Subdiv 6General

Subdivision 6—General 158—Providing false or misleading information A person must not, in purported compliance with a RoLR regulatory information notice requiring the person to provide information, provide information that the person knows is false or misleading in a material particular. See section 300B, which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website. 159—Person cannot rely on duty of confidence to avoid compliance with RoLR regulatory information notice (1) A person must not refuse to comply with a RoLR regulatory information notice on the ground of any duty of confidence. (2) A person incurs, by complying with a RoLR regulatory information notice, no liability for breach of contract, breach of confidence or any other civil wrong. 160—Legal professional privilege not affected A RoLR regulatory information notice, and section 156, are not to be taken as requiring a person to— (a) provide information that is the subject of legal professional privilege; or (b) produce a document the production of which would disclose information that is the subject of legal professional privilege. 161—Protection against self-incrimination It is a reasonable excuse for a natural person to whom section 156 applies not to comply with a RoLR regulatory information notice served on the person requiring the person to provide information if to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or another participating jurisdiction. Division 8—RoLR plans 162—RoLR plans (1) The AER must, in consultation with AEMO and Ministers of participating jurisdictions, develop, make and maintain RoLR plans. (2) A RoLR plan is a plan for— (a) the procedures to be followed by the participants in the event of a RoLR event, including direct communication with customers of a failed retailer; and (b) regular exercises to be carried out by the participants in the plan. (3) A RoLR plan must not be inconsistent with the RoLR Procedures. (4) The participants in a RoLR plan are— (a) the AER; and (b) AEMO; and (c) the registered RoLR or registered RoLRs nominated by the AER; and (d) the distributor or distributors nominated by the AER; and (e) other parties nominated by the AER. (5) The AER must ensure that the participants in a RoLR plan— (a) are consulted in the development and maintenance of the plan; and (b) participate in regular exercises as provided in the plan. (6) Each participant in a RoLR plan must use its best endeavours— (a) to comply with the plan; and (b) to assist in the development and maintenance of the plan; and (c) to participate in regular exercises as provided in the plan. (7) A RoLR plan must be published on the AER's website. (8) The AER must ensure that a RoLR plan is reviewed at such times as it considers appropriate and kept up to date to accord with the review outcomes. 163—Contents of RoLR plans Without limitation, a RoLR plan may— (a) provide that external exercises are to be held at such times as the AER considers appropriate and that a report on the conduct of each exercise be published on the AER's website; and (b) include, in the event of a RoLR event, strategies to quickly and effectively communicate— (i) to the affected community—general details of the event; and (ii) to affected small customers—details of the event and available options; and (iii) to affected large customers—details regarding prices for energy, available alternative retailers and how they can quickly disconnect their energy supply if necessary; and (iv) to Ministers of participating jurisdictions—details of the event; and (v) to departmental and other officers in affected jurisdictions—details of the event; and (vi) to energy ombudsmen in affected jurisdictions—details of the event; and (vii) to the failed retailer and any insolvency official of the failed retailer—information regarding their obligations; and (viii) with AEMO—details regarding the event with a view to ensuring that resources are available to effect customer transfers; and (ix) with affected distributors—details of the event and information regarding their obligations; and (x) with the designated RoLR or designated RoLRs—details of the event and information regarding its or their obligations; and (c) include, in the event of a RoLR event, strategies for the designated RoLR to quickly and effectively communicate to affected small customers— (i) details of what happens with their existing contracts with the failed retailer, which must include details of the effect of sections 140 and 141 as to hardship customers, customers on life support, feed‑in arrangements, termination of direct debits (including Centrepay), refunds of advance payments, security deposits, credits on prepayment meter system accounts and uncompleted service orders; and (ii) details as to the designated RoLR and the arrangements that apply for the sale of energy; and (iii) details of any relevant designated contract under section 148B; and (d) include a mechanism whereby— (i) details of customers that are hardship customers; and (ii) details of premises registered as having life support equipment, are quickly and effectively communicated to the relevant designated RoLR. Division 9—RoLR cost recovery schemes 164—Operation of this Division, schemes and determinations This Division and a RoLR cost recovery scheme under this Division have effect despite anything in the following: (a) the NEL and NER; (b) the NGL and NGR; (c) any distribution determination; (d) any applicable access arrangement. 165—RoLR cost recovery A registered RoLR (including but not limited to a designated RoLR) cannot recover costs incurred in relation to the RoLR scheme except in accordance with a RoLR cost recovery scheme determined under this Division. 166—RoLR cost recovery schemes (1) The AER must, on application by a registered RoLR, determine a RoLR cost recovery scheme for the RoLR. (2) The application must be in the form and contain the information specified in the AER RoLR Guidelines. (3) A RoLR cost recovery scheme is a scheme designed for the recovery by the RoLR of costs incurred by the RoLR in relation to the RoLR scheme, including— (a) in the case of a default RoLR only—costs incurred in preparing for RoLR events; and (b) in the case of a designated RoLR only—costs incurred on and after a RoLR event, including— (i) costs paid to an insolvency official of a failed retailer in respect of anything done under this Part; and (ii) costs paid to a distributor by the RoLR for service orders and not recoverable from the customers concerned or from the failed retailer; and (iii) other administration costs associated with the RoLR event; and (iv) additional energy costs in respect of customers acquired as a result of the RoLR event; and (v) financing costs for additional credit support provided to AEMO for the acquired customers; and (vi) financing costs to cover the period between a cost being incurred by the designated RoLR and the cost being recovered under the designated RoLR's cost recovery scheme. 1 Regarding subparagraph (i) above, see section 171. 2 Regarding subparagraph (ii) above, section 141(7) deals with the case where a customer has paid the failed retailer for a service order and the order has not been completed as at the transfer date. (4) The AER may, after receipt of an application made under subsection (1), request from the retailer such additional information as the AER considers reasonably necessary for it to determine the application. The retailer must comply with any such request. (4a) A registered RoLR may give an undertaking that the RoLR, under its cost recovery scheme— (a) will not seek to recover a particular category of cost; or (b) will seek to recover only a specified percentage of its incurred costs; or (c) will seek to recover its incurred costs only up to a specified amount. (4b) The undertaking may be given by the RoLR to the AER— (a) at the same time as it makes its application under subsection (1); or (b) at another time for the purposes of including the undertaking as part of its cost recovery scheme. (4c) On the acceptance by the AER of an undertaking given under subsection (4b)(b), the undertaking becomes part of the RoLR cost recovery scheme and the scheme must be updated by the AER to reflect this. (5) The AER must publish on its website a notice of the application. (5a) The notice must invite submissions on the application. (5b) The notice must specify a period for making submissions of at least 20 business days. (5c) The AER may, if it is satisfied that the costs are clearly identifiable and quantifiable— (a) not include in the notice the invitation to make submissions on the application; or (b) specify a period of less than 20 business days in the notice. (5d) Subsections (5) to (5c) (inclusive) do not apply to an undertaking given under subsection (4b)(b). (6) The AER must decide whether to grant or refuse the application. (7) The AER must, when making its decision on the application, be guided by the following principles: (a) the registered RoLR should be provided with a reasonable opportunity to recover the reasonable costs that it incurs with respect to the RoLR scheme; (b) the recovery of costs should allow for a return commensurate with the regulatory and commercial risks with respect to the RoLR scheme; (c) costs not prudently incurred by the registered RoLR in meeting its obligations should not be recoverable. The AER must also have regard to the national energy retail objective. (8) The AER may, in determining a RoLR cost recovery scheme, limit either generally or in particular cases or classes of cases the costs (and the amount of those costs) that are recoverable. (9) Without limitation, the AER's determination of a RoLR cost recovery scheme may, so far as it relates to or affects tariffs payable by customers, differ between customers and classes of customers. (10) The AER must publish a copy of its decision on its website. 167—RoLR cost recovery scheme distributor payment determination (1) The AER must, as part of its determination with respect to a RoLR cost recovery scheme under this Division and after consultation with the distributor or distributors concerned, make a determination (a RoLR cost recovery scheme distributor payment determination) that one or more distributors are to make payments to satisfy the full costs determined to be recoverable under the scheme. (2) A RoLR cost recovery scheme distributor payment determination is taken to be both a regulatory change event and a positive change event for the purposes of the NER. (3) Distributors are required to make payments to a RoLR in accordance with their liability under a RoLR cost recovery scheme distributor payment determination. (4) The distribution determination or applicable access arrangement (as the case may be) of each distributor who is to make payments under a RoLR cost recovery scheme distributor payment determination is taken to be amended so that any payments the distributor so makes are taken to be— (a) in the case of electricity—positive pass through amounts approved under the NER; or (b) in the case of gas—approved cost pass throughs allowing variation of the distributor's reference tariffs. (5) Notwithstanding any other provision of this Division, if a designated RoLR (other than a default RoLR) agrees with the AER that it will seek to recover no costs or only a particular figure or percentage of its costs, the designated RoLR may not afterwards seek to recover any more than as agreed. See also section 133(2). (6) Section 23(5) does not apply to a retailer in respect of a variation of its standing offer prices as a result of a RoLR cost recovery scheme. 168—Amendment of schemes and determinations (1) A cost recovery scheme, including a RoLR cost recovery scheme, or a RoLR cost recovery scheme distributor payment determination may be amended by determination of the AER— (a) on application by, or after consultation with, the registered RoLR and after consultation with the distributors who are or will be affected; or (b) on application by a distributor who is or will be affected and after consultation with the registered RoLR and other distributors who are or will be affected. (2) The AER may make a determination to amend the scheme or determination if the AER— (a) is satisfied that there is— (i) a material error in the scheme or determination; or (ii) the scheme or determination is deficient because of false or misleading information given to the AER; and (b) has consulted with the registered RoLR and any distributor who may be affected by the change. Division 10—Miscellaneous 169—Information to be included in customer retail contracts All customer retail contracts for small customers must include a notice explaining what will happen to the customer's arrangements for the purchase of energy if a RoLR event occurs. 170—Application for retailer authorisation by failed retailer or associate (1) If a failed retailer or an associate of a failed retailer applies for a retailer authorisation, the AER may— (a) refuse the application on the ground that the applicant is a failed retailer or an associate of a failed retailer; or (b) grant the application on the condition that the applicant pays a proportion or the whole of the costs of a prior RoLR event as determined by the AER. (2) Any payment determined by the AER under subsection (1) is to be made to the relevant distributors (as determined by the AER) and— (a) in the case of electricity—the determination by the AER is taken to be a regulatory change event and negative change event for the purposes of the NER and the payment is taken to be a negative pass through amount approved by the AER under the NER; and (b) in the case of gas—the payment is taken to be an approved pass through allowing variation of a distributor's reference tariffs. (3) Subsection (1) does not limit the operation of Part 5 in relation to an application referred to in that subsection. associate, in relation to a failed retailer, has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13, 16(2) and 17 did not form part of that Act. 171—Reimbursement of insolvency official (1) In the event of a RoLR event, the insolvency official of a failed retailer is entitled to be indemnified by the relevant designated RoLR for the official's reasonable costs of complying with applicable requirements of the RoLR scheme, a RoLR notice or a RoLR regulatory information notice. (2) Any dispute about the insolvency official's reasonable costs is to be dealt with by the Court in the same way as a dispute as to a liquidator's remuneration is dealt with under section 473 of the Corporations Act 2001 of the Commonwealth. 172—AER report on RoLR event (1) The AER must prepare, in consultation with AEMO, a report for the MCE on a RoLR event and provide it to the MCE within 80 business days of the transfer date or such later time as the MCE agrees. (2) The report— (a) must address the facts and circumstances that gave rise to the event; and (b) must describe the actions that the AER, AEMO and the designated RoLRs took with respect to the event; and (c) must, if the MCE has in writing requested it to do so, address or describe any other matter that the MCE so requests; and (d) may contain recommendations as to the handling of future events. (3) The report may contain information given to the AER in confidence but if it does so, it must identify that information in the report. 173—Immunity (1) A protected person does not incur any civil monetary liability for an act or omission done or made under or for the purposes of the RoLR scheme unless the act or omission is done or made in bad faith. (2) Without limiting subsection (1), a protected person does not incur any civil monetary liability in respect of the termination of a contract for the sale of energy under section 141. protected person means— (a) the AER; or (b) AEMO; or (c) a designated RoLR; or (d) a distributor; or (e) an officer or employee of, or another person whose services are used by, a person referred to in paragraphs (a) to (d) (including, without limitation, any staff or consultants who are made available to assist the AER to exercise its functions). 174—Authorised disclosure of information To the extent that the information is personal information within the meaning of the Privacy Act 1988 of the Commonwealth or of any Act of a participating jurisdiction relating to privacy— (a) disclosure of that information to the AER, AEMO, a distributor or a designated RoLR for or in connection with the RoLR scheme is authorised by this Law; and (b) use of that information for or in connection with the RoLR scheme is authorised by this Law. 175—Corporations Act displacement This Part is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act. Section 5G of the Corporations Act 2001 provides that if a State or Territory law declares a provision of a State or Territory law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State or Territory provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. Part 7—Small compensation claims regime 176—Small compensation claims regime (1) This Division establishes a small compensation claims regime to enable small customers to make small claims for compensation from distributors who provide customer connection services to their premises. (2) The regime does not involve having to establish fault, negligence or bad faith on the part of a distributor in order to receive compensation from the distributor under the regime. 177—Definitions claimable incident—see section 178; compensable matter—see section 179; discretionary range means the range of amounts between the maximum amount and the median amount (inclusive of the former but not the latter); mandatory range means the range of amounts between the minimum amount and the median amount (inclusive of both); maximum amount—see section 180; median amount—see section 182; minimum amount—see section 181; property damage means damage to tangible property located on the premises of a small customer, and includes loss or destruction of tangible property located on those premises; repeat claimant—see section 183. The discretionary and mandatory ranges, and the maximum, median and minimum amounts, can be represented as follows: (Maximum amount) Discretionary range (Median amount) Mandatory range (Minimum amount) 178—Claimable incidents—meaning (1) A claimable incident is— (a) an event or circumstance of a kind prescribed by the National Regulations; or (b) an event or circumstance of a kind prescribed by a local instrument of this jurisdiction for small customers in this jurisdiction. (2) A kind of event or circumstance may be so prescribed by reference to any one or more of the following: (a) a description of the kind of incident; (b) a description of the applicable parameters, a variation outside of which will amount to a claimable incident; (c) a distributor service standard by which a claimable incident is to be determined; (d) other factors specified in the National Regulations or a local instrument of this jurisdiction. 179—Compensable matters—meaning (1) Subject to subsection (2), compensable matters are— (a) except to the extent (if any) provided by the National Regulations or a local instrument of this jurisdiction—property damage caused by a claimable incident; or (b) to the extent (if any) provided by the National Regulations or a local instrument of this jurisdiction—other matters related to a claimable incident. (2) The following are not compensable matters for the purposes of this Division: (a) the death of a person; or (b) personal injury to a person (including any pre‑natal injury, any impairment of the person's physical or mental condition and any disease); or (c) except to the extent (if any) provided by the National Regulations or a local instrument of this jurisdiction— (i) economic loss; or (ii) damage to, loss of or destruction of intangible property; or (d) any matters prescribed by the National Regulations or a local instrument of this jurisdiction as not being compensable matters. Matters that are not compensable matters for the purposes of this Division may be able to be dealt with under the general law or in other ways. 180—Maximum amount—meaning (1) The purpose of this section is to provide for maximum amounts, so that a distributor is not liable to pay compensation to a small customer under this Division if the amount claimed is more than the relevant maximum amount (see section 189). (2) The maximum amount for a claim is— (a) the amount or amounts prescribed by a local instrument of this jurisdiction for small customers in this jurisdiction; or (b) to the extent the amount is not determined under paragraph (a) for a kind of claimable incident—the amount determined from time to time by the AER, which may differ between jurisdictions and according to the kinds of claimable incidents. 181—Minimum amount—meaning (1) The purpose of this section is to provide for minimum amounts, so that a distributor is not liable to pay compensation to a small customer under this Division if the amount claimed is less than the relevant minimum amount (see section 188). (2) The minimum amount for a claim is— (a) the amount or amounts prescribed by a local instrument of this jurisdiction for small customers in this jurisdiction; or (b) to the extent the amount is not determined under paragraph (a) for a kind of claimable incident—the amount determined from time to time by the AER, which may differ between jurisdictions and according to the kinds of claimable incidents. 182—Median amount—meaning (1) The purpose of this section is to provide for median amounts for the purpose of separating the discretionary range and the mandatory range. (2) The median amount for a claim is— (a) the amount or amounts prescribed by a local instrument of this jurisdiction for small customers in this jurisdiction; or (b) to the extent the amount is not determined under paragraph (a) for a kind of claimable incident—the amount determined from time to time by the AER and notified to the distributors concerned, which may differ between jurisdictions and according to the kinds of claimable incident. 183—Repeat claimant—meaning (1) The purpose of this section is to define the meaning of the term repeat claimant, by reference to a number determined under this section as the repeated claims maximum number, so that a distributor who receives equal to or more than the maximum number of claims for compensation from a small customer has a number of options for dealing with the claims (see section 193). (2) The repeated claims maximum number is the number determined from time to time by the AER and notified to the distributors concerned, which may differ between jurisdictions and according to the kinds of claimable incidents. (3) The repeated claims maximum number is to be determined by reference to a particular period or periods, which may be either a set period (for example, a year commencing on 1 January) or a moveable period (for example, any year commencing on any date). (4) A small customer who makes a number of claims equal to or exceeding the repeated claims maximum number in a particular period becomes a repeat claimant for the purposes of this Division. (5) A small customer continues to be a repeat claimant until the end of 2 periods after becoming a repeat claimant, being consecutive periods each of the same length as the particular period referred to in subsection (3). 184—AER determinations of minimum amount, median amount and repeated claims maximum number (1) This section applies in relation to this jurisdiction only if and to the extent a local instrument of this jurisdiction declares that this section applies in relation to this jurisdiction. (2) If the AER decides to determine an amount or number under section 180, 181, 182 or 183 for a jurisdiction, the AER must do so— (a) after consultation with responsible officers for the jurisdiction; and (b) having regard to the following so far as they are relevant: (i) the current or proposed maximum amount for the jurisdiction; (ii) the current or proposed minimum amount for the jurisdiction; (iii) the current or proposed median amount for the jurisdiction; and (c) having regard to— (i) the nature and number of relevant claimable incidents for the jurisdiction; and (ii) any other relevant matters. Division 2—Compensation generally 185—When compensation is payable (1) Compensation is payable under this Division to a small customer by a distributor under a claim for compensation properly made in respect of a claimable incident when— (a) it is established that— (i) the distributor provided customer connection services to the premises of the small customer at the relevant time; and (ii) the claimable incident occurred; and (iii) the claim is for a compensable matter arising from or connected with the claimable incident; and (iv) the amount claimed and the amount payable are within the range between the minimum amount and the maximum amount (inclusive of both amounts); and (b) any applicable requirements of this Division and the Rules are satisfied. (2) Compensation is monetary in nature. 186—Duty of distributor to provide information and advice (1) Each distributor must develop and publish on its website— (a) a summary of the small compensation claims regime in a form that will be readily understood by the average small customer; and (b) a copy of a claim form that complies with section 187 that is able to be downloaded. (2) A distributor must, within 2 business days of a person making contact with the distributor in relation to a potential claimable incident— (a) inform the person of the existence of the small compensation claims regime and that the regime provides for small customers affected by certain events to seek compensation; and (b) advise the person that the distributor's summary of the small compensation claims regime, and a copy of a claim form, is available on its website; and (c) send to the person a copy of its claim form on request and at no charge. Division 3—Claims process 187—Making of claims (1) A small customer may make a claim for compensation in respect of a claimable incident from a distributor who provides customer connection services to the premises of the customer. (2) A completed claim form must include the following: (a) the name and contact details of the small customer; (b) the address of the premises that were affected by the claimable incident and that are the subject of the claim; (c) the time and date of the claimable incident; (d) a description of the compensable matter in respect of which the claim is made; (e) the amount of compensation the customer claims is necessary to compensate the customer in respect of the compensable matter; (f) for claims for property damage, justification for the amount claimed, being— (i) the cost of replacing the property with property of substantially the same age, functionality and appearance; or (ii) the cost of repairing the property to substantially the same functionality and appearance, which must be supported by quotes, receipts or other evidence. (3) A small customer may make only one claim in respect of a claimable incident, but the customer may, with the concurrence of the distributor, substitute a revised claim (which is then taken to be the only claim made by the customer in respect of the incident). (4) If a distributor receives more than one claim from a small customer in respect of a claimable incident, then (subject to subsection (3))— (a) the distributor may reject all the claims other than the first claim received; and (b) the distributor may (for the purposes of paragraph (a)) treat one of two or more of the claims received on the first or only day claims are received from the customer as being the first claim received. (5) A claim for property damage may relate to property not owned by the small customer, as well as to property owned by the customer. (6) A claim may relate to one or more items. (7) A distributor must use its best endeavours to deal with claims in a timely manner. 188—Claims for less than the minimum amount (1) A distributor may reject a claim for compensation if the amount claimed is less than the minimum amount for the claimable incident. (2) This section does not limit the grounds on which a claim can be rejected. 189—Claims for more than the maximum amount (1) If a claim for compensation is for more than the maximum amount, the distributor must advise the small customer that— (a) the distributor will revise the claim to reduce it so that it does not exceed the maximum amount if the customer so requests within a specified period of at least 5 business days; or (b) the distributor will reject the claim if no such request is received within that period. (2) If the small customer makes the request within the specified period, the distributor must revise the claim in accordance with the request. (3) If the small customer does not make the request within the specified period, the distributor may reject the claim. (4) This section does not limit the grounds on which a claim can be rejected. 190—Confirmation of claims involving property damage (1) If a distributor is not able to confirm that a claimable incident involving property damage did affect the small customer's premises in the manner claimed, the distributor may request the customer to provide the distributor with a statement by a suitably qualified person that the property damage claimed was caused by or is consistent with a claimable incident having occurred. (2) The distributor must accept the statement as a satisfactory statement, unless the distributor believes on reasonable grounds that— (a) the person giving it is not suitably qualified in relation to the claimable incident; or (b) the statement is on its face false, misleading or inaccurate in a material particular. (3) If the claim is for an amount within the mandatory range, the distributor must (subject to subsection (2)) accept the statement as proof that the property damage was likely to be caused by or is consistent with the occurrence of a claimable incident. (4) If the claim is for an amount within the discretionary range, the distributor may make reasonable requests for other information or evidence for the purpose of determining the claim. 191—Claims for amounts within the mandatory range (1) This section applies where— (a) a small customer provides— (i) a completed claim form in accordance with the requirements of section 187; and (ii) a satisfactory statement, if relevant and if requested, under section 190; and (b) the amount claimed is within the mandatory range; and (c) it is established that the claimable incident occurred; and (d) it is established that the claim is a compensable matter; and (e) the claim is not rejected; and (f) section 193 does not apply to the claim. (2) The distributor must pay the customer the amount claimed without reducing or disputing the quantum of the amount. 192—Claims for amounts in the discretionary range (1) This section applies where— (a) a small customer provides— (i) a completed claim form in accordance with the requirements of section 187; and (ii) a satisfactory statement and other information or evidence, if relevant and if requested, under section 190; and (b) the amount claimed is within the discretionary range; and (c) it is established that the claimable incident occurred; and (d) it is established that the claim is a compensable matter; and (e) the claim is not rejected; and (f) section 193 does not apply to the claim. (2) The distributor may carry out its own assessment of the claim. (3) The distributor must— (a) pay the small customer the amount claimed; or (b) pay the small customer a lesser amount (whether within or below the discretionary range), on the basis that a lesser amount is sufficient to compensate the customer in relation to the claimable incident and premises concerned. (4) In the case of property damage, the lesser amount referred to in subsection (3)(b) must be such as to ensure that the customer should be no worse off, by being either— (a) the cost of replacing the property with property of substantially the same age, functionality and appearance; or (b) the cost of repairing the property to substantially the same functionality and appearance. (5) A distributor is not obliged to compensate a business customer above the median amount where the business customer has not taken reasonable precautions to minimise the risk of property damage. 193—Claims by repeat claimants (1) This section applies to a claim for compensation where— (a) the small customer making the claim for compensation to a distributor is a repeat claimant in relation to the distributor and the period during which it is made; and (b) the distributor would, apart from this section, be liable to pay compensation (whether within the discretionary range or the mandatory range) under the claim in accordance with other provisions of this Division; and (c) the distributor reasonably considers the claim forms part of an abuse of the small compensation claims regime. (2) The distributor may— (a) pay the small customer the amount claimed; or (b) pay the small customer a lesser amount, which may be any amount at or above the minimum amount; or (c) reject the claim. 194—Distributor to reimburse customer for reasonable costs of claim If a distributor pays compensation to a small customer under this Division, the distributor must pay to the person the amount of any reasonable costs incurred by the person in providing any quotes or evidence to the distributor (such as obtaining a statement from a qualified person). 195—Rejection of claims Without affecting other provisions of this Part providing for the rejection of claims, a distributor may reject a claim for compensation if the distributor reasonably believes— (a) the occurrence of the claimable incident concerned was not established; or (b) the occurrence or existence of the compensable matter was not established; or (c) there are other grounds warranting rejection of the claim. 196—Distributor to advise customer of reasons for reducing or rejecting claim and of review rights If the amount paid is less than the amount claimed by the person, or if the distributor has rejected the person's claim, the distributor must, as soon as practicable— (a) provide the person with reasons; and (b) inform the person that if they are dissatisfied with the decision, the person has a right to refer a complaint or dispute to the relevant energy ombudsman. 197—Small customer complaint or dispute resolution A small customer who is dissatisfied with a decision of a distributor under this Division in relation to the customer's claim for compensation may lodge a complaint with the relevant energy ombudsman. Division 4—Payment of compensation 198—Method of payment A payment of compensation payable to a small customer under this Division is to be made by the distributor as soon as practicable, by— (a) unless paragraph (b) applies—a credit on the customer's next bill from their retailer by arrangement with the relevant retailer; or (b) at the customer's election—direct payment by the distributor to the customer by— (i) cheque or electronic funds transfer; or (ii) any other method agreed to by the customer. 199—Finality of payment of compensation If a small customer is compensated (whether as a result of a decision of the distributor or a decision of the relevant energy ombudsman) in respect of a claimable incident that affected particular premises— (a) the customer cannot make any further claim (under this Division or otherwise) against the distributor in respect of that incident as affecting those premises; and (b) without limitation, the customer cannot commence or maintain proceedings for damages in respect of that incident as affecting those premises; and (c) the distributor has no further liability (under this Division or otherwise) to that customer in respect of that incident as affecting those premises. Division 5—Miscellaneous 200—Other remedies (1) Apart from section 199, nothing in this Part prevents a small customer from commencing or maintaining proceedings for damages in respect of a claimable incident in a court of competent jurisdiction. (2) If a small customer enforces or attempts to enforce any other right they have apart from this Part against the distributor in respect of a claimable incident, the distributor— (a) is not obliged— (i) to continue to deal with a claim for compensation already made under this Part; or (ii) to deal with a claim for compensation subsequently made under this Part; and (b) may reject the claim. 201—Payment of compensation not to be admission of fault, negligence or bad faith In deciding to make a payment of compensation under this Part, a distributor does not admit fault, negligence or bad faith in respect of the claimable incident concerned. 202—Requirement to keep records on regime activities (1) A distributor must— (a) create a record of each claim for compensation made under this Part, including a record of how the claim was processed and determined; 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 distributor's compliance with the relevant requirements of this Part and the Rules relating to claims for compensation; and (b) the distributor to answer any enquiries from a small customer relating to the customer's claim. (3) A distributor must, on request by a small customer and at no charge, provide the customer with access to a copy of the record of any claim for compensation made by the customer under this Part and then retained by the distributor. 203—Rules The Rules may make provision for or with respect to the small compensation claims regime, including— (a) the period during which a claim for compensation may only be made; and (b) the rejection of a claim for compensation made after that period.