Australian Capital Territory

Utilities (Consumer Protection Code) 2003   (No 1)

Disallowable Instrument DI2003-147

made under the

Utilities Act 2000, s 59 (Determined codes)

The Independent Competition and Regulatory Commission:
1.	revokes the determination of the Consumer Protection Code made on              21 December 2000 under the Utilities Act 2000 (“the Act”), section 235 (now expired); and
2.	determines the Consumer Protection Code set out in the attached schedule. 

Paul Baxter
Senior Commissioner 
Independent Competition and Regulatory Commission
18 June  2003

SCHEDULE

Consumer Protection Code 

June 2003

INTRODUCTION

The Consumer Protection Code is an industry code under part 4 of the Utilities Act 2000  (ACT) (the “Utilities Act”). The Code outlines the basic rights of consumers (including customers) and utilities with respect to access to, and provision of, utility services. Utilities are obliged to give effect to these rights primarily through customer contracts. The Code also deals with the general conduct of utilities (and their agents) in the delivery of utility services.

The Code applies to all utilities licensed under the Utilities Act to provide utility services to customers and consumers. It is divided into a number of parts. Part 1 addresses formal matters of the code. Part 2 contains generic provisions that apply to all utilities, including utilities that provide services to large, franchise (“contestable”) customers. Part 3 applies only to utilities in the provision of utility services to franchise (“non-contestable”) customers, that is network services and gas and electricity supply to customers on standard customer contracts. Part 4 applies to suppliers of electricity and gas to small, contestable customers. Part 4 also deals with the marketing of such services. 

The Code is enforceable under the Utilities Act. The Independent Competition and Regulatory Commission (the “ICRC”) is responsible for monitoring utilities’ compliance with this Code, and other industry codes.

The code is intended to operate in conjunction with other Commonwealth and ACT law. To the extent that this Code is inconsistent with any such law, that law will take precedence.  

TABLE OF CONTENTS
	Page
PART 1	  preliminary	1
1	PURPOSE OF THIS CODE	1
2	OTHER RIGHTS	1
3	FORMAT and application OF THIS CODE	1
3.1	Parts and Application - Utilities	1
3.2	Application – Consumers and Customers	2
3.3	Dictionary	2
3.4	Schedule	2
PART 2 	PROTECTION OF CUSTOMERS AND CONSUMERS	3
part 2.1	  obligations of the Utility under law	3
4.1	obligations under Licence	3
4.2	utilities’ responsibilities for conduct of agents	3
PART 2.2 	PROTECTION OF CONSUMERS	3
5	conduct of utilities	3
6	Complaints and dispute resolution	4
6.1	Consumer Complaints Procedures	4
6.2	Practices and Procedures to comply with Australian Standards	4
6.3	Addressing the Complaint of a Consumer	4
6.4	 Utility to keep Records	5
7	Consumer information	5
7.1	Utility to provide Information	5
7.2	Utility May Recover Costs of Providing Information	5
7.3	Disclosure of Consumer Information by a Utility to a Third Party	5
8	Notice	5
8.1	Requirements for Effective Notice to Consumer	5
8.2	Deemed Delivery	6
9	SUMMARY OF Consumer AND UTILITY RIGHTS	6
9.1	Utility to Prepare Summary	6
9.2	Content and Format of Summary	6
9.3	Summary to be Available in Different Languages and Formats	7
9.4	Utility to Provide Copy of Summary	7
10	special needs	7
10.1	Utility Must Not Disconnect	7
10.2	Cessation of Special Needs	8
11	Obligation to Comply with Performance Standards	8
11.1	Compliance by Utilities with Performance Standards	8
11.2	Obligation to Pay Rebate for Non-Compliance	8
11.3	Method of Payment of Rebate	9
11.4	Rebates to be Paid in Addition to Damages	9
PART 2.3 	PROTECTION OF customerS	10
12	   CHARGES	10
12.1	Information about Charges	10
12.2	Variation of Charges	10
13	customer accounts	10
13.1	Maximum Intervals between the sending of Customer Accounts	10
13.2	Notice	10
13.3	Content of Customer Accounts	10
13.4	Historical billing information	11
13.5	Payment of Customer Accounts	12
13.6	Review of Customer Accounts	12
13.7	Overcharging	12
13.8	Undercharging	13
13.9	Final Customer Account on Disconnection or on Vacating Premises	13
13.10	 How payments to be applied	13
13.11	Territory Government Sponsored Rebates	14
13.12	Customer Difficulties in Paying Customer Account	14
13.13	Instalment Plan Options	14
14	Interest and other Charges	14
14.1	Interest Charges	14
PART 3 	PROTECTION OF franchise CUSTOMERS	16
part 3.1	MATTERS THAT MUST BE ADDRESSED IN STANDARD CUSTOMER CONTRACTs	16
15	STANDARD CUSTOMER CONTRACT PROVISIONS	16
15.1	Obligations under the Act	16
15.2	Provisions to be contained in Standard Customer Contracts	16
15.3	Provisions to be Regarded as Minimums Only	16
16	Connection and Supply	16
16.1	Obligation to Connect and Supply	16
16.2	Utility not required to Connect or Supply	16
16.3	Deeming of Standard Customer Contract	17
17	Disconnection of premises from A utility network and restriction of water supply	17
17.1	Utility Must Not Disconnect or Restrict Utility Services	17
17.2	When a Utility Must Disconnect Premises from a Utility Network	17
17.3	When a Utility May Disconnect or Restrict Supply	18
17.4	Disconnection or Restriction of Utility Services to Residential Premises for Failure to Pay a Customer Account	18
17.5	Restrictions on Water Restrictions to Residential Premises	19
17.6	Content and Format of Notices	19
18	disconnections and Restrictions in Emergencies and under restriction schemes	20
19	interruptions to supply	20
19.1	When a Utility May Interrupt Supply of a Utility Service	20
19.2	Planned Interruptions to the Supply of Utility Services	21
19.3	Unplanned Interruptions to the Supply of a Utility Service	21
19.4	Load Shedding	22
19.5	Liability for an Interruption	22
19.6	Trade Practices Act 1974 (Cth), Part V	22
20	Security Deposit	22
20.1	When may a Security Deposit be Required	22
20.2	Maximum Amount of Security Deposit	23
20.3	Interest on Security Deposits	23
20.4	Repayment of Security Deposits	23
20.5	Purposes for which Security Deposits must not be used	23
part 3.2	standard customer contracts	24
21	availability of AND CHANGES TO a standard customer contract	24
21.1	Utility to make Contract available to Customers	24
21.2	Additional copies	24
21.3	Changes to contracts	24
PART 4 	PROTECTION OF a small, non-franchise customer	25
part 4.1	MATTERS THAT MUST BE ADDRESSED IN a negotiated CUSTOMER CONTRACT	25
22	Negotiated Customer Contract provisions	25
22.1	Obligations under the Act	25
22.2 	 Provisions to be contained in the Negotiated Customer Contract	25
22.3       Provisions to be Regarded as Minimums Only	25
23	disconnection of supply	25
23.1	Disconnection of Utility Services for Failure to Pay a Customer Account	25
23.2	Content and Format of Notices	26
24	notice where negotiated customer contract ends	27
25	Security Deposit	27
25.1	Repayment of Security Deposits	27
25.2	Purposes for which Security Deposits must not be used	27
part 4.2 	negotiated customer contracts	28
26.1	Utility to make Contract available to Customers	28
26.2	Additional copies	28
part 4.3	marketing of electricity and gas supply services	29
27	marketing obligations	29
27.1	Obligations of Marketer	29
27.2	Obligations of Utility	29
28	contact with Consumers	29
28.1      Conduct	29
28.2      Duties of Marketers	30
28.3	Contract information	30
29	Informed Consent	31
30	negotiated customer contract	32
30.1	Cooling off period under Negotiated Customer Contract	32
30.2	Rescission under Negotiated Customer Contract	32
DICTIONARY	33
SCHEDULE: PERFORMANCE STANDARDS	37

PART 1		 preliminary
1	PURPOSE OF THIS CODE
	The purpose of this Code is to:
(1)	outline the basic rights of a Customer or a Consumer in relation to:
(a)	connection to, and disconnection from, a Utility’s Network; 
(b)	the supply of Utility Services by a Utility; and
(c)	access to product and service information;
(2)	set out the circumstances in which a Utility can interrupt, restrict or disconnect supply of a Utility Service to a Customer or a Consumer;
(3)	outline particular obligations that a Utility must meet in dealing with Customers and Consumers; 
(4)		outline obligations that a Marketer has in relation to  the Marketing of electricity and gas supply services;
(5)	set out the provisions that a Utility must give effect to  in its Customer Contracts for the provision of Utility Services.
2	OTHER RIGHTS 
This Code supplements and shall not limit any rights a Customer or a Consumer may have under the Utilities Act 2000 (ACT), the Fair Trading Act 1992 (ACT), the Door- to-Door Trading Act 1991 (ACT) or any other Law. 
3	FORMAT and application OF THIS CODE
3.1	Parts and Application - Utilities
This Code is divided into four parts:
(1)	Part 1 outlines formal matters about the Code;
(2)	Part 2 applies to all Utilities. This part outlines matters that relate to the protection of Customers and Consumers and that Utilities must comply with in providing Utility Services to Customers and Consumers; 
(3)	Part 3 applies to Electricity Distributors, Gas Distributors, Water and Sewerage Utilities, Gas Suppliers of Franchise Customers, and Electricity Suppliers of Franchise Customers. This part specifies matters that must be addressed in the Standard Customer Contracts of Franchise Customers. In addition it outlines Utilities’ obligations with respect to distributing and varying Standard Customer Contracts;
(4) 	Part 4 applies to Gas Suppliers of Small Non-Franchise Customers, and Electricity Suppliers of Small Non-Franchise Customers. It specifies matters that must be addressed in Negotiated Customer Contracts for the provision of electricity supply services and gas supply services. This part also outlines matters that relate to the Marketing of gas supply and electricity supply services. The Marketing provisions concern mainly Consumers as a whole, but some apply specifically to Customers.
Note: The threshold for Small and Large Non-Franchise (electricity) Customers is set at 100Mwhpa, which is lower than in other jurisdictions and than the industry (MSATS) definition.
3.2	Application – Consumers and Customers
(1)	A Consumer of a Utility Service includes:
(a)	a Customer for the Utility Service; and
(b)	an Occupier of the Premises of a Customer to which the Utility Service is provided.
(2)	A Customer means:
(a)	a Person for whom a Utility Service is provided under a Customer Contract; or
(b)	a Person who has applied to enter into a Customer Contract with the relevant Utility.
Note: Usually the Customer of a Utility Service is also the Consumer of the Utility Service and the terms are interchangeable. However, in some instances a Consumer of the Utility Service is not the Customer, for example, in the case of a rented property the landlord is usually the Customer of water and sewerage services but not the Consumer. In this instance the landlord is the Person contracted with the Utility to receive the Utility Service but it is the tenant who is the Consumer. 
(3)	For the avoidance of doubt the Code has been structured to make it clear which provisions apply to Consumers in general, and which provisions apply to Customers in particular. Where a reference is made to a Consumer it includes a Customer.
3.3	Dictionary
	Emboldened terms are defined. Definitions are specified in the Dictionary at the end, and are part, of this Code.
3.4	Schedule
Performance Standards are specified in the schedule to, and are part of, this Code. 

PART 2 	PROTECTION OF CUSTOMERS AND CONSUMERS
part 2.1			obligations of the Utility under law 
4.1	obligations under Licence
(1)	A Utility is required under its licence to comply with all Laws in force in the Territory and applicable to any services provided by the Utility in the Territory.
(2)	Without limiting the generality of clause 4.1(1), in providing a Utility Service a Utility must comply with:
(a)	any requirement of the Act;
(b)	relevant Industry Codes; 
(c)	relevant Technical Codes;  and
(d)	any direction, including guidelines, given to the Utility by the Independent Competition and Regulatory Commission (ICRC) or the Chief Executive under the Act.
4.2	utilities’ responsibilities for conduct of agents
A licence issued to a Utility under the Act allows the Utility to contract out to an Agent the provision, construction, operation, management or maintenance of any of the systems or services that are the subject of the licence of the Utility. Despite  contracting out a system or service the Utility remains bound by its licence conditions and, as such, is responsible for the activities of, and the representations made by any Agent, including for the purposes of Marketing.
PART 2.2 	PROTECTION OF CONSUMERS  
5	conduct of utilities
(1)	A Utility must act ethically, fairly and honestly in all its dealings with a Consumer.
(2)	A Utility must not call or contact a Consumer:
(a)	during a public holiday in the Territory;
(b)	on a Saturday or Sunday, between midnight and 9:00am or between 5:00pm and midnight; or
(c)	on any other day, between midnight and 8:00am or between 8.00pm and midnight,
unless it is during an emergency or the Consumer has given express approval. 
(3)	The staff of a Utility must attempt to identify themselves to a Consumer before entering the Premises of the Consumer unless:
(a)	the Utility staff  are entering the Premises to read, or check the accuracy, of a meter; or
(b)	the Utility staff  are responding to an emergency. 
(4)	The obligations of a Utility under this Code are subject to a Consumer informing the Utility, to the extent that such information is relevant to that obligation, of the following events as soon as possible after each relevant occurrence:
(a)	any change in the person or body responsible for the payment of an Account;
(b)	any change to the contact details of a Consumer;
(c)	 any change or proposed change to the Premises or the Installation of the Consumer which may affect the quality or safety of the Utility Service to the Consumer or another Person; 
(d)	the Consumer becoming aware of a problem with a Utility Service at the Premises of the Consumer (for example, burst or leaking pipes).
(5)	For the purposes of clauses 5(1), (2) and (3), a Utility includes an Agent acting on the behalf of the Utility.
6	Complaints and dispute resolution
6.1	Consumer Complaints Procedures
A Utility must develop, maintain and implement procedures to deal with:
(1)	A complaint of a Consumer, including:
(a)	a right to have the complaint considered by a senior employee within the Utility if the Consumer is not satisfied with the manner in which the Utility is handling the complaint; and
(b)	a complaint by a Consumer against an Agent of the Utility; and
(2)	the resolution of a dispute between the Utility and a Consumer.
6.2	Practices and Procedures to comply with Australian Standards
The procedures implemented by a Utility under clause 6.1(1) must provide for the handling of a complaint in accordance with the relevant Australian Standard on complaints handling.  
6.3	Addressing the Complaint of a Consumer 
A Utility that receives a complaint from a Consumer must advise the Consumer of the following matters:
(1)	in its initial response to the Consumer—the Utility’s Consumer complaint handling practices and procedures; and
(2)	in a response giving its final decision on a complaint—any right the Consumer may have to refer their complaint to the Essential Services Consumer Council (ESCC).
6.4		Utility to keep Records
A Utility must keep its records of a complaint made by a Consumer for not less than 12 months after the complaint is resolved. 
7	Consumer information
7.1	Utility to provide Information
(1)	A Utility must, on request, provide a Consumer with information about the services provided by the Utility to the Consumer’s Premises;
(2)	A Utility must, on request, provide a Customer with information about:
(a)	Load Profiles and Power Factors, if applicable;
(b)	meter readings for Utility Services provided to the Customer’s Premises by the Utility; 
(c) 	the Account of a Customer with the Utility; and
(d)	efficient energy consumption;
	to the extent that the information is reasonably available to the Utility.
7.2	Utility May Recover Costs of Providing Information
(1)	Subject to the prior approval of the ICRC either in a particular case or generally for the type of information being requested, a Utility may charge a Consumer for the reasonable costs of supplying information under clause 7.1.
(2)	A Charge approved under clause 7.2(1) should be listed on the website of the Utility.
7.3	Disclosure of Consumer Information by a Utility to a Third Party
A Utility must not disclose personal information about a Consumer to a third party except in accordance with the Privacy Act 1988 (Cth) and the Utilities Act 2000 (ACT). “Personal information” is defined in the Privacy Act 1988 (Cth), section 6(1).
8	Notice 
8.1	Requirements for Effective Notice to Consumer
(1)	A Utility must ensure that a notice required to be issued to a Consumer under this Code is in writing and:
(a)	delivered by hand to the Premises of a Consumer (unless the Consumer has specified an alternative address for service); or
(b)	sent by prepaid mail to the Premises of a Consumer (unless the Consumer has specified an alternative address for service); or
(c)	sent by facsimile to the facsimile number of the Consumer; or
(d)	sent to the Consumer by some other electronic means capable of generating a delivery confirmation report;
except where this Code specifies another method of notification.
(2)	A Utility serving notice on a Consumer under clause 8.1(1) must send the notice to:
(a)	in the case of a Consumer who is a Customer, the address last nominated by the Consumer to the Utility; or 
(b)	in the case of a Consumer who is not a Customer, the Premises of the Consumer; or
(c)	the electronic mail address or facsimile number last nominated by the Consumer to the Utility. 
8.2	Deemed Delivery
If a Utility has followed the procedures set out in clause 8.1, the Consumer is deemed to have received the notice:
(1)	if delivered by hand, upon leaving it at the relevant address;
(2)	if mailed to an address, two Business Days after the date of posting; or 
(3)	if sent by facsimile or electronic mail before 4:00pm on a Business Day at the place of receipt, on the day it is sent, and otherwise on the next Business Day at the place of receipt.
9	SUMMARY OF Consumer AND UTILITY RIGHTS
9.1	Utility to Prepare Summary
(1)	A Utility must prepare a statement summarising the rights of a Consumer and the Utility under the Act, this Code and the relevant Customer Contract with respect to the Utility Service provided by the Utility to the Consumer (“Summary”).
(2)	A Gas Supplier or an Electricity Supplier is not required to prepare a statement under clause 9.1(1) for Non-Franchise Customers.
9.2	Content and Format of Summary
(1)	The Summary must deal with:
	Consumer Rights
(a)	the level of service standards a Consumer is entitled to receive;
(b)	a Consumer’s right to information;
(c)	a Consumer’s right to complain about a Utility’s conduct and service levels, and who complaints can be made to;
  	Utility Rights 
(d)	the right of a Utility to payment for services provided to a Customer;	
(e)	the right of a Utility to disconnect or restrict supply to a Customer for non-payment of a Customer Account;
(f)	any rights of access and asset protection that the Utility has, including the right to enter the Premises of a Consumer.
(2)	The Summary must be expressed in simple and straightforward language.
(3)	In addition, the Summary must advise a Consumer of the availability of:
(a)	interpreter services; and
(b)	non-English and other versions of the Summary.

9.3	Summary to be Available in Different Languages and Formats
(1)	A Utility must ensure that the Summary is available in the following versions:
(a)	English;
(b) 	large print; and 
(c)	each of the five most common non-English languages used in the Territory. 
(2)	A Utility must take any other reasonable steps to provide a Consumer with a summary of the rights of the Consumer and of the Utility under the Act and this Code. 
9.4	Utility to Provide Copy of Summary 
(1)	A copy of the Summary must be included in a Customer’s initial Account unless provided previously.  If the Summary is changed in any significant respect a copy must be sent to each Customer with the Account following the change. 
(2) 	A Utility must, on request, provide a Consumer with a copy of the Summary. 
(3)	A Utility must make the most recent version of the Summary available on its website.
10	special needs
10.1	Utility Must Not Disconnect
(1)	If a Consumer provides evidence from a registered medical practitioner or a hospital that a Person residing at the Consumer’s Premises requires a life support machine, the operation of which requires a Utility Service, the relevant Utility must record those Premises as a life support machine supply address (“supply address”);
(2)	Where the operation of a life support machine requires electricity supply services, the Electricity Supplier must immediately notify the Electricity Distributor that a Premises has been registered as a supply address. The Electricity Distributor must update its special needs records not later than two Business Days after notification; 
(3)	The Utility must not disconnect the Utility Service to the supply address while any life support equipment is in use at the supply address unless:
(a) 	it has been notified by the Consumer or, in the case of electricity supply services, by the Electricity Supplier,  that the Person no longer resides at that address or 	no longer requires the life support machine; or
(b)	the Consumer fails to provide evidence to a Utility, at the Utility’s request,  that the Person still resides at that address and still requires the life support machine. 
(4)	Subject to clause 10.1(5), the Utility must give the Consumer not less than four Business Days written notice of a planned interruption to the supply of Utility Services at the supply address;
(5)	A period of notice longer than four Business Days may be given provided it is:
(a)	requested by the Consumer;
(b)     reasonably necessary; and
(c)	able to be provided by the Utility;
(6)	The Utility must:
(a)	to the extent that it is able, assist the Consumer, upon request, to prepare a contingency plan in case of an unplanned interruption in the supply of the Utility Service to the Consumer; and
(b)	provide an emergency telephone contact number.
10.2	Cessation of Special Needs
A Utility may include as a condition of the Customer Contract that a Consumer whose address has been recorded by a Utility as a supply address must inform the Utility if the Person for whom the life support machine is required:
(1)	vacates the supply address; or
(2)	no longer requires the life support machine.
11	Obligation to Comply with Performance Standards
11.1	Compliance by Utilities with Performance Standards
A Utility must comply with all applicable performance standards set out in the Schedule to this Code, except to the extent that:
(1)	alternative arrangements or standards have been agreed between the Utility and a Consumer; or
(2)	events or conditions, outside the control of the Utility, including emergencies declared under the Emergency Management Act 1999 (ACT) or any other Law, prevent the Utility from complying with the performance standards of this Code. 

11.2	Obligation to Pay Rebate for Non-Compliance
(1)	If:
(a)	a Utility does not comply with its obligations under clause 11.1, and
(b)	the Utility becomes aware of the fact that it has not so complied; and 
(c)	there is a resultant liability to pay a rebate prescribed in the Schedule  to an affected Consumer,
the Utility must pay the  rebate.	
(2)	A Utility is not required by clause 11.2(1) to pay more than one rebate to each affected Premises per event of non-compliance with the performance standards.
(3)	For the purposes of clause 11.2(2), each Premises where a Customer receives an Account from the Utility is a separate Premises. 
(4) 	A Utility is not required by sub-clause 11.2(1) to pay any rebate unless a Consumer has:
(a)	applied for a rebate; and
(b)	the application has been made within three months of the non-compliance by the Utility.
11.3	Method of Payment of Rebate
(1)	A Utility required under this Code to pay a rebate to a Customer may pay the rebate by deducting the amount of the rebate from the amount payable by the Customer under the next Customer Account which is due after the rebate became payable; or
(2) 	in the case of a Non-Franchise Customer, the rebate may be paid by the Utility to the Non-Franchise Customer’s electricity or gas supplier, to be passed on to the Customer; or
(3)	in the case of a Customer who has discontinued the Utility Service, the rebate may be paid directly to the Customer or as otherwise agreed by the Customer; or
(4)	in the case of a Consumer who is not a Customer, the rebate may be paid directly to the Consumer or as otherwise agreed by the Consumer.

11.4	Rebates to be Paid in Addition to Damages
If a Utility becomes liable under this Code to pay a Customer a rebate, that liability is in addition to, and not in substitution for, any claim for damages that the Customer may have against the Utility for breach of the Customer Contract.

PART 2.3 	PROTECTION OF customerS 
12				CHARGES
12.1	Information about Charges
(1)	A Utility must provide information about the Charges (including alternative Charges and variation of Charges), which it makes for the supply or sale of Utility Services to the Customer. 
(2)	On request by a Customer, a Utility must make a copy of its Charges available to the Customer free of charge.
(3)	A Utility must list the Charges which it makes for the supply or sale of Utility Services to Franchise Customers on the website of the Utility.
12.2	Variation of Charges
An increase in the Charge for a Utility Service operates from the date of the relevant notice of the increase or from a later date specified in the notice and does not apply retrospectively, unless with the prior approval of the ICRC.
13	customer accounts
13.1	Maximum Intervals between the sending of Customer Accounts
A Utility must send a Customer Account to each Customer at least every 120 days from the issue of the last Customer Account unless the Customer and the Utility have agreed to an alternative arrangement.
13.2	Notice
A Customer Account when sent by a Utility, is a notice for the purpose of clause 8. 
13.3	Content of Customer Accounts
(1)	A Customer Account must contain the following information:
(a)	the name and bill number of the Customer, the address of the Premises of the Customer and any relevant mailing address;
(b)	the date on which the Account period begins and ends;
(c)	the Utility Service (or any particular or additional goods or services) to which the Account relates;
(d)	the dates of current and previous meter readings or estimates (if applicable);
(e)	current and previous meter readings or estimates (if applicable);
(f)	current and comparative consumption data (if applicable);
(g)	the Customer’s National Metering Identifier and Checksum, in the case of an Electricity Supplier;
(h)	the Customer’s Delivery Point Identifier, in the case of a Gas Supplier; 
(i)	the Charges payable (fixed and variable), specifying the particular Utility Service they are for, and whether they are Utility Service related Charges or Charges for other goods and services; 
(j)	any amount deducted, credited or received under:
(i)	a Territory Government sponsored rebate or concession scheme; or
(ii)	an instalment plan which applies to the Customer;
(k)	the amount of any arrears or credit standing to the Customer’s name;
(l)	the amount of any payments received from the Customer during the Account period;
(m)	the total amount due;
(n)	the due date for payment; 
(o)	a summary of payment methods;
(p)	the address to which payment is to be made or the alternative mode of payment options (see clauses 13.5 (2) and (3));
(q)	in the case of electricity and gas supply:
(i)	the amount of greenhouse gas emissions associated with the electricity or gas supplied, as per the “Guidelines for Greenhouse Gas Disclosure on Customer Accounts”; and
(ii)		any other information specified by the ICRC in the “Guidelines for Greenhouse Gas Disclosure on Customer Accounts”;
(r)	in the case of electricity, to the extent that the data is available, the contribution of accredited Green Power electricity generation to the  Customer’s electricity consumption;
(s)	contact details for a 24 hour  telephone number for faults, difficulties and emergencies; 
(t)	a referral telephone number for an interpreter service (set out in the five most common non-English languages used in the Territory); 
(u)	a telephone number for the Customer to call for any queries relating to:
(i)	the Customer Account;
(ii)	the complaints handling procedures of the Utility;
(iii)	how to make a hardship complaint to the ESCC; or
(iv)	how to apply for a Territory Government sponsored rebate or concession that the Utility provides.
(2)	A Gas Supplier or an Electricity Supplier is not required to include the information referred to in sub-clauses 13.3(1)(u)(iii) and (iv) in the Accounts of Large Non-Franchise Customers. 
13.4	Historical billing information
(1)		A Utility must, 	at the request of a Customer, provide the Customer with the information held by the Utility that concerns the Account of the Customer. 
(2)	If the information requested relates to the last 12 months, the Utility must provide the information free of charge.
(3)	If the information requested is more than 12 months old, the Utility is entitled to charge the Customer the reasonable cost of providing the Customer Account information. 
13.5	Payment of Customer Accounts
(1)	A Utility must give a Customer not less than 12 Business Days to pay the Customer Account from the date on which the Customer Account is sent to the Customer, unless an alternative period has been agreed between the Utility and the Customer. 
(2)		A Utility must provide a Customer with the following options for the payment of Accounts, namely payment:  
(a)	in person at any of the offices or agencies designated by the Utility;
(b)	by mail to the address nominated by the Utility. 
(3)	Utilities are also encouraged to provide Customers with a range of other flexible options for the payment of Accounts including, but not limited to, payment:
(a)	by direct debit from a Customer’s cheque, savings or accepted credit card account;
(b)	by telephone from a Customer’s cheque, savings or accepted credit card account;
(c)	by automatic direct debit under a payment arrangement agreed upon between the Customer, the Utility and the Customer’s bank or financial institution; 
(d)		by electronic payment over the Internet from a Customer’s cheque, savings or accepted credit card account; and
(e)	if available, by direct debit from Centrelink.
13.6	Review of Customer Accounts 
(1)	Subject to this clause, on request by a Customer who disagrees with the amount of a Customer Account, a Utility must review the Customer Account free of charge.  (This review does not include reading a Customer’s meter.)
(2)	The Utility is entitled to receive payment for that part of the Customer Account that is not in dispute and which is due before commencing the review. 
(3)	If a review of a Customer Account shows that the amount required for payment on the Account was incorrect, the Utility must adjust the Account after the review.  
(4)	A Utility is not required to review a Customer Account more than once per Account period.
13.7				Overcharging
If a Utility becomes aware that it has overcharged a Customer as a result of a review of a Customer Account or by any other means, the Utility must adjust the Customer Account by refunding the amount overcharged or by reducing the amount of the next Customer Account sent to the Customer after becoming aware of the overcharge.
13.8	Undercharging
(1)	If a Utility becomes aware that it has undercharged a Customer as a result of a review of a Customer Account or by any other means, the Utility may recover the undercharge.  
(2)	The amount to be recovered must be listed separately and explained on the Customer Account and interest may not be charged on the amount being recovered. 
(3)	The Utility must give the Customer a period of time to pay the undercharge that is at least equal to the period during which the undercharging occurred, if requested by the Customer.
(4)	Despite clause 13.8(1), a Utility may not recover the undercharge if it occurred more than 12 months previously.
(5)	Clause 13.8(4) does not apply to the extent that the undercharging by the Utility was caused or contributed to by the Customer, or by dishonesty or deceit against the Utility, or by the unreasonable failure of the Customer to provide to the Utility information for the purpose of calculating charges.
13.9	Final Customer Account on Disconnection or on Vacating Premises
(1)	A Customer may seek termination or disconnection of a Utility Service provided to the Customer by the Utility.
(2)	A Customer must give the Utility up to three Business Days notice of the date on which the Customer seeks to have a Utility Service disconnected or to vacate Premises to which the Utility provides a Utility Service and must provide an address to which a final Customer Account can be sent.
(3)	The Utility may require the Customer to pay all the Charges (including minimum Charges) for services provided to the Customer’s Premises until whichever of the following first occurs:
(a)	the date for disconnection of the service in accordance with clause 13.9(2)  or
(b)	the Utility reads the Customer’s meter prior to disconnection of the service; or
(c)	the Utility disconnects, suspends or transfers the service. 
(4)	Termination of a Utility Service to a Customer does not affect rights or obligations incurred prior to the date of termination.  Moreover, the Customer continues to have access to the complaints and dispute resolution process in accordance with clause 6.

13.10		How payments to be applied
(1)	If a Utility supplies a Customer with goods and services in addition to a Utility Service, the Utility must first apply any payments received from the Customer towards payment of the relevant Utility Service. The payment should begin with the oldest part of the debt, unless otherwise directed by the Customer.
(2)	In the case of dual energy, the payment should be equally distributed, unless otherwise directed by the Customer.
13.11	Territory Government Sponsored Rebates
If:
(1)	the Utility provides a Territory Government-sponsored rebate or concession on the cost of providing a Utility Service; and
(2)	a Customer applies to a Utility for a rebate or concession; and
(3)	the Utility is satisfied that the Customer is entitled to the rebate or concession;
the Utility must grant the Customer the relevant rebate or concession.

13.12	Customer Difficulties in Paying Customer Account
(1)	If a Customer informs a Utility that the Customer is experiencing difficulty in paying the Customer Account or requires payment assistance, the Utility must offer the Customer:
(a)	subject to clause 13.13, an advance payment plan or instalment payment plan option;
(b)	information about, and referral to, any Territory Government assistance program; and
(c)	information about independent financial counselling services;
at no cost to the Customer.
(2)	A Gas Supplier or an Electricity Supplier is not required to offer Large, Non-Franchise Customers the assistance referred to in clause 13.12(1).
13.13	Instalment Plan Options
A Utility is not required to offer an advance payment plan or an instalment plan to a Customer who has, in the previous 12 months, had two or more advance payment or instalment plans cancelled due to non-payment.
14	Interest and other Charges
14.1	Interest Charges
(1)	A Utility may charge interest on the Account of a Customer if at least 14 days have passed after the due date for payment of the Account of a Customer.
(2)	 A Utility may charge interest on the Account of a Customer from the due date of payment of the Account.
(3)	If the Customer is a Franchise Customer, the Utility must not charge a rate of interest which:
(a)	is not specified in the Standard Customer Contract; and
(b)	exceeds the Default Rate.

PART 3 	PROTECTION OF franchise CUSTOMERS
part 3.1	MATTERS THAT MUST BE ADDRESSED IN STANDARD CUSTOMER CONTRACTs
15	STANDARD CUSTOMER CONTRACT PROVISIONS
15.1	Obligations under the Act
Under the Act, a Utility that provides a Utility Service to a Franchise Customer must do so in accordance with a Standard Customer Contract.
15.2	Provisions to be contained in Standard Customer Contracts
A Standard Customer Contract must contain provisions to give effect to  this Part of the Code.
15.3	Provisions to be Regarded as Minimums Only
Nothing in this Part of the Code is to be taken to prevent a Utility including provisions in its Standard Customer Contract that are in addition to, and not inconsistent with, matters covered by this Part.
16	Connection and Supply
16.1	Obligation to Connect and Supply
A Utility that is licensed to provide a Utility Service to a Franchise Customer, and receives an application to provide a Utility Service from a Franchise Customer, must provide the service requested within a reasonable time. 
16.2	Utility not required to Connect or Supply
Notwithstanding clause 16(1), a Utility is not required to provide the Utility Service if a Customer:
(1)	does not meet any charges payable to the Utility with respect to the provision of the Utility Service, the connection of the Premises or any applicable capital contribution; 
(2)	does not provide satisfactory evidence of identity; 
(3)	does not have a contract with a licensed Utility for the supply of electricity, gas or water services to the Premises if the Customer is seeking electricity, gas or water connection services, respectively;
(4)	does not meet any other condition that has been approved by the ICRC;
(5)	is seeking to have their Installation connected to the Network of the Utility and the Installation of the Customer does not meet:
(a)	the requirements of the relevant Service and Installation Rules, or any applicable Technical Code or Law; and
(b) 	any other reasonable requirements by the Utility in relation to the Customer’s Installation;  
(6)	pay a security deposit if required by the Utility under clause 20.
16.3	Deeming of Standard Customer Contract
(1)	On the acceptance by a Utility of an application by a Franchise Customer, the Customer is deemed to have entered into a Standard Customer Contract with the Utility for the provision of the Utility Service requested.
(2)	A Utility may require the application for the provision of a Utility Service to be in an approved form, or as varied by agreement between the Utility and the Franchise Customer.
17	Disconnection of premises from A utility network and restriction of water supply
17.1	Utility Must Not Disconnect or Restrict Utility Services
(1)	A Utility must not, in relation to the Premises of a Customer:
(a)	disconnect the Premises from the:
(i)	electricity Network; or
(ii)	water Network; or
(iii)	gas Network; or
(iv)	sewerage Network; or
(b)		restrict the supply of water to the Premises;
	except in accordance with clauses 10.1, 17.2 and 17.3, and subject to clause 18.
(2)	Subject to clauses 10.1 and 17.4, a Utility must not disconnect, or restrict the supply of, a Utility Service to the Premises of a Customer for failure by a Customer to pay an outstanding Account. 
(3)			A Utility must not disconnect, or restrict the supply of, a Utility Service under clause 17.1(2):
(a)	after 3.00pm on any day;
(b)	on a Friday, Saturday or Sunday;
(c)	on a day that is a public holiday in the Territory or on the day before a public holiday; or
(d)	if the Customer has made a hardship complaint to  the ESCC  following the non-payment of an  Account and the ESCC has notified the Utility that  the complaint has been received.

17.2	When a Utility Must Disconnect Premises from a Utility Network
A Utility must disconnect the Premises of a Customer from a Utility Network if it is:
(1)	requested to do so by the Customer;
(2)	directed to do so by the Chief Executive; or
(3)	directed to do so by a Person permitted under Law to issue the direction (for example, the Territory Controller under the Emergency Management Act 1999 (ACT)).
17.3	When a Utility May Disconnect or Restrict Supply 
Subject to the Act and clauses 10.1, 17.2 and 17.4, a Utility may disconnect or restrict the supply of a Utility Service to the Premises of a Customer if the Utility:
(1)	is entitled to do so under the Customer Contract;  
(2)	reasonably believes that the Customer has contravened the Act;
(3)	reasonably believes that failure to disconnect may constitute a health or safety risk to the Customer or to another Person; 
(4) 	reasonably believes that failure to disconnect will cause, or is likely to cause, serious damage to property; 
(5) 	reasonably believes that failure to disconnect may affect the safe operation of the Network of the Utility; 
(6)	reasonably believes that the Installation of the Customer does not comply with the relevant Service and Installation Rules or any other reasonable Installation requirement prescribed by the Utility; 
(7) 	is an Electricity Distributor that has received a notice from the Electricity Supplier of the Customer requesting the disconnection of supply, and the Electricity Supplier confirms that the request is given in accordance with the Customer Contract of the Electricity Supplier; or
(8)	is a Gas Distributor that has received a notice from the Gas Supplier of the Customer requesting the disconnection or restriction of supply, and the Gas Supplier confirms that the request is given in accordance with the Customer Contract of the Gas Supplier. 
17.4	Disconnection or Restriction of Utility Services to Residential Premises for Failure to Pay a Customer Account
(1)	Subject to clause 10.1, a Utility may take action to disconnect the supply of electricity or gas or to restrict the supply of water to Residential Premises for failure by a Customer to pay an outstanding Customer Account only if:
(a)	the amount of the unpaid Customer Account exceeds the amount agreed between the Utility and the ESCC; 
(b)	two written notices have been served on the Customer at least seven days apart;
(c)	the Customer Account has not been paid within five days of the second notice being served on the Customer, and a reasonable attempt has subsequently been made to contact the Customer either in person or by telephone on a day other than the day of disconnection; and 
(d)	after the procedures outlined in clauses 17.4(1) (b) and (c) have been followed, the Customer has failed to make and comply with a payment arrangement to pay the Customer Account that is reasonable in the financial circumstances of the Customer and satisfactory to, and agreed to by, the Utility.
 (2)	If the Customer fails to comply with any arrangement made with the Utility in clause 17.4(d), nothing in clause 17.4 requires the Utility to repeat the steps referred to in clauses 17.4(a) to (c) prior to taking action to disconnect or restrict supply.
(3)	If, after following the procedures outlined in clause 17.4 (1) the Utility is entitled to take action to disconnect the supply of electricity or gas or to restrict the supply of water to the Premises of a Customer, the Utility must do so not more than six weeks after the second notice has been issued;   
(4)	If a Utility is advised by the ESCC that the ESCC has received and accepted a hardship complaint from a Customer, 	the Utility must not take action to disconnect or restrict the Utility Service to the Premises of that Customer until the matter has been determined by the ESCC.
(5)	If a Utility has taken action to disconnect or restrict a Utility Service to the Premises of a Customer under clause 17.4(1) and it is advised by the ESCC that the ESCC has received and accepted a hardship complaint from the Customer, 	the Utility must arrange to restore the service as soon as practicable and, in any event, within 24 hours, until the matter has been determined by the ESCC.
(6)	If a Utility has taken action to disconnect or restrict a Utility Service to the Premises of a Customer under clause 17.4(1) and the Customer pays the Customer Account, or the Utility accepts an arrangement by the Customer to pay the Account,  	the Utility must arrange to restore the service, as soon as practicable and, in any event, within 24 hours. 
(7)	The ESCC must notify within two Business Days the Utility and the Customer that a determination has been made. 
(8)	This clause 17.4 does not apply to disconnection by an Electricity Distributor or a Gas Distributor under clauses 17.3(7) or 17.3(8).
17.5	Restrictions on Water Restrictions to Residential Premises
If a Utility restricts the supply of water to Residential Premises the Utility must ensure that the restriction is to a flow rate of no less than two litres per minute.
17.6	Content and Format of Notices
A Utility must ensure that a notice issued to a Customer under clause 17.4(1):
(1)	is in simple and straightforward  language; 
(2)	is served in accordance with clause 8 of this Code;
(3)	advises that the Customer has failed to pay the Customer Account by the due date;
(4)	makes clear when is the due date, if the notice is for a subsequent failure to pay a Customer Account;
(5)	advises the Customer that failure to pay the amount due will entitle the Utility to take steps to disconnect or restrict the supply of the Utility Service to the Premises;
(6)	requests the Customer to contact the Utility;
(7)	specifies details of any Territory Government sponsored rebates or concessions that the Utility provides that may be available to the Customer;
(8)	outlines the availability of payment options;
(9)	advises the Customer of their eligibility to make a hardship complaint to the ESCC in a format approved by the ESCC;
(10)	provides advice, in the five most common non-English languages used in the Territory on the availability of translation services for a non-English speaking Customer; and
(11)	provides other information which the ESCC may require from time to time, by notice, in writing.
18	disconnections and Restrictions in Emergencies and under restriction schemes
In addition to the right to disconnect or restrict the supply of Utility Services as set out in clause 16, a Utility may restrict or ration the supply of electricity, gas or water and sewerage services if:
(1)	there is a Declared Emergency; or
(2)	a restriction under a restriction scheme approved under a Law is in force; and
(3)	the restriction or rationing is in accordance with the Emergency Plan of a Utility or an approved restriction scheme, as the case may be.
19	interruptions to supply
19.1	When a Utility May Interrupt Supply of a Utility Service
A Utility may only interrupt the supply of a Utility Service to the Premises of a Customer:
(1)	if required to do so by Law;
(2)	if requested to do so by the Customer;
(3)	for planned maintenance, repair or augmentation of the Network;
(4)	for unplanned maintenance or repair of the Network in circumstances where, in the opinion of the Utility, there is a risk of fire or a threat of injury or material damage to a person, to property or to the Network;
(5)	the total demand for electricity or gas at the relevant time exceeds the total supply available and the Utility needs to shed electricity or gas load;
(6)	if required to do so by NEMMCO, the System Operator or the Chief Executive;
(7)	for the purpose of connecting or installing a new supply to the Premises of another Customer;
(8)	for the purpose of restoring supply to the Premises of the Customer or another Customer; or
(9)	in an emergency.
19.2	Planned Interruptions to the Supply of Utility Services
(1)	A Utility must give at least two Business Days notice of a planned interruption to a Utility Service under clause 19.1(3) to each Premises that will be affected by the interruption.  The notice must:
    (a) specify the reason for the interruption and the expected date, time and reasonably anticipated duration of the interruption; and
	(b) provide either:
		(i)	a business hours telephone number for inquiries; or
(ii)	a 24 hour telephone number for inquiries
(2)	A Utility undertaking a planned interruption to a Utility Service must take all steps that are reasonable and practicable to ensure that the duration of the interruption does not exceed the expected duration set out in a notice given under clause 19.2(1).
(3)	Clause 19.2(1) does not apply to Premises that have been registered as a supply address under clause 10.1.
19.3	Unplanned Interruptions to the Supply of a Utility Service
(1)	A Utility must, within one hour of being advised of an unplanned interruption to a Utility Service, establish a 24 hour telephone service which provides affected Persons with:
(a)	information on the nature of the interruption; and
(b)	an estimate of:
(i)	when the Utility expects that supply of the relevant Utility Service will be restored; or
(ii)	when reliable information on the restoration of the supply of the relevant Utility Service will be available; and
 (c) 	the facility, as far as it is within the power of the Utility, for a Person to be connected to a telephone operator if required. 
(2) 	Following an unplanned interruption a Utility must take all steps that are reasonable and practicable to restore the supply of the Utility Service to affected Premises as soon as possible, subject to other reasonable priorities.
19.4	Load Shedding
A Utility must, to the extent that it is reasonably possible and practicable, provide prior notice to a Customer whose electricity or gas supply is likely to be interrupted under clause 19.1(5).

19.5	Liability for an Interruption
A Standard Customer Contract may provide that a Utility will not be liable for an interruption to the supply of a Utility Service in certain circumstances, including where:
(1)	the interruption was caused by events or circumstances beyond the control of the Utility; 
(2)	 the interruption was not caused by the negligence of the Utility; and
(3)	the Utility has otherwise complied with all relevant performance standards. 
19.6	Trade Practices Act 1974 (Cth), Part V
Nothing in clause 19.5 is to be taken to affect any right a Customer may have under Part V of the Trade Practices Act 1974 (Cth) or any other Law.
20	Security Deposit
20.1	When may a Security Deposit be Required 
(1)	A Utility may require the payment of a security deposit by a Customer only if: 
(a)	the Customer:
(i)	does not have a satisfactory payment record with the Utility; or
(ii) 		cannot provide satisfactory payment record data from another source; or
(b)		 the ESCC directs that the Customer must pay a security deposit; or
(c)	the Customer has previously vacated  Premises without paying an outstanding Customer Account and the Customer’s debt to the Utility remains outstanding; or
(d)	during the last 12 months the Customer has on two or more occasions not paid a Customer Account (whether for the Customer’s current Premises or other Premises) by the due date or within a reasonable time after that date.
20.2	Maximum Amount of Security Deposit
If a Utility requires a Customer to pay a security deposit, the security deposit must not be greater than:
(1)	1.5 times the estimated quarterly Customer Account, if the Customer is billed quarterly; or
(2) 	2.5 times the estimated monthly Customer Account, if the Customer is billed monthly;
(3)	an amount determined by the ESCC either generally or in a specific case having regard to the financial circumstances of the Customer or a class of Customers.
20.3	Interest on Security Deposits
Interest earned on security deposits must be at a rate no less than the rate specified from time to time by the ICRC.
20.4	Repayment of Security Deposits
A Utility must repay a security deposit (including any interest earned) to a Customer if the Customer pays his or her Customer Account on or before the due date for a continuous period of 12 months. 
20.5	Purposes for which Security Deposits must not be used
A Utility must not use a security deposit, or any part of a security deposit, to recover amounts due in respect of Charges other than Charges related to the supply or sale of Utility Services. 

part 3.2	standard customer contracts
21	availability of AND CHANGES TO a standard customer contract
21.1	Utility to make Contract available to Customers
A Utility must make a copy of its Standard Customer Contract available to a Customer, on request and free of charge.  The Utility must also make the Standard Customer Contract available on its website.
21.2	Additional copies
	A Utility may charge a Customer the reasonable cost of providing any additional copy of a Standard Customer Contract.
21.3	Changes to contracts
(1)	If a Standard Customer Contract is changed the Utility must publish a notice of the change in a newspaper that circulates in the Territory. The notice must provide:
(a)	a summary of the scope, intent and general effect of the variation; and
(b)	advice about where the details of the changes may be found.
(2) 	The Utility must also provide a summary of the contract variation to an affected Customer in the next Customer Account given after the date of the publication of the notice.
(3) 	If requested by a Customer, the Utility must make available a copy of the amended Standard Customer Contract to the Customer free of charge. 

PART 4 	PROTECTION OF a small, non-franchise customer

part 4.1	MATTERS THAT MUST BE ADDRESSED IN a negotiated CUSTOMER CONTRACT
22	Negotiated Customer Contract provisions 
22.1	Obligations under the Act
	Under the Act, a Utility that provides a Utility Service to a Non-Franchise Customer must do so in accordance with a Negotiated Customer Contract.
22.2 		Provisions to be contained in the Negotiated Customer Contract
A Negotiated Customer Contract with a Small, Non-Franchise Customer must  give effect to this Part of the Code.
22.3       Provisions to be Regarded as Minimums Only
Nothing in this Part of the Code is to be taken to prevent a Utility including provisions in a Negotiated Customer Contract with a Small, Non-Franchise Customer that are in addition to, and not inconsistent with, matters covered by this Part.
23	disconnection of supply 
23.1	Disconnection of Utility Services for Failure to Pay a Customer Account
(1)	Subject to clause 10.1, a Utility may request that a Gas Distributor or an Electricity Distributor disconnect the Premises of a Customer from the relevant Utility Network for failure by the Customer to pay an outstanding Account only if:
(a)	the amount of the unpaid Account exceeds the amount agreed between the Utility and the ESCC; 
(b)	two written notices have been served on the Customer at least seven days apart;
(c)	the Account has not been paid within five days of the second notice being served on the Customer, and a reasonable attempt has subsequently been made to contact the Customer either in person or by telephone on a day other than the day of disconnection; and 
(d)	after the procedures outlined in clauses 23.1(1) (b) and (c) have been followed, the Customer has failed to make and comply with a payment arrangement to pay the Customer Account that is reasonable in the financial circumstances of the Customer and satisfactory to, and agreed to by, the Utility.
(2) 	 If the Customer fails to comply with any arrangement made with the Utility in clause 23.1(d), nothing in clause 23.1(1) requires the Utility to repeat the steps referred to in clauses 23.1(1)(a) to (c) prior to disconnection of supply.
(3) 	If, after following the procedures outlined in clause 23.1 (1) the Utility is entitled to take action to disconnect electricity or gas supply to the Premises of a Customer, the Utility must do so not later than six weeks after the second notice has been issued;   
(4)	If a Utility is advised by the ESCC that the ESCC has received and accepted a hardship complaint from a Customer, 	the Utility must not take action to disconnect the service until the matter has been determined by the ESCC.
(5)	If a Utility has taken action to disconnect a Utility Service to the Premises of a Customer under clause 23.1(1) and it is advised by the ESCC that the ESCC has received and accepted a hardship complaint from the Customer, 	the Utility must arrange to restore the service as soon as practicable and, in any event, within 24 hours, until the matter has been determined by the ESCC.
(6)	The ESCC must notify within two Business Days the Utility and the Customer that a determination has been made.
(7)	If a Utility has taken action to disconnect a Utility Service to the Premises of a Customer under clause 23.1(1) and the Customer pays the Customer Account, or the Utility accepts an arrangement by the Customer to pay the Account subject to this Code, 	the Utility must arrange to restore the service, as soon as practicable and, in any event, within 24 hours. 
23.2	Content and Format of Notices
A Utility must ensure that a notice issued to a Customer under clause 23.1(1):
(1)	is in simple and straightforward language; 
(2)	is served in accordance with this Code;
(3) 	specifies that the Customer has failed to pay the Customer Account by the due date;
(4) 	makes it clear when is the due date, if the notice is for a subsequent failure to pay a Customer Account;
(5)	notifies the Customer that failure to pay the amount due will entitle the Utility to take steps to disconnect the supply of the Utility Service to the Premises;
(6)	requests the Customer to contact the Utility;
(7)	specifies details of any Territory Government sponsored rebates or concessions that the Utility provides that may be available to the Customer;
(8)	outlines the availability of payment options;
(9)	advises the Customer of their eligibility to make an application for relief from hardship with the ESCC in a format approved by the ESCC;
(10)	provides advice, in the five most common non-English languages used in the Territory, on the availability of translation services for non-English speaking Customers; and
(11)	provides other information which the ESCC may require from time to time, by notice, in writing. 
24	notice where negotiated customer contract ends
(1)	Not less than four weeks before the end of the period of supply of gas or the supply of electricity under a Customer Contract, the relevant Utility must give notice to the Customer advising that the contract period is due to come to an end on a specified date, subject to provisions referred to in clause 24(2).  
(2)	The notice must also advise the Customer:
(a)	what are the options of the Customer, including to negotiate a new Customer Contract with the Utility or with another Utility; and
(b)	of the Charges and terms and conditions that will apply to the Customer beyond the end of the period of supply of gas or the supply of electricity if the Customer fails to negotiate a new Customer Contract with the Utility or with another Utility.
25	Security Deposit
25.1	Repayment of Security Deposits
If a Utility has required a Customer to pay a security deposit, the Utility must repay the security deposit (including interest earned, if any) to the Customer if the Customer pays his or her Customer Accounts on or before the date they are due 	for a continuous period of 12 months. 
25.2	Purposes for which Security Deposits must not be used
A Utility must not use a security deposit, or any part of a security deposit, to recover amounts due in respect of Charges other than Charges related to the supply or sale of Utility Services. 

part 4.2 	negotiated customer contracts
26.1	Utility to make Contract available to Customers
A Utility must make a copy of a Negotiated Customer Contract available to the Customer, free of charge.  
26.2	Additional copies
	A Utility may charge a Customer the reasonable cost of providing any additional copies of a Negotiated Customer Contract.

part 4.3	marketing of electricity and gas supply services
Clauses 27 – 29 concern Consumers. Clause 30 addresses matters that Utilities must include in Negotiated Customer Contracts and is therefore specific to Customers.
27	marketing obligations
27.1	Obligations of Marketer
 For the purposes of Marketing, a Marketer must:
(1)	understand and comply with the obligations under this part of the Code and all applicable Laws;
(2)	have product knowledge, including knowledge about tariffs, billing procedures, payment options, and redress available to Consumers experiencing financial hardship;
(3) 	understand and be able to explain all offers made to Consumers; and
(4)	understand what is misleading, deceptive or unconscionable conduct.
27.2	Obligations of Utility
Where a Marketer is not a Utility, the Utility on whose behalf the Marketer is contracted, must:
(1)	take steps to ensure that the Marketer meets the requirements set out in clause 276.1; and
(2)	obtain a written statement of compliance with this Part of the Code and all applicable Laws from the Marketer where the Marketer introduces a Consumer to the Utility or where the Marketer arranges or facilitates a supply arrangement on behalf  of that Utility.
28	contact with Consumers
28.1      Conduct
(1)	A Marketer shall:
(a)	not harass or coerce a Consumer;
(b)	not engage in misleading, deceptive or unconscionable conduct, whether by act or omission;
(c)	not make a false or misleading representation;
(d) 	provide all relevant facts in an accurate and truthful way.  
(2)	A Marketer must not call or contact a Consumer:
(a)	during a public holiday in the Territory;
(b)	on a Saturday or Sunday, between midnight and 9:00am or between 5:00pm and midnight; or
(c)	on any other day, between midnight and 9:00am or between 8.00pm and midnight,
unless the Consumer has given express approval. 
(3)	A Marketer must ensure that a Consumer is able to contact the Marketer or the Utility on whose behalf the Marketer is acting  during normal business hours.
28.2      Duties of Marketers
(1)	To the extent not otherwise required by the Door-to-Door Trading Act 1991 (ACT), a  Marketer that contacts a Consumer for the purposes of Marketing must, as soon as practicable, clearly:
(a)	identify his or her name and the name of the company that the Marketer works for;
(b)	where a Marketer is not a Utility,  the name of the Utility on whose behalf the Marketer is acting;
(c)	identify, if requested, the Marketer’s contact number and address or the contact number and address of the Utility on whose behalf the Marketer is acting;
(d)	explain the purpose for contacting the Consumer; and
(e)	ask the Consumer if the Consumer wishes to proceed further in the Marketing process.
(2)	If a Consumer indicates, at any time during a conversation with a Marketer, that the Consumer does not wish to proceed, the Marketer must cease Marketing promptly and must not contact that Consumer for the purposes of Marketing for not less than 28 days, unless requested by the Consumer.
(3)	The requirements of clauses 28.2 (1) and (2) apply to Marketing in any form and by any technology by Marketers, including contact by telephone, at a Consumer’s Premises, outside a Consumer’s Premises, and by internet or e-mail.
(4)	Where a Marketer makes personal contact with a Consumer either at the Consumer’s Premises or outside the Consumer’s Premises the Marketer must display an identity card that shows:
(a)	his or her full name, and the name of the Utility that the Marketer represents; and
(b)	 where a Marketer is not a Utility, the name of the company that the Marketer works for.
28.3	     Contract information
(1)	After a Consumer has accepted an invitation to treat from a Marketer, the Marketer shall provide the following information, in writing, to the Consumer at or immediately before the Consumer enters into a contract with the Utility:
(a)	the type and frequency of Accounts the Consumer will receive, and the payment methods available to the Consumer;
(b)	details of all applicable charges and service levels that will apply to the Consumer including, if applicable, any fees or commissions that a Marketer is entitled to receive as a result of introducing the Consumer to a Utility or facilitating a supply arrangement between the Consumer and a Utility;
(c)	the full name, address and telephone number of the Utility;
(d)	the Consumer’s entitlement to a cooling-off period; 
(e)	the length of the cooling-off period;
(f)	any rights the Consumer has to cancel or rescind the contract and any charges that would apply on cancellation together with a notice explaining the right of the Consumer to rescind the contract and a notice that may be used by the Consumer to rescind the contract;
(g) 	the full terms of the contract including the period of the contract;
(h)	the name and contact number of the Utility responsible for providing the relevant connection services, if not arranged by the Utility providing the supply service;
(i)	the Consumer’s right to make a complaint and to whom it should be made;
(j)	any other information reasonably necessary for the Consumer to make an informed decision about entering into a contract.
(2)	A Utility shall send the following information to a Consumer within two Business Days of entering into a contract with a Consumer, unless this information has been previously supplied to the Consumer:
(a)	the full terms, conditions and applicable costs of the contract including the period of the contract; 
(b)	advice to the Consumer that the Consumer has the right to cancel the contract, 
(c)	a Utility contact point which the Consumer may contact for further information or to cancel the contract;
(d)	reference to any Territory Government sponsored rebates or concessions that the Utility provides that the Consumer may be eligible for; and
(e)	how to make a complaint against the Utility.
(3)	Any information provided to a Consumer under clauses 28.3 (1) and (2) must be in simple and straightforward language.
29	Informed Consent
(1)	Subject to clause 30, a Utility must not transfer the supply of electricity or gas supply of a Consumer unless the Utility has the informed consent of the Consumer. 
(2) 	For the purposes of this part, a Consumer is taken to have given informed consent if the Consumer:
(a)	has been fully and accurately informed of what the Consumer is consenting to; 
(b)	understands what they are consenting to; and
(c)	gives consent in writing. 
30	negotiated customer contract
30.1	Cooling off period under Negotiated Customer Contract
(1)	A Negotiated Customer Contract must make provision:
(a)	for a cooling-off period, commencing on, and concluding not later than 10 Business Days after,  the day the contract is made; and
(b) 	that the Utility is not entitled to the payment of any costs, compensation or any other amount as a consequence of a termination of contract during the cooling-off period, other than charges payable in respect of any Utility Service supplied, or any other services provided, under the contract.
(2)	Except where a Negotiated Consumer Contract has been negotiated and concluded in a door-to-door trading situation, a Utility may commence the supply of gas or electricity to the Premises of a Customer during the cooling-off period.
30.2	Rescission under Negotiated Customer Contract
(1)	A Negotiated Customer Contract must make provision for a Customer to rescind the contract within six months of the date of commencement of the contract if a Marketer was in serious breach of their obligations under clause 28 of this Code.
(2)	A right of rescission conferred under this clause may be exercised notwithstanding:
(a)	affirmation of the contract by the Customer; or
(b)	the execution of the contract.
(3)	In order to exercise a right of rescission a Customer must give notice, in writing, to the Utility indicating the Customer’s intention to rescind the contract. A notice of rescission must be given to the Utility:
(a)	in person; or
(b)	delivered or posted to the address of the Utility.
(4)	Nothing in this part affects other rights in Law or in equity that the Customer may have in relation to the contract or the conduct of the Marketer.

DICTIONARY
In this Code, unless the contrary intention appears:
(1)	“Account” – see “Customer Account”;
(2)	“Act” means the Utilities Act 2000 (ACT);
(3)	“Agent” means	 a Person whom a Utility has contracted to provide, construct, operate, manage or maintain any of the systems or services that it is licensed to provide, including Marketing;
(4)	“Business Day” means a day, other than a Saturday or Sunday, or a declared Public Holiday in the Territory;
(5)	“Centrelink” means the agency known as Centrelink established under the Commonwealth Services Delivery Agency Act 1997 (Cth);
(6)	“Charges” includes prices, tariffs and fees; 
(7)    “Checksum” means the single numeral associated with a National Metering Identifer used to assist with data validation when the National Metering Identifer is passed manually between parties in the National Electricity Market;
(8)	“Chief Executive” means the Chief Executive responsible for the Technical Codes under the Act;
(9)	“Consumer”- see clause 3.2(1);
(10)	“Customer” – see clause 3.2(2);
(11)	“Customer Account” means an Account sent by a Utility to a Customer in accordance with the requirements of this Code
(12)  “Customer Contract” means a Standard Customer Contract or a Negotiated Customer Contract;
(13)	“Declared Emergency” has the same meaning as in the Emergency Management Act 1999 (ACT);
(14)  “Default Rate” means the rate of interest that is fixed from time to time for the purposes of section 70 of the Supreme Court Act 1933 (ACT);
(15)  “Delivery Point” means a point on a gas Network at which gas is withdrawn for delivery to a Customer or Customers;
(16)	“Delivery Point Identifier” means the numeric or alpha numerical name of a Delivery Point;
(17)	"door-to-door trading situation” has the same meaning as in the Door-to-Door Trading Act 1991 (ACT), namely a trading practice under which a person goes from place to place, or makes telephone calls, seeking out persons who may be prepared to enter, as consumers, into contracts for the supply of goods or services, and that person or some other person then or subsequently enters into negotiations with those prospective consumers with a view to the making of the contracts;
(18)  “Emergency Plan” means an Emergency Plan required to be developed under the Emergency Planning Code;
(19)  “Emergency Planning Code” means the Emergency Planning Code approved by the Minister as a Technical Code under the Act;
(20)  “Electricity Distributor” means a Person who holds a licence to distribute electricity under Part 3 of the Act;
(21)	“Electricity Supplier” means a Person who holds a licence to supply electricity under Part 3 of the Act;
(22)  “ESCC” means the Essential Services Consumer Council established under Part 11 of the Act;
(23)  “Franchise Customer” means a Customer who has entered into a Standard Customer Contract: the term has the same meaning as “non-contestable customer” and means a Customer;
(24)	“Gas Distributor” means a Person who holds a licence to distribute gas under Part 3 of the Act;
(25)  “Gas Supplier” means a Person who holds a licence to supply gas under Part 3 of the Act;
(26)   “Industry Code” means a code approved or determined by ICRC under Part 4 of the Act;
(27)   “Installation” means the wiring, pipes and associated structures or equipment, owned by a Customer and within the Customer’s Premises, that are used to convey electricity, gas or water or dispose of sewage but, in the case of electricity, does not include anything connected to and extending beyond an electrical outlet socket;
(28)   “ICRC” means the Independent Competition and Regulatory Commission established under section 5 of the Independent Competition and Regulatory Commission Act 1997 (ACT);
(29)   “Large Non-Franchise Customer”:
(a)	for electricity supply services, means a Non-Franchise Customer who is consuming more than or equal to 100MWh pa; and 
(b)	for a gas supply services, means a Non-Franchise Customer who is consuming more than or equal to 1 TJ pa; 
(30)	“Law” means:
	(a)	  a		n Act; or
(b) 	a subordinate law; or
(c)	any other statutory instrument of a legislative nature;  or
(d)	the common law;
(31)	“Load Profile” means the daily and seasonal pattern of electricity usage;
(32)   “Marketer” means:
(a)	a Person who acts as an Agent or intermediary between Customers and a Utility; or
(b)	a Utility;
who undertakes the Marketing of gas or electricity supply services;
(33)   “Marketing” includes, but is not limited to, advertising, sales, promotion, market research, public relations by any means, whether solicited or unsolicited, for the purposes of obtaining new Customers, or retaining existing Customers, for the provision of gas or electricity supply services;
(34)	 “Minister” means the Minister responsible for administering Part 5 of the Act;
(35)   “MSATS” means the Market Settlement and Transfer Solution, a system operated by NEMMCO;
(36)				“National Metering Identifier” means a unique identification for each (electricity) connection point;
(37)  “Negotiated Customer Contract means 	a contract that is a Negotiated  Customer Contract for the purposes of Part 6 of the Act;  
(38)   “NEMMCO” means the National Electricity Market Management Company Ltd;  
(39)  “Network” means the infrastructure used for the provision of a Utility Service by a Utility to the Premises of a Customer or a Consumer;
(40)  “Non-Franchise Customer” means a Person who has entered into a Negotiated Contract with a Utility: the term has the same meaning as ”contestable customer”;
(41)	 “Occupier”, of Premises, means a Person who has, or is entitled to, lawful possession or control of the Premises (whether alone or together with one or more other Persons);
(42)   “Person” includes a natural Person, a firm, an unincorporated association or a body corporate;
(43)   “Power Factor” means the ratio of the rate that electrical energy flows to the apparent power at a metering point;
(44)   “Premises” includes land and place; 
(45)   “Residential Premises” means Premises to which a Utility provides a Utility Service for domestic use;
(46)  “Service and Installation Rules” means the Service and Installation Rules adopted by a Utility in accordance with the relevant Service and Installation Rules Code;
(47)   “Service and Installation Rules Code” refers to either the Electricity Service and Installation Rules Code or the Water and Sewerage Service and Installation Rules Code, whichever the case may be, approved by the Minister as a Technical Code under the Act; 
(48)   “Small Non-Franchise Customer”:
(a)	for electricity supply services, means a Non-Franchise Customer who is consuming less than 100MWh pa; and 
(b)	for gas supply services, means a Non-Franchise Customer who is consuming less than 1 TJ pa; 
(49)   “Standard Customer Contract” means 	a contract that is a Standard Customer Contract for the purposes of Part 6 of the Act;
(50)   “System Operator” means the Person responsible for operating and administering the National Electricity Market;
(51)   “Technical Code” means a code approved or determined by the Minister under Part 5 of the Act;
(52)   “Territory” means the Australian Capital Territory;
(53)   “Utility” means a Person licensed to provide a Utility Service under Part 3 of the Act;
(54)   “Utility Service” includes:
(a)	electricity distribution, connection and supply service;
(b)	gas distribution, connection and supply service;
(c)	water collection, treatment, distribution, connection and supply service, and the provision of a water Network; and
(d)	sewerage service, sewerage connection service, and the provision of a sewerage Network;
(55)	“Water and Sewerage Utility” means a Person who holds a licence to provide water supply and sewerage services under Part 3 of the Act.

SCHEDULE: PERFORMANCE STANDARDS
COLUMN 1: SUBJECT OF THE PERFORMANCE STANDARD	COLUMN 2: 
PERFORMANCE STANDARD REQUIRED
(SUBJECT TO CLAUSE 11)	COLUMN 3:  
REBATE AMOUNT FOR EACH FAILURE TO MEET PERFORMANCE STANDARD	
1.  Customer Connection Times	If a Customer’s Installation is:
(a)	physically connected to the electricity Network, the gas Network, the water Network or the sewerage Network; and
(b)	a Customer is entitled to supply of the relevant Utility Service or Services,
a Utility must provide those services:
(c) on the same day as the request is made if the request is made before 2:00pm; or
(d) by the end of the next Business Day if a request is made after 2:00pm,
otherwise, on a day agreed between the Customer and the Utility.
	$60 for each day after the date the Utility Service or Services should have been provided until those services are provided.	
2.  Keeping Agreed Appointments	(1)	A Utility must:
(a)	not be more than 30 minutes late for an agreed appointment with a Consumer, unless at least one hour’s notice has been given to the Consumer that the Utility will be late; and
(b)	give 24 hours notice of the cancellation of an appointment.
(2)	A Utility may, when making an agreed appointment with a Consumer, negotiate a time-frame in which the Utility must keep that appointment (for example, between 8:00am and 11:00am).
	$20	
3.  Responding to Written Queries and Complaints	Customer Account Queries:
A Utility, upon receipt of a written Customer Account query, must:
(a)	acknowledge the query within 10 Business Days; and
(b)	respond to the query within 20 Business Days.
Consumer Complaints:
A Utility, upon receipt of a written Consumer complaint in relation to the supply by the Utility of a Utility Service to the Consumer, must: 
(a)	if a visit to the Consumer’s Premises or enquiries of a third party are necessary, acknowledge the complaint within 10 Business Days and respond within 20 Business Days; or
(b)	in all other cases, respond to the complaint within 10 Business Days.	$20	
4.  Response Time to Consumer Notification of Problem or Concern	A Utility notified by a Consumer of a problem or concern with the Utility’s Network that affects the Consumer must: 
(a)	if the notification relates to damage to the Utility’s Network which is likely to affect public health, or is causing, or has the potential to cause, substantial damage or harm to a person or property, respond as soon as practicable and within six hours; or
(b)	in all other cases, respond within 48 hours.	$60 for each day after the day on which the response should have been provided, until that response is provided.	
5. Planned Interruptions to Utility Services
(applies only to Gas and Electricity Distributors,  and Water & Sewerage Utilities)

	(1)	A Utility must give at least two days notice of a planned interruption to a Utility Service to each Premises that will be affected by the interruption.
(2)	A Utility must take all steps that are reasonable and practicable to restore the supply of the service to affected Premises as soon as possible, subject to other reasonable priorities and, in any event, within 12 hours of the initial interruption. 	$50

	
6. Unplanned Interruptions to Utility Services
(applies only to Gas and Electricity Distributors,  and Water & Sewerage Utilities)
	(1)	A Utility must, within one hour of being advised of an interruption to a Utility Service, and as soon as practicable, establish a 24 hour telephone service in accordance with clause 19.3(1).
(2)	A Utility must take all steps that are reasonable and practicable to restore the supply of the relevant Utility Service to affected Premises as soon as possible, subject to other reasonable priorities.	$20

	
7. Response Time to Notification of Problem or Concern by a third party
(applies only to Gas and Electricity Distributors,  and Water & Sewerage Utilities)	A Utility notified of a problem or concern with the Utility’s Network by a third party, ie a Person other than the Consumer, must:
(1)  if the notification relates to a problem concerning the Utility’s Network that is affecting public health or is causing, or has the potential to cause, substantial damage or harm to a Person or their property, respond as soon as practicable and within six hours; or
(2)  in all other cases, respond within 48 hours.	nil	
8. Water Quality Standards
(applies only to Water & Sewerage Utilities)
	A Utility must not allow a Consumer to be without drinking water for more than 12 hours.
	$50 per Consumer for each subsequent 12 hour period without water	
9.  Sewage Overflows
(applies only to Water & Sewerage Utilities)
	In the event of becoming aware of a sewerage spillage from a Sewerage Network (“overflow”) into a Customer’s dwelling, a Utility must respond to the overflow within one hour.
	$50 per overflow event