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CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 60

Acceptance of quotation of OTN in relation to a class of supplies

Scope

             (1)  This section applies if a person (the OTN holder ) makes a quotation of the OTN holder's OTN to a natural gas supplier in relation to a particular class of supplies.

Acceptance of quotation of OTN

             (2)  If the OTN holder is permitted (but not required) by this Act (other than section 57 or 58) to quote the OTN holder's OTN in relation to each supply included in the class of supplies, the natural gas supplier may, by written notice given to the OTN holder, accept the quotation.

             (3)  If:

                     (a)  the OTN holder is permitted by section 57 or 58 to quote the OTN holder's OTN in relation to a supply included in the class of supplies; and

                     (b)  the OTN holder, by written notice given to the natural gas supplier, declares that the quotation is a quotation under section 57 or 58, as the case may be;

the natural gas supplier must, by written notice given to the OTN holder, accept the quotation.

             (4)  If:

                     (a)  the OTN holder is required by section 55B to quote the OTN holder's OTN in relation to a supply included in the class of supplies; and

                     (b)  the OTN holder, by written notice given to the natural gas supplier, declares that the quotation is a mandatory quotation under section 55B;

the natural gas supplier must, by written notice given to the OTN holder, accept the quotation.

             (5)  A notice given by the natural gas supplier under subsection (2), (3) or (4) must set out:

                     (a)  the words "acceptance of quotation of OTN" followed by the OTN; and

                     (b)  the name of the OTN holder; and

                     (c)  if the OTN holder has an ABN--the ABN; and

                     (d)  a description of the class of supplies; and

                     (e)  the name of the natural gas supplier; and

                      (f)  if the natural gas supplier has an ABN--the ABN; and

                     (g)  such other information (if any) as is specified in the regulations.

             (6)  A notice under subsection (2), (3) or (4) may be included in a contract, order or similar document, whether or not in electronic form.

             (7)  If the natural gas supplier does not accept the quotation, this Act (other than this section) has effect as if the OTN holder had not quoted the OTN holder's OTN in relation to each supply included in the class of supplies.

Civil penalty provisions

             (8)  Subsections (3) and (4) are civil penalty provisions .

Note:          Part 17 provides for pecuniary penalties for breaches of civil penalty provisions.



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