136Issue of RoLR notice

136 Issue of RoLR notice

136 Issue of RoLR notice

(1) The AER may decide to issue a notice (a RoLR notice) on the occurrence of a RoLR event.

(1a) The AER must decide whether or not to issue a notice under subsection (1) as soon as practicable after the RoLR event occurs.

(2) A RoLR notice must—

(a) state that the RoLR event has occurred and identify it; and

(b) specify the failed retailer; and

(c) specify the registered RoLR or registered RoLRs appointed by the notice (or taken to be appointed) under section 132 as designated RoLR or designated RoLRs for the event; and

(d) if more than one designated RoLR is appointed—specify, in accordance with the AER RoLR Guidelines, the allocation of each designated RoLR to particular customers or classes of customers; and

(e) specify the date, or the manner of fixing the date, (either of which is the transfer date) on which the customers of the failed retailer are transferred to the relevant designated RoLR under section 140; and

(f) contain the endorsement revoking the failed retailer’s retailer authorisation, where applicable, under section 142; and

(g) include any other information or matters the AER considers necessary or desirable.

(2a) If information required under subsection (2)(c) or (d) is not known by the AER when the notice is issued—

(a) the notice must be amended to include the information as soon as practicable after the information becomes known by the AER; and

(b) customers of the failed retailer must not be transferred before the information required under subsection (2)(c) and (d) is included in the notice.

(3) A RoLR notice may contain requirements (not inconsistent with this Law or the RoLR Procedures) to be complied with by—

(a) the failed retailer; and

(b) a designated RoLR; and

(c) subject to section 143(3), other persons on whom the notice is served,

in relation to the RoLR event and in particular in relation to the transfer of customers.