NSWIn ForceAct
Water Industry Competition Act 2006
8IRetailer licence conditions
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#### 8I Retailer licence conditions
8I Retailer licence conditions
> > (1) The following conditions are conditions of a retailer licence—
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> > > (a) if the licensee proposes to cease, or ceases, to provide retail services under the licence for a particular regulated scheme, the licensee must give written notice to IPART of that fact within the period required by the regulations,
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> > > (b) the licensee must have and maintain the capacity, including financial and organisational capacity, to provide all the retail services provided by the licensed retailer under the licence,
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> > > (c) the licensee must give IPART written notice of a failure by the licensee to maintain technical, financial or organisational capacity as soon as practicable after the failure occurs,
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> > > (d) the licensee must establish and maintain privacy policies and practices that lawfully enable customer information to be provided to and used by the following—
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> > > > (i) a last resort provider in connection with a declared failure or last resort contingency planning,
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> > > > (ii) another licensee who is substituted as the registered retailer for the scheme.
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> > (2) Without limiting section 8G, conditions imposed on a retailer licence by the regulations or the Minister may require the following—
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> > > (a) the licensee to give and maintain security, in an amount and form determined by the Minister, for compliance with licence conditions,
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> > > (b) the licensee to maintain an appropriate level of insurance, taking into account all the retail services provided by the licensee under the licence,
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> > > (c) the licensee to obtain the approval of the Minister or IPART before entering into an agreement with the registered operator for a regulated scheme for the sale of further water or sewerage services provided by means of the regulated scheme,
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> > > (d) if the licence authorises the sale of drinking water—for the purpose of promoting the equitable sharing of the costs of State water security among public water utilities and licensed retailers of drinking water, the following—
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> > > > (i) the licensee to obtain a specified proportion of the water that it supplies under the authority of its licence by means of specified water industry infrastructure,
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> > > > (ii) the licensee to contribute to the costs of specified water industry infrastructure, whether or not it is supplied with water from that infrastructure, calculated in a way specified in the regulations or by condition and payable to a person or persons specified in the regulations or by condition,
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> > > (e) the licensee to supply to IPART statements that detail the following—
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> > > > (i) the extent to which the licence, or the provisions of this Act or the regulations, have or have not been complied with,
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> > > > (ii) the particulars of failures to comply with the licence or provisions,
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> > > > (iii) the reasons for failures to comply with the licence or provisions,
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> > > > (iv) actions taken, or to be taken, to prevent a recurrence of the failures or to mitigate the effects of the failures.
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> **s 8I:** Ins 2021 No 26, Sch 1\[4\].