7AApplication of the Essential Services Commission Act 2001

7A Application of the Essential Services Commission Act 2001 For the purposes of the **Essential Services Commission Act 2001**— (a) this Act is relevant legislation; and (b) the electricity industry is a regulated industry. S. 7AA inserted by No. 91/2004 s. 4. 7AA Declaration of classes of customers and retailers (1) The Governor in Council may by Order published in the Government Gazette— (a) declare a class or classes of persons to be small retail customers for the purposes of section 36A, 40C, 40D or 40E; S. 7AA(1)(b) amended by No. 59/2008 s. 4(1). (b) declare a licensee to be a specified retailer for the purposes of section 36A; S. 7AA(1)(c) inserted by No. 59/2008 s. 4(2). (c) declare circumstances to be specified circumstances for the purposes of section 36A. (2) An Order under subsection (1)(a) may declare a different class or classes of persons to be small retail customers for the purposes of each section specified in that paragraph. S. 7AA(3) amended by No. 59/2008 s. 4(3). (3) An Order under subsection (1)(a) may specify a class of persons by reference to all or any of the following— (f) the nature of the contract for supply of electricity; (g) financial circumstances; (h) any other specified factor of any kind. S. 7AA(3A) inserted by No. 59/2008 s. 4(4). (3A) An Order under subsection (1)(b) may declare a licensee to be a specified retailer by reference to all or any of the following— (a) the number of small retail customers of the licensee; (b) the tariffs at, and terms and conditions on, which the licensee sells electricity to its small retail customers; (c) the distribution area of a distribution company provided for in the company's licence; (d) any other specified factor relevant to the sale of electricity. S. 7AA(3B) inserted by No. 59/2008 s. 4(4). (3B) An Order under subsection (1)(c) may declare circumstances to be specified circumstances by reference to all or any of the following— (a) the number of small retail customers of a specified retailer; (b) the tariffs at, and terms and conditions on, which a specified retailer sells electricity to its small retail customers; (c) the distribution area of a distribution company provided for in the company's licence; (d) any other specified factor relevant to the sale of electricity. (4) An Order under this section may confer powers and functions on, and leave any matter to be decided by, the Commission.