Australian Capital Territory
Utilities (Electricity Feed-in Code) Determination 2015 
Disallowable instrument DI2015–256
made under the  
Utilities Act 2000 s61 (Variation), s63 (Public access) and Legislation Act 2001 s46.

1	Name of instrument
This instrument is the Utilities (Electricity Feed-in Code) Determination 2015.
2	Commencement 
This instrument commences on the day after it is notified.
3	Variation of code
The Commission has determined under section 61 of the Utilities Act 2000 a variation to the Utilities (Electricity Feed-in Code) Determination 2012 (DI2012-154). The variation is outlined in schedule 4 of the attached Electricity Feed-in Code.
4	Revocation of code
The Commission revokes DI2012-154. To avoid doubt, the attached Electricity Feed-in code comes into effect upon the revocation of DI2012-154.
5	Public access to documents
Copies of the Electricity Feed-in 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 8, 221 London Circuit, 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.

Malcolm R Gray
Senior Commissioner
Independent Competition and Regulatory Commission
8 September 2015
Australian Capital Territory
 ICRC
Independent Competition and Regulatory Commission
	
	ELECTRICITY FEED-IN CODE

SEPTEMBER 2015

Contents
1.	INTRODUCTION
1.1	Industry codes
1.2	Utility / NERL retailers to comply with industry codes
1.3	Effect of inconsistency of industry codes
1.4	Electricity Feed-in Scheme
2.	PURPOSE AND APPLICATION OF THIS CODE
2.1	Purpose
2.2	Application
2.3	Other applicable laws
3.	DICTIONARY
3.1	Dictionary attached
4.	DISTRIBUTOR OBLIGATIONS
4.1	Distributor to detail arrangements to NERL retailer
4.2	Distributor to alert NERL retailer and Occupier of start dates
4.3	Dispute resolution—NERL retailer disputes
4.4	Dispute resolution—Occupier disputes
5.	NERL RETAILER OBLIGATIONS
5.1	NERL retailer to detail arrangements to Occupiers
5.2	Dispute resolution—distributor disputes
5.3	Dispute resolution—Occupier disputes
6.	OCCUPIER PROTECTIONS AND OBLIGATIONS
6.1	Applicability of Consumer Protection Code provisions
6.2	Extended definition of ‘utility service’
6.3	Electricity supply debts and hardship provisions
6.4	Requirement for Occupier application
DICTIONARY
Schedule 1: Dispute resolution procedure - Expert Resolution (non-National Electricity Rules disputes)
Schedule 2: Dispute resolution procedure - mediation (non-National Electricity Rules disputes)
Schedule 3: Applicability of Consumer Protection Code 2012 to Feed-in Scheme
Schedule 4: Code amendment history

1.	INTRODUCTION
1.1	Industry codes
The Electricity Feed-in Code is an industry code under Part 4 of the Utilities Act 2000 (the Utilities Act) that has been determined by the Independent Competition and Regulatory Commission (the Commission). 
Section 55(1) of the Utilities Act provides that ‘an industry code may set out practices, standards and other matters about the provision of a utility service’. 
Section 56(1) of the Utilities Act states that ‘for this Act, an industry code applies to a utility if it applies to the provision of utility services of a kind that the utility is licensed to provide.’ 
The circumstances under which the Commission may determine an industry code and the processes to be followed are detailed in sections 59 and 60 of the Utilities Act.
1.2	Utility / NERL retailers to comply with industry codes
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. 
Section 56A of the Utilities Act allows the Commission to determine that an industry code applies to a NERL retailer if the Commission is satisfied on reasonable grounds that it is appropriate for the code to apply to the retailer.
The Commission has determined that the Electricity Feed-in Code applies to NERL retailers authorised to supply electricity.
The Utilities Act provides, in section 75H(1)(a) that a NERL retailer commits an offence if the retailer contravenes an industry code that applies to the retailer.
1.3	Effect of inconsistency of industry codes 
Under section 56(3) of the Utilities Act, ‘an industry code has no effect to the extent of any inconsistency with this Act, a related law or a technical code’.
1.4	Electricity Feed-in Scheme
A scheme (the Electricity Feed-in Scheme) for feed-in from renewable energy generators to the electricity network is established under the Electricity Feed-in (Renewable Energy Premium) Act 2008 (the Electricity Feed-in Act). 
The Electricity Feed-in Act provides in section 6(2) for a range of actions required of Electricity distributors, including connecting a renewable generator to the distributor’s network (the distributor actions) and in section 6(3) for actions required of a NERL retailer (the supplier actions). Section 7 of the Electricity Feed-in Act provides that the distributor actions are a utility service. 
2.	PURPOSE AND APPLICATION OF THIS CODE
2.1	Purpose
The purpose of this Code is to set out practices and standards for the operation of the scheme for feed-in from renewable energy generators to the electricity network established under the Electricity Feed-in Act.  
2.2	Application
This Code applies to:
(a)	Electricity distributors
(b)	NERL retailers.
2.3	Other applicable laws 
This Code is in addition to, and does not limit, the rights and obligations of Electricity distributors and NERL retailers under the Utilities Act, the Electricity Feed-in Act and any other applicable law.   
3.	DICTIONARY
3.1	Dictionary attached
The Dictionary at the end of the Electricity Feed-in Code is part of this Code. 
4.	DISTRIBUTOR OBLIGATIONS
4.1	Distributor to detail arrangements to NERL retailer
The Electricity distributor must,
(a)	upon request, provide to a NERL retailer a statement of the terms on which it will provide the relevant distributor actions to the Occupier.  The Network Use of System Agreement, if any, will apply to the distributor actions so far as relevant.
(b)	upon application from an Occupier, which may be received via the Occupier’s chosen NERL retailer, provide the relevant distributor actions in accordance with a negotiated contract with the Occupier either directly or via the NERL retailer as agent of the Electricity distributor for that purpose.
4.2	Distributor to alert NERL retailer and Occupier of start dates
The Electricity distributor must, as part of its response to an application for distributor actions, inform the NERL retailer and the NERL retailer must inform the Occupier of the date from which the 20-year period for the payment of a premium rate as provided for in section 11 of the Electricity Feed-in Act commenced. 
4.3	Dispute resolution—NERL retailer disputes
Disputes between Electricity distributors and NERL retailers in relation to the Electricity Feed-in Scheme will be resolved in accordance with the arrangements set out in the Network Use of System Agreement in place between the parties, if any. 
If no Network Use of System Agreement exists and either party gives the other a notice of dispute under this agreement, the following procedure will apply:
(a)	if the dispute comes within clause 8.2 of the National Electricity Rules - the dispute resolution procedure in those rules will apply; or
(b)	if the dispute is over a technical matter or in relation to a matter dealt with under clause 8.11 of the National Electricity Rules - the procedure in Schedule 1 (Expert Resolution) of this Code will apply; or
(c)	otherwise - the procedure in Schedule 2 (Mediation) of this Code will apply.
If there is a dispute over whether a matter is a technical matter or not, then the matter will be referred in accordance with the procedure in Schedule 1 for the relevant independent expert to determine whether the matter should be determined in accordance with Schedule 1 (Independent Expert) or Schedule 2 (Mediation).
No party may have recourse to litigation without first having complied with this clause 4.3.
This clause does not prevent a party seeking an urgent interlocutory injunction from a court of competent jurisdiction.
All notices issued under this clause must be sent to the address of the relevant party notified in writing by the relevant party.
Notices are deemed to be received:
(d)	in the case of delivery by post, 2 business days after the date of posting;
(e)	in the case of fax, on receipt by the sender of a transmission report from the dispatching machine showing the relevant number of pages and the correct destination fax machine number and indicating that the transmission has been made without error, unless the recipient notifies the sender within 24 hours of the fax being sent that the fax was not received in its entirety in legible form; or
(f)	in the case of email, when the email is capable of being retrieved by the recipient at the address notified by the recipient to the sender 
If a notice is received on a day which is not a business day or after 5.00 pm on a business day, it is taken to be received on the next business day.
4.4	Dispute resolution—Occupier disputes
Disputes between Electricity distributors and Occupiers of premises in relation to the Electricity Feed-in Scheme will be resolved in accordance with the Utilities Act and Complaints procedures developed by the Electricity distributor.
An Electricity distributor must develop, maintain and implement procedures to deal with:
(1)	A Complaint of an Occupier, including:
(a)	a right to have the Complaint considered by a senior employee within the Electricity distributor if the Occupier is not satisfied with the manner in which the Electricity distributor is handling the Complaint; and
(b)	a Complaint by an Occupier against an Agent of the Electricity distributor; and
(2)	the resolution of a dispute between the Electricity distributor and an Occupier. 
The procedures implemented by an Electricity distributor must provide for the handling of a Complaint in accordance with the relevant Australian Standard on complaints handling. 
An Electricity distributor that receives a Complaint from an Occupier must advise the Occupier of the following matters:
(3)	in its initial response to the Occupier —the  Electricity distributor’s complaint handling practices and procedures; and
(4)	in a response giving its final decision on a Complaint —any right the Occupier may have to refer their Complaint to the ACT Civil and Administrative Tribunal (ACAT).
An Electricity distributor must keep its records of a Complaint made by an Occupier for not less than 12 months after the Complaint is resolved. 
5.	NERL RETAILER OBLIGATIONS
5.1	NERL retailer to detail arrangements to Occupiers
The NERL retailer must, by a separate negotiated contract or through amendment of an existing contract, provide a statement of the terms on which it will provide the supplier actions to an Occupier from whom an application has been received. Items (a) to (c) are the minimum requirements for inclusion:
(a)	the information that will be provided to Occupiers when a payment for renewable energy is made, including the amount and value of any energy generated from the premises
(b)	the frequency of payments
(c)	the method and circumstances of payment to Occupiers. 
A contract may provide that payments can be by way of an offset against the Occupier’s electricity account. 
5.2	Dispute resolution—distributor disputes
Disputes between NERL retailers and Electricity distributors in relation to the Electricity Feed-in Scheme will be resolved in accordance with the procedure in clause 4.3.
5.3	Dispute resolution—Occupier disputes
Disputes between NERL retailers and Occupiers of premises in relation to the Electricity Feed-in Scheme will be resolved in accordance with the Utilities Act and Complaints procedures developed by the NERL retailer.
A NERL retailer must develop, maintain and implement procedures to deal with:
(1)	A Complaint of an Occupier, including:
(a)	a right to have the Complaint considered by a senior employee within the NERL retailer if the Occupier is not satisfied with the manner in which the NERL retailer is handling the Complaint; and
(b)	a Complaint by an Occupier against an Agent of the NERL retailer; and
(2)	the resolution of a dispute between the NERL retailer and an Occupier. 
6.	OCCUPIER PROTECTIONS AND OBLIGATIONS
6.1	Applicability of Consumer Protection Code provisions 
Electricity distributors and NERL retailers must comply with the listed provisions of the Consumer Protection Code which are set out in Schedule 4 to this Code.
6.2	Extended definition of ‘utility service’
For the purpose of this Code, the definition of ‘utility service’ in the listed provisions of the Consumer Protection Code which are set out in Schedule 4 to this Code is to be read to include the distributor actions and/or supplier actions. 
6.3	Electricity supply debts and hardship provisions 
Despite clause 6.1, a NERL retailer must not set terms that would require a payment owing to an Occupier under the supplier actions to be used (without the approval of the Occupier) to recover an electricity supply debt:
(a)	which is the subject of a hardship provisions under Part 2, Division 6 of the National Energy Retail Law (ACT);  
(b)	contrary to a direction of the ACT Civil and Administrative Tribunal under Part 12 of the Utilities Act; or
(c)	contrary to an arrangement for the repayment of an electricity supply debt agreed by the Occupier and NERL retailer.
6.4	Requirement for Occupier application
The distributor actions and supplier actions cannot be provided in the absence of an application from an Occupier of premises for such services. A person taking up occupancy of premises with an installed generation capacity is required to apply to the NERL retailer to participate in the Electricity Feed-In Scheme.

DICTIONARY
(1)	‘Commission’ means the Independent Competition and Regulatory Commission.
(2)	‘Consumer Protection Code’ means the Consumer Protection Code approved as Utilities (Consumer Protection Code) Determination 2012 under Part 4 of the Utilities Act.
(3)	 ‘Distributor actions’ are the actions required by an Electricity distributor under section 6(2) of the Electricity Feed-in Act.
(4)	‘Electricity distributor’ means a person who holds a licence to distribute electricity under Part 3 of the Utilities Act.
(5)	‘Electricity Feed-in Act’ means the Electricity Feed-in (Renewable Energy Premium) Act 2008.
(6)	 ‘Electricity Feed-in Scheme’ means the scheme for the feed-in from renewable energy generators to the electricity network that is established under the Electricity Feed-in Act.
(7)	 ‘Electricity supply’ means the supply of electricity from an electricity network to premises for consumption.
(8)	‘Law’ means:
(a)	an Act
(b)	a subordinate law
(c)	any other statutory instrument of a legislative nature
(d)	the common law.
(9)	‘NERL retailer’ means a person who holds a retailer authorisation under the National Energy Retail Law (ACT).
(10)	‘Network Use of System Agreement’ is the default or negotiated contract in place between an Electricity distributor and NERL retailer in accordance with the now revoked Electricity Network Use of System Code.  
(11)	‘Occupier’ in relation to premises has the same meaning as in the Electricity Feed-in Act—‘the retail electricity customer for the premises’. It does not have the meaning of ‘Occupier’ in the Consumer Protection Code.
(12)	‘Supplier actions’ are the actions required by a NERL retailer under section 6(3) of the Electricity Feed-in Act.
(13)	‘Utilities Act’ means the Utilities Act 2000 (ACT).

Schedule 1: Dispute resolution procedure - Expert Resolution (non-National Electricity Rules disputes)

A.	First stage dispute resolution
A.1	This Schedule applies to a dispute between an Electricity distributor and a NERL retailer..
A.2	The parties will use their reasonable endeavours to resolve the dispute within a period of 20 business days after a notice is given under clause 4.3.
A.3	If the dispute remains unresolved at the end of the period referred to in clause A.2 then either party may require that the dispute be determined under clause B of this schedule.
B.	Reference to and appointment of Independent Expert
B.1	Where clause A.3 applies, either party may require that the dispute be determined by an independent expert appointed in accordance with clause B.2 of this schedule (“Independent Expert”).
B.2	The party wishing to have the dispute determined by an Independent Expert will give written notice to that effect to the other party specifying the nature of the dispute. The parties will meet and use all reasonable endeavours to agree upon the identity of the Independent Expert, but if they are unable to agree within 5 business days of the date of receipt of the notice, then either party may refer the matter to the President for the time being of the Law Society of the Australian Capital Territory (or, if that body no longer exists, then to the President for the time being of such successor body or association as is then performing the function formerly carried out by the Law Society of the Australian Capital Territory), to nominate a suitably qualified person to act as the Independent Expert to determine the dispute.
C.	Role of Independent Expert
The Independent Expert will:
a)	act as an expert and not as an arbitrator;
b)	have no interest or duty which conflicts, or which may conflict, with his or her function as the Independent Expert;
c)	not be a former or current employee or representative of either party or of a related body corporate of either of them; and
d)	disclose fully to the parties, before being appointed, any interest or duty which may conflict with his or her position.
D.	Representation and evidence
Each party:
a)	may be legally represented at any hearing before the Independent Expert;
b)	will be entitled to produce to the Independent Expert any materials or evidence which that party believes is relevant to the dispute; and
c)	will make available to the Independent Expert all materials requested by him or her and all other materials which are relevant to his or her determination.
E.	Rules of evidence
The Independent Expert will not be bound by the rules of evidence.
F.	Power of Independent Expert
The Independent Expert will have the power to inform himself or herself independently as to the facts to which the dispute relates and to take such measures as he or she thinks fit to expedite the determination of the dispute.
G.	Determination
G.1	The Independent Expert will make a determination on the dispute and:
a)	will determine what, if any, adjustments may be necessary between the parties; or
b)	if relevant, determine the amendments required to the terms of this agreement.
G.2	The determination of the Independent Expert will be, in the absence of bias or manifest error, final and binding upon the parties.
H.	Costs
The costs in relation to a determination by the Independent Expert will be dealt with as follows:
a)	the remuneration of the Independent Expert will be agreed by the parties;
b)	unless the parties otherwise agree, the Independent Expert will determine which party will bear the costs of the determination and in what proportion, having regard to the degree to which he or she considers that party was at fault or unreasonable in failing to agree to the matter under reference, and that party will bear those costs accordingly; and
c)	the parties will bear their own costs incurred in the preparation and presentation of any submissions or evidence to the Independent Expert

Schedule 2: Dispute resolution procedure - mediation (non-National Electricity Rules disputes)

1.1	This Schedule applies to a dispute between an Electricity distributor and a NERL retailer
1.2	If the dispute is not resolved within 10 business days after a notice of dispute is given under section 4.3 (“Notice Period”), the dispute is by this clause submitted to mediation. The mediation must be conducted in Canberra. The Institute of Arbitrators Australia Rules for the Mediation of Commercial Disputes (in force as at the date of the notice) apply to the mediation, except to the extent they conflict with this Schedule.
1.3	If the parties have not agreed on the mediator and the mediator’s remuneration within 7 days after the Notice Period, the mediator will be appointed by the President of the Australian Capital Territory Law Society or the President’s nominee, at the request of either party, and that person will also determine the amount or rate of the mediator’s remuneration.
1.4	The parties must share the costs of the mediator. Each party must pay its own costs of the mediation

Schedule 3: Applicability of Consumer Protection Code 2012 to Feed-in Scheme

5	Conduct of Electricity distributors and NERL retailers
(1)	An electricity distributor or NERL retailer must act ethically, fairly and honestly in all its dealings with an Occupier.
(2)	An Electricity distributor or NERL retailer must not call or contact an Occupier:
(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 Occupier 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 an Electricity distributor or NERL retailer must attempt to identify themselves to an Occupier before entering the Premises of the an Occupier unless:
(a)	the Electricity distributor or NERL retailer staff are entering the Premises to read, or check the accuracy, of a meter; or
(b)	the Electricity distributor or NERL retailer staff are responding to an emergency. 
(4)	The obligations of an Electricity distributor or NERL retailer under this Code are subject to an Occupier informing the Electricty distributors and NERL retailer, 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 an Occupier;
(c)	any change or proposed change to the Premises or the Installation of the Occupier which may affect the quality or safety of the Utility Service to the  Occupier or another Person; 
(d)	the Occupier becoming aware of a problem with a Utility Service at the Premises of the Occupier.
(5)	If an Electricity distributor or NERL retailer makes an Appointment with an Occupier, the Electricity distributor or NERL retailer 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 Occupier that the Electricity distributor or NERL retailer will be late; and
(b)	give 24 hours' notice of the cancellation of an Appointment.
(6)	An Electricity distributor or NERL retailer may, when making an agreed Appointment with an Occupier, negotiate a time frame in which the Electricity distributor or NERL retailer must keep that Appointment.
Example: An Electricity distributor or NERL retailer may agree to attend the Premises of the Occupier between 8:00am and 11:00am.
(7)	For the purposes of clauses 5(1), (2) and (3), an Electricity distributor or NERL retailer includes an Agent acting on the behalf of the Electricity distributor and NERL retailer.
6	Complaints
6.1	Complaints procedures
An Electricity distributor or NERL retailer must develop, maintain and implement procedures to deal with:
(1)	A Complaint of an Occupier, including:
(a)	a right to have the Complaint considered by a senior employee within the Electricity distributor or NERL retailer if the Occupier is not satisfied with the manner in which the Electricity distributor or NERL retailer is handling the Complaint; and
(b)	a Complaint by an Occupier against an Agent of the Electricity distributor or NERL retailer; and
(2)	the resolution of a dispute between the Electricity distributor or NERL retailer and an Occupier.
6.2	Practices and procedures to comply with Australian Standards
The procedures implemented by a an Electricity distributor or NERL retailer 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
An Electricity distributor or NERL retailer that receives a Complaint from an Occupier must advise the Occupier of the following matters:
(1)	in its initial response to the Occupier —the Electricity distributor or NERL retailer’s complaint handling practices and procedures; and
(2)	in a response giving its final decision on a Complaint —any right the Occupier may have to refer their Complaint to the ACT Civil and Administrative Tribunal (ACAT).
6.4	Utility to keep records
An Electricity distributor or NERL retailer must keep its records of a Complaint made by an Occupier for not less than 12 months after the Complaint is resolved. 
7	Provision of information
7.1	Utility to provide information
(1)	An Electricity distributor or NERL retailer must, on request, provide an Occupier with information about the services provided by the Electricity distributor or NERL retailer to the Occupier Premises;
(2)	An Electricity distributor or NERL retailer must, on request, provide an Occupier with information about:
(a)	Load Profiles and Power Factors, if applicable;
(b)	meter readings for Utility Services provided to the  Occupier’s Premises by the Electricity distributor or NERL retailer; 
(c)	the Account of an Occupier with the Electricity distributor or NERL retailer; and
(d)	efficient energy consumption;
to the extent that the information is reasonably available to the Electricity distributor or NERL retailer.
7.2	Electricity distributor or NERL retailer 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, an Electricity distributor or NERL retailer may charge an Occupier 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 Electricity distributor or NERL retailer.
7.3	Disclosure of Occupier information by an Electricity distributor or NERL retailer to a third party
An Electricity distributor or NERL retailer must not disclose personal information about an Occupier 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 Occupier
(1)	Unless alternative arrangements have been agreed between the Electricity distributor or NERL retailer and an Occupier, where this Code requires that a notice be issued to an Occupier,  an Electricity distributor or NERL retailer must ensure that the notice is in writing and:
(a)	delivered by hand to the Premises of an Occupier (unless the Occupier has specified an alternative address for service); or
(b)	sent by prepaid mail to the Premises of an Occupier (unless the Occupier has specified an alternative address for service); or
(c)	sent by facsimile to the facsimile number of the Occupier; or
(d)	sent to the Occupier 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 an Electricity distributor or NERL retailer has followed the procedures set out in clause 8.1, the Occupier 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 rights
9.1	An Electricity distributor or NERL retailer to prepare summary
(1)	An Electricity distributor or NERL retailer must prepare a statement summarising the rights of an Occupier and the Electricity distributor or NERL retailer under the Utilities Act, this Code and the relevant Customer Contract with respect to the Utility Service provided by the Electricity distributor or NERL retailer under the Customer Contract.
(2)	An Electricity distributor or NERL retailer is not required to prepare a statement under clause 9.1(1) for a Customer who has agreed with the Electricity distributor or NERL retailer to alternative arrangements or standards.
9.2	Content and format of summary
(1)	The summary must deal with:
Rights of an Occupier
(a)	the level of service standards an Occupier is entitled to receive;
(b)	Occupiers’ right to information;
(c)	Customers’ and Consumer’s right to complain about an Electricity distributor or NERL retailer’s conduct and service levels, and who complaints can be made to.
Electricity distributor or NERL retailer Rights
(d)	the right of the Electricity distributor or NERL retailer to payment for services provided to a Customer;
(e)	the right of the Electricity distributor or NERL retailer 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 Electricity distributor or NERL retailer has, including the right to enter the Premises of an Occupier.
(2)	The summary must be expressed in simple and straightforward language.
(3)	In addition, the summary must advise Occupiers of the availability of:
(a)	interpreter services; and
(b)	other versions of the summary. 

9.4	An Electricity distributor or NERL retailer to provide copy of summary 
(1)	A copy of the summary must be included in an Occupier’s initial Account unless provided previously. If the summary is changed in any significant respect a copy must be sent to each Occupier with the Account following the change. 
(2)	An Electricity distributor or NERL retailer must, on request, provide an Occupier with a copy of the summary. 
(3)	An Electricity distributor or NERL retailer must make the most recent version of the summary available on its website.
11	Obligation to comply with service standards
11.1	Compliance by utilities with minimum service standards 
An Electricity distributor or NERL retailer must comply with Service Standard 2 of the Minimum Service Standards set out in Schedule 1 of the Consumer Protection Code, except to the extent that:
(1)	alternative arrangements or standards have been agreed between the Electricity distributor or NERL retailer and an Occupier; or
(2)	events or conditions outside the control of the Electricity distributor or NERL retailer, including emergencies declared under the Emergency Act 2004 (ACT) or any other Law, prevent the Electricity distributor or NERL retailer from complying with the Minimum Service Standards in Schedule 1 of the Consumer Protection Code. 
11.2	Obligation to pay rebate for non-compliance
(1)	If:
(a)	an Electricity distributor or NERL retailer 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 of the Consumer Protection Code to an affected  Occupier; and
(c)	the affected Occupier has, within three months of the incident of non-compliance by the Electricity distributor or NERL retailer, applied to the Electricity distributor or NERL retailer for the rebate,
the Electricity distributor or NERL retailer must pay the rebate.
(2)	An Electricity distributor or NERL retailer 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)	An Electricity distributor or NERL retailer required under this Code to pay a rebate to an Occupier may pay the rebate:
(a)	by cash or cheque or as otherwise agreed by the Occupier; or
(b)	by deducting the amount of the rebate from the amount payable by the Occupier under the next Customer Account which is due after the rebate became payable; or
(c)	if the Electricity distributor or NERL retailer 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 Occupier under the next Customer Account which is due after the rebate becomes payable; or
(d)	if the Occupier has discontinued the Utility Service, the rebate may be paid directly to the Occupier or as otherwise agreed by the Occupier.
11.4	Rebates to be paid in addition to damages
If an Electricity distributor or NERL retailer becomes liable under this Code to pay a rebate to an Occupier, that liability is in addition to, and not in substitution for, any claim for damages that the Occupier may have against the Electricity distributor or NERL retailer for breach of the Customer Contract, or any right to compensation or damages an Occupier may have under Law.
11.5	Information to be provided to Occupier
(1)	An Electricity distributor or NERL retailer must inform an Occupier of:
(a)	the Minimum Service Standards in Schedule 1 of the Consumer Protection Code; and
(b)	the Occupier’s entitlement to apply for a rebate if those standards are not met; and
(c)	the process to be followed by an Occupier applying for a rebate.
(2)	An Electricity distributor or NERL retailer is not required to inform an Occupier of the matters in clause 11.5(1) if alternative arrangements or standards have been agreed between the Electricity distributor or NERL retailer and the Occupier.
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.
28	Utility to make contract available to customers
(1)	A Utility must make a copy of a Negotiated Customer Contract available to the Occupier, free of charge. 
(2)	A Utility may charge an Occupier the reasonable cost of providing any additional copies of a Negotiated Customer Contract.
31	Contract information
(1)	A Utility shall provide the following information, in writing, to an Occupier within two Business Days of entering into a contract with an Occupier, unless this information has been previously supplied, in writing, to the Occupier:
(a)	the full terms, conditions and applicable costs of the contract including the period of the contract; 
(b)	advice to the Occupier that the Occupier has the right to cancel the contract; 
(c)	a Utility contact point which the Occupier may contact for further information or to cancel the contract; and
(d)	how to make a Complaint against the Utility.
(2)	Any information provided to the Occupier under clause 31(1) must be in simple and straightforward language.

Schedule 4: Code amendment history

The Electricity Feed-in Code was first determined on 27 February 2009 under the Utilities (Electricity Feed-in Code) Determination 2009 (DI2009-23).
The Code has been varied, revoked or re-determined 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 (Electricity Feed-in Code) Determination 2010 (DI2010-268)	Effective from October 2010	Revoked the Code determined in 2009 and determined new Code 	
Utilities (Electricity Feed-in Code) Determination 2012 (DI2012-154)	Effective from  July 2012	Revoked the Code determined in 2010 and determined new Code to incorporate the commencement of the NECF in the ACT	
Utilities (Electricity Feed-in Code) Determination 2015 (DI2015-TBA)	Effective from September 2015	Made variations to the code determined in 2012 to omit reporting obligations under the Feed-in scheme. Removed clauses 4.5, 5.4 and 7 and schedule 3. Revoked DI2012-154.