National Energy Retail Law (Queensland) Regulation 2014
sch.4-sec.12Disconnection of supply
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sch.4-sec.12 Disconnection of supply
Subject to us satisfying the requirements in the Rules, we may disconnect your premises— if your retailer informs us that it has a right to arrange for disconnection under your contract with your retailer and requests that we disconnect the premises; or if you use energy supplied to the premises wrongfully or illegally in breach of clause 7; or if you fail to pay any direct charges (if relevant) to us under this contract; or if you provide false information to us or your retailer such that you would not have been entitled to be connected if you had not provided the false information; or if you do not provide and maintain space, equipment, facilities or anything else you must provide under the energy laws or this contract in order for us to provide customer connection services; or if you fail to give us safe and unhindered access to the premises as required by clause 9 or any requirement under the energy laws; or in an emergency or for health and safety reasons; or if required to do so at the direction of a relevant authority; or if we are otherwise permitted by the energy laws to disconnect the premises. The energy laws allow distributors and other authorised people to disconnect or arrange the disconnection of premises in circumstances additional to those set out above. If you are a small customer, we may disconnect your premises under clauses 12.1(c), 12.1(d), 12.1(e) or 12.1(f) only if— we have sent you a disconnection warning notice that— requires you to rectify, within 6 business days after the date of issue on the notice, the issue that could lead to disconnection; and carries a warning of the consequences of failing to comply with the notice; and in relation to safe and unhindered access only, we have used our best endeavours to contact you to arrange an appointment with you for access to your premises in addition to providing a disconnection warning notice; and you fail to comply with the disconnection warning notice within 6 business days after the date of issue. If you are a small customer, we must not disconnect your premises if they are registered as having life support equipment, except in an emergency. Subject to paragraph (b) , and otherwise in accordance with the Rules, if you are a small customer we must not disconnect the premises during the following times (the protected period )— on a business day before 8.00am or after 3.00pm; on a Friday or the day before a public holiday; on a weekend or a public holiday; on the days between 20 December and 31 December (both inclusive) in any year; if you are being disconnected for a failure to pay, during an extreme weather event. Your premises may be disconnected within the protected period— for reasons of health and safety; or in an emergency; or as directed by a relevant authority; or if you self-disconnect; or if you are in breach of clause 7, which deals with wrongful and illegal use of energy; or if your retailer makes such a request on your behalf; or if your premises contain a commercial business that only operates within the protected period and access to the premises is necessary to effect disconnection; or if the premises are not occupied. The disconnection of the premises does not limit or waive any of the parties’ rights and obligations under this contract arising before disconnection. If you have not complied with a disconnection warning notice and we arrive at the premises to disconnect the premises but do not do so because you rectify the matter referred to in the disconnection warning notice, you will be liable to pay a reasonable fee for our attendance at the premises. (sch.4-sec.12-ssec.12.1) Subject to us satisfying the requirements in the Rules, we may disconnect your premises— if your retailer informs us that it has a right to arrange for disconnection under your contract with your retailer and requests that we disconnect the premises; or if you use energy supplied to the premises wrongfully or illegally in breach of clause 7; or if you fail to pay any direct charges (if relevant) to us under this contract; or if you provide false information to us or your retailer such that you would not have been entitled to be connected if you had not provided the false information; or if you do not provide and maintain space, equipment, facilities or anything else you must provide under the energy laws or this contract in order for us to provide customer connection services; or if you fail to give us safe and unhindered access to the premises as required by clause 9 or any requirement under the energy laws; or in an emergency or for health and safety reasons; or if required to do so at the direction of a relevant authority; or if we are otherwise permitted by the energy laws to disconnect the premises. The energy laws allow distributors and other authorised people to disconnect or arrange the disconnection of premises in circumstances additional to those set out above. (sch.4-sec.12-ssec.12.2) If you are a small customer, we may disconnect your premises under clauses 12.1(c), 12.1(d), 12.1(e) or 12.1(f) only if— we have sent you a disconnection warning notice that— requires you to rectify, within 6 business days after the date of issue on the notice, the issue that could lead to disconnection; and carries a warning of the consequences of failing to comply with the notice; and in relation to safe and unhindered access only, we have used our best endeavours to contact you to arrange an appointment with you for access to your premises in addition to providing a disconnection warning notice; and you fail to comply with the disconnection warning notice within 6 business days after the date of issue. (sch.4-sec.12-ssec.12.3) If you are a small customer, we must not disconnect your premises if they are registered as having life support equipment, except in an emergency. (sch.4-sec.12-ssec.12.4) Subject to paragraph (b) , and otherwise in accordance with the Rules, if you are a small customer we must not disconnect the premises during the following times (the protected period )— on a business day before 8.00am or after 3.00pm; on a Friday or the day before a public holiday; on a weekend or a public holiday; on the days between 20 December and 31 December (both inclusive) in any year; if you are being disconnected for a failure to pay, during an extreme weather event. Your premises may be disconnected within the protected period— for reasons of health and safety; or in an emergency; or as directed by a relevant authority; or if you self-disconnect; or if you are in breach of clause 7, which deals with wrongful and illegal use of energy; or if your retailer makes such a request on your behalf; or if your premises contain a commercial business that only operates within the protected period and access to the premises is necessary to effect disconnection; or if the premises are not occupied. (sch.4-sec.12-ssec.12.5) The disconnection of the premises does not limit or waive any of the parties’ rights and obligations under this contract arising before disconnection. (sch.4-sec.12-ssec.12.6) If you have not complied with a disconnection warning notice and we arrive at the premises to disconnect the premises but do not do so because you rectify the matter referred to in the disconnection warning notice, you will be liable to pay a reasonable fee for our attendance at the premises.