National Energy Retail Law (NSW)
22Obligation to make offer to small customers
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22 Obligation to make offer to small customers
22 Obligation to make offer to small customers
(1) A retailer must make an offer (a standing offer) to provide customer retail services to small customers for whom it is the designated retailer—
(a) at the standing offer prices; and
(b) under the retailer’s form of standard retail contract.
Note—
This subsection is a civil penalty provision.
(1a) If—
(a) a small customer has an interval meter; and
(b) a local instrument of this jurisdiction declares that this subsection applies in relation to this jurisdiction,
then a retailer’s standing offer must include—
(c) such tariff structures as may be prescribed by local instrument; or
(d) if and to the extent that a local instrument declares such Rules to apply—such tariff structures as may be prescribed by the National Energy Retail Rules in connection with the operation of this subsection.
(1b) In connection with the operation of subsection (1a), a local instrument applying under subsection (1a)(c) or the Rules applying under subsection (1a)(d) may include provisions that will allow a small customer to elect that a certain specified tariff will, or will not, apply in relation to the customer.
(2) The Rules may provide for the manner and form in which a standing offer is to be made.
(3) Without limiting the power to make Rules relating to the manner and form in which a standing offer is to be made, a designated retailer must publish the terms and conditions of the standing offer on the retailer’s website.
Note—
This subsection is a civil penalty provision.
(4) A designated retailer must comply with the terms and conditions of the retailer’s standing offer.
(5) A designated retailer is not obliged to make a standing offer to a small customer if the customer’s premises are not, or are not proposed to be, connected to a distributor’s distribution system.
(6) In this section—
interval energy data means interval energy data as defined in the NER;
interval meter means a meter that measures and records interval energy data.