Div 1Preliminary

Division 1—Preliminary 22—Application (1) The following provisions apply in relation to the application of this Part to a regulated entity authorised to sell electricity by retail (whether or not the entity is required to hold a licence under the Act): (a) this Part applies in a calendar year to a regulated entity if, as at 30 June in the preceding year, the regulated entity sold electricity as a retailer to a number of residential customers within South Australia equal to or greater than the threshold set for the purposes of this paragraph; (b) without derogating from paragraph (a), this Part, other than regulation 25 or 27, applies in a calendar year to a regulated entity if, during the preceding financial year, the regulated entity purchased a quantity of electricity, excluding designated electricity purchases, equal to or greater than the threshold set for the purposes of this paragraph for retailing to customers within South Australia. (2) For the purposes of subregulation (1)(a) and (b), the Minister must, by notice in the Gazette, set the relevant thresholds for a 5 year period at the time of setting the annual energy productivity targets for the purposes of this Part. (3) This regulation applies subject to the operation of regulations 26(5) and 27(4). designated electricity purchase means a purchase of electricity of a kind determined by the Minister by notice in the Gazette; residential customer means a small customer— (a) who acquires electricity primarily for domestic use; and (b) who satisfies other criteria (if any) determined by the Commission for the purposes of this definition. 23—Interpretation (1) In this Part, unless the contrary intention appears— energy credit, in relation to energy productivity activities, means the difference between the amount of normalised gigajoules actually achieved by a retailer in a year through the conduct or acquisition of energy productivity activities under this Part and the EPT that applies to the retailer for that year (if the difference is positive); energy productivity activity means an activity or measure determined by the Minister under regulation 28 to be an energy productivity activity for the purposes of this Part; EPT—see regulation 24; priority group household means residential premises in which a person of a class determined by the Minister for the purposes of these regulations resides; relevant electricity retailer means a regulated entity within the ambit of regulation 22(1); relevant gas retailer means a relevant gas retailer within the meaning of Part 4 of the Gas Regulations 2012; retailer means a relevant electricity retailer or a relevant gas retailer. (2) For the purposes of this Part, an energy productivity activity undertaken in accordance with this Part will be taken to have been undertaken on the day on which the activity is reported to the Commission under regulation 33.