47Power to make Codes of Practice

47 Power to make Codes of Practice S. 47(1) substituted by No. 41/2021 s. 22(1). (1) The Commission may make, amend or revoke Codes of Practice for or with respect to a regulated industry in accordance with this Part. (2) Without limiting the generality of subsection (1), a Code of Practice may provide for any matter relating to— (a) requiring a specified regulated entity or a specified class of regulated entity to develop, issue and comply with customer-related standards, procedures, policies and practices (including with respect to the payment of compensation to customers) in accordance with the Code of Practice; (b) specifying minimum customer-related standards, procedures, policies and practices for inclusion by a specified regulated entity or a specified class of regulated entity in a customer charter for specific services; S. 47(2)(ba) inserted by No. 41/2021 s. 22(2). (ba) requiring a specified regulated entity or a specified class of regulated entity to comply with any of the following— (i) term and conditions of contracts; (ii) requirements in relation to the supply of goods or services; (iii) requirements to assist customers who are experiencing financial hardship or family violence; (iv) requirements in relation to customers who use life support equipment; (c) requiring a specified regulated entity or a specified class of regulated entity to enter into an agreement with another specified regulated entity or another specified class of regulated entity for the purpose of ensuring that obligations relating to customer-related standards can be met; (d) specifying principles for the negotiation of agreements required under paragraph (c) between regulated entities in relation to standards and conditions of service and supply; (e) requiring regulated entities to maintain specified accounting records and to prepare accounts according to specified principles. (3) A Code of Practice may establish principles giving practical guidance in relation to the performance of the functions and the exercise of the powers of the Commission. S. 47(3A) inserted by No. 41/2021 s. 22(3). (3A) A Code of Practice may— (a) specify that it applies for the purposes of the **Electricity Industry Act 2000** or the **Gas Industry Act 2001**; and (b) specify any information, document, matter or thing required or permitted by the **Electricity Industry Act 2000** or the **Gas Industry Act 2001** to be specified to give effect to those Acts. (4) A Code of Practice may— S. 47(4)(a) substituted by No. 41/2021 s. 22(4)(a). (a) confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons or bodies; (b) direct how any matter or thing is to be done; (c) create an enforceable legal right; S. 47(4)(d) substituted by No. 41/2021 s. 22(4)(b). (d) be of general or limited application; S. 47(4)(e) inserted by No. 41/2021 s. 22(4)(b). (e) differ according to differences in time, place and circumstances; S. 47(4)(f) inserted by No. 41/2021 s. 22(4)(b). (f) specify that a provision of the Code of Practice is a civil penalty requirement; S. 47(4)(g) inserted by No. 41/2021 s. 22(4)(b). (g) provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the Code of Practice, whether— (i) unconditionally or on specified conditions; or (ii) either wholly or to such an extent as is specified. S. 47(4A) inserted by No. 41/2021 s. 22(5). (4A) A Code of Practice has effect despite anything to the contrary in any agreement or contract. S. 47(4B) inserted by No. 41/2021 s. 22(5). (4B) A Code of Practice takes effect on the day that it is published under section 49 or on a later day as is specified in that Code of Practice. (5) A Code of Practice is not a determination. (6) A reference in this Part to— (a) a proposed Code of Practice includes a reference to a proposed amendment to a Code of Practice; (b) a Code of Practice includes a reference to an amendment to a Code of Practice. New s. 48 inserted by No. 15/2008 s. 21.