Australian Capital Territory

Utilities (Variation of Terms – ACTEW Corporation Standard Customer Contract) Approval Notice 2008*

Notifiable Instrument NI2008- 553

made under the

Utilities Act 2000, s 91 (Notification and application of terms etc) and 
s 93 (Variation of terms)

1	Name of instrument
This instrument is the Utilities (Variation of Terms – ACTEW Corporation Standard Customer Contract) Approval 2008.
2	Commencement 
This instrument commences on the day after it is notified. 
3	Approval of variation of Standard Customer Contract for water and sewerage services
The Independent Competition and Regulatory Commission approves the ACTEW Corporation Water and Sewerage Services Connection and Supply Standard Customer Contract (2008) at Schedule 1 to this instrument.
The explanatory notes at Schedule 2 to this instrument set out the manner in which the terms of the ACTEW Corporation Water and Sewerage Services Connection and Supply Standard Customer Contract, in use before the commencement of this instrument, are varied.
4	Schedule of charges not amended
This instrument does not amend the schedule of charges in the standard customer contract for electricity supply services approved by notifiable instrument NI 2008-244. Those charges continue to apply. 

Paul Baxter
Senior Commissioner
Independent Competition and Regulatory Commission

  17 November 2008

SCHEDULE 1

ACTEW Corporation Water and Sewerage Services Connection and Supply Standard Customer Contract (2008)

Notifiable instrument NI2008- 553
made under the
Utilities Act 2000

	
Water and Sewerage Services Connection and Supply 
Standard Customer Contract 

Contents	1	Enquiries and complaints	Page 2	
	2	What obligations do you have?	Page 2	
		-	Commencement of supply		
		-	Keep us informed of changes		
		-	Life support equipment		
		-	Trade waste		
		-	Recycled water		
		-	Your equipment		
		-	Use of fire services		
		-	Bypassing the meter		
		-	Obligations affecting the premises		
		-	Other customer obligations		
	3	Your choice of provider for connection work	Page 6	
	4	What standard of service can you expect?	Page 6	
		-	Customer service standards		
		-	Continuous supply, quality and pressure not guaranteed		
		-	Correction of interruptions to your supply		
		-	Planned interruptions		
		-	Unplanned interruptions		
	5	What other rights do you have?	Page 8	
		-	Ask for identification		
		-	Are you having difficulties paying your account?		
		-	Outstanding water and sewerage charges		
		-	You may request other information		
		-	When we are permitted to contact you		
		-	Notices from us		
		-	Service Failure Rebates		
		-	Water testing		
		-	Sewage overflow		
		-	Plumbing fault in our network		
		-	Work done by us on your premises		
		-	You may request disconnection		
	6	Charges	Page 11	
		-	Schedule of Charges		
		-	Extension and equipment costs		
		-	Other charges		
		-	Rebates and concessions		
		-	Payment of accounts		
		-	Errors in accounts		
		-	Disputed accounts		
		-	GST		
	7	Can you be required to provide a security deposit?	Page 13	
	8	Measuring your water consumption	Page 13	
		-	Meter reading and inspections		
		-	Check readings		
		-	Installation of meters		
		-	Ownership of meters		
		-	Estimating your water consumption		
		-	Testing of meters at your request		
		-	We may initiate test		
		-	Faulty meters or incorrect readings		
		-	Maintenance of meters		
		-	Protecting your metering information		
	9	Use of your personal information 	Page 15	
		-	Your right to privacy		
		-	Obtaining information from credit agencies		
		-	Use of contact details		
		-	Use of other personal information		
		-	Disclosure of  information		
	10	Our access to your premises	Page 16	
	11	Disconnection by us	Page 17	
	12	Our liability	Page 18	
		-	Terms implied by statute		
		-	Exclusion of other implied terms		
		-	Our liability		
		-	Limitations on our liability		
		-	General		
	13	Dispute resolution	Page 20	
	14	Miscellaneous	Page 20	
		-	Changes to this contract		
		-	Inconsistency		
		-	No representations or warranties		
		-	Entire agreement		
		-	Assignment		
		-	Notices		
		-	Joint customers		
		-	Termination		
		-	Governing law		
Schedule 1		Obligations affecting your premises		
Schedule 2		Words and phrases used in this contract		

			
Water and sewerage services connection and supply contract	A	This contract sets out the standard terms on which ACTEW supplies water and sewerage services to customers in the ACT.  All ACT customers have a right to supply on these terms except where it would require the network to be extended at a capital contribution charge that is not acceptable to the customer.	
	B	If you wish to:
(a)	discharge anything other than ordinary domestic waste in ordinary domestic volumes into the sewerage network; or
(b)	be supplied with recycled (or “non-potable”) water,
you will need to negotiate a separate contract with us.  This contract does not allow any of those activities.	
ACTEW and ActewAGL	C	The ACT water and sewerage network is owned by ACTEW, a Territory owned corporation, which is the utility licensed to provide water and sewerage services in the ACT.	
	D	ACTEW contracts ActewAGL to manage the water and sewerage business.  Under that arrangement, ActewAGL provides technical and administrative services needed to operate this business and deliver water and sewerage services to customers on ACTEW’s behalf. That is, in almost all instances it will be ActewAGL that deals with customers.	
Multiple premises	E	If you have a number of premises in the ACT on different Crown leases, this contract applies separately to each of those premises.	
Words in italics	F	Words shown in italics have the meaning given in Schedule 2.	
Codes	G	There are references to a number of codes throughout this contract.  Contact the Independent Competition and Regulatory Commission if you would like a copy of a code or you can search the ICRC web site at http://www.icrc.act.gov.au/.	
TERMS	
Enquiries and complaints	1.1	(a) Enquiries in relation to water and sewerage services should be directed as follows:
1. Faults and emergencies  13 11 93 
(24 hour service)
2. Retail and billing enquiries 13 14 93 
3. Technical enquiries 6248 3555 
(press “2” for water) 
(b) Complaints about water and sewerage services can be directed to 6242 1193, or write to GPO Box 366, Canberra 2601.  
We will resolve any enquiries or complaints as soon as reasonably possible.	
What obligations do you have?
Commencement of supply	2.1	If you are the owner of the premises, you do not need to lodge an application for supply with us.  We will be notified of your details by the Registrar-General’s Office when you acquire the premises.	
	2.2	If we ask you to, you must promptly provide:
(a)	any additional details about you or your premises that we reasonably request.  You may provide those details in writing, over the phone or electronically; and	
		(b)	any of the other things referred to in the Consumer Protection Code concerning, for example, evidence of identity.	
	2.3	We can only supply you if you have connections that are in working order between your premises and the water and sewerage networks.  Your choice of provider for connection work is explained in 3.	
	2.4	Tenants generally obtain water and sewerage services through their landlord.  However, if you wish to make a separate application, you must:	
		(a)	demonstrate that you have a legal right of occupancy of the premises;	
		(b)	provide any of the details and things referred to in 2.2 that we request;	
		(c)	have connections that are in working order between the premises and the water and sewerage networks, as described in 2.3; and	
		(d)	pay any applicable charges.	
Keep us informed of changes	2.5	You must inform us promptly if there is a change in:
(a)	your contact details;
(b)	access to the meter; or
(c)	your water or sewerage pipes or appliances which may affect the quality or safety of our supply.	
Life support equipment	2.6	If someone residing at the premises depends on life support equipment that is reliant on water services (eg a dialysis machine), please let us know so that we may register the premises.  Registration generally entitles you to longer notice of planned interruptions to supply and prohibits us from disconnecting your premises as described in 4.6 and 11.1.	
	2.7	You can apply for registration:
(a)	by writing to us and providing a certificate from your doctor; or
(b)	through your local hospital.	
	2.8	You must notify us promptly if the person using life support equipment ceases to live at the premises, or if they no longer require that equipment.	
Trade waste	2.9	You must not discharge anything into the sewerage network other than ordinary domestic waste in ordinary domestic volumes, or permit anyone else to do so, without our prior written consent.  Failure to comply with this clause may lead to criminal liability for pollution of the environment under the Environment Protection Act 1997.	
	2.10	Generally speaking, acceptable waste water is that produced by normal domestic human activities, such as bathing, showers, washing-up and toilet use.  Items such as fat, acids, pesticides, paint, petroleum products, very hot liquids, large solids and other substances that can corrode the sewers, harm our treatment process, affect the environment or present an occupational health and safety hazard to the public or our staff, are not acceptable.  Refer to our published sewage acceptance criteria for details.	
Recycled water	2.11	In some areas of the ACT, recycled (or “non-potable”) water may be available under a separate contract for use on sporting grounds, gardens and for similar purposes.  Contact our enquiries line on 13 14 93 for details.	
Your equipment	2.12	You are responsible for the operation and maintenance of your equipment and must ensure that equipment complies with our Service and Installation Rules.	
	2.13	You must also ensure that any person performing work on your equipment is accredited for that type of work.	
	2.14	You own the meter cover, pit, cabinet or other structure, and must maintain it in a manner that ensures protection of the meter, public safety and accessibility for meter reading.	
	2.15	The boundary between your equipment and our water and sewerage network is the designated connection point described in the Water & Sewerage Network Boundary Code, or as otherwise agreed with you in writing.   You are responsible for your equipment on your side of the connection point and we are responsible for equipment on our side.	
Use of fire services	2.16	If you have a fire service on your premises, you must not use it for any other purpose than fire fighting, or permit anyone else to do so.	
Bypassing the meter	2.17	You must not remove, tamper with or bypass the water meter, or permit anyone else to do so.	
Obligations affecting the premises	2.18	Other obligations affecting your premises are set out in Schedule 1.  These include:
(a)	providing access to our infrastructure on your premises;
(b)	warning us of any hazards;
(c)	taking reasonable care of our infrastructure;
(d)	avoiding blockages; 
(e)	checking the location of our infrastructure  and seeking our approval before planning building work; and 
(f)	not building or altering land levels in a way that interferes with our equipment or the water and sewerage network.	
Other customer obligations	2.19	You must deal honestly with us.	
	2.20	You must comply with:
(a)	applicable law;
(b)	any obligations in the codes published under the Utilities Act 2000 that are expressed to apply to customers;
(c)	our Service and Installation Rules; and
(d)	any reasonable directions we give you under the law, the codes or those rules.	
			
Your choice of provider for connection work
Your choice	3.1	Most improved properties have a standard water and sewerage connection installed at the time the suburb is developed.  If you want to:
(a)	connect your premises to the water network or the sewerage network where there is no existing connection;
(b)	vary the size or location of an existing connection; 
(c)	remove a connection (other than removal of specific equipment such as the sewer main junction or water network maincock); or 
(d)	add a new connection,
you may choose to have a person other than us carry out the work.  Consult the Service and Installation Rules for other work or further details.	
	3.2	If the water and sewerage network does not have an existing off-take valve or mains connector at the desired location for the connection, we will install one for you at your cost.  Your contractor is not permitted to tap into the water and sewerage network.	
	3.3	If you choose to engage another person under 3.1, you must:
(a)	inform us of the name of the contractor and the work to be carried out; and
(b)	ensure that the person carrying out the work is accredited for that type of work.	
	3.4	If you are a tenant or occupier, you must provide us with written authorisation from the owner before we may undertake connection work at the premises.	
			
What standard of service can you expect?
Customer service standards	4.1	We will meet the customer service standards described in the Consumer Protection Code in our dealings with you.	
Continuous supply, quality and pressure not guaranteed	4.2	We are committed to providing a high quality water supply that meets the requirements of the Water Supply and Sewerage Service Standards Code and the Drinking Water Quality Code of Practice, and to minimising interruptions to your supply of water services and sewerage services.	
	4.3	However, our water and sewerage services are subject to a variety of factors which include accidents, weather, the acts of third parties, the need to work on, re-configure and optimise the water and sewerage distribution systems.  Accordingly, we are unable to guarantee that there will be no:
(a)	variations in water quality, pressure or the rate of flow from time to time; or
(b)	interruptions to your water services or sewerage services,
within the limits set by the codes.	
Correction of interruptions to your supply	4.4	If there is an interruption to your supply of water services or sewerage services, we will endeavour to correct it as soon as possible.	
Planned interruptions	4.5	We may interrupt your water services or sewerage services:
(a)	in the circumstances permitted by the Consumer Protection Code; or
(b)	as permitted or required by applicable law.	
	4.6	We will give you at least 2 days notice of a planned interruption (or 4 days if your premises are registered for life support equipment under 2.6), unless you give your consent or there is an emergency. 	
	4.7	If your premises are registered for life support equipment under 2.6, you may request a longer period of notice if that is reasonably necessary.	
	4.8	The notice must comply with the requirements of the Consumer Protection Code.	
Unplanned interruptions	4.9	In the case of an unplanned interruption to your water services or sewerage services, you may call our faults and emergencies line on 13 11 93 for information on, among other things, the nature of the interruption and the estimated time of restoration of supply of your water services or sewerage services, as applicable.	
Drought	4.10	Water restrictions may be imposed by law.  In the event of a conflict between this contract and such a law, the law will prevail over the contract.	
			
What other rights do you have?
Ask for identification	5.1	You are entitled to ask our employees, contractors or agents attending your premises for identification before they ask you questions or carry out work.  They carry photographic ACTEW or ActewAGL identity cards.
If the employee, contractor or agent cannot, or does not, produce an identity card, they must leave the premises if requested to by the occupant.	
Are you having difficulties paying an account?	5.2	If you are having difficulties paying your account, you may call us to discuss alternative payment arrangements, including for residential premises:	
		(a)	advance payment or instalment payment plan options;	
		(b)	Territory Government assistance programs; and	
		(c)	independent financial counselling services.	
		You can also contact the Energy and Water Consumer Council on 6207 7740 to seek assistance.	
Outstanding water and sewerage charges	5.3	The owner of the premises is liable for any undischarged water and sewerage charges of a previous owner, under the Utilities Act 2000.  Accordingly, if you sell or transfer the premises, a special meter reading and conveyancing certificate should be requested so that the water and sewerage account can be appropriately apportioned.	
	5.4	A conveyancing certificate lists the current balance of the water and sewerage account.  A special water meter reading certificate shows the consumption to date since the most recent meter reading.	
	5.5	An up-front fee is payable for these certificates as shown in our Schedule of Charges.	
You may request other information	5.6	You may request us to provide you with information regarding:
(a)	the water services and sewerage services we supply to your premises; 
(b)	meter readings for those services; or
(c)	your account.
We will provide this information to the extent it is reasonably available to us.	
	5.7	You must pay our reasonable costs of providing any information that you have asked for, unless that information relates to account or metering information for the 12 months prior to the date of your enquiry, which will be provided free of charge.	
When we are permitted to contact you	5.8	We are only permitted to contact you:
(a)	between 9.00am and 8.00pm weekdays;
(b)	between 9.00am and 5.00pm Saturdays and Sundays; and
(c)	not at all on ACT public holidays,
unless there is an emergency or you give your consent.	
Notices from us	5.9	The Consumer Protection Code imposes requirements on the way in which we can give you written notices under this contract.	
Service failure rebate	5.10	You may be entitled to a rebate if we fail to meet the minimum service standards described in Schedule 1 of the Consumer Protection Code.  The amount of any rebate is shown in the Code.  To ascertain rebate details or apply for a rebate phone 13 14 93 and ask to be put through to the Water Division complaints officer.	
Water testing	5.11	You may request us (or another person accredited by NATA) to test the quality of the water supplied to your premises for compliance with the standards in the Drinking Water Quality Code of Practice.	
	5.12	We will refund the cost of the test if it shows the water does not comply with those standards.	
Sewage overflow	5.13	If you have a sewage overflow in your premises due to a fault in our network, we will assist you to minimise the damage and clean up the sewage, as required. We do not have expertise to clean inside buildings and engagement by you of specialist cleaners is advised. 	
Plumbing fault in our network	5.14	If you investigate a plumbing or drainage problem on your premises and discover that the fault is in our network, we will pay any reasonable expenses you have incurred for work related to that investigation (other than loss of or damage to equipment such as an electric eel or CCTV camera).  Claims for reimbursement must be accompanied by the invoice and investigation report of a licensed plumber or drainer.  Call our enquiries line on 13 14 93 for details.	
Work done by us on your premises	5.15	If we do work on your premises or nature strip, we are required to take reasonable steps to reinstate the property to a similar condition, unless that would involve:
(a)	an interference with a network facility; or
(b)	a contravention of ACT law.	
You may request disconnection	5.16	You do not need to disconnect the premises if you are selling the property, as the water and sewerage account will be apportioned as part of the conveyancing process (see 5.3 for details).	
	5.17	However, if for other reasons you wish to disconnect the water supply or sewerage services permanently, you may apply to us in writing or in person and the procedures in the Service and Installation Rules will then apply.	
			
Charges
Schedule of Charges	6.1	Our charges for water and sewerage services are shown in our Schedule of Charges.  Our Schedule of Charges forms part of the terms of this contract and must be read in conjunction with this contract. A copy of our Schedule of Charges is available from us free of charge, on request or from the ActewAGL website at www.actewagl.com.au.
If you are a charity, school, church or benevolent institution please contact us to ensure we are aware of your status as some charges are lower (see Schedule of Charges for details).	
Extension and equipment costs	6.2	We may charge you for the costs of any work undertaken to:
(a)	in the case of new connections - extend the water network or the sewerage network, or increase the capacity of the network, to connect your premises; or
(b)	in the case of existing connections - vary the capacity of the water network or the sewerage network, or the connection to your premises, due to a change in your demand for water supply or sewerage services, or a request by you; or
(c)	remove infrastructure at your request.	
	6.3	The amount of the payment will be determined by us, subject to any limits imposed by applicable law.	
Other charges	6.4	You must pay us any other amounts we are permitted to charge by law.	
Rebates and concessions	6.5	You may be eligible for a rebate or concession on our standard charges for residential premises, for example if you have a pensioner concession card, a veteran’s affairs gold card or your premises are registered as having life support equipment under 2.6.  Call our enquiries line on 13 14 93 for details.	
Payment of accounts	6.6	We will issue accounts to you for any amount payable under this contract at least every 120 days, unless you agree otherwise.	
	6.7	Each account will contain the information required by the Consumer Protection Code.	
	6.8	You must pay an account by the due date shown on the account.  The due date will be at least 21 days after the date on which you receive the account unless you agree to a shorter period.	
	6.9	Payment may be made:
(a)	by mail;
(b)	in person at any of our designated offices or agencies;
(c)	by cash or cheque, direct debit or any other method provided by us consistent with the Consumer Protection Code. 	
	6.10	Any amount which remains unpaid after 14 days from the due date (or is paid by a method which is later dishonoured or rejected), is a debt to us and we may charge you interest from the original due date.	
Errors in accounts	6.11	If we discover we have overcharged you, we will promptly credit the overpayment to your account.	
	6.12	If we find we have undercharged you, we may adjust your account to collect the amount you were undercharged.  Provided that you did not contribute to the undercharge occurring, our back charge cannot go back more than 12 months in accordance with the Consumer Protection Code..	
Disputed accounts	6.13	If you believe you have been overcharged, you can:	
		(a)	pay the account in full and raise the matter with us.  If we find that you have been overcharged, we will pay you interest on the overpayment from the date the account was paid; or	
		(b)	withhold the disputed amount and pay the rest of the account.  If we find that part or all of the disputed amount was correctly charged, we will charge you interest from 14 days after the original due date.	
	6.14	We will seek to resolve any disputes about accounts in accordance with the Consumer Protection Code.	
GST	6.15	Supplies of water and sewerage services are not subject to GST, but some other services which may be provided to you by us will attract GST.  The Schedule of Charges indicates which services attract GST and which do not.	
Can you be required to provide a security deposit?	7.1	You must provide us with a security deposit, if required by us.	
	7.2	We may only require a security deposit as permitted by the Consumer Protection Code.	
	7.3	We may draw on a security deposit provided by you if you fail to pay an amount due under this contract.	
	7.4	You are entitled to have your security deposit (plus any interest) refunded if you pay your accounts by the due date for a continuous period of 12 months .	
			
Measuring your water consumption
Meter reading and inspections	8.1	We will arrange for our water meters on your premises to be read each account period, unless we estimate your consumption for a period as permitted by 8.8 to 8.10.	
Check readings	8.2	In addition, we will check the accuracy of a recent meter reading, on request.  You are entitled to one free check reading for each account period.  The fee for additional check readings will be included in your account, as shown in the Schedule of Charges.	
	8.3	We will provide up-to-date information on request to allow you to carry out basic meter readings yourself instead of requesting further check readings or meter testing.	
Installation of meters	8.4	We will provide a standard meter for your premises if at any stage they are not metered, and will provide a non-standard meter if you request.  In some cases we may require you to have a non-standard meter. 	
	8.5	You must arrange for the meter to be installed by a person who is accredited for that type of work.	
	8.6	One standard meter and, for residential premises, an initial meter protection cover or structure, will be provided free of charge.  If a non-standard meter is provided, we will only charge you the difference between the cost of a standard meter and the cost of the meter provided.	
Ownership of meters	8.7	The primary water meter on your premises remains our property. Secondary or “deduct” meters are your property unless we agree otherwise in writing.	
Estimating your water consumption	8.8	We may estimate the quantity of water supplied to your premises in the circumstances described in the Water Metering Code.	
	8.9	Where possible, estimates will be calculated with reference to an adjacent account period or periods.  	
	8.10	If you are invoiced on the basis of an estimate, we may adjust a later invoice to reflect the actual consumption, once known or more accurately estimated.	
Testing of meters at your request	8.11	You may request us (or an accredited service provider) to test the primary water meter on the premises.  The procedure in the Water Metering Code will then apply.	
	8.12	We will refund the cost of the test if it shows the meter is defective as defined in the Water Metering Code and has been over-recording your water consumption.	
We may initiate test	8.13	We may test any of the meters on your premises at our cost.	
Faulty meters or incorrect readings	8.14	We will adjust your account as necessary if:
(a)	the metering equipment installed on your premises is defective; or
(b)	a check reading shows a reading to be incorrect.	
Maintenance of meters	8.15	We will use reasonable endeavours to have the primary meter at your premises maintained in working order.	
Protecting your metering information	8.16	We will use reasonable endeavours to prevent unauthorised access to metering information obtained from your premises.	
			
Use of your personal information
Your right to privacy	9.1	We respect your privacy and are committed to complying with the Privacy Act 1988, the National Privacy Principles in that Act and any other applicable law regarding privacy.
For any enquiries concerning privacy or the personal information we hold about you, please contact our privacy officer on 13 14 93.	
Obtaining information from credit agencies	9.2	We may obtain information related to your creditworthiness (including a consumer credit report) from ActewAGL, or from a credit reporting agency, or from any business that reports on creditworthiness or any credit provider.	
Use of contact details	9.3	We may use your contact details:
(a)	to contact or correspond with you for the purposes of this contract (for example to inform you of service disruptions or to send you accounts); or	
		(b)	to send you our newsletter and promotional offers from us or a third party; or	
		(c)	for other public interest purposes, such as safety, fundraising by charities and informational programs,
but we will not disclose your details to any third party in so doing, except where a third party provides services to us, for example where a third party business prints and distributes accounts on our behalf.  In that event the third party is bound by contract to maintain confidentiality and not to use your details for any other purpose.	
	9.4	If you do not wish your details to be used for information or promotional purposes, please contact our customer service line on 13 14 93. We will without charge, mark your details so that their use is restricted to matters central to this contract such as sending you accounts or notice of interruption to supply.	
	9.5	ActewAGL Distribution, and ActewAGL Retail acting under contract to ActewAGL Distribution, may cross reference your personal information across any electricity, natural gas, and water and sewerage services that are provided to you by ACTEW Corporation, ActewAGL Distribution, or ActewAGL Retail to check the accuracy of your contact details.	
Use of other personal information	9.6	We may use any personal information we hold about you, including your contact details, to:
(a)	assess your ongoing creditworthiness or the status of any account you have with us; or
(b)	determine the level of security required under this contract; or
(c)	collect overdue payments.	
Disclosure of information	9.7	We may disclose information about you (including your contact details and creditworthiness information) or your metering information, in the circumstances permitted by the Consumer Protection Code or as otherwise permitted or required by law.	
			
Our access to your premises	10.1	You must allow our employees, contractors and agents to enter your premises:
(a)	to carry out connection work; or
(b)	to read or test meters; or
(c)	to inspect, maintain, repair or replace our property; or 
(d)	where otherwise permitted by law.	
	10.2	While our personnel are on your premises, we will ensure that they:
(a)	observe all applicable safety conditions required by law; and 
(b)	for industrial premises, where you have given us reasonable prior notice:
(i)	comply with any reasonable work safety rules in force at your premises; and 
(ii)	if necessary, work in protective equipment and clothing supplied by you in general use at your premises.	
			
Disconnection by us	11.1	We must disconnect your premises from the water network:	
		(a)	at your request; or 
(b)	if required by applicable law; or 
(c)	in the event of an emergency.	
		We may restrict the supply of water to your premises:
(a)	if you do not have a legal right of occupancy of the premises; or
(b)	if you fail to pay an account by the due date and, for residential premises, we have complied with all the requirements of the Consumer Protection Code; or
(c)	if you fail to provide access to the premises on 2 consecutive occasions when we have made an appointment with you under clause 1.1 of Schedule 1; or
(d)	if you fail to comply with any of your other obligations under this contract; or
(e)	as permitted or required by applicable law,
unless your premises are registered as having life support equipment under 2.6.	
	11.2	We must comply with the applicable procedures in the Consumer Protection Code when disconnecting or restricting your supply.	
	11.3	If we disconnect or restrict your supply under this clause, you must pay any applicable fee shown in the Schedule of Charges.	
	11.4	If the matter giving rise to the disconnection or restriction is remedied or otherwise ceases to apply, we will arrange reconnection and will recommence unrestricted supply as soon as reasonably possible.	
	11.5	A fee applies for reconnection or restoration of full supply, as shown in our Schedule of Charges.	
			
Our liability
Terms implied by statute	12.1	Consumer protection legislation implies terms into contracts for the supply of certain goods and services that cannot be excluded (“Implied Terms”) but permits a supplier to limit its liability in respect of those terms in certain circumstances.	
	12.2	Our liability for breach of an Implied Term applying to this contract is limited at our option to one of the following remedies:
(a)	in the case of goods supplied by us:
(i)	the replacement of the goods or the supply of equivalent goods; or
(ii)	the repair of the goods; or
(iii)	the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv)	the payment of the cost of having the goods repaired; or
(b)	in the case of services supplied by us:
(i)	the supplying of the services again; or
(ii)	the payment of the cost of having the services supplied again.	
	12.3	Our liability will not be limited in this way if you establish that such a limitation is not fair or reasonable in the circumstances.	
Exclusion of other implied terms	12.4	The only terms, conditions or warranties which apply to the supply of water and sewerage services under this contract are:
(a)	any Implied Terms, but subject to the preceding provisions of this clause; and
(b)	the express terms of this contract.	
	12.5	All other terms, conditions or warranties implied by law (including statute), custom or usage are excluded to the fullest extent permitted by law.	
Our liability	12.6	Subject to the limitations described in this clause, we are liable for any loss, liability or expense which you may suffer or incur as a direct result of any negligence or breach of contract by us.  For example, if your carpets are flooded and we are at fault, we will pay for the cost of cleaning or replacement, as necessary.	
	12.7	This is in addition to any rebate to which you may be entitled under 5.10.	
Limitations on our liability
Faults in your equipment:	12.8	We are not liable to the extent your equipment caused or contributed to the problem.	
Interruption to services:	12.9	We are not liable for an interruption to your water supply or sewerage services if the interruption:
(a)	was caused by events or circumstances beyond our control; or
(b)	arose despite us having complied with all relevant performance standards under the Consumer Protection Code. 	
Other limitations:	12.10	We are not liable for any loss, liability or expense which you may suffer or incur other than as provided in 12.6 and 12.7	
	12.11	Without limiting 12.10, we are not liable for any loss of profits, business, or anticipated savings or for any indirect or consequential loss arising out of or in connection with this contract, whether in contract, tort (including negligence) or otherwise, other than as provided in 12.6.	
	12.12	Other limitations on our liability may apply under applicable law including the Consumer Protection Code and the Water and Sewerage Service Standards Code.	
General	12.13	The limitations in 12.10 and 12.11 are subject to the earlier provisions of this clause regarding Implied Terms.	
	12.14	Any liability a party has to the other for breach of this contract is reduced to the extent the other party caused or contributed to the breach.	
Dispute resolution	13.1	The parties will seek to settle any dispute arising under this contract in accordance with the Consumer Protection Code and Water Metering Code or, if applicable, you may refer the matter to the Energy and Water Consumer Council.	
	13.2	This does not prevent a party exercising its rights under this contract or applying to a court for urgent relief.	
			
Miscellaneous
Changes to this contract	14.1	We may make changes to this contract from time to time as permitted by the Utilities Act 2000.  Notice of the changes will be published in the Canberra Times, and a free copy of the changes will be available on request or from the ActewAGL website at www.actewagl.com.au.	
Inconsistency	14.2	The parties must comply with the obligations imposed on them by law, except where those obligations are inconsistent with this contract.  In that case this contract will prevail to the extent permitted by law.	
No representations or warranties	14.3	You acknowledge that in entering into this contract you have not relied on any separate promises from us that have not been included in this contract.	
Entire agreement	14.4	This contract constitutes the entire agreement between us about its subject matter.	
Assignment	14.5	You may not assign your rights or obligations under this contract without our consent.	
Notices	14.6	Notices sent to you from us will be considered to be received within the time provided by the Consumer Protection Code.	
Joint customers	14.7	If you own or lease the premises together with another person or persons, this contract binds and is for the benefit of you all jointly and severally.	
Termination	14.8	This contract will terminate if our supplier’s licence is suspended or ceases to apply, and we are not otherwise authorised to provide water and sewerage services under applicable law.	
Governing law	14.9	This contract is governed by the laws of the Australian Capital Territory.	

Schedule 1	Obligations affecting your premises

Our access to your premises			
Access to our equipment	1.1	You must ensure our employees, contractors and agents have unhindered access to the water meter to read, test, replace or repair the meter, as well as unhindered access to any other of our infrastructure on your land.  Except in an emergency, we must give you at least 7 days written notice of access to your land to repair or replace our equipment.  Notice is not required in an emergency or for entry to land to read meters.	
	1.2	If you do not provide this access, you may be required to pay the reasonable costs of any further attendances required at your premises as a result.	
	1.3	If you wish to lock off access to the meter or our other equipment on your land, contact our enquiries line on 13 14 93 for details of our requirements.	
Our staff on your premises	1.4	You must notify us of:
(a)	the existence of any hazard located at your premises (such as a large dog or dangerous machinery); and
(b)	the precautions which should be taken to avoid that hazard.	
	1.5	For industrial premises, you must provide our employees, contractors and agents with safe working conditions consistent with relevant occupational health and safety requirements.	
Our infrastructure			
Our equipment on your premises	1.6	You must: 
(a)	use reasonable endeavours to protect our equipment installed on your premises from unauthorised interference; and
(b)	notify us of any interference, defect or damage within 5 business days of becoming aware of it.	
	1.7	You must pay the reasonable costs of repair or replacement of our equipment installed on your premises, on request, if the defect or damage was: 
(a)	caused by you; or
(b)	caused by another person in circumstances where you failed to take reasonable care to prevent that.	
Protection of our network	1.8	You must not without reasonable excuse, place or keep above or adjacent to an underground part of the water and sewerage network, any corrosive, abrasive, heavy or harmful material or substance that is likely to damage the water and sewerage networks or endanger its safe or efficient operation.	
	1.9	You must not damage the water and sewerage networks by excavating or conducting other work on the network, or enter a network facility without reasonable excuse.	
Blockages	1.10	You are responsible for:
(a)	keeping the drains on your premises in good repair and clearing any blockages;
(b)	paying the cost of repairing damage to the water and sewerage network caused by blockages in your equipment or at the connection point; and
(c)	comply with the requirements of the Service and Installation Rules if the floor level of your premises is no more than 500mm above the nearest upstream manhole cover.	
Building work you carry out			
Building work	1.11	Before carrying out or authorising any building work on your premises, you should:
(a)	establish whether there is any of our equipment on (or near) your premises and ensure your design and planned structure does not interfere with that equipment  or our access to it; 
(b)        call “dial before you dig” on 1100 for a diagram of our equipment on or near your premises (if any); 
(c)      confirm the precise location of that equipment and get advice via 6248 3555 if in doubt as to how to proceed; and
(d)       consult with us if there is a disparity between network diagrams and what you find on (or near) your land.	
	1.12	These checks are recommended because our records are indicative only and do not show dimensions.  You should also note that pipes do not necessarily run in straight lines between surface features.	
Easements	1.13	You must not build over our infrastructure, or over any easements, or permit anyone else to do so, without our prior written consent.  Nor must you block our access to our infrastructure.  There are also limits under our Service and Installation Rules as to how close you can build to our infrastructure or easements on or near your premises.	
	1.14	You can obtain details of easements on your premises by requesting a title search and copy of the deposited plan from the Registrar-General’s Office or other relevant ACT government agency.  Some infrastructure is not located in easements but it is nevertheless protected under section 124 of the Utilities Act 2000.  You can request further information regarding the location of equipment on your premises by contacting us on 6248 3555.	

Schedule 2	Words and phrases used in this contract

TERM	MEANING	
accredited	accredited by ACTEW or another accrediting agency under the Contestable Work Accreditation Code, or licensed under the Plumbers, Drainers and Gasfitters Board Act 1982.	
ACTEW (we, us, our)	ACTEW Corporation Limited ABN 86 069 381 960.	
ActewAGL 	the distribution arm of the ActewAGL joint venture, which is a partnership between ACTEW Distribution Limited and Jemena Networks (ACT) Pty Ltd, trading as ActewAGL Distribution, including the ActewAGL Retail partnership to the extent that the Retail partnership provides services, such as water and sewerage billing, to ActewAGL Distribution.	
business day	a day, other than a Saturday, Sunday or an ACT public holiday.	
connection points	the boundary between the water network or sewerage network and your equipment, as defined in the Water & Sewerage Network Boundary Code, or as otherwise agreed with you in writing. 	
easement	means anything registered on the title to your premises as an easement for water or sewerage, or shown as such on the deposited plan; including ‘service reservations’ and ‘easements in gross’, that may (but not always) indicate the existence of our equipment.	
Energy and Water Consumer Council	means the council which is a consumer protection and advisory body for ACT utility services, or any successor to it.	
equipment	Includes water and sewerage pipes and other water and sewerage infrastructure and equipment.	
government or authority	the Commonwealth of Australia, any Australian State or Territory or any local government, and any minister, department, statutory authority, corporation or agency (including ICRC) having jurisdiction and authority over a party.	
ICRC	the Independent Competition and Regulatory Commission, which is the ACT regulator for competition and pricing.	
interest	for a period means the amount calculated in accordance with the Supreme Court interest rate(s) for post-judgment interest applying for that period, as set from time to time by the Court Procedure Rules 2006..	
law	the Utilities Act 2000, any applicable market, industry or technical code, our Service and Installation Rules, our supplier’s licence and any other statute, regulation, ordinance, code or other law, whether territory, state or federal, including any lawfully binding determination, decree, edict, declaration, ruling, order or other similar pronouncement validly made by any government or authority.	
NATA	the National Association of Testing Authorities.	
ordinary domestic waste and ordinary domestic volumes	have the meanings given in the sewage acceptance criteria published by us from time to time.	
our	ACTEW	
residential premises	has the meaning given in the Consumer Protection Code.	
Schedule of Charges	the schedule of fees and charges for the water and sewerage services, published by us and in force from time to time.	
Service and Installation Rules	the rules published by us from time to time for water and sewerage service and installation. 	
sewerage network	the ACT sewerage network as defined in section 14 of the Utilities Act 2000.	
sewerage services	means the utility services listed in section 13 of the Utilities Act 2000, other than services for discharge of trade waste (ie anything other than ordinary domestic waste in ordinary domestic volumes).	
supplier’s licence	our licence or licences to provide water services and to provide sewerage services, through the water and sewerage network, issued under the Utilities Act 2000.	
us	ACTEW	
water and sewerage networks	the water network and the sewerage network.	
water and sewerage services	water services and sewerage services.	
water network	the ACT water network as defined in section 12 of the Utilities Act 2000.	
water services	means the utility services listed in section 11 of the Utilities Act 2000; other than the supply of recycled (or “non-potable”) water.	
we	ACTEW	
your equipment	the water and sewerage pipes and associated equipment at the premises on your side of the connection point.	

		
In this contract:

the singular includes the plural and vice versa;

a reference to an agreement, code or another instrument includes any consolidation, amendment, variation or replacement of them;

a reference to a statute, ordinance, code or other law, including anything which comprises the law, includes regulations and other instruments under it and includes all consolidations, amendments, re-enactments or replacements;

a reference to a code named in this contract is a reference to the code of that name under the Utilities Act 2000;

the word person includes a firm, body corporate, body politic, unincorporated association or an authority;

a reference to a person includes the person’s permitted successors, substitutes (including, without limitation, persons taking by novation) and assigns;

if an event must occur on a stipulated day which is not a business day, then the stipulated day will be taken to be the next business day;

if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;

a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;

including, includes, such as and in particular do not limit the generality of the words which precede them or to which they refer; and

headings and footnotes are included for convenience and do not affect the interpretation of this contract.

---///---

SCHEDULE 2

ACTEW Corporation Water and Sewerage Services Connection and Supply Standard Customer Contract (2008)

Explanatory Notes

Notifiable instrument NI2008- 553
made under the
Utilities Act 2000

Amendments to Standard Customer Contract for Water and Sewerage Services connection and supply 

November 2008

Current Heading	Clause number	Current Wording	Proposed heading	Clause number 	Proposed Wording	Explanation	
----	---	---	---	---	---	Table of contents has been updated as necessary due to amendments as below. 	
---	D	ACTEW contracts ActewAGL to manage the water and sewerage business.  Under that arrangement, ActewAGL provides the full range of technical and administrative services needed to operate this business and deliver water and sewerage services to customers on ACTEW’s behalf.	---	D	ACTEW contracts ActewAGL to manage the water and sewerage business.  Under that arrangement, ActewAGL provides technical and administrative services needed to operate this business and deliver water and sewerage services to customers on ACTEW’s behalf. That is, in almost all instances it will be ActewAGL that deals with customers.	Superfluous words removed from second sentence. Third sentence added to further clarify ActewAGL’s role. 	
Codes	G	There are references to a number of codes throughout this contract.  Contact the ICRC if you would like a copy or look up the ICRC web site at http://www.icrc.act.gov.au/.	Codes	G	There are references to a number of codes throughout this contract.  Contact the Independent Competition and Regulatory Commission if you would like a copy of a code or you can search the ICRC web site at http://www.icrc.act.gov.au/	Amended to include full name of the commission in this first reference and clarify obtaining copies of a code.	
---	1.1	Enquiries or complaints should be directed to our enquiries line on 13 14 93 or submitted in writing to GPO Box 366, Canberra 2601.  We will resolve any enquiries or complaints as soon as reasonably possible.	---	1.1	(a) Enquiries in relation to water and sewerage services should be directed as follows:
1. Faults and emergencies  
13 11 93  (24 hour service)
2. Retail and billing enquiries 13 14 93 
3. Technical enquiries 
6248 3555  (press “2” for water) 
(b) Complaints about water and sewerage services can be directed to 6242 1193, or write to GPO Box 366, Canberra 2601.  
We will resolve any enquiries or complaints as soon as reasonably possible.	Amended to include direct numbers for specific enquiries to improve customer assistance. 	
---	1.2	To report faults and emergencies, call our 24 hour service line on 13 11 93.	---	---	---	Deleted as clause is now incorporated into clause 1.1.	
---	2.1	If you are the owner of the premises, you do not need to lodge an application for supply with us.  We will be notified of your details by the Registrar-General’s Office when you acquire the premises.
If you are a charity, school, church or benevolent institution, please contact us as some charges are lower.	---	2.1	If you are the owner of the premises, you do not need to lodge an application for supply with us.  We will be notified of your details by the Registrar-General’s Office when you acquire the premises.	Second paragraph relocated to a more appropriate place in contract.  	
Life support equipment	2.6	If someone residing at the premises depends on life support equipment that is reliant on water supply (eg a dialysis machine), please let us know so that we may register the premises.  Registration generally entitles you to longer notice of planned interruptions to supply and prohibits us from disconnecting your premises as described in 4.6 and 11.1.	Life support equipment	2.6	If someone residing at the premises depends on life support equipment that is reliant on water services (eg a dialysis machine), please let us know so that we may register the premises.  Registration generally entitles you to longer notice of planned interruptions to supply and prohibits us from disconnecting your premises as described in 4.6 and 11.1.	Amended to use consistent terminology. 	
Continuous supply, quality and pressure not guaranteed	4.2	We are committed to providing a high quality water supply that meets the requirements of the Water Supply and Sewerage Service Standards Code and the Drinking Water Quality Code of Practice, and to minimising interruptions to your supply.	Continuous supply, quality and pressure not guaranteed	4.2	We are committed to providing a high quality water supply that meets the requirements of the Water Supply and Sewerage Service Standards Code and the Drinking Water Quality Code of Practice, and to minimising interruptions to your supply of water services and sewerage services.		
---	4.3	However, our water supply and sewerage services are subject to a variety of factors which include accidents, weather, the acts of third parties, the need to work on, re-configure and optimise the water and sewerage distribution systems.  Accordingly, we are unable to guarantee that there will be no:
(a)	variations in water quality, pressure or the rate of flow from time to time; or
(b)	interruptions to your supply of water or sewerage services,
within the limits set by the codes.	---	4.3	However, our water and sewerage services are subject to a variety of factors which include accidents, weather, the acts of third parties, the need to work on, re-configure and optimise the water and sewerage distribution systems.  Accordingly, we are unable to guarantee that there will be no:
(a)	variations in water quality, pressure or the rate of flow from time to time; or
(b)	interruptions to your water services or sewerage services,
within the limits set by the codes.		
Correction of interruptions to your supply	4.4	If there is an interruption to your water supply or sewerage services, we will endeavour to correct it as soon as possible.	Correction of interruptions to your supply	4.4	If there is an interruption to your supply of water services or sewerage services, we will endeavour to correct it as soon as possible.		
Planned interruptions	4.5	We may interrupt your water supply or sewerage services:
(a)	in the circumstances permitted by the Consumer Protection Code; or
(b)	as permitted or required by applicable law.	Planned interruptions	4.5	We may interrupt your water services or sewerage services:
(a)	in the circumstances permitted by the Consumer Protection Code; or
(b)	as permitted or required by applicable law.		
Unplanned interruptions	4.9	In the case of an unplanned interruption to your services, you may call our faults and emergencies line on 13 11 93 for information on, among other things, the nature of the interruption and the estimated time of restoration of supply.	Unplanned interruptions	4.9	In the case of an unplanned interruption to your water services or sewerage services, you may call our faults and emergencies line on 13 11 93 for information on, among other things, the nature of the interruption and the estimated time of restoration of supply of your water services or sewerage services as applicable.		
Ask for identification.	5.1	You are entitled to ask our employees, contractors or agents attending your premises for identification before they ask you questions or carry out work. They carry photographic ActewAGL identity cards.
If the employee, contractor or agent cannot, or does not, produce an identity card, they must leave the premises if requested to by the occupant. 	Ask for identification	5.1	You are entitled to ask our employees, contractors or agents attending your premises for identification before they ask you questions or carry out work. They carry photographic ACTEW or ActewAGL identity cards.
If the employee, contractor or agent cannot, or does not, produce an identity card, they must leave the premises if requested to by the occupant.	Amended to refer to ACTEW identity cards	
Are you having difficulties paying an account?	5.2	If you are having difficulties paying your account, you may call us to discuss alternative payment arrangements, including for residential premises:
(a)	advance payment or instalment payment plan options;
(b)	Territory Government assistance programs; and
(c)	independent financial counselling services.	Are you having difficulties paying an account?	5.2	If you are having difficulties paying your account, you may call us to discuss alternative payment arrangements, including for residential premises:
(a)	advance payment or instalment payment plan options;
(b)	Territory Government assistance programs; and
(c)	independent financial counselling services.
You can also contact the Energy and Water Consumer Council on 6207 7740 to seek assistance. 	Amended to include new paragraph with reference to the EWCC. 
Several occurrences of Essential Services Consumer Council were updated to reflect the current name being the Energy and Water Consumer Council.	
You may request other information	5.6	You may request us to provide you with information regarding:
(a)	the services we supply to your premises; 
(b)	meter readings for those services; or
(c)	your account.
We will provide this information to the extent it is reasonably available to us.	You may request other information	5.6	You may request us to provide you with information regarding:
(a)	the water services and sewerage services we supply to your premises; 
(b)	meter readings for those services; or
(c)	your account.
We will provide this information to the extent it is reasonably available to us.	Amended to use consistent terminology. 	
---	5.7	You must pay our reasonable costs of providing any information that you have asked for, unless that information relates to account or metering information for the last account period, which will be provided free of charge.	---	5.7	You must pay our reasonable costs of providing any information that you have asked for, unless that information relates to account or metering information for the 12 months prior to the date of your enquiry, which will be provided free of charge.	Amended to reflect Consumer Protection Code. 	
When we are permitted to contact you	5.8	We are only permitted to contact you:
(a)	between 8.00am and 8.00pm weekdays;
(b)	between 9.00am and 5.00pm Saturdays and Sundays; and
(c)	not at all on ACT public holidays,
unless there is an emergency or you give your consent.	When we are permitted to contact you	5.8	We are only permitted to contact you:
(a)	between 9.00am and 8.00pm weekdays;
(d)	between 9.00am and 5.00pm Saturdays and Sundays; and
(e)	not at all on ACT public holidays,
unless there is an emergency or you give your consent.		
Compensation	5.10	You may be entitled to compensation if we fail to meet the minimum service standards described Schedule 1 of the Consumer Protection Code.  The amount of any rebate is shown in the Code.  To ascertain rebate details or apply for a rebate phone 13 14 93 and ask to be put through to the relevant complaints officer.	Service failure rebate	5.10	You may be entitled to a rebate if we fail to meet the minimum service standards described in Schedule 1 of the Consumer Protection Code.  The amount of any rebate is shown in the Code.  To ascertain rebate details or apply for a rebate phone 13 14 93 and ask to be put through to the Water Division complaints officer.	Amended to correct grammatical error, and use consistent terminology in clause. 	
Sewage overflow	5.13	If you have a sewage overflow in your premises due to a fault in our network, we will assist you to minimise the damage and clean up the sewage, as required.	Sewage overflow	5.13	If you have a sewage overflow in your premises due to a fault in our network, we will assist you to minimise the damage and clean up the sewage, as required. We do not have expertise to clean inside buildings and engagement by you of specialist cleaners is advised.	Amended to clarify cleaning for inside of affected buildings. 	
Schedules of Charges	6.1	Our charges for water and sewerage services are shown in our Schedules of Charges.  A copy of each is available from us free of charge, on request.	Schedule of Charges	6.1	Our charges for water and sewerage services are shown in our Schedule of Charges.  Our Schedule of Charges forms part of the terms of this contract and must be read in conjunction with this contract. A copy of our Schedule of Charges is available from us free of charge, on request or from the ActewAGL website at www.actewagl.com.au.
If you are a charity, school, church or benevolent institution please contact us to ensure we are aware of your status as some charges are lower (see Schedule of Charges for details).	Amended to clarify that the schedule of charges forms part of the contract and where a copy can be obtained and to include amended (singular) definition for Schedule of Charges.  Also amended to clarify that the lower charges for institutions such as charities are listed in the Schedule of Charges and that the institutions should ensure ActewAGL is aware of their status to ensure correct pricing. 	
---	6.3	The amount of the payment will be determined by us, subject to any limits imposed by applicable law (including any applicable Capital Contributions Code).	---	6.3	The amount of the payment will be determined by us, subject to any limits imposed by applicable law.	Superfluous words removed.	
--	6.12	If we find we have undercharged you, we may adjust your account to collect the amount you were undercharged.	---	6.12	If we find we have undercharged you, we may adjust your account to collect the amount you were undercharged.  Provided that you did not contribute to the undercharge occurring, our backcharge cannot go back more than 12 months in accordance with the Consumer Protection Code.	Amended to reflect Consumer Protection Code.	
GST	6.15	Supplies of water and sewerage services are not subject to GST, but some other services which may be provided to you by us will attract GST.  The Schedules of Charges indicates which services attract GST and which do not.	GST	6.15	Supplies of water and sewerage services are not subject to GST, but some other services which may be provided to you by us will attract GST.  The Schedule of Charges indicates which services attract GST and which do not.	Italics applied to draw in definition, and amended to use consistent terminology. 	
---	7.4	You are entitled to have your security deposit (plus any interest) refunded if you pay your accounts by the due date: 
(a)	for a continuous period of 12 months; or
(b)	where the security was required because of past illegal use of a service - for a continuous period of 2 years.	---	7.4	You are entitled to have your security deposit (plus any interest) refunded if you pay your accounts by the due date for a continuous period of 12 months.	Amended to reflect the Consumer Protection Code. 	
---	9.1	We respect your privacy and are committed to complying with the Privacy Act 1988, the Information Privacy Principles in that Act and any other applicable law regarding privacy.
For any enquiries concerning privacy or the personal information we hold about you, please contact our privacy officer on 13 14 93.	---	9.1	We respect your privacy and are committed to complying with the Privacy Act 1988, the National Privacy Principles in that Act and any other applicable law regarding privacy.
For any enquiries concerning privacy or the personal information we hold about you, please contact our privacy officer on 13 14 93.	Amended legislation reference to the principles ActewAGL is required to comply with. 	
---	---	---	---	9.5	ActewAGL Distribution, and ActewAGL Retail acting under contract to ActewAGL Distribution, may cross reference your personal information across any electricity, natural gas, and water and sewerage services that are provided to you by ACTEW Corporation, ActewAGL Distribution, or ActewAGL Retail to check the accuracy of your contact details.	New clause which will allow us to provide more efficient utility services to customers by being able to check contact details.	
Use of other personal information	9.5	We may use any personal information we hold about you, including your contact details, to:
(a)	assess your ongoing creditworthiness or the status of any account you have with us; or
(b)	determine the level of security required under this contract; or
(c)	collect overdue payments.	Use of other personal information	9.6	We may use any personal information we hold about you, including your contact details, to:
(a)	assess your ongoing creditworthiness or the status of any account you have with us; or
(b)	determine the level of security required under this contract; or
(c)	collect overdue payments.	Updated clause number due to insertion of new clause 9.5 – no change to terms. 	
Disclosure of information	9.6	We may disclose information about you (including your contact details and creditworthiness information) or your metering information, in the circumstances permitted by the Consumer Protection Code or as otherwise permitted or required by law.	Disclosure of information	9.7	We may disclose information about you (including your contact details and creditworthiness information) or your metering information, in the circumstances permitted by the Consumer Protection Code or as otherwise permitted or required by law.		
---	11.3	If we disconnect or restrict your supply under this clause, you must pay any applicable fee shown in the relevant Schedule of Charges.	---	11.3	If we disconnect or restrict your supply under this clause, you must pay any applicable fee shown in the Schedule of Charges.	Amended to remove reference to multiple schedules of charges. 	
---	11.5	A fee applies for reconnection or restoration of full supply, as shown in our relevant Schedule of Charges.	---	11.5	A fee applies for reconnection or restoration of full supply, as shown in our Schedule of Charges.		
Miscellaneous
Changes to this contract	14.1	We may make changes to this contract from time to time as permitted by the Utilities Act 2000.  Notice of the changes will be published in the Canberra Times, and a free copy of the changes will be available on request or from our website.	Miscellaneous
Changes to this contract	14.1	We may make changes to this contract from time to time as permitted by the Utilities Act 2000.  Notice of the changes will be published in the Canberra Times, and a free copy of the changes will be available on request or from the ActewAGL website at www.actewagl.com.au.	Updated to include website reference. 	

Schedule 1

Current wording	Proposed wording	Explanation	
Access to our equipment	1.1	You must ensure our employees, contractors and agents have unhindered access to the water meter to read, test, replace or repair the meter, as well as unhindered access to any other of our infrastructure on your land.  Except in an emergency, we must give you 7 days written notice of access to your land to repair or replace our equipment.  Notice is not required in an emergency or for entry to land to read meters.	Access to our equipment	1.1	You must ensure our employees, contractors and agents have unhindered access to the water meter to read, test, replace or repair the meter, as well as unhindered access to any other of our infrastructure on your land.  Except in an emergency, we must give you at least 7 days written notice of access to your land to repair or replace our equipment.  Notice is not required in an emergency or for entry to land to read meters.	Amended to be consistent with legislative requirement. 	
Protection of our network	1.8	You must not without reasonable excuse, place or keep above or adjacent to an underground part of the water and sewerage network, any corrosive, abrasive, heavy or harmful material or substance that is likely to damage the network or endanger its safe or efficient operation.	Protection of our network	1.8	You must not without reasonable excuse, place or keep above or adjacent to an underground part of the water and sewerage network, any corrosive, abrasive, heavy or harmful material or substance that is likely to damage the water and sewerage network or endanger its safe or efficient operation.	Amended to use consistent terminology. 	
---	1.9	You may not damage the water and sewerage networks by excavating or conducting other work on the network, or entering a network facility without reasonable excuse.	---	1.9	You must not damage the water and sewerage networks by excavating or conducting other work on the network, or enter a network facility without reasonable excuse.	Amended for clarity. 	

Schedule 2

Current Definition wording	Proposed Definition wording	Explanation	
ACTEW	ACTEW Corporation Limited ABN 86 069 381 960	ACTEW (we us our)	ACTEW Corporation Limited ABN 86 069 381 960	Clarification of the terms “we”, “us” and “our” as used in the contract	
ActewAGL	the distribution arm of the ActewAGL joint venture, which is a partnership between ACTEW Distribution Limited and Alinta GCA Pty Ltd, trading as ActewAGL Distribution.	ActewAGL 	the distribution arm of the ActewAGL joint venture, which is a partnership between ACTEW Distribution Limited and Jemena Networks (ACT) Pty Ltd, trading as ActewAGL Distribution, including the ActewAGL Retail partnership to the extent that the Retail partnership provides services, such as billing, to ActewAGL Distribution.	Name change to one of the partner companies. Also making clear that ActewAGL Retail is involved in some aspects of service provision by ActewAGL Distribution.	
Energy and Water Consumer Council	means the council established under Part 11 of the Utilities Act 2000, which is a consumer protection and advisory body for utility services in the ACT.	Energy and Water Consumer Council	means the council which is a consumer protection and advisory body for ACT utility services, or any successor to it. 	Amendment in anticipation of the new Civil and Administrative Tribunal which will absorb the EWCC. 	
interest	for a period means the amount calculated in accordance with the Supreme Court interest rate(s) for post-judgment interest applying for that period, as set by the court from time to time under section 70 of the Supreme Court Act 1933.	interest	for a period means the amount calculated in accordance with the Supreme Court interest rate(s) for post-judgment interest applying for that period, as set from time to time by the Court Procedure Rules 2006.	Updated legislation reference.	
Schedules of Charges	the schedule of fees and charges for the supply of water and sewerage services published by us from time to time and the separate schedule of charges for connection to water and sewerage services.	Schedule of Charges	the schedule of fees and charges for the water and sewerage services, published by us and in force from time to time.	Amended for clarity and also to remove plurality as there is only one Schedule.  The contract has been amended throughout to reflect the singular – we have not included every amended occurrence in this table. 	
supplier’s licence	our licence or licences to supply water, and to provide sewerage services, through the water and sewerage network, issued under the Utilities Act 2000.	supplier’s licence	our licence or licences to provide water services, and to provide sewerage services, through the water and sewerage network, issued under the Utilities Act 2000.	Amended to incorporate new definition. 	
		water services	means the utility services listed in section 11 of the Utilities Act 2000; other than the supply of recycled (or “non-potable”) water.	Aligning a  contract term with the term used in the Utilities Act.	
		We, us, our	ACTEW	New definitions.  The terms we, us, our have been individually defined as well as being referred to in the definition of ACTEW.