Energy and Water Ombudsman Act 2006
sec.12Restrictions on functions—energy entities
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sec.12 Restrictions on functions—energy entities
In relation to an energy entity, the energy and water ombudsman can not accept a referral about or investigate any of the following— the fixing of— tariffs for customer connection services or customer retail services; or charging categories for the tariffs; or methodologies for fixing the tariffs or categories; the fairness or reasonableness of the terms of a connection contract or retail contract; disputes between relevant energy customers and energy entities about eligibility for State government concessions or rebates; disputes between— a small customer under an energy Act, or an eligible non-residential energy customer; and an on-supplier under an energy Act, other than a prescribed energy entity; a commercial activity carried out by an energy entity if the activity is outside the scope of any energy Act authority held by the entity; a thing required to be done under an energy Act or an order in a proceeding; a restriction on the supply of electricity required under an emergency rationing order under the Electricity Act 1994 customer contribution to the cost of capital works; a dispute between 2 or more entities of the following types of entity— energy entities; electricity entities under the Electricity Act 1994 ; special approval holders; industry participants under the Gas Supply Act 2003 . In this section— tariffs includes charges and prices. s 12 amd 2010 No. 53 s 12 ; 2015 No. 26 s 8 ; 2018 No. 22 s 11 ; 2020 No. 14 s 21 (sec.12-ssec.1) In relation to an energy entity, the energy and water ombudsman can not accept a referral about or investigate any of the following— the fixing of— tariffs for customer connection services or customer retail services; or charging categories for the tariffs; or methodologies for fixing the tariffs or categories; the fairness or reasonableness of the terms of a connection contract or retail contract; disputes between relevant energy customers and energy entities about eligibility for State government concessions or rebates; disputes between— a small customer under an energy Act, or an eligible non-residential energy customer; and an on-supplier under an energy Act, other than a prescribed energy entity; a commercial activity carried out by an energy entity if the activity is outside the scope of any energy Act authority held by the entity; a thing required to be done under an energy Act or an order in a proceeding; a restriction on the supply of electricity required under an emergency rationing order under the Electricity Act 1994 customer contribution to the cost of capital works; a dispute between 2 or more entities of the following types of entity— energy entities; electricity entities under the Electricity Act 1994 ; special approval holders; industry participants under the Gas Supply Act 2003 . (sec.12-ssec.2) In this section— tariffs includes charges and prices.