11Persons who may apply to energy ombudsman

11 Persons who may apply to energy ombudsman

11 Persons who may apply to energy ombudsman

(1) For the purposes of section 96A(1) of the Act, the following persons may apply to an energy ombudsman under an approved energy ombudsman scheme for a review of a decision—

(a) a small customer in respect of a matter arising between the customer and an exempt person concerning a contract for the supply of electricity or gas (including charges for electricity or gas) or any other matter relating to the supply of electricity or gas by the exempt person to the customer,

(b) a small customer in respect of a matter arising between the customer and a retailer or distributor concerning the obligations of the retailer or distributor under the Act or this Regulation,

(c) a small customer in respect of a matter arising between the customer and a retailer concerning the obligations of the retailer under the Gas Supply Act 1996 or regulations under that Act,

(d) a regulated offer customer in respect of a matter arising between the regulated offer customer and a retailer concerning regulated offer prices or a regulated pricing agreement under the Gas Supply Act 1996 or the National Energy Retail Law (NSW).

(2) For the purposes of section 96A(3) of the Act, a review of a decision on an application made by a person referred to in subclause (1) is to be free of charge to the person.

(3) In this clause—

exempt person means—

(a) an exempt seller or a person who is exempt (under section 3B of the National Energy Retail Law (NSW)) from the requirement to hold a retailer’s authorisation in respect of the sale of electricity or gas, or

(b) a person exempted from section 13 of the Act.

(4) In subclause (1)(a), a reference to a small customer is a reference to a person who would be a small customer of an exempt person if the exempt person were a retailer.

(5) A dispute or complaint in respect of a matter referred to in subclause (1)(a) is prescribed for the purposes of section 96B(1A)(f) of the Act.