33Notional wholesale acquisitions

#### 33 Notional wholesale acquisitions (1) There are 2 situations in which a notional wholesale acquisition of electricity takes place. (2) The first situation is where the end user of the electricity acquires the electricity from the person who generated the electricity and the end user is not registered under the National Electricity Rules. In this situation, the person who generated the electricity is taken to be 2 persons (the notional generator and the notional wholesaler), and this Act applies as if the notional wholesaler acquired the electricity from the notional generator at the time that the end user acquired the electricity. That acquisition is a notional wholesale acquisition. (3) The second situation is where the end user of the electricity generated the electricity and neither of the following conditions are satisfied: (a) the point at which the electricity is generated is less than 1 kilometre from the point at which the electricity is used; (b) the electricity is transmitted or distributed between the point of generation and the point of use and the line on which the electricity is transmitted or distributed is used solely for the transmission or distribution of electricity between those 2 points. In this situation, the person who generated the electricity is taken to be 2 persons (the notional generator and the notional wholesaler), and this Act applies as if the notional wholesaler acquired the electricity from the notional generator at the time that the electricity is used. That acquisition is a notional wholesale acquisition.