38ATransitional provisions in relation to retail sales

38A Transitional provisions in relation to retail sales

[Section 38A Inserted by No. 5 of 2013, s. 10, Applied:01 Jun 2013]

(1)  A person must not, in the period commencing on 1 January 2014 and ending immediately before 1 April 2014, sell electricity to a transitional customer at premises situated on mainland Tasmania, unless the person is a designated retailer, within the meaning of the National Energy Retail Law (Tasmania), in respect of the premises.

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 200 penalty units.

(2)  A person must not, in the period commencing on 1 April 2014 and ending on 30 June 2014, sell electricity to a transitional customer at premises situated on mainland Tasmania, unless the person is –

(a) a regulated offer retailer (whether or not the person is the regulated offer retailer in respect of the premises); or

(b) a designated retailer in respect of the premises under the National Energy Retail Law (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 200 penalty units.

(3)  Subsections (1) and (2) do 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

(c) a person who is an exempt seller, within the meaning of the National Energy Retail Law (Tasmania), if the sale of electricity to which that subsection would otherwise apply is permitted, or not prohibited, by the terms of the exemption of the person.