Energy Coordination (Customer Contracts) Regulations 2004 (Western Australia)

These regulations set mandatory content, processes and service standards for customer contracts used by gas retailers in Western Australia. They prescribe the form and minimum terms that must appear in any "customer contract" (standard form or non‑standard), the special additional requirements for standard form contracts and particular protections for residential customers, and standards of service for billing, debt collection and dispute information. The regulations operate by specifying what must be written into contracts and what service practices retailers must follow, and by cross‑referencing other legislative instruments and codes (for example, the Code of Conduct, the Gas Standards Act 1972 and the retail market rules referenced in the Energy Coordination Act 1994) so that contracts align with broader statutory and regulatory frameworks (see regs 3, 10, 17 and 25).

Mechanically, the instrument:

Requires contracts to be readable and plainly worded and to state commencement and duration (regs 5, 6).
Lists mandatory contract content: retailer identity and contact details (reg 7), exact description of goods and services (reg 8), retailer and gas distribution operator roles (reg 9), applicable codes and standards (reg 10), fees and billing arrangements (regs 14, 15), termination and assignment procedures (regs 16, 18), confidentiality (reg 22), and a requirement to comply with Part 5 standards of service (reg 24).
Imposes specific procedural requirements for disconnection and reconnection, including minimum notice periods for non‑payment (reg 12(4)) and a prohibition on disconnection in certain medical circumstances unless payment arrangements acceptable to the retailer are in place (reg 12(2)).
Sets separate tailored regimes for standard form contracts (Part 3) and non‑standard contracts (Part 4), including cooling‑off rights for non‑standard contracts (reg 40), specific termination notice periods (regs 30, 41), and distinct security deposit rules that exclude residential customers from security deposit requirements (regs 38C, 44A) and cap deposits for non‑residential customers (reg 38E).

CrestWestern Australia

Energy Coordination Act 1994

Energy Coordination (Customer Contracts) Regulations 2004

Western Australia

Energy Coordination (Customer Contracts) Regulations 2004

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1
Status of notes 3

Part 2 — Requirements for all customer contracts

Format and expression 4
Duration of contract 4
Details of retailer 4
Description of goods and services 4
Roles of retailer and gas distribution operator 5
Relevant codes 5
Certain obligations of customer in relation to supply 5
Disconnection and reconnection 5
Benefit changes 7
Fees and charges 8
Billing 9
Termination 9
Amendment of contract 11
Assignment 12
Information 12
Payment difficulties and debt recovery 13
Complaints 13
Confidentiality 13
Miscellaneous provisions 14
Compliance with standards of service 14
No contracting out of Code of Conduct 14

25A. Effect of last resort supply arrangements 15

25B. Heating value for determining charges for supply of gas 16

Part 3 — Specific requirements for standard form contracts

Division 1 — Requirements for all standard form contracts

Period for which contract has effect 17
Acceptable identification 17
Retailer’s obligations in relation to supply 18
Customer’s obligation to pay for gas 18
Termination of contract by customer 18
Equipment ownership and responsibility 18
Meter testing 19
Access to supply address 19
Customer entering supply address 19
Customer leaving supply address 20
Matters beyond control of customer or retailer 20
Supply charges 21

38A. Provisions relating to last resort supply 21

Division 2 — Security deposit requirements for certain standard form contracts

38B. Term used: customer 22

38C. Security deposits not payable by residential customers 22

38D. Security deposits may be required from certain customers 22

38E. Amount of security deposit 24

38F. Treatment of security deposit 24

38G. Use of security deposit 25

38H. Obligation to repay security deposit 25

38I. Failure to pay security deposit 26

38J. Permission for retailer to carry out credit checks 27

Part 4 — Specific requirements for non‑standard contracts

Division 1 — Requirements for all non‑standard contracts

38K. Term used: fixed term contract 28

Period for which contract has effect 28
Cooling‑off period for non‑standard contracts 28
Termination of contract by customer 29
Amendment of contract 29
Continuation of contract after expiry 29
Information relating to expiry of fixed term contract 30

Division 2 — Security deposit requirements for certain non‑standard contracts

44A. Security deposits not payable by residential customers 31

44B. Security deposits may be required from certain customers 31

Part 5 — Standards of service

Customer to be provided with copy of regulations or relevant code 33
Billing data 33
Debt collection 34
Default listing 35
Disconnection warning to include information on dispute resolution 36

Notes

Compilation table 37

Defined terms

Western Australia

Energy Coordination Act 1994

Energy Coordination (Customer Contracts) Regulations 2004

Part 1 — Preliminary

1. Citation

These regulations may be cited as the Energy Coordination (Customer Contracts) Regulations 2004.

2. Commencement

These regulations come into operation on the day on which section 28 of the Energy Legislation Amendment Act 2003 comes into operation.

3. Terms used

In these regulations, unless the contrary intention appears —

billing data means information contained in or relating to bills that have been issued by a retailer to a customer;

business day means a day that is not a Saturday, Sunday or public holiday;

charge includes price and tariff;

Code of Conduct means the code of conduct approved under section 11ZPM of the Act;

customer has the meaning given in section 11WB of the Act;

customer contract means a standard form contract or a non‑standard contract;

disconnection means the disconnection of supply;

gas distribution operator means the person who is required to hold a distribution licence for the distribution system through which gas is supplied to the customer;

gas industry ombudsman has the meaning given to that term in section 11ZPZ(1) of the Act;

gas industry ombudsman scheme means a scheme that is approved, or taken to be approved, under Part 2D Division 2 of the Act;

meter means equipment used to measure the quantity of gas supplied to a customer;

network equipment means the meter and any pipes, apparatus or other equipment used for or in connection with the supply of gas and located upstream from the meter;

non‑standard contract has the meaning given to that term in section 11WB of the Act;

provision of a customer contract means a provision, term or condition of a customer contract;

reconnection means the reconnection of supply;

relevant code means a code, standard or other document referred to in regulation 10;

residential customer means a customer who is required to pay a residential charge;

retailer means the holder of a trading licence;

security deposit means an amount of money provided as security against a customer defaulting on a payment due to a retailer under a customer contract;

standard form contract has the meaning given to that term in section 11WB of the Act;

supply means the supply of gas to a customer;

supply address means the address of the place to which gas is, or will be, supplied under a customer contract.

[Regulation 3 amended: SL 2022/104 r. 4 and 28.]

4. Status of notes

Notes in these regulations are provided to assist understanding and do not form part of the regulations.

Part 2 — Requirements for all customer contracts

5. Format and expression

(1) A customer contract must be in a format that makes it easy to read.

(2) A customer contract must be expressed in clear, simple and concise language.

6. Duration of contract

A customer contract must specify the day on which the contract comes into effect and the period for which it has effect.

7. Details of retailer

A customer contract must specify the retailer’s —

(a) company name and business name (if different from its company name); and

(b) Australian Business Number or Australian Company Number; and

(d) postal address; and

(e) telephone number; and

(f) email address; and

(g) internet website address.

[Regulation 7 amended: SL 2022/104 r. 5.]

8. Description of goods and services

A customer contract must give an exact description of the goods and services that the retailer will provide under the contract.

[Regulation 8 amended: SL 2022/104 r. 28.]

9. Roles of retailer and gas distribution operator

A customer contract must explain the respective functions of the retailer and the gas distribution operator in relation to supply.

[Regulation 9 amended: SL 2022/104 r. 28.]

10. Relevant codes

A customer contract must specify any code, standard or similar document that —

(a) the retailer has agreed to comply with; and

(b) is relevant to matters dealt with in the contract.

[Regulation 10 amended: SL 2022/104 r. 28.]

11. Certain obligations of customer in relation to supply

(1) A customer contract must prohibit the customer from tampering with or bypassing the meter or allowing any other person to do so.

(2) A customer contract must prohibit the customer from turning gas on at the meter, without the retailer’s permission, if the gas has been turned off by the retailer or the gas distribution operator.

[Regulation 11 amended: SL 2022/104 r. 6.]

12. Disconnection and reconnection

(1) A customer contract must deal with the following matters —

(a) the obligations of the retailer in relation to disconnection and reconnection;

(b) the rights of the customer before disconnection;

(d) the circumstances in which supply must not be disconnected;

(e) the process for disconnection or reconnection including when notice of disconnection or reconnection is to be given to the customer and the way in which it is to be given;

(f) any charges payable by the customer in respect of disconnection or reconnection.

(2) Without limiting subregulation (1), a customer contract must prohibit a retailer, except in circumstances where disconnection is required under the Gas Standards Act 1972, from disconnecting supply or causing disconnection to occur if —

(a) the customer has provided to the retailer a written statement from a medical practitioner to the effect that supply is necessary in order to protect the health of a person who lives at the customer’s supply address; and

(b) the customer has entered into arrangements acceptable to the retailer in relation to payment for gas supplied.

(3) In subregulation (2) —

medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession.

(4) Without limiting subregulation (1), a customer contract must require the retailer, before disconnecting supply for non‑payment of a bill —

(a) to give a written notice (the reminder notice) to the customer not less than 14 business days after the day on which the bill was issued (the billing day) advising the customer that payment is overdue and requiring payment to be made on or before the day specified in the reminder notice (being a day not less than 20 business days after the billing day); and

(b) if payment is not made on or before the day specified in the reminder notice, to give a further written notice (the disconnection warning) to the customer not less than 22 business days after the billing day advising the customer that disconnection will occur unless payment is made on or before the day specified in the disconnection warning (being a day not less than 10 business days after the day on which the disconnection warning is given).

(5) Without limiting subregulation (1), a customer contract must require the retailer, subject to the provisions of any written law or relevant code, to reconnect supply if —

(a) within 10 business days after disconnection for non‑payment of a bill, the customer pays the overdue amount or makes an arrangement for its payment; or

(b) within 10 business days after disconnection for denial of access to a meter, the customer provides access to the meter; or

(c) within 10 business days after disconnection for unlawful consumption of gas, the customer pays for the gas consumed; or

(d) within 10 business days after disconnection for refusal to pay a security deposit, the customer pays the security deposit; or

(e) within 20 business days after disconnection in an emergency situation or for health, safety or maintenance reasons, the situation or problem giving rise to the need for disconnection has been rectified,

and if the customer has paid any applicable reconnection fee.

[(6), (7) deleted]

[Regulation 12 amended: Gazette 14 Jun 2011 p. 2132; SL 2022/104 r. 7 and 28.]

13. Benefit changes

(1) In this regulation —

benefit change means a change to, or the expiry of, a benefit (such as a price discount) provided under a customer contract to the customer during a period that ends earlier than the date on which the contract will end.

(2) If a customer contract provides for a benefit change, the contract must —

(a) state that the retailer is required to inform the customer, not more than 40 business days and not less than 20 business days before the date of the benefit change, of —

(i) the benefit change; and

(ii) the options for supply available to the customer after the date of the benefit change;

and

(b) describe the way in which the retailer must give that information to the customer.

[Regulation 13 inserted: SL 2022/104 r. 8.]

14. Fees and charges

(1) A customer contract must describe the fees and charges payable by the customer under the contract and the circumstances in which those fees and charges are payable.

(2) Without limiting subregulation (1), a customer contract must —

(a) require the customer to pay a charge for gas supplied (the supply charge);

(b) inform the customer that the supply charge is either a residential charge or a non‑residential charge;

(i) a fixed component; and

(ii) a usage component related to the quantity of gas consumed by the customer,

and that the fixed component and the usage component are specified in the supply charge published by the retailer;

(d) require the customer to pay the non‑residential charge unless the customer qualifies to pay the residential charge; and

(e) describe the circumstances in which the customer qualifies to pay the residential charge.

(3) Subregulation (2)(c) does not apply to a customer contract if —

(a) the customer and the retailer agree that the supply charge is to be determined by a method that does not comply with that paragraph; and

(b) the method to be used for determining the supply charge is described in the customer contract.

(4) A customer contract must describe the way in which the retailer —

(a) publishes its supply charges; and

(b) gives notice of variations to its supply charges.

[Regulation 14 amended: SL 2022/104 r. 9 and 28.]

15. Billing

A customer contract must describe the procedures to be followed by the retailer in relation to the preparation, issue and review of the customer’s bills.

[Regulation 15 inserted: SL 2022/104 r. 10.]

16. Termination

(1) A customer contract must deal with the following matters —

(a) the circumstances in which the contract may be terminated by the retailer or the customer;

(b) the procedures for and in relation to termination of the contract; and

(2) Without limiting subregulation (1), a customer contract must authorise the retailer to terminate the contract if the customer —

(a) becomes insolvent;

(b) goes into liquidation;

(d) commits a substantial breach of the contract.

(3) A customer contract must not authorise the retailer to terminate the contract if the customer commits a breach of the contract (other than a substantial breach referred to in subregulation (2)(d)) unless —

(a) the retailer has a right to disconnect supply under the contract, a written law or a relevant code; and

(b) the retailer has disconnected supply at all supply addresses of the customer covered by the contract.

(4) Without limiting subregulation (1), a customer contract must include a provision that states that, despite any other provision of the contract, the termination of the contract by the retailer or the customer does not have effect until —

(a) in the case of termination because the customer has entered into another customer contract with the retailer, the cooling‑off period (if any) for that other contract expires;

(b) in the case of termination because the customer has entered into a customer contract with another retailer, the customer is transferred to the other retailer in accordance with the retail market rules (as defined in section 11ZOA of the Act) for the distribution system concerned; or

(c) in the case of termination following disconnection, the customer no longer has any right to reconnection under the provisions of the contract, a written law or a relevant code.

(5) Without limiting subregulation (1), a customer contract must include provisions that state that if the contract is terminated —

(a) the retailer may arrange for a final meter reading and for disconnection on the day on which the contract ends;

(b) the retailer may issue a final bill to the customer;

(c) the retailer may, subject to the provisions of any written law or relevant code, charge the customer a fee for the final meter reading, disconnection and final bill;

(d) the retailer or gas distribution operator may remove any network equipment at any time after the day on which the contract ends;

(e) the customer must allow the retailer or gas distribution operator safe and unrestricted access to the supply address for the purpose of removing network equipment; and

(f) if the customer wants the retailer to again supply gas to the customer, the customer must enter into a new customer contract with the retailer.

[Regulation 16 amended: Gazette 13 May 2005 p. 2074; SL 2022/104 r. 28.]

17. Amendment of contract

(1) A standard form contract must inform the customer that the provisions of the contract may be amended without the customer’s consent.

(1A) A non‑standard contract must inform the customer that the provisions of the contract may be amended without the customer’s consent to the extent that the amendment is required for the contract to remain consistent with a written law or a relevant code.

(2) A customer contract must describe the process for amendment of the contract including —

(a) any requirement for approval of a proposed amendment by a particular person or body; and

(b) the way in which an amendment will be published.

(3) A customer contract must authorise the customer, if the customer does not agree with an amendment to the contract, to terminate the contract in the way provided for in the contract.

[Regulation 17 amended: SL 2022/104 r. 11.]

18. Assignment

(1) A customer contract must deal with the assignment of rights and obligations under the contract by the customer and the retailer.

(2) Without limiting subregulation (1), a customer contract must set out the circumstances in which the customer’s rights and obligations under the contract may be assigned without the customer’s consent.

[Regulation 18 amended: SL 2022/104 r. 28.]

19. Information

A customer contract must require the retailer to make the following information available to the customer if the customer requests it —

[(a) deleted]

(b) a copy of these regulations or any relevant code;

(d) information about energy efficiency;

(e) billing data;

(f) contact details for obtaining information about Government assistance programs or financial counselling services.

Notes for this regulation:

Regulation 46 sets out standards of service to be met by a retailer in relation to providing copies of these regulations or a relevant code.
Regulation 47 sets out standards of service to be met by a retailer in relation to the provision of billing data.

[Regulation 19 amended: SL 2022/104 r. 12 and 28.]

20. Payment difficulties and debt recovery

(1) A customer contract must set out the procedures to be followed by the retailer and the customer if the customer has difficulty paying a bill.

[(2) deleted]

(3) A customer contract must set out the procedures to be followed by the retailer in relation to debt collection.

Note for this regulation:

Regulation 48 sets out standards of service to be met by a retailer in relation to debt collection.

[Regulation 20 amended: SL 2022/104 r. 13 and 28.]

21. Complaints

A customer contract must describe the procedures to be followed by the retailer in responding to a complaint made by the customer.

[Regulation 21 inserted: SL 2022/104 r. 14.]

22. Confidentiality

(1) A customer contract must specify the steps that are to be taken by the retailer to ensure that information held by the retailer about the customer is dealt with in a confidential manner.

(2) A customer contract complies with subregulation (1) if the contract specifies —

(a) that the retailer has a privacy policy that sets out the steps that are to be taken by the retailer to ensure that information held by the retailer about the customer is dealt with in a confidential manner; and

(b) the way in which the customer may obtain a copy of the retailer’s privacy policy without charge.

Note for this regulation:

Regulation 49 sets out standards of service to be met by a retailer in relation to dealing with information about a customer’s failure to pay a bill.

[Regulation 22 inserted: SL 2022/104 r. 14.]

23. Miscellaneous provisions

A customer contract must deal with the following matters —

(a) the law that governs the contract;

(b) the effect of any invalid or unenforceable provision on the other provisions of the contract;

(d) the use of electronic communication by the retailer when dealing with the customer.

[Regulation 23 amended: SL 2022/104 r. 28.]

24. Compliance with standards of service

A customer contract must require the retailer to comply with the standards of service set out in Part 5.

[Regulation 24 amended: SL 2022/104 r. 28.]

25. No contracting out of Code of Conduct

(1) A customer contract must not include a provision that purports to exclude, restrict or modify the effect of the Code of Conduct.

(2) A provision of the kind described in subregulation (1) is of no effect.

25A. Effect of last resort supply arrangements

(1) In this regulation —

relevant last resort supply plan means the last resort supply plan approved or determined under section 11ZAG of the Act for the supply area in which the customer is located.

(2) A customer contract must explain in general terms the arrangements under which gas will be supplied to the customer if the relevant last resort supply plan comes into operation under section 11ZAD of the Act.

(3) A customer contract must provide that, if the relevant last resort supply plan comes into operation under section 11ZAD of the Act, the contract ceases to have effect immediately before the day on which the customer —

(a) is transferred to the supplier of last resort under the plan; or

(b) if the plan so allows, transfers to another retailer.

(4) A provision for the purposes of subregulation (3) is to be expressed to apply despite any other provision of the contract.

(5) This regulation does not apply to —

(a) a standard form contract; or

(b) a non‑standard contract that is in force immediately before the day on which the Energy Coordination (Customer Contracts) Amendment Regulations 2005 come into operation,

until the day fixed under section 60(4)(b) of the Energy Legislation Amendment Act 2003.

[Regulation 25A inserted: Gazette 13 May 2005 p. 2074‑5; amended: SL 2022/104 r. 28.]

25B. Heating value for determining charges for supply of gas

(1) In subregulation (2) —

determined heating value and gas day have the meanings given in the Gas Standards (Gas Supply and System Safety) Regulations 2000 regulation 17A.

(2) A person who sells gas under a customer contract that is transported through a distribution system in which gas of different qualities from 2 or more pipelines is commingled must, when using the heating value of the gas for the purpose of —

(a) determining the charge for the supply of gas on any gas day; or

(b) determining the charge for the supply of gas on the basis of the average of the heating value on a number of gas days,

use the determined heating value for that day or each of those days.

Penalty: a fine of $1 000.

[Regulation 25B inserted: Gazette 27 Jan 2009 p. 178‑9.]

Part 3 — Specific requirements for standard form contracts

Division 1 — Requirements for all standard form contracts

[Heading inserted: SL 2022/104 r. 15.]

26. Period for which contract has effect

A standard form contract must be expressed to have effect for a definite period.

27. Acceptable identification

(1) In this regulation —

acceptable identification, in relation to —

(a) a customer who is an individual — means any of the following —

(i) a driver’s licence, a current passport or another form of photographic evidence;

(ii) a pensioner concession card or other entitlement card issued by or on behalf of the Commonwealth or a State or Territory;

(iii) a birth certificate;

(b) a customer that is a sole trader or a partnership comprising individuals — means any of the forms of identification in paragraph (a) for at least 1 of the individuals who conduct the business or enterprise concerned; or

(c) a customer that is a body corporate or a partnership comprising bodies corporate — means the Australian Company Number or Australian Business Number of each body corporate that conducts the business or enterprise concerned; or

(d) a customer that is a partnership comprising 1 or more individuals and 1 or more bodies corporate means —

(i) any of the forms of identification in paragraph (a) for at least 1 of the individuals who conduct the business or enterprise concerned; and

(ii) the Australian Company Number or Australian Business Number of each body corporate that conducts the business or enterprise concerned.

(2) A retailer may require the customer to provide acceptable identification as a precondition to entering into a standard form contract with the customer.

[Regulation 27 inserted: SL 2022/104 r. 16.]

28. Retailer’s obligations in relation to supply

A standard form contract must specify the obligations of the retailer with respect to the supply of gas.

[Regulation 28 inserted: SL 2022/104 r. 16.]

29. Customer’s obligation to pay for gas

A standard form contract must require the customer to pay for gas supplied under the contract.

30. Termination of contract by customer

Without limiting regulation 16(1), a standard form contract must authorise the customer to terminate the contract at any time by giving notice to the retailer not less than 3 business days before the day on which the customer wants the contract to end.

[Regulation 30 amended: SL 2022/104 r. 28.]

31. Equipment ownership and responsibility

A standard form contract must deal with ownership of, responsibility for, and rights and obligations in relation to, equipment used for or in connection with supply under the contract.

32. Meter testing

A standard form contract must inform the customer —

(a) that the customer can ask the retailer to test the meter; and

(b) of the circumstances in which the customer is required to pay a fee for the test.

[Regulation 32 amended: SL 2022/104 r. 28.]

33. Access to supply address

(1) A standard form contract must require the customer to provide safe and unrestricted access to the meter at the supply address.

(2) A standard form contract must require the customer to provide safe and unrestricted access to the gas installation (as defined in section 4 of the Gas Standards Act 1972) at the supply address for the purposes of any inspection authorised by law.

[(3) deleted]

[Regulation 33 amended: SL 2022/104 r. 17.]

34. Customer entering supply address

(1) A standard form contract must, in relation to a new gas connection, specify the day and time from when the customer will be charged for gas supplied at the supply address.

(2) A standard form contract must, in relation to an existing gas connection, specify the method used to determine the quantity of gas supplied to the customer at the supply address if a final meter reading is not carried out on the day that the previous customer left the supply address.

35. Customer leaving supply address

(1) A standard form contract must include provisions that deal with the following matters —

(a) a requirement for notice to be given by the customer to the retailer before the customer leaves the supply address;

(b) the method used to determine the final charge payable by the customer for gas supplied at the supply address and any fee payable by the customer in respect of that determination; and

[(2) deleted]

(3) Without limiting subregulation (1)(c), a standard form contract must include a provision to the effect that if the customer (the old customer) leaves the supply address and another customer (the new customer) enters into a customer contract (the new contract) with the retailer for that supply address, the old customer is not required to pay for any gas supplied at that supply address after the time when the new customer’s obligation to pay for gas supplied under the new contract takes effect.

[Regulation 35 amended: SL 2022/104 r. 18 and 28.]

36. Matters beyond control of customer or retailer

A standard form contract must deal with the respective rights and obligations of the customer and the retailer if something happens that is beyond the control of the customer or the retailer.

[Regulation 36 amended: SL 2022/104 r. 28.]

[37. Deleted: SL 2022/104 r. 19.]

38. Supply charges

Without limiting regulation 14(1), a standard form contract must specify that the supply charge (as defined in regulation 14(2)(a)) conforms with the requirements of the Energy Coordination (Gas Tariffs) Regulations 2000 in relation to capped tariffs.

38A. Provisions relating to last resort supply

(1) In this regulation —

last resort supply fee has the meaning given to that term in regulation 3 of the Energy Coordination (Last Resort Supply) Regulations 2005;

last resort supply plan means a last resort supply plan approved or determined under section 11ZAG of the Act;

transferred customer means a customer who is transferred to the retailer as the supplier of last resort under a last resort supply plan.

(2) This regulation applies to the standard form contract of a retailer if the retailer is the supplier of last resort for a supply area under Part 2A Division 6A of the Act.

(3) Without limiting regulation 14(1), if the last resort supply plan for the supply area makes provision for a last resort supply fee, the standard form contract of the retailer must —

(a) require a transferred customer to pay the last resort supply fee to the retailer;

(b) specify when the last resort supply fee is payable; and

(4) The standard form contract of the retailer must require the retailer to supply gas to a transferred customer for a period of not less than 3 months after the day on which the transfer occurs unless the transferred customer terminates the contract.

(5) The standard form contract of the retailer must not authorise the retailer to terminate the contract because of anything done or omitted to be done by a transferred customer before transfer to the retailer.

(6) A provision for the purposes of subregulation (3)(c) or (4) is to be expressed to apply despite any other provision of the contract.

[Regulation 38A inserted: Gazette 13 May 2005 p. 2075‑6; amended: SL 2022/104 r. 28.]

Division 2 — Security deposit requirements for certain standard form contracts

[Heading inserted: SL 2022/104 r. 20.]

38B. Term used: customer

In this Division —

customer does not include a residential customer.

[Regulation 38B inserted: SL 2022/104 r. 20.]

38C. Security deposits not payable by residential customers

A standard form contract entered into by a residential customer must not state that the residential customer is required to pay a security deposit to the retailer.

[Regulation 38C inserted: SL 2022/104 r. 20.]

38D. Security deposits may be required from certain customers

(1) A standard form contract must state whether or not the customer is required to pay a security deposit to the retailer.

(2) Subject to subregulations (3) and (5), a standard form contract may state that a customer is required to pay a security deposit to the retailer —

(a) at the time the customer asks the retailer to supply gas to the customer under a standard form contract; and

(b) at any time during the term of the standard form contract.

(3) A standard form contract that states that a customer is required to pay a security deposit must state that the customer is required to do so only if —

(a) the customer owes an amount to the retailer in relation to supply at any premises, unless the customer has disputed the bill relating to that amount and the bill is subject to —

(i) a review by the retailer; or

(ii) a complaint to the gas industry ombudsman;

(b) within 2 years before entering into the contract, the customer has —

(i) fraudulently obtained supply; or

(ii) consumed gas intentionally and unlawfully;

(c) the retailer reasonably decides that the customer has an unsatisfactory credit history or an unsatisfactory history relating to paying for gas supplied to the customer.

(4) Subregulation (5) applies to a standard form contract that states that a customer is required to pay a security deposit because of the retailer’s decision referred to in subregulation (3)(c).

(5) The standard form contract must state that the retailer is required to inform the customer of —

(a) the retailer’s decision that the customer has an unsatisfactory credit history or an unsatisfactory history relating to paying for gas supplied to the customer, and the reasons for that decision; and

(b) the retailer’s complaints handling procedures and the gas industry ombudsman scheme referred to in regulation 50.

[Regulation 38D inserted: SL 2022/104 r. 20.]

38E. Amount of security deposit

A standard form contract that states that a customer is required to pay a security deposit must state that the retailer is required to ensure that the amount of the security deposit is not greater than 37.5% of the customer’s estimated bills over a 12 month period, based on —

(a) billing data relating to the customer; or

(b) the average consumption of gas by a comparable customer over a comparable 12 month period.

[Regulation 38E inserted: SL 2022/104 r. 20.]

38F. Treatment of security deposit

(1) In this regulation —

bank bill swap rate means —

(a) the Australian Stock Exchange Bank Bill Swap Rate (BBSW) having a term equal to or nearest to 90 days, as published on the first day of the relevant 90 day period referred to in subregulation (3); or

(b) if the rate referred to in paragraph (a) is not published on that day, the rate published on the most recent day before that day.

(2) A standard form contract that states that a customer is required to pay a security deposit must state that the retailer is required —

(a) to keep security deposits paid to the retailer in a separate trust account; and

(b) to identify those security deposits separately in the retailer’s accounting records.

(3) A standard form contract that states that a customer is required to pay a security deposit must state that the retailer is required to pay interest to the customer on the security deposit, at the bank bill swap rate, that accrues daily and is capitalised every 90 days unless paid.

[Regulation 38F inserted: SL 2022/104 r. 20.]

38G. Use of security deposit

(1) In this regulation —

security deposit includes any interest accrued on the security deposit, as described in regulation 38F(3).

(2) A standard form contract that states that a customer is required to pay a security deposit must state that the retailer may apply the security deposit in full or partial satisfaction of amounts owed by the customer to the retailer only if —

(a) the retailer disconnects supply for non‑payment of a bill and the customer no longer has any right to reconnection under the standard form contract; or

(b) any amount owed by the customer relates to a final bill issued to the customer.

(3) A standard form contract that states that a customer is required to pay a security deposit must state that the retailer, within 10 business days after applying the security deposit as described in subregulation (2), is required —

(a) to provide the customer with a written statement of how the security deposit was applied; and

(b) to repay to the customer any amount of the security deposit that was not applied.

[Regulation 38G inserted: SL 2022/104 r. 20.]

38H. Obligation to repay security deposit

(1) A standard form contract that states that a customer is required to pay a security deposit must state that the retailer is required to repay to the customer, in accordance with the customer’s reasonable instructions and subject to the contract’s provisions described in regulation 38G, the amount of the security deposit, including any interest accrued as described in regulation 38F(3), within the period described in subregulation (2).

(2) The standard form contract must state that the security deposit is required to be repaid within 10 business days after —

(a) the customer completes 2 years of payments for supply by the date specified in the relevant bills; or

(b) the customer leaves the supply address; or

(d) the customer transfers to another retailer.

(3) The standard form contract must state that, if the customer does not give reasonable instructions for the repayment of the security deposit and any accrued interest, the retailer is required to credit the amount to be repaid —

(a) if subregulation (2)(a) applies to the repayment — to the customer’s next bill; or

(b) if subregulation (2)(b), (c) or (d) applies to the repayment — to the customer’s final bill.

[Regulation 38H inserted: SL 2022/104 r. 20.]

38I. Failure to pay security deposit

A standard form contract that states that a customer is required to pay a security deposit must state that if the customer fails to pay the security deposit, in whole or in part, the retailer may, subject to the conditions of its trading licence and the requirements of the contract referred to in regulation 12 —

(a) disconnect supply or cause disconnection to occur; or

(b) refuse to reconnect supply.

[Regulation 38I inserted: SL 2022/104 r. 20.]

38J. Permission for retailer to carry out credit checks

(1) This regulation applies if a standard form contract states that a customer is required to pay a security deposit during the term of the standard form contract.

(2) The standard form contract must state that the customer is required to provide the retailer, if and when requested by the retailer to do so, with —

(a) permission to investigate the customer’s credit history; and

(b) any information held by the customer about the customer’s credit history.

[Regulation 38J inserted: SL 2022/104 r. 20.]

Part 4 — Specific requirements for non‑standard contracts

Division 1 — Requirements for all non‑standard contracts

[Heading inserted: SL 2022/104 r. 21.]

38K. Term used: fixed term contract

In this Division —

fixed term contract means a non‑standard contract that is expressed to have effect for a definite period.

[Regulation 38K inserted: SL 2022/104 r. 21.]

39. Period for which contract has effect

A non‑standard contract may be expressed to have effect for a definite period or an indefinite period.

40. Cooling‑off period for non‑standard contracts

(1) In this regulation —

cooling‑off period means the period referred to in subregulation (2).

(2) A customer has a right, at his or her discretion, to rescind a non‑standard contract within the period of 10 business days after the contract is entered into and this right must be specified in the contract.

(3) A non‑standard contract must prohibit the retailer from supplying gas to the customer under the contract during the cooling‑off period unless the customer requests supply.

(4) A non‑standard contract must require the customer to pay the retailer for gas supplied and for any services provided in connection with that supply if —

(a) at the request of the customer, gas is supplied to the customer during the cooling‑off period; and

(b) the customer exercises his or her right to rescind the contract during that period.

[Regulation 40 amended: SL 2022/104 r. 22 and 28.]

41. Termination of contract by customer

(1) Without limiting regulation 16(1), a non‑standard contract (other than a fixed term contract) must authorise the customer to terminate the contract at any time by giving notice to the retailer not less than 3 business days before the day on which the customer wants the contract to end.

(2) A fixed term contract must authorise the customer to terminate the contract at any time by giving notice to the retailer not less than 20 business days before the day on which the customer wants the contract to end.

(3) Subject to the provisions of any other written law or a relevant code, a fixed term contract may allow the retailer to impose an additional charge if the contract is terminated by the customer.

(4) If a fixed term contract includes a provision referred to in subregulation (3), the contract must specify the amount of the charge or the method of calculating the charge.

[Regulation 41 amended: SL 2022/104 r. 28.]

42. Amendment of contract

Without limiting regulation 17, a non‑standard contract must require the retailer to notify the customer of any amendment to the contract.

[Regulation 42 amended: SL 2022/104 r. 28.]

43. Continuation of contract after expiry

A fixed term contract must provide for the continuation of the contract after expiry on the terms and conditions set out in the notification referred to in regulation 44(1) unless the customer has entered into another customer contract for the supply address to which the fixed term contract applies.

[Regulation 43 amended: SL 2022/104 r. 23.]

44. Information relating to expiry of fixed term contract

(1) A fixed term contract must state that the retailer is required to notify the customer —

(a) of the day on which the contract is due to expire; and

(b) of the options for supply available to the customer after expiry; and

(c) of the terms and conditions that will apply after expiry unless the customer exercises 1 of the options referred to in paragraph (b); and

(d) of the way in which the retailer must give the notification referred to in this subregulation to the customer.

(2) Subject to subregulation (3), the fixed term contract must state that the notification referred to in subregulation (1) is required to be given not more than 40 business days and not less than 20 business days before the day on which the contract is due to expire.

(3) If the term of the fixed term contract is less than 1 month, the contract must state that the notification referred to in subregulation (1) is required to be given at the commencement of the term.

(4) The fixed term contract (the current contract) must state that the retailer is not required to give the notification referred to in subregulation (1) if the customer —

(a) has already entered into a new fixed term contract with the retailer for the supply address to which the current contract applies; or

(b) has informed the retailer as to which of the options for supply referred to in subregulation (1)(b) the customer requires on the expiry of the current contract.

[Regulation 44 inserted: SL 2022/104 r. 24.]

Division 2 — Security deposit requirements for certain non‑standard contracts

[Heading inserted: SL 2022/104 r. 25.]

44A. Security deposits not payable by residential customers

A non‑standard contract entered into by a residential customer must not state that the residential customer is required to pay a security deposit to the retailer.

[Regulation 44A inserted: SL 2022/104 r. 25.]

44B. Security deposits may be required from certain customers

(1) In this regulation —

customer does not include a residential customer.

(2) A non‑standard contract must state whether or not the customer is required to pay a security deposit to the retailer.

(3) A non‑standard contract that states that a customer is required to pay a security deposit must state —

(a) the method used to calculate the amount of any security deposit; and

(b) the maximum amount that the retailer may require the customer to pay as a security deposit; and

(c) the circumstances in which the retailer may apply the security deposit in satisfaction of amounts owed by the customer to the retailer; and

(d) the circumstances in which the retailer must repay the security deposit to the customer.

(4) For the purposes of this regulation, regulations 38D(2), (3), (4) and (5), 38F, 38I and 38J apply as if any reference in those provisions to a standard form contract included a reference to a non‑standard contract.

[Regulation 44B inserted: SL 2022/104 r. 25.]

Part 5 — Standards of service

[45. Deleted: SL 2022/104 r. 26.]

46. Customer to be provided with copy of regulations or relevant code

(1) A retailer must, if requested to do so, provide a customer with a copy of these regulations or a relevant code as soon as practicable after receiving the request.

(2) A retailer may require a customer to pay a reasonable charge for the provision of a copy of these regulations or a relevant code under subregulation (1).

(3) In subregulation (2) —

reasonable charge means an amount that covers the reasonable costs of providing the copy.

(4) A retailer must ensure that copies of these regulations and any relevant code are available for inspection free of charge at the retailer’s principal office or place of business in the State.

[Regulation 46 amended: SL 2022/104 r. 27 and 28.]

47. Billing data

(1) In this regulation —

current supplier means a retailer who currently supplies gas to the customer concerned;

former supplier means a retailer who used to supply gas to the customer concerned;

prescribed time means 10 business days after the date of the request or any longer period agreed to by the customer and the retailer;

reasonable charge means an amount that covers the reasonable costs of providing the billing data.

(2) A current supplier —

(a) must use reasonable endeavours to comply, within the prescribed time, with a request by a customer for billing data held by the current supplier (the relevant request); and

(b) subject to subregulation (4), may require the customer to pay a reasonable charge for the provision of the billing data if —

(i) the customer has requested the current supplier to provide billing data in the period of 12 months immediately before the date of the relevant request; or

(ii) the period to which the billing data relates is more than 2 years before the date of the relevant request.

(3) A former supplier —

(a) must use reasonable endeavours to comply, within the prescribed time, with a request by a customer for billing data held by the former supplier if the period to which the billing data relates is not more than 2 years before the date of the request; and

(b) subject to subregulation (4), may require the customer to pay a reasonable charge for the provision of billing data.

(4) A retailer must not impose a charge for the provision of billing data if the billing data is required by the customer for the purposes of or in connection with a complaint made by the customer to the gas industry ombudsman.

[Regulation 47 amended: Gazette 2 Nov 2004 p. 4961; SL 2022/104 r. 28.]

48. Debt collection

A retailer must not commence legal proceedings for the recovery of an amount owed to it by a customer if the customer has entered into a payment arrangement in respect of that amount with the retailer and is complying with the terms of that arrangement.

[Regulation 48 amended: SL 2022/104 r. 28.]

49. Default listing

(1) In this regulation —

default means failure by a customer to pay a charge or any other amount specified in a bill.

(2) A retailer may only provide information about a default to a credit reporting agency if the default relates to a bill issued by the retailer.

(3) If the customer remedies the default the retailer must inform the credit reporting agency immediately of that fact.

(4) If the customer —

(a) remedies the default or enters into an arrangement with the retailer to remedy the default; and

(b) demonstrates to the retailer that extenuating circumstances led to the default,

the retailer must request the credit reporting agency to remove the information about the default from the customer’s record.

(5) A retailer must not provide information about a default to a credit reporting agency if —

(a) the customer has made a complaint in good faith relating to the default and the complaint has not been resolved; or

(b) the default relates to a portion of the bill that the customer has asked the retailer to review.

[Regulation 49 amended: SL 2022/104 r. 28.]

50. Disconnection warning to include information on dispute resolution

A retailer must include information about —

(a) its complaints handling process; and

(b) the gas industry ombudsman scheme of which it is a member,

on any disconnection warning (as defined in regulation 12(4)(b)) given to a customer.

[Regulation 50 amended: SL 2022/104 r. 28.]

dline

Notes

This is a compilation of the Energy Coordination (Customer Contracts) Regulations 2004 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation	Published	Commencement
Energy Coordination (Customer Contracts) Regulations 2004	28 May 2004 p. 1791‑823	31 May 2004 (see r. 2 and Gazette 28 May 2004 p. 1827)
Energy Coordination (Customer Contracts) Amendment Regulations 2004	2 Nov 2004 p. 4961	2 Nov 2004
Energy Coordination (Customer Contracts) Amendment Regulations 2005	13 May 2005 p. 2073‑6	14 May 2005 (see r. 2 and Gazette 13 May 2005 p. 2073)
Energy Coordination (Customer Contracts) Amendment Regulations 2008	27 Jan 2009 p. 178‑9	r. 1 and 2: 27 Jan 2009 (see r. 2(a));<br>Regulations other than r. 1 and 2: 28 Jan 2009 (see r. 2(b))
*Reprint 1: The Energy Coordination (Customer Contracts) Regulations 2004* as at 20 Nov 2009** (includes amendments listed above)
Energy Coordination (Customer Contracts) Amendment Regulations (No. 2) 2011	14 Jun 2011 p. 2132	r. 1 and 2: 14 Jun 2011 (see r. 2(a));<br>Regulations other than r. 1 and 2: 15 Jun 2011 (see r. 2(b))
Energy Coordination (Customer Contracts) Amendment Regulations 2022	SL 2022/104 17 Jun 2022	r. 1 and 2: 17 Jun 2022 (see r. 2(a));<br>Regulations other than r. 1 and 2: 1 Jan 2023 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

acceptable identification 27(1)

bank bill swap rate 38F(1)

benefit change 13(1)

billing data 3

billing day 12(4)

business day 3

charge 3

Code of Conduct 3

cooling-off period 40(1)

current contract 44(4)

current supplier 47(1)

customer 3, 38B, 44B(1)

customer contract 3

default 49(1)

determined heating value 25B(1)

disconnection 3

disconnection warning 12(4)

fixed term contract 38K

former supplier 47(1)

gas day 25B(1)

gas distribution operator 3

gas industry ombudsman 3

gas industry ombudsman scheme 3

last resort supply fee 38A(1)

last resort supply plan 38A(1)

medical practitioner 12(3)

meter 3

network equipment 3

new contract 35(3)

new customer 35(3)

non-standard contract 3

old customer 35(3)

prescribed time 47(1)

provision 3

reasonable charge 46(3), 47(1)

reconnection 3

relevant code 3

relevant last resort supply plan 25A(1)

relevant request 47(2)

reminder notice 12(4)

residential customer 3

retailer 3

security deposit 3, 38G(1)

standard form contract 3

supply 3

supply address 3

supply charge 14(2)

transferred customer 38A(1)

Western Australia

Energy Coordination Act 1994

Energy Coordination (Customer Contracts) Regulations 2004

Western Australia

Energy Coordination (Customer Contracts) Regulations 2004

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1
Status of notes 3

Part 2 — Requirements for all customer contracts

Format and expression 4
Duration of contract 4
Details of retailer 4
Description of goods and services 4
Roles of retailer and gas distribution operator 5
Relevant codes 5
Certain obligations of customer in relation to supply 5
Disconnection and reconnection 5
Benefit changes 7
Fees and charges 8
Billing 9
Termination 9
Amendment of contract 11
Assignment 12
Information 12
Payment difficulties and debt recovery 13
Complaints 13
Confidentiality 13
Miscellaneous provisions 14
Compliance with standards of service 14
No contracting out of Code of Conduct 14

25A. Effect of last resort supply arrangements 15

25B. Heating value for determining charges for supply of gas 16

Part 3 — Specific requirements for standard form contracts

Division 1 — Requirements for all standard form contracts

Period for which contract has effect 17
Acceptable identification 17
Retailer’s obligations in relation to supply 18
Customer’s obligation to pay for gas 18

The instrument builds on a few central concepts found in the definitions and then deploys them as mandatory contract architecture.

Key defined terms. The regulations define "customer contract" as either a standard form contract or a non‑standard contract (reg 3 and definition cross‑references to the Act). "Retailer" is the holder of a trading licence (reg 3). "Residential customer" is a customer required to pay a residential charge (reg 3). Other operational definitions include "billing data", "supply", "meter", "security deposit" and "network equipment" (reg 3). Several concepts are imported from other legislation or instruments, notably the Code of Conduct approved under the Act (reg 3) and "relevant code" which is any code, standard or similar document referred to in reg 10.

Standard form versus non‑standard contracts. Part 3 prescribes additional mandatory terms for standard form contracts (regs 26-38A and Div 2 on security deposits). A standard form contract must be for a definite period (reg 26) and may authorise the retailer to require acceptable identification before entering the contract (reg 27). Non‑standard contracts under Part 4 have different rules: they may be definite or indefinite (reg 39), include a 10 business day cooling‑off right (reg 40), and have different termination notice lengths for fixed term contracts (reg 41). The regulations permit standard form contracts to be amended without customer consent (reg 17(1)), whereas non‑standard contracts may be amended without consent only where necessary to remain consistent with written law or a relevant code (reg 17(1A)).

Security deposits. The regulations give a specific framework for when security deposits may be demanded and how they must be handled. Residential customers cannot be required to pay security deposits under standard form or non‑standard contracts (regs 38C and 44A). For non‑residential customers, the circumstances when a deposit may be required are limited to existing debts, recent fraudulent or unlawful consumption, or a retailer’s reasonable decision about unsatisfactory credit history (reg 38D(3)). Amounts are capped at no greater than 37.5% of estimated annual bills (reg 38E). Retailers must hold deposits in separate trust accounts, pay interest at the bank bill swap rate with daily accrual capitalised every 90 days (reg 38F), and follow strict rules about when a deposit may be applied or must be repaid (regs 38G, 38H).

Disconnection, notice and reconnection. The regulations tightly prescribe the process for disconnection on account of non‑payment. Prior to disconnecting, a retailer must send a reminder notice not less than 14 business days after billing day, setting a payment deadline no less than 20 business days after billing day, and a disconnection warning not less than 22 business days after billing day giving at least 10 business days to rectify the arrears from the date of the warning (reg 12(4)). Reconnection obligations are set out with specific trigger events and timeframes (reg 12(5)). The regulations also bar disconnection where a customer provides a written medical practitioner's statement unless acceptable payment arrangements are agreed (reg 12(2)).

Linkages to other instruments. The regulations intentionally cross‑refer to the Energy Coordination Act 1994 (various sections named in regs 3, 17, 25A, 38A), the Code of Conduct (reg 25), Gas Standards Act 1972 (reg 12(2)), the Gas Standards Regulations for heating value definitions (reg 25B(1)), the Energy Coordination (Gas Tariffs) Regulations 2000 for capped tariffs conformity (reg 38), and the Energy Coordination (Last Resort Supply) Regulations 2005 for last resort fee definitions (reg 38A(1)). The regulatory architecture therefore spreads compliance obligations across this regulations instrument and linked primary legislation, subordinate rules and codes.

Service standards and dispute access. Part 5 sets operational service standards: customers can request a copy of these regulations or a relevant code and the retailer must make them available (reg 46); billing data must be provided within 10 business days subject to limited reasonable charges (reg 47); retailers must not commence legal proceedings while a customer is honouring a payment arrangement (reg 48); rules for reporting defaults to credit agencies and removal of default listings in specified circumstances (reg 49); and disconnection warnings must include information about the complaints handling process and the gas industry ombudsman scheme (reg 50).

Penalty and enforcement. The only explicit monetary penalty stated in the regulations is in reg 25B, which imposes a fine of $1,000 for a retailer who uses an incorrect heating value methodology for commingled gas. Other enforcement mechanisms and penalties are not specified in the regulations themselves; compliance and enforcement rely mainly on contract obligations, the referenced Act, retailer licence conditions and external complaint handling (for example, the gas industry ombudsman scheme, regs 19 and 50). Where the regulations refer to "subject to the provisions of any written law or relevant code", they place decision points with the relevant regulators or code administrators.

Primary affected parties are retailers (trading licence holders), customers (distinguishing residential and non‑residential), gas distribution operators, and the gas industry ombudsman scheme. The regulations describe rights and obligations for each class and create discrete duties for retailers that shape operational choices, credit management, complaint handling and service delivery.

Retailers. The regulations impose direct drafting and operational obligations on retailers. Every customer contract offered by a retailer must contain specified clauses (regs 5-24). Retailers must include full corporate and contact details in contracts (reg 7), a clear description of services (reg 8), disclosure of any relevant codes they have agreed to comply with (reg 10), and procedures for billing, disconnection and reconnection (regs 12, 14, 15). Retailers must also comply with Part 5 service standards such as providing copies of the regulations/code on request (reg 46), delivering billing data within prescribed timeframes (reg 47), and the constraints on commencing legal proceedings where a payment arrangement exists (reg 48). Retailers may require acceptable identification for standard form contracts (reg 27), may seek security deposits from non‑residential customers under limited circumstances (Div 2, Part 3, regs 38D-38J), and must keep security deposits in separate trust accounts and pay interest at the bank bill swap rate (reg 38F).

Customers. All customers gain statutory minimum protections via contract terms required by the regulations. Residential customers are given specific protections: they cannot be required to pay security deposits under standard form or non‑standard contracts (regs 38C, 44A). Customers have rights of termination: standard form customers can terminate on 3 business days' notice (reg 30) while non‑standard fixed term contracts involve different notice periods and potential exit charges (reg 41). Non‑standard contracts also carry a 10 business day cooling‑off right allowing rescission (reg 40). Protections against disconnection for vulnerable customers are expressed: a retailer must not disconnect (except where required by the Gas Standards Act 1972) if the customer provides a medical practitioner’s statement and makes acceptable payment arrangements (reg 12(2)). Customers are entitled to obtain billing data within specified timeframes (reg 47) and to receive information on complaints handling and access to the gas industry ombudsman when given a disconnection warning (reg 50). The regulations also provide mechanisms for deposits to be repaid and interest to accrue on deposits (regs 38F, 38H).

Gas distribution operators. While the regulations primarily regulate retailer contracts, they require customer contracts to explain the roles of the retailer and the gas distribution operator (reg 9) and to reflect circumstances in which disconnection may be required by the Gas Standards Act 1972 (reg 12(2)). The regulations allow the removal of network equipment after contract termination (reg 16(5)(d)-(e)), and require retailers to authorise such access. Thus gas distribution operators are affected operationally through access and removal rights, and indirectly via coordination obligations referenced in retailer contracts.

Gas industry ombudsman and dispute resolution. The gas industry ombudsman scheme is referenced repeatedly. Contracts must inform customers about dispute mechanisms and the ombudsman’s contact details (reg 19(f), reg 50). The ombudsman functions as a dispute forum that affects practical enforcement because certain retailer actions (for example, default listings or charging for billing data) are constrained where a customer has made a complaint to the ombudsman (regs 47(4), 49(5)).

Other institutions. Regulators and code administrators influence compliance because the regulations require alignment with codes and the retail market rules under the Energy Coordination Act (regs 10, 16(4)(b), 25A, 38A). The Gas Standards Act 1972 and its regulations are directly referenced for disconnection exceptions and heating value definitions (regs 12(2), 25B(1)). Trading licence conditions are implicated through cross‑references; many provisions say "subject to the conditions of its trading licence" (e.g. reg 38I).

Who pays and who decides. Retailers bear administrative, accounting and operational costs to meet the contract drafting, trust accounting and interest payment obligations, and to implement disconnection notice processes and complaint handling. Customers indirectly pay some compliance costs through charges and tariff structures, but the regulations restrict certain recoveries, for example capping security deposits to 37.5% of estimated annual bills (reg 38E) and restricting when retailers can list defaults (reg 49). Decision points are split: retailers decide on matters permitted within the contract (for example whether a non‑residential customer must pay a deposit under specified grounds, reg 38D(3)(c)), while regulators and codes determine parameters and may require contractual alignment (regs 10, 17(1A), 25A).

This section sets out the concrete statutory duties placed on retailers and the binding rights afforded to customers by the regulations, with references to the specific provisions that create them.

Retailer drafting and disclosure duties

Readability and language. Retailers must present each customer contract in an easy to read format using clear, simple and concise language (reg 5(1)-(2)).
Contract duration and commencement. Contracts must specify the commencement date and the period for which the contract has effect (reg 6).
Identity and contact details. Retailers must state company name, ABN/ACN, registered office and business address, postal address, telephone number, email and website (reg 7).
Goods and services description and roles. Contracts must give an exact description of goods and services and explain the respective functions of the retailer and gas distribution operator in supplying gas (regs 8-9).
Codes and standards. Contracts must specify any codes or standards the retailer has agreed to comply with that are relevant to contract matters (reg 10).
Fees, charges and supply charge composition. Contracts must describe payable fees and charges, specify that supply charges include a fixed component and a usage component and indicate whether charges are residential or non‑residential (reg 14(1)-(2)(b)-(c)). Retailers must also describe how supply charges are published and how variations are notified (reg 14(4)).
Billing procedures. Contracts must set out procedures for bill preparation, issue and review (reg 15).
Amendment, assignment and termination. Contracts must set out amendment procedures (including publication and any approval required, reg 17(2)), assignment rules and the circumstances where a customer’s rights may be assigned without consent (reg 18). Termination procedures and effective dates must be dealt with (reg 16(1)) and specific authorisations for retailer termination are included for insolvency and substantial breach (reg 16(2)).

Duties and limits connected with disconnection and reconnection

Minimum notice stages for non‑payment. Before disconnecting for non‑payment, the retailer must issue a reminder notice not less than 14 business days after billing day, setting a day for payment not less than 20 business days after billing day, and if unpaid, a disconnection warning not less than 22 business days after billing day allowing not less than 10 business days from the warning to pay (reg 12(4)).
Reconnection triggers. Retailers must reconnect supply, subject to other written laws and codes, if specified events occur within set timeframes after disconnection (for example payment or payment arrangements within 10 business days after disconnection for non‑payment) and if any reconnection fee is paid (reg 12(5)).
Medical protection. Retailers must not disconnect where a customer provides a medical practitioner’s statement that supply is necessary for health and the customer enters arrangements acceptable to the retailer (reg 12(2)).

Security deposit regime

No deposits for residential customers. Residential customers must not be required to pay a security deposit under either standard form contracts (reg 38C) or non‑standard contracts (reg 44A).
Circumstances for deposit requests from non‑residential customers. Retailers may require a deposit if the customer owes amounts already (unless disputed and under review or ombudsman complaint), or if within two years the customer fraudulently obtained supply or illegally consumed gas, or if the retailer reasonably decides the customer’s credit history is unsatisfactory (reg 38D(3)).
Deposit amounts and administration. Deposits are capped at 37.5% of estimated annual bills (reg 38E). Retailers must hold deposits in separate trust accounts and pay interest at the bank bill swap rate accruing daily and capitalised every 90 days (reg 38F).

Customer rights

Cooling‑off for non‑standard contracts. Customers may rescind non‑standard contracts within 10 business days of entering the contract (reg 40(2)-(4)).
Termination notice rights. Standard form customers may terminate with at least 3 business days' notice (reg 30). Non‑standard fixed term customers require 20 business days' notice (reg 41(2)).
Access to information. Customers may request and obtain copies of the regulations or relevant codes, billing data, information about fees and charges, energy efficiency info, and contact details for government assistance or financial counselling (reg 19).
Protections during payment arrangements. Retailers must not commence legal proceedings for recovery while a customer complies with an agreed payment arrangement (reg 48).
Credit listing protections. Retailers may provide default information to credit reporting agencies only where the default relates to a bill issued by the retailer and must promptly remove listings where defaults are remedied, or in circumstances where extenuating circumstances are demonstrated (reg 49).

Other duties

No contracting out of the Code. Contracts cannot include provisions purporting to exclude, restrict or modify the effect of the Code of Conduct; such provisions are void (reg 25).
Standards of service. Contracts must require retailers to comply with Part 5 standards of service (reg 24).
Disconnection information requirements. Any disconnection warning must include details about the retailer’s complaints handling processes and the gas industry ombudsman scheme (reg 50).

Limited statutory penalty

Heating value rule. A specific criminal penalty applies for using an incorrect heating value when determining charges in commingled pipeline systems , $1,000 (reg 25B).

These duties form a contract‑level compliance grid; the regulations generally require retailers to specify operational practices in customer contracts and to act in accordance with those contracted processes.

The regulations themselves are primarily prescriptive contract and service standards; they do not establish an extensive penalty schedule within the instrument. Two enforcement mechanisms are explicit, and several implicit enforcement pathways exist through cross‑references to other instruments.

Explicit penalty

Heating value offence. Regulation 25B creates an explicit offence carrying a fine of $1,000 for a person who sells gas under a customer contract when gas of different qualities from two or more pipelines is commingled but fails to use the "determined heating value" (as defined in the Gas Standards (Gas Supply and System Safety) Regulations 2000 reg 17A) for calculating charges for supply on a gas day or averaged over gas days (reg 25B(2), penalty: fine of $1,000). This is the sole monetary penalty stated inside these regulations.

Implicit enforcement mechanisms and pathways

Contractual enforcement. The regulations require specific clauses to be included in customer contracts (regs 5-24). These clauses create private law rights that customers can enforce against retailers, and which also form the terms used by dispute handlers (for example, the gas industry ombudsman). The regulations repeatedly require contracts to describe complaints procedures and reference the gas industry ombudsman (regs 19, 21, 50), making contract disputes amenable to external resolution.
Ombudsman and dispute resolution. Several provisions limit retailer conduct where an ombudsman complaint is pending or where a customer has requested billing data for an ombudsman complaint (regs 47(4), 49(5)). While the regulations do not themselves specify penalties for regulatory non‑compliance, the gas industry ombudsman scheme and other dispute resolution bodies can require remedies and recommendations under their schemes as set out in the Act and the scheme rules (regs 3, 19, 50 refer to the scheme).
Licence and statutory enforcement. Many retailer obligations are framed "subject to the provisions of any written law or relevant code" or "subject to the conditions of its trading licence" (for example reg 12(5), reg 38I). Enforcement of licence obligations, codes or the Act (Energy Coordination Act 1994) is therefore likely to be the principal official enforcement route for breaches of some duties. The regulations themselves reference multiple provisions of the Act (for example, sections 11WB, 11ZPM, 11ZAG, 11ZAD, 11ZOA in regs 3, 25A, 38A, 16(4)(b)), indicating that the primary enforcement instruments for breaches beyond the heating value offence sit outside these regulations.
Civil proceedings. Contracts must state procedures for termination and may authorise retailers to take certain actions (reg 16). Customers may obtain remedies via civil court proceedings for breaches of contract terms that are prescribed by the regulations, though the regulations do not detail civil penalties.

Operational and reputational consequences

Ombudsman adverse decisions and public reporting can lead to reputational and commercial costs for retailers and potentially to regulatory action under trading licences. The regulations facilitate ombudsman review by requiring complaint procedures and information access (reg 19, reg 21, reg 50).
Credit reporting constraints and rules regarding default listing (reg 49) expose retailers to complaint risk if they list incorrectly; the ombudsman and credit reporting regulators would be relevant enforcement or remediation avenues.

Enforcement limits in the instrument

The regulations are largely silent on specific fines or criminal sanctions (other than reg 25B) and do not spell out administrative fines or civil penalty regimes inside their text. Therefore, enforcement of many obligations depends on contractual remedies, licence enforcement by the regulator under the Act, and ombudsman dispute resolution as set out in the Act and related scheme documents referenced in the regulations (regs 3, 19, 50).

In practice, compliance evaluation requires cross‑checking these regulations against the Energy Coordination Act 1994, licence conditions and the applicable codes to determine the full enforcement architecture for particular contraventions.

These regulations are intentionally embedded in a network of statutes, subsidiary instruments and codes. The text explicitly cross‑references the Energy Coordination Act 1994, the Code of Conduct, the Gas Standards Act 1972 and its regulations, the Energy Coordination (Gas Tariffs) Regulations 2000, the Energy Coordination (Last Resort Supply) Regulations 2005, and trading licence conditions and retail market rules. Compliance therefore requires simultaneous attention to those instruments.

Energy Coordination Act 1994

Definitions and obligations flow from the Act. The regulations repeatedly reference terms defined in the Act, for example "customer", "standard form contract" and the Code of Conduct (reg 3). Several provisions incorporate or rely on the Act’s mechanisms: last resort supply plans and transfers are governed by sections 11ZAG and 11ZAD of the Act and are expressly referenced in regs 25A and 38A; retail market rules (s 11ZOA) are referenced for transfer processes on termination of contract (reg 16(4)(b)); the gas industry ombudsman scheme approval is governed by Part 2D Division 2 of the Act (reg 3).
The Act and retailer trading licences provide licensing and enforcement mechanisms that are not restated in the regulations. The regulations are subordinate to the Act and often phrase obligations as being "subject to" the Act or licence conditions (for example reg 38I).

Code of Conduct and relevant codes

The Code of Conduct approved under the Act is non‑derogable in contract terms: a customer contract must not include terms that purport to exclude or modify the Code’s effect and any such provision is of no effect (reg 25). Contracts must specify codes or standards the retailer has agreed to comply with (reg 10).
"Relevant code" and "relevant code" standards of service are prescribed in Part 5 and other places; contract requirements may be limited by those codes, and amendments to codes will affect contract obligations where reg 17 requires non‑standard contract amendments to be consistent with written law or relevant code (reg 17(1A)).

Gas Standards Act 1972 and related regulations

Disconnection is subject to the Gas Standards Act 1972 in that the regulation expressly preserves disconnection that may be "required under the Gas Standards Act 1972" (reg 12(2)). The Gas Standards (Gas Supply and System Safety) Regulations 2000 define "determined heating value" and "gas day" which are referenced for the heating value offence in reg 25B(1)-(2). Compliance with technical standards under the Gas Standards Act may therefore constrain retailer operational decisions.

Energy Coordination (Gas Tariffs) Regulations 2000

Standard form contracts must state that supply charges conform with requirements of the Gas Tariffs Regulations in relation to capped tariffs (reg 38). Tariff design rules in those Regulations will therefore regulate the tariff components retailers can lawfully place in contracts.

Energy Coordination (Last Resort Supply) Regulations 2005 and last resort plans

The regulations require contracts to address last resort supply scenarios and specify the effect of last resort supply plan operation on customer contracts (reg 25A). Standard form contract obligations for retailers who are suppliers of last resort are set out in reg 38A, which cross‑references the last resort supply fee and plan terms defined in the Last Resort Supply Regulations and the Act.

Trading licences and retail market rules

Several consumer protections are framed "subject to the conditions of its trading licence" or require conformity with retail market rules for transfers (reg 16(4)(b), reg 38I). Enforcement and detailed obligations may therefore be extended or specified in licence conditions and market rules. Retailers must coordinate contract provisions with the retail market code for transfers and supplier change procedures (reg 16(4)(b)).

Consumer protection and privacy law

The regulation requires retailers to protect customer information and either specify steps in the contract or point to a privacy policy describing those steps and how to obtain it (reg 22). That interacts with privacy legislation and obligations in that the contract must specify confidentiality steps and access to privacy policy without charge (reg 22(2)).

Credit reporting and financial services law

The regulations limit when retailers may disclose defaults to credit reporting agencies and require correction/removal in certain circumstances (reg 49). Where billing data and default information are handled, retailers must reconcile these obligations with credit reporting laws and privacy rules.

Ombudsman scheme rules and other administrative instruments

The gas industry ombudsman scheme is referenced for complaints and dispute processes, and the regulations limit certain actions where complaints are pending (regs 19, 47(4), 49(5), 50). The ombudsman’s powers derive from the Act and scheme rules, not from these regulations, so the practical enforcement of many obligations will operate through the scheme.

Interaction implications

Subordination and dependency. Many regulatory duties are contingent on or limited by provisions in other instruments. For example, reconnection obligations are "subject to the provisions of any written law or relevant code" (reg 12(5)), making practical reconnection timelines potentially affected by other rules.
Cross‑administration of operational detail. Retailers must coordinate contractual content with tariff regulations, licence conditions, code obligations and market rules. Failure to do so can create inconsistency across instruments; the regulations require contract alignment where relevant (reg 17(1A)).
Multi‑forum enforcement. Breach consequences may be subject to contract remedies, ombudsman decisions, licence enforcement by the regulator under the Act, or discrete criminal penalties where provided (reg 25B). This dispersal of enforcement channels requires retailers to map compliance risks across several bodies.

For a full compliance assessment, practitioners must read these regulations alongside the named provisions of the Energy Coordination Act 1994, the relevant licence conditions, the Code of Conduct, Gas Standards Act provisions, and the tariff and last resort supply regulations referenced in the text.

The Compilation table at the end of the instrument records the regulation's amendment chronology and commencement dates. Key amendment milestones are:

Original regulations: Energy Coordination (Customer Contracts) Regulations 2004, published 28 May 2004 and commencing 31 May 2004 (compilation table).
Amendment Regulations 2004: Energy Coordination (Customer Contracts) Amendment Regulations 2004, published 2 Nov 2004 and commencing 2 Nov 2004 (compilation table).
Amendment Regulations 2005: Energy Coordination (Customer Contracts) Amendment Regulations 2005, published 13 May 2005 and (mostly) commencing 14 May 2005. These amending regulations inserted provisions such as regs 25A and 38A dealing with last resort supply arrangements and applicable transitional application for certain contracts (see reg 25A insertion note).
Amendment Regulations 2008/2009: The 2008 instrument inserted reg 25B (heating value rule) with commencement 27-28 January 2009 (compilation table notes show r.1-2 27 Jan 2009; other regs 28 Jan 2009).
Amendment Regulations (No. 2) 2011: published 14 Jun 2011; the compilation table notes r.1-2 commence 14 Jun 2011, with other regs commencing 15 Jun 2011. Those amendments deleted and adjusted certain earlier provisions (see notes where regs (6),(7) deleted; other deletions such as reg 37 and 45 in the text).
Amendment Regulations 2022: SL 2022/104, published 17 Jun 2022, with substantive provisions commencing 1 Jan 2023 (compilation table). These amendments are widely reflected across the text: multiple regulations were amended by SL 2022/104 r. 28 and other specific repeals or insertions (for instance, the insertion of headings in Part 3 and Division indicators, and changes to regs 3, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25A, 25B, 26-38A, 38B-38J, 38K, 39-44B, 46-50). The text includes numerous "[Regulation ... amended: SL 2022/104 r. ...]" annotations showing where the 2022 instrument altered the regulations.

Transitional notes and staged commencement

Some insertions carry transitional timing. For example, reg 25A(5) indicates it does not apply to certain contracts immediately but takes effect on the day fixed under section 60(4)(b) of the Energy Legislation Amendment Act 2003 (reg 25A(5)), reflecting staged application for existing contracts at the 2005 amendment.

Textual deletions and insertions

Several provisions have been deleted over time. The instrument shows explicit deletions, for example "(6), (7) deleted" in reg 12, deletion of reg 37 and of reg 45, and amendments to definitions in reg 3. The 2022 amendments reorganised the structure (heading insertions; Part 3 and Part 4 subdivisions) and updated content, particularly around customer information, billing, security deposits and contractual amendment processes.

Practical effect for compliance advice

Practitioners must ensure they are reading the reprinted and current consolidated version (the compilation table indicates a reprint at 20 Nov 2009 and subsequent amendments included up to 2022). The regulations’ multiple amendments mean that historical contracts or practices may be governed by prior versions for transitional situations; reg 25A(5) and similar transitional wording highlight the need to check commencement and transitional clauses in amending Acts and Regulations.

The compilation table and the inline amendment annotations provide the primary record in the source for the legislative history; for litigated or contested points, practitioners should also locate the amending instruments (SL references and Gazette notices) and any commencement notices to determine precise effective dates for particular obligations.

The text supplied contains no case citations or judicial decisions and does not record any litigation history. It names no cases, and there are no references in the regulations themselves to judicial interpretation or precedent. The instrument instead directs disputes toward administrative and quasi‑judicial forums (for example, the gas industry ombudsman scheme is repeatedly referenced: regs 3, 19, 47(4), 49(5), 50).

Implications of absence

Since the regulations do not include case law citations, practitioners wanting to understand how courts or tribunals have interpreted any of the provisions must search external legal databases and published decisions under the Energy Coordination Act 1994, disputes handled by the gas industry ombudsman, and any decisions by tribunals or courts concerning the regulations or associated contractual provisions. The regulations themselves indicate that statutory enforcement and dispute resolution will be mediated through the Act, licence conditions and the ombudsman scheme, rather than the regulations containing a standalone adjudicative reference framework.

Where to look for litigation

For cases concerning: disconnection practices and notice compliance; security deposit disputes or interest calculations; credit reporting disputes arising from reg 49; disputes about contract amendments and notification periods (regs 17, 44); or the heating value offence (reg 25B), relevant decisions could appear in civil courts (contract claims), regulatory enforcement under the Act, or in ombudsman determinations. The regulations’ cross references to the Act and codes mean that judicial interpretation of those instruments may also influence the application of the regulations.

Recommendation for practitioners

Before relying on a litigation precedent, confirm whether any relevant adjudications exist in Western Australia that interpret specific regulation clauses, and check gas industry ombudsman determinations for the kinds of disputes these regulations are designed to govern (billing, disconnection, deposits, reconnection, credit listings). The present source does not provide precedents; independent research in legal and administrative decision repositories is required.

The regulations contain multiple detailed requirements and conditional exceptions where practical non‑compliance can easily occur. The following are points where practitioners, retailers and customers should pay particular attention to operational traps and interlocking legal constraints arising directly from the text.

Notice timing strictness for disconnection

The notice sequence for non‑payment is precisely specified. A retailer must issue a reminder notice not less than 14 business days after the billing day and set a payment deadline not less than 20 business days after the billing day; if unpaid, the disconnection warning must be given not less than 22 business days after billing day and must give at least 10 business days to fix the arrears (reg 12(4)). Failure to match these exact business day counts may render any attempted disconnection procedurally invalid and expose the retailer to complaints.

Medical practitioner protection

The medical protection against disconnection requires a written statement from a medical practitioner registered under the Health Practitioner Regulation National Law (WA) that supply is necessary to protect a person's health living at the supply address, and requires the customer to enter into arrangements acceptable to the retailer (reg 12(2)-(3)). Practically, retailers must have processes to validate practitioner statements and document what constitutes "acceptable" payment arrangements. The regulation does not specify procedural time limits for acceptance, which creates potential dispute points.

Security deposit rules complexity

Residential customers cannot be required to pay security deposits (regs 38C, 44A). For non‑residential customers, deposits can only be required under limited conditions (reg 38D(3)), and amounts are capped at 37.5% of estimated annual bills (reg 38E). Retailers must track deposit interest, hold funds in separate trust accounts and capitalise interest every 90 days (reg 38F). Errors can arise from miscalculation of the estimated annual bill basis, applying deposits in disallowed circumstances (reg 38G(2) limits when deposits can be used), or failing to repay deposits within the specified 10 business day periods on triggering events (reg 38H).

Deposit use limitations

The retailer may apply a deposit only if (a) the retailer disconnects supply for non‑payment and the customer no longer has a right to reconnection under the contract; or (b) the amount owed relates to a final bill (reg 38G(2)). Using a deposit against regular arrears while reconnection rights remain may contravene reg 38G and create complaint exposure.

Billing data timeframes and charges

Current suppliers "must use reasonable endeavours" to comply within the prescribed time of 10 business days with billing data requests (reg 47(2)); they may charge in specific circumstances (repeat requests within 12 months or where the data period is more than two years), but must not charge when the data is required for an ombudsman complaint (reg 47(4)). The term "reasonable endeavours" and the conditions for a "reasonable charge" may be contested in disputes.

Default listings and credit reporting

A retailer may only report defaults that relate to a bill issued by that retailer (reg 49(2)). If the customer remedies the default, the retailer "must inform" the credit reporting agency immediately (reg 49(3)). If a customer demonstrates extenuating circumstances and remedies or arranges to remedy the default, the retailer must request removal of the listing (reg 49(4)). Retailers need robust processes to avoid premature reporting and to handle requests for removal rapidly; failure risks ombudsman complaints and potential statutory or consumer law claims.

Contract amendment and customer consent

Standard form contracts may be amended without customer consent (reg 17(1)), while non‑standard contracts may be amended without consent only to the extent required to remain consistent with written law or relevant code (reg 17(1A)). Retailers must therefore ensure they correctly classify contracts and follow the appropriate amendment procedures under reg 17(2), including any required approvals and publication methods, and provide a termination right to customers who disagree with amendments (reg 17(3)). Misclassifying a contract or failing to provide the specified termination or notification rights can create disputes.

Last resort supply implications

The operation of a last resort supply plan can cause a contract to cease immediately before transfer to the supplier of last resort or a permitted transfer (reg 25A(3)). Standard form contracts are initially exempt from some aspects of reg 25A(5), and reg 38A sets specific requirements for standard form contracts where the retailer is a supplier of last resort, including a prohibition on termination based on pre‑transfer conduct and a requirement to supply for at least 3 months post‑transfer unless the customer terminates (reg 38A(3)-(5)). Retailers that become suppliers of last resort must reflect these obligations in standard form contracts and operational processes.

Heating value calculation penalty

Under reg 25B(2) a fine of $1,000 applies where a person sells gas transported through a distribution system with commingled gas qualities and fails to use the "determined heating value". The definition of "determined heating value" is in the Gas Standards (Gas Supply and System Safety) Regulations 2000 reg 17A. Retailers must ensure metering and billing systems apply the prescribed methodology where commingling occurs.

Ambiguities and reliance on external instruments

Many duties are qualified by "subject to" other laws, codes and licence conditions (for example reconnection in reg 12(5) is "subject to the provisions of any written law or relevant code"). Where a code or licence condition prescribes different technical or procedural detail, conflicts may arise that require interpretation under the Act or adjudication by regulators or the ombudsman.

Implementation and operational friction points

Trust account management for deposits, interest calculation at the BBSW and capitalisation every 90 days, data retrieval processes to meet 10 business day windows, secure handling of medical practitioner statements, and consistent notice timing all create operational overhead. Retailers must reconcile these operational practices with back office systems, customer service workflows, and billing platforms.

In short, the regulations tightly control particular workflows with precise timeframes and financial mechanics; operational compliance requires carefully configured processes and clear recordkeeping to avoid disputes and regulatory exposure.

This section provides a practical compliance checklist and procedural guidance grounded in the text of the regulations. It is structured as actions for retailers and, where relevant, steps customers and advisers should confirm.

Contract drafting and disclosure (regs 5-10, 14-19, 22-24)

Ensure every customer contract is easy to read and uses clear, simple and concise language (reg 5). Use plain English templates and a short executive summary for customers.
Include the contract commencement date and definite period of effect (reg 6). For standard form contracts, ensure the contract is expressed to have effect for a definite period (reg 26).
Populate contract with mandatory retailer details: company and business name, ABN/ACN, registered office and business address, postal address, telephone, email and website (reg 7).
Provide an exact description of goods and services and explain retailer and gas distribution operator roles (regs 8-9).
List all codes, standards and other documents the retailer agrees to comply with and ensure contract terms do not purport to exclude or modify the Code of Conduct (reg 10, reg 25).
Include fee schedules and make explicit the supply charge components (fixed and usage) and whether charges are residential or non‑residential. Provide a mechanism for publishing charges and giving notice of variations (reg 14(2), (4)). Ensure tariffs conform with Energy Coordination (Gas Tariffs) Regulations where capped tariffs apply (reg 38).

Disconnection and reconnection procedures (reg 12, reg 50)

Implement a templated notice process that meets the minimum timing: reminder notice not less than 14 business days after billing day with payment deadline no less than 20 business days after billing day; disconnection warning not less than 22 business days after billing day providing at least 10 business days from warning to pay (reg 12(4)). Log and retain proof of delivery for notices.
Include reconnection triggers in contracts and operational procedures: payment or acceptable arrangement within specific timeframes triggers reconnection (reg 12(5)). Establish systems to process reconnections within the practical timeframes allowed by codes and written laws.
On disconnection warnings, include complaints handling process and gas industry ombudsman information (reg 50).

Security deposit handling (regs 38C-38J, 44A-44B)

Do not require security deposits from residential customers (regs 38C, 44A).
For non‑residential customers, document and limit the circumstances when a deposit may be requested: unpaid debts (unless disputed and under review or ombudsman complaint), fraudulent/unlawful consumption within two years, or a reasonable decision about unsatisfactory credit history (reg 38D(3)). Where a decision is based on credit history, inform the customer and give reasons and complaints procedures (reg 38D(5)).
Cap deposits at 37.5% of estimated annual bills and document the estimation basis using either customer billing data or a comparable customer average (reg 38E).
Maintain security deposits in a separate trust account and identify them separately in accounting records (reg 38F(2)). Calculate interest at the applicable bank bill swap rate, accrue daily, and capitalise every 90 days unless paid (reg 38F(3)). Ensure accounting/treasury systems support the BBSW calculation, accrual and capitalisation schedule, and customer statements.
Only apply deposits in the specific circumstances in reg 38G(2) and provide a written statement to the customer within 10 business days after applying a deposit and repay any unused amounts (reg 38G(3)).
Repay deposits within 10 business days on triggers such as completion of two years of on‑time payments, leaving the supply address, customer‑requested disconnection, or transfer to another retailer, and credit to next or final bill if the customer gives no instruction (reg 38H).

Billing and data provision (regs 14, 15, 47)

Publish supply charges and maintain a process to notify customers of variations as described in contracts (reg 14(4)).
Implement billing procedures to allow review and disputes as set out in contract (reg 15). Retain billing data and ensure systems can produce requested billing data within the "prescribed time" of 10 business days; agree longer periods with customers where necessary (reg 47(1), (2)). Do not charge for billing data required for an ombudsman complaint (reg 47(4)). Document reasonable charges policy sensibly.

Debt collection, payment arrangements and legal proceedings (reg 20, reg 48)

Include procedures for customers in payment difficulty and for debt collection in contracts (reg 20).
Do not commence legal proceedings for recovery if the customer has entered into a payment arrangement and is complying with its terms (reg 48). Ensure legal, credit and collections teams are aligned and that collection policies reflect this prohibition.

Complaints and ombudsman coordination (regs 19, 21, 50)

Include and publish complaints handling procedures in contracts and ensure staff can explain the process (regs 19, 21). Disconnection warnings must include ombudsman and complaints information (reg 50).
Cooperate with gas industry ombudsman requests and avoid steps such as default listing or charging for data where an ombudsman complaint is active and the billing data is required for the complaint (regs 47(4), 49(5)).

Defaults and credit reporting (reg 49)

Only provide default information to credit reporting agencies for defaults relating to bills issued by the retailer (reg 49(2)).
Implement immediate procedures to inform credit agencies when defaults are remedied and to request removal where the customer demonstrates extenuating circumstances and remedies or arranges to remedy the default (regs 49(3), (4)).
Do not list defaults where a customer has made a complaint in good faith and it is unresolved, or where the default is subject to a bill review request (reg 49(5)).

Meter testing, access and equipment (regs 31-35)

Incorporate meter testing rights and fee‑circumstances in contracts; provide processes for customer-initiated tests and fee determinations (reg 32).
Require customers to provide safe and unrestricted access to meters and gas installations, and set out notice and final reading procedures for customers leaving or entering supply addresses (regs 33-35).
Manage network equipment removal processes post‑termination and secure access rights in contracts (reg 16(5)(d)-(e)).

Contract amendment and termination (regs 16-18)

Ensure standard form contracts inform customers that provisions may be amended without consent and state amendment processes and publication methods (reg 17(1), (2)). Provide termination rights for customers who object to amendments (reg 17(3)).
For non‑standard contracts, require notification of amendments and limit amendment without consent to changes needed to remain consistent with written law or relevant codes (reg 17(1A), reg 42).
Verify termination rights and notice periods (reg 16, reg 30, reg 41) and ensure systems record effective termination dates in alignment with retail market rules for transfers (reg 16(4)(b)).

Recordkeeping and audit trails

Keep documentary evidence of notices, billing data provided, deposit trust account records and interest calculations (separate ledgers per reg 38F(2)), complaint handling outcomes, and ombudsman interactions. Records will be crucial in ombudsman reviews or licence enforcement.

Cross‑instrument conformity

Map contract content and operational procedures against the Energy Coordination Act 1994, the Code of Conduct, Gas Standards Act and regulations (for heating value definitions), tariff regulations and trading licence conditions referenced throughout the regulations. For last resort supply obligations, ensure contract clauses reflect reg 25A and reg 38A where applicable.

Training and system change

Train customer service, credit control and legal teams on statutory notice periods, deposit rules and the prohibition on commencing legal proceedings where customers comply with payment arrangements. Update billing and CRM systems to automate timeline triggers, deposit accounting and reporting for credit agencies.

Risk mitigation

For any ambiguity (for example, what constitutes "acceptable" payment arrangements or "reasonable" charges), document internal policies and decision rationales and ensure customers receive written explanations when adverse decisions (such as a deposit requirement) are made (reg 38D(5)). This documentation supports defence in ombudsman reviews.

Customer guidance

Inform customers about rights like cooling‑off for non‑standard contracts (reg 40), protections against deposits for residential customers (reg 38C, 44A), and the availability of the regulations and relevant code on request (reg 46). Make privacy policy readily available as required by reg 22.

By implementing these processes and documenting their operation against the specific regulation clauses cited above, retailers can align operational practice with the statutory contract architecture and service standards these regulations require.

Deep Dive

What it does

Current sections