{"id":"nsw:sl-2020-0511","name":"National Energy Retail Law (Adoption) Regulation 2020","slug":"national-energy-retail-law-adoption-regulation-2020","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"511 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176398,"registerId":"nsw-nsw:sl-2020-0511-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(cf 2013 reg cl 1)\n\n> This Regulation is the [National Energy Retail Law (Adoption) Regulation 2020](/view/html/inforce/current/sl-2020-0511).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n(cf 2013 reg cl 2)\n\n> This Regulation commences on 1 September 2020 and is required to be published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation replaces the [National Energy Retail Law (Adoption) Regulation 2013](/view/html/repealed/current/sl-2013-0168), which is repealed on 1 September 2020 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n(cf 2013 reg cl 3)\n\n> > (1) In this Regulation—\n> > \n> > National Law means the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a).\n> > \n> > the Act means the [National Energy Retail Law (Adoption) Act 2012](/view/html/inforce/current/act-2012-037).\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.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.\n> \n> Note.\n> \n> For the purposes of comparison, provisions of this Regulation contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of the [National Energy Retail Law (Adoption) Regulation 2013](/view/html/repealed/current/sl-2013-0168) (2013 reg).","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Regulations for National Law","content":"# Part 2 Regulations for National Law\n\nPart 2 Regulations for National Law","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Small customers","content":"#### 4 Small customers\n\n4 Small customers\n\n(cf 2013 reg cl 4)\n\n> For the purposes of section 6 of the National Law, the upper consumption threshold for business customers is—\n> \n> > (a) for a consumer of electricity, a rate of 100MWh per year, or\n> \n> > (b) for a consumer of gas, a rate of 1,000 gigajoules per year.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Nominated local area retailers","content":"#### 5 Nominated local area retailers\n\n5 Nominated local area retailers\n\n(cf 2013 reg cl 5)\n\n> > (1) The following retailers are nominated as the local area retailers for gas for premises specified below in relation to each retailer—\n> > \n> > > (a) Origin Energy LPG Ltd (ACN 000 508 369) for premises in this State connected to the following distribution systems—\n> > > \n> > > > (i) the distribution system of Australian Gas Networks (NSW) Pty Ltd (ACN 083 199 839),\n> > > \n> > > > (ii) the distribution system of Central Ranges Pipeline Pty Ltd (ACN 108 218 355),\n> > > \n> > > > (iii) the distribution system of Australian Gas Networks (Albury) Pty Ltd (ACN 000 001 249),\n> > \n> > > (b) AGL Retail Energy Limited (ACN 074 839 464) and AGL Sales Pty Ltd (ACN 090 538 337) for premises in this State connected to the distribution system of Jemena Gas Networks (NSW) Ltd (ACN 003 004 322),\n> > \n> > > (c) ActewAGL Retail (partnership of Icon Retail Investments Limited (ACN 074 371 207) and AGL ACT Retail Investments Pty Ltd (ACN 093 631 586)) for premises in this State connected to the distribution system of ActewAGL Distribution (partnership of Icon Distribution Investments Limited (ACN 073 025 224) and Jemena Networks (ACT) Pty Ltd (ACN 008 552 663),\n> > \n> > > (d) AGL Sales Pty Ltd (ACN 090 538 337) for premises in this State connected to the distribution system of Allgas Energy Pty Ltd (ACN 009 656 446).\n> \n> > (2) The following retailers are nominated as the local area retailers for electricity for premises specified below in relation to each retailer—\n> > \n> > > (a) Origin Energy Electricity Ltd (ACN 071 052 287) for premises in this State connected to the following distribution systems—\n> > > \n> > > > (i) the distribution system of Essential Energy,\n> > > \n> > > > (ii) the distribution system of Endeavour Energy,\n> > \n> > > (b) EnergyAustralia Pty Ltd (ACN 086 014 968) for premises in this State connected to the distribution system of Ausgrid,\n> > \n> > > (c) ActewAGL Retail (partnership of Icon Retail Investments Limited (ACN 074 371 207) and AGL ACT Retail Investments Pty Ltd (ACN 093 631 586)) for premises in this State connected to the distribution system of ActewAGL Distribution (partnership of Icon Distribution Investments Limited (ACN 073 025 224) and Jemena Networks (ACT) Pty Ltd (ACN 008 552 663)).","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Application of National Law price comparator provisions","content":"#### 6 Application of National Law price comparator provisions\n\n6 Application of National Law price comparator provisions\n\n(cf 2013 reg cl 7)\n\n> > (1) Section 62 of the National Law is declared to apply in relation to this State.\n> \n> > (2) Section 63(b) of the National Law is declared to apply in relation to retailers in this State.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Limitation of liability of distributors—modifications","content":"#### 7 Limitation of liability of distributors—modifications\n\n7 Limitation of liability of distributors—modifications\n\n(cf 2013 reg cl 8)\n\n> > (1) In this clause, the approved distributor limitation of liability clause is a clause to the following effect—\n> \n> > (2) For the purposes of section 316A(3)(a) of the National Law—\n> > \n> > > (a) an agreement with a small customer varying or excluding the operation of section 316(1) of that Law is to be in or to the effect of the approved distributor limitation of liability clause, and\n> > \n> > > (b) a condition varying or excluding the operation of section 316(1) of that Law in a proposed standard connection contract prepared under section 75 of that Law is to be in or to the effect of the approved distributor limitation of liability clause.\n> \n> > (3) Rule 83 of the National Energy Retail Rules is taken to be modified to provide that a distributor may include an approved distributor limitation of liability clause in a negotiated connection contract with a small customer but must not include any other limitation of liability for breach of contract or negligence by the distributor in a negotiated connection contract with the small customer.\n> \n> > (4) Clause 8 of Schedule 2 to the National Energy Retail Rules is taken to be modified—\n> > \n> > > (a) to permit (as a permitted alteration to that clause) the inclusion in that clause of the approved distributor limitation of liability clause (with appropriate modifications to reflect the manner in which the distributor and the National Law are referred to), and\n> > \n> > > (b) if that clause is included, by inserting “(except as provided by this clause)” after “negligently” in clause 8(c).\n> \n> > (5) Nothing in this clause affects the operation of any determination that may be made under an energy ombudsman scheme established under section 96B of the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094).","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Market Monitor","content":"#### 8 Market Monitor\n\n8 Market Monitor\n\n(cf 2013 reg cl 8A)\n\n> The Independent Pricing and Regulatory Tribunal is prescribed as the Market Monitor for the purposes of Part 9A of the National Law.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Powers of Market Monitor and conduct of special reviews","content":"#### 9 Powers of Market Monitor and conduct of special reviews\n\n9 Powers of Market Monitor and conduct of special reviews\n\n(cf 2013 reg cl 8B)\n\n> > (1) In a special review under Part 9A of the National Law, the Market Monitor—\n> > \n> > > (a) is to act with as little formality as possible, and\n> > \n> > > (b) may inform itself on any matter in any way it thinks fit and is not bound by the rules of evidence, and\n> > \n> > > (c) may receive information or submissions in the form of oral or written statements, and\n> > \n> > > (d) may consult with such persons as it thinks fit.\n> \n> > (2) The Market Monitor may, but is not required to, hold hearings or public seminars, conduct workshops and establish working groups and task forces for the purposes of a special review.\n> \n> > (3) The Market Monitor must consult with retailers in a special review.\n> \n> > (4) If the Market Monitor holds hearings, it must give reasonable notice, in a manner that the Market Monitor is satisfied is likely to bring the notice to the attention of members of the public generally, of its intention to hold the hearings, the subject of the hearings and the time and place at which the first of the hearings is to begin.\n> \n> > (5) The Market Monitor may call for written submissions and may specify a time and date by which those submissions must be made. The Market Monitor may extend the time for the making of submissions.\n> \n> > (6) A hearing may be held in public or in private, at the discretion of the Market Monitor, and may be conducted as determined by the Market Monitor.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Provision of information, documents and evidence","content":"#### 10 Provision of information, documents and evidence\n\n10 Provision of information, documents and evidence\n\n(cf 2013 reg cl 8C)\n\n> > (1) For the purposes of a special review, the Chairperson of the Market Monitor may, by notice in writing served on an officer of a retailer or any other person, require the officer or person to do any one or more of the following—\n> > \n> > > (a) to give to the Market Monitor, on or before a day specified in the notice, a statement setting out such information as is so specified,\n> > \n> > > (b) to give to the Market Monitor, on or before a day specified in the notice, such documents as are so specified,\n> > \n> > > (c) to attend a meeting or hearing of the Market Monitor to give evidence.\n> \n> > (2) If documents are given to the Market Monitor under this clause, the Market Monitor—\n> > \n> > > (a) may take possession of, and make copies of or take extracts from, the documents, and\n> > \n> > > (b) may keep possession of the documents for such period as is necessary for the purposes of the special review to which they relate, and\n> > \n> > > (c) during that period must permit them to be inspected at all reasonable times by persons who would be entitled to inspect them if they were not in the possession of the Market Monitor.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Confidential information","content":"#### 11 Confidential information\n\n11 Confidential information\n\n(cf 2013 reg cl 8D)\n\n> > (1) If a person provides information (protected information) to the Market Monitor for the purposes of a special review on the understanding that the information is confidential and will not be divulged, the Market Monitor is required to ensure that the information is not divulged by it to any person, except—\n> > \n> > > (a) with the consent of the person who provided the information, or\n> > \n> > > (b) to the extent that the Market Monitor is satisfied that the information is not confidential in nature, or\n> > \n> > > (c) to a member or officer of the Market Monitor.\n> \n> > (2) If the Market Monitor is satisfied that protected information provided to the Market Monitor by a person needs to be divulged for the purposes of its report on the special review, and the exceptions in subclause (1)(a)–(c) are not applicable, the Market Monitor may notify the person that the Market Monitor proposes to divulge the information in its report after a specified period.\n> \n> > (3) After the specified period, and despite subclause (1), the Market Monitor may divulge the information in its report.\n> \n> > (4) If the Market Monitor is satisfied that it is desirable to do so because of the confidential nature of any information provided to it in connection with its functions relating to a special review, it may give directions prohibiting or restricting the divulging of the information.\n> \n> > (5) A person must not contravene a direction given under subclause (4).\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (6) A reference in this clause to information includes information given at a meeting or hearing of the Market Monitor and information contained in any documents given to the Market Monitor.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Offences","content":"#### 12 Offences\n\n12 Offences\n\n(cf 2013 reg cl 8E)\n\n> > (1) A person must not, without reasonable excuse—\n> > \n> > > (a) refuse or fail to comply with a notice served under clause 10, or\n> > \n> > > (b) refuse or fail to answer a question that the person is required to answer by the Chairperson at any meeting or hearing before the Market Monitor for the purposes of a special review.\n> \n> > (2) It is a reasonable excuse for the purposes of subclause (1) that to comply with the notice or to answer the question might tend to incriminate a natural person or make the person liable to any forfeiture or penalty.\n> \n> > (3) A person must not—\n> > \n> > > (a) give to the Market Monitor, whether orally or in writing, information that the person knows to be false or misleading in a material particular (unless the person informs the Market Monitor of that fact), or\n> > \n> > > (b) at a meeting of or hearing before the Market Monitor, give evidence that the person knows to be false or misleading in a material particular.\n> \n> > (4) A person must not hinder, obstruct or interfere with the Chairperson or any other member of the Market Monitor in the exercise of functions for the purposes of a special review as Chairperson or other member.\n> > \n> > Maximum penalty—100 penalty units.","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Modifications to National Energy Retail Rules","content":"# Part 3 Modifications to National Energy Retail Rules\n\nPart 3 Modifications to National Energy Retail Rules","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Charges for paper bills or paying bills at Australia Post prohibited","content":"#### 13 Charges for paper bills or paying bills at Australia Post prohibited\n\n13 Charges for paper bills or paying bills at Australia Post prohibited\n\n(cf 2013 reg cl 9B)\n\n> The National Energy Retail Rules are modified by inserting after rule 35 the following rule—","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Early termination charges","content":"#### 14 Early termination charges\n\n14 Early termination charges\n\n(cf 2013 reg cl 9C)\n\n> The National Energy Retail Rules are modified by omitting rule 49A and inserting instead—","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Late payment fees","content":"#### 15 Late payment fees\n\n15 Late payment fees\n\n(cf 2013 reg cl 10)\n\n> Rule 73 of the National Energy Retail Rules is modified by inserting the following subrule at the end of the rule—\n> \n> > > (2) A retailer must waive any fee payable under a customer retail contract with a small customer for late payment of a bill for customer services in the following circumstances—\n> > > \n> > > > (a) if the contract is a contract for electricity or a dual fuel contract and the customer receives the Low Income Household Rebate or the Medical Energy Rebate;\n> > > \n> > > > (b) if that bill, or another bill given to the customer under the contract, is the subject of a matter being considered by the energy ombudsman;\n> > > \n> > > > (c) if the bill is subject to an arrangement to pay by instalments under a payment plan;\n> > > \n> > > > (d) if any part of the bill is paid by a voucher issued under the Energy Accounts Payment Assistance Scheme;\n> > > \n> > > > (e) if the retailer is aware that the customer has sought assistance to pay the bill from a participating community welfare organisation that issues vouchers under the Energy Accounts Payment Assistance Scheme.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Waiver of early termination charges","content":"#### 16 Waiver of early termination charges\n\n16 Waiver of early termination charges\n\n(cf 2013 reg cl 10A)\n\n> The National Energy Retail Rules are modified by inserting after rule 73 the following rule—","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Planned interruptions to supply","content":"#### 17 Planned interruptions to supply\n\n17 Planned interruptions to supply\n\n(cf 2013 reg cl 11)\n\n> The National Energy Retail Rules are taken to be modified by inserting after rule 90 the following rule—","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Complying generators","content":"#### 18 Complying generators\n\n18 Complying generators\n\n(cf 2013 reg cl 12)\n\n> In clause 6.6 of Schedule 2 to the National Energy Retail Rules, a reference to a small generator is taken to include a reference to a complying generator within the meaning of section 15A of the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094) (before its repeal).","sortOrder":25},{"sectionNumber":"Part 4","sectionType":"part","heading":"Exemptions from National Law","content":"# Part 4 Exemptions from National Law\n\nPart 4 Exemptions from National Law","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Exemption of Essential Energy for sale and supply of electricity","content":"#### 19 Exemption of Essential Energy for sale and supply of electricity\n\n19 Exemption of Essential Energy for sale and supply of electricity\n\n(cf 2013 reg cl 13)\n\n> > (1) Essential Energy is exempted from the National Law in relation to the sale or supply of electricity to a customer under an existing retail contract.\n> \n> > (2) An exemption under this clause ceases to have effect if the contract is varied unless the Minister determines, by notice in writing to Essential Energy, that the exemption extends to the sale or supply of electricity under the contract as so varied.\n> \n> > (3) The provisions of the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094), and regulations under that Act, as in force immediately before the amendment of that Act by the [Energy Legislation Amendment (National Energy Retail Law) Act 2012](/view/html/repealed/current/act-2012-038), continue to apply to an existing retail contract entered into by Essential Energy if an exemption is in force under this clause in relation to the contract.\n> \n> > (4) In this clause—\n> > \n> > existing retail contract means a negotiated customer supply contract, or a standard form customer supply contract, under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094) that was in force between a small retail customer and a retailer immediately before 1 July 2013.","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Exemption of Sunset Power International Pty Ltd for BHP contract","content":"#### 20 Exemption of Sunset Power International Pty Ltd for BHP contract\n\n20 Exemption of Sunset Power International Pty Ltd for BHP contract\n\n(cf 2013 reg cl 14)\n\n> > (1) Sunset Power International Pty Ltd (ACN 162 696 335) is exempted from the National Law in relation to the sale or supply of electricity under the BHP Port Kembla Slab and Plate Products Contract.\n> \n> > (2) In this clause—\n> > \n> > BHP Port Kembla Slab and Plate Products Contract means the contract between Sunset Power International Pty Ltd (ACN 162 696 335) and Bluescope Steel (AIS) Pty Ltd (ACN 000 019 625) that arises from the agreements between those parties (or their predecessors or successors in title) dated 24 May 1955, 27 November 1958 and 1 December 1969 and any variations of contract arising from the following—\n> > \n> > > (a) the Combined Port Kembla and Newcastle Supplementary Agreement No 1 between Sunset Power International Pty Ltd (ACN 162 696 335), Bluescope Steel (AIS) Pty Ltd (ACN 000 019 625) and BHP Billiton Limited (ACN 004 028 077) dated 19 June 1998,\n> > \n> > > (b) the Port Kembla Supplementary Deed No 1 dated 28 January 2004, and the Port Kembla Supplementary Deed No 1 dated 4 July 2008, between Sunset Power International Pty Ltd (ACN 162 696 335) and Bluescope Steel (AIS) Pty Ltd (ACN 000 019 625).\n> \n> > (3) An exemption under this clause ceases to have effect if the BHP Port Kembla Slab and Plate Products Contract is varied unless the Minister determines, by notice in writing to Sunset Power International Pty Ltd (ACN 162 696 335), that the exemption extends to the sale or supply of electricity under the contract as so varied.","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Exemption of AGL Macquarie Pty Limited for Tomago contract","content":"#### 21 Exemption of AGL Macquarie Pty Limited for Tomago contract\n\n21 Exemption of AGL Macquarie Pty Limited for Tomago contract\n\n(cf 2013 reg cl 15)\n\n> > (1) AGL Macquarie Pty Limited is exempted from the National Law in relation to the sale or supply of electricity under the power supply agreement dated 23 January 1991 between AGL Macquarie Pty Limited (ACN 167 859 494), Tomago Aluminium Company Pty Ltd and others.\n> \n> > (2) An exemption under this clause ceases to have effect if that agreement is varied unless the Minister determines, by notice in writing to AGL Macquarie Pty Limited, that the exemption extends to the sale or supply of electricity under the agreement as so varied.","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Exemption of Ausgrid for Kurri Kurri contract","content":"#### 22 Exemption of Ausgrid for Kurri Kurri contract\n\n22 Exemption of Ausgrid for Kurri Kurri contract\n\n(cf 2013 reg cl 16)\n\n> > (1) Ausgrid is exempted from the National Law in relation to the sale or supply of electricity under the electricity supply agreement dated 28 June 2002 between Ausgrid (ABN 67 505 337 385) (formerly EnergyAustralia) and Hydro Aluminium Kurri Kurri Pty Ltd (ACN 093 266 221).\n> \n> > (2) An exemption under this clause ceases to have effect if that agreement is varied unless the Minister determines, by notice in writing to Ausgrid, that the exemption extends to the sale or supply of electricity under the agreement as so varied.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Exemption for small generating systems","content":"#### 23 Exemption for small generating systems\n\n23 Exemption for small generating systems\n\n(cf 2013 reg cl 17)\n\n> A person is exempted from the National Law in relation to the sale or supply of electricity if—\n> \n> > (a) the electricity is generated by one or more generating systems owned or controlled by the person, and\n> \n> > (b) the generating system or systems supply electricity to a transmission or distribution system through a single connection point, or an electrically common point, at a rate of 30 megawatts or less, and\n> \n> > (c) the distribution system (if any) that conveys the electricity is owned or controlled by a distributor that holds a distributor’s licence under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094) or that is exempted from the requirement to hold such a licence.","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Exemption for Queensland cross-border suppliers of energy","content":"#### 24 Exemption for Queensland cross-border suppliers of energy\n\n24 Exemption for Queensland cross-border suppliers of energy\n\n(cf 2013 reg cl 18)\n\n> > (1) Ergon Energy Queensland Pty Ltd (ACN 121 177 802) is exempted from the National Law in relation to the supply of electricity to premises in this State connected to the distribution system of Ergon Energy Corporation Limited (ACN 087 646 062) on condition that the supply of electricity is consistent with the provisions of the National Energy Retail Law (Queensland) of Queensland that would apply if the supply were a sale of electricity that occurred in Queensland.\n> \n> > (2) Allgas Energy Pty Ltd (ACN 009 656 446) is exempted from the National Law in relation to the supply of gas to premises in this State by its distribution system on condition that the supply of the gas is consistent with the provisions of the National Energy Retail Law (Queensland) of Queensland that would apply if the supply of gas occurred in Queensland.\n> \n> > (3) Ergon Energy Corporation Limited (ACN 087 646 062) is exempted from the National Law in relation to the supply of electricity to premises in this State by its distribution system on condition that the supply of the electricity is consistent with the provisions of the National Energy Retail Law (Queensland) of Queensland that would apply if the supply were a sale of electricity that occurred in Queensland.\n> \n> > (4) For the avoidance of doubt, nothing in this clause is intended to require a community services agreement entered into by Ergon Energy Queensland Pty Ltd (ACN 121 177 802) with the State of Queensland for the provision of community services to apply in respect of a supply of electricity referred to in this clause.\n> > \n> > Note.\n> > \n> > Ergon Energy Queensland Pty Ltd is required to comply with the NSW Social Programs for Energy Code (made under clause 21 of the [Electricity Supply (General) Regulation 2014](/view/html/inforce/current/sl-2014-0523)) in respect of its supply of electricity in this State.","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Exemption for Victorian cross-border suppliers of energy","content":"#### 25 Exemption for Victorian cross-border suppliers of energy\n\n25 Exemption for Victorian cross-border suppliers of energy\n\n(cf 2013 reg cl 19)\n\n> > (1) Australian Gas Networks (Albury) Pty Ltd (ACN 000 001 249) is exempted from the National Law in relation to the supply of gas to premises in this State by its distribution system on condition that the supply of the gas is consistent with the provisions of the Gas Industry Act 2001 of Victoria that would apply if the supply of gas occurred in Victoria.\n> \n> > (2) This clause does not require Australian Gas Networks (Albury) Pty Ltd to comply with any requirement under the Gas Industry Act 2001 of Victoria relating to entering into an agreement with the State of Victoria for the provision of community services.","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Exemption for ACT cross-border suppliers of energy","content":"#### 26 Exemption for ACT cross-border suppliers of energy\n\n26 Exemption for ACT cross-border suppliers of energy\n\n(cf 2013 reg cl 20)\n\n> ActewAGL Distribution (partnership of Icon Distribution Investments Limited (ACN 073 025 224) and Jemena Networks (ACT) Pty Ltd (ACN 008 552 663)) is exempted from the National Law in relation to the supply of gas or electricity to premises in this State by its distribution system on condition that the supply of the gas or electricity is consistent with the National Energy Retail Law (ACT).","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Functions of AER relating to cross-border exemptions","content":"#### 27 Functions of AER relating to cross-border exemptions\n\n27 Functions of AER relating to cross-border exemptions\n\n(cf 2013 reg cl 21)\n\n> > (1) The AER has the function of monitoring compliance with, and enforcement of, conditions of exemption by persons exempted from the National Law under clauses 24–26, but only if the National Law applies in the other State or Territory referred to in those clauses.\n> \n> > (2) The AER also has and may exercise, in relation to compliance with and enforcement of those conditions, the same functions and powers as it has in relation to compliance with and enforcement of the National Law.","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Conditions relating to exemption of Lord Howe Island Board","content":"#### 28 Conditions relating to exemption of Lord Howe Island Board\n\n28 Conditions relating to exemption of Lord Howe Island Board\n\n(cf 2013 reg cl 22)\n\n> > (1) The exemption of the Lord Howe Island Board from the application of the National Law under section 3A of the National Law is subject to the conditions set out in this clause.\n> \n> > (2) The Board must provide customer connection services to a person who requests the services and whose premises are connected to, or who is seeking to have premises connected to, the Board’s distribution system.\n> \n> > (3) The Board must provide customer retail services to a customer who requests the services and whose premises are connected to, or who is seeking to have premises connected to, the Board’s distribution system.\n> \n> > (4) The Board must provide customer connection services and customer retail services under, or in accordance with, a contract.","sortOrder":36},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Savings","content":"#### 29 Savings\n\n29 Savings\n\n> Any act, matter or thing that, immediately before the repeal of the [National Energy Retail Law (Adoption) Regulation 2013](/view/html/repealed/current/sl-2013-0168), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":38}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation maintains its original purpose as an adoption instrument for the National Energy Retail Law in NSW. While it contains detailed exemptions and consumer protections, these are consistent with the framework of implementing a national scheme with state-specific adaptations. The scope has not expanded beyond the energy retail sector."},"complexity_factors":["Extensive cross-referencing to the National Energy Retail Law, National Energy Retail Rules, and other NSW legislation (Electricity Supply Act 1995, Gas Industry Act 2001 of Victoria, etc.)","Nested conditional logic in exemption clauses (clauses 19-28) with ministerial override provisions","Multiple modifications to external rules (National Energy Retail Rules) requiring readers to mentally integrate inserted text with the base rules","Specific ACN/ABN identification of companies across 8 different exemption clauses","Dual structure: some provisions apply the National Law, others modify it, and others exempt entities from it","Temporal complexity with savings provisions and references to repealed legislation and historical contracts dating back to 1955"],"plain_english_summary":"This NSW regulation adopts and customises the National Energy Retail Law for New South Wales. It sets the rules for how energy retailers and distributors must treat small customers (businesses using less than 100MWh of electricity or 1,000 gigajoules of gas per year).\n\n**Key things this regulation does:**\n\n- **Names the default retailers** for different areas of NSW, so customers know who supplies their gas or electricity if they haven't chosen a specific retailer (e.g., Origin Energy for most of regional NSW, EnergyAustralia for Sydney metro areas).\n\n- **Protects vulnerable customers** by:\n  - Banning fees for paper bills or paying at Australia Post\n  - Requiring retailers to waive late payment fees for customers receiving government rebates, on payment plans, or receiving emergency assistance\n  - Restricting early termination charges on energy contracts (with limited exceptions for things like solar panel installation costs)\n\n- **Limits what distributors can be sued for** if they accidentally cut off power or gas, capping liability at $5,000 per year for most losses and excluding indirect losses like lost business profits.\n\n- **Sets up a Market Monitor** (the Independent Pricing and Regulatory Tribunal) to watch the energy market and conduct special reviews with powers to demand documents and hold hearings.\n\n- **Creates exemptions** so certain large industrial contracts and cross-border suppliers (from Queensland, Victoria and the ACT) don't have to follow all the usual retail rules.\n\n- **Allows shorter notice for planned power outages** if customers agree in writing.\n\n**Who it affects:** Energy retailers, distributors (the companies that own the poles and wires), and small customers (households and small businesses) in NSW."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This Regulation replaces the 2013 adoption regulation and largely carries forward the prior structure and detailed local arrangements (see commencement and savings). It re-states consumption thresholds, nominated local retailers, rule modifications, prescribed Market Monitor and a set of named exemptions similar to the earlier instrument, so it does not materially expand or narrow the statutory scope but updates and re-enacts the operational details for NSW."},"complexity_factors":["Multiple cross-references to the National Energy Retail Law and National Energy Retail Rules requiring interpretation of both instruments together (clauses 3, 6, Part 3)","Mixture of general rules (billing, fees, waivers) and numerous targeted, named exemptions for specific contracts and firms (Part 4)","Insertion/modification of contractual limitation of liability language with precise legal effect and a numeric cap ($5,000) (clause 7 and clause text)","Broad discretionary and investigatory powers for the Market Monitor including confidentiality and disclosure mechanics, and criminal/penalty provisions (clauses 8–12)","Operational record-keeping and procedural requirements (eg. notices, 2-year retention for agreements, production of documents) that create distinct compliance pathways for retailers and distributors (clauses 10, 17)"],"plain_english_summary":"# What this regulation does, who it affects, and how it works\n\nThis Regulation adopts and applies the National Energy Retail Law in New South Wales and sets a range of local rules, thresholds, exemptions and administrative arrangements that affect retailers, distributors, some generators and customers. It mostly reproduces and updates the prior 2013 adoption regulation (see commencement and savings) and translates national retail rules into binding State-level details.\n\nKey mechanical changes and provisions\n\n- It sets the small-customer consumption thresholds that determine who is treated as a \"small customer\": 100 MWh/year for electricity and 1,000 GJ/year for gas (clause 4). This determines which customers get protections and consumer-facing obligations under the National Law.\n\n- It nominates specific \"local area retailers\" for particular gas and electricity distribution systems by name (for example, Origin Energy, AGL, ActewAGL) so those retailers are the default local retailer for premises on those networks (clause 5). This is a concrete allocation of default retail responsibility for given network areas.\n\n- It declares certain price-comparator provisions of the National Law apply in NSW (clause 6), making those national disclosure/comparison rules enforceable here.\n\n- It modifies the distributor liability rules by authorising an \"approved distributor limitation of liability clause\" to appear in contracts and negotiated connection contracts, and by taking Rule 83 and parts of Schedule 2 to be modified accordingly (clause 7). The text provided as the approved clause (inserted in the Regulation) (a) excludes distributor liability for indirect, economic, special or consequential loss arising from partial or total supply failure caused by an act or omission done or omitted in bad faith or through negligence, and (b) caps a distributor's liability for direct losses from supply failure during a calendar year at the lesser of repair/replacement cost and $5,000 (the clause text at the end of clause 7). That allocation limits the types and size of loss for which distributors can be held contractually liable.\n\n- It prescribes the Independent Pricing and Regulatory Tribunal (IPART) as the Market Monitor under Part 9A of the National Law and gives that Monitor investigative powers for special reviews: informal procedures, broad fact-finding powers not bound by rules of evidence, ability to call for written or oral submissions, to require production of documents or attendance (including by notice), to take and retain copies of documents, and to consult as it sees fit (clauses 8–11). The Market Monitor must consult with retailers (clause 9(3)). There are confidentiality rules for information provided on a protected basis, but the Monitor may notify and then disclose certain information in its report after a specified period; contravening certain confidentiality directions carries a penalty of up to 100 penalty units (clause 11). Refusal to comply with a notice or to answer questions at a Market Monitor hearing is an offence without reasonable excuse; obstruction and giving false evidence are also offences (clause 12), with maximum penalties stated.\n\n- It modifies the National Energy Retail Rules in a number of ways that directly affect retailer–customer interactions (Part 3):\n  - Retailers must not charge small customers for receiving a paper bill or for paying a bill in person at an Australia Post outlet (Rule 35A inserted by clause 13).\n  - Contract terms that impose early termination charges are generally ineffective, with limited exceptions: retailers may recover reasonable installation costs for specified items (solar PV, battery storage, digital meters, associated equipment) if a customer exits early (clause 14, Rule 49A); and a retailer may recover a reasonable, specified charge for early termination of a fixed benefit period where a fixed tariff/charge was provided and the charge is a reasonable estimate of the retailer's costs (clause 14). The rule defines \"reasonable costs\" and excludes recovery based on lost supply or lost profits (clause 14(4)).\n  - Retailers must waive late-payment fees for small customers in specified circumstances: if the customer receives certain rebates (Low Income Household Rebate or Medical Energy Rebate) for electricity or dual-fuel contracts, if the bill is before the energy ombudsman, if the customer is on an instalment payment plan, if part of the bill was paid by an EAPA voucher, or if the retailer is aware the customer has sought EAPA assistance (clause 15, modification to Rule 73).\n  - Retailers must waive early termination charges for small electricity or dual-fuel customers who are hardship customers, who were receiving specified rebates on their last bill before termination, or who paid part of their last bill by an EAPA voucher; retailers may still recover pro rata costs of upfront inducements paid to acquire the customer (clause 16, Rule 73A).\n  - Distributors and customers may agree in writing to shorter notice periods for planned interruptions, subject to minimum protections and record-keeping (clause 17, Rule 90A). If the parties agree to same-day notice, specified consumer protections (certain rules) do not apply to that interruption; distributors must keep a copy of the agreement for at least 2 years (clause 17(6)).\n  - A reference to a \"small generator\" is taken to include a complying generator under section 15A of the Electricity Supply Act 1995 for the Rules' purposes (clause 18).\n\n- The Regulation lists targeted exemptions from the National Law for named suppliers and classes of supply (Part 4). Examples: Existing retail contracts of Essential Energy (clause 19); specific long-term contracts for Sunset Power, AGL Macquarie and Ausgrid for named agreements (clauses 20–22); small generating systems supplying via a single connection point up to 30 MW (clause 23); and various cross-border supplies from Queensland, Victoria or the ACT on condition they comply with the originating jurisdiction’s retail law (clauses 24–26). The Australian Energy Regulator (AER) is given functions to monitor and enforce compliance with the conditions of those cross-border exemptions (clause 27). The Lord Howe Island Board’s exemption is subject to conditions that require it to provide connection and retail services on request and to contract for them (clause 28).\n\n- The savings clause preserves acts and arrangements that were in effect under the 2013 adoption regulation so they continue under this Regulation (clause 29).\n\nOfficial purpose-claims (as stated or implied) and how the instrument operates in practice\n\n- The instrument adopts the national retail law and restates or continues local technical choices and exemptions (see commencement note and clause 29). That is the stated structural purpose: to give effect to the National Energy Retail Law in NSW and to carry forward detailed local arrangements.\n\n- The rules inserted or modified are presented as consumer protections (for example, banning paper-billing charges, limiting early termination charges, requiring fee waivers in hardship/low-income circumstances). Mechanically, those provisions reallocate the immediate cost of certain services or risks from customers to retailers (clauses 13, 14, 15, 16). For instance, prohibiting a paper-bill charge (clause 13 / Rule 35A) makes retailers bear the cost of issuing paper bills; waiving late-payment fees in specified situations (clause 15) removes a source of revenue for retailers and requires them to absorb or reallocate those collection costs.\n\nCosts, incentives and trade-offs (mechanical effects and implementation notes)\n\n- Who pays: retail businesses and distributors take on explicit financial or operational obligations in multiple places. Examples: retailers can no longer levy paper-bill or Australia Post in-person payment fees (clause 13); retailers must waive late fees in specified circumstances (clause 15) and waive early termination charges for hardship or rebate recipients (clause 16) except for pro rata upfront inducement recovery; distributors contractually face a capped liability for supply failures and an exclusion for indirect losses (clause 7). These are direct re-allocations of costs and legal risk.\n\n- Incentive effects: the early-termination and waiver rules reduce the ability of retailers to rely on exit fees to deter churn or recover prospective lost margin (clause 14 and clause 16). The exception allowing recovery of installation costs for certain equipment (clause 14(2)) retains an incentive for retailers to secure upfront-cost recovery where they have funded capital installations. The limitation of distributor liability (clause 7) reduces distributors' exposure to large or consequential claims for supply failure, which may affect their incentives for investment or insurance purchasing.\n\n- Compliance burden and record-keeping: the Market Monitor can require production of information and attendance (clause 10), and the distributor must retain certain agreements for 2 years (clause 17(6)). Retailers and others must manage confidentiality claims and may be subject to penalty for contravening certain directions (clauses 11 and 12). The AER is assigned monitoring/enforcement duties for cross-border exemption conditions (clause 27), creating an additional compliance oversight layer.\n\n- Bureaucratic discretion and procedural risk: the Market Monitor has broad discretionary investigative powers for special reviews (may act informally, is not bound by rules of evidence, may hold private or public hearings and determine procedure) (clause 9). The Monitor may disclose protected information in its report after notifying the provider (clause 11). These provisions place significant procedural discretion with IPART as Market Monitor (clause 8–11).\n\n- Concentration of benefits and targeted exemptions: the Regulation names particular entities and specific contracts that are exempted from the National Law (clauses 19–26). Those clauses shift regulatory obligations away from the National Law framework for those specified supplies and make compliance contingent on listed conditions or ministerial notices extending exemptions if contracts are varied. The AER is given a role in monitoring cross-border exemption conditions (clause 27).\n\nImplementation risks and real-world consequences to watch\n\n- The distributor limitation of liability clause (clause 7 and the inserted clause text) narrows the types of recoverable loss and caps liability, which may interact with insurance and commercial contracting in ways that affect customers and downstream claimants.\n\n- The Market Monitor’s broad fact‑gathering powers and confidentiality/disclosure rules (clauses 9–11) create potential tension between the need for frank submissions and the risk of subsequent disclosure; businesses responding to a special review must manage that legal risk.\n\n- The exemptions framework (clauses 19–28) creates a mix of uniform rules and bespoke carve-outs; entities and customers affected by those carve-outs will need to track whether a particular supply is covered by an exemption and whether alternative regulation applies (for instance, the originating jurisdiction’s retail law for cross-border suppliers).\n\nWho decides and how parties must behave (summary)\n\n- The Minister retains a role in determining whether exemptions continue to apply after contract variation (clauses 19–22). The AER monitors cross-border exemption compliance (clause 27). IPART is the Market Monitor with investigatory powers (clauses 8–11). Retailers must comply with the consumer-facing rule changes (clauses 13–17), distributors may include the approved limitation of liability clause in contracts (clause 7), and specified suppliers are exempted under the listed clauses (19–28).\n\nPrimary statute references: National Energy Retail Law (NSW) (\"National Law\") and National Energy Retail Rules as adopted into NSW by the Adoption Act and this Regulation (see definitions and commencement provisions, clauses 1–3 and commencement note)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available content, the regulation appears to have remained within its original scope since commencement on 28 August 2020. It has never been amended, and the only pending change (the Electricity Supply Amendment (Miscellaneous) Regulation 2026) has not yet commenced. The regulation continues to perform its original single purpose of adopting the National Energy Retail Law in NSW."},"complexity_factors":["Operates as an 'adoption' instrument — its effect depends entirely on understanding the separate National Energy Retail Law it adopts, which is itself complex","Sits within a layered federal-state cooperative legislative scheme (national energy market framework), which can be confusing to navigate","Pending repeal and uncommenced amendment create transitional uncertainty for readers trying to determine current law","Cross-references multiple pieces of legislation (National Energy Retail Law, Subordinate Legislation Act 1989, Interpretation Act 1987)","The document provided contains minimal substantive content — its actual legal effect is largely hidden in the adopted national law rather than on the face of this regulation"],"plain_english_summary":"## National Energy Retail Law (Adoption) Regulation 2020 (NSW)\n\nThis is a NSW regulation that formally adopts the **National Energy Retail Law** — the national framework governing how energy retailers (electricity and gas companies) deal with customers across Australia.\n\n### What does it actually do?\nBy 'adopting' the national law, NSW brings the national energy retail rules into force in this state. This means NSW customers and energy retailers are bound by the national rules covering things like:\n- How energy companies must treat residential and small business customers\n- Billing and payment obligations\n- Rules about disconnection and reconnection\n- Customer hardship protections (special arrangements for people struggling to pay their bills)\n- Complaint handling processes\n\n### Who does it affect?\n- **Everyday NSW households and small businesses** who buy electricity or gas from a retailer\n- **Energy retailers** operating in NSW\n- **The energy regulator** (the Australian Energy Regulator) which enforces the rules\n\n### Important practical notes\n- The regulation has been **unchanged since 28 August 2020** — it has never been amended\n- It is **scheduled to be automatically repealed (cancelled) on 1 September 2026** under standard NSW rules for subordinate legislation (regulations that sit beneath a main Act)\n- A separate amendment regulation is due to commence on 1 July 2026 but is **not yet in force**\n\n### Why does it matter?\nWithout this regulation, the national consumer protections for energy customers would not apply in NSW. It is the legal bridge that connects the national energy retail framework to NSW law."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/national-energy-retail-law-adoption-regulation-2020","history":"/api/acts/national-energy-retail-law-adoption-regulation-2020/history","analysis":"/api/acts/national-energy-retail-law-adoption-regulation-2020/analysis","conflicts":"/api/acts/national-energy-retail-law-adoption-regulation-2020/conflicts","importantCases":"/api/acts/national-energy-retail-law-adoption-regulation-2020/important-cases","documents":"/api/acts/national-energy-retail-law-adoption-regulation-2020/documents"}}