40ERegulation of pre-payment meters

40E Regulation of pre-payment meters (1) The Governor in Council may by Order published in the Government Gazette prohibit or regulate the implementation by a licensee of a pre-payment meter scheme in respect of the licensee's small retail customers. (2) An Order under subsection (1) regulating the implementation of a pre-payment meter scheme may specify terms and conditions applying to that scheme. (3) An Order under subsection (1) has effect from the date specified in the Order. S. 40E(4) repealed by No. 41/2021 s. 50. (5) This section applies despite anything to the contrary in any terms and conditions that form part or are deemed by this Act to form part of the contract between a licensee and a small retail customer. (6) The Minister must cause a copy of each Variation Order to be laid before each House of Parliament within 6 sitting days of that House following the making of the Order. (7) A Variation Order is subject to disallowance by a House of Parliament, and sections 23, 24 and 25 of the **Subordinate Legislation Act 1994** apply as if the Variation Order were a statutory rule within the meaning of that Act. (8) In this section— ***pre-payment meter*** means a meter that allows electricity to be sold or supplied under an arrangement that allows the customers to make full payment for the electricity before it is consumed; ***Variation Order*** means an Order made in substitution for or amending or revoking an Order made under subsection (1). S. 40EA inserted by No. 28/2021 s. 5 (as amended by No. 41/2021 s. 93). 40EA Prohibition on save and win-back offers (1) This section applies if a retailer (a ***losing retailer***) is aware that the customer transfer process has commenced or has been completed in respect of a domestic customer of the losing retailer. When a domestic customer has a supply and sale contract with a retailer and enters into a supply and sale contract with another retailer, the new retailer initiates the customer transfer process and at the end of that process the customer's supply and sale contract with the losing retailer ends. (2) Without limiting the generality of section 20(2) or (3) or 21, but subject to this section, the conditions to which a licence to sell electricity held by a losing retailer is subject include a condition prohibiting the losing retailer from— (a) contacting the domestic customer during the prohibited period— (i) to make an offer to the domestic customer to renegotiate a supply and sale contract with the losing retailer and to terminate the supply and sale contract with another retailer; or (ii) to offer, or arrange the offer of, a benefit, privilege or service, including a bundled electricity and gas service, to the domestic customer for that customer to remain a customer of the losing retailer and to terminate the supply and sale contract with another retailer; or (iii) to make an offer to the domestic customer to enter into a new supply and sale contract with the losing retailer; or (iv) to offer, or arrange the offer of, a benefit, privilege or service, including a bundled electricity and gas service, to the domestic customer for that customer to enter into a new supply and sale contract with the losing retailer; or (b) requiring or permitting an employee or agent of the losing retailer to do a thing referred to in paragraph (a). (3) The losing retailer is not prohibited from contacting the domestic customer during the prohibited period for any other purpose, including— (a) in respect of any administrative or other matter resulting from or incidental to the customer transfer process; or (b) in respect of any fees or charges which are owed to the losing retailer by the domestic customer under the supply and sale contract with the losing retailer; or (c) responding to any query or question asked by the domestic customer; or (d) if the domestic customer has asked the losing retailer to do a thing described in subsection (2)(a), doing so or requiring or permitting an employee or agent of the losing retailer to do so; or (e) contacting the domestic customer as part of a general marketing campaign for the supply or sale of electricity, or the sale of a bundled electricity and gas service, other than by— (i) calling on the domestic customer at that customer's ordinary place of residence; or (ii) telephoning the domestic customer, irrespective of whether that customer is at their ordinary place of residence at the time of the telephone call. (4) For the purposes of subsection (3)(e), a general marketing campaign does not include a marketing campaign directed at only domestic customers who have entered into a supply and sale contract with another retailer. (5) A supply and sale contract continued or entered into as a result of any conduct prohibited under this section is of no effect. ***bundled electricity and gas service*** means the service of supplying electricity and gas to a domestic customer with a financial discount on one or both services or some other benefit given to the customer for contracting with the retailer for both electricity and gas, whether or not under the same contract; ***customer transfer process*** means the process under the National Electricity Rules of transferring, between retailers, a domestic customer's details, billing information and relevant supply details for the purpose of facilitating the operation of a supply and sale contract between the domestic customer and retailer; ***domestic customer*** has the same meaning as in section 41; ***prohibited period*** means the period— (a) starting from when the losing retailer becomes aware that the customer transfer process has commenced or has been completed in respect of a domestic customer of the losing retailer; and (b) ending— (i) at the end of the period after the customer transfer process is complete that is prescribed for the purposes of this subparagraph; or (ii) if there is no prescribed period, after a period of 6 months after the customer transfer process is complete. S. 40EB inserted by No. 28/2021 s. 5 (as amended by No. 41/2021 s. 93). 40EB Prohibition relating to door-to-door sales and cold-calling (1) Without limiting the generality of section 20(2) or (3) or 21, but subject to this section, the conditions to which a licence to sell electricity held by a retailer is subject include a condition prohibiting the retailer from— (a) calling on a domestic customer at the customer's ordinary place of residence for the purpose of negotiating a supply and sale contract or another contract of a kind that is prescribed; or (b) telephoning a domestic customer for the purpose of negotiating a supply and sale contract or another contract of a kind that is prescribed, irrespective of whether the customer is at their ordinary place of residence at the time of the telephone call; or (c) requiring or permitting an employee or agent of the retailer to do a thing referred to in paragraph (a) or (b). (2) A retailer is not prohibited from doing a thing referred to in subsection (1)(a), (b) or (c) if the domestic customer has given, to a person specified in subsection (4), express consent to being contacted by a retailer at the customer's ordinary place of residence or by telephone for the purpose of negotiating— (a) a supply and sale contract; or (b) another contract of a kind that is prescribed. (3) Without limiting subsection (2), the domestic customer has not given their express consent only because the customer has contacted the retailer, or an employee or agent of the retailer, in connection with an unsuccessful attempt by that retailer, employee or agent to contact the domestic customer. (4) The following persons are specified for the purposes of subsection (2)— (a) the retailer; (b) an employee or agent of the retailer; (c) a person who— (i) collects a domestic customer's contact details, irrespective of any relationship between that person and the retailer at the time that person collects those details; and (ii) gives those details to the retailer for the predominant purpose of enabling the retailer, or an employee or agent of the retailer, to negotiate a supply and sale contract or another contract of a kind that is prescribed. (5) A retailer is not prohibited from doing a thing referred to in subsection (1)(a), (b) or (c) if— (a) at the time the domestic customer is called on at their ordinary place of residence or is telephoned, the domestic customer has a supply and sale contract with the retailer; and (b) that conduct would not otherwise be prohibited under section 40EA. (6) A contract entered into as a result of any conduct prohibited under subsection (1) is of no effect. (7) For the purposes of section 53 of the **Essential Services Commission Act 2001**, a retailer does not contravene a civil penalty requirement that is the condition under subsection (1)(b) or (c) if— (a) the contravention by the retailer was by mistake; or (b) the retailer took reasonable precautions, and exercised due diligence, to avoid the contravention. (8) This section does not apply to a supply and sale contract of a kind that is prescribed. ***contact details*** means a domestic customer's residential address or telephone number; ***domestic customer*** has the same meaning as in section 41. Pt 2 Div. 5A (Heading and ss 40F–40N) inserted by No. 35/2007 s. 3. Division 5A—Terms and conditions for the purchase of small renewable energy generation electricity S. 40F inserted by No. 35/2007 s. 3. 40F Definitions (1) In this Division— *2006–2010 distribution pricing determination* inserted by No. 41/2009 s. 4(1). ***2006–2010 distribution pricing determination*** has the same meaning as in the **National Electricity (Victoria) Act 2005**; ***biomass energy generation facility*** means a generation facility that generates electricity by utilising energy from the combustion of— (a) biomass; or (b) biogas; S. 40F(1) def. of *declared scheme capacity day* inserted by No. 41/2009 s. 4(1). ***declared scheme capacity day*** means the day declared by notice under section 40FE; S. 40F(1) def. of *distributor obligation period* inserted by No. 41/2009 s. 4(1). ***distributor obligation period*** means the period— (b) ending on the day that is the last day a distribution company conveys any qualifying solar energy generation electricity along a distribution system operated by that distribution company; S. 40F(1) def. of *distributor TFiT obligation period* inserted by No. 64/2011 s. 3(1). ***distributor TFiT obligation period*** means the period— (b) ending on the day that is the last day a distribution company conveys any TFiT scheme electricity along a distribution system operated by that distribution company; *ESC determined general feed-in terms and conditions* inserted by No. 41/2009 s. 4(1). ***ESC determined general feed-in terms and conditions*** means prices, terms and conditions determined under section 40L(1)(a); *ESC determined premium solar feed-in terms and conditions* inserted by No. 41/2009 s. 4(1). ***ESC determined premium solar feed-in terms and conditions*** means terms and conditions determined under section 40L(1)(b); *ESC determined prices, terms and conditions* repealed by No. 41/2009 s. 4(5). *ESC determined TFiT scheme terms and conditions* inserted by No. 64/2011 s. 3(1). ***ESC determined TFiT scheme terms and conditions*** means terms and conditions determined under section 40L(1)(c); *ESC recom-mended general feed-in terms and conditions* inserted by No. 41/2009 s. 4(1). ***ESC recommended general feed-in terms and conditions*** means prices, terms and conditions recommended, and contained in, a report under section 40J(2A)(a); *ESC recom-mended premium solar feed-in terms and conditions* inserted by No. 41/2009 s. 4(1). ***ESC recommended premium solar feed-in terms and conditions*** means terms and conditions recommended, and contained in, a report under section 40J(2A)(b); *ESC recom-mended prices, terms and conditions* repealed by No. 41/2009 s. 4(5). *ESC recom-mended TFiT scheme terms and conditions* inserted by No. 64/2011 s. 3(1). ***ESC recommended TFiT scheme terms and conditions*** means terms and conditions recommended, and contained in, a report under section 40J(2A)(b); *general renewable energy feed-in terms and conditions* inserted by No. 41/2009 s. 4(1). ***general renewable energy feed-in terms and conditions*** has the meaning given by section 40FB; ***hydro generation facility*** means a generation facility that generates electricity by utilising the energy from moving water; *non-complying licensee* substituted by No. 41/2009 s. 4(2). ***non-complying licensee*** means— (a) a relevant licensee that has not complied with a condition set out in section 40FF(1) or 40G(1); or (b) a small retail licensee that has not complied with the condition set out in section 40FG(3); ***non-pool electricity*** means electricity that is supplied other than through the wholesale electricity market; S. 40F(1) def. of *premium solar feed-in credit* inserted by No. 41/2009 s. 4(1). ***premium solar feed-in credit*** has the meaning given by section 40FA(2)(a); S. 40F(1) def. of *premium solar feed-in tariff period* inserted by No. 41/2009 s. 4(1). ***premium solar feed-in tariff period***, for a qualifying customer, has the meaning given by section 40FC; S. 40F(1) def. of *premium solar feed-in tariff scheme* inserted by No. 35/2013 s. 3(3). ***premium solar feed-in tariff scheme*** means the amendments made to this Division by the **Electricity Industry Amendment (Premium Solar Feed-in Tariff) Act 2009**; S. 40F(1) def. of *premium solar feed-in tariff terms and conditions* inserted by No. 41/2009 s. 4(1). ***premium solar feed-in tariff terms and conditions*** has the meaning given by section 40FA; *publish* inserted by No. 41/2009 s. 4(1). ***publish***, for sections 40FF, 40FG and 40G, means publish— (a) in the Government Gazette; and (b) on the licensee's Internet site; S. 40F(1) def. of *qualifying customer* inserted by No. 41/2009 s. 4(1). ***qualifying customer***, of a relevant licensee or small retail licensee, means a person who— (a) purchases electricity from that relevant licensee or small retail licensee; and (b) engages in the generation of electricity— (i) at a property that the person occupies as their principal place of residence by means of one qualifying solar energy generating facility at the property; or (ii) at one or more properties— (A) that the person occupies, otherwise than as a place of residence, by means of one qualifying solar energy generating facility at each of those properties; and (B) at which the person's annual consumption rate of electricity is 100 megawatt hours or less; and (c) has been exempted by Order under section 17 from the requirement to hold a licence in respect of the generation of electricity for supply and sale; S. 40F(1) def. of *qualifying solar energy generating facility* inserted by No. 41/2009 s. 4(1), amended by No. 55/2010 s. 11(1). ***qualifying solar energy generating facility*** means a photovoltaic generation facility that— (a) has an installed or name-plate generating capacity of 5 kilowatts or less; and (b) is connected to a distribution system; S. 40F(1) def. of *qualifying solar energy generation electricity* inserted by No. 41/2009 s. 4(1). ***qualifying solar energy generation electricity*** means electricity that a qualifying customer generates and does not use; S. 40F(1) def. of *referred prices, terms and conditions* repealed by No. 41/2009 s. 4(5). S. 40F(1) def. of *referred terms and conditions* inserted by No. 41/2009 s. 4(1), amended by No. 35/2013 s. 3(1). ***referred terms and conditions*** means general renewable energy feed-in terms and conditions, premium solar feed-in tariff terms and conditions or TFiT scheme terms and conditions referred to the Commission under section 40I(1)(a) for assessment; S. 40F(1) def. of *relevant generator* amended by No. 41/2009 s. 4(3). ***relevant generator*** means— (a) a generation company; or (b) a person engaging in the generation of electricity for supply or sale that has been exempted by Order under section 17 from the requirement to hold a licence in respect of that activity; ***relevant licensee*** means a person that— (a) holds a licence to sell electricity; and (b) sells electricity to more than 5000 customers; S. 40F(1) def. of *scheme start day* inserted by No. 41/2009 s. 4(1). ***scheme start day*** means the day on which section 5 of the **Electricity Industry Amendment (Premium Solar Feed-in Tariff) Act 2009** comes into operation; ***small renewable energy generation electricity*** means non-pool electricity supplied by a relevant generator from a small renewable energy generation facility operated by that generator; *small renewable energy generation facility* amended by Nos 41/2009 s. 4(4), 64/2011 s. 3(2), 35/2013 s. 3(2). ***small renewable energy generation facility*** means a facility of the following kind, connected to a distribution system, that generates electricity and has an installed or name-plate generating capacity of less than 100 kilowatts— (a) a wind energy generation facility; (b) a solar energy generation facility; (c) a hydro generation facility; (d) a biomass energy generation facility; (e) a facility or class of facility specified for the purposes of this definition under subsection (2)— but does not include a qualifying solar energy generating facility or a TFiT scheme generating facility that is connected to a distribution system under the premium solar feed-in tariff scheme or TFiT scheme; *small retail licensee* inserted by No. 41/2009 s. 4(1). ***small retail licensee*** means a person that— (a) holds a licence to sell electricity; and (b) sells electricity to 5000 or less customers; ***solar energy generation facility*** means a generation facility that generates electricity by converting solar energy into electricity; S. 40F(1) def. of *statutory minimum conditions* inserted by No. 41/2009 s. 4(1). ***statutory minimum conditions*** means the conditions specified under section 40FA(2); S. 40F(1) def. of *statutory minimum TFiT conditions* inserted by No. 64/2011 s. 3(1). ***statutory minimum TFiT conditions*** means the conditions specified under section 40FAB(2); S. 40F(1) def. of *TFiT scheme* inserted by No. 35/2013 s. 3(3). ***TFiT scheme*** means the amendments made to this Division by the **Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Act 2011**; *TFiT scheme credit* inserted by No. 64/2011 s. 3(1). ***TFiT scheme credit*** has the meaning given by section 40FAB(2)(a); *TFiT scheme customer* inserted by No. 64/2011 s. 3(1). ***TFiT scheme customer***, of a relevant licensee or small retail licensee, means a person who— (a) purchases electricity from that relevant licensee or small retail licensee; and (b) engages in the generation of electricity on or after the TFiT scheme start day— (i) at a property that the person occupies as their principal place of residence by means of one TFiT scheme generating facility at the property; or (ii) at one or more properties— (A) that the person occupies, otherwise than as a place of residence, by means of one TFiT scheme generating facility at each of those properties; and (B) at which the person's annual consumption rate of electricity is 100 megawatt hours or less; and (c) has been exempted by Order under section 17 from the requirement to hold a licence in respect of the generation of electricity for supply and sale; *TFiT scheme electricity* inserted by No. 64/2011 s. 3(1). ***TFiT scheme electricity*** means electricity that a TFiT scheme customer generates on or after the TFiT scheme start day and does not use; *TFiT scheme end day* inserted by No. 64/2011 s. 3(1). ***TFiT scheme end day*** means the day declared by notice under section 40FEA(1); *TFiT scheme generating facility* inserted by No. 64/2011 s. 3(1). ***TFiT scheme generating facility*** means a photovoltaic generation facility that— (a) has an installed or name-plate generating capacity of 5 kilowatts or less; and (b) is connected to a distribution system on or after the TFiT scheme start day; *TFiT scheme period* inserted by No. 64/2011 s. 3(1). ***TFiT scheme period***, for a TFiT scheme customer, has the meaning given by section 40FCA; *TFiT scheme start day* inserted by No. 64/2011 s. 3(1). ***TFiT scheme start day*** means the day on which section 3 of the **Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Act 2011** comes into operation; *TFiT scheme* *terms and conditions* inserted by No. 64/2011 s. 3(1). ***TFiT scheme*** ***terms and conditions*** has the meaning given by section 40FAB; ***wind energy generation facility*** means a generation facility that generates electricity by converting wind energy into electricity. S. 40F(2) amended by No. 35/2013 s. 3(4). (2) The Governor in Council, by Order published in the Government Gazette, may, for the purposes of paragraph (e) of the definition of ***small renewable energy generation facility***, specify a facility or class of facility that generates electricity in any way as a small renewable energy generation facility. S. 40FA inserted by No. 41/2009 s. 5. 40FA Meaning of premium solar feed-in tariff terms and conditions (1) Premium solar feed-in tariff terms and conditions are terms and conditions comprising an offer under which a relevant licensee or small retail licensee will purchase from a qualifying customer of that licensee qualifying solar energy generation electricity during the premium solar feed-in tariff period for that customer. (2) Premium solar feed-in tariff terms and conditions must, as a minimum, include terms and conditions under which— (a) an amount not less than $0.60 per kilowatt-hour is credited against the charges payable to the relevant licensee or small retail licensee by the qualifying customer for electricity the licensee supplies to that customer during the premium solar feed-in tariff period for that customer (a ***premium solar feed-in credit***); and (b) a premium solar feed-in credit that arises during a period of supply of electricity to the qualifying customer during the premium solar feed-in tariff period for that customer is included in the electricity bill of that customer that relates to that period of supply; and (c) if, in a period of supply of electricity to the qualifying customer during the premium solar feed-in tariff period for that customer, a premium solar feed-in credit exceeds the amount owed by that customer for electricity supplied to that customer in that period of supply, the excess premium solar feed-in credit amount is— (i) credited against the charges payable to the relevant licensee or small retail licensee by that customer for electricity the licensee supplies to that customer in the next period of supply of electricity to that customer; and (d) any excess premium solar feed-in credit amount referred to in paragraph (c) is extinguished on the first of the following to occur— (i) the day that is 12 months after the day— (A) a premium solar feed-in credit first arises in respect of the qualifying customer; or (B) a premium solar feed-in credit first arises in respect of the qualifying customer after an excess premium solar feed-in credit amount referred to in paragraph (c) is extinguished under this paragraph— as the case requires; (ii) the day the contract for the supply of electricity by the relevant licensee or small retail licensee to the qualifying customer ends; (iii) the day that is the last day of the premium solar feed-in tariff period for the qualifying customer; and (e) any contract between the relevant licensee or small retail licensee and the qualifying customer for the purchase of qualifying solar energy generation electricity by the licensee during the premium solar feed-in tariff period for that customer is conditional on that customer giving the licensee details of that customer's principal place of residence. S. 40FAB inserted by No. 64/2011 s. 4. 40FAB Meaning of transitional feed-in scheme tariff terms and conditions (1) TFiT scheme terms and conditions are terms and conditions comprising an offer under which a relevant licensee or small retail licensee will purchase from a TFiT scheme customer of that licensee TFiT scheme electricity during the TFiT scheme period for that customer. (2) TFiT scheme terms and conditions must, as a minimum, include terms and conditions under which— (a) an amount not less than $0.25 per kilowatt-hour is credited against the charges payable to the relevant licensee or small retail licensee by the TFiT scheme customer for electricity the licensee supplies to that customer during the TFiT scheme period for that customer (a ***TFiT scheme credit***); and (b) a TFiT scheme credit that arises during a period of supply of electricity to the TFiT scheme customer during the TFiT scheme period for that customer is included in the electricity bill of that customer that relates to that period of supply; and (c) if, in a period of supply of electricity to the TFiT scheme customer during the TFiT scheme period for that customer, a TFiT scheme credit exceeds the amount owed by that customer for electricity supplied to that customer in that period of supply, the excess TFiT scheme credit amount is— (i) credited against the charges payable to the relevant licensee or small retail licensee by that customer for electricity the licensee supplies to that customer in the next period of supply of electricity to that customer; and (d) any excess TFiT scheme credit amount referred to in paragraph (c) is extinguished on the first of the following to occur— (i) the day that is 12 months after the day— (A) a TFiT scheme credit first arises in respect of the TFiT scheme customer; or (B) a TFiT scheme credit first arises in respect of the TFiT scheme customer after an excess TFiT scheme credit amount referred to in paragraph (c) is extinguished under this paragraph— as the case requires; (ii) the day the contract for the supply of electricity by the relevant licensee or small retail licensee to the TFiT scheme customer ends; (iii) the day that is the last day of the TFiT scheme period for the TFiT scheme customer; and (e) any contract between the relevant licensee or small retail licensee and the TFiT scheme customer for the purchase of TFiT scheme electricity by the licensee during the TFiT scheme period for that customer is conditional on that customer giving the licensee details of that customer's principal place of residence. S. 40FB inserted by No. 41/2009 s. 5, amended by No. 35/2013 s. 4 (ILA s. 39B(1)). 40FB Meaning of general renewable energy feed-in terms and conditions (1) General renewable energy feed-in terms and conditions are the prices, terms and conditions comprising an offer under which a relevant licensee will purchase, from a relevant generator, small renewable energy generation electricity. S. 40FB(2) inserted by No. 35/2013 s. 4. (2) Without limiting subsection (1), on and after the commencement of section 4 of the **Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013**, general renewable energy feed-in terms and conditions must, as a minimum, include terms and conditions under which— S. 40FB(2)(a) amended by No. 1/2017 s. 3. (a) an amount, specified for a financial year under section 40FBA, is credited against the charges payable to the relevant licensee by a customer who is a relevant generator for electricity the licensee supplies to the customer (a ***general renewable energy credit***); and (b) a general renewable energy credit that arises during a period of supply of electricity to that customer is included in the electricity bill of that customer that relates to that period of supply; and (c) if, in a period of supply of electricity to the customer, a general renewable energy credit exceeds the amount owed by that customer for electricity supplied to that customer in that period of supply, the excess general renewable energy credit amount is— (i) credited against the charges payable to the relevant licensee by that customer for electricity the licensee supplies to that customer in the next period of supply of electricity to that customer; and (d) any excess general renewable energy credit amount referred to in paragraph (c) is extinguished on the day the contract for the supply of electricity by the relevant licensee to the customer ends. S. 40FBA inserted by No. 35/2013 s. 5, substituted by Nos 1/2017 s. 4, 13/2025 s. 97A. 40FBA Rates for purchases of small renewable energy generation electricity For the purposes of section 40FB(2)(a), in each financial year the amount to be credited against the charges payable to a relevant licensee by a customer who is a relevant generator is the amount determined at the rate or rates published as part of the general renewable energy feed-in terms and conditions under section 40G. S. 40FBB inserted by No. 35/2013 s. 5, amended by Nos 1/2017 s. 5, 14/2025 s. 27, repealed by No. 13/2025 s. 97B. S. 40FC inserted by No. 41/2009 s. 5. 40FC Meaning of premium solar feed-in tariff period (1) The premium solar feed-in tariff period for a qualifying customer is the period— S. 40FC(1)(a) amended by No. 64/2011 s. 22. (b) ending on the earlier of— (i) the fifteenth anniversary of the scheme start day; or (ii) the declared scheme capacity day. (2) However, if there is a declared scheme capacity day, the premium solar feed-in tariff period for a qualifying customer who has a contract in operation for the supply of qualifying solar energy generation electricity to a relevant licensee or small retail licensee immediately before that day, and has been credited with a premium solar feed-in credit at any time before that day, is the period— S. 40FC(2)(b) substituted by No. 35/2013 s. 6. (b) ending on— (i) the fifteenth anniversary of the scheme start day; or (ii) if, after 31 December 2012, the customer modifies their qualifying solar energy generating facility so that its installed or name-plate generating capacity is more than its capacity on 31 December 2012, the later of— (A) the day on which section 6 of the **Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013** comes into operation; or (B) the day on which that modification is made— S. 40FCA inserted by No. 64/2011 s. 5. 40FCA Meaning of TFiT scheme period (1) The TFiT scheme period for a TFiT scheme customer is the period— (b) ending on the earlier of— (i) the fifth anniversary of the TFiT scheme start day; or (ii) the TFiT scheme end day. (2) However, if there is a TFiT scheme end day, the TFiT scheme period for a TFiT scheme customer who has a contract in operation for the supply of TFiT scheme electricity to a relevant licensee or small retail licensee immediately before that day, and has been credited with a TFiT scheme credit at any time before that day, is the period— S. 40FCA(2)(b) substituted by No. 35/2013 s. 7. (b) ending on— (i) the fifth anniversary of the TFiT scheme start day; or (ii) if, after 31 December 2012, the customer modifies their TFiT scheme generating facility so that its installed or name-plate generating capacity is more than its capacity on 31 December 2012, the later of— (A) the day on which section 7 of the **Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013** comes into operation; or (B) the day on which that modification is made— S. 40FD (Heading) amended by No. 64/2011 s. 6(1). S. 40FD inserted by No. 41/2009 s. 5, amended by No. 64/2011 s. 6(2). 40FD Application of premium solar feed-in tariff and TFiT scheme terms and conditions obligations Sections 40FF(1) and 40FG(3) are not to be taken to require a relevant licensee or small retail licensee to pay to a qualifying customer of that licensee any money (as cash, by cheque or otherwise) instead of the whole or any part of a premium solar feed-in credit or a TFiT scheme credit (as the case requires). S. 40FE inserted by No. 41/2009 s. 5. 40FE Minister may declare the declared scheme capacity day (1) The Minister, by notice published in the Government Gazette, may declare a day to be the declared scheme capacity day. (2) The Minister may declare a day under subsection (1) only if— (a) the Minister is satisfied that the aggregate of the installed or name-plate generating capacity of qualifying solar energy generating facilities is equal to or greater than 100 megawatts; or (b) the Minister has estimated that the average cost per customer of electricity per year arising out of the operation of the premium solar feed-in tariff scheme is $10 or more— S. 40FE(3) repealed by No. 35/2013 s. 8. See also the definition of ***premium solar feed-in tariff period*** in section 40F(1). S. 40FEA inserted by No. 64/2011 s. 7. 40FEA Minister may declare TFiT scheme end day (1) The Minister, by notice published in the Government Gazette, may declare a day to be the TFiT scheme end day. (2) The Minister may declare a day under subsection (1) if— (a) the Minister is satisfied that the aggregate of the installed or name-plate generating capacity of TFiT scheme generating facilities is equal to or greater than 75 megawatts; or (b) the Minister has estimated that the average cost per customer of electricity per year arising out of the operation of the TFiT scheme is $5 or more; or (c) the Minister considers it appropriate to do so— S. 40FEA(3) repealed by No. 35/2013 s. 8. See also the definition of ***TFiT scheme period*** in section 40F(1). S. 40FF (Heading) amended by No. 64/2011 s. 8(1). S. 40FF inserted by No. 41/2009 s. 5. 40FF Relevant licensee condition relating to premium solar feed-in tariff and TFiT scheme tariff S. 40FF(1) amended by No. 64/2011 s. 8(2). (1) Without limiting the generality of section 20(2) or 20(3) or section 21, but subject to this Division, the conditions to which a licence to sell electricity held by a relevant licensee is subject include a condition requiring the relevant licensee to publish premium solar feed-in tariff terms and conditions or TFiT scheme terms and conditions (as the case requires). S. 40FF(2) amended by No. 64/2011 s. 8(3). (2) A relevant licensee that publishes premium solar feed-in tariff terms and conditions or TFiT scheme terms and conditions as required by the condition set out in subsection (1) must give a copy of those terms and conditions to the Minister within 7 days after publishing them. S. 40FG (Heading) amended by No. 64/2011 s. 9(1). S. 40FG inserted by No. 41/2009 s. 5. 40FG Small retail licensees may offer to purchase qualifying solar energy generation electricity or TFiT scheme electricity S. 40FG(1) substituted by No. 64/2011 s. 9(2). (1) A small retail licensee may offer to purchase— (a) qualifying solar energy generation electricity from a qualifying customer during the premium solar feed-in tariff period for the qualifying customer; (b) TFiT scheme electricity from a TFiT scheme customer during the TFiT scheme period for the TFiT scheme customer. (2) If a small retail licensee decides to do so, the small retail licensee must publish a notice to that effect. S. 40FG(3) amended by No. 64/2011 s. 9(3). (3) Without limiting the generality of section 20(2) or 20(3) or section 21, but subject to this Division, on and after the day a notice is published in the Government Gazette under subsection (2), the conditions to which a licence to sell electricity held by a small retail licensee is subject include a condition requiring the small retail licensee to publish premium solar feed-in tariff terms and conditions or TFiT scheme terms and conditions (as the case requires). S. 40FG(4) amended by No. 64/2011 s. 9(4). (4) A small retail licensee that publishes premium solar feed-in tariff terms and conditions or TFiT scheme terms and conditions under subsection (2) must give a copy of those terms and conditions to the Minister within 7 days after publishing them. (5) If a small retail licensee decides to stop purchasing qualifying solar energy generation electricity from a qualifying customer during the premium solar feed-in tariff period for the qualifying customer, it may publish a notice to that effect. S. 40FG(5A) inserted by No. 64/2011 s. 9(5). (5A) If a small retail licensee decides to stop purchasing TFiT scheme electricity from a TFiT scheme customer during the TFiT scheme period for the TFiT scheme customer, it may publish a notice to that effect. S. 40FG(6) amended by No. 64/2011 s. 9(6). (6) On and after the day a small retail licensee publishes a notice under subsection (5) or (5A), subsection (3) ceases to apply to that small retail licensee. S. 40FG(7) amended by No. 64/2011 s. 9(6). (7) To avoid doubt, the publication by a small retail licensee of a notice under subsection (5) or (5A) does not prevent the small retail licensee from publishing another notice under subsection (2) to which this section will apply. S. 40FH (Heading) amended by No. 64/2011 s. 10(1). S. 40FH inserted by No. 41/2009 s. 5. 40FH Distribution company licences to require credits for qualifying solar energy generation electricity and TFiT scheme electricity (1) This section applies to a distribution company— (a) whose licence to distribute electricity includes a condition of the kind provided for under section 21(d) (a ***use of system agreement condition***); and (b) that, in accordance with the use of system agreement condition, has entered into an agreement of the kind contemplated by section 21(d) with a relevant licensee or small retail licensee (a ***use of system agreement***). (2) Without limiting the generality of section 20(2) or 20(3) or section 21, the licence to distribute electricity held by that distribution company is deemed to include a condition requiring that distribution company to include in a use of system agreement with a relevant licensee or small retail licensee, a condition that credits to the relevant licensee or small retail licensee the amount of $0.60 per kilowatt-hour for qualifying solar energy generation electricity that is conveyed along a distribution system operated by that distribution company during the distributor obligation period. S. 40FH(2A) inserted by No. 64/2011 s. 10(2). (2A) Without limiting the generality of section 20(2) or (3) or section 21, the licence to distribute electricity held by that distribution company is deemed to include a condition requiring that distribution company to include in a use of system agreement with a relevant licensee or small retail licensee, a condition that credits to the relevant licensee or small retail licensee the amount of $0.25 per kilowatt-hour for TFiT scheme electricity that is conveyed along a distribution system operated by that distribution company during the distributor TFiT obligation period. S. 40FI inserted by No. 41/2009 s. 5. 40FI Pass through of costs associated with credits for qualifying solar energy generation electricity (1) Despite anything to the contrary in this Act, the **Essential Services Commission Act 2001** or the 2006–2010 distribution pricing determination, the giving of a credit under a solar feed-in credit obligation is to be taken to also be a relevant pass through event that has a material financial impact on the distribution company for the purposes of the 2006–2010 distribution pricing determination during the distributor obligation period. ***solar feed-in credit obligation*** means an obligation on a distribution company arising because of section 40FH(2). S. 40FJ inserted by No. 41/2009 s. 5. 40FJ Distribution companies to report annually on connected qualifying solar energy generating facilities S. 40FJ(1) substituted by No. 64/2011 s. 11(1). (1) Without limiting the generality of section 20(2) or (3) or section 21, a licence to distribute electricity is deemed to include a condition requiring the distribution company holding the licence to, within one month after each reporting day, give to the Minister a report that specifies— (a) the number of qualifying solar energy generating facilities connected, on the reporting day, to a distribution system operated by that licensee; and (b) the aggregate installed or name-plate generating capacity of qualifying solar energy generating facilities connected, on the reporting day, to a distribution system operated by that licensee; and S. 40FJ(1)(c) amended by No. 46/2014 s. 6(1). (c) the total amount of qualifying solar energy generation electricity conveyed, in the 12 months prior to the reporting day, along a distribution system operated by that licensee. S. 40FJ(2) amended by No. 55/2010 s. 11(2), substituted by No. 64/2011 s. 11(1), amended by No. 46/2014 s. 6(2). (2) In subsection (1) ***reporting day*** means 31 December of every year. S. 40FJ(2A) inserted by No. 64/2011 s. 11(1), amended by No. 46/2014 s. 6(3)(a). (2A) Without limiting the generality of section 20(2) or (3) or section 21, a licence to distribute electricity is deemed to include a condition requiring the distribution company holding the licence to, within one month after every year, give to the Minister a report that specifies— S. 40FJ(2A)(a) amended by No. 46/2014 s. 6(3)(b). (a) the number of TFiT scheme generating facilities connected, at the end of the previous applicable year, to a distribution system operated by that licensee; and S. 40FJ(2A)(b) amended by No. 46/2014 s. 6(3)(b). (b) the aggregate installed or name-plate generating capacity of TFiT scheme generating facilities connected, at the end of the previous applicable year, to a distribution system operated by that licensee; and S. 40FJ(2A)(c) amended by No. 46/2014 s. 6(3)(b). (c) the total amount of TFIT scheme electricity conveyed, in the previous applicable year, along a distribution system operated by that licensee. S. 40FJ(2B) inserted by No. 64/2011 s. 11(1). (2B) Subsection (1) ceases to apply on 31 December 2024. S. 40FJ(2C) inserted by No. 64/2011 s. 11(1). (2C) Subsection (2A) ceases to apply on 31 December 2016. S. 40FJ(3) amended by Nos 64/2011 s. 11(2), 70/2013 s. 4(Sch. 2 item 15.1). (3) The Minister must include the information given to the Minister in respect of a year under subsection (1) or (2A) in the report of operations of the Department of State Development, Business and Innovation for that year under Part 7 of the **Financial Management Act 1994**. S. 40G inserted by No. 35/2007 s. 3, substituted by No. 41/2009 s. 6, amended by No. 28/2015 s. 3(1). 40G Retailer licence condition relating to purchase of small renewable energy generation electricity (1) Without limiting the generality of section 20(2) or 20(3) or section 21, but subject to this Division, the conditions to which a licence to sell electricity held by a relevant licensee is subject include a condition requiring that licensee— S. 40G(1)(a) inserted by No. 28/2015 s. 3(1), substituted by No. 13/2025 s. 97C(1). (a) to publish general renewable energy feed-in terms and conditions including, but not limited to, a rate or rates for the purposes of section 40FBA; and S. 40G(1)(b) inserted by No. 28/2015 s. 3(1). (b) to, as soon as practicable after the licensee publishes the terms and conditions in accordance with this section but before the terms and conditions take effect, input the terms and conditions into an Internet site nominated by the Minister so that the terms and conditions are able to be published on the Internet. Note to s. 40G(1) inserted by No. 28/2015 s. 3(2). General renewable energy feed-in terms and conditions take effect 2 months after they are published unless they have been referred to the Commission for assessment—see section 40H. S. 40G(1A) inserted by No. 13/2025 s. 97C(2). (1A) A rate included in the general renewable energy feed-in terms and conditions for the purposes of section 40FBA must not be less than $0.00 per kilowatt-hour. (2) A relevant licensee that publishes general renewable energy feed-in terms and conditions as required by the condition set out in subsection (1) must give a copy of those prices, terms and conditions to the Minister within 7 days after publishing them. S. 40GA inserted by No. 35/2013 s. 9. 40GA Unilateral variation of general renewable energy feed-in terms and conditions prohibited (1) This section applies to a contract for the purchase by a relevant licensee of small renewable energy generation electricity from a relevant generator that is entered into before 1 January 2013. (2) Despite anything to the contrary in the contract, the contract cannot be varied to include terms and conditions equivalent to or the same as those specified under section 40FB(2) without the agreement in writing of both parties to the contract. S. 40H (Heading) amended by No. 41/2009 s. 7(1). S. 40H inserted by No. 35/2007 s. 3.