Queensland Consolidated Acts

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ELECTRICITY ACT 1994 - SECT 131A

131A Retailer of last resort scheme

(1) A regulation may provide for—

(a) the establishment of a scheme to be known as the retailer of last resort scheme; and
(b) the compulsory participation by electricity entities in the scheme.

(2) The primary objects of the scheme are to provide for—

(a) the management of the effects of a retail entity not being able to provide customer retail services to its customers (defaulting retailer); and
(b) the protection of customers of a defaulting retailer from interruption in the supply and sale of electricity to them.

(3) Without limiting subsections (1) and (2), a regulation may make provision about any of the following matters—

(a) other objects of the scheme;
(b) the circumstances in which the scheme will operate;
(c) the electricity entities required to participate in the scheme;
(d) the customers or class of customers to benefit from the scheme;
(e) establishing a regulated default retail contract (which may include different terms for different classes of customer);
(f) providing for the effects of a declaration that the scheme applies to a defaulting retailer and its affected customers, including, for example, the following—
(i) the charter of the scheme (including the duration of the scheme and other matters concerning its administration);
(ii) ending the defaulting retailer's retail contracts with its affected customers;
(iii) a regulated default retail contract taken to be entered into between each of the affected customers and the retailer of last resort;
(g) the functions and the powers of QCA concerning the scheme, including—
(i) establishing the charter of the scheme for a particular defaulting retailer and its affected customers;
(ii) declaring the scheme applies to a particular defaulting retail entity and to particular customers or class of customers;
(iii) appointing the electricity entity or entities who is or are to be the retailer of last resort (including procedures to be followed in making the appointment);
(iv) supervising and giving directions to the retailer of last resort concerning the administration of a scheme;
(h) imposing conditions in relevant authorities to give effect to the matters in this section;
(i) the recovery of a distribution entity's costs incurred relating to the happening of the circumstances in which the scheme operates;
(j) anything necessary or convenient to help or give effect to the provisions of this part.


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