sch.5-sec.4New rule 90A

sch.5-sec.4 New rule 90A

After rule 90 — insert — Varying notice period for distributor planned interruption Each of the following apply for varying the notice period for a distributor planned interruption under rule 90(1) — the period in which a distributor must notify a customer of the distributor planned interruption may be varied by written agreement between the distributor and the customer; the distributor must, before entering into the agreement, inform the customer that— under rule 90(1) , the distributor must notify the customer of a distributor planned interruption at least 4 business days before the date of the distributor planned interruption; and the notice period applying to the customer under rule 90(1) will not apply to the customer if the customer enters into the agreement; the agreement must be signed by the customer and distributor and include the following information— the new period in which the distributor must notify the customer of a distributor planned interruption; the agreement expiry day for the agreement; the types of distributor planned interruptions applying to the agreement; in this rule the agreement expiry day means the earlier of the following— if the agreement specifies a day that the agreement will expire—that day; otherwise—on the day that is 2 years after the parties enter into the agreement. Requirement if notification is to occur on day of distributor planned interruption If, under the agreement, the distributor is required to notify the customer only on the day of the distributor planned interruption, the following do not apply to the interruption— rule 90 (1) and (2) ; rule 99 , other than rule 99 (4) (a) ; rule 125 (2) (d) ; schedule 2 , clause 6.4(c)(ii); schedule 2 , clause 10.2(b). Application of varied notice period Rule 90 (1) applies as if the period agreed to by the parties under subrule (1) were the minimum notice period for a distributor planned interruption under the agreement and references to periods specified in the following rules are taken to be references to the period agreed between the parties— rule 99 (1) (b) ; rule 125 (2) (d) ; schedule 2 , clause 6.4(c)(ii); schedule 2 , clause 10.2(b). Keep a record of the agreement Each of the following applies for the agreement— a distributor must make a record of the agreement and keep a copy of the record for a period of 2 years starting on the day the agreement expires; the record must be in a format and include such information to enable— the AER to verify the distributor’s compliance with this rule; and the distributor to answer enquiries from a customer relating to the agreement. sch 5 s 4 amd 2018 SL No. 1 s 26 (sch.5-sec.90A-ssec.1) Varying notice period for distributor planned interruption Each of the following apply for varying the notice period for a distributor planned interruption under rule 90(1) — the period in which a distributor must notify a customer of the distributor planned interruption may be varied by written agreement between the distributor and the customer; the distributor must, before entering into the agreement, inform the customer that— under rule 90(1) , the distributor must notify the customer of a distributor planned interruption at least 4 business days before the date of the distributor planned interruption; and the notice period applying to the customer under rule 90(1) will not apply to the customer if the customer enters into the agreement; the agreement must be signed by the customer and distributor and include the following information— the new period in which the distributor must notify the customer of a distributor planned interruption; the agreement expiry day for the agreement; the types of distributor planned interruptions applying to the agreement; in this rule the agreement expiry day means the earlier of the following— if the agreement specifies a day that the agreement will expire—that day; otherwise—on the day that is 2 years after the parties enter into the agreement. (sch.5-sec.90A-ssec.2) Requirement if notification is to occur on day of distributor planned interruption If, under the agreement, the distributor is required to notify the customer only on the day of the distributor planned interruption, the following do not apply to the interruption— rule 90 (1) and (2) ; rule 99 , other than rule 99 (4) (a) ; rule 125 (2) (d) ; schedule 2 , clause 6.4(c)(ii); schedule 2 , clause 10.2(b). (sch.5-sec.90A-ssec.3) Application of varied notice period Rule 90 (1) applies as if the period agreed to by the parties under subrule (1) were the minimum notice period for a distributor planned interruption under the agreement and references to periods specified in the following rules are taken to be references to the period agreed between the parties— rule 99 (1) (b) ; rule 125 (2) (d) ; schedule 2 , clause 6.4(c)(ii); schedule 2 , clause 10.2(b). (sch.5-sec.90A-ssec.4) Keep a record of the agreement Each of the following applies for the agreement— a distributor must make a record of the agreement and keep a copy of the record for a period of 2 years starting on the day the agreement expires; the record must be in a format and include such information to enable— the AER to verify the distributor’s compliance with this rule; and the distributor to answer enquiries from a customer relating to the agreement.