Energy Coordination Act 1994
Gas Marketing Code of Conduct 2022
Western Australia
Gas Marketing Code of Conduct 2022
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
3.Terms used1
Part 2 — Marketing
Division 1 — Retailer obligations
4.Retailers must ensure gas marketing agents comply with Part5
Division 2 — Contracts and information to be provided to small use customers
5.Entering into standard form contract5
6.Entering into non‑standard contract7
Division 3 — Marketing conduct
6A.Term used: comparative marketing claim9
6B.Comparative marketing claims: standards of conduct10
6C.Comparative marketing claims: cooking10
6D.Comparative marketing claims: space heating10
6E.Comparative marketing claims: water heating11
6F.Comparative marketing claims: environmental sustainability or greenhouse gas emissions12
7.Other standards of conduct12
8.Contact for purposes of marketing13
9.Compliance with signs14
Division 3A — Basic plan information documents
Subdivision 1 — Contents of basic plan information documents
9A.Gas plan, generally available plan, restricted plan and basic plan information document14
9B.Contents of basic plan information documents15
9C.Display requirements16
9D.Language requirements16
9E.Permitted inclusions16
Subdivision 2 — Obligations on retailers
9F.Retailers must make basic plan information documents available to small use customers17
9G.Retailers must provide link to basic plan information documents on retailers’ websites17
9H.Retailers must ensure third party comparison websites provide link to basic plan information documents18
9I.Retailers advertising generally available plans must provide link to basic plan information documents18
Division 4 — Miscellaneous
10.Compliance with code19
11.Presumption of authority20
12.Gas marketing agent complaints20
13.Records must be kept20
Part 3 — Repeal
14.Gas Marketing Code of Conduct 2017 repealed21
Schedule 1 — Contents of basic plan information documents
1.Introductory statement22
2.Eligibility criteria22
3.General plan information22
4.Charges23
5.Discounts and incentives24
6.Fees not part of plan charges24
Schedule 2 — Terms permitted and not permitted in basic plan information documents
Notes
Compilation table27
Defined terms
Energy Coordination Act 1994
Gas Marketing Code of Conduct 2022
This code comes into operation as follows —
(a)Part 1 — on the day on which this code is published in the Gazette;
(b)the rest of the code — on 1 July 2022.
In this code —
alternative tariff, for a small use customer, means a tariff other than the tariff under which the customer is currently supplied gas;
AS, followed by a designation, means an Australian Standard having that designation that is published by Standards Australia;
Australian Consumer Law (WA) has the meaning given in the Fair Trading Act 2010 section 17(1);
basic plan information document has the meaning given in clause 9A(4);
business day means a day other than a Saturday, a Sunday or a public holiday throughout the State;
Compendium means the Compendium of Gas Customer Licence Obligations prepared and administered by the Authority;
complaint means an expression of dissatisfaction made to or about an organisation, related to its products, services, staff or the handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required;
concession means a concession, rebate, subsidy or grant, available to residential customers only, in relation to the supply of gas;
contact means contact that is —
(a)face to face; or
(b)by telephone; or
(c)by post; or
(d)by email or other means of electronic communication;
contract means a standard form contract or a non‑standard contract;
cooling‑off period, in relation to a contract, means the period specified in the contract as the cooling‑off period;
distributor means —
(a)in relation to a small use customer who has entered into a contract — the person who holds the distribution licence for the distribution system through which gas is supplied to the customer under the contract; or
(b)otherwise — a person who holds a distribution licence;
gas industry ombudsman means the Energy and Water Ombudsman Western Australia performing the function of gas industry ombudsman under a scheme approved under Part 2D of the Act and an agreement under the Parliamentary Commissioner Act 1971 section 34;
gas marketing agent —
(a)means a person who acts on behalf of a retailer —
(i)for the purpose of obtaining new customers for the retailer; or
(ii)in dealings with existing customers in relation to contracts for the supply of gas by the retailer;
and
(b)includes a representative, agent or employee of a person referred to in paragraph (a); but
(c)does not include a customer representative or the Housing Authority;
gas plan has the meaning given in clause 9A(1);
generally available plan has the meaning given in clause 9A(2);
Housing Authority means the body renamed as the Housing Authority by the Housing Act 1980 section 6(4);
marketing identification number means a unique number assigned by a retailer to each gas marketing agent acting on its behalf;
National Interpreter Symbol means the national public information symbol “Interpreter Symbol” (with text) developed by the State of Victoria in partnership with the Commonwealth, State and Territory governments in accordance with AS 2342‑1992;
non‑standard contract has the meaning given in section 11WB of the Act;
residential customer means a small use customer who consumes gas solely for domestic use;
retailer means a person who holds a trading licence;
standard form contract has the meaning given in section 11WB of the Act;
unsolicited consumer agreement has the meaning given in the Australian Consumer Law (WA) section 69;
verifiable confirmation means confirmation that is given to a retailer or a gas marketing agent —
(a)expressly; and
(b)in writing or orally; and
(c)by a small use customer or a nominated person competent to give the confirmation on the customer’s behalf;
verifiable consent means consent that is given to a retailer or a gas marketing agent —
(a)expressly; and
(b)in writing or orally; and
(c)by a small use customer or a nominated person competent to give the consent on the customer’s behalf; and
(d)after the retailer or gas marketing agent (whichever is relevant) has, in plain language appropriate to the customer, disclosed all matters materially relevant to the giving of the consent, including each specific purpose for which the consent will be used.
Note for this clause:
A term used in this code has the same meaning as it has in the Energy Coordination Act 1994. See the Energy Coordination Act 1994 sections 3 and 11ZPL in particular, and the Interpretation Act 1984 section 44.
[Clause 3 amended: SL 2025/74 cl. 4.]
Note for this Part:
This code is not the only compliance obligation in relation to marketing. Other State and Commonwealth laws apply to marketing activities, including the Fair Trading Act 2010, the Spam Act 2003 (Commonwealth), the Spam Regulations 2021 (Commonwealth), the Do Not Call Register Act 2006 (Commonwealth), the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017 (Commonwealth) and the Privacy Act 1988 (Commonwealth).
Division 1 — Retailer obligations
4.Retailers must ensure gas marketing agents comply with Part
A retailer must ensure that its gas marketing agents comply with this Part.
Division 2 — Contracts and information to be provided to small use customers
5.Entering into standard form contract
(1)When a retailer and a small use customer enter into a standard form contract that is not an unsolicited consumer agreement, the retailer or a gas marketing agent must —
(a)record the date on which the standard form contract was entered into; and
(b)give, or make available to the small use customer at no charge, a copy of the standard form contract —
(i)if the standard form contract is entered into by telephone — as soon as possible, but not more than 5 business days, after the standard form contract is entered into; or
(ii)otherwise — at the time the standard form contract is entered into.
(2)Unless subclause (3) applies, if a small use customer enters into a standard form contract with a retailer, the retailer or a gas marketing agent must give the following information to the customer before or at the time of giving the customer’s 1st bill —
(a)how the customer may obtain —
(i)a copy of this code and the Compendium; and
(ii)details of all relevant tariffs, fees, charges, alternative tariffs and service levels that may apply to the customer;
(b)the scope of this code;
(c)that retailers and gas marketing agents must comply with this code;
(d)how the retailer may assist if the customer is experiencing problems paying a bill;
(e)in the case of a residential customer — a statement that the residential customer may be eligible to receive concessions and how the residential customer may find out about their eligibility to receive those concessions;
(f)the distributor’s 24‑hour telephone number for faults and emergencies;
(g)in the case of a residential customer —
(i)the telephone number for interpreter services, identified by the National Interpreter Symbol; and
(ii)the telephone number (or numbers) for services that can assist customers with a speech or hearing impairment;
(h)how to make an enquiry of, or complaint to, the retailer.
(3)A retailer or a gas marketing agent is not required to give the information set out in subclause (2) to a small use customer if —
(a)the retailer or a gas marketing agent has given the information to the customer within the preceding 12 months; or
(b)the retailer or a gas marketing agent has informed the customer how the customer may obtain the information and the customer has not requested to be given the information.
6.Entering into non‑standard contract
(1)When a retailer and a small use customer enter into a non‑standard contract that is not an unsolicited consumer agreement, the retailer or a gas marketing agent must —
(a)obtain and make a record of the verifiable consent of the small use customer with whom the non‑standard contract is entered into; and
(b)give, or make available to the small use customer at no charge, a copy of the non‑standard contract —
(i)if the non‑standard contract is entered into by telephone — as soon as possible, but not more than 5 business days, after the non‑standard contract is entered into; or
(ii)otherwise — at the time the non‑standard contract is entered into.
(2)Before a retailer enters into a non‑standard contract with a small use customer, the retailer or a gas marketing agent must give the small use customer the following information —
(a)that the customer is able to choose the standard form contract offered by the retailer;
(b)details of the difference between the non‑standard contract and the standard form contract;
(c)details of any right the customer may have to rescind the non‑standard contract during the cooling‑off period and the charges that may apply if the customer rescinds the non‑standard contract.
(3)Unless subclause (4) applies, if a small use customer enters into a non‑standard contract with a retailer, the retailer or a gas marketing agent must give the following information to the customer before or at the time of giving the customer’s 1st bill —
(a)how the customer may obtain —
(i)a copy of this code and the Compendium; and
(ii)details of all relevant tariffs, fees, charges, alternative tariffs and service levels that may apply to the customer;
(b)the scope of this code;
(c)that retailers and gas marketing agents must comply with this code;
(d)how the retailer may assist if the customer is experiencing problems paying a bill;
(e)the distributor’s 24‑hour telephone number for faults and emergencies;
(f)in the case of a residential customer —
(i)the telephone number for interpreter services, identified by the National Interpreter Symbol; and
(ii)the telephone number (or numbers) for services that can assist customers with a speech or hearing impairment;
(g)how to make an enquiry of, or complaint to, the retailer.
(4)A retailer or gas marketing agent is not required to give the information set out in subclause (3) to a small use customer if —
(a)the retailer or gas marketing agent has given the information to the customer within the preceding 12 months; or
(b)the retailer or gas marketing agent has informed the customer how the customer may obtain the information, and the customer has not requested to be given the information.
(5)A retailer or gas marketing agent must obtain the small use customer’s verifiable confirmation that the information set out in subclause (2) has been given.
[Clause 6 amended: SL 2025/74 cl. 5.]
Division 3 — Marketing conduct
6A.Term used: comparative marketing claim
In this Division —
comparative marketing claim means a statement made in the course of marketing that —
(a)compares gas and electricity or implies a comparison between gas and electricity; and
(b)refers, or impliedly refers, to —
(i)cost effectiveness; or
(ii)energy efficiency; or
(iii)environmental health; or
(iv)environmental sustainability; or
(v)greenhouse gas emissions.
[Clause 6A inserted: SL 2025/74 cl. 6.]
6B.Comparative marketing claims: standards of conduct
A retailer or gas marketing agent who makes a comparative marketing claim must ensure that the claim complies with clauses 6C to 6F.
[Clause 6B inserted: SL 2025/74 cl. 6.]
6C.Comparative marketing claims: cooking
(1)A comparative marketing claim that relates to cooking must —
(a)contain only information that is true and accurate; and
(b)refer to a type of cooktop; and
(c)if the type of cooktop referred to is not an induction cooktop — include a comparison between the cooktop and an induction cooktop; and
(d)specify direct combustion products likely to be present during and immediately after the use of a gas cooktop; and
(e)if the claim refers to the cost of using a cooktop — state the cost relative to the output of the cooktop.
Examples for paragraph (b):
Gas cooktop, induction cooktop, electric resistive cooktop, gas hotplate cooktop and electric hotplate cooktop are types of cooktops.
(2)In subclause (1) —
induction cooktop means a device that uses metal coils to induce an electric field that heats the base of a cooking vessel.
[Clause 6C inserted: SL 2025/74 cl. 6.]
6D.Comparative marketing claims: space heating
(1)A comparative marketing claim that relates to space heating must —
(a)contain only information that is true and accurate; and
(b)refer to a type of space heating appliance; and
(c)if the space heating appliance referred to is not an air conditioner — include a comparison between the appliance and an air conditioner; and
(d)if the claim refers to the cost of using a space heating appliance — state the cost relative to the output of the appliance.
Examples for paragraph (b):
Flued gas heater, unflued gas heater, oil column heater and reverse cycle air conditioner are types of space heating appliances.
(2)In subclause (1) —
air conditioner has the meaning given in the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 (Commonwealth) section 5.
[Clause 6D inserted: SL 2025/74 cl. 6.]
6E.Comparative marketing claims: water heating
(1)A comparative marketing claim that relates to water heating must —
(a)contain only information that is true and accurate; and
(b)refer to a type of water heating appliance; and
(c)if the water heating appliance referred to is not a heat pump water heater — include a comparison between the appliance and a heat pump water heater; and
(d)if the claim refers to the cost of using a water heating appliance — state the cost relative to the output of the appliance.
Examples for paragraph (b):
Tankless gas heater, gas storage heater and electric resistive storage heater are types of water heating appliances.
(2)In subclause (1)(c) —
heat pump water heater (also known as a vapour compression type water heater) means a water heater with a mechanical device that uses cyclic adiabatic compression of a vapour, followed by expansion, to force phase changes which result in heating of the water through a heat exchange process.
[Clause 6E inserted: SL 2025/74 cl. 6.]
6F.Comparative marketing claims: environmental sustainability or greenhouse gas emissions
(1)A comparative marketing claim that refers, or impliedly refers, to environmental sustainability or greenhouse gas emissions —
(a)must not specify information about greenhouse gas emissions unless the information relates to customers’ use of cooking appliances, space heating appliances or water heating appliances; and
(b)must specify the carbon dioxide equivalence of an amount of greenhouse gas relative to the output of any appliance referred to in the claim; and
(c)must not claim or imply a benefit from the use of gas only by reference to the National Greenhouse and Energy Reporting (Measurement) Determination 2008 (Commonwealth).
(2)In subclause (1)(b) —
carbon dioxide equivalence, of an amount of greenhouse gas, has the meaning given in the National Greenhouse and Energy Reporting Act 2007 (Commonwealth) section 7.
[Clause 6F inserted: SL 2025/74 cl. 6.]
(1)A retailer or gas marketing agent must ensure that the inclusion of concessions is made clear to residential customers of the retailer and that any prices that exclude concessions are disclosed.
(2)A retailer or gas marketing agent must ensure that a small use customer of the retailer is able to contact the retailer or gas marketing agent using the retailer’s or gas marketing agent’s contact details, including their telephone number, during the normal business hours of the retailer or gas marketing agent for the purposes of enquiries, verifications and complaints.
8.Contact for purposes of marketing
(1)A retailer or gas marketing agent who contacts a small use customer for the purposes of marketing must —
(a)provide the following information to the customer —
(i)the name of the retailer or the retailer on whose behalf the contact is being made;
(ii)if the contact is face to face — the first name and a photograph of the person who is contacting the customer;
(iii)if the contact is face to face by a gas marketing agent — the agent’s marketing identification number;
and
(b)on request by the customer, provide the following information to the customer —
(i)the complaints telephone number of the retailer or the retailer on whose behalf the contact is being made;
(ii)the business address and Australian Business Number or Australian Company Number of the retailer or the retailer on whose behalf the contact is being made;
(iii)a link to, or a paper copy of, a basic plan information document about any of the retailer’s generally available plans;
(iv)the contact details for the gas industry ombudsman;
(v)if the contact is by a gas marketing agent and is not face to face — the agent’s marketing identification number.
(2)A retailer or gas marketing agent who meets with a small use customer face to face for the purposes of marketing is taken to have met the requirements of subclause (1)(a) if the retailer or agent displays a clearly visible and legible identity card that shows the information referred to in that paragraph.
(3)If a small use customer requests information referred to in subclause (1)(b) in writing, the retailer or gas marketing agent must comply with the request as soon as practicable after it is made.
[Clause 8 inserted: SL 2025/74 cl. 7.]
A retailer or gas marketing agent who visits a person’s premises for the purposes of marketing must comply with any clearly visible signs at the person’s premises indicating —
(a)that canvassing is not permitted at the premises; or
(b)that no advertising or similar material is to be left at the premises or in a letterbox or other receptacle at, or associated with, the premises.
Division 3A — Basic plan information documents
[Heading inserted: SL 2025/74 cl. 8.]
Subdivision 1 — Contents of basic plan information documents
[Heading inserted: SL 2025/74 cl. 8.]
9A.Gas plan, generally available plan, restricted plan and basic plan information document
(1)A gas plan is a plan by a retailer to supply gas to small use customers under a contract.
(2)A generally available plan is a gas plan that is —
(a)generally made available only to residential customers in 1 or more supply areas or 1 or more parts of a supply area; and
(b)not a restricted plan.
(3)A restricted plan is a gas plan that is —
(a)only available to specific small use customers in 1 or more supply areas or 1 or more parts of a supply area; and
(b)tailored to meet the specific circumstances and needs of those customers.
Examples for this subclause:
1.A gas plan available to a small use customer who is an employee of the retailer.
2.A gas plan available to a small use customer who negotiates the plan with the retailer based on the retailer supplying gas to multiple locations for the customer.
3.A gas plan available to a small use customer for the purpose of the customer on‑selling the gas to others, such as the operator of a commercial building or apartment complex who on‑sells gas to individual tenants or occupants.
4.A gas plan available to a small use customer as part of a pilot program for the supply of gas by the retailer.
(4)A basic plan information document is a document that provides basic information about a generally available plan.
[Clause 9A inserted: SL 2025/74 cl. 8.]
9B.Contents of basic plan information documents
A basic plan information document must include the information specified in Schedule 1 about the plan to which it relates.
[Clause 9B inserted: SL 2025/74 cl. 8.]
(1)A basic plan information document must be in Portable Document Format (PDF).
(2)The words in a basic plan information document must appear in black on a white or lightly coloured background.
(3)The information included in a basic plan information document under clause 9B must appear in the same order in which it is set out in Schedule 1.
(4)Despite subclause (3) —
(a)information may be displayed left to right, rather than top to bottom, on a page; and
(b)information about discounts may be displayed beside information about charges.
[Clause 9C inserted: SL 2025/74 cl. 8.]
A basic plan information document —
(a)must not include a term specified in column 1 of the Table in Schedule 2; and
(b)may instead use a term specified in column 2 of the Table opposite the term in column 1 of the Table in Schedule 2.
[Clause 9D inserted: SL 2025/74 cl. 8.]
Clauses 9B to 9D do not prevent —
(a)the inclusion in a basic plan information document of —
(i)an item, such as a logo, to associate the document with the retailer; or
(ii)a link to the retailer’s website or social media account;
or
(b)the use of a colour in the document that is not a colour specified in clause 9C(2) for —
(i)information other than information required to be included under clause 9B; or
(ii)table lines or decorative marks.
[Clause 9E inserted: SL 2025/74 cl. 8.]
Subdivision 2 — Obligations on retailers
[Heading inserted: SL 2025/74 cl. 8.]
9F.Retailers must make basic plan information documents available to small use customers
(1)A retailer must make available to small use customers a basic plan information document about each of the retailer’s generally available plans.
(2)A basic plan information document must be made available within 5 business days after —
(a)the plan becomes available; or
(b)if the plan is already available — any of the information included in the plan under clause 9B changes.
[Clause 9F inserted: SL 2025/74 cl. 8.]
9G.Retailers must provide link to basic plan information documents on retailers’ websites
If a retailer publishes information on its website about a generally available plan, the retailer must provide a link to a basic plan information document about the plan that is —
(a)clearly and prominently displayed on the website; and
(b)immediately proximate to any link on the website that allows a small use customer to enter into the contract to which the plan relates.
[Clause 9G inserted: SL 2025/74 cl. 8.]
9H.Retailers must ensure third party comparison websites provide link to basic plan information documents
(1)In this clause —
third party comparison website means a website on which retailers arrange to place information about generally available plans so that customers can compare those plans.
(2)This clause applies if information about a retailer’s generally available plan is published on a third party comparison website.
(3)The retailer must ensure that a link to a basic plan information document about the generally available plan is —
(a)clearly and prominently displayed on the third party comparison website; and
(b)immediately proximate to any link on the website that —
(i)allows a small use customer to sign up to the plan under a contract; or
(ii)redirects a small use customer to the retailer’s website.
[Clause 9H inserted: SL 2025/74 cl. 8.]
9I.Retailers advertising generally available plans must provide link to basic plan information documents
(1)In this clause —
advertise includes publish or display, or cause to be published or displayed, by television, radio broadcast, a website, social media, a billboard, a newspaper or a magazine;
website means a website other than a website referred to in clause 9G or 9H.
(2)If a retailer advertises a generally available plan, the retailer must ensure that the following statement is included as part of the advertisement in a clear and legible way —
A basic plan information document about this plan is available at [insert details of a link on the retailer’s website to a basic plan information document for the generally available plan].
(3)If a retailer advertises 2 or more generally available plans in 1 advertisement, the retailer must ensure that the following statement is included as part of the advertisement in a clear and legible way —
Basic plan information documents about these plans are available at [insert details of a link on the retailer’s website to basic plan information documents for the generally available plans].
[Clause 9I inserted: SL 2025/74 cl. 8.]
(1)A gas marketing agent who contravenes a provision of this code commits an offence.
Penalty for this subclause:
(a)for an individual, $5 000;
(b)for a body corporate, $20 000.
(2)If a gas marketing agent contravenes a provision of this code while acting on behalf of a retailer, the retailer commits an offence.
Penalty for this subclause:
(a)for an individual, $5 000;
(b)for a body corporate, $20 000.
(3)It is a defence to a prosecution for an offence under subclause (2) if the retailer proves that the retailer used reasonable endeavours to ensure that the gas marketing agent complied with this code.
(1)This clause applies to a person who carries out any marketing activity in the name of or for the benefit of —
(a)a retailer; or
(b)a gas marketing agent.
(2)The person is taken, unless the contrary is proved, to have been employed or authorised by the retailer or gas marketing agent to carry out the marketing activity.
12.Gas marketing agent complaints
A gas marketing agent must —
(a)keep a record of each complaint made by a small use customer, or person contacted for the purposes of marketing, about the marketing carried out by or on behalf of the gas marketing agent; and
(b)on request by the gas industry ombudsman in relation to a particular complaint, give to the gas industry ombudsman, within 28 days after receiving the request, all information that the gas marketing agent has relating to the complaint.
A record or other information that a gas marketing agent is required to keep under this code must be kept for at least 2 years from the last time that there was contact between the person to whom the record or other information relates and the gas marketing agent.
14.Gas Marketing Code of Conduct 2017 repealed
The Gas Marketing Code of Conduct 2017 is repealed.
Schedule 1 — Contents of basic plan information documents
[cl. 9B and 9C]
[Heading inserted: SL 2025/74 cl. 9.]
(1)The name of the generally available plan.
(2)The date of publication of the basic plan information document.
[Clause 1 inserted: SL 2025/74 cl. 9.]
(1)The name of the distributor for the distribution system through which a small use customer must receive gas under the generally available plan.
(2)Any requirement about metering for a small use customer to be eligible for the generally available plan, including, for example, if a small use customer is required to have a particular meter.
(3)Any requirement that a small use customer must purchase additional products or services to be eligible for the generally available plan, including, for example, a combined gas and telecommunication plan.
(4)Any requirement that, to be eligible for the generally available plan, a small use customer must hold or be eligible to hold any of the following cards, issued on behalf of the Commonwealth and known by the following names —
(a)a pensioner concession card;
(b)a Commonwealth seniors health card;
(c)a Veteran Gold Card.
[Clause 2 inserted: SL 2025/74 cl. 9.]
(1)The cooling‑off period for the generally available plan.
(2)Either —
(a)the period for which the contract for the generally available plan has effect; or
(b)if there is no period for which the contract for the plan has effect — that fact.
(3)If the retailer will automatically place the small use customer onto a new generally available plan after the end of a benefit period or the term of the contract for the generally available plan — that fact.
(4)If the retailer may change charges under the generally available plan —
(a)that fact; and
(b)how and when the retailer will notify the small use customer of the change.
(5)The nominal billing period for the generally available plan.
(6)If an alternative billing period to the nominal billing period is available under the generally available plan — that fact.
(7)Payment methods for the generally available plan.
(8)How and where a small use customer can access the full terms and conditions of the generally available plan.
(9)The retailer’s telephone number and website address.
[Clause 3 inserted: SL 2025/74 cl. 9.]
(1)The charge for gas supplied under the generally available plan, including any levied GST.
(2)In subclause (1) —
GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) section 195‑1.
[Clause 4 inserted: SL 2025/74 cl. 9.]
(1)In this clause —
conditional discount means a discount that requires a small use customer to meet particular conditions to receive the discount;
GST has the meaning given in clause 4(2);
guaranteed discount means a discount other than a conditional discount.
(2)If a discount applies under the generally available plan —
(a)the discount percentage; and
(b)the charges under the plan to which the discount applies; and
(c)whether the discount is applied before or after GST is levied; and
(d)whether the discount is a guaranteed discount or a conditional discount.
(3)If a conditional discount applies under the generally available plan, in addition to the information specified in subclause (2) —
(a)the conditions a small use customer must meet to receive the discount; and
(b)if the discount will be disapplied if a small use customer ceases to meet those conditions — that fact.
(4)If an incentive, other than a discount, is available for entering into, or remaining in, a contract for the generally available plan, including, for example, a one‑off benefit — that fact.
[Clause 5 inserted: SL 2025/74 cl. 9.]
6.Fees not part of plan charges
(1)The fee, if any, for account establishment, specified in dollars.
(2)The fee, if any, for account keeping or servicing, specified in cents per day.
(3)The fee, if any, specified in dollars, for —
(a)non‑payment of a bill; or
(b)the issue of a written notice for an overdue bill.
(4)The interest, if any, charged in relation to an overdue bill, specified as —
(a)a percentage of the amount overdue under the bill; or
(b)a percentage of the amount overdue under the bill and the Australian Stock Exchange Bank Bill Swap Rate (BBSW).
(5)The fee, if any, for paying a bill at a physical outlet, including, for example, Australia Post (as defined in the Australian Postal Corporation Act 1989 (Commonwealth) section 3), specified in dollars per payment.
(6)The fee, if any, specified in dollars per copy, for —
(a)a paper copy of a bill; or
(b)a subsequent paper copy of a bill.
(7)The fee, if any, for processing of a payment, specified as a percentage of the amount paid.
(8)The fee, if any, for a service by a distributor that is in addition to a fee charged by the distributor to the retailer.
(9)Any other fee charged under the generally available plan and the circumstances in which that fee is payable.
[Clause 6 inserted: SL 2025/74 cl. 9.]
Schedule 2 — Terms permitted and not permitted in basic plan information documents
[cl. 9D]
[Heading inserted: SL 2025/74 cl. 9.]
Table
|
Column 1 Terms not permitted |
Column 2 Terms permitted |
|
unconditional discount non‑conditional discount base discount |
guaranteed discount |
|
termination fee early termination fee |
exit fee |
|
consumption charge |
usage charge |
|
standing charge fixed charge |
supply charge |
|
evergreen fixed benefit period |
ongoing contract with benefit period ongoing contract with [insert number of months] benefit period |
[Schedule 2 inserted: SL 2025/74 cl. 9.]
This is a compilation of the Gas Marketing Code of Conduct 2022 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
|
Citation |
Published |
Commencement |
|
Gas Marketing Code of Conduct 2022 |
SL 2022/109 |
Pt. 1: 28 Jun 2022 (see cl. 2(a)); |
|
Gas Marketing Code of Conduct Amendment Code 2025 |
SL 2025/74 19 May 2025 |
cl. 1 and 2: 19 May 2025 (see cl. 2(a)) |
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
advertise9I(1)
air conditioner6D(2)
alternative tariff3
AS3
Australian Consumer Law (WA)3
basic plan information document3, 9A(4)
business day3
carbon dioxide equivalence6F(2)
comparative marketing claim6A
Compendium3
complaint3
concession3
conditional discountSch. 1 cl. 5(1)
contact3
contract3
cooling-off period3
distributor3
gas industry ombudsman3
gas marketing agent3
gas plan3, 9A(1)
generally available plan3, 9A(2)
GSTSch. 1 cl. 4(2) and 5(1)
guaranteed discountSch. 1 cl. 5(1)
heat pump water heater6E(2)
Housing Authority3
induction cooktop6C(2)
marketing identification number3
National Interpreter Symbol3
non-standard contract3
residential customer3
restricted plan9A(3)
retailer3
standard form contract3
third party comparison website9H(1)
unsolicited consumer agreement3
verifiable confirmation3
verifiable consent3
website9I(1)
© State of Western Australia 2026. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2026. By Authority: ROGER JACOBS, Acting Government Printer