59Acceptance of quotation of OTN in relation to a single supply

#### 59 Acceptance of quotation of OTN in relation to a single supply Scope (1) This section applies if a person (the OTN holder) makes a quotation of the OTN holder’s OTN to a gaseous fuel supplier in relation to a single supply. Acceptance of quotation of OTN (2) If the OTN holder is permitted (but not required) by this Act (other than section 57, 58 or 58AB) to quote the OTN holder’s OTN in relation to the supply, the gaseous fuel supplier may, by written notice given to the OTN holder, accept the quotation. (3) If: (a) the OTN holder is permitted by section 57 or 58 to quote the OTN holder’s OTN in relation to the supply; and (b) the OTN holder, by written notice given to the gaseous fuel supplier, declares that the quotation is a quotation under section 57 or 58, as the case may be; the gaseous fuel supplier must, by written notice given to the OTN holder, accept the quotation. (3A) If: (a) the OTN holder is permitted by section 58AB to quote the OTN holder’s OTN in relation to the supply; and (b) the conditions specified in the regulations are satisfied; the gaseous fuel supplier must, by written notice given to the OTN holder, accept the quotation. (3B) If: (a) the OTN holder is permitted by section 58AB to quote the OTN holder’s OTN in relation to the supply; and (b) subsection (3A) does not apply; the gaseous fuel supplier may, by written notice given to the OTN holder, accept the quotation. (4) If: (a) the OTN holder is required by section 55B or 58AA to quote the OTN holder’s OTN in relation to the supply; and (b) the OTN holder, by written notice given to the gaseous fuel supplier, declares that the quotation is a mandatory quotation under section 55B or 58AA; the gaseous fuel supplier must, by written notice given to the OTN holder, accept the quotation. (5) A notice given by the gaseous fuel supplier under subsection (2), (3), (3A), (3B) or (4) must set out: (a) the words “acceptance of quotation of OTN” followed by the OTN; and (b) the name of the OTN holder; and (c) if the OTN holder has an ABN—the ABN; and (d) a description of the supply; and (e) the name of the gaseous fuel supplier; and (f) if the gaseous fuel supplier has an ABN—the ABN; and (g) such other information (if any) as is specified in the regulations. (6) A notice under subsection (2), (3), (3A), (3B) or (4) may be included in a contract, order or similar document, whether or not in electronic form. (7) If the gaseous fuel supplier does not accept the quotation, this Act (other than this section) has effect as if the OTN holder had not quoted the OTN holder’s OTN in relation to the supply. Civil penalty provisions (8) Subsections (3), (3A) and (4) are civil penalty provisions. > Note: Part 17 provides for pecuniary penalties for breaches of civil penalty provisions.