NSWIn ForceAct
Electricity Supply Act 1995
97BBBenchmark participants
Start here
Get a plain-English read of 97BB
Turn the raw legal text into a practical explanation grounded in Electricity Supply Act 1995.
#### 97BB Benchmark participants
97BB Benchmark participants
> > (1) The following persons are benchmark participants for the purposes of this Part—
> >
> > > (a) a retailer,
> >
> > > (b) an electricity generator prescribed by the regulations or any other person prescribed by the regulations, being an electricity generator or other person that supplies electricity directly to a customer under an electricity supply arrangement,
> >
> > > (c) a market customer (other than a retailer), but only in respect of an electricity load it has classified as a market load and that is electricity supplied for use in this State,
> >
> > > (d) a large customer who has made an election, that is in force, to be subject to a greenhouse gas benchmark,
> >
> > > (e) a person who is engaged in carrying out State significant development and who has made an election, that is in force, to be subject to a greenhouse gas benchmark.
>
> > (2) Regulations may be made for or with respect to the following matters—
> >
> > > (a) the making of elections to be subject to greenhouse gas benchmarks,
> >
> > > (b) the circumstances in which an election to be subject to a greenhouse gas benchmark takes effect or ceases to be in force,
> >
> > > (c) the greenhouse penalty payable by a customer or person whose election to be subject to a greenhouse gas benchmark ceases to be in force,
> >
> > > (d) the circumstances when a person is taken to be a large customer or a large customer who uses electricity at more than one site,
> >
> > > (e) the circumstances when a related entity of a customer is entitled to make an election to be subject to a greenhouse gas benchmark as a large customer,
> >
> > > (f) the circumstances when a person is taken to be engaged in a joint venture with a customer or a related entity of a customer,
> >
> > > (g) the electricity purchases to be taken into account for the purpose of applying section 97BD (2) (a) to a benchmark participant that is a large customer and is not the purchaser of the whole or part of the electricity that qualifies it (either in its own right or as a related entity of a customer) as a large customer.
>
> **s 97BB:** Ins 2002 No 122, Sch 1 \[2\]. Am 2005 No 17, Sch 1 \[12\]; 2009 No 36, Sch 1 \[6\]; 2012 No 38, Sch 1 \[105\] \[106\].