Competition and Consumer (Industry Code—Electricity Retail) Regulations 2019
13AKeeping records
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13A Keeping records
Scope of this section (1) This section applies if, during a financial year: (a) an electricity retailer communicates to a small customer of a particular type the electricity retailer’s prices (the offered prices) for supplying electricity in a distribution region to a small customer of that type; and (b) both: (i) a model annual usage; and (ii) a reference price; are in force for the year in relation to the supply. (2) The electricity retailer must: (a) make a record of the following: (i) the content of the communication; (ii) the date of the communication; (iii) how the retailer calculated or estimated the matters mentioned in paragraphs 12(3)(a), (b) and (c) and subsection 13(2) (whichever are applicable) in relation to the offered prices; and (b) keep the record for 6 years from the end of the financial year in which the communication is made.
Civil penalty: 300 penalty units.
(3) The record is not required to contain: (a) the name or contact details of a small customer; or (b) personal information about a small customer who is an individual. Communications based on a single template or script (4) The electricity retailer may make a single record under paragraph (2)(a) in relation to 2 or more communications of the offered prices (whether to the same small customer, or to different small customers of the same type in the same distribution region) if the communications are: (a) made during the same financial year; and (b) based on a single template or script; and (c) substantially identical in content and form (apart from being made to different small customers). (5) A record made in accordance with subsection (4): (a) is taken to meet the requirement of subparagraph (2)(a)(i) if it records so much of the contents of the communications as are identical; and (b) is taken to meet the requirement of subparagraph (2)(a)(ii) if it records the first and last dates on which the communications were made.