103Deciding transfer application

103 Deciding transfer application

103 Deciding transfer application

(1) The AER must decide whether to grant or refuse the application.

(2) The application must not be granted unless the AER is satisfied that—

(a) the proposed transferee satisfies the entry criteria; and

(b) arrangements relating to the transfer will appropriately manage any issues concerning customers of the proposed transferor.

(3) The AER—

(a) may impose conditions on granting the application; and

(b) must fix a time, no later than 6 months after deciding the application, for the transfer to take effect.

(4) If the AER decides to refuse the application or impose a condition on the transfer, the AER must, as soon as practicable, give the applicants notice of the decision and the reasons for the decision.

(5) Without limitation, a condition may require the transferor or transferee to comply with specified requirements of energy laws, with any modifications specified in the condition. Any such requirement may continue, to the necessary extent, to apply to the transferor after the transfer of the authorisation.

(6) The AER must advise AEMO and the distributors concerned where a retailer authorisation is transferred.

(7) Despite section 38, the explicit informed consent of a small customer is not required in relation to the transfer of a retailer’s authorisation under this Division.

(8) A transferor or transferee must comply with any conditions imposed on the transferor or transferee under this section.

Note—

This subsection is a civil penalty provision.