Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this
regulation —
last resort supply fee has the meaning given to
that term in regulation 3 of the
Energy Coordination (Last Resort Supply) Regulations 2005 ;
last resort supply plan means a last resort supply
plan approved or determined under section 11ZAG of the Act;
transferred customer means a customer who is
transferred to the retail supplier as the supplier of last resort under a last
resort supply plan.
(2) This regulation
applies to the standard form contract of a retail supplier if the retail
supplier is the supplier of last resort for a supply area under Part 2A
Division 6A of the Act.
(3) Without limiting
regulation 14(1), if the last resort supply plan for the supply area
makes provision for a last resort supply fee, the standard form contract of
the retail supplier must —
(a)
require a transferred customer to pay the last resort supply fee to the retail
supplier;
(b)
specify when the last resort supply fee is payable; and
(c)
prohibit a transferred customer from terminating the contract if the last
resort supply fee has not been paid.
(4) The standard form
contract of the retail supplier must require the retail supplier to supply gas
to a transferred customer for a period of not less than 3 months after
the day on which the transfer occurs unless the transferred customer
terminates the contract.
(5) The standard form
contract of the retail supplier must not authorise the retail supplier to
terminate the contract because of anything done or omitted to be done by a
transferred customer before transfer to the retail supplier.
(6) A provision for
the purposes of subregulation (3)(c) or (4) is to be expressed to apply
despite any other provision of the contract.
[Regulation 38A inserted in Gazette
13 May 2005 p. 2075‑6.]