Australian Capital Territory
Utilities (Variation of Industry Code) Determination 2005 (No 1)
Disallowable instrument DI2005–65
made under the  
Utilities Act 2000, s 61(Variation)

1	Name of instrument
This instrument is the Utilities (Variation of Industry Code) Determination 2005 (No 1).
2	Commencement 
This instrument commences on the day after notification.
3	Variation of code
The Commission has determined the variations to the Consumer Protection Code detailed in the Attachment to this instrument.
4	Public access to documents
Copies of the Consumer Protection Code are available for inspection by members of the public between 9:00 am and 5:00 pm, Monday to Friday, at the Commission’s offices at Level 7, Eclipse House, 197 London Circuit, Civic ACT, and on the Commission’s website (www.icrc.act.gov.au).  Copies of these documents can be made at the Commission’s offices.  Electronic copies are available on request.  No charge will apply.

Paul Baxter
Senior Commissioner
for the Independent Competition and Regulatory Commission
28 April 2005

ATTACHMENT

Variations to Consumer Protection Code

Introduction

	In paragraph 2:

after 

non-franchise (“contestable”) customers.

	insert 

However, these utilities may agree with customers terms and conditions other than those specified in the Code.

Clause 3.1(2)	

after 2nd mention of 

Consumers.
 
	insert

Electricity Suppliers and Gas Suppliers may, however, negotiate terms and conditions with large, Non-Franchise Customers other than as prescribed in the Code and agreed with the Customer in a Negotiated Customer Contract; 

CLAUSE 13 New Clauses 13.1 and 13.2

At beginning of Clause 13
	
	insert

13.1	Utility may issue Customer Accounts

(1)	A Utility may issue a Customer Account to a Customer for the consumption of Utility Services at the Customer’s Premises.
(2)	Unless the Customer gives explicit informed consent, a Utility must base a Customer Account on a reading of the Customer’s meter, as defined in the relevant Technical Code. 
(3)	Despite clause 13.1(2), if a Utility is not able to reasonably or reliably base a Customer Account on a reading of the Customer’s meter, the Utility may provide the Customer with an account based on estimated consumption, as provided in the relevant Technical Code.
(4)	Nothing in this clause shall be taken to prevent a Utility and a Customer agreeing upon a means of calculating the Customer’s Account otherwise than as prescribed under this clause.

13.2	Financial liability of a consumer

In the absence of an existing Customer Contract in relation to supply of a Utility Service to a Consumer’s Premises, a Consumer is liable for the cost for the Utility Service supplied to, and consumed at, the Consumer’s Premises from the time the Consumer first started consuming the Utility Service at the Consumer’s Premises. This is generally taken to be the date of commencement of a tenancy, in the case of a tenant, or the date of transfer of ownership, in the case of an owner.

New Clause 25

	after clause 24, insert

(1)	In the absence of an existing Customer Contract in relation to the supply of gas or electricity to a Consumer’s Premises, if a Consumer commences taking supply of gas or electricity from a Utility at the Consumer’s Premises, the Utility, upon becoming aware that the Consumer is being supplied with gas or electricity must give written notice to the Consumer advising:

(a)	that, if the Consumer wishes to continue to be supplied with gas or electricity at the Premises, the Consumer must arrange a Customer Contract with that Utility or another Utility;
(b)	any charges that the Consumer is liable to pay and the date from which those charges are incurred; and
(c)	the circumstances in which the Utility may arrange for disconnection of supply and the date on or after which the supply of gas or electricity to the Consumer’s Premises may be disconnected.

(2)	The advice must be given as soon as practicable after the Utility becomes aware of the event.

CLAUSE 29.3(1)	

Omit everything before paragraph (a), substitute
	
	A Marketer must provide the following information to the Consumer at or immediately before the Consumer enters into a contract with the Utility:

CLAUSE 29.3(2)
	
	Omit everything before paragraph (a), substitute

	A Utility shall provide the following information, in writing, to a Consumer within two Business Days of entering into a contract with a Consumer, unless this information has been previously supplied, in writing, to the Consumer: