Div 5Application of this Law and the Rules to forms of energy

Division 5—Application of this Law and the Rules to forms of energy 16—Application of Law and Rules to energy (1) This Law and the Rules apply to— (a) the sale and supply to customers of 1 or more of the following: (b) a retailer to the extent that the retailer sells 1 or more of the following: (c) a distributor to the extent that the distributor supplies 1 or more of the following: (iii) 1 or more types of prescribed covered gas. (2) References in this Law and the Rules to energy are to be construed accordingly. (3) Nothing in this section affects the application of provisions of this Law or the Rules to persons who are neither retailers nor distributors. 17—Extraterritorial operation of Law It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following: (a) things situated in or outside the territorial limits of this jurisdiction; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction; (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction. 18—Law binds the State (1) This Law binds the State. State means the Crown in right of this jurisdiction, and includes— (a) the Government of this jurisdiction; and (b) a Minister of the Crown in right of this jurisdiction; and (c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction. Part 2—Relationship between retailers and small customers 19—Application of this Part (1) This Part applies to the relationship between retailers and small customers. (2) This Part, other than Division 12, does not apply to or affect the relationship between retailers and large customers. (3) This Part does not apply to business customers of a retailer who aggregate 2 or more business premises in accordance with the Rules. Division 2—Customer retail contracts generally 20—Kinds of customer retail contracts (1) There are 2 kinds of customer retail contracts, as follows: (a) standard retail contracts; (b) market retail contracts. (2) A retailer cannot provide customer retail services to small customers under any other kind of contract or arrangement. (3) This section does not affect deemed customer retail arrangements under Division 9. (4) This section does not affect RoLR deemed small customer retail arrangements under Part 6. Division 3—Standing offers and standard retail contracts for small customers 21—Model terms and conditions The Rules must set out model terms and conditions for standard retail contracts (referred to in this Division as the model terms and conditions). 22—Obligation to make offer to small customers (1) A retailer must make an offer (a standing offer) to provide customer retail services to small customers for whom it is the designated retailer— (a) at the standing offer prices; and (b) under the retailer's form of standard retail contract. (1a) If— (a) a small customer has an interval meter; and (b) a local instrument of this jurisdiction declares that this subsection applies in relation to this jurisdiction, then a retailer's standing offer must include— (c) such tariff structures as may be prescribed by local instrument; or (d) if and to the extent that a local instrument declares such Rules to apply—such tariff structures as may be prescribed by the National Energy Retail Rules in connection with the operation of this subsection. (1b) In connection with the operation of subsection (1a), a local instrument applying under subsection (1a)(c) or the Rules applying under subsection (1a)(d) may include provisions that will allow a small customer to elect that a certain specified tariff will, or will not, apply in relation to the customer. (2) The Rules may provide for the manner and form in which a standing offer is to be made. (3) Without limiting the power to make Rules relating to the manner and form in which a standing offer is to be made, a designated retailer must publish the terms and conditions of the standing offer on the retailer's website. (4) A designated retailer must comply with the terms and conditions of the retailer's standing offer. (5) A designated retailer is not obliged to make a standing offer to a small customer if the customer's premises are not, or are not proposed to be, connected to a distributor's distribution system. Section 31 provides for the satisfaction of a designated retailer's obligation to make a standing offer by making an offer to certain small customers to sell energy under a market retail contract. interval energy data means interval energy data as defined in the NER; interval meter means a meter that measures and records interval energy data. 23—Standing offer prices (1) Publication of standing offer prices A retailer must publish its standing offer prices on its website, and the standing offer prices so published remain in force until varied in accordance with this section.