29Former market contracts between retailers and customers

29 Former market contracts between retailers and customers

(1)  This subsection applies to a former market contract that –

(a) is not a former prepayment meter market retail contract; and

(b) immediately before the commencement day, applies, in relation to premises, between a retailer and a person who is not a large offer contestable customer in relation to the premises.

(2)  A former market contract, in relation to premises, to which subsection (1) applies is, on and from the commencement day, to be taken to be a market retail contract in relation to the premises.

(3)  If a term, or condition, of a contract that is to be taken under subsection (2) to be a market retail contract –

(a) is inconsistent with a provision of the National Energy Retail Rules that is a minimum requirement for market retail contracts; and

(b) confers on a customer a right that is greater, or imposes on a customer an obligation that is less onerous, than may be conferred by a term or condition that is consistent with the provision –

then, despite anything to the contrary in the National Energy Retail Law (Tasmania) or those Rules, the term or condition of the market retail contract continues to have effect and the provision is, to the extent of the inconsistency, of no effect in relation to the contract.