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.