{"id":"a-2012-31","name":"National Energy Retail Law (ACT) Act 2012","slug":"national-energy-retail-law-act-act-2012","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"31 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23986,"registerId":"act-a-2012-31-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Energy Retail Law (ACT) Act 2012","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nNational Energy Retail Law (ACT)\nAct 2012\nA2012-31\nRepublication No 2\nEffective: 2 July 2017\nRepublication date: 2 July 2017\nAct not amended\n(republication for expiry of transitional provisions (pt 10))\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the National Energy Retail Law (ACT) Act 2012 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n2 July 2017. It also includes any commencement, repeal or expiry affecting this republished\nlaw.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $110 for\nan individual and $550 for a corporation (see Legislation Act 2001, s 133).\n\nR2\n02/07/17\nNational Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nNational Energy Retail Law (ACT)\nAct 2012\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Terms used in National Energy Retail Law 2\n5 Notes 2\nPart 2 Adoption of National Energy Retail Law\n6 Application of National Energy Retail Law 3\n7 Application of regulations under National Energy Retail Law 3\n8 Interpretation of certain terms 3\n9 Exclusion of legislation of ACT and SA 4\n\nContents\nPage\ncontents 2 National Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\nR2\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Related matters\n10 Conferral of functions on Commonwealth bodies to act in ACT 5\n11 Extension of reading-down provision 5\nPart 4 Validation of instruments and decisions of\nAER—energy retail laws\n12 Validation of instruments and decisions made by AER 6\n13 AER—authorisation of preparatory steps 8\nPart 5 Implementation of national law in ACT\nDivision 5.1 Price regulation\n14 Standing offer prices to be consistent with price directions for small\ncustomers 9\nDivision 5.2 Border area arrangements\n15 Definitions—div 5.2 9\n16 Application—div 5.2 10\n17 NSW energy retail law applies to certain people and areas instead of\nlocal energy retail law 11\nDivision 5.3 Other matters\n18 Interest charges 12\n19 Small market offer customers 12\n20 Small compensation claims regime 13\nPart 6 Miscellaneous\n21 Provision of information by ICRC 14\n22 Extension of AER functions and powers 15\n23 Regulation-making power 16\n24 Local instruments for National Energy Retail Law (ACT) 16\nDictionary 18\nEndnotes\n1 About the endnotes 20\n2 Abbreviation key 20\n\nContents\nPage\nR2\n02/07/17\nNational Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history 21\n4 Amendment history 21\n5 Earlier republications 23\n6 Expired transitional or validating provisions 23\n\n\n\nR2\n02/07/17\nNational Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nNational Energy Retail Law (ACT)\nAct 2012\nAn Act to establish a national energy customer framework for the regulation of\nthe retail supply of energy to customers, to make provision for the relationship\nbetween the distributors of energy and the consumers of energy, and for other\npurposes\n\nPart 1 Preliminary\nSection 1\npage 2 National Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\nR2\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the National Energy Retail Law (ACT) Act 2012.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms\ndefined elsewhere in this Act.\nFor example, the signpost definition ‘local energy retail law, for\ndivision 5.2 (Border area arrangements)—see section 15.’ means that\nthe term ‘local energy retail law’ is defined in that section for\ndivision 5.2.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Terms used in National Energy Retail Law\nTerms used in this Act and also in the National Energy Retail Law\nhave the same meanings in this Act as they have in that Law.\nNote A definition in an Act applies except so far as the contrary intention\nappears (see Legislation Act, s 155).\n5 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n\nAdoption of National Energy Retail Law Part 2\nSection 6\nR2\n02/07/17\nNational Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Adoption of National Energy\nRetail Law\n6 Application of National Energy Retail Law\n(1) The National Energy Retail Law set out in the schedule to the South\nAustralian Act, as amended from time to time—\n(a) applies as a territory law; and\n(b) as so applying may be referred to as the National Energy Retail\nLaw (ACT); and\n(c) so applies as if it were part of this Act.\nNote The South Australian Act is accessible at www.legislation.sa.gov.au.\n(2) This section is subject to part 5 (Implementation of national law in\nACT).\n7 Application of regulations under National Energy Retail\nLaw\nThe regulations made under the National Energy Retail Law, as\namended from time to time—\n(a) apply as a regulation in force for the National Energy Retail\nLaw (ACT); and\n(b) as so applying may be referred to as the National Energy Retail\nRegulation (ACT).\n8 Interpretation of certain terms\nIn the National Energy Retail Law (ACT) and the National Energy\nRetail Regulation (ACT):\nNational Energy Retail Law or this Law means the National\nEnergy Retail Law (ACT).\nthe jurisdiction or this jurisdiction means the ACT.\n\nPart 2 Implementation of national law in ACT).\nSection 9\npage 4 National Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\nR2\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Exclusion of legislation of ACT and SA\n(1) The Legislation Act does not apply to the National Energy Retail\nLaw (ACT).\nNote A reference to the National Energy Retail Law (ACT) includes a\nreference to the statutory instruments made or in force under that Law,\nincluding the National Energy Retail Regulation (ACT) and the\nNational Energy Retail Rules (see s (2) and Legislation Act, s 104).\n(2) However, the following provisions of the Legislation Act apply to\nthe National Energy Retail Law (ACT) as if that Law were an Act:\n(a) section 104 (References to laws include references to\ninstruments under laws);\n(b) part 19.4 (Delegations);\n(c) section 254A (Delegation by Minister).\nNote 1 The Legislation Act, s 104 provides that a reference to an Act includes a\nreference to the statutory instruments made or in force under the Act.\nNote 2 The Legislation Act, s 254A provides that a Minister may delegate the\nMinister’s functions under an Act to anyone else. Pt 19.4 deals with the\nmaking of delegations and the exercise of delegated functions.\n(3) To remove any doubt, subsection (1) does not limit the application\nof the Legislation Act to this Act.\n(4) The Legislation Act, chapter 5 (Regulatory impact statements for\nsubordinate laws and disallowable instruments) does not apply to an\ninstrument mentioned in section 20 (Small compensation claims\nregime), section 23 (Regulation-making power) or section 24 (Local\ninstruments for National Energy Retail Law (ACT)).\n(5) The Acts Interpretation Act 1915 (SA), the Subordinate Legislation\nAct 1978 (SA) and other Acts of South Australia do not apply to the\nNational Energy Retail Law (ACT).\n\nRelated matters Part 3\nSection 10\nR2\n02/07/17\nNational Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Related matters\n10 Conferral of functions on Commonwealth bodies to act in\nACT\n(1) A Commonwealth body has power to do acts in, or in relation to, the\nACT in the exercise of a function expressed to be conferred on the\nbody by the national energy retail legislation of another participating\njurisdiction.\nNote Exercise a function includes perform the function (see Legislation Act,\ndict, pt 1), and function includes power (see Legislation Act, dict, pt 1).\n(2) In this section:\nCommonwealth body means—\n(a) the AER; or\n(b) the Tribunal.\n11 Extension of reading-down provision\n(1) The National Energy Retail Law (ACT), section 320 (Law and the\nRules to be construed not to exceed legislative power of Legislature)\nhas effect in relation to the operation of a provision of this Act as if\nthe provision were part of that Law.\n(2) Subsection (1) does not limit the effect that a provision would\nvalidly have apart from the subsection.\n\nPart 4 Validation of instruments and decisions of AER—energy retail laws\nSection 12\npage 6 National Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\nR2\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Validation of instruments and\ndecisions of AER—energy retail\nlaws\n12 Validation of instruments and decisions made by AER\n(1) This section applies to an instrument or decision made by the AER\nif—\n(a) the instrument or decision was made—\n(i) at or after the time that the South Australian Act was\nenacted; but\n(ii) before the time (the application time) that the National\nEnergy Retail Law first started to apply under this Act as\na territory law; and\n(b) had the National Energy Retail Law started so to apply the\nmaking of the instrument or decision would have been\nauthorised by 1 of the following laws (the authorising law):\n(i) the National Energy Retail Law (ACT);\nNote A reference to the National Energy Retail Law (ACT)\nincludes a reference to the statutory instruments made or in\nforce under that Law, including the National Energy Retail\nRegulation (ACT) (see s 9 (2) and Legislation Act, s 104).\n(ii) this Act; and\nNote The Legislation Act, s 104 provides that a reference to an\nAct includes a reference to the statutory instruments made\nor in force under the Act.\n\nValidation of instruments and decisions of AER—energy retail laws Part 4\nSection 12\nR2\n02/07/17\nNational Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) in a case in which the making of the instrument or decision\nwould be so authorised subject to the satisfaction of any\nconditions or other requirements (for example, consultation or\npublication requirements)—the AER has done anything that\nwould, if the National Energy Retail Law had started so to\napply, be required under the authorising law for the instrument\nor decision to be so authorised.\nExample—instrument\nguidelines\nExamples—decisions\n1 appointments\n2 determinations\n3 approvals\nNote An example is part of the Act, is not exhaustive and may extend, but\ndoes not limit, the meaning of the provision in which it appears (see\nLegislation Act, s 126 and s 132).\n(2) For the authorising law, the instrument or decision—\n(a) is taken to be valid; and\n(b) has effect from the application time—\n(i) as varied, and unless revoked, by any other instrument or\ndecision to which this section applies; and\n(ii) subject to that law as so applying.\n\nPart 4 Validation of instruments and decisions of AER—energy retail laws\nSection 13\npage 8 National Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\nR2\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 AER—authorisation of preparatory steps\n(1) This section applies if the AER—\n(a) is required to do something (a preparatory step) before making\na decision or instrument under 1 of the following laws (the\nauthorising law):\n(i) the National Energy Retail Law (ACT);\nNote A reference to the National Energy Retail Law (ACT)\nincludes a reference to the statutory instruments made or in\nforce under that Law, including the National Energy Retail\nRegulation (ACT) (see s 9 (2) and Legislation Act, s 104).\n(ii) this Act; and\nNote The Legislation Act, s 104 provides that a reference to an\nAct includes a reference to the statutory instruments made\nor in force under the Act.\n(b) takes the preparatory step—\n(i) at or after the time that the South Australian Act was\nenacted; but\n(ii) before the time that the National Energy Retail Law first\nstarted to apply under this Act as a territory law.\n(2) For the authorising law, the AER is taken to have complied with the\nrequirement to take the preparatory step.\n\nImplementation of national law in ACT Part 5\nPrice regulation Division 5.1\nSection 14\nR2\n02/07/17\nNational Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Implementation of national law in\nACT\nDivision 5.1 Price regulation\n14 Standing offer prices to be consistent with price\ndirections for small customers\n(1) This section applies if a price direction about the pricing of the sale\nand supply of energy to small customers (however described) that\napplies to a retailer is in force.\nNote The National Energy Retail Law, s 2 (2) provides that a reference to the\nsale and supply of energy includes a reference to the sale or supply of\nenergy (see also s 4).\n(2) The retailer must ensure that the retailer’s standing offer prices for\nor in connection with the sale and supply of the energy to the\ncustomers, including any variation of the prices, are consistent with\nthe price direction.\n(3) In this section:\nprice direction means a price direction made by the ICRC under the\nIndependent Competition and Regulatory Commission Act 1997.\nDivision 5.2 Border area arrangements\n15 Definitions—div 5.2\nIn this division:\nlocal energy retail law means—\n(a) the national energy retail legislation of the ACT; and\n(b) the amendments of the National Electricity Law (in its\napplication in the ACT) set out in the National Electricity\n(South Australia) Act 1996 (SA) made by the Statutes\nAmendment (National Energy Retail Law) Act 2011 (SA); and\n\nPart 5 Implementation of national law in ACT\nDivision 5.2 Border area arrangements\nSection 16\npage 10 National Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\nR2\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the amendments of the National Gas Law (in its application in\nthe ACT) set out in the National Gas (South Australia)\nAct 2008 (SA) made by the Statutes Amendment (National\nEnergy Retail Law) Act 2011 (SA).\nNSW energy retail law means—\n(a) the national energy retail legislation of New South Wales; and\n(b) the amendments of the National Electricity Law (in its\napplication in NSW) set out in the National Electricity (South\nAustralia) Act 1996 (SA) made by the Statutes Amendment\n(National Energy Retail Law) Act 2011 (SA); and\n(c) the amendments of the National Gas Law (in its application in\nNSW) set out in the National Gas (South Australia) Act 2008\n(SA) made by the Statutes Amendment (National Energy Retail\nLaw) Act 2011 (SA).\nprescribed local area retailer means a retailer who is a local area\nretailer for NSW prescribed by regulation as the local area retailer\nfor a geographic area of the ACT mentioned in section 17 (2) (b).\nprescribed local energy retail law means a local energy retail law,\nor a provision of a local energy retail law, prescribed by regulation.\nprescribed NSW energy retail law means the NSW energy retail\nlaw, or a provision of the NSW energy retail law, prescribed by\nregulation.\n16 Application—div 5.2\nThis division applies despite anything to the contrary in this Act or\nthe National Energy Retail Law (ACT).\n\nImplementation of national law in ACT Part 5\nBorder area arrangements Division 5.2\nSection 17\nR2\n02/07/17\nNational Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 NSW energy retail law applies to certain people and areas\ninstead of local energy retail law\n(1) A prescribed local energy retail law does not apply to—\n(a) a person prescribed by regulation as a person to whom the\nprescribed local energy retail law does not apply; or\nNote Power to make a statutory instrument (including a regulation)\nincludes power to make different provision for different\ncategories (see Legislation Act, s 48).\n(b) a geographic area of the ACT prescribed by regulation as an\narea to which the prescribed local energy retail law does not\napply.\n(2) A prescribed NSW energy retail law applies to—\n(a) a person prescribed by regulation as a person to whom the\nprescribed NSW energy retail law applies; or\n(b) a geographic area of the ACT prescribed by regulation as an\narea to which the prescribed NSW energy retail law applies.\n(3) A prescribed NSW energy retail law mentioned in subsection (2)—\n(a) applies as a territory law; and\n(b) so applies as if it were part of this Act.\n(4) The prescribed local area retailer is the local area retailer for the\nprescribed NSW energy retail law.\n\nPart 5 Implementation of national law in ACT\nDivision 5.3 Other matters\nSection 18\npage 12 National Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\nR2\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 5.3 Other matters\n18 Interest charges\n(1) A retailer may charge interest on a customer’s account if the account\nis not paid before the end of the 14th day after the day it is due to be\npaid (the due date).\n(2) The retailer may charge the interest from the due date.\n(3) However, if the customer is a small customer, the retailer must not\ncharge a rate of interest that—\n(a) is not published as part of its standing offer prices; and\n(b) is higher than the default rate.\n(4) Also, a retailer must not charge a small customer interest if it is\nprohibited by the National Energy Retail Law (ACT).\nNote A retailer must not charge a small customer interest on an amount\nundercharged (see National Energy Retail Rules, r 30).\n(5) In this section:\ndefault rate means the rate of interest that applies to an unpaid\njudgment debt in the Supreme Court.\nNote 1 See the Court Procedures Rules 2006, sch 2, r 2.3 (Interest on judgment\nafter 30 June 2010—Supreme Court).\nNote 2 The retailer must publish any interest charges on its website (see\nNational Energy Retail Law (ACT), s 2 (1), def standing offer prices\nand s 23).\n19 Small market offer customers\nThe National Energy Retail Law, section 31 (Satisfaction of\ndesignated retailer’s obligation to make standing offer by making\nmarket offer to certain small customers) does not apply in the ACT.\n\nImplementation of national law in ACT Part 5\nOther matters Division 5.3\nSection 20\nR2\n02/07/17\nNational Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Small compensation claims regime\n(1) The National Energy Retail Law, part 7 (Small compensation claims\nregime) does not apply in the ACT.\n(2) However, if the Minister declares that part 7 applies from a stated\ndate, part 7 applies from that date.\n(3) A declaration is a disallowable instrument.\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under the Legislation Act.\n\nPart 6 Miscellaneous\nSection 21\npage 14 National Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\nR2\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Miscellaneous\n21 Provision of information by ICRC\n(1) Despite any other Act or law, the ICRC is authorised, on its own\ninitiative or at the request of the AER—\n(a) to provide the AER with the information (including\ninformation given in confidence) in the ICRC’s possession or\ncontrol that is reasonably required by the AER for this Act or\nthe National Energy Retail Law (ACT); and\n(b) to provide the AER with the assistance that is reasonably\nrequired by the AER to exercise a function under this Act or\nthe National Energy Retail Law (ACT).\nNote Exercise a function includes perform the function (see Legislation Act,\ndict, pt 1), and function includes power (see Legislation Act, dict, pt 1).\n(2) Despite any other Act or law, the ICRC may authorise the AER to\ndisclose information provided under subsection (1) even if the\ninformation was given to the ICRC in confidence.\n(3) Nothing done or authorised to be done by the ICRC in acting under\nthis section—\n(a) constitutes a breach of, or default under, an Act or other law; or\n(b) constitutes a breach of, or default under, a contract, agreement,\nunderstanding or undertaking; or\n(c) constitutes a breach of a duty of confidence (whether arising by\ncontract, in equity, by custom or in any other way); or\n(d) constitutes a civil or criminal wrong; or\n(e) terminates an agreement or obligation or fulfils any condition\nthat allows a person to terminate an agreement or obligation, or\ngives rise to any other right or remedy; or\n\nMiscellaneous Part 6\nSection 22\nR2\n02/07/17\nNational Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) releases a surety or any other obligee wholly or in part from an\nobligation.\n22 Extension of AER functions and powers\n(1) The following provisions of the National Energy Retail Law (ACT)\napply as if a reference in the provisions to the Law included a\nreference to this Act, part 5 and this part:\n(a) part 8 (Functions and powers of the Australian Energy\nRegulator);\n(b) part 12 (Compliance and performance);\n(c) part 13 (Enforcement);\n(d) part 14 (Evidentiary matters);\n(e) part 15 (General);\n(f) any other provision prescribed by regulation for this\nsubsection.\n(2) However, subsection (1) does not apply to—\n(a) section 14 (Standing offer prices to be consistent with price\ndirections for small customers); or\n(b) any other provision of this Act prescribed by regulation for this\nsubsection.\n(3) A regulation may modify the operation of a provision that applies\nunder subsection (1) to the extent that it applies to a provision of this\nAct mentioned in that subsection.\n(4) Without limiting subsection (1) or the National Energy Retail Law\n(ACT), part 8, division 2, the AER may require information or a\ndocument to be provided or produced by a person under that\ndivision that relates to a matter that arose before the commencement\nof that Law.\n\nPart 6 Miscellaneous\nSection 23\npage 16 National Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\nR2\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n23 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative\nAssembly, under the Legislation Act.\n(2) Without limiting subsection (1), a regulation may—\n(a) confer a function on the AER; or\nNote Function includes power (see Legislation Act, dict, pt 1).\n(b) prescribe requirements that a retailer or distributor must\ncomply with in relation to the provision of services, including\nin relation to the connection, de-energisation or re-energisation\nof premises; or\n(c) prescribe a matter that the National Energy Retail Law (ACT)\ncontemplates is dealt with under jurisdictional energy\nlegislation; or\n(d) provide that a matter or thing in relation to which a regulation\nmay be made is to be decided, regulated or prohibited by the\nMinister or ICRC.\n(3) Also, a regulation may modify the operation of the following:\n(a) the National Energy Retail Regulation (ACT);\n(b) the National Energy Retail Rules, to the extent that those rules\napply in the ACT.\n24 Local instruments for National Energy Retail Law (ACT)\n(1) The Executive may make regulations that are local instruments for\nthe National Energy Retail Law (ACT).\nNote A regulation must be notified, and presented to the Legislative\nAssembly, under the Legislation Act.\n\nMiscellaneous Part 6\nSection 24\nR2\n02/07/17\nNational Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Without limiting subsection (1), a regulation may confer a function\non the AER.\nNote Function includes power (see Legislation Act, dict, pt 1).\n(3) The Minister may make local instruments that are not regulations\nfor the National Energy Retail Law (ACT).\n(4) Without limiting subsection (3), a local instrument may confer a\nfunction on the AER.\n(5) A local instrument mentioned in subsection (3) is a notifiable\ninstrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n(6) In this section:\nfor—a local instrument is made for the National Energy Retail Law\n(ACT) if that Law contemplates that the instrument be made under\nthis Act.\n\nDictionary\npage 18 National Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\nR2\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n ACAT\n exercise\n function\n independent competition and regulatory commission\n Minister (see s 162)\n territory law.\nICRC means the independent competition and regulatory\ncommission.\nlocal energy retail law, for division 5.2 (Border area\narrangements)—see section 15.\nNational Energy Retail Law means the National Energy Retail Law\nset out in the schedule to the South Australian Act, as amended from\ntime to time.\nNote The South Australian Act is accessible at www.legislation.sa.gov.au.\nNational Energy Retail Law (ACT) means the provisions applying\nbecause of section 6.\nNational Energy Retail Regulation (ACT) means the provisions\napplying because of section 7.\nNSW energy retail law, for division 5.2 (Border area\narrangements)—see section 15.\nprescribed local area retailer, for division 5.2 (Border area\narrangements)—see section 15.\nprescribed local energy retail law, for division 5.2 (Border area\narrangements)—see section 15.\n\nDictionary\nR2\n02/07/17\nNational Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprescribed NSW energy retail law, for division 5.2 (Border area\narrangements)—see section 15.\nSouth Australian Act means the National Energy Retail Law (South\nAustralia) Act 2011 (SA).\nNote A reference to a law (including the South Australian Act) includes a\nreference to the law as originally made and as amended (see Legislation\nAct, s 102).\n\nEndnotes\n1 About the endnotes\npage 20 National Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\nR2\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR2\n02/07/17\nNational Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nNational Energy Retail Law (ACT) Act 2012 A2012-31\nnotified LR 14 June 2012\ns 1, s 2 commenced 14 June 2012 (LA s 75 (1))\nremainder commenced 1 July 2012 (s 2 and CN2012-12)\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nTransitional\npt 10 hdg exp 1 July 2017 (s 64)\nInterpretation\ndiv 10.1 hdg exp 1 July 2017 (s 64)\nDefinitions—pt 10\ns 50 exp 1 July 2017 (s 64)\ndef commencement day exp 1 July 2017 (s 64)\ndef exempt seller exp 1 July 2017 (s 64)\ndef feed-in contract exp 1 July 2017 (s 64)\ndef retailer exp 1 July 2017 (s 64)\nCustomer retail contracts\ndiv 10.2 hdg exp 1 July 2017 (s 64)\nStandard customer contracts replaced by standard retail contracts\ns 51 exp 1 July 2017 (s 64)\nNegotiated customer contracts to become market retail contracts\ns 52 exp 1 July 2017 (s 64)\nCertain rights and liabilities under or in relation to s 51 and s 52 contracts—\ngeneral\ns 53 exp 1 July 2017 (s 64)\nCustomer connection contracts\ndiv 10.3 hdg exp 1 July 2017 (s 64)\nStandard customer contracts replaced by standard connection contracts—\nelectricity\ns 54 exp 1 July 2017 (s 64)\nNegotiated customer contracts to become negotiated connection\ncontracts—electricity\ns 55 exp 1 July 2017 (s 64)\n\nEndnotes\n5 Earlier republications\npage 22 National Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\nR2\n02/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nApplications for connection and supply\ndiv 10.4 hdg exp 1 July 2017 (s 64)\nApplication for electricity connection service under Utilities Act\ns 56 exp 1 July 2017 (s 64)\nApplication for supply of electricity or gas under Utilities Act\ns 57 exp 1 July 2017 (s 64)\nCustomer hardship\ndiv 10.5 hdg exp 1 July 2017 (s 64)\nCustomer taken to be hardship customer\ns 58 exp 1 July 2017 (s 64)\nComplaints\ndiv 10.6 hdg exp 1 July 2017 (s 64)\nComplaints to utilities\ns 59 exp 1 July 2017 (s 64)\nComplaints to ACAT\ns 60 exp 1 July 2017 (s 64)\nContraventions of licence conditions under Utilities Act\ndiv 10.7 hdg exp 1 July 2017 (s 64)\nContravention of licence condition by utility\ns 61 exp 1 July 2017 (s 64)\nExempt sellers\ndiv 10.8 hdg exp 1 July 2017 (s 64)\nExempt sellers—conditions\ns 62 exp 1 July 2017 (s 64)\nMiscellaneous\ndiv 10.9 hdg exp 1 July 2017 (s 64)\nTransitional regulations\ns 63 exp 1 July 2017 (s 64)\nExpiry—pt 10\ns 64 exp 1 July 2017 (s 64)\n\nEndnotes\nEarlier republications 5\nR2\n02/07/17\nNational Energy Retail Law (ACT) Act 2012\nEffective: 02/07/17\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 July 2012\n1 July 2012–\n1 July 2017\nnot amended new Act\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have\nexpired. The expiry does not affect any continuing operation of the provisions\n(see Legislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’\nfollowed by the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2017","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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act appears to maintain its original scope as an adoption/application statute. The primary purpose was always to apply the National Energy Retail Law in the ACT with specific local modifications (price regulation, border areas, interest charges). The expired transitional provisions (Part 10) were part of the original implementation mechanism and their expiry does not represent scope creep. The Act remains focused on its core function of establishing the national energy retail framework in the ACT."},"complexity_factors":["The Act is a 'application' or 'mirror' statute that imports an entire external law (the South Australian National Energy Retail Law) by reference, requiring readers to consult multiple jurisdictions' legislation simultaneously","Extensive cross-referencing to the National Energy Retail Law, National Electricity Law, and National Gas Law, as well as South Australian legislation","Multiple layers of delegated legislation: regulations can modify the operation of the adopted national law, rules, and local instruments (sections 23 and 24)","Complex transitional validation provisions (Part 4) with conditional logic regarding instruments and decisions made by the AER during the gap period between enactment and commencement","Border area arrangements (Division 5.2) create overlapping jurisdictional applications where NSW law can displace ACT law for specific persons or geographic areas","Selective application of the ACT Legislation Act 2001 - some parts apply, others are explicitly excluded (section 9), creating uncertainty about which standard statutory interpretation rules apply","Interaction between Commonwealth bodies (AER, Tribunal) and territory law requires understanding of Commonwealth-state-territory power allocations"],"plain_english_summary":"This Act brings the National Energy Retail Law into force in the ACT, adopting the national framework as Territory law. It subjects ACT electricity and gas retailing to the same customer protections, regulator powers and rules used elsewhere, validates earlier AER decisions, and enables information-sharing and border arrangements with NSW. It affects ACT energy customers, retailers, the AER and the ICRC, creating consistent protections and clearer cross-jurisdictional regulation."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Act primarily adopts and implements the National Energy Retail Law in the ACT and adds jurisdiction-specific implementation rules (validation of pre‑commencement AER acts, border-area arrangements, interest and small-customer exceptions, information-sharing with the ICRC, and regulation-making powers). Those are implementation and tailoring measures rather than an expansion beyond the original purpose of bringing the ACT under the national retail framework. The Act does not materially broaden the national law’s substantive subject‑matter; it defines local application, exceptions, and administrative arrangements to fit the ACT context (see ss 6, 12–13, 14, 15–20, 21–24)."},"complexity_factors":["Extensive cross-references to the National Energy Retail Law as set out in the South Australian Act (s 6) and to subordinate national instruments (s 7)","Multiple conditional validation provisions requiring historical and procedural predicates for retrospective effect (ss 12–13)","Division 5.2 border-area regime that allows substitution of NSW law via regulation for specified persons or geographic areas (ss 15–17), creating conditional jurisdictional application","Exceptions and opt-ins: parts of the national law do not apply unless ministerial action is taken (ss 19–20), creating toggles to the law’s scope","Delegation of substantial operational functions to external bodies (AER, Tribunal, ICRC) and authorisation of information-sharing (ss 10, 21, 22)","Broad regulation-making power with specific carve-outs and modification powers (ss 23–24) — many matters left to subordinate instruments","Dictionary and signpost definitions that import terms from multiple instruments and other Acts (s 3 and dictionary), increasing interpretive load","Nested exceptions to the operation of the Legislation Act with specific applied provisions (s 9)","Interplay of territorial law, national law, and other jurisdictions’ laws (ACT, NSW, SA) introducing multi-jurisdictional legal mappings","Use of disallowable and notifiable instruments for key switches (s 20(2), s 24(5)) which require tracking subordinate instrument processes"],"plain_english_summary":"**What this law does (mechanically)\n\n- Adopts the national energy retail framework for the ACT by making the National Energy Retail Law (as set out in the South Australian Act and as amended from time to time) operate as a territory law in the ACT (s 6).  The National Energy Retail Regulation also applies in the ACT (s 7).\n\n- States how certain terms should be read in the ACT version of the national law (s 8) and places the Act’s dictionary inside the Act (s 3).\n\n- Carves out how ACT and some South Australian Acts apply to the National Energy Retail Law, and specifies limited parts of the Legislation Act that do still apply (s 9).\n\n- Enables Commonwealth regulator bodies to exercise functions in the ACT where those functions are conferred by national retail legislation (AER and Tribunal) (s 10).\n\n- Validates decisions and instruments made by the Australian Energy Regulator (AER) during the period between the South Australian law being enacted and the national law first applying in the ACT, where those decisions would have been authorised had the national law then been in force (s 12).  It also treats certain preparatory steps taken by the AER in that earlier period as satisfying later procedural requirements (s 13).\n\n- Requires retailers to ensure their standing-offer prices for small customers are consistent with price directions made by the ACT Independent Competition and Regulatory Commission (ICRC) (s 14).\n\n- Provides a mechanism for applying New South Wales’ version of the national energy retail law in particular border areas or to particular persons in the ACT instead of the ACT’s local energy retail law, where regulations name the areas/persons and identify the NSW provisions to apply (div 5.2; ss 15–17).\n\n- Regulates interest on unpaid accounts: retailers may charge interest from 14 days after the due date, but for small customers the rate must be published as part of the retailer’s standing offer prices and cannot exceed the ACT Supreme Court default judgment interest rate; other statutory prohibitions still apply (s 18).\n\n- Declares that two parts of the national law are not applied in the ACT unless the ACT Minister declares otherwise: (a) the small market offer customer rule (National Energy Retail Law s 31) (s 19), and (b) the small compensation claims regime (National Energy Retail Law part 7) (s 20).  The small compensation part can be switched on by Ministerial declaration (a disallowable instrument) (s 20(2).\n\n- Authorises the ICRC to provide the AER with information and assistance (including information given to the ICRC in confidence), and to allow the AER to disclose such information; and states that doing so does not breach other legal or contractual duties (s 21).\n\n- Extends parts of the National Energy Retail Law concerning the AER’s functions, compliance, enforcement and evidentiary matters so they can apply in relation to this Act and specified provisions of it (s 22).\n\n- Gives the ACT Executive broad regulation-making powers to implement the framework, including powers to confer functions on the AER, prescribe retailer/distributor requirements (eg, connection, de‑energisation, re‑energisation), and make local instruments for the national law (ss 23–24).\n\nWhy the law matters (official purpose and practical effect)\n\n- The Act brings the ACT into the national energy customer framework by giving force to the National Energy Retail Law in the territory (s 6).  The official purpose is to create a consistent national regulatory framework for retail energy supply.  Mechanically, that means many operative rules, compliance and enforcement functions sit with the national law and the AER, rather than purely with local ACT rules (see ss 6, 10, 22).\n\nPractical consequences, incentives and trade-offs to note (linked to sections)\n\n- Who pays and who decides: Retailers must comply with national rules and with ACT price directions for small customers (s 14). The AER is given routes to act in the ACT and to obtain information from the ACT regulator (ICRC) (ss 10, 21, 22). The Executive and Minister retain power to make regulations and local instruments affecting how the national law operates in the ACT (ss 23–24).  This shifts significant operational decision-making to regulators and the Executive.\n\n- Compliance burden and private costs: Retailers face compliance obligations under both the national law and ACT regulations (s 23(2)(b)), must publish standing-offer details (s 18(3) read with National Energy Retail Law definitions) and limit interest charged to small customers (s 18).  Those rules create direct administrative and pricing constraints on retailers.\n\n- Concentrated benefits / diffuse costs: Conferring enforcement and detailed regulatory functions on the AER centralises regulatory authority (ss 10, 22, 23). Entities that obtain regulator-granted functions (AER, ICRC) gain concentrated powers and responsibilities; costs of compliance are dispersed across many retailers and ultimately customers through price or administrative effects.\n\n- Legal and implementation risk: The Act validates pre-commencement AER actions to avoid legal uncertainty (ss 12–13). It relies on cross‑jurisdictional references to the South Australian schedule and to other participating jurisdictions’ versions of the law (s 6 and div 5.2). That creates dependence on external instruments and amendments, which increases complexity in interpreting the applicable rules.\n\n- Border-area regulatory substitution: The power to apply NSW retail provisions to specified ACT areas or persons (ss 15–17) introduces potential regulatory fragmentation for retailers and customers in border areas — behaviour and compliance obligations may differ depending on where a customer or premises are declared to be covered.\n\n- Confidentiality and information flows: The ICRC can pass confidential material to the AER and authorise its further disclosure (s 21). That reduces legal friction for inter‑regulatory cooperation but may alter expectations about confidentiality for information provided to the ICRC.\n\n- Ministerial discretion and democratic oversight: The Minister can switch on the small compensation regime by declaration (s 20). Declarations are disallowable instruments, so they are subject to parliamentary oversight, but they enable executive discretion to change the law’s reach without primary‑legislation amendments.\n\nConcrete legal mechanics to watch when implementing or complying\n\n- Retailers must match standing-offer prices to ICRC price directions (s 14).\n- Interest charged to small customers is capped by publication and default rate limits (s 18).\n- The AER’s pre-application actions are retrospectively validated if they would have been authorised (s 12).\n- Regulations can assign functions and modify how national rules apply locally (ss 23–24).\n\nSources of tension and opportunity costs\n\n- Centralising enforcement with the AER improves uniformity but increases reliance on a single regulator and intergovernmental cooperation (ss 10, 22).\n- The ability to prescribe NSW law in ACT border areas simplifies cross-border service delivery in some cases but can create regulatory complexity for businesses operating across multiple ACT areas (ss 15–17).\n\nOverall, the Act mechanically imports the national retail energy law into the ACT, establishes how national and local instruments interact, assigns roles to the AER and ICRC, and leaves flexibility to the Executive and Minister to tailor certain matters by regulation or declaration (see ss 6–7, 10, 12–14, 18–24)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/national-energy-retail-law-act-act-2012","history":"/api/acts/national-energy-retail-law-act-act-2012/history","analysis":"/api/acts/national-energy-retail-law-act-act-2012/analysis","conflicts":"/api/acts/national-energy-retail-law-act-act-2012/conflicts","importantCases":"/api/acts/national-energy-retail-law-act-act-2012/important-cases","documents":"/api/acts/national-energy-retail-law-act-act-2012/documents"}}