sec.141Termination of customer retail contracts

sec.141 Termination of customer retail contracts

The contract for the sale of energy between a failed retailer and each person who was a customer of the retailer immediately before the transfer date is terminated on the transfer date by force of this Law. Termination of a contract under this section does not affect any rights and obligations that have already accrued under the contract, but no early termination charge is payable where a contract is terminated under this section. Subsection (1) has effect even though the financially responsible retailer might not change from the failed retailer to the relevant designated RoLR until after the transfer date. Any complaint or dispute between a failed retailer and a small customer (whether the complaint or dispute arose on, before or after the transfer date) may continue to be dealt with as if the failed retailer’s authorisation has not been revoked under section 142 , and— Part 4 continues to apply to the complaint or dispute; and an insolvency official of the failed retailer is also subject to and bound by Part 4 in dealing with the complaint or dispute. The insolvency official of a failed retailer or the failed retailer (as the case may be) must take steps to cancel with effect on and from the transfer date any direct debit authorisations (including any Centrepay deductions) that are in place for any customer of the failed retailer. Cancellation of a direct debit authorisation does not affect a customer’s obligation to pay for any energy consumed before the transfer date. If a customer of a failed retailer has paid amounts to the retailer in advance towards the customer’s energy bill, the insolvency official of the failed retailer or the failed retailer (as the case may be) must— apply those amounts to the payment of the customer’s account, but only insofar as that payment is for energy consumed before the transfer date; and pay any balance remaining to the customer. If a customer has paid the failed retailer in whole or in part for a service order and as at the transfer date the order has not been completed— the designated RoLR may— place the order with the relevant distributor; and if the order has already been placed, take steps to ensure its completion; and the customer is not liable to pay for the order except to the extent that the customer had not already paid as at the transfer date. If a payment plan is in force with the failed retailer, the failed retailer or insolvency official (as the case requires) or their assignees must continue to comply with that plan insofar as it provides for the payment by instalments of any arrears that are outstanding as at the transfer date. Any security deposit paid by a small customer to a failed retailer (and any interest accrued on that deposit) must be refunded to the customer by the failed retailer or insolvency official without any deduction other than in respect of energy consumed (but not paid for) before the transfer date. If a small customer is on a prepayment meter market retail contract, a payment equal to the value of any credit remaining in the prepayment meter system account as at the transfer date must be made by the failed retailer or insolvency official to the small customer without any deduction. If a small customer of a failed retailer is on a standard retail contract (card-operated meters), a payment equal to the value of any credit remaining on the small customer’s card used with the card-operated meter as at the transfer date must be made by the failed retailer or insolvency official to the small customer without any deduction. This subsection is an additional Queensland provision. s 141 amd 2014 No. 49 (Qld) s 4 sch s 26 (sec.141-ssec.1) The contract for the sale of energy between a failed retailer and each person who was a customer of the retailer immediately before the transfer date is terminated on the transfer date by force of this Law. (sec.141-ssec.2) Termination of a contract under this section does not affect any rights and obligations that have already accrued under the contract, but no early termination charge is payable where a contract is terminated under this section. (sec.141-ssec.3) Subsection (1) has effect even though the financially responsible retailer might not change from the failed retailer to the relevant designated RoLR until after the transfer date. (sec.141-ssec.4) Any complaint or dispute between a failed retailer and a small customer (whether the complaint or dispute arose on, before or after the transfer date) may continue to be dealt with as if the failed retailer’s authorisation has not been revoked under section 142 , and— Part 4 continues to apply to the complaint or dispute; and an insolvency official of the failed retailer is also subject to and bound by Part 4 in dealing with the complaint or dispute. (sec.141-ssec.5) The insolvency official of a failed retailer or the failed retailer (as the case may be) must take steps to cancel with effect on and from the transfer date any direct debit authorisations (including any Centrepay deductions) that are in place for any customer of the failed retailer. Cancellation of a direct debit authorisation does not affect a customer’s obligation to pay for any energy consumed before the transfer date. (sec.141-ssec.6) If a customer of a failed retailer has paid amounts to the retailer in advance towards the customer’s energy bill, the insolvency official of the failed retailer or the failed retailer (as the case may be) must— apply those amounts to the payment of the customer’s account, but only insofar as that payment is for energy consumed before the transfer date; and pay any balance remaining to the customer. (sec.141-ssec.7) If a customer has paid the failed retailer in whole or in part for a service order and as at the transfer date the order has not been completed— the designated RoLR may— place the order with the relevant distributor; and if the order has already been placed, take steps to ensure its completion; and the customer is not liable to pay for the order except to the extent that the customer had not already paid as at the transfer date. (sec.141-ssec.8) If a payment plan is in force with the failed retailer, the failed retailer or insolvency official (as the case requires) or their assignees must continue to comply with that plan insofar as it provides for the payment by instalments of any arrears that are outstanding as at the transfer date. (sec.141-ssec.9) Any security deposit paid by a small customer to a failed retailer (and any interest accrued on that deposit) must be refunded to the customer by the failed retailer or insolvency official without any deduction other than in respect of energy consumed (but not paid for) before the transfer date. (sec.141-ssec.10) If a small customer is on a prepayment meter market retail contract, a payment equal to the value of any credit remaining in the prepayment meter system account as at the transfer date must be made by the failed retailer or insolvency official to the small customer without any deduction. (sec.141-ssec.11) If a small customer of a failed retailer is on a standard retail contract (card-operated meters), a payment equal to the value of any credit remaining on the small customer’s card used with the card-operated meter as at the transfer date must be made by the failed retailer or insolvency official to the small customer without any deduction.