South Australian Current Acts

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ELECTRICITY ACT 1996 - SECT 36AB

36AB—Provision for default contract with small customers

        (1)         This section applies to an electricity entity holding a licence authorising the retailing of electricity that sells electricity to one or more small customers in South Australia.

        (2)         It is a condition of the electricity entity's licence that the entity must, if the entity becomes bound, in accordance with the regulations, to sell electricity to a small customer under a default contract arrangement for a period specified in the regulations—

            (a)         give the customer a written notice in accordance with the regulations; and

            (b)         sell electricity to the customer at the entity's default contract price and subject to the entity's default contract terms and conditions for that period.

        (3)         In this section—

"default contract price", in relation to an electricity entity, means whichever of the following is the price last fixed:

            (a)         the price fixed for the sale of electricity to non-contestable customers by the electricity pricing order under section 35B immediately before 1 January 2003;

            (b)         a price fixed by the entity as the entity's default contract price by notice published in the Gazette and in a newspaper circulating generally in the State, where—

                  (i)         the price was fixed by the notice with effect from the end of the prescribed period from the date of publication of the notice; and

                  (ii)         the notice contained a statement of the entity's justification for the price; and

                  (iii)         the Commission did not, within the prescribed period, fix the entity's default contract price as referred to in paragraph (c);

            (c)         a price fixed by the Commission as the entity's default contract price by a determination of a kind referred to in section 35A(1)(a);

"default contract terms and conditions" means terms and conditions that have been published by the electricity entity under section 36 as the entity's default contract terms and conditions.



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