National Energy Retail Law (Queensland) Regulation 2014
sch.1-sec.20When the holder may arrange de-energisation
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sch.1-sec.20 When the holder may arrange de-energisation
A holder may arrange de-energisation of a small exempt customer’s premises if— the customer— has not paid a bill by the pay-by date; or is on a payment plan with the holder and has not adhered to the terms of the plan; and if the customer is a residential exempt customer, the customer— has not paid a bill by the pay-by date; and has not agreed to an offer to pay the bill by instalments or, having agreed to the offer, has failed to adhere to an instalment arrangement; and the holder has given the customer a reminder notice; and the holder has given the customer a disconnection warning notice after the expiry of the period mentioned in the reminder notice; and the holder has, after giving the disconnection warning notice, used its best endeavours to contact the customer, in connection with the failure to pay, or to agree to the offer or to adhere to the payment plan or instalment arrangement mentioned in paragraphs (a)(ii) or (b)(ii), in 1 of the following ways— in person; by telephone (in which case contact is, if the telephone is unanswered, taken to have occurred only if the customer acknowledges receipt of a message); by facsimile or other electronic means (in which case contact is taken to have occurred only if the customer acknowledges receipt of the message); and the customer has refused or failed to take any reasonable action towards settling the debt. If a small exempt customer is a residential exempt customer who has informed the holder in writing or by telephone that the customer is experiencing payment difficulties, a holder must not arrange for de-energisation of the customer’s premises unless the holder has offered the customer 2 payment plans in the previous 12 months and— the customer has agreed to neither of them; or the customer has agreed to 1 but not the other of them but the plan to which the customer agreed has been cancelled due to non-payment by the customer; or the customer has agreed to both of them but the plans have been cancelled due to non-payment by the customer. The holder may arrange for the de-energisation of a small exempt customer’s premises if the customer has failed to pay a security deposit and if— the holder has given the customer a notice of its intention to do so; and the holder has given the customer a disconnection warning notice after the expiry of the period mentioned in the notice of its intention (that is not less than 5 business days after the giving of the notice of its intention). The holder may make immediate arrangements for de-energisation of a small exempt customer’s premises if there has been— fraudulent acquisition of gas at the premises; or intentional consumption of gas at the premises otherwise than in accordance with the energy laws. No disconnection warning notice or other notice is required for de-energisation under the circumstances mentioned in subsection (4) . (sch.1-sec.20-ssec.1) A holder may arrange de-energisation of a small exempt customer’s premises if— the customer— has not paid a bill by the pay-by date; or is on a payment plan with the holder and has not adhered to the terms of the plan; and if the customer is a residential exempt customer, the customer— has not paid a bill by the pay-by date; and has not agreed to an offer to pay the bill by instalments or, having agreed to the offer, has failed to adhere to an instalment arrangement; and the holder has given the customer a reminder notice; and the holder has given the customer a disconnection warning notice after the expiry of the period mentioned in the reminder notice; and the holder has, after giving the disconnection warning notice, used its best endeavours to contact the customer, in connection with the failure to pay, or to agree to the offer or to adhere to the payment plan or instalment arrangement mentioned in paragraphs (a)(ii) or (b)(ii), in 1 of the following ways— in person; by telephone (in which case contact is, if the telephone is unanswered, taken to have occurred only if the customer acknowledges receipt of a message); by facsimile or other electronic means (in which case contact is taken to have occurred only if the customer acknowledges receipt of the message); and the customer has refused or failed to take any reasonable action towards settling the debt. (sch.1-sec.20-ssec.2) If a small exempt customer is a residential exempt customer who has informed the holder in writing or by telephone that the customer is experiencing payment difficulties, a holder must not arrange for de-energisation of the customer’s premises unless the holder has offered the customer 2 payment plans in the previous 12 months and— the customer has agreed to neither of them; or the customer has agreed to 1 but not the other of them but the plan to which the customer agreed has been cancelled due to non-payment by the customer; or the customer has agreed to both of them but the plans have been cancelled due to non-payment by the customer. (sch.1-sec.20-ssec.3) The holder may arrange for the de-energisation of a small exempt customer’s premises if the customer has failed to pay a security deposit and if— the holder has given the customer a notice of its intention to do so; and the holder has given the customer a disconnection warning notice after the expiry of the period mentioned in the notice of its intention (that is not less than 5 business days after the giving of the notice of its intention). (sch.1-sec.20-ssec.4) The holder may make immediate arrangements for de-energisation of a small exempt customer’s premises if there has been— fraudulent acquisition of gas at the premises; or intentional consumption of gas at the premises otherwise than in accordance with the energy laws. (sch.1-sec.20-ssec.5) No disconnection warning notice or other notice is required for de-energisation under the circumstances mentioned in subsection (4) .