{"id":"qld:act-2014-nerlq","name":"National Energy Retail Law (Queensland)","slug":"national-energy-retail-law-queensland","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"nerlq of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29691,"registerId":"qld-act-2014-nerlq-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Citation and interpretation","content":"## Citation and interpretation","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Citation","content":"### sec.1 Citation\n\nThis Law may be cited as the National Energy Retail Law (Queensland) .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Interpretation","content":"### sec.2 Interpretation\n\nIn this Law—\nAEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;\nAEMO means Australian Energy Market Operator Limited (ACN 072 010 327);\nAER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth;\nAER Exempt Selling Guidelines —see section 118 ;\nAER exempt selling regulatory function or power means a function or power performed or exercised by the AER under Division 6 or 7 of Part 5 and the Rules relating to exemptions from the requirement to hold a retailer authorisation, including (but not limited to) the following:\na decision whether to grant, vary or revoke an individual exemption;\na decision whether to impose, vary or revoke conditions on an individual exemption;\na decision whether to make, vary or revoke a determination specifying deemed exemptions or registrable exemptions, including any associated conditions;\na decision to make or vary the AER Exempt Selling Guidelines;\nAER regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules that relates to—\nthe AER performance regime under Division 2 of Part 12 ;\na retailer authorisation under Part 5 ;\nan AER exempt selling regulatory function or power;\nthe AER Retail Pricing Information Guidelines and price comparator;\napproval of deemed AER approved standard connection contracts under Division 5 of Part 3 ;\nthe RoLR scheme under Part 6 ;\nthe AER trial waiver functions under Part 5A ;\ns 2 def AER regulatory function or power amd 2022 No. 22 (SA) s 18 (1)\nAER Retail Pricing Information Guidelines —see section 61 ;\nAER Retailer Authorisation Guidelines —see section 117 ;\nannual turnover has the same meaning as in section 2 (1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth;\ns 2 def annual turnover ins 2020 No. 37 (SA) s 34 (1)\napplication Act means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law;\ns 2 def application Act amd 2021 No. 3 (SA) s 25 (1)\nassigned retailer means a government owned corporation declared, under section 64C , to be an assigned retailer for Subdivision 2 of Division 12A of Part 2 ;\nThis definition is an additional Queensland provision.\ns 2 def assigned retailer ins 2014 No. 49 (Qld) s 4 sch s 1\nassociate of a retailer or distributor includes—\nan employee or agent of the retailer or distributor; and\na person contracted by the retailer or distributor; and\na person who receives or is contracted to receive commissions from the retailer or distributor;\nbusiness customer means a customer who is not a residential customer;\nbusiness day means a day that is not:\na Saturday or Sunday; or\nobserved as a public holiday on the same day in each of the participating jurisdictions (except the Commonwealth);\nbusiness premises means premises of a business customer, other than premises used solely or principally for personal, household or domestic use;\ncard-operated meter means a device, including any associated equipment, for measuring electricity that switches on and off in accordance with the amount of credit applied to the device by a card designed for use with the device;\nThis definition is an additional Queensland provision.\ns 2 def card-operated meter ins 2014 No. 49 (Qld) s 4 sch s 1\ncard-operated meter premises means premises of a small customer at which electricity is sold to the small customer using a card-operated meter;\nThis definition is an additional Queensland provision.\ns 2 def card-operated meter premises ins 2014 No. 49 (Qld) s 4 sch s 1\ncarry-over customer means a small customer who continues consuming energy at premises after the customer’s previously current customer retail contract expires or terminates—\nwithout provision in that contract for the terms and conditions to apply after expiry or termination for the continued provision of those services; and\nwithout applying to a retailer for the provision (after that expiry or termination) of those services;\nCentrepay means the voluntary direct deduction facility operated by Centrelink;\ncivil monetary liability means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings, but does not include—\na liability for a civil penalty; or\nan infringement penalty under provisions applied by this Law; or\na liability for the costs of a proceeding;\ncivil penalty —see section 4A ;\ns 2 def civil penalty sub 2020 No. 37 (SA) s 34 (2)\ncivil penalty provision has the meaning given by section 4 (1) ;\nCommonwealth Minister means the Minister of the Commonwealth administering the Australian Energy Market Act 2004 of the Commonwealth;\ncompliance, investigation or enforcement provision means the following—\nPart 8 ;\nDivisions 1 to 3 of Part 13 ;\nany other provision of this Law conferring on the AER a function or power relating to monitoring, investigating or enforcing provisions of this Law;\nany other provision of this Law relating to the performance of a function or exercise of a power under a provision mentioned in paragraph (a) , (b) or (c) ;\nThis definition is an additional Queensland provision.\ns 2 def compliance, investigation or enforcement provision ins 2014 No. 49 (Qld) s 4 sch s 1\nconduct provision has the meaning given by section 4 (2) ;\nconnection means a physical link between a distribution system and a customer’s premises to allow the flow of energy;\nconnection alteration means an alteration to an existing connection, including an addition, upgrade, extension, expansion, augmentation or any other kind of alteration;\nCourt means—\nwhere this Law applies as a law of the Commonwealth, the Federal Court;\nwhere this Law applies as a law of a participating jurisdiction that is a State or a Territory, the Supreme Court of that jurisdiction;\ncovered gas has the same meaning as in the NGL;\ns 2 def covered gas ins 2023 No. 36 (SA) s 71 (1)\ncustomer —see section 5 ;\ncustomer connection contract means a contract between a distributor and a customer of the kind referred to in section 67 ;\ncustomer connection service for premises means any or all of the following:\na service relating to a new connection for the premises;\na service relating to a connection alteration for the premises;\na supply service for the premises, including (but not limited to) the energisation, de‐energisation or re‐energisation of the premises;\na service prescribed by the Rules as a customer connection service for the purposes of this definition;\ncustomer hardship policy means a customer hardship policy approved under Division 6 of Part 2 ;\ncustomer retail contract means a contract between a small customer and a retailer of a kind referred to in section 20 for the provision of customer retail services for particular premises;\ncustomer retail service means the sale of energy by a retailer to a customer at premises;\ndeclared wholesale gas market has the same meaning as in the NGL;\nde-energisation or disconnection of premises means—\nin the case of electricity—the opening of a connection; or\nin the case of gas—the closing of a connection,\nin order to prevent the flow of energy to the premises;\ndeemed AER approved standard connection contract means a customer connection contract that is taken to be entered into under section 76 ;\ndeemed customer retail arrangement —see section 54 ;\ndeemed standard connection contract means a customer connection contract that is taken to be entered into under section 70 ;\ndelivery point identifier means the meter installation identification as defined under the relevant Retail Market Procedures within the meaning of the NGL and made under the NGR;\ndesignated retailer for a small customer’s premises means—\nin a case where there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or\nin a case where there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises;\ndisconnection —see the definition of de‐energisation ;\ndistribution system means—\nfor a distributor who is a regulated distribution system operator within the meaning of the NEL—a distribution system within the meaning of the NEL; or\nfor a distributor who is a service provider within the meaning of the NGL who owns, operates or controls a distribution pipeline that is a scheme pipeline under that law—a distribution pipeline within the meaning of the NGL; or\nfor a nominated distributor under section 12 —the nominated distribution system that is specified under that section;\ns 2 def distribution system amd 2022 No. 21 (SA) s 6 (1)\ndistributor means—\na regulated distribution system operator within the meaning of the NEL; or\na service provider within the meaning of the NGL who owns, operates or controls a distribution pipeline that is a scheme pipeline under that Law; or\na nominated distributor, to the extent provided by section 12 ;\ns 2 def distributor amd 2022 No. 21 (SA) s 6 (2)\ndistributor service standards means service standards imposed on distributors by or under energy laws, including, for example, service standards relating to the following:\nthe frequency and duration of supply interruptions;\nthe timely notice of planned interruptions;\nthe quality of supply (excluding frequency) for electricity (including voltage variations);\nwrongful de‐energisation;\ntimeframes for de‐energisation and re‐energisation;\nbeing on time for appointments;\nresponse times for fault calls;\nthe provision of fault information;\nenergisation of premises means—\nin the case of electricity—the closing of a connection; or\nin the case of gas—the opening of a connection,\nin order to allow the flow of energy to the premises;\nenergy means electricity or gas or both;\nenergy laws includes—\nnational energy legislation; and\njurisdictional energy legislation; and\nthe Rules, the NER and the NGR; and\ninstruments made under this Law, the Rules, the NER and the NGR (including the Retail Market Procedures);\nenergy marketing activity means an activity that is carried on to market, advertise or promote—\ncustomer connection services; or\ncustomer retail services; or\na supplier or prospective supplier of customer connection services or customer retail services,\nto a small customer;\nenergy ombudsman means a body or person prescribed by the National Regulations as an energy ombudsman;\nEnergy Security Board means the Energy Security Board referred to in section 2 (1) of the NEL;\ns 2 def Energy Security Board ins 2018 No. 12 (SA) s 12 (2)\nentry criteria (in relation to retailer authorisations)—see section 90 ;\nErgon Energy Distribution means Ergon Energy Corporation Limited ACN 087 646 062;\nThis definition is an additional Queensland provision.\ns 2 def Ergon Energy Distribution ins 2014 No. 49 (Qld) s 4 sch s 1\nexempt seller means a person who is exempted by the AER under Division 6 of Part 5 from the requirement to hold a retailer authorisation;\nexplicit informed consent —see section 39 ;\nfinancially responsible retailer for premises means—\nfor electricity—\nfor premises connected to a nominated distributor’s distribution system—the retailer who is currently selling, or most recently sold, electricity to a customer at the premises; or\nfor other premises—the retailer who is the financially responsible Market Participant responsible for the premises under the NER; or\nfor gas—\nfor premises connected to a nominated distributor’s distribution system—the retailer who is currently selling, or most recently sold, gas to a customer at the premises; or\nfor other premises—the retailer who is responsible for settling the account for gas withdrawn from the delivery point (however described) associated with the premises under the relevant Retail Market Procedures;\nThis definition is a substituted Queensland provision.\ns 2 def financially responsible retailer sub 2014 No. 49 (Qld) s 4 sch s 2\ngas means the following:\nnatural gas;\na natural gas equivalent;\na prescribed covered gas;\ns 2 def gas sub 2023 No. 36 (SA) s 71 (2)\ngovernment owned corporation —\nmeans a government owned corporation within the meaning given by the Government Owned Corporations Act 1993 of Queensland; and\nincludes a subsidiary within the meaning given by that Act;\nThis definition is an additional Queensland provision.\ns 2 def government owned corporation ins 2014 No. 49 (Qld) s 4 sch s 1\nGSL scheme means a scheme set out in energy laws under which there are distributor service standards to which an associated payment (a Guaranteed Service Level payment or GSL payment) is payable by a distributor to the customer where the distributor fails to meet the service standard;\nhardship customer means a residential customer of a retailer who is identified as a customer experiencing financial payment difficulties due to hardship in accordance with the retailer’s customer hardship policy;\nhardship program indicators means the hardship program indicators under section 287 ;\ninitial National Energy Retail Rules means the Initial National Energy Retail Rules made under Part 10 Division 3 ;\ns 2 def initial National Energy Retail Rules amd 2018 No. 12 (SA) s 12 (1)\ninnovative trial principles —see section 13A ;\ns 2 def innovative trial principles ins 2022 No. 22 (SA) s 18 (2)\njurisdictional energy legislation means legislation of a participating jurisdiction (other than national energy legislation), or any instrument made or issued under or for the purposes of that legislation, that regulates energy in that jurisdiction;\njurisdictional gas legislation has the same meaning as in the NGL;\ns 2 def jurisdictional gas legislation ins 2023 No. 36 (SA) s 71 (3)\njurisdictional regulator means a body or person that is prescribed by the National Regulations as a jurisdictional regulator;\nlarge customer —see section 5 ;\nlarge customer standard retail contract , of an assigned retailer, means the retailer’s large customer standard retail contract under Subdivision 2 of Division 12A of Part 2 ;\nThis definition is an additional Queensland provision.\ns 2 def large customer standard retail contract ins 2014 No. 49 (Qld) s 4 sch s 3\nlife support equipment means life support equipment of a kind or kinds defined in the Rules;\nlocal area retailer means a retailer nominated under section 11 ;\nlocal instrument means a regulation, rule, order, declaration or other instrument made under an application Act, but does not include the National Regulations;\nSee also subsection (6) .\nlower consumption threshold —see sections 5 and 6 ;\nProvisions for determining and reviewing the consumption thresholds are contained in the National Regulations. Provisions for applying the thresholds are contained in the Rules.\nmarket offer means an offer by a retailer to a small customer to provide customer retail services under a market retail contract;\nmarket offer prices means the tariffs and charges that a retailer charges a small customer for or in connection with the sale of energy to a small customer under a market retail contract;\nmarket retail contract means a customer retail contract referred to in section 33 ;\nMCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows:\n1 Minister from the Commonwealth;\n1 Minister from each State (totalling 6 Ministers);\n1 Minister from each Territory (totalling 2 Ministers),\nacting in accordance with its own procedures;\ns 2 def MCE sub 2021 No. 3 (SA) s 25 (2)\nMCE directed review means a review conducted by the AEMC under Division 4 of Part 9 ;\nMCE statement of policy principles means a statement of policy principles issued by the MCE under section 14 ;\nmeter identifier means—\nfor electricity—\ngenerally—the NMI; or\nfor premises supplied electricity on a distribution system of Ergon Energy Distribution—a unique identification number allocated by Ergon Energy Distribution to a meter at the premises; or\nfor gas—the MIRN or the delivery point identifier;\nThis definition is a substituted Queensland provision.\ns 2 def meter identifier sub 2014 No. 49 (Qld) s 4 sch s 4\nMinister of a participating jurisdiction—see section 10 ;\nMIRN means the meter installation registration number as defined under the relevant gas Retail Market Procedures;\nmonitoring, investigating or enforcing , in relation to a provision of this Law, means the following—\nmonitoring compliance by persons with the provision;\ninvestigating breaches or possible breaches of the provision, including offences;\ninstituting and conducting proceedings in relation to breaches of the provision;\ninstituting and conducting appeals from decisions in proceedings mentioned in paragraph (c) ;\nThis definition is an additional Queensland provision.\ns 2 def monitoring, investigating or enforcing ins 2014 No. 49 (Qld) s 4 sch s 5\nmove-in customer means a small customer who starts consuming energy at premises without first applying to a retailer for the provision of customer retail services;\nnational energy legislation means—\nthe national energy retail legislation; and\nthe national electricity legislation as defined in the NEL; and\nthe national gas legislation as defined in the NGL;\nnational energy retail legislation means—\nthis Law as applying, by the application Act of a participating jurisdiction, as a law of that jurisdiction; and\nthe National Regulations; and\nthe application Act of a participating jurisdiction; and\nthe local instruments of a participating jurisdiction;\nnational energy retail objective means the objective set out in section 13 ;\nNational Energy Retail Regulations or National Regulations means the Regulations made under Part 11 ;\nNational Energy Retail Rules or Rules means—\nthe initial National Energy Retail Rules ; and\nRules made under Part 10 Division 3 Subdivision 2 ; and\nRules made by the AEMC under this Law, including Rules that amend or revoke—\nthe initial National Energy Retail Rules or Rules made under Part 10 Division 3 Subdivision 2 ; or\nRules made by it;\ns 2 def National Energy Retail Rules or Rules amd 2018 No. 12 (SA) s 12 (3) – (4)\nnatural gas has the same meaning as in the NGL;\ns 2 def natural gas ins 2023 No. 36 (SA) s 71 (4)\nnatural gas equivalent —see section 2A ;\ns 2 def natural gas equivalent ins 2023 No. 36 (SA) s 71 (4)\nnegotiated connection contract means a customer connection contract that is entered into in accordance with section 78 ;\nNEL means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia;\nNER means the National Electricity Rules as in force from time to time under the NEL;\nnetwork charges means charges that a distributor is entitled to charge for customer connection services—\nfor gas, under the distributor’s access arrangement and Parts 12 and 12A of the NGR; and\nfor electricity, under Chapters 5A and 6 of the NER;\nnew connection means a connection established or to be established, in accordance with energy laws, where there is no existing connection;\nNGL means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia;\nNGR means the National Gas Rules as in force from time to time under Chapter 9 of the NGL;\nNMI means a national metering identifier as defined in the NER;\nnominated distributor —see section 12 ;\noffence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court;\nparticipating jurisdiction means a jurisdiction that is a participating jurisdiction by reason of section 9 ;\npayment plan means a plan for—\na hardship customer; or\na residential customer who is not a hardship customer but who is experiencing payment difficulties,\nto pay a retailer, by periodic instalments in accordance with the Rules, any amounts payable by the customer for the sale and supply of energy;\nprepayment meter market retail contract means a market retail contract in respect of particular premises to which energy is supplied using a prepayment meter system;\nprepayment meter system —\nmeans a device, componentry, software or other mechanism that operates to permit the flow of energy through a meter after prepayment and when activated by a card, code or some other method; but\ndoes not include a device, componentry, software or other mechanism that is or includes a card-operated meter;\nThis definition is a substituted Queensland provision.\ns 2 def prepayment meter system sub 2014 No. 49 (Qld) s 4 sch s 6\nprescribed covered gas means a covered gas, other than natural gas, prescribed for this definition by the National Regulations that has not, for a participating jurisdiction, been excluded by a local instrument of the jurisdiction;\ns 2 def prescribed covered gas ins 2023 No. 36 (SA) s 71 (5)\nprice comparator —see section 62 ;\nPublic Register of Authorised Retailers and Exempt Sellers —see section 119 ;\nreconnection —see the definition of re‐energisation ;\nre‐energisation or reconnection of premises means the energisation of the premises after their de‐energisation;\nregulated entity means—\na retailer; or\na distributor; or\nany other person identified in the Rules as a regulated entity;\nresidential customer means a customer who purchases energy principally for personal, household or domestic use at premises;\nretail consultation procedure means the consultation procedure prescribed by the Rules;\nretail marketer means a retailer or an associate of a retailer;\nRetail Market Procedures means—\nin the case of electricity—the Retail Market Procedures within the meaning of the NER; and\nin the case of gas—the Retail Market Procedures within the meaning of the NGL and made under the NGR;\nretailer means a person who is the holder of a retailer authorisation;\nretailer authorisation means a retailer authorisation issued under Part 5 ;\nrevocation process —see section 120 ;\nshared customer , in relation to a distributor and a retailer, means a person who is a customer of the retailer and whose premises are connected to the distributor’s distribution system;\nshort term trading market for gas has the same meaning as in the NGL;\nsmall customer —see section 5 ;\nsmall market offer customer —see section 5 ;\nSouth Australian Minister means the Minister of the Crown in right of South Australia administering Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia;\ns 2 def South Australian Minister ins 2023 No. 36 (SA) s 71 (6)\nstandard complaints and dispute resolution procedures —see section 81 ;\nstandard retail contract means a customer retail contract that takes effect under section 26 as a contract between a small customer and a designated retailer;\nstandard retail contract (card-operated meters) means a standard retail contract consistent with the model terms and conditions applying to standard retail contracts for selling electricity to a small customer using a card-operated meter;\nThis definition is an additional Queensland provision.\ns 2 def standard retail contract (card-operated meters) ins 2014 No. 49 (Qld) s 4 sch s 7\nstanding offer —see section 22 ;\nstanding offer prices means all of the tariffs and charges that a retailer charges a small customer for or in connection with the sale and supply of energy to a small customer under a standard retail contract;\nTerritory means the Australian Capital Territory or the Northern Territory.\ns 2 def Territory ins 2021 No. 3 (SA) s 25 (3)\nthis jurisdiction —see the definition of that term in the application Act of each participating jurisdiction;\ntrial project means a project—\nthat—\nthe AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or\nthe AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and\ntests an approach in relation to customer connection services or customer retail services;\ns 2 def trial project ins 2022 No. 22 (SA) s 18 (3)\ntrial Rule —see section 235 ;\ns 2 def trial Rule ins 2022 No. 22 (SA) s 18 (3)\ntrial waiver —see section 121C ;\ns 2 def trial waiver ins 2022 No. 22 (SA) s 18 (3)\nTribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal;\nupper consumption threshold —see sections 5 and 6 ;\nProvisions for determining and reviewing the consumption thresholds are contained in the National Regulations. Provisions for applying the thresholds are contained in the Rules.\nA reference in this Law to the sale and supply of energy includes a reference to the sale or supply of energy.\nA reference in this Law to a customer (including a reference to a small customer or a large customer) includes a reference to a prospective customer.\nA reference in this Law to the premises of a customer in the context of a customer retail contract or customer connection contract is a reference to the premises of the customer to which the contract relates, but does not include a reference to other premises of the customer.\nTo avoid doubt, a customer can be a residential customer in respect of particular premises and a business customer in respect of other premises.\nThe Minister responsible for administering the application Act (other than the application Act of South Australia) under which a local instrument is made is to make arrangements for notice of the making and publication of the instrument to be published for information in the South Australian Government Gazette.\nA local instrument may provide that a prescribed covered gas is not a prescribed covered gas in the relevant participating jurisdiction.\ns 2 amd 2023 No. 36 (SA) s 71 (7)\n(sec.2-ssec.1) In this Law— AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia; AEMO means Australian Energy Market Operator Limited (ACN 072 010 327); AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth; AER Exempt Selling Guidelines —see section 118 ; AER exempt selling regulatory function or power means a function or power performed or exercised by the AER under Division 6 or 7 of Part 5 and the Rules relating to exemptions from the requirement to hold a retailer authorisation, including (but not limited to) the following: a decision whether to grant, vary or revoke an individual exemption; a decision whether to impose, vary or revoke conditions on an individual exemption; a decision whether to make, vary or revoke a determination specifying deemed exemptions or registrable exemptions, including any associated conditions; a decision to make or vary the AER Exempt Selling Guidelines; AER regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules that relates to— the AER performance regime under Division 2 of Part 12 ; a retailer authorisation under Part 5 ; an AER exempt selling regulatory function or power; the AER Retail Pricing Information Guidelines and price comparator; approval of deemed AER approved standard connection contracts under Division 5 of Part 3 ; the RoLR scheme under Part 6 ; the AER trial waiver functions under Part 5A ; s 2 def AER regulatory function or power amd 2022 No. 22 (SA) s 18 (1) AER Retail Pricing Information Guidelines —see section 61 ; AER Retailer Authorisation Guidelines —see section 117 ; annual turnover has the same meaning as in section 2 (1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth; s 2 def annual turnover ins 2020 No. 37 (SA) s 34 (1) application Act means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law; s 2 def application Act amd 2021 No. 3 (SA) s 25 (1) assigned retailer means a government owned corporation declared, under section 64C , to be an assigned retailer for Subdivision 2 of Division 12A of Part 2 ; This definition is an additional Queensland provision. s 2 def assigned retailer ins 2014 No. 49 (Qld) s 4 sch s 1 associate of a retailer or distributor includes— an employee or agent of the retailer or distributor; and a person contracted by the retailer or distributor; and a person who receives or is contracted to receive commissions from the retailer or distributor; business customer means a customer who is not a residential customer; business day means a day that is not: a Saturday or Sunday; or observed as a public holiday on the same day in each of the participating jurisdictions (except the Commonwealth); business premises means premises of a business customer, other than premises used solely or principally for personal, household or domestic use; card-operated meter means a device, including any associated equipment, for measuring electricity that switches on and off in accordance with the amount of credit applied to the device by a card designed for use with the device; This definition is an additional Queensland provision. s 2 def card-operated meter ins 2014 No. 49 (Qld) s 4 sch s 1 card-operated meter premises means premises of a small customer at which electricity is sold to the small customer using a card-operated meter; This definition is an additional Queensland provision. s 2 def card-operated meter premises ins 2014 No. 49 (Qld) s 4 sch s 1 carry-over customer means a small customer who continues consuming energy at premises after the customer’s previously current customer retail contract expires or terminates— without provision in that contract for the terms and conditions to apply after expiry or termination for the continued provision of those services; and without applying to a retailer for the provision (after that expiry or termination) of those services; Centrepay means the voluntary direct deduction facility operated by Centrelink; civil monetary liability means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings, but does not include— a liability for a civil penalty; or an infringement penalty under provisions applied by this Law; or a liability for the costs of a proceeding; civil penalty —see section 4A ; s 2 def civil penalty sub 2020 No. 37 (SA) s 34 (2) civil penalty provision has the meaning given by section 4 (1) ; Commonwealth Minister means the Minister of the Commonwealth administering the Australian Energy Market Act 2004 of the Commonwealth; compliance, investigation or enforcement provision means the following— Part 8 ; Divisions 1 to 3 of Part 13 ; any other provision of this Law conferring on the AER a function or power relating to monitoring, investigating or enforcing provisions of this Law; any other provision of this Law relating to the performance of a function or exercise of a power under a provision mentioned in paragraph (a) , (b) or (c) ; This definition is an additional Queensland provision. s 2 def compliance, investigation or enforcement provision ins 2014 No. 49 (Qld) s 4 sch s 1 conduct provision has the meaning given by section 4 (2) ; connection means a physical link between a distribution system and a customer’s premises to allow the flow of energy; connection alteration means an alteration to an existing connection, including an addition, upgrade, extension, expansion, augmentation or any other kind of alteration; Court means— where this Law applies as a law of the Commonwealth, the Federal Court; where this Law applies as a law of a participating jurisdiction that is a State or a Territory, the Supreme Court of that jurisdiction; covered gas has the same meaning as in the NGL; s 2 def covered gas ins 2023 No. 36 (SA) s 71 (1) customer —see section 5 ; customer connection contract means a contract between a distributor and a customer of the kind referred to in section 67 ; customer connection service for premises means any or all of the following: a service relating to a new connection for the premises; a service relating to a connection alteration for the premises; a supply service for the premises, including (but not limited to) the energisation, de‐energisation or re‐energisation of the premises; a service prescribed by the Rules as a customer connection service for the purposes of this definition; customer hardship policy means a customer hardship policy approved under Division 6 of Part 2 ; customer retail contract means a contract between a small customer and a retailer of a kind referred to in section 20 for the provision of customer retail services for particular premises; customer retail service means the sale of energy by a retailer to a customer at premises; declared wholesale gas market has the same meaning as in the NGL; de-energisation or disconnection of premises means— in the case of electricity—the opening of a connection; or in the case of gas—the closing of a connection, in order to prevent the flow of energy to the premises; deemed AER approved standard connection contract means a customer connection contract that is taken to be entered into under section 76 ; deemed customer retail arrangement —see section 54 ; deemed standard connection contract means a customer connection contract that is taken to be entered into under section 70 ; delivery point identifier means the meter installation identification as defined under the relevant Retail Market Procedures within the meaning of the NGL and made under the NGR; designated retailer for a small customer’s premises means— in a case where there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or in a case where there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises; disconnection —see the definition of de‐energisation ; distribution system means— for a distributor who is a regulated distribution system operator within the meaning of the NEL—a distribution system within the meaning of the NEL; or for a distributor who is a service provider within the meaning of the NGL who owns, operates or controls a distribution pipeline that is a scheme pipeline under that law—a distribution pipeline within the meaning of the NGL; or for a nominated distributor under section 12 —the nominated distribution system that is specified under that section; s 2 def distribution system amd 2022 No. 21 (SA) s 6 (1) distributor means— a regulated distribution system operator within the meaning of the NEL; or a service provider within the meaning of the NGL who owns, operates or controls a distribution pipeline that is a scheme pipeline under that Law; or a nominated distributor, to the extent provided by section 12 ; s 2 def distributor amd 2022 No. 21 (SA) s 6 (2) distributor service standards means service standards imposed on distributors by or under energy laws, including, for example, service standards relating to the following: the frequency and duration of supply interruptions; the timely notice of planned interruptions; the quality of supply (excluding frequency) for electricity (including voltage variations); wrongful de‐energisation; timeframes for de‐energisation and re‐energisation; being on time for appointments; response times for fault calls; the provision of fault information; energisation of premises means— in the case of electricity—the closing of a connection; or in the case of gas—the opening of a connection, in order to allow the flow of energy to the premises; energy means electricity or gas or both; energy laws includes— national energy legislation; and jurisdictional energy legislation; and the Rules, the NER and the NGR; and instruments made under this Law, the Rules, the NER and the NGR (including the Retail Market Procedures); energy marketing activity means an activity that is carried on to market, advertise or promote— customer connection services; or customer retail services; or a supplier or prospective supplier of customer connection services or customer retail services, to a small customer; energy ombudsman means a body or person prescribed by the National Regulations as an energy ombudsman; Energy Security Board means the Energy Security Board referred to in section 2 (1) of the NEL; s 2 def Energy Security Board ins 2018 No. 12 (SA) s 12 (2) entry criteria (in relation to retailer authorisations)—see section 90 ; Ergon Energy Distribution means Ergon Energy Corporation Limited ACN 087 646 062; This definition is an additional Queensland provision. s 2 def Ergon Energy Distribution ins 2014 No. 49 (Qld) s 4 sch s 1 exempt seller means a person who is exempted by the AER under Division 6 of Part 5 from the requirement to hold a retailer authorisation; explicit informed consent —see section 39 ; financially responsible retailer for premises means— for electricity— for premises connected to a nominated distributor’s distribution system—the retailer who is currently selling, or most recently sold, electricity to a customer at the premises; or for other premises—the retailer who is the financially responsible Market Participant responsible for the premises under the NER; or for gas— for premises connected to a nominated distributor’s distribution system—the retailer who is currently selling, or most recently sold, gas to a customer at the premises; or for other premises—the retailer who is responsible for settling the account for gas withdrawn from the delivery point (however described) associated with the premises under the relevant Retail Market Procedures; This definition is a substituted Queensland provision. s 2 def financially responsible retailer sub 2014 No. 49 (Qld) s 4 sch s 2 gas means the following: natural gas; a natural gas equivalent; a prescribed covered gas; s 2 def gas sub 2023 No. 36 (SA) s 71 (2) government owned corporation — means a government owned corporation within the meaning given by the Government Owned Corporations Act 1993 of Queensland; and includes a subsidiary within the meaning given by that Act; This definition is an additional Queensland provision. s 2 def government owned corporation ins 2014 No. 49 (Qld) s 4 sch s 1 GSL scheme means a scheme set out in energy laws under which there are distributor service standards to which an associated payment (a Guaranteed Service Level payment or GSL payment) is payable by a distributor to the customer where the distributor fails to meet the service standard; hardship customer means a residential customer of a retailer who is identified as a customer experiencing financial payment difficulties due to hardship in accordance with the retailer’s customer hardship policy; hardship program indicators means the hardship program indicators under section 287 ; initial National Energy Retail Rules means the Initial National Energy Retail Rules made under Part 10 Division 3 ; s 2 def initial National Energy Retail Rules amd 2018 No. 12 (SA) s 12 (1) innovative trial principles —see section 13A ; s 2 def innovative trial principles ins 2022 No. 22 (SA) s 18 (2) jurisdictional energy legislation means legislation of a participating jurisdiction (other than national energy legislation), or any instrument made or issued under or for the purposes of that legislation, that regulates energy in that jurisdiction; jurisdictional gas legislation has the same meaning as in the NGL; s 2 def jurisdictional gas legislation ins 2023 No. 36 (SA) s 71 (3) jurisdictional regulator means a body or person that is prescribed by the National Regulations as a jurisdictional regulator; large customer —see section 5 ; large customer standard retail contract , of an assigned retailer, means the retailer’s large customer standard retail contract under Subdivision 2 of Division 12A of Part 2 ; This definition is an additional Queensland provision. s 2 def large customer standard retail contract ins 2014 No. 49 (Qld) s 4 sch s 3 life support equipment means life support equipment of a kind or kinds defined in the Rules; local area retailer means a retailer nominated under section 11 ; local instrument means a regulation, rule, order, declaration or other instrument made under an application Act, but does not include the National Regulations; See also subsection (6) . lower consumption threshold —see sections 5 and 6 ; Provisions for determining and reviewing the consumption thresholds are contained in the National Regulations. Provisions for applying the thresholds are contained in the Rules. market offer means an offer by a retailer to a small customer to provide customer retail services under a market retail contract; market offer prices means the tariffs and charges that a retailer charges a small customer for or in connection with the sale of energy to a small customer under a market retail contract; market retail contract means a customer retail contract referred to in section 33 ; MCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows: 1 Minister from the Commonwealth; 1 Minister from each State (totalling 6 Ministers); 1 Minister from each Territory (totalling 2 Ministers), acting in accordance with its own procedures; s 2 def MCE sub 2021 No. 3 (SA) s 25 (2) MCE directed review means a review conducted by the AEMC under Division 4 of Part 9 ; MCE statement of policy principles means a statement of policy principles issued by the MCE under section 14 ; meter identifier means— for electricity— generally—the NMI; or for premises supplied electricity on a distribution system of Ergon Energy Distribution—a unique identification number allocated by Ergon Energy Distribution to a meter at the premises; or for gas—the MIRN or the delivery point identifier; This definition is a substituted Queensland provision. s 2 def meter identifier sub 2014 No. 49 (Qld) s 4 sch s 4 Minister of a participating jurisdiction—see section 10 ; MIRN means the meter installation registration number as defined under the relevant gas Retail Market Procedures; monitoring, investigating or enforcing , in relation to a provision of this Law, means the following— monitoring compliance by persons with the provision; investigating breaches or possible breaches of the provision, including offences; instituting and conducting proceedings in relation to breaches of the provision; instituting and conducting appeals from decisions in proceedings mentioned in paragraph (c) ; This definition is an additional Queensland provision. s 2 def monitoring, investigating or enforcing ins 2014 No. 49 (Qld) s 4 sch s 5 move-in customer means a small customer who starts consuming energy at premises without first applying to a retailer for the provision of customer retail services; national energy legislation means— the national energy retail legislation; and the national electricity legislation as defined in the NEL; and the national gas legislation as defined in the NGL; national energy retail legislation means— this Law as applying, by the application Act of a participating jurisdiction, as a law of that jurisdiction; and the National Regulations; and the application Act of a participating jurisdiction; and the local instruments of a participating jurisdiction; national energy retail objective means the objective set out in section 13 ; National Energy Retail Regulations or National Regulations means the Regulations made under Part 11 ; National Energy Retail Rules or Rules means— the initial National Energy Retail Rules ; and Rules made under Part 10 Division 3 Subdivision 2 ; and Rules made by the AEMC under this Law, including Rules that amend or revoke— the initial National Energy Retail Rules or Rules made under Part 10 Division 3 Subdivision 2 ; or Rules made by it; s 2 def National Energy Retail Rules or Rules amd 2018 No. 12 (SA) s 12 (3) – (4) natural gas has the same meaning as in the NGL; s 2 def natural gas ins 2023 No. 36 (SA) s 71 (4) natural gas equivalent —see section 2A ; s 2 def natural gas equivalent ins 2023 No. 36 (SA) s 71 (4) negotiated connection contract means a customer connection contract that is entered into in accordance with section 78 ; NEL means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia; NER means the National Electricity Rules as in force from time to time under the NEL; network charges means charges that a distributor is entitled to charge for customer connection services— for gas, under the distributor’s access arrangement and Parts 12 and 12A of the NGR; and for electricity, under Chapters 5A and 6 of the NER; new connection means a connection established or to be established, in accordance with energy laws, where there is no existing connection; NGL means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; NGR means the National Gas Rules as in force from time to time under Chapter 9 of the NGL; NMI means a national metering identifier as defined in the NER; nominated distributor —see section 12 ; offence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court; participating jurisdiction means a jurisdiction that is a participating jurisdiction by reason of section 9 ; payment plan means a plan for— a hardship customer; or a residential customer who is not a hardship customer but who is experiencing payment difficulties, to pay a retailer, by periodic instalments in accordance with the Rules, any amounts payable by the customer for the sale and supply of energy; prepayment meter market retail contract means a market retail contract in respect of particular premises to which energy is supplied using a prepayment meter system; prepayment meter system — means a device, componentry, software or other mechanism that operates to permit the flow of energy through a meter after prepayment and when activated by a card, code or some other method; but does not include a device, componentry, software or other mechanism that is or includes a card-operated meter; This definition is a substituted Queensland provision. s 2 def prepayment meter system sub 2014 No. 49 (Qld) s 4 sch s 6 prescribed covered gas means a covered gas, other than natural gas, prescribed for this definition by the National Regulations that has not, for a participating jurisdiction, been excluded by a local instrument of the jurisdiction; s 2 def prescribed covered gas ins 2023 No. 36 (SA) s 71 (5) price comparator —see section 62 ; Public Register of Authorised Retailers and Exempt Sellers —see section 119 ; reconnection —see the definition of re‐energisation ; re‐energisation or reconnection of premises means the energisation of the premises after their de‐energisation; regulated entity means— a retailer; or a distributor; or any other person identified in the Rules as a regulated entity; residential customer means a customer who purchases energy principally for personal, household or domestic use at premises; retail consultation procedure means the consultation procedure prescribed by the Rules; retail marketer means a retailer or an associate of a retailer; Retail Market Procedures means— in the case of electricity—the Retail Market Procedures within the meaning of the NER; and in the case of gas—the Retail Market Procedures within the meaning of the NGL and made under the NGR; retailer means a person who is the holder of a retailer authorisation; retailer authorisation means a retailer authorisation issued under Part 5 ; revocation process —see section 120 ; shared customer , in relation to a distributor and a retailer, means a person who is a customer of the retailer and whose premises are connected to the distributor’s distribution system; short term trading market for gas has the same meaning as in the NGL; small customer —see section 5 ; small market offer customer —see section 5 ; South Australian Minister means the Minister of the Crown in right of South Australia administering Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia; s 2 def South Australian Minister ins 2023 No. 36 (SA) s 71 (6) standard complaints and dispute resolution procedures —see section 81 ; standard retail contract means a customer retail contract that takes effect under section 26 as a contract between a small customer and a designated retailer; standard retail contract (card-operated meters) means a standard retail contract consistent with the model terms and conditions applying to standard retail contracts for selling electricity to a small customer using a card-operated meter; This definition is an additional Queensland provision. s 2 def standard retail contract (card-operated meters) ins 2014 No. 49 (Qld) s 4 sch s 7 standing offer —see section 22 ; standing offer prices means all of the tariffs and charges that a retailer charges a small customer for or in connection with the sale and supply of energy to a small customer under a standard retail contract; Territory means the Australian Capital Territory or the Northern Territory. s 2 def Territory ins 2021 No. 3 (SA) s 25 (3) this jurisdiction —see the definition of that term in the application Act of each participating jurisdiction; trial project means a project— that— the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and tests an approach in relation to customer connection services or customer retail services; s 2 def trial project ins 2022 No. 22 (SA) s 18 (3) trial Rule —see section 235 ; s 2 def trial Rule ins 2022 No. 22 (SA) s 18 (3) trial waiver —see section 121C ; s 2 def trial waiver ins 2022 No. 22 (SA) s 18 (3) Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal; upper consumption threshold —see sections 5 and 6 ; Provisions for determining and reviewing the consumption thresholds are contained in the National Regulations. Provisions for applying the thresholds are contained in the Rules.\n(sec.2-ssec.2) A reference in this Law to the sale and supply of energy includes a reference to the sale or supply of energy.\n(sec.2-ssec.3) A reference in this Law to a customer (including a reference to a small customer or a large customer) includes a reference to a prospective customer.\n(sec.2-ssec.4) A reference in this Law to the premises of a customer in the context of a customer retail contract or customer connection contract is a reference to the premises of the customer to which the contract relates, but does not include a reference to other premises of the customer.\n(sec.2-ssec.5) To avoid doubt, a customer can be a residential customer in respect of particular premises and a business customer in respect of other premises.\n(sec.2-ssec.6) The Minister responsible for administering the application Act (other than the application Act of South Australia) under which a local instrument is made is to make arrangements for notice of the making and publication of the instrument to be published for information in the South Australian Government Gazette.\n(sec.2-ssec.7) A local instrument may provide that a prescribed covered gas is not a prescribed covered gas in the relevant participating jurisdiction.\n- (a) a decision whether to grant, vary or revoke an individual exemption;\n- (b) a decision whether to impose, vary or revoke conditions on an individual exemption;\n- (c) a decision whether to make, vary or revoke a determination specifying deemed exemptions or registrable exemptions, including any associated conditions;\n- (d) a decision to make or vary the AER Exempt Selling Guidelines;\n- (a) the AER performance regime under Division 2 of Part 12 ;\n- (b) a retailer authorisation under Part 5 ;\n- (c) an AER exempt selling regulatory function or power;\n- (d) the AER Retail Pricing Information Guidelines and price comparator;\n- (e) approval of deemed AER approved standard connection contracts under Division 5 of Part 3 ;\n- (f) the RoLR scheme under Part 6 ;\n- (g) the AER trial waiver functions under Part 5A ;\n- (a) an employee or agent of the retailer or distributor; and\n- (b) a person contracted by the retailer or distributor; and\n- (c) a person who receives or is contracted to receive commissions from the retailer or distributor;\n- (a) a Saturday or Sunday; or\n- (b) observed as a public holiday on the same day in each of the participating jurisdictions (except the Commonwealth);\n- (a) without provision in that contract for the terms and conditions to apply after expiry or termination for the continued provision of those services; and\n- (b) without applying to a retailer for the provision (after that expiry or termination) of those services;\n- (a) a liability for a civil penalty; or\n- (b) an infringement penalty under provisions applied by this Law; or\n- (c) a liability for the costs of a proceeding;\n- (a) Part 8 ;\n- (b) Divisions 1 to 3 of Part 13 ;\n- (c) any other provision of this Law conferring on the AER a function or power relating to monitoring, investigating or enforcing provisions of this Law;\n- (d) any other provision of this Law relating to the performance of a function or exercise of a power under a provision mentioned in paragraph (a) , (b) or (c) ;\n- (a) where this Law applies as a law of the Commonwealth, the Federal Court;\n- (b) where this Law applies as a law of a participating jurisdiction that is a State or a Territory, the Supreme Court of that jurisdiction;\n- (a) a service relating to a new connection for the premises;\n- (b) a service relating to a connection alteration for the premises;\n- (c) a supply service for the premises, including (but not limited to) the energisation, de‐energisation or re‐energisation of the premises;\n- (d) a service prescribed by the Rules as a customer connection service for the purposes of this definition;\n- (a) in the case of electricity—the opening of a connection; or\n- (b) in the case of gas—the closing of a connection,\n- (a) in a case where there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or\n- (b) in a case where there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises;\n- (a) for a distributor who is a regulated distribution system operator within the meaning of the NEL—a distribution system within the meaning of the NEL; or\n- (b) for a distributor who is a service provider within the meaning of the NGL who owns, operates or controls a distribution pipeline that is a scheme pipeline under that law—a distribution pipeline within the meaning of the NGL; or\n- (c) for a nominated distributor under section 12 —the nominated distribution system that is specified under that section;\n- (a) a regulated distribution system operator within the meaning of the NEL; or\n- (b) a service provider within the meaning of the NGL who owns, operates or controls a distribution pipeline that is a scheme pipeline under that Law; or\n- (c) a nominated distributor, to the extent provided by section 12 ;\n- (a) the frequency and duration of supply interruptions;\n- (b) the timely notice of planned interruptions;\n- (c) the quality of supply (excluding frequency) for electricity (including voltage variations);\n- (d) wrongful de‐energisation;\n- (e) timeframes for de‐energisation and re‐energisation;\n- (f) being on time for appointments;\n- (g) response times for fault calls;\n- (h) the provision of fault information;\n- (a) in the case of electricity—the closing of a connection; or\n- (b) in the case of gas—the opening of a connection,\n- (a) national energy legislation; and\n- (b) jurisdictional energy legislation; and\n- (c) the Rules, the NER and the NGR; and\n- (d) instruments made under this Law, the Rules, the NER and the NGR (including the Retail Market Procedures);\n- (a) customer connection services; or\n- (b) customer retail services; or\n- (c) a supplier or prospective supplier of customer connection services or customer retail services,\n- (a) for electricity— (i) for premises connected to a nominated distributor’s distribution system—the retailer who is currently selling, or most recently sold, electricity to a customer at the premises; or (ii) for other premises—the retailer who is the financially responsible Market Participant responsible for the premises under the NER; or\n- (i) for premises connected to a nominated distributor’s distribution system—the retailer who is currently selling, or most recently sold, electricity to a customer at the premises; or\n- (ii) for other premises—the retailer who is the financially responsible Market Participant responsible for the premises under the NER; or\n- (b) for gas— (i) for premises connected to a nominated distributor’s distribution system—the retailer who is currently selling, or most recently sold, gas to a customer at the premises; or (ii) for other premises—the retailer who is responsible for settling the account for gas withdrawn from the delivery point (however described) associated with the premises under the relevant Retail Market Procedures;\n- (i) for premises connected to a nominated distributor’s distribution system—the retailer who is currently selling, or most recently sold, gas to a customer at the premises; or\n- (ii) for other premises—the retailer who is responsible for settling the account for gas withdrawn from the delivery point (however described) associated with the premises under the relevant Retail Market Procedures;\n- (i) for premises connected to a nominated distributor’s distribution system—the retailer who is currently selling, or most recently sold, electricity to a customer at the premises; or\n- (ii) for other premises—the retailer who is the financially responsible Market Participant responsible for the premises under the NER; or\n- (i) for premises connected to a nominated distributor’s distribution system—the retailer who is currently selling, or most recently sold, gas to a customer at the premises; or\n- (ii) for other premises—the retailer who is responsible for settling the account for gas withdrawn from the delivery point (however described) associated with the premises under the relevant Retail Market Procedures;\n- (a) natural gas;\n- (b) a natural gas equivalent;\n- (c) a prescribed covered gas;\n- (a) means a government owned corporation within the meaning given by the Government Owned Corporations Act 1993 of Queensland; and\n- (b) includes a subsidiary within the meaning given by that Act;\n- (a) 1 Minister from the Commonwealth;\n- (b) 1 Minister from each State (totalling 6 Ministers);\n- (c) 1 Minister from each Territory (totalling 2 Ministers),\n- (a) for electricity— (i) generally—the NMI; or (ii) for premises supplied electricity on a distribution system of Ergon Energy Distribution—a unique identification number allocated by Ergon Energy Distribution to a meter at the premises; or\n- (i) generally—the NMI; or\n- (ii) for premises supplied electricity on a distribution system of Ergon Energy Distribution—a unique identification number allocated by Ergon Energy Distribution to a meter at the premises; or\n- (b) for gas—the MIRN or the delivery point identifier;\n- (i) generally—the NMI; or\n- (ii) for premises supplied electricity on a distribution system of Ergon Energy Distribution—a unique identification number allocated by Ergon Energy Distribution to a meter at the premises; or\n- (a) monitoring compliance by persons with the provision;\n- (b) investigating breaches or possible breaches of the provision, including offences;\n- (c) instituting and conducting proceedings in relation to breaches of the provision;\n- (d) instituting and conducting appeals from decisions in proceedings mentioned in paragraph (c) ;\n- (a) the national energy retail legislation; and\n- (b) the national electricity legislation as defined in the NEL; and\n- (c) the national gas legislation as defined in the NGL;\n- (a) this Law as applying, by the application Act of a participating jurisdiction, as a law of that jurisdiction; and\n- (b) the National Regulations; and\n- (c) the application Act of a participating jurisdiction; and\n- (d) the local instruments of a participating jurisdiction;\n- (a) the initial National Energy Retail Rules ; and\n- (ab) Rules made under Part 10 Division 3 Subdivision 2 ; and\n- (b) Rules made by the AEMC under this Law, including Rules that amend or revoke— (i) the initial National Energy Retail Rules or Rules made under Part 10 Division 3 Subdivision 2 ; or (ii) Rules made by it;\n- (i) the initial National Energy Retail Rules or Rules made under Part 10 Division 3 Subdivision 2 ; or\n- (ii) Rules made by it;\n- (i) the initial National Energy Retail Rules or Rules made under Part 10 Division 3 Subdivision 2 ; or\n- (ii) Rules made by it;\n- (a) for gas, under the distributor’s access arrangement and Parts 12 and 12A of the NGR; and\n- (b) for electricity, under Chapters 5A and 6 of the NER;\n- (a) a hardship customer; or\n- (b) a residential customer who is not a hardship customer but who is experiencing payment difficulties,\n- (a) means a device, componentry, software or other mechanism that operates to permit the flow of energy through a meter after prepayment and when activated by a card, code or some other method; but\n- (b) does not include a device, componentry, software or other mechanism that is or includes a card-operated meter;\n- (a) a retailer; or\n- (b) a distributor; or\n- (c) any other person identified in the Rules as a regulated entity;\n- (a) in the case of electricity—the Retail Market Procedures within the meaning of the NER; and\n- (b) in the case of gas—the Retail Market Procedures within the meaning of the NGL and made under the NGR;\n- (a) that— (i) the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or (ii) the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and\n- (i) the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or\n- (ii) the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and\n- (b) tests an approach in relation to customer connection services or customer retail services;\n- (i) the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or\n- (ii) the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and","sortOrder":3},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Natural gas equivalent","content":"### sec.2A Natural gas equivalent\n\nA covered gas is a natural gas equivalent if the gas is suitable for use as natural gas and—\nthe gas has been prescribed by a local instrument for use in a jurisdiction or a specified area in the jurisdiction as a natural gas equivalent; or\nthe gas is supplied through an existing distribution system or an extension of an existing distribution system.\nThe following are not natural gas equivalents:\nnatural gas;\na prescribed covered gas.\nIn this section—\nexisting distribution system means a distribution system that—\non the NGL extension date was a natural gas distribution system; and\nafter the NGL extension date is authorised to haul a covered gas, other than natural gas or a prescribed covered gas;\nNGL extension date means the date on which the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 commenced.\ns 2A ins 2023 No. 36 (SA) s 72\n(sec.2A-ssec.1) A covered gas is a natural gas equivalent if the gas is suitable for use as natural gas and— the gas has been prescribed by a local instrument for use in a jurisdiction or a specified area in the jurisdiction as a natural gas equivalent; or the gas is supplied through an existing distribution system or an extension of an existing distribution system.\n(sec.2A-ssec.2) The following are not natural gas equivalents: natural gas; a prescribed covered gas.\n(sec.2A-ssec.3) In this section— existing distribution system means a distribution system that— on the NGL extension date was a natural gas distribution system; and after the NGL extension date is authorised to haul a covered gas, other than natural gas or a prescribed covered gas; NGL extension date means the date on which the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 commenced.\n- (a) the gas has been prescribed by a local instrument for use in a jurisdiction or a specified area in the jurisdiction as a natural gas equivalent; or\n- (b) the gas is supplied through an existing distribution system or an extension of an existing distribution system.\n- (a) natural gas;\n- (b) a prescribed covered gas.\n- (a) on the NGL extension date was a natural gas distribution system; and\n- (b) after the NGL extension date is authorised to haul a covered gas, other than natural gas or a prescribed covered gas;","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Application of Law, National Regulations and Rules in this jurisdiction","content":"### sec.3 Application of Law, National Regulations and Rules in this jurisdiction\n\nThis Law, the National Regulations and the Rules apply in this jurisdiction except to the extent provided by or under the application Act of this jurisdiction or any other Act of this jurisdiction.\nThis Law, the National Regulations and the Rules are, in their application to a jurisdiction, to be read in conjunction with the application Act and jurisdictional energy legislation of the jurisdiction.","sortOrder":5},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Application to prescribed covered gas","content":"### sec.3A Application to prescribed covered gas\n\nThe National Regulations may modify the way that this Law, the National Regulations and the Rules apply to a prescribed covered gas.\ns 3A ins 2023 No. 36 (SA) s 73","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of civil penalty provision and conduct provision","content":"### sec.4 Meaning of civil penalty provision and conduct provision\n\nA civil penalty provision is—\na provision of this Law specified in the Table at the foot of this subsection; or\na provision of this Law (other than an offence provision) or the Rules that is prescribed by the National Regulations to be a civil penalty provision.\nProvision\nSection heading\nSection 19A (1)\nRestriction on selling electricity to particular small customers\nSection 19B (1)\nRestriction on selling gas to particular small customers\nSection 19C (1) , (4) and (6)\nAdditional restrictions on sale of energy by assigned retailer\nSection 20 (2)\nKinds of customer retail contracts\nSection 22 (1) and (3)\nObligation to make offer to small customers\nSection 23 (1)\nStanding offer prices\nSection 25 (1)\nAdoption of form of standard retail contract\nSection 27\nObligation to comply with standard retail contract\nSection 38\nRequirement for explicit informed consent for certain transactions\nSection 43 (2) and (3) (b)\nCustomer hardship policies\nSection 50 (1)\nPayment plans\nSection 53 (2)\nEnergy Marketing Rules\nSection 57\nContractual arrangements for use of prepayment meter systems\nSection 59 (1)\nPersons on life support equipment\nSection 60C (1)\nContractual arrangements for selling electricity using card-operated meter\nSection 60D (1) and (4)\nPremises registered as having life support equipment\nSection 63\nAER information gathering powers for pricing guidelines and comparator\nSection 64A (1)\nRestriction on selling gas to particular large customers\nSection 64D (2) and (4)\nAssigned retailer to make offer to large customers\nSection 64E (5)\nAssigned retailer’s large customer standard retail contract\nSection 64M (2) and (3)\nOrigin Energy to make offer to large customers\nSection 64N (5)\nOrigin Energy’s large customer standard retail contract\nSection 66\nObligation to provide customer connection services\nSection 69 (1)\nAdoption of form of deemed standard connection contract\nSection 71 (1)\nObligations to comply with deemed standard connection contract and to bill retailer\nSection 78B (1)\nContractual arrangements for card-operated meter premises\nSection 88\nRequirement for authorisation or exemption\nSection 103 (8)\nDeciding transfer application\nSection 105 (9)\nSurrender of retailer authorisation\nSection 106\nTransfer of customers following surrender\nSection 108\nTransfer of customers following revocation\nSection 112 (2)\nConditions\nSection 120 (11)\nRevocation process—retailer authorisations and exemptions\nSection 143 (2) (a)\nCompliance requirements following service of RoLR notice\nSection 156\nCompliance with RoLR regulatory information notices\nSection 274 (1)\nObligation of regulated entities to provide information and data about compliance\nSection 276 (1) , (2) and (4)\nCompliance audits by regulated entities\nSection 282 (1)\nObligation of regulated entities to provide information and data about performance\nThe entries in the Table for sections 19A (1) , 19B (1) , 19C (1) , (4) and (6) , 60C (1) , 60D (1) and (4) , 64A (1) , 64D (2) and (4) , 64E (5) , 64M (2) and (3) , 64N (5) and 78B (1) are additional Queensland provisions.\nA conduct provision is a provision of this Law (other than an offence provision) or the Rules that is prescribed by the National Regulations to be a conduct provision.\ns 4 amd 2014 No. 49 (Qld) s 4 sch ss 8 , 9\n(sec.4-ssec.1) A civil penalty provision is— a provision of this Law specified in the Table at the foot of this subsection; or a provision of this Law (other than an offence provision) or the Rules that is prescribed by the National Regulations to be a civil penalty provision. Provision Section heading Section 19A (1) Restriction on selling electricity to particular small customers Section 19B (1) Restriction on selling gas to particular small customers Section 19C (1) , (4) and (6) Additional restrictions on sale of energy by assigned retailer Section 20 (2) Kinds of customer retail contracts Section 22 (1) and (3) Obligation to make offer to small customers Section 23 (1) Standing offer prices Section 25 (1) Adoption of form of standard retail contract Section 27 Obligation to comply with standard retail contract Section 38 Requirement for explicit informed consent for certain transactions Section 43 (2) and (3) (b) Customer hardship policies Section 50 (1) Payment plans Section 53 (2) Energy Marketing Rules Section 57 Contractual arrangements for use of prepayment meter systems Section 59 (1) Persons on life support equipment Section 60C (1) Contractual arrangements for selling electricity using card-operated meter Section 60D (1) and (4) Premises registered as having life support equipment Section 63 AER information gathering powers for pricing guidelines and comparator Section 64A (1) Restriction on selling gas to particular large customers Section 64D (2) and (4) Assigned retailer to make offer to large customers Section 64E (5) Assigned retailer’s large customer standard retail contract Section 64M (2) and (3) Origin Energy to make offer to large customers Section 64N (5) Origin Energy’s large customer standard retail contract Section 66 Obligation to provide customer connection services Section 69 (1) Adoption of form of deemed standard connection contract Section 71 (1) Obligations to comply with deemed standard connection contract and to bill retailer Section 78B (1) Contractual arrangements for card-operated meter premises Section 88 Requirement for authorisation or exemption Section 103 (8) Deciding transfer application Section 105 (9) Surrender of retailer authorisation Section 106 Transfer of customers following surrender Section 108 Transfer of customers following revocation Section 112 (2) Conditions Section 120 (11) Revocation process—retailer authorisations and exemptions Section 143 (2) (a) Compliance requirements following service of RoLR notice Section 156 Compliance with RoLR regulatory information notices Section 274 (1) Obligation of regulated entities to provide information and data about compliance Section 276 (1) , (2) and (4) Compliance audits by regulated entities Section 282 (1) Obligation of regulated entities to provide information and data about performance The entries in the Table for sections 19A (1) , 19B (1) , 19C (1) , (4) and (6) , 60C (1) , 60D (1) and (4) , 64A (1) , 64D (2) and (4) , 64E (5) , 64M (2) and (3) , 64N (5) and 78B (1) are additional Queensland provisions.\n(sec.4-ssec.2) A conduct provision is a provision of this Law (other than an offence provision) or the Rules that is prescribed by the National Regulations to be a conduct provision.\n- (a) a provision of this Law specified in the Table at the foot of this subsection; or\n- (b) a provision of this Law (other than an offence provision) or the Rules that is prescribed by the National Regulations to be a civil penalty provision.","sortOrder":7},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Civil penalty amounts for breaches of civil penalty provisions","content":"### sec.4A Civil penalty amounts for breaches of civil penalty provisions\n\nSubject to this section, the civil penalty for a breach of a civil penalty provision is—\nin the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b) or (c) —\nif the breach is by a natural person—\nan amount not exceeding $33 900; plus\nan amount not exceeding $3 390 for every day during which the breach continues;\nif the breach is by a body corporate—\nan amount not exceeding $170 000; plus\nan amount not exceeding $17 000 for every day during which the breach continues; or\nin the case of a breach of a civil penalty provision prescribed by the National Regulations for the purposes of this paragraph—\nif the breach is by a natural person—\nan amount not exceeding $287 000; plus\nan amount not exceeding $14 400 for every day during which the breach continues;\nif the breach is by a body corporate—\nan amount not exceeding $1 435 000; plus\nan amount not exceeding $71 800 for every day during which the breach continues; or\nin the case of a breach of a civil penalty provision prescribed by the National Regulations for the purposes of this paragraph—\nif the breach is by a natural person—an amount not exceeding $500 000;\nif the breach is by a body corporate—an amount not exceeding the greater of the following—\n$10 000 000;\nif the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit;\nif the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.\nSee section 300A , which provides for the amounts specified in this subsection to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\nSubsection (1) (c) (ii) (B) or (C) will only apply in a particular case if the AER, in applying for an order under section 291 (2) (a) , requests that those provisions be applied in that particular case.\ns 4A ins 2020 No. 37 (SA) s 35\n(sec.4A-ssec.1) Subject to this section, the civil penalty for a breach of a civil penalty provision is— in the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b) or (c) — if the breach is by a natural person— an amount not exceeding $33 900; plus an amount not exceeding $3 390 for every day during which the breach continues; if the breach is by a body corporate— an amount not exceeding $170 000; plus an amount not exceeding $17 000 for every day during which the breach continues; or in the case of a breach of a civil penalty provision prescribed by the National Regulations for the purposes of this paragraph— if the breach is by a natural person— an amount not exceeding $287 000; plus an amount not exceeding $14 400 for every day during which the breach continues; if the breach is by a body corporate— an amount not exceeding $1 435 000; plus an amount not exceeding $71 800 for every day during which the breach continues; or in the case of a breach of a civil penalty provision prescribed by the National Regulations for the purposes of this paragraph— if the breach is by a natural person—an amount not exceeding $500 000; if the breach is by a body corporate—an amount not exceeding the greater of the following— $10 000 000; if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision. See section 300A , which provides for the amounts specified in this subsection to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n(sec.4A-ssec.2) Subsection (1) (c) (ii) (B) or (C) will only apply in a particular case if the AER, in applying for an order under section 291 (2) (a) , requests that those provisions be applied in that particular case.\n- (a) in the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b) or (c) — (i) if the breach is by a natural person— (A) an amount not exceeding $33 900; plus (B) an amount not exceeding $3 390 for every day during which the breach continues; (ii) if the breach is by a body corporate— (A) an amount not exceeding $170 000; plus (B) an amount not exceeding $17 000 for every day during which the breach continues; or\n- (i) if the breach is by a natural person— (A) an amount not exceeding $33 900; plus (B) an amount not exceeding $3 390 for every day during which the breach continues;\n- (A) an amount not exceeding $33 900; plus\n- (B) an amount not exceeding $3 390 for every day during which the breach continues;\n- (ii) if the breach is by a body corporate— (A) an amount not exceeding $170 000; plus (B) an amount not exceeding $17 000 for every day during which the breach continues; or\n- (A) an amount not exceeding $170 000; plus\n- (B) an amount not exceeding $17 000 for every day during which the breach continues; or\n- (b) in the case of a breach of a civil penalty provision prescribed by the National Regulations for the purposes of this paragraph— (i) if the breach is by a natural person— (A) an amount not exceeding $287 000; plus (B) an amount not exceeding $14 400 for every day during which the breach continues; (ii) if the breach is by a body corporate— (A) an amount not exceeding $1 435 000; plus (B) an amount not exceeding $71 800 for every day during which the breach continues; or\n- (i) if the breach is by a natural person— (A) an amount not exceeding $287 000; plus (B) an amount not exceeding $14 400 for every day during which the breach continues;\n- (A) an amount not exceeding $287 000; plus\n- (B) an amount not exceeding $14 400 for every day during which the breach continues;\n- (ii) if the breach is by a body corporate— (A) an amount not exceeding $1 435 000; plus (B) an amount not exceeding $71 800 for every day during which the breach continues; or\n- (A) an amount not exceeding $1 435 000; plus\n- (B) an amount not exceeding $71 800 for every day during which the breach continues; or\n- (c) in the case of a breach of a civil penalty provision prescribed by the National Regulations for the purposes of this paragraph— (i) if the breach is by a natural person—an amount not exceeding $500 000; (ii) if the breach is by a body corporate—an amount not exceeding the greater of the following— (A) $10 000 000; (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.\n- (i) if the breach is by a natural person—an amount not exceeding $500 000;\n- (ii) if the breach is by a body corporate—an amount not exceeding the greater of the following— (A) $10 000 000; (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.\n- (A) $10 000 000;\n- (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit;\n- (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.\n- (i) if the breach is by a natural person— (A) an amount not exceeding $33 900; plus (B) an amount not exceeding $3 390 for every day during which the breach continues;\n- (A) an amount not exceeding $33 900; plus\n- (B) an amount not exceeding $3 390 for every day during which the breach continues;\n- (ii) if the breach is by a body corporate— (A) an amount not exceeding $170 000; plus (B) an amount not exceeding $17 000 for every day during which the breach continues; or\n- (A) an amount not exceeding $170 000; plus\n- (B) an amount not exceeding $17 000 for every day during which the breach continues; or\n- (A) an amount not exceeding $33 900; plus\n- (B) an amount not exceeding $3 390 for every day during which the breach continues;\n- (A) an amount not exceeding $170 000; plus\n- (B) an amount not exceeding $17 000 for every day during which the breach continues; or\n- (i) if the breach is by a natural person— (A) an amount not exceeding $287 000; plus (B) an amount not exceeding $14 400 for every day during which the breach continues;\n- (A) an amount not exceeding $287 000; plus\n- (B) an amount not exceeding $14 400 for every day during which the breach continues;\n- (ii) if the breach is by a body corporate— (A) an amount not exceeding $1 435 000; plus (B) an amount not exceeding $71 800 for every day during which the breach continues; or\n- (A) an amount not exceeding $1 435 000; plus\n- (B) an amount not exceeding $71 800 for every day during which the breach continues; or\n- (A) an amount not exceeding $287 000; plus\n- (B) an amount not exceeding $14 400 for every day during which the breach continues;\n- (A) an amount not exceeding $1 435 000; plus\n- (B) an amount not exceeding $71 800 for every day during which the breach continues; or\n- (i) if the breach is by a natural person—an amount not exceeding $500 000;\n- (ii) if the breach is by a body corporate—an amount not exceeding the greater of the following— (A) $10 000 000; (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.\n- (A) $10 000 000;\n- (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit;\n- (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.\n- (A) $10 000 000;\n- (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit;\n- (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of customer and associated terms","content":"### sec.5 Meaning of customer and associated terms\n\nA customer is a person—\nto whom energy is sold for premises by a retailer; or\nwho proposes to purchase energy for premises from a retailer.\nA small customer is a customer—\nwho is a residential customer; or\nwho is a business customer who consumes energy at business premises below the upper consumption threshold.\nA large customer is—\na business customer who consumes energy at business premises at or above the upper consumption threshold; or\nthe State or a local government that consumes energy at street lighting premises.\nThis subsection is a substituted Queensland provision.\nA small market offer customer is a small customer who is a business customer who consumes energy at or above the lower consumption threshold.\nIn this section—\nlocal government means—\nthe Brisbane City Council; or\na local government under the Local Government Act 2009 of Queensland;\nState has the meaning given by section 18 (2) ;\nstreet lighting premises means premises comprising street lighting or a system of street lighting.\nThis subsection is an additional Queensland provision.\ns 5 amd 2014 No. 49 (Qld) s 4 sch ss 10 , 11\n(sec.5-ssec.1) A customer is a person— to whom energy is sold for premises by a retailer; or who proposes to purchase energy for premises from a retailer.\n(sec.5-ssec.2) A small customer is a customer— who is a residential customer; or who is a business customer who consumes energy at business premises below the upper consumption threshold.\n(sec.5-ssec.3) A large customer is— a business customer who consumes energy at business premises at or above the upper consumption threshold; or the State or a local government that consumes energy at street lighting premises. This subsection is a substituted Queensland provision.\n(sec.5-ssec.4) A small market offer customer is a small customer who is a business customer who consumes energy at or above the lower consumption threshold.\n(sec.5-ssec.5) In this section— local government means— the Brisbane City Council; or a local government under the Local Government Act 2009 of Queensland; State has the meaning given by section 18 (2) ; street lighting premises means premises comprising street lighting or a system of street lighting. This subsection is an additional Queensland provision.\n- (a) to whom energy is sold for premises by a retailer; or\n- (b) who proposes to purchase energy for premises from a retailer.\n- (a) who is a residential customer; or\n- (b) who is a business customer who consumes energy at business premises below the upper consumption threshold.\n- (a) a business customer who consumes energy at business premises at or above the upper consumption threshold; or\n- (b) the State or a local government that consumes energy at street lighting premises. Editor’s note— This subsection is a substituted Queensland provision.\n- (a) the Brisbane City Council; or\n- (b) a local government under the Local Government Act 2009 of Queensland;","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Provisions relating to consumption thresholds for business customers","content":"### sec.6 Provisions relating to consumption thresholds for business customers\n\nThis section applies for the purposes of the consumption thresholds referred to in section 5 .\nThe National Regulations may—\ndetermine or make provision for determining the upper consumption thresholds and lower consumption thresholds for business customers; and\nprescribe a procedure for reviewing consumption thresholds so determined.\nThe upper consumption thresholds may apply (in relation to the provision of customer retail services to a business customer) on the basis of an aggregation of 2 or more business premises of a business customer in accordance with the Rules.\nWithout limitation—\nNational Regulations made for the purposes of subsection (2) ; and\nRules made for the purposes of subsection (3) ,\nmay differ in their application to different classes of business customers or different regulatory requirements, or both.\n(sec.6-ssec.1) This section applies for the purposes of the consumption thresholds referred to in section 5 .\n(sec.6-ssec.2) The National Regulations may— determine or make provision for determining the upper consumption thresholds and lower consumption thresholds for business customers; and prescribe a procedure for reviewing consumption thresholds so determined.\n(sec.6-ssec.3) The upper consumption thresholds may apply (in relation to the provision of customer retail services to a business customer) on the basis of an aggregation of 2 or more business premises of a business customer in accordance with the Rules.\n(sec.6-ssec.4) Without limitation— National Regulations made for the purposes of subsection (2) ; and Rules made for the purposes of subsection (3) , may differ in their application to different classes of business customers or different regulatory requirements, or both.\n- (a) determine or make provision for determining the upper consumption thresholds and lower consumption thresholds for business customers; and\n- (b) prescribe a procedure for reviewing consumption thresholds so determined.\n- (a) National Regulations made for the purposes of subsection (2) ; and\n- (b) Rules made for the purposes of subsection (3) ,","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Classification and reclassification of customers","content":"### sec.7 Classification and reclassification of customers\n\nThe Rules may make provision for or with respect to the classification and reclassification of customers, including, for example—\nwhether a person is a residential customer by reference to whether the person purchases energy principally for personal, household or domestic use at premises; or\nwhether a business customer is a small customer or a large customer; or\nwhether a business customer is a small market offer customer.\n- (a) whether a person is a residential customer by reference to whether the person purchases energy principally for personal, household or domestic use at premises; or\n- (b) whether a business customer is a small customer or a large customer; or\n- (c) whether a business customer is a small market offer customer.","sortOrder":11},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Related bodies corporate","content":"### sec.7A Related bodies corporate\n\nFor the purposes of this Law, 2 or more bodies corporate are related to each other if they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth.\ns 7A ins 2020 No. 37 (SA) s 36","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Interpretation generally","content":"### sec.8 Interpretation generally\n\nSchedule 2 to the NGL applies to this Law, the National Regulations and the Rules and any other statutory instrument made under this Law in the same way as it applies to the NGL and the regulations, rules and any other statutory instruments made under the NGL.\nFor that purpose—\n(without limiting subsection (1) ) a reference in that Schedule to the NGL or NGR (however expressed) is taken to be a reference to this Law or the Rules respectively; and\nclauses 2, 29, 40(3) and 52, and Part 7 of that Schedule are taken to be omitted; and\nthe definition of business day in clause 10 is taken to be omitted.\nSee section 320 of this Law which applies instead of clauses 2 and 52 of Schedule 2 to the NGL.\nEditor’s notes included in this Law do not form part of this Law.\nThe following apply for interpreting editor’s notes included in this Law—\nan additional Queensland provision is a provision of this Law that does not form part of the NERL and has been included for the application of the NERL in Queensland;\na substituted Queensland provision is a provision of this Law that is a substitute for a provision of the NERL (of the same number) and has been substituted for the application of the NERL in Queensland;\na provision that is not applicable in Queensland is a provision of the NERL that does not apply in Queensland.\nIn this section—\nNERL means the National Energy Retail Law, as amended from time to time, set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia.\nSubsections (3) to (5) are additional Queensland provisions.\ns 8 amd 2014 No. 49 (Qld) s 4 sch s 12\n(sec.8-ssec.1) Schedule 2 to the NGL applies to this Law, the National Regulations and the Rules and any other statutory instrument made under this Law in the same way as it applies to the NGL and the regulations, rules and any other statutory instruments made under the NGL.\n(sec.8-ssec.2) For that purpose— (without limiting subsection (1) ) a reference in that Schedule to the NGL or NGR (however expressed) is taken to be a reference to this Law or the Rules respectively; and clauses 2, 29, 40(3) and 52, and Part 7 of that Schedule are taken to be omitted; and the definition of business day in clause 10 is taken to be omitted. See section 320 of this Law which applies instead of clauses 2 and 52 of Schedule 2 to the NGL.\n(sec.8-ssec.3) Editor’s notes included in this Law do not form part of this Law.\n(sec.8-ssec.4) The following apply for interpreting editor’s notes included in this Law— an additional Queensland provision is a provision of this Law that does not form part of the NERL and has been included for the application of the NERL in Queensland; a substituted Queensland provision is a provision of this Law that is a substitute for a provision of the NERL (of the same number) and has been substituted for the application of the NERL in Queensland; a provision that is not applicable in Queensland is a provision of the NERL that does not apply in Queensland.\n(sec.8-ssec.5) In this section— NERL means the National Energy Retail Law, as amended from time to time, set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia. Subsections (3) to (5) are additional Queensland provisions.\n- (a) (without limiting subsection (1) ) a reference in that Schedule to the NGL or NGR (however expressed) is taken to be a reference to this Law or the Rules respectively; and\n- (b) clauses 2, 29, 40(3) and 52, and Part 7 of that Schedule are taken to be omitted; and\n- (c) the definition of business day in clause 10 is taken to be omitted.\n- (a) an additional Queensland provision is a provision of this Law that does not form part of the NERL and has been included for the application of the NERL in Queensland;\n- (b) a substituted Queensland provision is a provision of this Law that is a substitute for a provision of the NERL (of the same number) and has been substituted for the application of the NERL in Queensland;\n- (c) a provision that is not applicable in Queensland is a provision of the NERL that does not apply in Queensland.","sortOrder":13},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Savings and transitionals","content":"### sec.8A Savings and transitionals\n\nSchedule 1 has effect.\ns 8A ins 2018 No. 12 (SA) s 13","sortOrder":14},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Matters relating to participating jurisdictions","content":"## Matters relating to participating jurisdictions","sortOrder":15},{"sectionNumber":"sec.9","sectionType":"section","heading":"Participating jurisdictions","content":"### sec.9 Participating jurisdictions\n\nThe following jurisdictions are participating jurisdictions for the purposes of this Law—\nthe State of South Australia; and\nthe Commonwealth, a Territory or a State (other than South Australia) if there is in force, as part of the law of that jurisdiction, a law that applies this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia or by some other law).\nIf a law of a participating jurisdiction referred to in subsection (1) (b) ceases to be in force, the jurisdiction ceases to be a participating jurisdiction.\ns 9 sub 2021 No. 3 (SA) s 26\n(sec.9-ssec.1) The following jurisdictions are participating jurisdictions for the purposes of this Law— the State of South Australia; and the Commonwealth, a Territory or a State (other than South Australia) if there is in force, as part of the law of that jurisdiction, a law that applies this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia or by some other law).\n(sec.9-ssec.2) If a law of a participating jurisdiction referred to in subsection (1) (b) ceases to be in force, the jurisdiction ceases to be a participating jurisdiction.\n- (a) the State of South Australia; and\n- (b) the Commonwealth, a Territory or a State (other than South Australia) if there is in force, as part of the law of that jurisdiction, a law that applies this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia or by some other law).","sortOrder":16},{"sectionNumber":"sec.10","sectionType":"section","heading":"Ministers of participating jurisdictions","content":"### sec.10 Ministers of participating jurisdictions\n\nThe Ministers of the participating jurisdictions are—\nthe South Australian Minister; and\nthe Ministers of the Crown in right of the other participating jurisdictions administering the laws of those jurisdictions that apply this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia or by some other law).\ns 10 amd 2021 No. 3 (SA) s 27 ; 2023 No. 36 (SA) s 74\n- (a) the South Australian Minister; and\n- (b) the Ministers of the Crown in right of the other participating jurisdictions administering the laws of those jurisdictions that apply this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia or by some other law).","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"Local area retailers","content":"### sec.11 Local area retailers\n\nThe regulations under the application Act of a participating jurisdiction must nominate a retailer as a local area retailer for that jurisdiction for the purposes of this Law.\nOne or more retailers may be nominated for a jurisdiction.\nA nomination of a retailer may be made for any or all of the following:\nthe whole or a specified part of the geographical area of a jurisdiction;\nspecified premises or a specified class of premises;\nspecified customers or a specified class of customers.\nA nomination of a retailer may relate to 1 or more of the following:\nelectricity;\nnatural gas and natural gas equivalents;\n1 or more types of prescribed covered gas.\ns 11 amd 2023 No. 36 (SA) s 75\n(sec.11-ssec.1) The regulations under the application Act of a participating jurisdiction must nominate a retailer as a local area retailer for that jurisdiction for the purposes of this Law.\n(sec.11-ssec.2) One or more retailers may be nominated for a jurisdiction.\n(sec.11-ssec.3) A nomination of a retailer may be made for any or all of the following: the whole or a specified part of the geographical area of a jurisdiction; specified premises or a specified class of premises; specified customers or a specified class of customers.\n(sec.11-ssec.4) A nomination of a retailer may relate to 1 or more of the following: electricity; natural gas and natural gas equivalents; 1 or more types of prescribed covered gas.\n- (a) the whole or a specified part of the geographical area of a jurisdiction;\n- (b) specified premises or a specified class of premises;\n- (c) specified customers or a specified class of customers.\n- (a) electricity;\n- (b) natural gas and natural gas equivalents;\n- (c) 1 or more types of prescribed covered gas.","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Nominated distributors","content":"### sec.12 Nominated distributors\n\nThe regulations under an application Act of a participating jurisdiction may nominate an entity (being an entity that is licensed or otherwise authorised under jurisdictional energy legislation of that jurisdiction) to provide customer connection services as a nominated distributor for the purposes of this Law.\nA nomination of an entity may be made for any or all of the following:\nthe whole or a specified part of the geographical area of a jurisdiction; or\nthe whole or a specified part of a distribution system that is owned, controlled or operated by the entity.\nA nomination of an entity has the effect of applying this Law and the Rules (in whole or in part as specified in the regulations and with any specified modifications) to the entity as if it were a distributor within the meaning of this Law, and references in this Law and the Rules to a distributor are accordingly taken to include references to the nominated distributor.\n(sec.12-ssec.1) The regulations under an application Act of a participating jurisdiction may nominate an entity (being an entity that is licensed or otherwise authorised under jurisdictional energy legislation of that jurisdiction) to provide customer connection services as a nominated distributor for the purposes of this Law.\n(sec.12-ssec.2) A nomination of an entity may be made for any or all of the following: the whole or a specified part of the geographical area of a jurisdiction; or the whole or a specified part of a distribution system that is owned, controlled or operated by the entity.\n(sec.12-ssec.3) A nomination of an entity has the effect of applying this Law and the Rules (in whole or in part as specified in the regulations and with any specified modifications) to the entity as if it were a distributor within the meaning of this Law, and references in this Law and the Rules to a distributor are accordingly taken to include references to the nominated distributor.\n- (a) the whole or a specified part of the geographical area of a jurisdiction; or\n- (b) the whole or a specified part of a distribution system that is owned, controlled or operated by the entity.","sortOrder":19},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"National energy retail objective and policy principles","content":"## National energy retail objective and policy principles","sortOrder":20},{"sectionNumber":"sec.13","sectionType":"section","heading":"National energy retail objective","content":"### sec.13 National energy retail objective\n\nThe objective of this Law is to promote efficient investment in, and efficient operation and use of, energy services for the long term interests of consumers of energy with respect to—\nprice, quality, safety, reliability and security of supply of energy; and\nthe achievement of targets set by a participating jurisdiction—\nfor reducing Australia’s greenhouse gas emissions; or\nthat are likely to contribute to reducing Australia’s greenhouse gas emissions.\nThe AEMC must publish targets in a targets statement: see section 224A .\ns 13 amd 2023 No. 26 (SA) s 9\n- (a) price, quality, safety, reliability and security of supply of energy; and\n- (b) the achievement of targets set by a participating jurisdiction— (i) for reducing Australia’s greenhouse gas emissions; or (ii) that are likely to contribute to reducing Australia’s greenhouse gas emissions. Note— The AEMC must publish targets in a targets statement: see section 224A .\n- (i) for reducing Australia’s greenhouse gas emissions; or\n- (ii) that are likely to contribute to reducing Australia’s greenhouse gas emissions.\n- (i) for reducing Australia’s greenhouse gas emissions; or\n- (ii) that are likely to contribute to reducing Australia’s greenhouse gas emissions.","sortOrder":21},{"sectionNumber":"sec.13AA","sectionType":"section","heading":"National Regulations may prescribe matters for national energy retail objective","content":"### sec.13AA National Regulations may prescribe matters for national energy retail objective\n\nWithout limiting Part 11 of this Law, the National Regulations may make provision about a matter relating to the achievement of targets mentioned in section 13 (b) .\ns 13AA ins 2023 No. 26 (SA) s 10","sortOrder":22},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Innovative trial principles","content":"### sec.13A Innovative trial principles\n\nThe following principles (the innovative trial principles ) must be taken into account in determining whether a trial project is genuinely innovative in connection with granting a trial waiver or making a trial Rule relating to a trial project:\nwhether the trial project is focused on developing new or materially improved customer connection services or customer retail services;\nwhether the trial project is likely to contribute to the achievement of the national energy retail objective;\nwhether the trial project is able to demonstrate a reasonable prospect of giving rise to materially improved services and outcomes for consumers of energy;\nwhether the trial project maintains adequate consumer protections, including whether the trial project may involve risks to consumers and (if so), how those risks might be mitigated;\nwhether the trial project is unable to proceed under the existing regulatory framework;\nwhether the trial project has moved beyond research and development stages but is not yet established, or of sufficient maturity, size or otherwise commercially ready, to attract investment;\nwhether the trial project may negatively impact on AEMO’s operation of national energy systems and national energy markets or AEMO’s facilitation of customer connection services and customer retail services and, if there are impacts, how those impacts can be mitigated;\nwhether the trial project may impact on competition in a competitive sector of a national energy market;\nwhether the licences, authorisations and consents required for the trial project under jurisdictional gas legislation have been obtained or will be obtained;\nany other principle prescribed by the National Regulations.\ns 13A ins 2022 No. 22 (SA) s 19\namd 2023 No. 36 (SA) s 76\n- (a) whether the trial project is focused on developing new or materially improved customer connection services or customer retail services;\n- (b) whether the trial project is likely to contribute to the achievement of the national energy retail objective;\n- (c) whether the trial project is able to demonstrate a reasonable prospect of giving rise to materially improved services and outcomes for consumers of energy;\n- (d) whether the trial project maintains adequate consumer protections, including whether the trial project may involve risks to consumers and (if so), how those risks might be mitigated;\n- (e) whether the trial project is unable to proceed under the existing regulatory framework;\n- (f) whether the trial project has moved beyond research and development stages but is not yet established, or of sufficient maturity, size or otherwise commercially ready, to attract investment;\n- (g) whether the trial project may negatively impact on AEMO’s operation of national energy systems and national energy markets or AEMO’s facilitation of customer connection services and customer retail services and, if there are impacts, how those impacts can be mitigated;\n- (h) whether the trial project may impact on competition in a competitive sector of a national energy market;\n- (ha) whether the licences, authorisations and consents required for the trial project under jurisdictional gas legislation have been obtained or will be obtained;\n- (i) any other principle prescribed by the National Regulations.","sortOrder":23},{"sectionNumber":"sec.14","sectionType":"section","heading":"MCE statements of policy principles","content":"### sec.14 MCE statements of policy principles\n\nSubject to this section, the MCE may issue a statement of policy principles in relation to any matters that are relevant to the performance and exercise by the AEMC of its functions and powers in—\nmaking a Rule; or\nconducting a review under section 232 .\nBefore issuing a statement of policy principles, the MCE must be satisfied that the statement is consistent with the national energy retail objective.\nAs soon as practicable after issuing a statement of policy principles, the MCE must give a copy of the statement to the AEMC.\nThe AEMC must publish the statement in the South Australian Government Gazette and on its website as soon as practicable after it is given a copy of the statement.\n(sec.14-ssec.1) Subject to this section, the MCE may issue a statement of policy principles in relation to any matters that are relevant to the performance and exercise by the AEMC of its functions and powers in— making a Rule; or conducting a review under section 232 .\n(sec.14-ssec.2) Before issuing a statement of policy principles, the MCE must be satisfied that the statement is consistent with the national energy retail objective.\n(sec.14-ssec.3) As soon as practicable after issuing a statement of policy principles, the MCE must give a copy of the statement to the AEMC.\n(sec.14-ssec.4) The AEMC must publish the statement in the South Australian Government Gazette and on its website as soon as practicable after it is given a copy of the statement.\n- (a) making a Rule; or\n- (b) conducting a review under section 232 .","sortOrder":24},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Operation and effect of National Energy Retail Rules","content":"## Operation and effect of National Energy Retail Rules","sortOrder":25},{"sectionNumber":"sec.15","sectionType":"section","heading":"Rules to have force of law","content":"### sec.15 Rules to have force of law\n\nThe National Energy Retail Rules have the force of law in this jurisdiction.","sortOrder":26},{"sectionNumber":"pt.1-div.5","sectionType":"division","heading":"Application of this Law and the Rules to forms of energy","content":"## Application of this Law and the Rules to forms of energy","sortOrder":27},{"sectionNumber":"sec.16","sectionType":"section","heading":"Application of Law and Rules to energy","content":"### sec.16 Application of Law and Rules to energy\n\nThis Law and the Rules apply to—\nthe sale and supply to customers of 1 or more of the following:\nelectricity;\nnatural gas or natural gas equivalents, or both;\n1 or more types of prescribed covered gas; and\na retailer to the extent that the retailer sells 1 or more of the following:\nelectricity;\nnatural gas or natural gas equivalents, or both;\n1 or more types of prescribed covered gas; and\na distributor to the extent that the distributor supplies 1 or more of the following:\nelectricity;\nnatural gas or natural gas equivalents, or both;\n1 or more types of prescribed covered gas.\nReferences in this Law and the Rules to energy are to be construed accordingly.\nNothing in this section affects the application of provisions of this Law or the Rules to persons who are neither retailers nor distributors.\ns 16 amd 2023 No. 36 (SA) s 77\n(sec.16-ssec.1) This Law and the Rules apply to— the sale and supply to customers of 1 or more of the following: electricity; natural gas or natural gas equivalents, or both; 1 or more types of prescribed covered gas; and a retailer to the extent that the retailer sells 1 or more of the following: electricity; natural gas or natural gas equivalents, or both; 1 or more types of prescribed covered gas; and a distributor to the extent that the distributor supplies 1 or more of the following: electricity; natural gas or natural gas equivalents, or both; 1 or more types of prescribed covered gas.\n(sec.16-ssec.2) References in this Law and the Rules to energy are to be construed accordingly.\n(sec.16-ssec.3) Nothing in this section affects the application of provisions of this Law or the Rules to persons who are neither retailers nor distributors.\n- (a) the sale and supply to customers of 1 or more of the following: (i) electricity; (ii) natural gas or natural gas equivalents, or both; (iii) 1 or more types of prescribed covered gas; and\n- (i) electricity;\n- (ii) natural gas or natural gas equivalents, or both;\n- (iii) 1 or more types of prescribed covered gas; and\n- (b) a retailer to the extent that the retailer sells 1 or more of the following: (i) electricity; (ii) natural gas or natural gas equivalents, or both; (iii) 1 or more types of prescribed covered gas; and\n- (i) electricity;\n- (ii) natural gas or natural gas equivalents, or both;\n- (iii) 1 or more types of prescribed covered gas; and\n- (c) a distributor to the extent that the distributor supplies 1 or more of the following: (i) electricity; (ii) natural gas or natural gas equivalents, or both; (iii) 1 or more types of prescribed covered gas.\n- (i) electricity;\n- (ii) natural gas or natural gas equivalents, or both;\n- (iii) 1 or more types of prescribed covered gas.\n- (i) electricity;\n- (ii) natural gas or natural gas equivalents, or both;\n- (iii) 1 or more types of prescribed covered gas; and\n- (i) electricity;\n- (ii) natural gas or natural gas equivalents, or both;\n- (iii) 1 or more types of prescribed covered gas; and\n- (i) electricity;\n- (ii) natural gas or natural gas equivalents, or both;\n- (iii) 1 or more types of prescribed covered gas.","sortOrder":28},{"sectionNumber":"pt.1-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":29},{"sectionNumber":"sec.17","sectionType":"section","heading":"Extraterritorial operation of Law","content":"### sec.17 Extraterritorial operation of Law\n\nIt is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following:\nthings situated in or outside the territorial limits of this jurisdiction;\nacts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\nthings, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.\n- (a) things situated in or outside the territorial limits of this jurisdiction;\n- (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\n- (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.","sortOrder":30},{"sectionNumber":"sec.18","sectionType":"section","heading":"Law binds the State","content":"### sec.18 Law binds the State\n\nThis Law binds the State.\nIn this section—\nState means the Crown in right of this jurisdiction, and includes—\nthe Government of this jurisdiction; and\na Minister of the Crown in right of this jurisdiction; and\na statutory corporation, or other entity, representing the Crown in right of this jurisdiction.\n(sec.18-ssec.1) This Law binds the State.\n(sec.18-ssec.2) In this section— State means the Crown in right of this jurisdiction, and includes— the Government of this jurisdiction; and a Minister of the Crown in right of this jurisdiction; and a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.\n- (a) the Government of this jurisdiction; and\n- (b) a Minister of the Crown in right of this jurisdiction; and\n- (c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.","sortOrder":31},{"sectionNumber":"pt.2","sectionType":"part","heading":"Relationship between retailers and small customers","content":"# Relationship between retailers and small customers","sortOrder":32},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":33},{"sectionNumber":"sec.19","sectionType":"section","heading":"Application of this Part","content":"### sec.19 Application of this Part\n\nThis Part applies to the relationship between retailers and small customers.\nThis Part, other than Divisions 12 and 12A , does not apply to or affect the relationship between retailers and large customers.\nThis subsection is a substituted Queensland provision.\nThis Part does not apply to business customers of a retailer who aggregate 2 or more business premises in accordance with the Rules.\ns 19 amd 2014 No. 49 (Qld) s 4 sch s 13\n(sec.19-ssec.1) This Part applies to the relationship between retailers and small customers.\n(sec.19-ssec.2) This Part, other than Divisions 12 and 12A , does not apply to or affect the relationship between retailers and large customers. This subsection is a substituted Queensland provision.\n(sec.19-ssec.3) This Part does not apply to business customers of a retailer who aggregate 2 or more business premises in accordance with the Rules.","sortOrder":34},{"sectionNumber":"pt.2-div.1A","sectionType":"division","heading":"Additional Queensland provisions about restrictions on sale of energy","content":"## Additional Queensland provisions about restrictions on sale of energy","sortOrder":35},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Restriction on selling electricity to particular small customers","content":"### sec.19A Restriction on selling electricity to particular small customers\n\nA retailer must not sell electricity to an excluded small customer unless—\nthe retailer is the designated retailer for the customer’s premises; or\nthe sale is authorised or required under the RoLR scheme under Part 6 .\nThis subsection is a civil penalty provision.\nIn this section—\nexcluded small customer means a small customer who is—\nan excluded customer under section 23 (4) of the Electricity Act 1994 of Queensland; or\na customer to whom section 319 or 319A of the Electricity Act 1994 of Queensland applies.\ns 19A ins 2014 No. 49 (Qld) s 4 sch s 14\namd 2018 No. 22 (Qld) s 13 (1)\n(sec.19A-ssec.1) A retailer must not sell electricity to an excluded small customer unless— the retailer is the designated retailer for the customer’s premises; or the sale is authorised or required under the RoLR scheme under Part 6 . This subsection is a civil penalty provision.\n(sec.19A-ssec.2) In this section— excluded small customer means a small customer who is— an excluded customer under section 23 (4) of the Electricity Act 1994 of Queensland; or a customer to whom section 319 or 319A of the Electricity Act 1994 of Queensland applies.\n- (a) the retailer is the designated retailer for the customer’s premises; or\n- (b) the sale is authorised or required under the RoLR scheme under Part 6 . Note— This subsection is a civil penalty provision.\n- (a) an excluded customer under section 23 (4) of the Electricity Act 1994 of Queensland; or\n- (b) a customer to whom section 319 or 319A of the Electricity Act 1994 of Queensland applies.","sortOrder":36},{"sectionNumber":"sec.19B","sectionType":"section","heading":"Restriction on selling gas to particular small customers","content":"### sec.19B Restriction on selling gas to particular small customers\n\nA retailer must not sell gas to an excluded small customer unless the sale is authorised or required under—\nthe RoLR scheme under Part 6 ; or\nan insufficiency of supply declaration, or an insufficiency of supply direction, under the Gas Supply Act 2003 of Queensland.\nThis subsection is a civil penalty provision.\nTo remove any doubt, it is declared that section 22 does not apply to a retailer selling gas to an excluded small customer.\nHowever, Division 9 applies to a retailer selling gas to an excluded small customer in the retailer’s capacity as the financially responsible retailer for premises.\nIn this section—\nexcluded small customer means a small customer who is an excluded customer under section 16 (4) of the Gas Supply Act 2003 of Queensland.\ns 19B ins 2014 No. 49 (Qld) s 4 sch s 14\n(sec.19B-ssec.1) A retailer must not sell gas to an excluded small customer unless the sale is authorised or required under— the RoLR scheme under Part 6 ; or an insufficiency of supply declaration, or an insufficiency of supply direction, under the Gas Supply Act 2003 of Queensland. This subsection is a civil penalty provision.\n(sec.19B-ssec.2) To remove any doubt, it is declared that section 22 does not apply to a retailer selling gas to an excluded small customer.\n(sec.19B-ssec.3) However, Division 9 applies to a retailer selling gas to an excluded small customer in the retailer’s capacity as the financially responsible retailer for premises.\n(sec.19B-ssec.4) In this section— excluded small customer means a small customer who is an excluded customer under section 16 (4) of the Gas Supply Act 2003 of Queensland.\n- (a) the RoLR scheme under Part 6 ; or\n- (b) an insufficiency of supply declaration, or an insufficiency of supply direction, under the Gas Supply Act 2003 of Queensland. Note— This subsection is a civil penalty provision.","sortOrder":37},{"sectionNumber":"sec.19C","sectionType":"section","heading":"Additional restrictions on sale of energy by assigned retailer","content":"### sec.19C Additional restrictions on sale of energy by assigned retailer\n\nAn assigned retailer may provide customer retail services to a customer for premises only if the retailer is—\nin a case where there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or\nin a case where there is an existing connection (including where a connection alteration to an existing connection is required)—\nthe local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); and\nif the customer is a large customer—the financially responsible retailer for the premises.\nThis subsection is a civil penalty provision.\nSubsection (1) does not apply if the assigned retailer provides customer retail services to a customer who is required to be transferred to the retailer to correct an erroneous transfer, completed under the NER, from the retailer to another holder of a retailer authorisation.\nIt is a defence to a proceeding under subsection (1) if, because of information given by the customer, the assigned retailer reasonably believed it was obliged to provide customer retail services to the customer for the premises.\nAn assigned retailer may provide customer retail services to a customer only under—\nfor a small customer—a standard retail contract (including a standard retail contract (card-operated meters)); or\nfor a large customer—the retailer’s large customer standard retail contract.\nThis subsection is a civil penalty provision.\nSubsection (4) does not apply to an assigned retailer providing customer retail services to a customer in the circumstances prescribed under a local instrument of this jurisdiction.\nIf an assigned retailer provides customer retail services under subsection (5) , the retailer must comply with the conditions prescribed under a local instrument of this jurisdiction for the provision of the services.\nThis subsection is a civil penalty provision.\nThis section does not prevent an assigned retailer entering into a separate arrangement with a qualifying customer of the retailer to buy electricity produced at the qualifying customer’s premises and supplied to a distribution system.\nIn this section—\nqualifying customer means a customer whose annual consumption at the customer’s premises is, or is estimated by the distributor who provides customer connection services to the premises to be, less than 100 megawatt hours.\ns 19C ins 2014 No. 49 (Qld) s 4 sch s 14\namd 2018 No. 22 (Qld) s 13 (2)\n(sec.19C-ssec.1) An assigned retailer may provide customer retail services to a customer for premises only if the retailer is— in a case where there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or in a case where there is an existing connection (including where a connection alteration to an existing connection is required)— the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); and if the customer is a large customer—the financially responsible retailer for the premises. This subsection is a civil penalty provision.\n(sec.19C-ssec.2) Subsection (1) does not apply if the assigned retailer provides customer retail services to a customer who is required to be transferred to the retailer to correct an erroneous transfer, completed under the NER, from the retailer to another holder of a retailer authorisation.\n(sec.19C-ssec.3) It is a defence to a proceeding under subsection (1) if, because of information given by the customer, the assigned retailer reasonably believed it was obliged to provide customer retail services to the customer for the premises.\n(sec.19C-ssec.4) An assigned retailer may provide customer retail services to a customer only under— for a small customer—a standard retail contract (including a standard retail contract (card-operated meters)); or for a large customer—the retailer’s large customer standard retail contract. This subsection is a civil penalty provision.\n(sec.19C-ssec.5) Subsection (4) does not apply to an assigned retailer providing customer retail services to a customer in the circumstances prescribed under a local instrument of this jurisdiction.\n(sec.19C-ssec.6) If an assigned retailer provides customer retail services under subsection (5) , the retailer must comply with the conditions prescribed under a local instrument of this jurisdiction for the provision of the services. This subsection is a civil penalty provision.\n(sec.19C-ssec.7) This section does not prevent an assigned retailer entering into a separate arrangement with a qualifying customer of the retailer to buy electricity produced at the qualifying customer’s premises and supplied to a distribution system.\n(sec.19C-ssec.8) In this section— qualifying customer means a customer whose annual consumption at the customer’s premises is, or is estimated by the distributor who provides customer connection services to the premises to be, less than 100 megawatt hours.\n- (a) in a case where there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or\n- (b) in a case where there is an existing connection (including where a connection alteration to an existing connection is required)— (i) the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); and (ii) if the customer is a large customer—the financially responsible retailer for the premises. Note— This subsection is a civil penalty provision.\n- (i) the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); and\n- (ii) if the customer is a large customer—the financially responsible retailer for the premises. Note— This subsection is a civil penalty provision.\n- (i) the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); and\n- (ii) if the customer is a large customer—the financially responsible retailer for the premises. Note— This subsection is a civil penalty provision.\n- (a) for a small customer—a standard retail contract (including a standard retail contract (card-operated meters)); or\n- (b) for a large customer—the retailer’s large customer standard retail contract.","sortOrder":38},{"sectionNumber":"sec.19D","sectionType":"section","heading":"Monitoring, investigating and enforcing this Division","content":"### sec.19D Monitoring, investigating and enforcing this Division\n\nA local instrument of this jurisdiction must nominate the entity who is the Regulator for this Division.\nThe Regulator has, for monitoring, investigating or enforcing this Division, the same functions and powers the AER has for monitoring, investigating or enforcing other provisions of this Law.\nFor subsection (2) , this Law applies to monitoring, investigating or enforcing this Division as if a reference in a compliance, investigation or enforcement provision to the AER were a reference to the Regulator.\nThis Law confers functions and powers on the AER for monitoring, investigating or enforcing this Division only if the AER is nominated as the Regulator under subsection (1) and only to the extent provided for under this section.\ns 19D ins 2014 No. 49 (Qld) s 4 sch s 14\n(sec.19D-ssec.1) A local instrument of this jurisdiction must nominate the entity who is the Regulator for this Division.\n(sec.19D-ssec.2) The Regulator has, for monitoring, investigating or enforcing this Division, the same functions and powers the AER has for monitoring, investigating or enforcing other provisions of this Law.\n(sec.19D-ssec.3) For subsection (2) , this Law applies to monitoring, investigating or enforcing this Division as if a reference in a compliance, investigation or enforcement provision to the AER were a reference to the Regulator.\n(sec.19D-ssec.4) This Law confers functions and powers on the AER for monitoring, investigating or enforcing this Division only if the AER is nominated as the Regulator under subsection (1) and only to the extent provided for under this section.","sortOrder":39},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Customer retail contracts generally","content":"## Customer retail contracts generally","sortOrder":40},{"sectionNumber":"sec.20","sectionType":"section","heading":"Kinds of customer retail contracts","content":"### sec.20 Kinds of customer retail contracts\n\nThere are 2 kinds of customer retail contracts, as follows:\nstandard retail contracts;\nmarket retail contracts.\nA retailer cannot provide customer retail services to small customers under any other kind of contract or arrangement.\nThis subsection is a civil penalty provision.\nThis section does not affect deemed customer retail arrangements under Division 9 .\nThis section does not affect RoLR deemed small customer retail arrangements under Part 6 .\n(sec.20-ssec.1) There are 2 kinds of customer retail contracts, as follows: standard retail contracts; market retail contracts.\n(sec.20-ssec.2) A retailer cannot provide customer retail services to small customers under any other kind of contract or arrangement. This subsection is a civil penalty provision.\n(sec.20-ssec.3) This section does not affect deemed customer retail arrangements under Division 9 .\n(sec.20-ssec.4) This section does not affect RoLR deemed small customer retail arrangements under Part 6 .\n- (a) standard retail contracts;\n- (b) market retail contracts.","sortOrder":41},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Standing offers and standard retail contracts for small customers","content":"## Standing offers and standard retail contracts for small customers","sortOrder":42},{"sectionNumber":"sec.21","sectionType":"section","heading":"Model terms and conditions","content":"### sec.21 Model terms and conditions\n\nThe Rules must set out model terms and conditions for standard retail contracts (referred to in this Division as the model terms and conditions ).","sortOrder":43},{"sectionNumber":"sec.22","sectionType":"section","heading":"Obligation to make offer to small customers","content":"### sec.22 Obligation to make offer to small customers\n\nA retailer must make an offer (a standing offer ) to provide customer retail services to small customers for whom it is the designated retailer—\nat the standing offer prices; and\nunder the retailer’s form of standard retail contract.\nThis subsection is a civil penalty provision.\nIf—\na small customer has an interval meter; and\na local instrument of this jurisdiction declares that this subsection applies in relation to this jurisdiction,\nthen a retailer’s standing offer must include—\nsuch tariff structures as may be prescribed by local instrument; or\nif and to the extent that a local instrument declares such Rules to apply—such tariff structures as may be prescribed by the National Energy Retail Rules in connection with the operation of this subsection.\nIn connection with the operation of subsection (1a) , a local instrument applying under subsection (1a) (c) or the Rules applying under subsection (1a) (d) may include provisions that will allow a small customer to elect that a certain specified tariff will, or will not, apply in relation to the customer.\nThe Rules may provide for the manner and form in which a standing offer is to be made.\nWithout limiting the power to make Rules relating to the manner and form in which a standing offer is to be made, a designated retailer must publish the terms and conditions of the standing offer on the retailer’s website.\nThis subsection is a civil penalty provision.\nA designated retailer must comply with the terms and conditions of the retailer’s standing offer.\nA designated retailer is not obliged to make a standing offer to a small customer if the customer’s premises are not, or are not proposed to be, connected to a distributor’s distribution system.\nSection 31 provides for the satisfaction of a designated retailer’s obligation to make a standing offer by making an offer to certain small customers to sell energy under a market retail contract.\nIn this section—\ninterval energy data means interval energy data as defined in the NER;\ninterval meter means a meter that measures and records interval energy data.\ns 22 amd 2013 No. 69 (SA) s 7\n(sec.22-ssec.1) A retailer must make an offer (a standing offer ) to provide customer retail services to small customers for whom it is the designated retailer— at the standing offer prices; and under the retailer’s form of standard retail contract. This subsection is a civil penalty provision.\n(sec.22-ssec.1a) If— a small customer has an interval meter; and a local instrument of this jurisdiction declares that this subsection applies in relation to this jurisdiction, then a retailer’s standing offer must include— such tariff structures as may be prescribed by local instrument; or if and to the extent that a local instrument declares such Rules to apply—such tariff structures as may be prescribed by the National Energy Retail Rules in connection with the operation of this subsection.\n(sec.22-ssec.1b) In connection with the operation of subsection (1a) , a local instrument applying under subsection (1a) (c) or the Rules applying under subsection (1a) (d) may include provisions that will allow a small customer to elect that a certain specified tariff will, or will not, apply in relation to the customer.\n(sec.22-ssec.2) The Rules may provide for the manner and form in which a standing offer is to be made.\n(sec.22-ssec.3) Without limiting the power to make Rules relating to the manner and form in which a standing offer is to be made, a designated retailer must publish the terms and conditions of the standing offer on the retailer’s website. This subsection is a civil penalty provision.\n(sec.22-ssec.4) A designated retailer must comply with the terms and conditions of the retailer’s standing offer.\n(sec.22-ssec.5) A designated retailer is not obliged to make a standing offer to a small customer if the customer’s premises are not, or are not proposed to be, connected to a distributor’s distribution system. Section 31 provides for the satisfaction of a designated retailer’s obligation to make a standing offer by making an offer to certain small customers to sell energy under a market retail contract.\n(sec.22-ssec.6) In this section— interval energy data means interval energy data as defined in the NER; interval meter means a meter that measures and records interval energy data. s 22 amd 2013 No. 69 (SA) s 7\n- (a) at the standing offer prices; and\n- (b) under the retailer’s form of standard retail contract.\n- (a) a small customer has an interval meter; and\n- (b) a local instrument of this jurisdiction declares that this subsection applies in relation to this jurisdiction,\n- (c) such tariff structures as may be prescribed by local instrument; or\n- (d) if and to the extent that a local instrument declares such Rules to apply—such tariff structures as may be prescribed by the National Energy Retail Rules in connection with the operation of this subsection.","sortOrder":44},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Additional Queensland provision about standing offer prices for particular retailers","content":"### sec.22A Additional Queensland provision about standing offer prices for particular retailers\n\nSubsection (2) applies if there are notified prices under section 90 (4) of the Electricity Act 1994 of Queensland for a retailer providing customer retail services to all or particular small customers.\nFor the purposes of this Law, the retailer’s standing offer prices for providing the customer retail services to the small customers must, under section 91A of the Electricity Act 1994 of Queensland, be the notified prices.\nSubsection (4) applies if—\non or after the commencement of this section, there were notified prices under section 90 (4) of the Electricity Act 1994 of Queensland for a retailer providing customer retail services to all or particular small customers; and\nthe price determination fixing the notified prices no longer applies under section 89E of the Electricity Act 1994 of Queensland.\nFor the purposes of this Law, the retailer’s standing offer prices for providing the customer retail services to the small customers may comprise only fees and charges of types that were the subject of the notified prices for the financial year immediately preceding the day the price determination no longer applies.\ns 22A ins 2014 No. 49 (Qld) s 4 sch s 15\namd 2015 No. 26 (Qld) s 17 ; 2018 No. 22 (Qld) s 13 (3) (amdt could not be given effect), (4); 2020 No. 14 (Qld) s 165\n(sec.22A-ssec.1) Subsection (2) applies if there are notified prices under section 90 (4) of the Electricity Act 1994 of Queensland for a retailer providing customer retail services to all or particular small customers.\n(sec.22A-ssec.2) For the purposes of this Law, the retailer’s standing offer prices for providing the customer retail services to the small customers must, under section 91A of the Electricity Act 1994 of Queensland, be the notified prices.\n(sec.22A-ssec.3) Subsection (4) applies if— on or after the commencement of this section, there were notified prices under section 90 (4) of the Electricity Act 1994 of Queensland for a retailer providing customer retail services to all or particular small customers; and the price determination fixing the notified prices no longer applies under section 89E of the Electricity Act 1994 of Queensland.\n(sec.22A-ssec.4) For the purposes of this Law, the retailer’s standing offer prices for providing the customer retail services to the small customers may comprise only fees and charges of types that were the subject of the notified prices for the financial year immediately preceding the day the price determination no longer applies.\n- (a) on or after the commencement of this section, there were notified prices under section 90 (4) of the Electricity Act 1994 of Queensland for a retailer providing customer retail services to all or particular small customers; and\n- (b) the price determination fixing the notified prices no longer applies under section 89E of the Electricity Act 1994 of Queensland.","sortOrder":45},{"sectionNumber":"sec.23","sectionType":"section","heading":"Standing offer prices","content":"### sec.23 Standing offer prices\n\nA retailer must publish its standing offer prices on its website, and the standing offer prices so published remain in force until varied in accordance with this section.\nA standing offer price may be a regulated price under jurisdictional energy legislation.\nThis subsection is a civil penalty provision.\nA retailer may vary the standing offer prices from time to time, but a variation has no effect unless—\nit is made in accordance with the requirements (if any) of jurisdictional energy legislation; and\nthe variation (or the standing offer prices as varied) is published on the retailer’s website.\nA retailer must—\npublish the variation (or the standing offer prices as varied) on the retailer’s website; and\npublish a notice about the variation in a newspaper circulating in the participating jurisdictions in which the retailer has small customers, notifying customers that—\nthere has been a variation; and\nthe variation (or the standing offer prices as varied) is published on the retailer’s website; and\ninform each affected customer of the variation when the retailer sends the next bill to the customer.\nUnless subsection (5) applies, a variation of the standing offer prices takes effect on and from the date specified in the variation.\nA variation of the standing offer prices takes effect—\nif the date specified in the variation is before or within the period of 6 months starting with the date the last variation took effect (or, if the standing offer prices have not previously been varied, the period of 6 months since the date of publication of the standing offer prices)—on the date that immediately follows the 6‐month period; or\nif the date specified in the variation is before or within the period of 10 business days starting with the first business day after the date on which the variation was published—on the date that immediately follows the 10‐day period.\nIf both paragraphs (a) and (b) are applicable and the dates mentioned in those paragraphs are different, the variation takes effect on the later of those dates.\nA retailer is not subject to subsection (5) in respect of a variation of its standing offer prices as a result of a RoLR cost recovery scheme under Part 6 (see section 167 (6) ).\nA retailer must, as soon as practicable, notify the AER of details of the standing offer prices and any variation of the standing offer prices in the manner and form required by the AER Retail Pricing Information Guidelines.\nThe AER must, as soon as practicable after being notified by a retailer, publish the standing offer prices or any variation of the standing offer prices on the AER’s website, but failure to do so does not affect the operation or effect of the standing offer prices or any variation.\nThis section applies only as follows—\nin relation to a retailer who sells gas;\nsubject to subsection (9) , in relation to a retailer who sells electricity to small customers whose standing offer prices stop being notified prices under section 90 (4) of the Electricity Act 1994 of Queensland because the price determination fixing the notified prices no longer applies (as mentioned in section 22A (3) ).\nThis section applies in relation to a retailer mentioned in subsection (8) (b) with the following changes—\nthe retailer—\nmust set its standing offer prices immediately after the price determination mentioned in the subsection no longer applies; and\ncan not vary the standing offer prices for 1 year after the prices are set under subparagraph (i) , unless the variation is to reduce the standing offer prices;\ndespite subsection (3) (c) , if the retailer varies its standing offer prices to increase the prices, the retailer must inform each affected customer of the variation at least 10 business days before the variation takes effect;\ndespite subsections (2) (b) and (5) , the retailer may vary its standing offer prices to reduce the prices at any time.\nSubsections (8) and (9) are additional Queensland provisions.\ns 23 amd 2014 No. 49 (Qld) s 4 sch s 16\n(sec.23-ssec.1) A retailer must publish its standing offer prices on its website, and the standing offer prices so published remain in force until varied in accordance with this section. A standing offer price may be a regulated price under jurisdictional energy legislation. This subsection is a civil penalty provision.\n(sec.23-ssec.2) A retailer may vary the standing offer prices from time to time, but a variation has no effect unless— it is made in accordance with the requirements (if any) of jurisdictional energy legislation; and the variation (or the standing offer prices as varied) is published on the retailer’s website.\n(sec.23-ssec.3) A retailer must— publish the variation (or the standing offer prices as varied) on the retailer’s website; and publish a notice about the variation in a newspaper circulating in the participating jurisdictions in which the retailer has small customers, notifying customers that— there has been a variation; and the variation (or the standing offer prices as varied) is published on the retailer’s website; and inform each affected customer of the variation when the retailer sends the next bill to the customer.\n(sec.23-ssec.4) Unless subsection (5) applies, a variation of the standing offer prices takes effect on and from the date specified in the variation.\n(sec.23-ssec.5) A variation of the standing offer prices takes effect— if the date specified in the variation is before or within the period of 6 months starting with the date the last variation took effect (or, if the standing offer prices have not previously been varied, the period of 6 months since the date of publication of the standing offer prices)—on the date that immediately follows the 6‐month period; or if the date specified in the variation is before or within the period of 10 business days starting with the first business day after the date on which the variation was published—on the date that immediately follows the 10‐day period. If both paragraphs (a) and (b) are applicable and the dates mentioned in those paragraphs are different, the variation takes effect on the later of those dates. A retailer is not subject to subsection (5) in respect of a variation of its standing offer prices as a result of a RoLR cost recovery scheme under Part 6 (see section 167 (6) ).\n(sec.23-ssec.6) A retailer must, as soon as practicable, notify the AER of details of the standing offer prices and any variation of the standing offer prices in the manner and form required by the AER Retail Pricing Information Guidelines.\n(sec.23-ssec.7) The AER must, as soon as practicable after being notified by a retailer, publish the standing offer prices or any variation of the standing offer prices on the AER’s website, but failure to do so does not affect the operation or effect of the standing offer prices or any variation.\n(sec.23-ssec.8) This section applies only as follows— in relation to a retailer who sells gas; subject to subsection (9) , in relation to a retailer who sells electricity to small customers whose standing offer prices stop being notified prices under section 90 (4) of the Electricity Act 1994 of Queensland because the price determination fixing the notified prices no longer applies (as mentioned in section 22A (3) ).\n(sec.23-ssec.9) This section applies in relation to a retailer mentioned in subsection (8) (b) with the following changes— the retailer— must set its standing offer prices immediately after the price determination mentioned in the subsection no longer applies; and can not vary the standing offer prices for 1 year after the prices are set under subparagraph (i) , unless the variation is to reduce the standing offer prices; despite subsection (3) (c) , if the retailer varies its standing offer prices to increase the prices, the retailer must inform each affected customer of the variation at least 10 business days before the variation takes effect; despite subsections (2) (b) and (5) , the retailer may vary its standing offer prices to reduce the prices at any time. Subsections (8) and (9) are additional Queensland provisions. s 23 amd 2014 No. 49 (Qld) s 4 sch s 16\n- 1 A standing offer price may be a regulated price under jurisdictional energy legislation.\n- 2 This subsection is a civil penalty provision.\n- (a) it is made in accordance with the requirements (if any) of jurisdictional energy legislation; and\n- (b) the variation (or the standing offer prices as varied) is published on the retailer’s website.\n- (a) publish the variation (or the standing offer prices as varied) on the retailer’s website; and\n- (b) publish a notice about the variation in a newspaper circulating in the participating jurisdictions in which the retailer has small customers, notifying customers that— (i) there has been a variation; and (ii) the variation (or the standing offer prices as varied) is published on the retailer’s website; and\n- (i) there has been a variation; and\n- (ii) the variation (or the standing offer prices as varied) is published on the retailer’s website; and\n- (c) inform each affected customer of the variation when the retailer sends the next bill to the customer.\n- (i) there has been a variation; and\n- (ii) the variation (or the standing offer prices as varied) is published on the retailer’s website; and\n- (a) if the date specified in the variation is before or within the period of 6 months starting with the date the last variation took effect (or, if the standing offer prices have not previously been varied, the period of 6 months since the date of publication of the standing offer prices)—on the date that immediately follows the 6‐month period; or\n- (b) if the date specified in the variation is before or within the period of 10 business days starting with the first business day after the date on which the variation was published—on the date that immediately follows the 10‐day period.\n- (a) in relation to a retailer who sells gas;\n- (b) subject to subsection (9) , in relation to a retailer who sells electricity to small customers whose standing offer prices stop being notified prices under section 90 (4) of the Electricity Act 1994 of Queensland because the price determination fixing the notified prices no longer applies (as mentioned in section 22A (3) ).\n- (a) the retailer— (i) must set its standing offer prices immediately after the price determination mentioned in the subsection no longer applies; and (ii) can not vary the standing offer prices for 1 year after the prices are set under subparagraph (i) , unless the variation is to reduce the standing offer prices;\n- (i) must set its standing offer prices immediately after the price determination mentioned in the subsection no longer applies; and\n- (ii) can not vary the standing offer prices for 1 year after the prices are set under subparagraph (i) , unless the variation is to reduce the standing offer prices;\n- (b) despite subsection (3) (c) , if the retailer varies its standing offer prices to increase the prices, the retailer must inform each affected customer of the variation at least 10 business days before the variation takes effect;\n- (c) despite subsections (2) (b) and (5) , the retailer may vary its standing offer prices to reduce the prices at any time. Editor’s note— Subsections (8) and (9) are additional Queensland provisions.\n- (i) must set its standing offer prices immediately after the price determination mentioned in the subsection no longer applies; and\n- (ii) can not vary the standing offer prices for 1 year after the prices are set under subparagraph (i) , unless the variation is to reduce the standing offer prices;","sortOrder":46},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Additional Queensland provision about publication and notification of standing offer prices etc.","content":"### sec.23A Additional Queensland provision about publication and notification of standing offer prices etc.\n\nThis section applies to a retailer who sells electricity to small customers whose standing offer prices are notified prices under section 90 (4) of the Electricity Act 1994 .\nThe retailer must, if the retailer’s standing offer prices are varied, inform each affected customer of the variation when the retailer sends the next bill to the customer.\nThis section is an additional Queensland provision.\ns 23A ins 2014 No. 49 (Qld) s 4 sch s 17\n(sec.23A-ssec.1) This section applies to a retailer who sells electricity to small customers whose standing offer prices are notified prices under section 90 (4) of the Electricity Act 1994 .\n(sec.23A-ssec.2) The retailer must, if the retailer’s standing offer prices are varied, inform each affected customer of the variation when the retailer sends the next bill to the customer. This section is an additional Queensland provision.","sortOrder":47},{"sectionNumber":"sec.23B","sectionType":"section","heading":"Monitoring, investigating and enforcing ss 22A and 23A","content":"### sec.23B Monitoring, investigating and enforcing ss 22A and 23A\n\nA local instrument of this jurisdiction must nominate the entity that is the Regulator for sections 22A and 23A (each a relevant provision ).\nThe Regulator has, for monitoring, investigating or enforcing a relevant provision, the same functions and powers the AER has for monitoring, investigating or enforcing other provisions of this Law.\nFor subsection (2) , this Law applies to monitoring, investigating or enforcing a relevant provision as if a reference in a compliance, investigation or enforcement provision to the AER were a reference to the Regulator.\nThis Law confers functions and powers on the AER for monitoring, investigating or enforcing a relevant provision only if the AER is nominated as the Regulator under subsection (1) and only to the extent provided for under this section.\nThis section is an additional Queensland provision.\ns 23B ins 2014 No. 49 (Qld) s 4 sch s 17\n(sec.23B-ssec.1) A local instrument of this jurisdiction must nominate the entity that is the Regulator for sections 22A and 23A (each a relevant provision ).\n(sec.23B-ssec.2) The Regulator has, for monitoring, investigating or enforcing a relevant provision, the same functions and powers the AER has for monitoring, investigating or enforcing other provisions of this Law.\n(sec.23B-ssec.3) For subsection (2) , this Law applies to monitoring, investigating or enforcing a relevant provision as if a reference in a compliance, investigation or enforcement provision to the AER were a reference to the Regulator.\n(sec.23B-ssec.4) This Law confers functions and powers on the AER for monitoring, investigating or enforcing a relevant provision only if the AER is nominated as the Regulator under subsection (1) and only to the extent provided for under this section. This section is an additional Queensland provision. s 23B ins 2014 No. 49 (Qld) s 4 sch s 17","sortOrder":48},{"sectionNumber":"sec.24","sectionType":"section","heading":"Presentation of standing offer prices","content":"### sec.24 Presentation of standing offer prices\n\nA retailer must—\npresent its standing offer prices (including any variation of those prices) in accordance with the AER Retail Pricing Information Guidelines; and\nwithout limitation, present those prices in accordance with those guidelines when publishing, advertising or notifying the AER of those prices or any variation.\nThe retailer must present its standing offer prices (including any variation of those prices) prominently on its website and in any other relevant material provided by the retailer in accordance with those guidelines.\nSee section 61 for the AER Retail Pricing Information Guidelines.\n(sec.24-ssec.1) A retailer must— present its standing offer prices (including any variation of those prices) in accordance with the AER Retail Pricing Information Guidelines; and without limitation, present those prices in accordance with those guidelines when publishing, advertising or notifying the AER of those prices or any variation.\n(sec.24-ssec.2) The retailer must present its standing offer prices (including any variation of those prices) prominently on its website and in any other relevant material provided by the retailer in accordance with those guidelines.\n- (a) present its standing offer prices (including any variation of those prices) in accordance with the AER Retail Pricing Information Guidelines; and\n- (b) without limitation, present those prices in accordance with those guidelines when publishing, advertising or notifying the AER of those prices or any variation.","sortOrder":49},{"sectionNumber":"sec.25","sectionType":"section","heading":"Adoption of form of standard retail contract","content":"### sec.25 Adoption of form of standard retail contract\n\nA retailer must adopt a form of standard retail contract and publish it on the retailer’s website.\nThis subsection is a civil penalty provision.\nThe Rules may make provision for or with respect to the adoption, form and contents of forms of standard retail contracts, and in particular may provide for the manner of adoption and publication of forms of standard retail contracts by retailers.\nA retailer’s form of standard retail contract—\nmust adopt the relevant model terms and conditions with no alterations, other than permitted alterations or required alterations; and\nif there are any required alterations—must include those required alterations.\nPermitted alterations are—\nalterations specifying details relating to identity and contact details of the retailer; and\nminor alterations that do not change the substantive effect of the model terms and conditions; and\nalterations of a kind specified or referred to in the Rules.\nRequired alterations are—\nalterations that the Rules require to be made to the retailer’s form of standard retail contract in relation to matters relating to specific jurisdictions; and\nalterations of a kind specified or referred to in the Rules.\nIn this section—\nalterations includes omissions and additions.\n(sec.25-ssec.1) A retailer must adopt a form of standard retail contract and publish it on the retailer’s website. This subsection is a civil penalty provision.\n(sec.25-ssec.2) The Rules may make provision for or with respect to the adoption, form and contents of forms of standard retail contracts, and in particular may provide for the manner of adoption and publication of forms of standard retail contracts by retailers.\n(sec.25-ssec.3) A retailer’s form of standard retail contract— must adopt the relevant model terms and conditions with no alterations, other than permitted alterations or required alterations; and if there are any required alterations—must include those required alterations.\n(sec.25-ssec.4) Permitted alterations are— alterations specifying details relating to identity and contact details of the retailer; and minor alterations that do not change the substantive effect of the model terms and conditions; and alterations of a kind specified or referred to in the Rules.\n(sec.25-ssec.5) Required alterations are— alterations that the Rules require to be made to the retailer’s form of standard retail contract in relation to matters relating to specific jurisdictions; and alterations of a kind specified or referred to in the Rules.\n(sec.25-ssec.6) In this section— alterations includes omissions and additions.\n- (a) must adopt the relevant model terms and conditions with no alterations, other than permitted alterations or required alterations; and\n- (b) if there are any required alterations—must include those required alterations.\n- (a) alterations specifying details relating to identity and contact details of the retailer; and\n- (b) minor alterations that do not change the substantive effect of the model terms and conditions; and\n- (c) alterations of a kind specified or referred to in the Rules.\n- (a) alterations that the Rules require to be made to the retailer’s form of standard retail contract in relation to matters relating to specific jurisdictions; and\n- (b) alterations of a kind specified or referred to in the Rules.","sortOrder":50},{"sectionNumber":"sec.26","sectionType":"section","heading":"Formation of standard retail contract","content":"### sec.26 Formation of standard retail contract\n\nA designated retailer’s form of standard retail contract takes effect as a contract between the retailer and a small customer when the customer—\nrequests the provision of customer retail services at premises under the retailer’s standing offer; and\ncomplies with the requirements specified in the Rules as pre-conditions to the formation of standard retail contracts.\nA designated retailer cannot decline to enter into a standard retail contract if the customer makes the request and complies with the requirements referred to in subsection (1) .\n(sec.26-ssec.1) A designated retailer’s form of standard retail contract takes effect as a contract between the retailer and a small customer when the customer— requests the provision of customer retail services at premises under the retailer’s standing offer; and complies with the requirements specified in the Rules as pre-conditions to the formation of standard retail contracts.\n(sec.26-ssec.2) A designated retailer cannot decline to enter into a standard retail contract if the customer makes the request and complies with the requirements referred to in subsection (1) .\n- (a) requests the provision of customer retail services at premises under the retailer’s standing offer; and\n- (b) complies with the requirements specified in the Rules as pre-conditions to the formation of standard retail contracts.","sortOrder":51},{"sectionNumber":"sec.27","sectionType":"section","heading":"Obligation to comply with standard retail contract","content":"### sec.27 Obligation to comply with standard retail contract\n\nA designated retailer must comply with the obligations imposed on the retailer under the terms and conditions of a standard retail contract between the retailer and a small customer.\nThis section is a civil penalty provision.","sortOrder":52},{"sectionNumber":"sec.28","sectionType":"section","heading":"Variation of standard retail contract","content":"### sec.28 Variation of standard retail contract\n\nA retailer may vary the terms and conditions of the retailer’s form of standard retail contract by making permitted alterations.\nA retailer must vary the terms and conditions of the retailer’s form of standard retail contract by making required alterations, and must do so by the date specified in the relevant Rule referred to in section 237 (4) .\nPermitted alterations are—\nalterations specifying details relating to identity and contact details of the retailer; and\nminor alterations that do not change the substantive effect of the model terms and conditions; and\nalterations of a kind specified or referred to in the Rules.\nRequired alterations are—\nalterations that the Rules require to be made to the retailer’s form of standard retail contract in relation to matters relating to specific jurisdictions; and\nalterations to a term or condition that is already adopted by the retailer so as to make the adopted term or condition consistent with the model terms and conditions as currently required by the Rules; and\nalterations of a kind specified or referred to in the Rules.\nA variation of the retailer’s form of standard retail contract takes effect as a variation of an existing standard retail contract between the retailer and a customer on and from the date on which the retailer publishes the variation on the retailer’s website or a later date specified in the published variation.\nIn this section—\nalterations includes omissions and additions.\n(sec.28-ssec.1) A retailer may vary the terms and conditions of the retailer’s form of standard retail contract by making permitted alterations.\n(sec.28-ssec.2) A retailer must vary the terms and conditions of the retailer’s form of standard retail contract by making required alterations, and must do so by the date specified in the relevant Rule referred to in section 237 (4) .\n(sec.28-ssec.3) Permitted alterations are— alterations specifying details relating to identity and contact details of the retailer; and minor alterations that do not change the substantive effect of the model terms and conditions; and alterations of a kind specified or referred to in the Rules.\n(sec.28-ssec.4) Required alterations are— alterations that the Rules require to be made to the retailer’s form of standard retail contract in relation to matters relating to specific jurisdictions; and alterations to a term or condition that is already adopted by the retailer so as to make the adopted term or condition consistent with the model terms and conditions as currently required by the Rules; and alterations of a kind specified or referred to in the Rules.\n(sec.28-ssec.5) A variation of the retailer’s form of standard retail contract takes effect as a variation of an existing standard retail contract between the retailer and a customer on and from the date on which the retailer publishes the variation on the retailer’s website or a later date specified in the published variation.\n(sec.28-ssec.6) In this section— alterations includes omissions and additions.\n- (a) alterations specifying details relating to identity and contact details of the retailer; and\n- (b) minor alterations that do not change the substantive effect of the model terms and conditions; and\n- (c) alterations of a kind specified or referred to in the Rules.\n- (a) alterations that the Rules require to be made to the retailer’s form of standard retail contract in relation to matters relating to specific jurisdictions; and\n- (b) alterations to a term or condition that is already adopted by the retailer so as to make the adopted term or condition consistent with the model terms and conditions as currently required by the Rules; and\n- (c) alterations of a kind specified or referred to in the Rules.","sortOrder":53},{"sectionNumber":"sec.29","sectionType":"section","heading":"Standard retail contract to be consistent with model terms and conditions","content":"### sec.29 Standard retail contract to be consistent with model terms and conditions\n\nThe terms and conditions (whether original or varied) of a standard retail contract have no effect to the extent of any inconsistency with the model terms and conditions as currently in force and any required alterations.\nIf there is such an inconsistency, the model terms and conditions or required alterations (as the case requires) apply instead to the extent of the inconsistency.\n(sec.29-ssec.1) The terms and conditions (whether original or varied) of a standard retail contract have no effect to the extent of any inconsistency with the model terms and conditions as currently in force and any required alterations.\n(sec.29-ssec.2) If there is such an inconsistency, the model terms and conditions or required alterations (as the case requires) apply instead to the extent of the inconsistency.","sortOrder":54},{"sectionNumber":"sec.30","sectionType":"section","heading":"Duration of standard retail contract","content":"### sec.30 Duration of standard retail contract\n\nA standard retail contract between a designated retailer and a small customer for the provision of customer retail services to the premises of the small customer remains in force until the standard retail contract is terminated in accordance with this Law, the Rules or the contract.","sortOrder":55},{"sectionNumber":"sec.31","sectionType":"section","heading":"Satisfaction of designated retailer’s obligation to make standing offer by making market offer to certain small customers","content":"### sec.31 Satisfaction of designated retailer’s obligation to make standing offer by making market offer to certain small customers\n\nA designated retailer may fulfill its obligation to make a standing offer to a small market offer customer (or any class of small market offer customers) by making an offer to provide customer retail services under a market retail contract.\nIf—\nsuch an offer is made to a small market offer customer in accordance with the Rules; and\nthe customer declines to enter into a market retail contract,\nthe designated retailer may, but is not obliged to, make a standing offer to the customer.\nThis section does not apply to a designated retailer who sells electricity.\nThis subsection is an additional Queensland provision.\ns 31 amd 2014 No. 49 (Qld) s 4 sch s 18\n(sec.31-ssec.1) A designated retailer may fulfill its obligation to make a standing offer to a small market offer customer (or any class of small market offer customers) by making an offer to provide customer retail services under a market retail contract.\n(sec.31-ssec.2) If— such an offer is made to a small market offer customer in accordance with the Rules; and the customer declines to enter into a market retail contract, the designated retailer may, but is not obliged to, make a standing offer to the customer.\n(sec.31-ssec.3) This section does not apply to a designated retailer who sells electricity.\n- (a) such an offer is made to a small market offer customer in accordance with the Rules; and\n- (b) the customer declines to enter into a market retail contract,","sortOrder":56},{"sectionNumber":"sec.32","sectionType":"section","heading":"Rules","content":"### sec.32 Rules\n\nWithout limiting the power to make Rules, the Rules may make provision for or with respect to standard retail contracts generally, including but not limited to the following:\nprocedures for small customers requesting the provision of customer retail services in accordance with the standing offer;\ninformation that retailers may require of small customers requesting the provision of customer retail services in accordance with the standing offer;\nthe responsibilities of retailers in responding to requests for the provision of customer retail services in accordance with the standing offer;\nthe conditions to be complied with by small customers in respect of the formation of standard retail contracts.\n- (a) procedures for small customers requesting the provision of customer retail services in accordance with the standing offer;\n- (b) information that retailers may require of small customers requesting the provision of customer retail services in accordance with the standing offer;\n- (c) the responsibilities of retailers in responding to requests for the provision of customer retail services in accordance with the standing offer;\n- (d) the conditions to be complied with by small customers in respect of the formation of standard retail contracts.","sortOrder":57},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Market retail contracts for small customers","content":"## Market retail contracts for small customers","sortOrder":58},{"sectionNumber":"sec.33","sectionType":"section","heading":"Formation of market retail contracts","content":"### sec.33 Formation of market retail contracts\n\nA small customer and a retailer may, subject to and in accordance with this Division and section 147 , negotiate and enter into a market retail contract for the provision of—\ncustomer retail services; and\nany other services,\nas agreed between the small customer and the retailer.\n- (a) customer retail services; and\n- (b) any other services,","sortOrder":59},{"sectionNumber":"sec.34","sectionType":"section","heading":"Minimum requirements for market retail contracts","content":"### sec.34 Minimum requirements for market retail contracts\n\nThe Rules may set out—\nminimum requirements that are to apply in relation to small customers who purchase energy under a market retail contract; and\nminimum requirements that are to apply in relation to the terms and conditions of market retail contracts.\nA retailer must ensure that the terms and conditions of a market retail contract are not inconsistent with the applicable minimum requirements set out in the Rules. However, this subsection does not prevent a higher level of service than those minimum requirements from being provided.\nA market retail contract may contain terms and conditions dealing with other matters, other than terms or conditions that the Rules provide must not be included in the contract.\nA market retail contract must contain additional terms or conditions that the Rules require to be included in the contract in relation to matters relating to specific jurisdictions.\nA retailer who sells energy to a small customer under a market retail contract must comply with the requirements of the Rules referred to in subsection (1) .\n(sec.34-ssec.1) The Rules may set out— minimum requirements that are to apply in relation to small customers who purchase energy under a market retail contract; and minimum requirements that are to apply in relation to the terms and conditions of market retail contracts.\n(sec.34-ssec.2) A retailer must ensure that the terms and conditions of a market retail contract are not inconsistent with the applicable minimum requirements set out in the Rules. However, this subsection does not prevent a higher level of service than those minimum requirements from being provided.\n(sec.34-ssec.3) A market retail contract may contain terms and conditions dealing with other matters, other than terms or conditions that the Rules provide must not be included in the contract.\n(sec.34-ssec.4) A market retail contract must contain additional terms or conditions that the Rules require to be included in the contract in relation to matters relating to specific jurisdictions.\n(sec.34-ssec.5) A retailer who sells energy to a small customer under a market retail contract must comply with the requirements of the Rules referred to in subsection (1) .\n- (a) minimum requirements that are to apply in relation to small customers who purchase energy under a market retail contract; and\n- (b) minimum requirements that are to apply in relation to the terms and conditions of market retail contracts.","sortOrder":60},{"sectionNumber":"sec.35","sectionType":"section","heading":"Variation of market retail contract","content":"### sec.35 Variation of market retail contract\n\nAny variation of the terms and conditions of a market retail contract must not be inconsistent with the requirements of the Rules in relation to the variation of market retail contracts.","sortOrder":61},{"sectionNumber":"sec.36","sectionType":"section","heading":"Market retail contract to be consistent with minimum requirements of the Rules","content":"### sec.36 Market retail contract to be consistent with minimum requirements of the Rules\n\nThe terms and conditions (whether original or varied) of a market retail contract have no effect to the extent of any inconsistency with any relevant minimum requirements of the Rules as currently in force.\nIf there is such an inconsistency, the minimum requirements apply instead to the extent of the inconsistency (unless the terms and conditions provide for a higher level of service to the customer).\n(sec.36-ssec.1) The terms and conditions (whether original or varied) of a market retail contract have no effect to the extent of any inconsistency with any relevant minimum requirements of the Rules as currently in force.\n(sec.36-ssec.2) If there is such an inconsistency, the minimum requirements apply instead to the extent of the inconsistency (unless the terms and conditions provide for a higher level of service to the customer).","sortOrder":62},{"sectionNumber":"sec.37","sectionType":"section","heading":"Presentation of market offer prices","content":"### sec.37 Presentation of market offer prices\n\nA retailer must—\npresent its market offer prices (including any variation of those prices) in accordance with the AER Retail Pricing Information Guidelines; and\nwithout limitation, present those prices in accordance with those guidelines when publishing, advertising or notifying the AER of those prices or any variation.\nThe retailer must present its market offer prices (including any variation of those prices) prominently on its website and in any other relevant material provided by the retailer in accordance with those guidelines.\nSee section 61 for the AER Retail Pricing Information Guidelines.\n(sec.37-ssec.1) A retailer must— present its market offer prices (including any variation of those prices) in accordance with the AER Retail Pricing Information Guidelines; and without limitation, present those prices in accordance with those guidelines when publishing, advertising or notifying the AER of those prices or any variation.\n(sec.37-ssec.2) The retailer must present its market offer prices (including any variation of those prices) prominently on its website and in any other relevant material provided by the retailer in accordance with those guidelines.\n- (a) present its market offer prices (including any variation of those prices) in accordance with the AER Retail Pricing Information Guidelines; and\n- (b) without limitation, present those prices in accordance with those guidelines when publishing, advertising or notifying the AER of those prices or any variation.","sortOrder":63},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Explicit informed consent","content":"## Explicit informed consent","sortOrder":64},{"sectionNumber":"sec.38","sectionType":"section","heading":"Requirement for explicit informed consent for certain transactions","content":"### sec.38 Requirement for explicit informed consent for certain transactions\n\nA retailer must obtain the explicit informed consent of a small customer for the following transactions:\nexcept as provided by sections 103 (7) , 105 (8) and under Part 6 , the transfer of the customer to the retailer from another retailer;\nthe entry by the customer into a market retail contract with the retailer;\nwithout limiting paragraph (b) , the entry by the customer into a prepayment meter market retail contract with the retailer;\nother transactions specified in this Law or the Rules as requiring explicit informed consent.\nSee section 41 for the consequences of not obtaining explicit informed consent as required.\nThis section is a civil penalty provision.\n- (a) except as provided by sections 103 (7) , 105 (8) and under Part 6 , the transfer of the customer to the retailer from another retailer;\n- (b) the entry by the customer into a market retail contract with the retailer;\n- (c) without limiting paragraph (b) , the entry by the customer into a prepayment meter market retail contract with the retailer;\n- (d) other transactions specified in this Law or the Rules as requiring explicit informed consent.\n- 1 See section 41 for the consequences of not obtaining explicit informed consent as required.\n- 2 This section is a civil penalty provision.","sortOrder":65},{"sectionNumber":"sec.39","sectionType":"section","heading":"Nature of explicit informed consent","content":"### sec.39 Nature of explicit informed consent\n\nExplicit informed consent to a transaction is consent given by a small customer to a retailer where—\nthe retailer, or a person acting on behalf of the retailer, has clearly, fully and adequately disclosed all matters relevant to the consent of the customer, including each specific purpose or use of the consent; and\nthe customer gives the consent to the transaction in accordance with subsection (2) ; and\nany requirements prescribed by the Rules for the purposes of this subsection have been complied with.\nExplicit informed consent requires the consent to be given by the small customer—\nin writing signed by the customer; or\nverbally, so long as the verbal consent is evidenced in such a way that it can be verified and made the subject of a record under section 40 ; or\nby electronic communication generated by the customer.\n(sec.39-ssec.1) Explicit informed consent to a transaction is consent given by a small customer to a retailer where— the retailer, or a person acting on behalf of the retailer, has clearly, fully and adequately disclosed all matters relevant to the consent of the customer, including each specific purpose or use of the consent; and the customer gives the consent to the transaction in accordance with subsection (2) ; and any requirements prescribed by the Rules for the purposes of this subsection have been complied with.\n(sec.39-ssec.2) Explicit informed consent requires the consent to be given by the small customer— in writing signed by the customer; or verbally, so long as the verbal consent is evidenced in such a way that it can be verified and made the subject of a record under section 40 ; or by electronic communication generated by the customer.\n- (a) the retailer, or a person acting on behalf of the retailer, has clearly, fully and adequately disclosed all matters relevant to the consent of the customer, including each specific purpose or use of the consent; and\n- (b) the customer gives the consent to the transaction in accordance with subsection (2) ; and\n- (c) any requirements prescribed by the Rules for the purposes of this subsection have been complied with.\n- (a) in writing signed by the customer; or\n- (b) verbally, so long as the verbal consent is evidenced in such a way that it can be verified and made the subject of a record under section 40 ; or\n- (c) by electronic communication generated by the customer.","sortOrder":66},{"sectionNumber":"sec.40","sectionType":"section","heading":"Record of explicit informed consent","content":"### sec.40 Record of explicit informed consent\n\nA retailer must—\ncreate a record of each explicit informed consent required by this Division and provided by a small customer; and\nretain the record for at least 2 years.\nThe record must be in such a format and include such information as will enable—\nthe AER to verify the retailer’s compliance with the relevant requirements of this Part and the Rules relating to explicit informed consent; and\nthe retailer to answer enquiries from a small customer relating to the customer’s explicit informed consent.\nA retailer must, on request by a small customer and at no charge, provide the customer with access to a copy of the record of any explicit informed consent given by the customer and then retained by the retailer.\n(sec.40-ssec.1) A retailer must— create a record of each explicit informed consent required by this Division and provided by a small customer; and retain the record for at least 2 years.\n(sec.40-ssec.2) The record must be in such a format and include such information as will enable— the AER to verify the retailer’s compliance with the relevant requirements of this Part and the Rules relating to explicit informed consent; and the retailer to answer enquiries from a small customer relating to the customer’s explicit informed consent.\n(sec.40-ssec.3) A retailer must, on request by a small customer and at no charge, provide the customer with access to a copy of the record of any explicit informed consent given by the customer and then retained by the retailer.\n- (a) create a record of each explicit informed consent required by this Division and provided by a small customer; and\n- (b) retain the record for at least 2 years.\n- (a) the AER to verify the retailer’s compliance with the relevant requirements of this Part and the Rules relating to explicit informed consent; and\n- (b) the retailer to answer enquiries from a small customer relating to the customer’s explicit informed consent.","sortOrder":67},{"sectionNumber":"sec.41","sectionType":"section","heading":"No or defective explicit informed consent","content":"### sec.41 No or defective explicit informed consent\n\nA transaction referred to in section 38 between a retailer and small customer is void if it is established, in accordance with subsection (2) and any applicable provisions of the Rules, that explicit informed consent as required by this Division was not obtained.\nIt is established that the required explicit informed consent was not obtained if—\nthe customer raises the issue with the retailer either by asserting that the consent was not obtained or by requesting production of a record of the consent; and\nthe issue is so raised within 12 months after the date of the transaction; and\nthe retailer—\nadmits that the consent was not obtained; or\ndoes not produce a satisfactory record of the informed consent as soon as practicable, but within 10 business days, after the issue is so raised.\nSubject to subsections (4) and (5) , the retailer cannot recover any amount for any energy supplied as a result of the void transaction.\nIf the void transaction did not involve the transfer of the customer to the retailer from another retailer, the customer is only liable to pay the retailer any charges that would have been payable for the sale and supply of energy if the void transaction had not occurred.\nIf the void transaction did involve the transfer of the customer to the retailer ( the new retailer ) from another retailer ( the original retailer )—\nthe customer is (subject to paragraph (b) ) liable to pay the original retailer all charges for the sale and supply of energy as if the void transaction had not occurred and the sale and supply had occurred with the original retailer being the customer’s retailer; and\nto the extent that the customer has paid the new retailer charges for the sale and supply of energy as a consequence of the void transaction—\nthe customer is entitled to set off the amount of those payments against any amounts payable under paragraph (a) ; and\nthe new retailer must pay the set off amounts to the original retailer; and\nthe original retailer is entitled to recover those set off amounts from the new retailer in a court of competent jurisdiction; and\nnothing in this section prevents the original retailer from proceeding by action for loss or damage suffered because of the void transaction; and\nthe customer is not liable to the new retailer for any loss or damage arising because the transaction is void or arising from payments the new retailer has to pay the original retailer because the transaction is void.\n(sec.41-ssec.1) A transaction referred to in section 38 between a retailer and small customer is void if it is established, in accordance with subsection (2) and any applicable provisions of the Rules, that explicit informed consent as required by this Division was not obtained.\n(sec.41-ssec.2) It is established that the required explicit informed consent was not obtained if— the customer raises the issue with the retailer either by asserting that the consent was not obtained or by requesting production of a record of the consent; and the issue is so raised within 12 months after the date of the transaction; and the retailer— admits that the consent was not obtained; or does not produce a satisfactory record of the informed consent as soon as practicable, but within 10 business days, after the issue is so raised.\n(sec.41-ssec.3) Subject to subsections (4) and (5) , the retailer cannot recover any amount for any energy supplied as a result of the void transaction.\n(sec.41-ssec.4) If the void transaction did not involve the transfer of the customer to the retailer from another retailer, the customer is only liable to pay the retailer any charges that would have been payable for the sale and supply of energy if the void transaction had not occurred.\n(sec.41-ssec.5) If the void transaction did involve the transfer of the customer to the retailer ( the new retailer ) from another retailer ( the original retailer )— the customer is (subject to paragraph (b) ) liable to pay the original retailer all charges for the sale and supply of energy as if the void transaction had not occurred and the sale and supply had occurred with the original retailer being the customer’s retailer; and to the extent that the customer has paid the new retailer charges for the sale and supply of energy as a consequence of the void transaction— the customer is entitled to set off the amount of those payments against any amounts payable under paragraph (a) ; and the new retailer must pay the set off amounts to the original retailer; and the original retailer is entitled to recover those set off amounts from the new retailer in a court of competent jurisdiction; and nothing in this section prevents the original retailer from proceeding by action for loss or damage suffered because of the void transaction; and the customer is not liable to the new retailer for any loss or damage arising because the transaction is void or arising from payments the new retailer has to pay the original retailer because the transaction is void.\n- (a) the customer raises the issue with the retailer either by asserting that the consent was not obtained or by requesting production of a record of the consent; and\n- (b) the issue is so raised within 12 months after the date of the transaction; and\n- (c) the retailer— (i) admits that the consent was not obtained; or (ii) does not produce a satisfactory record of the informed consent as soon as practicable, but within 10 business days, after the issue is so raised.\n- (i) admits that the consent was not obtained; or\n- (ii) does not produce a satisfactory record of the informed consent as soon as practicable, but within 10 business days, after the issue is so raised.\n- (i) admits that the consent was not obtained; or\n- (ii) does not produce a satisfactory record of the informed consent as soon as practicable, but within 10 business days, after the issue is so raised.\n- (a) the customer is (subject to paragraph (b) ) liable to pay the original retailer all charges for the sale and supply of energy as if the void transaction had not occurred and the sale and supply had occurred with the original retailer being the customer’s retailer; and\n- (b) to the extent that the customer has paid the new retailer charges for the sale and supply of energy as a consequence of the void transaction— (i) the customer is entitled to set off the amount of those payments against any amounts payable under paragraph (a) ; and (ii) the new retailer must pay the set off amounts to the original retailer; and (iii) the original retailer is entitled to recover those set off amounts from the new retailer in a court of competent jurisdiction; and\n- (i) the customer is entitled to set off the amount of those payments against any amounts payable under paragraph (a) ; and\n- (ii) the new retailer must pay the set off amounts to the original retailer; and\n- (iii) the original retailer is entitled to recover those set off amounts from the new retailer in a court of competent jurisdiction; and\n- (c) nothing in this section prevents the original retailer from proceeding by action for loss or damage suffered because of the void transaction; and\n- (d) the customer is not liable to the new retailer for any loss or damage arising because the transaction is void or arising from payments the new retailer has to pay the original retailer because the transaction is void.\n- (i) the customer is entitled to set off the amount of those payments against any amounts payable under paragraph (a) ; and\n- (ii) the new retailer must pay the set off amounts to the original retailer; and\n- (iii) the original retailer is entitled to recover those set off amounts from the new retailer in a court of competent jurisdiction; and","sortOrder":68},{"sectionNumber":"sec.42","sectionType":"section","heading":"Rules","content":"### sec.42 Rules\n\nThe Rules may make provision for or with respect to explicit informed consent in relation to small customers, including but not limited to procedures for establishing that explicit informed consent as required was not obtained and the consequences of not obtaining explicit informed consent as required.","sortOrder":69},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Customer hardship","content":"## Customer hardship","sortOrder":70},{"sectionNumber":"sec.43","sectionType":"section","heading":"Customer hardship policies","content":"### sec.43 Customer hardship policies\n\nThe purpose of a retailer’s customer hardship policy is to identify residential customers experiencing payment difficulties due to hardship and to assist those customers to better manage their energy bills on an ongoing basis.\nA retailer must—\nwithin 3 months of being granted a retailer authorisation—\ndevelop a customer hardship policy in respect of residential customers of the retailer; and\nsubmit it to the AER for approval under this Division; and\npublish the policy, as approved by the AER, on the retailer’s website as soon as practicable after it has been approved; and\nmaintain and implement the policy.\nThis subsection is a civil penalty provision.\nIf, as a result of the exercise of the AER’s functions and powers under section 204 , the AER forms the view that a retailer’s customer hardship policy requires review—\nthe AER may direct the retailer to review the policy and make variations in accordance with any requirements set out by the AER; and\nthe retailer must—\nvary the policy in accordance with the AER’s requirements; and\nsubmit it to the AER for approval under this Division; and\npublish the policy, as approved by the AER, on the retailer’s website as soon as practicable after it has been approved; and\nmaintain and implement the policy.\nSubsection (3) (b) is a civil penalty provision.\nA retailer may vary its customer hardship policy independently of a direction referred to in subsection (3) but only if the variation has been approved by the AER under this Division and the varied policy has been published on the retailer’s website after the AER has approved the variation under this Division.\nA reference in this Division to varying a customer hardship policy extends to replacing a policy with another customer hardship policy.\n(sec.43-ssec.1) The purpose of a retailer’s customer hardship policy is to identify residential customers experiencing payment difficulties due to hardship and to assist those customers to better manage their energy bills on an ongoing basis.\n(sec.43-ssec.2) A retailer must— within 3 months of being granted a retailer authorisation— develop a customer hardship policy in respect of residential customers of the retailer; and submit it to the AER for approval under this Division; and publish the policy, as approved by the AER, on the retailer’s website as soon as practicable after it has been approved; and maintain and implement the policy. This subsection is a civil penalty provision.\n(sec.43-ssec.3) If, as a result of the exercise of the AER’s functions and powers under section 204 , the AER forms the view that a retailer’s customer hardship policy requires review— the AER may direct the retailer to review the policy and make variations in accordance with any requirements set out by the AER; and the retailer must— vary the policy in accordance with the AER’s requirements; and submit it to the AER for approval under this Division; and publish the policy, as approved by the AER, on the retailer’s website as soon as practicable after it has been approved; and maintain and implement the policy. Subsection (3) (b) is a civil penalty provision.\n(sec.43-ssec.4) A retailer may vary its customer hardship policy independently of a direction referred to in subsection (3) but only if the variation has been approved by the AER under this Division and the varied policy has been published on the retailer’s website after the AER has approved the variation under this Division.\n(sec.43-ssec.5) A reference in this Division to varying a customer hardship policy extends to replacing a policy with another customer hardship policy.\n- (a) within 3 months of being granted a retailer authorisation— (i) develop a customer hardship policy in respect of residential customers of the retailer; and (ii) submit it to the AER for approval under this Division; and\n- (i) develop a customer hardship policy in respect of residential customers of the retailer; and\n- (ii) submit it to the AER for approval under this Division; and\n- (b) publish the policy, as approved by the AER, on the retailer’s website as soon as practicable after it has been approved; and\n- (c) maintain and implement the policy.\n- (i) develop a customer hardship policy in respect of residential customers of the retailer; and\n- (ii) submit it to the AER for approval under this Division; and\n- (a) the AER may direct the retailer to review the policy and make variations in accordance with any requirements set out by the AER; and\n- (b) the retailer must— (i) vary the policy in accordance with the AER’s requirements; and (ii) submit it to the AER for approval under this Division; and (iii) publish the policy, as approved by the AER, on the retailer’s website as soon as practicable after it has been approved; and (iv) maintain and implement the policy.\n- (i) vary the policy in accordance with the AER’s requirements; and\n- (ii) submit it to the AER for approval under this Division; and\n- (iii) publish the policy, as approved by the AER, on the retailer’s website as soon as practicable after it has been approved; and\n- (iv) maintain and implement the policy.\n- (i) vary the policy in accordance with the AER’s requirements; and\n- (ii) submit it to the AER for approval under this Division; and\n- (iii) publish the policy, as approved by the AER, on the retailer’s website as soon as practicable after it has been approved; and\n- (iv) maintain and implement the policy.","sortOrder":71},{"sectionNumber":"sec.44","sectionType":"section","heading":"Minimum requirements for customer hardship policy","content":"### sec.44 Minimum requirements for customer hardship policy\n\nThe minimum requirements for a customer hardship policy of a retailer are that it must contain—\nprocesses to identify residential customers experiencing payment difficulties due to hardship, including identification by the retailer and self‐identification by a residential customer; and\nprocesses for the early response by the retailer in the case of residential customers identified as experiencing payment difficulties due to hardship; and\nflexible payment options (including a payment plan and Centrepay) for the payment of energy bills by hardship customers; and\nprocesses to identify appropriate government concession programs and appropriate financial counselling services and to notify hardship customers of those programs and services; and\nan outline of a range of programs that the retailer may use to assist hardship customers; and\nprocesses to review the appropriateness of a hardship customer’s market retail contract in accordance with the purpose of the customer hardship policy; and\nprocesses or programs to assist customers with strategies to improve their energy efficiency, where such processes or programs are required by a local instrument; and\nany variations specified or of a kind specified by the AER; and\nany other matters required by the Rules.\n- (a) processes to identify residential customers experiencing payment difficulties due to hardship, including identification by the retailer and self‐identification by a residential customer; and\n- (b) processes for the early response by the retailer in the case of residential customers identified as experiencing payment difficulties due to hardship; and\n- (c) flexible payment options (including a payment plan and Centrepay) for the payment of energy bills by hardship customers; and\n- (d) processes to identify appropriate government concession programs and appropriate financial counselling services and to notify hardship customers of those programs and services; and\n- (e) an outline of a range of programs that the retailer may use to assist hardship customers; and\n- (f) processes to review the appropriateness of a hardship customer’s market retail contract in accordance with the purpose of the customer hardship policy; and\n- (g) processes or programs to assist customers with strategies to improve their energy efficiency, where such processes or programs are required by a local instrument; and\n- (h) any variations specified or of a kind specified by the AER; and\n- (i) any other matters required by the Rules.","sortOrder":72},{"sectionNumber":"sec.45","sectionType":"section","heading":"Approval of customer hardship policy or variation","content":"### sec.45 Approval of customer hardship policy or variation\n\nThe AER must approve a customer hardship policy (or variation) submitted to the AER for approval if the AER is satisfied that the policy (or the policy as varied)—\ncontains the minimum requirements for a customer hardship policy set out in section 44 ; and\nwill or is likely to contribute to the achievement of the purpose referred to in section 43 (1) .\nIf it is not so satisfied, the AER may—\nindicate to the retailer in what respects it considers the customer hardship policy (or variation) as submitted is deficient and request the retailer to submit another customer hardship policy (or variation); or\napprove the customer hardship policy (or variation) with alterations agreed to by the retailer so that the AER is satisfied as to the matters referred to in subsection (1) (a) and (b) .\nThe AER must, in considering whether to approve a customer hardship policy under subsection (1) , have regard to the following principles:\nthat the supply of energy is an essential service for residential customers;\nthat retailers should assist hardship customers by means of programs and strategies to avoid de-energisation (or disconnection) solely due to an inability to pay energy bills;\nthat de‐energisation (or disconnection) of premises of a hardship customer due to inability to pay energy bills should be a last resort option;\nthat residential customers should have equitable access to hardship policies, and that those policies should be transparent and applied consistently.\n(sec.45-ssec.1) The AER must approve a customer hardship policy (or variation) submitted to the AER for approval if the AER is satisfied that the policy (or the policy as varied)— contains the minimum requirements for a customer hardship policy set out in section 44 ; and will or is likely to contribute to the achievement of the purpose referred to in section 43 (1) .\n(sec.45-ssec.2) If it is not so satisfied, the AER may— indicate to the retailer in what respects it considers the customer hardship policy (or variation) as submitted is deficient and request the retailer to submit another customer hardship policy (or variation); or approve the customer hardship policy (or variation) with alterations agreed to by the retailer so that the AER is satisfied as to the matters referred to in subsection (1) (a) and (b) .\n(sec.45-ssec.3) The AER must, in considering whether to approve a customer hardship policy under subsection (1) , have regard to the following principles: that the supply of energy is an essential service for residential customers; that retailers should assist hardship customers by means of programs and strategies to avoid de-energisation (or disconnection) solely due to an inability to pay energy bills; that de‐energisation (or disconnection) of premises of a hardship customer due to inability to pay energy bills should be a last resort option; that residential customers should have equitable access to hardship policies, and that those policies should be transparent and applied consistently.\n- (a) contains the minimum requirements for a customer hardship policy set out in section 44 ; and\n- (b) will or is likely to contribute to the achievement of the purpose referred to in section 43 (1) .\n- (a) indicate to the retailer in what respects it considers the customer hardship policy (or variation) as submitted is deficient and request the retailer to submit another customer hardship policy (or variation); or\n- (b) approve the customer hardship policy (or variation) with alterations agreed to by the retailer so that the AER is satisfied as to the matters referred to in subsection (1) (a) and (b) .\n- (a) that the supply of energy is an essential service for residential customers;\n- (b) that retailers should assist hardship customers by means of programs and strategies to avoid de-energisation (or disconnection) solely due to an inability to pay energy bills;\n- (c) that de‐energisation (or disconnection) of premises of a hardship customer due to inability to pay energy bills should be a last resort option;\n- (d) that residential customers should have equitable access to hardship policies, and that those policies should be transparent and applied consistently.","sortOrder":73},{"sectionNumber":"sec.46","sectionType":"section","heading":"Obligation of retailer to communicate customer hardship policy","content":"### sec.46 Obligation of retailer to communicate customer hardship policy\n\nA retailer must, in accordance with the Rules, inform a residential customer of the retailer’s customer hardship policy where it appears to the retailer that non-payment of an energy bill is due to the customer experiencing payment difficulties due to hardship.","sortOrder":74},{"sectionNumber":"sec.47","sectionType":"section","heading":"General principle regarding de‐energisation (or disconnection) of premises of hardship customers","content":"### sec.47 General principle regarding de‐energisation (or disconnection) of premises of hardship customers\n\nA retailer must give effect to the general principle that de-energisation (or disconnection) of premises of a hardship customer due to inability to pay energy bills should be a last resort option.","sortOrder":75},{"sectionNumber":"sec.48","sectionType":"section","heading":"Consistency of market retail contract with hardship policy","content":"### sec.48 Consistency of market retail contract with hardship policy\n\nThis section applies if a residential customer who is on a market retail contract is or becomes a hardship customer.\nThe terms and conditions of the market retail contract have no effect to the extent of any inconsistency with the application of the retailer’s customer hardship policy to that customer.\nThe retailer must ensure that the customer may continue to be provided with customer retail services under a customer retail contract in accordance with the Rules.\n(sec.48-ssec.1) This section applies if a residential customer who is on a market retail contract is or becomes a hardship customer.\n(sec.48-ssec.2) The terms and conditions of the market retail contract have no effect to the extent of any inconsistency with the application of the retailer’s customer hardship policy to that customer.\n(sec.48-ssec.3) The retailer must ensure that the customer may continue to be provided with customer retail services under a customer retail contract in accordance with the Rules.","sortOrder":76},{"sectionNumber":"sec.49","sectionType":"section","heading":"Rules","content":"### sec.49 Rules\n\nThe Rules may make provision for or with respect to—\nhardship customers; and\nthe development, submission, approval, publication, maintenance and implementation of customer hardship policies and variations of customer hardship policies.\nThe AEMC must, in addition to section 236 , have regard to the purpose set out in section 43 (1) when making Rules as referred to in subsection (1) (b) .\n(sec.49-ssec.1) The Rules may make provision for or with respect to— hardship customers; and the development, submission, approval, publication, maintenance and implementation of customer hardship policies and variations of customer hardship policies.\n(sec.49-ssec.2) The AEMC must, in addition to section 236 , have regard to the purpose set out in section 43 (1) when making Rules as referred to in subsection (1) (b) .\n- (a) hardship customers; and\n- (b) the development, submission, approval, publication, maintenance and implementation of customer hardship policies and variations of customer hardship policies.","sortOrder":77},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Payment plans","content":"## Payment plans","sortOrder":78},{"sectionNumber":"sec.50","sectionType":"section","heading":"Payment plans","content":"### sec.50 Payment plans\n\nA retailer must offer and apply payment plans for—\nhardship customers; and\nother residential customers experiencing payment difficulties if the customer informs the retailer in writing or by telephone that the customer is experiencing payment difficulties or the retailer otherwise believes the customer is experiencing repeated difficulties in paying the customer’s bill or requires payment assistance.\nThis subsection is a civil penalty provision.\nA retailer must comply with applicable requirements of the Rules relating to payment plans including how they are offered, but need not provide a payment plan in circumstances specified in the Rules.\n(sec.50-ssec.1) A retailer must offer and apply payment plans for— hardship customers; and other residential customers experiencing payment difficulties if the customer informs the retailer in writing or by telephone that the customer is experiencing payment difficulties or the retailer otherwise believes the customer is experiencing repeated difficulties in paying the customer’s bill or requires payment assistance. This subsection is a civil penalty provision.\n(sec.50-ssec.2) A retailer must comply with applicable requirements of the Rules relating to payment plans including how they are offered, but need not provide a payment plan in circumstances specified in the Rules.\n- (a) hardship customers; and\n- (b) other residential customers experiencing payment difficulties if the customer informs the retailer in writing or by telephone that the customer is experiencing payment difficulties or the retailer otherwise believes the customer is experiencing repeated difficulties in paying the customer’s bill or requires payment assistance.","sortOrder":79},{"sectionNumber":"sec.51","sectionType":"section","heading":"Debt recovery","content":"### sec.51 Debt recovery\n\nA retailer must not commence proceedings for the recovery of a debt relating to the sale and supply of energy from a residential customer if—\nthe customer continues to adhere to the terms of a payment plan or other agreed payment arrangement; or\nthe retailer has failed to comply with the requirements of—\nits customer hardship policy in relation to that customer; or\nthis Law and the Rules relating to non-payment of bills, payment plans and assistance to hardship customers or residential customers experiencing payment difficulties.\n- (a) the customer continues to adhere to the terms of a payment plan or other agreed payment arrangement; or\n- (b) the retailer has failed to comply with the requirements of— (i) its customer hardship policy in relation to that customer; or (ii) this Law and the Rules relating to non-payment of bills, payment plans and assistance to hardship customers or residential customers experiencing payment difficulties.\n- (i) its customer hardship policy in relation to that customer; or\n- (ii) this Law and the Rules relating to non-payment of bills, payment plans and assistance to hardship customers or residential customers experiencing payment difficulties.\n- (i) its customer hardship policy in relation to that customer; or\n- (ii) this Law and the Rules relating to non-payment of bills, payment plans and assistance to hardship customers or residential customers experiencing payment difficulties.","sortOrder":80},{"sectionNumber":"sec.52","sectionType":"section","heading":"Rules","content":"### sec.52 Rules\n\nThe Rules may make provision for or with respect to payment plans for small customers.","sortOrder":81},{"sectionNumber":"pt.2-div.8","sectionType":"division","heading":"Energy marketing","content":"## Energy marketing","sortOrder":82},{"sectionNumber":"sec.53","sectionType":"section","heading":"Energy Marketing Rules","content":"### sec.53 Energy Marketing Rules\n\nThe Rules may make provision for or with respect to the carrying out of energy marketing activities. Any such rules are referred to as the Energy Marketing Rules .\nA person who carries out energy marketing activities must comply with the Energy Marketing Rules.\nThis subsection is a civil penalty provision.\nWithout limiting subsection (2) , a failure of a person who is an associate of a retailer or distributor to comply with the Energy Marketing Rules is taken to be a failure of the retailer or distributor (as the case may be) to comply with the Energy Marketing Rules.\n(sec.53-ssec.1) The Rules may make provision for or with respect to the carrying out of energy marketing activities. Any such rules are referred to as the Energy Marketing Rules .\n(sec.53-ssec.2) A person who carries out energy marketing activities must comply with the Energy Marketing Rules. This subsection is a civil penalty provision.\n(sec.53-ssec.3) Without limiting subsection (2) , a failure of a person who is an associate of a retailer or distributor to comply with the Energy Marketing Rules is taken to be a failure of the retailer or distributor (as the case may be) to comply with the Energy Marketing Rules.","sortOrder":83},{"sectionNumber":"pt.2-div.9","sectionType":"division","heading":"Deemed customer retail arrangements","content":"## Deemed customer retail arrangements","sortOrder":84},{"sectionNumber":"sec.54","sectionType":"section","heading":"Deemed customer retail arrangement for new or continuing customer without customer retail contract","content":"### sec.54 Deemed customer retail arrangement for new or continuing customer without customer retail contract\n\nAn arrangement (a deemed customer retail arrangement ) is taken to apply between the financially responsible retailer for energised premises and—\na move-in customer; or\na carry-over customer.\nThe deemed customer retail arrangement comes into operation when—\nin the case of a move‐in customer—the customer starts consuming energy at the premises; or\nin the case of a carry‐over customer—the customer’s previously current retail contract terminates.\nThe deemed customer retail arrangement ceases to be in operation if a customer retail contract is formed in relation to the premises, but this subsection does not affect any rights or obligations that have already accrued under the deemed customer retail arrangement.\nSubsection (1) does not apply where the customer consumes energy at the premises by fraudulent or illegal means.\nIf the customer consumes energy at the premises by fraudulent or illegal means—\nthe customer is nevertheless liable to pay the standing offer prices of the financially responsible retailer for the premises in respect of the energy so consumed; and\nthe financially responsible retailer may estimate and issue a bill for the charges payable and recover those charges in accordance with those standing offer prices as a debt in a court of competent jurisdiction; and\npayment or recovery of any such charges is not a defence to an offence relating to obtaining energy by fraudulent or illegal means.\nA move-in customer or carry‐over customer is required to contact a retailer and take appropriate steps to enter into a customer retail contract as soon as practicable.\n(sec.54-ssec.1) An arrangement (a deemed customer retail arrangement ) is taken to apply between the financially responsible retailer for energised premises and— a move-in customer; or a carry-over customer.\n(sec.54-ssec.2) The deemed customer retail arrangement comes into operation when— in the case of a move‐in customer—the customer starts consuming energy at the premises; or in the case of a carry‐over customer—the customer’s previously current retail contract terminates.\n(sec.54-ssec.3) The deemed customer retail arrangement ceases to be in operation if a customer retail contract is formed in relation to the premises, but this subsection does not affect any rights or obligations that have already accrued under the deemed customer retail arrangement.\n(sec.54-ssec.4) Subsection (1) does not apply where the customer consumes energy at the premises by fraudulent or illegal means.\n(sec.54-ssec.5) If the customer consumes energy at the premises by fraudulent or illegal means— the customer is nevertheless liable to pay the standing offer prices of the financially responsible retailer for the premises in respect of the energy so consumed; and the financially responsible retailer may estimate and issue a bill for the charges payable and recover those charges in accordance with those standing offer prices as a debt in a court of competent jurisdiction; and payment or recovery of any such charges is not a defence to an offence relating to obtaining energy by fraudulent or illegal means.\n(sec.54-ssec.6) A move-in customer or carry‐over customer is required to contact a retailer and take appropriate steps to enter into a customer retail contract as soon as practicable.\n- (a) a move-in customer; or\n- (b) a carry-over customer.\n- (a) in the case of a move‐in customer—the customer starts consuming energy at the premises; or\n- (b) in the case of a carry‐over customer—the customer’s previously current retail contract terminates.\n- (a) the customer is nevertheless liable to pay the standing offer prices of the financially responsible retailer for the premises in respect of the energy so consumed; and\n- (b) the financially responsible retailer may estimate and issue a bill for the charges payable and recover those charges in accordance with those standing offer prices as a debt in a court of competent jurisdiction; and\n- (c) payment or recovery of any such charges is not a defence to an offence relating to obtaining energy by fraudulent or illegal means.","sortOrder":85},{"sectionNumber":"sec.55","sectionType":"section","heading":"Terms and conditions of deemed customer retail arrangements","content":"### sec.55 Terms and conditions of deemed customer retail arrangements\n\nThe terms and conditions of a deemed customer retail arrangement are the terms and conditions of the retailer’s standard retail contract.\nThe prices applicable to a deemed customer retail arrangement are the retailer’s standing offer prices.\nThe Rules may make provision for or with respect to deemed customer retail arrangements, and in particular may supplement or modify the terms and conditions of deemed customer retail arrangements.\n(sec.55-ssec.1) The terms and conditions of a deemed customer retail arrangement are the terms and conditions of the retailer’s standard retail contract.\n(sec.55-ssec.2) The prices applicable to a deemed customer retail arrangement are the retailer’s standing offer prices.\n(sec.55-ssec.3) The Rules may make provision for or with respect to deemed customer retail arrangements, and in particular may supplement or modify the terms and conditions of deemed customer retail arrangements.","sortOrder":86},{"sectionNumber":"pt.2-div.10","sectionType":"division","heading":"Prepayment meter systems","content":"## Prepayment meter systems","sortOrder":87},{"sectionNumber":"sec.56","sectionType":"section","heading":"Use of prepayment meter systems only in jurisdictions where permitted","content":"### sec.56 Use of prepayment meter systems only in jurisdictions where permitted\n\nA person may sell energy using a prepayment meter system only within jurisdictions where its use is permitted under subsection (2) .\nA local instrument of a participating jurisdiction may permit the sale of energy to small customers using a prepayment meter system within that jurisdiction.\n(sec.56-ssec.1) A person may sell energy using a prepayment meter system only within jurisdictions where its use is permitted under subsection (2) .\n(sec.56-ssec.2) A local instrument of a participating jurisdiction may permit the sale of energy to small customers using a prepayment meter system within that jurisdiction.","sortOrder":88},{"sectionNumber":"sec.57","sectionType":"section","heading":"Contractual arrangements for use of prepayment meter systems","content":"### sec.57 Contractual arrangements for use of prepayment meter systems\n\nA retailer may only provide customer retail services to small customers using a prepayment meter system under a market retail contract.\nAccordingly, a retailer must not provide customer retail services to small customers using a prepayment meter system under a standard retail contract.\nThis section is a civil penalty provision.\n(sec.57-ssec.1) A retailer may only provide customer retail services to small customers using a prepayment meter system under a market retail contract.\n(sec.57-ssec.2) Accordingly, a retailer must not provide customer retail services to small customers using a prepayment meter system under a standard retail contract.","sortOrder":89},{"sectionNumber":"sec.58","sectionType":"section","heading":"Use of prepayment meter systems to comply with energy laws","content":"### sec.58 Use of prepayment meter systems to comply with energy laws\n\nA retailer who provides customer retail services to a small customer using a prepayment meter system must comply with the provisions of the energy laws relating to the use of prepayment meter systems.\nWithout limiting subsection (1) , a retailer who provides customer retail services to a small customer using a prepayment meter system must ensure that the prepayment meter market retail contract complies with the requirements for both—\nmarket retail contracts set out in the Rules, except to the extent a contrary intention is expressed in the Rules; and\nprepayment meter market retail contracts set out in the Rules.\n(sec.58-ssec.1) A retailer who provides customer retail services to a small customer using a prepayment meter system must comply with the provisions of the energy laws relating to the use of prepayment meter systems.\n(sec.58-ssec.2) Without limiting subsection (1) , a retailer who provides customer retail services to a small customer using a prepayment meter system must ensure that the prepayment meter market retail contract complies with the requirements for both— market retail contracts set out in the Rules, except to the extent a contrary intention is expressed in the Rules; and prepayment meter market retail contracts set out in the Rules.\n- (a) market retail contracts set out in the Rules, except to the extent a contrary intention is expressed in the Rules; and\n- (b) prepayment meter market retail contracts set out in the Rules.","sortOrder":90},{"sectionNumber":"sec.59","sectionType":"section","heading":"Persons on life support equipment","content":"### sec.59 Persons on life support equipment\n\nA retailer must not enter into a prepayment meter market retail contract with a small customer in relation to premises where one or more persons require life support equipment.\nThis subsection is a civil penalty provision.\nIf a small customer with a prepayment meter market retail contract in relation to premises notifies the retailer that one or more persons at the premises require life support equipment, the retailer must make immediate arrangements for—\nthe removal of the prepayment meter system at no cost to the small customer; and\nthe installation of a standard meter at no cost to the small customer; and\nthe provision of information to the small customer about, and a general description of, the customer retail contracts available to the customer.\nIn this section—\ninstallation of a standard meter to replace a prepayment meter system includes the conversion of the prepayment meter system to a standard operating mode so that the prepayment meter system operates as a standard meter;\nremoval of a prepayment meter system includes rendering the system non‐operational;\nstandard meter , in relation to a particular small customer, means a metering installation of the type that would ordinarily be installed at the premises of the customer.\n(sec.59-ssec.1) A retailer must not enter into a prepayment meter market retail contract with a small customer in relation to premises where one or more persons require life support equipment. This subsection is a civil penalty provision.\n(sec.59-ssec.2) If a small customer with a prepayment meter market retail contract in relation to premises notifies the retailer that one or more persons at the premises require life support equipment, the retailer must make immediate arrangements for— the removal of the prepayment meter system at no cost to the small customer; and the installation of a standard meter at no cost to the small customer; and the provision of information to the small customer about, and a general description of, the customer retail contracts available to the customer.\n(sec.59-ssec.3) In this section— installation of a standard meter to replace a prepayment meter system includes the conversion of the prepayment meter system to a standard operating mode so that the prepayment meter system operates as a standard meter; removal of a prepayment meter system includes rendering the system non‐operational; standard meter , in relation to a particular small customer, means a metering installation of the type that would ordinarily be installed at the premises of the customer.\n- (a) the removal of the prepayment meter system at no cost to the small customer; and\n- (b) the installation of a standard meter at no cost to the small customer; and\n- (c) the provision of information to the small customer about, and a general description of, the customer retail contracts available to the customer.","sortOrder":91},{"sectionNumber":"sec.60","sectionType":"section","heading":"Rules","content":"### sec.60 Rules\n\nThe Rules may make provision for or with respect to the provision of customer retail services involving the use of a prepayment meter system.","sortOrder":92},{"sectionNumber":"pt.2-div.10A","sectionType":"division","heading":"Additional Queensland provisions about selling electricity using card-operated meters","content":"## Additional Queensland provisions about selling electricity using card-operated meters","sortOrder":93},{"sectionNumber":"sec.60A","sectionType":"section","heading":"Model terms and conditions for standard retail contract for selling electricity using card-operated meter","content":"### sec.60A Model terms and conditions for standard retail contract for selling electricity using card-operated meter\n\nA local instrument of this jurisdiction must set out the model terms and conditions that apply to standard retail contracts for selling electricity to a small customer using a card-operated meter.\nSubject to this Division, this Law applies to standard retail contracts for selling electricity to a small customer using a card-operated meter as if a reference in this Law to the model terms and conditions for standard retail contracts were a reference to the model terms and conditions set out in the local instrument.\ns 60A ins 2014 No. 49 (Qld) s 4 sch s 19\n(sec.60A-ssec.1) A local instrument of this jurisdiction must set out the model terms and conditions that apply to standard retail contracts for selling electricity to a small customer using a card-operated meter.\n(sec.60A-ssec.2) Subject to this Division, this Law applies to standard retail contracts for selling electricity to a small customer using a card-operated meter as if a reference in this Law to the model terms and conditions for standard retail contracts were a reference to the model terms and conditions set out in the local instrument.","sortOrder":94},{"sectionNumber":"sec.60B","sectionType":"section","heading":"Adoption of form of standard retail contract (card-operated meters)","content":"### sec.60B Adoption of form of standard retail contract (card-operated meters)\n\nSection 25 (1) requires a retailer to adopt and publish a standard retail contract (card-operated meters) on the retailer’s website if the retailer sells electricity to a small customer using a card-operated meter.\ns 60B ins 2014 No. 49 (Qld) s 4 sch s 19","sortOrder":95},{"sectionNumber":"sec.60C","sectionType":"section","heading":"Contractual arrangements for selling electricity using card-operated meter","content":"### sec.60C Contractual arrangements for selling electricity using card-operated meter\n\nA retailer may sell electricity to a small customer using a card-operated meter only under a standard retail contract (card-operated meters).\nThis subsection is a civil penalty provision.\nHowever, a retailer must obtain the explicit informed consent of a small customer for the entry by the customer into a standard retail contract (card-operated meters) for premises registered under the Rules as having life support equipment.\nSee sections 38 and 41 for the consequences of contravening this subsection.\ns 60C ins 2014 No. 49 (Qld) s 4 sch s 19\n(sec.60C-ssec.1) A retailer may sell electricity to a small customer using a card-operated meter only under a standard retail contract (card-operated meters). This subsection is a civil penalty provision.\n(sec.60C-ssec.2) However, a retailer must obtain the explicit informed consent of a small customer for the entry by the customer into a standard retail contract (card-operated meters) for premises registered under the Rules as having life support equipment. See sections 38 and 41 for the consequences of contravening this subsection.","sortOrder":96},{"sectionNumber":"sec.60D","sectionType":"section","heading":"Premises registered as having life support equipment","content":"### sec.60D Premises registered as having life support equipment\n\nIf a retailer who, with a small customer, has a standard retail contract (card-operated meters) for premises is notified by the customer or a distributor that the premises are registered under the Rules as having life support equipment, the retailer must make immediate arrangements for—\nthe removal of the card-operated meter at no cost to the small customer; and\nthe installation of a standard meter to replace a card-operated meter at no cost to the small customer; and\nthe provision of information to the small customer about, and a general description of, the customer retail contracts available to the customer.\nThis subsection is a civil penalty provision.\nSubsection (1) does not apply if the small customer gives the retailer explicit informed consent for the card-operated meter to continue to be used at the premises.\nSubsection (4) applies to a retailer who, with a small customer, has a standard retail contract (card-operated meters) for premises registered under the Rules as having life support equipment.\nThe retailer must adopt programs and strategies to help the small customer to better manage the customer’s electricity costs to avoid the card-operated meter installed on the premises from preventing the flow of electricity to the premises solely due to financial difficulty.\nThis subsection is a civil penalty provision.\nIn this section—\ninstallation of a standard meter to replace a card-operated meter includes the conversion of the card-operated meter to a standard operating mode so that the card-operated meter operates as a standard meter.\nremoval of a card-operated meter includes rendering the meter non-operational.\nstandard meter , for a particular small customer, means a metering installation of the type that would ordinarily be installed at the premises of the customer, other than a card-operated meter.\ns 60D ins 2014 No. 49 (Qld) s 4 sch s 19\n(sec.60D-ssec.1) If a retailer who, with a small customer, has a standard retail contract (card-operated meters) for premises is notified by the customer or a distributor that the premises are registered under the Rules as having life support equipment, the retailer must make immediate arrangements for— the removal of the card-operated meter at no cost to the small customer; and the installation of a standard meter to replace a card-operated meter at no cost to the small customer; and the provision of information to the small customer about, and a general description of, the customer retail contracts available to the customer. This subsection is a civil penalty provision.\n(sec.60D-ssec.2) Subsection (1) does not apply if the small customer gives the retailer explicit informed consent for the card-operated meter to continue to be used at the premises.\n(sec.60D-ssec.3) Subsection (4) applies to a retailer who, with a small customer, has a standard retail contract (card-operated meters) for premises registered under the Rules as having life support equipment.\n(sec.60D-ssec.4) The retailer must adopt programs and strategies to help the small customer to better manage the customer’s electricity costs to avoid the card-operated meter installed on the premises from preventing the flow of electricity to the premises solely due to financial difficulty. This subsection is a civil penalty provision.\n(sec.60D-ssec.5) In this section— installation of a standard meter to replace a card-operated meter includes the conversion of the card-operated meter to a standard operating mode so that the card-operated meter operates as a standard meter. removal of a card-operated meter includes rendering the meter non-operational. standard meter , for a particular small customer, means a metering installation of the type that would ordinarily be installed at the premises of the customer, other than a card-operated meter.\n- (a) the removal of the card-operated meter at no cost to the small customer; and\n- (b) the installation of a standard meter to replace a card-operated meter at no cost to the small customer; and\n- (c) the provision of information to the small customer about, and a general description of, the customer retail contracts available to the customer. Note— This subsection is a civil penalty provision.","sortOrder":97},{"sectionNumber":"sec.60DA","sectionType":"section","heading":"When standard retail contract (card-operated meters) takes effect","content":"### sec.60DA When standard retail contract (card-operated meters) takes effect\n\nDespite section 26 , a standard retail contract (card-operated meters) between a retailer and a small customer takes effect when the customer starts consuming electricity at the customer’s premises.\ns 60DA ins 2014 No. 49 (Qld) s 4 sch s 19","sortOrder":98},{"sectionNumber":"sec.60E","sectionType":"section","heading":"Monitoring, investigating and enforcing this Division","content":"### sec.60E Monitoring, investigating and enforcing this Division\n\nA local instrument of this jurisdiction must nominate the entity who is the Regulator for this Division.\nThe Regulator has, for monitoring, investigating or enforcing this Division, the same functions and powers the AER has for monitoring, investigating or enforcing other provisions of this Law.\nFor subsection (2) , this Law applies to monitoring, investigating or enforcing this Division as if a reference in a compliance, investigation or enforcement provision to the AER were a reference to the Regulator.\nThis Law confers functions and powers on the AER for monitoring, investigating or enforcing this Division only if the AER is nominated as the Regulator under subsection (1) and only to the extent provided for under this section.\ns 60E ins 2014 No. 49 (Qld) s 4 sch s 19\n(sec.60E-ssec.1) A local instrument of this jurisdiction must nominate the entity who is the Regulator for this Division.\n(sec.60E-ssec.2) The Regulator has, for monitoring, investigating or enforcing this Division, the same functions and powers the AER has for monitoring, investigating or enforcing other provisions of this Law.\n(sec.60E-ssec.3) For subsection (2) , this Law applies to monitoring, investigating or enforcing this Division as if a reference in a compliance, investigation or enforcement provision to the AER were a reference to the Regulator.\n(sec.60E-ssec.4) This Law confers functions and powers on the AER for monitoring, investigating or enforcing this Division only if the AER is nominated as the Regulator under subsection (1) and only to the extent provided for under this section.","sortOrder":99},{"sectionNumber":"pt.2-div.11","sectionType":"division","heading":"AER Retail Pricing Information Guidelines and price comparator","content":"## AER Retail Pricing Information Guidelines and price comparator","sortOrder":100},{"sectionNumber":"sec.61","sectionType":"section","heading":"AER Retail Pricing Information Guidelines for presentation of standing and market offer prices","content":"### sec.61 AER Retail Pricing Information Guidelines for presentation of standing and market offer prices\n\nThe AER may, in accordance with the retail consultation procedure, make and amend guidelines ( AER Retail Pricing Information Guidelines ).\nThe purpose of the AER Retail Pricing Information Guidelines is to provide guidance to retailers in the presentation of standing offer prices and market offer prices, and thereby assist small customers to consider and compare standing offer prices and market offer prices offered by retailers.\nWithout limitation, the AER Retail Pricing Information Guidelines may specify any or all of the following:\nthe manner and form in which details of standing offer prices and market offer prices are to be presented when publishing, advertising or notifying the AER of those prices or any variation;\nthe types of market offers to be provided for the purposes of the price comparator, including without limitation, by reference to areas, classes of small customers or tariff classes;\nany additional matters that the AER considers necessary or convenient to assist customers to consider and compare standing offer prices and market offer prices offered by retailers.\n(sec.61-ssec.1) The AER may, in accordance with the retail consultation procedure, make and amend guidelines ( AER Retail Pricing Information Guidelines ).\n(sec.61-ssec.2) The purpose of the AER Retail Pricing Information Guidelines is to provide guidance to retailers in the presentation of standing offer prices and market offer prices, and thereby assist small customers to consider and compare standing offer prices and market offer prices offered by retailers.\n(sec.61-ssec.3) Without limitation, the AER Retail Pricing Information Guidelines may specify any or all of the following: the manner and form in which details of standing offer prices and market offer prices are to be presented when publishing, advertising or notifying the AER of those prices or any variation; the types of market offers to be provided for the purposes of the price comparator, including without limitation, by reference to areas, classes of small customers or tariff classes; any additional matters that the AER considers necessary or convenient to assist customers to consider and compare standing offer prices and market offer prices offered by retailers.\n- (a) the manner and form in which details of standing offer prices and market offer prices are to be presented when publishing, advertising or notifying the AER of those prices or any variation;\n- (b) the types of market offers to be provided for the purposes of the price comparator, including without limitation, by reference to areas, classes of small customers or tariff classes;\n- (c) any additional matters that the AER considers necessary or convenient to assist customers to consider and compare standing offer prices and market offer prices offered by retailers.","sortOrder":101},{"sectionNumber":"sec.62","sectionType":"section","heading":"Price comparator","content":"### sec.62 Price comparator\n\nThis section applies in relation to this jurisdiction only if and to the extent a local instrument of this jurisdiction declares that this section applies in relation to this jurisdiction.\nThe AER must develop and make available on a website a price comparator.\nThe purpose of a price comparator is to assist a small customer to compare—\nthe standing offer price available to that customer; and\nmarket offer prices that are generally available to classes of small customers in this jurisdiction,\nin accordance with the AER Retail Pricing Information Guidelines.\nA price comparator must make clear to small customers that it only provides a guide.\nA price comparator may, in addition to the information about the price of the standing offers and market offers listed in the comparator, include such other information as the AER considers will achieve the purpose of a price comparator.\nNothing in this Law prevents the AER developing and making available a single price comparator for a jurisdiction that compares prices for the provision of both electricity and gas.\nThe AER must update the price comparator information as soon as practicable after a retailer informs the AER of any variations to the retailer’s standing offer price or relevant market offer price.\nIn the development and updating of a price comparator, the AER must undertake such consultation as it considers appropriate.\nA difference between information made available under a price comparator and a retailer’s standing offer price, market offer prices or any variation to those prices does not affect the operation of that retailer’s prices or variations to those prices.\nFor example, there may be a delay in updating information on the price comparator service.\n(sec.62-ssec.1) This section applies in relation to this jurisdiction only if and to the extent a local instrument of this jurisdiction declares that this section applies in relation to this jurisdiction.\n(sec.62-ssec.2) The AER must develop and make available on a website a price comparator.\n(sec.62-ssec.3) The purpose of a price comparator is to assist a small customer to compare— the standing offer price available to that customer; and market offer prices that are generally available to classes of small customers in this jurisdiction, in accordance with the AER Retail Pricing Information Guidelines.\n(sec.62-ssec.4) A price comparator must make clear to small customers that it only provides a guide.\n(sec.62-ssec.5) A price comparator may, in addition to the information about the price of the standing offers and market offers listed in the comparator, include such other information as the AER considers will achieve the purpose of a price comparator.\n(sec.62-ssec.6) Nothing in this Law prevents the AER developing and making available a single price comparator for a jurisdiction that compares prices for the provision of both electricity and gas.\n(sec.62-ssec.7) The AER must update the price comparator information as soon as practicable after a retailer informs the AER of any variations to the retailer’s standing offer price or relevant market offer price.\n(sec.62-ssec.8) In the development and updating of a price comparator, the AER must undertake such consultation as it considers appropriate.\n(sec.62-ssec.9) A difference between information made available under a price comparator and a retailer’s standing offer price, market offer prices or any variation to those prices does not affect the operation of that retailer’s prices or variations to those prices. For example, there may be a delay in updating information on the price comparator service.\n- (a) the standing offer price available to that customer; and\n- (b) market offer prices that are generally available to classes of small customers in this jurisdiction,","sortOrder":102},{"sectionNumber":"sec.63","sectionType":"section","heading":"AER information gathering powers for pricing guidelines and comparator","content":"### sec.63 AER information gathering powers for pricing guidelines and comparator\n\nA retailer must submit to the AER, in the manner and form (including by the date or dates) required by the AER Retail Pricing Information Guidelines, information and data relating to—\nthe presentation of standing offer prices and market offer prices that are generally available to classes of small customers in a jurisdiction (including any variation of the prices); and\nif and to the extent a local instrument of this jurisdiction so declares—the purposes of a price comparator for this jurisdiction.\nThis section is a civil penalty provision.\nThe AER is subject to Division 3 of Part 8 of this Law and section 44AAF of the Competition and Consumer Act 2010 of the Commonwealth in respect of the disclosure of confidential information it receives.\n- (a) the presentation of standing offer prices and market offer prices that are generally available to classes of small customers in a jurisdiction (including any variation of the prices); and\n- (b) if and to the extent a local instrument of this jurisdiction so declares—the purposes of a price comparator for this jurisdiction.\n- 1 This section is a civil penalty provision.\n- 2 The AER is subject to Division 3 of Part 8 of this Law and section 44AAF of the Competition and Consumer Act 2010 of the Commonwealth in respect of the disclosure of confidential information it receives.","sortOrder":103},{"sectionNumber":"pt.2-div.12","sectionType":"division","heading":"Large customers—responsibility for energy consumed","content":"## Large customers—responsibility for energy consumed","sortOrder":104},{"sectionNumber":"sec.64","sectionType":"section","heading":"Large customer consuming energy at premises","content":"### sec.64 Large customer consuming energy at premises\n\nIf a large customer consumes energy at premises without an appropriate arrangement between the customer and a retailer for payment of charges for the energy—\nthe financially responsible retailer is entitled to charge the customer an amount for the energy at the rate the retailer considers would have been charged had such an appropriate arrangement been in place; and\nthat amount, to the extent it is not paid to the retailer, is a debt owing by the customer to the retailer and may be recovered in a court of competent jurisdiction.\n- (a) the financially responsible retailer is entitled to charge the customer an amount for the energy at the rate the retailer considers would have been charged had such an appropriate arrangement been in place; and\n- (b) that amount, to the extent it is not paid to the retailer, is a debt owing by the customer to the retailer and may be recovered in a court of competent jurisdiction.","sortOrder":105},{"sectionNumber":"pt.2-div.12A","sectionType":"division","heading":"Additional Queensland provisions about large customers","content":"## Additional Queensland provisions about large customers","sortOrder":106},{"sectionNumber":"sec.64A","sectionType":"section","heading":"Restriction on selling gas to particular large customers","content":"### sec.64A Restriction on selling gas to particular large customers\n\nA retailer must not sell gas to an excluded large customer unless the sale is authorised or required under—\nthe RoLR scheme under Part 6 ; or\nan insufficiency of supply declaration, or an insufficiency of supply direction, under the Gas Supply Act 2003 of Queensland.\nThis subsection is a civil penalty provision.\nHowever, Division 12 applies to a retailer selling gas to an excluded large customer in the retailer’s capacity as the financially responsible retailer for premises.\nIn this section—\nexcluded large customer means a large customer who is an excluded customer under section 16 (4) of the Gas Supply Act 2003 of Queensland.\ns 64A ins 2014 No. 49 (Qld) s 4 sch s 20\n(sec.64A-ssec.1) A retailer must not sell gas to an excluded large customer unless the sale is authorised or required under— the RoLR scheme under Part 6 ; or an insufficiency of supply declaration, or an insufficiency of supply direction, under the Gas Supply Act 2003 of Queensland. This subsection is a civil penalty provision.\n(sec.64A-ssec.2) However, Division 12 applies to a retailer selling gas to an excluded large customer in the retailer’s capacity as the financially responsible retailer for premises.\n(sec.64A-ssec.3) In this section— excluded large customer means a large customer who is an excluded customer under section 16 (4) of the Gas Supply Act 2003 of Queensland.\n- (a) the RoLR scheme under Part 6 ; or\n- (b) an insufficiency of supply declaration, or an insufficiency of supply direction, under the Gas Supply Act 2003 of Queensland. Note— This subsection is a civil penalty provision.","sortOrder":107},{"sectionNumber":"sec.64B","sectionType":"section","heading":"Definition","content":"### sec.64B Definition\n\nIn this Subdivision—\nnotified prices , for an assigned retailer, means the notified prices applying to the retailer under section 90 (4) of the Electricity Act 1994 of Queensland.\ns 64B ins 2014 No. 49 (Qld) s 4 sch s 20","sortOrder":108},{"sectionNumber":"sec.64C","sectionType":"section","heading":"Declaration of assigned retailer","content":"### sec.64C Declaration of assigned retailer\n\nA local instrument of this jurisdiction may declare a retailer to be an assigned retailer for this Subdivision if the retailer is a government owned corporation.\ns 64C ins 2014 No. 49 (Qld) s 4 sch s 20","sortOrder":109},{"sectionNumber":"sec.64D","sectionType":"section","heading":"Assigned retailer to make offer to large customers","content":"### sec.64D Assigned retailer to make offer to large customers\n\nThis section applies if, for a large customer’s premises, an assigned retailer is—\nif there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or\nif there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises.\nThe assigned retailer must make an offer (a standing offer ) to the large customer to provide customer retail services to the premises—\nat the notified prices; and\nunder the retailer’s large customer standard retail contract.\nThis subsection is a civil penalty provision.\nA local instrument of this jurisdiction may prescribe the manner and form in which a standing offer is to be made.\nWithout limiting the power to make a local instrument under subsection (3) relating to the manner and form in which a standing offer is to be made, the assigned retailer must publish the terms and conditions of the standing offer on its website.\nThis subsection is a civil penalty provision.\nThis section does not apply to an assigned retailer providing customer retail services to a large customer in the circumstances prescribed under a local instrument of this jurisdiction.\ns 64D ins 2014 No. 49 (Qld) s 4 sch s 20\n(sec.64D-ssec.1) This section applies if, for a large customer’s premises, an assigned retailer is— if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or if there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises.\n(sec.64D-ssec.2) The assigned retailer must make an offer (a standing offer ) to the large customer to provide customer retail services to the premises— at the notified prices; and under the retailer’s large customer standard retail contract. This subsection is a civil penalty provision.\n(sec.64D-ssec.3) A local instrument of this jurisdiction may prescribe the manner and form in which a standing offer is to be made.\n(sec.64D-ssec.4) Without limiting the power to make a local instrument under subsection (3) relating to the manner and form in which a standing offer is to be made, the assigned retailer must publish the terms and conditions of the standing offer on its website. This subsection is a civil penalty provision.\n(sec.64D-ssec.5) This section does not apply to an assigned retailer providing customer retail services to a large customer in the circumstances prescribed under a local instrument of this jurisdiction.\n- (a) if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or\n- (b) if there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises.\n- (a) at the notified prices; and\n- (b) under the retailer’s large customer standard retail contract.","sortOrder":110},{"sectionNumber":"sec.64E","sectionType":"section","heading":"Assigned retailer’s large customer standard retail contract","content":"### sec.64E Assigned retailer’s large customer standard retail contract\n\nThe terms and conditions of the assigned retailer’s large customer standard retail contract are the terms and conditions decided by the retailer as amended by it from time to time.\nHowever, the terms and conditions of the large customer standard retail contract must provide for the provision of the services on a fair and reasonable basis and at the notified prices.\nServices under the large customer standard retail contract are taken to be provided on a fair and reasonable basis if the terms and conditions of the contract are consistent with the assigned retailer’s form of standard retail contract for providing customer retail services to small customers adopted under section 25 or varied under section 28 .\nThe terms and conditions of the large customer standard retail contract may be different for stated types of large customers and be contained in a different document for any of the types of large customers.\nThe assigned retailer must publish its large customer standard retail contract on its website.\nThis subsection is a civil penalty provision.\ns 64E ins 2014 No. 49 (Qld) s 4 sch s 20\n(sec.64E-ssec.1) The terms and conditions of the assigned retailer’s large customer standard retail contract are the terms and conditions decided by the retailer as amended by it from time to time.\n(sec.64E-ssec.2) However, the terms and conditions of the large customer standard retail contract must provide for the provision of the services on a fair and reasonable basis and at the notified prices.\n(sec.64E-ssec.3) Services under the large customer standard retail contract are taken to be provided on a fair and reasonable basis if the terms and conditions of the contract are consistent with the assigned retailer’s form of standard retail contract for providing customer retail services to small customers adopted under section 25 or varied under section 28 .\n(sec.64E-ssec.4) The terms and conditions of the large customer standard retail contract may be different for stated types of large customers and be contained in a different document for any of the types of large customers.\n(sec.64E-ssec.5) The assigned retailer must publish its large customer standard retail contract on its website. This subsection is a civil penalty provision.","sortOrder":111},{"sectionNumber":"sec.64F","sectionType":"section","heading":"Formation of assigned retailer’s large customer standard retail contract","content":"### sec.64F Formation of assigned retailer’s large customer standard retail contract\n\nAn assigned retailer’s large customer standard retail contract takes effect as a contract between the retailer and a large customer when the customer—\nasks the retailer to provide customer retail services at premises under the retailer’s standing offer under section 64D ; and\ncomplies with the requirements specified in the Rules as pre-conditions to the formation of standard retail contracts applied to the retailer’s large customer standard retail contract or as otherwise prescribed under a local instrument of this jurisdiction.\nThe assigned retailer can not decline to enter into the large customer standard retail contract if the customer makes the request and complies with the requirements referred to in subsection (1) .\ns 64F ins 2014 No. 49 (Qld) s 4 sch s 20\n(sec.64F-ssec.1) An assigned retailer’s large customer standard retail contract takes effect as a contract between the retailer and a large customer when the customer— asks the retailer to provide customer retail services at premises under the retailer’s standing offer under section 64D ; and complies with the requirements specified in the Rules as pre-conditions to the formation of standard retail contracts applied to the retailer’s large customer standard retail contract or as otherwise prescribed under a local instrument of this jurisdiction.\n(sec.64F-ssec.2) The assigned retailer can not decline to enter into the large customer standard retail contract if the customer makes the request and complies with the requirements referred to in subsection (1) .\n- (a) asks the retailer to provide customer retail services at premises under the retailer’s standing offer under section 64D ; and\n- (b) complies with the requirements specified in the Rules as pre-conditions to the formation of standard retail contracts applied to the retailer’s large customer standard retail contract or as otherwise prescribed under a local instrument of this jurisdiction.","sortOrder":112},{"sectionNumber":"sec.64G","sectionType":"section","heading":"Obligation to comply with assigned retailer’s large customer standard retail contract","content":"### sec.64G Obligation to comply with assigned retailer’s large customer standard retail contract\n\nAn assigned retailer must comply with its obligations under the terms and conditions of its large customer standard retail contract between it and a large customer.\ns 64G ins 2014 No. 49 (Qld) s 4 sch s 20","sortOrder":113},{"sectionNumber":"sec.64H","sectionType":"section","heading":"Duration of assigned retailer’s large customer standard retail contract","content":"### sec.64H Duration of assigned retailer’s large customer standard retail contract\n\nAn assigned retailer’s large customer standard retail contract between the retailer and a large customer for the provision of customer retail services to the premises of the large customer remains in force until the contract is terminated in accordance with this Law, a local instrument of this jurisdiction or the contract.\ns 64H ins 2014 No. 49 (Qld) s 4 sch s 20","sortOrder":114},{"sectionNumber":"sec.64I","sectionType":"section","heading":"Deemed large customer retail arrangement for new or continuing customer without assigned retailer’s large customer standard retail contract","content":"### sec.64I Deemed large customer retail arrangement for new or continuing customer without assigned retailer’s large customer standard retail contract\n\nThis section applies to energised premises for which an assigned retailer is the financially responsible retailer.\nAn arrangement (a deemed large customer retail arrangement ) is taken to apply between the assigned retailer and a move-in large customer.\nThe deemed large customer retail arrangement comes into operation when the move-in large customer starts consuming energy at the premises.\nThe deemed large customer retail arrangement ceases to be in operation if—\nthe assigned retailer’s large customer standard retail contract is formed for the premises; or\nthe move-in large customer enters into a contract or other arrangement for the sale of electricity to the premises with an entity other than the assigned retailer.\nSubsection (2) does not apply if the customer consumes energy at the premises by fraudulent or illegal means.\nSubsection (4) does not affect any rights or obligations that have already accrued under the deemed large customer retail arrangement.\nIf the customer consumes energy at the premises by fraudulent or illegal means—\nthe customer is nevertheless liable to pay the assigned retailer’s notified prices for the premises in respect of the energy so consumed; and\nthe assigned retailer may estimate and issue a bill for the charges payable and recover those charges in accordance with those notified prices as a debt in a court of competent jurisdiction; and\npayment or recovery of any such charges is not a defence to an offence relating to obtaining energy by fraudulent or illegal means.\nA move-in large customer is required to contact the assigned retailer and take appropriate steps to enter into the retailer’s large customer standard retail contract as soon as practicable.\nIn this section—\nmove-in large customer means a large customer who starts consuming energy at the premises without first applying to the assigned retailer for the provision of customer retail services.\ns 64I ins 2014 No. 49 (Qld) s 4 sch s 20\n(sec.64I-ssec.1) This section applies to energised premises for which an assigned retailer is the financially responsible retailer.\n(sec.64I-ssec.2) An arrangement (a deemed large customer retail arrangement ) is taken to apply between the assigned retailer and a move-in large customer.\n(sec.64I-ssec.3) The deemed large customer retail arrangement comes into operation when the move-in large customer starts consuming energy at the premises.\n(sec.64I-ssec.4) The deemed large customer retail arrangement ceases to be in operation if— the assigned retailer’s large customer standard retail contract is formed for the premises; or the move-in large customer enters into a contract or other arrangement for the sale of electricity to the premises with an entity other than the assigned retailer.\n(sec.64I-ssec.5) Subsection (2) does not apply if the customer consumes energy at the premises by fraudulent or illegal means.\n(sec.64I-ssec.6) Subsection (4) does not affect any rights or obligations that have already accrued under the deemed large customer retail arrangement.\n(sec.64I-ssec.7) If the customer consumes energy at the premises by fraudulent or illegal means— the customer is nevertheless liable to pay the assigned retailer’s notified prices for the premises in respect of the energy so consumed; and the assigned retailer may estimate and issue a bill for the charges payable and recover those charges in accordance with those notified prices as a debt in a court of competent jurisdiction; and payment or recovery of any such charges is not a defence to an offence relating to obtaining energy by fraudulent or illegal means.\n(sec.64I-ssec.8) A move-in large customer is required to contact the assigned retailer and take appropriate steps to enter into the retailer’s large customer standard retail contract as soon as practicable.\n(sec.64I-ssec.9) In this section— move-in large customer means a large customer who starts consuming energy at the premises without first applying to the assigned retailer for the provision of customer retail services.\n- (a) the assigned retailer’s large customer standard retail contract is formed for the premises; or\n- (b) the move-in large customer enters into a contract or other arrangement for the sale of electricity to the premises with an entity other than the assigned retailer.\n- (a) the customer is nevertheless liable to pay the assigned retailer’s notified prices for the premises in respect of the energy so consumed; and\n- (b) the assigned retailer may estimate and issue a bill for the charges payable and recover those charges in accordance with those notified prices as a debt in a court of competent jurisdiction; and\n- (c) payment or recovery of any such charges is not a defence to an offence relating to obtaining energy by fraudulent or illegal means.","sortOrder":115},{"sectionNumber":"sec.64J","sectionType":"section","heading":"Terms and conditions of deemed large customer retail arrangements","content":"### sec.64J Terms and conditions of deemed large customer retail arrangements\n\nThe terms and conditions of a deemed large customer retail arrangement under section 64I are the terms and conditions of the assigned retailer’s large customer standard retail contract.\nThe prices applicable to a deemed large customer retail arrangement are the assigned retailer’s notified prices.\nA local instrument of this jurisdiction may make provision for or with respect to deemed large customer retail arrangements, and in particular may supplement or modify the terms and conditions of deemed large customer retail arrangements.\ns 64J ins 2014 No. 49 (Qld) s 4 sch s 20\n(sec.64J-ssec.1) The terms and conditions of a deemed large customer retail arrangement under section 64I are the terms and conditions of the assigned retailer’s large customer standard retail contract.\n(sec.64J-ssec.2) The prices applicable to a deemed large customer retail arrangement are the assigned retailer’s notified prices.\n(sec.64J-ssec.3) A local instrument of this jurisdiction may make provision for or with respect to deemed large customer retail arrangements, and in particular may supplement or modify the terms and conditions of deemed large customer retail arrangements.","sortOrder":116},{"sectionNumber":"sec.64K","sectionType":"section","heading":"Application of Rules to assigned retailer’s large customers","content":"### sec.64K Application of Rules to assigned retailer’s large customers\n\nA local instrument of this jurisdiction may apply, with or without modification, specified provisions of the Rules relating to the provision of customer retail services to small customers to the provision of customer retail services by the assigned retailer to large customers.\ns 64K ins 2014 No. 49 (Qld) s 4 sch s 20","sortOrder":117},{"sectionNumber":"sec.64L","sectionType":"section","heading":"Definitions","content":"### sec.64L Definitions\n\nIn this Subdivision—\nnotified prices means the notified prices applying to Origin Energy under section 90 (4) of the Electricity Act 1994 of Queensland.\nspecial approval no. SA02/11 means the special approval under the Electricity Act 1994 of Queensland that was held by Origin Energy and in effect from 1 March 2011 to the commencement of this section.\ns 64L ins 2014 No. 49 (Qld) s 4 sch s 20","sortOrder":118},{"sectionNumber":"sec.64M","sectionType":"section","heading":"Origin Energy to make offer to particular large customers","content":"### sec.64M Origin Energy to make offer to particular large customers\n\nThis section applies if—\nfor a large customer’s premises, Origin Energy is—\nif there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or\nif there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises; and\nfor paragraph (a) (ii) , no alternative arrangements for the provision of customer retail services to the premises have been entered into by the large customer, or any former customer for the premises, from 1 March 2011; and\nthe premises are located in the area described in special approval no. SA01/11.\nThe holder of special approval no. SA01/11 is Essential Energy ABN 37 428 185 226.\nOrigin Energy must make an offer (a standing offer ) to the large customer to provide customer retail services to the premises—\nat the notified prices; and\nunder Origin Energy’s large customer standard retail contract.\nThis subsection is a civil penalty provision.\nOrigin Energy must publish the terms and conditions of the standing offer on its website.\nThis subsection is a civil penalty provision.\nIn this section—\nalternative arrangements , for the provision of customer retail services, means arrangements for the provision of the customer retail services other than under—\na large customer retail contract with Origin Energy; or\na standard retail contract with Origin Energy; or\nspecial approval no. SA02/11.\ns 64M ins 2014 No. 49 (Qld) s 4 sch s 20\n(sec.64M-ssec.1) This section applies if— for a large customer’s premises, Origin Energy is— if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or if there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises; and for paragraph (a) (ii) , no alternative arrangements for the provision of customer retail services to the premises have been entered into by the large customer, or any former customer for the premises, from 1 March 2011; and the premises are located in the area described in special approval no. SA01/11. The holder of special approval no. SA01/11 is Essential Energy ABN 37 428 185 226.\n(sec.64M-ssec.2) Origin Energy must make an offer (a standing offer ) to the large customer to provide customer retail services to the premises— at the notified prices; and under Origin Energy’s large customer standard retail contract. This subsection is a civil penalty provision.\n(sec.64M-ssec.3) Origin Energy must publish the terms and conditions of the standing offer on its website. This subsection is a civil penalty provision.\n(sec.64M-ssec.4) In this section— alternative arrangements , for the provision of customer retail services, means arrangements for the provision of the customer retail services other than under— a large customer retail contract with Origin Energy; or a standard retail contract with Origin Energy; or special approval no. SA02/11.\n- (a) for a large customer’s premises, Origin Energy is— (i) if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or (ii) if there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises; and\n- (i) if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or\n- (ii) if there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises; and\n- (b) for paragraph (a) (ii) , no alternative arrangements for the provision of customer retail services to the premises have been entered into by the large customer, or any former customer for the premises, from 1 March 2011; and\n- (c) the premises are located in the area described in special approval no. SA01/11. Note— The holder of special approval no. SA01/11 is Essential Energy ABN 37 428 185 226.\n- (i) if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3) ); or\n- (ii) if there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises; and\n- (a) at the notified prices; and\n- (b) under Origin Energy’s large customer standard retail contract.\n- (a) a large customer retail contract with Origin Energy; or\n- (b) a standard retail contract with Origin Energy; or\n- (c) special approval no. SA02/11.","sortOrder":119},{"sectionNumber":"sec.64N","sectionType":"section","heading":"Origin Energy’s large customer standard retail contract","content":"### sec.64N Origin Energy’s large customer standard retail contract\n\nThe terms and conditions of Origin Energy’s large customer standard retail contract are the terms and conditions decided by Origin Energy as amended by it from time to time.\nHowever, the terms and conditions of the large customer standard retail contract must provide for the provision of the services on a fair and reasonable basis and at the notified prices.\nServices under the large customer standard retail contract are taken to be provided on a fair and reasonable basis if the terms and conditions of the contract are consistent with Origin Energy’s form of standard retail contract for providing customer retail services to small customers adopted under section 25 or varied under section 28 .\nThe terms and conditions of the large customer standard retail contract may be different for stated types of large customers and be contained in a different document for any of the types of large customers.\nOrigin Energy must publish its large customer standard retail contract on its website.\nThis subsection is a civil penalty provision.\ns 64N ins 2014 No. 49 (Qld) s 4 sch s 20\n(sec.64N-ssec.1) The terms and conditions of Origin Energy’s large customer standard retail contract are the terms and conditions decided by Origin Energy as amended by it from time to time.\n(sec.64N-ssec.2) However, the terms and conditions of the large customer standard retail contract must provide for the provision of the services on a fair and reasonable basis and at the notified prices.\n(sec.64N-ssec.3) Services under the large customer standard retail contract are taken to be provided on a fair and reasonable basis if the terms and conditions of the contract are consistent with Origin Energy’s form of standard retail contract for providing customer retail services to small customers adopted under section 25 or varied under section 28 .\n(sec.64N-ssec.4) The terms and conditions of the large customer standard retail contract may be different for stated types of large customers and be contained in a different document for any of the types of large customers.\n(sec.64N-ssec.5) Origin Energy must publish its large customer standard retail contract on its website. This subsection is a civil penalty provision.","sortOrder":120},{"sectionNumber":"sec.64O","sectionType":"section","heading":"Formation of Origin Energy’s large customer standard retail contract","content":"### sec.64O Formation of Origin Energy’s large customer standard retail contract\n\nOrigin Energy’s large customer standard retail contract takes effect as a contract between the retailer and a large customer when the customer—\nasks Origin Energy to provide customer retail services at premises under Origin Energy’s standing offer under section 64M ; and\ncomplies with the requirements specified in the Rules as pre-conditions to the formation of standard retail contracts applied to Origin Energy’s large customer standard retail contract or as otherwise prescribed under a local instrument of this jurisdiction.\nOrigin Energy can not decline to enter into the large customer standard retail contract if the customer makes the request and complies with the requirements referred to in subsection (1) .\ns 64O ins 2014 No. 49 (Qld) s 4 sch s 20\n(sec.64O-ssec.1) Origin Energy’s large customer standard retail contract takes effect as a contract between the retailer and a large customer when the customer— asks Origin Energy to provide customer retail services at premises under Origin Energy’s standing offer under section 64M ; and complies with the requirements specified in the Rules as pre-conditions to the formation of standard retail contracts applied to Origin Energy’s large customer standard retail contract or as otherwise prescribed under a local instrument of this jurisdiction.\n(sec.64O-ssec.2) Origin Energy can not decline to enter into the large customer standard retail contract if the customer makes the request and complies with the requirements referred to in subsection (1) .\n- (a) asks Origin Energy to provide customer retail services at premises under Origin Energy’s standing offer under section 64M ; and\n- (b) complies with the requirements specified in the Rules as pre-conditions to the formation of standard retail contracts applied to Origin Energy’s large customer standard retail contract or as otherwise prescribed under a local instrument of this jurisdiction.","sortOrder":121},{"sectionNumber":"sec.64P","sectionType":"section","heading":"Obligation to comply with Origin Energy’s large customer standard retail contract","content":"### sec.64P Obligation to comply with Origin Energy’s large customer standard retail contract\n\nOrigin Energy must comply with its obligations under the terms and conditions of its large customer standard retail contract between it and a large customer.\ns 64P ins 2014 No. 49 (Qld) s 4 sch s 20","sortOrder":122},{"sectionNumber":"sec.64Q","sectionType":"section","heading":"Duration of Origin Energy’s large customer standard retail contract","content":"### sec.64Q Duration of Origin Energy’s large customer standard retail contract\n\nOrigin Energy’s large customer standard retail contract between Origin Energy and a large customer for the provision of customer retail services to the premises of the large customer remains in force until the contract is terminated in accordance with this Law, a local instrument of this jurisdiction or the contract.\ns 64Q ins 2014 No. 49 (Qld) s 4 sch s 20","sortOrder":123},{"sectionNumber":"sec.64R","sectionType":"section","heading":"Obligation to provide customer retail services to particular large customers","content":"### sec.64R Obligation to provide customer retail services to particular large customers\n\nThis section applies if—\na large customer for premises applies to the financially responsible retailer for the premises for the provision of customer retail services to the premises; and\nthe supply of electricity to the premises has been disconnected; and\neither—\nbefore the disconnection, the premises were supplied electricity on a distribution system of Ergon Energy Distribution; or\nthe premises are located in the area described in special approval no. SA01/11.\nThe holder of special approval no. SA01/11 is Essential Energy ABN 37 428 185 226.\nThe financially responsible retailer must provide the customer retail services applied for.\ns 64R ins 2014 No. 49 (Qld) s 4 sch s 20\n(sec.64R-ssec.1) This section applies if— a large customer for premises applies to the financially responsible retailer for the premises for the provision of customer retail services to the premises; and the supply of electricity to the premises has been disconnected; and either— before the disconnection, the premises were supplied electricity on a distribution system of Ergon Energy Distribution; or the premises are located in the area described in special approval no. SA01/11. The holder of special approval no. SA01/11 is Essential Energy ABN 37 428 185 226.\n(sec.64R-ssec.2) The financially responsible retailer must provide the customer retail services applied for. s 64R ins 2014 No. 49 (Qld) s 4 sch s 20\n- (a) a large customer for premises applies to the financially responsible retailer for the premises for the provision of customer retail services to the premises; and\n- (b) the supply of electricity to the premises has been disconnected; and\n- (c) either— (i) before the disconnection, the premises were supplied electricity on a distribution system of Ergon Energy Distribution; or (ii) the premises are located in the area described in special approval no. SA01/11. Note— The holder of special approval no. SA01/11 is Essential Energy ABN 37 428 185 226.\n- (i) before the disconnection, the premises were supplied electricity on a distribution system of Ergon Energy Distribution; or\n- (ii) the premises are located in the area described in special approval no. SA01/11. Note— The holder of special approval no. SA01/11 is Essential Energy ABN 37 428 185 226.\n- (i) before the disconnection, the premises were supplied electricity on a distribution system of Ergon Energy Distribution; or\n- (ii) the premises are located in the area described in special approval no. SA01/11. Note— The holder of special approval no. SA01/11 is Essential Energy ABN 37 428 185 226.","sortOrder":124},{"sectionNumber":"sec.64S","sectionType":"section","heading":"Monitoring, investigating and enforcing this Division","content":"### sec.64S Monitoring, investigating and enforcing this Division\n\nA local instrument of this jurisdiction must nominate the entity who is the Regulator for this Division.\nThe Regulator has, for monitoring, investigating or enforcing this Division, the same functions and powers the AER has for monitoring, investigating or enforcing other provisions of this Law.\nFor subsection (2) , this Law applies to monitoring, investigating or enforcing this Division as if a reference in a compliance, investigation or enforcement provision to the AER were a reference to the Regulator.\nThis Law confers functions and powers on the AER for monitoring, investigating or enforcing this Division only if the AER is nominated as the Regulator under subsection (1) and only to the extent provided for under this section.\ns 64S ins 2014 No. 49 (Qld) s 4 sch s 20\n(sec.64S-ssec.1) A local instrument of this jurisdiction must nominate the entity who is the Regulator for this Division.\n(sec.64S-ssec.2) The Regulator has, for monitoring, investigating or enforcing this Division, the same functions and powers the AER has for monitoring, investigating or enforcing other provisions of this Law.\n(sec.64S-ssec.3) For subsection (2) , this Law applies to monitoring, investigating or enforcing this Division as if a reference in a compliance, investigation or enforcement provision to the AER were a reference to the Regulator.\n(sec.64S-ssec.4) This Law confers functions and powers on the AER for monitoring, investigating or enforcing this Division only if the AER is nominated as the Regulator under subsection (1) and only to the extent provided for under this section.","sortOrder":125},{"sectionNumber":"pt.3","sectionType":"part","heading":"Relationship between distributors and customers","content":"# Relationship between distributors and customers","sortOrder":126},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":127},{"sectionNumber":"sec.65","sectionType":"section","heading":"Application of this Part","content":"### sec.65 Application of this Part\n\nThis Part applies to the relationship between distributors and customers.\nThe term “customer” covers both small customers and large customers.","sortOrder":128},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Obligation to provide customer connection services","content":"## Obligation to provide customer connection services","sortOrder":129},{"sectionNumber":"sec.66","sectionType":"section","heading":"Obligation to provide customer connection services","content":"### sec.66 Obligation to provide customer connection services\n\nA distributor must, subject to and in accordance with the energy laws, provide customer connection services for the premises of a customer—\nwho requests those services; and\nwhose premises are connected, or who is seeking to have those premises connected, to the distributor’s distribution system.\nThe Rules may provide that a retailer may arrange customer connection services.\nThe customer connection services must be provided to a customer in accordance with the relevant customer connection contract.\nThis section is a civil penalty provision.\n(sec.66-ssec.1) A distributor must, subject to and in accordance with the energy laws, provide customer connection services for the premises of a customer— who requests those services; and whose premises are connected, or who is seeking to have those premises connected, to the distributor’s distribution system. The Rules may provide that a retailer may arrange customer connection services.\n(sec.66-ssec.2) The customer connection services must be provided to a customer in accordance with the relevant customer connection contract. This section is a civil penalty provision.\n- (a) who requests those services; and\n- (b) whose premises are connected, or who is seeking to have those premises connected, to the distributor’s distribution system.","sortOrder":130},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Customer connection contracts generally","content":"## Customer connection contracts generally","sortOrder":131},{"sectionNumber":"sec.67","sectionType":"section","heading":"Kinds of customer connection contracts","content":"### sec.67 Kinds of customer connection contracts\n\nThere are 3 kinds of customer connection contracts, as follows:\ndeemed standard connection contracts, which are for—\nsmall customers; and\nlarge customers for whom there is no applicable deemed AER approved standard connection contract;\ndeemed AER approved standard connection contracts, which are for large customers;\nnegotiated connection contracts, which are for small and large customers.\nWhere a new connection or connection alteration is required, the connection contract requirements are contained—\nfor electricity—in Chapter 5A of the NER; or\nfor gas—in Part 12A of the NGR.\n- (a) deemed standard connection contracts, which are for— (i) small customers; and (ii) large customers for whom there is no applicable deemed AER approved standard connection contract;\n- (i) small customers; and\n- (ii) large customers for whom there is no applicable deemed AER approved standard connection contract;\n- (b) deemed AER approved standard connection contracts, which are for large customers;\n- (c) negotiated connection contracts, which are for small and large customers.\n- (i) small customers; and\n- (ii) large customers for whom there is no applicable deemed AER approved standard connection contract;\n- (a) for electricity—in Chapter 5A of the NER; or\n- (b) for gas—in Part 12A of the NGR.","sortOrder":132},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Deemed standard connection contracts","content":"## Deemed standard connection contracts","sortOrder":133},{"sectionNumber":"sec.68","sectionType":"section","heading":"Model terms and conditions","content":"### sec.68 Model terms and conditions\n\nThe Rules must set out model terms and conditions for deemed standard connection contracts (referred to in this Division as the model terms and conditions ).","sortOrder":134},{"sectionNumber":"sec.69","sectionType":"section","heading":"Adoption of form of deemed standard connection contract","content":"### sec.69 Adoption of form of deemed standard connection contract\n\nA distributor must adopt a form of deemed standard connection contract and publish it on the distributor’s website.\nThis subsection is a civil penalty provision.\nThe Rules may make provision for or with respect to the adoption, form and contents of forms of deemed standard connection contracts, and in particular may provide for the manner of adoption and publication of forms of deemed standard connection contracts by distributors.\nA distributor’s form of deemed standard connection contract—\nmust adopt the relevant model terms and conditions with no alterations, other than permitted alterations or required alterations; and\nif there are any required alterations—must include those required alterations.\nPermitted alterations are—\nalterations specifying details relating to identity and contact details of the distributor; and\nminor alterations that do not change the substantive effect of the model terms and conditions; and\nalterations of a kind specified or referred to in the Rules.\nRequired alterations are—\nalterations that the Rules require to be made to the distributor’s form of deemed standard connection contract in relation to matters relating to specific jurisdictions; and\nalterations to a term or condition that is already adopted by the distributor so as to make the adopted term or condition consistent with the model terms or conditions as currently required by the Rules; and\nalterations of a kind specified or referred to in the Rules.\nIn this section—\nalterations includes omissions and additions.\n(sec.69-ssec.1) A distributor must adopt a form of deemed standard connection contract and publish it on the distributor’s website. This subsection is a civil penalty provision.\n(sec.69-ssec.2) The Rules may make provision for or with respect to the adoption, form and contents of forms of deemed standard connection contracts, and in particular may provide for the manner of adoption and publication of forms of deemed standard connection contracts by distributors.\n(sec.69-ssec.3) A distributor’s form of deemed standard connection contract— must adopt the relevant model terms and conditions with no alterations, other than permitted alterations or required alterations; and if there are any required alterations—must include those required alterations.\n(sec.69-ssec.4) Permitted alterations are— alterations specifying details relating to identity and contact details of the distributor; and minor alterations that do not change the substantive effect of the model terms and conditions; and alterations of a kind specified or referred to in the Rules.\n(sec.69-ssec.5) Required alterations are— alterations that the Rules require to be made to the distributor’s form of deemed standard connection contract in relation to matters relating to specific jurisdictions; and alterations to a term or condition that is already adopted by the distributor so as to make the adopted term or condition consistent with the model terms or conditions as currently required by the Rules; and alterations of a kind specified or referred to in the Rules.\n(sec.69-ssec.6) In this section— alterations includes omissions and additions.\n- (a) must adopt the relevant model terms and conditions with no alterations, other than permitted alterations or required alterations; and\n- (b) if there are any required alterations—must include those required alterations.\n- (a) alterations specifying details relating to identity and contact details of the distributor; and\n- (b) minor alterations that do not change the substantive effect of the model terms and conditions; and\n- (c) alterations of a kind specified or referred to in the Rules.\n- (a) alterations that the Rules require to be made to the distributor’s form of deemed standard connection contract in relation to matters relating to specific jurisdictions; and\n- (b) alterations to a term or condition that is already adopted by the distributor so as to make the adopted term or condition consistent with the model terms or conditions as currently required by the Rules; and\n- (c) alterations of a kind specified or referred to in the Rules.","sortOrder":135},{"sectionNumber":"sec.70","sectionType":"section","heading":"Formation of deemed standard connection contract","content":"### sec.70 Formation of deemed standard connection contract\n\nA contract in the form of a distributor’s deemed standard connection contract under section 69 is taken to be entered into, by the distributor and a customer, as set out in this section.\nIn the case of a new connection or a connection alteration, a distributor’s form of deemed standard connection contract (including any additional terms and conditions relating to the new connection or connection alteration) takes effect as a contract between the distributor and the customer on acceptance by the customer of the distributor’s connection offer in accordance with the requirements under—\nin the case of electricity— Chapter 5A of the NER; or\nin the case of gas— Part 12A of the NGR.\nIn the case of an existing connection that is not the subject of a connection alteration, a distributor’s form of deemed standard connection contract takes effect as a contract between the distributor and the customer when—\nin the case of an existing connection at premises that are not energised—the customer’s premises become re‐energised (or reconnected); or\nin the case of an existing connection at premises that are energised—the customer commences to take supply of energy at those premises.\nIn the case of an existing connection where—\na customer has been reclassified as a small customer for particular premises; and\na deemed AER approved standard connection contract applied in relation to the customer and the same premises immediately before the reclassification,\nthe deemed AER approved standard connection contract terminates and the distributor’s form of deemed standard connection contract takes effect between the customer and the distributor when the customer receives notice of the reclassification.\nSubsections (2) , (3) and (4) do not apply if a negotiated connection contract already exists between the distributor and the customer in relation to the premises concerned.\nSubsections (2) and (3) do not apply if the customer is a large customer and there is a deemed AER approved standard connection contract between the distributor and the customer in relation to the premises concerned.\n(sec.70-ssec.1) A contract in the form of a distributor’s deemed standard connection contract under section 69 is taken to be entered into, by the distributor and a customer, as set out in this section.\n(sec.70-ssec.2) In the case of a new connection or a connection alteration, a distributor’s form of deemed standard connection contract (including any additional terms and conditions relating to the new connection or connection alteration) takes effect as a contract between the distributor and the customer on acceptance by the customer of the distributor’s connection offer in accordance with the requirements under— in the case of electricity— Chapter 5A of the NER; or in the case of gas— Part 12A of the NGR.\n(sec.70-ssec.3) In the case of an existing connection that is not the subject of a connection alteration, a distributor’s form of deemed standard connection contract takes effect as a contract between the distributor and the customer when— in the case of an existing connection at premises that are not energised—the customer’s premises become re‐energised (or reconnected); or in the case of an existing connection at premises that are energised—the customer commences to take supply of energy at those premises.\n(sec.70-ssec.4) In the case of an existing connection where— a customer has been reclassified as a small customer for particular premises; and a deemed AER approved standard connection contract applied in relation to the customer and the same premises immediately before the reclassification, the deemed AER approved standard connection contract terminates and the distributor’s form of deemed standard connection contract takes effect between the customer and the distributor when the customer receives notice of the reclassification.\n(sec.70-ssec.5) Subsections (2) , (3) and (4) do not apply if a negotiated connection contract already exists between the distributor and the customer in relation to the premises concerned.\n(sec.70-ssec.6) Subsections (2) and (3) do not apply if the customer is a large customer and there is a deemed AER approved standard connection contract between the distributor and the customer in relation to the premises concerned.\n- (a) in the case of electricity— Chapter 5A of the NER; or\n- (b) in the case of gas— Part 12A of the NGR.\n- (a) in the case of an existing connection at premises that are not energised—the customer’s premises become re‐energised (or reconnected); or\n- (b) in the case of an existing connection at premises that are energised—the customer commences to take supply of energy at those premises.\n- (a) a customer has been reclassified as a small customer for particular premises; and\n- (b) a deemed AER approved standard connection contract applied in relation to the customer and the same premises immediately before the reclassification,","sortOrder":136},{"sectionNumber":"sec.71","sectionType":"section","heading":"Obligations to comply with deemed standard connection contract and to bill retailer","content":"### sec.71 Obligations to comply with deemed standard connection contract and to bill retailer\n\nA distributor must comply with the obligations imposed on the distributor under the terms and conditions of a deemed standard connection contract between the distributor and a customer.\nThis subsection is a civil penalty provision.\nExcept in relation to a new connection or a connection alteration, a distributor must not bill a small customer on a deemed standard connection contract, but must render a statement of charges to the customer’s retailer in accordance with the energy laws.\n(sec.71-ssec.1) A distributor must comply with the obligations imposed on the distributor under the terms and conditions of a deemed standard connection contract between the distributor and a customer. This subsection is a civil penalty provision.\n(sec.71-ssec.2) Except in relation to a new connection or a connection alteration, a distributor must not bill a small customer on a deemed standard connection contract, but must render a statement of charges to the customer’s retailer in accordance with the energy laws.","sortOrder":137},{"sectionNumber":"sec.72","sectionType":"section","heading":"Variation of deemed standard connection contract","content":"### sec.72 Variation of deemed standard connection contract\n\nA distributor may vary the terms and conditions of the distributor’s form of deemed standard connection contract by making permitted alterations.\nA distributor must vary the terms and conditions of the distributor’s form of deemed standard connection contract by making required alterations, and must do so by the date specified in the relevant Rule referred to in section 237 (4) .\nPermitted alterations are—\nalterations specifying details relating to identity and contact details of the distributor; and\nminor alterations that do not change the substantive effect of the model terms and conditions; and\nalterations of a kind specified or referred to in the Rules.\nRequired alterations are—\nalterations that the Rules require to be made to the distributor’s form of deemed standard connection contract in relation to matters relating to specific jurisdictions; and\nalterations to a term or condition that is already adopted by the distributor so as to make the adopted term or condition consistent with the model terms or conditions as currently required by the Rules; and\nalterations of a kind specified or referred to in the Rules.\nA variation of the distributor’s form of deemed standard connection contract takes effect as a variation of an existing standard connection contract between the distributor and a customer on and from the date on which the distributor publishes the variation on the distributor’s website.\nIn this section—\nalterations includes omissions and additions.\n(sec.72-ssec.1) A distributor may vary the terms and conditions of the distributor’s form of deemed standard connection contract by making permitted alterations.\n(sec.72-ssec.2) A distributor must vary the terms and conditions of the distributor’s form of deemed standard connection contract by making required alterations, and must do so by the date specified in the relevant Rule referred to in section 237 (4) .\n(sec.72-ssec.3) Permitted alterations are— alterations specifying details relating to identity and contact details of the distributor; and minor alterations that do not change the substantive effect of the model terms and conditions; and alterations of a kind specified or referred to in the Rules.\n(sec.72-ssec.4) Required alterations are— alterations that the Rules require to be made to the distributor’s form of deemed standard connection contract in relation to matters relating to specific jurisdictions; and alterations to a term or condition that is already adopted by the distributor so as to make the adopted term or condition consistent with the model terms or conditions as currently required by the Rules; and alterations of a kind specified or referred to in the Rules.\n(sec.72-ssec.5) A variation of the distributor’s form of deemed standard connection contract takes effect as a variation of an existing standard connection contract between the distributor and a customer on and from the date on which the distributor publishes the variation on the distributor’s website.\n(sec.72-ssec.6) In this section— alterations includes omissions and additions.\n- (a) alterations specifying details relating to identity and contact details of the distributor; and\n- (b) minor alterations that do not change the substantive effect of the model terms and conditions; and\n- (c) alterations of a kind specified or referred to in the Rules.\n- (a) alterations that the Rules require to be made to the distributor’s form of deemed standard connection contract in relation to matters relating to specific jurisdictions; and\n- (b) alterations to a term or condition that is already adopted by the distributor so as to make the adopted term or condition consistent with the model terms or conditions as currently required by the Rules; and\n- (c) alterations of a kind specified or referred to in the Rules.","sortOrder":138},{"sectionNumber":"sec.73","sectionType":"section","heading":"Deemed standard connection contract to be consistent with model terms and conditions","content":"### sec.73 Deemed standard connection contract to be consistent with model terms and conditions\n\nThe terms and conditions (whether original or varied) of a deemed standard connection contract have no effect to the extent of any inconsistency with the model terms and conditions as currently in force or any required alterations.\nIf there is such an inconsistency, the model terms and conditions or required alterations (as the case requires) apply instead to the extent of the inconsistency.\n(sec.73-ssec.1) The terms and conditions (whether original or varied) of a deemed standard connection contract have no effect to the extent of any inconsistency with the model terms and conditions as currently in force or any required alterations.\n(sec.73-ssec.2) If there is such an inconsistency, the model terms and conditions or required alterations (as the case requires) apply instead to the extent of the inconsistency.","sortOrder":139},{"sectionNumber":"sec.74","sectionType":"section","heading":"Duration of deemed standard connection contract","content":"### sec.74 Duration of deemed standard connection contract\n\nA deemed standard connection contract between a distributor and a customer remains in force until—\na deemed AER approved standard connection contract or a negotiated connection contract in respect of the premises comes into force; or\nthe deemed standard connection contract is terminated in accordance with the terms and conditions of the contract.\n- (a) a deemed AER approved standard connection contract or a negotiated connection contract in respect of the premises comes into force; or\n- (b) the deemed standard connection contract is terminated in accordance with the terms and conditions of the contract.","sortOrder":140},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Deemed AER approved standard connection contracts","content":"## Deemed AER approved standard connection contracts","sortOrder":141},{"sectionNumber":"sec.75","sectionType":"section","heading":"Submission and approval of form of standard connection contracts for large customers","content":"### sec.75 Submission and approval of form of standard connection contracts for large customers\n\nA distributor may prepare and submit to the AER for approval one or more proposed forms of standard connection contracts applicable to one or more classes of large customers.\nThe AER must determine to approve a proposed form of standard connection contract submitted to it if it is satisfied that the terms and conditions of the contract are fair and reasonable and comply with any applicable requirements of the energy laws.\nThe AER may determine not to approve a proposed form of standard connection contract submitted to it if it is not so satisfied, but must inform the distributor of the reasons for its dissatisfaction and may indicate the kinds of changes that should be made before the contract is resubmitted to it.\nOn approval, the proposed form of standard connection contract becomes the deemed AER approved standard connection contract for the relevant class of large customers of the distributor for the purposes of this Law.\nThe AER must deal expeditiously with a proposed form of standard connection contract submitted to it.\nA deemed AER approved standard connection contract must be published on the distributor’s website and is not operative until so published.\nWithout limitation, all large customers may constitute a class of large customers.\n(sec.75-ssec.1) A distributor may prepare and submit to the AER for approval one or more proposed forms of standard connection contracts applicable to one or more classes of large customers.\n(sec.75-ssec.2) The AER must determine to approve a proposed form of standard connection contract submitted to it if it is satisfied that the terms and conditions of the contract are fair and reasonable and comply with any applicable requirements of the energy laws.\n(sec.75-ssec.3) The AER may determine not to approve a proposed form of standard connection contract submitted to it if it is not so satisfied, but must inform the distributor of the reasons for its dissatisfaction and may indicate the kinds of changes that should be made before the contract is resubmitted to it.\n(sec.75-ssec.4) On approval, the proposed form of standard connection contract becomes the deemed AER approved standard connection contract for the relevant class of large customers of the distributor for the purposes of this Law.\n(sec.75-ssec.5) The AER must deal expeditiously with a proposed form of standard connection contract submitted to it.\n(sec.75-ssec.6) A deemed AER approved standard connection contract must be published on the distributor’s website and is not operative until so published.\n(sec.75-ssec.7) Without limitation, all large customers may constitute a class of large customers.","sortOrder":142},{"sectionNumber":"sec.76","sectionType":"section","heading":"Formation of deemed AER approved standard connection contract","content":"### sec.76 Formation of deemed AER approved standard connection contract\n\nA customer connection contract in the form of a distributor’s deemed AER approved standard connection contract under section 75 is taken to be entered into, by the distributor and a large customer of a class to which the approved form applies, as set out in this section.\nIn the case of a new connection or a connection alteration, a contract in the form of a distributor’s deemed AER approved standard connection contract takes effect as a contract between the distributor and a large customer of a class to which the approved form applies, on acceptance by the customer of the distributor’s connection offer in accordance with the requirements under—\nin the case of electricity— Chapter 5A of the NER; or\nin the case of gas— Part 12A of the NGR.\nIn the case of an existing connection that is not the subject of a connection alteration, a distributor’s form of deemed AER approved standard connection contract takes effect as a contract between the distributor and a large customer when—\nin the case of an existing connection at premises that are not energised—the customer’s premises become re‐energised (or reconnected); or\nin the case of an existing connection at premises that are energised—the customer commences to take supply of energy at those premises.\nIn the case of an existing connection where—\na customer has been reclassified as a large customer for particular premises; and\na deemed standard connection contract applied in relation to the customer and the same premises immediately before the reclassification,\nthe deemed AER approved standard connection contract for that class of large customer takes effect between the customer and the distributor when the customer receives notice of the reclassification.\nIn the case of an existing connection where—\na deemed standard connection contract applies in relation to a large customer and particular premises; and\na deemed AER approved standard connection contract for the relevant class of large customers of the distributor is approved and published under section 75 ,\nthe deemed AER approved standard connection contract takes effect between the customer and the distributor when the customer receives notice of the contract.\nSubsections (1) —(4a) do not apply if a negotiated customer connection contract already exists between the distributor and the large customer in relation to the premises concerned.\nNotice of the formation of the deemed AER approved standard connection contract must be given to the large customer.\ns 76 amd 2012 No. 16 (SA) s 5\n(sec.76-ssec.1) A customer connection contract in the form of a distributor’s deemed AER approved standard connection contract under section 75 is taken to be entered into, by the distributor and a large customer of a class to which the approved form applies, as set out in this section.\n(sec.76-ssec.2) In the case of a new connection or a connection alteration, a contract in the form of a distributor’s deemed AER approved standard connection contract takes effect as a contract between the distributor and a large customer of a class to which the approved form applies, on acceptance by the customer of the distributor’s connection offer in accordance with the requirements under— in the case of electricity— Chapter 5A of the NER; or in the case of gas— Part 12A of the NGR.\n(sec.76-ssec.3) In the case of an existing connection that is not the subject of a connection alteration, a distributor’s form of deemed AER approved standard connection contract takes effect as a contract between the distributor and a large customer when— in the case of an existing connection at premises that are not energised—the customer’s premises become re‐energised (or reconnected); or in the case of an existing connection at premises that are energised—the customer commences to take supply of energy at those premises.\n(sec.76-ssec.4) In the case of an existing connection where— a customer has been reclassified as a large customer for particular premises; and a deemed standard connection contract applied in relation to the customer and the same premises immediately before the reclassification, the deemed AER approved standard connection contract for that class of large customer takes effect between the customer and the distributor when the customer receives notice of the reclassification.\n(sec.76-ssec.4a) In the case of an existing connection where— a deemed standard connection contract applies in relation to a large customer and particular premises; and a deemed AER approved standard connection contract for the relevant class of large customers of the distributor is approved and published under section 75 , the deemed AER approved standard connection contract takes effect between the customer and the distributor when the customer receives notice of the contract.\n(sec.76-ssec.5) Subsections (1) —(4a) do not apply if a negotiated customer connection contract already exists between the distributor and the large customer in relation to the premises concerned.\n(sec.76-ssec.6) Notice of the formation of the deemed AER approved standard connection contract must be given to the large customer.\n- (a) in the case of electricity— Chapter 5A of the NER; or\n- (b) in the case of gas— Part 12A of the NGR.\n- (a) in the case of an existing connection at premises that are not energised—the customer’s premises become re‐energised (or reconnected); or\n- (b) in the case of an existing connection at premises that are energised—the customer commences to take supply of energy at those premises.\n- (a) a customer has been reclassified as a large customer for particular premises; and\n- (b) a deemed standard connection contract applied in relation to the customer and the same premises immediately before the reclassification,\n- (a) a deemed standard connection contract applies in relation to a large customer and particular premises; and\n- (b) a deemed AER approved standard connection contract for the relevant class of large customers of the distributor is approved and published under section 75 ,","sortOrder":143},{"sectionNumber":"sec.77","sectionType":"section","heading":"Amendment and replacement of form of deemed AER approved standard connection contract","content":"### sec.77 Amendment and replacement of form of deemed AER approved standard connection contract\n\nA deemed AER approved standard connection contract may be replaced by another deemed AER approved standard connection contract.\nA deemed AER approved standard connection contract may be amended from time to time and the provisions of this Division apply to any such amendment and associated matters in the same way, with any necessary modifications, as they apply to the preparation, submission and approval of a deemed AER approved standard connection contract and associated matters.\nNotice of a replacement or amended deemed AER approved standard connection contract must be given to each affected large customer.\nA replacement or amended deemed AER approved standard connection contract takes effect for a large customer when the customer is given notice under subsection (3) .\n(sec.77-ssec.1) A deemed AER approved standard connection contract may be replaced by another deemed AER approved standard connection contract.\n(sec.77-ssec.2) A deemed AER approved standard connection contract may be amended from time to time and the provisions of this Division apply to any such amendment and associated matters in the same way, with any necessary modifications, as they apply to the preparation, submission and approval of a deemed AER approved standard connection contract and associated matters.\n(sec.77-ssec.3) Notice of a replacement or amended deemed AER approved standard connection contract must be given to each affected large customer.\n(sec.77-ssec.4) A replacement or amended deemed AER approved standard connection contract takes effect for a large customer when the customer is given notice under subsection (3) .","sortOrder":144},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Negotiated connection contracts","content":"## Negotiated connection contracts","sortOrder":145},{"sectionNumber":"sec.78","sectionType":"section","heading":"Negotiated connection contracts","content":"### sec.78 Negotiated connection contracts\n\nThis section applies where a distributor and a small customer negotiate and enter into a customer connection contract (a negotiated connection contract ) in accordance with the relevant requirements of—\nin the case of electricity— Chapter 5A of the NER; or\nin the case of gas— Part 12A of the NGR,\nincluding the requirements of the relevant negotiating framework.\nThe distributor must provide—\ninformation relating to the small customer’s right to have a deemed standard connection contract under Division 4 ; and\nan explanation of—\nthe differences between the terms and conditions of the proposed negotiated connection contract and the terms and conditions of a deemed standard connection contract; and\nthe implications of those differences.\nA negotiated connection contract operates to the exclusion of provisions of a deemed standard connection contract dealing with the same matters.\nA retail customer may negotiate customer connection services for electricity (under Chapter 5A of the NER) and for gas (under Part 12A of the NGR).\n(sec.78-ssec.1) This section applies where a distributor and a small customer negotiate and enter into a customer connection contract (a negotiated connection contract ) in accordance with the relevant requirements of— in the case of electricity— Chapter 5A of the NER; or in the case of gas— Part 12A of the NGR, including the requirements of the relevant negotiating framework.\n(sec.78-ssec.2) The distributor must provide— information relating to the small customer’s right to have a deemed standard connection contract under Division 4 ; and an explanation of— the differences between the terms and conditions of the proposed negotiated connection contract and the terms and conditions of a deemed standard connection contract; and the implications of those differences.\n(sec.78-ssec.3) A negotiated connection contract operates to the exclusion of provisions of a deemed standard connection contract dealing with the same matters. A retail customer may negotiate customer connection services for electricity (under Chapter 5A of the NER) and for gas (under Part 12A of the NGR).\n- (a) in the case of electricity— Chapter 5A of the NER; or\n- (b) in the case of gas— Part 12A of the NGR,\n- (a) information relating to the small customer’s right to have a deemed standard connection contract under Division 4 ; and\n- (b) an explanation of— (i) the differences between the terms and conditions of the proposed negotiated connection contract and the terms and conditions of a deemed standard connection contract; and (ii) the implications of those differences.\n- (i) the differences between the terms and conditions of the proposed negotiated connection contract and the terms and conditions of a deemed standard connection contract; and\n- (ii) the implications of those differences.\n- (i) the differences between the terms and conditions of the proposed negotiated connection contract and the terms and conditions of a deemed standard connection contract; and\n- (ii) the implications of those differences.","sortOrder":146},{"sectionNumber":"pt.3-div.6A","sectionType":"division","heading":"Additional Queensland provisions about providing customer connection services for card-operated meter premises","content":"## Additional Queensland provisions about providing customer connection services for card-operated meter premises","sortOrder":147},{"sectionNumber":"sec.78A","sectionType":"section","heading":"Model terms and conditions for deemed standard connection contract for card-operated meter premises","content":"### sec.78A Model terms and conditions for deemed standard connection contract for card-operated meter premises\n\nA local instrument of this jurisdiction must set out the model terms and conditions that apply to a deemed standard connection contract for providing customer connection services for card-operated meter premises.\nSubject to this Division, this Law applies to deemed standard connection contracts for providing customer connection services for card-operated meter premises as if a reference in this Law to the model terms and conditions for deemed standard connection contracts were a reference to the model terms and conditions set out in the local instrument.\ns 78A ins 2014 No. 49 (Qld) s 4 sch s 21\n(sec.78A-ssec.1) A local instrument of this jurisdiction must set out the model terms and conditions that apply to a deemed standard connection contract for providing customer connection services for card-operated meter premises.\n(sec.78A-ssec.2) Subject to this Division, this Law applies to deemed standard connection contracts for providing customer connection services for card-operated meter premises as if a reference in this Law to the model terms and conditions for deemed standard connection contracts were a reference to the model terms and conditions set out in the local instrument.","sortOrder":148},{"sectionNumber":"sec.78B","sectionType":"section","heading":"Contractual arrangements for card-operated meter premises","content":"### sec.78B Contractual arrangements for card-operated meter premises\n\nA distributor may provide customer connection services for card-operated meter premises only under a deemed standard connection contract (card-operated meters).\nThis subsection is a civil penalty provision.\nIn this section—\ndeemed standard connection contract (card-operated meters) means a deemed standard connection contract consistent with the model terms and conditions applying to deemed standard connection contracts for card-operated meter premises.\ns 78B ins 2014 No. 49 (Qld) s 4 sch s 21\n(sec.78B-ssec.1) A distributor may provide customer connection services for card-operated meter premises only under a deemed standard connection contract (card-operated meters). This subsection is a civil penalty provision.\n(sec.78B-ssec.2) In this section— deemed standard connection contract (card-operated meters) means a deemed standard connection contract consistent with the model terms and conditions applying to deemed standard connection contracts for card-operated meter premises.","sortOrder":149},{"sectionNumber":"sec.78C","sectionType":"section","heading":"Monitoring, investigating and enforcing this Division","content":"### sec.78C Monitoring, investigating and enforcing this Division\n\nA local instrument of this jurisdiction must nominate the entity who is the Regulator for this Division.\nThe Regulator has, for monitoring, investigating or enforcing this Division, the same functions and powers the AER has for monitoring, investigating or enforcing other provisions of this Law.\nFor subsection (2) , this Law applies to monitoring, investigating or enforcing this Division as if a reference in a compliance, investigation or enforcement provision to the AER were a reference to the Regulator.\nThis Law confers functions and powers on the AER for monitoring, investigating or enforcing this Division only if the AER is nominated as the Regulator under subsection (1) and only to the extent provided for under this section.\ns 78C ins 2014 No. 49 (Qld) s 4 sch s 21\n(sec.78C-ssec.1) A local instrument of this jurisdiction must nominate the entity who is the Regulator for this Division.\n(sec.78C-ssec.2) The Regulator has, for monitoring, investigating or enforcing this Division, the same functions and powers the AER has for monitoring, investigating or enforcing other provisions of this Law.\n(sec.78C-ssec.3) For subsection (2) , this Law applies to monitoring, investigating or enforcing this Division as if a reference in a compliance, investigation or enforcement provision to the AER were a reference to the Regulator.\n(sec.78C-ssec.4) This Law confers functions and powers on the AER for monitoring, investigating or enforcing this Division only if the AER is nominated as the Regulator under subsection (1) and only to the extent provided for under this section.","sortOrder":150},{"sectionNumber":"pt.4","sectionType":"part","heading":"Small customer complaints and dispute resolution","content":"# Small customer complaints and dispute resolution","sortOrder":151},{"sectionNumber":"sec.79","sectionType":"section","heading":"Definitions","content":"### sec.79 Definitions\n\nIn this Part—\nenergy ombudsman constitution provisions means the provisions of—\nlegislation of a participating jurisdiction (other than national energy legislation) or any instrument made or issued under or for the purposes of that legislation; or\na constitution, charter or other arrangements,\nunder which an energy ombudsman is established or constituted and performs or exercises functions and powers in a participating jurisdiction;\nrelevant matter means a matter arising between a small customer and a retailer or distributor—\nunder or in connection with this Law, the National Regulations or the Rules, including but not limited to a matter concerning any of the following:\nthe carrying out of an energy marketing activity by a person;\na retailer’s obligations before a customer retail contract is formed (whether or not the contract is eventually formed);\na customer retail contract between a small customer and a retailer;\na deemed standard connection contract between a small customer and a distributor;\na negotiated connection contract between a small customer and a distributor;\na decision of a distributor under Division 3 of Part 7 in relation to a customer’s claim for compensation; or\nunder or in connection with the NER or NGR concerning a new connection or a connection alteration,\nbut does not include matters concerning the setting of tariffs and charges of distributors or retailers.\nNothing in this Part prevents an energy ombudsman from dealing with other disputes under the applicable energy ombudsman constitution provisions.\nA reference in this Part to—\na small customer complaint is a reference to a complaint referred to in section 82 or 83 ; and\na small customer dispute is a reference to a dispute referred to in section 83 .\n(sec.79-ssec.1) In this Part— energy ombudsman constitution provisions means the provisions of— legislation of a participating jurisdiction (other than national energy legislation) or any instrument made or issued under or for the purposes of that legislation; or a constitution, charter or other arrangements, under which an energy ombudsman is established or constituted and performs or exercises functions and powers in a participating jurisdiction; relevant matter means a matter arising between a small customer and a retailer or distributor— under or in connection with this Law, the National Regulations or the Rules, including but not limited to a matter concerning any of the following: the carrying out of an energy marketing activity by a person; a retailer’s obligations before a customer retail contract is formed (whether or not the contract is eventually formed); a customer retail contract between a small customer and a retailer; a deemed standard connection contract between a small customer and a distributor; a negotiated connection contract between a small customer and a distributor; a decision of a distributor under Division 3 of Part 7 in relation to a customer’s claim for compensation; or under or in connection with the NER or NGR concerning a new connection or a connection alteration, but does not include matters concerning the setting of tariffs and charges of distributors or retailers. Nothing in this Part prevents an energy ombudsman from dealing with other disputes under the applicable energy ombudsman constitution provisions.\n(sec.79-ssec.2) A reference in this Part to— a small customer complaint is a reference to a complaint referred to in section 82 or 83 ; and a small customer dispute is a reference to a dispute referred to in section 83 .\n- (a) legislation of a participating jurisdiction (other than national energy legislation) or any instrument made or issued under or for the purposes of that legislation; or\n- (b) a constitution, charter or other arrangements,\n- (a) under or in connection with this Law, the National Regulations or the Rules, including but not limited to a matter concerning any of the following: (i) the carrying out of an energy marketing activity by a person; (ii) a retailer’s obligations before a customer retail contract is formed (whether or not the contract is eventually formed); (iii) a customer retail contract between a small customer and a retailer; (iv) a deemed standard connection contract between a small customer and a distributor; (v) a negotiated connection contract between a small customer and a distributor; (vi) a decision of a distributor under Division 3 of Part 7 in relation to a customer’s claim for compensation; or\n- (i) the carrying out of an energy marketing activity by a person;\n- (ii) a retailer’s obligations before a customer retail contract is formed (whether or not the contract is eventually formed);\n- (iii) a customer retail contract between a small customer and a retailer;\n- (iv) a deemed standard connection contract between a small customer and a distributor;\n- (v) a negotiated connection contract between a small customer and a distributor;\n- (vi) a decision of a distributor under Division 3 of Part 7 in relation to a customer’s claim for compensation; or\n- (b) under or in connection with the NER or NGR concerning a new connection or a connection alteration,\n- (i) the carrying out of an energy marketing activity by a person;\n- (ii) a retailer’s obligations before a customer retail contract is formed (whether or not the contract is eventually formed);\n- (iii) a customer retail contract between a small customer and a retailer;\n- (iv) a deemed standard connection contract between a small customer and a distributor;\n- (v) a negotiated connection contract between a small customer and a distributor;\n- (vi) a decision of a distributor under Division 3 of Part 7 in relation to a customer’s claim for compensation; or\n- (a) a small customer complaint is a reference to a complaint referred to in section 82 or 83 ; and\n- (b) a small customer dispute is a reference to a dispute referred to in section 83 .","sortOrder":152},{"sectionNumber":"sec.80","sectionType":"section","heading":"Role of energy ombudsman","content":"### sec.80 Role of energy ombudsman\n\nThe relevant energy ombudsman for this jurisdiction may, as authorised by the energy ombudsman constitution provisions of this jurisdiction, perform and exercise, in relation to this jurisdiction, the functions and powers conferred on the energy ombudsman by this Part and the Rules.\nThis Part does not affect any other functions or powers that an energy ombudsman has apart from this Law and the Rules.\n(sec.80-ssec.1) The relevant energy ombudsman for this jurisdiction may, as authorised by the energy ombudsman constitution provisions of this jurisdiction, perform and exercise, in relation to this jurisdiction, the functions and powers conferred on the energy ombudsman by this Part and the Rules.\n(sec.80-ssec.2) This Part does not affect any other functions or powers that an energy ombudsman has apart from this Law and the Rules.","sortOrder":153},{"sectionNumber":"sec.81","sectionType":"section","heading":"Standard complaints and dispute resolution procedures","content":"### sec.81 Standard complaints and dispute resolution procedures\n\nEvery retailer and every distributor must develop, make and publish on its website a set of procedures detailing the retailer’s or distributor’s procedures for handling small customer complaints and disputes, to be known as its standard complaints and dispute resolution procedures.\nThe procedures must be regularly reviewed and kept up to date.\nThe procedures must be substantially consistent with the Australian Standard AS ISO 10002‐2006 ( Customer satisfaction—Guidelines for complaints handling in organizations ) as amended and updated from time to time.\n(sec.81-ssec.1) Every retailer and every distributor must develop, make and publish on its website a set of procedures detailing the retailer’s or distributor’s procedures for handling small customer complaints and disputes, to be known as its standard complaints and dispute resolution procedures.\n(sec.81-ssec.2) The procedures must be regularly reviewed and kept up to date.\n(sec.81-ssec.3) The procedures must be substantially consistent with the Australian Standard AS ISO 10002‐2006 ( Customer satisfaction—Guidelines for complaints handling in organizations ) as amended and updated from time to time.","sortOrder":154},{"sectionNumber":"sec.82","sectionType":"section","heading":"Complaints made to retailer or distributor for internal resolution","content":"### sec.82 Complaints made to retailer or distributor for internal resolution\n\nA small customer may make a complaint to a retailer or distributor about a relevant matter, or any aspect of a relevant matter, concerning the customer and the retailer or distributor.\nThe retailer or distributor must deal with the complaint if it is made in accordance with the retailer’s or distributor’s standard complaints and dispute resolution procedures, including any time limits applicable under those procedures for making a complaint.\nThe complaint must be handled in accordance with the retailer’s or distributor’s standard complaints and dispute resolution procedures, including any time limits applicable under those procedures for handling a complaint.\nThe retailer or distributor must inform the small customer of the outcome of the complaint process, and of the retailer’s or distributor’s reasons for the decision regarding the outcome, as soon as reasonably possible but, in any event, within any time limits applicable under the retailer’s or distributor’s standard complaints and dispute resolution procedures.\nA retailer or distributor must inform a small customer—\nthat, if the customer is not satisfied with the outcome, the customer may make a complaint or take a dispute to the energy ombudsman; and\nof the telephone number and other contact details of the energy ombudsman.\n(sec.82-ssec.1) A small customer may make a complaint to a retailer or distributor about a relevant matter, or any aspect of a relevant matter, concerning the customer and the retailer or distributor.\n(sec.82-ssec.2) The retailer or distributor must deal with the complaint if it is made in accordance with the retailer’s or distributor’s standard complaints and dispute resolution procedures, including any time limits applicable under those procedures for making a complaint.\n(sec.82-ssec.3) The complaint must be handled in accordance with the retailer’s or distributor’s standard complaints and dispute resolution procedures, including any time limits applicable under those procedures for handling a complaint.\n(sec.82-ssec.4) The retailer or distributor must inform the small customer of the outcome of the complaint process, and of the retailer’s or distributor’s reasons for the decision regarding the outcome, as soon as reasonably possible but, in any event, within any time limits applicable under the retailer’s or distributor’s standard complaints and dispute resolution procedures.\n(sec.82-ssec.5) A retailer or distributor must inform a small customer— that, if the customer is not satisfied with the outcome, the customer may make a complaint or take a dispute to the energy ombudsman; and of the telephone number and other contact details of the energy ombudsman.\n- (a) that, if the customer is not satisfied with the outcome, the customer may make a complaint or take a dispute to the energy ombudsman; and\n- (b) of the telephone number and other contact details of the energy ombudsman.","sortOrder":155},{"sectionNumber":"sec.83","sectionType":"section","heading":"Complaints made or disputes referred to energy ombudsman","content":"### sec.83 Complaints made or disputes referred to energy ombudsman\n\nA small customer may—\nmake a complaint to the energy ombudsman about a relevant matter, or any aspect of a relevant matter, concerning the customer and a retailer or distributor; or\nrefer a dispute to the energy ombudsman about a relevant matter, or any aspect of a relevant matter, concerning the customer and a retailer or distributor.\n- (a) make a complaint to the energy ombudsman about a relevant matter, or any aspect of a relevant matter, concerning the customer and a retailer or distributor; or\n- (b) refer a dispute to the energy ombudsman about a relevant matter, or any aspect of a relevant matter, concerning the customer and a retailer or distributor.","sortOrder":156},{"sectionNumber":"sec.84","sectionType":"section","heading":"Functions and powers of energy ombudsman","content":"### sec.84 Functions and powers of energy ombudsman\n\nThe energy ombudsman has the following functions and powers:\nto receive small customer complaints and disputes;\nto investigate those complaints and disputes;\nto facilitate the resolution of those complaints and disputes;\nto resolve those complaints and disputes;\nto identify and advise on systemic issues as a means of preventing complaints and disputes.\nThose functions and powers are to be performed and exercised in accordance with—\nthis Law and the Rules; and\nthe energy ombudsman constitution provisions, including (but not limited to)—\nprocedures for receiving, investigating and facilitating the resolution of small customer complaints and disputes; and\nany relevant monetary limit.\nThe energy ombudsman may decline to investigate a small customer complaint or dispute where the small customer concerned has not provided the retailer or distributor with a reasonable opportunity to address the complaint or dispute in accordance with the retailer’s or distributor’s standard complaints and dispute resolution procedures.\nSubsections (1) and (3) do not affect any functions or powers the energy ombudsman has under the energy ombudsman constitution provisions of this jurisdiction.\n(sec.84-ssec.1) The energy ombudsman has the following functions and powers: to receive small customer complaints and disputes; to investigate those complaints and disputes; to facilitate the resolution of those complaints and disputes; to resolve those complaints and disputes; to identify and advise on systemic issues as a means of preventing complaints and disputes.\n(sec.84-ssec.2) Those functions and powers are to be performed and exercised in accordance with— this Law and the Rules; and the energy ombudsman constitution provisions, including (but not limited to)— procedures for receiving, investigating and facilitating the resolution of small customer complaints and disputes; and any relevant monetary limit.\n(sec.84-ssec.3) The energy ombudsman may decline to investigate a small customer complaint or dispute where the small customer concerned has not provided the retailer or distributor with a reasonable opportunity to address the complaint or dispute in accordance with the retailer’s or distributor’s standard complaints and dispute resolution procedures.\n(sec.84-ssec.4) Subsections (1) and (3) do not affect any functions or powers the energy ombudsman has under the energy ombudsman constitution provisions of this jurisdiction.\n- (a) to receive small customer complaints and disputes;\n- (b) to investigate those complaints and disputes;\n- (c) to facilitate the resolution of those complaints and disputes;\n- (d) to resolve those complaints and disputes;\n- (e) to identify and advise on systemic issues as a means of preventing complaints and disputes.\n- (a) this Law and the Rules; and\n- (b) the energy ombudsman constitution provisions, including (but not limited to)— (i) procedures for receiving, investigating and facilitating the resolution of small customer complaints and disputes; and (ii) any relevant monetary limit.\n- (i) procedures for receiving, investigating and facilitating the resolution of small customer complaints and disputes; and\n- (ii) any relevant monetary limit.\n- (i) procedures for receiving, investigating and facilitating the resolution of small customer complaints and disputes; and\n- (ii) any relevant monetary limit.","sortOrder":157},{"sectionNumber":"sec.85","sectionType":"section","heading":"Information and assistance requirements","content":"### sec.85 Information and assistance requirements\n\nA retailer or distributor must provide information and assistance relating to a small customer complaint or dispute to the energy ombudsman on request by the ombudsman.\nIf there is a dispute as to the nature or scope of the information or assistance to be provided, the retailer or distributor is to abide by the decision of the ombudsman.\nThe AER must share information with the energy ombudsman in relation to small customer complaints and disputes.\n(sec.85-ssec.1) A retailer or distributor must provide information and assistance relating to a small customer complaint or dispute to the energy ombudsman on request by the ombudsman.\n(sec.85-ssec.2) If there is a dispute as to the nature or scope of the information or assistance to be provided, the retailer or distributor is to abide by the decision of the ombudsman.\n(sec.85-ssec.3) The AER must share information with the energy ombudsman in relation to small customer complaints and disputes.","sortOrder":158},{"sectionNumber":"sec.86","sectionType":"section","heading":"Retailers and distributors to be members of scheme","content":"### sec.86 Retailers and distributors to be members of scheme\n\nA retailer must—\nbe a member of, or subject to, an energy ombudsman scheme for each jurisdiction where it sells energy to small customers or engages in an energy marketing activity; and\ncomply with the requirements of that scheme.\nA distributor must—\nbe a member of, or subject to, an energy ombudsman scheme for each jurisdiction where it has small customers connected to its distribution system; and\ncomply with the requirements of that scheme.\nA retailer must not, in this jurisdiction, engage in the activity of selling energy unless the retailer meets the requirements of subsection (1) in relation to this jurisdiction.\nA distributor must not, in this jurisdiction, engage in the activity of providing customer connection services unless the distributor meets the requirements of subsection (2) in relation to this jurisdiction.\nIn this section—\nenergy ombudsman scheme means a scheme under which an energy ombudsman operates.\n(sec.86-ssec.1) A retailer must— be a member of, or subject to, an energy ombudsman scheme for each jurisdiction where it sells energy to small customers or engages in an energy marketing activity; and comply with the requirements of that scheme.\n(sec.86-ssec.2) A distributor must— be a member of, or subject to, an energy ombudsman scheme for each jurisdiction where it has small customers connected to its distribution system; and comply with the requirements of that scheme.\n(sec.86-ssec.3) A retailer must not, in this jurisdiction, engage in the activity of selling energy unless the retailer meets the requirements of subsection (1) in relation to this jurisdiction.\n(sec.86-ssec.4) A distributor must not, in this jurisdiction, engage in the activity of providing customer connection services unless the distributor meets the requirements of subsection (2) in relation to this jurisdiction.\n(sec.86-ssec.5) In this section— energy ombudsman scheme means a scheme under which an energy ombudsman operates.\n- (a) be a member of, or subject to, an energy ombudsman scheme for each jurisdiction where it sells energy to small customers or engages in an energy marketing activity; and\n- (b) comply with the requirements of that scheme.\n- (a) be a member of, or subject to, an energy ombudsman scheme for each jurisdiction where it has small customers connected to its distribution system; and\n- (b) comply with the requirements of that scheme.","sortOrder":159},{"sectionNumber":"sec.87","sectionType":"section","heading":"Rules","content":"### sec.87 Rules\n\nThe Rules may make provision for or with respect to small customer complaints and disputes.\nWithout limiting subsection (1) , the Rules may make provision for or with respect to a retailer’s or distributor’s standard complaints and dispute resolution procedures, including their development, making, publication, review, amendment and replacement.\n(sec.87-ssec.1) The Rules may make provision for or with respect to small customer complaints and disputes.\n(sec.87-ssec.2) Without limiting subsection (1) , the Rules may make provision for or with respect to a retailer’s or distributor’s standard complaints and dispute resolution procedures, including their development, making, publication, review, amendment and replacement.","sortOrder":160},{"sectionNumber":"pt.5","sectionType":"part","heading":"Authorisation of retailers and exempt seller regime","content":"# Authorisation of retailers and exempt seller regime","sortOrder":161},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Prohibition on unauthorised selling of energy","content":"## Prohibition on unauthorised selling of energy","sortOrder":162},{"sectionNumber":"sec.88","sectionType":"section","heading":"Requirement for authorisation or exemption","content":"### sec.88 Requirement for authorisation or exemption\n\nA person (the seller ) must not, in this jurisdiction, engage in the activity of selling energy to a person for premises unless—\nthe seller is the holder of a current retailer authorisation; or\nthe seller is an exempt seller.\nSubsection (1) does not limit—\nin the case of the sale of electricity—any requirement under section 11 (4) of the NEL relating to the purchasing of electricity through a wholesale exchange; or\nin the case of the sale of gas—\nany requirement under section 91LB of the NGL, as it applies to this jurisdiction in relation to a user (within the meaning of the NGL), to be registered (or exempted from registration) in this jurisdiction in order to participate in a regulated retail gas market; or\nany requirement under section 91BJ of the NGL, as it applies in relation to a declared wholesale gas market, to be registered (or exempted from registration) in order to participate in that market and to sell gas to customers that has been transported through the relevant declared transmission system; or\nany requirement under section 91BRD of the NGL, as it applies to a short term trading market, to be registered (or exempted from registration) in order to participate in that market.\nA person must not engage in an activity referred to in subsection (1) unless the person has complied with any requirement referred to in subsection (2) (to the extent that any such requirement applies in relation to the person) (but nothing in this subsection requires a requirement under subsection (2) to be satisfied before the AER may grant a retailer authorisation or confer an exemption under this Part).\nThis section is a civil penalty provision.\ns 88 sub 2012 No. 16 (SA) s 6\namd 2022 No. 21 (SA) s 7 ; 2023 No. 36 (SA) s 78\n(sec.88-ssec.1) A person (the seller ) must not, in this jurisdiction, engage in the activity of selling energy to a person for premises unless— the seller is the holder of a current retailer authorisation; or the seller is an exempt seller.\n(sec.88-ssec.2) Subsection (1) does not limit— in the case of the sale of electricity—any requirement under section 11 (4) of the NEL relating to the purchasing of electricity through a wholesale exchange; or in the case of the sale of gas— any requirement under section 91LB of the NGL, as it applies to this jurisdiction in relation to a user (within the meaning of the NGL), to be registered (or exempted from registration) in this jurisdiction in order to participate in a regulated retail gas market; or any requirement under section 91BJ of the NGL, as it applies in relation to a declared wholesale gas market, to be registered (or exempted from registration) in order to participate in that market and to sell gas to customers that has been transported through the relevant declared transmission system; or any requirement under section 91BRD of the NGL, as it applies to a short term trading market, to be registered (or exempted from registration) in order to participate in that market.\n(sec.88-ssec.3) A person must not engage in an activity referred to in subsection (1) unless the person has complied with any requirement referred to in subsection (2) (to the extent that any such requirement applies in relation to the person) (but nothing in this subsection requires a requirement under subsection (2) to be satisfied before the AER may grant a retailer authorisation or confer an exemption under this Part). This section is a civil penalty provision. s 88 sub 2012 No. 16 (SA) s 6 amd 2022 No. 21 (SA) s 7 ; 2023 No. 36 (SA) s 78\n- (a) the seller is the holder of a current retailer authorisation; or\n- (b) the seller is an exempt seller.\n- (a) in the case of the sale of electricity—any requirement under section 11 (4) of the NEL relating to the purchasing of electricity through a wholesale exchange; or\n- (b) in the case of the sale of gas— (i) any requirement under section 91LB of the NGL, as it applies to this jurisdiction in relation to a user (within the meaning of the NGL), to be registered (or exempted from registration) in this jurisdiction in order to participate in a regulated retail gas market; or (ii) any requirement under section 91BJ of the NGL, as it applies in relation to a declared wholesale gas market, to be registered (or exempted from registration) in order to participate in that market and to sell gas to customers that has been transported through the relevant declared transmission system; or (iii) any requirement under section 91BRD of the NGL, as it applies to a short term trading market, to be registered (or exempted from registration) in order to participate in that market.\n- (i) any requirement under section 91LB of the NGL, as it applies to this jurisdiction in relation to a user (within the meaning of the NGL), to be registered (or exempted from registration) in this jurisdiction in order to participate in a regulated retail gas market; or\n- (ii) any requirement under section 91BJ of the NGL, as it applies in relation to a declared wholesale gas market, to be registered (or exempted from registration) in order to participate in that market and to sell gas to customers that has been transported through the relevant declared transmission system; or\n- (iii) any requirement under section 91BRD of the NGL, as it applies to a short term trading market, to be registered (or exempted from registration) in order to participate in that market.\n- (i) any requirement under section 91LB of the NGL, as it applies to this jurisdiction in relation to a user (within the meaning of the NGL), to be registered (or exempted from registration) in this jurisdiction in order to participate in a regulated retail gas market; or\n- (ii) any requirement under section 91BJ of the NGL, as it applies in relation to a declared wholesale gas market, to be registered (or exempted from registration) in order to participate in that market and to sell gas to customers that has been transported through the relevant declared transmission system; or\n- (iii) any requirement under section 91BRD of the NGL, as it applies to a short term trading market, to be registered (or exempted from registration) in order to participate in that market.","sortOrder":163},{"sectionNumber":"sec.88A","sectionType":"section","heading":"Additional Queensland provision for exception from requirement for authorisation or exemption","content":"### sec.88A Additional Queensland provision for exception from requirement for authorisation or exemption\n\nA person does not contravene section 88 for the sale of electricity if—\nthe person is a rail government entity and the electricity is sold to Airtrain Citylink Limited—\nfor use in connection with the building or use of electrical installations and works by Airtrain Citylink Limited, as part of a system of electric traction or for signalling purposes, on the Brisbane Airport Rail Link; or\nfor powering electric rolling stock and railway signals on the Brisbane Airport Rail Link; or\nthe person is a railway manager that operates the nominated network, or a related body corporate of that railway manager, and the electricity is sold to a third party access holder for use by the third party access holder—\nin connection with the building or use of electrical installations and works, as part of a system of electric traction or for signalling purposes, on the nominated network or connected to the nominated network; or\nfor powering electric rolling stock and railway signals on the nominated network or rail transport infrastructure owned by the third party access holder and connected to the network.\nAlso, a person does not contravene section 88 for the sale of electricity if—\neither of the following applies—\nthe person is a rail government entity and the electricity is sold to a relevant railway manager;\nthe person is a relevant railway manager and the electricity is sold to a rail government entity; and\nthe electricity is used—\nin connection with the building or use of electrical installations and works, as part of a system of electric traction or for signalling purposes, on rail transport infrastructure or connected to the rail transport infrastructure; or\nfor powering electric rolling stock and railway signals on rail transport infrastructure.\nFurther, a person does not contravene section 88 for the sale of electricity if the person is the holder of licence no. 960, issued under section 13 of the Gladstone Power Station Agreement Act 1993 of Queensland.\nIn this section—\nAirtrain Citylink Limited —\nmeans Airtrain Citylink Limited ACN 066 543 315; and\nincludes its successors and assigns;\nBrisbane Airport Rail Link means the proposed railway shown on CMPS&F Pty Limited drawing no. RQ0159-C029(F)—\nstarting at a point 0.313km from the north coast rail line (defined on the drawing as the ownership transfer point); and\nfinishing at the domestic terminal of Brisbane Airport;\nA copy of the drawing is available for inspection at the offices of the Department of Transport and Main Roads, Level 12, Capital Hill Building, 85 George Street, Brisbane.\nelectrical installation has the meaning given by section 14 of the Electricity Act 1994 of Queensland;\nrail government entity has the meaning given by schedule 6 of the Transport Infrastructure Act 1994 of Queensland;\nrailway manager has the meaning given by schedule 6 of the Transport Infrastructure Act 1994 of Queensland;\nrelated body corporate has the meaning given by the Corporations Act 2001 of the Commonwealth;\nrelevant railway manager , for a rail government entity, means—\na railway manager that operates rail transport infrastructure that is directly connected to rail transport infrastructure operated by the rail government entity; or\na related body corporate of a railway manager mentioned in paragraph (a) ;\nA relevant railway manager may be a rail government entity.\nthird party access holder means a person who, under an arrangement with a railway manager or a related body corporate of the railway manager, is entitled to access and use a nominated part of its rail transport infrastructure (the nominated network );\nworks has the meaning given by section 12 (1) of the Electricity Act 1994 of Queensland.\nThis section is an additional Queensland provision.\ns 88A ins 2014 No. 49 (Qld) s 4 sch s 22\n(sec.88A-ssec.1) A person does not contravene section 88 for the sale of electricity if— the person is a rail government entity and the electricity is sold to Airtrain Citylink Limited— for use in connection with the building or use of electrical installations and works by Airtrain Citylink Limited, as part of a system of electric traction or for signalling purposes, on the Brisbane Airport Rail Link; or for powering electric rolling stock and railway signals on the Brisbane Airport Rail Link; or the person is a railway manager that operates the nominated network, or a related body corporate of that railway manager, and the electricity is sold to a third party access holder for use by the third party access holder— in connection with the building or use of electrical installations and works, as part of a system of electric traction or for signalling purposes, on the nominated network or connected to the nominated network; or for powering electric rolling stock and railway signals on the nominated network or rail transport infrastructure owned by the third party access holder and connected to the network.\n(sec.88A-ssec.2) Also, a person does not contravene section 88 for the sale of electricity if— either of the following applies— the person is a rail government entity and the electricity is sold to a relevant railway manager; the person is a relevant railway manager and the electricity is sold to a rail government entity; and the electricity is used— in connection with the building or use of electrical installations and works, as part of a system of electric traction or for signalling purposes, on rail transport infrastructure or connected to the rail transport infrastructure; or for powering electric rolling stock and railway signals on rail transport infrastructure.\n(sec.88A-ssec.3) Further, a person does not contravene section 88 for the sale of electricity if the person is the holder of licence no. 960, issued under section 13 of the Gladstone Power Station Agreement Act 1993 of Queensland.\n(sec.88A-ssec.4) In this section— Airtrain Citylink Limited — means Airtrain Citylink Limited ACN 066 543 315; and includes its successors and assigns; Brisbane Airport Rail Link means the proposed railway shown on CMPS&F Pty Limited drawing no. RQ0159-C029(F)— starting at a point 0.313km from the north coast rail line (defined on the drawing as the ownership transfer point); and finishing at the domestic terminal of Brisbane Airport; A copy of the drawing is available for inspection at the offices of the Department of Transport and Main Roads, Level 12, Capital Hill Building, 85 George Street, Brisbane. electrical installation has the meaning given by section 14 of the Electricity Act 1994 of Queensland; rail government entity has the meaning given by schedule 6 of the Transport Infrastructure Act 1994 of Queensland; railway manager has the meaning given by schedule 6 of the Transport Infrastructure Act 1994 of Queensland; related body corporate has the meaning given by the Corporations Act 2001 of the Commonwealth; relevant railway manager , for a rail government entity, means— a railway manager that operates rail transport infrastructure that is directly connected to rail transport infrastructure operated by the rail government entity; or a related body corporate of a railway manager mentioned in paragraph (a) ; A relevant railway manager may be a rail government entity. third party access holder means a person who, under an arrangement with a railway manager or a related body corporate of the railway manager, is entitled to access and use a nominated part of its rail transport infrastructure (the nominated network ); works has the meaning given by section 12 (1) of the Electricity Act 1994 of Queensland. This section is an additional Queensland provision.\n- (a) the person is a rail government entity and the electricity is sold to Airtrain Citylink Limited— (i) for use in connection with the building or use of electrical installations and works by Airtrain Citylink Limited, as part of a system of electric traction or for signalling purposes, on the Brisbane Airport Rail Link; or (ii) for powering electric rolling stock and railway signals on the Brisbane Airport Rail Link; or\n- (i) for use in connection with the building or use of electrical installations and works by Airtrain Citylink Limited, as part of a system of electric traction or for signalling purposes, on the Brisbane Airport Rail Link; or\n- (ii) for powering electric rolling stock and railway signals on the Brisbane Airport Rail Link; or\n- (b) the person is a railway manager that operates the nominated network, or a related body corporate of that railway manager, and the electricity is sold to a third party access holder for use by the third party access holder— (i) in connection with the building or use of electrical installations and works, as part of a system of electric traction or for signalling purposes, on the nominated network or connected to the nominated network; or (ii) for powering electric rolling stock and railway signals on the nominated network or rail transport infrastructure owned by the third party access holder and connected to the network.\n- (i) in connection with the building or use of electrical installations and works, as part of a system of electric traction or for signalling purposes, on the nominated network or connected to the nominated network; or\n- (ii) for powering electric rolling stock and railway signals on the nominated network or rail transport infrastructure owned by the third party access holder and connected to the network.\n- (i) for use in connection with the building or use of electrical installations and works by Airtrain Citylink Limited, as part of a system of electric traction or for signalling purposes, on the Brisbane Airport Rail Link; or\n- (ii) for powering electric rolling stock and railway signals on the Brisbane Airport Rail Link; or\n- (i) in connection with the building or use of electrical installations and works, as part of a system of electric traction or for signalling purposes, on the nominated network or connected to the nominated network; or\n- (ii) for powering electric rolling stock and railway signals on the nominated network or rail transport infrastructure owned by the third party access holder and connected to the network.\n- (a) either of the following applies— (i) the person is a rail government entity and the electricity is sold to a relevant railway manager; (ii) the person is a relevant railway manager and the electricity is sold to a rail government entity; and\n- (i) the person is a rail government entity and the electricity is sold to a relevant railway manager;\n- (ii) the person is a relevant railway manager and the electricity is sold to a rail government entity; and\n- (i) the person is a rail government entity and the electricity is sold to a relevant railway manager;\n- (ii) the person is a relevant railway manager and the electricity is sold to a rail government entity; and\n- (b) the electricity is used— (i) in connection with the building or use of electrical installations and works, as part of a system of electric traction or for signalling purposes, on rail transport infrastructure or connected to the rail transport infrastructure; or (ii) for powering electric rolling stock and railway signals on rail transport infrastructure.\n- (i) in connection with the building or use of electrical installations and works, as part of a system of electric traction or for signalling purposes, on rail transport infrastructure or connected to the rail transport infrastructure; or\n- (ii) for powering electric rolling stock and railway signals on rail transport infrastructure.\n- (i) in connection with the building or use of electrical installations and works, as part of a system of electric traction or for signalling purposes, on rail transport infrastructure or connected to the rail transport infrastructure; or\n- (ii) for powering electric rolling stock and railway signals on rail transport infrastructure.\n- (a) means Airtrain Citylink Limited ACN 066 543 315; and\n- (b) includes its successors and assigns;\n- (a) starting at a point 0.313km from the north coast rail line (defined on the drawing as the ownership transfer point); and\n- (b) finishing at the domestic terminal of Brisbane Airport;\n- (a) a railway manager that operates rail transport infrastructure that is directly connected to rail transport infrastructure operated by the rail government entity; or\n- (b) a related body corporate of a railway manager mentioned in paragraph (a) ;","sortOrder":164},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Application for and issue of retailer authorisation","content":"## Application for and issue of retailer authorisation","sortOrder":165},{"sectionNumber":"sec.89","sectionType":"section","heading":"Applications","content":"### sec.89 Applications\n\nA person may apply to the AER for a retailer authorisation.\nAn application may be made by 2 or more persons acting in their capacity as members of a partnership or joint venture.\nIf an application is made under subsection (2) , a reference to an applicant under this Part will be taken to be a reference to the persons who made the application jointly (and they may satisfy any criteria or other requirement on a joint basis).\ns 89 amd 2012 No. 16 (SA) s 7\n(sec.89-ssec.1) A person may apply to the AER for a retailer authorisation.\n(sec.89-ssec.2) An application may be made by 2 or more persons acting in their capacity as members of a partnership or joint venture.\n(sec.89-ssec.3) If an application is made under subsection (2) , a reference to an applicant under this Part will be taken to be a reference to the persons who made the application jointly (and they may satisfy any criteria or other requirement on a joint basis). s 89 amd 2012 No. 16 (SA) s 7","sortOrder":166},{"sectionNumber":"sec.90","sectionType":"section","heading":"Entry criteria","content":"### sec.90 Entry criteria\n\nThe entry criteria in relation to an application are as follows:\nthe organisational and technical capacity criterion—the applicant must have the necessary organisational and technical capacity to meet the obligations of a retailer;\nthe financial resources criterion—the applicant must have resources or access to resources so that it will have the financial viability and financial capacity to meet the obligations of a retailer;\nthe suitability criterion—the applicant must be a suitable person to hold a retailer authorisation.\nThe applicant must, in accordance with the AER Retailer Authorisation Guidelines, provide such information to the AER as will demonstrate to the AER that the applicant satisfies the entry criteria.\nThe information must be provided in or with the application or, at the request of or with the concurrence of the AER, by way of supplementary advice.\nIn considering the suitability criterion in relation to the application, the AER may take into consideration such matters as it thinks relevant, including, for example—\nprevious commercial dealings of the applicant and its associates; and\nthe standard of honesty and integrity shown in previous commercial dealings of the applicant and its associates.\nIn this section—\nassociate , in relation to a person, has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13 , 16 (2) and 17 did not form part of that Act.\n(sec.90-ssec.1) The entry criteria in relation to an application are as follows: the organisational and technical capacity criterion—the applicant must have the necessary organisational and technical capacity to meet the obligations of a retailer; the financial resources criterion—the applicant must have resources or access to resources so that it will have the financial viability and financial capacity to meet the obligations of a retailer; the suitability criterion—the applicant must be a suitable person to hold a retailer authorisation.\n(sec.90-ssec.2) The applicant must, in accordance with the AER Retailer Authorisation Guidelines, provide such information to the AER as will demonstrate to the AER that the applicant satisfies the entry criteria.\n(sec.90-ssec.3) The information must be provided in or with the application or, at the request of or with the concurrence of the AER, by way of supplementary advice.\n(sec.90-ssec.4) In considering the suitability criterion in relation to the application, the AER may take into consideration such matters as it thinks relevant, including, for example— previous commercial dealings of the applicant and its associates; and the standard of honesty and integrity shown in previous commercial dealings of the applicant and its associates.\n(sec.90-ssec.5) In this section— associate , in relation to a person, has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13 , 16 (2) and 17 did not form part of that Act.\n- (a) the organisational and technical capacity criterion—the applicant must have the necessary organisational and technical capacity to meet the obligations of a retailer;\n- (b) the financial resources criterion—the applicant must have resources or access to resources so that it will have the financial viability and financial capacity to meet the obligations of a retailer;\n- (c) the suitability criterion—the applicant must be a suitable person to hold a retailer authorisation.\n- (a) previous commercial dealings of the applicant and its associates; and\n- (b) the standard of honesty and integrity shown in previous commercial dealings of the applicant and its associates.","sortOrder":167},{"sectionNumber":"sec.91","sectionType":"section","heading":"Public notice and submissions","content":"### sec.91 Public notice and submissions\n\nBefore deciding an application, the AER must—\npublish on the AER’s website a notice—\nsetting out a copy of the application or giving details in relation to the application; and\nstating that written submissions about the application may be made to the AER within a period of at least 20 business days that is specified in the notice; and\ncontaining such other information as the AER considers appropriate; and\nconsider all written submissions received by it within that period before deciding whether to grant or refuse the application.\n- (a) publish on the AER’s website a notice— (i) setting out a copy of the application or giving details in relation to the application; and (ii) stating that written submissions about the application may be made to the AER within a period of at least 20 business days that is specified in the notice; and (iii) containing such other information as the AER considers appropriate; and\n- (i) setting out a copy of the application or giving details in relation to the application; and\n- (ii) stating that written submissions about the application may be made to the AER within a period of at least 20 business days that is specified in the notice; and\n- (iii) containing such other information as the AER considers appropriate; and\n- (b) consider all written submissions received by it within that period before deciding whether to grant or refuse the application.\n- (i) setting out a copy of the application or giving details in relation to the application; and\n- (ii) stating that written submissions about the application may be made to the AER within a period of at least 20 business days that is specified in the notice; and\n- (iii) containing such other information as the AER considers appropriate; and","sortOrder":168},{"sectionNumber":"sec.92","sectionType":"section","heading":"Deciding application","content":"### sec.92 Deciding application\n\nThe AER must decide whether to grant or refuse an application.\nSubject to section 170 , the AER must grant the application if the AER is satisfied—\nthat the applicant satisfies the entry criteria; or\nin a case where the AER imposes conditions relating to the satisfaction of the entry criteria—that the applicant will satisfy the entry criteria once those conditions are satisfied.\n(sec.92-ssec.1) The AER must decide whether to grant or refuse an application.\n(sec.92-ssec.2) Subject to section 170 , the AER must grant the application if the AER is satisfied— that the applicant satisfies the entry criteria; or in a case where the AER imposes conditions relating to the satisfaction of the entry criteria—that the applicant will satisfy the entry criteria once those conditions are satisfied.\n- (a) that the applicant satisfies the entry criteria; or\n- (b) in a case where the AER imposes conditions relating to the satisfaction of the entry criteria—that the applicant will satisfy the entry criteria once those conditions are satisfied.","sortOrder":169},{"sectionNumber":"sec.93","sectionType":"section","heading":"Conditions","content":"### sec.93 Conditions\n\nIf the AER grants an application, the AER may impose conditions on the retailer authorisation relating to the satisfaction of the entry criteria.\nA condition imposed under this section may provide that the retailer authorisation only authorises the selling of energy to customers on or after the condition is satisfied.\nThe AER may amend or revoke any condition imposed under this section.\nSee section 170 where the applicant is a failed retailer or an associate of a failed retailer.\n(sec.93-ssec.1) If the AER grants an application, the AER may impose conditions on the retailer authorisation relating to the satisfaction of the entry criteria.\n(sec.93-ssec.2) A condition imposed under this section may provide that the retailer authorisation only authorises the selling of energy to customers on or after the condition is satisfied.\n(sec.93-ssec.3) The AER may amend or revoke any condition imposed under this section.","sortOrder":170},{"sectionNumber":"sec.94","sectionType":"section","heading":"Notice of decision to grant application","content":"### sec.94 Notice of decision to grant application\n\nIf the AER decides to grant an application, the AER must, as soon as practicable, give the applicant a notice—\nstating the decision; and\nstating that the applicant is, when the retailer authorisation is issued under section 96 , authorised to sell—\nelectricity; or\ngas; and\nif the applicant is authorised to sell gas—stating the types of gas the applicant is authorised to sell; and\nspecifying the conditions (if any) that the AER has decided to impose on the retailer authorisation under section 93 (1) or 170 (1) (b) ; and\nstating any other matter relevant to the grant of the retailer authorisation.\nThe AER must be satisfied the applicant satisfies the entry criteria in section 90 for each type of gas the applicant is authorised to sell.\ns 94 amd 2023 No. 36 (SA) s 79\n(sec.94-ssec.1) If the AER decides to grant an application, the AER must, as soon as practicable, give the applicant a notice— stating the decision; and stating that the applicant is, when the retailer authorisation is issued under section 96 , authorised to sell— electricity; or gas; and if the applicant is authorised to sell gas—stating the types of gas the applicant is authorised to sell; and specifying the conditions (if any) that the AER has decided to impose on the retailer authorisation under section 93 (1) or 170 (1) (b) ; and stating any other matter relevant to the grant of the retailer authorisation.\n(sec.94-ssec.2) The AER must be satisfied the applicant satisfies the entry criteria in section 90 for each type of gas the applicant is authorised to sell.\n- (a) stating the decision; and\n- (b) stating that the applicant is, when the retailer authorisation is issued under section 96 , authorised to sell— (i) electricity; or (ii) gas; and\n- (i) electricity; or\n- (ii) gas; and\n- (ba) if the applicant is authorised to sell gas—stating the types of gas the applicant is authorised to sell; and\n- (c) specifying the conditions (if any) that the AER has decided to impose on the retailer authorisation under section 93 (1) or 170 (1) (b) ; and\n- (d) stating any other matter relevant to the grant of the retailer authorisation.\n- (i) electricity; or\n- (ii) gas; and","sortOrder":171},{"sectionNumber":"sec.95","sectionType":"section","heading":"Deemed refusal","content":"### sec.95 Deemed refusal\n\nThis section applies if the AER specifies conditions in a notice under section 94 .\nThe AER is taken to have decided to refuse an application if, within—\nthe period of 20 business days after the day the notice is given by the AER; or\nthat period as extended by the AER,\nthe applicant has not given the AER a notice of acceptance of the conditions specified by the AER or those conditions with changes to which the AER has agreed.\nThe AER is taken to have decided to refuse an application if, within—\nthe period of 3 months after the day the notice is given by the AER; or\nthat period as extended by the AER,\nthe applicant does not satisfy the AER that the conditions specified in the notice have been met.\n(sec.95-ssec.1) This section applies if the AER specifies conditions in a notice under section 94 .\n(sec.95-ssec.2) The AER is taken to have decided to refuse an application if, within— the period of 20 business days after the day the notice is given by the AER; or that period as extended by the AER, the applicant has not given the AER a notice of acceptance of the conditions specified by the AER or those conditions with changes to which the AER has agreed.\n(sec.95-ssec.3) The AER is taken to have decided to refuse an application if, within— the period of 3 months after the day the notice is given by the AER; or that period as extended by the AER, the applicant does not satisfy the AER that the conditions specified in the notice have been met.\n- (a) the period of 20 business days after the day the notice is given by the AER; or\n- (b) that period as extended by the AER,\n- (a) the period of 3 months after the day the notice is given by the AER; or\n- (b) that period as extended by the AER,","sortOrder":172},{"sectionNumber":"sec.96","sectionType":"section","heading":"Issue and public notice of retailer authorisation","content":"### sec.96 Issue and public notice of retailer authorisation\n\nThis section applies if—\nthe AER decides to grant an application without conditions relating to entry criteria; or\nthe AER decides to grant an application with conditions relating to entry criteria and, within—\nthe period of 3 months after the day the notice of the AER’s decision is given by the AER; or\nthat period as extended by the AER,\nthe applicant satisfies the AER that the conditions specified in the notice have been met.\nThe AER must, as soon as practicable—\nissue the retailer authorisation to the applicant; and\npublish a notice about the retailer authorisation on the AER’s website.\n(sec.96-ssec.1) This section applies if— the AER decides to grant an application without conditions relating to entry criteria; or the AER decides to grant an application with conditions relating to entry criteria and, within— the period of 3 months after the day the notice of the AER’s decision is given by the AER; or that period as extended by the AER, the applicant satisfies the AER that the conditions specified in the notice have been met.\n(sec.96-ssec.2) The AER must, as soon as practicable— issue the retailer authorisation to the applicant; and publish a notice about the retailer authorisation on the AER’s website.\n- (a) the AER decides to grant an application without conditions relating to entry criteria; or\n- (b) the AER decides to grant an application with conditions relating to entry criteria and, within— (i) the period of 3 months after the day the notice of the AER’s decision is given by the AER; or (ii) that period as extended by the AER, the applicant satisfies the AER that the conditions specified in the notice have been met.\n- (i) the period of 3 months after the day the notice of the AER’s decision is given by the AER; or\n- (ii) that period as extended by the AER,\n- (i) the period of 3 months after the day the notice of the AER’s decision is given by the AER; or\n- (ii) that period as extended by the AER,\n- (a) issue the retailer authorisation to the applicant; and\n- (b) publish a notice about the retailer authorisation on the AER’s website.","sortOrder":173},{"sectionNumber":"sec.96A","sectionType":"section","heading":"Retailer authorisation may be held jointly","content":"### sec.96A Retailer authorisation may be held jointly\n\nA retailer authorisation may be held jointly by 2 or more persons.\nIf a retailer authorisation is held jointly by 2 or more persons, those persons are jointly and severally liable to meet requirements imposed under any of the energy laws.\ns 96A ins 2012 No. 16 (SA) s 8\n(sec.96A-ssec.1) A retailer authorisation may be held jointly by 2 or more persons.\n(sec.96A-ssec.2) If a retailer authorisation is held jointly by 2 or more persons, those persons are jointly and severally liable to meet requirements imposed under any of the energy laws.","sortOrder":174},{"sectionNumber":"sec.97","sectionType":"section","heading":"Notice of refusal","content":"### sec.97 Notice of refusal\n\nIf the AER decides or is taken to have decided to refuse an application, the AER must, as soon as practicable, give the applicant a notice stating the decision and the reasons for the decision and indicating whether, and (if so), how the entry criteria were not satisfied or will not be satisfied.\nIf the AER decides or is taken to have decided to refuse an application, the AER must, as soon as practicable, publish a notice on its website stating—\nthat the application for a retailer authorisation was refused; and\nthe name of the applicant; and\nany details relating to the application that the AER considers appropriate.\n(sec.97-ssec.1) If the AER decides or is taken to have decided to refuse an application, the AER must, as soon as practicable, give the applicant a notice stating the decision and the reasons for the decision and indicating whether, and (if so), how the entry criteria were not satisfied or will not be satisfied.\n(sec.97-ssec.2) If the AER decides or is taken to have decided to refuse an application, the AER must, as soon as practicable, publish a notice on its website stating— that the application for a retailer authorisation was refused; and the name of the applicant; and any details relating to the application that the AER considers appropriate.\n- (a) that the application for a retailer authorisation was refused; and\n- (b) the name of the applicant; and\n- (c) any details relating to the application that the AER considers appropriate.","sortOrder":175},{"sectionNumber":"sec.98","sectionType":"section","heading":"Duration of retailer authorisation","content":"### sec.98 Duration of retailer authorisation\n\nA retailer authorisation continues in force until it is surrendered or revoked.","sortOrder":176},{"sectionNumber":"sec.99","sectionType":"section","heading":"Variation of retailer authorisation","content":"### sec.99 Variation of retailer authorisation\n\nThe AER may amend a retailer authorisation to make any alterations requested by the retailer.\nAn amendment must not change the type or types of gas a retailer is authorised to sell unless—\nthe retailer makes an application under this Division; and\nthe AER determines the application under this Division.\nIn this section—\nalterations includes omissions and additions.\ns 99 amd 2023 No. 36 (SA) s 80\n(sec.99-ssec.1) The AER may amend a retailer authorisation to make any alterations requested by the retailer.\n(sec.99-ssec.1a) An amendment must not change the type or types of gas a retailer is authorised to sell unless— the retailer makes an application under this Division; and the AER determines the application under this Division.\n(sec.99-ssec.2) In this section— alterations includes omissions and additions.\n- (a) the retailer makes an application under this Division; and\n- (b) the AER determines the application under this Division.","sortOrder":177},{"sectionNumber":"sec.100","sectionType":"section","heading":"Form of energy authorised to be sold","content":"### sec.100 Form of energy authorised to be sold\n\nA retailer authorisation may authorise the sale of electricity or gas.\nA retailer authorisation cannot be varied to change or add to the form of energy that the applicant is authorised to sell to customers, as specified in the notice under section 94 .\nThis section does not prevent an application for or the grant of another retailer authorisation.\n(sec.100-ssec.1) A retailer authorisation may authorise the sale of electricity or gas.\n(sec.100-ssec.2) A retailer authorisation cannot be varied to change or add to the form of energy that the applicant is authorised to sell to customers, as specified in the notice under section 94 .\n(sec.100-ssec.3) This section does not prevent an application for or the grant of another retailer authorisation.","sortOrder":178},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Transfer of retailer authorisation","content":"## Transfer of retailer authorisation","sortOrder":179},{"sectionNumber":"sec.101","sectionType":"section","heading":"Transfer only by application","content":"### sec.101 Transfer only by application\n\nA retailer authorisation may be transferred only under this Division.\nA purported transfer of a retailer authorisation not made under this Division is of no effect.\n(sec.101-ssec.1) A retailer authorisation may be transferred only under this Division.\n(sec.101-ssec.2) A purported transfer of a retailer authorisation not made under this Division is of no effect.","sortOrder":180},{"sectionNumber":"sec.102","sectionType":"section","heading":"Applying for transfer","content":"### sec.102 Applying for transfer\n\nA retailer may apply to the AER to transfer the retailer’s authorisation.\nThe application must—\nbe made by the retailer and the proposed transferee; and\ninclude the information specified in the AER Retailer Authorisation Guidelines as being required to be included in or with an application for transfer of a retailer authorisation.\n(sec.102-ssec.1) A retailer may apply to the AER to transfer the retailer’s authorisation.\n(sec.102-ssec.2) The application must— be made by the retailer and the proposed transferee; and include the information specified in the AER Retailer Authorisation Guidelines as being required to be included in or with an application for transfer of a retailer authorisation.\n- (a) be made by the retailer and the proposed transferee; and\n- (b) include the information specified in the AER Retailer Authorisation Guidelines as being required to be included in or with an application for transfer of a retailer authorisation.","sortOrder":181},{"sectionNumber":"sec.103","sectionType":"section","heading":"Deciding transfer application","content":"### sec.103 Deciding transfer application\n\nThe AER must decide whether to grant or refuse the application.\nThe application must not be granted unless the AER is satisfied that—\nthe proposed transferee satisfies the entry criteria; and\narrangements relating to the transfer will appropriately manage any issues concerning customers of the proposed transferor.\nThe AER—\nmay impose conditions on granting the application; and\nmust fix a time, no later than 6 months after deciding the application, for the transfer to take effect.\nIf the AER decides to refuse the application or impose a condition on the transfer, the AER must, as soon as practicable, give the applicants notice of the decision and the reasons for the decision.\nWithout limitation, a condition may require the transferor or transferee to comply with specified requirements of energy laws, with any modifications specified in the condition. Any such requirement may continue, to the necessary extent, to apply to the transferor after the transfer of the authorisation.\nThe AER must advise AEMO and the distributors concerned where a retailer authorisation is transferred.\nDespite section 38 , the explicit informed consent of a small customer is not required in relation to the transfer of a retailer’s authorisation under this Division.\nA transferor or transferee must comply with any conditions imposed on the transferor or transferee under this section.\nThis subsection is a civil penalty provision.\n(sec.103-ssec.1) The AER must decide whether to grant or refuse the application.\n(sec.103-ssec.2) The application must not be granted unless the AER is satisfied that— the proposed transferee satisfies the entry criteria; and arrangements relating to the transfer will appropriately manage any issues concerning customers of the proposed transferor.\n(sec.103-ssec.3) The AER— may impose conditions on granting the application; and must fix a time, no later than 6 months after deciding the application, for the transfer to take effect.\n(sec.103-ssec.4) If the AER decides to refuse the application or impose a condition on the transfer, the AER must, as soon as practicable, give the applicants notice of the decision and the reasons for the decision.\n(sec.103-ssec.5) Without limitation, a condition may require the transferor or transferee to comply with specified requirements of energy laws, with any modifications specified in the condition. Any such requirement may continue, to the necessary extent, to apply to the transferor after the transfer of the authorisation.\n(sec.103-ssec.6) The AER must advise AEMO and the distributors concerned where a retailer authorisation is transferred.\n(sec.103-ssec.7) Despite section 38 , the explicit informed consent of a small customer is not required in relation to the transfer of a retailer’s authorisation under this Division.\n(sec.103-ssec.8) A transferor or transferee must comply with any conditions imposed on the transferor or transferee under this section.\n- (a) the proposed transferee satisfies the entry criteria; and\n- (b) arrangements relating to the transfer will appropriately manage any issues concerning customers of the proposed transferor.\n- (a) may impose conditions on granting the application; and\n- (b) must fix a time, no later than 6 months after deciding the application, for the transfer to take effect.","sortOrder":182},{"sectionNumber":"sec.104","sectionType":"section","heading":"Application of application process to transfers","content":"### sec.104 Application of application process to transfers\n\nThe AER may determine that specified provisions of Division 2 are to apply in relation to the proposed transferee in the same way as they apply in relation to an application for a retailer authorisation, and those provisions apply accordingly with any necessary modifications.","sortOrder":183},{"sectionNumber":"sec.104A","sectionType":"section","heading":"Change in legal structures","content":"### sec.104A Change in legal structures\n\nFor the purposes of this Division, if a retailer authorisation is held jointly by 2 or more persons as members of a partnership or joint venture, a change in the persons constituting the partnership or joint venture (as the case may be) will be taken to be a transfer of the retailer authorisation.\nThe AER may, in a case where subsection (1) applies—\nrequire that an application be made in accordance with the AER Retailer Authorisation Guidelines (including as to the provision of information); and\napply this Division in relation to any such application according to such modifications as the AER may determine to be appropriate in the circumstances.\ns 104A ins 2012 No. 16 (SA) s 9\n(sec.104A-ssec.1) For the purposes of this Division, if a retailer authorisation is held jointly by 2 or more persons as members of a partnership or joint venture, a change in the persons constituting the partnership or joint venture (as the case may be) will be taken to be a transfer of the retailer authorisation.\n(sec.104A-ssec.2) The AER may, in a case where subsection (1) applies— require that an application be made in accordance with the AER Retailer Authorisation Guidelines (including as to the provision of information); and apply this Division in relation to any such application according to such modifications as the AER may determine to be appropriate in the circumstances. s 104A ins 2012 No. 16 (SA) s 9\n- (a) require that an application be made in accordance with the AER Retailer Authorisation Guidelines (including as to the provision of information); and\n- (b) apply this Division in relation to any such application according to such modifications as the AER may determine to be appropriate in the circumstances.","sortOrder":184},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Surrender of retailer authorisation","content":"## Surrender of retailer authorisation","sortOrder":185},{"sectionNumber":"sec.105","sectionType":"section","heading":"Surrender of retailer authorisation","content":"### sec.105 Surrender of retailer authorisation\n\nA retailer may surrender its retailer authorisation only if the AER has, on the retailer’s application, decided to approve the surrender.\nThe application must provide the information required by the AER Retailer Authorisation Guidelines.\nThe AER may decide to approve the surrender if the AER is satisfied that arrangements relating to the surrender will appropriately manage the transfer of any retail customers.\nIn deciding to approve the surrender of a retailer authorisation, the AER—\nmay, after consulting AEMO, impose conditions for the transfer of customers to another retailer; and\nmust fix a time, no later than 6 months after deciding the application, for the surrender to take effect.\nWithout limitation, a condition may require the surrendering retailer (or former retailer) to abide by specified requirements of energy laws, with any modifications specified in the condition. Any such requirement may continue, to the extent necessary, to apply to the retailer after the surrender of the retailer authorisation.\nThe AER must publish on its website a copy of its decision to approve the surrender of the retailer authorisation, including the reasons and any conditions that are imposed.\nThe AER must advise AEMO and the distributors concerned where a retailer authorisation is surrendered.\nDespite section 38 , the explicit informed consent of a small customer is not required in relation to the surrender of a retailer authorisation under this Division.\nA surrendering retailer (or former retailer) must comply with any conditions imposed on the surrendering retailer (or former retailer) under this section.\nThis subsection is a civil penalty provision.\n(sec.105-ssec.1) A retailer may surrender its retailer authorisation only if the AER has, on the retailer’s application, decided to approve the surrender.\n(sec.105-ssec.2) The application must provide the information required by the AER Retailer Authorisation Guidelines.\n(sec.105-ssec.3) The AER may decide to approve the surrender if the AER is satisfied that arrangements relating to the surrender will appropriately manage the transfer of any retail customers.\n(sec.105-ssec.4) In deciding to approve the surrender of a retailer authorisation, the AER— may, after consulting AEMO, impose conditions for the transfer of customers to another retailer; and must fix a time, no later than 6 months after deciding the application, for the surrender to take effect.\n(sec.105-ssec.5) Without limitation, a condition may require the surrendering retailer (or former retailer) to abide by specified requirements of energy laws, with any modifications specified in the condition. Any such requirement may continue, to the extent necessary, to apply to the retailer after the surrender of the retailer authorisation.\n(sec.105-ssec.6) The AER must publish on its website a copy of its decision to approve the surrender of the retailer authorisation, including the reasons and any conditions that are imposed.\n(sec.105-ssec.7) The AER must advise AEMO and the distributors concerned where a retailer authorisation is surrendered.\n(sec.105-ssec.8) Despite section 38 , the explicit informed consent of a small customer is not required in relation to the surrender of a retailer authorisation under this Division.\n(sec.105-ssec.9) A surrendering retailer (or former retailer) must comply with any conditions imposed on the surrendering retailer (or former retailer) under this section. This subsection is a civil penalty provision.\n- (a) may, after consulting AEMO, impose conditions for the transfer of customers to another retailer; and\n- (b) must fix a time, no later than 6 months after deciding the application, for the surrender to take effect.","sortOrder":186},{"sectionNumber":"sec.106","sectionType":"section","heading":"Transfer of customers following surrender","content":"### sec.106 Transfer of customers following surrender\n\nA person whose retailer authorisation is surrendered must comply with the requirements of conditions imposed for the transfer of the person’s former customers to another retailer.\nThis section is a civil penalty provision.","sortOrder":187},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Revocation of retailer authorisation","content":"## Revocation of retailer authorisation","sortOrder":188},{"sectionNumber":"sec.107","sectionType":"section","heading":"Power to revoke retailer authorisation","content":"### sec.107 Power to revoke retailer authorisation\n\nThe AER may decide to revoke a retailer authorisation in accordance with this Division.\nThe grounds for revocation of a retailer’s authorisation are—\nthat the retailer—\nin the case of electricity—has breached a requirement referred to in section 88 (2) (a) ; or\nin the case of gas—has breached a requirement referred to in section 88 (2) (b) ; or\nthat the AER is satisfied that there has been a material failure by the retailer to meet the obligations of a retailer under the energy laws, which creates a reasonable apprehension that the retailer will not be able to meet its obligations under this Law, the National Regulations or the Rules in the future.\nA retailer authorisation may not be revoked unless the revocation process has been completed.\nThe AER may commence the revocation process in relation to a retailer authorisation if the AER reasonably considers that the grounds for revocation exist.\nThe revocation process is set out in section 120 .\ns 107 amd 2012 No. 16 (SA) s 10 ; 2020 No. 37 (SA) s 37\n(sec.107-ssec.1) The AER may decide to revoke a retailer authorisation in accordance with this Division.\n(sec.107-ssec.2) The grounds for revocation of a retailer’s authorisation are— that the retailer— in the case of electricity—has breached a requirement referred to in section 88 (2) (a) ; or in the case of gas—has breached a requirement referred to in section 88 (2) (b) ; or that the AER is satisfied that there has been a material failure by the retailer to meet the obligations of a retailer under the energy laws, which creates a reasonable apprehension that the retailer will not be able to meet its obligations under this Law, the National Regulations or the Rules in the future.\n(sec.107-ssec.3) A retailer authorisation may not be revoked unless the revocation process has been completed.\n(sec.107-ssec.4) The AER may commence the revocation process in relation to a retailer authorisation if the AER reasonably considers that the grounds for revocation exist.\n- (a) that the retailer— (i) in the case of electricity—has breached a requirement referred to in section 88 (2) (a) ; or (ii) in the case of gas—has breached a requirement referred to in section 88 (2) (b) ; or\n- (i) in the case of electricity—has breached a requirement referred to in section 88 (2) (a) ; or\n- (ii) in the case of gas—has breached a requirement referred to in section 88 (2) (b) ; or\n- (b) that the AER is satisfied that there has been a material failure by the retailer to meet the obligations of a retailer under the energy laws, which creates a reasonable apprehension that the retailer will not be able to meet its obligations under this Law, the National Regulations or the Rules in the future.\n- (i) in the case of electricity—has breached a requirement referred to in section 88 (2) (a) ; or\n- (ii) in the case of gas—has breached a requirement referred to in section 88 (2) (b) ; or","sortOrder":189},{"sectionNumber":"sec.108","sectionType":"section","heading":"Transfer of customers following revocation","content":"### sec.108 Transfer of customers following revocation\n\nA person whose retailer authorisation has been revoked must comply with the requirements of conditions imposed for the transfer to another retailer of the persons who were its customers immediately before the revocation.\nThis section is a civil penalty provision.","sortOrder":190},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Exemptions","content":"## Exemptions","sortOrder":191},{"sectionNumber":"sec.109","sectionType":"section","heading":"Definitions","content":"### sec.109 Definitions\n\nIn this Division—\nexempt customer means a person to whom an exempt seller sells energy and who would be a retail customer of the seller if the seller were a retailer;\nretail customer means a person who is a customer of a retailer.","sortOrder":192},{"sectionNumber":"sec.110","sectionType":"section","heading":"Power to exempt","content":"### sec.110 Power to exempt\n\nThe AER may decide to exempt persons or classes of persons in accordance with the Rules from the requirement to hold a retailer authorisation.\nThere are 3 kinds of exemptions provided for in the Rules, as follows:\nindividual exemptions;\ndeemed exemptions;\nregistrable exemptions (which become registered exemptions in respect of particular persons when the persons are registered under the Rules).\nAn exemption of a class of persons may be made so as to operate (subject to the terms of the exemption)—\nin respect of all the members of the class; or\nin respect only of those members of the class who are, on application, registered in the Public Register of Authorised Retailers and Exempt Sellers in relation to the exemption.\nA person is an exempt seller for the purposes of this Part while an exemption is in force in relation to the person.\n(sec.110-ssec.1) The AER may decide to exempt persons or classes of persons in accordance with the Rules from the requirement to hold a retailer authorisation.\n(sec.110-ssec.2) There are 3 kinds of exemptions provided for in the Rules, as follows: individual exemptions; deemed exemptions; registrable exemptions (which become registered exemptions in respect of particular persons when the persons are registered under the Rules).\n(sec.110-ssec.3) An exemption of a class of persons may be made so as to operate (subject to the terms of the exemption)— in respect of all the members of the class; or in respect only of those members of the class who are, on application, registered in the Public Register of Authorised Retailers and Exempt Sellers in relation to the exemption.\n(sec.110-ssec.4) A person is an exempt seller for the purposes of this Part while an exemption is in force in relation to the person.\n- (a) individual exemptions;\n- (b) deemed exemptions;\n- (c) registrable exemptions (which become registered exemptions in respect of particular persons when the persons are registered under the Rules).\n- (a) in respect of all the members of the class; or\n- (b) in respect only of those members of the class who are, on application, registered in the Public Register of Authorised Retailers and Exempt Sellers in relation to the exemption.","sortOrder":193},{"sectionNumber":"sec.111","sectionType":"section","heading":"Power to revoke exemption","content":"### sec.111 Power to revoke exemption\n\nThe AER may decide to revoke (in relation to a particular exempt seller)—\nan individual exemption; or\nan exemption under a deemed exemption; or\na registered exemption,\nin accordance with this section.\nThe grounds for revocation of an exempt seller’s exemption are that the AER is satisfied that there has been a material failure by the seller to meet the conditions imposed on the exempt seller.\nAn exemption may not be revoked unless the revocation process has been completed.\nThe AER may commence the revocation process in relation to an exempt seller’s exemption if the AER reasonably considers that the grounds for revocation exist.\nThe revocation process is set out in section 120 .\n(sec.111-ssec.1) The AER may decide to revoke (in relation to a particular exempt seller)— an individual exemption; or an exemption under a deemed exemption; or a registered exemption, in accordance with this section.\n(sec.111-ssec.2) The grounds for revocation of an exempt seller’s exemption are that the AER is satisfied that there has been a material failure by the seller to meet the conditions imposed on the exempt seller.\n(sec.111-ssec.3) An exemption may not be revoked unless the revocation process has been completed.\n(sec.111-ssec.4) The AER may commence the revocation process in relation to an exempt seller’s exemption if the AER reasonably considers that the grounds for revocation exist.\n- (a) an individual exemption; or\n- (b) an exemption under a deemed exemption; or\n- (c) a registered exemption,","sortOrder":194},{"sectionNumber":"sec.112","sectionType":"section","heading":"Conditions","content":"### sec.112 Conditions\n\nThe AER may impose conditions on an exempt seller or class of exempt sellers in accordance with the Rules and the AER Exempt Selling Guidelines.\nAn exempt seller must comply with applicable conditions imposed under this section.\nThis subsection is a civil penalty provision.\nThe AER may deal with a breach of a condition imposed under this section as if it were a breach of the Rules.\n(sec.112-ssec.1) The AER may impose conditions on an exempt seller or class of exempt sellers in accordance with the Rules and the AER Exempt Selling Guidelines.\n(sec.112-ssec.2) An exempt seller must comply with applicable conditions imposed under this section. This subsection is a civil penalty provision.\n(sec.112-ssec.3) The AER may deal with a breach of a condition imposed under this section as if it were a breach of the Rules.","sortOrder":195},{"sectionNumber":"sec.113","sectionType":"section","heading":"Rules","content":"### sec.113 Rules\n\nThe Rules may make provision for or with respect to—\nthe exemption of persons or classes of persons from the requirement to hold a retailer authorisation; and\nthe variation or revocation of exemptions.\n- (a) the exemption of persons or classes of persons from the requirement to hold a retailer authorisation; and\n- (b) the variation or revocation of exemptions.","sortOrder":196},{"sectionNumber":"sec.114","sectionType":"section","heading":"Manner in which AER performs AER exempt selling regulatory functions or powers","content":"### sec.114 Manner in which AER performs AER exempt selling regulatory functions or powers\n\nThe AER must, in performing or exercising an AER exempt selling regulatory function or power, take into account the following policy principles:\nregulatory arrangements for exempt sellers should not unnecessarily diverge from those applying to retailers;\nexempt customers should, as far as practicable, be afforded the right to a choice of retailer in the same way as comparable retail customers in the same jurisdiction have that right;\nexempt customers should, as far as practicable, not be denied customer protections afforded to retail customers under this Law and the Rules.\nThe AER may, in performing or exercising an AER exempt selling regulatory function or power, take into account—\nthe exempt seller related factors (see section 115 ); and\nthe customer related factors (see section 116 ),\nif the AER considers it appropriate to do so.\nThe AER may give such weight to any aspect of the policy principles, the exempt seller related factors and the customer related factors as it considers appropriate in all the circumstances.\n(sec.114-ssec.1) The AER must, in performing or exercising an AER exempt selling regulatory function or power, take into account the following policy principles: regulatory arrangements for exempt sellers should not unnecessarily diverge from those applying to retailers; exempt customers should, as far as practicable, be afforded the right to a choice of retailer in the same way as comparable retail customers in the same jurisdiction have that right; exempt customers should, as far as practicable, not be denied customer protections afforded to retail customers under this Law and the Rules.\n(sec.114-ssec.2) The AER may, in performing or exercising an AER exempt selling regulatory function or power, take into account— the exempt seller related factors (see section 115 ); and the customer related factors (see section 116 ), if the AER considers it appropriate to do so.\n(sec.114-ssec.3) The AER may give such weight to any aspect of the policy principles, the exempt seller related factors and the customer related factors as it considers appropriate in all the circumstances.\n- (a) regulatory arrangements for exempt sellers should not unnecessarily diverge from those applying to retailers;\n- (b) exempt customers should, as far as practicable, be afforded the right to a choice of retailer in the same way as comparable retail customers in the same jurisdiction have that right;\n- (c) exempt customers should, as far as practicable, not be denied customer protections afforded to retail customers under this Law and the Rules.\n- (a) the exempt seller related factors (see section 115 ); and\n- (b) the customer related factors (see section 116 ),","sortOrder":197},{"sectionNumber":"sec.115","sectionType":"section","heading":"Exempt seller related factors","content":"### sec.115 Exempt seller related factors\n\nThe exempt seller related factors are as follows:\nwhether selling energy is or will be a core part of the exempt seller’s business or incidental to that business;\nwhether the exempt seller’s circumstances demonstrate specific characteristics that may warrant exemption;\nwhether the exempt seller is intending to profit from the arrangement;\nwhether the amount of energy likely to be sold by the exempt seller is significant in relation to national energy markets;\nthe extent to which the imposition of conditions on an exemption, or to which the requirements of other laws, would allow appropriate obligations to govern the applicant’s behaviour rather than requiring the applicant to obtain a retailer authorisation;\nthe likely cost of obtaining a retailer authorisation and of complying with this Law and the Rules as a retailer compared to the likely benefits to the exempt customers of the exempt seller;\nany other seller related matter the AER considers relevant.\nIn this section—\nexempt seller includes an applicant for an exemption under this Division.\n(sec.115-ssec.1) The exempt seller related factors are as follows: whether selling energy is or will be a core part of the exempt seller’s business or incidental to that business; whether the exempt seller’s circumstances demonstrate specific characteristics that may warrant exemption; whether the exempt seller is intending to profit from the arrangement; whether the amount of energy likely to be sold by the exempt seller is significant in relation to national energy markets; the extent to which the imposition of conditions on an exemption, or to which the requirements of other laws, would allow appropriate obligations to govern the applicant’s behaviour rather than requiring the applicant to obtain a retailer authorisation; the likely cost of obtaining a retailer authorisation and of complying with this Law and the Rules as a retailer compared to the likely benefits to the exempt customers of the exempt seller; any other seller related matter the AER considers relevant.\n(sec.115-ssec.2) In this section— exempt seller includes an applicant for an exemption under this Division.\n- (a) whether selling energy is or will be a core part of the exempt seller’s business or incidental to that business;\n- (b) whether the exempt seller’s circumstances demonstrate specific characteristics that may warrant exemption;\n- (c) whether the exempt seller is intending to profit from the arrangement;\n- (d) whether the amount of energy likely to be sold by the exempt seller is significant in relation to national energy markets;\n- (e) the extent to which the imposition of conditions on an exemption, or to which the requirements of other laws, would allow appropriate obligations to govern the applicant’s behaviour rather than requiring the applicant to obtain a retailer authorisation;\n- (f) the likely cost of obtaining a retailer authorisation and of complying with this Law and the Rules as a retailer compared to the likely benefits to the exempt customers of the exempt seller;\n- (g) any other seller related matter the AER considers relevant.","sortOrder":198},{"sectionNumber":"sec.116","sectionType":"section","heading":"Customer related factors","content":"### sec.116 Customer related factors\n\nThe customer related factors are as follows:\nwhether the characteristics of the exempt customers or the circumstances in which energy is to be sold to them by the applicant are such as to warrant exemption;\nthe extent to which the imposition of conditions on an exemption, or to which the requirements of other laws, would allow the exempt customers access to appropriate rights and protections rather than requiring the applicant to obtain a retailer authorisation;\nany other customer related matter the AER considers relevant.\n- (a) whether the characteristics of the exempt customers or the circumstances in which energy is to be sold to them by the applicant are such as to warrant exemption;\n- (b) the extent to which the imposition of conditions on an exemption, or to which the requirements of other laws, would allow the exempt customers access to appropriate rights and protections rather than requiring the applicant to obtain a retailer authorisation;\n- (c) any other customer related matter the AER considers relevant.","sortOrder":199},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":200},{"sectionNumber":"sec.117","sectionType":"section","heading":"AER Retailer Authorisation Guidelines","content":"### sec.117 AER Retailer Authorisation Guidelines\n\nThe AER must make guidelines ( AER Retailer Authorisation Guidelines ) in accordance with the retail consultation procedure—\nspecifying information that is required to be included in an application for a retailer authorisation; and\nindicating, for the guidance of applicants for retailer authorisations, how the AER will apply the entry criteria for an applicant for a retailer authorisation; and\nproviding, for the guidance of the holders of retailer authorisations, information about—\nthe surrender or transfer of retailer authorisations; and\nthe revocation of retailer authorisations; and\nconcerning any other matters specified in the Rules.\nThe AER may amend the AER Retailer Authorisation Guidelines in accordance with the retail consultation procedure.\n(sec.117-ssec.1) The AER must make guidelines ( AER Retailer Authorisation Guidelines ) in accordance with the retail consultation procedure— specifying information that is required to be included in an application for a retailer authorisation; and indicating, for the guidance of applicants for retailer authorisations, how the AER will apply the entry criteria for an applicant for a retailer authorisation; and providing, for the guidance of the holders of retailer authorisations, information about— the surrender or transfer of retailer authorisations; and the revocation of retailer authorisations; and concerning any other matters specified in the Rules.\n(sec.117-ssec.2) The AER may amend the AER Retailer Authorisation Guidelines in accordance with the retail consultation procedure.\n- (a) specifying information that is required to be included in an application for a retailer authorisation; and\n- (b) indicating, for the guidance of applicants for retailer authorisations, how the AER will apply the entry criteria for an applicant for a retailer authorisation; and\n- (c) providing, for the guidance of the holders of retailer authorisations, information about— (i) the surrender or transfer of retailer authorisations; and (ii) the revocation of retailer authorisations; and\n- (i) the surrender or transfer of retailer authorisations; and\n- (ii) the revocation of retailer authorisations; and\n- (d) concerning any other matters specified in the Rules.\n- (i) the surrender or transfer of retailer authorisations; and\n- (ii) the revocation of retailer authorisations; and","sortOrder":201},{"sectionNumber":"sec.118","sectionType":"section","heading":"AER Exempt Selling Guidelines","content":"### sec.118 AER Exempt Selling Guidelines\n\nThe AER must, in accordance with the Rules, develop and maintain guidelines ( AER Exempt Selling Guidelines ) in accordance with the retail consultation procedure—\nproviding information about exemptions from the requirement to hold a retailer authorisation; and\nconcerning any other matters specified in the Rules.\nThe Rules may make provision for or with respect to the AER Exempt Selling Guidelines.\nThe AER may amend the AER Exempt Selling Guidelines in accordance with the retail consultation procedure.\n(sec.118-ssec.1) The AER must, in accordance with the Rules, develop and maintain guidelines ( AER Exempt Selling Guidelines ) in accordance with the retail consultation procedure— providing information about exemptions from the requirement to hold a retailer authorisation; and concerning any other matters specified in the Rules.\n(sec.118-ssec.2) The Rules may make provision for or with respect to the AER Exempt Selling Guidelines.\n(sec.118-ssec.3) The AER may amend the AER Exempt Selling Guidelines in accordance with the retail consultation procedure.\n- (a) providing information about exemptions from the requirement to hold a retailer authorisation; and\n- (b) concerning any other matters specified in the Rules.","sortOrder":202},{"sectionNumber":"sec.119","sectionType":"section","heading":"Public Register of Authorised Retailers and Exempt Sellers","content":"### sec.119 Public Register of Authorised Retailers and Exempt Sellers\n\nThe AER must maintain, and publish on its website, a Public Register of Authorised Retailers and Exempt Sellers, which—\nmust include particulars of authorised retailers and exempt sellers, and other particulars, as required by the Rules; and\nmay include other particulars or information as permitted by the Rules.\n- (a) must include particulars of authorised retailers and exempt sellers, and other particulars, as required by the Rules; and\n- (b) may include other particulars or information as permitted by the Rules.","sortOrder":203},{"sectionNumber":"sec.120","sectionType":"section","heading":"Revocation process—retailer authorisations and exemptions","content":"### sec.120 Revocation process—retailer authorisations and exemptions\n\nThis section sets out the revocation process in relation to a retailer authorisation or an exempt seller’s exemption (see sections 107 and 111 ), and in this section—\nthe term holder refers to the retailer or exempt seller; and\nthe term authorisation refers to the retailer’s retailer authorisation; and\nthe term exemption refers to the exempt seller’s exemption.\nThe AER must give the holder a notice that it intends to revoke the authorisation or exemption.\nThe notice must set out the reasons why the AER considers that the grounds for revocation exist.\nThe notice must request the holder to respond to the notice in writing (by a date and time specified in the notice, being a date not less than 10 business days after the date of service of the notice) by doing either or both of the following:\nshowing cause why the AER should not revoke the authorisation or exemption;\nstating how the holder proposes to address the matters set out in the notice.\nIf, by the date and time referred to in the notice, the holder has not shown sufficient cause why the AER should not revoke the authorisation or exemption, the AER may revoke the authorisation or exemption if—\nthe holder has, by that date and time, stated how the holder proposes to address the matters set out in the notice but the AER is not satisfied that the holder can rectify the matters set out in the notice; or\nthe holder has, by that date and time, failed to state how the holder proposes to address the matters set out in the notice.\nWithout limiting subsection (5) , the AER may revoke the authorisation or exemption if—\nthe holder has, by the date and time referred to in the notice, informed the AER how the holder proposes to address the matters set out in the notice (including the date by which those matters will have been addressed); and\nthe holder fails to rectify those matters after being given a reasonable opportunity to do so or otherwise by the date nominated by the holder under paragraph (a) .\nThe AER—\nmust fix a time for the revocation to take effect; and\nmay, after consulting AEMO, impose conditions on the transfer of customers to another retailer or exempt seller.\nWithout limitation, a condition may require the holder (or former holder) to comply with specified requirements of energy laws, with any modifications specified in the condition. Any such requirement may continue, to the extent necessary, to apply to the holder (or former holder) after the revocation of the authorisation or exemption.\nThe AER must publish on its website a copy of its decision to revoke the authorisation or exemption, including the reasons and any conditions that are imposed.\nThe AER must advise AEMO and the distributors concerned where an authorisation or exemption is revoked.\nA holder (or former holder) must comply with any conditions imposed on the holder (or former holder) under this section.\nThis subsection is a civil penalty provision.\n(sec.120-ssec.1) This section sets out the revocation process in relation to a retailer authorisation or an exempt seller’s exemption (see sections 107 and 111 ), and in this section— the term holder refers to the retailer or exempt seller; and the term authorisation refers to the retailer’s retailer authorisation; and the term exemption refers to the exempt seller’s exemption.\n(sec.120-ssec.2) The AER must give the holder a notice that it intends to revoke the authorisation or exemption.\n(sec.120-ssec.3) The notice must set out the reasons why the AER considers that the grounds for revocation exist.\n(sec.120-ssec.4) The notice must request the holder to respond to the notice in writing (by a date and time specified in the notice, being a date not less than 10 business days after the date of service of the notice) by doing either or both of the following: showing cause why the AER should not revoke the authorisation or exemption; stating how the holder proposes to address the matters set out in the notice.\n(sec.120-ssec.5) If, by the date and time referred to in the notice, the holder has not shown sufficient cause why the AER should not revoke the authorisation or exemption, the AER may revoke the authorisation or exemption if— the holder has, by that date and time, stated how the holder proposes to address the matters set out in the notice but the AER is not satisfied that the holder can rectify the matters set out in the notice; or the holder has, by that date and time, failed to state how the holder proposes to address the matters set out in the notice.\n(sec.120-ssec.6) Without limiting subsection (5) , the AER may revoke the authorisation or exemption if— the holder has, by the date and time referred to in the notice, informed the AER how the holder proposes to address the matters set out in the notice (including the date by which those matters will have been addressed); and the holder fails to rectify those matters after being given a reasonable opportunity to do so or otherwise by the date nominated by the holder under paragraph (a) .\n(sec.120-ssec.7) The AER— must fix a time for the revocation to take effect; and may, after consulting AEMO, impose conditions on the transfer of customers to another retailer or exempt seller.\n(sec.120-ssec.8) Without limitation, a condition may require the holder (or former holder) to comply with specified requirements of energy laws, with any modifications specified in the condition. Any such requirement may continue, to the extent necessary, to apply to the holder (or former holder) after the revocation of the authorisation or exemption.\n(sec.120-ssec.9) The AER must publish on its website a copy of its decision to revoke the authorisation or exemption, including the reasons and any conditions that are imposed.\n(sec.120-ssec.10) The AER must advise AEMO and the distributors concerned where an authorisation or exemption is revoked.\n(sec.120-ssec.11) A holder (or former holder) must comply with any conditions imposed on the holder (or former holder) under this section. This subsection is a civil penalty provision.\n- (a) the term holder refers to the retailer or exempt seller; and\n- (b) the term authorisation refers to the retailer’s retailer authorisation; and\n- (c) the term exemption refers to the exempt seller’s exemption.\n- (a) showing cause why the AER should not revoke the authorisation or exemption;\n- (b) stating how the holder proposes to address the matters set out in the notice.\n- (a) the holder has, by that date and time, stated how the holder proposes to address the matters set out in the notice but the AER is not satisfied that the holder can rectify the matters set out in the notice; or\n- (b) the holder has, by that date and time, failed to state how the holder proposes to address the matters set out in the notice.\n- (a) the holder has, by the date and time referred to in the notice, informed the AER how the holder proposes to address the matters set out in the notice (including the date by which those matters will have been addressed); and\n- (b) the holder fails to rectify those matters after being given a reasonable opportunity to do so or otherwise by the date nominated by the holder under paragraph (a) .\n- (a) must fix a time for the revocation to take effect; and\n- (b) may, after consulting AEMO, impose conditions on the transfer of customers to another retailer or exempt seller.","sortOrder":204},{"sectionNumber":"pt.5A","sectionType":"part","heading":"AER trial waiver functions","content":"# AER trial waiver functions","sortOrder":205},{"sectionNumber":"sec.121A","sectionType":"section","heading":"Definitions","content":"### sec.121A Definitions\n\nIn this Part—\nproponent —see section 121C (1) .\ns 121A ins 2022 No. 22 (SA) s 20","sortOrder":206},{"sectionNumber":"sec.121B","sectionType":"section","heading":"Interpretative matters","content":"### sec.121B Interpretative matters\n\nThe functions of the AER under this Part are the AER trial waiver functions .\nThis Part does not limit any other provision of this Law or the Rules that provides for an exemption from, or for the waiver of, compliance with this Law or the Rules.\ns 121B ins 2022 No. 22 (SA) s 20\n(sec.121B-ssec.1) The functions of the AER under this Part are the AER trial waiver functions .\n(sec.121B-ssec.2) This Part does not limit any other provision of this Law or the Rules that provides for an exemption from, or for the waiver of, compliance with this Law or the Rules.","sortOrder":207},{"sectionNumber":"sec.121C","sectionType":"section","heading":"Trial waiver","content":"### sec.121C Trial waiver\n\nSubject to this section, the AER may, on application by a person or body that proposes to undertake a trial project (a proponent ), make a determination to grant the proponent an exemption (a trial waiver ) from 1 or more of the following—\nsection 88 of this Law;\nthe Rules, or a provision of the Rules.\nBefore making a determination to grant a trial waiver, the AER must have regard to the innovative trial principles and any matter required by the Rules.\nAn application for a trial waiver must be made in accordance with the Rules.\ns 121C ins 2022 No. 22 (SA) s 20\n(sec.121C-ssec.1) Subject to this section, the AER may, on application by a person or body that proposes to undertake a trial project (a proponent ), make a determination to grant the proponent an exemption (a trial waiver ) from 1 or more of the following— section 88 of this Law; the Rules, or a provision of the Rules.\n(sec.121C-ssec.2) Before making a determination to grant a trial waiver, the AER must have regard to the innovative trial principles and any matter required by the Rules.\n(sec.121C-ssec.3) An application for a trial waiver must be made in accordance with the Rules.\n- (a) section 88 of this Law;\n- (b) the Rules, or a provision of the Rules.","sortOrder":208},{"sectionNumber":"sec.121D","sectionType":"section","heading":"Conditions of trial waiver","content":"### sec.121D Conditions of trial waiver\n\nA trial waiver must be in writing and—\nmust be subject to any conditions required by the Rules; and\nmay be subject to any conditions the AER considers appropriate.\nThe AER may vary or revoke a condition of a trial waiver in accordance with the Rules.\ns 121D ins 2022 No. 22 (SA) s 20\n(sec.121D-ssec.1) A trial waiver must be in writing and— must be subject to any conditions required by the Rules; and may be subject to any conditions the AER considers appropriate.\n(sec.121D-ssec.2) The AER may vary or revoke a condition of a trial waiver in accordance with the Rules.\n- (a) must be subject to any conditions required by the Rules; and\n- (b) may be subject to any conditions the AER considers appropriate.","sortOrder":209},{"sectionNumber":"sec.121E","sectionType":"section","heading":"Consultation on trial waiver","content":"### sec.121E Consultation on trial waiver\n\nBefore granting a trial waiver, the AER must—\ncomply with any requirements specified by the Rules; and\nundertake consultation (including with the proponent) in accordance with the Rules.\ns 121E ins 2022 No. 22 (SA) s 20\n- (a) comply with any requirements specified by the Rules; and\n- (b) undertake consultation (including with the proponent) in accordance with the Rules.","sortOrder":210},{"sectionNumber":"sec.121F","sectionType":"section","heading":"Publication etc of trial waiver","content":"### sec.121F Publication etc of trial waiver\n\nAs soon as practicable after a trial waiver is made, a copy of the trial waiver must be published on the AER’s website.\ns 121F ins 2022 No. 22 (SA) s 20","sortOrder":211},{"sectionNumber":"sec.121G","sectionType":"section","heading":"Duration of trial waiver","content":"### sec.121G Duration of trial waiver\n\nSubject to this Part, a trial waiver has effect from the day specified in the trial waiver and for the period (not exceeding 5 years) specified in the trial waiver.\ns 121G ins 2022 No. 22 (SA) s 20","sortOrder":212},{"sectionNumber":"sec.121H","sectionType":"section","heading":"Extension of trial waiver","content":"### sec.121H Extension of trial waiver\n\nThe AER may, in accordance with the Rules, extend the period for which a trial waiver granted under this Part has effect by a period determined by the AER (which cannot exceed the period prescribed by the National Regulations).\nBefore granting an extension under subsection (1) , the AER must have regard to the innovative trial principles and any matter required by the Rules.\nAn extension under subsection (1) must be in writing and must be published on the AER’s website.\nAn extension under subsection (1) may only be granted once in respect of a trial waiver granted under this Part.\ns 121H ins 2022 No. 22 (SA) s 20\n(sec.121H-ssec.1) The AER may, in accordance with the Rules, extend the period for which a trial waiver granted under this Part has effect by a period determined by the AER (which cannot exceed the period prescribed by the National Regulations).\n(sec.121H-ssec.2) Before granting an extension under subsection (1) , the AER must have regard to the innovative trial principles and any matter required by the Rules.\n(sec.121H-ssec.3) An extension under subsection (1) must be in writing and must be published on the AER’s website.\n(sec.121H-ssec.4) An extension under subsection (1) may only be granted once in respect of a trial waiver granted under this Part.","sortOrder":213},{"sectionNumber":"sec.121I","sectionType":"section","heading":"Compliance with trial waiver","content":"### sec.121I Compliance with trial waiver\n\nA proponent granted a trial waiver must comply with any conditions to which the trial waiver is subject.\nIf a proponent breaches subsection (1) , the AER may—\nrevoke the trial waiver; or\nvary or revoke a condition of, or impose further conditions on, the trial waiver.\nNothing in this section limits section 121J .\ns 121I ins 2022 No. 22 (SA) s 20\n(sec.121I-ssec.1) A proponent granted a trial waiver must comply with any conditions to which the trial waiver is subject.\n(sec.121I-ssec.2) If a proponent breaches subsection (1) , the AER may— revoke the trial waiver; or vary or revoke a condition of, or impose further conditions on, the trial waiver.\n(sec.121I-ssec.3) Nothing in this section limits section 121J .\n- (a) revoke the trial waiver; or\n- (b) vary or revoke a condition of, or impose further conditions on, the trial waiver.","sortOrder":214},{"sectionNumber":"sec.121J","sectionType":"section","heading":"Revocation of trial waiver","content":"### sec.121J Revocation of trial waiver\n\nThe AER may, in accordance with the Rules, revoke a trial waiver granted under this Part.\ns 121J ins 2022 No. 22 (SA) s 20","sortOrder":215},{"sectionNumber":"sec.121K","sectionType":"section","heading":"Other matters","content":"### sec.121K Other matters\n\nThe AER must not grant a trial waiver if the AER reasonably considers—\nthat the trial project for which the trial waiver is sought is materially similar to a trial project—\nfor which a trial Rule has been made; or\nthat is the subject of a request under section 243 (1) for the making of a trial Rule; or\nthat the trial project is unlikely to be carried out.\nThe AER cannot grant itself a trial waiver.\ns 121K ins 2022 No. 22 (SA) s 20\n(sec.121K-ssec.1) The AER must not grant a trial waiver if the AER reasonably considers— that the trial project for which the trial waiver is sought is materially similar to a trial project— for which a trial Rule has been made; or that is the subject of a request under section 243 (1) for the making of a trial Rule; or that the trial project is unlikely to be carried out.\n(sec.121K-ssec.2) The AER cannot grant itself a trial waiver.\n- (a) that the trial project for which the trial waiver is sought is materially similar to a trial project— (i) for which a trial Rule has been made; or (ii) that is the subject of a request under section 243 (1) for the making of a trial Rule; or\n- (i) for which a trial Rule has been made; or\n- (ii) that is the subject of a request under section 243 (1) for the making of a trial Rule; or\n- (b) that the trial project is unlikely to be carried out.\n- (i) for which a trial Rule has been made; or\n- (ii) that is the subject of a request under section 243 (1) for the making of a trial Rule; or","sortOrder":216},{"sectionNumber":"pt.6","sectionType":"part","heading":"Retailer of last resort scheme","content":"# Retailer of last resort scheme","sortOrder":217},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":218},{"sectionNumber":"sec.121","sectionType":"section","heading":"Purpose of this Part","content":"### sec.121 Purpose of this Part\n\nThis Part establishes a retailer of last resort scheme (the RoLR scheme ).","sortOrder":219},{"sectionNumber":"sec.121AA","sectionType":"section","heading":"Additional Queensland provision about application to distribution systems of Ergon Energy Distribution","content":"### sec.121AA Additional Queensland provision about application to distribution systems of Ergon Energy Distribution\n\nThis Part does not apply in relation to a distribution system for which Ergon Energy Distribution is the nominated distributor.\nThis section is an additional Queensland provision.\nThis section was originally inserted as section 121A and then renumbered as section 121AA .\ns 121AA ins 2014 No. 49 (Qld) s 4 sch s 23\namd 2024 No. 15 (Qld) s 188\n- 1 This section is an additional Queensland provision.\n- 2 This section was originally inserted as section 121A and then renumbered as section 121AA .","sortOrder":220},{"sectionNumber":"sec.122","sectionType":"section","heading":"Definitions","content":"### sec.122 Definitions\n\nIn this Part—\nadditional RoLR —see section 126 ;\nAER RoLR Guidelines —see section 135 ;\napplicable access arrangement means an applicable access arrangement within the meaning of the NGL;\nconnection point has the same meaning as it has in the NER;\ndefault RoLR means a retailer appointed and registered as a default RoLR under Division 2 ;\ndesignated RoLR means a registered RoLR who is appointed or is taken to be appointed as a designated RoLR under Division 4 for a RoLR event;\ndistribution determination means a distribution determination within the meaning of the NEL;\nfailed retailer —\ngenerally, means a retailer or former retailer in relation to whom a RoLR event has occurred; but\nfor gas, does not include a retailer or former retailer who sells gas to more than 15% of the small gas customers in Queensland;\nThis definition is a substituted Queensland provision.\ns 122 def failed retailer sub 2014 No. 49 (Qld) s 4 sch s 24\nfinancial information —see section 130 (4) (a) ;\ninsolvency official means a receiver, receiver and manager, administrator, provisional liquidator, liquidator, trustee in bankruptcy or person having a similar or analogous function;\nmember of its marketing staff , in relation to a RoLR, means a person who is an officer, employee, consultant, independent contractor or agent of the RoLR and who is directly involved in the sale, marketing or advertising of customer retail services provided by the RoLR, but does not include such a person if—\nthe person’s function or role is only to provide technical, administrative, legal or accounting services; or\nthe sale, marketing or advertising of those services is only an incidental part of the person’s function or role;\nregistered RoLR means a retailer registered as a RoLR under section 127 ;\nrelevant designated RoLR for a customer, in relation to a RoLR event, means—\nif only one RoLR is designated for the event—that RoLR; or\nif more than one RoLR is designated for the event—the RoLR allocated to the customer;\nRoLR means a retailer of last resort;\nRoLR cost recovery scheme —see Division 9 ;\nRoLR cost recovery scheme distributor payment determination —see section 167 ;\nRoLR criteria —see section 123 ;\nRoLR event , in relation to a retailer, means any of the following events or circumstances:\nthe revocation of the retailer’s retailer authorisation;\nin the case of electricity—\nthe right of the retailer to acquire electricity from the wholesale exchange is suspended; or\nthe retailer ceases to be a Registered participant in relation to the purchase of electricity directly through the wholesale exchange, as required by section 11 (4) of the NEL;\nin the case of gas—\nthe right of the retailer to acquire gas either in the declared wholesale gas market or in the short term trading market is suspended; or\nthe retailer’s registration as a Registered participant, in relation to the declared wholesale gas market or a short term trading market, is revoked; or\nwhere there is no declared wholesale gas market or short term trading market, the retailer’s registration as a Registered participant in a retail gas market is revoked;\nan insolvency official is appointed in respect of the retailer or any property of the retailer;\nan order is made for the winding up of the retailer or a resolution is passed for the winding up of the retailer;\nthe cessation of the sale of energy by the retailer to customers, otherwise than by—\ntransfer of its retailer authorisation in accordance with Division 3 of Part 5 ; or\nsurrender of its retailer authorisation in accordance with Division 4 of Part 5 ; or\ntransfer of all or some of its customers to another retailer; or\nselling or otherwise disposing in whole or in part its business of the sale of energy (being the activity to which the retailer’s authorisation relates) to another retailer;\nany other event or circumstance prescribed by the National Regulations;\nRoLR notice —see section 136 ;\nRoLR Procedures —see section 144 ;\nRoLR register EoI —see section 124 ;\nRoLR regulatory information notice —see section 151 ;\nRoLR scheme means the scheme constituted by—\nthis Part; and\nthe RoLR Procedures; and\nthe National Regulations;\ntransfer date for the customers of a failed retailer—see section 136 (2) (e) ;\nwholesale exchange for electricity means the wholesale exchange operated and administered by AEMO under the NEL and NER.\n- (a) generally, means a retailer or former retailer in relation to whom a RoLR event has occurred; but\n- (b) for gas, does not include a retailer or former retailer who sells gas to more than 15% of the small gas customers in Queensland;\n- (a) the person’s function or role is only to provide technical, administrative, legal or accounting services; or\n- (b) the sale, marketing or advertising of those services is only an incidental part of the person’s function or role;\n- (a) if only one RoLR is designated for the event—that RoLR; or\n- (b) if more than one RoLR is designated for the event—the RoLR allocated to the customer;\n- (a) the revocation of the retailer’s retailer authorisation;\n- (b) in the case of electricity— (i) the right of the retailer to acquire electricity from the wholesale exchange is suspended; or (ii) the retailer ceases to be a Registered participant in relation to the purchase of electricity directly through the wholesale exchange, as required by section 11 (4) of the NEL;\n- (i) the right of the retailer to acquire electricity from the wholesale exchange is suspended; or\n- (ii) the retailer ceases to be a Registered participant in relation to the purchase of electricity directly through the wholesale exchange, as required by section 11 (4) of the NEL;\n- (c) in the case of gas— (i) the right of the retailer to acquire gas either in the declared wholesale gas market or in the short term trading market is suspended; or (ii) the retailer’s registration as a Registered participant, in relation to the declared wholesale gas market or a short term trading market, is revoked; or (iii) where there is no declared wholesale gas market or short term trading market, the retailer’s registration as a Registered participant in a retail gas market is revoked;\n- (i) the right of the retailer to acquire gas either in the declared wholesale gas market or in the short term trading market is suspended; or\n- (ii) the retailer’s registration as a Registered participant, in relation to the declared wholesale gas market or a short term trading market, is revoked; or\n- (iii) where there is no declared wholesale gas market or short term trading market, the retailer’s registration as a Registered participant in a retail gas market is revoked;\n- (d) an insolvency official is appointed in respect of the retailer or any property of the retailer;\n- (e) an order is made for the winding up of the retailer or a resolution is passed for the winding up of the retailer;\n- (f) the cessation of the sale of energy by the retailer to customers, otherwise than by— (i) transfer of its retailer authorisation in accordance with Division 3 of Part 5 ; or (ii) surrender of its retailer authorisation in accordance with Division 4 of Part 5 ; or (iii) transfer of all or some of its customers to another retailer; or (iv) selling or otherwise disposing in whole or in part its business of the sale of energy (being the activity to which the retailer’s authorisation relates) to another retailer;\n- (i) transfer of its retailer authorisation in accordance with Division 3 of Part 5 ; or\n- (ii) surrender of its retailer authorisation in accordance with Division 4 of Part 5 ; or\n- (iii) transfer of all or some of its customers to another retailer; or\n- (iv) selling or otherwise disposing in whole or in part its business of the sale of energy (being the activity to which the retailer’s authorisation relates) to another retailer;\n- (g) any other event or circumstance prescribed by the National Regulations;\n- (i) the right of the retailer to acquire electricity from the wholesale exchange is suspended; or\n- (ii) the retailer ceases to be a Registered participant in relation to the purchase of electricity directly through the wholesale exchange, as required by section 11 (4) of the NEL;\n- (i) the right of the retailer to acquire gas either in the declared wholesale gas market or in the short term trading market is suspended; or\n- (ii) the retailer’s registration as a Registered participant, in relation to the declared wholesale gas market or a short term trading market, is revoked; or\n- (iii) where there is no declared wholesale gas market or short term trading market, the retailer’s registration as a Registered participant in a retail gas market is revoked;\n- (i) transfer of its retailer authorisation in accordance with Division 3 of Part 5 ; or\n- (ii) surrender of its retailer authorisation in accordance with Division 4 of Part 5 ; or\n- (iii) transfer of all or some of its customers to another retailer; or\n- (iv) selling or otherwise disposing in whole or in part its business of the sale of energy (being the activity to which the retailer’s authorisation relates) to another retailer;\n- (a) this Part; and\n- (b) the RoLR Procedures; and\n- (c) the National Regulations;","sortOrder":221},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Registration of RoLRs","content":"## Registration of RoLRs","sortOrder":222},{"sectionNumber":"sec.123","sectionType":"section","heading":"RoLR criteria","content":"### sec.123 RoLR criteria\n\nThe RoLR criteria in relation to a retailer are as follows:\nthe organisational and technical capacity criterion—the extent to which the retailer has the necessary organisational and technical capacity to meet the obligations of a RoLR, either by—\nhaving adequate systems in place for that purpose; or\nbeing able to implement adequate systems in a timely manner for that purpose;\nthe financial resources criterion—the extent to which the retailer has adequate resources or access to adequate resources so that it will have the financial viability and financial capacity to meet the obligations of a RoLR;\nOne matter to take into consideration under this criteria may be whether a retailer has hedging contracts adequate for it to be a RoLR.\nthe suitability criterion—whether the retailer is a suitable person to be a RoLR, taking into consideration—\nthe number of customers the retailer has; and\nthe class or classes of customers the retailer has; and\nthe area or areas that the retailer currently serves; and\nin the case of gas and where there is no declared wholesale gas market or short term trading market—whether and to what extent the retailer has—\ngas available to it by means of a distribution pipeline; and\ncapacity available to it on that distribution pipeline and any relevant transmission pipeline,\nsufficient for it to be a RoLR;\nany other relevant matters specified in the energy laws;\nany other matters the AER considers relevant in the circumstances.\nIn this section, transmission pipeline and distribution pipeline have the same meanings as they have in the NGL.\n(sec.123-ssec.1) The RoLR criteria in relation to a retailer are as follows: the organisational and technical capacity criterion—the extent to which the retailer has the necessary organisational and technical capacity to meet the obligations of a RoLR, either by— having adequate systems in place for that purpose; or being able to implement adequate systems in a timely manner for that purpose; the financial resources criterion—the extent to which the retailer has adequate resources or access to adequate resources so that it will have the financial viability and financial capacity to meet the obligations of a RoLR; One matter to take into consideration under this criteria may be whether a retailer has hedging contracts adequate for it to be a RoLR. the suitability criterion—whether the retailer is a suitable person to be a RoLR, taking into consideration— the number of customers the retailer has; and the class or classes of customers the retailer has; and the area or areas that the retailer currently serves; and in the case of gas and where there is no declared wholesale gas market or short term trading market—whether and to what extent the retailer has— gas available to it by means of a distribution pipeline; and capacity available to it on that distribution pipeline and any relevant transmission pipeline, sufficient for it to be a RoLR; any other relevant matters specified in the energy laws; any other matters the AER considers relevant in the circumstances.\n(sec.123-ssec.2) In this section, transmission pipeline and distribution pipeline have the same meanings as they have in the NGL.\n- (a) the organisational and technical capacity criterion—the extent to which the retailer has the necessary organisational and technical capacity to meet the obligations of a RoLR, either by— (i) having adequate systems in place for that purpose; or (ii) being able to implement adequate systems in a timely manner for that purpose;\n- (i) having adequate systems in place for that purpose; or\n- (ii) being able to implement adequate systems in a timely manner for that purpose;\n- (b) the financial resources criterion—the extent to which the retailer has adequate resources or access to adequate resources so that it will have the financial viability and financial capacity to meet the obligations of a RoLR; Note— One matter to take into consideration under this criteria may be whether a retailer has hedging contracts adequate for it to be a RoLR.\n- (c) the suitability criterion—whether the retailer is a suitable person to be a RoLR, taking into consideration— (i) the number of customers the retailer has; and (ii) the class or classes of customers the retailer has; and (iii) the area or areas that the retailer currently serves; and (iv) in the case of gas and where there is no declared wholesale gas market or short term trading market—whether and to what extent the retailer has— (A) gas available to it by means of a distribution pipeline; and (B) capacity available to it on that distribution pipeline and any relevant transmission pipeline, sufficient for it to be a RoLR;\n- (i) the number of customers the retailer has; and\n- (ii) the class or classes of customers the retailer has; and\n- (iii) the area or areas that the retailer currently serves; and\n- (iv) in the case of gas and where there is no declared wholesale gas market or short term trading market—whether and to what extent the retailer has— (A) gas available to it by means of a distribution pipeline; and (B) capacity available to it on that distribution pipeline and any relevant transmission pipeline, sufficient for it to be a RoLR;\n- (A) gas available to it by means of a distribution pipeline; and\n- (B) capacity available to it on that distribution pipeline and any relevant transmission pipeline,\n- (d) any other relevant matters specified in the energy laws;\n- (e) any other matters the AER considers relevant in the circumstances.\n- (i) having adequate systems in place for that purpose; or\n- (ii) being able to implement adequate systems in a timely manner for that purpose;\n- (i) the number of customers the retailer has; and\n- (ii) the class or classes of customers the retailer has; and\n- (iii) the area or areas that the retailer currently serves; and\n- (iv) in the case of gas and where there is no declared wholesale gas market or short term trading market—whether and to what extent the retailer has— (A) gas available to it by means of a distribution pipeline; and (B) capacity available to it on that distribution pipeline and any relevant transmission pipeline, sufficient for it to be a RoLR;\n- (A) gas available to it by means of a distribution pipeline; and\n- (B) capacity available to it on that distribution pipeline and any relevant transmission pipeline,\n- (A) gas available to it by means of a distribution pipeline; and\n- (B) capacity available to it on that distribution pipeline and any relevant transmission pipeline,","sortOrder":223},{"sectionNumber":"sec.123A","sectionType":"section","heading":"Additional Queensland provision about when assigned retailer can be registered as a RoLR","content":"### sec.123A Additional Queensland provision about when assigned retailer can be registered as a RoLR\n\nAn assigned retailer can not be registered as a RoLR unless a local instrument of this jurisdiction states otherwise.\nThis section is an additional Queensland provision.\ns 123A ins 2014 No. 49 (Qld) s 4 sch s 25","sortOrder":224},{"sectionNumber":"sec.124","sectionType":"section","heading":"Expressions of interest for registration as a RoLR","content":"### sec.124 Expressions of interest for registration as a RoLR\n\nThe AER must both initially and afterwards at such times as it considers appropriate call for an expression of interest ( RoLR register EoI ) from retailers for registration as a RoLR.\nA RoLR register EoI may be lodged by a retailer with the AER either in response to an AER call for expressions of interest or at any other time.\nA RoLR register EoI must contain such information as will enable the AER to take the RoLR criteria into consideration in relation to the retailer and otherwise be in accordance with the AER RoLR Guidelines.\nA RoLR register EoI may contain proposals as to—\ncustomers or classes of customers the retailer will accept as its customers if it were to be appointed a designated RoLR in respect of a RoLR event; and\nnumbers of customers the retailer will accept if it were to be appointed a designated RoLR in respect of a RoLR event; and\nvariation to the retailer’s RoLR cost recovery scheme.\nSubsections (3) and (4) do not limit the information that may be included in a RoLR register EoI or the proposals that a retailer may make in that expression of interest.\nThe AER may, after receipt of a RoLR register EoI, request from the retailer such additional information as the AER considers reasonably necessary for it to make a decision with respect to the RoLR register EoI. The retailer must comply with any such request.\nThe AER must publish a notice of each RoLR register EoI on its website.\n(sec.124-ssec.1) The AER must both initially and afterwards at such times as it considers appropriate call for an expression of interest ( RoLR register EoI ) from retailers for registration as a RoLR.\n(sec.124-ssec.2) A RoLR register EoI may be lodged by a retailer with the AER either in response to an AER call for expressions of interest or at any other time.\n(sec.124-ssec.3) A RoLR register EoI must contain such information as will enable the AER to take the RoLR criteria into consideration in relation to the retailer and otherwise be in accordance with the AER RoLR Guidelines.\n(sec.124-ssec.4) A RoLR register EoI may contain proposals as to— customers or classes of customers the retailer will accept as its customers if it were to be appointed a designated RoLR in respect of a RoLR event; and numbers of customers the retailer will accept if it were to be appointed a designated RoLR in respect of a RoLR event; and variation to the retailer’s RoLR cost recovery scheme.\n(sec.124-ssec.5) Subsections (3) and (4) do not limit the information that may be included in a RoLR register EoI or the proposals that a retailer may make in that expression of interest.\n(sec.124-ssec.6) The AER may, after receipt of a RoLR register EoI, request from the retailer such additional information as the AER considers reasonably necessary for it to make a decision with respect to the RoLR register EoI. The retailer must comply with any such request.\n(sec.124-ssec.7) The AER must publish a notice of each RoLR register EoI on its website.\n- (a) customers or classes of customers the retailer will accept as its customers if it were to be appointed a designated RoLR in respect of a RoLR event; and\n- (b) numbers of customers the retailer will accept if it were to be appointed a designated RoLR in respect of a RoLR event; and\n- (c) variation to the retailer’s RoLR cost recovery scheme.","sortOrder":225},{"sectionNumber":"sec.125","sectionType":"section","heading":"Appointment and registration as a default RoLR","content":"### sec.125 Appointment and registration as a default RoLR\n\nThe AER must appoint and register a default RoLR for—\nin the case of electricity—each connection point; and\nin the case of gas—each distribution system of each distributor.\nThe AER must ensure that there is one and no more than one default RoLR registered for each connection point (in the case of electricity) and for each distribution system (in the case of gas) at all times.\nLodgement of a RoLR register EoI is not a precondition to the AER appointing and registering a retailer as a default RoLR although if the AER proposes to appoint and register a retailer as a default RoLR without a RoLR register EoI first being lodged, the AER must consult with the retailer before appointing and registering the retailer.\nA retailer that the AER proposes to appoint and register as a default RoLR must provide the AER with such information as the AER considers reasonably necessary to make the appointment and register the retailer as a default RoLR.\nA retailer’s concurrence is not required for appointment and registration as a default RoLR.\nThe AER must take the RoLR criteria into consideration when deciding whether to appoint and register a retailer as a default RoLR.\nThe AER must not appoint and register a retailer as a default RoLR if the retailer does not satisfy all the requirements of the RoLR criteria unless otherwise there would be no default RoLR for a connection point (in the case of electricity) or a distribution system (in the case of gas) and the AER is satisfied that the retailer most nearly satisfies the financial resources criterion (see section 123 (1) (b) ).\nIf a retailer does not, at the time of registration as a default RoLR, meet the organisational and technical capacity criterion (see section 123 (1) (a) ), the retailer must as soon as practicable after registration implement adequate systems to meet that criterion and advise the AER when those systems are implemented.\nThe AER may terminate a retailer’s appointment and registration as a default RoLR at any time, but is not obliged to do so.\nThe AER must publish on its website notice of any appointment of a default RoLR or termination of an appointment under this section.\nA retailer is not entitled to be appointed and registered as a default RoLR even though it satisfies (or appears to satisfy) the RoLR criteria.\n(sec.125-ssec.1) The AER must appoint and register a default RoLR for— in the case of electricity—each connection point; and in the case of gas—each distribution system of each distributor.\n(sec.125-ssec.2) The AER must ensure that there is one and no more than one default RoLR registered for each connection point (in the case of electricity) and for each distribution system (in the case of gas) at all times.\n(sec.125-ssec.3) Lodgement of a RoLR register EoI is not a precondition to the AER appointing and registering a retailer as a default RoLR although if the AER proposes to appoint and register a retailer as a default RoLR without a RoLR register EoI first being lodged, the AER must consult with the retailer before appointing and registering the retailer.\n(sec.125-ssec.4) A retailer that the AER proposes to appoint and register as a default RoLR must provide the AER with such information as the AER considers reasonably necessary to make the appointment and register the retailer as a default RoLR.\n(sec.125-ssec.5) A retailer’s concurrence is not required for appointment and registration as a default RoLR.\n(sec.125-ssec.6) The AER must take the RoLR criteria into consideration when deciding whether to appoint and register a retailer as a default RoLR.\n(sec.125-ssec.7) The AER must not appoint and register a retailer as a default RoLR if the retailer does not satisfy all the requirements of the RoLR criteria unless otherwise there would be no default RoLR for a connection point (in the case of electricity) or a distribution system (in the case of gas) and the AER is satisfied that the retailer most nearly satisfies the financial resources criterion (see section 123 (1) (b) ).\n(sec.125-ssec.8) If a retailer does not, at the time of registration as a default RoLR, meet the organisational and technical capacity criterion (see section 123 (1) (a) ), the retailer must as soon as practicable after registration implement adequate systems to meet that criterion and advise the AER when those systems are implemented.\n(sec.125-ssec.9) The AER may terminate a retailer’s appointment and registration as a default RoLR at any time, but is not obliged to do so.\n(sec.125-ssec.10) The AER must publish on its website notice of any appointment of a default RoLR or termination of an appointment under this section.\n(sec.125-ssec.11) A retailer is not entitled to be appointed and registered as a default RoLR even though it satisfies (or appears to satisfy) the RoLR criteria.\n- (a) in the case of electricity—each connection point; and\n- (b) in the case of gas—each distribution system of each distributor.","sortOrder":226},{"sectionNumber":"sec.126","sectionType":"section","heading":"Registration of additional RoLRs","content":"### sec.126 Registration of additional RoLRs\n\nThe AER may register one or more retailers as an additional RoLR for a connection point (in the case of electricity) or a distribution system (in the case of gas).\nThe AER must take the RoLR criteria into consideration when deciding whether to register a retailer as an additional RoLR.\nThe AER must not register a retailer as an additional RoLR unless the retailer has lodged a RoLR register EoI.\nA retailer registered as an additional RoLR may be registered as a RoLR in addition to the default RoLR registered for the connection point or distribution system concerned.\nA retailer who, in the case of electricity, is a default RoLR for a connection point may be registered as an additional RoLR for any connection point for which it is not the default RoLR.\nA retailer who, in the case of gas, is a default RoLR for a distribution system may be registered as an additional RoLR for any distribution system for which it is not the default RoLR.\nThe AER may at the same time as it registers a retailer as an additional RoLR, and if the retailer consents, impose conditions as to—\ncustomers or classes of customers that may be transferred to the retailer as its customers if it is appointed a designated RoLR in respect of a RoLR event; and\nnumbers of customers that may be transferred to the retailer if it is appointed a designated RoLR in respect of a RoLR event; and\nvariations of the retailer’s RoLR cost recovery scheme.\nSubsection (7) does not limit the conditions that the AER may impose with the retailer’s consent.\nA retailer is not entitled to registration as an additional RoLR even though it satisfies or appears to satisfy the RoLR criteria.\nThe AER must publish on its website notice of registration of an additional RoLR.\n(sec.126-ssec.1) The AER may register one or more retailers as an additional RoLR for a connection point (in the case of electricity) or a distribution system (in the case of gas).\n(sec.126-ssec.2) The AER must take the RoLR criteria into consideration when deciding whether to register a retailer as an additional RoLR.\n(sec.126-ssec.3) The AER must not register a retailer as an additional RoLR unless the retailer has lodged a RoLR register EoI.\n(sec.126-ssec.4) A retailer registered as an additional RoLR may be registered as a RoLR in addition to the default RoLR registered for the connection point or distribution system concerned.\n(sec.126-ssec.5) A retailer who, in the case of electricity, is a default RoLR for a connection point may be registered as an additional RoLR for any connection point for which it is not the default RoLR.\n(sec.126-ssec.6) A retailer who, in the case of gas, is a default RoLR for a distribution system may be registered as an additional RoLR for any distribution system for which it is not the default RoLR.\n(sec.126-ssec.7) The AER may at the same time as it registers a retailer as an additional RoLR, and if the retailer consents, impose conditions as to— customers or classes of customers that may be transferred to the retailer as its customers if it is appointed a designated RoLR in respect of a RoLR event; and numbers of customers that may be transferred to the retailer if it is appointed a designated RoLR in respect of a RoLR event; and variations of the retailer’s RoLR cost recovery scheme.\n(sec.126-ssec.8) Subsection (7) does not limit the conditions that the AER may impose with the retailer’s consent.\n(sec.126-ssec.9) A retailer is not entitled to registration as an additional RoLR even though it satisfies or appears to satisfy the RoLR criteria.\n(sec.126-ssec.10) The AER must publish on its website notice of registration of an additional RoLR.\n- (a) customers or classes of customers that may be transferred to the retailer as its customers if it is appointed a designated RoLR in respect of a RoLR event; and\n- (b) numbers of customers that may be transferred to the retailer if it is appointed a designated RoLR in respect of a RoLR event; and\n- (c) variations of the retailer’s RoLR cost recovery scheme.","sortOrder":227},{"sectionNumber":"sec.127","sectionType":"section","heading":"Register of RoLRs","content":"### sec.127 Register of RoLRs\n\nThe AER must maintain, and publish on its website, a register of RoLRs (the RoLR register ) which—\nmust include particulars of RoLRs registered under this Division, including—\nwhether the RoLR is registered as a default RoLR (and, if so, for which connection points or distribution systems); and\nwhether the RoLR is registered as an additional RoLR (and, if so, what conditions apply to its registration); and\nmay include other particulars or information the AER considers necessary or desirable.\nIf the AER registers a retailer as a RoLR, it must enter the particulars of the retailer on the RoLR register.\nIf the AER decides to terminate the registration of a retailer as a RoLR, it must remove the particulars of the retailer from the RoLR register. Termination and removal of a retailer from the RoLR register (or, in the case of a default RoLR, termination of its appointment and registration as a default RoLR and removal from the register) does not affect any accrued rights or obligations that the retailer had by reason of its registration.\nA RoLR whose particulars are entered on the RoLR register is a registered RoLR for so long as its particulars remain on the RoLR register.\n(sec.127-ssec.1) The AER must maintain, and publish on its website, a register of RoLRs (the RoLR register ) which— must include particulars of RoLRs registered under this Division, including— whether the RoLR is registered as a default RoLR (and, if so, for which connection points or distribution systems); and whether the RoLR is registered as an additional RoLR (and, if so, what conditions apply to its registration); and may include other particulars or information the AER considers necessary or desirable.\n(sec.127-ssec.2) If the AER registers a retailer as a RoLR, it must enter the particulars of the retailer on the RoLR register.\n(sec.127-ssec.3) If the AER decides to terminate the registration of a retailer as a RoLR, it must remove the particulars of the retailer from the RoLR register. Termination and removal of a retailer from the RoLR register (or, in the case of a default RoLR, termination of its appointment and registration as a default RoLR and removal from the register) does not affect any accrued rights or obligations that the retailer had by reason of its registration.\n(sec.127-ssec.4) A RoLR whose particulars are entered on the RoLR register is a registered RoLR for so long as its particulars remain on the RoLR register.\n- (a) must include particulars of RoLRs registered under this Division, including— (i) whether the RoLR is registered as a default RoLR (and, if so, for which connection points or distribution systems); and (ii) whether the RoLR is registered as an additional RoLR (and, if so, what conditions apply to its registration); and\n- (i) whether the RoLR is registered as a default RoLR (and, if so, for which connection points or distribution systems); and\n- (ii) whether the RoLR is registered as an additional RoLR (and, if so, what conditions apply to its registration); and\n- (b) may include other particulars or information the AER considers necessary or desirable.\n- (i) whether the RoLR is registered as a default RoLR (and, if so, for which connection points or distribution systems); and\n- (ii) whether the RoLR is registered as an additional RoLR (and, if so, what conditions apply to its registration); and","sortOrder":228},{"sectionNumber":"sec.128","sectionType":"section","heading":"Termination of registration as a RoLR","content":"### sec.128 Termination of registration as a RoLR\n\nThe registration of a RoLR (other than a default RoLR) may be terminated in either of the following ways:\nthe registered RoLR applying to the AER pursuant to this section for its registration to be terminated;\nthe AER giving to the registered RoLR a notice to show cause why its registration should not be terminated.\nIf the AER gives a retailer a notice to show cause under subsection (1) (b) , the notice must state that any submissions by the registered RoLR must be made to the AER within a specified period of at least 20 business days.\nThe AER must publish on its website—\na notice of any application under subsection (1) (a) ; and\nany notice to show cause under subsection (1) (b) .\nAny such notice published on the AER website must invite submissions on the application or the notice to show cause within a specified period of at least 20 business days.\nThe AER may, after considering any submissions made to it, terminate the RoLR’s registration.\nIf the AER terminates the RoLR’s registration, it must publish notice of the termination on its website.\n(sec.128-ssec.1) The registration of a RoLR (other than a default RoLR) may be terminated in either of the following ways: the registered RoLR applying to the AER pursuant to this section for its registration to be terminated; the AER giving to the registered RoLR a notice to show cause why its registration should not be terminated.\n(sec.128-ssec.2) If the AER gives a retailer a notice to show cause under subsection (1) (b) , the notice must state that any submissions by the registered RoLR must be made to the AER within a specified period of at least 20 business days.\n(sec.128-ssec.3) The AER must publish on its website— a notice of any application under subsection (1) (a) ; and any notice to show cause under subsection (1) (b) .\n(sec.128-ssec.4) Any such notice published on the AER website must invite submissions on the application or the notice to show cause within a specified period of at least 20 business days.\n(sec.128-ssec.5) The AER may, after considering any submissions made to it, terminate the RoLR’s registration.\n(sec.128-ssec.6) If the AER terminates the RoLR’s registration, it must publish notice of the termination on its website.\n- (a) the registered RoLR applying to the AER pursuant to this section for its registration to be terminated;\n- (b) the AER giving to the registered RoLR a notice to show cause why its registration should not be terminated.\n- (a) a notice of any application under subsection (1) (a) ; and\n- (b) any notice to show cause under subsection (1) (b) .","sortOrder":229},{"sectionNumber":"sec.129","sectionType":"section","heading":"New basis for registration as a RoLR","content":"### sec.129 New basis for registration as a RoLR\n\nIf AEMO advises the AER that a RoLR may be registered on a basis other than for a connection point (in the case of electricity) or a distribution system (in the case of gas), the AER may register the RoLR on that basis (the new basis ).\nThere still must be (disregarding any failed retailer) no more than one default RoLR for the matter or thing that comprises the new basis for registration.\nNotice of the new basis for registration must be published by the AER on its website.\nReferences in this Division to a connection point (in the case of electricity) or a distribution system (in the case of gas) are taken to include a reference to any new basis for registration.\n(sec.129-ssec.1) If AEMO advises the AER that a RoLR may be registered on a basis other than for a connection point (in the case of electricity) or a distribution system (in the case of gas), the AER may register the RoLR on that basis (the new basis ). There still must be (disregarding any failed retailer) no more than one default RoLR for the matter or thing that comprises the new basis for registration.\n(sec.129-ssec.2) Notice of the new basis for registration must be published by the AER on its website.\n(sec.129-ssec.3) References in this Division to a connection point (in the case of electricity) or a distribution system (in the case of gas) are taken to include a reference to any new basis for registration.","sortOrder":230},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Contingency events","content":"## Contingency events","sortOrder":231},{"sectionNumber":"sec.130","sectionType":"section","heading":"AER’s powers","content":"### sec.130 AER’s powers\n\nIf the AER receives notice of or otherwise becomes aware of any event, circumstance or matter that it has reason to believe may or will affect, or give rise to some risk of affecting, continuity of the sale of energy to a retailer’s customers, the AER may act under this Division.\nEvents, circumstances or matters for the purposes of this Division include (without limitation) any of the following:\nthe events and circumstances that constitute a RoLR event;\nany material default by the retailer in provision of required credit support to a distributor under the NER or NGR as appropriate;\nany material default by the retailer in payment of network charges;\nany other material default by the retailer with respect to its obligations under energy laws with respect to the payment of money, the provision of securities or otherwise of a financial nature.\nIt is not a prerequisite for the AER to act under this Division that an event, circumstance or matter has come into existence, and the AER may instead so act if it has reason to believe that there is some risk that the event, circumstance or matter may come into existence.\nIn acting under this Division the AER may do any of the following:\nrequest information ( financial information ) from the retailer including (but not limited to) any of the following:\ndetails of any parent company guarantees;\ndetails of cash flow;\ndetails of amounts owing to distributors;\ndetails of the retailer’s current financial position together with the most recent financial statements of the retailer;\nsubject to and in accordance with the confidentiality provisions applicable to this Division—\nconsult with AEMO; and\nfor that purpose disclose some or all of the financial information to AEMO and its officers or employees.\nIf the AER has reason to believe that there is a risk of a RoLR event, the AER may, subject to and in accordance with the confidentiality provisions applicable to this Division, do any of the following:\ninquire of one or more registered RoLRs as to whether it wants to be appointed designated RoLR for that event;\ngive notice of that belief and of the grounds for the belief to one or more of the following:\ndistributors;\nregistered RoLRs of whom the inquiries are made;\nrelevant default RoLRs;\nsuch other person as the AER considers relevant,\nbut it must, in any such case, give notice of that belief and of the grounds for the belief to AEMO and Ministers of participating jurisdictions.\nThe AER may, subject to and in accordance with Division 7 , issue a RoLR regulatory information notice to obtain the financial information.\n(sec.130-ssec.1) If the AER receives notice of or otherwise becomes aware of any event, circumstance or matter that it has reason to believe may or will affect, or give rise to some risk of affecting, continuity of the sale of energy to a retailer’s customers, the AER may act under this Division.\n(sec.130-ssec.2) Events, circumstances or matters for the purposes of this Division include (without limitation) any of the following: the events and circumstances that constitute a RoLR event; any material default by the retailer in provision of required credit support to a distributor under the NER or NGR as appropriate; any material default by the retailer in payment of network charges; any other material default by the retailer with respect to its obligations under energy laws with respect to the payment of money, the provision of securities or otherwise of a financial nature.\n(sec.130-ssec.3) It is not a prerequisite for the AER to act under this Division that an event, circumstance or matter has come into existence, and the AER may instead so act if it has reason to believe that there is some risk that the event, circumstance or matter may come into existence.\n(sec.130-ssec.4) In acting under this Division the AER may do any of the following: request information ( financial information ) from the retailer including (but not limited to) any of the following: details of any parent company guarantees; details of cash flow; details of amounts owing to distributors; details of the retailer’s current financial position together with the most recent financial statements of the retailer; subject to and in accordance with the confidentiality provisions applicable to this Division— consult with AEMO; and for that purpose disclose some or all of the financial information to AEMO and its officers or employees.\n(sec.130-ssec.5) If the AER has reason to believe that there is a risk of a RoLR event, the AER may, subject to and in accordance with the confidentiality provisions applicable to this Division, do any of the following: inquire of one or more registered RoLRs as to whether it wants to be appointed designated RoLR for that event; give notice of that belief and of the grounds for the belief to one or more of the following: distributors; registered RoLRs of whom the inquiries are made; relevant default RoLRs; such other person as the AER considers relevant, but it must, in any such case, give notice of that belief and of the grounds for the belief to AEMO and Ministers of participating jurisdictions.\n(sec.130-ssec.6) The AER may, subject to and in accordance with Division 7 , issue a RoLR regulatory information notice to obtain the financial information.\n- (a) the events and circumstances that constitute a RoLR event;\n- (b) any material default by the retailer in provision of required credit support to a distributor under the NER or NGR as appropriate;\n- (c) any material default by the retailer in payment of network charges;\n- (d) any other material default by the retailer with respect to its obligations under energy laws with respect to the payment of money, the provision of securities or otherwise of a financial nature.\n- (a) request information ( financial information ) from the retailer including (but not limited to) any of the following: (i) details of any parent company guarantees; (ii) details of cash flow; (iii) details of amounts owing to distributors; (iv) details of the retailer’s current financial position together with the most recent financial statements of the retailer;\n- (i) details of any parent company guarantees;\n- (ii) details of cash flow;\n- (iii) details of amounts owing to distributors;\n- (iv) details of the retailer’s current financial position together with the most recent financial statements of the retailer;\n- (b) subject to and in accordance with the confidentiality provisions applicable to this Division— (i) consult with AEMO; and (ii) for that purpose disclose some or all of the financial information to AEMO and its officers or employees.\n- (i) consult with AEMO; and\n- (ii) for that purpose disclose some or all of the financial information to AEMO and its officers or employees.\n- (i) details of any parent company guarantees;\n- (ii) details of cash flow;\n- (iii) details of amounts owing to distributors;\n- (iv) details of the retailer’s current financial position together with the most recent financial statements of the retailer;\n- (i) consult with AEMO; and\n- (ii) for that purpose disclose some or all of the financial information to AEMO and its officers or employees.\n- (a) inquire of one or more registered RoLRs as to whether it wants to be appointed designated RoLR for that event;\n- (b) give notice of that belief and of the grounds for the belief to one or more of the following: (i) distributors; (ii) registered RoLRs of whom the inquiries are made; (iii) relevant default RoLRs; (iv) such other person as the AER considers relevant, but it must, in any such case, give notice of that belief and of the grounds for the belief to AEMO and Ministers of participating jurisdictions.\n- (i) distributors;\n- (ii) registered RoLRs of whom the inquiries are made;\n- (iii) relevant default RoLRs;\n- (iv) such other person as the AER considers relevant,\n- (i) distributors;\n- (ii) registered RoLRs of whom the inquiries are made;\n- (iii) relevant default RoLRs;\n- (iv) such other person as the AER considers relevant,","sortOrder":232},{"sectionNumber":"sec.131","sectionType":"section","heading":"Confidentiality provisions","content":"### sec.131 Confidentiality provisions\n\nThis section contains confidentiality provisions applicable to this Division and also applies where the AER serves a regulatory information notice in connection with the exercise of the AER’s functions and powers under this Division.\nIn the case of the AER, it must keep confidential—\nits request for financial information (including, if it issues one, the issue of a regulatory information notice to obtain the information) and the financial information provided in response to the request; and\nboth its belief as to the risk of a RoLR event and the fact and nature of its inquiries of registered RoLRs,\nbut it may disclose any or all of those matters or that financial information as allowed or required by this Division or otherwise in accordance with Division 3 of Part 8 .\nIn the case of AEMO, it must keep the fact and nature of the consultations between it and the AER, the financial information and the AER notice given under section 130 (5) (b) confidential, but it may disclose them in accordance with Division 6 of Part 5 of the NEL and Division 7 of Part 6 of Chapter 2 of the NGL.\nIn the case of persons other than the AER and AEMO who are given the AER notice of the risk of a RoLR event, they must keep the fact and nature of the notice (and the information it contains) confidential and—\nmust use it only for the purpose of preparing for the RoLR event; and\nmust not (in the case of the default RoLR or registered RoLR of whom the AER’s inquiries are made) disclose the notice, its issue and information to any member of its marketing staff; and\nmay disclose it to third parties only if those third parties also agree to be bound by the same confidentiality requirements as those persons are subject to under this Law,\nexcept to the extent that—\nthe notice is in the public domain; or\nthe AER or AEMO has published the notice in accordance with this Division; or\nthe retailer the subject of the notice has published the notice under Chapter 6CA of the Corporations Act 2001 of the Commonwealth; or\na Minister has published the notice in the case of an emergency or in a case where that Minister considers it is otherwise necessary or desirable to do so in the public interest.\nThe matters and financial information referred to in subsection (3) are taken to be protected information for the purposes of the provisions of the NEL and NGL referred to in that subsection.\n(sec.131-ssec.1) This section contains confidentiality provisions applicable to this Division and also applies where the AER serves a regulatory information notice in connection with the exercise of the AER’s functions and powers under this Division.\n(sec.131-ssec.2) In the case of the AER, it must keep confidential— its request for financial information (including, if it issues one, the issue of a regulatory information notice to obtain the information) and the financial information provided in response to the request; and both its belief as to the risk of a RoLR event and the fact and nature of its inquiries of registered RoLRs, but it may disclose any or all of those matters or that financial information as allowed or required by this Division or otherwise in accordance with Division 3 of Part 8 .\n(sec.131-ssec.3) In the case of AEMO, it must keep the fact and nature of the consultations between it and the AER, the financial information and the AER notice given under section 130 (5) (b) confidential, but it may disclose them in accordance with Division 6 of Part 5 of the NEL and Division 7 of Part 6 of Chapter 2 of the NGL.\n(sec.131-ssec.4) In the case of persons other than the AER and AEMO who are given the AER notice of the risk of a RoLR event, they must keep the fact and nature of the notice (and the information it contains) confidential and— must use it only for the purpose of preparing for the RoLR event; and must not (in the case of the default RoLR or registered RoLR of whom the AER’s inquiries are made) disclose the notice, its issue and information to any member of its marketing staff; and may disclose it to third parties only if those third parties also agree to be bound by the same confidentiality requirements as those persons are subject to under this Law, except to the extent that— the notice is in the public domain; or the AER or AEMO has published the notice in accordance with this Division; or the retailer the subject of the notice has published the notice under Chapter 6CA of the Corporations Act 2001 of the Commonwealth; or a Minister has published the notice in the case of an emergency or in a case where that Minister considers it is otherwise necessary or desirable to do so in the public interest.\n(sec.131-ssec.5) The matters and financial information referred to in subsection (3) are taken to be protected information for the purposes of the provisions of the NEL and NGL referred to in that subsection.\n- (a) its request for financial information (including, if it issues one, the issue of a regulatory information notice to obtain the information) and the financial information provided in response to the request; and\n- (b) both its belief as to the risk of a RoLR event and the fact and nature of its inquiries of registered RoLRs,\n- (a) must use it only for the purpose of preparing for the RoLR event; and\n- (b) must not (in the case of the default RoLR or registered RoLR of whom the AER’s inquiries are made) disclose the notice, its issue and information to any member of its marketing staff; and\n- (c) may disclose it to third parties only if those third parties also agree to be bound by the same confidentiality requirements as those persons are subject to under this Law,\n- (d) the notice is in the public domain; or\n- (e) the AER or AEMO has published the notice in accordance with this Division; or\n- (f) the retailer the subject of the notice has published the notice under Chapter 6CA of the Corporations Act 2001 of the Commonwealth; or\n- (g) a Minister has published the notice in the case of an emergency or in a case where that Minister considers it is otherwise necessary or desirable to do so in the public interest.","sortOrder":233},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Appointment of designated RoLRs","content":"## Appointment of designated RoLRs","sortOrder":234},{"sectionNumber":"sec.132","sectionType":"section","heading":"Designation of registered RoLR for RoLR event","content":"### sec.132 Designation of registered RoLR for RoLR event\n\nThe AER may appoint 1 or more registered RoLRs as designated RoLRs for a RoLR event—\nbefore the RoLR event; or\nwithin 72 hours after the RoLR event.\nThe appointment is made by the AER giving written notice of the appointment to the registered RoLR and AEMO.\nThe appointment takes effect—\nimmediately; or\nfrom an earlier or later time specified in or fixed in accordance with the RoLR notice.\nIf no registered RoLR is appointed for a RoLR event before the RoLR event occurs, the default RoLR is taken to be appointed as the designated RoLR for the RoLR event—\non the occurrence of the event; or\nfrom an earlier or later time specified in or fixed in accordance with the RoLR notice for the RoLR event.\nThe appointment of the default RoLR as the designated RoLR under subsection (2b) also operates subject to—\nany other provision made in the RoLR notice for the RoLR event; and\nany determination by the AER in the circumstances of the particular case (including a determination that has the effect of over-riding the operation of subsection (2b) so that an appointment under that subsection will be taken not to have been made).\nThe AER must notify a registered RoLR before appointing it as a designated RoLR, but the registered RoLR’s consent is not required for appointment.\nIf—\nthe AER includes a direction under section 137 in a RoLR notice; and\nthere is more than one distributor who will receive the direction; and\nthe distribution systems of those distributors are connected to the same transmission pipeline,\nonly the same designated RoLR may, despite any other provision of this Part, be appointed (or be taken to be appointed) as the designated RoLR for each of those distribution systems.\ns 132 amd 2012 No. 16 (SA) s 11 ; 2025 No. 61 (SA) s 4\n(sec.132-ssec.1) The AER may appoint 1 or more registered RoLRs as designated RoLRs for a RoLR event— before the RoLR event; or within 72 hours after the RoLR event.\n(sec.132-ssec.2) The appointment is made by the AER giving written notice of the appointment to the registered RoLR and AEMO.\n(sec.132-ssec.2a) The appointment takes effect— immediately; or from an earlier or later time specified in or fixed in accordance with the RoLR notice.\n(sec.132-ssec.2b) If no registered RoLR is appointed for a RoLR event before the RoLR event occurs, the default RoLR is taken to be appointed as the designated RoLR for the RoLR event— on the occurrence of the event; or from an earlier or later time specified in or fixed in accordance with the RoLR notice for the RoLR event.\n(sec.132-ssec.3a) The appointment of the default RoLR as the designated RoLR under subsection (2b) also operates subject to— any other provision made in the RoLR notice for the RoLR event; and any determination by the AER in the circumstances of the particular case (including a determination that has the effect of over-riding the operation of subsection (2b) so that an appointment under that subsection will be taken not to have been made).\n(sec.132-ssec.4) The AER must notify a registered RoLR before appointing it as a designated RoLR, but the registered RoLR’s consent is not required for appointment.\n(sec.132-ssec.5) If— the AER includes a direction under section 137 in a RoLR notice; and there is more than one distributor who will receive the direction; and the distribution systems of those distributors are connected to the same transmission pipeline, only the same designated RoLR may, despite any other provision of this Part, be appointed (or be taken to be appointed) as the designated RoLR for each of those distribution systems.\n- (a) before the RoLR event; or\n- (b) within 72 hours after the RoLR event.\n- (a) immediately; or\n- (b) from an earlier or later time specified in or fixed in accordance with the RoLR notice.\n- (a) on the occurrence of the event; or\n- (b) from an earlier or later time specified in or fixed in accordance with the RoLR notice for the RoLR event.\n- (a) any other provision made in the RoLR notice for the RoLR event; and\n- (b) any determination by the AER in the circumstances of the particular case (including a determination that has the effect of over-riding the operation of subsection (2b) so that an appointment under that subsection will be taken not to have been made).\n- (a) the AER includes a direction under section 137 in a RoLR notice; and\n- (b) there is more than one distributor who will receive the direction; and\n- (c) the distribution systems of those distributors are connected to the same transmission pipeline,","sortOrder":235},{"sectionNumber":"sec.133","sectionType":"section","heading":"Criteria for RoLR designation","content":"### sec.133 Criteria for RoLR designation\n\nIn determining whether to appoint a registered RoLR as a designated RoLR, the AER must take into consideration—\nthe RoLR criteria; and\nwhether the registered RoLR has a RoLR cost recovery scheme (see Division 9 and subsection (2) ) and if so what costs are recoverable pursuant to that scheme and the amount or likely amount of those costs; and\nthe imminence of the RoLR event; and\nany other matters the AER considers relevant in the circumstances.\nThe registered RoLR and the AER may by agreement vary the RoLR’s cost recovery scheme for the purposes of this section, and the reference in subsection (1) (b) to the RoLR cost recovery scheme is accordingly a reference to that scheme as so varied.\n(sec.133-ssec.1) In determining whether to appoint a registered RoLR as a designated RoLR, the AER must take into consideration— the RoLR criteria; and whether the registered RoLR has a RoLR cost recovery scheme (see Division 9 and subsection (2) ) and if so what costs are recoverable pursuant to that scheme and the amount or likely amount of those costs; and the imminence of the RoLR event; and any other matters the AER considers relevant in the circumstances.\n(sec.133-ssec.2) The registered RoLR and the AER may by agreement vary the RoLR’s cost recovery scheme for the purposes of this section, and the reference in subsection (1) (b) to the RoLR cost recovery scheme is accordingly a reference to that scheme as so varied.\n- (a) the RoLR criteria; and\n- (b) whether the registered RoLR has a RoLR cost recovery scheme (see Division 9 and subsection (2) ) and if so what costs are recoverable pursuant to that scheme and the amount or likely amount of those costs; and\n- (c) the imminence of the RoLR event; and\n- (d) any other matters the AER considers relevant in the circumstances.","sortOrder":236},{"sectionNumber":"sec.134","sectionType":"section","heading":"Appointment of more than one designated RoLR for RoLR event","content":"### sec.134 Appointment of more than one designated RoLR for RoLR event\n\nThe AER may appoint more than one designated RoLR for a RoLR event if the AER is of the opinion that it is appropriate to do so having regard to the size of, or other circumstances surrounding, the event.\nWhen making the appointments, the AER must allocate responsibility for particular customers or classes of customers to each designated RoLR in the manner specified in guidelines under section 135 (2) (b) .\nThe AER must, to the maximum practicable extent, make the appointments and allocations in accordance with the AER RoLR Guidelines except to the extent that the AER is satisfied that compliance with the guidelines would be inappropriate in the circumstances.\n(sec.134-ssec.1) The AER may appoint more than one designated RoLR for a RoLR event if the AER is of the opinion that it is appropriate to do so having regard to the size of, or other circumstances surrounding, the event.\n(sec.134-ssec.2) When making the appointments, the AER must allocate responsibility for particular customers or classes of customers to each designated RoLR in the manner specified in guidelines under section 135 (2) (b) .\n(sec.134-ssec.3) The AER must, to the maximum practicable extent, make the appointments and allocations in accordance with the AER RoLR Guidelines except to the extent that the AER is satisfied that compliance with the guidelines would be inappropriate in the circumstances.","sortOrder":237},{"sectionNumber":"sec.135","sectionType":"section","heading":"AER RoLR Guidelines","content":"### sec.135 AER RoLR Guidelines\n\nThe AER must develop, make and maintain AER RoLR Guidelines in accordance with the retail consultation procedure.\nThe guidelines must—\nspecify the circumstances in which the appointment of more than one designated RoLR for a RoLR event may occur; and\nspecify the manner of determining the allocation of the designated RoLRs to particular customers or classes of customers; and\nspecify how compliance with the requirements of section 148A (3) will be assessed; and\nprovide for any other matter that the AER considers necessary in the circumstances.\nThe guidelines may (without limitation) make different provision for the failure of large retailers, small retailers and retailers that are default RoLRs.\nThe manner of determining the allocation of designated RoLRs referred to in subsection (2) must involve the use of meter identifiers alone or the use of a combination of meter identifiers and other means acceptable to AEMO, and must be determined by the AER in consultation with AEMO.\nThe guidelines may (without limitation)—\nspecify the form of and information to be included in a RoLR register EoI; and\nspecify the form of and information to be included in an application for a RoLR cost recovery scheme; and\nprovide for any other matter the AER considers necessary with respect to the RoLR scheme.\nThe AER may amend the guidelines in accordance with the retail consultation procedure.\ns 135 amd 2025 No. 61 (SA) s 5\n(sec.135-ssec.1) The AER must develop, make and maintain AER RoLR Guidelines in accordance with the retail consultation procedure.\n(sec.135-ssec.2) The guidelines must— specify the circumstances in which the appointment of more than one designated RoLR for a RoLR event may occur; and specify the manner of determining the allocation of the designated RoLRs to particular customers or classes of customers; and specify how compliance with the requirements of section 148A (3) will be assessed; and provide for any other matter that the AER considers necessary in the circumstances.\n(sec.135-ssec.3) The guidelines may (without limitation) make different provision for the failure of large retailers, small retailers and retailers that are default RoLRs.\n(sec.135-ssec.4) The manner of determining the allocation of designated RoLRs referred to in subsection (2) must involve the use of meter identifiers alone or the use of a combination of meter identifiers and other means acceptable to AEMO, and must be determined by the AER in consultation with AEMO.\n(sec.135-ssec.5) The guidelines may (without limitation)— specify the form of and information to be included in a RoLR register EoI; and specify the form of and information to be included in an application for a RoLR cost recovery scheme; and provide for any other matter the AER considers necessary with respect to the RoLR scheme.\n(sec.135-ssec.6) The AER may amend the guidelines in accordance with the retail consultation procedure.\n- (a) specify the circumstances in which the appointment of more than one designated RoLR for a RoLR event may occur; and\n- (b) specify the manner of determining the allocation of the designated RoLRs to particular customers or classes of customers; and\n- (ba) specify how compliance with the requirements of section 148A (3) will be assessed; and\n- (c) provide for any other matter that the AER considers necessary in the circumstances.\n- (a) specify the form of and information to be included in a RoLR register EoI; and\n- (b) specify the form of and information to be included in an application for a RoLR cost recovery scheme; and\n- (c) provide for any other matter the AER considers necessary with respect to the RoLR scheme.","sortOrder":238},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Declaration of RoLR event","content":"## Declaration of RoLR event","sortOrder":239},{"sectionNumber":"sec.136","sectionType":"section","heading":"Issue of RoLR notice","content":"### sec.136 Issue of RoLR notice\n\nThe AER may decide to issue a notice (a RoLR notice ) on the occurrence of a RoLR event.\nThe AER must decide whether or not to issue a notice under subsection (1) as soon as practicable after the RoLR event occurs.\nA RoLR notice must—\nstate that the RoLR event has occurred and identify it; and\nspecify the failed retailer; and\nspecify the registered RoLR or registered RoLRs appointed by the notice (or taken to be appointed) under section 132 as designated RoLR or designated RoLRs for the event; and\nif more than one designated RoLR is appointed—specify, in accordance with the AER RoLR Guidelines, the allocation of each designated RoLR to particular customers or classes of customers; and\nspecify the date, or the manner of fixing the date, (either of which is the transfer date ) on which the customers of the failed retailer are transferred to the relevant designated RoLR under section 140 ; and\ncontain the endorsement revoking the failed retailer’s retailer authorisation, where applicable, under section 142 ; and\ninclude any other information or matters the AER considers necessary or desirable.\nIf information required under subsection (2) (c) or (d) is not known by the AER when the notice is issued—\nthe notice must be amended to include the information as soon as practicable after the information becomes known by the AER; and\ncustomers of the failed retailer must not be transferred before the information required under subsection (2) (c) and (d) is included in the notice.\nA RoLR notice may contain requirements (not inconsistent with this Law or the RoLR Procedures) to be complied with by—\nthe failed retailer; and\na designated RoLR; and\nsubject to section 143 (3) , other persons on whom the notice is served,\nin relation to the RoLR event and in particular in relation to the transfer of customers.\nA RoLR notice must be framed so as to deal with all customers of the failed retailer, but a failure to do so does not invalidate the notice and the notice has effect for the customers covered by it.\nThe transfer date may be on, before or after the date of service or publication of the RoLR notice, but if the RoLR event is—\nthe revocation of the retailer’s retailer authorisation; or\nthe suspension of the retailer’s right to participate—\nin the case of electricity—in the wholesale exchange market; or\nin the case of gas—either in the declared wholesale gas market or in a short term trading market,\nthe transfer date is taken to be the date of the revocation or suspension (as the case may be), unless an earlier date is specified or fixed.\nThe AER may amend a RoLR notice by a later notice issued by the AER, but a RoLR notice cannot be amended so as to change—\na transfer date if the date has already been reached; or\nwithout the consent of AEMO and the designated RoLR, an allocation of a customer if AEMO has acted on the allocation or if changing the allocation would (or would be likely to) affect continuity of the sale of energy to customers.\ns 136 amd 2012 No. 16 (SA) s 12 ; 2025 No. 61 (SA) s 6\n(sec.136-ssec.1) The AER may decide to issue a notice (a RoLR notice ) on the occurrence of a RoLR event.\n(sec.136-ssec.1a) The AER must decide whether or not to issue a notice under subsection (1) as soon as practicable after the RoLR event occurs.\n(sec.136-ssec.2) A RoLR notice must— state that the RoLR event has occurred and identify it; and specify the failed retailer; and specify the registered RoLR or registered RoLRs appointed by the notice (or taken to be appointed) under section 132 as designated RoLR or designated RoLRs for the event; and if more than one designated RoLR is appointed—specify, in accordance with the AER RoLR Guidelines, the allocation of each designated RoLR to particular customers or classes of customers; and specify the date, or the manner of fixing the date, (either of which is the transfer date ) on which the customers of the failed retailer are transferred to the relevant designated RoLR under section 140 ; and contain the endorsement revoking the failed retailer’s retailer authorisation, where applicable, under section 142 ; and include any other information or matters the AER considers necessary or desirable.\n(sec.136-ssec.2a) If information required under subsection (2) (c) or (d) is not known by the AER when the notice is issued— the notice must be amended to include the information as soon as practicable after the information becomes known by the AER; and customers of the failed retailer must not be transferred before the information required under subsection (2) (c) and (d) is included in the notice.\n(sec.136-ssec.3) A RoLR notice may contain requirements (not inconsistent with this Law or the RoLR Procedures) to be complied with by— the failed retailer; and a designated RoLR; and subject to section 143 (3) , other persons on whom the notice is served, in relation to the RoLR event and in particular in relation to the transfer of customers.\n(sec.136-ssec.4) A RoLR notice must be framed so as to deal with all customers of the failed retailer, but a failure to do so does not invalidate the notice and the notice has effect for the customers covered by it.\n(sec.136-ssec.5) The transfer date may be on, before or after the date of service or publication of the RoLR notice, but if the RoLR event is— the revocation of the retailer’s retailer authorisation; or the suspension of the retailer’s right to participate— in the case of electricity—in the wholesale exchange market; or in the case of gas—either in the declared wholesale gas market or in a short term trading market, the transfer date is taken to be the date of the revocation or suspension (as the case may be), unless an earlier date is specified or fixed.\n(sec.136-ssec.6) The AER may amend a RoLR notice by a later notice issued by the AER, but a RoLR notice cannot be amended so as to change— a transfer date if the date has already been reached; or without the consent of AEMO and the designated RoLR, an allocation of a customer if AEMO has acted on the allocation or if changing the allocation would (or would be likely to) affect continuity of the sale of energy to customers.\n- (a) state that the RoLR event has occurred and identify it; and\n- (b) specify the failed retailer; and\n- (c) specify the registered RoLR or registered RoLRs appointed by the notice (or taken to be appointed) under section 132 as designated RoLR or designated RoLRs for the event; and\n- (d) if more than one designated RoLR is appointed—specify, in accordance with the AER RoLR Guidelines, the allocation of each designated RoLR to particular customers or classes of customers; and\n- (e) specify the date, or the manner of fixing the date, (either of which is the transfer date ) on which the customers of the failed retailer are transferred to the relevant designated RoLR under section 140 ; and\n- (f) contain the endorsement revoking the failed retailer’s retailer authorisation, where applicable, under section 142 ; and\n- (g) include any other information or matters the AER considers necessary or desirable.\n- (a) the notice must be amended to include the information as soon as practicable after the information becomes known by the AER; and\n- (b) customers of the failed retailer must not be transferred before the information required under subsection (2) (c) and (d) is included in the notice.\n- (a) the failed retailer; and\n- (b) a designated RoLR; and\n- (c) subject to section 143 (3) , other persons on whom the notice is served,\n- (a) the revocation of the retailer’s retailer authorisation; or\n- (b) the suspension of the retailer’s right to participate— (i) in the case of electricity—in the wholesale exchange market; or (ii) in the case of gas—either in the declared wholesale gas market or in a short term trading market,\n- (i) in the case of electricity—in the wholesale exchange market; or\n- (ii) in the case of gas—either in the declared wholesale gas market or in a short term trading market,\n- (i) in the case of electricity—in the wholesale exchange market; or\n- (ii) in the case of gas—either in the declared wholesale gas market or in a short term trading market,\n- (a) a transfer date if the date has already been reached; or\n- (b) without the consent of AEMO and the designated RoLR, an allocation of a customer if AEMO has acted on the allocation or if changing the allocation would (or would be likely to) affect continuity of the sale of energy to customers.","sortOrder":240},{"sectionNumber":"sec.137","sectionType":"section","heading":"RoLR notice—direction for gas","content":"### sec.137 RoLR notice—direction for gas\n\nIf, in the case of gas, there is no declared wholesale gas market or short term trading market or where, in the opinion of the AER, sufficient capacity or gas is not available in a short term trading market, the AER may include a direction in a RoLR notice to the effect of any or all of the following:\na distributor must make available to a designated RoLR the capacity that was available, immediately before the transfer date, to the failed retailer on the distributor’s distribution pipeline;\na service provider for a transmission pipeline must make available to a designated RoLR the capacity that was available, immediately before the transfer date, to the failed retailer on the provider’s transmission pipeline;\na producer or any other person that has contracted to sell gas to the failed retailer must make available to a designated RoLR the gas that was contracted to the failed retailer.\na blend processing service provider must make available to a designated RoLR the capacity in its blend processing facility that, immediately before the transfer date, was available to the failed retailer.\nThe pipeline capacity or gas supply must be made available to the designated RoLR under subsection (1) within 24 hours after the RoLR notice containing the direction is given.\nIn forming its opinion under subsection (1) as to whether or not sufficient gas is available in a short term trading market, the AER may proceed on the assumption that there is not sufficient gas unless, before the issue of a RoLR notice, AEMO notifies the AER in writing that there is sufficient gas.\nThe following subsections of this section apply if the AER includes a direction under subsection (1) .\nThe designated RoLR may, but is not obliged to, use any or all of the capacity or take any or all of the gas made available to it by a person who received a direction under subsection (1) .\nThe terms and conditions for the transmission, distribution, sale and supply of gas to the designated RoLR—\nare—\nif there is an applicable access arrangement with respect to the distribution pipeline or transmission pipeline—to be in accordance with that applicable access arrangement; or\nif there is no applicable access arrangement—to be on the same terms and conditions as the contract for pipeline services (however the contract is named in the contract or elsewhere, but referred to in this section as the haulage contract ) in force with the failed retailer immediately before the transfer date; and\nare otherwise to be the same terms and conditions as in the gas sale and purchase contract (however the contract is named in the contract or elsewhere, but referred to in this section as the gas sale contract ) in force with the failed retailer immediately before the transfer date.\nThe terms and conditions for access by the designated RoLR to a blend processing facility are to be the same terms and conditions applicable to the failed retailer immediately before the transfer date.\nDespite subsection (5) , if the terms and conditions of the haulage contract or the gas sale contract materially differ from those that otherwise prevail in the market, the AER may specify in the RoLR notice (or an amendment, which may have effect back to the transfer date) terms and conditions that, in its opinion, better accord with those that otherwise prevail in the market.\nDespite subsection (5a) , the AER may specify terms and conditions if—\nthe terms and conditions under which the failed retailer accessed the blend processing facility materially differ from those that otherwise prevail in the market; and\nthe AER considers that the terms and conditions it specifies better accord with the terms and conditions that otherwise prevail in the market.\nFor subsection (6a) , the terms and conditions specified by the AER may be specified in—\nthe RoLR notice; or\nan amendment to the RoLR notice, which may have effect back to the transfer date.\nIn forming its opinion under subsection (6) or (6a) as to terms and conditions that better accord with those that otherwise prevail in the market, the AER may (without limitation) take into account the individual circumstances of the failed retailer and the designated RoLR.\nThe designated RoLR and distributor or service provider of the transmission pipeline (as the case may be) must, as soon as practicable after the transfer date, commence negotiations for a replacement contract for pipeline services.\nThe designated RoLR and a relevant blend processing service provider must, as soon as practicable after the transfer date, commence negotiations for a replacement contract for access to the blend processing facility.\nIf a replacement contract is agreed, the direction ceases to have effect as from the date the replacement contract has effect.\nIf, after 3 months from the transfer date, no replacement contract has been agreed—\neither party may commence an access dispute under Chapter 5 of the NGL; and\nthe provisions of section 91BH (4) of the NGL apply to the access dispute in the same way as they apply to a determination by the AER of an access dispute referred to in those provisions; and\nthe direction continues in force for the haulage contract until an access determination has effect under the NGL.\nFor the purposes of subsection (10) (a) , the failure to agree to a replacement contract is taken to be an access dispute within the meaning of section 2 (1) of the NGL.\nIf the gas sale contract in its terms continues in force despite the RoLR event—\nthe insolvency official of the failed retailer or the failed retailer (as the case may be) must as soon as practicable after the transfer date commence negotiations with the designated RoLR and the producer or other person who was under the contract selling gas to the failed retailer for—\nthe novation of the contract; or\nits termination and replacement by a new contract,\nbetween the designated RoLR and the producer or other person; and\nif a novation or replacement contract is agreed, the direction ceases to have effect for the gas sale contract as from the date the novation or replacement contract has effect; and\nif, after 3 months from the transfer date, there is no agreement—\nthe insolvency official or failed retailer (as the case may be) must put the gas that is the subject of the contract up for sale by auction and must use their best endeavours to ensure that the auction is completed and the gas is sold within 6 months of the transfer date; and\nthe insolvency official or failed retailer (as the case may be) and the producer or other person who was under the contract selling gas to the failed retailer must execute all documents required for both the auction and the sale of gas, including any new gas sale and purchase contract (however named in the contract or elsewhere) or any novation contract consequent on the auction; and\nwhen the gas has been sold, the direction ceases to have effect for the gas sale contract.\nIf the gas sale contract in its terms terminates or is terminated because of the RoLR event—\nthe producer or other person who was under the contract selling gas to the failed retailer (as the case may be) must as soon as practicable after the transfer date commence negotiations with the designated RoLR for a new contract between the designated RoLR and the producer or other person; and\nif a new contract is agreed, the direction ceases to have effect for the gas sale contract as from the date the replacement contract has effect; and\nif, after 3 months from the transfer date, there is no agreement—\nthe producer or other person who was under the terminated contract selling gas to the failed retailer (as the case may be) must put the gas that is the subject of the terminated contract up for sale by auction and must use their best endeavours to ensure that the auction is completed and the gas is sold within 6 months of the transfer date; and\nthe producer or other person who was under the terminated contract selling gas to the failed retailer (as the case may be) must execute all documents required for both the auction and the sale of gas, including any new gas sale and purchase contract (however named in the contract or elsewhere) consequent on the auction; and\nwhen the gas has been sold, the direction ceases to have effect for the gas sale contract.\nIn this section, access determination , blend processing facility , blend processing service provider , distribution pipeline , pipeline services , producer , service provider and transmission pipeline have the same meanings as in the NGL and distributor includes a service provider for a pipeline that is not a scheme pipeline within the meaning of the NGL.\ns 137 amd 2022 No. 21 (SA) s 8 ; 2023 No. 36 (SA) s 81 ; 2025 No. 61 (SA) s 7\n(sec.137-ssec.1) If, in the case of gas, there is no declared wholesale gas market or short term trading market or where, in the opinion of the AER, sufficient capacity or gas is not available in a short term trading market, the AER may include a direction in a RoLR notice to the effect of any or all of the following: a distributor must make available to a designated RoLR the capacity that was available, immediately before the transfer date, to the failed retailer on the distributor’s distribution pipeline; a service provider for a transmission pipeline must make available to a designated RoLR the capacity that was available, immediately before the transfer date, to the failed retailer on the provider’s transmission pipeline; a producer or any other person that has contracted to sell gas to the failed retailer must make available to a designated RoLR the gas that was contracted to the failed retailer. a blend processing service provider must make available to a designated RoLR the capacity in its blend processing facility that, immediately before the transfer date, was available to the failed retailer.\n(sec.137-ssec.1a) The pipeline capacity or gas supply must be made available to the designated RoLR under subsection (1) within 24 hours after the RoLR notice containing the direction is given.\n(sec.137-ssec.2) In forming its opinion under subsection (1) as to whether or not sufficient gas is available in a short term trading market, the AER may proceed on the assumption that there is not sufficient gas unless, before the issue of a RoLR notice, AEMO notifies the AER in writing that there is sufficient gas.\n(sec.137-ssec.3) The following subsections of this section apply if the AER includes a direction under subsection (1) .\n(sec.137-ssec.4) The designated RoLR may, but is not obliged to, use any or all of the capacity or take any or all of the gas made available to it by a person who received a direction under subsection (1) .\n(sec.137-ssec.5) The terms and conditions for the transmission, distribution, sale and supply of gas to the designated RoLR— are— if there is an applicable access arrangement with respect to the distribution pipeline or transmission pipeline—to be in accordance with that applicable access arrangement; or if there is no applicable access arrangement—to be on the same terms and conditions as the contract for pipeline services (however the contract is named in the contract or elsewhere, but referred to in this section as the haulage contract ) in force with the failed retailer immediately before the transfer date; and are otherwise to be the same terms and conditions as in the gas sale and purchase contract (however the contract is named in the contract or elsewhere, but referred to in this section as the gas sale contract ) in force with the failed retailer immediately before the transfer date.\n(sec.137-ssec.5a) The terms and conditions for access by the designated RoLR to a blend processing facility are to be the same terms and conditions applicable to the failed retailer immediately before the transfer date.\n(sec.137-ssec.6) Despite subsection (5) , if the terms and conditions of the haulage contract or the gas sale contract materially differ from those that otherwise prevail in the market, the AER may specify in the RoLR notice (or an amendment, which may have effect back to the transfer date) terms and conditions that, in its opinion, better accord with those that otherwise prevail in the market.\n(sec.137-ssec.6a) Despite subsection (5a) , the AER may specify terms and conditions if— the terms and conditions under which the failed retailer accessed the blend processing facility materially differ from those that otherwise prevail in the market; and the AER considers that the terms and conditions it specifies better accord with the terms and conditions that otherwise prevail in the market.\n(sec.137-ssec.6b) For subsection (6a) , the terms and conditions specified by the AER may be specified in— the RoLR notice; or an amendment to the RoLR notice, which may have effect back to the transfer date.\n(sec.137-ssec.7) In forming its opinion under subsection (6) or (6a) as to terms and conditions that better accord with those that otherwise prevail in the market, the AER may (without limitation) take into account the individual circumstances of the failed retailer and the designated RoLR.\n(sec.137-ssec.8) The designated RoLR and distributor or service provider of the transmission pipeline (as the case may be) must, as soon as practicable after the transfer date, commence negotiations for a replacement contract for pipeline services.\n(sec.137-ssec.8a) The designated RoLR and a relevant blend processing service provider must, as soon as practicable after the transfer date, commence negotiations for a replacement contract for access to the blend processing facility.\n(sec.137-ssec.9) If a replacement contract is agreed, the direction ceases to have effect as from the date the replacement contract has effect.\n(sec.137-ssec.10) If, after 3 months from the transfer date, no replacement contract has been agreed— either party may commence an access dispute under Chapter 5 of the NGL; and the provisions of section 91BH (4) of the NGL apply to the access dispute in the same way as they apply to a determination by the AER of an access dispute referred to in those provisions; and the direction continues in force for the haulage contract until an access determination has effect under the NGL.\n(sec.137-ssec.11) For the purposes of subsection (10) (a) , the failure to agree to a replacement contract is taken to be an access dispute within the meaning of section 2 (1) of the NGL.\n(sec.137-ssec.12) If the gas sale contract in its terms continues in force despite the RoLR event— the insolvency official of the failed retailer or the failed retailer (as the case may be) must as soon as practicable after the transfer date commence negotiations with the designated RoLR and the producer or other person who was under the contract selling gas to the failed retailer for— the novation of the contract; or its termination and replacement by a new contract, between the designated RoLR and the producer or other person; and if a novation or replacement contract is agreed, the direction ceases to have effect for the gas sale contract as from the date the novation or replacement contract has effect; and if, after 3 months from the transfer date, there is no agreement— the insolvency official or failed retailer (as the case may be) must put the gas that is the subject of the contract up for sale by auction and must use their best endeavours to ensure that the auction is completed and the gas is sold within 6 months of the transfer date; and the insolvency official or failed retailer (as the case may be) and the producer or other person who was under the contract selling gas to the failed retailer must execute all documents required for both the auction and the sale of gas, including any new gas sale and purchase contract (however named in the contract or elsewhere) or any novation contract consequent on the auction; and when the gas has been sold, the direction ceases to have effect for the gas sale contract.\n(sec.137-ssec.13) If the gas sale contract in its terms terminates or is terminated because of the RoLR event— the producer or other person who was under the contract selling gas to the failed retailer (as the case may be) must as soon as practicable after the transfer date commence negotiations with the designated RoLR for a new contract between the designated RoLR and the producer or other person; and if a new contract is agreed, the direction ceases to have effect for the gas sale contract as from the date the replacement contract has effect; and if, after 3 months from the transfer date, there is no agreement— the producer or other person who was under the terminated contract selling gas to the failed retailer (as the case may be) must put the gas that is the subject of the terminated contract up for sale by auction and must use their best endeavours to ensure that the auction is completed and the gas is sold within 6 months of the transfer date; and the producer or other person who was under the terminated contract selling gas to the failed retailer (as the case may be) must execute all documents required for both the auction and the sale of gas, including any new gas sale and purchase contract (however named in the contract or elsewhere) consequent on the auction; and when the gas has been sold, the direction ceases to have effect for the gas sale contract.\n(sec.137-ssec.14) In this section, access determination , blend processing facility , blend processing service provider , distribution pipeline , pipeline services , producer , service provider and transmission pipeline have the same meanings as in the NGL and distributor includes a service provider for a pipeline that is not a scheme pipeline within the meaning of the NGL.\n- (a) a distributor must make available to a designated RoLR the capacity that was available, immediately before the transfer date, to the failed retailer on the distributor’s distribution pipeline;\n- (b) a service provider for a transmission pipeline must make available to a designated RoLR the capacity that was available, immediately before the transfer date, to the failed retailer on the provider’s transmission pipeline;\n- (c) a producer or any other person that has contracted to sell gas to the failed retailer must make available to a designated RoLR the gas that was contracted to the failed retailer.\n- (d) a blend processing service provider must make available to a designated RoLR the capacity in its blend processing facility that, immediately before the transfer date, was available to the failed retailer.\n- (a) are— (i) if there is an applicable access arrangement with respect to the distribution pipeline or transmission pipeline—to be in accordance with that applicable access arrangement; or (ii) if there is no applicable access arrangement—to be on the same terms and conditions as the contract for pipeline services (however the contract is named in the contract or elsewhere, but referred to in this section as the haulage contract ) in force with the failed retailer immediately before the transfer date; and\n- (i) if there is an applicable access arrangement with respect to the distribution pipeline or transmission pipeline—to be in accordance with that applicable access arrangement; or\n- (ii) if there is no applicable access arrangement—to be on the same terms and conditions as the contract for pipeline services (however the contract is named in the contract or elsewhere, but referred to in this section as the haulage contract ) in force with the failed retailer immediately before the transfer date; and\n- (b) are otherwise to be the same terms and conditions as in the gas sale and purchase contract (however the contract is named in the contract or elsewhere, but referred to in this section as the gas sale contract ) in force with the failed retailer immediately before the transfer date.\n- (i) if there is an applicable access arrangement with respect to the distribution pipeline or transmission pipeline—to be in accordance with that applicable access arrangement; or\n- (ii) if there is no applicable access arrangement—to be on the same terms and conditions as the contract for pipeline services (however the contract is named in the contract or elsewhere, but referred to in this section as the haulage contract ) in force with the failed retailer immediately before the transfer date; and\n- (a) the terms and conditions under which the failed retailer accessed the blend processing facility materially differ from those that otherwise prevail in the market; and\n- (b) the AER considers that the terms and conditions it specifies better accord with the terms and conditions that otherwise prevail in the market.\n- (a) the RoLR notice; or\n- (b) an amendment to the RoLR notice, which may have effect back to the transfer date.\n- (a) either party may commence an access dispute under Chapter 5 of the NGL; and\n- (b) the provisions of section 91BH (4) of the NGL apply to the access dispute in the same way as they apply to a determination by the AER of an access dispute referred to in those provisions; and\n- (c) the direction continues in force for the haulage contract until an access determination has effect under the NGL.\n- (a) the insolvency official of the failed retailer or the failed retailer (as the case may be) must as soon as practicable after the transfer date commence negotiations with the designated RoLR and the producer or other person who was under the contract selling gas to the failed retailer for— (i) the novation of the contract; or (ii) its termination and replacement by a new contract, between the designated RoLR and the producer or other person; and\n- (i) the novation of the contract; or\n- (ii) its termination and replacement by a new contract,\n- (b) if a novation or replacement contract is agreed, the direction ceases to have effect for the gas sale contract as from the date the novation or replacement contract has effect; and\n- (c) if, after 3 months from the transfer date, there is no agreement— (i) the insolvency official or failed retailer (as the case may be) must put the gas that is the subject of the contract up for sale by auction and must use their best endeavours to ensure that the auction is completed and the gas is sold within 6 months of the transfer date; and (ii) the insolvency official or failed retailer (as the case may be) and the producer or other person who was under the contract selling gas to the failed retailer must execute all documents required for both the auction and the sale of gas, including any new gas sale and purchase contract (however named in the contract or elsewhere) or any novation contract consequent on the auction; and (iii) when the gas has been sold, the direction ceases to have effect for the gas sale contract.\n- (i) the insolvency official or failed retailer (as the case may be) must put the gas that is the subject of the contract up for sale by auction and must use their best endeavours to ensure that the auction is completed and the gas is sold within 6 months of the transfer date; and\n- (ii) the insolvency official or failed retailer (as the case may be) and the producer or other person who was under the contract selling gas to the failed retailer must execute all documents required for both the auction and the sale of gas, including any new gas sale and purchase contract (however named in the contract or elsewhere) or any novation contract consequent on the auction; and\n- (iii) when the gas has been sold, the direction ceases to have effect for the gas sale contract.\n- (i) the novation of the contract; or\n- (ii) its termination and replacement by a new contract,\n- (i) the insolvency official or failed retailer (as the case may be) must put the gas that is the subject of the contract up for sale by auction and must use their best endeavours to ensure that the auction is completed and the gas is sold within 6 months of the transfer date; and\n- (ii) the insolvency official or failed retailer (as the case may be) and the producer or other person who was under the contract selling gas to the failed retailer must execute all documents required for both the auction and the sale of gas, including any new gas sale and purchase contract (however named in the contract or elsewhere) or any novation contract consequent on the auction; and\n- (iii) when the gas has been sold, the direction ceases to have effect for the gas sale contract.\n- (a) the producer or other person who was under the contract selling gas to the failed retailer (as the case may be) must as soon as practicable after the transfer date commence negotiations with the designated RoLR for a new contract between the designated RoLR and the producer or other person; and\n- (b) if a new contract is agreed, the direction ceases to have effect for the gas sale contract as from the date the replacement contract has effect; and\n- (c) if, after 3 months from the transfer date, there is no agreement— (i) the producer or other person who was under the terminated contract selling gas to the failed retailer (as the case may be) must put the gas that is the subject of the terminated contract up for sale by auction and must use their best endeavours to ensure that the auction is completed and the gas is sold within 6 months of the transfer date; and (ii) the producer or other person who was under the terminated contract selling gas to the failed retailer (as the case may be) must execute all documents required for both the auction and the sale of gas, including any new gas sale and purchase contract (however named in the contract or elsewhere) consequent on the auction; and (iii) when the gas has been sold, the direction ceases to have effect for the gas sale contract.\n- (i) the producer or other person who was under the terminated contract selling gas to the failed retailer (as the case may be) must put the gas that is the subject of the terminated contract up for sale by auction and must use their best endeavours to ensure that the auction is completed and the gas is sold within 6 months of the transfer date; and\n- (ii) the producer or other person who was under the terminated contract selling gas to the failed retailer (as the case may be) must execute all documents required for both the auction and the sale of gas, including any new gas sale and purchase contract (however named in the contract or elsewhere) consequent on the auction; and\n- (iii) when the gas has been sold, the direction ceases to have effect for the gas sale contract.\n- (i) the producer or other person who was under the terminated contract selling gas to the failed retailer (as the case may be) must put the gas that is the subject of the terminated contract up for sale by auction and must use their best endeavours to ensure that the auction is completed and the gas is sold within 6 months of the transfer date; and\n- (ii) the producer or other person who was under the terminated contract selling gas to the failed retailer (as the case may be) must execute all documents required for both the auction and the sale of gas, including any new gas sale and purchase contract (however named in the contract or elsewhere) consequent on the auction; and\n- (iii) when the gas has been sold, the direction ceases to have effect for the gas sale contract.","sortOrder":241},{"sectionNumber":"sec.138","sectionType":"section","heading":"Service and publication of RoLR notice","content":"### sec.138 Service and publication of RoLR notice\n\nA RoLR notice or a notice amending a RoLR notice—\nmust be given to—\nthe failed retailer at its registered office and (if different) its principal place of business; and\nany insolvency official of the failed retailer; and\nAEMO; and\nthe designated RoLR or RoLRs; and\nthe distributors; and\nthe Ministers of the participating jurisdictions; and\nmay be given to any other person whom the AER considers appropriate to be served; and\nmust be published on the AER’s website; and\nmust be published by AEMO and copies provided by AEMO to all Registered participants within the meaning of the NEL and NGL.\nThe notice should, if reasonably practicable, be given before being published, but prior publication does not affect the validity or operation of the notice.\nThe notice is effective, in accordance with its terms, on and from the date of service or the date of publication, whichever first occurs.\n(sec.138-ssec.1) A RoLR notice or a notice amending a RoLR notice— must be given to— the failed retailer at its registered office and (if different) its principal place of business; and any insolvency official of the failed retailer; and AEMO; and the designated RoLR or RoLRs; and the distributors; and the Ministers of the participating jurisdictions; and may be given to any other person whom the AER considers appropriate to be served; and must be published on the AER’s website; and must be published by AEMO and copies provided by AEMO to all Registered participants within the meaning of the NEL and NGL.\n(sec.138-ssec.2) The notice should, if reasonably practicable, be given before being published, but prior publication does not affect the validity or operation of the notice.\n(sec.138-ssec.3) The notice is effective, in accordance with its terms, on and from the date of service or the date of publication, whichever first occurs.\n- (a) must be given to— (i) the failed retailer at its registered office and (if different) its principal place of business; and (ii) any insolvency official of the failed retailer; and (iii) AEMO; and (iv) the designated RoLR or RoLRs; and (v) the distributors; and (vi) the Ministers of the participating jurisdictions; and\n- (i) the failed retailer at its registered office and (if different) its principal place of business; and\n- (ii) any insolvency official of the failed retailer; and\n- (iii) AEMO; and\n- (iv) the designated RoLR or RoLRs; and\n- (v) the distributors; and\n- (vi) the Ministers of the participating jurisdictions; and\n- (b) may be given to any other person whom the AER considers appropriate to be served; and\n- (c) must be published on the AER’s website; and\n- (d) must be published by AEMO and copies provided by AEMO to all Registered participants within the meaning of the NEL and NGL.\n- (i) the failed retailer at its registered office and (if different) its principal place of business; and\n- (ii) any insolvency official of the failed retailer; and\n- (iii) AEMO; and\n- (iv) the designated RoLR or RoLRs; and\n- (v) the distributors; and\n- (vi) the Ministers of the participating jurisdictions; and","sortOrder":242},{"sectionNumber":"sec.139","sectionType":"section","heading":"Publication requirements for RoLR events","content":"### sec.139 Publication requirements for RoLR events\n\nThis section applies if a RoLR notice is issued by the AER.\nNotice of the RoLR event must be published on—\nthe AER’s website; and\nAEMO’s website; and\nthe failed retailer’s website, if possible; and\nthe designated RoLR’s website.\nRecorded or live messages giving information about the RoLR event must be readily available on—\nthe failed retailer’s call centre telephone number, if possible; and\nthe AER’s call centre telephone number; and\nthe designated RoLR’s call centre telephone number.\nIf and to the extent the AER considers it necessary or desirable to do so, the AER may place advertisements in newspapers or on radio and television in the area or areas served by the failed retailer giving information about the RoLR event.\nThis section does not prevent a RoLR plan—\nhaving requirements for notification directly to customers by the designated RoLR (or by any other person) of a RoLR event or of the change of retailer, or both; or\nmaking additional provision for publication of a RoLR event.\ns 139 amd 2012 No. 16 (SA) s 13\n(sec.139-ssec.a1) This section applies if a RoLR notice is issued by the AER.\n(sec.139-ssec.1) Notice of the RoLR event must be published on— the AER’s website; and AEMO’s website; and the failed retailer’s website, if possible; and the designated RoLR’s website.\n(sec.139-ssec.2) Recorded or live messages giving information about the RoLR event must be readily available on— the failed retailer’s call centre telephone number, if possible; and the AER’s call centre telephone number; and the designated RoLR’s call centre telephone number.\n(sec.139-ssec.3) If and to the extent the AER considers it necessary or desirable to do so, the AER may place advertisements in newspapers or on radio and television in the area or areas served by the failed retailer giving information about the RoLR event.\n(sec.139-ssec.4) This section does not prevent a RoLR plan— having requirements for notification directly to customers by the designated RoLR (or by any other person) of a RoLR event or of the change of retailer, or both; or making additional provision for publication of a RoLR event.\n- (a) the AER’s website; and\n- (b) AEMO’s website; and\n- (c) the failed retailer’s website, if possible; and\n- (d) the designated RoLR’s website.\n- (a) the failed retailer’s call centre telephone number, if possible; and\n- (b) the AER’s call centre telephone number; and\n- (c) the designated RoLR’s call centre telephone number.\n- (a) having requirements for notification directly to customers by the designated RoLR (or by any other person) of a RoLR event or of the change of retailer, or both; or\n- (b) making additional provision for publication of a RoLR event.","sortOrder":243},{"sectionNumber":"sec.140","sectionType":"section","heading":"Transfer of responsibility","content":"### sec.140 Transfer of responsibility\n\nEach person who was a customer of a failed retailer immediately before the transfer date—\nceases, by force of this Law, to be a customer of the failed retailer on that date; and\nbecomes, by force of this Law, a customer of the relevant designated RoLR immediately after so ceasing to be a customer of the failed retailer.\nOn and from the transfer date, and in relation to the customers transferred to it and subject to and in accordance with the RoLR Procedures, the designated RoLR assumes the functions and powers of the failed retailer under the energy laws, including (without limitation)—\nfor electricity—in the case of any metering installation where the failed retailer was as at the transfer date the responsible person, the designated RoLR becomes, by force of this Law, the responsible person; and\nfor electricity—in the case of any other metering installation in respect of which there is as at the transfer date an agreement in force under rule 7.2.3 of the NER between the failed retailer and the Local Network Service Provider, the designated RoLR becomes, by force of this Law, party to that agreement in place of the failed retailer; and\nfor electricity—in any case where the failed retailer (in its capacity as responsible person) has entered into an agreement under rule 7.2.5 of the NER with a Metering Provider, the designated RoLR by force of this Law becomes, by force of this Law, party to that agreement in place of the failed retailer; and\nany function or power prescribed by the National Regulations for the purposes of this section; and\nany function or power specified in energy laws for the purposes of, or in connection with matters provided under, this section.\nThe designated RoLR assumes no financial or other liabilities of the failed retailer under an agreement referred to in subsection (2) where that liability accrues before the transfer date.\nThe designated RoLR must, if it is notified by the AER, the failed retailer, an insolvency official or a distributor that the premises of a customer of the failed retailer has life support equipment, comply with the obligations as to life support equipment that apply to retailers under the Rules as if the designated RoLR had been notified by the customer.\nThe designated RoLR must, if it is notified by a customer, the AER, the failed retailer, an insolvency official or a distributor that the customer is in receipt of a tariff payment, credit or other benefit referred to in section 154 (2) (h) , comply with the feed-in arrangement concerned.\nSubject to the RoLR Procedures—\ntransfers of customers to the failed retailer from another retailer that were under way as at the transfer date are to cease on and from that date; and\nthose customers instead remain customers of that other retailer on their previous contractual terms and conditions with that retailer; and\ndespite anything to the contrary in the previous contract with such a customer, the customer may terminate the contract with that other retailer on one month’s notice or a lesser period allowed by the previous terms and conditions.\nSubject to the RoLR Procedures, if a large customer in electricity has notified AEMO in writing before the transfer date as to who its retailer (the nominated retailer ) will be in a RoLR event and that it has agreed terms and conditions with the nominated retailer, and the nominated retailer has also notified AEMO in writing that it has agreed to be the nominated retailer for that customer—\nAEMO may transfer that customer to the nominated retailer rather than the designated RoLR; and\nthe customer becomes, by force of this Law, a customer of the nominated retailer as at the transfer date on the terms and conditions agreed between the large customer and the nominated retailer.\nIn this section, Local Network Service Provider , metering installation , Metering Provider and responsible person have the same meanings as in the NER.\n(sec.140-ssec.1) Each person who was a customer of a failed retailer immediately before the transfer date— ceases, by force of this Law, to be a customer of the failed retailer on that date; and becomes, by force of this Law, a customer of the relevant designated RoLR immediately after so ceasing to be a customer of the failed retailer.\n(sec.140-ssec.2) On and from the transfer date, and in relation to the customers transferred to it and subject to and in accordance with the RoLR Procedures, the designated RoLR assumes the functions and powers of the failed retailer under the energy laws, including (without limitation)— for electricity—in the case of any metering installation where the failed retailer was as at the transfer date the responsible person, the designated RoLR becomes, by force of this Law, the responsible person; and for electricity—in the case of any other metering installation in respect of which there is as at the transfer date an agreement in force under rule 7.2.3 of the NER between the failed retailer and the Local Network Service Provider, the designated RoLR becomes, by force of this Law, party to that agreement in place of the failed retailer; and for electricity—in any case where the failed retailer (in its capacity as responsible person) has entered into an agreement under rule 7.2.5 of the NER with a Metering Provider, the designated RoLR by force of this Law becomes, by force of this Law, party to that agreement in place of the failed retailer; and any function or power prescribed by the National Regulations for the purposes of this section; and any function or power specified in energy laws for the purposes of, or in connection with matters provided under, this section.\n(sec.140-ssec.3) The designated RoLR assumes no financial or other liabilities of the failed retailer under an agreement referred to in subsection (2) where that liability accrues before the transfer date.\n(sec.140-ssec.4) The designated RoLR must, if it is notified by the AER, the failed retailer, an insolvency official or a distributor that the premises of a customer of the failed retailer has life support equipment, comply with the obligations as to life support equipment that apply to retailers under the Rules as if the designated RoLR had been notified by the customer.\n(sec.140-ssec.5) The designated RoLR must, if it is notified by a customer, the AER, the failed retailer, an insolvency official or a distributor that the customer is in receipt of a tariff payment, credit or other benefit referred to in section 154 (2) (h) , comply with the feed-in arrangement concerned.\n(sec.140-ssec.6) Subject to the RoLR Procedures— transfers of customers to the failed retailer from another retailer that were under way as at the transfer date are to cease on and from that date; and those customers instead remain customers of that other retailer on their previous contractual terms and conditions with that retailer; and despite anything to the contrary in the previous contract with such a customer, the customer may terminate the contract with that other retailer on one month’s notice or a lesser period allowed by the previous terms and conditions.\n(sec.140-ssec.7) Subject to the RoLR Procedures, if a large customer in electricity has notified AEMO in writing before the transfer date as to who its retailer (the nominated retailer ) will be in a RoLR event and that it has agreed terms and conditions with the nominated retailer, and the nominated retailer has also notified AEMO in writing that it has agreed to be the nominated retailer for that customer— AEMO may transfer that customer to the nominated retailer rather than the designated RoLR; and the customer becomes, by force of this Law, a customer of the nominated retailer as at the transfer date on the terms and conditions agreed between the large customer and the nominated retailer.\n(sec.140-ssec.8) In this section, Local Network Service Provider , metering installation , Metering Provider and responsible person have the same meanings as in the NER.\n- (a) ceases, by force of this Law, to be a customer of the failed retailer on that date; and\n- (b) becomes, by force of this Law, a customer of the relevant designated RoLR immediately after so ceasing to be a customer of the failed retailer.\n- (a) for electricity—in the case of any metering installation where the failed retailer was as at the transfer date the responsible person, the designated RoLR becomes, by force of this Law, the responsible person; and\n- (b) for electricity—in the case of any other metering installation in respect of which there is as at the transfer date an agreement in force under rule 7.2.3 of the NER between the failed retailer and the Local Network Service Provider, the designated RoLR becomes, by force of this Law, party to that agreement in place of the failed retailer; and\n- (c) for electricity—in any case where the failed retailer (in its capacity as responsible person) has entered into an agreement under rule 7.2.5 of the NER with a Metering Provider, the designated RoLR by force of this Law becomes, by force of this Law, party to that agreement in place of the failed retailer; and\n- (d) any function or power prescribed by the National Regulations for the purposes of this section; and\n- (e) any function or power specified in energy laws for the purposes of, or in connection with matters provided under, this section.\n- (a) transfers of customers to the failed retailer from another retailer that were under way as at the transfer date are to cease on and from that date; and\n- (b) those customers instead remain customers of that other retailer on their previous contractual terms and conditions with that retailer; and\n- (c) despite anything to the contrary in the previous contract with such a customer, the customer may terminate the contract with that other retailer on one month’s notice or a lesser period allowed by the previous terms and conditions.\n- (a) AEMO may transfer that customer to the nominated retailer rather than the designated RoLR; and\n- (b) the customer becomes, by force of this Law, a customer of the nominated retailer as at the transfer date on the terms and conditions agreed between the large customer and the nominated retailer.","sortOrder":244},{"sectionNumber":"sec.141","sectionType":"section","heading":"Termination of customer retail contracts","content":"### sec.141 Termination of customer retail contracts\n\nThe contract for the sale of energy between a failed retailer and each person who was a customer of the retailer immediately before the transfer date is terminated on the transfer date by force of this Law.\nTermination of a contract under this section does not affect any rights and obligations that have already accrued under the contract, but no early termination charge is payable where a contract is terminated under this section.\nSubsection (1) has effect even though the financially responsible retailer might not change from the failed retailer to the relevant designated RoLR until after the transfer date.\nAny complaint or dispute between a failed retailer and a small customer (whether the complaint or dispute arose on, before or after the transfer date) may continue to be dealt with as if the failed retailer’s authorisation has not been revoked under section 142 , and—\nPart 4 continues to apply to the complaint or dispute; and\nan insolvency official of the failed retailer is also subject to and bound by Part 4 in dealing with the complaint or dispute.\nThe insolvency official of a failed retailer or the failed retailer (as the case may be) must take steps to cancel with effect on and from the transfer date any direct debit authorisations (including any Centrepay deductions) that are in place for any customer of the failed retailer. Cancellation of a direct debit authorisation does not affect a customer’s obligation to pay for any energy consumed before the transfer date.\nIf a customer of a failed retailer has paid amounts to the retailer in advance towards the customer’s energy bill, the insolvency official of the failed retailer or the failed retailer (as the case may be) must—\napply those amounts to the payment of the customer’s account, but only insofar as that payment is for energy consumed before the transfer date; and\npay any balance remaining to the customer.\nIf a customer has paid the failed retailer in whole or in part for a service order and as at the transfer date the order has not been completed—\nthe designated RoLR may—\nplace the order with the relevant distributor; and\nif the order has already been placed, take steps to ensure its completion; and\nthe customer is not liable to pay for the order except to the extent that the customer had not already paid as at the transfer date.\nIf a payment plan is in force with the failed retailer, the failed retailer or insolvency official (as the case requires) or their assignees must continue to comply with that plan insofar as it provides for the payment by instalments of any arrears that are outstanding as at the transfer date.\nAny security deposit paid by a small customer to a failed retailer (and any interest accrued on that deposit) must be refunded to the customer by the failed retailer or insolvency official without any deduction other than in respect of energy consumed (but not paid for) before the transfer date.\nIf a small customer is on a prepayment meter market retail contract, a payment equal to the value of any credit remaining in the prepayment meter system account as at the transfer date must be made by the failed retailer or insolvency official to the small customer without any deduction.\nIf a small customer of a failed retailer is on a standard retail contract (card-operated meters), a payment equal to the value of any credit remaining on the small customer’s card used with the card-operated meter as at the transfer date must be made by the failed retailer or insolvency official to the small customer without any deduction.\nThis subsection is an additional Queensland provision.\ns 141 amd 2014 No. 49 (Qld) s 4 sch s 26\n(sec.141-ssec.1) The contract for the sale of energy between a failed retailer and each person who was a customer of the retailer immediately before the transfer date is terminated on the transfer date by force of this Law.\n(sec.141-ssec.2) Termination of a contract under this section does not affect any rights and obligations that have already accrued under the contract, but no early termination charge is payable where a contract is terminated under this section.\n(sec.141-ssec.3) Subsection (1) has effect even though the financially responsible retailer might not change from the failed retailer to the relevant designated RoLR until after the transfer date.\n(sec.141-ssec.4) Any complaint or dispute between a failed retailer and a small customer (whether the complaint or dispute arose on, before or after the transfer date) may continue to be dealt with as if the failed retailer’s authorisation has not been revoked under section 142 , and— Part 4 continues to apply to the complaint or dispute; and an insolvency official of the failed retailer is also subject to and bound by Part 4 in dealing with the complaint or dispute.\n(sec.141-ssec.5) The insolvency official of a failed retailer or the failed retailer (as the case may be) must take steps to cancel with effect on and from the transfer date any direct debit authorisations (including any Centrepay deductions) that are in place for any customer of the failed retailer. Cancellation of a direct debit authorisation does not affect a customer’s obligation to pay for any energy consumed before the transfer date.\n(sec.141-ssec.6) If a customer of a failed retailer has paid amounts to the retailer in advance towards the customer’s energy bill, the insolvency official of the failed retailer or the failed retailer (as the case may be) must— apply those amounts to the payment of the customer’s account, but only insofar as that payment is for energy consumed before the transfer date; and pay any balance remaining to the customer.\n(sec.141-ssec.7) If a customer has paid the failed retailer in whole or in part for a service order and as at the transfer date the order has not been completed— the designated RoLR may— place the order with the relevant distributor; and if the order has already been placed, take steps to ensure its completion; and the customer is not liable to pay for the order except to the extent that the customer had not already paid as at the transfer date.\n(sec.141-ssec.8) If a payment plan is in force with the failed retailer, the failed retailer or insolvency official (as the case requires) or their assignees must continue to comply with that plan insofar as it provides for the payment by instalments of any arrears that are outstanding as at the transfer date.\n(sec.141-ssec.9) Any security deposit paid by a small customer to a failed retailer (and any interest accrued on that deposit) must be refunded to the customer by the failed retailer or insolvency official without any deduction other than in respect of energy consumed (but not paid for) before the transfer date.\n(sec.141-ssec.10) If a small customer is on a prepayment meter market retail contract, a payment equal to the value of any credit remaining in the prepayment meter system account as at the transfer date must be made by the failed retailer or insolvency official to the small customer without any deduction.\n(sec.141-ssec.11) If a small customer of a failed retailer is on a standard retail contract (card-operated meters), a payment equal to the value of any credit remaining on the small customer’s card used with the card-operated meter as at the transfer date must be made by the failed retailer or insolvency official to the small customer without any deduction.\n- (a) Part 4 continues to apply to the complaint or dispute; and\n- (b) an insolvency official of the failed retailer is also subject to and bound by Part 4 in dealing with the complaint or dispute.\n- (a) apply those amounts to the payment of the customer’s account, but only insofar as that payment is for energy consumed before the transfer date; and\n- (b) pay any balance remaining to the customer.\n- (a) the designated RoLR may— (i) place the order with the relevant distributor; and (ii) if the order has already been placed, take steps to ensure its completion; and\n- (i) place the order with the relevant distributor; and\n- (ii) if the order has already been placed, take steps to ensure its completion; and\n- (b) the customer is not liable to pay for the order except to the extent that the customer had not already paid as at the transfer date.\n- (i) place the order with the relevant distributor; and\n- (ii) if the order has already been placed, take steps to ensure its completion; and","sortOrder":245},{"sectionNumber":"sec.142","sectionType":"section","heading":"Revocation of retailer authorisation","content":"### sec.142 Revocation of retailer authorisation\n\nIf a failed retailer has not already had its authorisation revoked under this Law, the AER may at the same time as it issues the RoLR notice for the retailer, and by endorsement on that notice, revoke the retailer authorisation with effect from the transfer date.\nDivisions 5 and 7 of Part 5 do not apply in relation to the revocation of a retailer authorisation under this section, but nothing prevents the AER from applying the revocation process referred to in those Divisions, or any aspect of it, in relation to the revocation if the AER so decides.\n(sec.142-ssec.1) If a failed retailer has not already had its authorisation revoked under this Law, the AER may at the same time as it issues the RoLR notice for the retailer, and by endorsement on that notice, revoke the retailer authorisation with effect from the transfer date.\n(sec.142-ssec.2) Divisions 5 and 7 of Part 5 do not apply in relation to the revocation of a retailer authorisation under this section, but nothing prevents the AER from applying the revocation process referred to in those Divisions, or any aspect of it, in relation to the revocation if the AER so decides.","sortOrder":246},{"sectionNumber":"sec.143","sectionType":"section","heading":"Compliance requirements following service of RoLR notice","content":"### sec.143 Compliance requirements following service of RoLR notice\n\nAEMO must, in relation to the RoLR event concerned, comply with the applicable requirements of the notice, this Part, the RoLR Procedures and the National Regulations.\nThe failed retailer, any insolvency official of the failed retailer and anyone else given a RoLR notice must, in relation to the RoLR event concerned—\ncomply with the notice; and\ncomply with the applicable requirements of—\nthis Part; and\nthe RoLR Procedures; and\nthe National Regulations.\nSubsection (2) (a) is a civil penalty provision.\nA RoLR notice cannot impose requirements on a Minister of a participating jurisdiction without the consent of that Minister.\n(sec.143-ssec.1) AEMO must, in relation to the RoLR event concerned, comply with the applicable requirements of the notice, this Part, the RoLR Procedures and the National Regulations.\n(sec.143-ssec.2) The failed retailer, any insolvency official of the failed retailer and anyone else given a RoLR notice must, in relation to the RoLR event concerned— comply with the notice; and comply with the applicable requirements of— this Part; and the RoLR Procedures; and the National Regulations. Subsection (2) (a) is a civil penalty provision.\n(sec.143-ssec.3) A RoLR notice cannot impose requirements on a Minister of a participating jurisdiction without the consent of that Minister.\n- (a) comply with the notice; and\n- (b) comply with the applicable requirements of— (i) this Part; and (ii) the RoLR Procedures; and (iii) the National Regulations.\n- (i) this Part; and\n- (ii) the RoLR Procedures; and\n- (iii) the National Regulations.\n- (i) this Part; and\n- (ii) the RoLR Procedures; and\n- (iii) the National Regulations.","sortOrder":247},{"sectionNumber":"sec.144","sectionType":"section","heading":"RoLR Procedures","content":"### sec.144 RoLR Procedures\n\nAEMO may include, in procedures that it makes pursuant to the NEL and the NGL, procedures that deal with the following:\nany matters relating to the operation or implementation of the RoLR scheme;\nwithout limiting paragraph (a) —\nany matter referred to in section 149 (2) ; and\nthe transfer of customers from failed retailers to designated RoLRs; and\nthe acceleration or cancellation of open transactions; and\naudits and reviews;\nwithout limiting paragraphs (a) and (b) —\nin the case of electricity—any matter that the Retail Market Procedures, including B2B Procedures, the Market Settlement and Transfer Solution (MSATS) Procedures and metrology procedure deal with insofar as any of those procedures make provision at the commencement of this section with respect to RoLR events; and\nin the case of gas—any matter that the relevant Retail Market Procedures deal with insofar as those procedures make provision at the commencement of this section with respect to RoLR events;\nany other matter relevant to the RoLR scheme;\nany matter consequential on or related to any of the above.\nProcedures that AEMO makes pursuant to this section may—\napply separately to—\nelectricity; or\nnatural gas and natural gas equivalents; or\n1 or more types of prescribed covered gas; and\nvary according to the persons, times, places or circumstances to which they are expressed to apply; and\nconfer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\nconfer rights or impose obligations on retailers (including failed retailers), insolvency officials of failed retailers, distributors, the AER, AEMO or other persons; and\nconfer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\nconfer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the procedures—\nto comply with a guideline, standard or other document of an administrative nature; or\nto conduct, or submit to, a test designed by AEMO under the procedures; and\nexempt, or confer a power of exemption, from the application of the procedures or specified provisions of the procedures; and\ncontain provisions of a savings or transitional nature.\nAEMO must not, without the consent of the MCE, make procedures pursuant to this section that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\nProcedures made pursuant to this section cannot—\ncreate an offence; or\nprovide for a civil penalty.\nProcedures made pursuant to this section are referred to in this Part as RoLR Procedures .\ns 144 amd 2023 No. 36 (SA) s 82\n(sec.144-ssec.1) AEMO may include, in procedures that it makes pursuant to the NEL and the NGL, procedures that deal with the following: any matters relating to the operation or implementation of the RoLR scheme; without limiting paragraph (a) — any matter referred to in section 149 (2) ; and the transfer of customers from failed retailers to designated RoLRs; and the acceleration or cancellation of open transactions; and audits and reviews; without limiting paragraphs (a) and (b) — in the case of electricity—any matter that the Retail Market Procedures, including B2B Procedures, the Market Settlement and Transfer Solution (MSATS) Procedures and metrology procedure deal with insofar as any of those procedures make provision at the commencement of this section with respect to RoLR events; and in the case of gas—any matter that the relevant Retail Market Procedures deal with insofar as those procedures make provision at the commencement of this section with respect to RoLR events; any other matter relevant to the RoLR scheme; any matter consequential on or related to any of the above.\n(sec.144-ssec.2) Procedures that AEMO makes pursuant to this section may— apply separately to— electricity; or natural gas and natural gas equivalents; or 1 or more types of prescribed covered gas; and vary according to the persons, times, places or circumstances to which they are expressed to apply; and confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and confer rights or impose obligations on retailers (including failed retailers), insolvency officials of failed retailers, distributors, the AER, AEMO or other persons; and confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the procedures— to comply with a guideline, standard or other document of an administrative nature; or to conduct, or submit to, a test designed by AEMO under the procedures; and exempt, or confer a power of exemption, from the application of the procedures or specified provisions of the procedures; and contain provisions of a savings or transitional nature.\n(sec.144-ssec.3) AEMO must not, without the consent of the MCE, make procedures pursuant to this section that confer a right or function, or impose an obligation, on the MCE or a Minister of a participating jurisdiction.\n(sec.144-ssec.4) Procedures made pursuant to this section cannot— create an offence; or provide for a civil penalty.\n(sec.144-ssec.5) Procedures made pursuant to this section are referred to in this Part as RoLR Procedures .\n- (a) any matters relating to the operation or implementation of the RoLR scheme;\n- (b) without limiting paragraph (a) — (i) any matter referred to in section 149 (2) ; and (ii) the transfer of customers from failed retailers to designated RoLRs; and (iii) the acceleration or cancellation of open transactions; and (iv) audits and reviews;\n- (i) any matter referred to in section 149 (2) ; and\n- (ii) the transfer of customers from failed retailers to designated RoLRs; and\n- (iii) the acceleration or cancellation of open transactions; and\n- (iv) audits and reviews;\n- (c) without limiting paragraphs (a) and (b) — (i) in the case of electricity—any matter that the Retail Market Procedures, including B2B Procedures, the Market Settlement and Transfer Solution (MSATS) Procedures and metrology procedure deal with insofar as any of those procedures make provision at the commencement of this section with respect to RoLR events; and (ii) in the case of gas—any matter that the relevant Retail Market Procedures deal with insofar as those procedures make provision at the commencement of this section with respect to RoLR events;\n- (i) in the case of electricity—any matter that the Retail Market Procedures, including B2B Procedures, the Market Settlement and Transfer Solution (MSATS) Procedures and metrology procedure deal with insofar as any of those procedures make provision at the commencement of this section with respect to RoLR events; and\n- (ii) in the case of gas—any matter that the relevant Retail Market Procedures deal with insofar as those procedures make provision at the commencement of this section with respect to RoLR events;\n- (d) any other matter relevant to the RoLR scheme;\n- (e) any matter consequential on or related to any of the above.\n- (i) any matter referred to in section 149 (2) ; and\n- (ii) the transfer of customers from failed retailers to designated RoLRs; and\n- (iii) the acceleration or cancellation of open transactions; and\n- (iv) audits and reviews;\n- (i) in the case of electricity—any matter that the Retail Market Procedures, including B2B Procedures, the Market Settlement and Transfer Solution (MSATS) Procedures and metrology procedure deal with insofar as any of those procedures make provision at the commencement of this section with respect to RoLR events; and\n- (ii) in the case of gas—any matter that the relevant Retail Market Procedures deal with insofar as those procedures make provision at the commencement of this section with respect to RoLR events;\n- (a) apply separately to— (i) electricity; or (ii) natural gas and natural gas equivalents; or (iii) 1 or more types of prescribed covered gas; and\n- (i) electricity; or\n- (ii) natural gas and natural gas equivalents; or\n- (iii) 1 or more types of prescribed covered gas; and\n- (b) vary according to the persons, times, places or circumstances to which they are expressed to apply; and\n- (c) confer functions or powers on, or leave any matter or thing to be decided by, AEMO; and\n- (d) confer rights or impose obligations on retailers (including failed retailers), insolvency officials of failed retailers, distributors, the AER, AEMO or other persons; and\n- (e) confer power on AEMO to make or issue guidelines, tests, standards and other documents of an administrative nature; and\n- (f) confer power on AEMO to require a person on whom a right is conferred, or an obligation imposed, under the procedures— (i) to comply with a guideline, standard or other document of an administrative nature; or (ii) to conduct, or submit to, a test designed by AEMO under the procedures; and\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designed by AEMO under the procedures; and\n- (g) exempt, or confer a power of exemption, from the application of the procedures or specified provisions of the procedures; and\n- (h) contain provisions of a savings or transitional nature.\n- (i) electricity; or\n- (ii) natural gas and natural gas equivalents; or\n- (iii) 1 or more types of prescribed covered gas; and\n- (i) to comply with a guideline, standard or other document of an administrative nature; or\n- (ii) to conduct, or submit to, a test designed by AEMO under the procedures; and\n- (a) create an offence; or\n- (b) provide for a civil penalty.","sortOrder":248},{"sectionNumber":"pt.6-div.6","sectionType":"division","heading":"Arrangements for sale of energy to transferred customers","content":"## Arrangements for sale of energy to transferred customers","sortOrder":249},{"sectionNumber":"sec.145","sectionType":"section","heading":"Contractual arrangements for sale of energy to transferred small customers","content":"### sec.145 Contractual arrangements for sale of energy to transferred small customers\n\nThis section applies where a person who was a small customer of a failed retailer immediately before the transfer date becomes, by force of this Law, a customer of the relevant designated RoLR.\nAn arrangement (a RoLR deemed small customer retail arrangement ) is taken to apply between the relevant designated RoLR and the small customer with effect on and from the transfer date.\nThe terms and conditions of the RoLR deemed small customer retail arrangement are the terms and conditions of the relevant designated RoLR’s standard retail contract.\nThe prices applicable to the RoLR deemed small customer retail arrangement are the relevant designated RoLR’s standing offer prices, with any variations in accordance with or consequent on the applicable RoLR cost recovery scheme determined under Division 9 .\nThis section has effect even though the failed retailer might not cease to be the financially responsible retailer for the premises of the small customer until after the transfer date.\n(sec.145-ssec.1) This section applies where a person who was a small customer of a failed retailer immediately before the transfer date becomes, by force of this Law, a customer of the relevant designated RoLR.\n(sec.145-ssec.2) An arrangement (a RoLR deemed small customer retail arrangement ) is taken to apply between the relevant designated RoLR and the small customer with effect on and from the transfer date.\n(sec.145-ssec.3) The terms and conditions of the RoLR deemed small customer retail arrangement are the terms and conditions of the relevant designated RoLR’s standard retail contract.\n(sec.145-ssec.4) The prices applicable to the RoLR deemed small customer retail arrangement are the relevant designated RoLR’s standing offer prices, with any variations in accordance with or consequent on the applicable RoLR cost recovery scheme determined under Division 9 .\n(sec.145-ssec.5) This section has effect even though the failed retailer might not cease to be the financially responsible retailer for the premises of the small customer until after the transfer date.","sortOrder":250},{"sectionNumber":"sec.146","sectionType":"section","heading":"Contractual arrangements for sale of energy to transferred large customers","content":"### sec.146 Contractual arrangements for sale of energy to transferred large customers\n\nThis section applies where a person who was a large customer of a failed retailer immediately before the transfer date becomes, by force of this Law, a customer of the relevant designated RoLR (see section 140 ).\nAn arrangement (a RoLR deemed large customer retail arrangement ) is taken to apply between the designated RoLR and the large customer with effect on and from the transfer date.\nThe terms and conditions of the RoLR deemed large customer retail arrangement are the terms and conditions published by the designated RoLR on its website, but they must be fair and reasonable.\nThis section has effect even though the failed retailer might not cease to be the financially responsible retailer for the premises of the large customer until after the transfer date.\n(sec.146-ssec.1) This section applies where a person who was a large customer of a failed retailer immediately before the transfer date becomes, by force of this Law, a customer of the relevant designated RoLR (see section 140 ).\n(sec.146-ssec.2) An arrangement (a RoLR deemed large customer retail arrangement ) is taken to apply between the designated RoLR and the large customer with effect on and from the transfer date.\n(sec.146-ssec.3) The terms and conditions of the RoLR deemed large customer retail arrangement are the terms and conditions published by the designated RoLR on its website, but they must be fair and reasonable.\n(sec.146-ssec.4) This section has effect even though the failed retailer might not cease to be the financially responsible retailer for the premises of the large customer until after the transfer date.","sortOrder":251},{"sectionNumber":"sec.147","sectionType":"section","heading":"Duration of arrangements for small customers","content":"### sec.147 Duration of arrangements for small customers\n\nA RoLR deemed small customer retail arrangement ceases to be in operation if a customer retail contract is formed in relation to the premises, but this subsection does not affect any rights or obligations that have already accrued under that arrangement.\nThere is no minimum period for the small customer to remain with a designated RoLR on a RoLR deemed small customer retail arrangement.\nIf the small customer is still a customer of a designated RoLR on a RoLR deemed small customer retail arrangement at the end of the period of 3 months after the transfer date, a standard retail contract, in the form of the designated RoLR’s standard retail contract, is taken to have been formed between the small customer and the designated RoLR.\nAfter that period of 3 months (but not earlier unless the designated RoLR agrees), the small customer and designated RoLR may seek to negotiate a market retail contract in accordance with section 33 .\n(sec.147-ssec.1) A RoLR deemed small customer retail arrangement ceases to be in operation if a customer retail contract is formed in relation to the premises, but this subsection does not affect any rights or obligations that have already accrued under that arrangement.\n(sec.147-ssec.2) There is no minimum period for the small customer to remain with a designated RoLR on a RoLR deemed small customer retail arrangement.\n(sec.147-ssec.3) If the small customer is still a customer of a designated RoLR on a RoLR deemed small customer retail arrangement at the end of the period of 3 months after the transfer date, a standard retail contract, in the form of the designated RoLR’s standard retail contract, is taken to have been formed between the small customer and the designated RoLR.\n(sec.147-ssec.4) After that period of 3 months (but not earlier unless the designated RoLR agrees), the small customer and designated RoLR may seek to negotiate a market retail contract in accordance with section 33 .","sortOrder":252},{"sectionNumber":"sec.148","sectionType":"section","heading":"Duration of arrangements for large customers","content":"### sec.148 Duration of arrangements for large customers\n\nA RoLR deemed large customer retail arrangement ceases to be in operation if a contract for the sale of energy is formed in relation to the premises, but this subsection does not affect any rights or obligations that have already accrued under that arrangement.\nThere is no minimum period for the large customer to remain with a RoLR on a RoLR deemed large customer retail arrangement.\nThe designated RoLR and the large customer may agree to terminate the deemed large customer retail arrangement at any time.\nThe designated RoLR may, at any time, serve a notice on the large customer stating that the RoLR deemed large customer retail arrangement will be terminated after the period of 6 months after the transfer date unless a retail contract is negotiated and formed in relation to the premises before the end of that period. The designated RoLR is, however, under no obligation to initiate negotiations with the large customer.\nThe designated RoLR may terminate the arrangement in accordance with the terms and conditions of the deemed large customer retail arrangement after the end of that period.\n(sec.148-ssec.1) A RoLR deemed large customer retail arrangement ceases to be in operation if a contract for the sale of energy is formed in relation to the premises, but this subsection does not affect any rights or obligations that have already accrued under that arrangement.\n(sec.148-ssec.2) There is no minimum period for the large customer to remain with a RoLR on a RoLR deemed large customer retail arrangement.\n(sec.148-ssec.3) The designated RoLR and the large customer may agree to terminate the deemed large customer retail arrangement at any time.\n(sec.148-ssec.4) The designated RoLR may, at any time, serve a notice on the large customer stating that the RoLR deemed large customer retail arrangement will be terminated after the period of 6 months after the transfer date unless a retail contract is negotiated and formed in relation to the premises before the end of that period. The designated RoLR is, however, under no obligation to initiate negotiations with the large customer.\n(sec.148-ssec.5) The designated RoLR may terminate the arrangement in accordance with the terms and conditions of the deemed large customer retail arrangement after the end of that period.","sortOrder":253},{"sectionNumber":"sec.148A","sectionType":"section","heading":"Designated contract for RoLR","content":"### sec.148A Designated contract for RoLR\n\nA registered RoLR must give written notice to the AER if—\nthe registered RoLR is willing to transfer all the small customers of a failed retailer that are transferred to it on to a contract (a designated contract ); and\nthe designated contract complies with this section.\nThe notice must be given in accordance with the AER RoLR Guidelines.\nThe designated contract must—\ncontain the same terms and conditions as a market retail contract; and\nensure a small customer under the contract will not be in a worse position than the customer would have been had the customer been transferred to the registered RoLR’s standard retail contract; and\nensure the prices payable by the customer are not more than the registered RoLR’s standing offer prices; and\nensure the prices payable by the customer cannot be increased during the period of 3 months after the relevant transfer date (the initial period ); and\nensure the customer will not be required to pay a fee for breaking the contract during the initial period; and\ncomply with—\nrequirements of this Law or the Rules that apply to a market retail contract; and\nthe AER RoLR Guidelines; and\nbe published on the website of the registered RoLR.\nThe registered RoLR must, as soon as practicable after it varies the designated contract—\ngive written notice to the AER about the variation; and\nThis paragraph is a civil penalty provision.\npublish the designated contract as varied on the website of the registered RoLR.\nIf the AER forms the view that the designated contract requires review—\nthe AER may direct the registered RoLR to review the contract and make variations in accordance with the requirements of subsection (3) ; and\nthe registered RoLR must—\nvary the contract in accordance with the AER’s requirements; and\nsubmit the varied contract to the AER for approval; and\nas soon as practicable after the varied contract is approved by the AER—publish the varied contract on the registered RoLR’s website.\nSubsection (5) (b) is a civil penalty provision.\ns 148A ins 2025 No. 61 (SA) s 8\n(sec.148A-ssec.1) A registered RoLR must give written notice to the AER if— the registered RoLR is willing to transfer all the small customers of a failed retailer that are transferred to it on to a contract (a designated contract ); and the designated contract complies with this section.\n(sec.148A-ssec.2) The notice must be given in accordance with the AER RoLR Guidelines.\n(sec.148A-ssec.3) The designated contract must— contain the same terms and conditions as a market retail contract; and ensure a small customer under the contract will not be in a worse position than the customer would have been had the customer been transferred to the registered RoLR’s standard retail contract; and ensure the prices payable by the customer are not more than the registered RoLR’s standing offer prices; and ensure the prices payable by the customer cannot be increased during the period of 3 months after the relevant transfer date (the initial period ); and ensure the customer will not be required to pay a fee for breaking the contract during the initial period; and comply with— requirements of this Law or the Rules that apply to a market retail contract; and the AER RoLR Guidelines; and be published on the website of the registered RoLR.\n(sec.148A-ssec.4) The registered RoLR must, as soon as practicable after it varies the designated contract— give written notice to the AER about the variation; and This paragraph is a civil penalty provision. publish the designated contract as varied on the website of the registered RoLR.\n(sec.148A-ssec.5) If the AER forms the view that the designated contract requires review— the AER may direct the registered RoLR to review the contract and make variations in accordance with the requirements of subsection (3) ; and the registered RoLR must— vary the contract in accordance with the AER’s requirements; and submit the varied contract to the AER for approval; and as soon as practicable after the varied contract is approved by the AER—publish the varied contract on the registered RoLR’s website. Subsection (5) (b) is a civil penalty provision.\n- (a) the registered RoLR is willing to transfer all the small customers of a failed retailer that are transferred to it on to a contract (a designated contract ); and\n- (b) the designated contract complies with this section.\n- (a) contain the same terms and conditions as a market retail contract; and\n- (b) ensure a small customer under the contract will not be in a worse position than the customer would have been had the customer been transferred to the registered RoLR’s standard retail contract; and\n- (c) ensure the prices payable by the customer are not more than the registered RoLR’s standing offer prices; and\n- (d) ensure the prices payable by the customer cannot be increased during the period of 3 months after the relevant transfer date (the initial period ); and\n- (e) ensure the customer will not be required to pay a fee for breaking the contract during the initial period; and\n- (f) comply with— (i) requirements of this Law or the Rules that apply to a market retail contract; and (ii) the AER RoLR Guidelines; and\n- (i) requirements of this Law or the Rules that apply to a market retail contract; and\n- (ii) the AER RoLR Guidelines; and\n- (g) be published on the website of the registered RoLR.\n- (i) requirements of this Law or the Rules that apply to a market retail contract; and\n- (ii) the AER RoLR Guidelines; and\n- (a) give written notice to the AER about the variation; and Note— This paragraph is a civil penalty provision.\n- (b) publish the designated contract as varied on the website of the registered RoLR.\n- (a) the AER may direct the registered RoLR to review the contract and make variations in accordance with the requirements of subsection (3) ; and\n- (b) the registered RoLR must— (i) vary the contract in accordance with the AER’s requirements; and (ii) submit the varied contract to the AER for approval; and (iii) as soon as practicable after the varied contract is approved by the AER—publish the varied contract on the registered RoLR’s website. Note— Subsection (5) (b) is a civil penalty provision.\n- (i) vary the contract in accordance with the AER’s requirements; and\n- (ii) submit the varied contract to the AER for approval; and\n- (iii) as soon as practicable after the varied contract is approved by the AER—publish the varied contract on the registered RoLR’s website.\n- (i) vary the contract in accordance with the AER’s requirements; and\n- (ii) submit the varied contract to the AER for approval; and\n- (iii) as soon as practicable after the varied contract is approved by the AER—publish the varied contract on the registered RoLR’s website.","sortOrder":254},{"sectionNumber":"sec.148B","sectionType":"section","heading":"Transfer of customers to designated RoLR with designated contract","content":"### sec.148B Transfer of customers to designated RoLR with designated contract\n\nThis section applies if—\ncustomers are transferred to a designated RoLR as a result of a RoLR event; and\nthe designated RoLR has a designated contract under section 148A .\nThe designated RoLR must, for the transferred customers who are small customers—\nmake all the customers subject to the designated contract; or\nmake none of the customers subject to the designated contract.\nThe explicit informed consent of the small customers is not required to make the small customers subject to the designated contract.\nIf the transferred customers become subject to the designated contract—\nany RoLR deemed small customer retail arrangement under this Division ceases to be in operation between the designated RoLR and the transferred customers; and\nthe designated contract—\nis taken to be a market retail contract for the purposes of this Law and the Rules; and\nmust continue to meet the requirements of section 148A (3) ; and\ncontinues in force until it is terminated or replaced in accordance with this Law and the Rules.\nA fee must not be imposed on a transferred customer under the designated contract for terminating the contract—\nat any time during the initial period; or\nafter the initial period unless the transferred customer has been given notice of the fee.\nThe transferred customer is taken to have been given notice of the fee if—\nthe transferred customer acknowledges receipt of the notice; or\nthe RoLR has used its best endeavours to give the transferred customer the notice.\nThis section does not prevent a price increasing under the designated contract.\nIn this section—\ninitial period has the same meaning as in section 148A .\ns 148B ins 2025 No. 61 (SA) s 8\n(sec.148B-ssec.1) This section applies if— customers are transferred to a designated RoLR as a result of a RoLR event; and the designated RoLR has a designated contract under section 148A .\n(sec.148B-ssec.2) The designated RoLR must, for the transferred customers who are small customers— make all the customers subject to the designated contract; or make none of the customers subject to the designated contract.\n(sec.148B-ssec.3) The explicit informed consent of the small customers is not required to make the small customers subject to the designated contract.\n(sec.148B-ssec.4) If the transferred customers become subject to the designated contract— any RoLR deemed small customer retail arrangement under this Division ceases to be in operation between the designated RoLR and the transferred customers; and the designated contract— is taken to be a market retail contract for the purposes of this Law and the Rules; and must continue to meet the requirements of section 148A (3) ; and continues in force until it is terminated or replaced in accordance with this Law and the Rules.\n(sec.148B-ssec.5) A fee must not be imposed on a transferred customer under the designated contract for terminating the contract— at any time during the initial period; or after the initial period unless the transferred customer has been given notice of the fee.\n(sec.148B-ssec.6) The transferred customer is taken to have been given notice of the fee if— the transferred customer acknowledges receipt of the notice; or the RoLR has used its best endeavours to give the transferred customer the notice.\n(sec.148B-ssec.7) This section does not prevent a price increasing under the designated contract.\n(sec.148B-ssec.8) In this section— initial period has the same meaning as in section 148A .\n- (a) customers are transferred to a designated RoLR as a result of a RoLR event; and\n- (b) the designated RoLR has a designated contract under section 148A .\n- (a) make all the customers subject to the designated contract; or\n- (b) make none of the customers subject to the designated contract.\n- (a) any RoLR deemed small customer retail arrangement under this Division ceases to be in operation between the designated RoLR and the transferred customers; and\n- (b) the designated contract— (i) is taken to be a market retail contract for the purposes of this Law and the Rules; and (ii) must continue to meet the requirements of section 148A (3) ; and (iii) continues in force until it is terminated or replaced in accordance with this Law and the Rules.\n- (i) is taken to be a market retail contract for the purposes of this Law and the Rules; and\n- (ii) must continue to meet the requirements of section 148A (3) ; and\n- (iii) continues in force until it is terminated or replaced in accordance with this Law and the Rules.\n- (i) is taken to be a market retail contract for the purposes of this Law and the Rules; and\n- (ii) must continue to meet the requirements of section 148A (3) ; and\n- (iii) continues in force until it is terminated or replaced in accordance with this Law and the Rules.\n- (a) at any time during the initial period; or\n- (b) after the initial period unless the transferred customer has been given notice of the fee.\n- (a) the transferred customer acknowledges receipt of the notice; or\n- (b) the RoLR has used its best endeavours to give the transferred customer the notice.","sortOrder":255},{"sectionNumber":"sec.148C","sectionType":"section","heading":"Keeping records about, and giving information to, transferred customers","content":"### sec.148C Keeping records about, and giving information to, transferred customers\n\nA designated RoLR to which customers are transferred as a result of a RoLR event must—\nkeep records of the transfer for at least 2 years after the transfer; and\ngive information to the transferred customers in accordance with the RoLR plan for the designated RoLR.\nIn this section—\nRoLR plan for a designated RoLR means a RoLR plan—\nprepared by the AER under section 162 ; and\nfor which the designated RoLR is a participant.\ns 148C ins 2025 No. 61 (SA) s 8\n(sec.148C-ssec.1) A designated RoLR to which customers are transferred as a result of a RoLR event must— keep records of the transfer for at least 2 years after the transfer; and give information to the transferred customers in accordance with the RoLR plan for the designated RoLR.\n(sec.148C-ssec.2) In this section— RoLR plan for a designated RoLR means a RoLR plan— prepared by the AER under section 162 ; and for which the designated RoLR is a participant.\n- (a) keep records of the transfer for at least 2 years after the transfer; and\n- (b) give information to the transferred customers in accordance with the RoLR plan for the designated RoLR.\n- (a) prepared by the AER under section 162 ; and\n- (b) for which the designated RoLR is a participant.","sortOrder":256},{"sectionNumber":"pt.6-div.7","sectionType":"division","heading":"Information requirements","content":"## Information requirements","sortOrder":257},{"sectionNumber":"sec.149","sectionType":"section","heading":"Operation of this Division","content":"### sec.149 Operation of this Division\n\nThis Division does not limit the information for or in connection with a RoLR event that AEMO may require a failed retailer (or its insolvency official) to provide to it, to distributors and to designated RoLRs (or to any of them) under the RoLR scheme, the NEL or NGL or the NER or NGR.\nTo avoid doubt, AEMO may under the RoLR Procedures require a failed retailer or its insolvency official to provide to AEMO, distributors or designated RoLRs, for or in connection with a RoLR event, customer details, customer site details information and other customer information, including information that in circumstances other than a RoLR event is not usually provided.\n(sec.149-ssec.1) This Division does not limit the information for or in connection with a RoLR event that AEMO may require a failed retailer (or its insolvency official) to provide to it, to distributors and to designated RoLRs (or to any of them) under the RoLR scheme, the NEL or NGL or the NER or NGR.\n(sec.149-ssec.2) To avoid doubt, AEMO may under the RoLR Procedures require a failed retailer or its insolvency official to provide to AEMO, distributors or designated RoLRs, for or in connection with a RoLR event, customer details, customer site details information and other customer information, including information that in circumstances other than a RoLR event is not usually provided.","sortOrder":258},{"sectionNumber":"sec.150","sectionType":"section","heading":"Information to be provided to AER by AEMO and retailers","content":"### sec.150 Information to be provided to AER by AEMO and retailers\n\nAEMO must without delay notify the AER of any event, circumstance or matter of which AEMO is aware and which—\nit has reason to believe—\nmight be, is or may be at some time in the future an event, circumstance or matter that may or will affect; or\ngives rise to some risk of affecting,\na retailer’s ability to maintain continuity of the sale of energy to its customers; or\ngives rise to, or gives rise to some risk of, a RoLR event.\nA retailer must without delay notify the AER and AEMO of any event, circumstance or matter of which the retailer is aware and which—\nit has reason to believe—\nmight be, is or may be at some time in the future an event, circumstance or matter that may or will affect; or\ngives rise to some risk of affecting,\nthe retailer’s ability to maintain continuity of the sale of energy to its customers; or\ngives rise to a RoLR event in relation to the retailer.\n(sec.150-ssec.1) AEMO must without delay notify the AER of any event, circumstance or matter of which AEMO is aware and which— it has reason to believe— might be, is or may be at some time in the future an event, circumstance or matter that may or will affect; or gives rise to some risk of affecting, a retailer’s ability to maintain continuity of the sale of energy to its customers; or gives rise to, or gives rise to some risk of, a RoLR event.\n(sec.150-ssec.2) A retailer must without delay notify the AER and AEMO of any event, circumstance or matter of which the retailer is aware and which— it has reason to believe— might be, is or may be at some time in the future an event, circumstance or matter that may or will affect; or gives rise to some risk of affecting, the retailer’s ability to maintain continuity of the sale of energy to its customers; or gives rise to a RoLR event in relation to the retailer.\n- (a) it has reason to believe— (i) might be, is or may be at some time in the future an event, circumstance or matter that may or will affect; or (ii) gives rise to some risk of affecting, a retailer’s ability to maintain continuity of the sale of energy to its customers; or\n- (i) might be, is or may be at some time in the future an event, circumstance or matter that may or will affect; or\n- (ii) gives rise to some risk of affecting,\n- (b) gives rise to, or gives rise to some risk of, a RoLR event.\n- (i) might be, is or may be at some time in the future an event, circumstance or matter that may or will affect; or\n- (ii) gives rise to some risk of affecting,\n- (a) it has reason to believe— (i) might be, is or may be at some time in the future an event, circumstance or matter that may or will affect; or (ii) gives rise to some risk of affecting, the retailer’s ability to maintain continuity of the sale of energy to its customers; or\n- (i) might be, is or may be at some time in the future an event, circumstance or matter that may or will affect; or\n- (ii) gives rise to some risk of affecting,\n- (b) gives rise to a RoLR event in relation to the retailer.\n- (i) might be, is or may be at some time in the future an event, circumstance or matter that may or will affect; or\n- (ii) gives rise to some risk of affecting,","sortOrder":259},{"sectionNumber":"sec.151","sectionType":"section","heading":"Meaning of RoLR regulatory information notice","content":"### sec.151 Meaning of RoLR regulatory information notice\n\nA RoLR regulatory information notice is a notice prepared and served by the AER in accordance with this Division that requires the retailer (or former retailer) named in the notice to provide specified information to any one or more of the following as specified in the notice:\nthe AER;\nAEMO;\na registered RoLR;\na distributor.\nIf the notice is also served on an insolvency official of the retailer, the insolvency official is required to provide the information.\n(sec.151-ssec.1) A RoLR regulatory information notice is a notice prepared and served by the AER in accordance with this Division that requires the retailer (or former retailer) named in the notice to provide specified information to any one or more of the following as specified in the notice: the AER; AEMO; a registered RoLR; a distributor.\n(sec.151-ssec.2) If the notice is also served on an insolvency official of the retailer, the insolvency official is required to provide the information.\n- (a) the AER;\n- (b) AEMO;\n- (c) a registered RoLR;\n- (d) a distributor.","sortOrder":260},{"sectionNumber":"sec.152","sectionType":"section","heading":"Service of RoLR regulatory information notice","content":"### sec.152 Service of RoLR regulatory information notice\n\nThe AER may serve a RoLR regulatory information notice on a retailer (or former retailer) if it considers it reasonably necessary to do so in connection with either—\na RoLR event that has occurred; or\nthe exercise of the AER’s powers under Division 3 , whether or not a RoLR event has occurred.\nA RoLR regulatory information notice must not be served solely for the purpose of—\ninvestigating breaches or possible breaches of provisions of the national energy legislation, including offences against the national energy legislation; or\ninstituting and conducting proceedings in relation to breaches of provisions of the national energy legislation, including offences against the national energy legislation; or\ninstituting and conducting appeals from decisions in proceedings referred to in paragraph (b) ; or\ncollecting information for the preparation of a retail market performance report; or\nobtaining information about a RoLR cost recovery scheme under Division 9 .\nA notice served on a retailer (or a former retailer) must also be served on the insolvency official (if any) of the retailer.\n(sec.152-ssec.1) The AER may serve a RoLR regulatory information notice on a retailer (or former retailer) if it considers it reasonably necessary to do so in connection with either— a RoLR event that has occurred; or the exercise of the AER’s powers under Division 3 , whether or not a RoLR event has occurred.\n(sec.152-ssec.2) A RoLR regulatory information notice must not be served solely for the purpose of— investigating breaches or possible breaches of provisions of the national energy legislation, including offences against the national energy legislation; or instituting and conducting proceedings in relation to breaches of provisions of the national energy legislation, including offences against the national energy legislation; or instituting and conducting appeals from decisions in proceedings referred to in paragraph (b) ; or collecting information for the preparation of a retail market performance report; or obtaining information about a RoLR cost recovery scheme under Division 9 .\n(sec.152-ssec.3) A notice served on a retailer (or a former retailer) must also be served on the insolvency official (if any) of the retailer.\n- (a) a RoLR event that has occurred; or\n- (b) the exercise of the AER’s powers under Division 3 , whether or not a RoLR event has occurred.\n- (a) investigating breaches or possible breaches of provisions of the national energy legislation, including offences against the national energy legislation; or\n- (b) instituting and conducting proceedings in relation to breaches of provisions of the national energy legislation, including offences against the national energy legislation; or\n- (c) instituting and conducting appeals from decisions in proceedings referred to in paragraph (b) ; or\n- (d) collecting information for the preparation of a retail market performance report; or\n- (e) obtaining information about a RoLR cost recovery scheme under Division 9 .","sortOrder":261},{"sectionNumber":"sec.153","sectionType":"section","heading":"Form and content of RoLR regulatory information notice","content":"### sec.153 Form and content of RoLR regulatory information notice\n\nA RoLR regulatory information notice—\nmust name the retailer (or former retailer) to whom it applies; and\nmust specify the information required to be provided; and\nmust specify to whom the information described in the notice is to be provided; and\nmay specify the manner and form in which the information described in the notice is required to be provided; and\nmust specify when the information must be provided.\n- (a) must name the retailer (or former retailer) to whom it applies; and\n- (b) must specify the information required to be provided; and\n- (c) must specify to whom the information described in the notice is to be provided; and\n- (d) may specify the manner and form in which the information described in the notice is required to be provided; and\n- (e) must specify when the information must be provided.","sortOrder":262},{"sectionNumber":"sec.154","sectionType":"section","heading":"Further provision about the information that may be described in a RoLR regulatory information notice","content":"### sec.154 Further provision about the information that may be described in a RoLR regulatory information notice\n\nWithout limiting section 153 (b) , the information that may be required to be provided may include the following:\nhistoric, current and forecast information;\ninformation that is or may be derived from other information in the possession or control of the retailer.\nWithout limiting section 153 (b) , the information that may be required to be provided in relation to a RoLR event may include the following:\nthe names and contact details (including billing addresses) of all the retailer’s customers;\nthe addresses at which those customers are supplied energy (if a supply address is different from the billing address);\nthe meter identifier for each of those customers;\nthe network tariff code or codes of the distributor for each of those customers;\ndetails of each customer’s actual consumption of energy in one or more specified periods;\nwhether any customer is a hardship customer and if so details of which customer;\nwhether the premises of any customer are registered by the retailer under the Rules as having life support equipment and if so details of which premises;\nwhether any customer is in receipt of a tariff payment, credit or other benefit under a feed-in arrangement prescribed by the National Regulations for the purposes of this paragraph, and if so details of which customer and details of the payment, credit or other benefit;\ndetails of customer classification under the Rules (see section 7 );\ndetails of any pension, health or social security payments to, rebates for or benefits or concessions of a customer;\nin the case of a failed retailer—any direct debit arrangements by a customer, or Centrepay arrangements, with the retailer.\n(sec.154-ssec.1) Without limiting section 153 (b) , the information that may be required to be provided may include the following: historic, current and forecast information; information that is or may be derived from other information in the possession or control of the retailer.\n(sec.154-ssec.2) Without limiting section 153 (b) , the information that may be required to be provided in relation to a RoLR event may include the following: the names and contact details (including billing addresses) of all the retailer’s customers; the addresses at which those customers are supplied energy (if a supply address is different from the billing address); the meter identifier for each of those customers; the network tariff code or codes of the distributor for each of those customers; details of each customer’s actual consumption of energy in one or more specified periods; whether any customer is a hardship customer and if so details of which customer; whether the premises of any customer are registered by the retailer under the Rules as having life support equipment and if so details of which premises; whether any customer is in receipt of a tariff payment, credit or other benefit under a feed-in arrangement prescribed by the National Regulations for the purposes of this paragraph, and if so details of which customer and details of the payment, credit or other benefit; details of customer classification under the Rules (see section 7 ); details of any pension, health or social security payments to, rebates for or benefits or concessions of a customer; in the case of a failed retailer—any direct debit arrangements by a customer, or Centrepay arrangements, with the retailer.\n- (a) historic, current and forecast information;\n- (b) information that is or may be derived from other information in the possession or control of the retailer.\n- (a) the names and contact details (including billing addresses) of all the retailer’s customers;\n- (b) the addresses at which those customers are supplied energy (if a supply address is different from the billing address);\n- (c) the meter identifier for each of those customers;\n- (d) the network tariff code or codes of the distributor for each of those customers;\n- (e) details of each customer’s actual consumption of energy in one or more specified periods;\n- (f) whether any customer is a hardship customer and if so details of which customer;\n- (g) whether the premises of any customer are registered by the retailer under the Rules as having life support equipment and if so details of which premises;\n- (h) whether any customer is in receipt of a tariff payment, credit or other benefit under a feed-in arrangement prescribed by the National Regulations for the purposes of this paragraph, and if so details of which customer and details of the payment, credit or other benefit;\n- (i) details of customer classification under the Rules (see section 7 );\n- (j) details of any pension, health or social security payments to, rebates for or benefits or concessions of a customer;\n- (k) in the case of a failed retailer—any direct debit arrangements by a customer, or Centrepay arrangements, with the retailer.","sortOrder":263},{"sectionNumber":"sec.155","sectionType":"section","heading":"Further provision about manner in which information must be provided","content":"### sec.155 Further provision about manner in which information must be provided\n\nWithout limiting section 153 , a RoLR regulatory information notice may require that the information specified in the notice—\nbe provided on the occurrence of a specified event or state of affairs; and\nbe provided in accordance with any document, code, standard, rule, specification or method formulated, issued, prescribed or published by the AER, AEMO or any person, authority or body whether—\nwholly or partially or as amended by the notice; or\nas formulated, issued, prescribed or published at the time the notice is served or at any time before the notice is served; or\nas amended from time to time; and\nbe verified by way of statutory declaration by an officer of the retailer to whom the notice applies.\n- (a) be provided on the occurrence of a specified event or state of affairs; and\n- (b) be provided in accordance with any document, code, standard, rule, specification or method formulated, issued, prescribed or published by the AER, AEMO or any person, authority or body whether— (i) wholly or partially or as amended by the notice; or (ii) as formulated, issued, prescribed or published at the time the notice is served or at any time before the notice is served; or (iii) as amended from time to time; and\n- (i) wholly or partially or as amended by the notice; or\n- (ii) as formulated, issued, prescribed or published at the time the notice is served or at any time before the notice is served; or\n- (iii) as amended from time to time; and\n- (c) be verified by way of statutory declaration by an officer of the retailer to whom the notice applies.\n- (i) wholly or partially or as amended by the notice; or\n- (ii) as formulated, issued, prescribed or published at the time the notice is served or at any time before the notice is served; or\n- (iii) as amended from time to time; and","sortOrder":264},{"sectionNumber":"sec.156","sectionType":"section","heading":"Compliance with RoLR regulatory information notices","content":"### sec.156 Compliance with RoLR regulatory information notices\n\nOn being served a RoLR regulatory information notice, a retailer (or former retailer) named in the notice must comply with the notice.\nIf the notice is also served on an insolvency official of the retailer—\nthe insolvency official must comply with the notice by providing the required information; and\ndespite subsection (1) , the retailer is not required to provide information provided by the insolvency official.\nThis section is a civil penalty provision.\n(sec.156-ssec.1) On being served a RoLR regulatory information notice, a retailer (or former retailer) named in the notice must comply with the notice.\n(sec.156-ssec.2) If the notice is also served on an insolvency official of the retailer— the insolvency official must comply with the notice by providing the required information; and despite subsection (1) , the retailer is not required to provide information provided by the insolvency official.\n- (a) the insolvency official must comply with the notice by providing the required information; and\n- (b) despite subsection (1) , the retailer is not required to provide information provided by the insolvency official.","sortOrder":265},{"sectionNumber":"sec.157","sectionType":"section","heading":"Provision of information obtained from RoLR regulatory information notice","content":"### sec.157 Provision of information obtained from RoLR regulatory information notice\n\nIf a RoLR event has occurred, information (including confidential information or personal information within the meaning of the Privacy Act 1988 of the Commonwealth or of any Act of a participating jurisdiction relating to privacy) that the AER received pursuant to a RoLR regulatory information notice may be given by the AER to AEMO, distributors, a designated RoLR and any other person whom the AER considers it necessary to give the information to.","sortOrder":266},{"sectionNumber":"sec.158","sectionType":"section","heading":"Providing false or misleading information","content":"### sec.158 Providing false or misleading information\n\nA person must not, in purported compliance with a RoLR regulatory information notice requiring the person to provide information, provide information that the person knows is false or misleading in a material particular.\nMaximum penalty:\nin the case of a natural person—$6 300;\nin the case of a body corporate—$31 500.\nSee section 300B , which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\ns 158 amd 2020 No. 37 (SA) s 38\n- (a) in the case of a natural person—$6 300;\n- (b) in the case of a body corporate—$31 500.","sortOrder":267},{"sectionNumber":"sec.159","sectionType":"section","heading":"Person cannot rely on duty of confidence to avoid compliance with RoLR regulatory information notice","content":"### sec.159 Person cannot rely on duty of confidence to avoid compliance with RoLR regulatory information notice\n\nA person must not refuse to comply with a RoLR regulatory information notice on the ground of any duty of confidence.\nA person incurs, by complying with a RoLR regulatory information notice, no liability for breach of contract, breach of confidence or any other civil wrong.\n(sec.159-ssec.1) A person must not refuse to comply with a RoLR regulatory information notice on the ground of any duty of confidence.\n(sec.159-ssec.2) A person incurs, by complying with a RoLR regulatory information notice, no liability for breach of contract, breach of confidence or any other civil wrong.","sortOrder":268},{"sectionNumber":"sec.160","sectionType":"section","heading":"Legal professional privilege not affected","content":"### sec.160 Legal professional privilege not affected\n\nA RoLR regulatory information notice, and section 156 , are not to be taken as requiring a person to—\nprovide information that is the subject of legal professional privilege; or\nproduce a document the production of which would disclose information that is the subject of legal professional privilege.\n- (a) provide information that is the subject of legal professional privilege; or\n- (b) produce a document the production of which would disclose information that is the subject of legal professional privilege.","sortOrder":269},{"sectionNumber":"sec.161","sectionType":"section","heading":"Protection against self-incrimination","content":"### sec.161 Protection against self-incrimination\n\nIt is a reasonable excuse for a natural person to whom section 156 applies not to comply with a RoLR regulatory information notice served on the person requiring the person to provide information if to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or another participating jurisdiction.","sortOrder":270},{"sectionNumber":"pt.6-div.8","sectionType":"division","heading":"RoLR plans","content":"## RoLR plans","sortOrder":271},{"sectionNumber":"sec.162","sectionType":"section","heading":"RoLR plans","content":"### sec.162 RoLR plans\n\nThe AER must, in consultation with AEMO and Ministers of participating jurisdictions, develop, make and maintain RoLR plans.\nA RoLR plan is a plan for—\nthe procedures to be followed by the participants in the event of a RoLR event, including direct communication with customers of a failed retailer; and\nregular exercises to be carried out by the participants in the plan.\nA RoLR plan must not be inconsistent with the RoLR Procedures.\nThe participants in a RoLR plan are—\nthe AER; and\nAEMO; and\nthe registered RoLR or registered RoLRs nominated by the AER; and\nthe distributor or distributors nominated by the AER; and\nother parties nominated by the AER.\nThe AER must ensure that the participants in a RoLR plan—\nare consulted in the development and maintenance of the plan; and\nparticipate in regular exercises as provided in the plan.\nEach participant in a RoLR plan must use its best endeavours—\nto comply with the plan; and\nto assist in the development and maintenance of the plan; and\nto participate in regular exercises as provided in the plan.\nA RoLR plan must be published on the AER’s website.\nThe AER must ensure that a RoLR plan is reviewed at such times as it considers appropriate and kept up to date to accord with the review outcomes.\n(sec.162-ssec.1) The AER must, in consultation with AEMO and Ministers of participating jurisdictions, develop, make and maintain RoLR plans.\n(sec.162-ssec.2) A RoLR plan is a plan for— the procedures to be followed by the participants in the event of a RoLR event, including direct communication with customers of a failed retailer; and regular exercises to be carried out by the participants in the plan.\n(sec.162-ssec.3) A RoLR plan must not be inconsistent with the RoLR Procedures.\n(sec.162-ssec.4) The participants in a RoLR plan are— the AER; and AEMO; and the registered RoLR or registered RoLRs nominated by the AER; and the distributor or distributors nominated by the AER; and other parties nominated by the AER.\n(sec.162-ssec.5) The AER must ensure that the participants in a RoLR plan— are consulted in the development and maintenance of the plan; and participate in regular exercises as provided in the plan.\n(sec.162-ssec.6) Each participant in a RoLR plan must use its best endeavours— to comply with the plan; and to assist in the development and maintenance of the plan; and to participate in regular exercises as provided in the plan.\n(sec.162-ssec.7) A RoLR plan must be published on the AER’s website.\n(sec.162-ssec.8) The AER must ensure that a RoLR plan is reviewed at such times as it considers appropriate and kept up to date to accord with the review outcomes.\n- (a) the procedures to be followed by the participants in the event of a RoLR event, including direct communication with customers of a failed retailer; and\n- (b) regular exercises to be carried out by the participants in the plan.\n- (a) the AER; and\n- (b) AEMO; and\n- (c) the registered RoLR or registered RoLRs nominated by the AER; and\n- (d) the distributor or distributors nominated by the AER; and\n- (e) other parties nominated by the AER.\n- (a) are consulted in the development and maintenance of the plan; and\n- (b) participate in regular exercises as provided in the plan.\n- (a) to comply with the plan; and\n- (b) to assist in the development and maintenance of the plan; and\n- (c) to participate in regular exercises as provided in the plan.","sortOrder":272},{"sectionNumber":"sec.163","sectionType":"section","heading":"Contents of RoLR plans","content":"### sec.163 Contents of RoLR plans\n\nWithout limitation, a RoLR plan may—\nprovide that external exercises are to be held at such times as the AER considers appropriate and that a report on the conduct of each exercise be published on the AER’s website; and\ninclude, in the event of a RoLR event, strategies to quickly and effectively communicate—\nto the affected community—general details of the event; and\nto affected small customers—details of the event and available options; and\nto affected large customers—details regarding prices for energy, available alternative retailers and how they can quickly disconnect their energy supply if necessary; and\nto Ministers of participating jurisdictions—details of the event; and\nto departmental and other officers in affected jurisdictions—details of the event; and\nto energy ombudsmen in affected jurisdictions—details of the event; and\nto the failed retailer and any insolvency official of the failed retailer—information regarding their obligations; and\nwith AEMO—details regarding the event with a view to ensuring that resources are available to effect customer transfers; and\nwith affected distributors—details of the event and information regarding their obligations; and\nwith the designated RoLR or designated RoLRs—details of the event and information regarding its or their obligations; and\ninclude, in the event of a RoLR event, strategies for the designated RoLR to quickly and effectively communicate to affected small customers—\ndetails of what happens with their existing contracts with the failed retailer, which must include details of the effect of sections 140 and 141 as to hardship customers, customers on life support, feed-in arrangements, termination of direct debits (including Centrepay), refunds of advance payments, security deposits, credits on prepayment meter system accounts, credits remaining on cards used with card-operated meters and uncompleted service orders; and\nThis subparagraph is a substituted Queensland provision.\ndetails as to the designated RoLR and the arrangements that apply for the sale of energy; and\ndetails of any relevant designated contract under section 148B ; and\ninclude a mechanism whereby—\ndetails of customers that are hardship customers; and\ndetails of premises registered as having life support equipment,\nare quickly and effectively communicated to the relevant designated RoLR.\ns 163 amd 2014 No. 49 (Qld) s 4 sch s 27 ; 2025 No. 61 (SA) s 9\n- (a) provide that external exercises are to be held at such times as the AER considers appropriate and that a report on the conduct of each exercise be published on the AER’s website; and\n- (b) include, in the event of a RoLR event, strategies to quickly and effectively communicate— (i) to the affected community—general details of the event; and (ii) to affected small customers—details of the event and available options; and (iii) to affected large customers—details regarding prices for energy, available alternative retailers and how they can quickly disconnect their energy supply if necessary; and (iv) to Ministers of participating jurisdictions—details of the event; and (v) to departmental and other officers in affected jurisdictions—details of the event; and (vi) to energy ombudsmen in affected jurisdictions—details of the event; and (vii) to the failed retailer and any insolvency official of the failed retailer—information regarding their obligations; and (viii) with AEMO—details regarding the event with a view to ensuring that resources are available to effect customer transfers; and (ix) with affected distributors—details of the event and information regarding their obligations; and (x) with the designated RoLR or designated RoLRs—details of the event and information regarding its or their obligations; and\n- (i) to the affected community—general details of the event; and\n- (ii) to affected small customers—details of the event and available options; and\n- (iii) to affected large customers—details regarding prices for energy, available alternative retailers and how they can quickly disconnect their energy supply if necessary; and\n- (iv) to Ministers of participating jurisdictions—details of the event; and\n- (v) to departmental and other officers in affected jurisdictions—details of the event; and\n- (vi) to energy ombudsmen in affected jurisdictions—details of the event; and\n- (vii) to the failed retailer and any insolvency official of the failed retailer—information regarding their obligations; and\n- (viii) with AEMO—details regarding the event with a view to ensuring that resources are available to effect customer transfers; and\n- (ix) with affected distributors—details of the event and information regarding their obligations; and\n- (x) with the designated RoLR or designated RoLRs—details of the event and information regarding its or their obligations; and\n- (c) include, in the event of a RoLR event, strategies for the designated RoLR to quickly and effectively communicate to affected small customers— (i) details of what happens with their existing contracts with the failed retailer, which must include details of the effect of sections 140 and 141 as to hardship customers, customers on life support, feed-in arrangements, termination of direct debits (including Centrepay), refunds of advance payments, security deposits, credits on prepayment meter system accounts, credits remaining on cards used with card-operated meters and uncompleted service orders; and Editor’s note— This subparagraph is a substituted Queensland provision. (ii) details as to the designated RoLR and the arrangements that apply for the sale of energy; and (iii) details of any relevant designated contract under section 148B ; and\n- (i) details of what happens with their existing contracts with the failed retailer, which must include details of the effect of sections 140 and 141 as to hardship customers, customers on life support, feed-in arrangements, termination of direct debits (including Centrepay), refunds of advance payments, security deposits, credits on prepayment meter system accounts, credits remaining on cards used with card-operated meters and uncompleted service orders; and Editor’s note— This subparagraph is a substituted Queensland provision.\n- (ii) details as to the designated RoLR and the arrangements that apply for the sale of energy; and\n- (iii) details of any relevant designated contract under section 148B ; and\n- (d) include a mechanism whereby— (i) details of customers that are hardship customers; and (ii) details of premises registered as having life support equipment, are quickly and effectively communicated to the relevant designated RoLR.\n- (i) details of customers that are hardship customers; and\n- (ii) details of premises registered as having life support equipment,\n- (i) to the affected community—general details of the event; and\n- (ii) to affected small customers—details of the event and available options; and\n- (iii) to affected large customers—details regarding prices for energy, available alternative retailers and how they can quickly disconnect their energy supply if necessary; and\n- (iv) to Ministers of participating jurisdictions—details of the event; and\n- (v) to departmental and other officers in affected jurisdictions—details of the event; and\n- (vi) to energy ombudsmen in affected jurisdictions—details of the event; and\n- (vii) to the failed retailer and any insolvency official of the failed retailer—information regarding their obligations; and\n- (viii) with AEMO—details regarding the event with a view to ensuring that resources are available to effect customer transfers; and\n- (ix) with affected distributors—details of the event and information regarding their obligations; and\n- (x) with the designated RoLR or designated RoLRs—details of the event and information regarding its or their obligations; and\n- (i) details of what happens with their existing contracts with the failed retailer, which must include details of the effect of sections 140 and 141 as to hardship customers, customers on life support, feed-in arrangements, termination of direct debits (including Centrepay), refunds of advance payments, security deposits, credits on prepayment meter system accounts, credits remaining on cards used with card-operated meters and uncompleted service orders; and Editor’s note— This subparagraph is a substituted Queensland provision.\n- (ii) details as to the designated RoLR and the arrangements that apply for the sale of energy; and\n- (iii) details of any relevant designated contract under section 148B ; and\n- (i) details of customers that are hardship customers; and\n- (ii) details of premises registered as having life support equipment,","sortOrder":273},{"sectionNumber":"pt.6-div.9","sectionType":"division","heading":"RoLR cost recovery schemes","content":"## RoLR cost recovery schemes","sortOrder":274},{"sectionNumber":"sec.164","sectionType":"section","heading":"Operation of this Division, schemes and determinations","content":"### sec.164 Operation of this Division, schemes and determinations\n\nThis Division and a RoLR cost recovery scheme under this Division have effect despite anything in the following:\nthe NEL and NER;\nthe NGL and NGR;\nany distribution determination;\nany applicable access arrangement.\n- (a) the NEL and NER;\n- (b) the NGL and NGR;\n- (c) any distribution determination;\n- (d) any applicable access arrangement.","sortOrder":275},{"sectionNumber":"sec.165","sectionType":"section","heading":"RoLR cost recovery","content":"### sec.165 RoLR cost recovery\n\nA registered RoLR (including but not limited to a designated RoLR) cannot recover costs incurred in relation to the RoLR scheme except in accordance with a RoLR cost recovery scheme determined under this Division.","sortOrder":276},{"sectionNumber":"sec.166","sectionType":"section","heading":"RoLR cost recovery schemes","content":"### sec.166 RoLR cost recovery schemes\n\nThe AER must, on application by a registered RoLR, determine a RoLR cost recovery scheme for the RoLR.\nThe application must be in the form and contain the information specified in the AER RoLR Guidelines.\nA RoLR cost recovery scheme is a scheme designed for the recovery by the RoLR of costs incurred by the RoLR in relation to the RoLR scheme, including—\nin the case of a default RoLR only—costs incurred in preparing for RoLR events; and\nin the case of a designated RoLR only—costs incurred on and after a RoLR event, including—\ncosts paid to an insolvency official of a failed retailer in respect of anything done under this Part; and\ncosts paid to a distributor by the RoLR for service orders and not recoverable from the customers concerned or from the failed retailer; and\nRegarding subparagraph (i) above, see section 171 .\nRegarding subparagraph (ii) above, section 141 (7) deals with the case where a customer has paid the failed retailer for a service order and the order has not been completed as at the transfer date.\nother administration costs associated with the RoLR event; and\nadditional energy costs in respect of customers acquired as a result of the RoLR event; and\nfinancing costs for additional credit support provided to AEMO for the acquired customers; and\nfinancing costs to cover the period between a cost being incurred by the designated RoLR and the cost being recovered under the designated RoLR’s cost recovery scheme.\nThe AER may, after receipt of an application made under subsection (1) , request from the retailer such additional information as the AER considers reasonably necessary for it to determine the application. The retailer must comply with any such request.\nA registered RoLR may give an undertaking that the RoLR, under its cost recovery scheme—\nwill not seek to recover a particular category of cost; or\nwill seek to recover only a specified percentage of its incurred costs; or\nwill seek to recover its incurred costs only up to a specified amount.\nThe undertaking may be given by the RoLR to the AER—\nat the same time as it makes its application under subsection (1) ; or\nat another time for the purposes of including the undertaking as part of its cost recovery scheme.\nOn the acceptance by the AER of an undertaking given under subsection (4b) (b) , the undertaking becomes part of the RoLR cost recovery scheme and the scheme must be updated by the AER to reflect this.\nThe AER must publish on its website a notice of the application.\nThe notice must invite submissions on the application.\nThe notice must specify a period for making submissions of at least 20 business days.\nThe AER may, if it is satisfied that the costs are clearly identifiable and quantifiable—\nnot include in the notice the invitation to make submissions on the application; or\nspecify a period of less than 20 business days in the notice.\nSubsections (5) to (5c) (inclusive) do not apply to an undertaking given under subsection (4b) (b) .\nThe AER must decide whether to grant or refuse the application.\nThe AER must, when making its decision on the application, be guided by the following principles:\nthe registered RoLR should be provided with a reasonable opportunity to recover the reasonable costs that it incurs with respect to the RoLR scheme;\nthe recovery of costs should allow for a return commensurate with the regulatory and commercial risks with respect to the RoLR scheme;\ncosts not prudently incurred by the registered RoLR in meeting its obligations should not be recoverable.\nThe AER must also have regard to the national energy retail objective.\nThe AER may, in determining a RoLR cost recovery scheme, limit either generally or in particular cases or classes of cases the costs (and the amount of those costs) that are recoverable.\nWithout limitation, the AER’s determination of a RoLR cost recovery scheme may, so far as it relates to or affects tariffs payable by customers, differ between customers and classes of customers.\nThe AER must publish a copy of its decision on its website.\ns 166 amd 2025 No. 61 (SA) s 10\n(sec.166-ssec.1) The AER must, on application by a registered RoLR, determine a RoLR cost recovery scheme for the RoLR.\n(sec.166-ssec.2) The application must be in the form and contain the information specified in the AER RoLR Guidelines.\n(sec.166-ssec.3) A RoLR cost recovery scheme is a scheme designed for the recovery by the RoLR of costs incurred by the RoLR in relation to the RoLR scheme, including— in the case of a default RoLR only—costs incurred in preparing for RoLR events; and in the case of a designated RoLR only—costs incurred on and after a RoLR event, including— costs paid to an insolvency official of a failed retailer in respect of anything done under this Part; and costs paid to a distributor by the RoLR for service orders and not recoverable from the customers concerned or from the failed retailer; and Regarding subparagraph (i) above, see section 171 . Regarding subparagraph (ii) above, section 141 (7) deals with the case where a customer has paid the failed retailer for a service order and the order has not been completed as at the transfer date. other administration costs associated with the RoLR event; and additional energy costs in respect of customers acquired as a result of the RoLR event; and financing costs for additional credit support provided to AEMO for the acquired customers; and financing costs to cover the period between a cost being incurred by the designated RoLR and the cost being recovered under the designated RoLR’s cost recovery scheme.\n(sec.166-ssec.4) The AER may, after receipt of an application made under subsection (1) , request from the retailer such additional information as the AER considers reasonably necessary for it to determine the application. The retailer must comply with any such request.\n(sec.166-ssec.4a) A registered RoLR may give an undertaking that the RoLR, under its cost recovery scheme— will not seek to recover a particular category of cost; or will seek to recover only a specified percentage of its incurred costs; or will seek to recover its incurred costs only up to a specified amount.\n(sec.166-ssec.4b) The undertaking may be given by the RoLR to the AER— at the same time as it makes its application under subsection (1) ; or at another time for the purposes of including the undertaking as part of its cost recovery scheme.\n(sec.166-ssec.4c) On the acceptance by the AER of an undertaking given under subsection (4b) (b) , the undertaking becomes part of the RoLR cost recovery scheme and the scheme must be updated by the AER to reflect this.\n(sec.166-ssec.5) The AER must publish on its website a notice of the application.\n(sec.166-ssec.5a) The notice must invite submissions on the application.\n(sec.166-ssec.5b) The notice must specify a period for making submissions of at least 20 business days.\n(sec.166-ssec.5c) The AER may, if it is satisfied that the costs are clearly identifiable and quantifiable— not include in the notice the invitation to make submissions on the application; or specify a period of less than 20 business days in the notice.\n(sec.166-ssec.5d) Subsections (5) to (5c) (inclusive) do not apply to an undertaking given under subsection (4b) (b) .\n(sec.166-ssec.6) The AER must decide whether to grant or refuse the application.\n(sec.166-ssec.7) The AER must, when making its decision on the application, be guided by the following principles: the registered RoLR should be provided with a reasonable opportunity to recover the reasonable costs that it incurs with respect to the RoLR scheme; the recovery of costs should allow for a return commensurate with the regulatory and commercial risks with respect to the RoLR scheme; costs not prudently incurred by the registered RoLR in meeting its obligations should not be recoverable. The AER must also have regard to the national energy retail objective.\n(sec.166-ssec.8) The AER may, in determining a RoLR cost recovery scheme, limit either generally or in particular cases or classes of cases the costs (and the amount of those costs) that are recoverable.\n(sec.166-ssec.9) Without limitation, the AER’s determination of a RoLR cost recovery scheme may, so far as it relates to or affects tariffs payable by customers, differ between customers and classes of customers.\n(sec.166-ssec.10) The AER must publish a copy of its decision on its website.\n- (a) in the case of a default RoLR only—costs incurred in preparing for RoLR events; and\n- (b) in the case of a designated RoLR only—costs incurred on and after a RoLR event, including— (i) costs paid to an insolvency official of a failed retailer in respect of anything done under this Part; and (ii) costs paid to a distributor by the RoLR for service orders and not recoverable from the customers concerned or from the failed retailer; and Notes— 1 Regarding subparagraph (i) above, see section 171 . 2 Regarding subparagraph (ii) above, section 141 (7) deals with the case where a customer has paid the failed retailer for a service order and the order has not been completed as at the transfer date. (iii) other administration costs associated with the RoLR event; and (iv) additional energy costs in respect of customers acquired as a result of the RoLR event; and (v) financing costs for additional credit support provided to AEMO for the acquired customers; and (vi) financing costs to cover the period between a cost being incurred by the designated RoLR and the cost being recovered under the designated RoLR’s cost recovery scheme.\n- (i) costs paid to an insolvency official of a failed retailer in respect of anything done under this Part; and\n- (ii) costs paid to a distributor by the RoLR for service orders and not recoverable from the customers concerned or from the failed retailer; and Notes— 1 Regarding subparagraph (i) above, see section 171 . 2 Regarding subparagraph (ii) above, section 141 (7) deals with the case where a customer has paid the failed retailer for a service order and the order has not been completed as at the transfer date.\n- 1 Regarding subparagraph (i) above, see section 171 .\n- 2 Regarding subparagraph (ii) above, section 141 (7) deals with the case where a customer has paid the failed retailer for a service order and the order has not been completed as at the transfer date.\n- (iii) other administration costs associated with the RoLR event; and\n- (iv) additional energy costs in respect of customers acquired as a result of the RoLR event; and\n- (v) financing costs for additional credit support provided to AEMO for the acquired customers; and\n- (vi) financing costs to cover the period between a cost being incurred by the designated RoLR and the cost being recovered under the designated RoLR’s cost recovery scheme.\n- (i) costs paid to an insolvency official of a failed retailer in respect of anything done under this Part; and\n- (ii) costs paid to a distributor by the RoLR for service orders and not recoverable from the customers concerned or from the failed retailer; and Notes— 1 Regarding subparagraph (i) above, see section 171 . 2 Regarding subparagraph (ii) above, section 141 (7) deals with the case where a customer has paid the failed retailer for a service order and the order has not been completed as at the transfer date.\n- 1 Regarding subparagraph (i) above, see section 171 .\n- 2 Regarding subparagraph (ii) above, section 141 (7) deals with the case where a customer has paid the failed retailer for a service order and the order has not been completed as at the transfer date.\n- (iii) other administration costs associated with the RoLR event; and\n- (iv) additional energy costs in respect of customers acquired as a result of the RoLR event; and\n- (v) financing costs for additional credit support provided to AEMO for the acquired customers; and\n- (vi) financing costs to cover the period between a cost being incurred by the designated RoLR and the cost being recovered under the designated RoLR’s cost recovery scheme.\n- 1 Regarding subparagraph (i) above, see section 171 .\n- 2 Regarding subparagraph (ii) above, section 141 (7) deals with the case where a customer has paid the failed retailer for a service order and the order has not been completed as at the transfer date.\n- (a) will not seek to recover a particular category of cost; or\n- (b) will seek to recover only a specified percentage of its incurred costs; or\n- (c) will seek to recover its incurred costs only up to a specified amount.\n- (a) at the same time as it makes its application under subsection (1) ; or\n- (b) at another time for the purposes of including the undertaking as part of its cost recovery scheme.\n- (a) not include in the notice the invitation to make submissions on the application; or\n- (b) specify a period of less than 20 business days in the notice.\n- (a) the registered RoLR should be provided with a reasonable opportunity to recover the reasonable costs that it incurs with respect to the RoLR scheme;\n- (b) the recovery of costs should allow for a return commensurate with the regulatory and commercial risks with respect to the RoLR scheme;\n- (c) costs not prudently incurred by the registered RoLR in meeting its obligations should not be recoverable.","sortOrder":277},{"sectionNumber":"sec.167","sectionType":"section","heading":"RoLR cost recovery scheme distributor payment determination","content":"### sec.167 RoLR cost recovery scheme distributor payment determination\n\nThe AER must, as part of its determination with respect to a RoLR cost recovery scheme under this Division and after consultation with the distributor or distributors concerned, make a determination (a RoLR cost recovery scheme distributor payment determination ) that one or more distributors are to make payments to satisfy the full costs determined to be recoverable under the scheme.\nA RoLR cost recovery scheme distributor payment determination is taken to be both a regulatory change event and a positive change event for the purposes of the NER.\nDistributors are required to make payments to a RoLR in accordance with their liability under a RoLR cost recovery scheme distributor payment determination.\nThe distribution determination or applicable access arrangement (as the case may be) of each distributor who is to make payments under a RoLR cost recovery scheme distributor payment determination is taken to be amended so that any payments the distributor so makes are taken to be—\nin the case of electricity—positive pass through amounts approved under the NER; or\nin the case of gas—approved cost pass throughs allowing variation of the distributor’s reference tariffs.\nNotwithstanding any other provision of this Division, if a designated RoLR (other than a default RoLR) agrees with the AER that it will seek to recover no costs or only a particular figure or percentage of its costs, the designated RoLR may not afterwards seek to recover any more than as agreed.\nSee also section 133 (2) .\nSection 23 (5) does not apply to a retailer in respect of a variation of its standing offer prices as a result of a RoLR cost recovery scheme.\ns 167 amd 2025 No. 61 (SA) s 11\n(sec.167-ssec.1) The AER must, as part of its determination with respect to a RoLR cost recovery scheme under this Division and after consultation with the distributor or distributors concerned, make a determination (a RoLR cost recovery scheme distributor payment determination ) that one or more distributors are to make payments to satisfy the full costs determined to be recoverable under the scheme.\n(sec.167-ssec.2) A RoLR cost recovery scheme distributor payment determination is taken to be both a regulatory change event and a positive change event for the purposes of the NER.\n(sec.167-ssec.3) Distributors are required to make payments to a RoLR in accordance with their liability under a RoLR cost recovery scheme distributor payment determination.\n(sec.167-ssec.4) The distribution determination or applicable access arrangement (as the case may be) of each distributor who is to make payments under a RoLR cost recovery scheme distributor payment determination is taken to be amended so that any payments the distributor so makes are taken to be— in the case of electricity—positive pass through amounts approved under the NER; or in the case of gas—approved cost pass throughs allowing variation of the distributor’s reference tariffs.\n(sec.167-ssec.5) Notwithstanding any other provision of this Division, if a designated RoLR (other than a default RoLR) agrees with the AER that it will seek to recover no costs or only a particular figure or percentage of its costs, the designated RoLR may not afterwards seek to recover any more than as agreed. See also section 133 (2) .\n(sec.167-ssec.6) Section 23 (5) does not apply to a retailer in respect of a variation of its standing offer prices as a result of a RoLR cost recovery scheme.\n- (a) in the case of electricity—positive pass through amounts approved under the NER; or\n- (b) in the case of gas—approved cost pass throughs allowing variation of the distributor’s reference tariffs.","sortOrder":278},{"sectionNumber":"sec.168","sectionType":"section","heading":"Amendment of schemes and determinations","content":"### sec.168 Amendment of schemes and determinations\n\nA cost recovery scheme, including a RoLR cost recovery scheme, or a RoLR cost recovery scheme distributor payment determination may be amended by determination of the AER—\non application by, or after consultation with, the registered RoLR and after consultation with the distributors who are or will be affected; or\non application by a distributor who is or will be affected and after consultation with the registered RoLR and other distributors who are or will be affected.\nThe AER may make a determination to amend the scheme or determination if the AER—\nis satisfied that there is—\na material error in the scheme or determination; or\nthe scheme or determination is deficient because of false or misleading information given to the AER; and\nhas consulted with the registered RoLR and any distributor who may be affected by the change.\ns 168 amd 2025 No. 61 (SA) s 12\n(sec.168-ssec.1) A cost recovery scheme, including a RoLR cost recovery scheme, or a RoLR cost recovery scheme distributor payment determination may be amended by determination of the AER— on application by, or after consultation with, the registered RoLR and after consultation with the distributors who are or will be affected; or on application by a distributor who is or will be affected and after consultation with the registered RoLR and other distributors who are or will be affected.\n(sec.168-ssec.2) The AER may make a determination to amend the scheme or determination if the AER— is satisfied that there is— a material error in the scheme or determination; or the scheme or determination is deficient because of false or misleading information given to the AER; and has consulted with the registered RoLR and any distributor who may be affected by the change.\n- (a) on application by, or after consultation with, the registered RoLR and after consultation with the distributors who are or will be affected; or\n- (b) on application by a distributor who is or will be affected and after consultation with the registered RoLR and other distributors who are or will be affected.\n- (a) is satisfied that there is— (i) a material error in the scheme or determination; or (ii) the scheme or determination is deficient because of false or misleading information given to the AER; and\n- (i) a material error in the scheme or determination; or\n- (ii) the scheme or determination is deficient because of false or misleading information given to the AER; and\n- (b) has consulted with the registered RoLR and any distributor who may be affected by the change.\n- (i) a material error in the scheme or determination; or\n- (ii) the scheme or determination is deficient because of false or misleading information given to the AER; and","sortOrder":279},{"sectionNumber":"pt.6-div.10","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":280},{"sectionNumber":"sec.169","sectionType":"section","heading":"Information to be included in customer retail contracts","content":"### sec.169 Information to be included in customer retail contracts\n\nAll customer retail contracts for small customers must include a notice explaining what will happen to the customer’s arrangements for the purchase of energy if a RoLR event occurs.","sortOrder":281},{"sectionNumber":"sec.170","sectionType":"section","heading":"Application for retailer authorisation by failed retailer or associate","content":"### sec.170 Application for retailer authorisation by failed retailer or associate\n\nIf a failed retailer or an associate of a failed retailer applies for a retailer authorisation, the AER may—\nrefuse the application on the ground that the applicant is a failed retailer or an associate of a failed retailer; or\ngrant the application on the condition that the applicant pays a proportion or the whole of the costs of a prior RoLR event as determined by the AER.\nAny payment determined by the AER under subsection (1) is to be made to the relevant distributors (as determined by the AER) and—\nin the case of electricity—the determination by the AER is taken to be a regulatory change event and negative change event for the purposes of the NER and the payment is taken to be a negative pass through amount approved by the AER under the NER; and\nin the case of gas—the payment is taken to be an approved pass through allowing variation of a distributor’s reference tariffs.\nSubsection (1) does not limit the operation of Part 5 in relation to an application referred to in that subsection.\nIn this section—\nassociate , in relation to a failed retailer, has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13 , 16 (2) and 17 did not form part of that Act.\n(sec.170-ssec.1) If a failed retailer or an associate of a failed retailer applies for a retailer authorisation, the AER may— refuse the application on the ground that the applicant is a failed retailer or an associate of a failed retailer; or grant the application on the condition that the applicant pays a proportion or the whole of the costs of a prior RoLR event as determined by the AER.\n(sec.170-ssec.2) Any payment determined by the AER under subsection (1) is to be made to the relevant distributors (as determined by the AER) and— in the case of electricity—the determination by the AER is taken to be a regulatory change event and negative change event for the purposes of the NER and the payment is taken to be a negative pass through amount approved by the AER under the NER; and in the case of gas—the payment is taken to be an approved pass through allowing variation of a distributor’s reference tariffs.\n(sec.170-ssec.3) Subsection (1) does not limit the operation of Part 5 in relation to an application referred to in that subsection.\n(sec.170-ssec.4) In this section— associate , in relation to a failed retailer, has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13 , 16 (2) and 17 did not form part of that Act.\n- (a) refuse the application on the ground that the applicant is a failed retailer or an associate of a failed retailer; or\n- (b) grant the application on the condition that the applicant pays a proportion or the whole of the costs of a prior RoLR event as determined by the AER.\n- (a) in the case of electricity—the determination by the AER is taken to be a regulatory change event and negative change event for the purposes of the NER and the payment is taken to be a negative pass through amount approved by the AER under the NER; and\n- (b) in the case of gas—the payment is taken to be an approved pass through allowing variation of a distributor’s reference tariffs.","sortOrder":282},{"sectionNumber":"sec.171","sectionType":"section","heading":"Reimbursement of insolvency official","content":"### sec.171 Reimbursement of insolvency official\n\nIn the event of a RoLR event, the insolvency official of a failed retailer is entitled to be indemnified by the relevant designated RoLR for the official’s reasonable costs of complying with applicable requirements of the RoLR scheme, a RoLR notice or a RoLR regulatory information notice.\nAny dispute about the insolvency official’s reasonable costs is to be dealt with by the Court in the same way as a dispute as to a liquidator’s remuneration is dealt with under section 473 of the Corporations Act 2001 of the Commonwealth.\n(sec.171-ssec.1) In the event of a RoLR event, the insolvency official of a failed retailer is entitled to be indemnified by the relevant designated RoLR for the official’s reasonable costs of complying with applicable requirements of the RoLR scheme, a RoLR notice or a RoLR regulatory information notice.\n(sec.171-ssec.2) Any dispute about the insolvency official’s reasonable costs is to be dealt with by the Court in the same way as a dispute as to a liquidator’s remuneration is dealt with under section 473 of the Corporations Act 2001 of the Commonwealth.","sortOrder":283},{"sectionNumber":"sec.172","sectionType":"section","heading":"AER report on RoLR event","content":"### sec.172 AER report on RoLR event\n\nThe AER must prepare, in consultation with AEMO, a report for the MCE on a RoLR event and provide it to the MCE within 80 business days of the transfer date or such later time as the MCE agrees.\nThe report—\nmust address the facts and circumstances that gave rise to the event; and\nmust describe the actions that the AER, AEMO and the designated RoLRs took with respect to the event; and\nmust, if the MCE has in writing requested it to do so, address or describe any other matter that the MCE so requests; and\nmay contain recommendations as to the handling of future events.\nThe report may contain information given to the AER in confidence but if it does so, it must identify that information in the report.\n(sec.172-ssec.1) The AER must prepare, in consultation with AEMO, a report for the MCE on a RoLR event and provide it to the MCE within 80 business days of the transfer date or such later time as the MCE agrees.\n(sec.172-ssec.2) The report— must address the facts and circumstances that gave rise to the event; and must describe the actions that the AER, AEMO and the designated RoLRs took with respect to the event; and must, if the MCE has in writing requested it to do so, address or describe any other matter that the MCE so requests; and may contain recommendations as to the handling of future events.\n(sec.172-ssec.3) The report may contain information given to the AER in confidence but if it does so, it must identify that information in the report.\n- (a) must address the facts and circumstances that gave rise to the event; and\n- (b) must describe the actions that the AER, AEMO and the designated RoLRs took with respect to the event; and\n- (c) must, if the MCE has in writing requested it to do so, address or describe any other matter that the MCE so requests; and\n- (d) may contain recommendations as to the handling of future events.","sortOrder":284},{"sectionNumber":"sec.173","sectionType":"section","heading":"Immunity","content":"### sec.173 Immunity\n\nA protected person does not incur any civil monetary liability for an act or omission done or made under or for the purposes of the RoLR scheme unless the act or omission is done or made in bad faith.\nWithout limiting subsection (1) , a protected person does not incur any civil monetary liability in respect of the termination of a contract for the sale of energy under section 141 .\nIn this section—\nprotected person means—\nthe AER; or\nAEMO; or\na designated RoLR; or\na distributor; or\nan officer or employee of, or another person whose services are used by, a person referred to in paragraphs (a) to (d) (including, without limitation, any staff or consultants who are made available to assist the AER to exercise its functions).\n(sec.173-ssec.1) A protected person does not incur any civil monetary liability for an act or omission done or made under or for the purposes of the RoLR scheme unless the act or omission is done or made in bad faith.\n(sec.173-ssec.2) Without limiting subsection (1) , a protected person does not incur any civil monetary liability in respect of the termination of a contract for the sale of energy under section 141 .\n(sec.173-ssec.3) In this section— protected person means— the AER; or AEMO; or a designated RoLR; or a distributor; or an officer or employee of, or another person whose services are used by, a person referred to in paragraphs (a) to (d) (including, without limitation, any staff or consultants who are made available to assist the AER to exercise its functions).\n- (a) the AER; or\n- (b) AEMO; or\n- (c) a designated RoLR; or\n- (d) a distributor; or\n- (e) an officer or employee of, or another person whose services are used by, a person referred to in paragraphs (a) to (d) (including, without limitation, any staff or consultants who are made available to assist the AER to exercise its functions).","sortOrder":285},{"sectionNumber":"sec.174","sectionType":"section","heading":"Authorised disclosure of information","content":"### sec.174 Authorised disclosure of information\n\nTo the extent that the information is personal information within the meaning of the Privacy Act 1988 of the Commonwealth or of any Act of a participating jurisdiction relating to privacy—\ndisclosure of that information to the AER, AEMO, a distributor or a designated RoLR for or in connection with the RoLR scheme is authorised by this Law; and\nuse of that information for or in connection with the RoLR scheme is authorised by this Law.\n- (a) disclosure of that information to the AER, AEMO, a distributor or a designated RoLR for or in connection with the RoLR scheme is authorised by this Law; and\n- (b) use of that information for or in connection with the RoLR scheme is authorised by this Law.","sortOrder":286},{"sectionNumber":"sec.175","sectionType":"section","heading":"Corporations Act displacement","content":"### sec.175 Corporations Act displacement\n\nThis Part is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act.\nSection 5G of the Corporations Act 2001 provides that if a State or Territory law declares a provision of a State or Territory law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State or Territory provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.\nThe provisions of Part 7 are not applicable in Queensland.","sortOrder":287},{"sectionNumber":"pt.7","sectionType":"part","heading":"Small compensation claims regime","content":"# Small compensation claims regime","sortOrder":288},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":289},{"sectionNumber":"sec.176","sectionType":"section","heading":null,"content":"### Section sec.176\n\ns 176 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":290},{"sectionNumber":"sec.177","sectionType":"section","heading":null,"content":"### Section sec.177\n\ns 177 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":291},{"sectionNumber":"sec.178","sectionType":"section","heading":null,"content":"### Section sec.178\n\ns 178 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":292},{"sectionNumber":"sec.179","sectionType":"section","heading":null,"content":"### Section sec.179\n\ns 179 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":293},{"sectionNumber":"sec.180","sectionType":"section","heading":null,"content":"### Section sec.180\n\ns 180 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":294},{"sectionNumber":"sec.181","sectionType":"section","heading":null,"content":"### Section sec.181\n\ns 181 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":295},{"sectionNumber":"sec.182","sectionType":"section","heading":null,"content":"### Section sec.182\n\ns 182 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":296},{"sectionNumber":"sec.183","sectionType":"section","heading":null,"content":"### Section sec.183\n\ns 183 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":297},{"sectionNumber":"sec.184","sectionType":"section","heading":null,"content":"### Section sec.184\n\ns 184 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":298},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":null,"content":"","sortOrder":299},{"sectionNumber":"sec.185","sectionType":"section","heading":null,"content":"### Section sec.185\n\ns 185 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":300},{"sectionNumber":"sec.186","sectionType":"section","heading":null,"content":"### Section sec.186\n\ns 186 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":301},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":null,"content":"","sortOrder":302},{"sectionNumber":"sec.187","sectionType":"section","heading":null,"content":"### Section sec.187\n\ns 187 amd 2012 No. 16 (SA) s 14\nom 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":303},{"sectionNumber":"sec.188","sectionType":"section","heading":null,"content":"### Section sec.188\n\ns 188 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":304},{"sectionNumber":"sec.189","sectionType":"section","heading":null,"content":"### Section sec.189\n\ns 189 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":305},{"sectionNumber":"sec.190","sectionType":"section","heading":null,"content":"### Section sec.190\n\ns 190 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":306},{"sectionNumber":"sec.191","sectionType":"section","heading":null,"content":"### Section sec.191\n\ns 191 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":307},{"sectionNumber":"sec.192","sectionType":"section","heading":null,"content":"### Section sec.192\n\ns 192 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":308},{"sectionNumber":"sec.193","sectionType":"section","heading":null,"content":"### Section sec.193\n\ns 193 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":309},{"sectionNumber":"sec.194","sectionType":"section","heading":null,"content":"### Section sec.194\n\ns 194 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":310},{"sectionNumber":"sec.195","sectionType":"section","heading":null,"content":"### Section sec.195\n\ns 195 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":311},{"sectionNumber":"sec.196","sectionType":"section","heading":null,"content":"### Section sec.196\n\ns 196 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":312},{"sectionNumber":"sec.197","sectionType":"section","heading":null,"content":"### Section sec.197\n\ns 197 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":313},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":null,"content":"","sortOrder":314},{"sectionNumber":"sec.198","sectionType":"section","heading":null,"content":"### Section sec.198\n\ns 198 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":315},{"sectionNumber":"sec.199","sectionType":"section","heading":null,"content":"### Section sec.199\n\ns 199 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":316},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":null,"content":"","sortOrder":317},{"sectionNumber":"sec.200","sectionType":"section","heading":null,"content":"### Section sec.200\n\ns 200 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":318},{"sectionNumber":"sec.201","sectionType":"section","heading":null,"content":"### Section sec.201\n\ns 201 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":319},{"sectionNumber":"sec.202","sectionType":"section","heading":null,"content":"### Section sec.202\n\ns 202 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":320},{"sectionNumber":"sec.203","sectionType":"section","heading":null,"content":"### Section sec.203\n\ns 203 om 2014 No. 49 (Qld) s 4 sch s 28","sortOrder":321},{"sectionNumber":"pt.8","sectionType":"part","heading":"Functions and powers of the Australian Energy Regulator","content":"# Functions and powers of the Australian Energy Regulator","sortOrder":322},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":323},{"sectionNumber":"sec.204","sectionType":"section","heading":"Functions and powers of AER (including delegations)","content":"### sec.204 Functions and powers of AER (including delegations)\n\nThe AER has the following functions and powers:\nto monitor compliance by persons with this Law, the National Regulations and the Rules;\nwithout limiting paragraph (a) , to monitor and report on compliance by regulated entities with this Law, the National Regulations and the Rules;\nwithout limiting paragraphs (a) and (b) , in relation to a person undertaking a trial project under a trial Rule or trial waiver, to monitor the conduct and outcomes of the trial project and investigate breaches or possible breaches by the person of—\nthis Law, the National Regulations and the Rules; and\nin particular—\nin the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 262B ; and\nin the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and\nto investigate breaches or possible breaches of provisions of this Law, the National Regulations or the Rules, including offences against this Law;\nto institute and conduct proceedings in relation to breaches of provisions of this Law, the National Regulations or the Rules, including offences against this Law;\nto institute and conduct appeals from decisions in proceedings referred to in paragraph (d) ;\nAER regulatory functions or powers;\nAER trial waiver functions; and\nany other functions and powers conferred on it under this Law, the National Regulations or the Rules.\nThe AER has the power to do all things necessary or convenient to be done for or in connection with the performance and exercise of its functions and powers.\nAny delegation by the AER under section 44AAH of the Competition and Consumer Act 2010 of the Commonwealth extends to, and has effect for the purposes of, this Law, the National Regulations and the Rules.\ns 204 amd 2012 No. 16 (SA) s 15 ; 2022 No. 22 (SA) s 21\n(sec.204-ssec.1) The AER has the following functions and powers: to monitor compliance by persons with this Law, the National Regulations and the Rules; without limiting paragraph (a) , to monitor and report on compliance by regulated entities with this Law, the National Regulations and the Rules; without limiting paragraphs (a) and (b) , in relation to a person undertaking a trial project under a trial Rule or trial waiver, to monitor the conduct and outcomes of the trial project and investigate breaches or possible breaches by the person of— this Law, the National Regulations and the Rules; and in particular— in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 262B ; and in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and to investigate breaches or possible breaches of provisions of this Law, the National Regulations or the Rules, including offences against this Law; to institute and conduct proceedings in relation to breaches of provisions of this Law, the National Regulations or the Rules, including offences against this Law; to institute and conduct appeals from decisions in proceedings referred to in paragraph (d) ; AER regulatory functions or powers; AER trial waiver functions; and any other functions and powers conferred on it under this Law, the National Regulations or the Rules.\n(sec.204-ssec.2) The AER has the power to do all things necessary or convenient to be done for or in connection with the performance and exercise of its functions and powers.\n(sec.204-ssec.3) Any delegation by the AER under section 44AAH of the Competition and Consumer Act 2010 of the Commonwealth extends to, and has effect for the purposes of, this Law, the National Regulations and the Rules. s 204 amd 2012 No. 16 (SA) s 15 ; 2022 No. 22 (SA) s 21\n- (a) to monitor compliance by persons with this Law, the National Regulations and the Rules;\n- (b) without limiting paragraph (a) , to monitor and report on compliance by regulated entities with this Law, the National Regulations and the Rules;\n- (ba) without limiting paragraphs (a) and (b) , in relation to a person undertaking a trial project under a trial Rule or trial waiver, to monitor the conduct and outcomes of the trial project and investigate breaches or possible breaches by the person of— (i) this Law, the National Regulations and the Rules; and (ii) in particular— (A) in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 262B ; and (B) in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and\n- (i) this Law, the National Regulations and the Rules; and\n- (ii) in particular— (A) in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 262B ; and (B) in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and\n- (A) in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 262B ; and\n- (B) in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and\n- (c) to investigate breaches or possible breaches of provisions of this Law, the National Regulations or the Rules, including offences against this Law;\n- (d) to institute and conduct proceedings in relation to breaches of provisions of this Law, the National Regulations or the Rules, including offences against this Law;\n- (e) to institute and conduct appeals from decisions in proceedings referred to in paragraph (d) ;\n- (f) AER regulatory functions or powers;\n- (fa) AER trial waiver functions; and\n- (g) any other functions and powers conferred on it under this Law, the National Regulations or the Rules.\n- (i) this Law, the National Regulations and the Rules; and\n- (ii) in particular— (A) in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 262B ; and (B) in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and\n- (A) in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 262B ; and\n- (B) in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and\n- (A) in the case of a person undertaking a trial project under a trial Rule—the trial Rule and any requirements imposed by the AEMC under section 262B ; and\n- (B) in the case of a person undertaking a trial project under a trial waiver—the trial waiver and any conditions to which the trial waiver is subject; and","sortOrder":324},{"sectionNumber":"sec.205","sectionType":"section","heading":"Manner in which AER performs AER regulatory functions or powers","content":"### sec.205 Manner in which AER performs AER regulatory functions or powers\n\nThe AER must, in performing or exercising an AER regulatory function or power, perform or exercise that function or power in a manner that will or is likely to contribute to the achievement of the national energy retail objective and where relevant, in a manner that is compatible with the development and application of consumer protections for small customers, including (but not limited to) protections relating to hardship customers.","sortOrder":325},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"General information gathering powers","content":"## General information gathering powers","sortOrder":326},{"sectionNumber":"sec.206","sectionType":"section","heading":"Power to obtain information and documents","content":"### sec.206 Power to obtain information and documents\n\nIf the AER has reason to believe that a person is capable of providing information, producing a document or giving evidence that the AER requires for the performance or exercise of a function or power conferred on it under this Law, the National Regulations, the Rules or an application Act, the AER may serve on that person a notice (a relevant notice ).\nA relevant notice may require the person to do 1 or more of the following:\nprovide to the AER, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, any information of the kind referred to in subsection (1) ; or\nproduce to the AER, or to a person specified in the notice acting on its behalf, in accordance with the notice, any documents of the kind referred to in subsection (1) ; or\nappear before the AER, or before a member of the staff assisting the AER who is an SES employee or an acting SES employee and who is specified in the notice, at a time and place specified in the notice, to provide any information or to give any evidence of the kind referred to in subsection (1) , either orally or in writing, and to produce any documents of the kind referred to in subsection (1) .\nA person on whom a relevant notice is served must comply with the relevant notice unless the person has a reasonable excuse.\nMaximum penalty:\nin the case of a natural person—$6 300;\nin the case of a body corporate—$31 500.\nSee section 300B , which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\nA person must not, when appearing under subsection (2) (c) , refuse or fail to answer a question that the person is required to answer for the purpose of providing information or giving evidence unless the person has a reasonable excuse.\nMaximum penalty: $6 300.\nSee section 300B , which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\nA person must not, in purported compliance with a relevant notice, provide information or give evidence that the person knows is false or misleading in a material particular.\nMaximum penalty:\nin the case of a natural person—$6 300;\nin the case of a body corporate—$31 500.\nSee section 300B , which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\nIt is a reasonable excuse for the purposes of subsection (3) if the person served the relevant notice is not capable of complying with that notice.\nIt is a reasonable excuse for the purposes of subsection (3a) if the person is not capable of providing the information or giving the evidence (as the case may be) to which the question relates.\nIt is a reasonable excuse for a natural person to—\nfail to provide information or to give evidence of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice;\nfail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER,\nif to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or another jurisdiction in Australia (whether or not that other jurisdiction is a participating jurisdiction).\nIt is not a reasonable excuse for a person to—\nfail to provide information of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice; or\nfail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER,\non the ground of any duty of confidence.\nThis section does not require a person to—\nprovide information that is the subject of legal professional privilege; or\nproduce a document the production of which would disclose information that is the subject of legal professional privilege.\nThis section does not require a person to—\nprovide information or give evidence that would disclose the contents of a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or\nproduce a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or\nprovide information, give evidence or produce a document that would disclose the deliberations of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory.\nThe AER, or a person specified in a relevant notice under this section, may require evidence given under subsection (2) (c) to be given on oath or affirmation and for that purpose the AER or specified person (as the case may be) may administer the oath or affirmation.\nA person must not, without reasonable excuse, refuse or fail to be sworn or to make an affirmation under subsection (9a) .\nMaximum penalty: $6 300.\nSee section 300B , which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\nA person incurs, by complying with a relevant notice, no liability for breach of contract, breach of confidence or any other civil wrong.\nSubject to the preceding subsections, the Court may, on application by the AER on behalf of the Commonwealth, if satisfied that a person has breached subsection (3) or (3a), make an order that the person take such action as the Court requires for remedying the breach.\nTo avoid doubt, the Court may act under subsection (11) if satisfied on the balance of probabilities that a person is in breach of subsection (3) or (3a) (as the case may be).\nThe AER must not exercise, or continue to exercise, a power under subsection (1) in relation to a matter (and any notice under that subsection will cease to have effect)—\nafter the AER has commenced proceedings in relation to the matter, other than proceedings for an injunction (whether interim or final); or\nif proceedings for a final injunction have been commenced by the AER—after the close of pleadings in those proceedings.\nSubsection (13) does not prevent the AER from—\nusing any information, evidence or document acquired under this section in any proceedings if the information, evidence or document has been obtained before the commencement of those proceedings; or\nexercising a power under this section for a purpose other than for the purposes of proceedings referred to in that subsection.\nAny information, evidence or document obtained under subsection (14) (b) may be used in any proceedings if it is found to be relevant to those proceedings.\nThe National Regulations may make any other provision in relation to the form, content or service of a notice under this section.\nAn annual report for the AER must include the following information relating to the relevant reporting period for that report:\nthe number of notices (if any) given under subsection (2) (c) during the reporting period to appear to provide information or to give evidence orally;\nin relation to a notice under paragraph (a) —a general description of the nature of the matter or matters in respect of which the notice was given;\nthe number of any proceedings (if any) commenced during the reporting period to challenge a notice given under subsection (2) (c) to appear to provide information or to give evidence orally.\nA person must not—\nthreaten, intimidate or coerce another person; or\ncause or procure damage, loss or disadvantage to another person,\nbecause that other person—\nproposes to provide information, give evidence or produce a document in response to a notice under this section; or\nproposes to appear, or has appeared, in response to a notice under this section.\nMaximum penalty: $6 300.\nSee section 300B , which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\nIn this section—\nacting SES employee has the same meaning as in the Public Service Act 1999 of the Commonwealth;\nSES employee has the same meaning as in the Public Service Act 1999 of the Commonwealth.\ns 206 amd 2012 No. 16 (SA) s 16 ; 2020 No. 37 (SA) s 39\n(sec.206-ssec.1) If the AER has reason to believe that a person is capable of providing information, producing a document or giving evidence that the AER requires for the performance or exercise of a function or power conferred on it under this Law, the National Regulations, the Rules or an application Act, the AER may serve on that person a notice (a relevant notice ).\n(sec.206-ssec.2) A relevant notice may require the person to do 1 or more of the following: provide to the AER, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, any information of the kind referred to in subsection (1) ; or produce to the AER, or to a person specified in the notice acting on its behalf, in accordance with the notice, any documents of the kind referred to in subsection (1) ; or appear before the AER, or before a member of the staff assisting the AER who is an SES employee or an acting SES employee and who is specified in the notice, at a time and place specified in the notice, to provide any information or to give any evidence of the kind referred to in subsection (1) , either orally or in writing, and to produce any documents of the kind referred to in subsection (1) .\n(sec.206-ssec.3) A person on whom a relevant notice is served must comply with the relevant notice unless the person has a reasonable excuse. Maximum penalty: in the case of a natural person—$6 300; in the case of a body corporate—$31 500. See section 300B , which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n(sec.206-ssec.3a) A person must not, when appearing under subsection (2) (c) , refuse or fail to answer a question that the person is required to answer for the purpose of providing information or giving evidence unless the person has a reasonable excuse. Maximum penalty: $6 300. See section 300B , which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n(sec.206-ssec.4) A person must not, in purported compliance with a relevant notice, provide information or give evidence that the person knows is false or misleading in a material particular. Maximum penalty: in the case of a natural person—$6 300; in the case of a body corporate—$31 500. See section 300B , which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n(sec.206-ssec.5) It is a reasonable excuse for the purposes of subsection (3) if the person served the relevant notice is not capable of complying with that notice.\n(sec.206-ssec.5a) It is a reasonable excuse for the purposes of subsection (3a) if the person is not capable of providing the information or giving the evidence (as the case may be) to which the question relates.\n(sec.206-ssec.6) It is a reasonable excuse for a natural person to— fail to provide information or to give evidence of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice; fail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER, if to do so might tend to incriminate the person, or make the person liable to a criminal penalty, under a law of this jurisdiction or another jurisdiction in Australia (whether or not that other jurisdiction is a participating jurisdiction).\n(sec.206-ssec.7) It is not a reasonable excuse for a person to— fail to provide information of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice; or fail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER, on the ground of any duty of confidence.\n(sec.206-ssec.8) This section does not require a person to— provide information that is the subject of legal professional privilege; or produce a document the production of which would disclose information that is the subject of legal professional privilege.\n(sec.206-ssec.9) This section does not require a person to— provide information or give evidence that would disclose the contents of a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or produce a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or provide information, give evidence or produce a document that would disclose the deliberations of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory.\n(sec.206-ssec.9a) The AER, or a person specified in a relevant notice under this section, may require evidence given under subsection (2) (c) to be given on oath or affirmation and for that purpose the AER or specified person (as the case may be) may administer the oath or affirmation.\n(sec.206-ssec.9b) A person must not, without reasonable excuse, refuse or fail to be sworn or to make an affirmation under subsection (9a) . Maximum penalty: $6 300. See section 300B , which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n(sec.206-ssec.10) A person incurs, by complying with a relevant notice, no liability for breach of contract, breach of confidence or any other civil wrong.\n(sec.206-ssec.11) Subject to the preceding subsections, the Court may, on application by the AER on behalf of the Commonwealth, if satisfied that a person has breached subsection (3) or (3a), make an order that the person take such action as the Court requires for remedying the breach.\n(sec.206-ssec.12) To avoid doubt, the Court may act under subsection (11) if satisfied on the balance of probabilities that a person is in breach of subsection (3) or (3a) (as the case may be).\n(sec.206-ssec.13) The AER must not exercise, or continue to exercise, a power under subsection (1) in relation to a matter (and any notice under that subsection will cease to have effect)— after the AER has commenced proceedings in relation to the matter, other than proceedings for an injunction (whether interim or final); or if proceedings for a final injunction have been commenced by the AER—after the close of pleadings in those proceedings.\n(sec.206-ssec.14) Subsection (13) does not prevent the AER from— using any information, evidence or document acquired under this section in any proceedings if the information, evidence or document has been obtained before the commencement of those proceedings; or exercising a power under this section for a purpose other than for the purposes of proceedings referred to in that subsection.\n(sec.206-ssec.15) Any information, evidence or document obtained under subsection (14) (b) may be used in any proceedings if it is found to be relevant to those proceedings.\n(sec.206-ssec.16) The National Regulations may make any other provision in relation to the form, content or service of a notice under this section.\n(sec.206-ssec.17) An annual report for the AER must include the following information relating to the relevant reporting period for that report: the number of notices (if any) given under subsection (2) (c) during the reporting period to appear to provide information or to give evidence orally; in relation to a notice under paragraph (a) —a general description of the nature of the matter or matters in respect of which the notice was given; the number of any proceedings (if any) commenced during the reporting period to challenge a notice given under subsection (2) (c) to appear to provide information or to give evidence orally.\n(sec.206-ssec.18) A person must not— threaten, intimidate or coerce another person; or cause or procure damage, loss or disadvantage to another person, because that other person— proposes to provide information, give evidence or produce a document in response to a notice under this section; or proposes to appear, or has appeared, in response to a notice under this section. Maximum penalty: $6 300. See section 300B , which provides for criminal penalty amounts to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.\n(sec.206-ssec.19) In this section— acting SES employee has the same meaning as in the Public Service Act 1999 of the Commonwealth; SES employee has the same meaning as in the Public Service Act 1999 of the Commonwealth.\n- (a) provide to the AER, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, any information of the kind referred to in subsection (1) ; or\n- (b) produce to the AER, or to a person specified in the notice acting on its behalf, in accordance with the notice, any documents of the kind referred to in subsection (1) ; or\n- (c) appear before the AER, or before a member of the staff assisting the AER who is an SES employee or an acting SES employee and who is specified in the notice, at a time and place specified in the notice, to provide any information or to give any evidence of the kind referred to in subsection (1) , either orally or in writing, and to produce any documents of the kind referred to in subsection (1) .\n- (a) in the case of a natural person—$6 300;\n- (b) in the case of a body corporate—$31 500.\n- (a) in the case of a natural person—$6 300;\n- (b) in the case of a body corporate—$31 500.\n- (a) fail to provide information or to give evidence of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice;\n- (b) fail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER,\n- (a) fail to provide information of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice; or\n- (b) fail to produce a document of the kind referred to in subsection (1) to the AER, or to a person specified in a relevant notice acting on behalf of the AER,\n- (a) provide information that is the subject of legal professional privilege; or\n- (b) produce a document the production of which would disclose information that is the subject of legal professional privilege.\n- (a) provide information or give evidence that would disclose the contents of a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or\n- (b) produce a document prepared for the purposes of a meeting of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory; or\n- (c) provide information, give evidence or produce a document that would disclose the deliberations of the Cabinet or a committee of the Cabinet of the Commonwealth or of a State or a Territory.\n- (a) after the AER has commenced proceedings in relation to the matter, other than proceedings for an injunction (whether interim or final); or\n- (b) if proceedings for a final injunction have been commenced by the AER—after the close of pleadings in those proceedings.\n- (a) using any information, evidence or document acquired under this section in any proceedings if the information, evidence or document has been obtained before the commencement of those proceedings; or\n- (b) exercising a power under this section for a purpose other than for the purposes of proceedings referred to in that subsection.\n- (a) the number of notices (if any) given under subsection (2) (c) during the reporting period to appear to provide information or to give evidence orally;\n- (b) in relation to a notice under paragraph (a) —a general description of the nature of the matter or matters in respect of which the notice was given;\n- (c) the number of any proceedings (if any) commenced during the reporting period to challenge a notice given under subsection (2) (c) to appear to provide information or to give evidence orally.\n- (a) threaten, intimidate or coerce another person; or\n- (b) cause or procure damage, loss or disadvantage to another person,\n- (c) proposes to provide information, give evidence or produce a document in response to a notice under this section; or\n- (d) proposes to appear, or has appeared, in response to a notice under this section.","sortOrder":327},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Disclosure of confidential information held by AER","content":"## Disclosure of confidential information held by AER","sortOrder":328},{"sectionNumber":"sec.207","sectionType":"section","heading":"Confidentiality","content":"### sec.207 Confidentiality\n\nSection 44AAF of the Competition and Consumer Act 2010 of the Commonwealth has effect for the purposes of this Law, the National Regulations and the Rules as if it formed part of this Law.","sortOrder":329},{"sectionNumber":"sec.208","sectionType":"section","heading":"Authorised disclosure of information given to AER in confidence","content":"### sec.208 Authorised disclosure of information given to AER in confidence\n\nThe AER is authorised to disclose information given to it in confidence in, or in connection with, the performance or exercise of its functions or powers under this Law or the Rules subject to and in accordance with this Division.","sortOrder":330},{"sectionNumber":"sec.209","sectionType":"section","heading":"Disclosure with prior written consent is authorised","content":"### sec.209 Disclosure with prior written consent is authorised\n\nThe AER is authorised to disclose information given to it in confidence if the AER has the written consent to do so of—\nthe person who gave the information; or\nthe person from whom the person referred to in paragraph (a) received that information.\n- (a) the person who gave the information; or\n- (b) the person from whom the person referred to in paragraph (a) received that information.","sortOrder":331},{"sectionNumber":"sec.210","sectionType":"section","heading":"Disclosure for purposes of court and tribunal proceedings and to accord natural justice","content":"### sec.210 Disclosure for purposes of court and tribunal proceedings and to accord natural justice\n\nThe AER is authorised to disclose information given to it in confidence—\nfor the purposes of civil or criminal proceedings; or\nfor the purposes of proceedings before the Tribunal under Division 7 of Part 13 ; or\nfor the purposes of according natural justice to a person affected by a decision (however described) of the AER under this Law or the Rules.\n- (a) for the purposes of civil or criminal proceedings; or\n- (b) for the purposes of proceedings before the Tribunal under Division 7 of Part 13 ; or\n- (c) for the purposes of according natural justice to a person affected by a decision (however described) of the AER under this Law or the Rules.","sortOrder":332},{"sectionNumber":"sec.210A","sectionType":"section","heading":"Disclosure of information to Energy Security Board","content":"### sec.210A Disclosure of information to Energy Security Board\n\nThe AER is authorised to disclose to the Energy Security Board information given to the AER in confidence in or in connection with the performance of its functions or the exercise of its powers under this Law or the Rules.\ns 210A ins 2018 No. 12 (SA) s 14","sortOrder":333},{"sectionNumber":"sec.211","sectionType":"section","heading":"Disclosure of information given to AER with confidential information omitted","content":"### sec.211 Disclosure of information given to AER with confidential information omitted\n\nThis section applies if—\nin compliance with this Law or the Rules or voluntarily, a person gives the AER information in confidence; and\nthat information is contained in a document with other information.\nThe AER may disclose the document with the information given in confidence omitted.\nThe AER must include a note at the place in the document from which the information given in confidence is omitted to the effect that that information has been omitted from the document.\n(sec.211-ssec.1) This section applies if— in compliance with this Law or the Rules or voluntarily, a person gives the AER information in confidence; and that information is contained in a document with other information.\n(sec.211-ssec.2) The AER may disclose the document with the information given in confidence omitted.\n(sec.211-ssec.3) The AER must include a note at the place in the document from which the information given in confidence is omitted to the effect that that information has been omitted from the document.\n- (a) in compliance with this Law or the Rules or voluntarily, a person gives the AER information in confidence; and\n- (b) that information is contained in a document with other information.","sortOrder":334},{"sectionNumber":"sec.212","sectionType":"section","heading":"Disclosure of information given in confidence does not identify anyone","content":"### sec.212 Disclosure of information given in confidence does not identify anyone\n\nThe AER is authorised to disclose the information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if—\nit does not disclose any elements of the information that could lead to the identification of the person to whom that information relates; or\nthe manner in which it discloses the information does not identify the person to whom that information relates.\n- (a) it does not disclose any elements of the information that could lead to the identification of the person to whom that information relates; or\n- (b) the manner in which it discloses the information does not identify the person to whom that information relates.","sortOrder":335},{"sectionNumber":"sec.213","sectionType":"section","heading":"Disclosure of information that has entered the public domain","content":"### sec.213 Disclosure of information that has entered the public domain\n\nThe AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if the information is already in the public domain.","sortOrder":336},{"sectionNumber":"sec.214","sectionType":"section","heading":"Disclosure of protected information authorised if detriment does not outweigh public benefit","content":"### sec.214 Disclosure of protected information authorised if detriment does not outweigh public benefit\n\nDespite sections 211 , 212 and 213 but subject to this section, the AER is authorised to disclose information given to it in confidence after the restricted period if the AER is of the opinion—\nthat the disclosure of the information would not cause detriment to the person who has given it or to the person from whom that person received it; or\nthat, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\nBefore disclosing the information, the AER must give the person who gave the information—\na notice (an initial disclosure notice ) stating—\nthat the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\nthat the AER is of the opinion required by subsection (1) ; and\nthat the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\nthe AER’s decision, in writing, setting out the reasons why the AER—\nwishes to make the disclosure; and\nis of the opinion required by subsection (1) .\nIf the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person’s identity and address, the AER must, before disclosing the information give that other person—\na notice (an initial disclosure notice ) stating—\nthat the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\nthat the AER is of the opinion required by subsection (1) ; and\nthat the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\nthe AER’s decision, in writing, setting out the reasons why the AER—\nwishes to make the disclosure; and\nis of the opinion required by subsection (1) .\nThe AER must consider every representation made to it by a person given an initial disclosure notice within the time specified in the notice.\nThe period of time specified in an initial disclosure notice must not be less than 5 business days after the date the initial disclosure notice is given to the person.\nIf after considering the representations, the AER wishes to disclose the information, the AER must give the person given the initial disclosure notice—\na notice (a further disclosure notice ) stating—\nthat the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\nthat the AER is of the opinion required by subsection (1) ; and\nthe AER’s decision, in writing, setting out the reasons why the AER—\nwishes to make the disclosure; and\nis of the opinion required by subsection (1) .\nFor the purposes of this section, the disclosure of anything that is already in the public domain at the time the AER wishes to disclose it cannot cause detriment to any person referred to in subsection (2) or (3) .\nDespite anything to the contrary in this Law, this section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to—\nthe AER’s decision under subsection (1) to disclose information given in confidence to the AER; and\nwithout limiting paragraph (a) , if the AER’s decision under subsection (1) is to disclose the confidential information, the AER’s opinion—\nthat the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or\nthat, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\nIn this section—\nrestricted period means a period of 5 business days after—\nan initial disclosure notice has been given under this section; or\na further disclosure notice has been given under this section,\nwhichever is the later.\ns 214 amd 2021 No. 3 (SA) s 28\n(sec.214-ssec.1) Despite sections 211 , 212 and 213 but subject to this section, the AER is authorised to disclose information given to it in confidence after the restricted period if the AER is of the opinion— that the disclosure of the information would not cause detriment to the person who has given it or to the person from whom that person received it; or that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n(sec.214-ssec.2) Before disclosing the information, the AER must give the person who gave the information— a notice (an initial disclosure notice ) stating— that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and that the AER is of the opinion required by subsection (1) ; and that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and the AER’s decision, in writing, setting out the reasons why the AER— wishes to make the disclosure; and is of the opinion required by subsection (1) .\n(sec.214-ssec.3) If the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person’s identity and address, the AER must, before disclosing the information give that other person— a notice (an initial disclosure notice ) stating— that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and that the AER is of the opinion required by subsection (1) ; and that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and the AER’s decision, in writing, setting out the reasons why the AER— wishes to make the disclosure; and is of the opinion required by subsection (1) .\n(sec.214-ssec.4) The AER must consider every representation made to it by a person given an initial disclosure notice within the time specified in the notice.\n(sec.214-ssec.5) The period of time specified in an initial disclosure notice must not be less than 5 business days after the date the initial disclosure notice is given to the person.\n(sec.214-ssec.6) If after considering the representations, the AER wishes to disclose the information, the AER must give the person given the initial disclosure notice— a notice (a further disclosure notice ) stating— that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and that the AER is of the opinion required by subsection (1) ; and the AER’s decision, in writing, setting out the reasons why the AER— wishes to make the disclosure; and is of the opinion required by subsection (1) .\n(sec.214-ssec.7) For the purposes of this section, the disclosure of anything that is already in the public domain at the time the AER wishes to disclose it cannot cause detriment to any person referred to in subsection (2) or (3) .\n(sec.214-ssec.7a) Despite anything to the contrary in this Law, this section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to— the AER’s decision under subsection (1) to disclose information given in confidence to the AER; and without limiting paragraph (a) , if the AER’s decision under subsection (1) is to disclose the confidential information, the AER’s opinion— that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n(sec.214-ssec.8) In this section— restricted period means a period of 5 business days after— an initial disclosure notice has been given under this section; or a further disclosure notice has been given under this section, whichever is the later.\n- (a) that the disclosure of the information would not cause detriment to the person who has given it or to the person from whom that person received it; or\n- (b) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n- (a) a notice (an initial disclosure notice ) stating— (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and (ii) that the AER is of the opinion required by subsection (1) ; and (iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n- (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that the AER is of the opinion required by subsection (1) ; and\n- (iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n- (b) the AER’s decision, in writing, setting out the reasons why the AER— (i) wishes to make the disclosure; and (ii) is of the opinion required by subsection (1) .\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that the AER is of the opinion required by subsection (1) ; and\n- (iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (a) a notice (an initial disclosure notice ) stating— (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and (ii) that the AER is of the opinion required by subsection (1) ; and (iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n- (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that the AER is of the opinion required by subsection (1) ; and\n- (iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n- (b) the AER’s decision, in writing, setting out the reasons why the AER— (i) wishes to make the disclosure; and (ii) is of the opinion required by subsection (1) .\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that the AER is of the opinion required by subsection (1) ; and\n- (iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (a) a notice (a further disclosure notice ) stating— (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and (ii) that the AER is of the opinion required by subsection (1) ; and\n- (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that the AER is of the opinion required by subsection (1) ; and\n- (b) the AER’s decision, in writing, setting out the reasons why the AER— (i) wishes to make the disclosure; and (ii) is of the opinion required by subsection (1) .\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (i) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and\n- (ii) that the AER is of the opinion required by subsection (1) ; and\n- (i) wishes to make the disclosure; and\n- (ii) is of the opinion required by subsection (1) .\n- (a) the AER’s decision under subsection (1) to disclose information given in confidence to the AER; and\n- (b) without limiting paragraph (a) , if the AER’s decision under subsection (1) is to disclose the confidential information, the AER’s opinion— (i) that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or (ii) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n- (i) that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or\n- (ii) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n- (i) that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or\n- (ii) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.\n- (a) an initial disclosure notice has been given under this section; or\n- (b) a further disclosure notice has been given under this section,","sortOrder":337},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Miscellaneous matters","content":"## Miscellaneous matters","sortOrder":338},{"sectionNumber":"sec.215","sectionType":"section","heading":"Consideration by the AER of submissions or comments made to it under this Law or the Rules","content":"### sec.215 Consideration by the AER of submissions or comments made to it under this Law or the Rules\n\nIf, under this Law or the Rules, the AER publishes a notice inviting submissions in relation to the making of a decision by the AER, the AER, in making the decision—\nmust consider every submission it receives within the period specified in the notice; and\nmay, but need not, consider a submission it receives after the period specified in the notice expires.\n- (a) must consider every submission it receives within the period specified in the notice; and\n- (b) may, but need not, consider a submission it receives after the period specified in the notice expires.","sortOrder":339},{"sectionNumber":"sec.216","sectionType":"section","heading":"Use of information provided under a notice under Division 2","content":"### sec.216 Use of information provided under a notice under Division 2\n\nThe AER may use information provided to it by a person in compliance with a notice under section 206 for any purpose connected with the performance or exercise of a function or power of the AER under—\nthis Law or the Rules; or\nthe NEL or NER; or\nthe NGL or NGR.\n- (a) this Law or the Rules; or\n- (b) the NEL or NER; or\n- (c) the NGL or NGR.","sortOrder":340},{"sectionNumber":"sec.217","sectionType":"section","heading":"AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices","content":"### sec.217 AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices\n\nIf the AER is given information by any person in relation to a breach or a possible breach of this Law, the National Regulations or the Rules by a person but—\ndecides not to investigate that breach or possible breach; or\nfollowing an investigation, decides not to—\ninstitute any proceedings in respect of that breach or possible breach under Part 13 ; or\nserve an infringement notice referred to in section 308 in respect of that breach or possible breach,\nthe AER must notify that person of that decision in writing.\nThis section does not apply:\nif the person gave the information to the AER anonymously; or\nto the extent the AER resolved the matter to which the information relates by referring the person to the energy ombudsman.\n(sec.217-ssec.1) If the AER is given information by any person in relation to a breach or a possible breach of this Law, the National Regulations or the Rules by a person but— decides not to investigate that breach or possible breach; or following an investigation, decides not to— institute any proceedings in respect of that breach or possible breach under Part 13 ; or serve an infringement notice referred to in section 308 in respect of that breach or possible breach, the AER must notify that person of that decision in writing.\n(sec.217-ssec.2) This section does not apply: if the person gave the information to the AER anonymously; or to the extent the AER resolved the matter to which the information relates by referring the person to the energy ombudsman.\n- (a) decides not to investigate that breach or possible breach; or\n- (b) following an investigation, decides not to— (i) institute any proceedings in respect of that breach or possible breach under Part 13 ; or (ii) serve an infringement notice referred to in section 308 in respect of that breach or possible breach, the AER must notify that person of that decision in writing.\n- (i) institute any proceedings in respect of that breach or possible breach under Part 13 ; or\n- (ii) serve an infringement notice referred to in section 308 in respect of that breach or possible breach,\n- (i) institute any proceedings in respect of that breach or possible breach under Part 13 ; or\n- (ii) serve an infringement notice referred to in section 308 in respect of that breach or possible breach,\n- (a) if the person gave the information to the AER anonymously; or\n- (b) to the extent the AER resolved the matter to which the information relates by referring the person to the energy ombudsman.","sortOrder":341},{"sectionNumber":"sec.218","sectionType":"section","heading":"AER Guidelines","content":"### sec.218 AER Guidelines\n\nThe AER must prepare guidelines about the exercise of its powers under section 206 , including about—\nthe rights and obligations of persons who are served with a relevant notice under that section; and\nthe penalties applying under that section for non-compliance with a notice; and\nthe purposes for which information obtained under that section may be used.\nThe AER may prepare guidelines about the matters it will have regard to before—\nmaking an application under section 291 ; or\nserving an infringement notice under section 308 .\nThe AER must publish guidelines prepared under subsection (a1) or (1) on its website.\ns 218 amd 2020 No. 37 (SA) s 40\n(sec.218-ssec.a1) The AER must prepare guidelines about the exercise of its powers under section 206 , including about— the rights and obligations of persons who are served with a relevant notice under that section; and the penalties applying under that section for non-compliance with a notice; and the purposes for which information obtained under that section may be used.\n(sec.218-ssec.1) The AER may prepare guidelines about the matters it will have regard to before— making an application under section 291 ; or serving an infringement notice under section 308 .\n(sec.218-ssec.2) The AER must publish guidelines prepared under subsection (a1) or (1) on its website.\n- (a) the rights and obligations of persons who are served with a relevant notice under that section; and\n- (b) the penalties applying under that section for non-compliance with a notice; and\n- (c) the purposes for which information obtained under that section may be used.\n- (a) making an application under section 291 ; or\n- (b) serving an infringement notice under section 308 .","sortOrder":342},{"sectionNumber":"sec.219","sectionType":"section","heading":"Single documentation","content":"### sec.219 Single documentation\n\nThis section applies if the AER is authorised to prepare a document under this Law or the Rules for a purpose and is also authorised to prepare a document or documents under either or both—\nthe NEL or NER; or\nthe NGL or NGR,\nfor the same or a similar, related or corresponding purpose.\nThe AER may satisfy the requirements of this Law and the Rules regarding the document under this Law and the Rules by preparing and making (and where relevant publishing) a single document.\n(sec.219-ssec.1) This section applies if the AER is authorised to prepare a document under this Law or the Rules for a purpose and is also authorised to prepare a document or documents under either or both— the NEL or NER; or the NGL or NGR, for the same or a similar, related or corresponding purpose.\n(sec.219-ssec.2) The AER may satisfy the requirements of this Law and the Rules regarding the document under this Law and the Rules by preparing and making (and where relevant publishing) a single document.\n- (a) the NEL or NER; or\n- (b) the NGL or NGR,","sortOrder":343},{"sectionNumber":"sec.220","sectionType":"section","heading":"Use of information","content":"### sec.220 Use of information\n\nThe AER may use the information obtained under this Law or the Rules for a purpose connected with the performance or exercise of a function or power of the AER under the NEL, NER, NGL or NGR.\nThe AER may use the information obtained under the NEL, NER, NGL or NGR for a purpose connected with the performance or exercise of a function or power of the AER under this Law or the Rules.\nThis section does not limit any other provision of this Law that provides for the use of information obtained under this Law or the Rules.\nThis section does not apply to information obtained under a RoLR regulatory information notice under Part 6 .\n(sec.220-ssec.1) The AER may use the information obtained under this Law or the Rules for a purpose connected with the performance or exercise of a function or power of the AER under the NEL, NER, NGL or NGR.\n(sec.220-ssec.2) The AER may use the information obtained under the NEL, NER, NGL or NGR for a purpose connected with the performance or exercise of a function or power of the AER under this Law or the Rules.\n(sec.220-ssec.3) This section does not limit any other provision of this Law that provides for the use of information obtained under this Law or the Rules.\n(sec.220-ssec.4) This section does not apply to information obtained under a RoLR regulatory information notice under Part 6 .","sortOrder":344},{"sectionNumber":"pt.9","sectionType":"part","heading":"Functions and powers of the Australian Energy Market Commission","content":"# Functions and powers of the Australian Energy Market Commission","sortOrder":345},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":346},{"sectionNumber":"sec.221","sectionType":"section","heading":"Functions and powers of the AEMC","content":"### sec.221 Functions and powers of the AEMC\n\nThe AEMC has the following functions and powers:\nthe Rule making functions and powers conferred on it under this Law and the National Regulations; and\nthe market development functions conferred on it under this Law and the Rules; and\nany other functions and powers conferred on it under this Law and the Rules.\nThe AEMC has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n(sec.221-ssec.1) The AEMC has the following functions and powers: the Rule making functions and powers conferred on it under this Law and the National Regulations; and the market development functions conferred on it under this Law and the Rules; and any other functions and powers conferred on it under this Law and the Rules.\n(sec.221-ssec.2) The AEMC has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n- (a) the Rule making functions and powers conferred on it under this Law and the National Regulations; and\n- (b) the market development functions conferred on it under this Law and the Rules; and\n- (c) any other functions and powers conferred on it under this Law and the Rules.","sortOrder":347},{"sectionNumber":"sec.222","sectionType":"section","heading":"Delegations","content":"### sec.222 Delegations\n\nAny delegation by the AEMC under section 20 of the Australian Energy Market Commission Establishment Act 2004 of South Australia extends to, and has effect for the purposes of, this Law, the National Regulations and the Rules.","sortOrder":348},{"sectionNumber":"sec.223","sectionType":"section","heading":"Confidentiality","content":"### sec.223 Confidentiality\n\nSection 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia has effect for the purposes of this Law, the National Regulations and the Rules as if it formed part of this Law.\nSee also sections 234 and 268 of this Law.","sortOrder":349},{"sectionNumber":"sec.224","sectionType":"section","heading":"AEMC must have regard to national energy retail objective","content":"### sec.224 AEMC must have regard to national energy retail objective\n\nIn performing or exercising any function or power under this Law, the National Regulations or the Rules, the AEMC must have regard to the national energy retail objective.","sortOrder":350},{"sectionNumber":"sec.224A","sectionType":"section","heading":"Targets statement for greenhouse gas emissions targets","content":"### sec.224A Targets statement for greenhouse gas emissions targets\n\nThe AEMC must prepare and maintain a document (the targets statement ) stating the targets set by a participating jurisdiction mentioned in section 13 (b) .\nIf the MCE or a Minister of a participating jurisdiction gives a written direction to the AEMC to include a target in, or remove a target from, the targets statement, the AEMC must comply with the direction.\nA Minister may give a written direction under subsection (2) only in relation to a target set by the Minister’s participating jurisdiction.\nThe AEMC must publish on its website—\nthe targets statement; and\neach direction given under subsection (2) .\nIn having regard to the national energy retail objective under this Law, the National Regulations or the Rules with respect to the matters mentioned in section 13 (b) , a person or body must consider, as a minimum, the targets stated in the targets statement.\ns 224A ins 2023 No. 26 (SA) s 11\n(sec.224A-ssec.1) The AEMC must prepare and maintain a document (the targets statement ) stating the targets set by a participating jurisdiction mentioned in section 13 (b) .\n(sec.224A-ssec.2) If the MCE or a Minister of a participating jurisdiction gives a written direction to the AEMC to include a target in, or remove a target from, the targets statement, the AEMC must comply with the direction.\n(sec.224A-ssec.3) A Minister may give a written direction under subsection (2) only in relation to a target set by the Minister’s participating jurisdiction.\n(sec.224A-ssec.4) The AEMC must publish on its website— the targets statement; and each direction given under subsection (2) .\n(sec.224A-ssec.5) In having regard to the national energy retail objective under this Law, the National Regulations or the Rules with respect to the matters mentioned in section 13 (b) , a person or body must consider, as a minimum, the targets stated in the targets statement.\n- (a) the targets statement; and\n- (b) each direction given under subsection (2) .","sortOrder":351},{"sectionNumber":"sec.225","sectionType":"section","heading":"AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews","content":"### sec.225 AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews\n\nThe AEMC must have regard to any relevant MCE statement of policy principles—\nin making a Rule; or\nin conducting a review under section 232 .\n- (a) in making a Rule; or\n- (b) in conducting a review under section 232 .","sortOrder":352},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Rule making functions and powers of the AEMC","content":"## Rule making functions and powers of the AEMC","sortOrder":353},{"sectionNumber":"sec.226","sectionType":"section","heading":"Rule making powers","content":"### sec.226 Rule making powers\n\nThe rule making functions and powers of the AEMC are set out in Part 10 .","sortOrder":354},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Committees, panels and working groups of the AEMC","content":"## Committees, panels and working groups of the AEMC","sortOrder":355},{"sectionNumber":"sec.227","sectionType":"section","heading":"Establishment of committees and panels and working groups","content":"### sec.227 Establishment of committees and panels and working groups\n\nThe AEMC may establish committees, panels and working groups to—\nprovide advice on specified aspects of the AEMC’s functions; or\nundertake any other activity in relation to the AEMC’s functions as is specified by the AEMC.\n- (a) provide advice on specified aspects of the AEMC’s functions; or\n- (b) undertake any other activity in relation to the AEMC’s functions as is specified by the AEMC.","sortOrder":356},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"MCE directed reviews","content":"## MCE directed reviews","sortOrder":357},{"sectionNumber":"sec.228","sectionType":"section","heading":"MCE directions","content":"### sec.228 MCE directions\n\nThe MCE may give a written direction to the AEMC that the AEMC conduct a review into—\nany matter relating to the sale and supply of energy to customers; or\nthe operation and effectiveness of the Rules; or\nany matter relating to the National Regulations or the Rules; or\nthe effectiveness of competition in a market for energy for the purpose of giving advice about whether to retain, remove or reintroduce price controls on prices for customer retail services.\nA direction given to the AEMC under this section is binding on the AEMC and must be complied with despite anything to the contrary in the Rules.\nA direction given under this section must be published in the South Australian Government Gazette.\nThe AEMC must cause a direction given under this section to be published on its website.\n(sec.228-ssec.1) The MCE may give a written direction to the AEMC that the AEMC conduct a review into— any matter relating to the sale and supply of energy to customers; or the operation and effectiveness of the Rules; or any matter relating to the National Regulations or the Rules; or the effectiveness of competition in a market for energy for the purpose of giving advice about whether to retain, remove or reintroduce price controls on prices for customer retail services.\n(sec.228-ssec.2) A direction given to the AEMC under this section is binding on the AEMC and must be complied with despite anything to the contrary in the Rules.\n(sec.228-ssec.3) A direction given under this section must be published in the South Australian Government Gazette.\n(sec.228-ssec.4) The AEMC must cause a direction given under this section to be published on its website.\n- (a) any matter relating to the sale and supply of energy to customers; or\n- (b) the operation and effectiveness of the Rules; or\n- (c) any matter relating to the National Regulations or the Rules; or\n- (d) the effectiveness of competition in a market for energy for the purpose of giving advice about whether to retain, remove or reintroduce price controls on prices for customer retail services.","sortOrder":358},{"sectionNumber":"sec.229","sectionType":"section","heading":"Terms of reference","content":"### sec.229 Terms of reference\n\nThe terms of reference of a MCE directed review will be as specified in the direction given by the MCE.\nThe terms of reference may require a MCE directed review to be conducted—\nabout a specific matter within a specified time; or\nwhenever a specified event occurs; or\non an annual basis.\nWithout limiting subsection (1) , the MCE may in its direction to the AEMC do one or more of the following:\nrequire the AEMC to give a report on a MCE directed review to the MCE within a specified period;\nrequire the AEMC to make the report on a MCE directed review publicly available or available to specified persons or bodies;\nrequire the AEMC to make a draft report publicly available or available to specified persons or bodies during a MCE directed review;\nrequire the AEMC to consider specified matters in the conduct of a MCE directed review;\nrequire the AEMC to have specified objectives in the conduct of a MCE directed review which need not be limited by the national energy retail objective;\ngive the AEMC other specific directions in respect of the conduct of a MCE directed review.\n(sec.229-ssec.1) The terms of reference of a MCE directed review will be as specified in the direction given by the MCE. The terms of reference may require a MCE directed review to be conducted— about a specific matter within a specified time; or whenever a specified event occurs; or on an annual basis.\n(sec.229-ssec.2) Without limiting subsection (1) , the MCE may in its direction to the AEMC do one or more of the following: require the AEMC to give a report on a MCE directed review to the MCE within a specified period; require the AEMC to make the report on a MCE directed review publicly available or available to specified persons or bodies; require the AEMC to make a draft report publicly available or available to specified persons or bodies during a MCE directed review; require the AEMC to consider specified matters in the conduct of a MCE directed review; require the AEMC to have specified objectives in the conduct of a MCE directed review which need not be limited by the national energy retail objective; give the AEMC other specific directions in respect of the conduct of a MCE directed review.\n- (a) about a specific matter within a specified time; or\n- (b) whenever a specified event occurs; or\n- (c) on an annual basis.\n- (a) require the AEMC to give a report on a MCE directed review to the MCE within a specified period;\n- (b) require the AEMC to make the report on a MCE directed review publicly available or available to specified persons or bodies;\n- (c) require the AEMC to make a draft report publicly available or available to specified persons or bodies during a MCE directed review;\n- (d) require the AEMC to consider specified matters in the conduct of a MCE directed review;\n- (e) require the AEMC to have specified objectives in the conduct of a MCE directed review which need not be limited by the national energy retail objective;\n- (f) give the AEMC other specific directions in respect of the conduct of a MCE directed review.","sortOrder":359},{"sectionNumber":"sec.230","sectionType":"section","heading":"Notice of MCE directed review","content":"### sec.230 Notice of MCE directed review\n\nThe AEMC must publish notice of a MCE directed review on its website.\nThe AEMC must publish a further such notice if a term of reference or a requirement or direction relating to the MCE directed review is varied.\ns 230 amd 2021 No. 3 (SA) s 29\n(sec.230-ssec.1) The AEMC must publish notice of a MCE directed review on its website.\n(sec.230-ssec.2) The AEMC must publish a further such notice if a term of reference or a requirement or direction relating to the MCE directed review is varied.","sortOrder":360},{"sectionNumber":"sec.231","sectionType":"section","heading":"Conduct of MCE directed review","content":"### sec.231 Conduct of MCE directed review\n\nSubject to any requirement or direction of the MCE, a MCE directed review—\nmay be conducted in such manner as the AEMC considers appropriate; and\nmay (but need not) involve public hearings.\n- (a) may be conducted in such manner as the AEMC considers appropriate; and\n- (b) may (but need not) involve public hearings.","sortOrder":361},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Other reviews","content":"## Other reviews","sortOrder":362},{"sectionNumber":"sec.232","sectionType":"section","heading":"Reviews by AEMC","content":"### sec.232 Reviews by AEMC\n\nThe AEMC may conduct a review into—\nthe operation and effectiveness of the Rules; or\nany matter relating to the Rules.\nA review—\nmay be conducted in such manner as the AEMC considers appropriate; and\nmay (but need not) involve public hearings.\nDuring the course of a review, the AEMC may—\nconsult with any person or body that it considers appropriate;\nestablish working groups to assist it in relation to any aspect, or any matter or thing that is the subject, of the review;\ncommission reports by other persons on its behalf on any aspect, or matter or thing that is the subject, of the review;\npublish discussion papers or draft reports.\nAt the completion of a review, the AEMC must—\ngive a copy of the report to the MCE; and\npublish a report or a version of a report from which confidential information has been omitted in accordance with section 234 .\n(sec.232-ssec.1) The AEMC may conduct a review into— the operation and effectiveness of the Rules; or any matter relating to the Rules.\n(sec.232-ssec.2) A review— may be conducted in such manner as the AEMC considers appropriate; and may (but need not) involve public hearings.\n(sec.232-ssec.3) During the course of a review, the AEMC may— consult with any person or body that it considers appropriate; establish working groups to assist it in relation to any aspect, or any matter or thing that is the subject, of the review; commission reports by other persons on its behalf on any aspect, or matter or thing that is the subject, of the review; publish discussion papers or draft reports.\n(sec.232-ssec.4) At the completion of a review, the AEMC must— give a copy of the report to the MCE; and publish a report or a version of a report from which confidential information has been omitted in accordance with section 234 .\n- (a) the operation and effectiveness of the Rules; or\n- (b) any matter relating to the Rules.\n- (a) may be conducted in such manner as the AEMC considers appropriate; and\n- (b) may (but need not) involve public hearings.\n- (a) consult with any person or body that it considers appropriate;\n- (b) establish working groups to assist it in relation to any aspect, or any matter or thing that is the subject, of the review;\n- (c) commission reports by other persons on its behalf on any aspect, or matter or thing that is the subject, of the review;\n- (d) publish discussion papers or draft reports.\n- (a) give a copy of the report to the MCE; and\n- (b) publish a report or a version of a report from which confidential information has been omitted in accordance with section 234 .","sortOrder":363},{"sectionNumber":"pt.9-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":364},{"sectionNumber":"sec.233","sectionType":"section","heading":"Fees","content":"### sec.233 Fees\n\nThe AEMC may charge a fee specified, or a fee calculated in accordance with a formula or methodology specified, in the National Regulations for services provided by it in performing or exercising any of its functions or powers under this Law, the National Regulations or the Rules.","sortOrder":365},{"sectionNumber":"sec.234","sectionType":"section","heading":"Confidentiality of information","content":"### sec.234 Confidentiality of information\n\nInformation provided to the AEMC for the purposes of a MCE directed review or a review conducted by the AEMC under section 232 is confidential information for the purposes of Division 4 or 5 if—\nthe person who provides it claims, when providing it to the AEMC, that it is confidential information; and\nthe AEMC decides that the information is confidential information.\nNothing prevents the disclosure of confidential information in a report to the MCE or a Minister of a participating jurisdiction under Division 4 or 5 , but the AEMC must ensure that the information is identified as such in the report.\nIf the AEMC decides that information provided to it for the purposes of a MCE directed review, or a review conducted by the AEMC under section 232 , is confidential information, the AEMC, the MCE or a Minister of a participating jurisdiction may only make public a version of the report from which the information has been omitted.\nIf information is omitted from a published version of a report as being confidential information, a note to that effect must be included in the report at the place in the report from which the information is omitted.\nSee section 223 and 268 of this Law and section 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\n(sec.234-ssec.1) Information provided to the AEMC for the purposes of a MCE directed review or a review conducted by the AEMC under section 232 is confidential information for the purposes of Division 4 or 5 if— the person who provides it claims, when providing it to the AEMC, that it is confidential information; and the AEMC decides that the information is confidential information.\n(sec.234-ssec.2) Nothing prevents the disclosure of confidential information in a report to the MCE or a Minister of a participating jurisdiction under Division 4 or 5 , but the AEMC must ensure that the information is identified as such in the report.\n(sec.234-ssec.3) If the AEMC decides that information provided to it for the purposes of a MCE directed review, or a review conducted by the AEMC under section 232 , is confidential information, the AEMC, the MCE or a Minister of a participating jurisdiction may only make public a version of the report from which the information has been omitted.\n(sec.234-ssec.4) If information is omitted from a published version of a report as being confidential information, a note to that effect must be included in the report at the place in the report from which the information is omitted.\n- (a) the person who provides it claims, when providing it to the AEMC, that it is confidential information; and\n- (b) the AEMC decides that the information is confidential information.","sortOrder":366},{"sectionNumber":"pt.10","sectionType":"part","heading":"National Energy Retail Rules","content":"# National Energy Retail Rules","sortOrder":367},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":368},{"sectionNumber":"sec.235","sectionType":"section","heading":"Definitions","content":"### sec.235 Definitions\n\nIn this Part—\nAEMC initiated Rule means a Rule of the kind referred to in section 243 (2) ;\nAEMC Rule review means a review conducted by the AEMC under Division 5 of Part 9 ;\ndraft Rule determination means a determination of the AEMC under section 256 ;\nenergy regulatory body means—\nthe AER; or\nAEMO;\nmarket initiated proposed Rule means a request for a Rule, including a trial Rule, made under section 243 (1) in respect of which the AEMC publishes a notice under section 251 ;\ns 235 def market initiated proposed Rule amd 2022 No. 22 (SA) s 22 (1)\nmore preferable Rule has the meaning given by section 244 ;\nnon-controversial Rule means a Rule that is unlikely to have a significant effect on a market for energy or the regulation of customer connection services;\nproposed Rule means—\na market initiated proposed Rule; or\na proposal for an AEMC initiated Rule; or\na proposed more preferable Rule;\npublish means—\nin relation to a notice required to be published under this Part (except section 238 or 261 )—publish in the South Australian Government Gazette and on the AEMC’s website; or\nin relation to a proposed Rule referred to in section 251 and any other documents prescribed by the National Regulations in relation to a proposed Rule referred to in section 251 —publish on the AEMC’s website and make available at the offices of the AEMC; or\nin relation to a draft Rule determination or final Rule determination—publish on the AEMC’s website and make available at the offices of the AEMC; or\nin relation to a notice setting out requirements imposed under section 262B —publish on the AEMC’s website; or\nin relation to any submissions or comments received by the AEMC under this Part—subject to section 268 , publish on the AEMC’s website and make available at the offices of the AEMC; or\nin relation to a report prepared under section 269 —publish on the AEMC’s website and make available at the offices of the AEMC;\ns 235 def publish amd 2021 No. 3 (SA) s 30 ; 2022 No. 22 (SA) s 22 (2)\ntrial Rule means a Rule for the purposes of a trial project;\ns 235 def trial Rule ins 2022 No. 22 (SA) s 22 (3)\nurgent Rule means a Rule relating to any matter or thing that, if not made as a matter of urgency, will result in that matter or thing prejudicing or threatening—\nthe provision of energy services to customers, including customer retail services and customer connection services; or\nthe sale and supply of energy to customers.\n- (a) the AER; or\n- (b) AEMO;\n- (a) a market initiated proposed Rule; or\n- (b) a proposal for an AEMC initiated Rule; or\n- (c) a proposed more preferable Rule;\n- (a) in relation to a notice required to be published under this Part (except section 238 or 261 )—publish in the South Australian Government Gazette and on the AEMC’s website; or\n- (b) in relation to a proposed Rule referred to in section 251 and any other documents prescribed by the National Regulations in relation to a proposed Rule referred to in section 251 —publish on the AEMC’s website and make available at the offices of the AEMC; or\n- (c) in relation to a draft Rule determination or final Rule determination—publish on the AEMC’s website and make available at the offices of the AEMC; or\n- (ca) in relation to a notice setting out requirements imposed under section 262B —publish on the AEMC’s website; or\n- (d) in relation to any submissions or comments received by the AEMC under this Part—subject to section 268 , publish on the AEMC’s website and make available at the offices of the AEMC; or\n- (e) in relation to a report prepared under section 269 —publish on the AEMC’s website and make available at the offices of the AEMC;\n- (a) the provision of energy services to customers, including customer retail services and customer connection services; or\n- (b) the sale and supply of energy to customers.","sortOrder":369},{"sectionNumber":"sec.236","sectionType":"section","heading":"Application of national energy retail objective","content":"### sec.236 Application of national energy retail objective\n\nThe AEMC may only make a Rule if it is satisfied that the Rule will or is likely to contribute to the achievement of the national energy retail objective.\nFor the purposes of subsection (1) —\nthe AEMC may give such weight to any aspect of the national energy retail objective as it considers appropriate in all the circumstances; and\nwhere relevant, the AEMC must satisfy itself that the Rule is compatible with the development and application of consumer protections for small customers, including (but not limited to) protections relating to hardship customers; and\nthe AEMC must have regard to any relevant MCE statement of policy principles.\n(sec.236-ssec.1) The AEMC may only make a Rule if it is satisfied that the Rule will or is likely to contribute to the achievement of the national energy retail objective.\n(sec.236-ssec.2) For the purposes of subsection (1) — the AEMC may give such weight to any aspect of the national energy retail objective as it considers appropriate in all the circumstances; and where relevant, the AEMC must satisfy itself that the Rule is compatible with the development and application of consumer protections for small customers, including (but not limited to) protections relating to hardship customers; and the AEMC must have regard to any relevant MCE statement of policy principles.\n- (a) the AEMC may give such weight to any aspect of the national energy retail objective as it considers appropriate in all the circumstances; and\n- (b) where relevant, the AEMC must satisfy itself that the Rule is compatible with the development and application of consumer protections for small customers, including (but not limited to) protections relating to hardship customers; and\n- (c) the AEMC must have regard to any relevant MCE statement of policy principles.","sortOrder":370},{"sectionNumber":"sec.236A","sectionType":"section","heading":"AEMC must take into account innovative trial principles in certain cases","content":"### sec.236A AEMC must take into account innovative trial principles in certain cases\n\nIn addition to complying with section 236 , the AEMC must take into account the innovative trial principles in making a trial Rule.\ns 236A ins 2022 No. 22 (SA) s 23","sortOrder":371},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"National Energy Retail Rules generally","content":"## National Energy Retail Rules generally","sortOrder":372},{"sectionNumber":"sec.237","sectionType":"section","heading":"Subject matters of Rules","content":"### sec.237 Subject matters of Rules\n\nRules, to be known, collectively, as the “National Energy Retail Rules”, may be made for or with respect to—\nregulating—\nthe provision of energy services to customers, including customer retail services and customer connection services; and\nthe activities of persons involved in the sale and supply of energy to customers; and\nany matter or thing contemplated by this Law or necessary or expedient for the purposes of this Law; and\nany matter or thing related to, or necessary or expedient for, the purposes of a trial Rule, trial project or trial waiver.\nThe procedure for making initial Rules by the South Australian Minister is set out in Division 3 , and the procedure for making subsequent Rules by the AEMC is set out in Division 4 .\nWithout limiting subsection (1) , the Rules may make provision for or with respect to the following matters:\nthe rights and obligations between distributors and retailers who have shared customers, including (without limitation) matters relating to the following:\nthe sharing and exchange of information between distributors and retailers, including information provided for the purpose of informing shared customers in relation to faults and emergencies, planned or unplanned interruptions and applicable tariffs;\nthe management of customer enquiries, complaints and claims;\nthe management of the de‐energisation of premises of shared customers and the re‐energisation of those premises;\ndisputes under or in relation to the Rules between persons, including—\nthe appointment of a person, in accordance with the Rules, to manage and facilitate the resolution of such disputes without however derogating from that person’s power to act personally as an arbitrator or mediator in a particular dispute; and\nthe appointment, by a person referred to in subparagraph (i) , of persons (including mediators and arbitrators) to resolve such disputes; and\nthe procedure for the conduct of such disputes; and\nthe provision for appeals on questions of law against decisions of persons appointed to resolve such disputes; and\nthe conferral of functions or powers on persons authorised to deal with disputes under the NEL, NER, NGL or NGR or jurisdictional energy legislation;\nthe payment of money (including the payment of interest) for any service provided under the Rules in respect of which the Rules require payment;\nconfidential information held by persons or bodies conferred a function, or exercising a power or right, or on whom an obligation is imposed, under the Rules, and the manner and circumstances in which that information may be disclosed;\na consultation procedure for matters arising under this Law, the National Regulations or the Rules;\nreviews by or on behalf of—\nthe AER or the AEMC; or\nany other person appointed in accordance with the Rules;\nthe liability of retailers, distributors and customers for acts and omissions and the provision of immunity in respect of any such liability;\nthe energisation, de‐energisation or re‐energisation of premises of customers;\nthe sale of electricity to customers whose premises are connected to a regulated stand-alone power system (within the meaning of the NEL);\nthe transition from the sale or supply of natural gas to the sale or supply of a natural gas equivalent or a prescribed covered gas, including, without limitation, matters relating to the following:\nthe process to be followed, or the transition scheme to be applied, in making the change;\nthe powers and functions of the AER in relation to the transition;\nthe technical capabilities that must be demonstrated by a retailer or distributor in relation to the sale of a natural gas equivalent before making the change;\nbenchmarks for energy consumption for residential customers; and\nthe use of interval meters and smart meters and other related technologies, including devices designed to enable direct load control, including (without limitation) matters relating to the following:\nthe ability of a distributor to undertake supply capacity control (SCC), including—\nthe inclusion of SCC as part of a connection contract; and\nmarketing rules associated with SCC; and\nthe management and restoration of power as a result of an emergency;\nthe ability of a retailer to undertake SCC;\ncharging and billing rules, and bill content, including—\nthe way in which tariff structures should be expressed; and\nthe regulation of estimates for the purposes of billing, including information to be provided to customers; and\nthe regulation of critical peak pricing and critical peak rebates; and\nthe provision of information to customers about metering and consumption data on the bill;\nthe provision of marketing information to customers through the in‐house display facility of a smart meter and other related technologies (including by providing that a customer’s consent is required before such information may be sent and by imposing restrictions or prohibitions with respect to certain practices);\nthe provision of information about matters associated with the use of smart meters and other related technologies, including the remote de‐energisation of premises and control of appliances;\ninformation to be included in a retail market performance report;\nany other matter or thing relating to the retail sale and supply of energy or associated matters prescribed by the National Regulations.\nWithout limiting subsection (1) , the Rules may—\nbe of general or limited application; and\nvary according to the persons, times, places or circumstances to which they are expressed to apply; and\nconfer functions or powers on, or leave any matter or thing to be decided or determined by—\nthe AER, the AEMC, AEMO or a jurisdictional regulator; or\na panel or committee established by the AEMC; or\nany other body established, or person appointed, in accordance with the Rules; and\nconfer functions on, or leave any matter or thing to be decided or determined by, an energy ombudsman; and\nconfer rights or impose obligations on any person or a class of person, including retailers, distributors and customers, but not including the AER, the AEMC, AEMO or a jurisdictional regulator; and\nconfer a function on the AER, the AEMC, AEMO or a jurisdictional regulator to make, prepare, develop or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules, including guidelines, tests, standards, procedures or any other document (however described) that leave any matter or thing to be determined by the AER, the AEMC, AEMO or a jurisdictional regulator; and\nempower or require any person (other than a person referred to in paragraph (f) ) or body to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules; and\napply, adopt or incorporate wholly or partially, or as amended by the Rules, the provisions of any standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body whether—\nas formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or\nas amended from time to time; and\nconfer a power of direction on the AER, the AEMC, AEMO or a jurisdictional regulator to require a person conferred a right or on whom an obligation is imposed under the Rules to comply with—\na guideline, test, standard, procedure or other document (however described) referred to in paragraph (f) or (g) ; or\na standard, rule, specification, method or document (however described) referred to in paragraph (h) ; and\nif this section authorises or requires Rules that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter or thing; and\nprovide for the review of, or a right of appeal against, a decision or determination made under the Rules and for that purpose, confer jurisdiction on a court; and\nrequire a form prescribed by or under the Rules, or information or documents included in, attached to or given with the form, to be verified by statutory declaration; and\nconfer an immunity on, or limit the liability of, any person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules; and\nrequire a person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules to indemnify another such person or body; and\ncontain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule.\nWithout limitation, a Rule that amends the model terms and conditions for standard retail contracts or standard connection contracts set out in the Rules must specify a date by which regulated entities must vary their forms of standard retail contract or their forms of standard connection contract (as the case requires).\ns 237 amd 2013 No. 69 (SA) s 8 ; 2021 No. 9 (SA) s 10; 2022 No. 22 (SA) s 24 ; 2023 No. 36 (SA) s 83\n(sec.237-ssec.1) Rules, to be known, collectively, as the “National Energy Retail Rules”, may be made for or with respect to— regulating— the provision of energy services to customers, including customer retail services and customer connection services; and the activities of persons involved in the sale and supply of energy to customers; and any matter or thing contemplated by this Law or necessary or expedient for the purposes of this Law; and any matter or thing related to, or necessary or expedient for, the purposes of a trial Rule, trial project or trial waiver. The procedure for making initial Rules by the South Australian Minister is set out in Division 3 , and the procedure for making subsequent Rules by the AEMC is set out in Division 4 .\n(sec.237-ssec.2) Without limiting subsection (1) , the Rules may make provision for or with respect to the following matters: the rights and obligations between distributors and retailers who have shared customers, including (without limitation) matters relating to the following: the sharing and exchange of information between distributors and retailers, including information provided for the purpose of informing shared customers in relation to faults and emergencies, planned or unplanned interruptions and applicable tariffs; the management of customer enquiries, complaints and claims; the management of the de‐energisation of premises of shared customers and the re‐energisation of those premises; disputes under or in relation to the Rules between persons, including— the appointment of a person, in accordance with the Rules, to manage and facilitate the resolution of such disputes without however derogating from that person’s power to act personally as an arbitrator or mediator in a particular dispute; and the appointment, by a person referred to in subparagraph (i) , of persons (including mediators and arbitrators) to resolve such disputes; and the procedure for the conduct of such disputes; and the provision for appeals on questions of law against decisions of persons appointed to resolve such disputes; and the conferral of functions or powers on persons authorised to deal with disputes under the NEL, NER, NGL or NGR or jurisdictional energy legislation; the payment of money (including the payment of interest) for any service provided under the Rules in respect of which the Rules require payment; confidential information held by persons or bodies conferred a function, or exercising a power or right, or on whom an obligation is imposed, under the Rules, and the manner and circumstances in which that information may be disclosed; a consultation procedure for matters arising under this Law, the National Regulations or the Rules; reviews by or on behalf of— the AER or the AEMC; or any other person appointed in accordance with the Rules; the liability of retailers, distributors and customers for acts and omissions and the provision of immunity in respect of any such liability; the energisation, de‐energisation or re‐energisation of premises of customers; the sale of electricity to customers whose premises are connected to a regulated stand-alone power system (within the meaning of the NEL); the transition from the sale or supply of natural gas to the sale or supply of a natural gas equivalent or a prescribed covered gas, including, without limitation, matters relating to the following: the process to be followed, or the transition scheme to be applied, in making the change; the powers and functions of the AER in relation to the transition; the technical capabilities that must be demonstrated by a retailer or distributor in relation to the sale of a natural gas equivalent before making the change; benchmarks for energy consumption for residential customers; and the use of interval meters and smart meters and other related technologies, including devices designed to enable direct load control, including (without limitation) matters relating to the following: the ability of a distributor to undertake supply capacity control (SCC), including— the inclusion of SCC as part of a connection contract; and marketing rules associated with SCC; and the management and restoration of power as a result of an emergency; the ability of a retailer to undertake SCC; charging and billing rules, and bill content, including— the way in which tariff structures should be expressed; and the regulation of estimates for the purposes of billing, including information to be provided to customers; and the regulation of critical peak pricing and critical peak rebates; and the provision of information to customers about metering and consumption data on the bill; the provision of marketing information to customers through the in‐house display facility of a smart meter and other related technologies (including by providing that a customer’s consent is required before such information may be sent and by imposing restrictions or prohibitions with respect to certain practices); the provision of information about matters associated with the use of smart meters and other related technologies, including the remote de‐energisation of premises and control of appliances; information to be included in a retail market performance report; any other matter or thing relating to the retail sale and supply of energy or associated matters prescribed by the National Regulations.\n(sec.237-ssec.3) Without limiting subsection (1) , the Rules may— be of general or limited application; and vary according to the persons, times, places or circumstances to which they are expressed to apply; and confer functions or powers on, or leave any matter or thing to be decided or determined by— the AER, the AEMC, AEMO or a jurisdictional regulator; or a panel or committee established by the AEMC; or any other body established, or person appointed, in accordance with the Rules; and confer functions on, or leave any matter or thing to be decided or determined by, an energy ombudsman; and confer rights or impose obligations on any person or a class of person, including retailers, distributors and customers, but not including the AER, the AEMC, AEMO or a jurisdictional regulator; and confer a function on the AER, the AEMC, AEMO or a jurisdictional regulator to make, prepare, develop or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules, including guidelines, tests, standards, procedures or any other document (however described) that leave any matter or thing to be determined by the AER, the AEMC, AEMO or a jurisdictional regulator; and empower or require any person (other than a person referred to in paragraph (f) ) or body to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules; and apply, adopt or incorporate wholly or partially, or as amended by the Rules, the provisions of any standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body whether— as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or as amended from time to time; and confer a power of direction on the AER, the AEMC, AEMO or a jurisdictional regulator to require a person conferred a right or on whom an obligation is imposed under the Rules to comply with— a guideline, test, standard, procedure or other document (however described) referred to in paragraph (f) or (g) ; or a standard, rule, specification, method or document (however described) referred to in paragraph (h) ; and if this section authorises or requires Rules that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter or thing; and provide for the review of, or a right of appeal against, a decision or determination made under the Rules and for that purpose, confer jurisdiction on a court; and require a form prescribed by or under the Rules, or information or documents included in, attached to or given with the form, to be verified by statutory declaration; and confer an immunity on, or limit the liability of, any person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules; and require a person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules to indemnify another such person or body; and contain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule.\n(sec.237-ssec.4) Without limitation, a Rule that amends the model terms and conditions for standard retail contracts or standard connection contracts set out in the Rules must specify a date by which regulated entities must vary their forms of standard retail contract or their forms of standard connection contract (as the case requires). s 237 amd 2013 No. 69 (SA) s 8 ; 2021 No. 9 (SA) s 10; 2022 No. 22 (SA) s 24 ; 2023 No. 36 (SA) s 83\n- (a) regulating— (i) the provision of energy services to customers, including customer retail services and customer connection services; and (ii) the activities of persons involved in the sale and supply of energy to customers; and\n- (i) the provision of energy services to customers, including customer retail services and customer connection services; and\n- (ii) the activities of persons involved in the sale and supply of energy to customers; and\n- (b) any matter or thing contemplated by this Law or necessary or expedient for the purposes of this Law; and\n- (c) any matter or thing related to, or necessary or expedient for, the purposes of a trial Rule, trial project or trial waiver.\n- (i) the provision of energy services to customers, including customer retail services and customer connection services; and\n- (ii) the activities of persons involved in the sale and supply of energy to customers; and\n- (a) the rights and obligations between distributors and retailers who have shared customers, including (without limitation) matters relating to the following: (i) the sharing and exchange of information between distributors and retailers, including information provided for the purpose of informing shared customers in relation to faults and emergencies, planned or unplanned interruptions and applicable tariffs; (ii) the management of customer enquiries, complaints and claims; (iii) the management of the de‐energisation of premises of shared customers and the re‐energisation of those premises;\n- (i) the sharing and exchange of information between distributors and retailers, including information provided for the purpose of informing shared customers in relation to faults and emergencies, planned or unplanned interruptions and applicable tariffs;\n- (ii) the management of customer enquiries, complaints and claims;\n- (iii) the management of the de‐energisation of premises of shared customers and the re‐energisation of those premises;\n- (b) disputes under or in relation to the Rules between persons, including— (i) the appointment of a person, in accordance with the Rules, to manage and facilitate the resolution of such disputes without however derogating from that person’s power to act personally as an arbitrator or mediator in a particular dispute; and (ii) the appointment, by a person referred to in subparagraph (i) , of persons (including mediators and arbitrators) to resolve such disputes; and (iii) the procedure for the conduct of such disputes; and (iv) the provision for appeals on questions of law against decisions of persons appointed to resolve such disputes; and (v) the conferral of functions or powers on persons authorised to deal with disputes under the NEL, NER, NGL or NGR or jurisdictional energy legislation;\n- (i) the appointment of a person, in accordance with the Rules, to manage and facilitate the resolution of such disputes without however derogating from that person’s power to act personally as an arbitrator or mediator in a particular dispute; and\n- (ii) the appointment, by a person referred to in subparagraph (i) , of persons (including mediators and arbitrators) to resolve such disputes; and\n- (iii) the procedure for the conduct of such disputes; and\n- (iv) the provision for appeals on questions of law against decisions of persons appointed to resolve such disputes; and\n- (v) the conferral of functions or powers on persons authorised to deal with disputes under the NEL, NER, NGL or NGR or jurisdictional energy legislation;\n- (c) the payment of money (including the payment of interest) for any service provided under the Rules in respect of which the Rules require payment;\n- (d) confidential information held by persons or bodies conferred a function, or exercising a power or right, or on whom an obligation is imposed, under the Rules, and the manner and circumstances in which that information may be disclosed;\n- (e) a consultation procedure for matters arising under this Law, the National Regulations or the Rules;\n- (f) reviews by or on behalf of— (i) the AER or the AEMC; or (ii) any other person appointed in accordance with the Rules;\n- (i) the AER or the AEMC; or\n- (ii) any other person appointed in accordance with the Rules;\n- (g) the liability of retailers, distributors and customers for acts and omissions and the provision of immunity in respect of any such liability;\n- (h) the energisation, de‐energisation or re‐energisation of premises of customers;\n- (ha) the sale of electricity to customers whose premises are connected to a regulated stand-alone power system (within the meaning of the NEL);\n- (hb) the transition from the sale or supply of natural gas to the sale or supply of a natural gas equivalent or a prescribed covered gas, including, without limitation, matters relating to the following: (i) the process to be followed, or the transition scheme to be applied, in making the change; (ii) the powers and functions of the AER in relation to the transition; (iii) the technical capabilities that must be demonstrated by a retailer or distributor in relation to the sale of a natural gas equivalent before making the change;\n- (i) the process to be followed, or the transition scheme to be applied, in making the change;\n- (ii) the powers and functions of the AER in relation to the transition;\n- (iii) the technical capabilities that must be demonstrated by a retailer or distributor in relation to the sale of a natural gas equivalent before making the change;\n- (i) benchmarks for energy consumption for residential customers; and\n- (ia) the use of interval meters and smart meters and other related technologies, including devices designed to enable direct load control, including (without limitation) matters relating to the following: (i) the ability of a distributor to undertake supply capacity control (SCC), including— (A) the inclusion of SCC as part of a connection contract; and (B) marketing rules associated with SCC; and (C) the management and restoration of power as a result of an emergency; (ii) the ability of a retailer to undertake SCC; (iii) charging and billing rules, and bill content, including— (A) the way in which tariff structures should be expressed; and (B) the regulation of estimates for the purposes of billing, including information to be provided to customers; and (C) the regulation of critical peak pricing and critical peak rebates; and (D) the provision of information to customers about metering and consumption data on the bill; (iv) the provision of marketing information to customers through the in‐house display facility of a smart meter and other related technologies (including by providing that a customer’s consent is required before such information may be sent and by imposing restrictions or prohibitions with respect to certain practices); (v) the provision of information about matters associated with the use of smart meters and other related technologies, including the remote de‐energisation of premises and control of appliances; (vi) information to be included in a retail market performance report;\n- (i) the ability of a distributor to undertake supply capacity control (SCC), including— (A) the inclusion of SCC as part of a connection contract; and (B) marketing rules associated with SCC; and (C) the management and restoration of power as a result of an emergency;\n- (A) the inclusion of SCC as part of a connection contract; and\n- (B) marketing rules associated with SCC; and\n- (C) the management and restoration of power as a result of an emergency;\n- (ii) the ability of a retailer to undertake SCC;\n- (iii) charging and billing rules, and bill content, including— (A) the way in which tariff structures should be expressed; and (B) the regulation of estimates for the purposes of billing, including information to be provided to customers; and (C) the regulation of critical peak pricing and critical peak rebates; and (D) the provision of information to customers about metering and consumption data on the bill;\n- (A) the way in which tariff structures should be expressed; and\n- (B) the regulation of estimates for the purposes of billing, including information to be provided to customers; and\n- (C) the regulation of critical peak pricing and critical peak rebates; and\n- (D) the provision of information to customers about metering and consumption data on the bill;\n- (iv) the provision of marketing information to customers through the in‐house display facility of a smart meter and other related technologies (including by providing that a customer’s consent is required before such information may be sent and by imposing restrictions or prohibitions with respect to certain practices);\n- (v) the provision of information about matters associated with the use of smart meters and other related technologies, including the remote de‐energisation of premises and control of appliances;\n- (vi) information to be included in a retail market performance report;\n- (j) any other matter or thing relating to the retail sale and supply of energy or associated matters prescribed by the National Regulations.\n- (i) the sharing and exchange of information between distributors and retailers, including information provided for the purpose of informing shared customers in relation to faults and emergencies, planned or unplanned interruptions and applicable tariffs;\n- (ii) the management of customer enquiries, complaints and claims;\n- (iii) the management of the de‐energisation of premises of shared customers and the re‐energisation of those premises;\n- (i) the appointment of a person, in accordance with the Rules, to manage and facilitate the resolution of such disputes without however derogating from that person’s power to act personally as an arbitrator or mediator in a particular dispute; and\n- (ii) the appointment, by a person referred to in subparagraph (i) , of persons (including mediators and arbitrators) to resolve such disputes; and\n- (iii) the procedure for the conduct of such disputes; and\n- (iv) the provision for appeals on questions of law against decisions of persons appointed to resolve such disputes; and\n- (v) the conferral of functions or powers on persons authorised to deal with disputes under the NEL, NER, NGL or NGR or jurisdictional energy legislation;\n- (i) the AER or the AEMC; or\n- (ii) any other person appointed in accordance with the Rules;\n- (i) the process to be followed, or the transition scheme to be applied, in making the change;\n- (ii) the powers and functions of the AER in relation to the transition;\n- (iii) the technical capabilities that must be demonstrated by a retailer or distributor in relation to the sale of a natural gas equivalent before making the change;\n- (i) the ability of a distributor to undertake supply capacity control (SCC), including— (A) the inclusion of SCC as part of a connection contract; and (B) marketing rules associated with SCC; and (C) the management and restoration of power as a result of an emergency;\n- (A) the inclusion of SCC as part of a connection contract; and\n- (B) marketing rules associated with SCC; and\n- (C) the management and restoration of power as a result of an emergency;\n- (ii) the ability of a retailer to undertake SCC;\n- (iii) charging and billing rules, and bill content, including— (A) the way in which tariff structures should be expressed; and (B) the regulation of estimates for the purposes of billing, including information to be provided to customers; and (C) the regulation of critical peak pricing and critical peak rebates; and (D) the provision of information to customers about metering and consumption data on the bill;\n- (A) the way in which tariff structures should be expressed; and\n- (B) the regulation of estimates for the purposes of billing, including information to be provided to customers; and\n- (C) the regulation of critical peak pricing and critical peak rebates; and\n- (D) the provision of information to customers about metering and consumption data on the bill;\n- (iv) the provision of marketing information to customers through the in‐house display facility of a smart meter and other related technologies (including by providing that a customer’s consent is required before such information may be sent and by imposing restrictions or prohibitions with respect to certain practices);\n- (v) the provision of information about matters associated with the use of smart meters and other related technologies, including the remote de‐energisation of premises and control of appliances;\n- (vi) information to be included in a retail market performance report;\n- (A) the inclusion of SCC as part of a connection contract; and\n- (B) marketing rules associated with SCC; and\n- (C) the management and restoration of power as a result of an emergency;\n- (A) the way in which tariff structures should be expressed; and\n- (B) the regulation of estimates for the purposes of billing, including information to be provided to customers; and\n- (C) the regulation of critical peak pricing and critical peak rebates; and\n- (D) the provision of information to customers about metering and consumption data on the bill;\n- (a) be of general or limited application; and\n- (b) vary according to the persons, times, places or circumstances to which they are expressed to apply; and\n- (c) confer functions or powers on, or leave any matter or thing to be decided or determined by— (i) the AER, the AEMC, AEMO or a jurisdictional regulator; or (ii) a panel or committee established by the AEMC; or (iii) any other body established, or person appointed, in accordance with the Rules; and\n- (i) the AER, the AEMC, AEMO or a jurisdictional regulator; or\n- (ii) a panel or committee established by the AEMC; or\n- (iii) any other body established, or person appointed, in accordance with the Rules; and\n- (d) confer functions on, or leave any matter or thing to be decided or determined by, an energy ombudsman; and\n- (e) confer rights or impose obligations on any person or a class of person, including retailers, distributors and customers, but not including the AER, the AEMC, AEMO or a jurisdictional regulator; and\n- (f) confer a function on the AER, the AEMC, AEMO or a jurisdictional regulator to make, prepare, develop or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules, including guidelines, tests, standards, procedures or any other document (however described) that leave any matter or thing to be determined by the AER, the AEMC, AEMO or a jurisdictional regulator; and\n- (g) empower or require any person (other than a person referred to in paragraph (f) ) or body to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules; and\n- (h) apply, adopt or incorporate wholly or partially, or as amended by the Rules, the provisions of any standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body whether— (i) as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or (ii) as amended from time to time; and\n- (i) as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or\n- (ii) as amended from time to time; and\n- (i) confer a power of direction on the AER, the AEMC, AEMO or a jurisdictional regulator to require a person conferred a right or on whom an obligation is imposed under the Rules to comply with— (i) a guideline, test, standard, procedure or other document (however described) referred to in paragraph (f) or (g) ; or (ii) a standard, rule, specification, method or document (however described) referred to in paragraph (h) ; and\n- (i) a guideline, test, standard, procedure or other document (however described) referred to in paragraph (f) or (g) ; or\n- (ii) a standard, rule, specification, method or document (however described) referred to in paragraph (h) ; and\n- (j) if this section authorises or requires Rules that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter or thing; and\n- (k) provide for the review of, or a right of appeal against, a decision or determination made under the Rules and for that purpose, confer jurisdiction on a court; and\n- (l) require a form prescribed by or under the Rules, or information or documents included in, attached to or given with the form, to be verified by statutory declaration; and\n- (m) confer an immunity on, or limit the liability of, any person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules; and\n- (n) require a person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules to indemnify another such person or body; and\n- (o) contain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule.\n- (i) the AER, the AEMC, AEMO or a jurisdictional regulator; or\n- (ii) a panel or committee established by the AEMC; or\n- (iii) any other body established, or person appointed, in accordance with the Rules; and\n- (i) as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or\n- (ii) as amended from time to time; and\n- (i) a guideline, test, standard, procedure or other document (however described) referred to in paragraph (f) or (g) ; or\n- (ii) a standard, rule, specification, method or document (however described) referred to in paragraph (h) ; and","sortOrder":373},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Minister initiated National Energy Retail Rules","content":"## Minister initiated National Energy Retail Rules","sortOrder":374},{"sectionNumber":"sec.238","sectionType":"section","heading":"South Australian Minister to make initial National Energy Retail Rules","content":"### sec.238 South Australian Minister to make initial National Energy Retail Rules\n\nThe South Australian Minister may make Rules for or with respect to any matter or thing referred to in Division 2 .\nThe South Australian Minister may make Rules that amend the Rules made under subsection (1) for any purpose that is necessary or consequential on the application of the Law or those Rules in a participating jurisdiction.\nAs soon as practicable after making Rules under this section, the South Australian Minister must—\npublish notice of the making of the Rules in the South Australian Government Gazette; and\nmake the Rules publicly available.\nThe notice referred to in subsection (3) (a) must state—\nthe date on which the Rules commence operation; or\nif different Rules will commence operation on different dates, those dates.\nThe Rules made under this section may only be made on the recommendation of the MCE.\nRules cannot be made under this section once any one of the participating jurisdictions applies this Law as a law of that jurisdiction.\ns 238 amd 2023 No. 36 (SA) s 84\n(sec.238-ssec.1) The South Australian Minister may make Rules for or with respect to any matter or thing referred to in Division 2 .\n(sec.238-ssec.2) The South Australian Minister may make Rules that amend the Rules made under subsection (1) for any purpose that is necessary or consequential on the application of the Law or those Rules in a participating jurisdiction.\n(sec.238-ssec.3) As soon as practicable after making Rules under this section, the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.238-ssec.4) The notice referred to in subsection (3) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates, those dates.\n(sec.238-ssec.5) The Rules made under this section may only be made on the recommendation of the MCE.\n(sec.238-ssec.6) Rules cannot be made under this section once any one of the participating jurisdictions applies this Law as a law of that jurisdiction.\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; or\n- (b) if different Rules will commence operation on different dates, those dates.","sortOrder":375},{"sectionNumber":"sec.238AA","sectionType":"section","heading":"South Australian Minister to make initial Rules relating to regulatory sandboxing","content":"### sec.238AA South Australian Minister to make initial Rules relating to regulatory sandboxing\n\nThe South Australian Minister may make Rules—\nfor or with respect to—\nthe regulatory sandboxing amendments; and\nany other subject contemplated by, or necessary or expedient for the regulatory sandboxing amendments; and\nthat revoke or amend a Rule as a consequence of the enactment of the regulatory sandboxing amendments.\nSection 237 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\nAs soon as practicable after making Rules under this section, the South Australian Minister must—\npublish notice of the making of the Rules in the South Australian Government Gazette; and\nmake the Rules publicly available.\nThe notice referred to in subsection (3) (a) must state—\nthe date on which the Rules commence operation; or\nif different Rules will commence operation on different dates, those dates.\nRules may only be made under subsection (1) on the recommendation of the MCE.\nOnce the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\nIn this section—\nregulatory sandboxing amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Regulatory Sandboxing) Act 2022 .\ns 238AA ins 2022 No. 22 (SA) s 25\namd 2023 No. 36 (SA) s 85\n(sec.238AA-ssec.1) The South Australian Minister may make Rules— for or with respect to— the regulatory sandboxing amendments; and any other subject contemplated by, or necessary or expedient for the regulatory sandboxing amendments; and that revoke or amend a Rule as a consequence of the enactment of the regulatory sandboxing amendments.\n(sec.238AA-ssec.2) Section 237 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n(sec.238AA-ssec.3) As soon as practicable after making Rules under this section, the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.238AA-ssec.4) The notice referred to in subsection (3) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates, those dates.\n(sec.238AA-ssec.5) Rules may only be made under subsection (1) on the recommendation of the MCE.\n(sec.238AA-ssec.6) Once the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\n(sec.238AA-ssec.7) In this section— regulatory sandboxing amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Regulatory Sandboxing) Act 2022 .\n- (a) for or with respect to— (i) the regulatory sandboxing amendments; and (ii) any other subject contemplated by, or necessary or expedient for the regulatory sandboxing amendments; and\n- (i) the regulatory sandboxing amendments; and\n- (ii) any other subject contemplated by, or necessary or expedient for the regulatory sandboxing amendments; and\n- (b) that revoke or amend a Rule as a consequence of the enactment of the regulatory sandboxing amendments.\n- (i) the regulatory sandboxing amendments; and\n- (ii) any other subject contemplated by, or necessary or expedient for the regulatory sandboxing amendments; and\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; or\n- (b) if different Rules will commence operation on different dates, those dates.","sortOrder":376},{"sectionNumber":"sec.238A","sectionType":"section","heading":"South Australian Minister may make initial Rules related to consumer protections and smart meters","content":"### sec.238A South Australian Minister may make initial Rules related to consumer protections and smart meters\n\nThe South Australian Minister may make Rules for or with respect to any matter or thing that is referred to in section 237 (2) (ia) and that relates to, or is relevant to the interests of, small customers.\nAs soon as practicable after making Rules under this section, the South Australian Minister must—\npublish notice of the making of the Rules in the South Australian Government Gazette; and\nmake the Rules publicly available.\nThe notice referred to in subsection (2) (a) must state—\nthe date on which the Rules commence operation; or\nif different Rules will commence operation on different dates, those dates.\nThe Rules made under this section may only be made on the recommendation of the MCE.\nSection 237 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\nOnce the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\ns 238A ins 2013 No. 69 (SA) s 9\namd 2023 No. 36 (SA) s 86\n(sec.238A-ssec.1) The South Australian Minister may make Rules for or with respect to any matter or thing that is referred to in section 237 (2) (ia) and that relates to, or is relevant to the interests of, small customers.\n(sec.238A-ssec.2) As soon as practicable after making Rules under this section, the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.238A-ssec.3) The notice referred to in subsection (2) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates, those dates.\n(sec.238A-ssec.4) The Rules made under this section may only be made on the recommendation of the MCE.\n(sec.238A-ssec.5) Section 237 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n(sec.238A-ssec.6) Once the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; or\n- (b) if different Rules will commence operation on different dates, those dates.","sortOrder":377},{"sectionNumber":"sec.238AB","sectionType":"section","heading":"South Australian Minister may make initial Rules relating to stand-alone power systems","content":"### sec.238AB South Australian Minister may make initial Rules relating to stand-alone power systems\n\nThe South Australian Minister may make Rules—\nfor or with respect to the stand-alone power system amendments; and\nfor or with respect to any other subject contemplated by, or necessary or expedient for, the stand-alone power system amendments; and\nthat revoke or amend a Rule as a consequence of the enactment of the stand-alone power system amendments.\nAs soon as practicable after making Rules under subsection (1) , the South Australian Minister must—\npublish notice of the making of the Rules in the South Australian Government Gazette; and\nmake the Rules publicly available.\nThe notice referred to in subsection (2) (a) must state—\nthe date on which the Rules commence operation; or\nif different Rules will commence operation on different dates, those dates.\nThe Rules made under this section may only be made on the recommendation of the MCE.\nSection 237 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\nOnce the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\nIn this section—\nstand-alone power system amendments means the amendments made to the NEL and this Law by the Statutes Amendment (National Energy Laws) (Stand-Alone Power Systems) Act 2021 .\ns 238AB ins 2021 No. 9 (SA) s 11\namd 2023 No. 36 (SA) s 87\n(sec.238AB-ssec.1) The South Australian Minister may make Rules— for or with respect to the stand-alone power system amendments; and for or with respect to any other subject contemplated by, or necessary or expedient for, the stand-alone power system amendments; and that revoke or amend a Rule as a consequence of the enactment of the stand-alone power system amendments.\n(sec.238AB-ssec.2) As soon as practicable after making Rules under subsection (1) , the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.238AB-ssec.3) The notice referred to in subsection (2) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates, those dates.\n(sec.238AB-ssec.4) The Rules made under this section may only be made on the recommendation of the MCE.\n(sec.238AB-ssec.5) Section 237 (3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC.\n(sec.238AB-ssec.6) Once the first Rules have been made under subsection (1) , no further Rules can be made under that subsection.\n(sec.238AB-ssec.7) In this section— stand-alone power system amendments means the amendments made to the NEL and this Law by the Statutes Amendment (National Energy Laws) (Stand-Alone Power Systems) Act 2021 .\n- (a) for or with respect to the stand-alone power system amendments; and\n- (b) for or with respect to any other subject contemplated by, or necessary or expedient for, the stand-alone power system amendments; and\n- (c) that revoke or amend a Rule as a consequence of the enactment of the stand-alone power system amendments.\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; or\n- (b) if different Rules will commence operation on different dates, those dates.","sortOrder":378},{"sectionNumber":"sec.238AC","sectionType":"section","heading":"South Australian Minister may make initial Rules relating to national energy retail objective","content":"### sec.238AC South Australian Minister may make initial Rules relating to national energy retail objective\n\nThe Minister in right of the Crown of South Australia administering Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia may, within 9 months after the commencement of this section—\nmake Rules for or with respect to any matter or thing necessary or expedient to implement the amended objective; and\nmake Rules for or with respect to any other subject contemplated by, or necessary or expedient for implementing, the amended objective; and\nmake Rules that revoke or amend a Rule as a consequence of the enactment of the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 of South Australia.\nRules in the nature of a derogation may be made under subsection (1) even though there may not have been a request for a derogation.\nSection 237 (3) applies to the making of Rules under subsection (1) as if the Rules being made under subsection (1) were Rules being made by the AEMC.\nAs soon as practicable after making Rules under subsection (1) , the Minister referred to in that subsection must—\npublish notice of the making of the Rules in the South Australian Government Gazette; and\nmake the Rules publicly available.\nThe notice referred to in subsection (4) (a) must state—\nthe date on which the Rules commence operation; or\nif different Rules will commence operation on different dates, those dates.\nThe Rules made under subsection (1) may only be made on the recommendation of the MCE.\nIf the Minister referred to in subsection (1) makes Rules under that subsection, the Minister cannot make another Rule under that subsection.\nIn this section—\namended objective means the national energy retail objective as in force on the commencement of this section.\ns 238AC ins 2023 No. 26 (SA) s 12\n(sec.238AC-ssec.1) The Minister in right of the Crown of South Australia administering Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia may, within 9 months after the commencement of this section— make Rules for or with respect to any matter or thing necessary or expedient to implement the amended objective; and make Rules for or with respect to any other subject contemplated by, or necessary or expedient for implementing, the amended objective; and make Rules that revoke or amend a Rule as a consequence of the enactment of the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 of South Australia.\n(sec.238AC-ssec.2) Rules in the nature of a derogation may be made under subsection (1) even though there may not have been a request for a derogation.\n(sec.238AC-ssec.3) Section 237 (3) applies to the making of Rules under subsection (1) as if the Rules being made under subsection (1) were Rules being made by the AEMC.\n(sec.238AC-ssec.4) As soon as practicable after making Rules under subsection (1) , the Minister referred to in that subsection must— publish notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.238AC-ssec.5) The notice referred to in subsection (4) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates, those dates.\n(sec.238AC-ssec.6) The Rules made under subsection (1) may only be made on the recommendation of the MCE.\n(sec.238AC-ssec.7) If the Minister referred to in subsection (1) makes Rules under that subsection, the Minister cannot make another Rule under that subsection.\n(sec.238AC-ssec.8) In this section— amended objective means the national energy retail objective as in force on the commencement of this section.\n- (a) make Rules for or with respect to any matter or thing necessary or expedient to implement the amended objective; and\n- (b) make Rules for or with respect to any other subject contemplated by, or necessary or expedient for implementing, the amended objective; and\n- (c) make Rules that revoke or amend a Rule as a consequence of the enactment of the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 of South Australia.\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; or\n- (b) if different Rules will commence operation on different dates, those dates.","sortOrder":379},{"sectionNumber":"sec.238AD","sectionType":"section","heading":"South Australian Minister to make initial Rules relating to other gases","content":"### sec.238AD South Australian Minister to make initial Rules relating to other gases\n\nThe South Australian Minister may make Rules—\nfor or with respect to—\nthe other gas amendments; and\nany other subject contemplated by, or necessary or expedient for, the other gas amendments; and\nthat revoke or amend a Rule as a consequence of the enactment of the other gas amendments.\nRules made under this section may revoke or amend an existing Rule.\nRules may only be made under this section on the recommendation of the MCE.\nSection 237 (3) applies to Rules made under this section in the same way as it applies to a Rule made by the AEMC.\nAs soon as practicable after making Rules under this section, the South Australian Minister must—\npublish a notice of the making of the Rules in the South Australian Government Gazette; and\nmake the Rules publicly available.\nThe notice referred to in subsection (5) (a) must state—\nthe date on which the Rules commence operation; or\nif different Rules will commence operation on different dates—those dates.\nThe Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (6) .\nOnce the first Rules have been made, no further Rules can be made under this section.\nIn this section—\nother gas amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 .\ns 238AD ins 2023 No. 36 (SA) s 88\n(sec.238AD-ssec.1) The South Australian Minister may make Rules— for or with respect to— the other gas amendments; and any other subject contemplated by, or necessary or expedient for, the other gas amendments; and that revoke or amend a Rule as a consequence of the enactment of the other gas amendments.\n(sec.238AD-ssec.2) Rules made under this section may revoke or amend an existing Rule.\n(sec.238AD-ssec.3) Rules may only be made under this section on the recommendation of the MCE.\n(sec.238AD-ssec.4) Section 237 (3) applies to Rules made under this section in the same way as it applies to a Rule made by the AEMC.\n(sec.238AD-ssec.5) As soon as practicable after making Rules under this section, the South Australian Minister must— publish a notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.238AD-ssec.6) The notice referred to in subsection (5) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates—those dates.\n(sec.238AD-ssec.7) The Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (6) .\n(sec.238AD-ssec.8) Once the first Rules have been made, no further Rules can be made under this section.\n(sec.238AD-ssec.9) In this section— other gas amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 .\n- (a) for or with respect to— (i) the other gas amendments; and (ii) any other subject contemplated by, or necessary or expedient for, the other gas amendments; and\n- (i) the other gas amendments; and\n- (ii) any other subject contemplated by, or necessary or expedient for, the other gas amendments; and\n- (b) that revoke or amend a Rule as a consequence of the enactment of the other gas amendments.\n- (i) the other gas amendments; and\n- (ii) any other subject contemplated by, or necessary or expedient for, the other gas amendments; and\n- (a) publish a notice of the making of the Rules in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; or\n- (b) if different Rules will commence operation on different dates—those dates.","sortOrder":380},{"sectionNumber":"sec.238B","sectionType":"section","heading":"South Australian Minister may make Rules on recommendation of MCE and Energy Security Board","content":"### sec.238B South Australian Minister may make Rules on recommendation of MCE and Energy Security Board\n\nThe South Australian Minister may make Rules recommended by the MCE in accordance with subsection (2) for any purpose that is necessary or consequential as a result of the making of a NER by the Minister under section 90F of the NEL or a NGR by the Minister under section 294G of the NGL.\nThe MCE may only recommend the making of Rules under subsection (1) if—\nthe Rules are for or with respect to any matter or thing referred to in Division 2 ; and\nthe Energy Security Board has recommended to the MCE that it recommend the making of the Rules under subsection (1) .\nThe Energy Security Board may only make a recommendation for the purposes of subsection (2) (b) in relation to Rules if—\nthe Rules are in connection with energy security and reliability of the national electricity market (within the meaning of the NEL) or long-term planning for the national electricity market; and\nthe Energy Security Board is satisfied that the Rules are consistent with the national energy retail objective; and\nthe Energy Security Board has undertaken consultation on the Rules in accordance with any requirements determined by the MCE.\nRules in the nature of a derogation may be made under this section even though there may not have been a request for a derogation.\nSection 237 (3) applies to Rules made under subsection (1) in the same way as that section applies to Rules made by the AEMC.\nAs soon as practicable after making Rules under this section, the South Australian Minister must—\npublish notice of the making of the Rules in the South Australian Government Gazette; and\nmake the Rules publicly available.\nThe notice referred to in subsection (6) (a) must state—\nthe date on which the Rules commence operation; or\nif different Rules will commence operation on different dates, those dates.\ns 238B ins 2018 No. 12 (SA) s 17\namd 2023 No. 36 (SA) s 89\n(sec.238B-ssec.1) The South Australian Minister may make Rules recommended by the MCE in accordance with subsection (2) for any purpose that is necessary or consequential as a result of the making of a NER by the Minister under section 90F of the NEL or a NGR by the Minister under section 294G of the NGL.\n(sec.238B-ssec.2) The MCE may only recommend the making of Rules under subsection (1) if— the Rules are for or with respect to any matter or thing referred to in Division 2 ; and the Energy Security Board has recommended to the MCE that it recommend the making of the Rules under subsection (1) .\n(sec.238B-ssec.3) The Energy Security Board may only make a recommendation for the purposes of subsection (2) (b) in relation to Rules if— the Rules are in connection with energy security and reliability of the national electricity market (within the meaning of the NEL) or long-term planning for the national electricity market; and the Energy Security Board is satisfied that the Rules are consistent with the national energy retail objective; and the Energy Security Board has undertaken consultation on the Rules in accordance with any requirements determined by the MCE.\n(sec.238B-ssec.4) Rules in the nature of a derogation may be made under this section even though there may not have been a request for a derogation.\n(sec.238B-ssec.5) Section 237 (3) applies to Rules made under subsection (1) in the same way as that section applies to Rules made by the AEMC.\n(sec.238B-ssec.6) As soon as practicable after making Rules under this section, the South Australian Minister must— publish notice of the making of the Rules in the South Australian Government Gazette; and make the Rules publicly available.\n(sec.238B-ssec.7) The notice referred to in subsection (6) (a) must state— the date on which the Rules commence operation; or if different Rules will commence operation on different dates, those dates. s 238B ins 2018 No. 12 (SA) s 17 amd 2023 No. 36 (SA) s 89\n- (a) the Rules are for or with respect to any matter or thing referred to in Division 2 ; and\n- (b) the Energy Security Board has recommended to the MCE that it recommend the making of the Rules under subsection (1) .\n- (a) the Rules are in connection with energy security and reliability of the national electricity market (within the meaning of the NEL) or long-term planning for the national electricity market; and\n- (b) the Energy Security Board is satisfied that the Rules are consistent with the national energy retail objective; and\n- (c) the Energy Security Board has undertaken consultation on the Rules in accordance with any requirements determined by the MCE.\n- (a) publish notice of the making of the Rules in the South Australian Government Gazette; and\n- (b) make the Rules publicly available.\n- (a) the date on which the Rules commence operation; or\n- (b) if different Rules will commence operation on different dates, those dates.","sortOrder":381},{"sectionNumber":"pt.10-div.4","sectionType":"division","heading":"Subsequent Rules and rule amendment procedure","content":"## Subsequent Rules and rule amendment procedure","sortOrder":382},{"sectionNumber":"sec.239","sectionType":"section","heading":"Subsequent rule making by AEMC","content":"### sec.239 Subsequent rule making by AEMC\n\nThe AEMC, in accordance with this Law and the National Regulations, may make Rules for or with respect to any matter or thing referred to in Division 2 after Rules have been made under Division 3 .\nNothing in Division 3 Subdivision 2 is to be taken to affect the power of the AEMC to make Rules (in accordance with this Law and the Regulations) for or with respect to any matter or thing referred to in Division 2 (whether before or after Rules have been made under Division 3 Subdivision 2 ).\ns 239 amd 2018 No. 12 (SA) s 18\n(sec.239-ssec.1) The AEMC, in accordance with this Law and the National Regulations, may make Rules for or with respect to any matter or thing referred to in Division 2 after Rules have been made under Division 3 .\n(sec.239-ssec.2) Nothing in Division 3 Subdivision 2 is to be taken to affect the power of the AEMC to make Rules (in accordance with this Law and the Regulations) for or with respect to any matter or thing referred to in Division 2 (whether before or after Rules have been made under Division 3 Subdivision 2 ).","sortOrder":383},{"sectionNumber":"sec.240","sectionType":"section","heading":"Rules relating to MCE or Ministers of participating jurisdictions require MCE consent","content":"### sec.240 Rules relating to MCE or Ministers of participating jurisdictions require MCE consent\n\nThe AEMC must not, without the consent of the MCE, make a Rule that confers a right or function, or imposes an obligation, on the MCE or a Minister of a participating jurisdiction.\nThe term “function” is defined in clause 10 of Schedule 2 to the NGL to include “duty”. Section 8 of this Law applies that Schedule to this Law and other instruments under this Law.","sortOrder":384},{"sectionNumber":"sec.241","sectionType":"section","heading":"AEMC must not make Rules that create criminal offences or impose civil penalties for breaches","content":"### sec.241 AEMC must not make Rules that create criminal offences or impose civil penalties for breaches\n\nThe AEMC must not make a Rule that—\ncreates an offence for a breach of a provision of the Rules; or\nprovides for a criminal penalty or civil penalty for a breach of a provision of the Rules.\n- (a) creates an offence for a breach of a provision of the Rules; or\n- (b) provides for a criminal penalty or civil penalty for a breach of a provision of the Rules.","sortOrder":385},{"sectionNumber":"sec.242","sectionType":"section","heading":"Documents etc applied, adopted and incorporated by Rules to be publicly available","content":"### sec.242 Documents etc applied, adopted and incorporated by Rules to be publicly available\n\nThe AEMC must make publicly available—\nevery standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body that is applied, adopted or incorporated by a Rule; and\nif a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body is applied, adopted or incorporated by a Rule as amended from time to time—any amendment to that standard, rule, specification, method or document.\nFor the purposes of subsection (1) , the AEMC makes a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body applied, adopted or incorporated by any Rule publicly available if the AEMC—\npublishes the standard, rule, specification, method or document on the AEMC’s website; or\nspecifies a place from which the standard, rule, specification, method or document may be obtained or purchased (as the case requires).\n(sec.242-ssec.1) The AEMC must make publicly available— every standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body that is applied, adopted or incorporated by a Rule; and if a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body is applied, adopted or incorporated by a Rule as amended from time to time—any amendment to that standard, rule, specification, method or document.\n(sec.242-ssec.2) For the purposes of subsection (1) , the AEMC makes a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body applied, adopted or incorporated by any Rule publicly available if the AEMC— publishes the standard, rule, specification, method or document on the AEMC’s website; or specifies a place from which the standard, rule, specification, method or document may be obtained or purchased (as the case requires).\n- (a) every standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body that is applied, adopted or incorporated by a Rule; and\n- (b) if a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body is applied, adopted or incorporated by a Rule as amended from time to time—any amendment to that standard, rule, specification, method or document.\n- (a) publishes the standard, rule, specification, method or document on the AEMC’s website; or\n- (b) specifies a place from which the standard, rule, specification, method or document may be obtained or purchased (as the case requires).","sortOrder":386},{"sectionNumber":"sec.243","sectionType":"section","heading":"Initiation of making of a Rule","content":"### sec.243 Initiation of making of a Rule\n\nThe AEMC may make a Rule at the request of any person or the MCE.\nThe AEMC must not make a Rule without a request under subsection (1) unless—\nit considers the Rule corrects a minor error in the Rules; or\nit considers the Rule involves a non‐material change to the Rules; or\nthe Rule is in respect of any matter that is prescribed by the National Regulations as a matter on which it may make a Rule on its own initiative.\n(sec.243-ssec.1) The AEMC may make a Rule at the request of any person or the MCE.\n(sec.243-ssec.2) The AEMC must not make a Rule without a request under subsection (1) unless— it considers the Rule corrects a minor error in the Rules; or it considers the Rule involves a non‐material change to the Rules; or the Rule is in respect of any matter that is prescribed by the National Regulations as a matter on which it may make a Rule on its own initiative.\n- (a) it considers the Rule corrects a minor error in the Rules; or\n- (b) it considers the Rule involves a non‐material change to the Rules; or\n- (c) the Rule is in respect of any matter that is prescribed by the National Regulations as a matter on which it may make a Rule on its own initiative.","sortOrder":387},{"sectionNumber":"sec.244","sectionType":"section","heading":"AEMC may make more preferable Rule in certain cases","content":"### sec.244 AEMC may make more preferable Rule in certain cases\n\nThe AEMC may make a Rule that is different (including materially different) from a market initiated proposed Rule (a more preferable Rule ) if the AEMC is satisfied that, having regard to the issue or issues that were raised by the market initiated proposed Rule (to which the more preferable Rule relates), the more preferable Rule will or is likely to better contribute to the achievement of the national energy retail objective.\nSection 236 (2) applies in relation to the making of the more preferable rule.\n(sec.244-ssec.1) The AEMC may make a Rule that is different (including materially different) from a market initiated proposed Rule (a more preferable Rule ) if the AEMC is satisfied that, having regard to the issue or issues that were raised by the market initiated proposed Rule (to which the more preferable Rule relates), the more preferable Rule will or is likely to better contribute to the achievement of the national energy retail objective.\n(sec.244-ssec.2) Section 236 (2) applies in relation to the making of the more preferable rule.","sortOrder":388},{"sectionNumber":"sec.245","sectionType":"section","heading":"AEMC may make Rules that are consequential to a Rule request","content":"### sec.245 AEMC may make Rules that are consequential to a Rule request\n\nDespite section 243 (2) , the AEMC may, having regard to a request to make a Rule under section 243 (1) , make a Rule under this Law, the NEL or the NGL that is necessary or consequential, or corresponds, to the Rule.\nFor the purposes of this Part, the AEMC must treat a Rule it may make under subsection (1) as if it were part of the Rule to be made on that request.\n(sec.245-ssec.1) Despite section 243 (2) , the AEMC may, having regard to a request to make a Rule under section 243 (1) , make a Rule under this Law, the NEL or the NGL that is necessary or consequential, or corresponds, to the Rule.\n(sec.245-ssec.2) For the purposes of this Part, the AEMC must treat a Rule it may make under subsection (1) as if it were part of the Rule to be made on that request.","sortOrder":389},{"sectionNumber":"sec.246","sectionType":"section","heading":"Content of requests for Rules","content":"### sec.246 Content of requests for Rules\n\nA request for the making of a Rule—\nmust contain the information prescribed by the National Regulations or the Rules (or both); and\nmust, subject to section 247 , be accompanied by the fee prescribed by the National Regulations (if any); and\nmay be accompanied by a draft of the Rule to be made.\ns 246 amd 2022 No. 22 (SA) s 26\n- (a) must contain the information prescribed by the National Regulations or the Rules (or both); and\n- (b) must, subject to section 247 , be accompanied by the fee prescribed by the National Regulations (if any); and\n- (c) may be accompanied by a draft of the Rule to be made.","sortOrder":390},{"sectionNumber":"sec.247","sectionType":"section","heading":"Waiver of fee for Rule requests","content":"### sec.247 Waiver of fee for Rule requests\n\nThe AEMC may waive the payment of any fee prescribed by the National Regulations for the purposes of section 246 .","sortOrder":391},{"sectionNumber":"sec.248","sectionType":"section","heading":"Consolidation of 2 or more Rule requests","content":"### sec.248 Consolidation of 2 or more Rule requests\n\nIf the AEMC considers it necessary or desirable that 2 or more requests for the making of a Rule should be dealt with together, the AEMC may—\ntreat those requests as one request for the purposes of this Part (a consolidated Rule request ); or\ntreat any later request as a submission in relation to the earliest Rule request.\nFor the purposes of this Part, the AEMC may treat a consolidated Rule request as being received by it on the day it receives either the first or last of the Rule requests forming part of the consolidated Rule request.\n(sec.248-ssec.1) If the AEMC considers it necessary or desirable that 2 or more requests for the making of a Rule should be dealt with together, the AEMC may— treat those requests as one request for the purposes of this Part (a consolidated Rule request ); or treat any later request as a submission in relation to the earliest Rule request.\n(sec.248-ssec.2) For the purposes of this Part, the AEMC may treat a consolidated Rule request as being received by it on the day it receives either the first or last of the Rule requests forming part of the consolidated Rule request.\n- (a) treat those requests as one request for the purposes of this Part (a consolidated Rule request ); or\n- (b) treat any later request as a submission in relation to the earliest Rule request.","sortOrder":392},{"sectionNumber":"sec.249","sectionType":"section","heading":"Initial consideration of request for Rule","content":"### sec.249 Initial consideration of request for Rule\n\nSubject to this Part, as soon as practicable after receiving a request for the making of a Rule ( an active request ), the AEMC must consider whether—\nthe active request for the Rule appears to—\ncontain the information prescribed by the National Regulations or the Rules (or both); and\nnot be misconceived or lacking in substance; and\nthe subject matter of the active request appears to be for or with respect to a matter in respect of which the AEMC may make a Rule under this Law; and\nthe subject matter of the active request appears to relate to the subject matter of—\na Rule made, or a request for the making of a Rule under section 243 (1) not proceeded with, in the 12 months immediately before the date of making of that Rule or that request; or\nanother request for the making of a Rule under section 243 (1) in respect of which the AEMC is taking action under this Division; and\nin the case of an active request for a trial Rule—the subject matter of the request appears to relate to the subject matter of—\na trial waiver granted by the AER; or\nan application for a trial waiver that has been received by the AER (but that has not been granted at the time of the active request for the trial Rule).\nIf the AEMC considers that—\nin the case of an active request for the making of any Rule—having regard to the matters set out in subsection (1) , it should not take any action under this Division in respect of the active request; or\nin the case of an active request for the making of a trial Rule—it should not take any action under this Division in respect of the active request on the basis that—\nthe trial project to which the active request relates—\nis unlikely to be carried out; or\noffers no reasonable prospect of leading to better services and outcomes for consumers of energy; or\nthe trial Rule requested—\nis unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or\nis unlikely to enable the trial project to be undertaken; or\nshould be the subject of a request for a Rule other than a trial Rule,\nthe AEMC must make a decision to that effect and inform the person or body, in writing, that requested the Rule of that decision.\nDespite subsection (1) or (2) , the AEMC may make a decision to the effect that it should not take any action under this Division in respect of the active request if the person or body that made the active request has not complied with a notice in accordance with section 250 .\nIn making a decision under subsection (3) , the AEMC must have regard to any representation it receives under section 250 (4) .\nA decision under subsection (2) or (3) must—\nset out the reasons for the decision; and\nbe given to the person or body that made the active request without delay; and\nin the case where the decision was made only because of the matters set out in subsection (1) (c) —be published.\nSubject to this Part, if the AEMC considers that, having regard to the matters set out in subsection (1) , it should take action under this Division in respect of an active request, the AEMC must publish notice of that active request in accordance with section 251 .\nThe AEMC must, as soon as practicable after receiving an active request relating to a trial Rule, consult with AEMO on the matter.\ns 249 amd 2022 No. 22 (SA) s 27\n(sec.249-ssec.1) Subject to this Part, as soon as practicable after receiving a request for the making of a Rule ( an active request ), the AEMC must consider whether— the active request for the Rule appears to— contain the information prescribed by the National Regulations or the Rules (or both); and not be misconceived or lacking in substance; and the subject matter of the active request appears to be for or with respect to a matter in respect of which the AEMC may make a Rule under this Law; and the subject matter of the active request appears to relate to the subject matter of— a Rule made, or a request for the making of a Rule under section 243 (1) not proceeded with, in the 12 months immediately before the date of making of that Rule or that request; or another request for the making of a Rule under section 243 (1) in respect of which the AEMC is taking action under this Division; and in the case of an active request for a trial Rule—the subject matter of the request appears to relate to the subject matter of— a trial waiver granted by the AER; or an application for a trial waiver that has been received by the AER (but that has not been granted at the time of the active request for the trial Rule).\n(sec.249-ssec.2) If the AEMC considers that— in the case of an active request for the making of any Rule—having regard to the matters set out in subsection (1) , it should not take any action under this Division in respect of the active request; or in the case of an active request for the making of a trial Rule—it should not take any action under this Division in respect of the active request on the basis that— the trial project to which the active request relates— is unlikely to be carried out; or offers no reasonable prospect of leading to better services and outcomes for consumers of energy; or the trial Rule requested— is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or is unlikely to enable the trial project to be undertaken; or should be the subject of a request for a Rule other than a trial Rule, the AEMC must make a decision to that effect and inform the person or body, in writing, that requested the Rule of that decision.\n(sec.249-ssec.3) Despite subsection (1) or (2) , the AEMC may make a decision to the effect that it should not take any action under this Division in respect of the active request if the person or body that made the active request has not complied with a notice in accordance with section 250 .\n(sec.249-ssec.4) In making a decision under subsection (3) , the AEMC must have regard to any representation it receives under section 250 (4) .\n(sec.249-ssec.5) A decision under subsection (2) or (3) must— set out the reasons for the decision; and be given to the person or body that made the active request without delay; and in the case where the decision was made only because of the matters set out in subsection (1) (c) —be published.\n(sec.249-ssec.6) Subject to this Part, if the AEMC considers that, having regard to the matters set out in subsection (1) , it should take action under this Division in respect of an active request, the AEMC must publish notice of that active request in accordance with section 251 .\n(sec.249-ssec.7) The AEMC must, as soon as practicable after receiving an active request relating to a trial Rule, consult with AEMO on the matter.\n- (a) the active request for the Rule appears to— (i) contain the information prescribed by the National Regulations or the Rules (or both); and (ii) not be misconceived or lacking in substance; and\n- (i) contain the information prescribed by the National Regulations or the Rules (or both); and\n- (ii) not be misconceived or lacking in substance; and\n- (b) the subject matter of the active request appears to be for or with respect to a matter in respect of which the AEMC may make a Rule under this Law; and\n- (c) the subject matter of the active request appears to relate to the subject matter of— (i) a Rule made, or a request for the making of a Rule under section 243 (1) not proceeded with, in the 12 months immediately before the date of making of that Rule or that request; or (ii) another request for the making of a Rule under section 243 (1) in respect of which the AEMC is taking action under this Division; and\n- (i) a Rule made, or a request for the making of a Rule under section 243 (1) not proceeded with, in the 12 months immediately before the date of making of that Rule or that request; or\n- (ii) another request for the making of a Rule under section 243 (1) in respect of which the AEMC is taking action under this Division; and\n- (d) in the case of an active request for a trial Rule—the subject matter of the request appears to relate to the subject matter of— (i) a trial waiver granted by the AER; or (ii) an application for a trial waiver that has been received by the AER (but that has not been granted at the time of the active request for the trial Rule).\n- (i) a trial waiver granted by the AER; or\n- (ii) an application for a trial waiver that has been received by the AER (but that has not been granted at the time of the active request for the trial Rule).\n- (i) contain the information prescribed by the National Regulations or the Rules (or both); and\n- (ii) not be misconceived or lacking in substance; and\n- (i) a Rule made, or a request for the making of a Rule under section 243 (1) not proceeded with, in the 12 months immediately before the date of making of that Rule or that request; or\n- (ii) another request for the making of a Rule under section 243 (1) in respect of which the AEMC is taking action under this Division; and\n- (i) a trial waiver granted by the AER; or\n- (ii) an application for a trial waiver that has been received by the AER (but that has not been granted at the time of the active request for the trial Rule).\n- (a) in the case of an active request for the making of any Rule—having regard to the matters set out in subsection (1) , it should not take any action under this Division in respect of the active request; or\n- (b) in the case of an active request for the making of a trial Rule—it should not take any action under this Division in respect of the active request on the basis that— (i) the trial project to which the active request relates— (A) is unlikely to be carried out; or (B) offers no reasonable prospect of leading to better services and outcomes for consumers of energy; or (ii) the trial Rule requested— (A) is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or (B) is unlikely to enable the trial project to be undertaken; or (C) should be the subject of a request for a Rule other than a trial Rule,\n- (i) the trial project to which the active request relates— (A) is unlikely to be carried out; or (B) offers no reasonable prospect of leading to better services and outcomes for consumers of energy; or\n- (A) is unlikely to be carried out; or\n- (B) offers no reasonable prospect of leading to better services and outcomes for consumers of energy; or\n- (ii) the trial Rule requested— (A) is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or (B) is unlikely to enable the trial project to be undertaken; or (C) should be the subject of a request for a Rule other than a trial Rule,\n- (A) is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or\n- (B) is unlikely to enable the trial project to be undertaken; or\n- (C) should be the subject of a request for a Rule other than a trial Rule,\n- (i) the trial project to which the active request relates— (A) is unlikely to be carried out; or (B) offers no reasonable prospect of leading to better services and outcomes for consumers of energy; or\n- (A) is unlikely to be carried out; or\n- (B) offers no reasonable prospect of leading to better services and outcomes for consumers of energy; or\n- (A) is unlikely to be carried out; or\n- (B) offers no reasonable prospect of leading to better services and outcomes for consumers of energy; or\n- (ii) the trial Rule requested— (A) is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or (B) is unlikely to enable the trial project to be undertaken; or (C) should be the subject of a request for a Rule other than a trial Rule,\n- (A) is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or\n- (B) is unlikely to enable the trial project to be undertaken; or\n- (C) should be the subject of a request for a Rule other than a trial Rule,\n- (A) is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or\n- (B) is unlikely to enable the trial project to be undertaken; or\n- (C) should be the subject of a request for a Rule other than a trial Rule,\n- (a) set out the reasons for the decision; and\n- (b) be given to the person or body that made the active request without delay; and\n- (c) in the case where the decision was made only because of the matters set out in subsection (1) (c) —be published.","sortOrder":393},{"sectionNumber":"sec.250","sectionType":"section","heading":"AEMC may request further information from Rule proponent in certain cases","content":"### sec.250 AEMC may request further information from Rule proponent in certain cases\n\nThis section applies if the AEMC—\nreceives a request for the making of a Rule under section 243 (1) ; and\nconsiders, having regard to the nature and content of the request, that further information is required from the person or body that has made the request to assist it to understand the request’s purpose or content.\nThe AEMC may, by notice, request the person or body that made the request under section 243 (1) to provide the AEMC with further information.\nA notice under subsection (2) must specify—\nthe kind of information the AEMC requires from the person or body; and\nthe time within which that information must be provided to the AEMC.\nA person or body given a notice under this section may make a written representation to the AEMC as to why it cannot provide the information specified in the notice within the time specified in the notice.\n(sec.250-ssec.1) This section applies if the AEMC— receives a request for the making of a Rule under section 243 (1) ; and considers, having regard to the nature and content of the request, that further information is required from the person or body that has made the request to assist it to understand the request’s purpose or content.\n(sec.250-ssec.2) The AEMC may, by notice, request the person or body that made the request under section 243 (1) to provide the AEMC with further information.\n(sec.250-ssec.3) A notice under subsection (2) must specify— the kind of information the AEMC requires from the person or body; and the time within which that information must be provided to the AEMC.\n(sec.250-ssec.4) A person or body given a notice under this section may make a written representation to the AEMC as to why it cannot provide the information specified in the notice within the time specified in the notice.\n- (a) receives a request for the making of a Rule under section 243 (1) ; and\n- (b) considers, having regard to the nature and content of the request, that further information is required from the person or body that has made the request to assist it to understand the request’s purpose or content.\n- (a) the kind of information the AEMC requires from the person or body; and\n- (b) the time within which that information must be provided to the AEMC.","sortOrder":394},{"sectionNumber":"sec.251","sectionType":"section","heading":"Notice of proposed Rule","content":"### sec.251 Notice of proposed Rule\n\nThis section applies if the AEMC—\nconsiders that it should take action under this Division in respect of a request for the making of a Rule; or\nforms an intention to make an AEMC initiated Rule.\nThe AEMC must publish—\nnotice of the request or intention (as the case requires); and\na draft of the proposed Rule; and\nany other document prescribed by the National Regulations.\nA notice published under this section must—\ninvite written submissions and comments from any person or body in relation to the proposed Rule by the date specified in the notice by the AEMC, being a date that is not less than 4 weeks from the date the notice is published; and\ncontain any other information prescribed by the National Regulations.\nNothing in this Division is to be taken as requiring the AEMC to publish notices under this section in the same order as it—\nconsiders that it should take action under this Division in respect of a request for the making of a Rule; or\nforms an intention to make an AEMC initiated Rule.\n(sec.251-ssec.1) This section applies if the AEMC— considers that it should take action under this Division in respect of a request for the making of a Rule; or forms an intention to make an AEMC initiated Rule.\n(sec.251-ssec.2) The AEMC must publish— notice of the request or intention (as the case requires); and a draft of the proposed Rule; and any other document prescribed by the National Regulations.\n(sec.251-ssec.3) A notice published under this section must— invite written submissions and comments from any person or body in relation to the proposed Rule by the date specified in the notice by the AEMC, being a date that is not less than 4 weeks from the date the notice is published; and contain any other information prescribed by the National Regulations.\n(sec.251-ssec.4) Nothing in this Division is to be taken as requiring the AEMC to publish notices under this section in the same order as it— considers that it should take action under this Division in respect of a request for the making of a Rule; or forms an intention to make an AEMC initiated Rule.\n- (a) considers that it should take action under this Division in respect of a request for the making of a Rule; or\n- (b) forms an intention to make an AEMC initiated Rule.\n- (a) notice of the request or intention (as the case requires); and\n- (b) a draft of the proposed Rule; and\n- (c) any other document prescribed by the National Regulations.\n- (a) invite written submissions and comments from any person or body in relation to the proposed Rule by the date specified in the notice by the AEMC, being a date that is not less than 4 weeks from the date the notice is published; and\n- (b) contain any other information prescribed by the National Regulations.\n- (a) considers that it should take action under this Division in respect of a request for the making of a Rule; or\n- (b) forms an intention to make an AEMC initiated Rule.","sortOrder":395},{"sectionNumber":"sec.252","sectionType":"section","heading":"Publication of non-controversial or urgent final Rule determination","content":"### sec.252 Publication of non-controversial or urgent final Rule determination\n\nSubject to this section, if the AEMC considers that—\nan AEMC initiated Rule is a non‐controversial Rule; or\na request for a Rule is a request for a non‐controversial Rule; or\na request for a Rule is a request for an urgent Rule,\nthe AEMC may make the relevant Rule in accordance with this Division (except section 255 to 258 ) and as if the period of time within which the final Rule determination in respect of the relevant Rule must be published were 8 weeks from the date of publication of the notice under section 251 .\nBefore making a Rule as set out in subsection (1) , the AEMC must include in a notice under section 251 a statement to the effect that the AEMC may make the relevant Rule if the AEMC does not receive a written request, and reasons, not to do so from any person or body within 2 weeks of publication of that notice.\nThe AEMC must not make a Rule in accordance with this section if, following publication of a notice under section 251 containing a statement to the effect set out in subsection (2) —\nthe AEMC receives a written request not to do so; and\nthe reasons set out in that request are not, in its opinion, misconceived or lacking in substance.\nIf the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non‐controversial Rule or urgent Rule are misconceived or lacking in substance, the AEMC must—\nmake a decision to that effect; and\ngive the person or body its reasons, in writing, for that decision without delay.\nIf the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non‐controversial Rule or urgent Rule, are not misconceived or lacking in substance, the AEMC must publish a notice to the effect that it will make the relevant Rule in accordance with this Division (other than this section).\ns 252 amd 2018 No. 12 (SA) s 19\n(sec.252-ssec.1) Subject to this section, if the AEMC considers that— an AEMC initiated Rule is a non‐controversial Rule; or a request for a Rule is a request for a non‐controversial Rule; or a request for a Rule is a request for an urgent Rule, the AEMC may make the relevant Rule in accordance with this Division (except section 255 to 258 ) and as if the period of time within which the final Rule determination in respect of the relevant Rule must be published were 8 weeks from the date of publication of the notice under section 251 .\n(sec.252-ssec.2) Before making a Rule as set out in subsection (1) , the AEMC must include in a notice under section 251 a statement to the effect that the AEMC may make the relevant Rule if the AEMC does not receive a written request, and reasons, not to do so from any person or body within 2 weeks of publication of that notice.\n(sec.252-ssec.3) The AEMC must not make a Rule in accordance with this section if, following publication of a notice under section 251 containing a statement to the effect set out in subsection (2) — the AEMC receives a written request not to do so; and the reasons set out in that request are not, in its opinion, misconceived or lacking in substance.\n(sec.252-ssec.4) If the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non‐controversial Rule or urgent Rule are misconceived or lacking in substance, the AEMC must— make a decision to that effect; and give the person or body its reasons, in writing, for that decision without delay.\n(sec.252-ssec.5) If the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non‐controversial Rule or urgent Rule, are not misconceived or lacking in substance, the AEMC must publish a notice to the effect that it will make the relevant Rule in accordance with this Division (other than this section).\n- (a) an AEMC initiated Rule is a non‐controversial Rule; or\n- (b) a request for a Rule is a request for a non‐controversial Rule; or\n- (c) a request for a Rule is a request for an urgent Rule,\n- (a) the AEMC receives a written request not to do so; and\n- (b) the reasons set out in that request are not, in its opinion, misconceived or lacking in substance.\n- (a) make a decision to that effect; and\n- (b) give the person or body its reasons, in writing, for that decision without delay.","sortOrder":396},{"sectionNumber":"sec.252A","sectionType":"section","heading":"Publication of final Rule determination for trial Rule","content":"### sec.252A Publication of final Rule determination for trial Rule\n\nIf the AEMC considers that a request for a Rule is a request for a trial Rule, the AEMC may make the relevant Rule in accordance with this Division (except sections 255 to 258 ) and as if the period of time within which the final Rule determination in respect of the relevant Rule must be published were 10 weeks from the date of publication of the notice under section 251 .\nSections 252 and 253 do not apply to a request for a trial Rule.\ns 252A ins 2022 No. 22 (SA) s 28\n(sec.252A-ssec.1) If the AEMC considers that a request for a Rule is a request for a trial Rule, the AEMC may make the relevant Rule in accordance with this Division (except sections 255 to 258 ) and as if the period of time within which the final Rule determination in respect of the relevant Rule must be published were 10 weeks from the date of publication of the notice under section 251 .\n(sec.252A-ssec.2) Sections 252 and 253 do not apply to a request for a trial Rule.","sortOrder":397},{"sectionNumber":"sec.253","sectionType":"section","heading":"“Fast track” Rules where previous public consultation by energy regulatory body or an AEMC review","content":"### sec.253 “Fast track” Rules where previous public consultation by energy regulatory body or an AEMC review\n\nThis section applies if—\nan energy regulatory body has—\nmade a request for the making of a Rule under section 243 (1) ; and\nconsulted with the public on the nature and content of the request before making that request; or\na person or the MCE has made a request for the making of a Rule under section 243 (1) on the basis of—\na recommendation for the making of a Rule contained in a MCE directed review; or\na conclusion for the making of a Rule contained in an AEMC Rule review.\nThe AEMC may take action under this Division in respect of the request without complying with section 251 (2) (a) or 255 if it is of the opinion that—\nin the case where the request has been made by an energy regulatory body in the circumstances described in subsection (1) (a) —the consultation conducted by the energy regulatory body was adequate, having regard to—\nthe nature and content of that request; and\nthe kind of consultation conducted by the energy regulatory body;\nin the case where the request has been made by a person or the MCE in the circumstances described in subsection (1) (b) —\nthe request reflects, or is consistent with, the relevant recommendation contained in the MCE directed review or relevant conclusion in the AEMC Rule review (as the case requires); and\nthere was adequate consultation with the public by it on the content of the relevant recommendation or relevant conclusion during the MCE directed review or AEMC Rule review (as the case requires).\nTo avoid doubt—\nsection 249 applies to a request for the making of a Rule to which this section applies; and\nsection 254 does not apply to a request for the making of a Rule to which this section applies.\n(sec.253-ssec.1) This section applies if— an energy regulatory body has— made a request for the making of a Rule under section 243 (1) ; and consulted with the public on the nature and content of the request before making that request; or a person or the MCE has made a request for the making of a Rule under section 243 (1) on the basis of— a recommendation for the making of a Rule contained in a MCE directed review; or a conclusion for the making of a Rule contained in an AEMC Rule review.\n(sec.253-ssec.2) The AEMC may take action under this Division in respect of the request without complying with section 251 (2) (a) or 255 if it is of the opinion that— in the case where the request has been made by an energy regulatory body in the circumstances described in subsection (1) (a) —the consultation conducted by the energy regulatory body was adequate, having regard to— the nature and content of that request; and the kind of consultation conducted by the energy regulatory body; in the case where the request has been made by a person or the MCE in the circumstances described in subsection (1) (b) — the request reflects, or is consistent with, the relevant recommendation contained in the MCE directed review or relevant conclusion in the AEMC Rule review (as the case requires); and there was adequate consultation with the public by it on the content of the relevant recommendation or relevant conclusion during the MCE directed review or AEMC Rule review (as the case requires).\n(sec.253-ssec.3) To avoid doubt— section 249 applies to a request for the making of a Rule to which this section applies; and section 254 does not apply to a request for the making of a Rule to which this section applies.\n- (a) an energy regulatory body has— (i) made a request for the making of a Rule under section 243 (1) ; and (ii) consulted with the public on the nature and content of the request before making that request; or\n- (i) made a request for the making of a Rule under section 243 (1) ; and\n- (ii) consulted with the public on the nature and content of the request before making that request; or\n- (b) a person or the MCE has made a request for the making of a Rule under section 243 (1) on the basis of— (i) a recommendation for the making of a Rule contained in a MCE directed review; or (ii) a conclusion for the making of a Rule contained in an AEMC Rule review.\n- (i) a recommendation for the making of a Rule contained in a MCE directed review; or\n- (ii) a conclusion for the making of a Rule contained in an AEMC Rule review.\n- (i) made a request for the making of a Rule under section 243 (1) ; and\n- (ii) consulted with the public on the nature and content of the request before making that request; or\n- (i) a recommendation for the making of a Rule contained in a MCE directed review; or\n- (ii) a conclusion for the making of a Rule contained in an AEMC Rule review.\n- (a) in the case where the request has been made by an energy regulatory body in the circumstances described in subsection (1) (a) —the consultation conducted by the energy regulatory body was adequate, having regard to— (i) the nature and content of that request; and (ii) the kind of consultation conducted by the energy regulatory body;\n- (i) the nature and content of that request; and\n- (ii) the kind of consultation conducted by the energy regulatory body;\n- (b) in the case where the request has been made by a person or the MCE in the circumstances described in subsection (1) (b) — (i) the request reflects, or is consistent with, the relevant recommendation contained in the MCE directed review or relevant conclusion in the AEMC Rule review (as the case requires); and (ii) there was adequate consultation with the public by it on the content of the relevant recommendation or relevant conclusion during the MCE directed review or AEMC Rule review (as the case requires).\n- (i) the request reflects, or is consistent with, the relevant recommendation contained in the MCE directed review or relevant conclusion in the AEMC Rule review (as the case requires); and\n- (ii) there was adequate consultation with the public by it on the content of the relevant recommendation or relevant conclusion during the MCE directed review or AEMC Rule review (as the case requires).\n- (i) the nature and content of that request; and\n- (ii) the kind of consultation conducted by the energy regulatory body;\n- (i) the request reflects, or is consistent with, the relevant recommendation contained in the MCE directed review or relevant conclusion in the AEMC Rule review (as the case requires); and\n- (ii) there was adequate consultation with the public by it on the content of the relevant recommendation or relevant conclusion during the MCE directed review or AEMC Rule review (as the case requires).\n- (a) section 249 applies to a request for the making of a Rule to which this section applies; and\n- (b) section 254 does not apply to a request for the making of a Rule to which this section applies.","sortOrder":398},{"sectionNumber":"sec.254","sectionType":"section","heading":"Right to make written submissions and comments","content":"### sec.254 Right to make written submissions and comments\n\nAny person or body, within the period specified in a notice under section 251 , may make a written submission or comment in relation to the proposed Rule to which the notice relates.","sortOrder":399},{"sectionNumber":"sec.255","sectionType":"section","heading":"AEMC may hold public hearings before draft Rule determination","content":"### sec.255 AEMC may hold public hearings before draft Rule determination\n\nThe AEMC may (but need not), at any time after publication of a notice under section 251 and before making a draft Rule determination, hold a hearing in relation to any proposed Rule.\nNotice of a hearing held under this section must—\nbe published; and\ncontain the information prescribed by the National Regulations (if any).\n(sec.255-ssec.1) The AEMC may (but need not), at any time after publication of a notice under section 251 and before making a draft Rule determination, hold a hearing in relation to any proposed Rule.\n(sec.255-ssec.2) Notice of a hearing held under this section must— be published; and contain the information prescribed by the National Regulations (if any).\n- (a) be published; and\n- (b) contain the information prescribed by the National Regulations (if any).","sortOrder":400},{"sectionNumber":"sec.256","sectionType":"section","heading":"Draft Rule determinations","content":"### sec.256 Draft Rule determinations\n\nThe AEMC must make a draft Rule determination before making a final Rule determination in relation to the proposed Rule.\nSubject to this Part, the AEMC must, within 10 weeks after the date specified in a notice under section 251 , publish—\nthe draft Rule determination; and\nnotice of the making of the draft Rule determination.\nIn the case of a proposed Rule to which section 253 applies, the AEMC must publish the draft Rule determination and notice of the making of the draft Rule determination within 5 weeks after the date notice under section 251 is published.\nA draft Rule determination must contain—\nthe reasons of the AEMC as to whether or not it should make the proposed Rule, including—\nin the case where the proposed Rule is not a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed Rule will or is likely to contribute to the achievement of the national energy retail objective; and\nin the case of a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed more preferable Rule will or is likely to better contribute to the achievement of the national energy retail objective than the market initiated Rule request to which the more preferable Rule relates; and\nthe reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\nthe reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\nif the AEMC determines to make a Rule, a draft of the Rule to be made; and\nany other matters that are prescribed by the National Regulations.\nThe draft of the Rule to be made need not be the same as the draft of the proposed Rule to which the notice under section 251 relates.\nA notice referred to in subsection (2) must—\ninvite written submissions and comments from any person or body in relation to the determination within a period specified by the AEMC, being a period not less than 6 weeks from the date of publication of the notice; and\ninclude a statement to the effect that any interested person or body may request, in writing within one week after the publication of the notice, the AEMC to hold a hearing in accordance with section 258 ; and\ncontain any other information prescribed by the National Regulations.\n(sec.256-ssec.1) The AEMC must make a draft Rule determination before making a final Rule determination in relation to the proposed Rule.\n(sec.256-ssec.2) Subject to this Part, the AEMC must, within 10 weeks after the date specified in a notice under section 251 , publish— the draft Rule determination; and notice of the making of the draft Rule determination.\n(sec.256-ssec.3) In the case of a proposed Rule to which section 253 applies, the AEMC must publish the draft Rule determination and notice of the making of the draft Rule determination within 5 weeks after the date notice under section 251 is published.\n(sec.256-ssec.4) A draft Rule determination must contain— the reasons of the AEMC as to whether or not it should make the proposed Rule, including— in the case where the proposed Rule is not a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed Rule will or is likely to contribute to the achievement of the national energy retail objective; and in the case of a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed more preferable Rule will or is likely to better contribute to the achievement of the national energy retail objective than the market initiated Rule request to which the more preferable Rule relates; and the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and if the AEMC determines to make a Rule, a draft of the Rule to be made; and any other matters that are prescribed by the National Regulations.\n(sec.256-ssec.5) The draft of the Rule to be made need not be the same as the draft of the proposed Rule to which the notice under section 251 relates.\n(sec.256-ssec.6) A notice referred to in subsection (2) must— invite written submissions and comments from any person or body in relation to the determination within a period specified by the AEMC, being a period not less than 6 weeks from the date of publication of the notice; and include a statement to the effect that any interested person or body may request, in writing within one week after the publication of the notice, the AEMC to hold a hearing in accordance with section 258 ; and contain any other information prescribed by the National Regulations.\n- (a) the draft Rule determination; and\n- (b) notice of the making of the draft Rule determination.\n- (a) the reasons of the AEMC as to whether or not it should make the proposed Rule, including— (i) in the case where the proposed Rule is not a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed Rule will or is likely to contribute to the achievement of the national energy retail objective; and (ii) in the case of a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed more preferable Rule will or is likely to better contribute to the achievement of the national energy retail objective than the market initiated Rule request to which the more preferable Rule relates; and (iii) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and (iv) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\n- (i) in the case where the proposed Rule is not a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed Rule will or is likely to contribute to the achievement of the national energy retail objective; and\n- (ii) in the case of a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed more preferable Rule will or is likely to better contribute to the achievement of the national energy retail objective than the market initiated Rule request to which the more preferable Rule relates; and\n- (iii) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\n- (iv) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\n- (b) if the AEMC determines to make a Rule, a draft of the Rule to be made; and\n- (c) any other matters that are prescribed by the National Regulations.\n- (i) in the case where the proposed Rule is not a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed Rule will or is likely to contribute to the achievement of the national energy retail objective; and\n- (ii) in the case of a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed more preferable Rule will or is likely to better contribute to the achievement of the national energy retail objective than the market initiated Rule request to which the more preferable Rule relates; and\n- (iii) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\n- (iv) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\n- (a) invite written submissions and comments from any person or body in relation to the determination within a period specified by the AEMC, being a period not less than 6 weeks from the date of publication of the notice; and\n- (b) include a statement to the effect that any interested person or body may request, in writing within one week after the publication of the notice, the AEMC to hold a hearing in accordance with section 258 ; and\n- (c) contain any other information prescribed by the National Regulations.","sortOrder":401},{"sectionNumber":"sec.257","sectionType":"section","heading":"Right to make written submissions and comments in relation to draft Rule determination","content":"### sec.257 Right to make written submissions and comments in relation to draft Rule determination\n\nAny person or body, within the period specified in a notice under section 256 (2) (b) , may make a written submission or comment in relation to a draft Rule determination to which the notice relates.","sortOrder":402},{"sectionNumber":"sec.258","sectionType":"section","heading":"Pre-final Rule determination hearings","content":"### sec.258 Pre-final Rule determination hearings\n\nThe AEMC may (but need not), at any time after publication of a notice under section 256 (2) (b) and before making a final Rule determination, hold a hearing in relation to a draft Rule determination.\nIn addition, any person or body may request, in writing, within one week after the publication of a notice under section 256 (2) (b) , the AEMC to hold a hearing in relation to a draft Rule determination.\nDespite subsection (2) , the AEMC may decide not to a hold a hearing in relation to a draft Rule determination.\nWithout limiting the reasons why the AEMC may decide not to hold a hearing in relation to a draft Rule determination, the AEMC may decide not to hold a hearing if—\nthe person or body that requests the AEMC to hold a hearing does not make a written submission or comment in accordance with section 257 ; and\nno other person or body requests the AEMC to hold a hearing.\nIf the AEMC decides not to hold a hearing after a request under subsection (2) , it must give the person or body that requested the hearing its reasons, in writing, for declining that person’s or body’s request.\nIf the AEMC decides to hold a hearing, or agrees to hold a hearing after a request under subsection (2) , the AEMC must—\nappoint a date (being not later than 3 weeks after the date of publication of the notice under section 256 ), time and place for the holding of the hearing; and\npublish a notice of that date, time and place.\n(sec.258-ssec.1) The AEMC may (but need not), at any time after publication of a notice under section 256 (2) (b) and before making a final Rule determination, hold a hearing in relation to a draft Rule determination.\n(sec.258-ssec.2) In addition, any person or body may request, in writing, within one week after the publication of a notice under section 256 (2) (b) , the AEMC to hold a hearing in relation to a draft Rule determination.\n(sec.258-ssec.3) Despite subsection (2) , the AEMC may decide not to a hold a hearing in relation to a draft Rule determination.\n(sec.258-ssec.4) Without limiting the reasons why the AEMC may decide not to hold a hearing in relation to a draft Rule determination, the AEMC may decide not to hold a hearing if— the person or body that requests the AEMC to hold a hearing does not make a written submission or comment in accordance with section 257 ; and no other person or body requests the AEMC to hold a hearing.\n(sec.258-ssec.5) If the AEMC decides not to hold a hearing after a request under subsection (2) , it must give the person or body that requested the hearing its reasons, in writing, for declining that person’s or body’s request.\n(sec.258-ssec.6) If the AEMC decides to hold a hearing, or agrees to hold a hearing after a request under subsection (2) , the AEMC must— appoint a date (being not later than 3 weeks after the date of publication of the notice under section 256 ), time and place for the holding of the hearing; and publish a notice of that date, time and place.\n- (a) the person or body that requests the AEMC to hold a hearing does not make a written submission or comment in accordance with section 257 ; and\n- (b) no other person or body requests the AEMC to hold a hearing.\n- (a) appoint a date (being not later than 3 weeks after the date of publication of the notice under section 256 ), time and place for the holding of the hearing; and\n- (b) publish a notice of that date, time and place.","sortOrder":403},{"sectionNumber":"sec.259","sectionType":"section","heading":"Final Rule determination","content":"### sec.259 Final Rule determination\n\nSubject to section 260 , the AEMC must make a final Rule determination as to whether to make a proposed Rule.\nSubject to this Part, the AEMC must, within 6 weeks after the period for written submissions or comments in relation to the draft Rule determination ends, publish—\nthe final Rule determination; and\nnotice of the making of the final Rule determination.\nA final Rule determination must contain—\nthe reasons of the AEMC as to whether or not it should make a Rule, including—\nin the case where the Rule to be made is not a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the Rule will or is likely to contribute to the achievement of the national energy retail objective; and\nin the case where the Rule to be made is a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the more preferable Rule to be made will or is likely to better contribute to the achievement of the national energy retail objective than the market initiated Rule request to which the more preferable Rule relates; and\nif the AEMC is required to take into account the innovative trial principles, the reasons of the AEMC taking those principles into account; and\nthe reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\nthe reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\nany other matters that are prescribed by the National Regulations.\nA notice referred to in subsection (2) must contain the information prescribed by the National Regulations.\ns 259 amd 2022 No. 22 (SA) s 29\n(sec.259-ssec.1) Subject to section 260 , the AEMC must make a final Rule determination as to whether to make a proposed Rule.\n(sec.259-ssec.2) Subject to this Part, the AEMC must, within 6 weeks after the period for written submissions or comments in relation to the draft Rule determination ends, publish— the final Rule determination; and notice of the making of the final Rule determination.\n(sec.259-ssec.3) A final Rule determination must contain— the reasons of the AEMC as to whether or not it should make a Rule, including— in the case where the Rule to be made is not a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the Rule will or is likely to contribute to the achievement of the national energy retail objective; and in the case where the Rule to be made is a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the more preferable Rule to be made will or is likely to better contribute to the achievement of the national energy retail objective than the market initiated Rule request to which the more preferable Rule relates; and if the AEMC is required to take into account the innovative trial principles, the reasons of the AEMC taking those principles into account; and the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and any other matters that are prescribed by the National Regulations.\n(sec.259-ssec.4) A notice referred to in subsection (2) must contain the information prescribed by the National Regulations.\n- (a) the final Rule determination; and\n- (b) notice of the making of the final Rule determination.\n- (a) the reasons of the AEMC as to whether or not it should make a Rule, including— (i) in the case where the Rule to be made is not a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the Rule will or is likely to contribute to the achievement of the national energy retail objective; and (ii) in the case where the Rule to be made is a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the more preferable Rule to be made will or is likely to better contribute to the achievement of the national energy retail objective than the market initiated Rule request to which the more preferable Rule relates; and (iia) if the AEMC is required to take into account the innovative trial principles, the reasons of the AEMC taking those principles into account; and (iii) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and (iv) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\n- (i) in the case where the Rule to be made is not a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the Rule will or is likely to contribute to the achievement of the national energy retail objective; and\n- (ii) in the case where the Rule to be made is a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the more preferable Rule to be made will or is likely to better contribute to the achievement of the national energy retail objective than the market initiated Rule request to which the more preferable Rule relates; and\n- (iia) if the AEMC is required to take into account the innovative trial principles, the reasons of the AEMC taking those principles into account; and\n- (iii) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\n- (iv) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and\n- (b) any other matters that are prescribed by the National Regulations.\n- (i) in the case where the Rule to be made is not a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the Rule will or is likely to contribute to the achievement of the national energy retail objective; and\n- (ii) in the case where the Rule to be made is a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the more preferable Rule to be made will or is likely to better contribute to the achievement of the national energy retail objective than the market initiated Rule request to which the more preferable Rule relates; and\n- (iia) if the AEMC is required to take into account the innovative trial principles, the reasons of the AEMC taking those principles into account; and\n- (iii) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and\n- (iv) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and","sortOrder":404},{"sectionNumber":"sec.260","sectionType":"section","heading":"Proposal to make more preferable Rule","content":"### sec.260 Proposal to make more preferable Rule\n\nIf, in view of the response to a draft Rule determination, the AEMC proposes to make a more preferable Rule, the AEMC may—\nmake, and publish notice of, a draft Rule determination in respect of the proposed more preferable Rule; or\nmake, and publish notice of, a final Rule determination for the proposed more preferable Rule.\nThe final Rule determination, or further draft Rule determination, and the related notice, must be published within 30 business days after the end of the period for submissions or comments on the earlier draft Rule determination.\n(sec.260-ssec.1) If, in view of the response to a draft Rule determination, the AEMC proposes to make a more preferable Rule, the AEMC may— make, and publish notice of, a draft Rule determination in respect of the proposed more preferable Rule; or make, and publish notice of, a final Rule determination for the proposed more preferable Rule.\n(sec.260-ssec.2) The final Rule determination, or further draft Rule determination, and the related notice, must be published within 30 business days after the end of the period for submissions or comments on the earlier draft Rule determination.\n- (a) make, and publish notice of, a draft Rule determination in respect of the proposed more preferable Rule; or\n- (b) make, and publish notice of, a final Rule determination for the proposed more preferable Rule.","sortOrder":405},{"sectionNumber":"sec.261","sectionType":"section","heading":"Making of Rule","content":"### sec.261 Making of Rule\n\nSubject to this section, if the AEMC, in its final Rule determination, determines to make a Rule, the AEMC must make the relevant Rule as soon as practicable after the publication of the final Rule determination.\nNotice of the making of the Rule must be published in the South Australian Government Gazette as soon as practicable after the making of the Rule.\nThe AEMC must not make a trial Rule unless the date on which the Rule will expire (which must be no more than 5 years after the date on which the trial Rule commences operation) is specified in the Rule.\ns 261 amd 2022 No. 22 (SA) s 30\n(sec.261-ssec.1) Subject to this section, if the AEMC, in its final Rule determination, determines to make a Rule, the AEMC must make the relevant Rule as soon as practicable after the publication of the final Rule determination.\n(sec.261-ssec.2) Notice of the making of the Rule must be published in the South Australian Government Gazette as soon as practicable after the making of the Rule.\n(sec.261-ssec.3) The AEMC must not make a trial Rule unless the date on which the Rule will expire (which must be no more than 5 years after the date on which the trial Rule commences operation) is specified in the Rule.","sortOrder":406},{"sectionNumber":"sec.262","sectionType":"section","heading":"Operation and commencement of Rule","content":"### sec.262 Operation and commencement of Rule\n\nA Rule made under section 261 commences operation on the day the relevant notice is published in the South Australian Government Gazette or on any day after that day that is provided for in the relevant notice or the Rule.","sortOrder":407},{"sectionNumber":"sec.262A","sectionType":"section","heading":"Extension of trial Rule","content":"### sec.262A Extension of trial Rule\n\nSubject to this section, the AEMC may, on request, extend, by notice, the date on which a trial Rule will expire (the expiry date ) to a later date, being a date that falls not more than the period prescribed by the National Regulations after the expiry date.\nBefore extending the expiry date of a trial Rule, the AEMC—\nmust have regard to the innovative trial principles; and\nmust consult with the AER; and\nif the AEMC considers that the trial Rule, or the trial project to which the trial Rule relates, may impact on AEMO’s operation of national energy systems and national energy markets—must consult with AEMO; and\nmay consult with any other person.\nA request under subsection (1) must—\nbe made to the AEMC at least 60 days before the expiry date; and\nspecify the length of the extension required.\nA notice under subsection (1) must—\nbe published; and\nspecify the later date referred to in subsection (1) .\nThe expiry date of a trial Rule may only be extended once under subsection (1) .\ns 262A ins 2022 No. 22 (SA) s 31\n(sec.262A-ssec.1) Subject to this section, the AEMC may, on request, extend, by notice, the date on which a trial Rule will expire (the expiry date ) to a later date, being a date that falls not more than the period prescribed by the National Regulations after the expiry date.\n(sec.262A-ssec.2) Before extending the expiry date of a trial Rule, the AEMC— must have regard to the innovative trial principles; and must consult with the AER; and if the AEMC considers that the trial Rule, or the trial project to which the trial Rule relates, may impact on AEMO’s operation of national energy systems and national energy markets—must consult with AEMO; and may consult with any other person.\n(sec.262A-ssec.3) A request under subsection (1) must— be made to the AEMC at least 60 days before the expiry date; and specify the length of the extension required.\n(sec.262A-ssec.4) A notice under subsection (1) must— be published; and specify the later date referred to in subsection (1) .\n(sec.262A-ssec.5) The expiry date of a trial Rule may only be extended once under subsection (1) .\n- (a) must have regard to the innovative trial principles; and\n- (b) must consult with the AER; and\n- (c) if the AEMC considers that the trial Rule, or the trial project to which the trial Rule relates, may impact on AEMO’s operation of national energy systems and national energy markets—must consult with AEMO; and\n- (d) may consult with any other person.\n- (a) be made to the AEMC at least 60 days before the expiry date; and\n- (b) specify the length of the extension required.\n- (a) be published; and\n- (b) specify the later date referred to in subsection (1) .","sortOrder":408},{"sectionNumber":"sec.262B","sectionType":"section","heading":"AEMC may impose requirements on proponent of trial project on making trial Rule","content":"### sec.262B AEMC may impose requirements on proponent of trial project on making trial Rule\n\nThe AEMC may, in connection with making a trial Rule, by notice, impose requirements on a person or body that proposes to undertake the trial project (a proponent ) to which the trial Rule relates.\nWithout limiting subsection (1) , the AEMC may impose a requirement that 1 or more reports be submitted to the AER in relation to the trial project.\nA notice under subsection (1) must—\nbe published; and\ncomply with any other requirements prescribed by the National Regulations.\nA proponent to which requirements imposed under this section apply must comply with those requirements.\nIf a proponent breaches subsection (4) and, as a result of the breach, the AER recommends that a trial Rule be revoked before the date on which the Rule will expire, the AEMC may—\nrevoke the trial Rule; or\nvary or revoke a requirement imposed on the proponent, or impose further requirements on the proponent.\ns 262B ins 2022 No. 22 (SA) s 31\n(sec.262B-ssec.1) The AEMC may, in connection with making a trial Rule, by notice, impose requirements on a person or body that proposes to undertake the trial project (a proponent ) to which the trial Rule relates.\n(sec.262B-ssec.2) Without limiting subsection (1) , the AEMC may impose a requirement that 1 or more reports be submitted to the AER in relation to the trial project.\n(sec.262B-ssec.3) A notice under subsection (1) must— be published; and comply with any other requirements prescribed by the National Regulations.\n(sec.262B-ssec.4) A proponent to which requirements imposed under this section apply must comply with those requirements.\n(sec.262B-ssec.5) If a proponent breaches subsection (4) and, as a result of the breach, the AER recommends that a trial Rule be revoked before the date on which the Rule will expire, the AEMC may— revoke the trial Rule; or vary or revoke a requirement imposed on the proponent, or impose further requirements on the proponent.\n- (a) be published; and\n- (b) comply with any other requirements prescribed by the National Regulations.\n- (a) revoke the trial Rule; or\n- (b) vary or revoke a requirement imposed on the proponent, or impose further requirements on the proponent.","sortOrder":409},{"sectionNumber":"sec.262C","sectionType":"section","heading":"AEMC may revoke trial Rule on recommendation of AER","content":"### sec.262C AEMC may revoke trial Rule on recommendation of AER\n\nThe AEMC may, on the recommendation of the AER, revoke a trial Rule in accordance with this Part.\nThis section is in addition to, and does not limit, section 262B .\ns 262C ins 2022 No. 22 (SA) s 31\n(sec.262C-ssec.1) The AEMC may, on the recommendation of the AER, revoke a trial Rule in accordance with this Part.\n(sec.262C-ssec.2) This section is in addition to, and does not limit, section 262B .","sortOrder":410},{"sectionNumber":"sec.262D","sectionType":"section","heading":"Special provision for revocation of trial Rule","content":"### sec.262D Special provision for revocation of trial Rule\n\nDivision 1 Subdivision 2 , Division 4 and Division 5 do not apply to the revocation of a trial Rule by the AEMC under section 262B (5) (a) or 262C (1) .\nAs soon as practicable after revoking a trial Rule under section 262B (5) (a) or 262C (1) , the AEMC must—\npublish notice of the revocation, specifying the date on which the revocation takes effect, on its website; and\npublish reasons for the revocation on its website.\ns 262D ins 2022 No. 22 (SA) s 31\n(sec.262D-ssec.1) Division 1 Subdivision 2 , Division 4 and Division 5 do not apply to the revocation of a trial Rule by the AEMC under section 262B (5) (a) or 262C (1) .\n(sec.262D-ssec.2) As soon as practicable after revoking a trial Rule under section 262B (5) (a) or 262C (1) , the AEMC must— publish notice of the revocation, specifying the date on which the revocation takes effect, on its website; and publish reasons for the revocation on its website.\n- (a) publish notice of the revocation, specifying the date on which the revocation takes effect, on its website; and\n- (b) publish reasons for the revocation on its website.","sortOrder":411},{"sectionNumber":"sec.263","sectionType":"section","heading":"Rule that is made to be published on website and made available to the public","content":"### sec.263 Rule that is made to be published on website and made available to the public\n\nOn publication of a notice in accordance with section 261 (2) , the AEMC must, without delay—\npublish the Rule on its website; and\nmake copies of the Rule available to the public at its offices.\n- (a) publish the Rule on its website; and\n- (b) make copies of the Rule available to the public at its offices.","sortOrder":412},{"sectionNumber":"sec.264","sectionType":"section","heading":"AEMC must publish and make available up to date versions of Rules","content":"### sec.264 AEMC must publish and make available up to date versions of Rules\n\nThe AEMC must, at all times—\nmaintain, on its website, a copy of the National Energy Retail Rules , as in force from time to time; and\nmake copies of the National Energy Retail Rules , as in force from time to time, available to the public for inspection at its offices during business hours.\n- (a) maintain, on its website, a copy of the National Energy Retail Rules , as in force from time to time; and\n- (b) make copies of the National Energy Retail Rules , as in force from time to time, available to the public for inspection at its offices during business hours.","sortOrder":413},{"sectionNumber":"sec.265","sectionType":"section","heading":"Evidence of the National Energy Retail Rules","content":"### sec.265 Evidence of the National Energy Retail Rules\n\nA document purporting to be a copy of—\nthe National Energy Retail Rules ; or\nthe initial National Energy Retail Rules ; or\nan amendment to the initial National Energy Retail Rules or the National Energy Retail Rules ,\nendorsed with a certificate to which the seal of the AEMC has been duly affixed certifying the document is such a copy, is evidence that the document is such a copy.\n- (a) the National Energy Retail Rules ; or\n- (b) the initial National Energy Retail Rules ; or\n- (c) an amendment to the initial National Energy Retail Rules or the National Energy Retail Rules ,","sortOrder":414},{"sectionNumber":"pt.10-div.5","sectionType":"division","heading":"Miscellaneous provisions relating to Rule making by the AEMC","content":"## Miscellaneous provisions relating to Rule making by the AEMC","sortOrder":415},{"sectionNumber":"sec.266","sectionType":"section","heading":"Extensions of periods of time in Rule making procedure","content":"### sec.266 Extensions of periods of time in Rule making procedure\n\nDespite anything to the contrary in this Part and without limiting section 267 , the AEMC may, by notice, extend a period of time specified in Division 4 if the AEMC considers that a request for a Rule raises issues of sufficient complexity or difficulty or there is a material change in circumstances such that it is necessary that the relevant period of time specified in Division 4 be extended.\nA notice under subsection (1) must—\nbe published; and\nset out the period of time specified in Division 4 to be extended; and\nspecify a new period of time to apply in the place of the period of time specified in Division 4 .\nA notice under subsection (1) may be published at the same time as a notice under section 251 .\nThe AEMC may only extend a period of time under this section before the expiry of that time.\n(sec.266-ssec.1) Despite anything to the contrary in this Part and without limiting section 267 , the AEMC may, by notice, extend a period of time specified in Division 4 if the AEMC considers that a request for a Rule raises issues of sufficient complexity or difficulty or there is a material change in circumstances such that it is necessary that the relevant period of time specified in Division 4 be extended.\n(sec.266-ssec.2) A notice under subsection (1) must— be published; and set out the period of time specified in Division 4 to be extended; and specify a new period of time to apply in the place of the period of time specified in Division 4 .\n(sec.266-ssec.3) A notice under subsection (1) may be published at the same time as a notice under section 251 .\n(sec.266-ssec.4) The AEMC may only extend a period of time under this section before the expiry of that time.\n- (a) be published; and\n- (b) set out the period of time specified in Division 4 to be extended; and\n- (c) specify a new period of time to apply in the place of the period of time specified in Division 4 .","sortOrder":416},{"sectionNumber":"sec.267","sectionType":"section","heading":"AEMC may extend period of time for making of final Rule determination for further consultation","content":"### sec.267 AEMC may extend period of time for making of final Rule determination for further consultation\n\nThis section applies if—\na person or body raises an issue in—\na submission or comment in relation to a draft Rule determination; or\na hearing held under section 255 or 258 ; and\nthe AEMC considers the issue raised by the person or body requires further public consultation in relation to the proposed Rule or draft Rule determination.\nDespite anything to the contrary in this Part and without limiting section 266 , the AEMC may, by notice, extend the period of time specified in section 259 within which it must make a final Rule determination.\nA notice under subsection (2) must—\nbe published; and\nspecify a new period of time to apply in the place of the period of time specified in section 259 ; and\nspecify the issue on which the AEMC requires further public submissions and comments; and\ninvite written submissions and comments from any person or body by the date specified in the notice.\nThe new period of time must not have the effect of extending the relevant period of time specified in section 259 by more than 4 weeks.\nThe AEMC may only extend the period of time under this section before the expiry of the time specified in section 259 .\nAny person or body, within the period specified in a notice under subsection (2) , may make a written submission or comment in relation to the issue specified in the notice.\n(sec.267-ssec.1) This section applies if— a person or body raises an issue in— a submission or comment in relation to a draft Rule determination; or a hearing held under section 255 or 258 ; and the AEMC considers the issue raised by the person or body requires further public consultation in relation to the proposed Rule or draft Rule determination.\n(sec.267-ssec.2) Despite anything to the contrary in this Part and without limiting section 266 , the AEMC may, by notice, extend the period of time specified in section 259 within which it must make a final Rule determination.\n(sec.267-ssec.3) A notice under subsection (2) must— be published; and specify a new period of time to apply in the place of the period of time specified in section 259 ; and specify the issue on which the AEMC requires further public submissions and comments; and invite written submissions and comments from any person or body by the date specified in the notice.\n(sec.267-ssec.4) The new period of time must not have the effect of extending the relevant period of time specified in section 259 by more than 4 weeks.\n(sec.267-ssec.5) The AEMC may only extend the period of time under this section before the expiry of the time specified in section 259 .\n(sec.267-ssec.6) Any person or body, within the period specified in a notice under subsection (2) , may make a written submission or comment in relation to the issue specified in the notice.\n- (a) a person or body raises an issue in— (i) a submission or comment in relation to a draft Rule determination; or (ii) a hearing held under section 255 or 258 ; and\n- (i) a submission or comment in relation to a draft Rule determination; or\n- (ii) a hearing held under section 255 or 258 ; and\n- (b) the AEMC considers the issue raised by the person or body requires further public consultation in relation to the proposed Rule or draft Rule determination.\n- (i) a submission or comment in relation to a draft Rule determination; or\n- (ii) a hearing held under section 255 or 258 ; and\n- (a) be published; and\n- (b) specify a new period of time to apply in the place of the period of time specified in section 259 ; and\n- (c) specify the issue on which the AEMC requires further public submissions and comments; and\n- (d) invite written submissions and comments from any person or body by the date specified in the notice.","sortOrder":417},{"sectionNumber":"sec.268","sectionType":"section","heading":"AEMC may publish written submissions and comments unless confidential","content":"### sec.268 AEMC may publish written submissions and comments unless confidential\n\nSubject to this section, the AEMC may publish any information in any written submission or comment given to it under this Part unless—\nthe person or body who gave the information, claims, when giving it to the AEMC, that it contains confidential information; and\nthe AEMC decides that the written submission or comment contains confidential information.\nA written submission or comment given to the AEMC under this Part that has been claimed under this section to contain confidential information, and that the AEMC has decided contains confidential information, may be published if that information is omitted.\nIf information is omitted from a published written submission or comment given to the AEMC under this Part as being confidential information, a note to that effect must be included in the submission or comment at the place in the submission or comment from which the information is omitted.\nSee also section 223 of this Law and section 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.\n(sec.268-ssec.1) Subject to this section, the AEMC may publish any information in any written submission or comment given to it under this Part unless— the person or body who gave the information, claims, when giving it to the AEMC, that it contains confidential information; and the AEMC decides that the written submission or comment contains confidential information.\n(sec.268-ssec.2) A written submission or comment given to the AEMC under this Part that has been claimed under this section to contain confidential information, and that the AEMC has decided contains confidential information, may be published if that information is omitted.\n(sec.268-ssec.3) If information is omitted from a published written submission or comment given to the AEMC under this Part as being confidential information, a note to that effect must be included in the submission or comment at the place in the submission or comment from which the information is omitted.\n- (a) the person or body who gave the information, claims, when giving it to the AEMC, that it contains confidential information; and\n- (b) the AEMC decides that the written submission or comment contains confidential information.","sortOrder":418},{"sectionNumber":"sec.269","sectionType":"section","heading":"AEMC must publicly report on Rules not made within 12 months of public notification of requests","content":"### sec.269 AEMC must publicly report on Rules not made within 12 months of public notification of requests\n\nThis section applies if the AEMC—\npublishes a notice under section 251 in respect of a request for the making of a Rule; but\ndoes not make a final Rule determination in respect of that request within 12 months after the publication of that notice ( the report trigger date ).\nThe AEMC must prepare a report on the request as soon as practicable after the report trigger date.\nA report prepared under this section must—\ncontain the reasons why the final Rule determination has not been made within 12 months after the publication of the notice under section 251 ; and\nspecify when the AEMC considers it will make the final Rule determination; and\nbe published.\n(sec.269-ssec.1) This section applies if the AEMC— publishes a notice under section 251 in respect of a request for the making of a Rule; but does not make a final Rule determination in respect of that request within 12 months after the publication of that notice ( the report trigger date ).\n(sec.269-ssec.2) The AEMC must prepare a report on the request as soon as practicable after the report trigger date.\n(sec.269-ssec.3) A report prepared under this section must— contain the reasons why the final Rule determination has not been made within 12 months after the publication of the notice under section 251 ; and specify when the AEMC considers it will make the final Rule determination; and be published.\n- (a) publishes a notice under section 251 in respect of a request for the making of a Rule; but\n- (b) does not make a final Rule determination in respect of that request within 12 months after the publication of that notice ( the report trigger date ).\n- (a) contain the reasons why the final Rule determination has not been made within 12 months after the publication of the notice under section 251 ; and\n- (b) specify when the AEMC considers it will make the final Rule determination; and\n- (c) be published.","sortOrder":419},{"sectionNumber":"pt.11","sectionType":"part","heading":"National Energy Retail Regulations","content":"# National Energy Retail Regulations","sortOrder":420},{"sectionNumber":"sec.270","sectionType":"section","heading":"General regulation-making power for this Law","content":"### sec.270 General regulation-making power for this Law\n\nFor the purposes of this section, the designated authority is the Governor of the State of South Australia, or other officer for the time being administering the Government of that State, with the advice and consent of the Executive Council of that State and on the unanimous recommendation of the Ministers of the participating jurisdictions.\nThe designated authority may make Regulations (referred to as the “National Regulations”) for the purposes of this Law.\nWithout limiting subsection (2) , the National Regulations may make provision for or with respect to any matter in respect of which a provision of this Law contemplates that National Regulations may be made.\nWithout limiting subsection (2) , the National Regulations may prescribe fees in respect of any matter under this Law, and provide for the waiver or refund of such fees.\nThe AER may charge fees for services it provides under section 44AAI of the Competition and Consumer Act 2010 of the Commonwealth.\nWithout limiting subsection (2) , the National Regulations may make provision for or with respect to electricity consumption benchmarks other than those prepared by the AER under the Rules.\nThe National Regulations may—\nbe of general or limited application; and\nvary according to the persons, times, places or circumstances to which they are expressed to apply; and\nin relation to fees, prescribe differential fees or provide for fees to be determined according to prescribed factors; and\napply, adopt or incorporate any publication as in force from time to time.\n(sec.270-ssec.1) For the purposes of this section, the designated authority is the Governor of the State of South Australia, or other officer for the time being administering the Government of that State, with the advice and consent of the Executive Council of that State and on the unanimous recommendation of the Ministers of the participating jurisdictions.\n(sec.270-ssec.2) The designated authority may make Regulations (referred to as the “National Regulations”) for the purposes of this Law.\n(sec.270-ssec.3) Without limiting subsection (2) , the National Regulations may make provision for or with respect to any matter in respect of which a provision of this Law contemplates that National Regulations may be made.\n(sec.270-ssec.4) Without limiting subsection (2) , the National Regulations may prescribe fees in respect of any matter under this Law, and provide for the waiver or refund of such fees. The AER may charge fees for services it provides under section 44AAI of the Competition and Consumer Act 2010 of the Commonwealth.\n(sec.270-ssec.5) Without limiting subsection (2) , the National Regulations may make provision for or with respect to electricity consumption benchmarks other than those prepared by the AER under the Rules.\n(sec.270-ssec.6) The National Regulations may— be of general or limited application; and vary according to the persons, times, places or circumstances to which they are expressed to apply; and in relation to fees, prescribe differential fees or provide for fees to be determined according to prescribed factors; and apply, adopt or incorporate any publication as in force from time to time.\n- (a) be of general or limited application; and\n- (b) vary according to the persons, times, places or circumstances to which they are expressed to apply; and\n- (c) in relation to fees, prescribe differential fees or provide for fees to be determined according to prescribed factors; and\n- (d) apply, adopt or incorporate any publication as in force from time to time.","sortOrder":421},{"sectionNumber":"sec.271","sectionType":"section","heading":"Specific regulation‐making power","content":"### sec.271 Specific regulation‐making power\n\nWithout limiting the generality of section 270 , the National Regulations may deal with matters of a transitional nature relating to the transition from the application of provisions of the energy laws to the application of provisions of this Law and the Rules.\nAny provision of the National Regulations that deals with a matter of a transitional nature under subsection (1) may be expressed to take effect from a time that is earlier than the beginning of the day on which the Regulations containing the provision are made, not being a time earlier than the commencement of this subsection.\nIf a provision of a National Regulation is expressed to take effect from a time that is earlier than the beginning of the day on which the Regulations containing the provision are made, the provision must also provide that the provision does not operate so as—\nto prejudicially affect the rights of a person (other than the rights of a Minister of a participating jurisdiction or an entity involved in the administration of the jurisdictional energy legislation or the National Energy Retail Law ) existing before the date of making of those Regulations; or\nto impose liabilities on any person (other than liabilities imposed on a Minister of a participating jurisdiction or an entity involved in the administration of the jurisdictional energy legislation or the National Energy Retail Law ) in respect of anything done or omitted to be done before the date of making of those Regulations.\nIn this section—\nmatters of a transitional nature includes matters of an application or savings nature;\nNational Energy Retail Law means this Law as in force from time to time after the commencement of this section, or the Rules as in force from time to time after the commencement of this section.\n(sec.271-ssec.1) Without limiting the generality of section 270 , the National Regulations may deal with matters of a transitional nature relating to the transition from the application of provisions of the energy laws to the application of provisions of this Law and the Rules.\n(sec.271-ssec.2) Any provision of the National Regulations that deals with a matter of a transitional nature under subsection (1) may be expressed to take effect from a time that is earlier than the beginning of the day on which the Regulations containing the provision are made, not being a time earlier than the commencement of this subsection.\n(sec.271-ssec.3) If a provision of a National Regulation is expressed to take effect from a time that is earlier than the beginning of the day on which the Regulations containing the provision are made, the provision must also provide that the provision does not operate so as— to prejudicially affect the rights of a person (other than the rights of a Minister of a participating jurisdiction or an entity involved in the administration of the jurisdictional energy legislation or the National Energy Retail Law ) existing before the date of making of those Regulations; or to impose liabilities on any person (other than liabilities imposed on a Minister of a participating jurisdiction or an entity involved in the administration of the jurisdictional energy legislation or the National Energy Retail Law ) in respect of anything done or omitted to be done before the date of making of those Regulations.\n(sec.271-ssec.4) In this section— matters of a transitional nature includes matters of an application or savings nature; National Energy Retail Law means this Law as in force from time to time after the commencement of this section, or the Rules as in force from time to time after the commencement of this section.\n- (a) to prejudicially affect the rights of a person (other than the rights of a Minister of a participating jurisdiction or an entity involved in the administration of the jurisdictional energy legislation or the National Energy Retail Law ) existing before the date of making of those Regulations; or\n- (b) to impose liabilities on any person (other than liabilities imposed on a Minister of a participating jurisdiction or an entity involved in the administration of the jurisdictional energy legislation or the National Energy Retail Law ) in respect of anything done or omitted to be done before the date of making of those Regulations.","sortOrder":422},{"sectionNumber":"pt.12","sectionType":"part","heading":"Compliance and performance","content":"# Compliance and performance","sortOrder":423},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"AER compliance regime","content":"## AER compliance regime","sortOrder":424},{"sectionNumber":"sec.272","sectionType":"section","heading":"Obligation of AER to monitor compliance","content":"### sec.272 Obligation of AER to monitor compliance\n\nThe AER must monitor compliance of regulated entities and other persons with the requirements of this Law, the National Regulations and the Rules applicable to them.","sortOrder":425},{"sectionNumber":"sec.273","sectionType":"section","heading":"Obligation of regulated entities to establish arrangements to monitor compliance","content":"### sec.273 Obligation of regulated entities to establish arrangements to monitor compliance\n\nA regulated entity must establish policies, systems and procedures to enable it to efficiently and effectively monitor its compliance with the requirements of this Law, the National Regulations and the Rules.\nThe policies, systems and procedures must be established and observed in accordance with the relevant provisions of the AER Compliance Procedures and Guidelines.\n(sec.273-ssec.1) A regulated entity must establish policies, systems and procedures to enable it to efficiently and effectively monitor its compliance with the requirements of this Law, the National Regulations and the Rules.\n(sec.273-ssec.2) The policies, systems and procedures must be established and observed in accordance with the relevant provisions of the AER Compliance Procedures and Guidelines.","sortOrder":426},{"sectionNumber":"sec.274","sectionType":"section","heading":"Obligation of regulated entities to provide information and data about compliance","content":"### sec.274 Obligation of regulated entities to provide information and data about compliance\n\nA regulated entity must submit to the AER, in the manner and form (including by the date or dates) required by the AER Compliance Procedures and Guidelines, information and data relating to the compliance of the entity with the requirements of this Law, the National Regulations and the Rules.\nThis subsection is a civil penalty provision.\nThe AER may use any information or data provided by a regulated entity under this section for the purposes of any of the functions and powers of the AER under—\nsection 204 of this Law; or\nsection 15 of the NEL; or\nsection 27 of the NGL.\nThe AER is subject to Division 3 of Part 8 of this Law and section 44AAF of the Competition and Consumer Act 2010 of the Commonwealth in respect of the disclosure of confidential information it receives.\n(sec.274-ssec.1) A regulated entity must submit to the AER, in the manner and form (including by the date or dates) required by the AER Compliance Procedures and Guidelines, information and data relating to the compliance of the entity with the requirements of this Law, the National Regulations and the Rules. This subsection is a civil penalty provision.\n(sec.274-ssec.2) The AER may use any information or data provided by a regulated entity under this section for the purposes of any of the functions and powers of the AER under— section 204 of this Law; or section 15 of the NEL; or section 27 of the NGL.\n- (a) section 204 of this Law; or\n- (b) section 15 of the NEL; or\n- (c) section 27 of the NGL.","sortOrder":427},{"sectionNumber":"sec.275","sectionType":"section","heading":"Compliance audits by AER","content":"### sec.275 Compliance audits by AER\n\nThe AER may—\ncarry out compliance audits; or\narrange for the carrying out by contractors or other persons of compliance audits on behalf of the AER,\nof any or all activities of a regulated entity for the purpose of assessing the entity’s compliance with the requirements of this Law, the National Regulations and the Rules.\nWithout limitation, compliance audits may be carried out by or on behalf of the AER in respect of—\nthe compliance by retailers with their obligations under Division 6 of Part 2 and the Rules in relation to hardship customers; and\nthe implementation by retailers of their customer hardship policies.\n(sec.275-ssec.1) The AER may— carry out compliance audits; or arrange for the carrying out by contractors or other persons of compliance audits on behalf of the AER, of any or all activities of a regulated entity for the purpose of assessing the entity’s compliance with the requirements of this Law, the National Regulations and the Rules.\n(sec.275-ssec.2) Without limitation, compliance audits may be carried out by or on behalf of the AER in respect of— the compliance by retailers with their obligations under Division 6 of Part 2 and the Rules in relation to hardship customers; and the implementation by retailers of their customer hardship policies.\n- (a) carry out compliance audits; or\n- (b) arrange for the carrying out by contractors or other persons of compliance audits on behalf of the AER,\n- (a) the compliance by retailers with their obligations under Division 6 of Part 2 and the Rules in relation to hardship customers; and\n- (b) the implementation by retailers of their customer hardship policies.","sortOrder":428},{"sectionNumber":"sec.276","sectionType":"section","heading":"Compliance audits by regulated entities","content":"### sec.276 Compliance audits by regulated entities\n\nA regulated entity must, if so required by the AER, carry out a compliance audit in connection with specified aspects of the activities of the entity in relation to the entity’s compliance with the requirements of this Law, the National Regulations and the Rules.\nWithout limitation, a retailer must, if so required by the AER, carry out a compliance audit in respect of the compliance by the retailer and associates of the retailer with their obligations under the Rules relating to marketing.\nIf the AER requires a regulated entity to carry out a compliance audit under this section, the entity may arrange for the audit to be carried out on its behalf by contractors or other persons, but the entity remains responsible for the audit.\nA regulated entity must, within a period specified by the AER, provide the AER with the results of a compliance audit carried out under this section.\nSubsections (1) , (2) and (4) are civil penalty provisions.\n(sec.276-ssec.1) A regulated entity must, if so required by the AER, carry out a compliance audit in connection with specified aspects of the activities of the entity in relation to the entity’s compliance with the requirements of this Law, the National Regulations and the Rules.\n(sec.276-ssec.2) Without limitation, a retailer must, if so required by the AER, carry out a compliance audit in respect of the compliance by the retailer and associates of the retailer with their obligations under the Rules relating to marketing.\n(sec.276-ssec.3) If the AER requires a regulated entity to carry out a compliance audit under this section, the entity may arrange for the audit to be carried out on its behalf by contractors or other persons, but the entity remains responsible for the audit.\n(sec.276-ssec.4) A regulated entity must, within a period specified by the AER, provide the AER with the results of a compliance audit carried out under this section.","sortOrder":429},{"sectionNumber":"sec.277","sectionType":"section","heading":"Carrying out of compliance audits","content":"### sec.277 Carrying out of compliance audits\n\nA compliance audit is to be carried out in accordance with the AER Compliance Procedures and Guidelines.","sortOrder":430},{"sectionNumber":"sec.278","sectionType":"section","heading":"Cost of compliance audits","content":"### sec.278 Cost of compliance audits\n\nThe cost of conducting a compliance audit under section 275 is to be an amount determined in accordance with the AER Compliance Procedures and Guidelines and is recoverable by the AER from the regulated entity concerned.\nThe cost of conducting a compliance audit under section 276 is to be borne by the regulated entity concerned.\n(sec.278-ssec.1) The cost of conducting a compliance audit under section 275 is to be an amount determined in accordance with the AER Compliance Procedures and Guidelines and is recoverable by the AER from the regulated entity concerned.\n(sec.278-ssec.2) The cost of conducting a compliance audit under section 276 is to be borne by the regulated entity concerned.","sortOrder":431},{"sectionNumber":"sec.279","sectionType":"section","heading":"Compliance reports","content":"### sec.279 Compliance reports\n\nThe AER must, as soon as practicable after 30 June (but on or before 30 November) in each year publish a report (a compliance report ) on the matters referred to in section 280 in respect of the period of 12 months ending with 30 June in that year.\nThe AER must publish each compliance report on its website.\n(sec.279-ssec.1) The AER must, as soon as practicable after 30 June (but on or before 30 November) in each year publish a report (a compliance report ) on the matters referred to in section 280 in respect of the period of 12 months ending with 30 June in that year.\n(sec.279-ssec.2) The AER must publish each compliance report on its website.","sortOrder":432},{"sectionNumber":"sec.280","sectionType":"section","heading":"Contents of compliance reports","content":"### sec.280 Contents of compliance reports\n\nA compliance report must, in accordance with the AER Compliance Procedures and Guidelines, include the following (in relation to the period to which the report relates):\na report in relation to the AER’s monitoring activities under this Law;\na report on the extent to which regulated entities have complied, or failed to comply, with their obligations under this Law, the National Regulations and the Rules;\nwithout limiting paragraph (b) , a report on the compliance by retailers and associates of retailers with their obligations under the Rules relating to energy marketing activities;\na report on any additional matters that the AER considers appropriate for inclusion.\n- (a) a report in relation to the AER’s monitoring activities under this Law;\n- (b) a report on the extent to which regulated entities have complied, or failed to comply, with their obligations under this Law, the National Regulations and the Rules;\n- (c) without limiting paragraph (b) , a report on the compliance by retailers and associates of retailers with their obligations under the Rules relating to energy marketing activities;\n- (d) a report on any additional matters that the AER considers appropriate for inclusion.","sortOrder":433},{"sectionNumber":"sec.281","sectionType":"section","heading":"AER Compliance Procedures and Guidelines","content":"### sec.281 AER Compliance Procedures and Guidelines\n\nThe AER must make procedures and guidelines ( AER Compliance Procedures and Guidelines ) in accordance with the retail consultation procedure.\nWithout limitation, the AER Compliance Procedures and Guidelines may provide guidance for regulated entities about the following:\ncompliance with the requirements of this Law, the National Regulations and the Rules;\nthe carrying out of compliance audits, and the costs payable by regulated entities, under this Division;\nthe receiving and recording by regulated entities of explicit informed consent given by small customers;\nthe AER’s acceptance of enforceable undertakings under section 288 ;\nthe provision of information by distributors for the purpose of benchmarks for energy consumption for residential customers in accordance with the Rules;\nany additional matters that the AER intends to include in its compliance reports.\nThe AER Compliance Procedures and Guidelines must provide for the manner and form in which regulated entities must submit information and data to the AER under section 274 , including the date or dates each year by which that information and data must be submitted to the AER.\nThe AER Compliance Procedures and Guidelines may include a statement of the AER’s compliance priorities.\nThe AER may amend the AER Compliance Procedures and Guidelines in accordance with the retail consultation procedure.\nThe AER Compliance Procedures and Guidelines may form part of similar guidelines under this Law or the NEL or the NGL.\n(sec.281-ssec.1) The AER must make procedures and guidelines ( AER Compliance Procedures and Guidelines ) in accordance with the retail consultation procedure.\n(sec.281-ssec.2) Without limitation, the AER Compliance Procedures and Guidelines may provide guidance for regulated entities about the following: compliance with the requirements of this Law, the National Regulations and the Rules; the carrying out of compliance audits, and the costs payable by regulated entities, under this Division; the receiving and recording by regulated entities of explicit informed consent given by small customers; the AER’s acceptance of enforceable undertakings under section 288 ; the provision of information by distributors for the purpose of benchmarks for energy consumption for residential customers in accordance with the Rules; any additional matters that the AER intends to include in its compliance reports.\n(sec.281-ssec.3) The AER Compliance Procedures and Guidelines must provide for the manner and form in which regulated entities must submit information and data to the AER under section 274 , including the date or dates each year by which that information and data must be submitted to the AER.\n(sec.281-ssec.4) The AER Compliance Procedures and Guidelines may include a statement of the AER’s compliance priorities.\n(sec.281-ssec.5) The AER may amend the AER Compliance Procedures and Guidelines in accordance with the retail consultation procedure.\n(sec.281-ssec.6) The AER Compliance Procedures and Guidelines may form part of similar guidelines under this Law or the NEL or the NGL.\n- (a) compliance with the requirements of this Law, the National Regulations and the Rules;\n- (b) the carrying out of compliance audits, and the costs payable by regulated entities, under this Division;\n- (c) the receiving and recording by regulated entities of explicit informed consent given by small customers;\n- (d) the AER’s acceptance of enforceable undertakings under section 288 ;\n- (e) the provision of information by distributors for the purpose of benchmarks for energy consumption for residential customers in accordance with the Rules;\n- (f) any additional matters that the AER intends to include in its compliance reports.","sortOrder":434},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"AER performance regime","content":"## AER performance regime","sortOrder":435},{"sectionNumber":"sec.282","sectionType":"section","heading":"Obligation of regulated entities to provide information and data about performance","content":"### sec.282 Obligation of regulated entities to provide information and data about performance\n\nA regulated entity must submit to the AER, in the manner and form (including by the date or dates) required by the AER Performance Reporting Procedures and Guidelines, information and data relating to—\nthe performance of the entity against the hardship program indicators and distributor service standards; and\nthe activities of the entity in relation to any other matters that are required by the Rules to be included in a retail market performance report.\nThis subsection is a civil penalty provision.\nThe AER may use any information or data provided by a regulated entity under this section for the preparation of—\none or more retail market performance reports; or\none or more reports under the NEL or NGL,\nor both.\nThe AER is subject to Division 3 of Part 8 of this Law and section 44AAF of the Competition and Consumer Act 2010 of the Commonwealth in respect of the disclosure of confidential information it receives.\n(sec.282-ssec.1) A regulated entity must submit to the AER, in the manner and form (including by the date or dates) required by the AER Performance Reporting Procedures and Guidelines, information and data relating to— the performance of the entity against the hardship program indicators and distributor service standards; and the activities of the entity in relation to any other matters that are required by the Rules to be included in a retail market performance report. This subsection is a civil penalty provision.\n(sec.282-ssec.2) The AER may use any information or data provided by a regulated entity under this section for the preparation of— one or more retail market performance reports; or one or more reports under the NEL or NGL, or both.\n- (a) the performance of the entity against the hardship program indicators and distributor service standards; and\n- (b) the activities of the entity in relation to any other matters that are required by the Rules to be included in a retail market performance report. Note— This subsection is a civil penalty provision.\n- (a) one or more retail market performance reports; or\n- (b) one or more reports under the NEL or NGL,","sortOrder":436},{"sectionNumber":"sec.283","sectionType":"section","heading":"Performance audits—hardship","content":"### sec.283 Performance audits—hardship\n\nThe AER may conduct performance audits in respect of the performance of retailers by reference to hardship program indicators established by the AER and notified to retailers.","sortOrder":437},{"sectionNumber":"sec.284","sectionType":"section","heading":"Retail market performance reports","content":"### sec.284 Retail market performance reports\n\nThe AER must, as soon as practicable after 30 June (but on or before 30 November) in each year publish a report (a retail market performance report ) on the matters referred to in section 285 in respect of the period of 12 months ending with 30 June in that year.\nThe AER must publish each retail market performance report on its website.\n(sec.284-ssec.1) The AER must, as soon as practicable after 30 June (but on or before 30 November) in each year publish a report (a retail market performance report ) on the matters referred to in section 285 in respect of the period of 12 months ending with 30 June in that year.\n(sec.284-ssec.2) The AER must publish each retail market performance report on its website.","sortOrder":438},{"sectionNumber":"sec.285","sectionType":"section","heading":"Contents of retail market performance reports","content":"### sec.285 Contents of retail market performance reports\n\nA retail market performance report must, in accordance with the Rules and the AER Performance Reporting Procedures and Guidelines, include the following (in relation to the period to which the report relates):\na retail market overview;\na retail market activities report;\na report on the performance of retailers by reference to the hardship program indicators;\na report on the performance of distributors by reference to distributor service standards and associated GSL schemes;\na report on the performance of distributors in relation to the small compensation claims regime under Part 7 ;\na report on any additional matters that the AER considers appropriate for inclusion.\n- (a) a retail market overview;\n- (b) a retail market activities report;\n- (c) a report on the performance of retailers by reference to the hardship program indicators;\n- (d) a report on the performance of distributors by reference to distributor service standards and associated GSL schemes;\n- (e) a report on the performance of distributors in relation to the small compensation claims regime under Part 7 ;\n- (f) a report on any additional matters that the AER considers appropriate for inclusion.","sortOrder":439},{"sectionNumber":"sec.286","sectionType":"section","heading":"AER Performance Reporting Procedures and Guidelines","content":"### sec.286 AER Performance Reporting Procedures and Guidelines\n\nThe AER must make procedures and guidelines ( AER Performance Reporting Procedures and Guidelines ) in accordance with the retail consultation procedure.\nWithout limitation, the AER Performance Reporting Procedures and Guidelines may provide guidance for regulated entities about the following:\nmeasuring their performance against the hardship program indicators;\nany additional matters that the AER intends to include in its retail market performance reports.\nThe AER Performance Reporting Procedures and Guidelines must provide for the manner and form in which regulated entities must submit information and data to the AER under section 282 , including the date or dates each year by which that information and data must be submitted to the AER.\nThe AER may amend the AER Performance Reporting Procedures and Guidelines in accordance with the retail consultation procedure.\nThe AER Performance Reporting Procedures and Guidelines may form part of similar guidelines under this Law or the NEL or the NGL.\n(sec.286-ssec.1) The AER must make procedures and guidelines ( AER Performance Reporting Procedures and Guidelines ) in accordance with the retail consultation procedure.\n(sec.286-ssec.2) Without limitation, the AER Performance Reporting Procedures and Guidelines may provide guidance for regulated entities about the following: measuring their performance against the hardship program indicators; any additional matters that the AER intends to include in its retail market performance reports.\n(sec.286-ssec.3) The AER Performance Reporting Procedures and Guidelines must provide for the manner and form in which regulated entities must submit information and data to the AER under section 282 , including the date or dates each year by which that information and data must be submitted to the AER.\n(sec.286-ssec.4) The AER may amend the AER Performance Reporting Procedures and Guidelines in accordance with the retail consultation procedure.\n(sec.286-ssec.5) The AER Performance Reporting Procedures and Guidelines may form part of similar guidelines under this Law or the NEL or the NGL.\n- (a) measuring their performance against the hardship program indicators;\n- (b) any additional matters that the AER intends to include in its retail market performance reports.","sortOrder":440},{"sectionNumber":"sec.287","sectionType":"section","heading":"Hardship program indicators","content":"### sec.287 Hardship program indicators\n\nThe AER must determine and publish hardship program indicators in accordance with the Rules.\nThe Rules may make provision for or with respect to the content and development of, consultation about, and determination and amendment and publication of hardship program indicators.\n(sec.287-ssec.1) The AER must determine and publish hardship program indicators in accordance with the Rules.\n(sec.287-ssec.2) The Rules may make provision for or with respect to the content and development of, consultation about, and determination and amendment and publication of hardship program indicators.","sortOrder":441},{"sectionNumber":"pt.13","sectionType":"part","heading":"Enforcement","content":"# Enforcement","sortOrder":442},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Enforceable undertakings","content":"## Enforceable undertakings","sortOrder":443},{"sectionNumber":"sec.288","sectionType":"section","heading":"Enforceable undertakings","content":"### sec.288 Enforceable undertakings\n\nThe AER may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the AER has a function or power under this Law or the Rules.\nA person may withdraw or vary the undertaking at any time, but only with the consent of the AER.\nIf the AER considers that the person who gave the undertaking has breached any of its terms, the AER may apply to the Court for an order under subsection (4) .\nIf the Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders:\nan order directing the person to comply with that term of the undertaking;\nan order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\nany order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;\nany other order that the Court considers appropriate.\n(sec.288-ssec.1) The AER may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the AER has a function or power under this Law or the Rules.\n(sec.288-ssec.2) A person may withdraw or vary the undertaking at any time, but only with the consent of the AER.\n(sec.288-ssec.3) If the AER considers that the person who gave the undertaking has breached any of its terms, the AER may apply to the Court for an order under subsection (4) .\n(sec.288-ssec.4) If the Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders: an order directing the person to comply with that term of the undertaking; an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach; any order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach; any other order that the Court considers appropriate.\n- (a) an order directing the person to comply with that term of the undertaking;\n- (b) an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;\n- (c) any order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;\n- (d) any other order that the Court considers appropriate.","sortOrder":444},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Proceedings generally","content":"## Proceedings generally","sortOrder":445},{"sectionNumber":"sec.289","sectionType":"section","heading":"Instituting civil proceedings under this Law","content":"### sec.289 Instituting civil proceedings under this Law\n\nProceedings may not be instituted in a court in respect of a breach of a provision of this Law, the National Regulations or the Rules that is not an offence provision by any person except as provided for in this Part.\nThe AER may, in accordance with Division 3 , institute civil proceedings in respect of a breach of—\na provision of this Law that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or\na provision of the National Regulations that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or\na provision of the Rules (including a provision that is a civil penalty provision or a conduct provision).\nA person other than the AER may, in accordance with Division 3 , institute civil proceedings in respect of a breach of a conduct provision.\n(sec.289-ssec.1) Proceedings may not be instituted in a court in respect of a breach of a provision of this Law, the National Regulations or the Rules that is not an offence provision by any person except as provided for in this Part.\n(sec.289-ssec.2) The AER may, in accordance with Division 3 , institute civil proceedings in respect of a breach of— a provision of this Law that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or a provision of the National Regulations that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or a provision of the Rules (including a provision that is a civil penalty provision or a conduct provision).\n(sec.289-ssec.3) A person other than the AER may, in accordance with Division 3 , institute civil proceedings in respect of a breach of a conduct provision.\n- (a) a provision of this Law that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or\n- (b) a provision of the National Regulations that is not an offence provision (including a provision that is a civil penalty provision or conduct provision); or\n- (c) a provision of the Rules (including a provision that is a civil penalty provision or a conduct provision).","sortOrder":446},{"sectionNumber":"sec.290","sectionType":"section","heading":"Time limit within which proceedings may be instituted","content":"### sec.290 Time limit within which proceedings may be instituted\n\nThe AER may only institute a proceeding for a breach, by a person, of a provision of this Law, the National Regulations or the Rules that is not an offence provision within 6 years after the date on which the breach occurred.\nA person, other than the AER, may only institute a proceeding for a breach of a conduct provision by another person within 6 years after the date on which the breach occurred.\n(sec.290-ssec.1) The AER may only institute a proceeding for a breach, by a person, of a provision of this Law, the National Regulations or the Rules that is not an offence provision within 6 years after the date on which the breach occurred.\n(sec.290-ssec.2) A person, other than the AER, may only institute a proceeding for a breach of a conduct provision by another person within 6 years after the date on which the breach occurred.","sortOrder":447},{"sectionNumber":"pt.13-div.3","sectionType":"division","heading":"Proceedings for breaches of this Law, the National Regulations or the Rules","content":"## Proceedings for breaches of this Law, the National Regulations or the Rules","sortOrder":448},{"sectionNumber":"sec.291","sectionType":"section","heading":"AER proceedings for breaches of this Law, the National Regulations or the Rules that are not offences","content":"### sec.291 AER proceedings for breaches of this Law, the National Regulations or the Rules that are not offences\n\nThe Court may make an order, on application by the AER on behalf of the Commonwealth, declaring that a person has breached a provision of this Law, the National Regulations or the Rules that is not an offence provision.\nA Supreme Court of a participating jurisdiction that is a State may hear an application by the AER under subsection (1) by operation of section 39 (2) of the Judiciary Act 1903 of the Commonwealth.\nIf the order declares a person has breached a provision of this Law, the National Regulations or the Rules that is not an offence provision, the order may include one or more of the following:\nan order that the person pay a civil penalty determined in accordance with this Law, the National Regulations or the Rules if the breach is a breach of a civil penalty provision;\nan order that the person cease, within a specified period, the act, activity or practice constituting the breach;\nan order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;\nan order that the person implement a specified program for compliance with this Law, the National Regulations or the Rules;\nan order that the person perform a specified service that relates to the breach and that is for the benefit of the community or a section of the community;\nan order that the person, at the person’s expense, engage—\nanother person specified in the order; or\nanother person in a class of persons specified in the order,\nto perform a service that is specified in the order and that relates to the breach and that is for the benefit of the community or a section of the community;\nan order to ensure that the person does not engage in further conduct of the same nature, or similar or related conduct, during the period of the order (which cannot exceed 3 years), including—\nan order that the person establish a compliance program or an education and training program for employees or other persons involved in the person’s business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to the conduct constituting the breach, or similar or related conduct; or\nan order that the person revise the internal operations of the person’s business that led to the person committing the breach;\nan order that the person—\ndisclose, in the way and to the persons specified in the order, specified information, being information that the person has possession of or access to; and\npublish, at the person’s expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order;\nan order of a kind prescribed by the National Regulations.\nAn order under subsection (2) paragraph (db) is not enforceable against a person mentioned in paragraph (db) (i) or (ii) .\nIf a person has engaged, is engaging or is proposing to engage in any conduct in breach of a provision of this Law, the National Regulations or the Rules that is not an offence provision, the Court may, on application by the AER on behalf of the Commonwealth, grant an injunction—\nrestraining the person from engaging in the conduct; and\nif, in the Court’s opinion, it is desirable to do so—requiring the person to do something.\nThe power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised—\nif the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\nif it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\ns 291 amd 2020 No. 37 (SA) s 41\n(sec.291-ssec.1) The Court may make an order, on application by the AER on behalf of the Commonwealth, declaring that a person has breached a provision of this Law, the National Regulations or the Rules that is not an offence provision. A Supreme Court of a participating jurisdiction that is a State may hear an application by the AER under subsection (1) by operation of section 39 (2) of the Judiciary Act 1903 of the Commonwealth.\n(sec.291-ssec.2) If the order declares a person has breached a provision of this Law, the National Regulations or the Rules that is not an offence provision, the order may include one or more of the following: an order that the person pay a civil penalty determined in accordance with this Law, the National Regulations or the Rules if the breach is a breach of a civil penalty provision; an order that the person cease, within a specified period, the act, activity or practice constituting the breach; an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach; an order that the person implement a specified program for compliance with this Law, the National Regulations or the Rules; an order that the person perform a specified service that relates to the breach and that is for the benefit of the community or a section of the community; an order that the person, at the person’s expense, engage— another person specified in the order; or another person in a class of persons specified in the order, to perform a service that is specified in the order and that relates to the breach and that is for the benefit of the community or a section of the community; an order to ensure that the person does not engage in further conduct of the same nature, or similar or related conduct, during the period of the order (which cannot exceed 3 years), including— an order that the person establish a compliance program or an education and training program for employees or other persons involved in the person’s business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to the conduct constituting the breach, or similar or related conduct; or an order that the person revise the internal operations of the person’s business that led to the person committing the breach; an order that the person— disclose, in the way and to the persons specified in the order, specified information, being information that the person has possession of or access to; and publish, at the person’s expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order; an order of a kind prescribed by the National Regulations.\n(sec.291-ssec.2a) An order under subsection (2) paragraph (db) is not enforceable against a person mentioned in paragraph (db) (i) or (ii) .\n(sec.291-ssec.3) If a person has engaged, is engaging or is proposing to engage in any conduct in breach of a provision of this Law, the National Regulations or the Rules that is not an offence provision, the Court may, on application by the AER on behalf of the Commonwealth, grant an injunction— restraining the person from engaging in the conduct; and if, in the Court’s opinion, it is desirable to do so—requiring the person to do something.\n(sec.291-ssec.4) The power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised— if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n- (a) an order that the person pay a civil penalty determined in accordance with this Law, the National Regulations or the Rules if the breach is a breach of a civil penalty provision;\n- (b) an order that the person cease, within a specified period, the act, activity or practice constituting the breach;\n- (c) an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;\n- (d) an order that the person implement a specified program for compliance with this Law, the National Regulations or the Rules;\n- (da) an order that the person perform a specified service that relates to the breach and that is for the benefit of the community or a section of the community;\n- (db) an order that the person, at the person’s expense, engage— (i) another person specified in the order; or (ii) another person in a class of persons specified in the order, to perform a service that is specified in the order and that relates to the breach and that is for the benefit of the community or a section of the community;\n- (i) another person specified in the order; or\n- (ii) another person in a class of persons specified in the order,\n- (dc) an order to ensure that the person does not engage in further conduct of the same nature, or similar or related conduct, during the period of the order (which cannot exceed 3 years), including— (i) an order that the person establish a compliance program or an education and training program for employees or other persons involved in the person’s business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to the conduct constituting the breach, or similar or related conduct; or (ii) an order that the person revise the internal operations of the person’s business that led to the person committing the breach;\n- (i) an order that the person establish a compliance program or an education and training program for employees or other persons involved in the person’s business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to the conduct constituting the breach, or similar or related conduct; or\n- (ii) an order that the person revise the internal operations of the person’s business that led to the person committing the breach;\n- (dd) an order that the person— (i) disclose, in the way and to the persons specified in the order, specified information, being information that the person has possession of or access to; and (ii) publish, at the person’s expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order;\n- (i) disclose, in the way and to the persons specified in the order, specified information, being information that the person has possession of or access to; and\n- (ii) publish, at the person’s expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order;\n- (e) an order of a kind prescribed by the National Regulations.\n- (i) another person specified in the order; or\n- (ii) another person in a class of persons specified in the order,\n- (i) an order that the person establish a compliance program or an education and training program for employees or other persons involved in the person’s business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to the conduct constituting the breach, or similar or related conduct; or\n- (ii) an order that the person revise the internal operations of the person’s business that led to the person committing the breach;\n- (i) disclose, in the way and to the persons specified in the order, specified information, being information that the person has possession of or access to; and\n- (ii) publish, at the person’s expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order;\n- (a) restraining the person from engaging in the conduct; and\n- (b) if, in the Court’s opinion, it is desirable to do so—requiring the person to do something.\n- (a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n- (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.","sortOrder":449},{"sectionNumber":"sec.292","sectionType":"section","heading":"Proceedings for declaration that a person has breached a conduct provision","content":"### sec.292 Proceedings for declaration that a person has breached a conduct provision\n\nThe Court may make an order, on application by a person other than the AER, declaring that another person has breached a conduct provision.\nIf the order declares a person has breached a conduct provision, the order may include one or more of the following:\nan order that the person cease, within a specified period, the act, activity or practice constituting the breach;\nan order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;\nan order that the person implement a specified program for compliance with this Law, the National Regulations and the Rules;\nan order of a kind prescribed by the National Regulations.\nIf a person has engaged, is engaging or is proposing to engage in any conduct in breach of a conduct provision, the Court may, on application by another person (other than the AER), grant an injunction—\nrestraining the first mentioned person from engaging in the conduct; and\nif, in the Court’s opinion, it is desirable to do so—requiring the first mentioned person to do something.\nThe power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised—\nif the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\nif it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\ns 292 amd 2020 No. 37 (SA) s 42\n(sec.292-ssec.1) The Court may make an order, on application by a person other than the AER, declaring that another person has breached a conduct provision.\n(sec.292-ssec.2) If the order declares a person has breached a conduct provision, the order may include one or more of the following: an order that the person cease, within a specified period, the act, activity or practice constituting the breach; an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach; an order that the person implement a specified program for compliance with this Law, the National Regulations and the Rules; an order of a kind prescribed by the National Regulations.\n(sec.292-ssec.3) If a person has engaged, is engaging or is proposing to engage in any conduct in breach of a conduct provision, the Court may, on application by another person (other than the AER), grant an injunction— restraining the first mentioned person from engaging in the conduct; and if, in the Court’s opinion, it is desirable to do so—requiring the first mentioned person to do something.\n(sec.292-ssec.4) The power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised— if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n- (a) an order that the person cease, within a specified period, the act, activity or practice constituting the breach;\n- (b) an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;\n- (c) an order that the person implement a specified program for compliance with this Law, the National Regulations and the Rules;\n- (d) an order of a kind prescribed by the National Regulations.\n- (a) restraining the first mentioned person from engaging in the conduct; and\n- (b) if, in the Court’s opinion, it is desirable to do so—requiring the first mentioned person to do something.\n- (a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n- (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.","sortOrder":450},{"sectionNumber":"sec.293","sectionType":"section","heading":"Actions for damages by persons for breach of conduct provision","content":"### sec.293 Actions for damages by persons for breach of conduct provision\n\nA person other than the AER who suffers loss or damage by conduct of another person that was done in breach of a conduct provision may recover the amount of the loss or damage by action against that other person in a court of competent jurisdiction.","sortOrder":451},{"sectionNumber":"pt.13-div.4","sectionType":"division","heading":"Matters relating to breaches of this Law, the National Regulations or the Rules","content":"## Matters relating to breaches of this Law, the National Regulations or the Rules","sortOrder":452},{"sectionNumber":"sec.294","sectionType":"section","heading":"Matters for which there must be regard in determining amount of civil penalty","content":"### sec.294 Matters for which there must be regard in determining amount of civil penalty\n\nEvery civil penalty ordered to be paid by a person declared to have breached a provision of this Law, the National Regulations or the Rules must be determined having regard to all relevant matters, including—\nthe nature and extent of the breach; and\nthe nature and extent of any loss or damage suffered as a result of the breach; and\nwithout limiting the operation of section 4A (1) (c) (ii) (B) or (C)—the value of any benefit reasonably attributable to the breach that the person or, in the case of a body corporate, any related body corporate, has obtained, directly or indirectly; and\nthe circumstances in which the breach took place; and\nwhether the person has engaged in any similar conduct and been found to have breached a provision of this Law, the National Regulations or the Rules in respect of that conduct; and\nin the case of a regulated entity—whether the person has established, and has complied with, policies, systems and procedures under section 273 .\ns 294 amd 2020 No. 37 (SA) s 43\n- (a) the nature and extent of the breach; and\n- (b) the nature and extent of any loss or damage suffered as a result of the breach; and\n- (ba) without limiting the operation of section 4A (1) (c) (ii) (B) or (C)—the value of any benefit reasonably attributable to the breach that the person or, in the case of a body corporate, any related body corporate, has obtained, directly or indirectly; and\n- (c) the circumstances in which the breach took place; and\n- (d) whether the person has engaged in any similar conduct and been found to have breached a provision of this Law, the National Regulations or the Rules in respect of that conduct; and\n- (e) in the case of a regulated entity—whether the person has established, and has complied with, policies, systems and procedures under section 273 .","sortOrder":453},{"sectionNumber":"sec.295","sectionType":"section","heading":"Breach of a civil penalty provision is not an offence","content":"### sec.295 Breach of a civil penalty provision is not an offence\n\nA breach of a civil penalty provision is not an offence.","sortOrder":454},{"sectionNumber":"sec.296","sectionType":"section","heading":"Breaches of civil penalty provisions involving continuing failure","content":"### sec.296 Breaches of civil penalty provisions involving continuing failure\n\nFor the purpose of determining the civil penalty for a breach of a civil penalty provision, if the breach consists of a failure to do something that is required to be done, the breach is to be regarded as continuing until the act is done despite the fact that any period within which, or time before which, the act is required to be done has expired or passed.","sortOrder":455},{"sectionNumber":"sec.297","sectionType":"section","heading":"Conduct in breach of more than one civil penalty provision","content":"### sec.297 Conduct in breach of more than one civil penalty provision\n\nIf the conduct of a person constitutes a breach of 2 or more civil penalty provisions, proceedings may be instituted under this Law against the person in relation to the breach of any one or more of those provisions.\nHowever, the person is not liable to more than one civil penalty under this Law in respect of the same conduct.\n(sec.297-ssec.1) If the conduct of a person constitutes a breach of 2 or more civil penalty provisions, proceedings may be instituted under this Law against the person in relation to the breach of any one or more of those provisions.\n(sec.297-ssec.2) However, the person is not liable to more than one civil penalty under this Law in respect of the same conduct.","sortOrder":456},{"sectionNumber":"sec.298","sectionType":"section","heading":"Persons involved in breach of civil penalty provision or conduct provision","content":"### sec.298 Persons involved in breach of civil penalty provision or conduct provision\n\nA person must not—\naid, abet, counsel or procure a breach of a civil penalty provision or conduct provision by another person; or\nbe in any way directly or indirectly knowingly concerned in, or a party to, a breach of a civil penalty provision or conduct provision by another person.\nThis Law applies to a person who breaches subsection (1) in relation to a civil penalty provision or conduct provision as if the person were a person who has breached the civil penalty provision or conduct provision.\nA civil penalty provision or conduct provision that does not itself directly impose an obligation on any person but that is associated with another provision that directly imposes an obligation on a person is taken to impose an obligation on that person.\nA civil penalty provision or conduct provision that provides that a person—\nmay do something only in certain circumstances (however expressed) is taken to impose an obligation on the person not to do the thing except in those circumstances; or\nmay not do something in certain circumstances (however expressed) is taken to impose an obligation on the person not to do the thing in those circumstances.\nSubsections (3) and (4) do not of themselves create offences and do not apply to provisions, or in circumstances, prescribed by the National Regulations.\n(sec.298-ssec.1) A person must not— aid, abet, counsel or procure a breach of a civil penalty provision or conduct provision by another person; or be in any way directly or indirectly knowingly concerned in, or a party to, a breach of a civil penalty provision or conduct provision by another person.\n(sec.298-ssec.2) This Law applies to a person who breaches subsection (1) in relation to a civil penalty provision or conduct provision as if the person were a person who has breached the civil penalty provision or conduct provision.\n(sec.298-ssec.3) A civil penalty provision or conduct provision that does not itself directly impose an obligation on any person but that is associated with another provision that directly imposes an obligation on a person is taken to impose an obligation on that person.\n(sec.298-ssec.4) A civil penalty provision or conduct provision that provides that a person— may do something only in certain circumstances (however expressed) is taken to impose an obligation on the person not to do the thing except in those circumstances; or may not do something in certain circumstances (however expressed) is taken to impose an obligation on the person not to do the thing in those circumstances.\n(sec.298-ssec.5) Subsections (3) and (4) do not of themselves create offences and do not apply to provisions, or in circumstances, prescribed by the National Regulations.\n- (a) aid, abet, counsel or procure a breach of a civil penalty provision or conduct provision by another person; or\n- (b) be in any way directly or indirectly knowingly concerned in, or a party to, a breach of a civil penalty provision or conduct provision by another person.\n- (a) may do something only in certain circumstances (however expressed) is taken to impose an obligation on the person not to do the thing except in those circumstances; or\n- (b) may not do something in certain circumstances (however expressed) is taken to impose an obligation on the person not to do the thing in those circumstances.","sortOrder":457},{"sectionNumber":"sec.299","sectionType":"section","heading":"Attempt to breach a civil penalty provision","content":"### sec.299 Attempt to breach a civil penalty provision\n\nA person who attempts to commit a breach of a civil penalty provision commits a breach of that provision.","sortOrder":458},{"sectionNumber":"sec.300","sectionType":"section","heading":"Civil penalties payable to the Commonwealth","content":"### sec.300 Civil penalties payable to the Commonwealth\n\nIf a person is ordered to pay a civil penalty, the penalty is payable to the Commonwealth.","sortOrder":459},{"sectionNumber":"sec.300A","sectionType":"section","heading":"Indexation of civil penalty amounts","content":"### sec.300A Indexation of civil penalty amounts\n\nEach civil penalty amount is to be adjusted in accordance with the method prescribed by the National Regulations for the purposes of this section.\nThe first adjustment is to occur on 1 July 2023.\nThe next adjustment is to occur on 1 July 2026 and an adjustment is to occur on 1 July every 3 years after that.\nThe AER must, on or as soon as practicable after the date of the first adjustment and before each subsequent adjustment, publish on its website the civil penalty amounts that apply on and from the date of the adjustment. However, a failure by the AER to do so does not invalidate an adjustment.\nA civil penalty amount that is adjusted under this section applies to a breach of a civil penalty provision that occurs or is alleged to occur on or after the date of the adjustment.\nIn this section—\ncivil penalty amount means each amount specified in section 4A (1) (a) , (b) or (c) (i) or (ii) (A) .\ns 300A ins 2020 No. 37 (SA) s 44\n(sec.300A-ssec.1) Each civil penalty amount is to be adjusted in accordance with the method prescribed by the National Regulations for the purposes of this section.\n(sec.300A-ssec.2) The first adjustment is to occur on 1 July 2023.\n(sec.300A-ssec.3) The next adjustment is to occur on 1 July 2026 and an adjustment is to occur on 1 July every 3 years after that.\n(sec.300A-ssec.4) The AER must, on or as soon as practicable after the date of the first adjustment and before each subsequent adjustment, publish on its website the civil penalty amounts that apply on and from the date of the adjustment. However, a failure by the AER to do so does not invalidate an adjustment.\n(sec.300A-ssec.5) A civil penalty amount that is adjusted under this section applies to a breach of a civil penalty provision that occurs or is alleged to occur on or after the date of the adjustment.\n(sec.300A-ssec.6) In this section— civil penalty amount means each amount specified in section 4A (1) (a) , (b) or (c) (i) or (ii) (A) .","sortOrder":460},{"sectionNumber":"sec.300B","sectionType":"section","heading":"Indexation of criminal penalties","content":"### sec.300B Indexation of criminal penalties\n\nEach criminal penalty amount is to be adjusted in accordance with the method prescribed by the National Regulations for the purposes of this section.\nThe first adjustment is to occur on 1 July 2023.\nThe next adjustment is to occur on 1 July 2026 and an adjustment is to occur on 1 July every 3 years after that.\nThe AER must, on or as soon as practicable after the date of the first adjustment and before each subsequent adjustment, publish on its website the criminal penalty amounts that apply on and from the date of the adjustment. However, a failure by the AER to do so does not invalidate an adjustment.\nA criminal penalty amount that is adjusted under this section applies to a breach of a provision that occurs or is alleged to occur on or after the date of the adjustment.\nIn this section—\ncriminal penalty amount means any amount, specified in this Law, which is the maximum monetary penalty that may be imposed on conviction for the commission of an offence against this Law.\ns 300B ins 2020 No. 37 (SA) s 44\n(sec.300B-ssec.1) Each criminal penalty amount is to be adjusted in accordance with the method prescribed by the National Regulations for the purposes of this section.\n(sec.300B-ssec.2) The first adjustment is to occur on 1 July 2023.\n(sec.300B-ssec.3) The next adjustment is to occur on 1 July 2026 and an adjustment is to occur on 1 July every 3 years after that.\n(sec.300B-ssec.4) The AER must, on or as soon as practicable after the date of the first adjustment and before each subsequent adjustment, publish on its website the criminal penalty amounts that apply on and from the date of the adjustment. However, a failure by the AER to do so does not invalidate an adjustment.\n(sec.300B-ssec.5) A criminal penalty amount that is adjusted under this section applies to a breach of a provision that occurs or is alleged to occur on or after the date of the adjustment.\n(sec.300B-ssec.6) In this section— criminal penalty amount means any amount, specified in this Law, which is the maximum monetary penalty that may be imposed on conviction for the commission of an offence against this Law.","sortOrder":461},{"sectionNumber":"pt.13-div.5","sectionType":"division","heading":"Judicial review of decisions under this Law, the National Regulations and the Rules","content":"## Judicial review of decisions under this Law, the National Regulations and the Rules","sortOrder":462},{"sectionNumber":"sec.301","sectionType":"section","heading":"Definition","content":"### sec.301 Definition\n\nIn this Division—\nperson aggrieved includes a person whose interests are adversely affected.","sortOrder":463},{"sectionNumber":"sec.302","sectionType":"section","heading":"Applications for judicial review of decisions of the AEMC","content":"### sec.302 Applications for judicial review of decisions of the AEMC\n\nA person aggrieved by—\na decision or determination of the AEMC under this Law, the National Regulations or the Rules; or\na failure by the AEMC to make a decision or determination under this Law, the National Regulations or the Rules; or\nconduct engaged in, or proposed to be engaged in, by the AEMC for the purpose of making a decision or determination under this Law, the National Regulations or the Rules,\nmay apply to the Court for judicial review of the decision or determination, failure or conduct or proposed conduct.\nThe AER is subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth.\nUnless the Court otherwise orders, the making of an application to the Court under subsection (1) does not affect the operation of the decision or determination referred to in that subsection or prevent the taking of action to implement the decision or determination.\n(sec.302-ssec.1) A person aggrieved by— a decision or determination of the AEMC under this Law, the National Regulations or the Rules; or a failure by the AEMC to make a decision or determination under this Law, the National Regulations or the Rules; or conduct engaged in, or proposed to be engaged in, by the AEMC for the purpose of making a decision or determination under this Law, the National Regulations or the Rules, may apply to the Court for judicial review of the decision or determination, failure or conduct or proposed conduct. The AER is subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth.\n(sec.302-ssec.2) Unless the Court otherwise orders, the making of an application to the Court under subsection (1) does not affect the operation of the decision or determination referred to in that subsection or prevent the taking of action to implement the decision or determination.\n- (a) a decision or determination of the AEMC under this Law, the National Regulations or the Rules; or\n- (b) a failure by the AEMC to make a decision or determination under this Law, the National Regulations or the Rules; or\n- (c) conduct engaged in, or proposed to be engaged in, by the AEMC for the purpose of making a decision or determination under this Law, the National Regulations or the Rules,","sortOrder":464},{"sectionNumber":"pt.13-div.6","sectionType":"division","heading":"Further provision for corporate liability for breaches of this Law","content":"## Further provision for corporate liability for breaches of this Law","sortOrder":465},{"sectionNumber":"sec.303","sectionType":"section","heading":"Definition","content":"### sec.303 Definition\n\nIn this Division—\nbreach provision means an offence provision, a civil penalty provision or a conduct provision.","sortOrder":466},{"sectionNumber":"sec.304","sectionType":"section","heading":"Offences and breaches by corporations","content":"### sec.304 Offences and breaches by corporations\n\nIf a corporation contravenes a breach provision, each officer of the corporation is to be taken to have contravened the breach provision if the officer knowingly authorised or permitted the contravention or breach.\nAn officer of a corporation may be proceeded against under a breach provision pursuant to this section whether or not the corporation has been proceeded against under the provision.\nNothing in this section affects the liability of a corporation for a contravention of a breach provision.\n(sec.304-ssec.1) If a corporation contravenes a breach provision, each officer of the corporation is to be taken to have contravened the breach provision if the officer knowingly authorised or permitted the contravention or breach.\n(sec.304-ssec.2) An officer of a corporation may be proceeded against under a breach provision pursuant to this section whether or not the corporation has been proceeded against under the provision.\n(sec.304-ssec.3) Nothing in this section affects the liability of a corporation for a contravention of a breach provision.","sortOrder":467},{"sectionNumber":"sec.305","sectionType":"section","heading":"Corporations also in breach if officers and employees are in breach","content":"### sec.305 Corporations also in breach if officers and employees are in breach\n\nIf an officer or employee of a corporation commits an act, which is within the scope of the actual or apparent authority of the officer or employee, that would, if that act were committed by the corporation, constitute a breach of a provision of this Law, the National Regulations or the Rules, the corporation is to be taken to have contravened that provision.\ns 305 amd 2020 No. 37 (SA) s 45","sortOrder":468},{"sectionNumber":"pt.13-div.7","sectionType":"division","heading":"Application of provisions of NGL","content":"## Application of provisions of NGL","sortOrder":469},{"sectionNumber":"sec.306","sectionType":"section","heading":"Tribunal review of information disclosure decision","content":"### sec.306 Tribunal review of information disclosure decision\n\nThis section applies to a decision to disclose information made by the AER under section 214 .\nThe provisions of Division 3 of Part 5 of Chapter 8 of the NGL apply to a decision referred to in subsection (1) in the same way as they apply to an information disclosure decision as defined in that Part.\nFor that purpose—\n(without limiting subsection (2) ) a reference in that Division to the NGL (however expressed) is taken to be a reference to this Law; and\nreferences in that Division to AEMO are taken to be omitted; and\nthe reference in section 263 of the NGL to “ section 91GH or section 329 (as the case requires)” is taken to be a reference to section 214 of this Law; and\nthat Division applies with any other modifications prescribed by the National Regulations.\n(sec.306-ssec.1) This section applies to a decision to disclose information made by the AER under section 214 .\n(sec.306-ssec.2) The provisions of Division 3 of Part 5 of Chapter 8 of the NGL apply to a decision referred to in subsection (1) in the same way as they apply to an information disclosure decision as defined in that Part.\n(sec.306-ssec.3) For that purpose— (without limiting subsection (2) ) a reference in that Division to the NGL (however expressed) is taken to be a reference to this Law; and references in that Division to AEMO are taken to be omitted; and the reference in section 263 of the NGL to “ section 91GH or section 329 (as the case requires)” is taken to be a reference to section 214 of this Law; and that Division applies with any other modifications prescribed by the National Regulations.\n- (a) (without limiting subsection (2) ) a reference in that Division to the NGL (however expressed) is taken to be a reference to this Law; and\n- (b) references in that Division to AEMO are taken to be omitted; and\n- (c) the reference in section 263 of the NGL to “ section 91GH or section 329 (as the case requires)” is taken to be a reference to section 214 of this Law; and\n- (d) that Division applies with any other modifications prescribed by the National Regulations.","sortOrder":470},{"sectionNumber":"sec.307","sectionType":"section","heading":"Costs in a review","content":"### sec.307 Costs in a review\n\nThis section applies to a review under the provisions applied by section 306 .\nSubject to this section, the Australian Competition Tribunal may order that a party to a review to which this section applies pay all or a specified part of the costs of another party to the review.\nThe Tribunal must not make an order requiring the AER to pay the costs of another party to the review unless the Tribunal considers that the AER has conducted its case in the review without due regard to—\nthe costs that would have to be incurred by another party to the review as a result of that conduct; or\nthe time required by—\nthe Tribunal to hear the review as a result of that conduct; or\nanother party to prepare their case as a result of that conduct; or\nthe submissions or arguments made to the Tribunal by another party.\n(sec.307-ssec.1) This section applies to a review under the provisions applied by section 306 .\n(sec.307-ssec.2) Subject to this section, the Australian Competition Tribunal may order that a party to a review to which this section applies pay all or a specified part of the costs of another party to the review.\n(sec.307-ssec.3) The Tribunal must not make an order requiring the AER to pay the costs of another party to the review unless the Tribunal considers that the AER has conducted its case in the review without due regard to— the costs that would have to be incurred by another party to the review as a result of that conduct; or the time required by— the Tribunal to hear the review as a result of that conduct; or another party to prepare their case as a result of that conduct; or the submissions or arguments made to the Tribunal by another party.\n- (a) the costs that would have to be incurred by another party to the review as a result of that conduct; or\n- (b) the time required by— (i) the Tribunal to hear the review as a result of that conduct; or (ii) another party to prepare their case as a result of that conduct; or\n- (i) the Tribunal to hear the review as a result of that conduct; or\n- (ii) another party to prepare their case as a result of that conduct; or\n- (c) the submissions or arguments made to the Tribunal by another party.\n- (i) the Tribunal to hear the review as a result of that conduct; or\n- (ii) another party to prepare their case as a result of that conduct; or","sortOrder":471},{"sectionNumber":"sec.308","sectionType":"section","heading":"Infringement notices","content":"### sec.308 Infringement notices\n\nThis section applies in relation to civil penalty provisions within the meaning of this Law.\nThe provisions of Part 7 of Chapter 8 of the NGL apply in relation to civil penalty provisions referred to in subsection (1) in the same way as they apply in relation to civil penalty provisions within the meaning of the NGL.\nFor that purpose—\na reference in those provisions to the “Regulations” is taken to be a reference to the National Regulations within the meaning of this Law; and\nthose provisions apply with any modifications prescribed by the National Regulations.\n(sec.308-ssec.1) This section applies in relation to civil penalty provisions within the meaning of this Law.\n(sec.308-ssec.2) The provisions of Part 7 of Chapter 8 of the NGL apply in relation to civil penalty provisions referred to in subsection (1) in the same way as they apply in relation to civil penalty provisions within the meaning of the NGL.\n(sec.308-ssec.3) For that purpose— a reference in those provisions to the “Regulations” is taken to be a reference to the National Regulations within the meaning of this Law; and those provisions apply with any modifications prescribed by the National Regulations.\n- (a) a reference in those provisions to the “Regulations” is taken to be a reference to the National Regulations within the meaning of this Law; and\n- (b) those provisions apply with any modifications prescribed by the National Regulations.","sortOrder":472},{"sectionNumber":"sec.309","sectionType":"section","heading":"Search warrants","content":"### sec.309 Search warrants\n\nThe provisions of Division 2 of Part 1 of Chapter 2 of the NGL apply, with such modifications as are prescribed by the National Regulations, in relation to the provisions of this Law, the National Regulations and the Rules in the same way as they apply in relation to a relevant provision within the meaning of section 31 of the NGL.","sortOrder":473},{"sectionNumber":"pt.14","sectionType":"part","heading":"Evidentiary matters","content":"# Evidentiary matters","sortOrder":474},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Publication on websites","content":"## Publication on websites","sortOrder":475},{"sectionNumber":"sec.310","sectionType":"section","heading":"Definitions","content":"### sec.310 Definitions\n\nIn this Division—\ndecision maker means the Minister of a participating jurisdiction, the AER or the AEMC;\nrelevant decision or document means a decision (however described) or determination (however described) of a decision maker under this Law or the Rules;\nrelevant notice means a notice under the Rules calling for or inviting submissions or comments in relation to a relevant decision or document.","sortOrder":476},{"sectionNumber":"sec.311","sectionType":"section","heading":"Publication of decisions on websites","content":"### sec.311 Publication of decisions on websites\n\nFor the purposes of this Law, a relevant decision or document or relevant notice that is required by this Law or the Rules to be published on a website is to be taken to be published on the website if—\nthe relevant decision or document or relevant notice is made accessible in full on the website; or\nnotice of the making or publication of the relevant decision or document or relevant notice is made accessible on that website and the relevant decision or document or relevant notice is made accessible separately in full on that website or in any other identified location.\nThe date on which the relevant decision or document or relevant notice is published on the website is the date notified by the relevant decision maker on the website as the date of publication of the relevant decision or document or relevant notice (being not earlier than the date on which it was first made so accessible).\n(sec.311-ssec.1) For the purposes of this Law, a relevant decision or document or relevant notice that is required by this Law or the Rules to be published on a website is to be taken to be published on the website if— the relevant decision or document or relevant notice is made accessible in full on the website; or notice of the making or publication of the relevant decision or document or relevant notice is made accessible on that website and the relevant decision or document or relevant notice is made accessible separately in full on that website or in any other identified location.\n(sec.311-ssec.2) The date on which the relevant decision or document or relevant notice is published on the website is the date notified by the relevant decision maker on the website as the date of publication of the relevant decision or document or relevant notice (being not earlier than the date on which it was first made so accessible).\n- (a) the relevant decision or document or relevant notice is made accessible in full on the website; or\n- (b) notice of the making or publication of the relevant decision or document or relevant notice is made accessible on that website and the relevant decision or document or relevant notice is made accessible separately in full on that website or in any other identified location.","sortOrder":477},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Evidentiary certificates","content":"## Evidentiary certificates","sortOrder":478},{"sectionNumber":"sec.312","sectionType":"section","heading":"Definitions","content":"### sec.312 Definitions\n\nIn this Division—\nacting SES employee has the same meaning as in section 17AA of the Acts Interpretation Act 1901 of the Commonwealth;\nAEMC chief executive means the chief executive of the AEMC appointed under section 16 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;\nAEMC Commissioner means a Commissioner within the meaning of the Australian Energy Market Commission Establishment Act 2004 of South Australia;\nAER member has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth;\nrelevant notice has the same meaning as in section 310 ;\nSES employee has the same meaning as in section 17AA of the Acts Interpretation Act 1901 of the Commonwealth.","sortOrder":479},{"sectionNumber":"sec.313","sectionType":"section","heading":"Evidentiary certificates—AER","content":"### sec.313 Evidentiary certificates—AER\n\nIn any proceedings under this Law, a certificate signed or purported to be signed by an AER member, or an SES employee or acting SES employee assisting the AER as mentioned in section 44AAC of the Competition and Consumer Act 2010 of the Commonwealth, stating any of the following matters is evidence of the matter:\na stated document is one of the following things, made, given, served or issued under this Law or the Rules:\na decision (however described) or determination (however described);\na retailer authorisation;\na notice, notification, direction, order or requirement;\na stated document is a copy of a thing referred to in paragraph (a) ;\non a stated day, a person was or was not—\ngiven a decision (however described), or determination (however described);\nthe holder of a current retailer authorisation;\nan exempt seller;\nauthorised as an authorised person within the meaning of the provisions applied by section 309 );\nserved a notice under section 206 ;\non a stated day any of the following were published on the AER’s website:\na decision (however described) or determination (however described);\na relevant notice.\n- (a) a stated document is one of the following things, made, given, served or issued under this Law or the Rules: (i) a decision (however described) or determination (however described); (ii) a retailer authorisation; (iii) a notice, notification, direction, order or requirement;\n- (i) a decision (however described) or determination (however described);\n- (ii) a retailer authorisation;\n- (iii) a notice, notification, direction, order or requirement;\n- (b) a stated document is a copy of a thing referred to in paragraph (a) ;\n- (c) on a stated day, a person was or was not— (i) given a decision (however described), or determination (however described); (ii) the holder of a current retailer authorisation; (iii) an exempt seller; (iv) authorised as an authorised person within the meaning of the provisions applied by section 309 ); (v) served a notice under section 206 ;\n- (i) given a decision (however described), or determination (however described);\n- (ii) the holder of a current retailer authorisation;\n- (iii) an exempt seller;\n- (iv) authorised as an authorised person within the meaning of the provisions applied by section 309 );\n- (v) served a notice under section 206 ;\n- (d) on a stated day any of the following were published on the AER’s website: (i) a decision (however described) or determination (however described); (ii) a relevant notice.\n- (i) a decision (however described) or determination (however described);\n- (ii) a relevant notice.\n- (i) a decision (however described) or determination (however described);\n- (ii) a retailer authorisation;\n- (iii) a notice, notification, direction, order or requirement;\n- (i) given a decision (however described), or determination (however described);\n- (ii) the holder of a current retailer authorisation;\n- (iii) an exempt seller;\n- (iv) authorised as an authorised person within the meaning of the provisions applied by section 309 );\n- (v) served a notice under section 206 ;\n- (i) a decision (however described) or determination (however described);\n- (ii) a relevant notice.","sortOrder":480},{"sectionNumber":"sec.314","sectionType":"section","heading":"Evidentiary certificates—AEMC","content":"### sec.314 Evidentiary certificates—AEMC\n\nIn any proceedings under this Law, a certificate signed or purported to be signed by an AEMC Commissioner or the AEMC chief executive, stating any of the following matters is evidence of the matter:\na stated document is a decision (however described), made, given, served or issued under this Law;\na stated document is a copy of a thing referred to in paragraph (a) ;\non a stated day, a person was or was not given a decision (however described);\non a stated day a notice was published on the AEMC’s website.\n- (a) a stated document is a decision (however described), made, given, served or issued under this Law;\n- (b) a stated document is a copy of a thing referred to in paragraph (a) ;\n- (c) on a stated day, a person was or was not given a decision (however described);\n- (d) on a stated day a notice was published on the AEMC’s website.","sortOrder":481},{"sectionNumber":"pt.14-div.3","sectionType":"division","heading":"Time of commencement of a Rule","content":"## Time of commencement of a Rule","sortOrder":482},{"sectionNumber":"sec.315","sectionType":"section","heading":"Time of commencement of a Rule","content":"### sec.315 Time of commencement of a Rule\n\nIf a notice published in the South Australian Government Gazette under section 238 or 262 provides that a Rule commences on a particular day, the Rule commences at the beginning of that day.","sortOrder":483},{"sectionNumber":"pt.15","sectionType":"part","heading":"General","content":"# General","sortOrder":484},{"sectionNumber":"sec.316","sectionType":"section","heading":"Immunity in relation to failure to supply energy","content":"### sec.316 Immunity in relation to failure to supply energy\n\nA retailer or distributor, or an officer or employee of a retailer or distributor, does not incur any civil monetary liability for any partial or total failure to supply energy unless the failure is due to an act or omission done or made by the retailer or distributor or the officer or employee of the retailer or distributor, in bad faith or through negligence.\nA retailer or distributor may enter into an agreement with a person (other than a small customer) varying or excluding the operation of subsection (1) and, to the extent of that agreement, that subsection does not apply.\nThis section does not apply—\nto a distributor that is an electricity distribution network service provider or an officer or employee of such a distributor in relation to an act or omission in the performance or exercise, or purported performance or exercise, of a system operations function or power; or\nto any liability of an officer or employee of a body corporate to the body corporate.\nIn this section—\nelectricity distribution network service provider means a regulated distribution network service provider within the meaning of the NEL;\npartial or total failure to supply energy includes a defective supply of energy;\nsystem operations function or power has the same meaning as in section 119 of the NEL.\n(sec.316-ssec.1) A retailer or distributor, or an officer or employee of a retailer or distributor, does not incur any civil monetary liability for any partial or total failure to supply energy unless the failure is due to an act or omission done or made by the retailer or distributor or the officer or employee of the retailer or distributor, in bad faith or through negligence.\n(sec.316-ssec.2) A retailer or distributor may enter into an agreement with a person (other than a small customer) varying or excluding the operation of subsection (1) and, to the extent of that agreement, that subsection does not apply.\n(sec.316-ssec.3) This section does not apply— to a distributor that is an electricity distribution network service provider or an officer or employee of such a distributor in relation to an act or omission in the performance or exercise, or purported performance or exercise, of a system operations function or power; or to any liability of an officer or employee of a body corporate to the body corporate.\n(sec.316-ssec.4) In this section— electricity distribution network service provider means a regulated distribution network service provider within the meaning of the NEL; partial or total failure to supply energy includes a defective supply of energy; system operations function or power has the same meaning as in section 119 of the NEL.\n- (a) to a distributor that is an electricity distribution network service provider or an officer or employee of such a distributor in relation to an act or omission in the performance or exercise, or purported performance or exercise, of a system operations function or power; or\n- (b) to any liability of an officer or employee of a body corporate to the body corporate.","sortOrder":485},{"sectionNumber":"sec.317","sectionType":"section","heading":"Distributor—retailer mutual indemnity","content":"### sec.317 Distributor—retailer mutual indemnity\n\nSubject to section 316 and any applicable laws, if a shared customer seeks to recover any loss or damage by action against a retailer in a court of competent jurisdiction, the distributor—\nindemnifies the retailer to the extent that the damage suffered by the customer arises from the act or omission of the distributor; but\ndoes so only to the extent that the act or omission arises from the negligence or breach of statutory duty of the distributor, its servants or agents or involves bad faith on the part of the distributor or its servants or agents.\nSubject to section 316 and any applicable laws, if a shared customer seeks to recover any loss or damage by action against a distributor in a court of competent jurisdiction, the retailer—\nindemnifies the distributor to the extent that the damage suffered by the customer arises from the act or omission of the retailer; but\ndoes so only to the extent that the act or omission arises from the negligence or breach of statutory duty of the retailer, its servants or agents or involves bad faith on the part of the retailer or its servants or agents.\n(sec.317-ssec.1) Subject to section 316 and any applicable laws, if a shared customer seeks to recover any loss or damage by action against a retailer in a court of competent jurisdiction, the distributor— indemnifies the retailer to the extent that the damage suffered by the customer arises from the act or omission of the distributor; but does so only to the extent that the act or omission arises from the negligence or breach of statutory duty of the distributor, its servants or agents or involves bad faith on the part of the distributor or its servants or agents.\n(sec.317-ssec.2) Subject to section 316 and any applicable laws, if a shared customer seeks to recover any loss or damage by action against a distributor in a court of competent jurisdiction, the retailer— indemnifies the distributor to the extent that the damage suffered by the customer arises from the act or omission of the retailer; but does so only to the extent that the act or omission arises from the negligence or breach of statutory duty of the retailer, its servants or agents or involves bad faith on the part of the retailer or its servants or agents.\n- (a) indemnifies the retailer to the extent that the damage suffered by the customer arises from the act or omission of the distributor; but\n- (b) does so only to the extent that the act or omission arises from the negligence or breach of statutory duty of the distributor, its servants or agents or involves bad faith on the part of the distributor or its servants or agents.\n- (a) indemnifies the distributor to the extent that the damage suffered by the customer arises from the act or omission of the retailer; but\n- (b) does so only to the extent that the act or omission arises from the negligence or breach of statutory duty of the retailer, its servants or agents or involves bad faith on the part of the retailer or its servants or agents.","sortOrder":486},{"sectionNumber":"sec.318","sectionType":"section","heading":"Immunity in relation to personal liability of AEMC officials","content":"### sec.318 Immunity in relation to personal liability of AEMC officials\n\nNo personal liability attaches to an AEMC official for an act or omission in good faith in the performance or exercise, or purported performance or exercise of a function or power under this Law, the National Regulations or the Rules.\nA liability that would, but for subsection (1) , lie against an AEMC official lies instead against the AEMC.\nIn this section—\nAEMC official means—\na member of the AEMC;\nthe chief executive of the AEMC;\na member of staff appointed by the AEMC.\n(sec.318-ssec.1) No personal liability attaches to an AEMC official for an act or omission in good faith in the performance or exercise, or purported performance or exercise of a function or power under this Law, the National Regulations or the Rules.\n(sec.318-ssec.2) A liability that would, but for subsection (1) , lie against an AEMC official lies instead against the AEMC.\n(sec.318-ssec.3) In this section— AEMC official means— a member of the AEMC; the chief executive of the AEMC; a member of staff appointed by the AEMC.\n- (a) a member of the AEMC;\n- (b) the chief executive of the AEMC;\n- (c) a member of staff appointed by the AEMC.","sortOrder":487},{"sectionNumber":"sec.319","sectionType":"section","heading":"Giving of notices and other documents under Law or Rules","content":"### sec.319 Giving of notices and other documents under Law or Rules\n\nIf this Law or the Rules require or permit a notice or other document to be served on a person (whether the expression “deliver”, “give”, “notify” or “send” or another expression is used), the notice or other document may be served—\non a natural person—\nby delivering it to the person personally; or\nby leaving it at, or by sending it by post, facsimile or similar facility to the last known address of the place of residence or usual place of business of the person; or\nby sending it electronically to that person, but, in the case of a small customer, only if the small customer has given explicit informed consent to receiving the notice or other document electronically; or\non a body corporate—\nby leaving it at the registered office or usual place of business of the body corporate with an officer of the body corporate; or\nby sending it by post, facsimile or similar facility to its registered office or its usual place of business; or\nby sending it electronically to that body corporate or an officer of the body corporate.\nNothing in subsection (1) —\naffects the operation of another law that authorises the service of a notice or document otherwise than as provided in that subsection; or\naffects the power of a court or tribunal to authorise service of a notice or other document otherwise than as provided in that subsection.\nIf—\nthis Law or the Rules require or permit a notice or other document to be given on a “business to business” basis between distributors and retailers or otherwise (whether the expression “deliver”, “give”, “notify” or “send” or another expression is used); and\nthe Retail Market Procedures make provision with respect to the procedure for giving the notice or other document,\ncompliance with that procedure is taken to satisfy any requirements of this Law or the Rules relating to the giving of the notice or other document.\nSubsections (1) and (2) apply except to the extent a contrary intention appears in this Law and the Rules, and subsection (3) applies except to the extent a provision of this Law or the Rules expressly provides that that subsection does not apply.\n(sec.319-ssec.1) If this Law or the Rules require or permit a notice or other document to be served on a person (whether the expression “deliver”, “give”, “notify” or “send” or another expression is used), the notice or other document may be served— on a natural person— by delivering it to the person personally; or by leaving it at, or by sending it by post, facsimile or similar facility to the last known address of the place of residence or usual place of business of the person; or by sending it electronically to that person, but, in the case of a small customer, only if the small customer has given explicit informed consent to receiving the notice or other document electronically; or on a body corporate— by leaving it at the registered office or usual place of business of the body corporate with an officer of the body corporate; or by sending it by post, facsimile or similar facility to its registered office or its usual place of business; or by sending it electronically to that body corporate or an officer of the body corporate.\n(sec.319-ssec.2) Nothing in subsection (1) — affects the operation of another law that authorises the service of a notice or document otherwise than as provided in that subsection; or affects the power of a court or tribunal to authorise service of a notice or other document otherwise than as provided in that subsection.\n(sec.319-ssec.3) If— this Law or the Rules require or permit a notice or other document to be given on a “business to business” basis between distributors and retailers or otherwise (whether the expression “deliver”, “give”, “notify” or “send” or another expression is used); and the Retail Market Procedures make provision with respect to the procedure for giving the notice or other document, compliance with that procedure is taken to satisfy any requirements of this Law or the Rules relating to the giving of the notice or other document.\n(sec.319-ssec.4) Subsections (1) and (2) apply except to the extent a contrary intention appears in this Law and the Rules, and subsection (3) applies except to the extent a provision of this Law or the Rules expressly provides that that subsection does not apply.\n- (a) on a natural person— (i) by delivering it to the person personally; or (ii) by leaving it at, or by sending it by post, facsimile or similar facility to the last known address of the place of residence or usual place of business of the person; or (iii) by sending it electronically to that person, but, in the case of a small customer, only if the small customer has given explicit informed consent to receiving the notice or other document electronically; or\n- (i) by delivering it to the person personally; or\n- (ii) by leaving it at, or by sending it by post, facsimile or similar facility to the last known address of the place of residence or usual place of business of the person; or\n- (iii) by sending it electronically to that person, but, in the case of a small customer, only if the small customer has given explicit informed consent to receiving the notice or other document electronically; or\n- (b) on a body corporate— (i) by leaving it at the registered office or usual place of business of the body corporate with an officer of the body corporate; or (ii) by sending it by post, facsimile or similar facility to its registered office or its usual place of business; or (iii) by sending it electronically to that body corporate or an officer of the body corporate.\n- (i) by leaving it at the registered office or usual place of business of the body corporate with an officer of the body corporate; or\n- (ii) by sending it by post, facsimile or similar facility to its registered office or its usual place of business; or\n- (iii) by sending it electronically to that body corporate or an officer of the body corporate.\n- (i) by delivering it to the person personally; or\n- (ii) by leaving it at, or by sending it by post, facsimile or similar facility to the last known address of the place of residence or usual place of business of the person; or\n- (iii) by sending it electronically to that person, but, in the case of a small customer, only if the small customer has given explicit informed consent to receiving the notice or other document electronically; or\n- (i) by leaving it at the registered office or usual place of business of the body corporate with an officer of the body corporate; or\n- (ii) by sending it by post, facsimile or similar facility to its registered office or its usual place of business; or\n- (iii) by sending it electronically to that body corporate or an officer of the body corporate.\n- (a) affects the operation of another law that authorises the service of a notice or document otherwise than as provided in that subsection; or\n- (b) affects the power of a court or tribunal to authorise service of a notice or other document otherwise than as provided in that subsection.\n- (a) this Law or the Rules require or permit a notice or other document to be given on a “business to business” basis between distributors and retailers or otherwise (whether the expression “deliver”, “give”, “notify” or “send” or another expression is used); and\n- (b) the Retail Market Procedures make provision with respect to the procedure for giving the notice or other document,","sortOrder":488},{"sectionNumber":"sec.320","sectionType":"section","heading":"Law and the Rules to be construed not to exceed legislative power of Legislature","content":"### sec.320 Law and the Rules to be construed not to exceed legislative power of Legislature\n\nThis Law and the Rules are to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction.\nIf a provision of this Law or the Rules, or the application of a provision of this Law or the Rules to a person, subject matter or circumstance would, but for this section, be construed as exceeding the legislative power of the Legislature of this jurisdiction—\nit is a valid provision to the extent to which it is not in excess of the power; and\nthe remainder of this Law or the Rules, and the application of the provision to other persons, subject matters or circumstances, is not affected.\nIn particular, if a provision of this Law or the Rules appears to impose a duty on a Commonwealth officer or body to perform a function or exercise a power, the duty is taken to be imposed by the provision to the extent to which imposing the duty—\nis within the legislative powers of this jurisdiction; and\nis consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body.\nTo avoid doubt, a provision of this Law or the Rules does not impose the duty on the Commonwealth officer or body to the extent to which imposing the duty would—\ncontravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or\notherwise exceed the legislative powers of this jurisdiction.\nIf imposing on the Commonwealth officer or body the duty to do that thing would—\ncontravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or\notherwise exceed the legislative powers of both the State and the Commonwealth,\nthe provision of this Law or the Rules is taken instead to confer on the Commonwealth officer or body a power to do that thing at the discretion of the Commonwealth officer or body (as the case may require).\nThis section does not limit the effect that a provision of this Law or the Rules would validly have apart from this section.\ns 320 amd 2021 No. 3 (SA) s 31\n(sec.320-ssec.1) This Law and the Rules are to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction.\n(sec.320-ssec.2) If a provision of this Law or the Rules, or the application of a provision of this Law or the Rules to a person, subject matter or circumstance would, but for this section, be construed as exceeding the legislative power of the Legislature of this jurisdiction— it is a valid provision to the extent to which it is not in excess of the power; and the remainder of this Law or the Rules, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n(sec.320-ssec.3) In particular, if a provision of this Law or the Rules appears to impose a duty on a Commonwealth officer or body to perform a function or exercise a power, the duty is taken to be imposed by the provision to the extent to which imposing the duty— is within the legislative powers of this jurisdiction; and is consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body.\n(sec.320-ssec.3a) To avoid doubt, a provision of this Law or the Rules does not impose the duty on the Commonwealth officer or body to the extent to which imposing the duty would— contravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or otherwise exceed the legislative powers of this jurisdiction.\n(sec.320-ssec.3b) If imposing on the Commonwealth officer or body the duty to do that thing would— contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or otherwise exceed the legislative powers of both the State and the Commonwealth, the provision of this Law or the Rules is taken instead to confer on the Commonwealth officer or body a power to do that thing at the discretion of the Commonwealth officer or body (as the case may require).\n(sec.320-ssec.4) This section does not limit the effect that a provision of this Law or the Rules would validly have apart from this section.\n- (a) it is a valid provision to the extent to which it is not in excess of the power; and\n- (b) the remainder of this Law or the Rules, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n- (a) is within the legislative powers of this jurisdiction; and\n- (b) is consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body.\n- (a) contravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or\n- (b) otherwise exceed the legislative powers of this jurisdiction.\n- (a) contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or\n- (b) otherwise exceed the legislative powers of both the State and the Commonwealth,","sortOrder":489},{"sectionNumber":"sec.321","sectionType":"section","heading":"Penalty privilege","content":"### sec.321 Penalty privilege\n\nIf an individual has a privilege against self-exposure to a penalty, other than for a criminal offence, the individual is not excused from doing any of the following on that ground:\nproviding information under this Law, the National Regulations or the Rules;\nproducing a document under this Law, the National Regulations or the Rules;\nproviding evidence under this Law, the National Regulations or the Rules;\nanswering a question under this Law, the National Regulations or the Rules.\ns 321 ins 2020 No. 37 (SA) s 46\n- (a) providing information under this Law, the National Regulations or the Rules;\n- (b) producing a document under this Law, the National Regulations or the Rules;\n- (c) providing evidence under this Law, the National Regulations or the Rules;\n- (d) answering a question under this Law, the National Regulations or the Rules.","sortOrder":490},{"sectionNumber":"sec.322","sectionType":"section","heading":"Court may grant relief from liability","content":"### sec.322 Court may grant relief from liability\n\nIf in any proceedings under this Law in which a person, other than a body corporate, may be liable for an offence or a civil penalty it appears to the Court that the person acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused, the Court may relieve the person either wholly or partly from liability on such terms as the Court thinks fit.\ns 322 ins 2020 No. 37 (SA) s 46","sortOrder":491},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Transitional provision related to AEMC rule making powers","content":"# Transitional provision related to AEMC rule making powers","sortOrder":492},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"AEMC rule making powers","content":"### sch.1-sec.1 AEMC rule making powers\n\nThe amendment to section 252 of this Law by section 19 of the Statutes Amendment (National Energy Laws) (Rules) Act 2018 does not apply to the making of—\na Rule on a request under section 243(1) of this Law received by the AEMC before the commencement of this clause; or\nan AEMC initiated Rule (within the meaning of section 235 of this Law) in respect of which the AEMC has, before the commencement of this clause, published notice of its intention to make.\n- (a) a Rule on a request under section 243(1) of this Law received by the AEMC before the commencement of this clause; or\n- (b) an AEMC initiated Rule (within the meaning of section 235 of this Law) in respect of which the AEMC has, before the commencement of this clause, published notice of its intention to make.","sortOrder":493},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Transitional provision related to stand-alone power systems","content":"# Transitional provision related to stand-alone power systems","sortOrder":494},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Transitional provision related to stand-alone power systems","content":"### sch.1-sec.2 Transitional provision related to stand-alone power systems\n\nThe designated retailer for a small customer’s premises that are connected to a stand-alone power system that becomes a regulated stand-alone power system under the NEL after the commencement of section 6B of the NEL is—\nthe financially responsible retailer for the premises; or\nif there is no financially responsible retailer for the premises—the local area retailer for the premises.\nsch 1 s 2 ins 2021 No. 9 (SA) s 12\n- (a) the financially responsible retailer for the premises; or\n- (b) if there is no financially responsible retailer for the premises—the local area retailer for the premises.","sortOrder":495},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Savings and transitional provisions related to Ministerial Council on Energy amendments","content":"# Savings and transitional provisions related to Ministerial Council on Energy amendments","sortOrder":496},{"sectionNumber":"sch.1-sec.2A","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.2A Definitions\n\nIn this Part—\nAmendment Act means the Statutes Amendment (National Energy Laws) (Omnibus) Act 2021 ;\ncommencement day means the day on which section 25 of the Amendment Act comes into operation.\nsch 1 s 2A (prev sch 1 s 2) ins 2021 No. 3 (SA) s 32\nrenum 2023 No. 26 (SA) s 13 (2)","sortOrder":497},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"References to Ministerial Council on Energy","content":"### sch.1-sec.3 References to Ministerial Council on Energy\n\nOn and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an Act, a legislative instrument, any other kind of instrument, or a contract, agreement or other document will be taken to be a reference to the MCE as defined in section 2 (as amended by section 25 of the Amendment Act).\nIn this clause—\nagreement includes the Australian Energy Market Agreement or any other intergovernmental agreement to which this jurisdiction is a party.\nsch 1 s 3 ins 2021 No. 3 (SA) s 32\n(sch.1-sec.3-ssec.1) On and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an Act, a legislative instrument, any other kind of instrument, or a contract, agreement or other document will be taken to be a reference to the MCE as defined in section 2 (as amended by section 25 of the Amendment Act).\n(sch.1-sec.3-ssec.2) In this clause— agreement includes the Australian Energy Market Agreement or any other intergovernmental agreement to which this jurisdiction is a party.","sortOrder":498},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Rights under certain change of law provisions in agreements or deeds not to be triggered","content":"### sch.1-sec.4 Rights under certain change of law provisions in agreements or deeds not to be triggered\n\nThe substitution of the definition of the MCE by section 25 of the Amendment Act is not to be regarded as a change of law (however defined) under any agreement or deed in effect on the commencement day.\nSubclause (1) applies despite any provision in any agreement or deed to the contrary.\nsch 1 s 4 ins 2021 No. 3 (SA) s 32\n(sch.1-sec.4-ssec.1) The substitution of the definition of the MCE by section 25 of the Amendment Act is not to be regarded as a change of law (however defined) under any agreement or deed in effect on the commencement day.\n(sch.1-sec.4-ssec.2) Subclause (1) applies despite any provision in any agreement or deed to the contrary.","sortOrder":499},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Rights under contracts etc","content":"### sch.1-sec.5 Rights under contracts etc\n\nThe substitution of the definition of the MCE by section 25 of the Amendment Act does not affect a right, obligation, liability or immunity of the MCE under an agreement, deed or other instrument entered into by the MCE and in effect on the commencement day.\nOn and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an agreement, deed or other instrument referred to in subclause (1) will be taken to be a reference to the MCE as defined in section 2 (as amended by section 25 of the Amendment Act).\nSubclause (1) applies despite any provision in any agreement, deed or other instrument to the contrary.\nsch 1 s 5 ins 2021 No. 3 (SA) s 32\n(sch.1-sec.5-ssec.1) The substitution of the definition of the MCE by section 25 of the Amendment Act does not affect a right, obligation, liability or immunity of the MCE under an agreement, deed or other instrument entered into by the MCE and in effect on the commencement day.\n(sch.1-sec.5-ssec.2) On and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an agreement, deed or other instrument referred to in subclause (1) will be taken to be a reference to the MCE as defined in section 2 (as amended by section 25 of the Amendment Act).\n(sch.1-sec.5-ssec.3) Subclause (1) applies despite any provision in any agreement, deed or other instrument to the contrary.","sortOrder":500},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Saving of decisions etc","content":"### sch.1-sec.6 Saving of decisions etc\n\nThe substitution of the definition of the MCE by section 25 of the Amendment Act does not affect the validity of—\nany decision or direction made by the MCE before the commencement day; or\nany appointment in accordance with a recommendation or nomination of the MCE made before the commencement day.\nsch 1 s 6 ins 2021 No. 3 (SA) s 32\n- (a) any decision or direction made by the MCE before the commencement day; or\n- (b) any appointment in accordance with a recommendation or nomination of the MCE made before the commencement day.","sortOrder":501},{"sectionNumber":"sch.1-pt.4","sectionType":"part","heading":"Transitional provisions related to national energy retail objective amendments","content":"# Transitional provisions related to national energy retail objective amendments","sortOrder":502},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.7 Definitions\n\nIn this Part—\namended objective means the national energy retail objective as in force on the commencement of this clause;\namending Act means the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 ;\ngovernment or regulatory entity means the AEMC, AEMO, the AER, the Energy Security Board, the MCE or another government entity;\nstart day —see clause 8(2)(a).\nsch 1 s 7 ins 2023 No. 26 (SA) s 13 (3)","sortOrder":503},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"When amended objective takes effect for particular matters","content":"### sch.1-sec.8 When amended objective takes effect for particular matters\n\nThis clause applies in relation to a thing required or permitted to be done under this Law by a person or body, other than the AEMC, if, in doing the thing, the person or body is required to consider or apply the national energy retail objective including, for example, by—\nhaving regard to the national energy retail objective; or\ndoing the thing in a manner that will or is likely to contribute to the achievement of the national energy retail objective.\nDespite section 9 of the amending Act—\nthe national energy retail objective as in force before that section came into operation continues to apply for the doing of the thing until the day (the start day ) that is 2 months after the commencement of this clause; and\nthe amended objective applies in relation to the doing of the thing from the start day.\nThis clause is subject to clause 9.\nsch 1 s 8 ins 2023 No. 26 (SA) s 13 (3)\n(sch.1-sec.8-ssec.1) This clause applies in relation to a thing required or permitted to be done under this Law by a person or body, other than the AEMC, if, in doing the thing, the person or body is required to consider or apply the national energy retail objective including, for example, by— having regard to the national energy retail objective; or doing the thing in a manner that will or is likely to contribute to the achievement of the national energy retail objective.\n(sch.1-sec.8-ssec.2) Despite section 9 of the amending Act— the national energy retail objective as in force before that section came into operation continues to apply for the doing of the thing until the day (the start day ) that is 2 months after the commencement of this clause; and the amended objective applies in relation to the doing of the thing from the start day.\n(sch.1-sec.8-ssec.3) This clause is subject to clause 9.\n- (a) having regard to the national energy retail objective; or\n- (b) doing the thing in a manner that will or is likely to contribute to the achievement of the national energy retail objective.\n- (a) the national energy retail objective as in force before that section came into operation continues to apply for the doing of the thing until the day (the start day ) that is 2 months after the commencement of this clause; and\n- (b) the amended objective applies in relation to the doing of the thing from the start day.","sortOrder":504},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Application of national energy retail objective to particular matters in progress on start day","content":"### sch.1-sec.9 Application of national energy retail objective to particular matters in progress on start day\n\nThis clause applies if—\nbefore the start day, an entity or other person had started, or was required or permitted to start, doing a thing; and\non the start day—\nthe entity or other person has not finished doing the thing; or\nthe period within which the thing is required or permitted to be done has not ended; and\nin doing the thing the entity or other person is required to consider or apply the national energy retail objective by, for example—\nhaving regard to the national energy retail objective; or\ndoing the thing in a manner that will or is likely to contribute to the achievement of the national energy retail objective.\nThe national energy retail objective as in force before the commencement of this clause, and as continued under clause 8 until the start day, continues to apply in relation to the doing of the thing.\nHowever, a government or regulatory entity may decide to consider or apply the amended objective in relation to the doing of the thing.\nsch 1 s 9 ins 2023 No. 26 (SA) s 13 (3)\n(sch.1-sec.9-ssec.1) This clause applies if— before the start day, an entity or other person had started, or was required or permitted to start, doing a thing; and on the start day— the entity or other person has not finished doing the thing; or the period within which the thing is required or permitted to be done has not ended; and in doing the thing the entity or other person is required to consider or apply the national energy retail objective by, for example— having regard to the national energy retail objective; or doing the thing in a manner that will or is likely to contribute to the achievement of the national energy retail objective.\n(sch.1-sec.9-ssec.2) The national energy retail objective as in force before the commencement of this clause, and as continued under clause 8 until the start day, continues to apply in relation to the doing of the thing.\n(sch.1-sec.9-ssec.3) However, a government or regulatory entity may decide to consider or apply the amended objective in relation to the doing of the thing.\n- (a) before the start day, an entity or other person had started, or was required or permitted to start, doing a thing; and\n- (b) on the start day— (i) the entity or other person has not finished doing the thing; or (ii) the period within which the thing is required or permitted to be done has not ended; and\n- (i) the entity or other person has not finished doing the thing; or\n- (ii) the period within which the thing is required or permitted to be done has not ended; and\n- (c) in doing the thing the entity or other person is required to consider or apply the national energy retail objective by, for example— (i) having regard to the national energy retail objective; or (ii) doing the thing in a manner that will or is likely to contribute to the achievement of the national energy retail objective.\n- (i) having regard to the national energy retail objective; or\n- (ii) doing the thing in a manner that will or is likely to contribute to the achievement of the national energy retail objective.\n- (i) the entity or other person has not finished doing the thing; or\n- (ii) the period within which the thing is required or permitted to be done has not ended; and\n- (i) having regard to the national energy retail objective; or\n- (ii) doing the thing in a manner that will or is likely to contribute to the achievement of the national energy retail objective.","sortOrder":505},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Administrative guidance for decisions under clause 9(3)","content":"### sch.1-sec.10 Administrative guidance for decisions under clause 9(3)\n\nIf a government or regulatory entity, other than the AER, proposes to exercise a discretion under clause 9(3), the entity must use its best endeavours to ensure that within 45 days after the commencement of this clause, it issues administrative guidance about the matters the entity is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.\nThe AER must, within 45 days after the commencement of this clause, issue administrative guidance about the matters the AER is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.\nA failure to comply with this section does not prevent a government or regulatory entity from exercising a discretion under clause 9(3).\nsch 1 s 10 ins 2023 No. 26 (SA) s 13 (3)\n(sch.1-sec.10-ssec.1) If a government or regulatory entity, other than the AER, proposes to exercise a discretion under clause 9(3), the entity must use its best endeavours to ensure that within 45 days after the commencement of this clause, it issues administrative guidance about the matters the entity is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.\n(sch.1-sec.10-ssec.2) The AER must, within 45 days after the commencement of this clause, issue administrative guidance about the matters the AER is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.\n(sch.1-sec.10-ssec.3) A failure to comply with this section does not prevent a government or regulatory entity from exercising a discretion under clause 9(3).","sortOrder":506},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Administrative guidance about value of greenhouse gas emissions","content":"### sch.1-sec.11 Administrative guidance about value of greenhouse gas emissions\n\nThis clause applies—\nadministrative if guidance is issued by a government or regulatory entity about considering or applying the amended objective; and\nthe guidance includes the value, or a method of working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction; and\nthe guidance is consistent with any MCE statement.\nThe value or method stated in the administrative guidance must be complied with by the government or regulatory entity in considering or applying the amended objective.\nThis clause applies until a National Regulation or Rule takes effect for the matter described in subclause (1).\nIn this clause—\nMCE statement means a statement issued by the MCE that states the value, or a method of or guidance for working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction, that is to be used by a government or regulatory entity in considering or applying the amended objective until a National Regulation or Rule mentioned in subclause (3) takes effect.\nsch 1 s 11 ins 2023 No. 26 (SA) s 13 (3)\n(sch.1-sec.11-ssec.1) This clause applies— administrative if guidance is issued by a government or regulatory entity about considering or applying the amended objective; and the guidance includes the value, or a method of working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction; and the guidance is consistent with any MCE statement.\n(sch.1-sec.11-ssec.2) The value or method stated in the administrative guidance must be complied with by the government or regulatory entity in considering or applying the amended objective.\n(sch.1-sec.11-ssec.3) This clause applies until a National Regulation or Rule takes effect for the matter described in subclause (1).\n(sch.1-sec.11-ssec.4) In this clause— MCE statement means a statement issued by the MCE that states the value, or a method of or guidance for working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction, that is to be used by a government or regulatory entity in considering or applying the amended objective until a National Regulation or Rule mentioned in subclause (3) takes effect.\n- (a) administrative if guidance is issued by a government or regulatory entity about considering or applying the amended objective; and\n- (b) the guidance includes the value, or a method of working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction; and\n- (c) the guidance is consistent with any MCE statement.","sortOrder":507},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Validation of things done in relation to Rules before commencement","content":"### sch.1-sec.12 Validation of things done in relation to Rules before commencement\n\nThis clause applies if, before the commencement of this clause—\nthe MCE or a Minister of a participating jurisdiction had requested a Rule under section 243(1) in relation to the national energy retail objective as if the amended objective were in force; and\nthe AEMC had done a thing under Part 10, other than sections 261 to 264, in relation to the request.\nOn the commencement of this clause—\nthe thing is taken to have been validly done under Part 10; and\nthe AEMC is taken to have satisfied a requirement under the Law to apply the national energy retail objective in relation to the thing.\nsch 1 s 12 ins 2023 No. 26 (SA) s 13 (3)\n(sch.1-sec.12-ssec.1) This clause applies if, before the commencement of this clause— the MCE or a Minister of a participating jurisdiction had requested a Rule under section 243(1) in relation to the national energy retail objective as if the amended objective were in force; and the AEMC had done a thing under Part 10, other than sections 261 to 264, in relation to the request.\n(sch.1-sec.12-ssec.2) On the commencement of this clause— the thing is taken to have been validly done under Part 10; and the AEMC is taken to have satisfied a requirement under the Law to apply the national energy retail objective in relation to the thing.\n- (a) the MCE or a Minister of a participating jurisdiction had requested a Rule under section 243(1) in relation to the national energy retail objective as if the amended objective were in force; and\n- (b) the AEMC had done a thing under Part 10, other than sections 261 to 264, in relation to the request.\n- (a) the thing is taken to have been validly done under Part 10; and\n- (b) the AEMC is taken to have satisfied a requirement under the Law to apply the national energy retail objective in relation to the thing.","sortOrder":508},{"sectionNumber":"sch.1-pt.5","sectionType":"part","heading":"Transitional provisions related to other gas amendments","content":"# Transitional provisions related to other gas amendments","sortOrder":509},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Definition","content":"### sch.1-sec.13 Definition\n\nIn this Part—\ncommencement day means the day on which this Part comes into operation.\nsch 1 s 13 ins 2023 No. 36 (SA) s 90","sortOrder":510},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Retailer authorisations","content":"### sch.1-sec.14 Retailer authorisations\n\nA retailer authorisation authorising the sale of natural gas and in effect immediately before the commencement day is taken to authorise the sale of natural gas and natural gas equivalents.\nsch 1 s 14 ins 2023 No. 36 (SA) s 90","sortOrder":511},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":"Exempt sellers","content":"### sch.1-sec.15 Exempt sellers\n\nA person who immediately before the commencement day was an exempt seller for natural gas is taken to be an exempt seller for natural gas and natural gas equivalents to the same extent and on the same conditions as applied immediately before the commencement day.\nIn this clause—\nexempt seller means a person who is exempt, under Part 5, Division 6 of this Law, from the requirement to hold a retailer authorisation.\nsch 1 s 15 ins 2023 No. 36 (SA) s 90\n(sch.1-sec.15-ssec.1) A person who immediately before the commencement day was an exempt seller for natural gas is taken to be an exempt seller for natural gas and natural gas equivalents to the same extent and on the same conditions as applied immediately before the commencement day.\n(sch.1-sec.15-ssec.2) In this clause— exempt seller means a person who is exempt, under Part 5, Division 6 of this Law, from the requirement to hold a retailer authorisation.","sortOrder":512},{"sectionNumber":"sch.1-sec.16","sectionType":"section","heading":"RoLR arrangements","content":"### sch.1-sec.16 RoLR arrangements\n\nA retailer who immediately before the commencement day was appointed and registered as the default RoLR for a gas distribution system continues to be the default RoLR for that distribution system whether the distribution system is used for natural gas or a natural gas equivalent.\nA retailer who immediately before the commencement day was registered as an additional RoLR for a gas distribution system continues to be an additional RoLR for that distribution system whether the distribution system is used for natural gas or a natural gas equivalent.\nA retailer who immediately before the commencement day was appointed as a designated RoLR for a gas distribution system continues to be the designated RoLR for that distribution system whether the distribution system is used for natural gas or a natural gas equivalent.\nNothing in this clause limits the power of the AER to terminate the appointment and registration of a retailer as a default RoLR in accordance with section 125(9) of this Law.\nNothing in this clause limits the power of the AER to terminate the registration of a retailer as a RoLR in accordance with section 128 of this Law.\nsch 1 s 16 ins 2023 No. 36 (SA) s 90\n(sch.1-sec.16-ssec.1) A retailer who immediately before the commencement day was appointed and registered as the default RoLR for a gas distribution system continues to be the default RoLR for that distribution system whether the distribution system is used for natural gas or a natural gas equivalent.\n(sch.1-sec.16-ssec.2) A retailer who immediately before the commencement day was registered as an additional RoLR for a gas distribution system continues to be an additional RoLR for that distribution system whether the distribution system is used for natural gas or a natural gas equivalent.\n(sch.1-sec.16-ssec.3) A retailer who immediately before the commencement day was appointed as a designated RoLR for a gas distribution system continues to be the designated RoLR for that distribution system whether the distribution system is used for natural gas or a natural gas equivalent.\n(sch.1-sec.16-ssec.4) Nothing in this clause limits the power of the AER to terminate the appointment and registration of a retailer as a default RoLR in accordance with section 125(9) of this Law.\n(sch.1-sec.16-ssec.5) Nothing in this clause limits the power of the AER to terminate the registration of a retailer as a RoLR in accordance with section 128 of this Law.","sortOrder":513},{"sectionNumber":"sch.1-pt.6","sectionType":"part","heading":"Savings and transitional provisions related to RoLR","content":"# Savings and transitional provisions related to RoLR","sortOrder":514},{"sectionNumber":"sch.1-sec.17","sectionType":"section","heading":"Amendment of RoLR Guidelines and RoLR plan","content":"### sch.1-sec.17 Amendment of RoLR Guidelines and RoLR plan\n\nThe AER must update the following to take account of the amendments made to this Law by the National Energy Retail Law (Retailer of Last Resort) Amendment Act 2025 (the amending Act )—\nthe AER RoLR Guidelines under section 135 ;\nthe RoLR plan under section 162 .\nThe AER must ensure the updates are completed within 6 months after the commencement of the amending Act.\nsch 1 s 17 ins 2025 No. 61 (SA) s 13\n(sch.1-sec.17-ssec.1) The AER must update the following to take account of the amendments made to this Law by the National Energy Retail Law (Retailer of Last Resort) Amendment Act 2025 (the amending Act )— the AER RoLR Guidelines under section 135 ; the RoLR plan under section 162 .\n(sch.1-sec.17-ssec.2) The AER must ensure the updates are completed within 6 months after the commencement of the amending Act.\n- (a) the AER RoLR Guidelines under section 135 ;\n- (b) the RoLR plan under section 162 .","sortOrder":515}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":778},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond basic retail energy sales regulation. It now includes: (1) a comprehensive RoLR scheme for retailer failures with cost recovery mechanisms; (2) trial waiver provisions for innovative projects; (3) extensive Queensland-specific provisions for government-owned retailers, card-operated meters, and large customer arrangements; (4) detailed customer hardship and payment plan requirements; (5) prepayment meter and life support equipment protections; and (6) complex information-gathering and enforcement powers. The original scope of simple retail authorisation has expanded into a sophisticated consumer protection and market stability framework."},"complexity_factors":["Extensive cross-referencing to other national energy laws (NEL, NGL, NER, NGR) and Queensland-specific legislation","Multiple defined terms with nested definitions (e.g., 'energy' includes electricity, natural gas, natural gas equivalents, and prescribed covered gases)","Complex conditional logic for customer classifications (small vs large customers based on consumption thresholds)","Three-tier penalty structure for civil penalties with multiple calculation methods","Queensland-specific provisions interwoven with national framework (marked as 'additional Queensland provisions' or 'substituted Queensland provisions')","Detailed RoLR (Retailer of Last Resort) scheme with multiple divisions, sub-divisions, and procedural requirements","Multiple regulatory bodies with overlapping functions (AER, AEMO, AEMC, jurisdictional regulators)","Extensive rules-making powers delegated to subsidiary instruments (National Regulations, Rules, Guidelines)","Complex formation rules for contracts (deemed contracts, standard contracts, market contracts, negotiated contracts)","Trial waiver provisions with innovative trial principles and multiple conditions"],"plain_english_summary":"This is the **National Energy Retail Law (Queensland)** — a comprehensive piece of legislation that governs how electricity and gas are sold to customers in Queensland and other participating Australian jurisdictions.\n\n**What it does:**\n\n- **Sets up the rules for energy retailers** — companies must get authorisation from the Australian Energy Regulator (AER) to sell energy, and must follow strict rules about how they deal with customers.\n\n- **Protects small customers** — residential customers and small businesses get special protections including:\n  - Standard retail contracts with fair terms\n  - Standing offers at published prices\n  - Hardship policies for people struggling to pay\n  - Restrictions on disconnection for vulnerable customers\n  - Clear rules about marketing and getting customer consent\n\n- **Regulates distributors** — the companies that own the poles, wires and pipes must provide connection services and meet service standards.\n\n- **Establishes a \"Retailer of Last Resort\" (RoLR) scheme** — if an energy retailer goes bust, this system automatically transfers customers to a backup retailer so their power or gas isn't cut off.\n\n- **Covers both electricity and gas** — including natural gas and newer \"covered gases\" like hydrogen blends.\n\n**Who it affects:**\n\n- **Energy retailers** — must get licensed, follow customer protection rules, and can face big fines for breaking them\n- **Distributors** — must connect customers and maintain service standards\n- **Customers** — especially small customers who get protected contract terms and dispute resolution rights\n- **The AER** — the regulator that enforces the rules and can issue penalties up to $10 million for serious breaches\n\n**Why it matters:**\n\nEnergy is essential — this law makes sure retailers can't exploit customers, must help people in financial difficulty, and ensures continuity of supply even if a retailer fails. It's part of a national scheme that Queensland has adopted with some local modifications (like special rules for government-owned retailers and card-operated meters in remote areas)."},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original national template (the NERL based in South Australia) has been meaningfully expanded in its Queensland application. Queensland has added provisions specific to its market structure, including card-operated meters (common in remote/regional Queensland communities), government-owned corporation assigned retailers, modified definitions for financially responsible retailers and meter identifiers to accommodate Ergon Energy Distribution's regional networks, and specific provisions treating the State and local governments as large customers for street lighting. Additionally, the 2023 amendments extended the law's coverage to 'covered gases' beyond natural gas (such as hydrogen blends), representing an expansion beyond the original electricity-and-natural-gas scope."},"complexity_factors":["Multi-layered legislative architecture: this Queensland law adopts a South Australian template (the NERL) and modifies it, meaning you must read both to understand the full picture","Extensive cross-referencing to other national laws (NEL, NGL, NER, NGR, Competition and Consumer Act, Corporations Act) that are not reproduced here","Dual-track regulatory framework distinguishing between 'small customers' and 'large customers' with different protections, determined by variable consumption thresholds set elsewhere in National Regulations","Multiple regulatory bodies (AER, AEMC, AEMO, MCE, jurisdictional regulators, energy ombudsman) with overlapping and distinct powers","Queensland-specific modifications (substituted provisions, additional provisions, inapplicable provisions) layered on top of the national template, requiring constant comparison","Three-tier civil penalty structure with escalating amounts and complex turnover-based calculations for corporations","Highly technical definitions forming the foundation of the entire law — over 80 defined terms, many cross-referencing other definitions or other laws","Tiered contract types (standard retail contracts, market retail contracts, prepayment meter contracts, deemed contracts, negotiated contracts) each with different rules","Interaction between national rules and local instruments, with provisions for Queensland to opt out of or modify national coverage (e.g. for prescribed covered gas)","Ongoing amendments from multiple South Australian and Queensland acts across different years, creating a patchwork of insertions and substitutions that require careful version tracking"],"plain_english_summary":"The National Energy Retail Law (Queensland) sets the rules for how electricity and gas are sold to Queensland consumers and businesses, defining rights and obligations between customers, retailers and distributors. It mandates clear contracts, consumer protections (including for vulnerable customers and life‑support users), licensing for retailers, and continuity arrangements if a retailer fails.\n\nIt matters because it shapes your bill, safeguards against unfair disconnection or marketing, and ensures service continuity and enforcement when companies breach the rules."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/national-energy-retail-law-queensland","history":"/api/acts/national-energy-retail-law-queensland/history","analysis":"/api/acts/national-energy-retail-law-queensland/analysis","conflicts":"/api/acts/national-energy-retail-law-queensland/conflicts","importantCases":"/api/acts/national-energy-retail-law-queensland/important-cases","documents":"/api/acts/national-energy-retail-law-queensland/documents"}}