National Energy Retail Law (Queensland)
sec.122Definitions
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sec.122 Definitions
In this Part— additional RoLR —see section 126 ; AER RoLR Guidelines —see section 135 ; applicable access arrangement means an applicable access arrangement within the meaning of the NGL; connection point has the same meaning as it has in the NER; default RoLR means a retailer appointed and registered as a default RoLR under Division 2 ; designated RoLR means a registered RoLR who is appointed or is taken to be appointed as a designated RoLR under Division 4 for a RoLR event; distribution determination means a distribution determination within the meaning of the NEL; failed retailer — generally, means a retailer or former retailer in relation to whom a RoLR event has occurred; but for gas, does not include a retailer or former retailer who sells gas to more than 15% of the small gas customers in Queensland; This definition is a substituted Queensland provision. s 122 def failed retailer sub 2014 No. 49 (Qld) s 4 sch s 24 financial information —see section 130 (4) (a) ; insolvency official means a receiver, receiver and manager, administrator, provisional liquidator, liquidator, trustee in bankruptcy or person having a similar or analogous function; member of its marketing staff , in relation to a RoLR, means a person who is an officer, employee, consultant, independent contractor or agent of the RoLR and who is directly involved in the sale, marketing or advertising of customer retail services provided by the RoLR, but does not include such a person if— the person’s function or role is only to provide technical, administrative, legal or accounting services; or the sale, marketing or advertising of those services is only an incidental part of the person’s function or role; registered RoLR means a retailer registered as a RoLR under section 127 ; relevant designated RoLR for a customer, in relation to a RoLR event, means— if only one RoLR is designated for the event—that RoLR; or if more than one RoLR is designated for the event—the RoLR allocated to the customer; RoLR means a retailer of last resort; RoLR cost recovery scheme —see Division 9 ; RoLR cost recovery scheme distributor payment determination —see section 167 ; RoLR criteria —see section 123 ; RoLR event , in relation to a retailer, means any of the following events or circumstances: the revocation of the retailer’s retailer authorisation; in the case of electricity— the right of the retailer to acquire electricity from the wholesale exchange is suspended; or the retailer ceases to be a Registered participant in relation to the purchase of electricity directly through the wholesale exchange, as required by section 11 (4) of the NEL; in the case of gas— the right of the retailer to acquire gas either in the declared wholesale gas market or in the short term trading market is suspended; or the retailer’s registration as a Registered participant, in relation to the declared wholesale gas market or a short term trading market, is revoked; or where there is no declared wholesale gas market or short term trading market, the retailer’s registration as a Registered participant in a retail gas market is revoked; an insolvency official is appointed in respect of the retailer or any property of the retailer; an order is made for the winding up of the retailer or a resolution is passed for the winding up of the retailer; the cessation of the sale of energy by the retailer to customers, otherwise than by— transfer of its retailer authorisation in accordance with Division 3 of Part 5 ; or surrender of its retailer authorisation in accordance with Division 4 of Part 5 ; or transfer of all or some of its customers to another retailer; or selling or otherwise disposing in whole or in part its business of the sale of energy (being the activity to which the retailer’s authorisation relates) to another retailer; any other event or circumstance prescribed by the National Regulations; RoLR notice —see section 136 ; RoLR Procedures —see section 144 ; RoLR register EoI —see section 124 ; RoLR regulatory information notice —see section 151 ; RoLR scheme means the scheme constituted by— this Part; and the RoLR Procedures; and the National Regulations; transfer date for the customers of a failed retailer—see section 136 (2) (e) ; wholesale exchange for electricity means the wholesale exchange operated and administered by AEMO under the NEL and NER.