34Electricity supply charges payable by tenant—ss 38(1)(e) and 40(1A) of Act

#### 34 Electricity supply charges payable by tenant—ss 38(1)(e) and 40(1A) of Act 34 Electricity supply charges payable by tenant—ss 38(1)(e) and 40(1A) of Act > > (1) For the purposes of section 40(1A) of the Act, a landlord is exempt from the operation of section 40(1)(c) of the Act, in relation to the payment of charges for the supply of electricity to the tenant at the residential premises that are not separately metered if the premises have a meter that— > > > > > (a) measures the supply of electricity that satisfies paragraphs (a)–(d) of the definition of separately metered, and > > > > > (b) does not have an NMI assigned for the purpose of paragraph (e) of the definition of separately metered because it is located in an embedded network, and > > > > > (c) the meter is not required to have an NMI assigned. > > > (2) For the purposes of section 38(1)(e) of the Act, a tenant must pay any charges for the supply of electricity to the tenant at the residential premises that are not separately metered if the circumstances specified in subclause (1)(a)–(c) apply to the premises. > > > > Note. > > > > Embedded electricity networks are common in high density apartment buildings, strata schemes, residential land lease communities and residential villages. > > > (3) In this clause— > > > > NMI has the same meaning as in the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a).