National Energy Retail Law (NSW)
148ADesignated contract for RoLR
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148A Designated contract for RoLR
148A Designated contract for RoLR
(1) A registered RoLR must give written notice to the AER if—
(a) the registered RoLR is willing to transfer all the small customers of a failed retailer that are transferred to it on to a contract (a designated contract); and
(b) the designated contract complies with this section.
(2) The notice must be given in accordance with the AER RoLR Guidelines.
(3) The designated contract must—
(a) contain the same terms and conditions as a market retail contract; and
(b) ensure a small customer under the contract will not be in a worse position than the customer would have been had the customer been transferred to the registered RoLR’s standard retail contract; and
(c) ensure the prices payable by the customer are not more than the registered RoLR’s standing offer prices; and
(d) ensure the prices payable by the customer cannot be increased during the period of 3 months after the relevant transfer date (the initial period); and
(e) ensure the customer will not be required to pay a fee for breaking the contract during the initial period; and
(f) comply with—
(i) requirements of this Law or the Rules that apply to a market retail contract; and
(ii) the AER RoLR Guidelines; and
(g) be published on the website of the registered RoLR.
(4) The registered RoLR must, as soon as practicable after it varies the designated contract—
(a) give written notice to the AER about the variation; and
Note—
This paragraph is a civil penalty provision.
(b) publish the designated contract as varied on the website of the registered RoLR.
(5) If the AER forms the view that the designated contract requires review—
(a) the AER may direct the registered RoLR to review the contract and make variations in accordance with the requirements of subsection (3); and