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NSW natural gas contract

This document sets out the terms of our supply contract with you.

Scope of the Customer Contract and Charter

Information and communication

Connection and supply standards

Price plans, billing and financial transactions

Suspension and refusal to supply

Guaranteed customer service standards

Schedule of charges

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Scope of the Customer Contract and Charter

About ActewAGL's New South Wales Customer Contract

This contract is the standard form contract for the supply of natural gas between the ActewAGL Retail Partnership (ActewAGL) and you as our customer. You have the right to accept alternative terms and offers if you wish, and if you do so the terms of this standard contract will not apply. You can contact us to see or obtain a copy of all or part of this contract by calling 13 18 86 or visiting our website www.actewagl.com.au or the ActewAGL Home Connect Store, 182-200 City Walk, Canberra City, ACT, 2600.

If you have not signed a separate negotiated contract for the supply of natural gas then your use of natural gas will be governed by this contract. We may amend this contract without your prior consent by publishing details of the amendments (following consultation with any relevant customer council).

If we terminate the supply of natural gas to your supply address, this does not affect your rights or obligations that existed before the date of termination and you will continue to have access to our complaints and dispute resolution process.

Customer protection

Any previous Customer Service codes and the Australian Gas Association (AGA) Natural Gas Customer Service Code of Practice do not apply to this contract. This is because the Gas Supply (Natural Gas Retail Competition) Regulation 2001 takes the place of these codes in setting out standards for the supply of natural gas to small retail customers.

The ActewAGL Customer Charter

We will send each customer an ActewAGL Customer charter, which summarises in a customer-friendly manner your rights under this contract, and information about our services. The terms of this contract apply should there be any inconsistency between the contract and the charter.

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Information and communication

Information we require from you

You must tell us your name and address and provide acceptable identification before natural gas is supplied to your supply address. You must also advise us promptly if there is any change in:

  1. responsibility for paying the supply account;
  2. your contact details;
  3. the major purpose of using natural gas at your supply address;
  4. access to the meter; or
  5. the internal natural gas pipes or appliances which may affect the quality or safety of natural gas supply.

Our obligations under this contract are subject to you providing us with this information and we may not be able, or may refuse, to supply natural gas if you do not provide this information.

Privacy and confidentiality

We require the personal information set out above for the primary purpose of supplying you with natural gas according to this contract and for the related purposes of billing and account management, business planning and development, product development, and providing you with information about the goods or services of other members of the ActewAGL group, and offers from other organisations that we consider may be attractive to you. If you do not wish to receive any marketing information or offers from us, please let us know by calling 13 18 86. On request, we will provide you with access to any personal information we hold about you, unless we are permitted or required by any law to refuse such access. You should contact us to make an access request.

You authorise us to use and disclose personal information about you for the primary and related purposes set out above, and to exchange personal information about you with members of the ActewAGL group, our agents, contractors and franchisees, any party acting on our behalf in relation to this contract, the Distributor and any metering provider or market operator, other suppliers of natural gas (including for the purposes of implementing last resort supply arrangements), and any other persons or organisations with whom we have established commercial relationships and who provide products or services related to the supply of natural gas to you under this contract.

Without limiting this section, we may make the consumption history at the supply address available to the Distributor, together with any other information reasonably required to distribute natural gas to you, and we may disclose any information about you to another supplier for the purpose of implementing last resort supply arrangements.

We may also be permitted or required to use or disclose personal information about you (including your name, address and other details) including disclosure to law enforcement agencies, for use or disclosure under a court order, or use or disclosure to prevent injury or to investigate suspected fraud or other unlawful activities.

To the extent permitted by law, we may exchange information about your creditworthiness, credit standing, credit history or credit capacity with credit reporting agencies, other credit providers, the Distributor or other suppliers, or our agents, contractors and franchisees.

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Information we may provide to you on request

On your request, we will supply the following information:

  1. reasonable information about our price plans including the alternative price plans that may be available to you;
  2. our requirements relating to installation standards and supply extensions;
  3. free information and advice on the most cost-effective way to use natural gas, how you can arrange to have an energy audit (including the costs of such audit), and the typical running costs of major domestic appliances;
  4. a large print version (for persons with visual impairment) of this contract, free of charge;
  5. multi-lingual translation through an independent interpreter service to meet your reasonable needs; and
  6. information about our complaints handling process and external dispute resolution bodies.

We will also provide you with information in each bill and further information on request as set out below.

Form of notices

Except where a particular method of communication is specified in this contract or required by law:

  1. any communication between us under this contract may be in writing, by telephone or by electronic means such as email to an agreed address; and
  2. any communication under this contract required to be in writing may be delivered by facsimile or any other electronic means capable of generating a delivery confirmation report.

Complaints and dispute resolution

You may make an enquiry or complaint to us about any decision we have made in relation to our supply of natural gas under this contract. We will manage enquiries and complaints made by you in accordance with the ActewAGL complaints handling and dispute resolution procedure, which complies with Australian Standard 4269-1995 Complaints Handling, and is available free of charge on request and is outlined below:

  1. you may telephone us on the number set out on your bill in order to notify us of any enquiry or complaint, and we will try to resolve your enquiry or complaint through informal negotiations over the telephone;
  2. where you are not satisfied with the way we have dealt with your enquiry or complaint over the telephone, or where you prefer to write to us, you may write to us and formally notify us of your original enquiry or complaint and your request for a review. We will review your enquiry or complaint and respond to you in writing within 28 days with our decision;
  3. where you are not satisfied with the response received from your first point of contact (whether over the telephone or by written complaint), you may have the enquiry or complaint reviewed at a higher level. This process elevates your enquiry or complaint through to the appropriate Manager, by telephone or in writing as you prefer;
  4. we are a member of the Energy and Water Ombudsman NSW Scheme (EWON). Where you are not satisfied with our review and written response to your enquiry or complaint, you may contact the Ombudsman for further review. The Energy and Water Ombudsman provides a free service and can be contacted by the following means:
     

    in person:

    Level 14, 323 Castlereagh Street, Sydney, NSW

    mail:

    PO Box K1343, Haymarket, NSW, 1240

    telephone:

    1800 246 545

    fax:

    1800 812 291

Where any services or work are required in response to an enquiry or complaint, we will endeavour to commence the services or work within 20 business days.

Where you are not the owner of the supply address

Where you are not the owner of the supply address, we may require you to seek to have the owner of the supply address fulfil your obligations under this contract. Your obligation as a tenant is only to request the owner to fulfil the obligation, but our obligations to you are conditional on that person agreeing to do so where that is necessary to enable us to carry out our obligations.

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Connection and supply standards

Establishing natural gas supply — existing conditions

Where there is an adequate supply of natural gas available at the boundary of a supply address which has previously been supplied by us or another supplier, we will use our best endeavours to connect the supply address and commence supply of natural gas within 1 business day if:

  1. you provide acceptable identification, billing details, and information concerning the appliances installed at the supply address and the anticipated usage of the appliances;
  2. the pipework and appliances at the supply address are certified as complying with the necessary standards and legislation, and there is a meter available for our use;
  3. you apply before 3.00pm on the business day before you require connection;
  4. where you are not the owner of the property, you provide us with the consent of, or contact numbers for the property owner or agent;
  5. we are satisfied that there is suitable access to the supply address, and to the meter and equipment at the supply address;
  6. you provide, if requested by us, a refundable advance or security deposit or a bank guarantee, or enter into a payment arrangement (see section "Refundable advances or security deposits" for further details); and
  7. you have paid or arranged to pay all amounts owing by you to us for natural gas supply other than a debt which is in dispute.

We or the Distributor will provide, install, and maintain the equipment necessary to supply natural gas to your supply address, including the meter and associated equipment. The meter will be located in an accessible location, taking your wishes into account.

Establishing supply — new connections

If natural gas is not already connected to a supply address, we will use our best endeavours to commence supply of natural gas within 20 business days of your application or a date agreed with you if:

  1. there is an adequate supply of natural gas available at the proper volume and pressure at the boundary of the supply address;
  2. the Distributor makes a connection to the gas network available at your address;
  3. you pay the quoted cost of making supply available;
  4. you provide acceptable identification, billing details, and information concerning the appliances installed in the supply address and the anticipated usage of the appliances;
  5. the pipework and appliances at the supply address are certified as complying with the necessary standards and legislation;
  6. where you are not the owner of the property, you provide us with the consent of, or contact details for the property owner or agent;
  7. you provide on request a refundable advance or security deposit or a bank guarantee, or enter into a payment arrangement (see "Refundable advances or security deposits" for further details); and
  8. you have paid or arranged to pay all amounts owing by you to us for natural gas supply other than a debt which is in dispute.

We or the Distributor will provide, install, and maintain the equipment necessary to supply natural gas to your supply address, including the meter and associated equipment. The meter will be located in an accessible location, taking your wishes into account.

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Your obligations in using natural gas

Our obligations under this contract are subject to you complying with the following requirements:

  1. you cannot allow natural gas directed to your supply address to be used at another address, or take at your supply address any natural gas directed to another address;
  2. you cannot supply natural gas to any other person unless specifically agreed to by us in writing or unless permitted by regulatory requirements;
  3. you must not tamper with or bypass, or permit anyone else to tamper with or bypass, the meter or associated equipment;
  4. if we supply natural gas to you under a residential price plan, you cannot use the natural gas for a non-residential purpose other than a home office; and
  5. if we supply natural gas to you under a specific purpose price plan, you cannot use the natural gas for another purpose.

If you obtain natural gas for use at the premises covered by this contract other than as permitted by this contract we may take action to disconnect supply, estimate the usage for which you have not paid and take debt recovery action for the unpaid amount and any disconnection and reasonable legal costs. If your actions result in damage to our equipment, we may recover from you the costs of repair or replacement of that equipment together with reasonable investigation and legal costs and costs of disconnection.

If you were supplied with natural gas by us other than under a customer supply contract immediately before the commencement of natural gas supply under this contract, you are liable under this contract to pay any amount unpaid in relation to that period of supply.

You agree to comply with the following requirements to enable us to provide you with a reliable safe supply of natural gas:

  1. you will keep the natural gas installation at your supply address in safe condition;
  2. you will protect our and the Distributor's equipment from damage and interference;
  3. you will provide safe, convenient and unhindered access to enable work on the distribution system to be carried out;
  4. you will not allow a person other than someone you reasonably believe to be an accredited natural gas installer to perform work on a natural gas installation;
  5. you will not use natural gas supply in a manner that may interfere with the distribution system or supply to any other natural gas installation or cause damage or interference to a third party; and
  6. you will not interfere or allow someone to interfere with the distribution system which delivers natural gas to the supply address, or with any metering equipment at the supply address.

You also agree to give us and the Distributor safe, convenient and unhindered access to the supply address for the following purposes:

  1. to read the meter;
  2. to connect or disconnect supply;
  3. to inspect or test natural gas installations; and
  4. to inspect, repair, test or maintain the distribution system.

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Our responsibilities in supplying gas to you

Distribution standards

We will supply you with natural gas that complies with the standards laid down by the government's regulatory requirements and industry codes.

On request, we will provide you within 10 business days with:

  1. a copy of the applicable distribution standards at a charge to cover printing and postage;
  2. an explanation for a change in the quality of the supply of natural gas outside the limits allowed by the distribution standards;
  3. advice on protection of our equipment and the distribution system; and
  4. advice on using natural gas supply so that it does not interfere with the distribution system or with supply to any other natural gas installation.

Supply interruptions

We will provide a reliable supply of natural gas to you in accordance with the distribution standards.

The Distributor or we may interrupt supply for maintenance or repair, for installation of a new connection, in an emergency, or for health and safety reasons. In this case we will provide a 24-hour telephone number so you can obtain details of the interruption and its expected duration.

At your request, we will explain any unplanned maintenance and/or interruption to supply at the supply address. We will provide that explanation in writing if you so request. We will provide you with the explanation within 5 business days of obtaining the explanation from the Distributor.

Where supply is interrupted and it is reasonably within our power to remedy the disruption, we will commence services or work to remedy the disruption within two business days.

Notice of work

If we or the Distributor wish to undertake inspections, repairs, testing or maintenance of the distribution system at your supply address we will give you prior notice except in the case of emergency, suspected illegal use or routine meter replacements.

If the work relates to planned maintenance, we will give you at least four days notice. In any other case, we will give you at least 24 hours notice.

Identification

If the Distributor or we require access to your supply address, the representative will have official identification, which they will show you.

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Price plans, billing and financial transactions

Price plans

ActewAGL will observe any gas pricing orders made by, or any alternative pricing principles agreed with, the Independent Pricing and Regulatory Tribunal and will charge no more than the maximum charge specified in the order(s) or determined in accordance with the principles.

We will publish a notice of our price plans and any variations to them on our website www.actewagl.com.au and in a newspaper or newspapers circulating in the relevant areas. Any such notice will include a statement of the new rates or the amount of the variation and will specify the date that the variation will take effect (being a date after the date of the notice). If you are affected by a variation in your price plan you will also be notified as soon as practicable after publication of the price plan, and no later than your next bill.

The charges payable under this contract will be according to the price plans specified above or as otherwise specified in this contract and will generally include:

  1. a supply fee or minimum bill payable on either:
    1. quarterly, and pro-rated where the period of supply is at least four days more or less than the applicable usual billing period; or
    2. monthly, and pro-rated where the period of supply is at least two days more or less than a month.
  2. a natural gas usage charge, calculated by multiplying the rate per megajoule by the amount of natural gas consumed during the relevant period (different rates may apply to different quantities of natural gas); and
  3. an establishment fee and any other charges that reflect our cost of providing or arranging services under this contract, as set out in this contract and its schedule or otherwise agreed with or notified to you.

You are not liable to pay any of the above charges unless the amount of, or basis for the calculation of the amount of, the charge is set out in this contract.

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Transfer to a different price plan

Where we offer more than one price plan to a class of customers and you wish to change your price plan, we will transfer you to another price plan provided that:

  1. you meet the conditions under which the price plan is offered; and
  2. you apply to be transferred.

We will advise you of the result of your application within 5 business days. If the transfer to another price plan involves the installation of new metering equipment, we will make an offer to supply you at the new price plan within 5 business days of approval of your application, or after receipt of all the information we need to make the offer.

When you transfer from one price plan to another, the new price plan will take effect from the date of the previous meter reading at the old price plan or, where the meter is changed, from the date that the change is completed.

Bills

We will issue a bill every three months or month to the address nominated by you or a person authorised to act on your behalf.

We will include the following details on each bill:

  1. your name and bill number, the address of your supply premises and any relevant mailing address;
  2. your Delivery Point Identifier and checksum where applicable;
  3. the dates on which the billing period began and ended;
  4. the total charges payable;
  5. the charges for all services provided or arranged by us, separated into charges for natural gas supply and charges for any other services and goods;
  6. the pay-by date for the bill;
  7. any unpaid amounts and the due date for payment of those amounts;
  8. the amount of any credit received from you;
  9. any amount deducted, credited or received under any government-funded rebate or relief scheme or any payment plan operated by us;
  10. the payment methods available for the bill;
  11. the name of, and details of the availability of, any government-funded rebate or relief scheme;
  12. contact details for our bill and payment enquiries service and a 24-hour telephone number for faults and difficulties;
  13. details of the availability, costs and refunds relating to meter reliability tests;
  14. in community languages, information about the availability of interpreter services for the languages concerned and telephone numbers for the services; and
  15. if you request it, particulars of the amount of any security deposit of yours that is held by us.

We will also include the following information relating to natural gas consumption in each bill:

  1. details of any meter readings for the period;
  2. the estimated or measured quantity of natural gas supplied;
  3. the rates applicable to the supply;
  4. the average daily consumption during the billing period; and
  5. if we supplied you with natural gas during the corresponding period in the previous year, the average daily consumption for that period.

If we provide goods or services in addition to the supply of natural gas, those items may be billed separately from your regular gas supply bill. If however the bill for those goods and services is included with your regular bill, then we will include the charges for such goods and services as separate items on the bill. We will apply payments for those goods or services as you direct or, if you do not direct how to apply payment, we will apply payment to charges related to the supply of natural gas first and then to the additional goods or services.

All of our published price plans and other advertised prices include GST, where GST applies. However, our bills will set out the GST-exclusive rate to which GST will be added, where applicable.

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Basis of bills

Your bill will be based on the amount of natural gas identified as having been delivered to your supply address. This amount will be derived from consecutive meter readings (which will occur at least every six months) except in the following circumstances:

  1. if we find that the meter has ceased to correctly register, or natural gas has been supplied without passing through a meter, we may estimate the natural gas supplied for any period up to six months beforehand except in the case of deliberate bypass or fraud in which case a longer estimation period may apply;
  2. if there is no meter reading available for any period, we may estimate the natural gas supplied for that period;
  3. if we or the Distributor or metering agent cannot obtain access to the meter, we will ask you to elect to pay an amount estimated by us or to pay an amount based on our determination after we can access the meter; and
  4. if we agree, we may base the amount payable on a meter reading provided by you.

Any estimation will be based on your historical meter data or, if we do not have that data, the average daily consumption for the same class of customer, calculated for the period covered by the bill. We will reconcile any charges paid by you with the consumption measured if and when meter readings become available.

If you have changed your price plan, or if the price plan rate changes during a billing period, we will calculate your bill on the following basis:

  1. the natural gas for the whole of the billing period will be charged at the rate applicable at the end of the period; and
  2. if the price at the end of a period is higher than at the start of a period, we will deduct an adjustment component for each price variation that occurred during that period. We will deduct an adjustment component calculated for the part of the period occurring before the variation, according to the following formula:

    A = (d/n) x (N-C)

    where:

    A    

    is the adjustment component

    d    

    is the number of days in the billing period before the variation (and after any previous variation)

    n    

    is the number of days in the billing period

    N    

    is the amount of the charge for the whole of the billing period, calculated at the rate applicable at the end of the billing period

    C    

    is the amount of the charge for the whole of the billing period, calculated at the rate applicable immediately before the variation took effect

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Information about bills

On your request, we will provide you within a reasonable time and free of charge with:

  1. information about the current status of your bill or account; and
  2. information about meter readings and meter registrations connected with a bill.

On your request, we will provide you within a reasonable time with information about, or copies of, previous bills issued by us. We may charge you for the reasonable costs of supplying a copy of a bill that is more than two years old or where we have already provided information under this paragraph within the last 12 months. We will not provide bills or billing information to anyone apart from you unless you give your written consent or we are required by law to do so.

Review of bills

You may make a complaint to us about your bill or any matter relating to the bill or any charges. We will consider the complaint and may either determine that the bill or amount is correct, or correct the bill or amount.

You may request that we visit the supply address to inspect the meter or otherwise investigate your bill. If we agree to do so and we determine the bill to be correct, we may charge you a High Bill Visit fee as set out in the schedule to this contract.

Meter testing

If we have reviewed a bill or amount at your request and determined it to be correct, you can request that the meter be tested in accordance with all applicable regulations. We will arrange for testing if you pay in advance the reasonable cost of testing, as determined by the Department of Fair Trading or any replacement meter testing authority. Current testing charges are set out in the schedule to this contract.

If the meter is found to be inaccurate by more than the amount allowable in applicable metering standards, we will refund the testing charge. Otherwise, you will be responsible for paying all testing charges and the full amount of your bill.

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If there is an error in a bill

If there are errors in your bill or if we are informed of errors in the amount of natural gas recorded as having been delivered to your supply address, we will refund any amount overcharged or charge you the amount that you were undercharged on the next bill.

If you were undercharged, we will:

  1. only seek to recover amounts undercharged in the 12 months prior to your most recent bill; and
  2. list the amount as a separate item in a special bill or in the next bill in your billing cycle, together with an explanation of the amount.

You will not be charged interest on the amount, and if you request it, we will agree to a payment plan allowing you to pay the undercharged amount in agreed instalments over a period equal to the period in which the undercharging occurred.

If we have undercharged you as a result of fraud, or use of natural gas otherwise than in accordance with this contract and the law, we may take action appropriate to the illegal use of natural gas.

If you have been overcharged by more than $25, we will:

  1. inform you of the overcharging within 10 business days of our becoming aware of the error;
  2. reimburse the amount overcharged in accordance with your instructions (and if no instructions are given, credit the amount on your next bill); and
  3. pay you interest at the prescribed rate.

If you have been overcharged by $25 or less, we will:

  1. credit the amount on your next bill; and
  2. credit interest on that amount at the prescribed rate.

Payments

You are required to pay your bill by the date specified in the bill as the pay-by date. The pay-by date will be at least 12 business days from the date the bill is posted.

We will always offer at least the following payment methods:

  1. by cash, cheque or credit card at our offices or those of our agents;
  2. by post by means of cheque or credit card;
  3. by telephone by credit card;
  4. by direct debit from a cheque, savings or credit card account; and
  5. if you request it, payment in advance.

If you pay by cheque, direct debit or credit card and the payment is dishonoured or reversed by your bank or financial institution, you agree to reimburse us all fees your bank charges us plus our reasonable administrative costs, as set out in the schedule to this contract.

On request, if you are a residential customer, we will provide free of charge information on any concessions, rebates or grants that are available and their eligibility requirements. As at February 2002, the only relevant rebate is the NSW Government's pensioner energy concession, which contributes a fixed amount per year to eligible concession holders' cost of electricity and gas and is applied to the electricity bill only. Contact your electricity supplier with your concession number if you are not currently receiving this rebate.

To the extent permitted by law, we may charge you interest on any amounts owing that are not paid by the pay-by date and which we have not agreed to defer, including through an instalment plan. Any interest charged will accrue daily until the overdue amount is paid in full and will be charged at the prescribed rate. We may also charge you a late payment fee as set out in the schedule to this contract.

If you do not pay any bill by the pay-by date and non-payment gives rise to a right to discontinue supply, we will:

  1. comply with all procedures set out in this contract relating to discontinuation for non-payment (including warnings, discussing options with you and offering payment plans);
  2. if these procedures do not resolve the issue, discontinue supply; and
  3. if payment is not provided within 5 business days, refer the debt to a mercantile agent or debt collection agency.

If the non-payment does not give rise to a right to discontinue supply, we will follow the same procedure but without discontinuing supply, and may take legal action to recover the debt.

We may recover from you our reasonable costs associated with debt recovery under this contract, and may also disclose information relating to your credit to a credit-reporting agency or to other credit providers.

If we or the Distributor are called out to discontinue the supply to your premises for non-payment and you provide payment or make arrangements to pay before the supply premises are disconnected, we may charge a collector call-out fee as specified in the schedule to this contract.

Where we have the right to discontinue the supply to the premises, we may in our discretion elect not to do so based on:

  1. the nature of the grounds under which our right to discontinue arise, including whether these grounds were beyond your reasonable control or were accidental but not negligent;
  2. any factors arising from your history with us, including your conduct under this contract and any previous supply arrangements;
  3. our evaluation of the likelihood that you will fulfil your obligations under this contract in the future; and
  4. the consistent application of ActewAGL's policies applying to similar customers in similar circumstances (including departing from these policies in relevantly different circumstances).

The exercise of our discretion not to discontinue the supply to the premises is not a waiver of our right to do so, and we may decide to discontinue the supply to the premises according to this contract at any time until the grounds for discontinuation are rectified.

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Instalment plans

If you are a residential customer and in our opinion you are experiencing financial difficulties, we will offer you the option of paying on an instalment plan. We may also offer you the option of paying on an instalment plan if you are a business customer.

In offering an instalment plan we will, in consultation with you, develop and agree an individual instalment plan, taking into account your circumstances, including your natural gas usage and capacity to pay the full amount.

If you have trouble paying

If you are a residential customer and you are experiencing difficulty in paying your bill or if you require payment assistance, we will provide:

  1. the option of negotiating an instalment plan (subject to eligibility requirements, which you may contact us to discuss);
  2. information about, and referral to, government assistance programs; and
  3. information about independent financial counselling services.

Direct debit

If we offer you the option of payment directly from your bank account, we will do so on terms that are consistent with the Code of Banking Practice and the Electronic Funds Transfer Code of Conduct. We will not alter the amount (which may include the full bill or an agreed instalment) and the frequency of the direct debits without your agreement.

Shortened billing cycles

We may offer a shortened billing cycle to customers as a financial accommodation. If we do so, then we may charge you for our additional costs in providing this service and for any fees charged to us if you fail to make the periodical payment you agreed to make.

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Refundable advances or security deposits

We may require you to provide a refundable advance or security deposit before connection to supply or continuation of supply.

We may pay interest on your refundable advance or security deposit when it is returned at the rate equal to the rate payable by the Commonwealth Savings Bank on Savings Bank Deposits at call on the same amount.

If you are required to provide a refundable advance or security deposit before connection to supply or continuation of supply, the amount will be, for residential customers, the residential security deposit amount set out in the schedule to this contract. If you are a business customer, the amount of the refundable advance or security deposit will be the business security deposit amount calculated in accordance with the formula set out in the schedule to this contract. For business customers we may also accept a bank guarantee instead of a refundable advance or security deposit.

We may only require a refundable advance or security deposit before establishing a new supply account if:

  1. you are on a price plan that requires a refundable advance or security deposit from every customer on that price plan;
  2. you have left a previous supply address without settling all outstanding amounts on the supply account, and you have not paid the amounts or made an arrangement to pay the amounts;
  3. you are a new customer and cannot provide acceptable identification;
  4. within the past two years you have been found to have been supplied with or used natural gas in breach of regulatory requirements;
  5. you are a new customer and do not have a satisfactory payment record for a supply account in the same name; or
  6. you are a new customer and cannot provide acceptable credit references and have refused, or failed to agree to an instalment plan or other payment option.

If you have an existing supply account, we may require a refundable advance or security deposit when:

  1. you are found within the past two years to have been supplied with or used natural gas in breach of regulatory requirements; or
  2. you do not have a satisfactory payment record for your supply account, and you have refused or failed to agree to an instalment plan or other payment option offered in accordance with applicable supply arrangements.

We will use the refundable advance or security deposit and any accrued interest to offset any amounts outstanding on your account if:

  1. you fail to pay a bill so that we suspend and withhold supply;
  2. you default on a final bill;
  3. you default on a bill and agree to use the refundable advance or security deposit to pay the account so as to avoid suspension of supply; or
  4. you are no longer responsible for the supply account or for continued supply at the supply address.

If you are not on a price plan that requires a refundable advance or security deposit from all customers on that price plan, and if for 2 consecutive years of your billing cycle you have paid your account by the pay-by date on the initial bills, then within 10 business days of the end of the two year period, we will inform you of the amount of refundable advance or security deposit and any interest due. Unless you instruct us otherwise, this amount will be credited to your next bill.

If you have paid a refundable advance or security deposit and request us to cease supplying your address, then within 10 business days of your ceasing to take supply we will inform you of the amount of refundable advance or security deposit and any interest that is available after payment of any outstanding amount due to us. We will credit your supply account at another supply address, unless you instruct us otherwise.

If you have supplied us with a bank guarantee, and it is not a requirement of your price plan, and if for two consecutive years of your billing cycle you have paid your account by the pay-by date on the initial bills, then within 10 business days of the end of the two-year period, we will inform you that the guarantee is no longer required and return it.

If there is a credit balance after payment of outstanding amounts, we will inform you of how the advance was applied and pay you the balance within 10 business days after the application of the advance to your account.

If you are a business customer, we may offer you the alternative of paying a security levy instead of providing a refundable advance or security deposit. The security levy will be a non-refundable payment added to the first bill after you agree to provide the security levy and to the corresponding bill in each subsequent year.

Vacating a supply address

If you wish us to discontinue supply (including because you are vacating the supply address), you must give us at least three business days notice (including a forwarding address if appropriate). If you do not give us this notice, you will be liable for all charges in respect of supply to the supply address until the earliest of:

  1. three business days after we become aware of your desire that supply be disconnected;
  2. the supply being discontinued or otherwise transferred; or
  3. our entry into a new customer supply contract or arrangement in respect of the supply address.

Retailer of last resort scheme

You agree to transfer, or be transferred, to another natural gas supplier if last resort supply arrangements are implemented with respect to you, in which case this contract will terminate. We are not liable to be paid any compensation or other payment by you in respect of any such transfer, including the cost incurred by us in relation to the transfer. However, we may charge you the maximum fee approved by the Minister if you are supplied under this contract under a last resort supply arrangement.

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Suspension and refusal to supply

Non-payment

If you do not:

  1. pay for;
  2. agree to an offer of an instalment plan or other payment option for; or
  3. adhere to your obligations to pay in accordance with an agreed payment plan relating to any charges under this contract or any previous supply arrangement with us, we may:
    1. discontinue supply until a suitable arrangement has been made to pay; and/or
    2. refuse to supply your address in the future.

This may involve physical disconnection of the supply address from the distribution system without further notice beyond any notices required under legislation or regulations.

Refusal of access

If you do not provide access to your supply address, as required by this contract, or if you deny access to the Distributor on 3 consecutive occasions when it has attempted to read the meter we may disconnect supply to your supply address.

Breach of regulatory requirements

If you have obtained supply of natural gas in breach of any regulatory requirement, the Distributor or we may disconnect your supply address from the distribution system without prior notice to you.

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Failure to provide security

If you refuse to pay a refundable advance or security deposit or provide a bank guarantee where they are required, we may discontinue supply to your supply address.

Emergencies

If there is an emergency, we or the Distributor may interrupt supply or disconnect your supply address from the distribution system. In this event, we or the Distributor will provide information about the extent and duration of the interruption on a 24-hour emergency telephone number, and use our best efforts to restore supply as soon as possible.

Limitations on discontinuance

We will not discontinue supply:

  1. for non-payment of a bill or failure to provide security, where you have an application pending for assistance under a government-funded rebate or relief scheme or a payment plan operated by us;
  2. after 3.00pm on a weekday; or
  3. on a Friday, Saturday or Sunday, on a public holiday, or on the day before a public holiday.

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Guaranteed customer service standards

Compliance

This contract and these guaranteed customer service standards comply with the Gas Supply Act 1996, the Gas Supply (Natural Gas Retail Competition) Regulation 2001 and other instruments made under that Act, and other applicable laws.

Telephone hotlines

We will inform you about any relevant local-call-rate telephone service that operates seven days a week and 24 hours a day and can receive notice of, and give information concerning, faults and difficulties in natural gas works.

We will provide a local-call-rate telephone service that operates during business hours and can receive notice of, and give information concerning, your bill and services arranged by us.

No discontinuance of supply except after due notice

If we become authorised to discontinue supply of natural gas to you on grounds arising under this contract or any law, we will not take action to discontinue supply unless:

  1. we have sent you at least two written notices at least one week apart of our intention to do so; and
  2. we have made reasonable attempts to deal with you in person or by telephone, whether before or after sending the notice, for the purpose of helping you do whatever is necessary to remove the grounds for disconnection.

In any notice, and in any dealings with you, we will:

  1. set out the grounds authorising us to take the action proposed;
  2. tell you the date after which supply may be discontinued if those grounds are not removed (being at least 14 days after the first notice);
  3. advise you of your rights under this contract, particularly any rights you may have to refer the complaint or dispute to the Ombudsman; and
  4. if the grounds include your failure to pay for connection or natural gas supply services; advise you of any government-funded rebate or relief schemes relevant to you, and any payment plan we operate.

If all other attempts to deal with you have been unsuccessful, we will make at least one further attempt outside business hours. We will document all action that we take to contact and deal with you, and will not take any action:

  1. until after the date specified in the notice; or
  2. if before that date you request that the complaint be referred to the Ombudsman, until the matter is determined (or if the Ombudsman directs that the action not be taken).

Nothing in this paragraph affects our right to interrupt continuous supply as agreed in this contract, or to prevent us from discontinuing supply at your request.

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Notice to be given to you after discontinuance

If your supply address is disconnected from a distribution system on our request, we will give you a notice telling you that the supply address has been disconnected and setting out:

  1. the grounds on which the supply to the address was discontinued;
  2. a telephone number to contact to discuss the matter with us;
  3. the arrangements you will need to make for recommencement of supply, including any costs payable for recommencement; and
  4. the dispute resolution procedures available in relation to disputes between you and us.

Recommencement of supply

We will recommence the supply of natural gas if:

  1. you rectify the grounds for discontinuance within a reasonable time;
  2. you request that supply be recommenced; and
  3. you pay our reasonable recommencement fee, as set out in the schedule to this contract.

We will use our reasonable endeavours to recommence supply within the following periods:

  1. if your request is made before 3.00pm on a business day, on that day;
  2. if your request is made after 3.00pm on a business day, on the next business day, or if you pay an after-hours connection fee then on that day.

Punctuality in keeping appointments

If we or our representative are more than 15 minutes late for an appointment with you or your representative, we will pay you at least $25 by way of compensation for the delay.

Glossary of terms

Distributor — the person who owns and operates the pipes is the Distributor. ActewAGL supplies you with natural gas, but in doing so, the natural gas is carried through pipes, which are not necessarily owned and operated by ActewAGL.

Prescribed rate — means the rate prescribed under section 95(1) of the Supreme Court Act 1970 for payment of interest on a judgment debt.

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Schedule of charges for Queanbeyan region only — natural gas tariffs

The following rates (from 1.1 to 2.2) apply from 1 April 2008. Accounts issued on or after that date will, where appropriate, be charged on a pro-rata basis.

1

Residential

 GST
exclusive		 GST
inclusive

1.1

Always Home@ActewAGL plan*
 

Supply fee ($/qtr)

37.39

41.12
 

Usage rate (¢/MJ)

1.555

1.7105

1.2

Always Home@ActewAGL Saver plan*
 

Supply fee ($/qtr)

37.39

41.12
 

Usage rate (¢/MJ)

1.555

1.7105

1.3

Always Home@ActewAGL Saver Plus plan
 

Supply fee ($/qtr)

49.31

54.24
 

Usage rate (¢/MJ)

 

 

  • First 4,500 MJ/qtr
  • Thereafter

1.331
1.525

1.4641
1.6775

* The Always Home@ActewAGL plan and Always Home @ActewAGL Saver plan merged on 1 July 2005.


2

Industrial and commercial

 GST
exclusive		 GST
inclusive

2.1

Monthly
 

Supply fee ($/mth)

16.71

18.38
 

Usage rate (¢/MJ)

 

 

 
  • First 50,000 MJ/mth
  • Thereafter

1.464
1.341

1.6104
1.4751

2.2

Quarterly
 

Supply fee ($/qtr)

50.12

55.13
 

Usage rate (¢/MJ)

 

 

 
  • First 150,000 MJ/qtr
  • Thereafter

1.464
1.341

1.6104
1.4751

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The following miscellaneous fees and charges apply from 1 July 2008

3

Miscellaneous fees and charges — NSW (Queanbeyan region)

 GST
exclusive		 GST
inclusive

3.1

Account establishment fee

$22.50

$24.75

3.2

Account establishment fee (pensioners)

$11.10

$12.21

3.3

Collector call fee

$34.00

$37.40

3.4

Disconnection/reconnection fee

$79.70

$87.67

3.5

After-hours reconnection

$114.10

$125.51

3.6

High bill field visit

$55.70

$61.27

3.7

Late payment fee

$11.10

$12.21

3.8

Dishonoured payment

$23.90

$26.29

3.9

Special meter read

$45.40

$49.94

3.10

Network disconnection fee

$116.30

$127.93

3.11

Network reconnection fee

$85.90

$94.49

3.12

Meter testing charges:

  • 12 cubic metres
  • 33 cubic metres
  • 85 cubic metres
  • 300 cubic metres
  • 880 cubic metres

 

$47.80
$68.20
$91.10
$342.50
$913.80

 

$52.58
$75.02
$100.21
$376.75
$1,005.18

3.13

Security deposit:

    
 

  • residential
       (refund after residential bills paid on time for one year)

    		•

    up to 1.5 times the average quarterly account (standard charge $150)

    no GST
     

  • business
       (refund after business bills paid on time for two years)

    		•

    2.5 times the average monthly account

    no GST

    Schedule of charges for the capital region (Boorowa, Goulburn, Yass and Young) — natural gas tariffs

    The following rates (from 1.1 to 2.2) apply from 1 April 2008. Accounts issued on or after that date will, where appropriate, be charged on a pro-rata basis.

    1

    Residential

    		 GST
    exclusive    		 GST
    inclusive

    1.1

    Always Home@ActewAGL plan*
     

    Supply fee ($/qtr)

    42.17

    46.39
     

    Usage rate (¢/MJ)

    1.572

    1.7292

    1.2

    Always Home@ActewAGL Saver plan
     

    Supply fee ($/qtr)

    43.19

    47.51
     

    Usage rate (¢/MJ)

     

     

    • First 5,500 MJ/qtr
    • Thereafter

    1.562
    1.541

    1.7182
    1.6951

    1.3

    Always Home@ActewAGL Saver Plus plan*
     

    Supply fee ($/qtr)

    51.74

    56.91
     

    Usage rate (¢/MJ)

     

     

    • First 4,500 MJ/qtr
    • Thereafter

    1.358
    1.501

    1.4938
    1.6511

    * Available only to customers who are currently taking supply under this tariff


    2

    Industrial and commercial

    		 GST
    exclusive    		 GST
    inclusive

    2.1

    Monthly
     

    Supply fee ($/mth)

    17.59

    19.35
     

    Usage rate (¢/MJ)

     

     

    • First 50,000 MJ/mth
    • Thereafter

    1.531
    1.328

    1.6841
    1.4608

    2.2

    Quarterly
     

    Supply fee ($/qtr)

    52.77

    58.05
     

    Usage rate (¢/MJ)

     

     
    • First 150,000 MJ/qtr
    • Thereafter

    1.531
    1.328

    1.6841
    1.4608

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    The following miscellaneous fees and charges apply from 1 July 2008

    3

    Miscellaneous fees and charges — capital region (Boorowa, Goulburn, Yass and Young)

    		 GST
    exclusive    		 GST
    inclusive

    3.1

    Account establishment fee

    $22.50

    $24.75

    3.2

    Account establishment fee (pensioners)

    $11.10

    $12.21

    3.3

    Collector call fee

    $34.00

    $37.40

    3.4

    Disconnection/reconnection fee

    $79.70

    $87.67

    3.5

    After-hours reconnection

    $114.10

    $125.51

    3.6

    High bill field visit

    $55.70

    $61.27

    3.7

    Late payment fee

    $11.10

    $12.21

    3.8

    Dishonoured payment

    $23.90

    $26.29

    3.9

    Special meter read

    $41.20

    $45.32

    3.10

    Network disconnection/reconnection fee
     
    • meters with capacity of up to 6m3/hr
    • meters with capacity greater than 6m3/hr

    $86.60

    $303.90

    $95.26

    $334.29

    3.11

    Meter testing charges:

    • 12 cubic metres
    • 33 cubic metres
    • 85 cubic metres
    • 300 cubic metres
    • 880 cubic metres

     

    $47.80
    $68.20
    $91.10
    $342.50
    $913.80

     

    $52.58
    $75.02
    $100.21
    $376.75
    $1,005.18

    3.12

    Security deposit:

    		    
     

  • residential
       (refund after residential bills paid on time for one year)

    		•

    up to 1.5 times the average quarterly account (standard charge $150)

    no GST
     

  • business
       (refund after business bills paid on time for two years)

    		•

    2.5 times the average monthly account

    no GST

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    Schedule of charges for Shoalhaven only — natural gas tariffs

    The following rates apply from 1 July 2008. Accounts issued on or after that date will, where appropriate, be charged on a pro-rata basis.

    1

    Residential

    		 GST
    exclusive    		 GST
    inclusive

    1.1

    Always Home@ActewAGL economy tariff
     

    Supply fee ($/qtr)

    38.37

    42.21
     

    Usage rate (¢/MJ)

    1.725

    1.8975

    1.2

    Always Home@ActewAGL Transition tariff (obsolete)
     

    Supply fee ($/qtr)

    31.30

    34.43
     

    Usage rate (¢/MJ)

     

     

    • First 500 MJ/qtr
    • Thereafter

    0.000
    3.029

    0.000
    3.3319

    2

    Industrial and commercial

    		 GST
    exclusive    		 GST
    inclusive

    2.1

    Monthly
     

    Supply fee ($/mth)

    17.77

    19.55
     

    Usage rate (¢/MJ)

     

     

    • First 25,000 MJ/mth
    • Thereafter

    1.870
    1.655

    2.0570
    1.8205

    2.2

    Quarterly
     

    Supply fee ($/qtr)

    53.31

    58.64
     

    Usage rate (¢/MJ)

     

     
    • First 75,000 MJ/qtr
    • Thereafter

    1.870
    1.655

    2.0570
    1.8205

    3

    Miscellaneous fees and charges — NSW (Shoalhaven region)

    		 GST
    exclusive    		 GST
    inclusive

    3.1

    Account establishment fee

    $22.50

    $24.75

    3.2

    Account establishment fee (pensioners)

    $11.10

    $12.21

    3.3

    Collector call fee

    $34.00

    $37.40

    3.4

    Disconnection/reconnection fee

    $79.70

    $87.67

    3.5

    After-hours reconnection

    $114.00

    $125.40

    3.6

    High bill field visit

    $55.70

    $61.27

    3.7

    Late payment fee

    $11.10

    $12.21

    3.8

    Dishonoured payment

    $23.90

    $26.29

    3.9

    Special meter read

    $41.20

    $45.32

    3.10

    Network disconnection fee

    $103.50

    $113.85

    3.11

    Meter testing charges:

    • 12 cubic metres
    • 33 cubic metres
    • 85 cubic metres
    • 300 cubic metres
    • 880 cubic metres

     

    $47.80
    $68.20
    $91.10
    $342.40
    $913.80

     

    $52.58
    $75.02
    $100.21
    $376.64
    $1,005.18

    3.12

    Security deposit:

    		    
     

  • residential
       (refund after residential bills paid on time for one year)

    		•

    up to 1.5 times the average quarterly account (standard charge $150)

    no GST
     

  • business
       (refund after business bills paid on time for two years)

    		•

    2.5 times the average monthly account

    no GST

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