{"id":"nsw:sl-2023-0449","name":"Gas Supply (Natural Gas Retail) Regulation 2023","slug":"gas-supply-natural-gas-retail-regulation-2023","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"449 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175948,"registerId":"nsw-nsw:sl-2023-0449-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Gas Supply (Natural Gas Retail) Regulation 2023](/view/html/inforce/current/sl-2023-0449).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2023.\n> \n> Note—\n> \n> This regulation replaces the [Gas Supply (Natural Gas Retail) Regulation 2014](/view/html/repealed/current/sl-2014-0526), which is repealed on 1 September 2023 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> Code—see section 4(1).\n> \n> exempt person means an exempt seller or other person exempted from the application of the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a).\n> \n> the Act means the [Gas Supply Act 1996](/view/html/inforce/current/act-1996-038).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Social programs for gas—the Act, s 83(2)(m)","content":"# Part 2 Social programs for gas—the Act, s 83(2)(m)\n\nPart 2 Social programs for gas—the Act, s 83(2)(m)","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Social Programs for Energy Code","content":"#### 4 Social Programs for Energy Code\n\n4 Social Programs for Energy Code\n\n> > (1) The Minister may, with the concurrence of the Treasurer, adopt a Social Programs for Energy Code (the Code) to facilitate the delivery of the Government’s social programs for gas.\n> \n> > (2) The Minister may adopt or amend the Code by publishing the Code or amendment in the Gazette.\n> \n> > (3) The Code or amendment takes effect—\n> > \n> > > (a) on the day the Code or amendment is published in the Gazette, or\n> > \n> > > (b) on a later day specified in the Code or amendment.\n> \n> > (4) Before adopting or amending the Code, the Minister must consult with the retailers, exempt persons and reticulators proposed to be made subject to the Code or amended Code.\n> \n> > (5) The Minister may revoke the Code by publishing a notice of revocation in the Gazette.\n> \n> > (6) A revocation takes effect—\n> > \n> > > (a) on the day the notice is published in the Gazette, or\n> > \n> > > (b) on a later day specified in the notice.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Code requirements and compliance","content":"#### 5 Code requirements and compliance\n\n5 Code requirements and compliance\n\n> > (1) The Code may require a retailer, exempt person or reticulator to take action specified in the Code.\n> \n> > (2) In particular, the Code—\n> > \n> > > (a) may specify that retailers, exempt persons or reticulators must supply particular services to particular classes of persons free of charge, at specified charges or subject to specified discounts or rebates, and\n> > \n> > > (b) may require a retailer or exempt person to supply particular customers with gas at discounted charges or give rebates on the charges paid by the customers for the supply of gas, and\n> > \n> > > (c) may require a retailer or exempt person to have facilities to ensure Government payments provided to finance the supply of gas at discounted charges are applied in accordance with the Code, and\n> > \n> > > (d) may require a retailer or exempt person to keep trust accounts in which Government payments provided to finance the supply of gas at discounted charges must be held pending the application of the payments in accordance with the Code, and\n> > \n> > > (e) may require a retailer, exempt person or reticulator to give the Minister periodic reports about compliance with the Code, and\n> > \n> > > (f) may require a retailer, exempt person or reticulator to have accounting procedures to enable the reports to be prepared, and\n> > \n> > > (g) must specify—\n> > > \n> > > > (i) the amount assessed by the Minister as the estimated cost to a retailer, exempt person or reticulator of efficiently complying with the Code, or\n> > > \n> > > > (ii) a methodology by which the cost may be assessed, and\n> > \n> > > (h) must specify arrangements for the payment to the retailer, exempt person or reticulator of—\n> > > \n> > > > (i) an amount equivalent to the estimated efficient costs assessed by the Minister, as referred to in paragraph (g), or\n> > > \n> > > > (ii) if the retailer, exempt person or reticulator disputes the costs assessed by the Minister—an amount assessed on a re-assessment under this part.\n> \n> > (3) A retailer, exempt person or reticulator must not contravene a requirement of the Code that applies to the retailer, exempt person or reticulator.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—2,000 penalty units, or\n> > \n> > > (b) for an individual—500 penalty units.\n> \n> > (4) For the Act, section 11(1)(a), if the Code adopted under this part applies to a reticulator, it is a condition of the reticulator’s authorisation that the reticulator must take the action required by the Code in accordance with the Code.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Re-assessment of costs of compliance with Code","content":"#### 6 Re-assessment of costs of compliance with Code\n\n6 Re-assessment of costs of compliance with Code\n\n> > (1) A dispute between a retailer, exempt person or reticulator and the Minister about the cost of complying with the Code, or a provision of the Code, must be referred to a committee constituted by 1 or more assessors.\n> \n> > (2) An assessor must be—\n> > \n> > > (a) a suitably qualified person, and\n> > \n> > > (b) appointed by agreement between the retailer, exempt person or reticulator and the Minister.\n> \n> > (3) A committee may—\n> > \n> > > (a) conduct proceedings under this section in the way it considers appropriate, and\n> > \n> > > (b) determine 2 or more disputes in the same proceedings.\n> \n> > (4) In determining a dispute referred to a committee, the committee must—\n> > \n> > > (a) consider representations made by the parties to the dispute, and\n> > \n> > > (b) determine, on the basis of the representations and other information available to the committee—\n> > > \n> > > > (i) the amount that is the efficient cost to the retailer, exempt person or reticulator of complying with the provision of the Code the dispute relates to, or\n> > > \n> > > > (ii) a methodology by which the cost may be assessed.\n> \n> > (5) The committee’s determination under subsection (4) applies, for the parties to the dispute, in place of the amount or methodology specified in the Code from the date specified in the determination.\n> \n> > (6) Nothing in this section prevents the Minister from amending a provision of the Code to which a dispute relates or revoking the Code.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Costs of proceedings","content":"#### 7 Costs of proceedings\n\n7 Costs of proceedings\n\n> For proceedings under section 6, the parties must bear the costs, including the costs of the committee—\n> \n> > (a) equally, or\n> \n> > (b) in proportions the committee determines, having regard to the merits of the case.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Enforceable undertakings","content":"#### 8 Enforceable undertakings\n\n8 Enforceable undertakings\n\n> > (1) The Minister may accept a written undertaking given by a retailer, exempt person or reticulator in connection with compliance with the Code.\n> \n> > (2) The retailer, exempt person or reticulator may, with the consent of the Minister, withdraw or vary an undertaking.\n> \n> > (3) The Minister may apply to the Local Court for an order under this section if, in the Minister’s opinion, a term of an undertaking has been breached.\n> \n> > (4) If the Local Court is satisfied a retailer, exempt person or reticulator has breached a term of an undertaking, the Court may make 1 or more of the following orders—\n> > \n> > > (a) an order directing the retailer, exempt person or reticulator to comply with the undertaking,\n> > \n> > > (b) an order directing the retailer, exempt person or reticulator to pay to the State an amount up to the amount of a financial benefit that the retailer, exempt person or reticulator has obtained directly or indirectly and that is reasonably attributable to the breach,\n> > \n> > > (c) an order the Court considers appropriate directing the retailer, exempt person or reticulator to compensate other persons who have suffered loss or damage as a result of the breach,\n> > \n> > > (d) other orders the Court considers appropriate.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Auditing of Code compliance","content":"#### 9 Auditing of Code compliance\n\n9 Auditing of Code compliance\n\n> > (1) The Minister may conduct or require an audit to be conducted to determine whether a retailer, exempt person or reticulator has complied with the Code.\n> \n> > (2) The Minister may require an audit under this section to be conducted by 1 of the following (an auditor)—\n> > \n> > > (a) a person nominated by the Minister,\n> > \n> > > (b) a person chosen by the retailer, exempt person or reticulator from a panel of persons nominated by the Minister,\n> > \n> > > (c) a person nominated by the retailer, exempt person or reticulator and approved by the Minister.\n> \n> > (3) The Minister may require the reasonable costs of the audit to be paid by the retailer, exempt person or reticulator.\n> \n> > (4) A person must not impersonate an auditor.\n> > \n> > Maximum penalty for subsection (4)—\n> > \n> > > (a) for a corporation—500 penalty units, or\n> > \n> > > (b) for an individual—50 penalty units.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Liability of scheme operator under market operations rules—the Act, s 33LA(3)","content":"#### 10 Liability of scheme operator under market operations rules—the Act, s 33LA(3)\n\n10 Liability of scheme operator under market operations rules—the Act, s 33LA(3)\n\n> For the Act, section 33LA(3)—\n> \n> > (a) the maximum amount payable by the scheme operator is as follows—\n> > \n> > > (i) $50,000 to a person for a particular negligent act or omission,\n> > \n> > > (ii) $500,000 in total for all negligent acts and omissions occurring in a calendar year, and\n> \n> > (b) the maximum amount payable by an officer or employee of the scheme operator is nil.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Post-disconnection notices to small customers—the Act, s 83(2)(d)","content":"#### 11 Post-disconnection notices to small customers—the Act, s 83(2)(d)\n\n11 Post-disconnection notices to small customers—the Act, s 83(2)(d)\n\n> > (1) This section applies to reticulators that are distributors within the meaning of the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a).\n> \n> > (2) The requirements set out in this section are distributor service standards.\n> > \n> > Note—\n> > \n> > The requirements of this section are enforceable under the National Energy Retail Rules.\n> \n> > (3) A reticulator must give written notice to a small customer as soon as practicable after the reticulator de-energises the customer’s premises at the request of a retailer on a ground permitted under the National Energy Retail Rules.\n> \n> > (4) The notice must contain the following information—\n> > \n> > > (a) the matter for which the premises were de-energised,\n> > \n> > > (b) the telephone number of a contact person for the retailer,\n> > \n> > > (c) details of how the customer can arrange for re-energisation of the premises, including costs payable by the customer,\n> > \n> > > (d) the dispute resolution procedures available to the customer, including contact details for the energy ombudsman.\n> \n> > (5) In this section—\n> > \n> > de-energises has the same meaning as in the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a).\n> > \n> > re-energisation has the same meaning as in the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a).\n> > \n> > Note—\n> > \n> > See the Act, section 4(2) and the definitions of distributor service standards, energy ombudsman, retailer and small customer in the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a).","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Savings","content":"#### 12 Savings\n\n12 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Gas Supply (Natural Gas Retail) Regulation 2014](/view/html/repealed/current/sl-2014-0526), had effect under that regulation continues to have effect under this regulation.","sortOrder":14}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original purpose as a replacement of the 2014 regulation, maintaining the same structural approach to social programs, liability caps, and consumer protections without significant expansion beyond the enabling provisions in the Gas Supply Act 1996."},"complexity_factors":["Moderate cross-referencing to external legislation (National Energy Retail Law (NSW), Gas Supply Act 1996, Interpretation Act 1987)","Nested subsections with up to 3 levels of indentation (e.g., section 5(2)(g)(i))","Conditional logic in dispute resolution (section 6) with alternative pathways for cost assessment","Dual penalty structures distinguishing between corporations and individuals (appears 3 times)","Integration with broader national energy framework requiring understanding of 'distributor service standards' and 'energy ombudsman' concepts defined elsewhere","Only 4 defined terms in the interpretation section, but heavy reliance on external definitions"],"plain_english_summary":"This regulation sets up a system for delivering government assistance programs to help people pay for natural gas in New South Wales.\n\n**What it does:**\n- Allows the Minister to create a **Social Programs for Energy Code** (with the Treasurer's agreement) that requires gas retailers and distributors to provide discounted gas or rebates to eligible customers\n- Forces energy companies to participate in these social programs, including setting up trust accounts for government payments and reporting on compliance\n- Provides a dispute resolution process if companies disagree with the government's cost estimates for running these programs\n- Sets penalties for non-compliance: up to 2,000 penalty units for corporations and 500 for individuals\n- Caps the liability of gas market operators at $50,000 per negligent act (or $500,000 per year) if they make mistakes running the gas market\n- Requires gas distributors to notify customers in writing after their gas is disconnected, explaining why it happened and how to get reconnected\n\n**Who it affects:**\n- **Gas retailers** — companies that sell gas to households and businesses\n- **Reticulators** — companies that own and operate the gas pipes (distributors)\n- **Exempt persons** — certain sellers exempt from normal retail rules\n- **Small customers** — residential and small business gas users who may receive assistance or face disconnection\n\n**Why it matters:**\nThis ensures vulnerable people can access affordable gas heating and cooking through government rebates and discounts. It also protects consumers by requiring clear communication when their gas is cut off and limits how much market operators can be sued for operational errors."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation replaces the 2014 instrument but (per s 12) continues acts and arrangements that existed immediately before repeal. The text supplied shows continuation and codification of social program mechanisms (Code, payment/reimbursement, audits, enforcement) rather than an obvious expansion or narrowing of scope."},"complexity_factors":["Ministerial discretion to adopt, amend or revoke the Code and timing of effect (s 4(1)–(3)) increases administrative flexibility and uncertainty.","Requirement to consult with affected retailers, exempt persons and reticulators before adoption or amendment creates procedural steps (s 4(4)).","Code can impose operational, accounting and reporting obligations (trust accounts, reporting, accounting procedures) on retailers, exempt persons and reticulators (s 5(a)–(f)).","Mandated payment arrangements: Code must specify the Minister’s assessed ‘efficient cost’ and a payment/re‑assessment mechanism to reimburse operators (s 5(g)–(h)), creating financial flows and valuation methodology issues.","Civil penalties for non‑compliance (corporations and individuals) create enforcement risk (s 5(3)).","Dispute resolution via assessor committee requires appointment by agreement and allows the committee to set amounts or methodologies, adding an ad hoc expert determination layer (s 6(1)–(6)).","Costs allocation for proceedings is left to parties or the committee, which may vary allocation by merits (s 7).","Enforceable undertakings can be accepted by the Minister and court‑enforced with remedies including recovery of financial benefits and compensation (s 8(1)–(4)), adding civil enforcement pathways.","Audit powers include Minister‑nominated or party‑chosen auditors from a Minister‑nominated panel and possible cost recovery from the audited entity (s 9(1)–(3)); impersonation of an auditor is penalised (s 9(4)).","Liability caps for the scheme operator and nil liability for officers/employees are specified with numeric limits (s 10).","Distributor‑facing service standard requiring prompt written post‑disconnection notices to small customers and cross‑reference to enforcement under the National Energy Retail Rules (s 11).","Multiple cross‑references to the Gas Supply Act, National Energy Retail Law and other instruments increase interpretive complexity (see ss 3, 11 notes).","Transitional savings preserve prior acts’ effects on repeal, which affects continuity and transitional compliance (s 12)."],"plain_english_summary":"This regulation replaces the 2014 rule and establishes a Minister‑adopted Social Programs for Energy Code that can require retailers, exempt sellers and reticulators to provide subsidised gas, hold trust accounts, report and be paid for assessed “efficient costs”. The Minister (with the Treasurer’s concurrence) adopts, amends or revokes the Code after consultation; non‑compliance attracts penalties, audits and enforceable undertakings, disputes use assessor committees, and distributors must give post‑disconnection notices to small customers."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the regulation appears consistent with its stated purpose of governing natural gas retail supply in NSW. There is no evidence of scope creep or deviation from the enabling Act's intent. However, because the substantive provisions of the regulation were not included in the provided text, a definitive assessment of scope alignment cannot be made with confidence."},"complexity_factors":["The document provided is almost entirely metadata and website navigation — the actual substantive content of the regulation is not included, severely limiting analysis","Natural gas retail regulation inherently involves technical energy market concepts that can be complex for laypeople","The regulation operates within a multi-layered framework (parent Act, national energy laws, and this subordinate instrument) which adds interpretive complexity","Automatic staged repeal mechanism under the Subordinate Legislation Act 1989 adds a time-limited dimension that users must be aware of","Score kept low because no actual operative provisions were visible in the provided text to assess true complexity"],"plain_english_summary":"The Gas Supply (Natural Gas Retail) Regulation 2023 sets binding rules for the retail sale of natural gas in NSW, detailing how gas retailers must deal with customers on matters like contracts, billing, disconnection and consumer protections. It affects households, businesses that buy gas, gas retailers and regulators by creating enforceable standards for the retail market.\n\nThe regulation commenced 18 August 2023 and is scheduled for automatic repeal on 1 September 2028 under NSW’s periodic review system."}},"importantCases":[],"_links":{"self":"/api/acts/gas-supply-natural-gas-retail-regulation-2023","history":"/api/acts/gas-supply-natural-gas-retail-regulation-2023/history","analysis":"/api/acts/gas-supply-natural-gas-retail-regulation-2023/analysis","conflicts":"/api/acts/gas-supply-natural-gas-retail-regulation-2023/conflicts","importantCases":"/api/acts/gas-supply-natural-gas-retail-regulation-2023/important-cases","documents":"/api/acts/gas-supply-natural-gas-retail-regulation-2023/documents"}}