{"id":"electricity-industry-customer-contracts-regulations-2005","name":"Electricity Industry (Customer Contracts) Regulations 2005","slug":"electricity-industry-customer-contracts-regulations-2005","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176496,"registerId":"wa-electricity-industry-customer-contracts-regulations-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electricity Industry (Customer Contracts) Regulations 2005","content":"![Crest]()Western Australia\n\nElectricity Industry Act 2004\n\nElectricity Industry (Customer Contracts) Regulations 2005\n\nWestern Australia\n\nElectricity Industry (Customer Contracts) Regulations 2005\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used in these regulations 1\n\n4. Parts 2 and 4 not to apply to certain contracts 2\n\nPart 2 — General requirements for customer contracts\n\n5. Format and expression 3\n\n6. Duration of contract 3\n\n7. Details of retailer 3\n\n8. Description of goods and services 3\n\n9. Customer’s obligation to pay for electricity 3\n\n10. Interference with network equipment 4\n\n11. Disconnection and reconnection 4\n\n12. Benefit changes 4\n\n13. Prices 5\n\n14. Billing 5\n\n15. Termination 5\n\n16. Amendment of contract 7\n\n17. Assignment 7\n\n18. Complaints 7\n\n19. Confidentiality 8\n\n20. Miscellaneous provisions 8\n\n21. No contracting out of code of conduct 8\n\nPart 3 — Requirements for standard form contracts\n\nDivision 1 — Requirements for all standard form contracts\n\n22. Acceptable identification 9\n\n23. Termination of contract by customer 10\n\n24. Equipment ownership and responsibility 10\n\n25. Meter testing 10\n\n26. Access to supply premises 10\n\n27. Customer entering supply premises — existing connection 11\n\n28. Customer leaving supply premises 11\n\n29. Matters beyond the control of customer or retailer 11\n\n31. Payment difficulties and debt recovery 12\n\nDivision 2 — Security deposit requirements for certain standard form contracts\n\n31A. Term used: customer 12\n\n31B. Security deposits not payable by residential customers 12\n\n31C. Security deposits may be required from certain customers 12\n\n31D. Amount of security deposit 14\n\n31E. Treatment of security deposit 14\n\n31F. Use of security deposit 15\n\n31G. Obligation to repay security deposit 16\n\n31H. Failure to pay security deposit 16\n\n31I. Permission for retailer to carry out credit checks 17\n\nPart 4 — Requirements for non‑standard contracts\n\nDivision 1 — Requirements for all non‑standard contracts\n\n32A. Term used: fixed term contract 18\n\n32. Cooling‑off period for non‑standard contracts 18\n\n33. Termination of contract by customer 19\n\n34. Amendment of contract 19\n\n34A. Information relating to expiry of fixed term contract 19\n\nDivision 2 — Security deposit requirements for certain non‑standard contracts\n\n34B. Security deposits not payable by residential customers 20\n\n34C. Security deposits may be required from certain customers 21\n\nPart 5 — Deemed contracts with default supplier\n\n35. Meaning of terms used in this Part 22\n\n36. Determination of default supplier 22\n\n37. Supply under deemed contract with default supplier 22\n\n38. Default supplier to notify customer 23\n\nPart 6 — Miscellaneous\n\n39. Exception for section 54(1) 24\n\n40. Requirement to offer to supply electricity under standard form contract 24\n\nNotes\n\nCompilation table 26\n\nDefined terms\n\n  \n\nWestern Australia\n\nElectricity Industry Act 2004\n\nElectricity Industry (Customer Contracts) Regulations 2005\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese regulations are the *Electricity Industry (Customer Contracts) Regulations 2005*.\n\n##### 2. Commencement\n\nThese regulations come into operation on 1 January 2006.\n\n##### 3. Terms used in these regulations\n\nIn these regulations, unless the contrary intention appears —\n\nbusiness day means a day that is not a Saturday, Sunday or public holiday;\n\n  code of conduct has the meaning given to that term in section 78;\n\n  customer has the meaning given to that term in section 47;\n\n  customer contract means a standard form contract or a non‑standard contract;\n\n  distributor, in relation to a customer, means the person holding —\n\n(a) a distribution licence; or\n\n(b) an integrated regional licence,\n\nfor the distribution system through which electricity is supplied to the customer;\n\n  meter means equipment used to measure the quantity of electricity supplied to a customer;\n\n  network equipment means the meter and any wires, apparatus or other equipment used for or in connection with the supply of electricity and located upstream from the meter;\n\n  non‑standard contract has the meaning given to that term in section 47;\n\n  price includes charge, fee and tariff;\n\n  provision of a customer contract means a provision, term or condition of a customer contract;\n\nresidential customer means a customer to whom electricity is supplied for residential purposes;\n\n  retailer, in relation to a customer, means the retail licensee selling, or intending to sell, electricity to the customer;\n\n  retail licensee has the meaning given to that term in section 47;\n\n  section means a section of the Act;\n\n  security deposit means an amount of money provided as security against the customer defaulting on a payment due to the retailer under a customer contract;\n\n  standard form contract has the meaning given to that term in section 47;\n\n  supply means the supply of electricity to a customer;\n\n  supply premises means the premises to which electricity is, or will be, supplied under a customer contract.\n\n[Regulation 3 amended: Gazette 31 Mar 2006 p. 1344; 27 Dec 2013 p. 6474; SL 2022/103 r. 4.]\n\n##### 4. Parts 2 and 4 not to apply to certain contracts\n\nParts 2 and 4 do not apply to a non‑standard contract entered into before 31 March 2006.\n\n## Part 2 — General requirements for customer contracts\n\n##### 5. Format and expression\n\n(1) A customer contract must be in a format that makes it easy to read.\n\n(2) A customer contract must be expressed in clear, simple and concise language.\n\n##### 6. Duration of contract\n\nA customer contract must specify the day on which the contract comes into effect and the period for which it has effect.\n\n##### 7. Details of retailer\n\nA customer contract must specify the retailer’s —\n\n(a) company name and business name (if different from its company name);\n\n(b) Australian Business Number or Australian Company Number;\n\n(c) registered office address and business address (if different from its registered office address);\n\n(d) postal address;\n\n(e) telephone number;\n\n(f) email address; and\n\n(g) internet website address.\n\n##### 8. Description of goods and services\n\nA customer contract must give an exact description of the goods and services that the retailer will provide under the contract.\n\n##### 9. Customer’s obligation to pay for electricity\n\nA customer contract must require the customer to pay for electricity supplied under the contract.\n\n##### 10. Interference with network equipment\n\nA customer contract must prohibit the customer from tampering with or bypassing network equipment or allowing any other person to do so.\n\n##### 11. Disconnection and reconnection\n\nA customer contract must describe the circumstances in which —\n\n(a) the retailer has a right to disconnect supply; and\n\n(b) the retailer is required to reconnect supply.\n\n##### 12. Benefit changes\n\n(1) In this regulation —\n\nbenefit change means a change to, or the expiry of, a benefit (such as a price discount) provided under a customer contract to the customer during a period that ends earlier than the date on which the contract will end.\n\n(2) If a customer contract provides for a benefit change, the contract must —\n\n(a) state that the retailer is required to inform the customer, not more than 40 business days and not less than 20 business days before the date of the benefit change, of —\n\n(i) the benefit change; and\n\n(ii) the options for supply available to the customer after the date of the benefit change;\n\nand\n\n(b) describe the way in which the retailer must give that information to the customer.\n\n[Regulation 12 inserted: SL 2022/103 r. 5.]\n\n##### 13. Prices\n\n(1) A customer contract must describe the prices payable by the customer under the contract and the circumstances in which those prices are payable.\n\n(2) A customer contract must describe the way in which the retailer —\n\n(a) publishes its prices; and\n\n(b) gives notice of variations to its prices.\n\n[Regulation 13 amended: SL 2022/103 r. 6.]\n\n##### 14. Billing\n\nA customer contract must describe the procedures to be followed by the retailer in relation to the preparation, issue and review of the customer’s bills.\n\n##### 15. Termination\n\n(1) A customer contract must —\n\n(a) deal with the circumstances in which the contract may be terminated by the retailer or the customer;\n\n(b) deal with the procedures for and in relation to termination of the contract;\n\n(c) without limiting regulation 13(1), describe any fees, charges or penalties payable by the customer if the contract is terminated and the circumstances in which they are payable; and\n\n(d) deal with when termination of the contract takes effect.\n\n(2) Without limiting subregulation (1), a customer contract must authorise the retailer to terminate the contract if the customer —\n\n(a) becomes insolvent; or\n\n(b) goes into liquidation; or\n\n(c) becomes bankrupt; or\n\n(ca) consumes more than 160 MWh of electricity in any period of 12 months; or\n\n(d) commits a breach of the contract for which the retailer has a right, under the contract or a written law, to disconnect supply.\n\n(3) Without limiting subregulation (1), a customer contract must include provisions that state that if the contract is terminated —\n\n(a) the retailer may arrange for a final meter reading and for disconnection;\n\n(b) the retailer may issue a final bill to the customer;\n\n(c) the retailer may, subject to the provisions of any written law, charge the customer a fee for the final meter reading, disconnection and final bill;\n\n(d) the retailer or distributor may remove any network equipment at any time after the day on which the contract ends; and\n\n(e) the customer must allow the retailer or distributor safe and unrestricted access to the supply premises for the purpose of removing network equipment.\n\n(4) If a customer contract (the first contract) provides for termination of the contract in circumstances where the customer has entered into another customer contract with the retailer, the first contract must not provide for the termination to take effect before the cooling‑off period (if any) for the other customer contract expires*.*\n\n[(5) deleted]\n\n(6) If a customer contract (the first contract) provides for termination of the contract in circumstances where the customer has entered into a customer contract with another retailer, the first contract must not provide for the termination to take effect before the customer is transferred to the other retailer in accordance with the *Electricity Industry Customer Transfer Code 2004.*\n\n[Regulation 15 amended: Gazette 20 Sep 2016 p. 3966; SL 2022/103 r. 7.]\n\n##### 16. Amendment of contract\n\n(1) A standard form contract must inform the customer that the provisions of the contract may be amended without the customer’s consent.\n\n(1A) A non‑standard contract must inform the customer that the provisions of the contract may be amended without the customer’s consent to the extent that the amendment is required for the contract to remain consistent with a written law.\n\n(2) A customer contract must describe the process for amendment of the contract including —\n\n(a) any requirement for approval of a proposed amendment by a particular person or body; and\n\n(b) the way in which an amendment will be published.\n\n[Regulation 16 amended: SL 2022/103 r. 8.]\n\n##### 17. Assignment\n\n(1) A customer contract must deal with the assignment of rights and obligations under the contract by the customer and the retailer.\n\n(2) Without limiting subregulation (1), a customer contract must set out the circumstances in which the customer’s rights and obligations under the contract may be assigned without the customer’s consent.\n\n##### 18. Complaints\n\nA customer contract must describe the procedures to be followed by the retailer in responding to a complaint made by the customer.\n\n##### 19. Confidentiality\n\n(1) A customer contract must specify the steps that are to be taken by the retailer to ensure that information held by the retailer about the customer is dealt with in a confidential manner.\n\n(2) A customer contract complies with subregulation (1) if the contract specifies —\n\n(a) that the retailer has a privacy policy that sets out the steps that are to be taken by the retailer to ensure that information held by the retailer about the customer is dealt with in a confidential manner; and\n\n(b) the way in which the customer may obtain a copy of the retailer’s privacy policy without charge.\n\n[Regulation 19 amended: SL 2022/103 r. 9.]\n\n##### 20. Miscellaneous provisions\n\nA customer contract must deal with the following matters —\n\n(a) the law that governs the contract;\n\n(b) the effect of any invalid or unenforceable provision on the other provisions of the contract;\n\n(c) the way in which notice can be given under the contract and when such notice is deemed to be given;\n\n(d) the use of electronic communication by the retailer when dealing with the customer.\n\n##### 21. No contracting out of code of conduct\n\n(1) A customer contract must not include a provision that purports to exclude, restrict or modify the effect of the code of conduct unless the exclusion, restriction or modification is expressly authorised by the code of conduct.\n\n(2) A provision which contravenes subregulation (1) is of no effect.\n\n## Part 3 — Requirements for standard form contracts\n\n### Division 1 — Requirements for all standard form contracts\n\n[Heading inserted: SL 2022/103 r. 10.]\n\n##### 22. Acceptable identification\n\n(1) In this regulation —\n\nacceptable identification, in relation to —\n\n(a) a customer who is an individual — means any of the following —\n\n(i) a driver’s licence, a current passport or another form of photographic evidence;\n\n(ii) a pensioner concession card or other entitlement card issued by or on behalf of the Commonwealth or a State or Territory;\n\n(iii) a birth certificate;\n\nor\n\n(b) a customer that is a sole trader or a partnership comprising individuals — means any of the forms of identification in paragraph (a) for at least 1 of the individuals who conduct the business or enterprise concerned; or\n\n(c) a customer that is a body corporate or a partnership comprising bodies corporate — means the Australian Company Number or Australian Business Number of each body corporate that conducts the business or enterprise concerned; or\n\n(d) a customer that is a partnership comprising 1 or more individuals and 1 or more bodies corporate means —\n\n(i) any of the forms of identification in paragraph (a) for at least 1 of the individuals who conduct the business or enterprise concerned; and\n\n(ii) the Australian Company Number or Australian Business Number of each body corporate that conducts the business or enterprise concerned.\n\n(2) A retailer may require the customer to provide acceptable identification as a precondition to entering into a standard form contract with the customer.\n\n[Regulation 22 inserted: SL 2022/103 r. 11.]\n\n##### 23. Termination of contract by customer\n\nWithout limiting regulation 15(1), a standard form contract must authorise the customer to terminate the contract at any time by giving notice to the retailer not less than 5 days before the day on which the customer wants the contract to end.\n\n##### 24. Equipment ownership and responsibility\n\nA standard form contract must deal with ownership of, responsibility for, and rights and obligations in relation to, equipment used for or in connection with supply under the contract.\n\n##### 25. Meter testing\n\nA standard form contract must inform the customer —\n\n(a) that the customer can ask the retailer to arrange for the meter to be tested; and\n\n(b) of the circumstances in which the customer is required to pay a fee for the test.\n\n##### 26. Access to supply premises\n\n(1) A standard form contract must require the customer to provide safe and unrestricted access to network equipment at the supply premises.\n\n(2) A standard form contract must require the retailer to take reasonable steps to ensure that any person who enters the supply premises on behalf of the retailer —\n\n(a) clearly displays a form of identification; and\n\n(b) shows a form of identification to the customer if requested to do so.\n\n(3) In subregulation (2) —\n\n  form of identification means a card or other written material that identifies the person as an employee or agent of the retailer.\n\n##### 27. Customer entering supply premises — existing connection\n\nA standard form contract must, in relation to an existing electricity connection, specify the method used to determine the quantity of electricity supplied to the customer at the supply premises if a final meter reading was not carried out on the day that the previous customer left the supply premises.\n\n##### 28. Customer leaving supply premises\n\nA standard form contract must include provisions that deal with the following matters —\n\n(a) a requirement for notice to be given by the customer to the retailer before the customer leaves the supply premises;\n\n(b) the method used to determine the final charge payable by the customer for electricity supplied at the supply premises and any fee payable by the customer in respect of that determination;\n\n(c) the nature and extent of the customer’s obligation to pay for electricity supplied at the supply premises.\n\n##### 29. Matters beyond the control of customer or retailer\n\nA standard form contract must deal with the rights and obligations of the customer and the retailer if something happens that is beyond the control of the customer or the retailer.\n\n[**30.** Deleted: SL 2022/103 r. 12.]\n\n##### 31. Payment difficulties and debt recovery\n\n(1) A standard form contract must deal with the rights and obligations of the customer and the retailer in circumstances where the customer has difficulty paying a bill.\n\n(2) A standard form contract must deal with the rights and obligations of the customer and the retailer in relation to debt collection.\n\n### Division 2 — Security deposit requirements for certain standard form contracts\n\n[Heading inserted: SL 2022/103 r. 13.]\n\n##### 31A. Term used: customer\n\nIn this Division —\n\ncustomer does not include a residential customer.\n\n[Regulation 31A inserted: SL 2022/103 r. 13.]\n\n##### 31B. Security deposits not payable by residential customers\n\nA standard form contract entered into by a residential customer must not state that the residential customer is required to pay a security deposit to the retailer.\n\n[Regulation 31B inserted: SL 2022/103 r. 13.]\n\n##### 31C. Security deposits may be required from certain customers\n\n(1) In this regulation —\n\nelectricity ombudsman has the meaning given in section 92(1);\n\nelectricity ombudsman scheme means the scheme approved by the Authority under section 92.\n\n(2) A standard form contract must state whether or not the customer is required to pay a security deposit to the retailer.\n\n(3) Subject to subregulations (4) and (6), a standard form contract may state that a customer is required to pay a security deposit to the retailer —\n\n(a) at the time the customer asks the retailer to supply electricity to the customer under a standard form contract; and\n\n(b) at any time during the term of the standard form contract.\n\n(4) A standard form contract that states that a customer is required to pay a security deposit must state that the customer is required to do so only if —\n\n(a) the customer owes an amount to the retailer in relation to supply at any premises, unless the customer has disputed the bill relating to that amount and the bill is subject to —\n\n(i) a review by the retailer; or\n\n(ii) a complaint to the electricity ombudsman;\n\nor\n\n(b) within 2 years before entering into the contract, the customer has —\n\n(i) fraudulently obtained supply; or\n\n(ii) consumed electricity intentionally and unlawfully;\n\nor\n\n(c) the retailer reasonably decides that the customer has an unsatisfactory credit history or an unsatisfactory history relating to paying for electricity supplied to the customer.\n\n(5) Subregulation (6) applies to a standard form contract that states that a customer is required to pay a security deposit because of the retailer’s decision referred to in subregulation (4)(c).\n\n(6) The standard form contract must state that the retailer is required to inform the customer of —\n\n(a) the retailer’s decision that the customer has an unsatisfactory credit history or an unsatisfactory history relating to paying for electricity supplied to the customer, and the reasons for that decision; and\n\n(b) the retailer’s complaints handling procedures and the electricity ombudsman scheme.\n\n[Regulation 31C inserted: SL 2022/103 r. 13.]\n\n##### 31D. Amount of security deposit\n\nA standard form contract that states that a customer is required to pay a security deposit must state that the retailer is required to ensure that the amount of the security deposit is not greater than 37.5% of the customer’s estimated bills over a 12 month period, based on —\n\n(a) billing data relating to the customer; or\n\n(b) the average consumption of electricity by a comparable customer over a comparable 12 month period.\n\n[Regulation 31D inserted: SL 2022/103 r. 13.]\n\n##### 31E. Treatment of security deposit\n\n(1) In this regulation —\n\nbank bill swap rate means —\n\n(a) the Australian Stock Exchange Bank Bill Swap Rate (BBSW) having a term equal to or nearest to 90 days, as published on the first day of the relevant 90 day period referred to in subregulation (3); or\n\n(b) if the rate referred to in paragraph (a) is not published on that day — the rate published on the most recent day before that day.\n\n(2) A standard form contract that states that a customer is required to pay a security deposit must state that the retailer is required —\n\n(a) to keep security deposits paid to the retailer in a separate trust account; and\n\n(b) to identify those security deposits separately in the retailer’s accounting records.\n\n(3) A standard form contract that states that a customer is required to pay a security deposit must state that the retailer is required to pay interest to the customer on the security deposit, at the bank bill swap rate, that accrues daily and is capitalised every 90 days unless paid.\n\n[Regulation 31E inserted: SL 2022/103 r. 13.]\n\n##### 31F. Use of security deposit\n\n(1) In this regulation —\n\nsecurity deposit includes any interest accrued on the security deposit, as described in regulation 31E(3).\n\n(2) A standard form contract that states that a customer is required to pay a security deposit must state that the retailer may apply the security deposit in full or partial satisfaction of amounts owed by the customer to the retailer only if —\n\n(a) the retailer disconnects supply for non‑payment of a bill and the customer no longer has any right to reconnection under the standard form contract; or\n\n(b) any amount owed by the customer relates to a final bill issued to the customer.\n\n(3) A standard form contract that states that a customer is required to pay a security deposit must state that the retailer, within 10 business days after applying the security deposit as described in subregulation (2), is required —\n\n(a) to provide the customer with a written statement of how the security deposit was applied; and\n\n(b) to repay to the customer any amount of the security deposit that was not applied.\n\n[Regulation 31F inserted: SL 2022/103 r. 13.]\n\n##### 31G. Obligation to repay security deposit\n\n(1) A standard form contract that states that a customer is required to pay a security deposit must state that the retailer is required to repay to the customer, in accordance with the customer’s reasonable instructions and subject to the contract’s provisions described in regulation 31F, the amount of the security deposit, including any interest accrued as described in regulation 31E(3), within the period described in subregulation (2).\n\n(2) The standard form contract must state that the security deposit is required to be repaid within 10 business days after —\n\n(a) the customer completes 2 years of payments for supply by the date specified in the relevant bills; or\n\n(b) the customer leaves the supply premises; or\n\n(c) the retailer disconnects supply at the supply premises at the request of the customer; or\n\n(d) the customer transfers to another retailer.\n\n(3) The standard form contract must state that, if the customer does not give reasonable instructions for the repayment of the security deposit and any accrued interest, the retailer is required to credit the amount to be repaid —\n\n(a) if subregulation (2)(a) applies to the repayment — to the customer’s next bill; or\n\n(b) if subregulation (2)(b), (c) or (d) applies to the repayment — to the customer’s final bill.\n\n[Regulation 31G inserted: SL 2022/103 r. 13.]\n\n##### 31H. Failure to pay security deposit\n\nA standard form contract that states that a customer is required to pay a security deposit must state that, if the customer fails to pay the security deposit, in whole or in part, the retailer may, subject to the conditions of its trading licence and the requirements of the contract referred to in regulation 11 —\n\n(a) disconnect supply or cause disconnection to occur; or\n\n(b) refuse to reconnect supply.\n\n[Regulation 31H inserted: SL 2022/103 r. 13.]\n\n##### 31I. Permission for retailer to carry out credit checks\n\n(1) This regulation applies if a standard form contract states that a customer is required to pay a security deposit during the term of the standard form contract.\n\n(2) The standard form contract must state that the customer is required to provide the retailer, if and when requested by the retailer to do so, with —\n\n(a) permission to investigate the customer’s credit history; and\n\n(b) any information held by the customer about the customer’s credit history.\n\n[Regulation 31I inserted: SL 2022/103 r. 13.]\n\n## Part 4 — Requirements for non‑standard contracts\n\n### Division 1 — Requirements for all non‑standard contracts\n\n[Heading inserted: SL 2022/103 r. 14.]\n\n##### 32A. Term used: fixed term contract\n\nIn this Division —\n\nfixed term contract means a non‑standard contract that is expressed to have effect for a definite period.\n\n[Regulation 32A inserted: SL 2022/103 r. 15.]\n\n##### 32. Cooling‑off period for non‑standard contracts\n\n(1) In this regulation —\n\n  cooling‑off period means the period referred to in subregulation (2).\n\n(2) A customer has a right, at his or her discretion, to terminate a non‑standard contract within the period of 10 business days after the contract is entered into and this right must be specified in the contract.\n\n(3) A non‑standard contract must prohibit the retailer from supplying electricity to the customer under the contract during the cooling‑off period unless the customer requests supply.\n\n(4) A non‑standard contract must require the customer to pay the retailer for electricity supplied and for any services provided in connection with that supply if —\n\n(a) at the request of the customer, electricity is supplied to the customer during the cooling‑off period; and\n\n(b) the customer exercises his or her right to terminate the contract during that period.\n\n[Regulation 32 amended: SL 2022/103 r. 16.]\n\n##### 33. Termination of contract by customer\n\n[(1) deleted]\n\n(2) Without limiting regulation 15(1), a non‑standard contract (other than a fixed term contract) must authorise the customer to terminate the contract at any time by giving notice to the retailer not less than 5 days before the day on which the customer wants the contract to end.\n\n(3) A fixed term contract must authorise the customer to terminate the contract at any time by giving notice to the retailer not less than 20 days before the day on which the customer wants the contract to end.\n\n(4) A fixed term contract must specify any amount payable by the customer, by way of penalty, in the event that the customer terminates the contract before the expiry of the term of the contract.\n\n[Regulation 33 amended: SL 2022/103 r. 17.]\n\n##### 34. Amendment of contract\n\nWithout limiting regulation 16, a non‑standard contract must require the retailer to notify the customer of any amendment to the contract.\n\n##### 34A. Information relating to expiry of fixed term contract\n\n(1) A fixed term contract must state that the retailer is required to notify the customer —\n\n(a) of the day on which the contract is due to expire; and\n\n(b) of the options for supply available to the customer after expiry; and\n\n(c) of the terms and conditions that will apply after expiry unless the customer exercises 1 of the options referred to in paragraph (b); and\n\n(d) of the way in which the retailer must give the notification referred to in this subregulation to the customer.\n\n(2) Subject to subregulation (3), the fixed term contract must state that the notification referred to in subregulation (1) is required to be given not more than 40 business days and not less than 20 business days before the day on which the contract is due to expire.\n\n(3) If the term of the fixed term contract is less than 1 month, the contract must state that the notification referred to in subregulation (1) is required to be given at the commencement of the term.\n\n(4) The fixed term contract (the current contract) must state that the retailer is not required to give the notification referred to in subregulation (1) if the customer —\n\n(a) has already entered into a new fixed term contract with the retailer for the supply premises to which the current contract applies; or\n\n(b) has informed the retailer as to which of the options for supply referred to in subregulation (1)(b) the customer requires on the expiry of the current contract.\n\n[Regulation 34A inserted: SL 2022/103 r. 18.]\n\n### Division 2 — Security deposit requirements for certain non‑standard contracts\n\n[Heading inserted: SL 2022/103 r. 19.]\n\n##### 34B. Security deposits not payable by residential customers\n\nA non-standard contract entered into by a residential customer must not state that the residential customer is required to pay a security deposit to the retailer.\n\n[Regulation 34B inserted: SL 2022/103 r. 19.]\n\n##### 34C. Security deposits may be required from certain customers\n\n(1) In this regulation —\n\ncustomer does not include a residential customer.\n\n(2) A non‑standard contract must state whether or not the customer is required to pay a security deposit to the retailer.\n\n(3) A non‑standard contract that states that a customer is required to pay a security deposit must state —\n\n(a) the method used to calculate the amount of any security deposit; and\n\n(b) the maximum amount that the retailer may require the customer to pay as a security deposit; and\n\n(c) the circumstances in which the retailer may apply the security deposit in satisfaction of amounts owed by the customer to the retailer; and\n\n(d) the circumstances in which the retailer must repay the security deposit to the customer.\n\n(4) For the purposes of this regulation, regulations 31C(1), (3), (4), (5) and (6), 31E, 31H and 31I apply as if any reference in those provisions to a standard form contract included a reference to a non‑standard contract.\n\n[Regulation 34C inserted: SL 2022/103 r. 19.]\n\n## Part 5 — Deemed contracts with default supplier\n\n##### 35. Meaning of terms used in this Part\n\nIn this Part, unless the contrary intention appears —\n\n  connection point means the point at which premises owned or occupied by a customer are connected to a distribution system;\n\n  default supplier for a connection point means the default supplier determined for the connection point under regulation 36(1);\n\n  distributor means a person holding —\n\n(a) a distribution licence; or\n\n(b) an integrated regional licence authorising the operation of a distribution system.\n\n##### 36. Determination of default supplier\n\n(1) A distributor is required to determine from time to time the default supplier for each connection point that connects to a distribution system operated by the distributor.\n\n(2) A determination under subregulation (1) must be made in such a way that the default supplier for each connection point is the retail licensee identified by the distributor as supplying electricity at the connection point.\n\n(3) It is a condition of a distributor’s distribution licence or integrated regional licence that the distributor must comply with the obligation in subregulation (1).\n\n##### 37. Supply under deemed contract with default supplier\n\nIf a customer commences to take a supply of electricity at premises without entering into a contract for the supply with a retail licensee, the electricity is deemed to be supplied under the standard form contract of the default supplier for the connection point in respect of those premises.\n\n##### 38. Default supplier to notify customer\n\n(1) Within 5 days after becoming aware of a customer taking a supply of electricity at premises in the circumstances referred to in regulation 37, the default supplier for the connection point in respect of those premises is required to notify the customer in writing —\n\n(a) that the default supplier is the default supplier for that connection point; and\n\n(b) of the effect of regulation 37.\n\n(2) It is a condition of a default supplier’s retail licence or integrated regional licence that the default supplier must comply with the obligation in subregulation (1).\n\n## Part 6 — Miscellaneous\n\n##### 39. Exception for section 54(1)\n\nThe licence condition provided for in section 54(1) is subject to the exception that a licensee may supply electricity to customers under a non‑standard contract that does not comply with the Act if the contract is entered into before 31 March 2006.\n\n##### 40. Requirement to offer to supply electricity under standard form contract\n\n(1) In this regulation —\n\ndefault supplier has the meaning given in regulation 35;\n\nrelevant corporation means the Electricity Generation and Retail Corporation or the Regional Power Corporation.\n\n(1A) Subject to this regulation, a retailer is required to offer to supply electricity under a standard form contract to a customer who requests supply.\n\n(1B) If the customer requests supply in relation to an existing electricity connection, the obligation in subregulation (1A) arises only in respect of the default supplier.\n\n(1C) If the customer requests supply otherwise than in relation to an existing electricity connection, the obligation in subregulation (1A) arises only in respect of a relevant corporation.\n\n(2) The obligation in subregulation (1A) does not arise if —\n\n(a) the premises of the customer requesting supply are not connected to a distribution system; and\n\n(b) there is no obligation under the *Electricity Industry (Obligation to Connect) Regulations 2005* regulation 4 for a distributor to attach or connect those premises to a distribution system.\n\n(3) The obligation subregulation (1A) does not arise if the customer requesting supply —\n\n(a) owes an amount of money to the retailer; and\n\n(b) has not —\n\n(i) entered into an arrangement with the retailer for payment of the amount owed; or\n\n(ii) complied with the terms of any such arrangement.\n\n(4) It is a condition of every retail licence and integrated regional licence held by a retailer that the retailer must comply with the obligation in subregulation (1A) if that obligation arises in respect of the retailer.\n\n[Regulation 40 amended: Gazette 31 Mar 2006 p. 1344; SL 2022/103 r. 20.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Electricity Industry (Customer Contracts) Regulations 2005* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Electricity Industry (Customer Contracts) Regulations 2005* | 23 Dec 2005 p. 6256-66 | 1 Jan 2006 (see r. 2) |\n| *Electricity Corporations (Consequential Amendments) Regulations 2006* r. 72 | 31 Mar 2006 p. 1299‑57 | 1 Apr 2006 (see r. 2) |\n| *Electricity Corporations (Consequential Amendments) Regulations 2013* r. 8 | 27 Dec 2013 p. 6469-79 | 1 Jan 2014 (see r. 2(c) and *Gazette* 27 Dec 2013 p. 6465) |\n| *Electricity Industry (Customer Contracts) Amendment Regulations 2016* | 20 Sep 2016 p. 3966 | r. 1 and 2: 20 Sep 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 20 Dec 2016 (see r. 2(b)) |\n| *Electricity Industry (Customer Contracts) Amendment Regulations 2022* | SL 2022/103 17 Jun 2022 | r. 1 and 2: 17 Jun 2022 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2023 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nacceptable identification 22(1)\n\nbank bill rate 12(4)\n\nbank bill swap rate 31E(1)\n\nbenefit change 12(1)\n\nbusiness day 3\n\ncode of conduct 3\n\nconnection point 35\n\ncooling-off period 15(5), 22(1), 32(1)\n\ncurrent contract 34A(4)\n\ncustomer 3, 31A, 34C(1)\n\ncustomer contract 3\n\ndefault supplier 34C(4), 40(1)\n\ndistributor 3, 35\n\ndoor to door contract 22(1)\n\nelectricity ombudsman 31C(1)\n\nelectricity ombudsman scheme 31C(1)\n\nfirst contract 15(4), 15(6)\n\nfixed term contract 32A, 33(1)\n\nform of identification 26(3)\n\nmeter 3\n\nnetwork equipment 3\n\nnon-standard contract 3\n\nprice 3\n\nprovision 3\n\nrelevant corporation 40(1)\n\nresidential customer 3\n\nretailer 3\n\nretail licensee 3\n\nsection 3\n\nsecurity deposit 3, 31F(1)\n\nstandard form contract 3\n\nsupply 3\n\nsupply premises 3\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Regulations have expanded beyond basic contract‑format rules into a more detailed consumer‑protection framework. Later amendments (notably the 2016 and substantive 2022 changes) introduced a detailed security deposit regime (regs 31A–31I and corresponding non‑standard provisions), benefit‑change notice requirements (r. 12), identification requirements for standard form contracts (r. 22), explicit trust‑account and interest rules for deposits (r. 31E), and clearer timing/notice rules for fixed‑term contracts (r. 34A). These additions move the instrument from primarily prescribing contract content and process to imposing substantive financial, operational and disclosure obligations on retailers and distributors, increasing regulatory scope and administrative burden."},"complexity_factors":["Multiple Parts and Divisions (6 Parts with subdivisions for standard form and non‑standard contracts).","Approximately 33 defined terms appearing throughout the regulations and a separate defined‑terms list.","Frequent cross‑references to the Electricity Industry Act 2004 (sections such as 47, 54, 78, 92) and to other instruments (Electricity Industry Customer Transfer Code 2004; Obligation to Connect regulations).","Numerous timing windows and notice periods (e.g. 5 days, 10 business days, 20–40 business days, 10 business days for repayment) that must be tracked precisely (rr. 12, 22, 32, 34A, 31G).","Nested conditional rules and exceptions (for example, security deposit eligibility limited by unpaid bills, fraud, or retailer's credit assessment with additional disclosure duties) (rr. 31C(3)–(6)).","Technical financial requirements for deposits (trust account, interest calculation tied to BBSW, capitalisation rules) requiring accounting processes (r. 31E).","Different rules for residential vs non‑residential customers and for standard form vs non‑standard contracts (rr. 31B, 34B, Parts 3 and 4).","Licence‑condition enforcement points and deemed‑contract mechanics add administrative complexity for distributors and default suppliers (rr. 36–38, 40).","Recent insertions and amendments (multiple updates including 2016 and substantial 2022 amendments) that add new requirements and definitions (e.g. regs inserted SL 2022/103)."],"plain_english_summary":"**What these regulations do (in plain English)**\n\n- These Regulations set minimum rules for contracts between electricity retailers (the businesses that sell electricity) and customers in Western Australia. They tell retailers what must appear in their contracts, what behaviour they must follow when selling electricity, and what protections some customers get. (Regulations appear by number in parentheses.)\n\n- The rules apply differently to two kinds of supply contracts: standard form contracts (the retailer's usual, pre‑prepared contract) and non‑standard contracts (individually negotiated or fixed‑term agreements). A number of protections only apply to contracts entered into from 31 March 2006 onwards (r. 4).\n\nWho is affected\n\n- Retailers (retail licensees): must prepare contracts that meet format, disclosure and process rules (Part 2; Part 3 for standard form; Part 4 for non‑standard).\n- Distributors (the network operators) have duties to identify the default supplier for a connection point (Part 5).\n- Customers: residential and non‑residential customers are covered, but residential customers get special protection against security deposits (rr. 31B, 34B).\n- Default suppliers: if someone takes electricity without signing a contract, the supply is treated as occurring under the default supplier's standard form contract and that supplier must notify the customer (rr. 36–38).\n\nKey mechanical requirements (what the law makes happen)\n\n- Contract content and clarity: every customer contract must be easy to read, use clear language, state start/finish dates, identify the retailer (name, ABN/ACN, contact details) and describe exactly what goods/services and prices the retailer will provide or charge (rr. 5–9, 13).  \n\n- Billing, prices and notices: contracts must explain how prices are published and varied, how bills are prepared and reviewed, and how customers will be told about changes including certain benefit changes (r. 12; r. 13; r. 14).\n\n- Disconnection, reconnection and termination: contracts must list when retailers can disconnect and must describe reconnection circumstances; they must set out termination processes and any fees (r. 11; r. 15). A contract can allow termination if the customer is insolvent, goes into liquidation or (for large users) consumes more than 160 MWh in 12 months (r. 15(2)).\n\n- Amendment and assignment: standard form contracts must say they may be amended without the customer’s consent; non‑standard contracts must state when amendments occur and retailers must notify customers of amendments (r. 16; r. 34). Contracts must spell out when either party’s rights/obligations can be assigned (r. 17).\n\n- Consumer processes: contracts must describe complaint handling, confidentiality/privacy practices and how notices are given, and they cannot override the industry code of conduct or make unenforceable provisions that attempt to do so (rr. 18–21).\n\n- Standard form contract specifics: retailers may require ID before entering a standard form contract; customers can give 5 days’ notice to end a standard form contract; retailers must explain meter testing, access rules and final billing practices; standard form contracts must cover payment difficulty and debt collection (rr. 22–31).\n\n- Security deposits (main rules): residential customers cannot be required to pay security deposits (rr. 31B, 34B). For non‑residential customers, a retailer must say whether a deposit is required, limit who may be asked for a deposit (e.g. only where there is unpaid debt, recent fraud/theft, or an unsatisfactory credit history), cap the deposit at 37.5% of estimated 12‑month bills, hold deposits in a separate trust account, pay interest at the bank bill swap rate (BBSW), and repay deposits within 10 business days after defined events (rr. 31C–31I, 31D–31G).\n\n- Non‑standard / fixed‑term contracts: customers have a 10 business day cooling‑off right after entering a non‑standard contract (r. 32). For non‑standard (not fixed term) customers may give 5 days’ notice to terminate; fixed‑term contracts must allow 20 days’ notice and must state any early‑termination penalty (r. 33). Fixed‑term contracts must notify customers 20–40 business days before expiry about options and post‑expiry terms (r. 34A).\n\n- Deemed supply and default supplier rules: if a customer starts taking electricity without a contract, they are treated as supplied under the default supplier’s standard form contract; the default supplier must inform them in writing within 5 days (rr. 36–38). Distributors are required to determine the default supplier for each connection point (r. 36).\n\n- Offer to supply: retailers must offer supply under a standard form contract to customers who request supply (r. 40), subject to limited exceptions (e.g. premises not connectable, or the customer owing money unless an agreed payment plan exists).\n\nWhy the rules matter (official purpose, and how the rules achieve it)\n\n- The regulations are expressed as consumer‑protection and market‑order measures: they require clear disclosure of prices and contract terms (rr. 5, 13), limit upfront security demands on residential customers (rr. 31B, 34B), provide cooling‑off rights and notice periods (rr. 32, 34A), and set processes for disconnection, reconnection and debt recovery (rr. 11, 31). They also create a default supply mechanism so someone moving into premises without a contract still has defined supply and protections (rr. 36–38).\n\nTesting those purpose claims against costs, incentives and trade‑offs (mechanical consequences)\n\n- Who pays and who bears risk: residential deposit bans transfer credit risk and working capital cost of unpaid bills from residential customers to retailers (rr. 31B, 34B). Retailers must therefore price that risk into tariffs or require other risk mitigation from non‑residential customers.\n\n- Compliance and administrative cost: retailers must maintain contract templates, publish prices and variation processes, run separate trust accounts for deposits, calculate and capitalise interest at BBSW, implement ID checks for standard form contracts, track timing windows for notices (e.g. 5 days, 10 business days, 20–40 business days) and manage repayments within 10 business days — these are concrete administrative and accounting burdens (rr. 5, 13, 22, 31E, 31G, 12, 34A).\n\n- Effects on competition and entry: the deemed contract rule (r. 37) plus the distributor’s role in naming the default supplier (r. 36) can deter a customer from seeking an alternative retailer until transfer processes run. The obligation to offer a standard form contract (r. 40) ensures basic access but the exceptions (e.g. outstanding debt) constrain offers to some customers.\n\n- Incentives and gaming risks: deposit caps (r. 31D) and the permitted grounds for asking for a deposit (r. 31C(4)) create incentives for retailers to classify customers as non‑residential or to use credit assessments (r. 31I). The rules also allow retailers to amend standard form contracts without consent (r. 16(1)) which shifts some contractual risk to customers while requiring disclosure of amendment processes (r. 16(2)).\n\n- Implementation risk and discretion: terms like \"reasonably decides\" an \"unsatisfactory credit history\" (r. 31C(4)(c)) leave judgment to retailers and may generate disputes. The requirement to pay interest based on BBSW (r. 31E(3)) requires correct financial calculations and record keeping.\n\n- Concentrated benefits and diffuse costs: protections (deposit bans, cooling off, notice windows) concentrate benefits on consumers, while compliance and capital costs fall on retailers and ultimately may be passed to all customers through prices.\n\nPractical takeaways (who decides and what behaviour changes)\n\n- Retailers decide: contract wording, whether to require a deposit from non‑residential customers (within statutory limits), whether to run credit checks (r. 31I) and when to disconnect under the contract (rr. 15, 31H).\n- Customers decide: whether to accept a non‑standard contract (with a 10 business day cooling‑off right), whether to request supply under a standard form contract, and whether to exercise transfer or termination rights (rr. 32, 33, 37–38).\n\n- Behaviour likely to change: retailers will formalise contract templates, operate deposit trust accounts and credit assessment processes; residential customers gain protection from deposit demands and have clearer notice rights; non‑residential customers face more explicit deposit and credit rules.\n\nRelevant provisions summarised in place (examples): r. 5 (format), r. 12 (benefit change notice), rr. 31B–31I (security deposit regime), r. 32 (cooling off), rr. 36–38 (default supplier/deemed contract), r. 40 (obligation to offer standard form contract).\n\n(References in parentheses are to the regulation numbers cited above.)"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. The page returned a system error indicating the URL has changed due to website upgrades. No comparison between original intent and enacted provisions is possible."},"complexity_factors":["No legislative content was retrievable — the source URL returned an error page rather than the actual legislation","Cannot assess complexity of provisions, definitions, cross-references, or technical drafting without access to the document","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"The Electricity Industry (Customer Contracts) Regulations 2005 (WA) is a subordinate law governing contracts between electricity providers and their customers in Western Australia. The 2005 date means the instrument may have been amended or repealed; it matters because it shapes customer rights and provider obligations in the retail electricity market.\n\nThe source page is currently inaccessible; search the WA legislation site or contact the Parliamentary Counsel’s Office or the Economic Regulation Authority to obtain the current text."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2005 regulations established basic contract requirements. However, significant amendments in 2022 (SL 2022/103) expanded the scope considerably. New provisions were added regarding 'benefit changes' (regulation 12), requiring retailers to notify customers of expiring discounts 20-40 business days in advance. The 2022 amendments also introduced detailed requirements for fixed-term contract expiry notifications (regulation 34A), enhanced identification requirements (regulation 22), and strengthened privacy protections (regulation 19). Additionally, the security deposit regime (Division 2 of Part 3) was substantially elaborated with trust account requirements, interest calculations based on bank bill swap rates, and detailed repayment obligations. The legislation has evolved from simple contract formatting rules into a comprehensive consumer protection framework governing the entire lifecycle of electricity supply relationships."},"complexity_factors":["Bifurcated structure with parallel but slightly different rules for standard form contracts (Part 3) and non-standard contracts (Part 4), requiring cross-comparison","18 defined terms in regulation 3, plus additional local definitions in Parts 3, 4, and 5 (e.g., 'acceptable identification', 'bank bill swap rate', 'fixed term contract')","Nested conditional logic in security deposit provisions (regulations 31C–31I and 34C), with multiple exceptions for residential customers vs. business customers","Cross-references to external instruments: Electricity Industry Act 2004, Electricity Industry Customer Transfer Code 2004, Electricity Industry (Obligation to Connect) Regulations 2005, and the code of conduct","Temporal carve-outs and transitional provisions (e.g., regulation 4 exempting pre-31 March 2006 contracts; regulation 39 creating exception for section 54(1))","Detailed procedural requirements with specific timeframes (e.g., 5 days, 10 business days, 20 business days, 40 business days, 2 years, 12 months, 90 days)","Incorporation by reference in regulation 34C(4), which imports regulations 31C, 31E, 31H and 31I into Division 2 of Part 4 with modified application"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the rules for contracts between electricity retailers and their customers in Western Australia. They ensure that when you sign up for electricity (or are automatically signed up), the contract is fair, clear, and protects your rights.\n\n**Key things the rules cover:**\n\n*   **Plain language:** All contracts must be easy to read and written in simple English (regulation 5).\n*   **Two types of contracts:**\n    *   **Standard form contracts:** These are \"take it or leave it\" contracts offered to everyone on the same terms. You can leave these at any time with 5 days' notice (regulation 23).\n    *   **Non-standard contracts:** These are negotiated individually (often for businesses). They have a 10-day \"cooling-off period\" where you can change your mind (regulation 32), and if they're for a fixed term, you need 20 days' notice to leave and may pay a penalty (regulation 33).\n*   **What must be in every contract:**\n    *   Who the retailer is and how to contact them (regulation 7)\n    *   Exactly what you're paying for (regulation 8)\n    *   Prices and how they can change (regulation 13)\n    *   How billing works (regulation 14)\n    *   How to complain (regulation 18)\n    *   How your personal information is protected (regulation 19)\n    *   When the retailer can cut off your power and must reconnect it (regulation 11)\n*   **Security deposits:** Retailers can ask some customers (but **never** residential customers) for a security deposit if they have bad credit or owe money. The deposit can't exceed 37.5% of estimated yearly bills, must be kept in a trust account, and earns interest (regulations 31A–31I and 34B–34C).\n*   **Deemed contracts:** If you move into a property and start using electricity without signing a contract, you're automatically on a \"deemed contract\" with the \"default supplier\" for that area (regulations 35–38). The retailer must tell you about this within 5 days.\n*   **No dodgy terms:** Retailers can't include terms that override the industry code of conduct unless the code specifically allows it (regulation 21).\n\n**Who it affects:**\n\n*   **Residential customers:** People using electricity at home. They get extra protections (no security deposits, easy exit from standard contracts).\n*   **Business customers:** Commercial users who may have to provide ID, pay security deposits, and face different termination rules.\n*   **Electricity retailers:** Companies selling electricity (like Synergy or Horizon Power) who must follow these rules or risk breaching their licence.\n\n**Why it matters:**\n\nThese regulations prevent electricity companies from using confusing contracts, hidden fees, or unfair disconnection practices. They ensure you know what you're signing, can compare deals easily, and can't be trapped in contracts with unfair exit fees. The rules also protect vulnerable customers by restricting when retailers can demand upfront payments."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-industry-customer-contracts-regulations-2005","history":"/api/acts/electricity-industry-customer-contracts-regulations-2005/history","analysis":"/api/acts/electricity-industry-customer-contracts-regulations-2005/analysis","conflicts":"/api/acts/electricity-industry-customer-contracts-regulations-2005/conflicts","importantCases":"/api/acts/electricity-industry-customer-contracts-regulations-2005/important-cases","documents":"/api/acts/electricity-industry-customer-contracts-regulations-2005/documents"}}