38Only Aurora Retail may retail electricity to non-contestable customers on mainland Tasmania

38 Only Aurora Retail may retail electricity to non-contestable customers on mainland Tasmania

[Section 38 Subsection (1) substituted by No. 21 of 1998, s. 13, Applied:19 Jun 1998] [Section 38 Subsection (2) substituted by No. 21 of 1998, s. 13, Applied:19 Jun 1998] [Section 38 Subsection (4) substituted by No. 21 of 1998, s. 13, Applied:19 Jun 1998] [Section 38 Subsection (5) inserted by No. 21 of 1998, s. 13, Applied:19 Jun 1998] [Section 38 Subsection (6) inserted by No. 21 of 1998, s. 13, Applied:19 Jun 1998] [Section 38 Subsection (7) inserted by No. 21 of 1998, s. 13, Applied:19 Jun 1998] [Section 38 Substituted by No. 9 of 2012, s. 17, Applied:01 Jul 2012]

(1)  A person other than Aurora Retail must not sell, or offer to sell, electricity to a non-contestable customer at premises situated on mainland Tasmania.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 1 000 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units.

(2)  Subsection (1) does not apply, in relation to a non-contestablecustomer who is a move-in customer, within the meaning of the National Energy Retail Law (Tasmania), until 3 months after the non-contestable customer becomes such a customer.

(3)  Subsection (1) does not apply in relation to –

(a) a person to whom section 23 of the National Energy Retail Law (Tasmania) Act 2012 applies; or

(b) a sale of electricity to which section 23 of the National Energy Retail Law (Tasmania) Act 2012 applies or an offer to sell such electricity; or