South Australian Current Acts

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ELECTRICITY ACT 1996 - SECT 36

36—Standard terms and conditions for sale or supply

        (1)         An electricity entity may, from time to time, fix standard terms and conditions governing the sale or supply of electricity (including the service of making connections to a transmission or distribution network) by the entity to small customers or customers of a prescribed class.

        (2)         An electricity entity must publish in the Gazette a notice setting out any standard terms and conditions fixed by the entity.

        (2a)         An electricity entity must, when it publishes a notice in the Gazette under subsection (2), also publish a notice in a newspaper circulating generally in the State describing the general nature of the standard terms and conditions and advising where a person may read or obtain a copy of the standard terms and conditions.

        (3)         Standard terms and conditions fixed under this section—

            (a)         must comply with the conditions of the electricity entity's licence; and

            (b)         come into force on the day specified by the electricity entity in the notice of the standard terms and conditions published in the Gazette under this section, being a day not earlier than the day on which the notice is published; and

            (c)         when in force are contractually binding on the electricity entity and the class of customers to which the terms and conditions are expressed to apply; and

            (d)         will, if they vary or exclude the operation of section 120(1) of the National Electricity Law , form an agreement between the electricity entity and each of the customers to which they are expressed to apply for the purposes of that section.

        (4)         Subject to the conditions of an electricity entity's licence, a standard term or condition fixed under this section may be modified or excluded by express agreement between the entity and a customer of the entity.

        (5)         An electricity entity that has fixed standard terms and conditions under this section must—

            (a)         supply a copy of the standard terms and conditions, without charge, on request made to the entity at a place approved by the Commission; and

            (b)         publish the standard terms and conditions on a website maintained by the entity.

Maximum penalty: $2 500.



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