23Application of Law to certain sellers of electricity

23 Application of Law to certain sellers of electricity

(1)  Subject to this section, this section applies in relation to persons who are members of the following classes of persons:

(a) persons retailing electricity who do not use, beyond the point of purchase of the electricity, any facilities that are used by another person holding a licence under the Electricity Supply Industry Act 1995 authorising the transmission or distribution of electricity;

(b) persons who sell electricity only to –

(i) a retailer; or

(ii) a person who holds a licence under the Electricity Supply Industry Act 1995 authorising the sale of electricity in the Bass Strait Islands.

(2)  This section also applies in relation to sales of electricity that are within any of the following classes of sales of electricity:

(a) the sale of electricity generated by an electricity generating plant that is prescribed under the Electricity Supply Industry Act 1995 to be an electricity generating plant of historic significance;

(b) the sale of electricity by the owner of a caravan park to a person occupying a site within the park;

(c) the sale of electricity by the owner of a building to a person occupying part of the building;

(d) the sale of electricity by the owner or manager of a shopping centre to tenants of the centre.

(3)  Section 88 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, does not apply in this jurisdiction in respect of –

(a) persons who are members of a class of persons to which this section applies; or

(b) sales of electricity of a class of sales of electricity to which this section applies –

until this section ceases to apply in relation to that class of person or sales.

(4)  An exemption may not be issued under section 110 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, in respect of –