48ACompensation for wrongful disconnection

48A Compensation for wrongful disconnection S. 48A(1) amended by No. 28/2021 s. 22(1)(a)(b). (1) Without limiting the generality of section 28, the conditions to which a licence to sell gas by retail is subject include a condition requiring the gas retailer to make a payment of a prescribed amount to a relevant customer in accordance with this section if the gas retailer arranges for the supply of gas at the premises of that customer to be disconnected and— S. 48A(1)(a) substituted by No. 28/2021 s. 22(1)(c). (a) the gas retailer does so otherwise than in accordance with Subdivision 3 of Division 4AA; or S. 48A(1)(b) substituted by No. 28/2021 s. 22(1)(c). (b) the gas retailer fails to comply with the terms and conditions of the supply and sale contract specifying the circumstances in which the supply of gas at those premises may be disconnected. S. 48A(1A) inserted by No. 59/2011 s. 41(1), amended by No. 28/2021 s. 22(2). (1A) Despite subsection (1), if the relevant customer does not notify the gas retailer of the disconnection within 14 days after the disconnection, the maximum payment under a condition under subsection (1) is the prescribed capped amount. (2) A payment under subsection (1) may be made directly to the customer or by way of rebate on the customer's gas bill. S. 48A(3) substituted by No. 28/2021 s. 22(3). (3) A payment under a condition under subsection (1) must be made as soon as practicable after— (a) the reconnection of the supply of gas at the premises of the relevant customer is arranged by a gas retailer under this Act; or (b) a relevant event occurs. (4) Nothing in this section affects any other right any person or body may have to take action against a licensee in relation to a disconnection of a supply of gas. (5) In this section— S. 48A(5) def. of *prescribed amount* amended by No. 49/2015 s. 24, substituted by No. 28/2021 s. 22(4)(a). ***prescribed amount*** means— (a) the amount prescribed by the regulations for the purposes of this section; or (b) if no amount is prescribed by the regulations— (i) if a relevant event occurs—$500 for each whole day that the supply of gas is disconnected and a pro rata amount for any part of a day that the supply of gas is disconnected, ending on the occurrence of the relevant event; or (ii) in any other case—$500 for each whole day that the supply of gas is disconnected and a pro rata amount for any part of a day that the supply of gas is disconnected; S. 48A(5) def. of *prescribed capped amount* inserted by No. 59/2011 s. 41(2). ***prescribed capped amount*** means— (a) the amount prescribed by the regulations for the purposes of subsection (1A); or (b) if no amount is prescribed, $3,500.00; S. 48A(5) def. of *relevant customer* amended by No. 28/2021 s. 22(4)(b). ***relevant customer*** has the same meaning as in section 43; S. 48A(5) def. of *relevant event* inserted by No. 28/2021 s. 22(4)(c). ***relevant event*** means— (a) a relevant customer's refusal of an offer from a gas retailer to arrange for the reconnection of the supply of gas at the relevant customer's premises; or (b) an event the result of which means it is not reasonably practicable for the gas retailer to arrange for the reconnection of the supply of gas at the relevant customer's premises; or (c) a prescribed event. S. 48A(6) inserted by No. 28/2021 s. 22(5). (6) For the purposes of the definition of ***relevant event*** in subsection (5), an offer from a gas retailer must not include any condition or requirement for reconnection other than any condition or requirement permitted under the supply and sale contract or any Act or law. S. 48B inserted by No. 91/2004 s. 24.