48DRegulation of pre-payment meters

48D Regulation of pre-payment meters (1) The Governor in Council may by Order published in the Government Gazette prohibit or regulate the implementation by a licensee of a pre-payment meter scheme in respect of the licensee's small retail customers. (2) An Order under subsection (1) regulating the implementation of a pre-payment meter scheme may specify terms and conditions applying to that scheme. (3) An Order under subsection (1) has effect from the date specified in the Order. S. 48D(4) repealed by No. 41/2021 s. 66. (5) This section applies despite anything to the contrary in any terms and conditions that form part or are deemed by this Act to form part of the contract between a licensee and a small retail customer. (6) The Minister must cause a copy of each Variation Order to be laid before each House of Parliament within 6 sitting days of that House following the making of the Order. (7) A Variation Order is subject to disallowance by a House of Parliament, and sections 23, 24 and 25 of the **Subordinate Legislation Act 1994** apply as if the Variation Order were a statutory rule within the meaning of that Act. (8) In this section— ***pre-payment meter*** means a meter that allows gas to be sold or supplied under an arrangement that allows the customers to make full payment for the gas before it is consumed; ***Variation Order*** means an Order made in substitution for or amending or revoking an Order made under subsection (1). S. 48DA inserted by No. 28/2021 s. 19 (as amended by No. 41/2021 s. 106). 48DA Prohibition on save and win-back offers (1) This section applies if a gas retailer (a ***losing retailer***) is aware that the customer transfer process has commenced or has been completed in respect of a domestic customer of the losing retailer. When a domestic customer has a supply and sale contract with a gas retailer and enters into a supply and sale contract with another gas retailer, the new retailer initiates the customer transfer process and at the end of that process the supply and sale contract with the losing retailer ends. (2) Without limiting the generality of section 28(2) or (3) or 29, but subject to this section, the conditions to which a licence to sell gas by retail held by a losing retailer is subject include a condition prohibiting the losing retailer from— (a) contacting the domestic customer during the prohibited period— (i) to make an offer to the domestic customer to renegotiate a supply and sale contract with the losing retailer and to terminate the supply and sale contract with another gas retailer; or (ii) to offer, or arrange the offer of, a benefit, privilege or service, including a bundled gas and electricity service, to the domestic customer for that customer to remain a customer of the losing retailer and to terminate the supply and sale contract with another gas retailer; or (iii) to make an offer to the domestic customer to enter into a new supply and sale contract with the losing retailer; or (iv) to offer, or arrange the offer of, a benefit, privilege or service, including a bundled gas and electricity service, to the domestic customer for that customer to enter into a new supply and sale contract with the losing retailer; or (b) requiring or permitting an employee or agent of the losing retailer to do a thing referred to in paragraph (a). (3) The losing retailer is not prohibited from contacting the domestic customer during the prohibited period for any other purpose, including— (a) in respect of any administrative or other matter resulting from or incidental to the customer transfer process; or (b) in respect of any fees or charges which are owed to the losing retailer by the domestic customer under the supply and sale contract with the losing retailer; or (c) responding to any query or question asked by the domestic customer; or (d) if the domestic customer has asked the losing retailer to do a thing described in subsection (2)(a), doing so or requiring or permitting an employee or agent of the losing retailer to do so; or (e) contacting the domestic customer as part of a general marketing campaign for the supply or sale of gas, or the sale of a bundled gas and electricity service, other than by— (i) calling on the domestic customer at that customer's ordinary place of residence; or (ii) telephoning the domestic customer, irrespective of whether that customer is at their ordinary place of residence at the time of the telephone call. (4) For the purposes of subsection (3)(e), a general marketing campaign does not include a marketing campaign directed at only domestic customers who have entered into a supply and sale contract with another gas retailer. (5) A supply and sale contract continued or entered into as a result of any conduct prohibited under this section is of no effect. ***bundled gas and electricity service*** means the service of supplying gas and electricity to a domestic customer with a financial discount on one or both services or some other benefit given to the customer for contracting with the gas retailer for both gas and electricity, whether or not under the same contract; ***customer transfer process*** means the process under the National Gas Rules of transferring, between gas retailers, a domestic customer's details, billing information and relevant supply details for the purpose of facilitating the operation of a supply and sale contract between the domestic customer and gas retailer; ***domestic customer*** has the same meaning as in section 48E; ***prohibited period*** means the period— (a) starting from when the losing retailer becomes aware that the customer transfer process has commenced or is commencing in respect of a domestic customer of the losing retailer; and (b) ending— (i) at the end of the period after the customer transfer process is complete that is prescribed for the purposes of this subparagraph; or (ii) if there is no prescribed period, after a period of 6 months after the customer transfer process is complete. S. 48DB inserted by No. 28/2021 s. 19 (as amended by No. 41/2021 s. 106). 48DB Prohibition relating to door-to-door sales and cold‑calling (1) Without limiting the generality of section 28(2) or (3) or 29, but subject to this section, the conditions to which a licence to sell gas by retail held by a gas retailer is subject include a condition prohibiting the gas retailer from— (a) calling on a domestic customer at the customer's ordinary place of residence for the purpose of negotiating a supply and sale contract or another contract of a kind that is prescribed; or (b) telephoning a domestic customer for the purpose of negotiating a supply and sale contract or another contract of a kind that is prescribed, irrespective of whether the customer is at their ordinary place of residence at the time of the telephone call; or (c) requiring or permitting an employee or agent of the gas retailer to do a thing referred to in paragraph (a) or (b). (2) A gas retailer is not prohibited from doing a thing referred to in subsection (1)(a), (b) or (c) if the domestic customer has given, to a person specified in subsection (4), express consent to being contacted by a gas retailer at the customer's ordinary place of residence or by telephone for the purpose of negotiating— (a) a supply and sale contract; or (b) another contract of a kind that is prescribed. (3) Without limiting subsection (2), the domestic customer has not given their express consent only because the customer has contacted the gas retailer, or an employee or agent of the gas retailer, in connection with an unsuccessful attempt by that retailer, employee or agent to contact the domestic customer. (4) The following persons are specified for the purposes of subsection (2)— (a) the gas retailer; (b) an employee or agent of the gas retailer; (c) a person who— (i) collects a domestic customer's contact details, irrespective of any relationship between that person and the gas retailer at the time that person collects those details; and (ii) gives those details to the gas retailer for the predominant purpose of enabling the gas retailer, or an employee or agent of the gas retailer, to negotiate a supply and sale contract or another contract of a kind that is prescribed. (5) A gas retailer is not prohibited from doing a thing referred to in subsection (1)(a), (b) or (c) if— (a) at the time the domestic customer is called on at their ordinary place of residence or is telephoned, the domestic customer has a supply and sale contract with the gas retailer; and (b) that conduct would not otherwise be prohibited under section 48DA. (6) A contract entered into as a result of any conduct prohibited under subsection (1) is of no effect. (7) For the purposes of section 53 of the **Essential Services Commission Act 2001**, a gas retailer does not contravene a civil penalty requirement that is the condition under subsection (1)(b) or (c) if— (a) the contravention by the gas retailer was by mistake; or (b) the gas retailer took reasonable precautions, and exercised due diligence, to avoid the contravention. (8) This section does not apply to a supply and sale contract of a kind that is prescribed. (9) In this section— ***contact details*** means a domestic customer's residential address or telephone number; ***domestic customer*** has the same meaning as in section 48E. Pt 3 Div. 4AA (Headings and ss 48DC–48DY) inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). Division 4AA—Disconnection of supply of gas Subdivision 1—Preliminary S. 48DC inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DC Definitions ***acceptable identification*** means— (a) a document specified under an applicable Code for the purposes of this paragraph which contains information identifying a relevant customer; or (b) information specified under an applicable Code for the purposes of this paragraph identifying a relevant customer; ***applicable Code*** means a Code of Practice which specifies that it applies for the purposes of this Division; ***business day*** means a day that is not— (a) a Saturday or Sunday; or (b) a public holiday; ***carry-over customer*** means a person described in section 48DD(2)(a); ***disconnection related complaint*** means a complaint made by a relevant customer that is directly related to the grounds for a gas retailer's or an exempt gas seller's proposed disconnection of the supply of gas at the relevant customer's premises under— (a) the gas retailer's or exempt gas seller's standard complaints and dispute resolution procedures; or (b) a customer dispute resolution scheme approved by the Commission under section 36; ***disconnection warning notice*** means a notice, specifying the matters required to be specified under an applicable Code, warning a relevant customer that the supply of gas at the customer's premises will be or may be disconnected; ***electricity distribution company*** has the same meaning as ***distribution company*** has in the **Electricity Industry Act 2000**; ***electricity retailer*** has the same meaning as ***retailer*** has in the **Electricity Industry Act 2000**; ***exempt distributor*** means a person who, by Order under section 24, has been exempted from the requirement to obtain a licence to distribute or supply gas; ***exempt gas seller*** means a person who, by Order made under section 24, is exempt from the requirement— (a) to obtain a licence to sell gas; or (b) to obtain registration under section 91BJ or 91LB of the National Gas (Victoria) Law; ***gas payment assistance application*** means an application to an entity responsible for a rebate, concession or relief scheme available under any government funded gas charge rebate, concession or relief scheme; ***intention to disconnect notice*** means a notice, specifying the matters required to be specified under an applicable Code, notifying a relevant customer of a gas retailer's or an exempt gas seller's intention to arrange for the supply of gas at the customer's premises to be disconnected; ***life support customer*** means— (a) a relevant customer who is a life support resident; or (b) a relevant customer at whose premises a life support resident (who is not the relevant customer) resides or intends to reside; ***life support customer details***, in relation to a relevant customer, means— (a) the information that evidences that the relevant customer is a life support customer; and (b) the personal details of each life support resident residing or intending to reside at the premises of the life support customer; and (c) the date from which life support equipment is required at the premises of the life support customer by each life support resident; ***life support equipment*** means any of the following— (a) an oxygen concentrator; (b) an intermittent peritoneal dialysis machine; (c) a kidney dialysis machine; (d) a chronic positive airways pressure respirator; (e) crigler najjar syndrome phototherapy equipment; (f) a ventilator for life support; (g) any other equipment requiring gas that a registered medical practitioner certifies is required for a life support resident; (h) equipment (other than equipment referred to in paragraphs (a) to (g)) specified under an applicable Code for the purposes of this definition; ***life support resident*** means a person who requires life support equipment; ***move-in customer*** means a person described in section 48DD(2)(b); ***protected period*** means— (a) the period of a business day— (i) for a residential customer—before 8 a.m. or after 2 p.m.; or (ii) for a small business customer—before 8 a.m. or after 3 p.m.; or (b) a Friday; or (c) a weekend or a public holiday; or (d) the day before a public holiday; or (e) the days starting on 20 December and ending at midnight on 31 December in any year; or (f) a period specified under an applicable Code for the purposes of this definition; ***public holiday*** means a day appointed under the **Public Holidays Act 1993**; ***register of life support customers and residents*** means a register established and maintained under section 48DX; ***registered life support customer***, in relation to a gas retailer or an exempt gas seller, means a life support customer who is registered in the register of life support customers and residents established and maintained by that gas retailer or exempt gas seller, as the case requires; ***relevant assistance*** means assistance— (a) in accordance with a financial hardship policy within the meaning of section 48G(3); or (b) specified under an applicable Code for the purposes of this definition; ***relevant customer*** has the meaning given by section 48DD; ***reminder notice*** means a notice, specifying the matters required to be specified under an applicable Code, reminding a relevant customer that payment of a gas bill is required; ***residential customer*** means a relevant customer who purchases gas principally for personal, household or domestic use; ***security deposit*** means an amount of money paid or payable under a supply and sale contract as a security against non-payment of a gas bill; ***small business customer*** means a relevant customer who is not a residential customer. S. 48DD inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DD Meaning of *relevant customer* (1) In this Division, a ***relevant customer*** is— (a) in relation to a gas retailer, a relevant customer within the meaning of section 43(6); or A relevant customer of a gas retailer includes a person who has a deemed contract with the gas retailer under section 46(1) or (2). (b) in relation to an exempt gas seller, a person— (i) to whom the exempt gas seller supplies or sells gas under a supply and sale contract; and (ii) whose total consumption of gas supplied or sold by the exempt gas seller does not exceed more than 1000 gigajoules in any given year. (2) In addition, for the purposes of this Division, a ***relevant customer***, in relation to an exempt gas seller, includes either of the following— (a) a person— (i) who continues to take gas supplied by the exempt gas seller at the person's premises after the person's supply and sale contract with the exempt gas seller has ended or been terminated and that contract does not provide for the gas to be consumed after the contract's end or termination; and (ii) who was a relevant customer as set out under subsection (1)(b); (b) a person who takes gas supplied by the exempt gas seller without having entered into a supply and sale contract with the exempt gas seller. S. 48DE inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DE Objects Without limiting section 18(c), the objects of this Division are— (a) to recognise the essential nature of the supply of gas; and (b) to have regard to community expectations that ongoing access to gas will be available; and (c) to have regard to community expectations that the supply of gas to premises will not be disconnected solely because of a customer's inability to pay for the gas supply; and (d) to promote the principle that the supply of gas to premises should only be disconnected as a last resort. Subdivision 2—Offences S. 48DF inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DF Knowingly or recklessly disconnecting supply of gas at premises (1) A gas retailer or an exempt gas seller who arranges for the supply of gas at a relevant customer's premises to be disconnected other than in accordance with Subdivision 3, and knows, or is reckless as to whether, the disconnection is not in accordance with that Subdivision, is guilty of an offence and liable to a fine not exceeding— (2) An offence against subsection (1) is an indictable offence. S. 48DG inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DG Disconnection of supply of gas at premises (1) A gas retailer or an exempt gas seller must not arrange for the supply of gas at a relevant customer's premises to be disconnected except in accordance with Subdivision 3. (2) A gas retailer or an exempt gas seller who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding— S. 48DG(3) repealed by No. 18/2024 s. 40(1). Note to s. 48DG repealed by No. 18/2024 s. 40(2). S. 48DH inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DH Knowingly or recklessly disconnecting supply of gas at premises of life support customer (1) A gas retailer or an exempt gas seller commits an offence if the gas retailer or exempt gas seller— (a) knows the relevant customer is a life support customer; and S. 48DH(1)(b) amended by No. 18/2024 s. 32. (b) does not add the life support customer details for that customer to the gas retailer's or exempt gas seller's register of life support customers and residents within one business day after being advised, or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria), that the relevant customer is a life support customer; and (c) arranges for the supply of gas at that customer's premises to be disconnected. (2) A gas retailer or an exempt gas seller commits an offence if— (a) the gas retailer or exempt gas seller is reckless as to whether the relevant customer is a life support customer; and (b) as a result of that recklessness the gas retailer or exempt gas seller does not add the life support customer details for that customer to the gas retailer's or exempt gas seller's register of life support customers and residents; and (c) the gas retailer or exempt gas seller arranges for the supply of gas at that customer's premises to be disconnected. (3) A gas retailer or an exempt gas seller commits an offence if the retailer or exempt gas seller— (a) knowingly or recklessly removes any life support customer details relating to a registered life support customer from the gas retailer's or exempt gas seller's register of life support customers and residents; and (b) arranges for the supply of gas at that customer's premises to be disconnected. (4) A gas retailer or an exempt gas seller who commits an offence against subsection (1), (2) or (3) is liable to a penalty not exceeding— (5) A gas retailer or an exempt gas seller does not commit an offence against subsection (3) if any life support customer details are removed from the gas retailer's or exempt gas seller's register of life support customers and residents, as the case requires— (a) at the request of the registered life support customer in accordance with an applicable Code; or (b) as provided under an applicable Code. (6) An offence against subsection (1), (2) or (3) is an indictable offence. S. 48DI (Heading) amended by No. 18/2024 s. 33(1). S. 48DI inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DI Life support customers and residents—gas retailer obligations when advised or notified S. 48DI(1) amended by No. 18/2024 s. 33(2). (1) Within one business day after being advised by a relevant customer, or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria), that a life support resident resides, or is intending to reside, at the relevant customer's premises, a gas retailer must record in a register of life support customers and residents the life support customer details. S. 48DI(2) amended by No. 18/2024 s. 33(2). (2) A gas retailer who is advised by a relevant customer, or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria), that a life support resident resides, or is intending to reside at the relevant customer's premises, must, if the life support equipment at the premises is or will be powered by gas and electricity and the gas retailer is not also an electricity retailer supplying electricity at the relevant customer's premises, inform the customer, within one business day after being advised, that the customer should inform the electricity retailer supplying electricity at the relevant customer's premises that a life support resident resides, or is intending to reside, at the relevant customer's premises. S. 48DI(3) amended by No. 18/2024 s. 33(2). (3) Within 5 business days after being advised by a relevant customer, or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria), that a life support resident resides, or is intending to reside, at the relevant customer's premises, a gas retailer must give to the customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection. S. 48DI(4) amended by No. 18/2024 s. 33(2). (4) Within one business day after being advised by a relevant customer, or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria), that a life support resident resides, or is intending to reside, at the relevant customer's premises, a gas retailer must, in accordance with an applicable Code— (a) if the life support equipment required by the life support resident is powered only by gas, give the details specified under an applicable Code for the purposes of this paragraph to the gas distribution company that distributes gas to those premises; or (b) if the life support equipment required by the life support resident is powered by gas and electricity and the gas retailer is also an electricity retailer supplying electricity at the relevant customer's premises, give the details specified under an applicable Code for the purposes of this paragraph— (i) to the gas distribution company that distributes gas to those premises; and (ii) to the electricity distribution company that distributes electricity to those premises. (4A) A gas retailer who contravenes subsection (1), (2), (3) or (4) commits an offence against that subsection and is liable to a penalty not exceeding— S. 48DI(4B) repealed by No. 18/2024 s. 40(1). (5) Subsection (4)(a) does not apply to a gas retailer in the circumstances specified under an applicable Code. Note to s. 48DI repealed by No. 18/2024 s. 40(2). S. 48DJ inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DJ Life support customers and residents—gas retailer obligations when advised by gas distribution company or electricity distribution company (1) Within one business day after a gas retailer is advised by a gas distribution company or an electricity distribution company that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the gas retailer, the gas retailer must record in a register of life support customers and residents the life support customer details. (2) Within 5 business days after a gas retailer is advised by a gas distribution company or an electricity distribution company that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the gas retailer, the gas retailer must give the relevant customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection. (3) A gas retailer who contravenes subsection (1) or (2) commits an offence against that subsection and is liable to a penalty not exceeding— S. 48DJ(4) repealed by No. 18/2024 s. 40(1). Note to s. 48DJ repealed by No. 18/2024 s. 40(2). S. 48DK inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DK Life support customers and residents—gas retailer obligations when advised by exempt gas sellers (1) Within one business day after being advised by an exempt gas seller to whom section 48DL(4) applies that a life support resident resides, or is intending to reside at the premises of a relevant customer of the exempt gas seller, a gas retailer must record in a register of life support customers and residents the life support customer details. (2) Within one business day after being advised by an exempt gas seller to whom section 48DL(4) applies that a life support resident resides, or is intending to reside at the premises of a relevant customer of the exempt gas seller, a gas retailer must give the gas distribution company that distributes gas at those premises the details specified under an applicable Code for the purposes of this subsection. (3) A gas retailer who contravenes subsection (1) or (2) commits an offence against that subsection and is liable to a penalty not exceeding— S. 48DK(4) repealed by No. 18/2024 s. 40(1). Note to s. 48DK repealed by No. 18/2024 s. 40(2). S. 48DL inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DL Life support customers and residents—exempt gas seller obligations when advised by relevant customer (1) Within one business day after being advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises, an exempt gas seller must record in a register of life support customers and residents the life support customer details. (2) An exempt gas seller who is advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises must, if the life support equipment required by the life support resident is powered by gas and electricity, inform the customer within one business day after being advised, that the customer should inform the electricity retailer supplying electricity at the relevant customer's premises that the customer is a life support customer. (3) Within 5 business days after being advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises, an exempt gas seller must give the relevant customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection. (4) If— (a) a relevant customer advises an exempt gas seller that a life support resident resides, or is intending to reside, at the relevant customer's premises; and (b) the exempt gas seller purchases gas from a gas retailer to sell to the relevant customer— the exempt gas seller must, within one business day after being advised, give the gas retailer the details specified under an applicable Code for the purposes of this subsection. (5) If— (a) a relevant customer advises an exempt gas seller that a life support resident resides, or is intending to reside, at the relevant customer's premises; and (b) the exempt gas seller purchases gas from a gas retailer to sell to the relevant customer; and (c) that gas is distributed by an exempt distributor— the exempt gas seller must, within one business day after that advice, give the exempt distributor the details specified under an applicable Code for the purposes of this subsection. (5A) An exempt gas seller who contravenes subsection (1), (2), (3), (4) or (5) commits an offence against that subsection and is liable to a penalty not exceeding— S. 48DL(5B) repealed by No. 18/2024 s. 40(1). (6) Subsection (5) does not apply to an exempt gas seller in the circumstances specified under an applicable Code. Note to s. 48DL repealed by No. 18/2024 s. 40(2). S. 48DM inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DM Life support customers and residents—exempt gas seller obligations when advised by exempt distributor (1) Within one business day after an exempt gas seller is advised by an exempt distributor that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the exempt gas seller, the exempt gas seller must record in a register of life support customers and residents the life support customer details. (2) Within 5 business days after being advised by an exempt distributor that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the exempt gas seller, the exempt gas seller must give the relevant customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection. (3) If— (a) an exempt distributor advises an exempt gas seller that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the exempt gas seller; and (b) the exempt gas seller purchases gas from a gas retailer to sell to the relevant customer— the exempt gas seller must give, within one business day after that advice, the gas retailer the details specified under an applicable Code for the purposes of this subsection. (4) An exempt gas seller who contravenes subsection (1), (2) or (3) commits an offence against that subsection and is liable to a penalty not exceeding— S. 48DM(5) repealed by No. 18/2024 s. 40(1). Note to s. 48DM repealed by No. 18/2024 s. 40(2). Subdivision 3—Permitted grounds for disconnection S. 48DN inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DN Supply of gas may be disconnected by agreement or on notice from relevant customer A gas retailer, or an exempt gas seller specified under an applicable Code for the purposes of this section, may arrange for the supply of gas at a relevant customer's premises to be disconnected if— (a) the gas retailer or exempt gas seller and the relevant customer agree; or (b) the relevant customer gives notice to the gas retailer or exempt gas seller in accordance with the supply and sale contract with the gas retailer or exempt gas seller that the customer wishes to end the contract. S. 48DO inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DO Supply of gas may be disconnected for non-payment of bill or failure to comply with terms of relevant assistance (1) Subject to section 48DU, a gas retailer, or an exempt gas seller specified under an applicable Code for the purposes of this section, may arrange for the supply of gas at a relevant customer's premises to be disconnected if— (a) the relevant customer— (i) has not paid the total amount specified in a gas bill by the date specified for that payment; or (ii) is receiving relevant assistance from the gas retailer or exempt gas seller and has not complied with the terms and conditions of that assistance; and (b) the total amount owing to the gas retailer or exempt gas seller under the gas bill— (i) is not less than $300 or, if an applicable Code specifies a higher amount for the purposes of this subparagraph, not less than the specified amount; and (ii) is only for the supply or sale of gas; and (c) the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer a reminder notice; and (d) after the expiry of the period specified in the reminder notice, the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and (e) after the expiry of the period specified in the disconnection warning notice, the gas retailer or exempt gas seller takes all reasonable steps to contact the relevant customer, in relation to the customer's failure to pay the total amount owing under the gas bill or to comply with the terms and conditions of the relevant assistance, in one or more of the following ways— (i) in person; (ii) by telephone; (iii) by electronic communication; and (f) the gas retailer or exempt gas seller has complied with any requirements relating to the disconnection of the supply of gas at a relevant customer's premises specified under an applicable Code for the purposes of this section; and (g) the relevant customer does not take any reasonable action towards settling the debt owed to the gas retailer or exempt gas seller. (2) The period specified in a reminder notice and a disconnection warning notice must be not less than the period specified under an applicable Code. S. 48DP inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DP Supply of gas may be disconnected for failure to pay security deposit (1) Subject to section 48DU, a gas retailer, or an exempt gas seller specified under an applicable Code for the purposes of this section, may arrange for the supply of gas at a relevant customer's premises to be disconnected if— (a) the relevant customer does not give a security deposit in accordance with a supply and sale contract with the gas retailer or exempt gas seller; and (b) the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and (c) after the expiry of the period specified in the intention to disconnect notice, the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and (d) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not give the security deposit. (2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code. S. 48DQ inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DQ Supply of gas may be disconnected for refusal to provide acceptable identification (1) Subject to section 48DU, a gas retailer, or an exempt gas seller specified under an applicable Code for the purposes of this section, may arrange for the supply of gas at a relevant customer's premises to be disconnected if— (a) the relevant customer does not provide acceptable identification on the request of the gas retailer or exempt gas seller; and (b) the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and (c) after the expiry of the period specified in the intention to disconnect notice, the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and (d) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not provide acceptable identification. (2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code. S. 48DR inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DR Supply of gas may be disconnected if access to meter denied (1) Subject to section 48DU, a gas retailer, or an exempt gas seller specified under an applicable Code for the purposes of this section, may arrange for the supply of gas at a relevant customer's premises to be disconnected if— (a) the relevant customer does not allow access to the customer's premises for the reading of the meter at the premises for 3 consecutive scheduled meter readings; and (b) at the time of each of those scheduled meter readings, the gas retailer or exempt gas seller took all reasonable steps to contact the relevant customer in one or more of the following ways to make alternative arrangements to access the customer's premises— (i) in person; (ii) by telephone; (iii) by electronic communication; and (c) the gas retailer or exempt gas seller, on each of the occasions access is denied, arranges for the relevant customer to be given a notice in accordance with any requirements under an applicable Code (an ***access request notice***)— (i) requesting access to the meter; and (ii) advising of the gas retailer's or exempt gas seller' ability to arrange for disconnection of the supply of gas at the customer's premises; and (d) no earlier than 5 business days after the third access request notice is given to the relevant customer, the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and (e) after the expiry of the period specified in the intention to disconnect notice, the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and (f) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not give the gas retailer or exempt gas seller access to the customer's premises to read the meter. (2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code. S. 48DS inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DS Supply of gas may be disconnected if there is taking of gas without notification by customer (1) Subject to section 48DU, a gas retailer, or an exempt gas seller specified under an applicable Code for the purposes of this section, may arrange for the supply of gas at a relevant customer's premises to be disconnected if— (a) the relevant customer— (i) has a deemed contract with the gas retailer under section 46(1) or (2); or (ii) is a carry-over customer; or (iii) is a move-in customer; and (b) the relevant customer refuses or fails to take appropriate steps to enter into a supply and sale contract with the gas retailer or exempt gas seller; and (c) the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and (d) after the expiry of the period specified in the intention to disconnect notice, the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and (e) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not take appropriate steps to enter into a supply and sale contract with the gas retailer or exempt gas seller. (2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code. (3) For the purposes of this section, the gas retailer or exempt gas seller is not required to find out the name or particulars of the relevant customer consuming gas supplied at the premises before disconnecting the supply of gas. S. 48DT inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DT Supply of gas may be disconnected if it occurs in the prescribed circumstances Subject to section 48DU, a gas retailer or an exempt gas seller who is prescribed for the purposes of this section, may arrange for the supply of gas at a relevant customer's premises to be disconnected— (a) in the prescribed circumstances (if any); and (b) in accordance with the prescribed requirements (if any). S. 48DU inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DU Restrictions on gas retailer or exempt gas seller disconnecting supply of gas A gas retailer or exempt gas seller must not arrange for the supply of gas to a relevant customer's premises to be disconnected— (a) if the relevant customer is a registered life support customer; or (b) if there is a disconnection related complaint that is unresolved; or (c) if the relevant customer is receiving relevant assistance and is complying with the terms and conditions of that assistance; or (d) if the relevant customer advises the gas retailer or exempt gas seller, or the gas retailer or exempt gas seller is otherwise aware, that the customer has made a gas payment assistance application and the application has not been decided; or (e) during a protected period; or (f) in the prescribed circumstances. Subdivision 4—Disconnection for fraudulent or illegal taking of gas S. 48DV inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DV Supply of gas may be disconnected if gas taken by fraudulent or illegal means—gas retailers (1) Subject to subsection (2), a gas retailer may arrange for the supply of gas at a person's premises to be disconnected if— (a) a person at the premises takes the supply of gas without a supply and sale contract with the gas retailer for the taking of that gas; and (b) the person does not have a deemed contract with the gas retailer under section 46(1) or (2) because of section 46(8) or (9). (2) A gas retailer must not arrange for the supply of gas at a person's premises to be disconnected under subsection (1) if— (a) the person was a relevant customer of the gas retailer; and (b) the person was a registered life support customer in relation to the gas retailer immediately before taking the supply of gas without a supply and sale contract with the gas retailer; and (c) at the time at which disconnection of the supply of gas is to occur, the life support customer details of the person from when the person was a relevant customer are in the register of life support customers and residents of the gas retailer. (3) A gas retailer who arranges for the supply of gas at a person's premises to be disconnected under subsection (1) other than in accordance with this section, and knows, or is reckless as to whether, the disconnection is not in accordance with this section, is guilty of an offence and liable to a penalty not exceeding— (4) An offence against subsection (3) is an indictable offence. (5) A gas retailer must not arrange for the supply of gas at a person's premises to be disconnected under subsection (1) except in accordance with this section. (6) A gas retailer who contravenes subsection (5) commits an offence against that subsection and is liable to a penalty not exceeding— (7) Subsection (5) is a civil penalty requirement for the purposes of the **Essential Services Commission Act 2001**. For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the **Essential Services Commission Act 2001**. S. 48DW inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DW Supply of gas may be disconnected if gas taken by fraudulent or illegal means—exempt gas sellers (1) Subject to subsection (2), an exempt gas seller specified under an applicable Code for the purposes of this section may arrange for the supply of gas at a person's premises to be disconnected in accordance with any requirements under an applicable Code if— (a) the person takes the supply of gas by fraudulent or illegal means; and (b) the person does not have a supply and sale contract with the exempt gas seller. (2) An exempt gas seller must not arrange for the supply of gas at a person's premises to be disconnected under subsection (1) if— (a) the person was a relevant customer (as described in section 48DD(1)(b)) of the exempt gas seller; and (b) the person was a registered life support customer in relation to the exempt gas seller immediately before taking the supply of gas without a supply and sale contract with the exempt gas seller; and (c) at the time at which disconnection of the supply of gas is to occur, the life support customer details of the person from when the person was a relevant customer are in the register of life support customers and residents of the exempt gas seller. (3) An exempt gas seller who arranges for the supply of gas at a person's premises to be disconnected under subsection (1) other than in accordance with this section, and knows, or is reckless as to whether, the disconnection is not in accordance with this section, is guilty of an offence and liable to a penalty not exceeding— (4) An offence against subsection (3) is an indictable offence. (5) An exempt gas seller must not arrange for the supply of gas at person's premises to be disconnected under subsection (1) except in accordance with this section. (6) An exempt gas seller who contravenes subsection (5) commits an offence against that subsection and is liable to a penalty not exceeding— (7) Subsection (5) is a civil penalty requirement for the purposes of the **Essential Services Commission Act 2001**. For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the **Essential Services Commission Ac 2001**. Subdivision 5—Register of life support customers and residents S. 48DX inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DX Register of life support customers and residents (1) A gas retailer or an exempt gas seller must establish and maintain a register of life support customers and life support residents. (2) A gas retailer or an exempt gas seller must not remove any life support customer details relating to a registered life support customer from a register of life support customers and residents except— (a) at the request of the registered life support customer in accordance with an applicable Code; or (b) as provided under an applicable Code. (2A) A gas retailer or an exempt gas seller who contravenes subsection (1) or (2) commits an offence against that subsection and is liable to a penalty not exceeding— (2B) Subsections (1) and (2) are civil penalty requirements for the purposes of the **Essential Services Commission Act 2001**. (3) A gas retailer or an exempt gas seller may maintain the register of life support customers and residents in any form and manner determined by the gas retailer or exempt gas seller. For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the **Essential Services Commission Act 2001**. Subdivision 6—Miscellaneous S. 48DY inserted by No. 28/2021 s. 23 (as amended by No. 41/2021 ss 107–116). 48DY Alternative verdict for charge of knowingly or recklessly disconnecting supply of gas at premises (1) This section applies if, on the trial of a gas retailer or an exempt gas seller charged with an offence against section 48DF(1), 48DV(3) or 48DW(3), the jury are not satisfied that the gas retailer or exempt gas seller is guilty of the offence charged, but are satisfied that the gas retailer or exempt gas seller is guilty of an offence against section 48DG, 48DV(5) or 48DW(5) (as the case requires). (2) The jury may acquit the gas retailer or exempt gas seller of the offence charged and find the gas retailer or exempt gas seller guilty of an offence against section 48DG, 48DV(5) or 48DW(5) (as the case requires) and the gas retailer or exempt gas seller is liable to punishment accordingly. Pt 3 Div. 4A (Heading and ss 48E–48K) inserted by No. 60/2006 s. 5.