Div 4Standard terms and conditions for retail services

Division 4—Standard terms and conditions for retail services 36—Standard terms and conditions for retail services (1) A water industry entity may, from time to time, fix standard terms and conditions governing the provision of services by the entity to customers of a designated class. (2) A water industry entity must publish in the Gazette a notice setting out any standard terms and conditions fixed by the entity. (3) A water industry entity must, when it publishes a notice in the Gazette under subsection (2), also publish a notice in a newspaper circulating generally in the State describing the general nature of the standard terms and conditions and advising where a person may read or obtain a copy of the standard terms and conditions. (4) Standard terms and conditions fixed under this section— (a) must comply with the conditions of any relevant licence; and (b) must not fix prices that exceed maximum prices fixed under this Act; and (c) come into force on the day specified by the entity in the notice of the standard terms and conditions published in the Gazette under this section, being a day not earlier than the day on which the notice is published; and (d) when in force are contractually binding on the water industry entity and the class of customers to which the terms and conditions are expressed to apply. (5) Subject to the conditions of a licence, a standard term or condition fixed under this section may be modified or excluded by express agreement between the water industry entity and a customer of the entity. (6) A water industry entity that has fixed standard terms and conditions under this section must— (a) supply a copy of the standard terms and conditions, without charge, on request made to the entity at a place approved by the Commission; and (b) publish the standard terms and conditions on a website maintained by the entity.