Australian Capital Territory
Utilities (Electricity Retail) Licence Conditions Direction 2009*
Disallowable instrument DI2009—21
made under 
Utilities Act 2000 – section 19 (Ministerial directions)

1	Name
This instrument is the Utilities (Electricity Retail) Licence Conditions Direction 2009.
2		Commencement
This instrument commences the day after it is notified.
3		Direction
The Independent Competition and Regulatory Commission (ICRC) is directed to give effect, through suitable licence conditions variations, to the ACT GreenPower Scheme outlined in Schedule 1, and
The ACT GreenPower Scheme outlined in Schedule 1 is to come into effect on or before 1 April 2009.  
4		Revocation 
The Utility (Electricity Retail) Licence Conditions Direction 2008 (No. 1) DI2008-10 is revoked.

Simon Corbell
Minister for Environment, Climate Change and Water
25 February 2009

Schedule 1 – ACT GreenPower Scheme
(section 3)

1	Requirements 
a.	All suppliers are required to:
i)	offer a GreenPower product to each potential new or re-connecting customer of the supplier; 
ii)	at the same time as the GreenPower offer, make each potential new and reconnecting customer of the supplier aware that other products are available to them; 
iii)	disclose all tariffs and charges associated with the GreenPower offer and all other products offered to each potential new and reconnecting customer of the supplier; 
iv)	offer and make a GreenPower product available to all existing customers of the supplier at the existing customer’s request; and
v)	if a person is being supplied a GreenPower product under a standard customer contract, permit the customer to revoke the supply agreement for the GreenPower product with the supplier without incurring any penalty or termination fee. 

b.	All potential new or re-connecting customers have the right to:
i)	be offered a GreenPower product by a prospective supplier;
ii)	at the same time of the GreenPower offer, be made aware that other products are available to them by the prospective supplier;
iii)	be made aware of all tariffs and charges associated with the GreenPower product and all other products offered to them by a prospective supplier; 
iv)	accept the offer of a GreenPower product if they choose; 
v)	seek other products from the prospective supplier; and
vi)	if they have accepted the offer of a GreenPower product, and are being supplied electricity under a standard customer contract, revoke the supply agreement for the GreenPower product with the supplier without incurring any penalty or termination fee. 

c.	All existing customers of a supplier have the right to:
i)	be offered a GreenPower product by the supplier at the existing customer’s request;
ii)	be made aware of all tariffs and charges associated with the GreenPower product and all other products offered to them by the supplier; 
iii)	accept the offer of a GreenPower product if they choose; 
iv)	seek other products from the supplier;
v)	if they have accepted the offer of a GreenPower product and are being supplied electricity under a standard customer contract, revoke the supply agreement for the GreenPower product with the supplier without incurring any penalty or termination fee 
2	Dictionary
“Act” means the Utilities Act 2000 (ACT).

“customer” has the same meaning as in the Act.

“customer contract” has the same meaning as in the Act.

“existing customer” of a supplier means a customer that is being supplied electricity under a customer contract by the supplier.

“GreenPower offer” means an offer by a supplier in accordance with requirement 1a.i) or iv) above.

“GreenPower product” means a product accredited under the rules and guidelines of the National GreenPower Accreditation Program (as amended from time to time) as having 10 per cent or more accredited GreenPower. The GreenPower Program is a joint initiative of the Australian Capital Territory, New South Wales, South Australian, Queensland, Victorian and Western Australian Governments.

“negotiated customer contract” has the same meaning as in the Act.

“new or re-connecting customer” of a supplier means a person who has applied, orally or in writing, to a supplier for electricity to be provided under a customer contract, including a person who has previously been provided an electricity service under a customer contract but does not include:
i)	a customer who has had their electricity supply disconnected and re-connected under the same customer contract, on the same terms and conditions; 
ii)	a customer on a deemed contract under sub-paragraph 92(1)(b)(ii) of the Act; or
iii)	a customer who changes from a standard customer contract to a negotiated customer contract or visa versa.

“other products” means all electricity products offered by the supplier including alternative GreenPower products and / or packages with varying components or percentages of a GreenPower product. 

“potential new or re-connecting customer” of a supplier means a person to whom the supplier offers to supply electricity and who would, if the offer is accepted, be a new or re-connecting customer.

“standard customer contract” has the same meaning as in the Act.

“supplier” means of a supplier of electricity, licensed under the Act and operating in the Australian Capital Territory.