43Terms and conditions of contracts for sale of gas to certain customers

43 Terms and conditions of contracts for sale of gas to certain customers S. 43(1) amended by No. 37/2020 s. 16(1). (1) Subject to subsection (1B), a term or condition in a contract for the supply or sale of gas by a licensee to a relevant customer (whether entered into before, on or after 1 September 2001) is void to the extent that it is inconsistent with— S. 43(1)(a) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 45. (a) terms and conditions decided by the Commission that— (i) specify the circumstances in which the supply of gas to premises may be disconnected; and S. 43(1)(a)(ii) amended by No. 62/2001 s. 77(c)(ii). (ii) require the licensee to provide information specified by the Commission about the rights and entitlements of customers; and (iii) specify the circumstances in which the licensee requires access to premises of customers for the purpose of reading meters or otherwise; and S. 43(1)(a)(iiia) inserted by No. 6/2019 s. 13. (iiia) specify the circumstances in which the licensee may, or must not, offer or give a discount or other benefit to a relevant customer, including— (A) the maximum amount or value of a discount or other benefit that may be offered or given to a relevant customer; and (B) the periods when a discount or other benefit may be offered or given to a relevant customer; and S. 43(1)(a)(iiib) inserted by No. 6/2019 s. 13. (iiib) specify a period during which the licensee must not vary the tariffs applying under the contract unless exempted to do so by the Commission; and (iv) make provision for confidentiality of customer information; and S. 43(1)(b) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 45, 41/2021 s. 63(1)(a). (b) any other terms and conditions decided by the Commission and provided for in the licence of the licensee; and S. 43(1)(c) inserted by No. 41/2021 s. 63(1)(b). (c) a provision of a Code of Practice. S. 43(1A) inserted by No. 91/2004 s. 19(1). (1A) In deciding terms and conditions that specify the circumstances in which the supply of gas to premises may be disconnected, the Commission must have regard to— (a) the essential nature of the gas supply; and (b) community expectations that ongoing access to gas supply will be available; and (c) the principle that the gas supply to premises should only be disconnected as a last resort. S. 43(1AB) inserted by No. 41/2021 s. 63(2). (1AB) The Commission must not decide a term or condition under subsection (1)(a) or (b) that is inconsistent with— (a) a deemed Ministerial licence condition to which the licence held by the licensee is subject; or (b) a provision of a Code of Practice. S. 43(1B) inserted by No. 37/2020 s. 16(2), substituted by No. 41/2021 s. 63(3). (1B) A term or condition referred to in subsection (1)(a) or (b) is of no effect to the extent that it is inconsistent with— (a) a deemed Ministerial licence condition to which the licence held by the licensee is subject; or (b) a provision of a Code of Practice. (2) If a term or condition of a contract is void pursuant to subsection (1) because of an inconsistency with a term or condition referred to in subsection (1)(a) or (b), that term or condition referred to in subsection (1)(a) or (b) is deemed to form part of that contract in place of the void term or condition. (3) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a relevant customer or class of relevant customers. (4) An Order under subsection (3) may specify a class of persons by reference to all or any of the following— (f) any other specified factor relevant to the sale of gas. S. 43(5) amended by Nos 62/2001 s. 77(c)(ii), 75/2004 s. 45. (5) An Order under subsection (3) may confer powers and functions on, and leave any matter to be decided by, the Commission. S. 43(5A) inserted by No. 106/2003 s. 26(3), amended by No. 72/2010 s. 48(Sch. item 12(6)). (5A) Sections 78(2), 83, 84 and 85 of the Australian Consumer Law (Victoria) do not apply to a contract for the supply or sale of gas to a relevant customer. S. 43(5B) inserted by No. 106/2003 s. 26(3), amended by Nos 75/2004 s. 45, 72/2010 s. 48(Sch. item 12(7)). (5B) Section 82 of the Australian Consumer Law (Victoria) does not apply to a contract for the supply or sale of gas to a relevant customer unless the terms and conditions decided for the purpose of subsection (1) require the inclusion of a cooling-off period in that contract. S. 43(5C) inserted by No. 106/2003 s. 26(3), amended by No. 72/2010 s. 48(Sch. item 12(8)). (5C) If section 82(3)(b) of the Australian Consumer Law (Victoria) applies to a contract for the supply or sale of gas to a relevant customer then, for the purposes of that subsection, the relevant customer is deemed to have received the document evidencing the contract and the notice on the day on which the licensee is taken under that contract to have given the document and notice to the customer. S. 43(6) def. of *cooling-off period* inserted by No. 106/2003 s. 26(4). ***cooling-off period*** means a period within which a person is entitled under a contract to cancel the contract; ***relevant customer*** means a person, or a member of a class of persons, to whom an Order under subsection (3) applies. S. 43(7) amended by Nos 40/2003 s. 5, 91/2004 s. 19(2), 55/2007 s. 18, repealed by No. 59/2008 s. 24. S. 43A (Heading) amended by No. 59/2008 s. 25(1). S. 43A inserted by No. 91/2004 s. 20.