Consumers | The law handbook - Legal Information Access Centre

11 Consumers 369special meter read to ensure the meter isread at least once every 12 months, and thecustomer may be charged for this (see[11.370] Miscellaneous charges).[11.350] Undercharging andoverchargingWhere a customer’s energy account isundercharged, their account may be rebilledfor the period of the undercharge.This will result in the customer receiving abackbill. There is a limit of nine months onthe time a retailer can recover an amountundercharged. This means that if the retailerhas been undercharging a customer for atwo year period, it is only able to issue abackbill to recover charges for nine monthsprior to the date the customer is notified ofthe undercharging (this is usually the datethe backbill is issued) (NERR, Rule 30(2)(a)).Undercharging can occur when there hasbeen:• a meter read error• an under-estimated bill• a billing error, such as an incorrect tariffor service to property charge• a failure to issue a bill for all or part ofthe billing period.The nine month limitation does not applywhere the undercharge occurs as a result ofthe customer’s fault, unlawful act oromission, for example where the customerrefuses to provide access to their meter(NERR, Rule 30(2)(a)).Customers are entitled to pay a backbillby instalment over an extended period oftime. The time period allowed depends onthe length of the undercharged period:• if the undercharging was for a period ofless than 12 months, customers have anamount of time to pay that is equivalentto the period of the undercharging• if the undercharging was for a period ofmore than 12 months, customers have12 months to pay (NERR, Rule 30(2)(d)).When a retailer becomes aware that acustomer has been overcharged, they mustinform the customer of this within 10business days. Interest is not payable onovercharged amounts (NERR, Rule 31(1)).If the overcharged amount is below $50,the retailer is only required to credit theamount to the customer’s account. Howeverif the overcharged amount is over $50, thecustomer can decide how the refund is to bepaid. If the customer does not provideinstructions, the retailer must credit theamount to their account.If the customer has closed their account,the retailer must use their best endeavoursto refund the money within 10 businessdays (NERR, Rule 31(2)(c)).[11.360] Late payment feesCustomers under standard and market retailcontracts (see Types of contracts at [11.250])may be charged a late payment fee forfailure to pay bills on time. Customersshould consult their own contracts to ascertainany late payment fees they may incur,and the dollar amount of these fees. A latepayment fee cannot be charged if the customeris a hardship customer (NERR,Rule 73). Retailers must also waive the feeunder these circumstances:• if the customer receives the Low IncomeHousehold Rebate or Medical EnergyRebate• if the retailer has agreed to give thecustomer an extension of time to pay.• where the customer and retailer haveentered into a payment plan.• the energy retailer is aware that thecustomer has contacted a welfare agencyor support service for assistance• payment or part payment is made by anEAPA voucher (see Energy Accounts PaymentAssistance (EAPA) vouchers at[11.440])• when the customer has made a billingrelated complaint to EWON (NationalEnergy Retail Law (Adoption) Regulation2013, cl 10).[11.370] MiscellaneouschargesCustomers may be charged a range of feesfor certain additional network-related work.Network fees are set by the Australian