36Terms and conditions of contracts for sale of electricity to certain customers

36 Terms and conditions of contracts for sale of electricity to certain customers

S. 36(1) amended by No. 37/2020 s. 8(1).

(1) Subject to subsection (1B), a term or condition in a contract for the supply or sale of electricity by a licensee to a relevant customer (whether entered into before or after the commencement of this section) is void to the extent that it is inconsistent with—

S. 36(1)(a) amended by Nos 62/2001 s. 70(d), 75/2004 s. 19.

(a) terms and conditions decided by the Commission that—

(i) specify the circumstances in which the supply of electricity to premises may be disconnected; and

S. 36(1)(a)(ii) amended by No. 62/2001 s. 70(d).

(ii) require the licensee to provide information specified by the Commission about the rights and entitlements of customers; and

(iii) specify the circumstances in which the licensee requires access to premises of customers for the purpose of reading meters or otherwise; and

S. 36(1)(a)(iiia) inserted by No. 6/2019 s. 5.

(iiia) specify the circumstances in which the licensee may, or must not, offer or give a discount or other benefit to a relevant customer, including—

(A) the maximum amount or value of a discount or other benefit that may be offered or given to a relevant customer; and

(B) the periods when a discount or other benefit may be offered or given to a relevant customer; and

S. 36(1)(a)(iiib) inserted by No. 6/2019 s. 5.

(iiib) specify a period during which the licensee must not vary the tariffs applying under the contract unless exempted to do so by the Commission; and

(iv) make provision for confidentiality of customer information; and

S. 36(1)(b) amended by Nos 62/2001 s. 70(d), 75/2004 s. 19, 41/2021 s. 47(1)(a).

(b) any other terms and conditions decided by the Commission and provided for in the licence of the licensee; and

S. 36(1)(c) inserted by No. 41/2021 s. 47(1)(b).

(c) a provision of a Code of Practice.

S. 36(1A) inserted by No. 91/2004 s. 8(1).

(1A) In deciding terms and conditions that specify the circumstances in which the supply of electricity to premises may be disconnected, the Commission must have regard to—

(a) the essential nature of the electricity supply; and

(b) community expectations that ongoing access to electricity supply will be available; and

(c) the principle that the electricity supply to premises should only be disconnected as a last resort.

S. 36(1AB) inserted by No. 41/2021 s. 47(2).

(1AB) The Commission must not decide a term or condition under subsection (1)(a) or (b) that is inconsistent with—