35Non-bottled gas charges payable by tenant in particular circumstances—ss 38(1)(e) and 40(1A) of Act

#### 35 Non-bottled gas charges payable by tenant in particular circumstances—ss 38(1)(e) and 40(1A) of Act 35 Non-bottled gas charges payable by tenant in particular circumstances—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 gas (except bottled gas) to the tenant at the residential premises that are not separately metered if the premises have a meter that— > > > > > (a) measures the supply of gas that satisfies paragraphs (a)–(d) of the definition of separately metered, and > > > > > (b) does not have an MIRN or a delivery point identifier assigned for the purpose of paragraph (f) of the definition of separately metered because it is located in an embedded network. > > > (2) For the purposes of section 38(1)(e) of the Act, a tenant must pay any charges for the supply of gas (except bottled gas) to the tenant at the residential premises that are not separately metered if the circumstances specified in subclause (1)(a) and (b) apply to the premises. > > > > Note. > > > > Embedded gas networks are common in high density apartment buildings, strata schemes, residential land lease communities and residential villages. > > > (3) In this clause— > > > > delivery point identifier has the same meaning as in the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a). > > > > MIRN has the same meaning as in the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a).