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.