56BProvision of essential service by last resort provider

56B Provision of essential service by last resort provider

56B Provision of essential service by last resort provider

(1) The last resort provider must, for the duration of a declared failure, provide the essential service and, for that purpose, may have access to infrastructure and customer data systems and other property as reasonably required.

(2) During a declared failure, the failed licensee and last resort provider or other providers of the essential service must—

(a) facilitate the provision of the essential service by the last resort provider, and

(b) take action as required by the approved contingency plan or the regulations, and

(c) comply with reasonable directions given by the last resort provider in providing the essential service.

(3) To avoid doubt—

(a) the failed licensee must enable the last resort provider to access customer information, including personal information under the Privacy and Personal Information Protection Act 1998 and health information under the Health Records and Information Privacy Act 2002, in connection with the provision of the essential service, and

(b) the provision of the essential service includes exercising a right of the licensee under an easement or right of way relating to the essential service as if the last resort provider were the failed licensee.

(4) A person must not obstruct the last resort provider’s access to property, or the provision of the essential service by the last resort provider, during a declared failure.

Maximum penalty—

(a) for a corporation—2,500 penalty units, or

(b) for an individual—500 penalty units.

s 56B: Ins 2021 No 26, Sch 1[20].