38BRegulated offer retailers

38B Regulated offer retailers

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

(1)  The Minister may, by order, declare an authorised retailer to be a regulated offer retailerin respect of premises.

(2)  The Minister may make more than one order under subsection (1) , but each such order is to relate to a different authorised retailer.

(3)  An authorised retailer may be declared in an order under subsection (1) to be a regulated offer retailer –

(a) in respect of premises situated on mainland Tasmania or on a part of mainland Tasmania specified in the order; or

(b) in respect of premises of a type of premises specified in the order; or

(c) in respect of premises of a type of customer, specified in the order, for the premises; or

(d) in respect of premises for a period specified in the order –

or in respect of premises by virtue of a combination of the factors referred to in paragraphs (a) , (b) , (c) and (d) .

(4)  An authorised retailer may only be declared in an order under subsection (1) to be a regulated offer retailer if the retailer, any subsidiary of the retailer, or any related body corporate of the retailer, have between them more than 50,000 small customers at premises situated on mainland Tasmania.

(5)  For the avoidance of doubt, an order under subsection (1) continues to apply, unless it is revoked, even if the authorised retailer in relation to which it is made, any subsidiary of the retailer, or any related body corporate of the retailer, have, at any time after the order is made and while the order is in force, between them less than 50,000 small customers at premises situated on mainland Tasmania.

(6)  The Minister, by order, may revoke an order made under subsection (1) .

(7)  The Minister –