Part 7Special provisions relating to small customers

Part 7—Special provisions relating to small customers 40—Interpretation In this Part— business day means a day other than a Saturday, Sunday or public holiday; default contract means a retail contract under which an electricity entity to which section 36AB of the Act applies sells electricity at the entity's default contract price and subject to the entity's default contract terms and conditions; default contract price and default contract terms and conditions have the same respective meanings as in section 36AB of the Act; excluded area means an area— (a) that is not served by the same continuous network for the transmission and distribution of electricity that serves Adelaide; or (b) that is for the time being determined by the Minister to be an excluded area; market contract means a retail contract other than a standing contract or default contract; standing contract means a retail contract under which an electricity entity to which section 36AA of the Act applies sells electricity at the entity's standing contract price and subject to the entity's standing contract terms and conditions; standing contract price and standing contract terms and conditions have the same respective meanings as in section 36AA of the Act. 41—Exemption from standing contract condition An electricity entity to which section 36AA of the Act applies is exempt from the application of subsection (2) of that section in relation to the sale of electricity to be supplied through a particular connection point if— (a) the connection point is situated within an excluded area; or (b) the customer is bound to receive electricity supply through the connection point under a market contract. 42—Provisions relating to default contracts (1) If a person receives electricity supply through a connection point otherwise than under a retail contract— (a) that person; and (b) the electricity entity that was last a party to a retail contract in relation to that connection point, become parties to a default contract in relation to that connection point for the purposes of section 36AB(2) of the Act. (2) Subregulation (1) does not apply in relation to a connection point situated within an excluded area. (3) The default contract continues until— (a) the customer becomes a party to a market contract or standing contract (whether with the same entity or some other electricity entity) in relation to the connection point; or (b) some other person becomes a party to a retail contract in relation to the connection point. (4) On the electricity entity becoming aware that it has become a party to the default contract, the entity must, within 5 business days, give the customer a written notice setting out the terms and conditions of the default contract and describing, in general terms, the other contractual options that may be available to the customer for the purchase of electricity. (5) The electricity entity must, in giving notice under subregulation (4), comply with any requirements imposed by a code made by the Commission under the Essential Services Commission Act 2002, relating to the contents of the notice or the manner in which the notice is to be given. (6) For the purposes of paragraph (b) of the definition of default contract price in section 36AB(3) of the Act, the prescribed period is— (a) if the price fixed as the default contract price by the entity by the notice referred to in that paragraph is the same as the price that will be in force as the standing contract price (whether or not for the same entity) 14 days from the date of publication of that notice—14 days; or (b) in any other case—28 days.