Electricity Industry Act 2004

Code of Conduct for the Supply of Electricity to Small Use Customers 2022

 

Code of Conduct for the Supply of Electricity to Small Use Customers 2022

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Terms used1

4.Payment plans12

5.Provision of information to customers12

6.Variations relating to standard form contracts13

7.Variations relating to non‑standard contracts14

Part 2 — Marketing

Division 1 — Retailer obligations

8.Retailers must ensure electricity marketing agents comply with Part15

Division 2 — Contracts and information to be provided to customers

9.Entering into standard form contract15

10.Entering into non‑standard contract17

Division 3 — Marketing conduct

11.Standards of conduct19

12.Contact for purposes of marketing20

13.Compliance with signs21

Division 4 — Miscellaneous

14.Compliance with code21

15.Presumption of authority22

16.Electricity marketing agent complaints22

17.Records must be kept23

Part 3 — Connection

18.Obligation to forward connection request24

Part 4 — Billing

Division 1 — Billing cycles

19.Standard billing cycle25

20.Shortened billing cycle25

Division 2 — Contents of bill

21.Contents of bill27

Division 3 — Basis of bill

22.Basis of bill30

23.Estimations31

24.Replacement of estimation with actual value32

Division 4 — Change of tariffs

25.Customer request for change of tariff32

26.Tariff change if former tariff unavailable33

Division 5 — Review of bill and energy data checking

27.Review of bill33

28.Energy data checking34

Division 6 — Undercharging and overcharging

29.Undercharging35

30.Overcharging36

Division 7 — Final bill

31.Request for final bill37

Division 8 — Providing bills under standard form contracts

32.Provision of bills38

Part 5 — Payment

33.Payment date39

34.Payment methods39

35.Payment in advance39

36.Redirection of bills40

37.Late payment fee40

38.Vacating supply address42

39.Debt collection43

Part 6 — Payment assistance

Division 1 — Assessment of financial situation

40.Assessment44

Division 2 — Payment assistance

41.Payment assistance45

42.Limits to payment extensions45

43.Payment plans45

44.Variation of payment plans47

Division 3 — Additional assistance available to residential customers experiencing financial hardship

45.Reductions of fees, charges or debt and provision of advice47

46.Hardship policy and hardship procedures48

Division 4 — Business customers experiencing payment difficulties

47.Alternative payment arrangements51

Part 7 — Disconnection

Division 1 — Conduct in relation to disconnection

Subdivision 1 — Disconnection for failure to pay bill

48.General requirements52

49.Limitations on disconnection for failure to pay bill53

50.Dual fuel contracts54

Subdivision 2 — Disconnection for denying access to meter

51.Disconnection for denying access to meter54

Division 2 — Limits on disconnection

52.General limits on disconnection56

Part 8 — Reconnection

53.Obligation on retailer to arrange reconnection59

54.Obligation on distributor to reconnect supply address59

Part 9 — Pre‑payment meters

55.Application62

56.Operation of pre‑payment meter62

57.Provision of information62

58.Reversion65

59.Life support equipment66

60.Requirements for pre‑payment meters68

61.Recharge facilities69

62.Concessions69

63.Meter check or test69

64.Credit retrieval70

65.Overcharging and undercharging70

66.Assistance for customers experiencing payment problems72

67.Waiver of fee for customers experiencing payment problems or affected by family violence73

Part 10 — Information and communication

Division 1 — Obligations for retailers

68.General information74

69.Information about tariffs, fees or charges75

70.Information about variations to tariffs, fees or charges: regulated prices75

71.Information about variations to tariffs, fees or charges: non‑regulated prices75

72.Historical billing data77

73.Service standard payments77

74.Distribution matters77

Division 2 — Obligations for distributors

75.General information77

76.Information about supply changes or interruptions79

Division 3 — Obligations for retailers and distributors

77.Written information must be easy to understand79

78.Special information needs79

79.Metering80

Division 4 — Disconnection or interruption for emergencies

80.Disconnection or interruption for emergencies81

Part 11 — Life support equipment scheme

81.Relevant standards82

82.Registration of life support equipment address: retailers82

83.Registration of life support equipment address: distributors84

84.Interruption of supply85

85.Periodic reviews85

86.De‑registration of address86

Part 12 — Complaints and dispute resolution

87.Obligation to establish complaints handling procedures89

88.Acknowledgment of complaint and response times89

89.Advice about outcome of complaint90

90.Obligation to refer complaint90

Part 13 — Protections relating to family violence

91.Family violence policy91

92.Protection from disconnection94

93.Written evidence95

Part 14 — Service standard payments

Division 1 — Obligations for retailers

94.Facilitating customer reconnections96

95.Wrongful disconnections96

96.Customer service97

Division 2 — Obligations for distributors

97.Wrongful disconnections97

98.Customer service97

Division 3 — Payment

99.Exceptions98

100.Method of payment98

101.Recovery of payment99

Part 15 — Repeal

102.Code of Conduct for the Supply of Electricity to Small Use Customers 2018 repealed100

Notes

Compilation table101

Defined terms

 

Electricity Industry Act 2004

Code of Conduct for the Supply of Electricity to Small Use Customers 2022

Part 1  Preliminary

1.Citation

This code is the Code of Conduct for the Supply of Electricity to Small Use Customers 2022.

2.Commencement

This code comes into operation as follows —

(a)clauses 1 and 2 — on the day on which this code is published in the Gazette;

(b)the rest of the code — on 20 February 2023.

3.Terms used

In this code —

accumulation meter has the meaning given in the Metering Code clause 1.3;

actual value has the meaning given in the Metering Code clause 1.3;

alternative tariff, for a customer, means a tariff other than the tariff under which the customer is currently supplied electricity;

appropriately qualified medical practitioner means —

(a)within the Perth metropolitan area —

(i)a specialist medical practitioner; or

(ii)a hospice doctor; or

(iii)a medical practitioner working in a specialist department of a hospital;

or

(b)otherwise —

(i)a specialist medical practitioner; or

(ii)a hospice doctor; or

(iii)a medical practitioner working in a specialist department of a hospital; or

(iv)a doctor or general practitioner who works at a local hospital or rural health service (whether or not on a full‑time basis);

AS, followed by a designation, refers to an Australian Standard having that designation that is published by Standards Australia;

AS/NZS, followed by a designation, refers to an Australian/New Zealand Standard having that designation that is published jointly by Standards Australia and Standards New Zealand;

attach has the meaning given in the Obligation to Connect Regulations regulation 2;

Australian Consumer Law (WA) has the meaning given in the Fair Trading Act 2010 section 17(1);

basic living needs includes payments for —

(a)rent or mortgage; and

(b)utilities (for example, gas, phone and water); and

(c)food and groceries; and

(d)transport (including petrol and car expenses); and

(e)childcare and school fees; and

(f)clothing; and

(g)medical and dental expenses;

billing cycle means the regular recurrent period in which a customer receives a bill from a retailer;

bill issue date means the date on which a bill is sent by a retailer to a customer;

business customer means a customer who is not a residential customer;

business day means a day other than a Saturday, a Sunday or a public holiday throughout the State;

Centrelink means the Commonwealth agency known as Centrelink;

Centrepay means the facility that allows Centrelink customers to have automatic deductions taken from Centrelink payments;

collective customer means a customer —

(a)who receives a single bill from the retailer for electricity supplied at 2 or more supply addresses; or

(b)who is supplied electricity from the same retailer at multiple sites at a single supply address;

complaint means an expression of dissatisfaction made to or about an organisation, related to its products, services, staff or the handling of a complaint, for which 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, related to the supply of electricity;

connect means to attach by way of a physical link to an electricity network and to energise the link;

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;

contestable customer means a customer to whom the supply of electricity is not restricted under the Electricity Corporations Act 2005 section 54;

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;

credit retrieval means the ability for a pre‑payment meter customer to recover any payments made for the supply of electricity;

customer means a person —

(a)to whom electricity is sold for the purpose of consumption; and

(b)who consumes not more than 160 MWh of electricity per annum;

customer experiencing financial hardship means a residential customer who has been assessed by a retailer under clause 40 as experiencing financial hardship;

de‑energise means the removal of the supply voltage from a meter at a supply address while leaving the supply address attached;

designated person means —

(a)a residential customer; or

(b)another person named on the account of a residential customer; or

(c)a former residential customer who owes a debt to the retailer;

disconnect —

(a)means to de‑energise a customer’s supply address; but

(b)does not include de‑energising a customer’s supply address in the event of an interruption;

disconnection warning means a notice in writing issued in accordance with clause 48(1)(c) or 51(2)(d);

distributor means a person who holds a distribution licence or integrated regional licence under Part 2 of the Act;

dual fuel contract means a non‑standard contract for the sale of electricity and for the sale of gas by a retailer to a contestable customer;

electricity industry ombudsman means the Energy and Water Ombudsman Western Australia performing the functions of electricity industry ombudsman under a scheme approved under Part 7 of the Act and an agreement under the Parliamentary Commissioner Act 1971 section 34;

electricity 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 electricity 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;

emergency means the actual or imminent occurrence of an event that —

(a)in any way endangers or threatens to endanger the safety or health of any person, or the maintenance of power system security, in the State; or

(b)destroys or damages, or threatens to destroy or damage, any property in the State;

energise has the meaning given in the Obligation to Connect Regulations regulation 2;

energy data has the meaning given in the Metering Code clause 1.3;

family violence has the meaning given in the Restraining Orders Act 1997 section 5A;

financial hardship, in relation to a residential customer, means a state of long‑term financial disadvantage as a result of which the customer is unable to pay an outstanding amount as required by a retailer without affecting the customer’s ability to meet the basic living needs of the customer or a dependant of the customer;

historical debt means an amount outstanding for the supply of electricity by a retailer to a customer’s previous supply address or supply addresses;

Housing Authority means the body corporate established under the Housing Act 1980 section 6;

interruption —

(a)means the temporary unavailability of supply of electricity from the distribution network to a supply address; but

(b)does not include a disconnection under Part 7;

interval meter has the meaning given in the Metering Code clause 1.3;

life support equipment means specified equipment under the Life Support Equipment Electricity Subsidy Scheme as administered by the department of the Public Service principally assisting in the administration of the Taxation Administration Act 2003 immediately before 1 January 2023;

life support equipment address means a supply address registered under Part 11;

marketing identification number means a unique number assigned by a retailer to each electricity marketing agent acting on its behalf;

meter has the meaning given in the Metering Code clause 1.3;

Metering Code means the Electricity Industry (Metering) Code 2012;

metering data agent has the meaning given in the Metering Code clause 1.3;

metrology procedure has the meaning given in the Metering Code clause 1.3;

metropolitan area means —

(a)the Perth metropolitan area; and

(b)the local government district of Mandurah; and

(c)the local government district of Murray; and

(d)the townsites, as constituted under the Land Administration Act 1997 section 26, of —

(i)Albany; and

(ii)Bunbury; and

(iii)Geraldton; and

(iv)Kalgoorlie; and

(v)Karratha; and

(vi)Port Hedland; and

(vii)South Hedland;

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‑contestable customer means a customer other than a contestable customer;

non‑standard contract has the meaning given in section 47 of the Act;

Obligation to Connect Regulations means the Electricity Industry (Obligation to Connect) Regulations 2005;

overcharging —

(a)includes the overcharging of a customer as the result of —

(i)an error, defect or default for which the retailer or distributor is responsible (including when a meter is found to be defective); or

(ii)the retailer basing a bill or bills on estimated energy data that is greater than the actual value (not being a deemed actual value) of energy used where the actual value is derived from an actual meter reading undertaken by a person employed or appointed by the distributor that passes the validation processes in Appendix 2 of the Metering Code;

but

(b)does not include an amount charged in accordance with a bill smoothing arrangement;

payment plan has the meaning given in clause 4;

payment problems includes payment problems relating to a historical debt;

Perth metropolitan area means the region described in the Planning and Development Act 2005 Schedule 3;

pre‑payment meter means a meter that requires a customer to pay for the supply of electricity before consumption;

pre‑payment meter customer means a customer who has a pre‑payment meter operating at the customer’s supply address;

pre‑payment meter service means a service for the supply of electricity where the customer agrees to purchase electricity by means of a pre‑payment meter;

protected period means —

(a)a Monday, Tuesday, Wednesday or Thursday after 3 pm; or

(b)a Friday after 12 noon; or

(c)a Saturday, a Sunday or a public holiday throughout the State; or

(d)a business day immediately before a public holiday throughout the State;

recharge facility means a facility where a pre‑payment meter customer can purchase credit for a pre‑payment meter;

reconnect means to re‑energise the customer’s supply address following disconnection;

re‑energise means to restore the supply voltage to the meter at the supply address;

regional area means an area in the State other than the metropolitan area;

relevant consumer representative —

(a)means a person who may reasonably be expected to represent the interests of residential customers who are experiencing —

(i)difficulties in paying their bills or purchasing credit for the recharge of a pre‑payment meter; or

(ii)financial hardship;

and

(b)includes financial counsellors;

relevant standard, in relation to a retailer or a distributor, has the meaning given in clause 81;

reminder notice has the meaning given in clause 48(1)(a);

residential customer means a customer who consumes electricity solely for domestic use;

residential pre‑payment meter customer means a residential customer who has a pre‑payment meter operating at the customer’s supply address;

resolved, in relation to a complaint, means that —

(a)a decision or determination has been made by the retailer or distributor (as relevant) with respect to the complaint; and

(b)in making the decision or determination, the retailer or distributor had regard to the nature and particular circumstances of the complaint, and used all reasonable steps to ensure the best possible approach to addressing the complaint;

retailer means a person who holds a retail licence or integrated regional licence under Part 2 of the Act;

shortened billing cycle —

(a)means a billing cycle that is shorter than a customer’s standard billing cycle; but

(b)does not include a billing cycle agreed under clause 19(3);

standard form contract has the meaning given in section 47 of the Act;

supply address means the premises to which electricity was, is or may be supplied under a contract;

time band refers to a period of time within a time of use tariff to which a given tariff rate applies;

time of use tariff means a tariff structure in which some or all of the tariff varies according to the time at which electricity is supplied;

undercharging —

(a)includes the undercharging of a customer that is the result of —

(i)an error, defect or default for which the retailer or distributor is responsible (including when a meter is found to be defective); or

(ii)the retailer basing a bill or bills on estimated energy data that is less than the actual value (not being a deemed actual value) of energy used where the actual value is derived from an actual meter reading undertaken by a person employed or appointed by the distributor that passes the validation processes in Appendix 2 of the Metering Code; or

(iii)a failure to issue a bill to a customer;

but

(b)does not include an amount charged in accordance with a bill smoothing arrangement;

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 electricity marketing agent —

(a)expressly; and

(b)in writing or orally; and

(c)by a 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 electricity marketing agent —

(a)expressly; and

(b)in writing or orally; and

(c)by a customer or a nominated person competent to give the consent on the customer’s behalf; and

(d)after the retailer or electricity 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;

vulnerable customer means a designated person —

(a)who has advised the retailer that they are affected by family violence; or

(b)who the retailer has reason to believe is affected by family violence.

Note for this clause:

A term used in this code has the same meaning as it has in the Electricity Industry Act 2004. See the Electricity Industry Act 2004 sections 3 and 78 in particular, and the Interpretation Act 1984 section 44.

4.Payment plans

(1)For the purposes of this code, a payment plan is an interest‑free and fee‑free plan or other arrangement between a retailer and a residential customer under which the customer is allowed to pay a bill, any arrears or a charge (including a disconnection or reconnection charge) by 2 or more instalments while continuing consumption of electricity.

(2)In subclause (1), a fee includes any fee or charge associated with the establishment or operation of a payment plan that would not otherwise be payable if the residential customer had not entered into the payment plan.

5.Provision of information to customers

(1)In this clause —

designated entity means —

(a)a retailer; or

(b)a distributor; or

(c)an electricity marketing agent.

(2)If this code requires a designated entity to give or provide information to a customer on request, the designated entity may satisfy this requirement by —

(a)referring the customer —

(i)to the information on a retailer’s or distributor’s website (as the case requires); or

(ii)subject to subclause (4), to a mobile application or an electronic communication portal where the information may be obtained;

or

(b)providing a copy of the information to the customer.

(3)The designated entity must provide a copy of the information to the customer if the customer requests a copy.

(4)A designated entity may rely on subclause (2)(a)(ii) only if the designated entity, when referring a customer to the mobile application or portal, advises the customer that the customer is also entitled to be provided with a copy of the information by the designated entity.

(5)This clause does not limit any other provision of this code relating to the provision of information.

6.Variations relating to standard form contracts

(1)A retailer and a customer may agree that the following clauses do not apply, or are amended in their application, to a standard form contract —

(a)clause 18(2);

(b)clause 38(1);

(c)clause 53;

(d)clause 86(2);

(e)clause 100(1);

(f)clause 100(2).

(2)An agreement under subclause (1) may be a written or a verbal agreement.

7.Variations relating to non‑standard contracts

(1)A retailer and a customer may agree that the following clauses do not apply, or are amended in their application, to a non‑standard contract —

(a)clause 18(2);

(b)clause 19;

(c)clause 20;

(d)clause 21(1) to (6);

(e)clause 33;

(f)clause 34;

(g)clause 35;

(h)clause 38;

(i)clause 53;

(j)clause 86(2);

(k)clause 100(1);

(l)clause 100(2).

(2)An agreement under subclause (1) may be a written or a verbal agreement.

Part 2 — Marketing

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

8.Retailers must ensure electricity marketing agents comply with Part

A retailer must ensure that its electricity marketing agents comply with this Part.

Division 2 — Contracts and information to be provided to customers

9.Entering into standard form contract

(1)When a retailer and a customer enter into a standard form contract that is not an unsolicited consumer agreement, the retailer or an electricity marketing agent must —

(a)record the date on which the standard form contract was entered into; and

(b)give or make available to the 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 customer enters into a standard form contract with a retailer, the retailer or an electricity 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

(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 electricity 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 customer may be eligible to receive concessions and how the 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;

(i)general information on the safe use of electricity.

(3)A retailer or an electricity marketing agent is not required to give the information set out in subclause (2) to a customer if —

(a)the retailer or an electricity marketing agent has given the information to the customer within the preceding 12 months; or

(b)the retailer or an electricity marketing agent has informed the customer how the customer may obtain the information and the customer has not requested to be given the information.

10.Entering into non‑standard contract

(1)When a retailer and a customer enter into a non‑standard contract that is not an unsolicited consumer agreement, the retailer or an electricity marketing agent must —

(a)obtain and make a record of the customer’s verifiable consent to entering into the non‑standard contract; and

(b)give or make available to the 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 customer, the retailer or an electricity marketing agent must give the customer the following information —

(a)if the retailer is required to offer to supply electricity to the customer under a standard form contract —

(i)a statement that the customer is able to choose the standard form contract offered by the retailer; and

(ii)details of the difference between the non‑standard contract and the standard form contract;

(b)if the customer is a residential customer — a statement that the customer may be eligible to receive concessions and how the customer may find out about their eligibility to receive those concessions;

(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 customer enters into a non‑standard contract with a retailer, the retailer or an electricity 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

(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 electricity 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;

(h)general information on the safe use of electricity.

(4)A retailer or electricity marketing agent is not required to give the information set out in subclause (3) to a customer if —

(a)the retailer or an electricity marketing agent has given the information to the customer within the preceding 12 months; or

(b)the retailer or an electricity 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 electricity marketing agent must obtain the customer’s verifiable confirmation that the information referred to in subclause (2) has been given.

Division 3 — Marketing conduct

11.Standards of conduct

(1)A retailer or electricity 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 electricity marketing agent must ensure that a customer of the retailer is able to contact the retailer or electricity marketing agent on the retailer’s or electricity marketing agent’s contact details, including their telephone number, during the normal business hours of the retailer or electricity marketing agent for the purposes of enquiries, verifications and complaints.

12.Contact for purposes of marketing

(1)A retailer or electricity marketing agent who contacts a customer for the purposes of marketing must, on request by the customer, provide the customer with —

(a)the complaints telephone number of the retailer on whose behalf the contact is being made; and

(b)the contact details for the electricity industry ombudsman; and

(c)in the case of contact by an electricity marketing agent — the electricity marketing agent’s marketing identification number.

(2)A retailer or electricity marketing agent who meets with a customer face to face for the purposes of marketing must —

(a)display a clearly visible and legible identity card that shows —

(i)the first name of the person who is meeting with the customer; and

(ii)a photograph of the person who is meeting with the customer; and

(iii)in the case of an electricity marketing agent — the electricity marketing agent’s marketing identification number; and

(iv)the name of the retailer on whose behalf the contact is being made;

and

(b)on request by the customer, provide the following information, in writing, to the customer —

(i)the first name of the person who is meeting with the customer;

(ii)in the case of an electricity marketing agent — the electricity marketing agent’s marketing identification number;

(iii)the name of the retailer on whose behalf the contact is being made;

(iv)the complaints telephone number of the retailer on whose behalf the contact is being made;

(v)the business address and Australian Business Number or Australian Company Number of the retailer on whose behalf the contact is being made;

(vi)the contact details for the electricity industry ombudsman.

(3)A retailer or electricity marketing agent must comply with a request under subclause (2)(b) as soon as practicable after it is made by the customer.

13.Compliance with signs

A retailer or electricity 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 4 — Miscellaneous

14.Compliance with code

(1)An electricity marketing agent who contravenes a provision of this Part commits an offence.

Penalty for this subclause:

(a)for an individual, $5 000;

(b)for a body corporate, $20 000.

(2)If an electricity marketing agent contravenes a provision of this Part 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 electricity marketing agent complied with this code.

15.Presumption of authority

(1)This clause applies to a person who carries out a marketing activity in the name of or for the benefit of —

(a)a retailer; or

(b)an electricity marketing agent.

(2)The person is taken, unless the contrary is proved, to have been employed or authorised by the retailer or electricity marketing agent to carry out the marketing activity.

16.Electricity marketing agent complaints

An electricity marketing agent must —

(a)keep a record of each complaint made by a customer, or person contacted for the purposes of marketing, about the marketing carried out by or on behalf of the electricity marketing agent; and

(b)on request by the electricity industry ombudsman in relation to a particular complaint, give to the electricity industry ombudsman, within 28 days after receiving the request, all information that the electricity marketing agent has relating to the complaint.

17.Records must be kept

A record or other information that an electricity 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 electricity marketing agent.

Part 3  Connection

18.Obligation to forward connection request

(1)If a retailer agrees to sell electricity to a customer or arrange for the connection of the customer’s supply address, the retailer must forward the customer’s request for connection to the distributor for the purpose of arranging for the connection of the customer’s supply address (if the customer’s supply address is not already connected).

(2)A retailer must forward the customer’s request for connection to the distributor —

(a)if the request is received before 3 pm on a business day — on that same day; or

(b)if the request is received on or after 3 pm on a business day or on a Saturday, a Sunday or a public holiday throughout the State — no later than the next business day.

Note for this clause:

The Obligation to Connect Regulations provide regulations in relation to the obligation on a distributor to energise and connect a premises.

Part 4 — Billing

Division 1 — Billing cycles

19.Standard billing cycle

(1)Unless subclause (2) applies, a retailer must issue a bill to a customer at least once every 100 days.

(2)A retailer may issue a bill that is outside the timeframe under subclause (1) if the retailer —

(a)has not received the required energy data from the distributor for the purpose of preparing the bill, despite using its best endeavours to obtain the energy data from the distributor; or

(b)is unable to comply with the timeframe due to the actions of the customer in circumstances in which —

(i)the customer is supplied with electricity under a deemed contract pursuant to the Electricity Industry (Customer Contracts) Regulations 2005 regulation 37; and

(ii)the bill is the 1st bill issued to that customer at that supply address.

(3)A retailer and a customer may agree to a billing cycle with a regular recurrent period that differs from the customer’s standard billing cycle if —

(a)the retailer obtains the customer’s verifiable consent to the new billing cycle; and

(b)the regular recurrent period of the new billing cycle does not exceed 100 days.

20.Shortened billing cycle

(1)A retailer must not place a customer on a shortened billing cycle unless subclause (2) applies.

(2)A retailer may place a customer on a shortened billing cycle if —

(a)in the case of a residential customer — the customer is not a customer experiencing financial hardship; and

(b)the retailer has given the customer a reminder notice for 3 consecutive bills; and

(c)before the 3rd reminder notice is given to the customer, the retailer has given the customer a notice informing the customer that —

(i)receipt of a 3rd reminder notice may result in the customer being placed on a shortened billing cycle; and

(ii)in the case of a residential customer — assistance is available for residential customers experiencing problems paying their bills; and

(iii)the customer may obtain further information from the retailer on a specified telephone number; and

(iv)once on a shortened billing cycle, the customer must pay 3 consecutive bills by the due date to return to the customer’s former billing cycle.

(3)The retailer must, within 10 business days after placing the customer on a shortened billing cycle under subclause (2), give the customer notice that —

(a)the customer has been placed on a shortened billing cycle; and

(b)the customer must pay 3 consecutive bills by the due date shown on each bill to return to the customer’s former billing cycle; and

(c)failure to make a payment may result in arrangements being made for disconnection of the supply of electricity.

(4)A billing cycle shortened under subclause (2) must be at least 10 business days.

(5)A retailer must, on request, return a customer who is subject to a shortened billing cycle under subclause (2) and has paid 3 consecutive bills by the due date to the customer’s former billing cycle.

(6)A retailer must inform a customer who is subject to a shortened billing cycle under subclause (2), at least once every 3 months, that if the customer pays 3 consecutive bills by the due date of each bill, the customer will be returned, on request, to the customer’s former billing cycle.

Division 2 — Contents of bill

21.Contents of bill

(1)In addition to any information required to be included on a customer’s bill under another provision of this code, a retailer must include the information set out in this clause on the customer’s bill.

(2)The bill must include the following information in relation to the particular service —

(a)the supply address;

(b)the customer’s name and account number;

(c)a meter identification number (if relevant).

(3)The bill must include the following information in relation to supply and consumption of electricity —

(a)the start and end date of the supply period;

(b)the number of days covered by the bill;

(c)either —

(i)if the customer is on a time of use tariff — the customer’s consumption or estimated consumption for each time band in the time of use tariff; or

(ii)in any other case — the customer’s consumption or estimated consumption;

(d)unless the customer is a collective customer, the average daily consumption.

(4)The bill must include the following information in relation to amounts due and payments —

(a)the amount due;

(b)if there is an accumulation meter installed at the supply address — the current meter reading or estimate or, if the customer is on a time of use tariff, the current meter reading or estimate for each time band in the time of use tariff;

(c)if there is no meter installed at the supply address — the basis on which the amount due has been calculated;

(d)the applicable tariffs;

(e)the amount of any arrears or credit standing to the customer’s name;

(f)the amount of any other fees or charges and details of the service provided in connection with those fees or charges;

(g)in the case of a residential customer — a statement that the customer may be eligible to receive concessions and how the customer may find out about eligibility for those concessions;

(h)if applicable, the value and type of any concessions provided to the customer that are administered by the retailer;

(i)a statement advising the customer that assistance is available if the customer is experiencing problems paying the bill;

(j)a telephone number for billing and payment enquiries;

(k)if applicable and not included on a separate statement —

(i)payments made under a payment plan that has not been completed; and

(ii)the total amount outstanding under the payment plan;

(l)if applicable, a statement that an additional fee may be imposed to cover the costs of late payment from the customer;

(m)to the extent that the data is available, a graph or bar chart showing the customer’s amount due or consumption for the period covered by the bill, the previous bill and the bill for the same period last year;

(n)the average daily cost of consumption, including charges ancillary to the consumption of electricity, unless the customer is a collective customer;

(o)the date by which the bill must be paid;

(p)a summary of the applicable payment methods.

(5)If the customer has an export purchase agreement with the retailer, the bill must include the following information —

(a)if the customer has an accumulation meter installed and an export meter reading has been obtained — the export meter reading;

(b)either —

(i)if the customer is on a time of use tariff — the amount, or estimated amount, of electricity exported by the customer for each time band in the time of use tariff; or

(ii)in any other case — the amount, or estimated amount, of electricity exported by the customer.

(6)The bill must include the following ancillary information —

(a)a telephone number for complaints;

(b)the contact details for the electricity industry ombudsman;

(c)the distributor’s 24‑hour telephone number for faults and emergencies.

(7)Subclause (2)(b) does not apply if the customer is supplied under a deemed contract pursuant to the Electricity Industry (Customer Contracts) Regulations 2005 regulation 37.

(8)Subclause (4)(m) does not apply if the bill is —

(a)not indicative of a customer’s actual consumption; or

(b)not based on a meter reading; or

(c)for a collective customer.

(9)If a retailer wishes to bill a customer for a historical debt, the retailer must give the following information to the customer no later than the next bill in the customer’s billing cycle —

(a)the amount of the historical debt;

(b)the basis of the historical debt.

Division 3 — Basis of bill

22.Basis of bill

(1)A retailer must base a customer’s bill —

(a)on energy data provided for the relevant meter at the customer’s supply address provided by the distributor or metering data agent; or

(b)if there is no meter installed at the customer’s supply address — on energy data that is calculated in accordance with the metrology procedure, the Metering Code or any other applicable law; or

(c)if the customer has entered into a non‑standard contract — on any other method agreed between the retailer and the customer.

(2)A bill will be taken to comply with subclause (1)(a) if the bill reflects a smoothing or similar arrangement that has been entered into between the retailer and the customer.

(3)If a retailer is required to comply with subclause (1)(a), the retailer must use its best endeavours to ensure that an actual value is obtained as frequently as required to prepare its bills.

(4)The retailer must ensure that the customer is provided with a written record of any method agreed between the retailer and the customer under subclause (1)(c).

23.Estimations

(1)If a retailer has based a customer’s bill on an estimation, the retailer must clearly specify on the bill that —

(a)the retailer has based the bill on an estimation; and

(b)the retailer will provide to the customer on request —

(i)the basis of the estimation; and

(ii)the reason for the estimation;

and

(c)the customer may request —

(i)a verification of energy data; and

(ii)a meter reading.

(2)A retailer must provide to a customer on request —

(a)the basis for the estimation; and

(b)the reason for the estimation.

(3)For the purposes of this clause, a bill is taken to be based on an estimation in relation to an interval meter if —

(a)more than 10% of the interval meter readings are estimated interval meter readings; and

(b)the actual energy data cannot otherwise be ascertained.

24.Replacement of estimation with actual value

(1)This clause applies if —

(a)a retailer has based a bill on an estimation because a customer failed to provide access to the meter; and

(b)the customer —

(i)subsequently requests the retailer to replace the estimated bill with a bill based on an actual value; and

(ii)pays the retailer’s reasonable charge for reading the meter (if any); and

(iii)provides due access to the meter.

(2)The retailer must use its best endeavours to replace the estimated bill with a bill based on an actual value.

Division 4 — Change of tariffs

25.Customer request for change of tariff

(1)A retailer must comply with subclause (2) if the retailer offers alternative tariffs and a customer —

(a)requests the retailer to transfer from that customer’s current tariff to another tariff; and

(b)demonstrates to the retailer that the customer satisfies all of the conditions relating to that other tariff and any conditions imposed by the customer’s distributor.

(2)The retailer must transfer the customer to the other tariff referred to in subclause (1)(a) within 10 business days after the customer complies with subclause (1)(b).

(3)If a customer transfers from 1 tariff to another under this clause, the effective date of the transfer is —

(a)unless paragraph (b) applies — the date on which a meter reading is obtained; or

(b)if the transfer requires a change to the meter at the customer’s supply address — the date on which the meter change is completed.

26.Tariff change if former tariff unavailable

(1)This clause applies if a customer is no longer eligible to receive a tariff under which the customer is currently supplied electricity at the customer’s supply address.

(2)The retailer must, before changing the customer to another tariff, notify the customer of the proposed change.

Division 5 — Review of bill and energy data checking

27.Review of bill

(1)If a customer, after receiving a bill, disputes the amount to be paid, the retailer must review the bill if the customer —

(a)requests a review; and

(b)if the customer has not already paid the bill, pays the lesser of the following —

(i)that portion of the bill under review that the customer and the retailer agree is not in dispute;

(ii)an amount equal to the average amount of the customer’s bills over the previous 12 months (excluding the bill in dispute).

(2)If, after conducting a review, a retailer is satisfied that the bill —

(a)is correct, the retailer —

(i)may require the customer to pay the amount (if any) of the bill that is still outstanding; and

(ii)must advise the customer that the customer may request a meter test; and

(iii)must advise the customer of the existence and operation of the retailer’s standard complaints and dispute resolution procedures and details about making a complaint to the electricity industry ombudsman;

or

(b)is incorrect, the retailer —

(i)must comply with clause 29 or 30, as the case requires; and

(ii)may require the customer to pay the amount (if any) of the bill that is still outstanding.

(3)The retailer must inform a customer of the outcome of the review as soon as practicable after it is completed.

(4)If a retailer has not informed a customer of the outcome of the review within 20 business days from the date of receipt of the request for review, the retailer must notify the customer of the status of the review as soon as practicable after the expiration of that period.

(5)The initiation of a review does not remove the requirement for the customer to pay future bills as they fall due.

28.Energy data checking

(1)If a customer, after receiving a bill, requests that the energy data be checked or the meter be tested, the retailer must arrange for a check of the energy data or testing of the meter (as the case requires).

(2)The customer may be required to pay the retailer’s reasonable charge for a check or testing under subclause (1).

(3)If the energy data is checked and found to be incorrect or the meter is tested and found to be defective, the retailer must refund any payment made under subclause (2).

Division 6 — Undercharging and overcharging

29.Undercharging

(1)If a retailer proposes to recover an amount that has been undercharged, the retailer must —

(a)limit the amount to be recovered to no more than the amount undercharged in the 12 months before the date on which the retailer notified the customer of the undercharging; and

(b)notify the customer of the amount to be recovered no later than the next bill after the retailer becomes aware of the undercharging, and provide an explanation of the basis on which the amount was calculated; and

(c)unless subclause (3) applies, not charge the customer interest on the amount to be recovered or require the customer to pay a late payment fee; and

(d)in the case of a residential customer — offer the customer time to pay the amount to be recovered by means of a payment plan in accordance with clause 43 for a period at least equal to the period over which the recoverable undercharging occurred.

(2)Subclause (1)(a), (c) and (d) do not apply if the undercharging has occurred because the customer has denied access to the meter at the supply address for more than 12 months.

(3)If, after notifying a customer of the amount to be recovered in accordance with subclause (1)(b), the customer fails to pay the amount by the due date and does not enter into a payment plan under subclause (1)(d) (if that subclause applies), a retailer may do either but not both of the following —

(a)charge the customer interest on the amount from the due date;

(b)require the customer to pay a late payment fee.

30.Overcharging

(1)If a customer (including a customer who has vacated the supply address) has been overcharged, the retailer must use its best endeavours to inform the customer of the amount overcharged within 10 business days after the retailer becomes aware of the overcharging and, subject to this clause, ask the customer for instructions as to whether the amount should be credited to —

(a)the customer’s next bill; or

(b)a bank account nominated by the customer.

(2)If a retailer receives instructions under subclause (1), the retailer must deal with the amount in accordance with the customer’s instructions within 12 business days after receiving the instructions.

(3)However, if a retailer does not receive instructions under subclause (1) within 5 business days after making the request, the retailer must use reasonable endeavours to credit the amount overcharged to the customer’s next bill.

(4)If a customer has been overcharged an amount that is less than $100, the retailer may credit the amount to the customer’s next bill instead of complying with subclause (1).

(5)No interest is payable on an amount that has been overcharged.

(6)Despite subclauses (1) to (5), if a customer has been overcharged and the customer owes a debt to the retailer, the retailer may, after giving notice to the customer, use the amount of the overcharge to set off the debt.

(7)Subclause (6) does not apply if the customer is a customer experiencing financial hardship.

(8)If there remains an amount in credit after a set‑off under subclause (6), the retailer must deal with the amount in accordance with subclauses (1) to (4) (depending on the amount that remains in credit).

Division 7 — Final bill

31.Request for final bill

(1)If a customer requests the retailer to arrange for the preparation and issue of a final bill for the customer’s supply address, the retailer must use its best endeavours to arrange for —

(a)a meter reading; and

(b)the preparation and issue of a final bill for the supply address in accordance with the customer’s request.

(2)Unless subclause (4) applies, if the customer’s account is in credit at the time of account closure, a retailer must, at the time of the final bill, ask the customer for instructions as to whether the amount of the credit should be transferred to —

(a)another account the customer has, or will have, with the retailer; or

(b)a bank account nominated by the customer.

(3)The retailer must, in accordance with the customer’s instructions under subclause (2), transfer the amount of the credit within —

(a)12 business days after receiving the instructions; or

(b)another period agreed with the customer.

(4)If a customer’s account is in credit at the time of account closure and the customer owes a debt to the retailer, the retailer may, after giving notice to the customer, use the credit to set off the debt.

(5)If, after a set‑off under subclause (4), there remains an amount of credit, the retailer must deal with the amount in accordance with subclauses (2) and (3).

Division 8 — Providing bills under standard form contracts

32.Provision of bills

(1)A retailer must allow a customer who has entered into a standard form contract to choose to receive bills —

(a)by post as paper bills; or

(b)by email sent to an email address provided by the customer.

(2)Subclause (1) applies despite any other arrangement or agreement that may be in place between the retailer and the customer in relation to paying bills.

Part 5  Payment

33.Payment date

The date by which a bill must be paid must be not earlier than 12 business days from the bill issue date.

34.Payment methods

(1)A retailer must accept payment for a bill in the following ways —

(a)in person at 1 or more payment outlets located within the local government district of the customer’s supply address;

(b)by telephone;

(c)by post;

(d)for Centrelink customers — by Centrepay;

(e)by electronic funds transfer.

(2)This clause does not limit any other method for the payment of a bill that may be agreed between the retailer and the customer, including the option of payment by direct debit.

35.Payment in advance

(1)Subject to this clause, a retailer must accept payment in advance from a customer.

(2)A retailer is not required to credit interest to an amount paid in advance.

(3)The amount of $20 is the minimum amount that a retailer is required to accept as a payment in advance from a customer (although the retailer may accept a lower amount if it thinks fit).

(4)A retailer may determine an amount (a maximum credit amount) that a customer’s account may be in credit.

(5)A maximum credit amount must not be less than $100.

(6)If a retailer determines a maximum credit amount, the retailer must publish the maximum credit amount on its website.

(7)A retailer is not obliged to accept payment in advance if the customer’s account is in credit for more than the maximum credit amount.

(8)If a customer’s account is in credit for more than the maximum credit amount, the retailer may refund any amount in excess of the maximum credit amount to the customer at any time.

36.Redirection of bills

A retailer must redirect a customer’s bill to a different address (including to an email address or a different email address) on the customer’s request and at no charge.

37.Late payment fee

(1)A retailer must not charge a residential customer a late payment fee in connection with the payment of a bill if —

(a)the customer receives a concession, unless the customer has received 2 or more reminder notices within the previous 12 months; or

(b)the customer and the retailer have agreed to —

(i)the customer being given additional time to pay a bill under Part 6, and the customer pays the bill by the new due date; or

(ii)a payment plan under Part 6, and the customer is making payments in accordance with the payment plan;

or

(c)subject to subclause (2), the customer has made a complaint directly related to the non‑payment of the bill to the retailer or the electricity industry ombudsman and —

(i)if the complaint has been made to the retailer — the complaint has not been resolved by the retailer, or the complaint has been resolved by the retailer in favour of the customer; or

(ii)if the complaint has been made to the electricity industry ombudsman — the complaint has not been determined, or has been upheld by the electricity industry ombudsman;

or

(d)the customer is a customer experiencing financial hardship.

(2)If a retailer has charged a late payment fee in the circumstances set out in subclause (1)(c)(ii) because the retailer was not aware of the complaint, the retailer does not contravene subclause (1)(c)(ii) but must refund the late payment fee on the customer’s next bill (unless a fee is payable under subclause (3)).

(3)If a complaint referred to in subclause (1)(c) is not resolved in favour of the customer, any late payment fee must be calculated from the date of the retailer’s or the electricity industry ombudsman’s decision (as the case may be).

(4)If a retailer has charged a residential customer a late payment fee, the retailer must not charge an additional late payment fee in relation to the same bill within 5 business days after the day on which the customer receives the previous late payment fee notice.

(5)A retailer must not charge a residential customer more than 2 late payment fees in relation to the same bill or more than 12 late payment fees in a 12‑month period.

(6)If a residential customer has been assessed as a customer experiencing financial hardship, a retailer must retrospectively waive any late payment fee charged under the customer’s last bill before the assessment was made.

38.Vacating supply address

(1)Except as set out in this clause, if a customer gives notice and vacates the supply address within the time specified in the notice, the retailer must not require the customer to pay for electricity consumed at the customer’s supply address from —

(a)if the customer gave at least 5 days’ notice — the date on which the customer vacated the supply address; or

(b)in any other case — 5 days after the customer gave notice.

(2)If a customer reasonably demonstrates to a retailer that the customer was evicted or otherwise required to vacate the supply address, the retailer must not require the customer to pay for electricity consumed at the customer’s supply address from the date on which the customer gave the retailer notice.

(3)For the purposes of subclauses (1) and (2), notice is given if a customer —

(a)informs a retailer of the date on which the customer intends to vacate, or has vacated, the supply address; and

(b)gives the retailer a forwarding address (which may be an email address) to which a final bill may be sent.

(4)Despite subclauses (1) and (2) —

(a)if the retailer and a new customer enter into a contract for the supply address, the retailer must not require the previous customer to pay for electricity consumed at the supply address from the date on which the contract with the new customer becomes effective; and

(b)if a new retailer becomes responsible for the supply of electricity to the supply address, the previous retailer must not require the customer to pay for electricity consumed at the supply address from the date on which the new retailer becomes responsible.

(5)Despite subclauses (1), (2) and (4), a retailer’s right to payment does not terminate in relation to any amount that was due up until the termination of the contract.

39.Debt collection

(1)A retailer must not commence proceedings for recovery of a debt —

(a)from a residential customer who has informed the retailer in accordance with clause 40 that the customer is experiencing payment problems, unless and until the retailer has complied with all the requirements of clause 40 and (if applicable) clause 41(3); and

(b)while a residential customer continues to make payments under an alternative payment arrangement under Part 6.

(2)A retailer must not recover or attempt to recover a debt relating to a supply address from a person other than a customer with whom the retailer has or had entered into a contract for the supply of electricity to that customer’s supply address.

(3)If a customer with a debt owing to a retailer requests the retailer to transfer the debt to another customer, the retailer may transfer the debt to the other customer if the retailer obtains the other customer’s verifiable consent to the transfer.

Part 6 — Payment assistance

Division 1 — Assessment of financial situation

40.Assessment

(1)Unless subclause (2) or (5) applies, if a residential customer informs a retailer that the customer is experiencing payment problems, the retailer must, within 5 business days, assess whether the customer is experiencing financial hardship.

(2)If a residential customer provides a retailer with an assessment from a relevant consumer representative the retailer may adopt that assessment as its own assessment for the purposes of subclause (1).

(3)When undertaking the assessment required by subclause (1) the retailer must give reasonable consideration to —

(a)information —

(i)given by the residential customer; and

(ii)requested or held by the retailer;

or

(b)advice given by a relevant consumer representative (if any).

(4)A retailer must, on request, advise a residential customer of the outcome of an assessment, including the reasons for the outcome of the assessment, under subclause (1).

(5)A retailer is not required to undertake an assessment under subclause (1) if the retailer has previously undertaken an assessment in relation to the customer unless the customer has indicated that there has been a change in their circumstances since that previous assessment.

Division 2 — Payment assistance

41.Payment assistance

(1)Subject to this Division, a retailer must make the following available to residential customers —

(a)additional time to pay a bill;

(b)a payment plan for the amount owing.

(2)However, a customer is only entitled to select 1 option under subclause (1) once per bill.

(3)A retailer must offer a residential customer who is assessed as experiencing financial hardship at least the following (without the need for the customer to make a request) —

(a)a payment plan;

(b)assistance in accordance with clause 45.

42.Limits to payment extensions

If a residential customer has, in the previous 12 months, on at least 2 occasions, failed to pay a bill within a period of additional time made available under clause 41(1)(a), a retailer is not required to offer the customer additional time under clause 41(1)(a).

43.Payment plans

(1)A retailer must ensure that a payment plan for a residential customer is fair and reasonable, taking into account —

(a)information about the customer’s capacity to pay; and

(b)the amount of any arrears payable by the customer to date.

(2)A retailer must, in relation to a residential customer for whom a payment plan is being considered, offer the customer assistance to manage their bills for ongoing consumption during the period of the payment plan.

Examples for this subclause:

A retailer may offer to assist a residential customer:

(a)by estimating the customer’s consumption over the period of the plan and building this into any repayment schedule at the start of the plan; or

(b)by giving consideration to rolling new bills into the plan as time progresses.

(3)If a residential customer has, in the previous 12 months, had 2 payment plans cancelled due to non‑payment, a retailer is not required to offer the customer another payment plan under this Division unless the retailer is satisfied that the customer will comply with the payment plan.

(4)For the purposes of subclause (3), cancellation does not include the variation of a payment plan under clause 44.

(5)If a residential customer accepts a payment plan, the retailer must, within 5 business days after the customer accepts the payment plan, provide the customer with information in writing that specifies —

(a)the terms of the payment plan, including the number of payments, the amount of each payment, when each payment must be made and how the payments are calculated; and

(b)the consequences of not complying with the payment plan; and

(c)the importance of making contact with the retailer to ask for further assistance if the customer cannot comply with, or continue to comply with, the payment plan.

(6)However, the retailer is not required to comply with subclause (5) if the retailer has provided to the customer the information referred to in that subclause within the preceding 12 months.

44.Variation of payment plans

(1)A retailer must review a payment plan at the request of a residential customer.

(2)A retailer is not required to undertake a review under subclause (1) on more than 2 occasions in any 12‑month period (but may agree to undertake 1 or more additional reviews if the retailer thinks fit).

(3)The retailer must offer to vary a payment plan if a review under subclause (1) indicates that the customer is unable to meet obligations under the payment plan.

(4)The retailer must, within 5 business days after the customer accepts an offer to vary the payment plan, provide the customer with information that clearly explains, and assists the customer to understand, the variation.

(5)The retailer must not vary a payment plan without the customer’s agreement.

(6)An agreement under subclause (5) must relate to the particular variation rather than under a general agreement to future variations.

(7)Nothing in this clause prevents a retailer from cancelling a payment plan if the customer fails to comply with the payment plan.

Division 3 — Additional assistance available to residential customers experiencing financial hardship

45.Reductions of fees, charges or debt and provision of advice

(1)A retailer must give reasonable consideration to a request by a customer experiencing financial hardship, or a relevant consumer representative for the customer, for a reduction of the customer’s fees, charges or debt.

(2)In acting under subclause (1), a retailer must take into account its hardship policies and procedures under clause 46.

(3)A retailer must advise a customer experiencing financial hardship of the —

(a)customer’s right to have a bill redirected to a different address (including an email address) at no charge; and

(b)payment methods available to the customer; and

(c)concessions that may be available to the customer and how to access them; and

(d)different types of tariffs that may be available to the customer; and

(e)independent financial counselling services and relevant consumer representatives available to assist the customer; and

(f)availability of any other financial assistance offered by the retailer, and how to access this assistance.

46.Hardship policy and hardship procedures

(1)A retailer must develop, maintain and implement a hardship policy and hardship procedures to assist customers experiencing financial hardship to meet their financial obligations and responsibilities to the retailer.

(2)The hardship policy must —

(a)include a statement encouraging customers to contact the retailer if they are experiencing problems paying their bill; and

(b)include a statement advising that the retailer will treat all customers sensitively and respectfully; and

(c)include a statement that the retailer may reduce or waive fees, charges or debt; and

(d)include an objective set of hardship indicators; and

(e)include —

(i)an overview of the payment and other assistance available to customers under this Part (other than the retailer’s requirement to advise the customer of the ability to pay in advance and the matters referred to in clause 45(3)(a), (b) and (d)); and

(ii)a statement that the retailer offers residential customers the right to pay their bill by Centrepay; and

(iii)a statement that the retailer is able to provide further details on request;

and

(f)include an overview of any concessions that may be available to the retailer’s customers; and

(g)include —

(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;

and

(h)for printed copies of the hardship policy — be available in large‑print copies; and

(i)include a statement specifying how the retailer will treat information disclosed by the customer to the retailer and information held by the retailer in relation to the customer.

(3)The hardship procedures must —

(a)provide for the training of staff (including call centre staff, field officers and all subcontractors employed to engage with customers experiencing financial hardship) about issues related to financial hardship and its impacts, and how to deal sensitively and respectfully with customers experiencing financial hardship; and

(b)include guidance —

(i)that assists the retailer in identifying residential customers who are experiencing financial hardship; and

(ii)that assists the retailer in determining a residential customer’s usage needs and capacity to pay when determining the terms of a payment plan; and

(iii)about the suspension of disconnection and debt recovery procedures; and

(iv)about the reduction or waiver of fees, charges or debt; and

(v)about the recovery of debt;

and

(c)require that the retailer’s credit management staff have a direct telephone number and that the number be provided to relevant consumer representatives.

(4)A retailer must consult with relevant consumer representatives whenever the retailer is —

(a)developing a hardship policy or hardship procedures; or

(b)making a material amendment to its hardship policy.

(5)A retailer must —

(a)provide a copy of its hardship policy to the Authority; and

(b)provide a copy of the amended policy to the Authority if it makes a material amendment to the policy.

(6)If directed by the Authority, a retailer must, within a period specified by the Authority —

(a)review its hardship policy or hardship procedures; and

(b)consult with relevant consumer representatives for the purposes of the review; and

(c)submit the results of the review to the Authority.

Division 4 — Business customers experiencing payment difficulties

47.Alternative payment arrangements

A retailer must consider any reasonable request for alternative payment arrangements from a business customer who is experiencing payment difficulties.

Part 7 — Disconnection

Division 1 — Conduct in relation to disconnection

Subdivision 1 — Disconnection for failure to pay bill

48.General requirements

(1)Before arranging for the disconnection of a customer’s supply address for failure to pay a bill, a retailer must —

(a)not less than 15 business days from the bill issue date, give to the customer a written notice (a reminder notice) that sets out —

(i)the retailer’s telephone number for billing and payment enquiries; and

(ii)how the retailer may assist if the customer is experiencing problems paying the bill;

and

(b)use its best endeavours to contact the customer to advise of the proposed disconnection; and

(c)give the customer a disconnection warning, not less than 20 business days from the bill issue date, advising the customer —

(i)that the retailer may disconnect the customer’s supply address with at least 5 business days’ notice to the customer; and

(ii)of the existence and operation of complaint handling processes, including the existence and operation of the electricity industry ombudsman and the contact details for the electricity industry ombudsman.

(2)For the purposes of subclause (1), a customer has failed to pay a bill if the customer has not —

(a)paid the bill by the due date; or

(b)agreed with the retailer to an offer of a payment plan or other payment arrangement to pay the bill; or

(c)adhered to the customer’s obligation to make payments in accordance with an agreed payment plan or other payment arrangement relating to the payment of the bill.

49.Limitations on disconnection for failure to pay bill

Despite clause 48, a retailer must not arrange for the disconnection of a customer’s supply address for failure to pay a bill —

(a)within 1 business day after the expiry of the period referred to in the disconnection warning; or

(b)if the customer is adhering to the customer’s obligation to make payments in accordance with an agreed payment plan or other payment arrangement relating to the payment of the bill; or

(c)if —

(i)the customer is a residential customer; and

(ii)the outstanding amount is less than $300; and

(iii)the customer contacts and agrees with the retailer to pay this amount;

or

(d)if the customer informs the retailer, or the retailer is otherwise aware, that the customer has applied for a concession and a decision on the application has not been made; or

(e)if the amount the customer fails to pay does not relate to the supply of electricity; or

(f)if the bill does not relate to the supply address, other than if the bill relates to a supply address previously occupied by the customer.

50.Dual fuel contracts

(1)This clause applies if a retailer and a residential customer have entered into —

(a)a dual fuel contract; or

(b)separate contracts for the supply of electricity and the supply of gas, under which —

(i)a single bill for energy is issued to the customer; or

(ii)separate, simultaneous bills for electricity and gas are issued to the customer.

(2)The retailer must not arrange for disconnection of the customer’s supply address for failure to pay a bill within 15 business days from the date of disconnection of the customer’s gas supply.

Subdivision 2 — Disconnection for denying access to meter

51.Disconnection for denying access to meter

(1)Subclause (2) applies if, for at least 9 consecutive months, a customer does not provide the retailer or distributor (or a representative of the retailer or distributor) safe access to the customer’s supply address for the purposes of reading a meter at the supply address.

(2)If this subclause applies, the retailer may arrange for the disconnection of the customer’s supply address if —

(a)the retailer, on at least 1 occasion, gives the customer written notice —

(i)giving at least 5 business days’ notice of a date on which, or a timeframe during which, the customer is requested to provide safe access to the supply address in order for the retailer or distributor (or a representative) to gain access to the meter; and

(ii)if appropriate, informing the customer of the availability of alternative meters that are suitable to the customer’s supply address; and

(iii)advising the customer of the retailer’s ability to arrange for disconnection if the customer fails to provide safe access to the meter in accordance with the requirements of the notice or by providing reasonable alternative access arrangements;

and

(b)the customer fails to provide safe access in accordance with the requirements of the notice, or reasonable alternative access arrangements within a reasonable time after notice is given under paragraph (a); and

(c)the retailer uses its best endeavours to contact the customer to advise of the proposed disconnection on account of that failure; and

(d)the retailer gives the customer a disconnection warning with at least 5 business days’ notice of its intention to arrange for disconnection.

(3)Subclause (4) applies if a customer has not provided the retailer or distributor (or a representative of the retailer or distributor) safe access to the customer’s supply address for the purposes of —

(a)testing, maintaining, inspecting, altering or replacing a meter at the supply address; or

(b)checking the accuracy of the customer’s consumption at the supply address.

(4)If this subclause applies, the retailer may arrange for the disconnection of the customer’s supply address if —

(a)the retailer, on at least 1 occasion, gives the customer written notice —

(i)stating the matter giving rise to the potential disconnection of the supply address; and

(ii)giving at least 5 business days’ notice of a date on which, or a timeframe during which, the customer is requested to provide safe access to the supply address; and

(iii)advising the customer of the retailer’s ability to arrange for disconnection if the customer fails to provide safe access in accordance with the requirements of the notice or by providing reasonable alternative access arrangements;

and

(b)the customer fails to provide safe access in accordance with the requirements of the notice, or reasonable alternative access arrangements within a reasonable time after notice is given under paragraph (a).

Division 2 — Limits on disconnection

52.General limits on disconnection

(1)Unless subclause (3) applies, a retailer must not arrange for the disconnection of a customer’s supply address if —

(a)the customer makes a complaint to the retailer that is directly related to the reason for the proposed disconnection and the complaint has not been resolved by the retailer; or

(b)the retailer is notified by the distributor, electricity industry ombudsman or an external dispute resolution body that the customer has made a complaint that is directly related to the reason for the proposed disconnection and the complaint has not been resolved by the distributor or determined by the electricity industry ombudsman or external dispute resolution body (as the case may be); or

(c)the supply address is a life support equipment address.

(2)Unless subclause (3) applies, a distributor must not disconnect a customer’s supply address —

(a)if —

(i)the customer has made a complaint to the distributor that is directly related to the reason for the proposed disconnection and the complaint has not been resolved by the distributor; or

(ii)the distributor has been notified by a retailer, the electricity industry ombudsman or an external dispute resolution body that the customer has made a complaint that is directly related to the reason for the proposed disconnection and the complaint has not been resolved by the retailer or determined by the electricity industry ombudsman or external dispute resolution body (as the case may be);

or

(b)if the supply address is a life support equipment address; or

(c)during a protected period unless —

(i)the customer is a business customer; and

(ii)the business customer’s normal trading hours fall within a protected period and do not fall within any other period; and

(iii)it is not practicable for the distributor to disconnect the supply address at any other time.

(3)Subclauses (1) and (2) do not apply if —

(a)the disconnection is requested by the customer; or

(b)there is a health or safety reason warranting the disconnection; or

(c)there is an emergency warranting disconnection; or

(d)electricity has been illegally consumed at the supply address.

Part 8  Reconnection

53.Obligation on retailer to arrange reconnection

(1)This clause applies if —

(a)a customer’s supply address has been disconnected by, or at the request of, a retailer; and

(b)the customer has —

(i)if relevant, rectified the matter that led to the disconnection or made arrangements to the satisfaction of the retailer; and

(ii)made a request for reconnection; and

(iii)paid the retailer’s charge for reconnection (if any), or entered into a payment plan for those charges.

(2)The retailer must arrange for the customer’s supply address to be reconnected.

(3)For the purposes of subclause (2), the retailer must forward the customer’s request for reconnection to the distributor —

(a)if the request is received before 3 pm on a business day — on that same day; or

(b)if the request is received on or after 3 pm on a business day or on a Saturday, a Sunday or a public holiday throughout the State  — no later than 3 pm on the next business day.

(4)Alternatively, a retailer may cause the customer’s supply address to be reconnected within the timeframes that apply under clause 54(4)(a) or (b).

54.Obligation on distributor to reconnect supply address

(1)A distributor must reconnect a customer’s supply address if —

(a)the supply address was disconnected by the distributor at the request of the retailer; and

(b)the retailer forwards the customer’s request for reconnection to the distributor under clause 53.

(2)Subclause (3) applies if —

(a)a customer’s supply address has been disconnected by a distributor otherwise than at the request of a retailer; and

(b)the customer —

(i)if relevant, rectifies the matter that led to the disconnection; and

(ii)makes a request for reconnection; and

(iii)pays the distributor’s charge for reconnection (if any).

(3)The distributor must reconnect the customer’s supply address.

(4)For the purposes of subclauses (1) and (3), a distributor must reconnect a customer’s supply address —

(a)if the supply address is located within the metropolitan area —

(i)if the request is received before 3 pm on a business day — within 1 business day after receipt of the relevant request; and

(ii)if the request is received on or after 3 pm on a business day or on a Saturday, a Sunday or a public holiday throughout the State — within 2 business days after receipt of the relevant request;

or

(b)if the supply address is located within a regional area —

(i)if the request is received before 3 pm on a business day — within 5 business days after receipt of the relevant request; and

(ii)if the request is received on or after 3 pm on a business day, or on a Saturday, a Sunday or a public holiday throughout the State — within 6 business days after receipt of the relevant request.

(5)Subclause (4) does not apply in the case of an emergency.

Part 9  Pre‑payment meters

55.Application

The following provisions do not apply to a pre‑payment meter customer —

(a)clauses 9(2) and 10(3);

(b)Parts 4, 5, 7, 8 and 11;

(c)Part 6 (other than clause 46);

(d)clause 72.

56.Operation of pre‑payment meter

(1)A retailer must not provide a pre‑payment meter service at a residential customer’s supply address without the verifiable consent of the customer or the customer’s nominated representative.

(2)A retailer must establish an account for each pre‑payment meter operating at a residential customer’s supply address.

(3)Subject to any applicable law, a retailer is not obliged to offer a pre‑payment meter service to a customer.

57.Provision of information

(1)A retailer must, on request by a residential customer, provide at no charge and in clear, simple and concise language the following information in relation to the use of a pre‑payment meter —

(a)all applicable tariffs, fees and charges payable by the customer and the basis for the calculation of those charges;

(b)the tariffs, fees and charges applicable to the pre‑payment meter service relative to relevant tariffs, fees and charges that would apply to the customer if no pre‑payment meter was operating at the customer’s supply address;

(c)the retailer’s charges, or its best estimate of those charges, to replace the pre‑payment meter with a standard meter or to switch the pre‑payment meter to a standard meter;

(d)how the pre‑payment meter is operated;

(e)how the customer may recharge the pre‑payment meter (including details of cost, location and business hours of recharge facilities);

(f)the emergency credit facilities applicable to the pre‑payment meter;

(g)how credit may be retrieved.

(2)No later than 10 business days after a residential customer enters into a pre‑payment meter contract at the customer’s supply address, a retailer must give or make available to the customer at no charge —

(a)the information specified in subclause (1); and

(b)a copy of the contract; and

(c)information on the availability and scope of this code and the requirement that retailers, distributors and electricity marketing agents comply with this code; and

(d)a meter identification number for the meter; and

(e)a telephone number for enquiries; and

(f)a telephone number for complaints; and

(g)the distributor’s 24‑hour telephone number for faults and emergencies; and

(h)confirmation of the supply address and any relevant mailing address; and

(i)details of any concessions the customer may be eligible to receive; and

(j)the amount of any concessions to be given to the customer; and

(k)the telephone number for interpreter services, identified by the National Interpreter Symbol; and

(l)the telephone number (or numbers) for services that can assist customers with a speech or hearing impairment; and

(m)a statement setting out how the retailer may assist in the event the customer is experiencing difficulties paying for their consumption; and

(n)a statement setting out how to make an enquiry of, or complaint to, the retailer; and

(o)the contact details for the electricity industry ombudsman; and

(p)general information on the safe use of electricity; and

(q)details of the initial recharge facilities available to the customer; and

(r)the date of the expiry of the customer’s right to revert to a standard meter at no charge; and

(s)a statement setting out the options available to the customer if the customer replaces the pre‑payment meter with a standard meter or switches the pre‑payment meter to a standard meter.

(3)A retailer must ensure that the following information is shown on or directly adjacent to a residential customer’s pre‑payment meter —

(a)the positive or negative balance of the pre‑payment meter within $1 of the actual balance;

(b)whether the pre‑payment meter is operating on normal credit or emergency credit;

(c)a telephone number for enquiries;

(d)the distributor’s 24‑hour telephone number for faults and emergencies.

(4)A retailer must give a pre‑payment meter customer on request, at no charge, the following information for the previous 2 years or for the period since the commencement of the pre‑payment meter contract (whichever is the shorter), divided into quarterly segments —

(a)total energy consumption;

(b)average daily consumption;

(c)average daily cost of consumption.

(5)A retailer must, within 10 business days after the change, use reasonable endeavours to notify a pre‑payment meter customer in writing if the recharge facilities available to the residential customer change from the initial recharge facilities referred to in subclause (2)(q).

(6)The information to be provided under this clause, other than the information in subclause (3), may be provided in writing to a pre‑payment meter customer at —

(a)the customer’s supply address; or

(b)another address nominated by the customer; or

(c)an email address nominated by the customer.

58.Reversion

(1)If a pre‑payment meter customer requests the retailer to replace the pre‑payment meter with a standard meter, within 1 business day after the request the retailer must arrange with the distributor to replace the pre‑payment meter with a standard meter or switch the pre‑payment meter to a standard meter.

(2)A retailer must not charge a fee for reversion to a standard meter if a pre‑payment meter customer is a residential customer and the customer makes a request under subclause (1) within 3 months after the later of —

(a)the day on which the pre‑payment meter is installed; or

(b)the date on which the customer entered into the pre‑payment meter contract.

(3)If a pre‑payment meter customer makes a request under subclause (1) after the end of the period calculated in accordance with subclause (2), a retailer may charge the customer a reasonable fee for the reversion.

(4)The retailer’s obligations under subclause (1) —

(a)if the pre‑payment meter customer is a residential pre‑payment meter customer — are not conditional on the customer paying the retailer’s fee for reversion to a standard meter (if any); or

(b)otherwise — may be made conditional on the pre‑payment meter customer paying the retailer’s fee for reversion to a standard meter (if any).

(5)If a retailer requests a distributor to revert a pre‑payment meter after a request under subclause (1), the distributor must revert the pre‑payment meter —

(a)if the supply address is located within the metropolitan area — within 5 business days after receipt of the request; or

(b)if the supply address is located within a regional area — within 10 business days after receipt of the request.

59.Life support equipment

(1)If a pre‑payment meter customer provides a retailer with confirmation from an appropriately qualified medical practitioner that a person residing at the customer’s supply address requires life support equipment, the retailer must not provide a pre‑payment meter service at that supply address and the retailer must, or must immediately arrange to —

(a)remove or render non‑operational the pre‑payment meter at no charge; and

(b)replace the pre‑payment meter with a standard meter, or switch the pre‑payment meter to a standard meter, at no charge; and

(c)provide information to the customer about the contract options available to the customer.

(2)If a retailer requests a distributor to revert a pre‑payment meter under subclause (1)(b), the distributor must revert the pre‑payment meter at that supply address as soon as possible and in any event no later than —

(a)if the supply address is located within the metropolitan area —

(i)if the request is received before 3 pm on a business day — within 1 business day after receipt of the request; and

(ii)if the request is received on or after 3 pm on a business day or on a Saturday, a Sunday or a public holiday throughout the State — within 2 business days after receipt of the request;

or

(b)if the supply address is located within a regional area —

(i)if the request is received before 3 pm on a business day — within 9 business days after receipt of the request; and

(ii)if the request is received on or after 3 pm on a business day, or on a Saturday, a Sunday or a public holiday throughout the State — within 10 business days after receipt of the request.

60.Requirements for pre‑payment meters

(1)A retailer must ensure that a pre‑payment meter customer has access to an amount of emergency credit of $20 outside of normal business hours.

(2)The following provisions apply in relation to a retailer’s ability to de‑energise a pre‑payment meter —

(a)if the pre‑payment meter has run out of credit (disregarding any emergency credit), the meter may be de‑energised during normal business hours;

(b)if the pre‑payment meter has run out of credit and any emergency credit, the meter may be de‑energised at any time.

(3)If a pre‑payment meter has been de‑energised and the customer makes a payment to their account that results in an amount of credit in excess of emergency credit, the retailer must re‑energise the meter.

(4)A retailer is not required to re‑energise a pre‑payment meter if the only credit that the customer has is emergency credit.

(5)A retailer must ensure that a pre‑payment meter service —

(a)is capable of providing the following information to the retailer at least once in every month —

(i)the number of instances in which a pre‑payment meter customer has been disconnected;

(ii)the duration of each of those disconnections;

and

(b)subject to subclauses (3) and (4), recommences supply as soon as information is communicated to the pre‑payment meter that a payment to the account has been made.

61.Recharge facilities

A retailer must ensure that —

(a)at least 1 physical recharge facility is located as close as practicable to a pre‑payment meter; and

(b)a pre‑payment meter customer can access a recharge facility at least 3 hours per day, 5 days per week; and

(c)it uses its best endeavours to ensure that a pre‑payment meter customer can access a recharge facility for periods greater than required under paragraph (b); and

(d)the minimum amount to be credited by a recharge facility does not exceed $20 per increment.

62.Concessions

If a pre‑payment meter customer demonstrates to a retailer that the customer is entitled to receive a concession, the retailer must ensure that the customer receives the concession.

63.Meter check or test

(1)If a pre‑payment meter customer requests that the whole or part of a pre‑payment meter be checked or tested, a retailer must make immediate arrangements to do 1 or more of the following —

(a)check the customer’s metering data;

(b)check or conduct a test of the pre‑payment meter;

(c)arrange for a check or test by the responsible person for the meter installation at the customer’s connection point.

(2)If a retailer requests a distributor to check or test a pre‑payment meter under subclause (1)(c), the distributor must check or test the pre‑payment meter.

(3)A pre‑payment meter customer who requests a check or test of a pre‑payment meter under subclause (1) must pay a retailer’s reasonable charge for checking or testing the pre‑payment meter (if any).

(4)If a pre‑payment meter is found to be inaccurate or not operating correctly following a check or test undertaken in accordance with subclause (1), a retailer must —

(a)immediately arrange for the repair or replacement of the faulty pre‑payment meter; and

(b)correct any overcharging or undercharging in accordance with clause 65; and

(c)refund any charges paid by the pre‑payment meter customer under this clause for the checking or testing of the pre‑payment meter.

64.Credit retrieval

If a pre‑payment meter customer notifies a retailer of a proposed vacation date, the retailer must ensure that the customer can retrieve all remaining credit at the time the customer vacates the supply address.

65.Overcharging and undercharging

(1)If a pre‑payment meter customer (including a pre‑payment meter customer who has vacated the supply address) has been overcharged an amount as a result of an act or omission of the retailer or distributor (including as a result of a defective pre‑payment meter), the retailer must —

(a)use its best endeavours to inform the customer accordingly within 10 business days after the retailer becomes aware of the overcharge; and

(b)ask the customer for instructions as to whether the amount should be —

(i)credited to the customer’s account; or

(ii)repaid to the customer.

(2)If the retailer receives instructions from the customer in response to a request under subclause (1), the retailer must credit or pay the amount in accordance with the customer’s instructions within 12 business days after receiving the instructions.

(3)If the retailer does not receive instructions from the customer under subclause (1) within 20 business days after making the request for instructions, the retailer must use reasonable endeavours to credit the amount to the customer’s account.

(4)If the amount referred to in subclause (1) is less than $100, the retailer may credit the amount to the customer’s account instead of complying with subclause (1).

(5)No interest is payable on an amount that has been overcharged.

(6)If a retailer proposes to recover from a pre‑payment meter customer an amount undercharged as a result of an act or omission by the retailer or distributor (including as a result of a defective pre‑payment meter), the retailer must —

(a)limit the amount to be recovered to no more than the amount undercharged in the 12 months before the date on which the retailer notifies the pre‑payment meter customer that undercharging has occurred; and

(b)list the amount to be recovered as a separate item in a special bill, together with an explanation of that amount; and

(c)not charge the pre‑payment meter customer interest on that amount or require the pre‑payment meter customer to pay a late payment fee; and

(d)offer the pre‑payment meter customer time to pay that amount by means of a payment plan covering a period at least equal to the period over which the recoverable undercharging occurred.

66.Assistance for customers experiencing payment problems

(1)This clause applies if —

(a)a residential pre‑payment meter customer informs a retailer that the customer is experiencing difficulties paying for their consumption; or

(b)a retailer identifies that a residential pre‑payment meter customer has been disconnected 2 or more times in any 1‑month period for longer than 120 minutes on each occasion.

(2)The retailer must, as soon as is reasonably practicable, use its best endeavours to provide the following information to the customer —

(a)information about the different types of meters available to the customer;

(b)information about any concessions that may be available to the customer and how to access them;

(c)information about relevant financial assistance programs;

(d)information about how to contact relevant consumer representatives;

(e)information about independent financial and other relevant counselling services.

(3)The retailer must, on the request of the customer, provide the information referred to in subclause (2) in writing.

(4)However, if subclause (1)(b) applies, the retailer is not required to comply with subclause (2) if the retailer has provided the information referred to in that subclause within the preceding 12 months.

(5)The retailer must give reasonable consideration to a request by the customer, or a relevant consumer representative for the customer, for a reduction of the customer’s fees, charges or debt.

(6)This clause applies to a retailer in addition to any obligation under clause 46.

67.Waiver of fee for customers experiencing payment problems or affected by family violence

(1)This clause applies if a residential pre‑payment meter customer, or a relevant consumer representative acting on behalf of a residential pre‑payment meter customer —

(a)informs a retailer that the customer is —

(i)experiencing difficulties paying for the customer’s consumption; or

(ii)affected by family violence;

and

(b)requests that the pre‑payment meter be replaced by a standard meter.

(2)The retailer must not charge a fee to replace the pre‑payment meter with a standard meter.

Part 10 — Information and communication

Division 1 — Obligations for retailers

68.General information

(1)A retailer must publish on its website —

(a)the following information about concessions —

(i)the type of concessions available to customers;

(ii)the name and contact details of the organisation responsible for administering those concessions (if the retailer is not responsible for doing this);

and

(b)the following information about energy efficiency —

(i)cost‑effective and efficient ways to utilise electricity;

(ii)the typical running costs of major domestic electrical appliances;

and

(c)the retailer’s hardship policy; and

(d)the retailer’s family violence policy; and

(e)a summary of a customer’s rights, entitlements and obligations under the retailer’s standard complaints and dispute resolution procedures; and

(f)the contact details for the electricity industry ombudsman; and

(g)a copy of this code.

(2)The retailer is not required to publish a copy of this code under subclause (1)(g) if it instead provides an electronic link to a website where a copy of this code may be accessed.

(3)If a customer requests information of the kind referred to in subclause (1), the retailer must —

(a)refer the customer to the retailer’s website; or

(b)provide the information to the customer.

(4)If a customer requests a copy of information of the kind referred to in subclause (1), the retailer must provide a copy of the information to the customer.

(5)The information or a copy of the information requested under this clause must be provided without charge.

69.Information about tariffs, fees or charges

A retailer must give or make available to a customer on request, at no charge, reasonable information on the retailer’s tariffs, fees or charges, including any alternative tariffs that may be available to that customer.

70.Information about variations to tariffs, fees or charges: regulated prices

(1)This clause applies if a customer’s tariffs, fees or charges are regulated or set by the State Government.

(2)A retailer must give notice to a customer of any variation to its tariffs, fees or charges that affects the customer.

(3)The notice must be given no later than the next bill in the customer’s billing cycle.

71.Information about variations to tariffs, fees or charges: non‑regulated prices

(1)This clause applies if a customer’s tariffs, fees or charges are not regulated or set by the State Government.

(2)A retailer must give notice to a customer of any variation to its tariffs, fees or charges that affects the customer.

(3)The notice must be given at least 5 business days before the variation will come into effect.

(4)The notice must —

(a)specify that the customer’s tariffs, fees or charges are being varied; and

(b)specify the date on which the variation will come into effect; and

(c)identify the customer’s existing tariffs, fees or charges, inclusive of GST; and

(d)identify the customer’s tariffs, fees or charges as varied, inclusive of GST; and

(e)specify that the customer may request historical billing data.

(5)A retailer is not required to provide information under this clause —

(a)if the customer enters into the relevant contract with the retailer within 10 business days before the variation will come into effect and the retailer has already informed the customer of the variation; or

(b)for a tariff, fee or charge that continually varies in relation to the prevailing spot price for electricity; or

(c)for the variation of a tariff, fee or charge that is a direct result of a change to, or the withdrawal or expiry of, a concession; or

(d)for the variation of a tariff, fee or charge that is a direct result of a change to a bank charge or fee, to a credit card charge or fee, or to payment processing charges or fees that apply in relation to the customer; or

(e)if the variation of a tariff, fee or charge is a direct result of a benefit change and the retailer has already informed the customer of the change.

72.Historical billing data

(1)A retailer must give a non‑contestable customer on request the non‑contestable customer’s billing data.

(2)The retailer must give the billing data at no charge if a non‑contestable customer requests billing data —

(a)for a period less than the previous 2 years and no more than once a year; or

(b)in relation to a dispute with a retailer.

73.Service standard payments

A retailer must at least once a year give a customer written details of the retailer’s and distributor’s obligations to make payments to the customer under Part 14 or under any other written law including —

(a)the amount of the payment; and

(b)the eligibility criteria for the payment.

74.Distribution matters

If a customer asks a retailer for information relating to the distribution of electricity, the retailer must —

(a)give the information to the customer; or

(b)refer the customer to the distributor for a response.

Division 2 — Obligations for distributors

75.General information

(1)A distributor must publish on its website —

(a)a description of the distributor’s and customer’s respective rights and obligations concerning the provision of services by the distributor and a description of those services; and

(b)details of applicable connection and reconnection timeframes; and

(c)details of applicable connection and reconnection charges; and

(d)information relating to new connections or connection alterations; and

(e)general information on the safe use of electricity; and

(f)general information on quality of supply; and

(g)general information on reliability of supply; and

(h)information about how a customer may obtain information on distribution standards and metering arrangements that are relevant to the customer and —

(i)prescribed under the Act or the Electricity Act 1945; or

(ii)adopted by the distributor;

and

(i)a summary of a customer’s rights, entitlements and obligations under the distributor’s standard complaints and dispute resolution procedures; and

(j)the contact details for the electricity industry ombudsman; and

(k)a copy of this code.

(2)The distributor is not required to publish a copy of this code under subclause (1)(k) if it instead provides an electronic link to a website where a copy of this code may be accessed.

(3)If a customer requests information of the kind referred to in subclause (1), the distributor must —

(a)refer the customer to the distributor’s website; or

(b)provide the information to the customer.

(4)If a customer requests a copy of information of the kind referred to in subclause (1), the distributor must provide a copy of the information to the customer.

(5)The information or a copy of the information requested under this clause must be provided without charge.

76.Information about supply changes or interruptions

A distributor must give to a customer on request, at no charge —

(a)an explanation for any unplanned or approved change in the quality of supply of electricity to the customer’s supply address outside of the limits prescribed by law; and

(b)an explanation for any unplanned interruption of supply of electricity to the customer’s supply address.

Division 3 — Obligations for retailers and distributors

77.Written information must be easy to understand

(1)To the extent practicable, a retailer or distributor must ensure that any written information that must be given to a customer by the retailer or distributor under this code is —

(a)expressed in clear, simple and concise language; and

(b)in a format that makes it easy to understand.

(2)The obligation placed on a retailer under subclause (1) extends to written information that may be given to a customer by an electricity marketing agent acting on behalf of the retailer.

78.Special information needs

(1)A retailer and a distributor must make available to a residential customer on request, at no charge, services that assist the customer in understanding information provided by the retailer or distributor (including independent interpreter services and services for customers with a speech or hearing impairment, and large print copies).

(2)A retailer and, if appropriate, a distributor must include on a relevant document in relation to residential customers —

(a)the telephone number for interpreter services, identified by the National Interpreter Symbol; and

(b)the telephone number (or numbers) for services that can assist customers with a speech or hearing impairment.

(3)In subclause (2) —

relevant document means the following —

(a)a bill and bill‑related information (including, for example, the notice referred to in clause 20(3) and statements relating to a payment plan);

(b)a reminder notice;

(c)a disconnection warning.

79.Metering

(1)A distributor must advise a customer on request, at no charge, of the availability of different types of meters and their —

(a)suitability to the customer’s supply address; and

(b)purpose; and

(c)costs; and

(d)installation, operation and maintenance procedures.

(2)If a customer asks a retailer for information relating to the availability of different types of meters, the retailer must —

(a)give the information to the customer; or

(b)refer the customer to the distributor for a response.

Division 4 — Disconnection or interruption for emergencies

80.Disconnection or interruption for emergencies

If a distributor disconnects or interrupts a customer’s supply address for emergency reasons, the distributor must —

(a)provide an emergency telephone contact number (the charge of which will be no more than the cost of a local call (excluding mobile telephones)) through which the customer can obtain, on a 24‑hour basis, information on the nature of the emergency and an estimate of the time when the supply of electricity will be restored; and

(b)use its best endeavours to restore the supply of electricity to the customer’s supply address as soon as possible.

Part 11  Life support equipment scheme

81.Relevant standards

In this Part —

relevant standard —

(a)in relation to a step required to be taken by a retailer, means the step is taken —

(i)if a confirmation or notification is received before 3 pm on a business day — on the same day; or

(ii)if a confirmation or notification is received on or after 3 pm or on a Saturday, a Sunday or a public holiday throughout the State — no later than the next business day;

and

(b)in relation to a step required to be taken by a distributor, means the step is taken —

(i)if a notification is received before 3 pm on a business day — no later than the next business day; or

(ii)if a notification is received on or after 3 pm or on a Saturday, a Sunday or a public holiday throughout the State — within 2 business days after receipt of the notification.

82.Registration of life support equipment address: retailers

(1)Subclauses (2) and (3) apply if a customer provides a retailer with confirmation from an appropriately qualified medical practitioner that a person residing at the customer’s supply address requires life support equipment.

(2)The retailer must take the following steps in accordance with the relevant standard for a retailer —

(a)register the customer’s supply address as a life support equipment address;

(b)register a person’s contact details in relation to the supply address;

(c)provide the following to the distributor —

(i)a notification about the customer’s supply address being a life support equipment address;

(ii)the contact details registered under paragraph (b).

(3)The retailer must provide the following information in writing to the customer before, or within 5 days after, registering the customer’s supply address as a life support equipment address under subclause (2) —

(a)advice that there may be planned or unplanned interruptions to the supply of electricity to the supply address and that the distributor is required to provide a notification of a planned interruption in accordance with this code;

(b)a recommendation that the customer prepare a plan of action in case of an unplanned interruption;

(c)an emergency telephone contact number for the distributor and the retailer (the charge of which will be no more than the charge of a local call (excluding mobile telephones)).

(4)Subclause (5) applies if a customer for a supply address registered with a retailer under subclause (2) notifies the retailer —

(a)that the person residing at the customer’s supply address who requires life support equipment is changing supply address; or

(b)that the customer is changing supply address but the person who requires life support equipment is not changing supply address; or

(c)that there has been a change in contact details.

(5)The retailer must take the following steps in accordance with the relevant standard for a retailer —

(a)register the change;

(b)provide a notification to the distributor of the change.

(6)For the purposes of this clause, a person’s contact details are the following notified by the customer —

(a)a telephone number;

(b)an email address (if provided);

(c)a postal address.

83.Registration of life support equipment address: distributors

(1)This clause applies if the distributor is notified by a retailer —

(a)that a person residing at a customer’s supply address requires life support equipment; or

(b)that there has been a change of details or circumstances previously notified by the retailer.

(2)The distributor must take the following steps (as relevant) in accordance with the relevant standard for a distributor —

(a)register the customer’s supply address as a life support equipment address;

(b)update the details or circumstances previously notified by the retailer.

84.Interruption of supply

(1)A distributor must not undertake a planned interruption of the supply of electricity to a life support equipment address unless the distributor has —

(a)provided at least 3 business days’ written notice of the interruption to the customer or other nominated person —

(i)at the supply address; or

(ii)at another address nominated by the customer; or

(iii)by electronic communication;

and

(b)unless expressly requested by the customer or other nominated person not to do so, used its best endeavours to obtain acknowledgment from the customer, someone else residing at the supply address, or other nominated person, that the notice has been received.

(2)Subclause (1) does not apply if —

(a)the interruption is for the purpose of restoring the supply of electricity to a life support equipment address; or

(b)the distributor provides notice of a planned interruption that will affect a supply address under the Electricity Industry (Network Quality and Reliability of Supply) Code 2005 before the distributor registers the supply address as a life support equipment address under this Part.

(3)If subclause (2) applies, the distributor must use its best endeavours to contact the customer, or someone residing at the supply address, before the interruption occurs.

85.Periodic reviews

(1)A retailer must require a customer whose supply address is registered as a life support equipment address, by a notice given to the customer within the period beginning 3 months before, and ending 3 months after, each anniversary of the registration of a supply address under this Part —

(a)unless paragraph (b) applies — to confirm that a person residing at the customer’s supply address continues to require life support equipment; or

(b)in the case of every 3rd anniversary — to provide the retailer with confirmation from an appropriately qualified medical practitioner that a person residing at the customer’s supply address continues to require life support equipment.

(2)A notice under subclause (1) must —

(a)allow a customer at least 3 months to provide the confirmation required by the retailer; and

(b)warn the customer that —

(i)the customer’s supply address will be de‑registered as a life support equipment address if the customer fails to comply with the notice or if the customer notifies the retailer that a person residing at the supply address no longer requires life support equipment; and

(ii)if the supply address is de‑registered, the customer will no longer receive the protections provided by this code for life support equipment addresses.

86.De‑registration of address

(1)This clause applies if —

(a)a retailer is notified that a customer’s supply address no longer requires registration as a life support equipment address; or

(b)a customer fails to comply with a notice from a retailer under clause 85 in relation to a life support equipment address within the period allowed under clause 85(2)(a).

(2)If subclause (1)(a) applies, the retailer must de‑register the life support equipment address —

(a)if the notification is received before 3 pm on a business day — no later than the next business day; or

(b)if the notification is received on or after 3 pm or on a Saturday, a Sunday or a public holiday throughout the State — within 2 business days after receipt of the notification.

(3)If subclause (1)(b) applies, the retailer must —

(a)on at least 2 occasions, at least 10 business days apart, take reasonable steps to contact the customer to warn the customer that the life support equipment address may be de‑registered; and

(b)de‑register the supply address if the customer fails, in response to the steps taken under paragraph (a), to provide the confirmation required under clause 85(1).

(4)At least one of the steps under subclause (3)(a) must involve sending written correspondence by registered post to the customer’s supply address, and to any other address nominated by the customer.

(5)Subclause (4) does not apply if the notice to the customer under clause 85(1) was sent as written correspondence by registered post to the customer’s supply address, and to any other address nominated by the customer.

(6)A retailer must, when it de‑registers a life support equipment address, provide the customer’s distributor with a notification about the de‑registration as soon as practicable after taking that step but in any event within 3 business days.

(7)The distributor must de‑register the life support equipment address in accordance with the relevant standard for a distributor.

(8)Despite subclauses (1) to (7), a supply address must not be de‑registered if the retailer is aware that another person residing at the supply address still requires life support equipment.

(9)Once a customer’s supply address ceases to be registered as a life support equipment address, the retailer’s and distributor’s obligations under this code in connection with life support equipment cease to apply in relation to that address.

Part 12  Complaints and dispute resolution

87.Obligation to establish complaints handling procedures

(1)Each retailer and distributor must develop, maintain and implement a standard complaints and dispute resolution procedure.

(2)The standard complaints and dispute resolution procedure must address —

(a)how complaints must be lodged by customers; and

(b)how complaints will be handled by the retailer or distributor, including —

(i)a right of a customer to have a complaint considered by a senior employee if the customer is not satisfied with the manner in which the complaint is being handled; and

(ii)the information that will be provided to a customer, including in accordance with the requirements under clause 89;

and

(c)response times for complaints; and

(d)the method of response.

(3)The standard complaints and dispute resolution procedure must comply with AS/NZS 10002:2014.

88.Acknowledgment of complaint and response times

A retailer or distributor must, on receipt of a written complaint by a customer —

(a)acknowledge the complaint within 10 business days; and

(b)respond to the complaint by addressing the matters in the complaint within 20 business days.

89.Advice about outcome of complaint

A retailer or distributor must —

(a)inform the customer of the outcome of a complaints process; and

(b)unless the customer has advised the retailer or distributor that the complaint has been resolved in a manner acceptable to the customer, inform the customer —

(i)of the retailer’s or distributor’s reasons regarding the outcome; and

(ii)that if the customer is not satisfied with the outcome, the customer may make a complaint or take a dispute to the electricity industry ombudsman; and

(iii)of the contact details for the electricity industry ombudsman.

90.Obligation to refer complaint

If a retailer, distributor or electricity marketing agent receives a complaint from a customer that does not relate to its functions, it must advise the customer of the entity that the retailer, distributor or electricity marketing agent reasonably considers to be the appropriate entity to deal with the complaint (if known).

Part 13  Protections relating to family violence

91.Family violence policy

(1)A retailer must develop, maintain and implement a family violence policy to assist vulnerable customers.

(2)The family violence policy must —

(a)provide for the training of staff (including call centre staff and field officers) about issues related to family violence and its impacts, including how to identify customers who may be affected by family violence and how to apply the policy effectively and appropriately to provide assistance to vulnerable customers; and

(b)require the retailer to advise a vulnerable customer —

(i)that the retailer must take reasonable steps to protect the vulnerable customer’s information if the customer requests the retailer to do so; and

(ii)about the consequences of being named on the account of a residential customer who is not a vulnerable customer;

and

(c)require the retailer —

(i)to take reasonable steps to establish a safe method of communication with a vulnerable customer and if a method of communication proposed by a vulnerable customer is not reasonably practicable, to offer an alternative method of communication; and

(ii)to keep a record of any method of communication that has been agreed between the retailer and a vulnerable customer; and

(iii)to use any agreed method of communication for the purposes of providing information required by this code;

and

(d)include processes to ensure that a vulnerable customer does not have to repeatedly refer to, or disclose, their situation when they make contact with the retailer or another person acting on behalf of the retailer; and

(e)provide that if the retailer becomes aware that a pre‑payment meter customer is a vulnerable customer, the retailer will provide advice to the customer about —

(i)the different types of meters available to the customer; and

(ii)the advantages and disadvantages that may be associated with each type of meter to a customer in their situation; and

(iii)the process for requesting a different meter; and

(iv)the fact that there would not be a charge to replace the pre‑payment meter with a standard meter if the customer were to choose that option;

and

(f)require the retailer to consider reducing or waiving any fees, charges or debt that would otherwise be payable by a vulnerable customer; and

(g)without limiting paragraph (f), require the retailer to consider —

(i)the potential impact of debt collection on a vulnerable customer who is liable for the debt; and

(ii)the extent to which another person may have contributed to an amount owing for electricity supplied to a vulnerable customer’s supply address; and

(iii)in the case of a vulnerable customer who is a pre‑payment meter customer — the provision of financial assistance;

and

(h)require the retailer to have arrangements in place to assist a vulnerable customer who is a pre‑payment meter customer to avoid disconnection; and

(i)provide that the retailer will take into account the circumstances of a vulnerable customer before disconnecting the vulnerable customer’s supply address for failure to pay a bill; and

(j)provide information about the operation of clause 92; and

(k)include —

(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;

and

(l)for printed copies of the family violence policy — be available in large‑print copies.

(3)The training required under subclause (2)(a) must satisfy at least 1 of the following requirements —

(a)it is developed in conjunction with appropriate consumer representatives;

(b)it is provided by appropriate consumer representatives.

(4)Subclause (2)(i) does not apply in relation to former residential customers.

(5)If directed by the Authority, a retailer must review its family violence policy or related procedures, and submit the results of the review to the Authority within a period specified by the Authority.

(6)A retailer must consult with persons or bodies that may reasonably be expected to represent the interests of persons who may be experiencing family violence whenever the retailer is —

(a)developing its family violence policy; or

(b)reviewing its family violence policy because of a direction of the Authority under subclause (5).

92.Protection from disconnection

(1)A retailer must ensure that the residential supply address of a vulnerable customer is not disconnected for a period of 9 months from the date on which the retailer becomes aware that the customer is a vulnerable customer unless —

(a)the retailer is informed by the vulnerable customer, or otherwise becomes aware, that the customer no longer resides at that supply address; or

(b)the disconnection is requested by the vulnerable customer; or

(c)there are safety reasons warranting the disconnection; or

(d)there is an emergency warranting the disconnection; or

(e)electricity has been illegally consumed at the supply address.

(2)Nothing in subclause (1) —

(a)affects a vulnerable customer’s responsibility to pay for electricity supplied by a retailer to a supply address; or

(b)affects a retailer’s ability to send bills and notices to a vulnerable customer in connection with payment for the supply of electricity or to take other steps in connection with a liability to pay for electricity supplied by the retailer.

(3)This clause does not apply in relation to —

(a)pre‑payment meter customers; or

(b)former residential customers.

93.Written evidence

(1)A retailer must not require written evidence of family violence from a customer unless the evidence is reasonably necessary to enable the retailer to determine the most appropriate way to —

(a)address a failure to pay a bill and, if relevant, deal with debt collection; or

(b)deal with a proposed disconnection of a supply address.

(2)To the extent that written evidence of family violence is required, it need only be 1 document of a kind that is listed in the Residential Tenancies Act 1987 section 71AB(2).

Part 14 — Service standard payments

Division 1 — Obligations for retailers

94.Facilitating customer reconnections

(1)Unless clause 99 applies, a retailer must make the payment specified under subclause (2) if —

(a)the retailer is required to arrange a reconnection of a customer’s supply address under Part 8; and

(b)either —

(i)the retailer has not complied with clause 53(3) or (4); or

(ii)the retailer has complied with clause 53(3), but a distributor has not complied with the timeframes set out in clause 54(4).

(2)The retailer must pay the customer $60 for each day that the retailer or the distributor (as the case may be) is late, up to a maximum of $300.

(3)Unless clause 99 applies, if a retailer makes a payment under this clause due to an act or omission of a distributor, the distributor must reimburse the retailer for the amount of the payment.

95.Wrongful disconnections

(1)Unless clause 99 applies, a retailer must make the payment specified under subclause (2) if the retailer —

(a)fails to comply with any of the procedures set out under Part 6 (if applicable and other than clauses 45(3) and 46), or clause 48 or 82(1), before arranging for disconnection of, or disconnecting, a customer for failure to pay a bill; or

(b)arranges for disconnection of, or disconnects, a customer in contravention of clause 49, 50 or 52 for failure to pay a bill.

(2)The retailer must pay the customer $100 for each day that the customer is wrongfully disconnected.

(3)Unless clause 99 applies, if a retailer makes a payment under this clause due to an act or omission of a distributor, the distributor must reimburse the retailer for the amount of the payment.

96.Customer service

(1)Unless clause 99 applies, if a retailer fails to acknowledge or respond to a written complaint made by a customer within the timeframes set out in clause 88, the retailer must pay the customer $20.

(2)A retailer is only liable to make 1 payment under this clause for each written complaint.

Division 2 — Obligations for distributors

97.Wrongful disconnections

(1)Unless clause 99 applies, a distributor must make the payment specified under subclause (2) if the distributor disconnects a customer’s supply address other than —

(a)as authorised by this code or otherwise authorised by written law; or

(b)as authorised by a retailer.

(2)The distributor must pay the customer $100 for each day that the customer is wrongfully disconnected.

98.Customer service

(1)Unless clause 99 applies, if a distributor fails to acknowledge or respond to a written complaint made by a customer within the timeframes set out in clause 88, the distributor must pay the customer $20.

(2)A distributor is only liable to make 1 payment under this clause for each written complaint.

Division 3 — Payment

99.Exceptions

(1)A retailer or distributor is not required to make a payment under this Part if events or conditions outside the control of the retailer or distributor caused the retailer or distributor to be liable to make the payment.

(2)Except in the case of a payment under clauses 95 and 97, which are required to be made without application by a customer as soon as reasonably practical, a retailer or distributor is not required to make a payment under this Part if the customer fails to apply to the retailer or distributor for the payment within 3 months of the non‑compliance by the retailer or distributor.

(3)If clause 96 or 98 applies, a retailer or distributor is not required to make more than 1 payment to each affected supply address per event of non‑compliance with the timeframes set out in clause 88.

(4)For the purposes of subclause (3), each supply address where a customer receives a bill from a retailer is a separate supply address.

100.Method of payment

(1)A retailer who is required to make a payment under clause 94, 95 or 96 must do so —

(a)by deducting the amount of the payment from the amount due under the customer’s next bill; or

(b)by paying the amount directly to the customer.

(2)A distributor who is required to make a payment under clause 97 or 98 must do so —

(a)by paying the amount to the customer’s retailer who will pass the amount on to the customer in accordance with subclause (1); or

(b)by paying the amount directly to the customer.

(3)A payment made under this Part does not affect any rights of a customer to claim damages or any other remedy.

101.Recovery of payment

(1)If a retailer or distributor who is required to make a payment to a customer under this Part fails to comply with clause 100 within 30 days after the date of demand for payment by the customer, or in the case of a payment required to be made under clause 95 or 97, within 30 days after the date of the wrongful disconnection, then the customer may recover the payment in a court of competent jurisdiction as a debt due from the retailer or distributor (as the case may be) to the customer.

(2)If a retailer is entitled under clause 94(3) or 95(3) to reimbursement of an amount from a distributor, and the distributor fails to reimburse the amount within 30 days after the date of a demand for payment by the retailer, then the retailer may recover the amount of the payment in a court of competent jurisdiction as a debt due from the distributor to the retailer.

Part 15  Repeal

102.Code of Conduct for the Supply of Electricity to Small Use Customers 2018 repealed

The Code of Conduct for the Supply of Electricity to Small Use Customers 2018 is repealed.

 

 

Notes

This is a compilation of the Code of Conduct for the Supply of Electricity to Small Use Customers 2022. For provisions that have come into operation see the compilation table.

Compilation table

Citation

Published

Commencement

Code of Conduct for the Supply of Electricity to Small Use Customers 2022

SL 2022/207 14 Dec 2022

cl. 1 and 2: 14 Dec 2022 (see cl. 2(a));
Code other than cl. 1 and 2: 20 Feb 2023 (see cl. 2(b))

 

Defined terms

 

[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)

accumulation meter3

actual value3

alternative tariff3

appropriately qualified medical practitioner3

AS3

AS/NZS3

attach3

Australian Consumer Law (WA)3

basic living needs3

billing cycle3

bill issue date3

business customer3

business day3

Centrelink3

Centrepay3

collective customer3

complaint3

concession3

connect3

contact3

contestable customer3

contract3

cooling-off period3

credit retrieval3

customer3

customer experiencing financial hardship3

de-energise3

designated entity5(1)

designated person3

disconnect3

disconnection warning3

distributor3

dual fuel contract3

electricity industry ombudsman3

electricity marketing agent3

emergency3

energise3

energy data3

family violence3

financial hardship3

historical debt3

Housing Authority3

interruption3

interval meter3

life support equipment3

life support equipment address3

marketing identification number3

maximum credit amount35(4)

meter3

Metering Code3

metering data agent3

metrology procedure3

metropolitan area3

National Interpreter Symbol3

non-contestable customer3

non-standard contract3

Obligation to Connect Regulations3

overcharging3

payment plan3, 4(1)

payment problems3

Perth metropolitan area3

pre-payment meter3

pre-payment meter customer3

pre-payment meter service3

protected period3

recharge facility3

reconnect3

re-energise3

regional area3

relevant consumer representative3

relevant document78(3)

relevant standard3, 81

reminder notice3, 48(1)

residential customer3

residential pre-payment meter customer3

resolved3

retailer3

shortened billing cycle3

standard form contract3

supply address3

time band3

time of use tariff3

undercharging3

unsolicited consumer agreement3

verifiable confirmation3

verifiable consent3

vulnerable customer3