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
Section 1 - Energy Coordination (Customer Contracts) Regulations 2004 - Energy Coordination (Customer Contracts) Regulations 2004 | Zoe
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
(c) registered office address and business address (if different from its registered office address); 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;
(c) the circumstances in which supply may be disconnected or reconnected;
(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;
(c) inform the customer that the supply charge includes —
(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
(c) when termination of the contract takes effect.
(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;
(c) commits an act of bankruptcy; or
(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;
(c) information about fees and charges payable under the contract;
(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;
(c) the way in which notice can be given under the contract and when such notice is deemed to be given;
(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;
or
(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
(c) the nature and extent of the customer’s obligation to pay for gas supplied at the supply address.
[(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
(c) prohibit a transferred customer from terminating the contract if the last resort supply fee has not been paid.
(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;
or
(b) within 2 years before entering into the contract, the customer has —
(i) fraudulently obtained supply; or
(ii) consumed gas intentionally and unlawfully;
or
(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
(c) the retailer disconnects supply at the supply address at the request of the customer; 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.]
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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.]