sec.19CAdditional restrictions on sale of energy by assigned retailer

sec.19C Additional restrictions on sale of energy by assigned retailer

An assigned retailer may provide customer retail services to a customer for premises only if the retailer is— in a case where there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or in a case where there is an existing connection (including where a connection alteration to an existing connection is required)— the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); and if the customer is a large customer—the financially responsible retailer for the premises. This subsection is a civil penalty provision. Subsection (1) does not apply if the assigned retailer provides customer retail services to a customer who is required to be transferred to the retailer to correct an erroneous transfer, completed under the NER, from the retailer to another holder of a retailer authorisation. It is a defence to a proceeding under subsection (1) if, because of information given by the customer, the assigned retailer reasonably believed it was obliged to provide customer retail services to the customer for the premises. An assigned retailer may provide customer retail services to a customer only under— for a small customer—a standard retail contract (including a standard retail contract (card-operated meters)); or for a large customer—the retailer’s large customer standard retail contract. This subsection is a civil penalty provision. Subsection (4) does not apply to an assigned retailer providing customer retail services to a customer in the circumstances prescribed under a local instrument of this jurisdiction. If an assigned retailer provides customer retail services under subsection (5) , the retailer must comply with the conditions prescribed under a local instrument of this jurisdiction for the provision of the services. This subsection is a civil penalty provision. This section does not prevent an assigned retailer entering into a separate arrangement with a qualifying customer of the retailer to buy electricity produced at the qualifying customer’s premises and supplied to a distribution system. In this section— qualifying customer means a customer whose annual consumption at the customer’s premises is, or is estimated by the distributor who provides customer connection services to the premises to be, less than 100 megawatt hours. s 19C ins 2014 No. 49 (Qld) s 4 sch s 14 amd 2018 No. 22 (Qld) s 13 (2) (sec.19C-ssec.1) An assigned retailer may provide customer retail services to a customer for premises only if the retailer is— in a case where there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or in a case where there is an existing connection (including where a connection alteration to an existing connection is required)— the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); and if the customer is a large customer—the financially responsible retailer for the premises. This subsection is a civil penalty provision. (sec.19C-ssec.2) Subsection (1) does not apply if the assigned retailer provides customer retail services to a customer who is required to be transferred to the retailer to correct an erroneous transfer, completed under the NER, from the retailer to another holder of a retailer authorisation. (sec.19C-ssec.3) It is a defence to a proceeding under subsection (1) if, because of information given by the customer, the assigned retailer reasonably believed it was obliged to provide customer retail services to the customer for the premises. (sec.19C-ssec.4) An assigned retailer may provide customer retail services to a customer only under— for a small customer—a standard retail contract (including a standard retail contract (card-operated meters)); or for a large customer—the retailer’s large customer standard retail contract. This subsection is a civil penalty provision. (sec.19C-ssec.5) Subsection (4) does not apply to an assigned retailer providing customer retail services to a customer in the circumstances prescribed under a local instrument of this jurisdiction. (sec.19C-ssec.6) If an assigned retailer provides customer retail services under subsection (5) , the retailer must comply with the conditions prescribed under a local instrument of this jurisdiction for the provision of the services. This subsection is a civil penalty provision. (sec.19C-ssec.7) This section does not prevent an assigned retailer entering into a separate arrangement with a qualifying customer of the retailer to buy electricity produced at the qualifying customer’s premises and supplied to a distribution system. (sec.19C-ssec.8) In this section— qualifying customer means a customer whose annual consumption at the customer’s premises is, or is estimated by the distributor who provides customer connection services to the premises to be, less than 100 megawatt hours.