Terms and Conditions
1. THE AGREEMENT
1.1 The parts of the agreement
These terms and conditions form part of our agreement with you for the sale of electricity at your premises. The other parts of the agreement are your application and the product and price sheet.
1.2 The parties
The agreement is between:
(a) us, Rimfire Energy Pty Ltd ABN 81 160 378 941; and
(b) you, the customer named in your application.
1.3 Scope of the agreement
Under the agreement we agree to sell you the electricity you consume at your premises and you agree to pay us for that electricity.
1.4 Other facilities at your premises
(a) If the application shows that there is a generating system installed at your premises, then we will purchase your export electricity on the terms and conditions included in schedule 1.
(b) During the term of the agreement you must not install any generating system nor any battery storage facility at your premises, nor increase the system size of any generating system already installed at your premises, without our prior written consent which we may give or withhold in our absolute discretion and which we may give subject to conditions including as to the export electricity rate we will pay for your export electricity.
2. WHEN THE AGREEMENT STARTS AND ENDS
2.1 When does the agreement start?
(a) By submitting your application to us, you made an offer to us to enter into the agreement. We may accept that offer by sending you an e-mail.
(b) The agreement starts on the date we accept your offer.
(c) When we e-mail you our acceptance, we will attach a copy of the agreement to the e-mail.
(a) You can cancel the agreement without paying any exit charge during the cooling-off period.
(b) To cancel the agreement during the cooling-off period, call or write to us or send us an e-mail.
2.3 When we start selling you electricity
We will only start selling you electricity if and when:
(a) the cooling-off period has expired;
(b) there is a functioning smart meter at your premises;
(c) your premises are connected to the network; and
(d) if you are transferring your premises to us from another retailer, the transfer has been processed.
2.4 When does the agreement end?
The agreement will continue indefinitely unless it is terminated in accordance with clauses 2.2 or 10.
3. GETTING ELECTRICITY CONNECTED
3.1 Who is responsible?
PowerWater is responsible for connecting your premises to the network.
3.2 We can assist
(a) We will ask PowerWater to connect your premises to the network at your request. Similarly, we will ask PowerWater to disconnect your premises from the network at your request.
4. CHARGES AND DISCOUNTS
4.1 Consumption charges
We impose a consumption charge for each kWh of electricity you consume at your premises. The amount of our consumption charge is the same as the charge relevant to you under the electricity pricing order. If in the application you selected a standard tariff then the consumption charge is the same for each kWh you consume. If you selected a time of use tariff then the consumption charge is different for consumption during the peak operation and off-peak operation periods respectively applicable to you. Consumption charges initially applicable to you under the agreement are set out in the product and price sheet.
4.2 Fixed daily charge
We impose a fixed daily charge for each day we sell electricity to you at your premises. The amount of our fixed daily charge is the same as the charge relevant to you under the electricity pricing order. The fixed daily charge initially applicable to you under the agreement is set out in the product and price sheet.
4.3 Exit charge
If in accordance with clause 6.1 we arrange a smart meter upgrade for you after having agreed with you that we will waive the applicable smart meter upgrade charge, and then at any time before the end of the minimum term the agreement is terminated by you under clause 10.1 or 10.2, automatically under clause 10.3(b) or 10.3(d) or by us under clause 10.4, we may impose an exit charge the amount of which is to be determined as follows:
X is the number of days in the minimum term;
Y is the number of days from and including the day on which the minimum term starts to and including the day on which the agreement is terminated; and
Z is the amount of the waived smart meter upgrade charge.
4.4 Additional charges
We also impose additional charges:
(a) for any additional goods or services you request from us;
(b) to recover any amounts charged to us by PowerWater in connection with your premises including connection, disconnection and reconnection charges, fault response charges, metering services charges, non-standard data charges and travel costs but excluding charges charged by PowerWater in connection with the supply of the electricity to your premises; and
(c) as set out elsewhere in these terms and conditions or in your application or the product and price statement.
The amount of any additional charge will be fair and reasonable having regard to related costs we incur.
We will apply any discount we have agreed with you against whichever one or more of our consumption charges, fixed daily charges and additional charges we have agreed with you the discount is to be applied against, provided you meet any conditions to which the discount is subject. The discounts we have agreed with you are set out in the product and price sheet.
4.6 Changes to your charges
(a) If we discover the information about you or your premises detailed in the application is incorrect and as a result the initial charges set out in the product and price sheet are incorrect, we will adjust your charges accordingly, apply the adjusted charges with effect from when we started to sell electricity to you at your premises including if necessary under clause 5.4. We will notify you of the adjustment as soon as practicable.
(b) If prices relevant to you under an electricity pricing order upon which our consumption charges and daily fixed charges are based change, or a new electricity pricing order is made with different prices relevant to you, then our consumption charges and daily fixed charges change also so that they are the same as those changed or new prices. We will notify you of the change as soon as practicable.
(c) If at any time there is no electricity pricing order with prices relevant to you, then our consumption charges and daily fixed charges will be 110% of what they were immediately before that time, and they will increase from that time in line with changes in the CPI. We will notify you of these changes as soon as practicable.
5.1 Your bills
(a) We will bill you for our charges monthly.
(b) We will send your bills to the email address detailed in the application or as advised by you from time to time.
(c) Bills sent to the address in clause 5.1(b) will be deemed to have been received by you in accordance with clause 14.1(b).
(d) GST applies to the sale of electricity. All bills will provide details of the GST to enable you to reclaim the tax if you are eligible.
We are not able to and therefore will not apply any concessions to your charges, not even if you are the holder of a Northern Territory Pension Concession Card.
5.3 Paying for your bills
(a) You must pay your bill by the due date shown on the bill. Your bill is not paid until we actually receive the funds. If your payment is due on a non-business day, you can pay that amount on the next business day.
(b) If you will be away for an extended time, please contact our customer service team on (08) 7924 7900 to make payment arrangements.
(c) You may pay your bill:
(1) by direct deposit into our bank account, if available and as advised on your bills from time to time;
(2) using BPAY, if available and as advised on your bills from time to time; and/or
(3) by Visa or MasterCard credit card through our website, if available and as advised on your bills from time to time.
(d) Payments through BPAY or by credit card, if available, may take two business days to process, so you need to pay your bill early enough to make sure we still receive your payment by the due date.
(e) We may impose an additional charge on you to recover any merchant service fees we incur because of the payment method you use in paying your bill, and also an additional charge to recover costs we incur if, due to fault on your part, payments you make to us are dishonoured or reversed. We do not have to accept payments by cheque but, if we elect to do so, we may impose an additional charge on you to recover our handling costs.
(f) Failure to pay your bill by the due date may result in the disconnection of your electricity supply and outstanding amounts may be referred to a collection agency.
5.4 Undercharging and overcharging
(a) If you have been undercharged in a bill, you must pay the undercharged amount to us plus interest from and including the date the undercharged amount would have been payable had it been charged at the right time to but excluding the date of full and final payment.
(b) If you have been overcharged in a bill, we must reimburse the overcharged amount to you plus interest from and including the date the overcharged amount was paid to but excluding the date of full and final reimbursement.
(c) Interest under clause 5.4(a) or 5.4(b) is payable at the rate charged by the Commonwealth Bank of Australia for sums up to $100,000.
6.1 You need a smart meter
We cannot sell electricity to you at your premises unless you have a functioning smart meter. If immediately prior to the agreement starting there is no functioning smart meter at your premises, we will arrange a smart meter upgrade for you.
6.2 Bills based on smart meter readings and estimates
(a) We will normally calculate the consumption charges included in your bill based on a reading of your smart meter, provided to us by PowerWater.
(b) If PowerWater is unable to provide us with a smart meter reading for any reason, we will estimate our consumption charges.
(c) Estimates of consumption charges will be based on:
(1) average previous consumption recorded for your premises over a similar period; or
(2) average consumption of similar premises that are supplied with electricity for a similar purpose.
(d) Your bill will specify if our consumption charges have been based on an estimate.
(e) If your consumption charges have been estimated and later we obtain a smart meter reading, we will include appropriate adjustments in subsequent bills accordingly.
6.3 Meter tests
(a) PowerWater is required to ensure that all smart meters meet applicable Australian Standards and that they are properly maintained and replaced when necessary.
(b) If you have concerns about your smart meter or our bills, you have the right to ask us to arrange to test the smart meter. We will arrange for the test within five business days of your request. You will need to pay an additional charge covering the related costs up front.
(c) If the test shows the smart meter is not meeting applicable Australian Standards, we will arrange for PowerWater to replace or repair the smart meter and refund you the additional charge. We will also refund you any amounts which we may have overcharged you over the previous quarter.
6.4 Ownership of the smart meter
The smart meter remains the property of PowerWater.
7. YOUR ELECTRICITY SUPPLY
(a) PowerWater is responsible for the physical supply of electricity to your premises and the reliability of the network.
(b) As an electricity retailer, we do not control the physical supply of electricity to your premises and, except to that extent or as otherwise provided by law, we are not liable to you for ensuring the physical supply of electricity to your premises.
(c) All faults, outages or other problems relating to the network should be reported to PowerWater. For emergencies, please call Emergency Services on 000, or call the PowerWater 24 hour emergency line on 1800 245 090.
(d) Electricity supplied to your premises may be subject to:
(1) voltage and frequency fluctuations; and
(2) interruptions, for example, where required by PowerWater, for inspection, repairs, testing, maintenance or other works, in an emergency or for safety reasons.
8. SPECIAL MEDICAL NEEDS
You must notify us if you, or someone living at your premises, has special medical needs, such as the need for life support equipment. Your medical practitioner must provide written confirmation of your special medical needs. This confirmation must be provided to us annually or as often as we reasonably require it.
9.1 When you could be disconnected
(a) We may arrange for the disconnection of your electricity supply, but only as a last resort, if:
(1) you fail to pay the amount due on your bill or any subsequent notices by the due date;
(2) you default on an agreed payment arrangement;
(3) you prevent access to the smart meter;
(4) you obstruct a representative of PowerWater in performing their duties under the law;
(5) you fail to contact us before you start using electricity at your premises;
(6) you provide us with false or misleading information regarding the connection of your premises;
(7) you become insolvent; or
(8) we are permitted to do so under the law.
(b) We will give you five days’ warning in the form of a Final Demand Notice of our intention to arrange for the disconnection of your electricity supply for failure to pay your bill. However, if you default on your agreed payment arrangement, we will not give a Final Demand Notice and we may arrange disconnection immediately.
(c) We will not arrange to disconnect your electricity supply if:
(1) we have agreed to and you are following an agreed payment arrangement; or
(2) you have raised a dispute which is still being investigated.
(d) PowerWater may also disconnect your electricity supply if:
(1) your electrical installation is unsafe;
(2) your electrical installation creates a hazard to the network or interferes with another electricity consumer’s installation or appliances; or
(3) illegal alterations have been made to your connection.
(e) We will arrange to reconnect your electricity supply when payments in full are received for unpaid bills (or arrangements are made to pay the bill) or when breaches of the agreement are remedied. Reconnection generally occurs on the same day or within 24 hours in the major urban centres.
10. TERMINATION OF THE AGREEMENT
10.1 Termination when you give us notice
You can terminate the agreement by giving us 20 business days’ notice.
10.2 Termination when you move out of your premises
(a) If you are moving out of your premises, you’ll need to give us at least 3 business days’ notice indicating that you wish to terminate the agreement. You must include the date you are moving out in your notice, as well as a forwarding address to which we can send you a final bill.
(b) We will do what we can to have your smart meter read on the date specified in your notice, or as soon as practicable after that date.
(c) The agreement will terminate when you move out. However, you will still have to pay your final bill which will cover the period up until when we have read your smart meter.
(d) If you do not give us notice that you are moving out, the agreement will continue after you have moved out. You will have to pay for electricity supplied to your premises even if someone else is using it.
10.3 Automatic termination
The agreement terminates automatically if:
(a) you enter into a new agreement with us and we start selling you electricity at your premises under that new agreement;
(b) you transfer your premises to another retailer;
(c) we start selling electricity at your premises to another customer;
(d) we have disconnected your premises and they remain disconnected for 10 business days; or
(e) we are no longer entitled to sell you electricity under the law.
10.4 Termination for your insolvency
We may terminate the agreement if you become insolvent by giving you notice.
10.5 Termination for breach
We may terminate the agreement if, in breach of clause 1.4(b), you install any generating system nor any battery storage facility at your premises, or increase the system size of any generating system already installed at your premises, without our prior written consent.
11. YOUR OTHER OBLIGATIONS
11.1 How you use electricity
In using electricity at your premises, you must:
(a) not cause any interference within the network;
(b) not take any supply of electricity otherwise than from the network or your own generation facility (if you have one); and
(c) not on-supply the electricity supplied to your premises.
11.2 Illegal use of electricity
(a) Illegal use of electricity supply is theft. Tampering with your smart meter or electricity supply equipment is extremely dangerous and may be illegal.
(b) If electricity supply has been obtained illegally:
(1) we can estimate your usage and bill you for the usage which has not been paid for; and
(2) we can take legal action to recover the unpaid amount.
11.3 Access to the smart meter and premises
(a) You must provide PowerWater with easy and safe access to PowerWater’s equipment on your premises including the smart meter. Access must be free from obstructions (such as locked gates), barriers and dangerous animals.
(b) If PowerWater cannot gain access it may require you to remove the obstruction or have the smart meter relocated.
11.4 Safety and emergencies
(a) maintain your energy installation and the appliances at your premises in a safe condition;
(b) ensure that any work on your energy installation and appliances is done by accredited electricians;
(c) keep all vegetation, structures and vehicles at your premises clear of your energy installation;
(d) advise us or PowerWater of any safety issues; and
(e) comply with directions from us or PowerWater.
11.5 Changes to your details
You must promptly inform us if there is any change to your contact details, your payment details, the purpose for which the premises are used or changes to access to your smart meter.
12. CUSTOMER SERVICE, COMPLAINTS AND PRIVACY
12.1 Standards of service
(a) In our dealings with you, we will comply with the agreement, the conditions of our licence and the law including all applicable standards of service.
(b) We will continuously monitor and review the quality of the customer service we provide to you. We will provide a report on our performance against our standards of service and other performance indicators to the Commission each year.
(a) Our customers are important to us and we welcome your feedback so we can work to improve our services to you. You can provide us with feedback by calling our customer service team on (08) 7924 7900 or via email on email@example.com.
(c) We will investigate your complaint, do all we can to resolve the problem, and report back to you promptly and courteously.
(d) Our staff are trained to resolve your complaint in an efficient and professional way. If you are not satisfied with the way your complaint was handled please contact (08) 7924 7900.
(a) Your privacy is important to us and so we will only discuss the agreement with the customer or the authorised contact person detailed in the application. You must satisfy us of your identity before we discuss the agreement with you.
13.1 We will comply with the law
We will comply with the law, unless and except to the extent the Commission or another regulator excuses us from compliance.
13.2 You are responsible within your premises
You are responsible for how electricity is used on your side of the supply point at your premises.
13.3 Uncontrollable events
If an event outside our control occurs and we cannot meet an obligation we have under the agreement, other than any obligation to pay money, then that obligation is suspended. You are entitled to the same relief. We will promptly notify you of any uncontrollable event which affects us and use our best efforts to overcome its effects, as you must do if you are affected.
13.4 Obligations if you are not an owner
If you cannot meet an obligation under the agreement because you do not own your premises, you must use your best efforts to ensure that the owner meets that obligation.
14. LEGAL MATTERS
(a) Unless the law requires us to give notice in another way, we will give you notice in writing. We may do so personally, by post, by e-mail or by a message on your bill.
(b) We will consider you to have received a notice given by post three business days after we posted it and a notice sent by email the day after we send the email.
(c) We may also send you an email, SMS or other electronic communication letting you know that we are making a change or notifying
14.2 Governing law
The laws of the Northern Territory govern the agreement.
14.3 Varying the agreement
Any variation to the agreement must be agreed by both you and us in writing.
14.4 Transferring the agreement
You cannot transfer the agreement to another person without our prior written consent. We also need your prior written consent to any transfer, except that we may transfer the agreement to a third party as part of any transfer of a substantial number of our customers to that third party. In that case we can do anything necessary to effect the transfer.
In the agreement:
Act means the Electricity Reform Act 2000 (NT).
agreement means our agreement with you for the sale of electricity at your premises as first mentioned in clause 1.1.
application means the application that you submitted to us.
business day means a day that is not:
(a) a Saturday or a Sunday; or
(b) a day that is observed as a public holiday on the same day in the Northern Territory.
charges means consumption charges, daily fixed charges, any exit charge and additional charges set out or otherwise contemplated by these terms, your application or the product and price sheet.
Commission means the Utilities Commission.
connect means to physically connect the premises to the network, and disconnect and reconnect have a corresponding meaning, and connect also includes the provision of metering equipment and the maintenance of the connection.
consumption charge means the charge we impose for the electricity you consume at your premises as further detailed in clause 4.1 and as changed under clause 4.6.
cooling-off period means the 10 business day period following the date we accept your offer.
CPI means the Consumer Price Index (All Groups) for Darwin as published by the Australian Bureau of Statistics or, if that index is not available, another similar index determined by us.
discount means any discount we have agreed with you as further detailed in clause 4.4.
electricity pricing order means an electricity pricing order issued under section 44 of the Act.
exit charge means the charge further detailed in clause 4.3.
export electricity means electricity which is generated by a generating system installed at your premises, not used by you and supplied through the connection point at your premises into the network.
export electricity charge means the charge payable by us for your export electricity.
export electricity rate means the rate payable by us for your export electricity.
fixed daily charge means the charge we impose for each day we sell electricity to you at your premises as further detailed in clause 4.2 and as changed under clause 4.6.
generating system means a solar PV or other electricity generating system.
GST means goods and services tax.
insolvent means unable to pay debts as and when they become due and payable or entering into any form of external administration.
law means any law or regulatory or administrative document.
licence means the licence granted to Rimfire Energy by the Commission dated 11 August 2014.
minimum term means a term of 3 years starting on the day we start selling you electricity under the agreement.
network means the electricity distribution network to which your premises are or are to be connected.
off-peak operation means 6pm to 6am weekdays and all weekends.
peak operation means 6am to 6pm weekdays including public holidays.
PowerWater means Power and Water Corporation or any successor of Power and Water Corporation or any other person which is authorised or licensed to supply electricity through the network.
premises means the premises detailed in your application.
product and price sheet means the product and price sheet that relates to the supply of electricity to you at your premises and which forms part of the agreement.
smart meter means a communications-enabled interval meter which records electricity consumption at regular 15 minute intervals or such a meter as is or is to be installed at your premises, as the context requires.
smart meter upgrade means installing a smart meter at your premises, replacing the existing meter at your premises with a smart meter or reprogramming the existing meter at your premises so that it functions as a smart meter.
smart meter upgrade charge means a charge we impose for a smart meter upgrade as set out in the product and price sheet.
terms and conditions means these terms and conditions.
In the agreement:
(a) words importing the singular include the plural and vice versa;
(b) a reference to any statute, order or code includes all statutes, orders or codes varying, consolidating, re-enacting extending or replacing them;
(c) a reference to a person includes that persons executor, administrators, successors, substitutes, and permitted assigns;
(d) when italicised, other parts of speech and grammatical forms of a word or phrase defined in the agreement have a corresponding meaning;
(e) a period of time which: (a) dates from a given day or the day of an act or an event is to be calculated exclusive of that day; and (b) commences on a given day or the day of an act or event is to be calculated inclusive of that day;
(f) an event which is required under the agreement to occur on or by a stipulated day which is not a business day may occur on or by the next business day; and
(g) a reference to costs we incur includes our internal costs.
SCHEDULE 1 – EXPORT ELECTRICITY
1. WHAT IS THE TERM OF THE EXPORT ELECTRICITY ARRANGEMENTS?
1.1 When do the arrangements start?
Although the agreement may have started, we do not start purchasing any export electricity, and have no obligation to pay for any export electricity, unless and until:
(a) we are satisfied we have full details of your generating system, including its system size;
(b) a meter capable of recording the export electricity has been installed and we are otherwise satisfied with the metering arrangements.
1.2 When do the arrangements end?
Once it has started, the export electricity arrangements under this schedule 1 continue until the agreement terminates.
2. SCOPE OF THE ARRANGEMENTS
We agree to purchase, and you agree to sell, the export electricity.
3.1 Export electricity charges
(a) The initial export electricity rates we use to determine the export electricity charges are set out in the product and price sheet. Your bills will also state the export electricity rates that apply.
(b) We must pay export electricity charges for your export electricity. For each relevant period, the export electricity charge is the product of the export electricity rate for the relevant period and the amount of export electricity in that period.
3.2 Variation of export electricity rates
We may reduce the export electricity rates to recover from you any direct or indirect increase in the cost of purchasing the export electricity. We will give you the notice of any changes to the export electricity rates as soon as practicable and in any event no later than your next bill.
We will credit the export electricity charges arising during any relevant period against the charges payable by you that are included in your bill for that period. If the amount of the export electricity charges exceeds the charges payable by you for that period, we will credit the excess amount against the charges payable by you in the next bill and any remaining excess amount against the charges payable by you in a subsequent bill.
On request, we will pay you any excess amounts contemplated by clause 3.3. We will also pay you any excess amount if the agreement terminates.
3.5 No separate bills
Subject to clause 8.2, we will not prepare any separate bills for the export electricity and neither will you.
3.6 Calculating the credits
Export electricity charges are to be calculated and billed on a basis corresponding to the basis on which charges are calculated.
On request, we will review your credits on the same basis as we review bills generally, and will deal with any overcrediting or undercrediting respectively on the same basis as we deal with undercharging and overcharging for electricity we sell you.
4. YOUR OBLIGATIONS
4.1 The generating system
In installing your generating system and supplying export electricity to the network, you must comply with the law.
You must pay for the meter that records the export electricity and for its installation and maintenance.
4.3 Connection and metering installation charges
If PowerWater imposes any connection or metering charges on us in relation to your generating system, we may recover the amount of those charges from you on a pass-through basis.
5. ENVIRONMENTAL BENEFITS
We are not entitled to any renewable energy certificates under the Renewable Energy Target scheme established under the Renewable Energy (Electricity) Act 2000 (Cth) which may be created in respect of electricity generated by your generating system nor any other environmental benefit arising under law or otherwise from the generation of that electricity.
You agree and acknowledge and that if we are entitled to disconnect your electricity supply under the agreement and your electricity supply is disconnected, your generating system will not be able to supply electricity into the network. You must assist us and PowerWater in respect of any such disconnection.
You agree and acknowledge that:
(a) it is PowerWater, not us, who connects or connected your premises to the network and who will maintain that connection;
(b) PowerWater is responsible for taking the supply of the export electricity into the network;
(c) when the supply of electricity to your premises is interrupted, so too will the supply of the export electricity to the network; and
(d) we are not liable to you in respect of any of these matters.
7.2 Your responsibilities
We are not responsible for the installation of your generating system and its connection to the network nor for organising with PowerWater any reassignment of your network tariff. These are your responsibilities. You are also responsible for all risks in respect of the control and use of your generating system and of electricity on your side of the connection point at your premises.
The title and risk in the export electricity will pass to us at the connection point at your premises.
Any amount we owe you under clause 3 excludes any GST payable on the supply of the export electricity to us. As well as crediting or paying you that amount, we must also credit or pay to you a further amount equal to any GST payable on the supply. We must credit or pay that further amount to you as and when we credit or pay to you the amount owed under clause 3, except we do not have to do so unless we can create, or have received from you, a tax invoice for the supply.
8.2 Tax invoicing
(a) We will (and you will not) issue tax invoices in respect of the supply of the export electricity to us. We represent that we are registered for GST and will notify you if we cease to be. You represent that you are registered for GST and will notify us if you cease to be. We will combine tax invoices with your bills and include your ABN as well as ours on them.
(b) Unless clause 8.2(c) applies, the recipient of a taxable supply made under this schedule 1 need not make a payment until the supplier has given the recipient a tax invoice for the supply to which the payment relates. The supplier must give the recipient an adjustment note for an adjustment arising from an adjustment event relating to a taxable supply made under this schedule 1 within seven days after the date the supplier becomes aware of the adjustment event.
(c) This clause applies if you are a commercial customer and the application indicates that you are registered for GST:
(1) we will issue a recipient created tax invoice in respect of any supply made by you to us under this schedule 1 and an adjustment note in relation to adjustment events;
(2) you will not issue tax invoices in respect of any such supply;
(3) you acknowledge that you are registered for GST and will promptly us if you cease to be registered for GST;
(4) we acknowledge that we are registered for GST and we will promptly notify you if we cease to be registered for GST or cease to satisfy the legal requirements for issuing a recipient created tax invoice; and
(5) this clause will not apply to any supply after we ceases to satisfy those legal requirements.
In this clause 8 a word or term defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the same meaning where used in connection with the GST imposed under that Act.