39Deemed contracts for supply and sale for relevant customers

39 Deemed contracts for supply and sale for relevant customers (1) If a relevant customer commences to take supply of electricity at premises from the relevant licensee without having entered into a supply and sale contract with that licensee, there is deemed, on the commencement of that supply, to be a contract between that licensee and that customer for the supply and sale of electricity— S. 39(1)(a) substituted by No. 91/2004 s. 12(1). (a) at the tariffs and on the terms and conditions determined and published by that licensee under section 35; and S. 39(1)(b) amended by No. 75/2004 s. 21(1). (b) on the conditions decided and provided for by the Commission under subsection (5). (2) If a relevant customer— (a) commences to take supply of electricity at premises under a supply and sale contract with the relevant licensee; and (b) that customer cancels the supply and sale contract within the cooling-off period relating to the contract; and (c) that customer continues to take electricity from that licensee without entering into a further supply and sale contract with that licensee— there is deemed, on the cancellation of the supply and sale contract, to be a contract between that licensee and that customer for the supply and sale of electricity— S. 39(2)(d) substituted by No. 91/2004 s. 12(2). (d) at the tariffs and on the terms and conditions determined and published by that licensee under section 35; and S. 39(2)(e) amended by No. 75/2004 s. 21(1). (e) on the conditions decided and provided for by the Commission under subsection (5). (3) A deemed contract under subsection (2) is deemed to commence on the commencement of supply referred to in subsection (2)(a). S. 39(4) substituted by No. 72/2010 s. 48(Sch. item 8(9)). (4) If a supply and sale contract referred to in subsection (2)(a) is an unsolicited consumer agreement, sections 84 and 85 of the Australian Consumer Law (Victoria) do not apply on the cancellation of that contract. S. 39(5) amended by No. 75/2004 s. 21(2). (5) Without limiting the generality of section 20, the Commission may decide, and provide for in the licence of a licensee, conditions setting out— (a) circumstances in which a licensee must continue to supply or sell electricity to a customer to whom the licensee supplies or sells electricity under a deemed contract under this section after that contract comes to an end in accordance with subsection (7)(d) or (e); and (b) events on the happening of which a deemed contract under this section may come to an end. (6) A condition referred to in subsection (5)(a) must provide for the tariff or tariffs and the terms and conditions for the continued supply or sale of electricity to be determined by the licensee. S. 39(6A) inserted by No. 91/2004 s. 12(3). (6A) A person who is a relevant customer may be a party to a deemed contract under this section even if the person has previously been a party to a contract for the supply or sale of electricity to different premises on different terms and conditions with the same licensee or another licensee. (7) A deemed contract under this section comes to an end— (a) if the contract is terminated; or (b) if the customer enters into a new contract for the purchase of electricity from the licensee in respect of the same premises, on the date of taking effect of that new contract; or (c) if the customer transfers to become the customer of another licensee; or (d) at the end of 180 days after the day on which the deemed contract commences; or S. 39(7)(da) inserted by No. 28/2021 s. 7. (da) if the supply of electricity at the premises is disconnected in accordance with section 40SQ; or S. 39(7)(e) amended by No. 75/2004 s. 21(1). (e) on the happening of an event decided and provided for by the Commission under subsection (5)(b)— (8) Subsection (1) does not apply where the relevant customer referred to in that subsection commences to take the supply of electricity by fraudulent or illegal means. (9) Subsection (2) does not apply where the relevant customer referred to in that subsection takes the supply of electricity by fraudulent or illegal means after the cancellation of the supply and sale contract referred to in subsection (2)(a). (10) In this section— S. 39(10) def. of *cooling-off period* amended by Nos 106/2003 s. 22(5), 72/2010 s. 48(Sch. item 8(10)(a)). ***cooling-off period*** means the period within which a relevant customer is entitled under a supply and sale contract or section 82 of the Australian Consumer Law (Victoria) to cancel the contract; ***relevant customer*** has the same meaning as in section 36; ***relevant licensee***, in relation to premises, means the licensee who is responsible for the electricity supplied at those premises for the purposes of settlement of the wholesale electricity market; S. 39(10) def. of *supply and sale contract* amended by No. 72/2010 s. 48(Sch. item 8(10)(b)), repealed by No. 28/2021 s. 4. S. 39(10) def. of *unsolicited consumer agreement* inserted by No. 72/2010 s. 48(Sch. item 8(10)(c)). ***unsolicited consumer agreement*** has the same meaning as in section 69 of the Australian Consumer Law (Victoria). S. 39(11) amended by Nos 40/2003 s. 19, 91/2004 s. 12(4), 55/2007 s. 11, repealed by No. 59/2008 s. 13. S. 39A inserted by No. 59/2008 s. 14.