2This subsection is a civil penalty provision.

2 This subsection is a civil penalty provision. (2) Variation of standing offer prices A retailer may vary the standing offer prices from time to time, but a variation has no effect unless— (a) it is made in accordance with the requirements (if any) of jurisdictional energy legislation; and (b) the variation (or the standing offer prices as varied) is published on the retailer's website. (3) Publication and notification of variation A retailer must— (a) publish the variation (or the standing offer prices as varied) on the retailer's website; and (b) publish a notice about the variation in a newspaper circulating in the participating jurisdictions in which the retailer has small customers, notifying customers that— (i) there has been a variation; and (ii) the variation (or the standing offer prices as varied) is published on the retailer's website; and (c) inform each affected customer of the variation when the retailer sends the next bill to the customer. (4) Commencement of variation on specified date Unless subsection (5) applies, a variation of the standing offer prices takes effect on and from the date specified in the variation. (5) Limitations on commencement of variation A variation of the standing offer prices takes effect— (a) if the date specified in the variation is before or within the period of 6 months starting with the date the last variation took effect (or, if the standing offer prices have not previously been varied, the period of 6 months since the date of publication of the standing offer prices)—on the date that immediately follows the 6‑month period; or (b) if the date specified in the variation is before or within the period of 10 business days starting with the first business day after the date on which the variation was published—on the date that immediately follows the 10‑day period. If both paragraphs (a) and (b) are applicable and the dates mentioned in those paragraphs are different, the variation takes effect on the later of those dates. A retailer is not subject to subsection (5) in respect of a variation of its standing offer prices as a result of a RoLR cost recovery scheme under Part 6 (see section 167(6)). (6) Notification to AER A retailer must, as soon as practicable, notify the AER of details of the standing offer prices and any variation of the standing offer prices in the manner and form required by the AER Retail Pricing Information Guidelines. (7) Publication by AER The AER must, as soon as practicable after being notified by a retailer, publish the standing offer prices or any variation of the standing offer prices on the AER's website, but failure to do so does not affect the operation or effect of the standing offer prices or any variation. 24—Presentation of standing offer prices (a) present its standing offer prices (including any variation of those prices) in accordance with the AER Retail Pricing Information Guidelines; and (b) without limitation, present those prices in accordance with those guidelines when publishing, advertising or notifying the AER of those prices or any variation. (2) The retailer must present its standing offer prices (including any variation of those prices) prominently on its website and in any other relevant material provided by the retailer in accordance with those guidelines. See section 61 for the AER Retail Pricing Information Guidelines. 25—Adoption of form of standard retail contract (1) Adoption and publication A retailer must adopt a form of standard retail contract and publish it on the retailer's website. (2) Rules The Rules may make provision for or with respect to the adoption, form and contents of forms of standard retail contracts, and in particular may provide for the manner of adoption and publication of forms of standard retail contracts by retailers. (3) Adoption without alteration except as permitted or required A retailer's form of standard retail contract— (a) must adopt the relevant model terms and conditions with no alterations, other than permitted alterations or required alterations; and (b) if there are any required alterations—must include those required alterations. (4) Permitted alterations (a) alterations specifying details relating to identity and contact details of the retailer; and (5) Required alterations (a) alterations that the Rules require to be made to the retailer's form of standard retail contract in relation to matters relating to specific jurisdictions; and (b) alterations of a kind specified or referred to in the Rules. 26—Formation of standard retail contract (1) A designated retailer's form of standard retail contract takes effect as a contract between the retailer and a small customer when the customer— (a) requests the provision of customer retail services at premises under the retailer's standing offer; and (b) complies with the requirements specified in the Rules as pre-conditions to the formation of standard retail contracts. (2) A designated retailer cannot decline to enter into a standard retail contract if the customer makes the request and complies with the requirements referred to in subsection (1). 27—Obligation to comply with standard retail contract A designated retailer must comply with the obligations imposed on the retailer under the terms and conditions of a standard retail contract between the retailer and a small customer. 28—Variation of standard retail contract (1) Variation of form of standard retail contract—permitted alterations A retailer may vary the terms and conditions of the retailer's form of standard retail contract by making permitted alterations. (2) Variation of form of standard retail contract—required alterations A retailer must vary the terms and conditions of the retailer's form of standard retail contract by making required alterations, and must do so by the date specified in the relevant Rule referred to in section 237(4). (3) Permitted alterations (a) alterations specifying details relating to identity and contact details of the retailer; and (4) Required alterations (a) alterations that the Rules require to be made to the retailer's form of standard retail contract in relation to matters relating to specific jurisdictions; and (b) alterations to a term or condition that is already adopted by the retailer so as to make the adopted term or condition consistent with the model terms and conditions as currently required by the Rules; and (5) When variation takes effect on existing contracts A variation of the retailer's form of standard retail contract takes effect as a variation of an existing standard retail contract between the retailer and a customer on and from the date on which the retailer publishes the variation on the retailer's website or a later date specified in the published variation. 29—Standard retail contract to be consistent with model terms and conditions (1) The terms and conditions (whether original or varied) of a standard retail contract have no effect to the extent of any inconsistency with the model terms and conditions as currently in force and any required alterations. (2) If there is such an inconsistency, the model terms and conditions or required alterations (as the case requires) apply instead to the extent of the inconsistency. 30—Duration of standard retail contract A standard retail contract between a designated retailer and a small customer for the provision of customer retail services to the premises of the small customer remains in force until the standard retail contract is terminated in accordance with this Law, the Rules or the contract. 31—Satisfaction of designated retailer's obligation to make standing offer by making market offer to certain small customers (1) A designated retailer may fulfill its obligation to make a standing offer to a small market offer customer (or any class of small market offer customers) by making an offer to provide customer retail services under a market retail contract. (2) If— (a) such an offer is made to a small market offer customer in accordance with the Rules; and (b) the customer declines to enter into a market retail contract, the designated retailer may, but is not obliged to, make a standing offer to the customer. 32—Rules Without limiting the power to make Rules, the Rules may make provision for or with respect to standard retail contracts generally, including but not limited to the following: (a) procedures for small customers requesting the provision of customer retail services in accordance with the standing offer; (b) information that retailers may require of small customers requesting the provision of customer retail services in accordance with the standing offer; (c) the responsibilities of retailers in responding to requests for the provision of customer retail services in accordance with the standing offer; (d) the conditions to be complied with by small customers in respect of the formation of standard retail contracts. Division 4—Market retail contracts for small customers 33—Formation of market retail contracts A small customer and a retailer may, subject to and in accordance with this Division and section 147, negotiate and enter into a market retail contract for the provision of— (a) customer retail services; and (b) any other services, as agreed between the small customer and the retailer. 34—Minimum requirements for market retail contracts (1) The Rules may set out— (a) minimum requirements that are to apply in relation to small customers who purchase energy under a market retail contract; and (b) minimum requirements that are to apply in relation to the terms and conditions of market retail contracts. (2) A retailer must ensure that the terms and conditions of a market retail contract are not inconsistent with the applicable minimum requirements set out in the Rules. However, this subsection does not prevent a higher level of service than those minimum requirements from being provided. (3) A market retail contract may contain terms and conditions dealing with other matters, other than terms or conditions that the Rules provide must not be included in the contract. (4) A market retail contract must contain additional terms or conditions that the Rules require to be included in the contract in relation to matters relating to specific jurisdictions. (5) A retailer who sells energy to a small customer under a market retail contract must comply with the requirements of the Rules referred to in subsection (1). 35—Variation of market retail contract Any variation of the terms and conditions of a market retail contract must not be inconsistent with the requirements of the Rules in relation to the variation of market retail contracts. 36—Market retail contract to be consistent with minimum requirements of the Rules (1) The terms and conditions (whether original or varied) of a market retail contract have no effect to the extent of any inconsistency with any relevant minimum requirements of the Rules as currently in force. (2) If there is such an inconsistency, the minimum requirements apply instead to the extent of the inconsistency (unless the terms and conditions provide for a higher level of service to the customer). 37—Presentation of market offer prices (a) present its market offer prices (including any variation of those prices) in accordance with the AER Retail Pricing Information Guidelines; and (b) without limitation, present those prices in accordance with those guidelines when publishing, advertising or notifying the AER of those prices or any variation. (2) The retailer must present its market offer prices (including any variation of those prices) prominently on its website and in any other relevant material provided by the retailer in accordance with those guidelines. See section 61 for the AER Retail Pricing Information Guidelines. Division 5—Explicit informed consent 38—Requirement for explicit informed consent for certain transactions A retailer must obtain the explicit informed consent of a small customer for the following transactions: (a) except as provided by sections 103(7), 105(8) and under Part 6, the transfer of the customer to the retailer from another retailer; (b) the entry by the customer into a market retail contract with the retailer; (c) without limiting paragraph (b), the entry by the customer into a prepayment meter market retail contract with the retailer; (d) other transactions specified in this Law or the Rules as requiring explicit informed consent. 1 See section 41 for the consequences of not obtaining explicit informed consent as required. 2 This section is a civil penalty provision. 39—Nature of explicit informed consent (1) Explicit informed consent to a transaction is consent given by a small customer to a retailer where— (a) the retailer, or a person acting on behalf of the retailer, has clearly, fully and adequately disclosed all matters relevant to the consent of the customer, including each specific purpose or use of the consent; and (b) the customer gives the consent to the transaction in accordance with subsection (2); and (c) any requirements prescribed by the Rules for the purposes of this subsection have been complied with. (2) Explicit informed consent requires the consent to be given by the small customer— (a) in writing signed by the customer; or (b) verbally, so long as the verbal consent is evidenced in such a way that it can be verified and made the subject of a record under section 40; or (c) by electronic communication generated by the customer. 40—Record of explicit informed consent (a) create a record of each explicit informed consent required by this Division and provided by a small customer; and (b) retain the record for at least 2 years. (2) The record must be in such a format and include such information as will enable— (a) the AER to verify the retailer's compliance with the relevant requirements of this Part and the Rules relating to explicit informed consent; and (b) the retailer to answer enquiries from a small customer relating to the customer's explicit informed consent. (3) A retailer must, on request by a small customer and at no charge, provide the customer with access to a copy of the record of any explicit informed consent given by the customer and then retained by the retailer. 41—No or defective explicit informed consent (1) A transaction referred to in section 38 between a retailer and small customer is void if it is established, in accordance with subsection (2) and any applicable provisions of the Rules, that explicit informed consent as required by this Division was not obtained. (2) It is established that the required explicit informed consent was not obtained if— (a) the customer raises the issue with the retailer either by asserting that the consent was not obtained or by requesting production of a record of the consent; and (b) the issue is so raised within 12 months after the date of the transaction; and (c) the retailer— (i) admits that the consent was not obtained; or (ii) does not produce a satisfactory record of the informed consent as soon as practicable, but within 10 business days, after the issue is so raised. (3) Subject to subsections (4) and (5), the retailer cannot recover any amount for any energy supplied as a result of the void transaction. (4) If the void transaction did not involve the transfer of the customer to the retailer from another retailer, the customer is only liable to pay the retailer any charges that would have been payable for the sale and supply of energy if the void transaction had not occurred. (5) If the void transaction did involve the transfer of the customer to the retailer (the new retailer) from another retailer (the original retailer)— (a) the customer is (subject to paragraph (b)) liable to pay the original retailer all charges for the sale and supply of energy as if the void transaction had not occurred and the sale and supply had occurred with the original retailer being the customer's retailer; and (b) to the extent that the customer has paid the new retailer charges for the sale and supply of energy as a consequence of the void transaction— (i) the customer is entitled to set off the amount of those payments against any amounts payable under paragraph (a); and (ii) the new retailer must pay the set off amounts to the original retailer; and (iii) the original retailer is entitled to recover those set off amounts from the new retailer in a court of competent jurisdiction; and (c) nothing in this section prevents the original retailer from proceeding by action for loss or damage suffered because of the void transaction; and (d) the customer is not liable to the new retailer for any loss or damage arising because the transaction is void or arising from payments the new retailer has to pay the original retailer because the transaction is void. 42—Rules The Rules may make provision for or with respect to explicit informed consent in relation to small customers, including but not limited to procedures for establishing that explicit informed consent as required was not obtained and the consequences of not obtaining explicit informed consent as required.