44Restrictions on re-supply

44 Restrictions on re-supply

(1)  An electricity entity may enter into a contract for the supply of electricity to a customer to which this section applies –

(a) on conditions prohibiting or restricting the re-supply of the electricity; or

(b) on conditions providing for price discrimination according to whether the electricity is, or is not, to be re-supplied.

(2)  This section applies to a customer who has contractual rights (which may be aggregate rights arising under 2 or more separate contracts) to draw electricity from a power system at a rate of 50 megawatts or above.

(3)  [Section 44 Subsection (3) amended by No. 9 of 2012, s. 18, Applied:01 Jul 2012] [Section 44 Subsection (3) amended by No. 16 of 2003, s. 14, Applied:09 May 2003] For the purposes of section 51 of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code, a contractual condition under subsection (1) , and anything done to enforce compliance with the condition, are authorised by this Act.

(4)  [Section 44 Subsection (4) inserted by No. 16 of 2003, s. 14, Applied:09 May 2003] This section does not apply to a contract of a kind referred to in subsection (1) entered into by an electricity entity on or after 1 July 2001.