Document ID: chunk:federal_register_of_legislation:F2023L00994:reg:40:p1
Version: federal_register_of_legislation:F2023L00994
Segment Type: reg
Provision Reference: reg 40 (pt 1/2)
Character Range: 70857–73506

40  Supplier to report information to Commission—retailers
 (1) A person (the supplier) contravenes this subsection if:
 (a) the supplier is a covered supplier; and
 (b) at the time immediately after the end of the transition period, the supplier was covered by subsection (4) of this section; and
 (c) the supplier fails to give the Commission a notice, within 3 business days, that complies with subsections (5) and (9).
 (2) A person (the supplier) contravenes this subsection if:
 (a) the supplier is a covered supplier; and
 (b) at a time after the end of the transition period, the supplier starts to be covered by subsection (4) of this section; and
 (c) the supplier fails to give the Commission a notice, within 3 business days, that complies with subsections (5) and (9).
 (3) A person (the supplier) contravenes this subsection if:
 (a) the supplier is a covered supplier; and
 (b) at a time after the end of the transition period, the supplier ceases to be covered by subsection (4) of this section; and
 (c) the supplier fails to give the Commission a notice, within 3 business days, that states that fact and complies with subsection (9).
 (4) For the purposes of subsections (1), (2) and (3), a supplier is covered by this subsection if the supplier:
 (a) holds a retailer authorisation (within the meaning of the National Energy Retail Law as it applies in a State or a Territory); or
 (b) is a retailer (within the meaning of the Electricity Industry Act 2000 (Vic.)); or
 (c) holds a licence authorising the person to sell gas by retail under the Gas Industry Act 2001 (Vic.).
 (5) For the purposes of subsections (1) and (2), a notice given by a supplier complies with this subsection if it:
 (a) states that it is given for the purposes of this section; and
 (b) if paragraph (4)(a) or (c) applies to the supplier—includes a copy of the retailer authorisation or licence mentioned in that paragraph; and
 (c) if paragraph (4)(b) applies to the supplier—includes a link to a publicly available website that allows access to the text of the supplier's retailer's licence (within the meaning of the Electricity Industry Act 2000 (Vic.)); and
 (d) sets out information demonstrating that no more than 50 per cent of the annual turnover of the supplier during the most recent financial year ending before the time mentioned in paragraph (1)(b) or (2)(b) (as the case may be), to the extent that it is attributable to business operations related to the production, supply and acquisition of gas, is attributable to a business of producing regulated gas carried on by the supplier; and
 (e) sets out information of a kind specified in a