56CRelationship between last resort provider and regulated scheme customers during failure

#### 56C Relationship between last resort provider and regulated scheme customers during failure 56C Relationship between last resort provider and regulated scheme customers during failure > > (1) This section applies to a last resort provider that, following the declaration of a failure— > > > > > (a) operates essential infrastructure that connects a regulated scheme to a customer’s premises, or > > > > > (b) is a retailer of the essential service. > > > (2) On the transfer date of a declared failure, each person who was a customer of the failed licensee for the essential service immediately before the transfer date ceases to be a customer of the failed licensee and becomes a customer of the last resort provider of the essential service (a transferred customer). > > > (3) Rights and obligations that have accrued under a contract between the failed licensee and a transferred customer before the transfer date are not affected and no early termination charge becomes payable. > > > (4) Part 5, Division 1AA applies to transferred and new customers of a last resort provider, subject to the following modifications— > > > > > (a) a reference to terms and conditions set out in the regulations is to be read as a reference to the last resort contract conditions, > > > > > (b) a reference to standard contract charges is to be read as a reference to the last resort contract charges, > > > > > (c) the last resort contract charges may not be increased as referred to in that Division. > > > (5) This section applies to a last resort provider that is a public water utility despite the provisions of the utility’s Act and despite the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039). > > > (6) In this section— > > > > last resort contract charges means a transfer fee not exceeding an amount determined by the Minister on the recommendation of IPART, and the standard contract charges within the meaning of Part 5, Division 1AA of the failed licensee. > > > > Note. > > > > For certain public water utilities, the standard contract charges of the utility are subject to a maximum price determined by IPART, which may be varied from time to time. > > > > last resort contract conditions means— > > > > > (a) the terms and conditions that would have applied if the service were provided by the failed licensee, or > > > > > (b) if, for a last resort provider that is a public water utility, the contingency plan identifies terms and conditions as standard contract conditions of the utility—the standard contract conditions of the utility as identified in the contingency plan. > > **s 56C:** Ins 2021 No 26, Sch 1\[20\].