40Scheme acquisition

40 Scheme acquisition

(1) For the purpose of the definition of scheme acquisition in section 3(1) of the Act, the following customers are prescribed—

(a) subject to subregulation (2), customers to whom a relevant entity sells electricity in Victoria;

(b) subject to subregulations (2) and (4), customers to whom a relevant entity sells gas in Victoria.

(2) A person who occupies scheduled activity premises, and to whom a relevant entity sells electricity or gas in Victoria as an occupier of those premises, is not a prescribed customer in relation to those premises until the commencement day for those premises as determined under subregulation (3).

(3) The commencement day for scheduled activity premises is 1 January of the second calendar year after the calendar year in which, for the first time, a certificate created in respect of the premises is registered under section 22 of the Act.

A certificate cannot be created in respect of scheduled activity premises unless the ESC has been notified that a prescribed activity is intended to be undertaken at the premises. See regulations 27 and 28.

(4) A customer to whom a relevant entity sells gas in Victoria is not a prescribed customer if the customer—

(a) is engaged in the activity of owning, controlling or operating a gas-fired electricity generator connected to the interconnected national electricity system; and

(b) is, for the purposes of section 11(1) of the National Electricity (Victoria) Law—

(i) a Registered participant in relation to that activity; or

(ii) exempt from the requirement to be a Registered participant in relation to that activity.

Reg. 41 substituted by S.R. No. 142/2020 reg. 5.