sec.140Transfer of responsibility

sec.140 Transfer of responsibility

Each person who was a customer of a failed retailer immediately before the transfer date— ceases, by force of this Law, to be a customer of the failed retailer on that date; and becomes, by force of this Law, a customer of the relevant designated RoLR immediately after so ceasing to be a customer of the failed retailer. On and from the transfer date, and in relation to the customers transferred to it and subject to and in accordance with the RoLR Procedures, the designated RoLR assumes the functions and powers of the failed retailer under the energy laws, including (without limitation)— for electricity—in the case of any metering installation where the failed retailer was as at the transfer date the responsible person, the designated RoLR becomes, by force of this Law, the responsible person; and for electricity—in the case of any other metering installation in respect of which there is as at the transfer date an agreement in force under rule 7.2.3 of the NER between the failed retailer and the Local Network Service Provider, the designated RoLR becomes, by force of this Law, party to that agreement in place of the failed retailer; and for electricity—in any case where the failed retailer (in its capacity as responsible person) has entered into an agreement under rule 7.2.5 of the NER with a Metering Provider, the designated RoLR by force of this Law becomes, by force of this Law, party to that agreement in place of the failed retailer; and any function or power prescribed by the National Regulations for the purposes of this section; and any function or power specified in energy laws for the purposes of, or in connection with matters provided under, this section. The designated RoLR assumes no financial or other liabilities of the failed retailer under an agreement referred to in subsection (2) where that liability accrues before the transfer date. The designated RoLR must, if it is notified by the AER, the failed retailer, an insolvency official or a distributor that the premises of a customer of the failed retailer has life support equipment, comply with the obligations as to life support equipment that apply to retailers under the Rules as if the designated RoLR had been notified by the customer. The designated RoLR must, if it is notified by a customer, the AER, the failed retailer, an insolvency official or a distributor that the customer is in receipt of a tariff payment, credit or other benefit referred to in section 154 (2) (h) , comply with the feed-in arrangement concerned. Subject to the RoLR Procedures— transfers of customers to the failed retailer from another retailer that were under way as at the transfer date are to cease on and from that date; and those customers instead remain customers of that other retailer on their previous contractual terms and conditions with that retailer; and despite anything to the contrary in the previous contract with such a customer, the customer may terminate the contract with that other retailer on one month’s notice or a lesser period allowed by the previous terms and conditions. Subject to the RoLR Procedures, if a large customer in electricity has notified AEMO in writing before the transfer date as to who its retailer (the nominated retailer ) will be in a RoLR event and that it has agreed terms and conditions with the nominated retailer, and the nominated retailer has also notified AEMO in writing that it has agreed to be the nominated retailer for that customer— AEMO may transfer that customer to the nominated retailer rather than the designated RoLR; and the customer becomes, by force of this Law, a customer of the nominated retailer as at the transfer date on the terms and conditions agreed between the large customer and the nominated retailer. In this section, Local Network Service Provider , metering installation , Metering Provider and responsible person have the same meanings as in the NER. (sec.140-ssec.1) Each person who was a customer of a failed retailer immediately before the transfer date— ceases, by force of this Law, to be a customer of the failed retailer on that date; and becomes, by force of this Law, a customer of the relevant designated RoLR immediately after so ceasing to be a customer of the failed retailer. (sec.140-ssec.2) On and from the transfer date, and in relation to the customers transferred to it and subject to and in accordance with the RoLR Procedures, the designated RoLR assumes the functions and powers of the failed retailer under the energy laws, including (without limitation)— for electricity—in the case of any metering installation where the failed retailer was as at the transfer date the responsible person, the designated RoLR becomes, by force of this Law, the responsible person; and for electricity—in the case of any other metering installation in respect of which there is as at the transfer date an agreement in force under rule 7.2.3 of the NER between the failed retailer and the Local Network Service Provider, the designated RoLR becomes, by force of this Law, party to that agreement in place of the failed retailer; and for electricity—in any case where the failed retailer (in its capacity as responsible person) has entered into an agreement under rule 7.2.5 of the NER with a Metering Provider, the designated RoLR by force of this Law becomes, by force of this Law, party to that agreement in place of the failed retailer; and any function or power prescribed by the National Regulations for the purposes of this section; and any function or power specified in energy laws for the purposes of, or in connection with matters provided under, this section. (sec.140-ssec.3) The designated RoLR assumes no financial or other liabilities of the failed retailer under an agreement referred to in subsection (2) where that liability accrues before the transfer date. (sec.140-ssec.4) The designated RoLR must, if it is notified by the AER, the failed retailer, an insolvency official or a distributor that the premises of a customer of the failed retailer has life support equipment, comply with the obligations as to life support equipment that apply to retailers under the Rules as if the designated RoLR had been notified by the customer. (sec.140-ssec.5) The designated RoLR must, if it is notified by a customer, the AER, the failed retailer, an insolvency official or a distributor that the customer is in receipt of a tariff payment, credit or other benefit referred to in section 154 (2) (h) , comply with the feed-in arrangement concerned. (sec.140-ssec.6) Subject to the RoLR Procedures— transfers of customers to the failed retailer from another retailer that were under way as at the transfer date are to cease on and from that date; and those customers instead remain customers of that other retailer on their previous contractual terms and conditions with that retailer; and despite anything to the contrary in the previous contract with such a customer, the customer may terminate the contract with that other retailer on one month’s notice or a lesser period allowed by the previous terms and conditions. (sec.140-ssec.7) Subject to the RoLR Procedures, if a large customer in electricity has notified AEMO in writing before the transfer date as to who its retailer (the nominated retailer ) will be in a RoLR event and that it has agreed terms and conditions with the nominated retailer, and the nominated retailer has also notified AEMO in writing that it has agreed to be the nominated retailer for that customer— AEMO may transfer that customer to the nominated retailer rather than the designated RoLR; and the customer becomes, by force of this Law, a customer of the nominated retailer as at the transfer date on the terms and conditions agreed between the large customer and the nominated retailer. (sec.140-ssec.8) In this section, Local Network Service Provider , metering installation , Metering Provider and responsible person have the same meanings as in the NER.