NSWIn ForceAct
Water Industry Competition Act 2006
46ACStandard contract charges for regulated schemes
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#### 46AC Standard contract charges for regulated schemes
46AC Standard contract charges for regulated schemes
> > (1) It is a condition of a regulated scheme licence that the licensee must, for each regulated scheme for which the licensee provides services under the licence—
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> > > (a) publish on its website—
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> > > > (i) the contract charges payable for the services during the current financial year and the subsequent 3 financial years, and
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> > > > (ii) the rebates, refunds, discounts or similar payments available to customers, or classes of customers, for the services during the current financial year, and
> > >
> > > > (iii) if the contract charges are to be varied—the date from which the charges as varied become payable, and
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> > > (b) give IPART written notice of the contract charges, and of a variation of the contract charges and reason for the variation, and
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> > > (c) only charge customers the contract charges, and
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> > > (d) only pay a rebate, refund, discount or similar payment to a customer in accordance with—
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> > > > (i) the deemed customer contract taken to have been entered into under section 46AB, or
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> > > > (ii) a publication made under paragraph (a)(ii).
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> > (2) The publication of information under subsection (1)(a) must be made in a way that is—
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> > > (a) conspicuous to customers, and
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> > > (b) specified by the regulations, if any.
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> > (3) It is a condition of a regulated scheme licence that the licensee must give each customer at least 3 months written notice, or a shorter period of notice approved by IPART on application, of an increase in a contract charge payable by the customer.
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> > (4) For a licensed retailer, it is a condition of the licence that the notice must be sent with, or included in, an account or invoice for a service provided under the licence.
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> > (5) No amount of an increase in a contract charge may be recovered by the licensee from a customer if notice of the increase has not been given to the customer as required by this section.
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> > (6) Notice of an increase in a contract charge payable for a service by a customer is not required under this section if—
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> > > (a) the increase does not exceed a maximum increase prescribed by the regulations, by reference to a consumer price index or other method, or
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> > > (b) the increase is in accordance with a determination under Division 2, or
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> > > (c) the licensee has complied with a regulated price parity arrangement for the increase.
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> > (7) A regulated price parity arrangement for an increase in a contract charge payable for a service is an arrangement under which the licensee—
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> > > (a) has a policy of maintaining price parity with the pricing of a comparable service of a public water utility whose services are the subject of a determination of pricing by IPART, and
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> > > (b) within 28 days of IPART commencing an investigation for the purposes of a determination of the pricing for a comparable service of the public water utility, notifies the customer—
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> > > > (i) the investigation has commenced, and
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> > > > (ii) the contract charge payable for the service by the customer will not exceed the maximum price determined by IPART or in accordance with the methodology determined by IPART for that comparable service.
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> **s 46AC:** Ins 2021 No 26, Sch 1\[8\].