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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electricity (Early Termination) Amendment
Bill 2012
A BILL FOR
An Act to amend the Electricity
Act 1996.
Contents
Part 1—Preliminary
1Short title
2Amendment
provisions
Part 2—Amendment of Electricity
Act 1996
3Insertion of section
36ABA
36ABAEarly termination
of market contract with small customers
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electricity (Early Termination) Amendment
Act 2012.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electricity
Act 1996
After section 36AB insert:
36ABA—Early termination of market contract with
small customers
(1) This section
applies in relation to a market contract between an electricity entity holding a
licence authorising the retailing of electricity and a small customer (whether
the contract was entered into before or after the commencement of the Electricity
(Early Termination) Amendment Act 2012) if—
(a) the entity's charges for electricity under the contract are to
increase; and
(b) the percentage increase in those charges (when compared with the
charges applying immediately before the increase) is greater than the percentage
increase in the standing contract price under section 36AA (based on the
most recent determination of the standing contract price and after taking into
account a reasonable estimate of the small customer's levels of consumption of
electricity).
(2) It is a condition
of the electricity entity's licence that the entity must notify a small customer
to which this section applies—
(a) that the percentage increase in the relevant charges will be greater
than the percentage increase in the standing contract price under
section 36AA (as envisaged by
subsection (1));
and
(b) that the customer may terminate the contract under
subsection (3).
(3) The customer may,
within 20 business days after receiving notification from the electricity
entity under
subsection (2),
terminate the contract by giving the entity written notice of the
termination.
(4)
Subsection (3) does
not limit any other rights of the customer to terminate the contract.
(5) The termination takes effect 10 business days after the written
notice is given to the electricity entity.
(6) If the customer terminates the contract under
subsection (3), it
is a condition of the electricity entity's licence that the entity must not
directly or indirectly charge the customer a fee for the early termination of
the contract.
(7) This section applies despite anything to the contrary in the
contract.
(8) In this section—
market contract means a contract, other than a standing
contract or default contract, between an electricity entity and a customer for
the sale and purchase of electricity.