State Energy Commission Act 1979
65Metered accounts
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65. Metered accounts
(1) Except where pursuant to section 66 the meter is deemed not to be in proper order, the reading ascertained by an energy operator by reference to a meter or system of meters placed for the purpose of ascertaining the extent, characteristics, or value of the supply effected by the energy operator to any premises or part of any premises, or a certificate as to that reading purporting to be signed by an officer or servant of the energy operator and produced on behalf of the energy operator, shall in all proceedings be prima facie evidence of the extent, characteristics and value of the energy so supplied.
(2) If in the opinion of an energy operator, or an officer or servant of an energy operator authorised for the purposes of this section, a meter referred to in subsection (1) was not correctly registering the extent and value of the energy supplied —
(a) when it was read; or
(b) during any part of the accounting period ending when it was read,
the reading shall be disregarded.
(2a) Where subsection (2) applies, the extent and value of the energy supplied during the accounting period ending with the reading —
(a) shall be computed by reference to the results obtained from a test of the meter; or
(b) if that is not practicable, may be assessed under subsection (3).
(3) An assessment for the purposes of subsection (2) may be made by reference to —
(a) a test carried out in a manner approved by the energy operator; or
(b) the extent recorded by measure in relation thereto for the corresponding period of the preceding year, regard being had to any known variation in demand; or
(c) the extent recorded by measure in relation thereto for the immediately preceding accounting period, regard being had to any known variation in demand; or
(d) if no such method is appropriate, such other basis as the energy operator determines,
and the person liable for the payment of the charges in respect of those premises, or that part of the premises, shall, unless the contrary is shown, be deemed to have been supplied to the extent so assessed.
(4) Where as the result of —
(a) a computation made under subsection (2a)(a); or
(b) an assessment made under subsection (3),
it is shown that the charges made were not what they should have been, the charges may be adjusted in respect of the period during which the meter was not correctly registering the extent and value of the energy supplied, and —
(c) shall be credited; or
(d) may be recovered,
accordingly, as the case requires.
(5) If —