1. An offer to a customer must not require that a customer buy gas from the retailer, in order for that customer to be eligible to enter into an electricity premium solar feed-in tariff contract with that retailer. 

    (For the avoidance of doubt, the Department of State Development, Business and Innovation would not recommend to the Minister for Energy and Resources that an offer be referred to the Essential Service Commission under section 40I of the Electricity Industry Act 2000 by reason only that the offer required a person be an electricity customer of the retailer in order to be eligible to enter into an electricity premium solar feed-in tariff contract with that retailer).
  2. An offer to a customer must state that the retailer will, as a minimum, credit the customer for any qualifying solar energy generation electricity supplied under the premium solar feed-in tariff contract with the same frequency as the customer is billed for electricity supplied to the customer by that retailer.
  3. An offer must:
    1. identify all foreseeable additional costs related to the premium solar feed-in tariff contract which the customer will pay and, for each cost, must either state the amount or specify that the retailer will inform the customer of the amount on request prior to entering the contract; and
    2. state whether any available or assignable Renewable Energy Certificates relevant to the premium solar feed-in tariff contract are part of the premium solar feed-in tariff contract offer.
  4. An offer to a customer must as a minimum: specify that the retailer will credit the customer, for electricity supplied by the customer under a premium solar feed-in tariff contract, at a rate not less than $0.60 per kilowatt-hour, including any GST if applicable.
    1. if requested by the customer, the retailer will make a request to the relevant distributor to connect the customer's qualifying solar energy generating facility to the distributor's distribution system as soon as practicable after the customer satisfies clause 1 of the Energy Retail Code with respect to the premium solar feed-in tariff contract. The request will include details of any necessary metering. The retailer will make the request by no later than the next business day after receiving from the customer all documentation required under the Electricity Safety Act 1998 and all documentation reasonably required by the retailer or the relevant distributor. Documentation must include details of any appropriate network tariff reassignment;
    2. unless the customer gives explicit informed consent, the retailer will base a premium solar feed-in tariff credit on a reading of the customer's NEM-compliant meter that records the supply of electricity from the customer to the distribution system, and in any event, the retailer will use its best endeavours to ensure that the meter is read at least once in any 12 month period. For the avoidance of doubt, a retailer does not breach this criterion if the retailer is unable to read a meter in any relevant period as a result of the customer breaching criterion 5(j) or some other event outside the retailer's control;
    3. if the retailer is not able to reasonably or reliably base a premium solar feed-in tariff credit on a reading of the meter, the retailer will not apply a credit unless the relevant distributor estimates the generation in accordance with applicable regulatory instruments;

      the retailer will not extinguish premium solar feed-in tariff credits where the premium solar feed-in tariff credit is not based on an actual meter reading and/or where the bill for the billing period that the credit is associated with has not been issued to the customer.
      For the avoidance of doubt, a retailer does not breach this criterion if the retailer is unable to read a meter in any relevant period as a result of the customer breaching criterion 5(j) or some other event outside the retailer's control;
    4. the retailer will review a premium solar feed-in tariff credit to a customer at the customer's request, to be conducted on the basis specified in clause 6.1 of the Energy Retail Code;
    5. if the retailer seeks to bill a customer to make up overcrediting the customer for electricity supplied by the customer, the retailer is to proceed on the basis specified in clause 6.2 of the Energy Retail Code;
    6. if the retailer has under-credited a customer for electricity supplied by the customer, the retailer will credit the amount to the next bill issued to the customer after the retailer becomes aware of the undercrediting proceeding on the basis specified in clause 6.3 of the Energy Retail Code.
    7. if an event occurs which is outside the reasonable control of the retailer or a customer (i.e. force majeure event) and the retailer or the customer breaches their premium solar feed-in tariff contract due to this event only, the breach is to be dealt with on the basis specified in clause 18 of the Energy Retail Code;
    8. the terms and conditions of the premium solar feed-in tariff contract between the customer and the retailer may only be varied by agreement in writing between the customer and the retailer;
    9. the customer's explicit informed consent is required to vary from the provisions listed in this Criterion number 5;
    10. the customer will allow the retailer, the responsible person or the retailer's or responsible person's representative safe, convenient and unhindered access to the relevant address and to the meter that records the supply of electricity from the customer to the distribution system, for the purpose of reading the meter and for connection, disconnection, reconnection, maintenance and repair. The retailer, the responsible person, or the retailer's or responsible person's representative will carry or wear official identification and, on request, will show that identification to the customer;
    11. the customer will inform the retailer as soon as possible of any relevant change to contact details;
    12. the premium solar feed-in tariff rate will be set at not less than $0.60 per kilowatt hour for the duration of the premium solar feed-in tariff contract;
    13. on request, the retailer will provide the customer with reasonable information on any premium solar feed-in tariff offers the retailer may make to the customer. The information must be given within 10 business days of the customer's request, and if the customer requests it, in writing;
    14. the retailer must retain a customer's historical premium solar feed-in tariff crediting data for at least two years, even if the customer's contract with the retailer to supply electricity to the distribution system and the customer's contract to buy electricity from the retailer may have terminated;
    15. the retailer must process a customer's request for historical data relating to a premium solar feed-in tariff contract in the same manner as a request for historical data relating to a supply of electricity to the customer under clause 27.2 of the Energy Retail Code;
    16. a complaint by a customer in relation to a premium solar feed-in tariff contract will be handled by the retailer in accordance with the relevant Australian Standard on Complaints Handling or the "Benchmark for Industry Based Customer Dispute Resolution Schemes" published by the Department of Industry, Tourism and Resources (Cth). The retailer will proceed in the manner specified in clause 28.2 of the Energy Retail Code;
    17. the customer and retailer may agree a commencement date for the premium solar feed-in tariff contract, but the contract does not commence until the customer has given explicit informed consent;
    18. a customer may terminate a premium solar feed-in tariff contract with the retailer without notice and if the premium solar feed-in tariff contract is a fixed term contract or an evergreen contract, the retailer may impose an early termination fee in the manner specified in clause 24.1(d) of the Energy Retail Code. Despite the notice period, the termination does not become effective until:
      1. if the customer and the retailer enter a new feed-in contract, the expiry of any cooling-off period in respect of the new feed-in contract;
      2. if the premium solar feed-in tariff contract is terminated because the customer wants to enter a feed-in contract with another retailer, the date when the other retailer becomes responsible for the feed-in contract; or
      3. if a contract for the supply of electricity to the customer is terminated with regard to a relevant supply address having been disconnected, the date when the customer no longer has a right under the Energy Retail Code to be reconnected: (whichever occurs last);
    19. the retailer must not terminate a premium solar feed-in tariff contract with a customer unless the retailer and the customer enter into a new feed-in contract, or the customer has transferred to another retailer in respect of the address relevant to the premium solar feed-in tariff contract, except in the circumstances specified under assessment criteria 5x), 5y), and 5aa) or 5ab);
    20. if the premium solar feed-in tariff contract between the retailer and a customer is a fixed term contract:
      1. the retailer will notify the customer of the following information between one and two months before the expiry date:
        - the date that the premium solar feed-in tariff contract is due to expire;
        - the options available to the customer; and
        - the terms and conditions that will apply after that date if the customer does not exercise any other option; and
      2. the premium solar feed-in tariff contract between the retailer and the customer will continue after the expiry date on the terms and conditions notified, without further need for written agreement, provided the terms and conditions have taken effect in accordance with section 40H of the Electricity Industry Act 2000;
    21. where the premium solar feed-in tariff contract provides for an amount payable by a customer for the customer's breach of the premium solar feed-in tariff contract, it will either state the amount or include a simple basis for determining that amount. The contract will include provisions consistent with clause 31(b) and (c) of the Energy Retail Code;
    22. a notice, consent, document or other communication given by a retailer under a premium solar feed-in tariff contract will be given in a manner specified in clause 32 of the Energy Retail Code; and
    23. a retailer may only assign the retailer's premium solar feed-in tariff contract with a customer with the customer's consent, unless the assignment forms part of the transfer to the same third party of all or substantially all of the retailer's retail business.
    24. the customer must notify the retailer within 14 business days if the customer's photovoltaic generating capacity exceeds 5 kilowatts i.e. the customer's photovoltaic system has, or is changed to, an installed or name-plate generating capacity exceeding 5 kilowatts;
    25. where the customer is a residential householder, the qualifying solar energy generating facility must be located at the customer's principal place of residence. Residential customers, small business customers or community organisation customers are only eligible to receive the premium feed-in tariff for one solar energy generating facility per premise under the premium solar feed-in tariff scheme. For the avoidance of doubt, this assessment criteria is in accordance with the definition of a 'qualifying customer' as specified under section 40F(1) (b) of the principal Act;
    26. where the customer is a small business or community organisation, the retailer may terminate the premium feed-in tariff contract once the customer's annual consumption of electricity exceeds 100 megawatt hours;
    27. the retailer may terminate the customers' premium feed-in tariff contract once the fifteenth anniversary of the scheme start day has been reached i.e. once the scheme has been in place for 15 years. The premium solar feed-in tariff contract must specify that this is the case;
    28. The feed in tariff terms and conditions coincide with the Electricity Industry Amendment  (Premium Solar  Feed-in Tariff) Act 2009. Terms and conditions may be subject to change as a result of future legislative amendments to the Electricity Industry Amendment  (Premium Solar  Feed-in Tariff) Act 2009.