Australian Capital Territory
Utilities (Consumer Protection Code) Determination 2010 (No 2)
Disallowable instrument DI2010–178
made under the  
Utilities Act 2000, s 59 (Determined codes) and s 63 (Public access)

1	Name of instrument
This instrument is the Utilities (Consumer Protection Code) Determination 2010 (No 2).
2	Commencement 
This instrument commences on 31 July 2010. 
3	Revocation of code
The Commission revokes Disallowable Instrument DI2010-108, being the Utilities (Consumer Protection Code) Determination 2010. 
4	Determination of code
The Commission determines the attached Consumer Protection Code.
5	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 2, 12 Moore Street, Canberra City, 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
Independent Competition and Regulatory Commission

      28 July 2010
 ICRC
Independent Competition and Regulatory Commission
	
	CONSUMER PROTECTION CODE
JULY 2010 

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 Customers and Consumers 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 Non-Franchise Customers. However, these Utilities may agree with Customers terms and conditions other than those specified in the Code. Part 3 applies only to Utilities in the provision of Utility Services to Franchise 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 supply services to Small Non-Franchise Customers. Part 5 deals with Marketing of electricity and gas to Franchise Customers and Small Non-Franchise Customers. Part 6 deals with Customer transfers and new supply arrangements.
The Code is enforceable under the Utilities Act. The Utilities Act provides, in section 25(2)(iii), that a Utility licence is subject to the condition that the Utility comply with each Industry Code that applies to the Utility. 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.

Contents
Introduction	i
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	3
3.4	Schedule 1: minimum service standards	3
Part 2	PROTECTION OF CUSTOMERS AND CONSUMERS	3
Part 2.1	Obligations of the utility under law	3
4	Obligations under licence	3
4.1	Obligations under licence	3
4.2	Utilities’ responsibilities for conduct of agents	3
Part 2.2	Protection of customers and consumers	4
5	Conduct of utilities	4
6	Complaints	5
6.1	Complaints procedures	5
6.2	Practices and procedures to comply with Australian Standards	5
6.3	Addressing complaints	5
6.4	Utility to keep records	6
7	Provision of information	6
7.1	Utility to provide information	6
7.2	Utility may recover costs of providing information	6
7.3	Disclosure of customer or consumer information by a utility to a third party	6
8	Notice	6
8.1	Requirements for effective notice to customer or consumer	6
8.2	Deemed delivery	7
9	Summary of consumer and utility rights	7
9.1	Utility to prepare summary	7
9.2	Content and format of summary	7
9.3	Summary to be available in different languages and formats	8
9.4	Utility to provide copy of summary	8
10	Special needs	9
10.1	Disconnection and interruption to services	9
10.2	Cessation of Special Needs	10
11	Obligation to comply with service standards	10
11.1	Compliance by utilities with minimum service standards	10
11.2	Obligation to pay rebate for non-compliance	10
11.3	Method of payment of rebate	10
11.4	Rebates to be paid in addition to damages	11
11.5	Information to be provided to customers and consumers	11
Part 2.3	Protection of customers	12
12	Charges	12
12.1	Information about charges	12
12.2	Variation of charges	12
13	Customer accounts	12
13.1	Utility may issue customer accounts	12
13.2	Financial liability of a consumer	12
13.3	Maximum intervals between the sending of customer accounts	13
13.4	Notice	13
13.5	Content of customer accounts	13
13.6	Historical billing information	14
13.7	Payment of customer accounts	15
13.8	Review of customer accounts	15
13.9	Overcharging	16
13.10	Undercharging	16
13.11	Final customer account on disconnection or on vacating premises	16
13.12	How payments to be applied	17
13.13	Territory Government-sponsored rebates	17
13.14	Customer difficulties in paying customer account	17
13.15	Instalment plan options	18
14	Interest and other charges	18
14.1	Interest charges	18
PART 3	PROTECTION OF FRANCHISE CUSTOMERS	18
Part 3.1	Matters that must be addressed in standard customer contracts	18
15	Standard customer contract provisions	18
15.1	Obligations under the Utilities Act	18
15.2	Provisions to be contained in standard customer contracts	18
15.3	Provisions to be regarded as minimums only	18
16	Connection and Supply	19
16.1	Obligation to connect and supply	19
16.2	Utility not required to connect or supply	19
16.3	Deeming of standard customer contract	19
17	Disconnection of premises from a utility network and restriction of water supply	20
17.1	Utility must not disconnect or restrict utility services	20
17.2	When a utility must disconnect premises from a utility network	20
17.3	When a utility may disconnect or restrict supply	21
17.4	Disconnection or restriction of utility services to residential premises for failure to pay a customer account	21
17.5	Restrictions on water restrictions to residential premises	22
17.6	Content and format of notices	22
18	Disconnections and restrictions in emergencies and under restriction schemes	23
19	Interruptions to supply	23
19.1	When a utility may interrupt supply of a utility service	23
19.2	Planned interruptions to the supply of utility services	24
19.3	Unplanned interruptions to the supply of a utility service	25
19.4	Load shedding	25
19.5	Liability for an interruption	25
19.6	Trade Practices Act 1974 (Cth), Part V	26
20	Security deposit	26
20.1	When a security deposit may be required	26
20.2	Maximum amount of security deposit	26
20.3	Interest on security deposits	26
20.4	Repayment of security deposits	27
20.5	Purposes for which security deposits must not be used	27
Part 3.2	Standard customer contracts	27
21	Availability of and changes to a standard customer contract	27
21.1	Utility to make contract available to customers	27
21.2	Additional copies	27
21.3	Changes to contracts	27
Part 4	PROTECTION OF SMALL NON-FRANCHISE CUSTOMERS	28
22	Negotiated customer contract provisions	28
22.1	Obligations under the Utilities Act	28
22.2	Provisions to be contained in the negotiated customer contract	28
22.3	Provisions to be regarded as minimums only	28
23	Disconnection of supply	28
23.1	Disconnection of utility services for failure to pay a customer account	28
23.2	Content and format of notices	29
24	Cooling-off period under negotiated customer contract	30
25	Rescission under negotiated customer contract	30
26	Notice where negotiated customer contract ends	31
27	Security deposit	31
27.1	Repayment of security deposits	31
27.2	Purposes for which security deposits must not be used	31
28	Utility to make contract available to customers	31
Part 5	MARKETING OF ELECTRICITY AND GAS SUPPLY SERVICES	32
29	Marketing obligations	32
29.1	Obligations of marketer	32
29.2	Obligations of utility	32
30	Contact with customers and consumers	32
30.1	Conduct	32
30.2	Duties of marketers	33
30.3	Contract information	34
Part 6	CUSTOMER TRANSFERS AND NEW SUPPLY ARRANGEMENTS	34
Part 6.1	New supply arrangements	34
31	Contract information	34
32	Informed consent	35
32A	Transfer of supplier’s supply business	35
Part 6.2	New occupants	36
33	New occupants	36
34	Dictionary	37
Schedule 1: Minimum Service Standards	43
Schedule 2: Code Amendment History	46

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), Do Not Call Register Act 2006 (Cth), Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2007 (Cth) or any other Law. 
3	Format and application of this Code
3.1	Parts and application—utilities
This Code is divided into six 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. 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. 
(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 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. 
(5)	Part 5 deals with Marketing of electricity and gas supply services to Franchise Customers and small non-Franchise Customers. 
(6)	Part 6 deals with Customer transfers and new supply arrangements.
Note:	The threshold for Small 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
For the purposes of this Code:
(1)	Consumer has the meaning given by the Utilities Act.
(2)	Customer has the meaning given by the Utilities Act.
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. 
–	A Customer may not be the only occupant of the Premises supplied under the Customer Contract. For example, in a household of four people, there may be one Customer and four Consumers one of whom is a Customer. 
(3)	For the avoidance of doubt the Code has been structured to make it clear which provisions apply to both Customers and Consumers, and which provisions apply only to Customers.  
3.3	Dictionary
Terms shown in bold typeface are defined. Definitions are specified in the Dictionary, and are part of this Code.
3.4	Schedule 1: minimum service standards
Minimum Service Standards are specified in Schedule 1, and are part of this Code. 
Part 2	PROTECTION OF CUSTOMERS AND CONSUMERS
Application
(1)	This Part applies to all Utilities, and to Franchise Customers and Non-Franchise Customers.
(2)	Utilities providing services to Large Non-Franchise Customers may agree with those Customers terms and conditions other than those specified in this Part.
Part 2.1	Obligations of the utility under law
4	Obligations under licence
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 Utilities 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 Utilities 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 customers and consumers
5	Conduct of utilities
(1)	A Utility must act ethically, fairly and honestly in all its dealings with a Customer or Consumer.
(2)	A Utility must not call or contact a Customer or 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 Customer or Consumer has given express approval.
Note:	When contact is made by way of a telephone call subject to the requirements of the Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2007 (Cth), the permissible times for contact may be different.
(3)	The staff of a Utility must attempt to identify themselves to a Customer or Consumer before entering the Premises of the Customer or 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 Customer or 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 Customer or Consumer;
(c)	any change or proposed change to the Premises or the Installation of the Customer or Consumer which may affect the quality or safety of the Utility Service to the Customer or Consumer or another Person; 
(d)	the Customer or Consumer becoming aware of a problem with a Utility Service at the Premises of the Customer or Consumer (for example, burst or leaking pipes).
(5)	If a Utility makes an Appointment with a Customer or Consumer, the Utility must:
(a)	not be more than 30 minutes late for the agreed Appointment unless at least one hour’s notice has been given to the Customer or Consumer that the Utility will be late; and
(b)	give 24 hours notice of the cancellation of an Appointment.
(6)	A Utility may, when making an agreed Appointment with a Customer or Consumer, negotiate a time frame in which the Utility must keep that Appointment.
Example: 	A Utility may agree to attend the Premises of the Customer or Consumer between 8:00am and 11:00am.
(7)	For the purposes of clauses 5(1), (2) and (3), a Utility includes an Agent acting on the behalf of the Utility.
6	Complaints
6.1	Complaints procedures
A Utility must develop, maintain and implement procedures to deal with:
(1)	A Complaint of a Customer or Consumer, including:
(a)	a right to have the Complaint considered by a senior employee within the Utility if the Customer or Consumer is not satisfied with the manner in which the Utility is handling the Complaint; and
(b)	a Complaint by a Customer or Consumer against an Agent of the Utility; and
(2)	the resolution of a dispute between the Utility and a Customer or 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 complaints
A Utility that receives a Complaint from a Customer or Consumer must advise the Customer or Consumer of the following matters:
(1)	in its initial response to the Customer or Consumer—the Utility’s complaint handling practices and procedures; and
(2)	in a response giving its final decision on a Complaint —any right the Customer or Consumer may have to refer their Complaint to the ACT Civil and Administrative Tribunal (ACAT).
6.4	Utility to keep records
A Utility must keep its records of a Complaint made by a Customer or Consumer for not less than 12 months after the Complaint is resolved. 
7	Provision of information
7.1	Utility to provide information
(1)	A Utility must, on request, provide a Customer or Consumer with information about the services provided by the Utility to the Customer or 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 Customer or 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 customer or consumer information by a utility to a third party
A Utility must not disclose personal information about a Customer or 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 customer or consumer
(1)	Unless alternative arrangements have been agreed between the Utility and a Customer or Consumer, where this Code requires that a notice be issued to a Customer or Consumer, a Utility must ensure that the notice is in writing and:
(a)	delivered by hand to the Premises of a Customer or Consumer (unless the Customer or Consumer has specified an alternative address for service); or
(b)	sent by prepaid mail to the Premises of a Customer or Consumer (unless the Customer or Consumer has specified an alternative address for service); or
(c)	sent by facsimile to the facsimile number of the Customer or Consumer; or
(d)	sent to the Customer or Consumer by some other electronic means capable of generating a delivery confirmation report
except where this Code specifies another method of notification.
8.2	Deemed delivery
Unless it can be shown that a notice was received at an earlier time, and subject to section 250 of the Legislation Act 2001 (ACT), if a Utility has followed the procedures set out in clause 8.1, the Customer or 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, when the notice would have been delivered in the ordinary course of post; or 
(3)	if sent by facsimile or electronic mail, when it was sent.
Note:	Section 250 of the Legislation 2001 Act (ACT) describes when service will be taken to be effected, with reference to delivery by particular means.
9	Summary of consumer and utility rights
9.1	Utility to prepare summary
(1)	A Utility must prepare a statement summarising the rights of Customers, Consumers and the Utility under the Utilities Act, this Code and the relevant Customer Contract with respect to the Utility Service provided by the Utility under the Customer Contract.
(2)	A Utility is not required to prepare a statement under clause 9.1(1) for a Customer who has agreed with the Utility to alternative arrangements or standards.
9.2	Content and format of summary
(1)	The summary must deal with:
Rights of Customers and Consumers
(a)	the level of service standards Customers and Consumers are entitled to receive;
(b)	Customers’ and Consumers’ right to information;
(c)	Customers’ and 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 the Utility to payment for services provided to a Customer;
(e)	the right of the 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 Customer or Consumer.
(2)	The summary must be expressed in simple and straightforward language.
(3)	In addition, the summary must advise Customers and Consumers 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 the summary of the rights of the Customer or Consumer and of the Utility under the Utilities 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 Customer or 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	Disconnection and interruption to services
(1)	If a Customer or Consumer provides evidence from a registered medical practitioner or a hospital that a Person residing at the Customer or 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 Customer or 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 Customer or 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 Customer or 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 Customer or 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 Customer or Consumer, upon request, to prepare a contingency plan in case of an Unplanned Interruption in the supply of the Utility Service to the Customer or Consumer; and
(b)	provide an emergency telephone contact number.
Note:	There is a deliberate distinction made in clause 10.1 between disconnection and disruption of services to allow a Utility to safely carry out work on the Utility’s Network and for emergency situations beyond the Utility’s control.
10.2	Cessation of Special Needs
A Utility may include as a condition of the Customer Contract that a Customer or 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 service standards
11.1	Compliance by utilities with minimum service standards 
A Utility must comply with all applicable Minimum Service Standards set out in Schedule 1 of this Code, except to the extent that:
(1)	alternative arrangements or standards have been agreed between the Utility and a Customer; or
(2)	events or conditions outside the control of the Utility, including emergencies declared under the Emergency Act 2004 (ACT) or any other Law, prevent the Utility from complying with the Minimum Service Standards in Schedule 1 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)	there is a resultant liability to pay a rebate prescribed in Schedule 1 to an affected Customer or Consumer; and
(c)	the affected Customer or Consumer has, within three months of the incident of non-compliance by the Utility, applied to the Utility for the rebate
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.
Example:	A family of 2 adults and 3 children have had gas supply to their home interrupted and have not been given the required notice of interruption. The family would be eligible for 1 rebate, not 5 rebates.
11.3	Method of payment of rebate
Payment of rebates to Customers
(1)	A Utility required under this Code to pay a rebate to a Customer may pay the rebate:
(a)	by cash or cheque or as otherwise agreed by the Customer; or
(b)	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
(c)	if the Utility is an Electricity Distributor, the rebate may be paid by the Utility to Customer’s Electricity Supplier, to be deducted from the amount payable by the Customer under the next Customer Account which is due after the rebate becomes payable; or
(d)	if the Customer has discontinued the Utility Service, the rebate may be paid directly to the Customer or as otherwise agreed by the Customer.
Payment of rebates to Consumers
(2)	A Utility required under this Code to pay a rebate to a Consumer who is not a Customer may pay the rebate 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 rebate to a Customer or Consumer, 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, or any right to compensation or damages a Customer or Consumer may have under Law.
11.5	Information to be provided to customers and consumers
(1)	A Utility must inform a Customer of:
(a)	the Minimum Service Standards in Schedule 1 of this Code; and
(b)	the Customer’s entitlement to apply for a rebate if those standards are not met; and
(c)	the process to be followed by a Customer applying for a rebate.
(2)	The information in clause 11.5(1) must be provided:
(a)	for Franchise Customers, by including this information in the Summary prepared under Clause 9 of this Code; or
(b)	for all other Customers, by including this information in the Utility’s contract with the Customer.
(3)	A Utility is not required to inform a Customer of the matters in clause 11.5(1) if alternative arrangements or standards have been agreed between the Utility and the Customer.
(4)	A Utility must, on request, provide a Consumer with the information listed in 11.5(1) in relation to the minimum standard for services provided by the Utility to the Premises occupied by the Consumer.
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	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.
13.3	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.
13.4	Notice
A Customer Account when sent by a Utility, is a notice for the purpose of clause 8. 
13.5	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 Distribution 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 13.7 (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 claim a rebate from the Utility if the Minimum Service Standards in Schedule 1 of this Code are not met;
(iv)	how to make a hardship complaint to the ACAT; or
Note:	Complaints (including ‘hardship complaints’) to the ACAT as provided in s 172 of the Utilities Act are not covered by the definition of ‘Complaint’ in the Dictionary to this Code.
(v)	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 13.5(1)(u)(iv) and (v) in the Accounts of Large Non-Franchise Customers.
13.6	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. 
13.7	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.
13.8	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.
13.9	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.
13.10	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 13.10(1), a Utility may not recover the undercharge if it occurred more than 12 months previously.
(5)	Clause 13.10(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.
13.11	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 at least 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 13.11(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.
13.12	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.
13.13	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.
13.14	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 13.15, an advance payment plan or instalment payment plan option;
(b)	information about and referral to, any hardship program offered by the Utility;
(c)	information about, and referral to, any Territory Government assistance program; and
(d)	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 13.14(1).
13.15	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
Application
This Part applies only to Utilities licensed to provide Utility Services to Franchise Customers. 
Part 3.1	Matters that must be addressed in standard customer contracts
15	Standard customer contract provisions
15.1	Obligations under the Utilities Act
Under the Utilities 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)	does not 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 Premises supplied under a Customer Contract:
(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 Premises supplied under a Customer Contract 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 ACAT  following the non-payment of an Account and the ACAT 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 supplied under a Customer Contract 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 Act 2004 (ACT)).
17.3	When a utility may disconnect or restrict supply 
Subject to the Utilities Act and clauses 10.1, 17.2 and 17.4, a Utility may disconnect or restrict the supply of a Utility Service to Premises supplied under a Customer Contract if the Utility:
(1)	is entitled to do so under the Customer Contract;  
(2)	reasonably believes that the Customer or the occupier of the Premises 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 ACAT; 
(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 Residential Premises, 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 ACAT that the ACAT 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 supplied under the Customer Contract until the matter has been determined by the ACAT.
(5)	If a Utility has taken action to disconnect or restrict a Utility Service to Residential Premises under clause 17.4(1) and it is advised by the ACAT that the ACAT 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 ACAT.
(6)	If a Utility has taken action to disconnect or restrict a Utility Service to Residential 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 ACAT 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 ACAT in a format approved by the ACAT;
(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 ACAT 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 17, 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 Premises supplied under a Customer Contract:
(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 AEMO, 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 or to the Premises of 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:
(a)	does not exceed the expected duration set out in a notice given under clause 19.2(1); and
(b)	in any event, does not exceed 12 hours.
(3)	For the purposes of the Minimum Service Standards in the Schedule to this Code, notice to a Customer or Consumer of a Planned Interruption may, where notice to individual Premises under clause 19.2(1) is not reasonable or practicable in all the circumstances, be in one or more of the following forms:
(a)	broadcast twice on a television or radio station broadcasting to the area in which supply is to be interrupted; or
(b)	published in a newspaper circulating generally in the area in which the supply is to be interrupted; or
(c)	where all Premises at a single site will be affected by the interruption, delivered in writing to the body corporate, building manager or equivalent.
Example:	Where a Planned Interruption will affect all tenants in a complex of 100 units, or all stores within a shopping centre, a notice given to the body corporate or centre manager will satisfy the requirements of this Code.
(4)	A Customer or Consumer may waive the right to all or part of the minimum period of notice under clause 19.2(1).
(5)	Clauses 19.2(1), (3) and  (4) do 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, and in any event within 12 hours.
19.4	Load shedding
A Utility must, to the extent that it is reasonably possible and practicable, provide prior notice to each Premises 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 a security deposit may 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 ACAT 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 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 ACAT 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 SMALL NON-FRANCHISE CUSTOMERS
Application
This Part only applies to Small Non-Franchise Customers.
22	Negotiated customer contract provisions
22.1	Obligations under the Utilities Act
Under the Utilities 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 ACAT; 
(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 ACAT that the ACAT 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 ACAT.
(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 ACAT that the ACAT 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 ACAT.
(6)	The ACAT 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 ACAT in a format approved by the ACAT;
(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 ACAT may require from time to time, by notice, in writing. 
24	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 less than 10 Business Days after, the later of when the contract is made and when the Customer is provided with the full terms, conditions and applicable costs of the contract under clause 31(1)(a); 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 Customer 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.
25	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 30 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.
26	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 26(2). 
(2)	The notice must also advise the Customer:
(a)	about the Customer’s options, including negotiating 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.
27	Security deposit
27.1	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. 
27.2	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. 
28	Utility to make contract available to customers
(1)	A Utility must make a copy of a Negotiated Customer Contract available to the Customer, free of charge. 
(2)	A Utility may charge a Customer the reasonable cost of providing any additional copies of a Negotiated Customer Contract.
Part 5	MARKETING OF ELECTRICITY AND GAS SUPPLY SERVICES
Application
This Part only applies to Franchise Customers and Small Non-Franchise Customers.
29	Marketing obligations
29.1	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 Customers and Consumers experiencing financial hardship;
(3)	understand and be able to explain all offers made to Customers and Consumers; and
(4)	understand what is misleading, deceptive or unconscionable conduct.
29.2	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 30.1; 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 Customer or Consumer to the Utility or where the Marketer arranges or facilitates a supply arrangement on behalf  of that Utility.
30	Contact with customers and consumers
30.1	Conduct
(1)	A Marketer shall:
(a)	not harass or coerce a Customer or 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 Customer or 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 Customer or Consumer has given express approval. 
(3)	A Marketer must ensure that a Customer or Consumer is able to contact the Marketer or the Utility on whose behalf the Marketer is acting during normal business hours.
30.2	Duties of marketers
(1)	To the extent not otherwise required by the Door-to-Door Trading Act 1991 (ACT), a Marketer that contacts a Customer or 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 Customer or Consumer; and
(e)	ask the Customer or Consumer if the Customer or Consumer wishes to proceed further in the Marketing process.
(2)	If a Customer or Consumer indicates, at any time during a conversation with a Marketer, that the Customer or Consumer does not wish to proceed, the Marketer must cease Marketing promptly and must not contact that Customer or Consumer for the purposes of Marketing for not less than 28 days, unless requested by the Customer or Consumer.
(3)	The requirements of clauses 30.2 (1) and (2) apply to Marketing in any form and by any technology by Marketers, including contact by telephone, at a Customer or Consumer’s Premises, outside a Customer or Consumer’s Premises, and by internet or e-mail.
(4)	Where a Marketer makes personal contact with a Customer or Consumer either at the Customer or Consumer’s Premises or outside the Customer or 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.
30.3	Contract information
(1)	A Marketer must provide the following information 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;
Note:	Charges must be inclusive of all costs, including GST.
(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, unless the contract is formed electronically;
(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.
Part 6	CUSTOMER TRANSFERS AND NEW SUPPLY ARRANGEMENTS
Part 6.1	New supply arrangements
31	Contract information
(1)	A Utility shall provide the following information, in writing, to a Customer within two Business Days of entering into a contract with a Customer, unless this information has been previously supplied, in writing, to the Customer:
(a)	the full terms, conditions and applicable costs of the contract including the period of the contract; 
(b)	advice to the Customer that the Customer has the right to cancel the contract; 
(c)	a Utility contact point which the Customer 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 Customer may be eligible for; and
(e)	how to make a Complaint against the Utility.
(2)	Any information provided to a Customer under clause 31(1) must be in simple and straightforward language.
32	Informed consent
(1)	A Utility must not transfer the supply of electricity or gas supply of a Customer unless the Utility has the informed consent of the Customer.
(2)	For the avoidance of doubt clause 32(1) also applies where a Customer is transferring the terms of supply from a Utility’s Standard Customer Contract to a Negotiated Customer Contract with the same Utility.
(3)	For the purposes of this part, a Customer is taken to have given informed consent if the Customer:
(a)	has been fully and accurately informed of what the Customer is consenting to; and
(b)	understands what the Customer is consenting to; and
(c)	gives consent:
(i)	in writing; or
(ii)	in a form that would meet the requirements of the Electronic Transactions Act 2001 (ACT).
32A	Transfer of supplier’s supply business
(1)	Clause 32(1) does not apply to the transfer of a Customer’s supply that forms part of the transfer to the same third party of all or substantially 
all of the supplier’s electricity or gas supply business. 
(2)	In the event of the transfer to another supplier (the new supplier), of a Customer’s supply, which occurs in the circumstances described in subclause 32A(1) above, the new supplier must ensure that, within three months of the new supply arrangements taking effect, all affected Customers are sent a written notice that:
(a)	notifies the Customer of the new supply arrangements;
(b)	confirms to the Customer that, unless they choose not to continue the new supply arrangements with the new supplier and notify the new supplier with one month of receiving notice, the Customer’s terms and conditions of supply will remain the same under the new supply arrangements as they were before the new supply arrangements took effect; and
(c)	notifies the Customer that should the Customer choose not to continue the new supply arrangements with the new supplier and notify the new supplier within one month of receiving notice then no penalties, fees or charges will be payable by the Customer in connection with the Customer’s discontinuation of the new supply arrangements. 
(3)	The notice referred to in subclause (2) may form part of a customer account.
Part 6.2	New occupants
33	New occupants
(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;
(a)	any Charges that the Consumer is liable to pay and the date from which those Charges are incurred; and
(b)	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.

34	Dictionary
In this Code, unless the contrary intention appears:
(1)	‘ACAT’ means the ACT Civil and Administrative Tribunal established under the ACT Civil and Administrative Tribunal Act 2008 (ACT).
(2)	‘Account’ – see “Customer Account”.
(3)	‘Acknowledge’, in relation to a Complaint, includes direct or telephone contact or written communication in which the Utility acknowledges the receipt of the Complaint and indicates the process to be followed in dealing with the Complaint.
(4)	‘AEMO’ means the Australian Energy Market Operator Limited. 
(5)	‘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.
(6)	‘Appointment’ means an express agreement between a Utility and a Customer or Consumer that both the Utility and the Customer or Consumer will attend the Premises of the Customer or Consumer at a particular time or within a particular time-frame, but does not include attendance by a Utility at Premises where the presence of the Customer or Consumer is not required, and has not been expressly arranged.
(7)	‘Business Day’ means a day, other than a Saturday or Sunday, or a declared Public Holiday in the Territory.
(8)	‘Centrelink’ means the agency known as Centrelink established under the Commonwealth Services Delivery Agency Act 1997 (Cth).
(9)	‘Charges’ includes prices, tariffs and fees. 
(10)	‘Checksum’ means the single numeral associated with a National Metering Identifier used to assist with data validation when the National Metering Identifier is passed manually between parties in the National Electricity Market.
(11)	‘Chief Executive’ means the Chief Executive responsible for Technical Codes under Part 5 of the Utilities Act.
(12)	‘Complaint’ includes any expression of dissatisfaction by a Customer or Consumer, whether in writing (for example by letter, facsimile or email), by telephone or in person, with an action, a proposed action, or failure to act on the part of a Utility, or in respect of a product or service offered or provided by, a Utility, to which a response is explicitly or implicitly expected, but does not include queries, notifications or requests for advice. 
Note:	This definition does not apply to complaints made to the ACAT under Parts 11 and 12 of the Utilities Act.
(13)	‘Consumer’- see clause 3.2(1).
(14)	‘Customer’ – see clause 3.2(2). 
(15)	‘Customer Account’ means an Account sent by a Utility to a Customer in accordance with the requirements of this Code.
(16)	‘Customer Contract’ means a Standard Customer Contract or a Negotiated Customer Contract.
(17)	‘Declared Emergency’ has the same meaning as in the Emergency Act 2004 (ACT).
(18)	‘Default Rate” means the Supreme Court after-judgement rate of interest that is fixed from time to time in Schedule 2 of the Court Procedure Rules 2006.
(19)	‘Distribution Point’ means a point on a gas Network at which gas is withdrawn for delivery to a Customer or Customers.
(20)	‘Distribution Point Identifier’ means the numeric or alpha numerical name of a Distribution Point.
(21)	‘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.
(22)	‘Electricity Distributor’ means a Person who holds a licence to distribute electricity under Part 3 of the Utilities Act.
(23)	‘Electricity Supplier’ means a Person who holds a licence to supply electricity under Part 3 of the Utilities Act.
(24)	‘Emergency Plan’ means an Emergency Plan required to be developed under the Emergency Planning Code.
(25)	‘Emergency Planning Code’ means the Emergency Planning Code approved as a Technical Code by the Minister responsible for administering Part 5 of the Utilities Act.
(26)	‘Franchise Customer’ has the meaning given by the Utilities Act.
(27)	‘Gas Distributor’ means a Person who holds a licence to distribute gas under Part 3 of the Utilities Act.
(28)	“Gas Supplier’ means a Person who holds a licence to supply gas under Part 3 of the Utilities Act.
(29)	‘ICRC’ means the Independent Competition and Regulatory Commission established under section 5 of the Independent Competition and Regulatory Commission Act 1997 (ACT).
(30)	‘Industry Code’ means a code approved or determined by ICRC under Part 4 of the Utilities Act.
(31)	‘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.
(32)	‘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. 
(33)	‘Law’ means:
(a)	an Act; or
(b)	a subordinate law; or
(c)	any other statutory instrument of a legislative nature; or
(d)	the common law.
(34)	‘Load Profile’ means the daily and seasonal pattern of electricity usage.
(35)	‘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.
(36)	‘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.
(37)	‘MSATS’ means the Market Settlement and Transfer Solution, a system operated by the AEMO.
(38)	‘National Metering Identifier’ means a unique identification for each (electricity) connection point.
(39)	‘Negotiated Customer Contract’ means a contract that is a Negotiated Customer Contract for the purposes of Part 6 of the Utilities Act.
(40)	‘Network’ means the infrastructure used for the provision of a Utility Service by a Utility to the Premises of a Customer or a Consumer;
(41)	‘Non-Franchise Customer’ has the meaning given by the Utilities Act.
Note:	In DI 2003-20, the Minister declared a Non-Franchise Electricity Customer to be:
(a)	A Person who owns or occupies Premises at which the consumption of electricity exceeds 100 megawatt hours in a consumption period.
A Person who –
(i)	owns or occupies Premises at which the consumption of electricity does not exceed 100 megawatt hours in a consumption period; and
(ii)	enters into a negotiated contract for the supply of electricity with the same or another electricity supplier on or after 1 July 2003.
(For the purposes of this declaration, a consumption period is any period of 12 consecutive months.)
In DI 2001-94, the Minister declared a Non-Franchise Gas Customer to be a Person who has given notice to the local gas supplier under that instrument that they will become a Non-Franchise Customer on the day nominated in the notice.
(42)	‘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).
(43)	‘Person’ includes a natural Person, a firm, an unincorporated association or a body corporate.
(44)	‘Planned interruption’ means an interruption that occurs where planned work undertaken by a Utility results in a total loss of supply of a Utility Service to Premises supplied under a Customer Contract.
Example:
•	For sewerage services, an interruption would occur where a Customer was temporarily unable to discharge sewerage into the sewerage Network.
•	For water, electricity and gas supply services, an interruption would occur where the supply of water, electricity or gas to a Customer’s Premises was temporarily stopped, so that the Customer could not access those services for the period of the interruption.
(45)	‘Power Factor’ means the ratio of the rate that electrical energy flows to the apparent power at a metering point.
(46)	‘Premises’ includes land and place. For the purposes of this Code, each Premises that is supplied under a Customer Contract with a Utility, and which:
(a)	for electricity services, has its own National Metering Identifier; or 
(b)	for gas services, has its own Distribution Point Identifier; or 
(c)	for water and sewerage services, has its own Utility water meter at the point of connection; or
(d)	in the absence of any of the above, is registered under the Land Titles Act 1925 or the Land Titles (Unit Titles) Act 1970
is a separate Premises for the supply of that service.
(47)	‘Residential Premises’ means Premises to which a Utility provides a Utility Service for domestic use.
(48)	‘Response’ to a Complaint or notification of a problem or concern with a Utility’s Network includes direct or telephone contact or written Response in which the Utility addresses the issue(s) raised and either:
(a)	resolves the issue(s); or 
(b)	confirms the cause of the issue(s) if known; and 
(c)	advises what corrective action is being taken to rectify the issues, and indicates the likely time by which the issue will be resolved.
(49)	‘Service and Installation Rules’ means the Service and Installation Rules adopted by a Utility in accordance with the relevant Service and Installation Rules Code.
(50)	‘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 as a Technical Code by the Minister responsible for administering Part 5 of the Utilities Act. 
(51)	 ‘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.
(52)	‘Standard Customer Contract’ means a contract that is a Standard Customer Contract for the purposes of Part 6 of the Utilities Act.
(53)	‘System Operator’ means the Person responsible for operating and administering the National Electricity Market.
(54)	‘Technical Code’ means a code approved or determined by the Minister responsible for administering Part 5 of the Utilities Act .
(55)	‘Territory’ means the Australian Capital Territory.
(56)	‘Unplanned Interruption’ means a total loss of supply of a Utility Service to Premises supplied under a Customer Contract that:
(a)	is not deliberately initiated by the Utility; or
(b)	is necessary due to urgent circumstances in which it is necessary to protect – 
(i)	the integrity of a Network or Network facility; or
(ii)	the health or safety of people; or
(iii)	public or private property; or
(iv)	the environment.
(57)	‘Utilities Act’ means the Utilities Act 2000 (ACT).
(58)	‘Utility’ means a Person licensed to provide a Utility Service under Part 3 of the Utilities Act.
(59)	‘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.
(60)	‘Water and Sewerage Utility’ means a Person who holds a licence to provide water supply and sewerage services under Part 3 of the Utilities Act.
Schedule 1: Minimum Service Standards
Subject of the standard	Service standard required
(Subject to clause 11)	Rebate payable for failure to meet 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.	For each day after the date the Utility Service(s) should have been provided until those services are provided, the Customer may apply for a rebate of $60 to a maximum of $300. 
(If the Utility Service(s) are not provided within 5 days of the request, the Customer may restate their request to the Utility. For the purposes of this standard, a restated request will constitute a new request.)	
2. Responding to Complaints
(For the purposes of this standard, a Complaint does not include a water quality Complaint under clause 6 of the Water and Sewerage Service Standards Code.)	A Utility, upon receiving a Complaint from a Customer or Consumer, must: 
(a)	acknowledge the Complaint immediately or as soon as practicable; and
(b)	respond to the Complaint within 20 Business Days.	If a Utility fails to meet the requirements of Standard 3(a) or 3(b), the Complainant may apply for a rebate of $20.

3. Response time to notification of problem or concern	A Utility notified of a problem or concern with the Utility’s Network must: 
(a)	if the notification relates to damage to, or a fault or problem with, 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 in any event within six hours; or
(b)	in all other cases, respond within 48 hours; and
(c)	resolve the problem or concern within the time specified in the response.	If notification is from a Customer or a Consumer, and relates to a problem or concern that affects the Premises of the Customer or Consumer, that Customer or Consumer may apply for a rebate of: 
	$60 for each day after the day on which the response should have been provided, until that response is provided, to a maximum of $300. 
(If a response is not provided within 5 Business Days of the request, the Customer may restate their notification to the Utility. For the purposes of this standard, a restated notification will constitute a new notification.)
	$60 for each problem or concern that is not resolved within the time specified in the response.	
4. Planned Interruptions to Utility services
(applies only to Gas and Electricity Distributors and Water and Sewerage Utilities)	1)	A Utility must give at least two Business Days notice of a Planned Interruption to a Utility Service to each Premises that will be affected by the interruption. 
2)	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.
3)	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:
(a)	does not exceed the expected duration set out in a notice given under clause 19.2(1); and
(b)	in any event, does not exceed 12 hours.	For each affected Premises supplied under a Customer Contract, the Customer or Consumer may apply for a rebate of:
$50 if the required notice of the interruption is not given.
$50 if supply is not restored within the time specified in the notice, which must not exceed 12 hours.	
5. Unplanned Interruptions to Utility services
(applies only to Gas and Electricity Distributors and Water and Sewerage Utilities)	When an Unplanned Interruption occurs, 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 and, in any event, within 12 hours.	For each affected Premises supplied under a Customer Contract, the Customer or Consumer may apply for a rebate of $20 if supply is not restored within 12 hours.	

Schedule 2: Code Amendment History
The Consumer Protection Code was first determined on 21 December 2000, under the Utilities (Industry Codes) Determination 2000 (DI2000-368). The Code has been varied or revoked and redetermined by the following instruments. These are available on the ACT Legislation Register (www.legislation.act.gov.au/a/2000-65/default.asp). 
Instrument name and number	Date of effect	Comment	
Utilities (Approval of Variation of Industry Code) 2002 (No 1)
DI2002-204		Amended the Code determined in 2000	
Utilities (Consumer Protection Code) 2003 (No 1)
DI2003-147	Effective from 24 June 2003 to 31 December 2006	Revoked the Code determined in 2000 and determined new Code 	
Utilities (Variation of Industry Code) Approval 2004 (No 1)
DI2004-203		Amended the Code that was determined in 2003	
Utilities (Variation of Industry Code) Determination 2005 (No 1)
DI2005-65		Amended the Code that was determined in 2003	
Utilities (Variation of Industry Code) Determination 2005 (No 2)
DI2005-132		Amended the Code that was determined in 2003	
Utilities (Consumer Protection Code) (Industry Code) Determination 2006 (No 1)
DI2006-267	Effective from 1 January 2007 to 30 June 2009	Revoked the Code determined in 2003 as varied and determined new Code	
Utilities (Consumer Protection Code) Determination 2009 
DI2009-75	Effective from 1 July 2009 	Revoked the Code determined in 2006 and determined new Code	
Utilities (Consumer Protection Code) Determination 2010
DI2010-108	Effective from 1 July 2010	Revoked the Code determined in 2009 and determined new Code	
Utilities (Consumer Protection Code) Determination 2010 (No 2)
DI2010-178	Effective from 31 July 2010	Revoked the Code determined on 23 June 2010 and determined new Code