sec.11End of entitlement to refund of levy

sec.11 End of entitlement to refund of levy

The entitlement to a refund of a levy amount under part 7, division 8 of the repealed Act ends— for an entitlement relating to a claim that a customer sale arrangement is, or has been for a particular period, an exempt customer sale arrangement—if, before 1 July 2012, the relevant customer— has not given the relevant electricity retailer for the arrangement a notice under section 90(2) or 90A(2) of the repealed Act; or has not been taken, under section 99 of the repealed Act, to have given the electricity retailer a notice under section 90 (2) of that Act; or for an entitlement relating to a power card arrangement to which section 92 of the repealed Act applies—if the responsible person has not given the relevant electricity retailer, or owner, for the arrangement a notice under section 92(2) or (3) of the repealed Act before 1 July 2012; or for an entitlement relating to a power card arrangement to which section 92B of the repealed Act applies—if the responsible person has not given the owner for the arrangement a notice under section 92B(1)(d) of the repealed Act before 1 July 2012; or for an entitlement relating to an on-supply arrangement to which section 94 of the repealed Act applies—if the responsible person has not given the on-supplier for the arrangement a notice under section 94(2) of the repealed Act before 1 July 2012. To remove any doubt, it is declared, for a person claiming a refund under section 107 or 107A of the repealed Act, that— if the 1 year mentioned in section 107(5)(a) or 107A(5)(a) of the repealed Act (the 1-year limit ) has elapsed and the person has not claimed the refund under the section, subsection (1) does not operate to extend the person’s entitlement to a refund under the section; and if the 1-year limit has not elapsed and the person has not claimed the refund under the section before 1 July 2012, the entitlement to the refund ends under subsection (1) despite the section. Also, to remove any doubt, it is declared that sections 117(3), 122(3) and 124A(2) of the repealed Act apply subject to this section. In this section— responsible person means— for a power card arrangement—the person who has direct knowledge of the circumstances causing the power card arrangement to be, or to have been, an exempt power card arrangement; or for an on-supply arrangement—the person who has direct knowledge of the circumstances causing the on-supply arrangement to be, or to have been, an exempt power on-supply arrangement. (sec.11-ssec.1) The entitlement to a refund of a levy amount under part 7, division 8 of the repealed Act ends— for an entitlement relating to a claim that a customer sale arrangement is, or has been for a particular period, an exempt customer sale arrangement—if, before 1 July 2012, the relevant customer— has not given the relevant electricity retailer for the arrangement a notice under section 90(2) or 90A(2) of the repealed Act; or has not been taken, under section 99 of the repealed Act, to have given the electricity retailer a notice under section 90 (2) of that Act; or for an entitlement relating to a power card arrangement to which section 92 of the repealed Act applies—if the responsible person has not given the relevant electricity retailer, or owner, for the arrangement a notice under section 92(2) or (3) of the repealed Act before 1 July 2012; or for an entitlement relating to a power card arrangement to which section 92B of the repealed Act applies—if the responsible person has not given the owner for the arrangement a notice under section 92B(1)(d) of the repealed Act before 1 July 2012; or for an entitlement relating to an on-supply arrangement to which section 94 of the repealed Act applies—if the responsible person has not given the on-supplier for the arrangement a notice under section 94(2) of the repealed Act before 1 July 2012. (sec.11-ssec.2) To remove any doubt, it is declared, for a person claiming a refund under section 107 or 107A of the repealed Act, that— if the 1 year mentioned in section 107(5)(a) or 107A(5)(a) of the repealed Act (the 1-year limit ) has elapsed and the person has not claimed the refund under the section, subsection (1) does not operate to extend the person’s entitlement to a refund under the section; and if the 1-year limit has not elapsed and the person has not claimed the refund under the section before 1 July 2012, the entitlement to the refund ends under subsection (1) despite the section. (sec.11-ssec.3) Also, to remove any doubt, it is declared that sections 117(3), 122(3) and 124A(2) of the repealed Act apply subject to this section. (sec.11-ssec.4) In this section— responsible person means— for a power card arrangement—the person who has direct knowledge of the circumstances causing the power card arrangement to be, or to have been, an exempt power card arrangement; or for an on-supply arrangement—the person who has direct knowledge of the circumstances causing the on-supply arrangement to be, or to have been, an exempt power on-supply arrangement.