Gas Marketing Code of Conduct 2022 (WA)

Western Australia Energy Coordination Act 1994 Gas Marketing Code of Conduct 2022 Western Australia Gas Marketing Code of Conduct 2022 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 Part 2 — Marketing Division 1 — Retailer obligations 4. Retailers must ensure gas marketing agents comply with Part 5 Division 2 — Contracts and information to be provided to small use customers 5. Entering into standard form contract 5 6. Entering into non‑standard contract 7 Division 3 — Marketing conduct 7. Standards of conduct 9 8. Contact for purposes of marketing 10 9. Compliance with signs 11 Division 4 — Miscellaneous 10. Compliance with code 11 11. Presumption of authority 12 12. Gas marketing agent complaints 12 13. Records must be kept 13 Part 3 — Repeal 14. Gas Marketing Code of Conduct 2017 repealed 14 Notes Compilation table 15 Defined terms Energy Coordination Act 1994 Gas Marketing Code of Conduct 2022

Part 1 — Preliminary

1. Citation This code is the Gas Marketing Code of Conduct 2022.

2. Commencement This code comes into operation as follows — (a) Part 1 — on the day on which this code is published in the Gazette; (b) the rest of the code — on 1 July 2022.

3. Terms used In this code — alternative tariff, for a small use customer, means a tariff other than the tariff under which the customer is currently supplied gas; AS, followed by a designation, means an Australian Standard having that designation that is published by Standards Australia; Australian Consumer Law (WA) has the meaning given in the Fair Trading Act 2010 section 17(1); business day means a day other than a Saturday, a Sunday or a public holiday throughout the State; Compendium means the Compendium of Gas Customer Licence Obligations prepared and administered by the Authority; complaint means an expression of dissatisfaction made to or about an organisation, related to its products, services, staff or the handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required; concession means a concession, rebate, subsidy or grant, available to residential customers only, in relation to the supply of gas; contact means contact that is — (a) face to face; or (b) by telephone; or (c) by post or facsimile; or (d) by email or other means of electronic communication; contract means a standard form contract or a non‑standard contract; cooling‑off period, in relation to a contract, means the period specified in the contract as the cooling‑off period; distributor, in relation to a small‑use customer who has entered into a contract, means the person who holds the distribution licence under Part 2A of the Act for the system through which gas is supplied to the customer under the contract; gas industry ombudsman means the Energy and Water Ombudsman Western Australia performing the function of gas industry ombudsman under a scheme approved under Part 2D of the Act and an agreement under the Parliamentary Commissioner Act 1971 section 34; gas marketing agent — (a) means a person who acts on behalf of a retailer — (i) for the purpose of obtaining new customers for the retailer; or (ii) in dealings with existing customers in relation to contracts for the supply of gas by the retailer; and (b) includes a representative, agent or employee of a person referred to in paragraph (a); but (c) does not include a customer representative; marketing identification number means a unique number assigned by a retailer to each gas marketing agent acting on its behalf; National Interpreter Symbol means the national public information symbol "Interpreter Symbol" (with text) developed by the State of Victoria in partnership with the Commonwealth, State and Territory governments in accordance with AS 2342‑1992; non‑standard contract has the meaning given in section 11WB of the Act; residential customer means a small use customer who consumes gas solely for domestic use; retailer means a person who holds a trading licence under Part 2A of the Act; standard form contract has the meaning given in section 11WB of the Act; unsolicited consumer agreement has the meaning given in the Australian Consumer Law (WA) section 69; verifiable confirmation means confirmation that is given to a retailer or a gas marketing agent — (a) expressly; and (b) in writing or orally; and (c) by a small use customer or a nominated person competent to give the confirmation on the customer's behalf; verifiable consent means consent that is given to a retailer or a gas marketing agent — (a) expressly; and (b) in writing or orally; and (c) by a small use customer or a nominated person competent to give the consent on the customer's behalf; and (d) after the retailer or gas marketing agent (whichever is relevant) has, in plain language appropriate to the customer, disclosed all matters materially relevant to the giving of the consent, including each specific purpose for which the consent will be used. Note for this clause: A term used in this code has the same meaning as it has in the Energy Coordination Act 1994. See the Energy Coordination Act 1994 sections 3 and 11ZPL in particular, and the Interpretation Act 1984 section 44.