46CLicence condition requiring compliance with Order

46C Licence condition requiring compliance with Order A licence held by a relevant entity that is a retailer or distribution company is taken to include a condition requiring the retailer or distribution company to comply with an Order under section 46D. S. 46CA inserted by No. 11/2013 s. 6. 46CA Exempt seller condition requiring compliance with Order An Order under section 17 exempting an exempt seller that is a relevant entity from the requirement to obtain a licence in order to engage in the supply and sale of electricity is taken to include a condition requiring the exempt seller to comply with an Order under section 46D. S. 46D inserted by No. 60/2006 s. 4, amended by Nos 59/2008 s. 17, 55/2010 s. 9, substituted by No. 11/2013 s. 7. 46D Orders in relation to advanced metering infrastructure (1) The Governor in Council, by notice published in the Government Gazette, may make an Order for or with respect to— (a) the regulation of advanced metering infrastructure and associated services and systems; (b) the regulation of the installation, operation and maintenance of advanced metering infrastructure and associated systems; (c) the regulation of access to, or use of, advanced metering infrastructure and associated services and systems; S. 46D(1)(d) amended by No. 46/2014 s. 4(1)(a). (d) the regulation of access to and use of, or ownership of, data or information obtained or transmitted from, or sent through, advanced metering infrastructure and associated services and systems, including the purpose for which that data or information is obtained, transmitted or sent; S. 46D(1)(e) inserted by No. 46/2014 s. 4(1)(b). (e) payments in relation to— (i) the failure to install advanced metering infrastructure and associated systems; (ii) the failure to install advanced metering infrastructure and associated systems that meet a specified functionality or a specified standard of performance or service for that infrastructure and those systems; S. 46D(1)(f) inserted by No. 46/2014 s. 4(1)(b). (f) the manual reading of meters (including meters that are part of advanced metering infrastructure and associated systems) and fees and charges for that reading of meters. S. 46D(2) amended by No. 46/2014 s. 4(2)(a). (2) Without limiting subsection (1), an Order under subsection (1)(a), (b), (c) or (d) may— (a) specify a process for determining who is to be a relevant entity; (b) specify the minimum functionality required of advanced metering infrastructure supplied or installed by or on behalf of a relevant entity and the associated services and systems required for its support; (c) specify minimum standards of performance and service that must be met by a relevant entity in respect of the provision, installation, maintenance and operation of advanced metering infrastructure and associated services and systems; (d) require trials of technologies to be conducted by or on behalf of a relevant entity to identify the most cost-effective methods for the delivery of advanced metering infrastructure and associated services and systems and specify the nature and timing of those trials; (e) determine the number of customers or supply points (or both) in respect of which a relevant entity is required to supply or install advanced metering infrastructure and associated services and systems; (f) specify the factors to be used to determine the customers referred to in paragraph (e); (g) determine the date or dates by which, and the location at which, the advanced metering infrastructure and associated services and systems must be supplied or installed and the date or dates by which the infrastructure, services and systems must become operational; (h) specify how customers are to be notified when advanced metering infrastructure and associated services and systems become operational; (i) specify the entity that is responsible for the installation, operation and maintenance of advanced metering infrastructure and associated services and systems; (j) if a retailer is a relevant entity, specify the responsibilities of the entity on being notified of a customer's election to transfer to another retailer or an exempt seller, to ensure there is no cost impediment or other impediment to that transfer arising from the provision of advanced metering infrastructure; (k) specify the responsibilities of an exempt seller on being notified of a customer's election to transfer to another exempt seller or a retailer, to ensure there is no cost impediment or other impediment to that transfer arising from the provision of advanced metering infrastructure; (l) provide for the setting and regulation of the prices, fees and charges that a relevant entity who is a distribution company may charge for or in connection with the costs of, or in relation to, the provision, installation, maintenance and operation of advanced metering infrastructure and associated services and systems; (m) empower the recovery of the prices, fees and charges referred to in paragraph (l) from— (i) a retailer who is a relevant entity or a class or classes of retailers who are relevant entities supplied with electricity by the distribution company, or all customers of a retailer who is a relevant entity or a class or classes of customers of a retailer who is a relevant entity and is so supplied; (ii) an exempt seller or a class or classes of exempt sellers supplied with electricity by the distribution company, or all customers of an exempt seller or a class or classes of customers of an exempt seller who is so supplied; (n) specify the structure of AMI tariffs or classes of AMI tariffs at which a relevant entity will distribute, supply or sell electricity; (o) require a relevant entity that is a retailer or exempt seller to offer a specified customer, or a customer of a specified class, a choice of AMI tariffs or classes of AMI tariffs at which the entity will supply or sell electricity to the customer; (p) require a relevant entity that is a retailer or exempt seller to transfer a customer being supplied and sold electricity by the entity at a specified AMI tariff or at a specified class of AMI tariff to another AMI tariff at the request of the customer; (q) require a relevant entity that is a distribution company to, at the request of a retailer of a customer of that retailer, assign a specified AMI tariff or a specified class of AMI tariff at which electricity is distributed or sold by the entity to that customer; (r) prohibit the imposition of a fee or charge for a transfer or assignment referred to in paragraph (p) or (q); (s) require a relevant entity to give a specified customer, or a customer of a specified class, or a person or entity authorised by a customer— (i) information of an explanatory kind about advanced metering infrastructure; (ii) information about when a specified AMI tariff, or a specified class of AMI tariffs, may take effect; (iii) notification of the date when, or the period within which, electricity will be supplied and sold to that specified customer, or customers of that specified class, at specified AMI tariffs; (iv) information as to the basis on which a specified AMI tariff, or a specified class of AMI tariffs, is calculated; (v) information about the supply and installation of advanced metering infrastructure; (vi) specified electricity usage, billing and metering data relating to the consumption of electricity metered through advanced metering infrastructure and associated services and systems; (vii) any other information related to electricity supplied and sold through advanced metering infrastructure and associated services and systems; (t) specify how information referred to in paragraph (s) is to be given to a specified customer, or a customer of a specified class, or a person or entity authorised by a customer; (u) require a relevant entity to— (i) prepare, publish and maintain specified information; or (ii) give specified information to a specified customer, or a customer of a specified class, or to a person or entity authorised by the customer— to enable the customer to compare offers for the supply and sale of electricity that is to be supplied and sold at specified AMI tariffs; (v) specify how information referred to in paragraph (u) is to be published; (w) require a relevant entity to obtain the specified consent of a customer before that customer agrees— (i) to the supply and sale of electricity to that customer at a specified AMI tariff, or a specified class of AMI tariffs; (ii) to a variation to a specified AMI tariff, or a specified class of AMI tariffs at which electricity is supplied or sold to that customer; (x) require a relevant entity to keep confidential specified customer information, including historical electricity usage, billing and metering data relating to the consumption of electricity metered through advanced metering infrastructure and associated services and systems; (y) require a relevant entity to provide specified information to another relevant entity (the ***second entity***) for the purpose of enabling the second entity to comply with a requirement made under paragraph (s) or (u); (z) specify how information referred to in paragraph (y) is to be given to the second entity; (za) require a relevant entity to assist, in a specified manner, a specified customer, or a customer of a specified class, to enable the customer to determine whether the customer may benefit from being supplied and sold electricity at a specified AMI tariff; (zb) require a relevant entity to establish and maintain a specified method, format, process or procedure (which may be an electronic method, format, process or procedure) by which a specified customer, or a customer of a specified class, who is supplied and sold electricity at an AMI tariff may access— (i) data relating to electricity consumption by that customer; (ii) information about that AMI tariff and other AMI tariffs; (zc) provide for when a specified AMI tariff, or a specified class of AMI tariffs, may have effect; (zd) specify the requirements to be met by a relevant entity before the entity may offer to supply and sell, or distribute and supply, electricity to a specified customer, or a customer of a specified class, at a specified AMI tariff or specified class of AMI tariffs; (ze) prohibit or regulate the provision of supply capacity control services and load management services by means of advanced metering infrastructure and associated services and systems; S. 46D(2)(zf) amended by No. 46/2014 s. 4(2)(b). (zf) provide for audits of activities of a relevant entity for the purpose of determining whether the relevant entity is complying with section 46C or 46CA; S. 46D(2)(zg) inserted by No. 46/2014 s. 4(2)(c). (zg) requiring a relevant entity that is a distribution company to give the Minister and the Commission information about— (i) the installation (or non-installation) of advanced metering infrastructure and associated systems; (ii) installed advanced metering infrastructure and associated systems that do not meet a specified functionality or a specified standard of performance or service for that infrastructure and those systems; (iii) any payments referred to in subsection (3). S. 46D(3) inserted by No. 46/2014 s. 4(3). (3) Without limiting subsection (1), an Order under subsection (1)(e) may— (a) require a relevant entity that is a distribution company to make a payment to a customer by a specified date or in specified circumstances in relation to— (i) a failure to install advanced metering infrastructure and associated systems; (ii) a failure to install advanced metering infrastructure and associated systems that meet a specified functionality or a specified standard of performance or service for that infrastructure and those systems; (b) specify the amount of a payment referred to in paragraph (a) or provide for the setting and regulation of an amount of a payment referred to in that paragraph; (c) require a relevant entity to provide specified information to another relevant entity (the ***second entity***) for the purpose of enabling that second entity to comply with a requirement of an Order made under this subsection. S. 46D(4) inserted by No. 46/2014 s. 4(3). (4) Without limiting subsection (1), an Order under subsection (1)(f) may— (a) provide for the setting and regulation of the fees and charges that a relevant entity that is a distribution company may charge for or in connection with the costs of, or in relation to, the manual reading of meters (including meters that are part of advanced metering infrastructure and associated systems); (b) empower the recovery of the fees and charges referred to in paragraph (a) from— (i) a relevant entity that is a retailer or a class or classes of relevant entities that are retailers supplied with electricity by the distribution company, or all customers of a relevant entity that is a retailer or a class or classes of customers of a relevant entity that is a retailer and is so supplied; (ii) an exempt seller or a class or classes of exempt sellers supplied with electricity by the distribution company, or all customers of an exempt seller or class or classes of customers of an exempt seller who is so supplied; (c) require a relevant entity that is a retailer or exempt seller or a distribution company to give a specified customer, or a customer of a specified class, or a person or entity authorised by a customer, information about— (i) the manual reading of meters (including meters that are part of advanced metering infrastructure and associated systems); (ii) when the fees and charges associated with the costs of, or in relation to, the manual reading of meters may take effect; (d) require a relevant entity to provide specified information to another relevant entity (the ***second entity***) for the purpose of enabling that second entity to comply with a requirement of an Order made under this subsection. S. 46D(5) inserted by No. 46/2014 s. 4(3). (5) Without limiting subsection (1), an Order under subsection (1)(e) or (f) may prohibit a relevant entity that is a distribution company from recovering from— (a) specified customers who have advanced metering infrastructure and associated systems installed, costs specified under the Order for, or associated with, or related to, the manual reading of meters (including meters that are part of advanced metering infrastructure and associated systems); (b) any customer (by way of a fee, charge or otherwise) the amount of a payment of the kind referred to in subsection (3)(a). S. 46DA inserted by No. 55/2010 s. 10, amended by No. 11/2013 s. 8. 46DA Interrelationship of Orders and other provisions relating to tariffs A requirement under an Order of the Governor in Council made under section 46D is in addition to, and does not limit, a requirement under section 35, 35C, 35D, 36A or 40A. S. 46E inserted by No. 60/2006 s. 4.