40SCommission guidelines relating to greenhouse gas emissions information condition

40S Commission guidelines relating to greenhouse gas emissions information condition (1) The Commission must prepare and issue guidelines for the purposes of section 40R(a). (2) The Commission may amend any guidelines issued under subsection (1). (3) The Commission must consult with Sustainability Victoria before issuing a guideline under subsection (1) or amending a guideline issued under that subsection. (4) The Commission must publish each guideline issued under subsection (1) and each amendment of a guideline. Pt 2 Div. 5BA (Heading and s. 40SAA) inserted by No. 14/2024 s. 20. Division 5BA—Offshore wind energy generation companies S. 40SAA inserted by No. 14/2024 s. 20. 40SAA Minister may declare an offshore wind energy generation company The Minister, by notice published in the Government Gazette, may declare a person to be an offshore wind energy generation company. Pt 2 Div. 5C (Headings and ss 40SA–40SW) inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). Division 5C—Disconnection of supply of electricity Subdivision 1—Preliminary S. 40SA inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SA Definitions ***acceptable identification*** means— (a) a document specified under an applicable Code for the purposes of this paragraph which contains information identifying a relevant customer; or (b) information specified under an applicable Code for the purposes of this paragraph identifying a relevant customer; ***applicable Code*** means a Code of Practice which specifies that it applies for the purposes of this Division; ***business day*** means a day that is not— (a) a Saturday or Sunday; or (b) a public holiday; ***carry-over customer*** means a person described in section 40SB(2)(a); ***disconnection related complaint*** means a complaint made by a relevant customer that is directly related to the grounds for a retailer's or an exempt electricity seller's proposed disconnection of the supply of electricity at the customer's premises under— (a) the retailer's or exempt electricity seller's standard complaints and dispute resolution procedures; or (b) a customer dispute resolution scheme approved by the Commission under section 28; ***disconnection warning notice*** means a notice, specifying the matters required to be specified under an applicable Code, warning a relevant customer that the supply of electricity at the customer's premises will be or may be disconnected; ***electricity payment assistance application*** means an application to an entity responsible for a rebate, concession or relief scheme available under any government funded electricity charge rebate, concession or relief scheme; ***exempt distributor*** means a relevant exempt person (within the meaning of section 33B) who distributes or supplies electricity; ***exempt electricity seller*** means a relevant exempt person (within the meaning of section 33B) who sells electricity; ***gas distribution company*** has the same meaning as in the **Gas Industry Act 2001**; ***gas retailer*** has the same meaning as in the **Gas Industry Act 2001**; ***intention to disconnect notice*** means a notice, specifying the matters required to be specified under an applicable Code, notifying a relevant customer of a retailer's or an exempt electricity seller's intention to arrange for the supply of electricity at the customer's premises to be disconnected; ***life support customer*** means— (a) a relevant customer who is a life support resident; or (b) a relevant customer at whose premises a life support resident (who is not the relevant customer) resides or intends to reside; ***life support customer details***, in relation to a relevant customer, means— (a) information that evidences that the relevant customer is a life support customer; and (b) the personal details of each life support resident residing or intending to reside at the premises of the life support customer; and (c) the date from which life support equipment is required at the premises of the life support customer by each life support resident; ***life support equipment*** means any of the following— (a) an oxygen concentrator; (b) an intermittent peritoneal dialysis machine; (c) a kidney dialysis machine; (d) a chronic positive airways pressure respirator; (e) crigler najjar syndrome phototherapy equipment; (f) a ventilator for life support; (g) any other equipment requiring electricity that a registered medical practitioner certifies is required for a life support resident; (h) equipment (other than equipment referred to in paragraphs (a) to (g)) specified under an applicable Code for the purposes of this definition; ***life support resident*** means a person who requires life support equipment; ***move-in customer*** means a person described in section 40SB(2)(b); ***protected period*** means— (a) the period of a business day— (i) for a residential customer—before 8 a.m. or after 2 p.m.; or (ii) for a small business customer—before 8 a.m. or after 3 p.m.; or (b) a Friday; or (c) a weekend or a public holiday; or (d) the day before a public holiday; or (e) the days starting on 20 December and ending at midnight on 31 December in any year; or (f) a period specified under an applicable Code for the purposes of this definition; ***public holiday*** means a day appointed under the **Public Holidays Act 1993**; ***register of life support customers and residents*** means a register established and maintained under section 40SV; ***registered life support customer***, in relation to a retailer or an exempt electricity seller, means a life support customer who is registered in the register of life support customers and residents established and maintained by that retailer or exempt electricity seller, as the case requires; ***relevant assistance*** means assistance— (a) in accordance with a financial hardship policy within the meaning of section 41; or (b) specified under an applicable Code for the purposes of this definition; ***relevant customer*** has the meaning given by section 40SB; ***reminder notice*** means a notice, specifying the matters required to be specified under an applicable Code, reminding a relevant customer that payment of an electricity bill is required; ***residential customer*** means a relevant customer who purchases electricity principally for personal, household or domestic use; ***security deposit*** means an amount of money paid or payable under a supply and sale contract as a security against non‑payment of an electricity bill; ***small business customer*** means a relevant customer who is not a residential customer. S. 40SB inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SB Meaning of *relevant customer* (1) In this Division, a ***relevant customer*** is— (a) in relation to a retailer, a relevant customer within the meaning of section 36(6); or A relevant customer of a retailer includes a person who has a deemed contract with the retailer under section 39(1) or (2). (b) in relation to an exempt electricity seller, a person— (i) to whom the exempt electricity seller supplies or sells electricity under a supply and sale contract; and (ii) whose total consumption of electricity supplied or sold by the exempt electricity seller does not exceed more than 40 megawatt hours in any given year. (2) In addition, for the purposes of this Division, a ***relevant customer***, in relation to an exempt electricity seller, includes either of the following— (a) a person— (i) who continues to take electricity supplied by the exempt electricity seller at the person's premises after the person's supply and sale contract with the exempt electricity seller has ended or been terminated and that contract does not provide for the electricity to be consumed after the contract's end or termination; and (ii) who was a relevant customer as set out under subsection (1)(b); (b) a person who takes electricity supplied by the exempt electricity seller without having entered into a supply and sale contract with the exempt electricity seller. S. 40SC inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SC Objects Without limiting section 10(c), the objects of this Division are— (a) to recognise the essential nature of the supply of electricity; and (b) to have regard to community expectations that ongoing access to electricity will be available; and (c) to have regard to community expectations that the supply of electricity to premises will not be disconnected solely because of a customer's inability to pay for the electricity supply; and (d) to promote the principle that the supply of electricity to premises should only be disconnected as a last resort. Subdivision 2—Offences S. 40SD inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SD Knowingly or recklessly disconnecting supply of electricity at premises (1) A retailer or an exempt electricity seller who arranges for the supply of electricity at a relevant customer's premises to be disconnected other than in accordance with Subdivision 3, and knows, or is reckless as to whether, the disconnection is not in accordance with that Subdivision, is guilty of an offence and liable to a penalty not exceeding— (2) An offence against subsection (1) is an indictable offence. S. 40SE inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SE Disconnection of supply of electricity at premises (1) A retailer or an exempt electricity seller must not arrange for the supply of electricity at a relevant customer's premises to be disconnected except in accordance with Subdivision 3. (2) A retailer or an exempt electricity seller who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding— S. 40SE(3) repealed by No. 18/2024 s. 38(1). Note to s. 40SE repealed by No. 18/2024 s. 38(2). S. 40SF inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SF Knowingly or recklessly disconnecting supply of electricity at premises of life support customer (1) A retailer or an exempt electricity seller commits an offence if the retailer or exempt electricity seller— (a) knows the relevant customer is a life support customer; and S. 40SF(1)(b) amended by No. 18/2024 s. 24. (b) does not add the life support customer details for that customer to the retailer's or exempt electricity seller's register of life support customers and residents within one business day after being advised, or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria), that the relevant customer is a life support customer; and (c) arranges for the supply of electricity at that customer's premises to be disconnected. (2) A retailer or an exempt electricity seller commits an offence if— (a) the retailer or exempt electricity seller is reckless as to whether the relevant customer is a life support customer; and (b) as a result of that recklessness the retailer or exempt electricity seller does not add the life support customer details for that customer to the retailer's or exempt electricity seller's register of life support customers and residents; and (c) the retailer or exempt electricity seller arranges for the supply of electricity at the customer's premises to be disconnected. (3) A retailer or an exempt electricity seller commits an offence if the retailer or exempt electricity seller— (a) knowingly or recklessly removes any life support customer details relating to a registered life support customer from the retailer's or exempt electricity seller's register of life support customers and residents; and (b) arranges for the supply of electricity at that customer's premises to be disconnected. (4) A retailer or an exempt electricity seller who commits an offence against subsection (1), (2) or (3) is liable to a penalty not exceeding— (5) A retailer or an exempt electricity seller does not commit an offence against subsection (3) if any life support customer details are removed from the retailer's or exempt electricity seller's register of life support customers and residents, as the case requires— (a) at the request of the registered life support customer in accordance with an applicable Code; or (b) as provided under an applicable Code. (6) An offence against subsection (1), (2) or (3) is an indictable offence. S. 40SG (Heading) amended by No. 18/2024 s. 25(1). S. 40SG inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SG Life support customers and residents—retailer obligations when advised or notified S. 40SG(1) amended by No. 18/2024 s. 25(2). (1) Within one business day after being advised by a relevant customer, or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria), that a life support resident resides, or is intending to reside, at the relevant customer's premises, a retailer must record in a register of life support customers and residents the life support customer details. S. 40SG(2) amended by No. 18/2024 s. 25(2). (2) A retailer who is advised by a relevant customer, or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria), that a life support resident resides or is intending to reside at the relevant customer's premises, must, if the life support equipment at the premises is or will be powered by electricity and gas and the retailer is not the gas retailer supplying gas at the relevant customer's premises, inform the customer, within one business day after being advised, that the customer should inform the gas retailer supplying gas at the relevant customer's premises that a life support resident resides, or is intending to reside, at the relevant customer's premises. S. 40SG(3) amended by No. 18/2024 s. 25(2). (3) Within 5 business days after being advised by a relevant customer, or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria), that a life support resident resides, or is intending to reside, at the relevant customer's premises, a retailer must give to the customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection. S. 40SG(4) amended by No. 18/2024 s. 25(2). (4) Within one business day after being advised by a relevant customer, or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria), that a life support resident resides, or is intending to reside, at the relevant customer's premises, a retailer must, in accordance with an applicable Code— (a) if the life support equipment required by the life support resident is powered only by electricity, give the details specified under an applicable Code for the purposes of this paragraph to the distribution company that distributes electricity to those premises; or (b) if the life support equipment required by the life support resident is powered by electricity and gas and the retailer is also a gas retailer supplying gas at the relevant customer's premises, give the details specified under an applicable Code for the purposes of this paragraph— (i) to the distribution company that distributes electricity to those premises; and (ii) to the gas distribution company that provides services to the customer at the premises by means of a distribution pipeline (within the meaning of the **Gas Industry Act 2001**). (4A) A retailer who contravenes subsection (1), (2), (3) or (4) commits an offence against that subsection and is liable to a penalty not exceeding— S. 40SG(4B) repealed by No. 18/2024 s. 38(1). (5) Subsection (4)(a) does not apply to a retailer in the circumstances specified under an applicable Code. Note to s. 40SG repealed by No. 18/2024 s. 38(2). S. 40SH inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SH Life support customers and residents—retailer obligations when advised by distribution company or gas distribution company (1) Within one business day after a retailer is advised by a distribution company or a gas distribution company that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the retailer, the retailer must record in a register of life support customers and residents the life support customer details. (2) Within 5 business days after a retailer is advised by a distribution company or a gas distribution company that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the retailer, the retailer must give the relevant customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection. (3) A retailer who contravenes subsection (1) or (2) commits an offence against that subsection and is liable to a penalty not exceeding— S. 40SH(4) repealed by No. 18/2024 s. 38(1). Note to s. 40SH repealed by No. 18/2024 s. 38(2). S. 40SI inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SI Life support customers and residents—retailer obligations when advised by exempt electricity sellers (1) Within one business day after being advised by an exempt electricity seller to whom section 40SJ(4) applies that a life support resident resides, or is intending to reside at the premises of a relevant customer of the exempt electricity seller, a retailer must record in a register of life support customers and residents the life support customer details. (2) Within one business day after being advised by an exempt electricity seller to whom section 40SJ(4) applies that a life support resident resides, or is intending to reside at the premises of a relevant customer of the exempt electricity seller, a retailer must give the distribution company that distributes electricity at those premises the details specified under an applicable Code for the purposes of this subsection. (3) A retailer who contravenes subsection (1) or (2) commits an offence against that subsection and is liable to a penalty not exceeding— S. 40SI(4) repealed by No. 18/2024 s. 38(1). Note to s. 40SI repealed by No. 18/2024 s. 38(2). S. 40SJ inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SJ Life support customers and residents—exempt electricity seller obligations when advised by relevant customer (1) Within one business day after being advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises, an exempt electricity seller must record in a register of life support customers and residents the life support customer details. (2) An exempt electricity seller who is advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises must, if the life support equipment required by the life support resident is powered by electricity and gas, inform the customer within one business day after being advised, that the customer should inform the gas retailer supplying gas at the relevant customer's premises that the customer is a life support customer. (3) Within 5 business days after being advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises, an exempt electricity seller must give the relevant customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection. (4) If— (a) a relevant customer advises an exempt electricity seller that a life support resident resides, or is intending to reside, at the relevant customer's premises; and (b) the exempt electricity seller purchases electricity from a retailer to sell to the relevant customer— the exempt electricity seller must, within one business day after being advised, give the retailer the details specified under an applicable Code for the purposes of this subsection. (5) If— (a) a relevant customer advises an exempt electricity seller that a life support resident resides, or is intending to reside, at the relevant customer's premises; and (b) the exempt electricity seller purchases electricity from a retailer to sell to the relevant customer; and (c) that electricity is distributed by an exempt distributor— the exempt electricity seller must, within one business day after that advice, give the exempt distributor the details specified under an applicable Code for the purposes of this subsection. (5A) An exempt electricity seller who contravenes subsection (1), (2), (3), (4) or (5) commits an offence against that subsection and is liable to a penalty not exceeding— S. 40SJ(5B) repealed by No. 18/2024 s. 38(1). (6) Subsection (5) does not apply to an exempt electricity seller in the circumstances specified under an applicable Code. Note to s. 40SJ repealed by No. 18/2024 s. 38(2). S. 40SK inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SK Life support customers and residents—exempt electricity seller obligations when advised by exempt distributor (1) Within one business day after an exempt electricity seller is advised by an exempt distributor that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the exempt electricity seller, the exempt electricity seller must record in a register of life support customers and residents the life support customer details. (2) Within 5 business days after being advised by an exempt distributor that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the exempt electricity seller, the exempt electricity seller must give the relevant customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection. (3) If— (a) an exempt distributor advises an exempt electricity seller that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the exempt electricity seller; and (b) the exempt electricity seller purchases electricity from a retailer to sell to the relevant customer— the exempt electricity seller must give, within one business day after that advice, the retailer the details specified under an applicable Code for the purposes of this subsection. (4) An exempt electricity seller who contravenes subsection (1), (2) or (3) commits an offence against that subsection and is liable to a penalty not exceeding— S. 40SK(5) repealed by No. 18/2024 s. 38(1). Note to s. 40SK repealed by No. 18/2024 s. 38(2). Subdivision 3—Permitted grounds for disconnection S. 40SL inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SL Supply of electricity may be disconnected by agreement or on notice from relevant customer A retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if— (a) the retailer or exempt electricity seller and the relevant customer agree; or (b) the relevant customer gives notice to the retailer or exempt electricity seller in accordance with the supply and sale contract with the retailer or exempt electricity seller that the customer wishes to end the contract. S. 40SM inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SM Supply of electricity may be disconnected for non‑payment of bill or failure to comply with terms of relevant assistance (1) Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if— (a) the relevant customer— (i) has not a paid the total amount specified in an electricity bill by the date specified for that payment; or (ii) is receiving relevant assistance from the retailer or exempt electricity seller and has not complied with the terms and conditions of that assistance; and (b) the total amount owing to the retailer or exempt electricity seller under the electricity bill— (i) is not less than $300 or, if an applicable Code specifies a higher amount for the purposes of this subparagraph, not less than the specified amount; and (ii) is only for the supply or sale of electricity; and (c) the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a reminder notice; and (d) after the expiry of the period specified in the reminder notice, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and (e) after the expiry of the period specified in the disconnection warning notice, the retailer or exempt electricity seller takes all reasonable steps to contact the relevant customer, in relation to the customer's failure to pay the total amount owing under the electricity bill or to comply with the terms and conditions of the relevant assistance, in one or more of the following ways— (i) in person; (ii) by telephone; (iii) by electronic communication; and (f) the retailer or exempt electricity seller has complied with any requirements relating to the disconnection of the supply of electricity at a relevant customer's premises specified under an applicable Code for the purposes of this section; and (g) the relevant customer does not take any reasonable action towards settling the debt owed to the retailer or exempt electricity seller. (2) The period specified in a reminder notice and a disconnection warning notice must be not less than the period specified under an applicable Code. S. 40SN inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SN Supply of electricity may be disconnected for failure to pay security deposit (1) Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if— (a) the relevant customer does not give a security deposit in accordance with a supply and sale contract with the retailer or exempt electricity seller; and (b) the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and (c) after the expiry of the period specified in the intention to disconnect notice, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and (d) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not give the security deposit. (2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code. S. 40SO inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SO Supply of electricity may be disconnected for refusal to provide acceptable identification (1) Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if— (a) the relevant customer does not provide acceptable identification on request of the retailer or exempt electricity seller; and (b) the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and (c) after the expiry of the period specified in the intention to disconnect notice, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and (d) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not provide acceptable identification. (2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code. S. 40SP inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SP Supply of electricity may be disconnected if access to meter denied (1) Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if— (a) the relevant customer does not allow access to the customer's premises for the reading of the meter at the premises for 3 consecutive scheduled meter readings; and (b) at the time of each of those scheduled meter readings, the retailer or exempt electricity seller took all reasonable steps to contact the relevant customer in one or more of the following ways to make alternative arrangements to access the customer's premises— (i) in person; (ii) by telephone; (iii) by electronic communication; and (c) the retailer or exempt electricity seller, on each of the occasions access is denied, arranges for the relevant customer to be given a notice in accordance with any requirements under an applicable Code (an ***access request notice***)— (i) requesting access to the meter; and (ii) advising of the retailer's or exempt electricity seller's ability to arrange for disconnection of the supply of electricity at the customer's premises; and (d) no earlier than 5 business days after the third access request notice is given to the relevant customer, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and (e) after the expiry of the period specified in the intention to disconnect notice, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and (f) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not give the retailer or exempt electricity seller access to the customer's premises to read the meter. (2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code. S. 40SQ inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SQ Supply of electricity may be disconnected if there is taking of electricity without notification by customer (1) Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if— (a) the relevant customer— (i) has a deemed contract with the retailer under section 39(1) or (2); or (ii) is a carry-over customer; or (iii) is a move-in customer; and (b) the relevant customer refuses or fails to take appropriate steps to enter into a supply and sale contract with the retailer or exempt electricity seller; and (c) the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and (d) after the expiry of the period specified in the intention to disconnect notice, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and (e) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not take appropriate steps to enter into a supply and sale contract with the retailer or exempt electricity seller. (2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code. (3) For the purposes of this section, the retailer or exempt electricity seller is not required to find out the name or particulars of the relevant customer consuming electricity supplied at the premises before disconnecting the supply of electricity. S. 40SR inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SR Supply of electricity may be disconnected in the prescribed circumstances Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected— (a) in the prescribed circumstances (if any); and (b) in accordance with the prescribed requirements (if any). S. 40SS inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SS Restrictions on retailer or exempt electricity seller disconnecting supply of electricity A retailer or an exempt electricity seller must not arrange for the supply of electricity at a relevant customer's premises to be disconnected— (a) if the relevant customer is a registered life support customer; or (b) if there is a disconnection related complaint that is unresolved; or (c) if the relevant customer is receiving relevant assistance and is complying with the terms and conditions of that assistance; or (d) if the relevant customer advises the retailer or exempt electricity seller, or the retailer or exempt electricity seller is otherwise aware, that the relevant customer has made an electricity payment assistance application and the application has not been decided; or (e) during a protected period; or (f) in the prescribed circumstances. Subdivision 4—Disconnection for fraudulent or illegal taking of electricity S. 40ST inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40ST Supply of electricity may be disconnected if electricity taken by fraudulent or illegal means—retailers (1) Subject to subsection (2), a retailer may arrange for the supply of electricity at a person's premises to be disconnected if— (a) a person at the premises takes the supply of electricity without a supply and sale contract with the retailer for the taking of that electricity; and (b) the person does not have a deemed contract with the retailer under section 39(1) or (2) because of section 39(8) or (9). (2) A retailer must not arrange for the supply of electricity at a person's premises to be disconnected under subsection (1) if— (a) the person was a relevant customer of the retailer; and (b) the person was a registered life support customer in relation to the retailer immediately before taking the supply of electricity without a supply and sale contract with the retailer; and (c) at the time at which disconnection of the supply of electricity is to occur, the life support customer details of the person from when the person was a relevant customer are in the register of life support customers and residents of the retailer. (3) A retailer who arranges for the supply of electricity at a person's premises to be disconnected under subsection (1) other than in accordance with this section, and knows, or is reckless as to whether, the disconnection is not in accordance with this section, is guilty of an offence and liable to a penalty not exceeding— (4) An offence against subsection (3) is an indictable offence. (5) A retailer must not arrange for the supply of electricity at a person's premises to be disconnected under subsection (1) except in accordance with this section. (6) A retailer who contravenes subsection (5) commits an offence against that subsection and is liable to a penalty not exceeding— (7) Subsection (5) is a civil penalty requirement for the purposes of the **Essential Services Commission Act 2001**. For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the **Essential Services Commission Act 2001**. S. 40SU inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SU Supply of electricity may be disconnected if electricity taken by fraudulent or illegal means—exempt electricity sellers (1) Subject to subsection (2), an exempt electricity seller specified under an applicable Code for the purposes of this section may arrange for the supply of electricity at a person's premises to be disconnected in accordance with any requirements under an applicable Code if— (a) the person takes the supply of electricity by fraudulent or illegal means; and (b) the person does not have a supply and sale contract with the exempt electricity seller. (2) An exempt electricity seller must not arrange for the supply of electricity at a person's premises to be disconnected under subsection (1) if— (a) the person was a relevant customer (as described in section 40SB(1)(b)) of the exempt electricity seller; and (b) the person was a registered life support customer in relation to the exempt electricity seller immediately before taking the supply of electricity without a supply and sale contract with the exempt electricity seller; and (c) at the time at which disconnection of the supply of electricity is to occur, the life support customer details of the person from when the person was a relevant customer are in the register of life support customers and residents of the exempt electricity seller. (3) An exempt electricity seller who arranges for the supply of electricity at a person's premises to be disconnected under subsection (1) other than in accordance with this section, and knows, or is reckless as to whether, the disconnection is not in accordance with this section, is guilty of an offence and liable to a penalty not exceeding— (4) An offence against subsection (3) is an indictable offence. (5) An exempt electricity seller must not arrange for the supply of electricity at person's premises to be disconnected under subsection (1) except in accordance with this section. (6) An exempt electricity seller who contravenes subsection (5) commits an offence against that subsection and is liable to a penalty not exceeding— (7) Subsection (5) is a civil penalty requirement for the purposes of the **Essential Services Commission Act 2001**. For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the **Essential Services Commission Act 2001**. Subdivision 5—Register of life support customers and residents S. 40SV inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SV Register of life support customers and residents (1) A retailer or an exempt electricity seller must establish and maintain a register of life support customers and life support residents. (2) A retailer or an exempt electricity seller must not remove any life support customer details relating to a registered life support customer from a register of life support customers and residents except— (a) at the request of the registered life support customer in accordance with an applicable Code; or (b) as provided under an applicable Code. (2A) A retailer or an exempt electricity seller who contravenes subsection (1) or (2) commits an offence against that subsection and is liable to a penalty not exceeding— (2B) Subsections (1) and (2) are civil penalty requirements for the purposes of the **Essential Services Commission Act 2001**. (3) A retailer or an exempt electricity seller may maintain the register of life support customers and residents in any form and manner determined by the retailer or exempt electricity seller. For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the **Essential Services Commission Act 2001**. Subdivision 6—Miscellaneous S. 40SW inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103). 40SW Alternative verdict for charge of knowingly or recklessly disconnecting supply of electricity at premises (1) This section applies if, on the trial of a retailer or an exempt electricity seller charged with an offence against section 40SD, 40ST(3) or 40SU(3), the jury are not satisfied that the retailer or exempt electricity seller is guilty of the offence charged, but are satisfied that the retailer or exempt electricity seller is guilty of an offence against section 40SE, 40ST(5) or 40SU(5) (as the case requires). (2) The jury may acquit the retailer or exempt electricity seller of the offence charged and find the retailer or exempt electricity seller guilty of an offence against section 40SE, 40ST(5) or 40SU(5) (as the case requires) and the retailer or exempt electricity seller is liable to punishment accordingly. Pt 2 Div. 6 (Heading) substituted by No. 60/2006 s. 3.