{"id":"F2019L00666","name":"Competition and Consumer (Industry Code – Electricity Retail) (Model Annual Usage and Total Annual Prices) Determination 2019","slug":"competition-and-consumer-industry-code-electricity-retail-model-annual-usage-and-total-annual-prices","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99273,"registerId":"commonwealth-F2019L00666-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Competition and Consumer (Industry Code – Electricity Retail) (Model Annual Usage and Total Annual Prices) Determination 2019","content":"![](image.001.jpeg)\n\nCompetition and Consumer (Industry Code – Electricity Retail) (Model Annual Usage and Total Annual Prices) Determination 2019\n\nThe Australian Energy Regulator makes the following determination.\n\nDated 30 April 2019\n\nAustralian Energy Regulator\n\n \n\n1. Name\n\nThis instrument is the Competition and Consumer (Industry Code – Electricity Retail) (Model Annual Usage and Total Annual Prices) Determination 2019.\n\n2. Commencement\n\nThis instrument commences on 1 July 2019.\n\n3. Authority\n\nThis instrument is made under section 16(1) of the Competition and Consumer (Industry Code – Electricity Retail) Regulations 2019 (the Regulations).\n\n4. Definitions\n\nIn this Determination:\n\na) Regulations means the Competition and Consumer (Industry Code – Electricity Retail) Regulations 2019; and\n\nb) Residential Annual Usage without Controlled Load applies to the type of small customer considered in s 6(2)(b) of the Regulations; and\n\nc) Residential Annual Price without Controlled Load applies to the type of small customer considered in s 6(2)(b) of the Regulations; and\n\nd) Residential Annual Usage with Controlled Load applies to the type of small customer considered in s 6(2)(a) of the Regulations; and\n\ne) Residential Annual Price with Controlled Load applies to the type of small customer considered in s 6(2)(a) of the Regulations; and\n\nf) Small Business Annual Usage applies to the type of small customer considered in s 6(2)(c) of the Regulations; and\n\ng) Small Business Annual Price applies to the type of small customer considered in s 6(2)(c) of the Regulations; and\n\nh) General Usage means the non-controlled load usage of a small customer under s 6(2)(a) of the Regulations; and\n\ni) Controlled Load Usage means the controlled load usage of a small customer under s 6(2)(a) of the Regulations.\n\nj) Terms defined in the Regulations have the same meaning in this instrument.\n\n5. Per-customer usage determination\n\nIn accordance with s 16(1)(a)(i) of the Regulations, the AER determines the per-customer amount of electricity supplied in specified distribution regions to small customers of the following types:\n\n```html\n

Per-customer annual usage determination

Distribution region

Residential Annual Usage without Controlled Load

Residential Annual Usage with Controlled Load

Small Business Annual Usage

General Usage

Controlled Load Usage

Ausgrid

3,900 kWh

4,800 kWh

2,000 kWh

20,000 kWh

Endeavour Energy

4,900 kWh

5,200 kWh

2,200 kWh

20,000 kWh

Energex

4,600 kWh

4,400 kWh

1,900 kWh

20,000 kWh

Essential Energy

4,600 kWh

4,600 kWh

2,000 kWh

20,000 kWh

SA Power Networks

4,000 kWh

4,200 kWh

1,800 kWh

20,000 kWh

\n```\n\n6. Timing or pattern of supply determination\n\nIn accordance with s 16(1)(a)(ii) of the Regulations, the AER determines the timing or pattern of the supply of electricity in specified distribution regions to small customers:\n\na) Seasonality assumptions, all tariff and customer types\n\nFor all tariff and customer types, consumption has no seasonal weighting. That is, kilowatt hours consumed are assumed to be the same on each day of the year.\n\nb) Annual period usage allocations for Flexible Tariffs (Time of Use tariffs) –Residential Annual Usage without Controlled Load and Residential Annual Usage with Controlled Load\n\n1. Ausgrid distribution region\n\nFlexible Tariff (Time of Use tariff) period usage allocations\n\n```html\n

Period

Usage allocation per period

Residential Annual Usage without Controlled Load (kWh/yr)

General Usage - Residential Annual Usage with Controlled Load (kWh/yr)

(1.000)

3,900

4,800

2 period

Peak

0.656

2,558.4

3,148.8

Off-peak

0.344

1,341.6

1,651.2

3 period

Peak

0.319

1,244.1

1,531.2

Shoulder

0.395

1,540.5

1,896.0

Off-peak

0.286

1,115.4

1,372.8

4 period

Peak

0.319

1,244.1

1,531.2

Shoulder 1

0.271

1,056.9

1,300.8

Shoulder 2

0.124

483.6

595.2

Off-peak

0.286

1,115.4

1,372.8

\n```\n\nControlled Load (CL) annual usage allocations (kWh/year)\n\n```html\n

CL1 only

CL2 only

CL 1 and 2

2,000

2,000

CL1 (0.67)

1,340

CL2 (0.33)

660

\n```\n\n ii. Endeavour Energy distribution region\n\nFlexible Tariff (Time of Use tariff) period usage allocations\n\n```html\n

Period

Usage allocation per period

Residential Annual Usage without Controlled Load (kWh/yr)

General Usage - Residential Annual Usage with Controlled Load (kWh/yr)

(1.000)

4,900

5,200

2 period

Peak

0.668

3,273.2

3,473.6

Off-peak

0.332

1,626.8

1,726.4

3 period

Peak

0.336

1,646.4

1,747.2

Shoulder

0.391

1,915.9

2,033.2

Off-peak

0.273

1,337.7

1,419.6

4 period

Peak

0.336

1,646.4

1,747.2

Shoulder 1

0.268

1,313.2

1,393.6

Shoulder 2

0.123

602.7

639.6

Off-peak

0.273

1,337.7

1,419.6

\n```\n\nControlled Load (CL) annual usage allocations (kWh/year)\n\n```html\n

CL 1 only

CL 2 only

CL 1 and 2

CL 1 (0.67)

CL 2 (0.33)

2,200

2,200

1,474

726

\n```\n\n iii. Energex distribution region\n\nFlexible Tariff (Time of Use tariff) period usage allocations\n\n```html\n

Period

Usage allocation per period

Residential Annual Usage without Controlled Load (kWh/yr)

General Usage - Residential Annual Usage with Controlled Load (kWh/yr)

(1.000)

4,600

4,400

2 period

Peak

0.680

3,128.0

2,992.0

Off-peak

0.320

1,472.0

1,408.0

3 period

Peak

0.341

1,568.6

1,500.4

Shoulder

0.393

1,807.8

1,729.2

Off-peak

0.266

1,223.6

1,170.4

4 period

Peak

0.341

1,568.6

1,500.4

Shoulder 1

0.275

1,265.0

1,210.0

Shoulder 2

0.118

542.8

519.2

Off-peak

0.266

1,223.6

1,170.4

\n```\n\nControlled Load (CL) annual usage allocations (kWh/year)\n\n```html\n

CL 1 only

CL 2 only

CL 1 and 2

CL 1 (0.29)

CL 2 (0.71)

1,900

1,900

551

1,349

\n```\n\n iv. Essential Energy distribution region\n\nFlexible Tariff (Time of Use tariff) period usage allocations\n\n```html\n

Block

Usage allocation per period

Residential Annual Usage without Controlled Load (kWh/yr)

General Usage - Residential Annual Usage with Controlled Load (kWh/yr)

(1.000)

4,600

4,600

2 period

Peak

0.668

3,072.8

3072.8

Off-peak

0.332

1,527.2

1,527.2

3 period

Peak

0.338

1,554.8

1,554.8

Shoulder

0.388

1,784.8

1,784.8

Off-peak

0.274

1,260.4

1,260.4

4 period

Peak

0.338

1,554.8

1,554.8

Shoulder 1

0.263

1,209.8

1,209.8

Shoulder 2

0.125

575.0

575.0

Off-peak

0.274

1,260.4

1,260.4

\n```\n\nControlled Load (CL) annual usage allocations (kWh/year)\n\n```html\n

CL 1 only

CL 2 only

CL 1 and 2

CL 1 (0.77)

CL 2 (0.23)

2,000

2,000

1,540

460

\n```\n\n v. South Australian Power Networks distribution region\n\nFlexible Tariff (Time of Use) period usage allocations\n\n```html\n

Period

Usage allocation per period

Residential Annual Usage without Controlled Load (kWh/yr)

General Usage - Residential Annual Usage with Controlled Load (kWh/yr)

(1.000)

4,000

4,200

2 period

Peak

0.634

2,536.0

2,662.8

Off-peak

0.366

1,464.0

1,537.2

3 period

Peak

0.313

1,252.0

1,314.6

Shoulder

0.388

1,552.0

1,629.6

Off-peak

0.299

1,196.0

1,255.8

4 period

Peak

0.313

1,252.0

1,314.6

Shoulder 1

0.249

996.0

1,045.8

Shoulder 2

0.139

556.0

583.8

Off-peak

0.299

1,196.0

1,255.8

\n```\n\nControlled Load (CL) annual usage allocations (kWh/year)\n\n| CL 1 only | CL 2 only | CL 1 and 2 |\n| --------- | --------- | ---------- |\n| 1,800 | NA | NA |\n\nc) Small business customers – Flexible Tariff (Time of Use tariff) and Controlled Load usage\n\nUnder s 16(2) of the Regulations the AER is not required to determine the timing and pattern of supply for small business customers.\n\nAccordingly, the AER has not determined Flexible Tariffs (Time of Use tariffs) and Controlled Load allocations for small business customers.\n\n7. Per-customer annual price determination\n\nIn accordance with s 16(1)(b) of the Regulations, the AER determines what it considers the reasonable per-customer annual price for supplying electricity in specified distribution regions to small customers of the following types:\n\n```html\n

Per-customer annual price determination (all prices GST-inclusive)

Distribution region

Residential Annual Price without Controlled Load

Residential Annual Price with Controlled Load

Small Business Annual Price

Ausgrid

$1,467

$2,059

$7,371

Endeavour Energy

$1,720

$2,166

$6,204

Energex

$1,570

$1,927

$6,025

Essential Energy

$1,957

$2,375

$8,045

SA Power Networks

$1,941

$2,420

$9,120

\n```\n\nDated this 30TH day of april 2019\n\nAustralian Energy Regulator","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This Determination implements the specific technical task the Regulations assign to the AER: setting model annual usage, timing/pattern allocations (including controlled load splits), and reasonable per‑customer annual prices for the model small customers (see clauses 5–7 and authority in clause 3). It does not broaden the Regulations’ substantive reach; it supplies the numeric inputs required by the Regulations rather than changing policy scope. In that sense the instrument is consistent with the Regulations’ original purpose and does not materially change the legislative scope."},"complexity_factors":["Several short clauses with clear headings (clauses 1–4 and 5–7) — low structural complexity","10+ defined items in clause 4, plus cross‑references to defined terms in the Regulations (requires checking external definitions)","Multiple large numeric tables: per‑customer annual usage by region and customer type (clause 5)","Extensive time‑of‑use allocation tables for five distribution regions with multiple tariff period types (clause 6) — many numeric permutations","Separate controlled‑load allocation tables with different split assumptions per region (clause 6)","Per‑customer annual price table by region and customer type (clause 7)","Cross‑references to the Regulations (s 6(2) and s 16(1)/(2)) create a need to read the Regulations alongside the Determination","No layered discretionary rules or exceptions to exceptions — primarily prescriptive numeric inputs","No update mechanism specified in the instrument (practical complexity for maintenance and interpretation)"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This is a technical determination by the Australian Energy Regulator (AER) made under section 16(1) of the Competition and Consumer (Industry Code – Electricity Retail) Regulations 2019 (clause 3). It takes effect from 1 July 2019 (clause 2).\n\n- It prescribes model figures that the AER will use for three things (clauses 5–7):\n - A set amount of annual electricity consumption per small customer by distribution region and customer type (clause 5).\n - How that annual consumption is allocated across times-of-use periods (season/tariff periods) and how controlled-load consumption is split (clause 6).\n - A ‘reasonable’ per-customer annual price (GST‑inclusive) for those model customers in each distribution region (clause 7).\n\n- The instrument defines the customer categories it models (residential with and without controlled load, and small business) and adopts defined terms from the Regulations (clause 4).\n\nWhy the AER sets these numbers (stated purpose and how it is used)\n\n- The AER’s stated role here is to establish a common, transparent baseline (model annual usage and model annual prices) for the types of small customers identified in the Regulations. Those model values are intended to be used in calculating and comparing annual prices under the Electricity Retail Industry Code (this follows mechanically from the AER’s powers in s 16 of the Regulations; the Determination itself implements those powers — see clauses 3, 5 and 7).\n\n- Mechanically, the Determination supplies concrete numeric inputs (kWh figures, period splits and dollar amounts) by distribution region (Ausgrid, Endeavour Energy, Energex, Essential Energy, SA Power Networks). For example, clause 5 lists per‑customer annual usage (e.g. Ausgrid residential 3,900 kWh without controlled load; small business 20,000 kWh). Clause 7 lists model annual prices (e.g. Ausgrid residential without controlled load $1,467 GST‑inclusive).\n\nWho this affects and who pays/decides\n\n- Who decides: the AER (this instrument is an AER determination — clause 3).\n- Who is directly affected: electricity retailers and the AER’s compliance and reporting processes. The AER uses these standardised model inputs to produce consistent annual-price calculations and consumer-facing comparisons required under the Code. Small customers are affected indirectly because the model values are the standard baseline used for price disclosure and comparison.\n- Who pays: individual customers continue to pay the bills set by retailers. The Determination does not itself set retailer tariffs charged to any specific customer; it sets model numbers used for regulatory comparisons and calculations. If regulators, advocacy groups or retailers rely on those model numbers in published comparisons or default offers, that can influence consumer choices and competitive positioning.\n\nPractical effects, incentives and trade-offs (testing the stated purpose)\n\n- Standardisation and comparability (benefit): By fixing a single set of model customers and usage patterns by region and tariff type (clauses 5–7), the Determination reduces ambiguity and ensures that annual price comparisons are apples‑to‑apples for consumers and regulators. That lowers information costs for oversight and for any party computing the model annual price.\n\n- Mis‑alignment with reality (cost/trade‑off): A single model per region/tariff will not match every actual customer’s usage. Where actual usage or tariff structure differs materially from the model, the modelled annual price can diverge from a customer’s real bill. That creates a risk that comparisons based on the model could mislead some consumers if they treat the model figure as their expected bill rather than a standardised benchmark (clause 6 shows the AER assumes no seasonal weighting: consumption is assumed uniform across days of the year).\n\n- Effects on retailers and competition: Retailers must expect that the AER and others will use these model inputs in published comparisons and possibly in compliance checks. If a retailer’s offer is advantaged or disadvantaged by these specific model choices (e.g. time‑of‑use splits in clause 6), that will affect marketing and pricing strategy. The instrument is prescriptive about the allocations for time‑of‑use and controlled‑load components (clause 6 and the region tables), so it constrains the regulatory benchmark against which retail offers are measured.\n\n- Compliance and implementation burden: The Determination itself is numerical and not discretionary. The administrative burden is primarily on the AER to maintain and publish these figures and on any party required by the Code or by regulators to use them in calculations. The instrument does not specify a review cadence or automatic update mechanism, so staying current requires ad hoc AER action.\n\n- Concentrated vs diffuse effects: Benefits (consistent benchmarks) are diffuse — useful for many consumers and market observers. Any concentrated effects (for example, a specific tariff form being favoured or disfavoured by the model splits) will fall on particular retailers or product types and depend entirely on how close their offers align with the model allocations (see the period allocation tables in clause 6).\n\nImplementation risks and discretion\n\n- The Determination is a technical inputs table rather than a rules engine. Its operational correctness depends on the AER updating values if consumption patterns or tariff structures change materially. The instrument does not itself create a statutory update schedule; that is an implementation risk (clauses 2–3 and the AER’s power under s 16 of the Regulations).\n\nKey textual anchors to check when using this instrument\n\n- Authority and scope: made under s 16(1) of the Regulations (clause 3).\n- Exact numeric inputs: per‑customer usage (clause 5, tables), timing/pattern allocations and controlled load splits (clause 6, per region tables), and model annual prices GST‑inclusive (clause 7, per region table).\n\nBottom line (what to watch): This Determination does not set retail prices for individual customers. It supplies standardised, region‑and‑customer‑type numerical inputs that the AER and others will use as a common benchmark when calculating and comparing annual prices under the Electricity Retail Code. That improves consistency but can misrepresent individual bills where customers’ actual usage or tariff structure differs from the model (clauses 5–7)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3242},"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: determining specific annual usage amounts and price caps for the Default Market Offer as explicitly contemplated by section 16 of the enabling Regulations. It does not expand beyond setting these numerical benchmarks."},"complexity_factors":["10 defined terms in section 4, incorporating by reference definitions from the parent Regulations","Cross-references to sections 6 and 16 of the Competition and Consumer (Industry Code – Electricity Retail) Regulations 2019","Technical domain concepts requiring energy market knowledge (controlled load, time-of-use tariffs, distribution network regions)","Extensive tabular data presenting multiple variables (region, customer type, tariff structure) but straightforward legal structure"],"plain_english_summary":"This instrument sets the assumed annual electricity use and a GST‑inclusive cap on the Default Market Offer — the safety‑net \"standing offer\" price — for customers in Ausgrid, Endeavour, Essential Energy, Energex and SA Power Networks regions. \n\nIt binds retailers (who must not charge above the caps) and helps households and small businesses in those areas judge whether their standing offer is fair, preventing price gouging of disengaged customers."}},"importantCases":[],"_links":{"self":"/api/acts/competition-and-consumer-industry-code-electricity-retail-model-annual-usage-and-total-annual-prices","history":"/api/acts/competition-and-consumer-industry-code-electricity-retail-model-annual-usage-and-total-annual-prices/history","analysis":"/api/acts/competition-and-consumer-industry-code-electricity-retail-model-annual-usage-and-total-annual-prices/analysis","conflicts":"/api/acts/competition-and-consumer-industry-code-electricity-retail-model-annual-usage-and-total-annual-prices/conflicts","importantCases":"/api/acts/competition-and-consumer-industry-code-electricity-retail-model-annual-usage-and-total-annual-prices/important-cases","documents":"/api/acts/competition-and-consumer-industry-code-electricity-retail-model-annual-usage-and-total-annual-prices/documents"}}