{"id":"qld:act-2014-049","name":"National Energy Retail Law (Queensland) Act 2014","slug":"national-energy-retail-law-queensland-act-2014","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"49 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29668,"registerId":"qld-act-2014-049-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":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the National Energy Retail Law (Queensland) Act 2014 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day or days to be fixed by proclamation.\nDifferent days may be appointed under subsection (1) for the commencement of different provisions of the National Energy Retail Law set out in the Schedule to the South Australian Act.\n(sec.2-ssec.1) This Act commences on a day or days to be fixed by proclamation.\n(sec.2-ssec.2) Different days may be appointed under subsection (1) for the commencement of different provisions of the National Energy Retail Law set out in the Schedule to the South Australian Act.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Interpretation","content":"### sec.3 Interpretation\n\nIn this Act—\ncommencement , for part 5 , see section 16 .\nElectricity Act , for part 5 , see section 16 .\nGas Supply Act , for part 5 , see section 16 .\nNational Energy Retail Law (Queensland) or NERL (Qld) means the provisions applying in Queensland because of section 4 .\nNational Energy Retail Regulations (Queensland) or NER Regulations (Qld) means the provisions applying in Queensland because of section 5 .\nNational Energy Retail Rules or Rules has the meaning given by the National Energy Retail Law (Queensland) .\nretailer , for part 5 , see section 16 .\nSouth Australian Act means the National Energy Retail Law (South Australia) Act 2011 (SA) .\nTerms used in this Act and also in the National Energy Retail Law set out in the Schedule to the South Australian Act have the same meanings in this Act as they have in that Law.\nThis section does not apply to the extent that the context or subject matter otherwise indicates or requires.\n(sec.3-ssec.1) In this Act— commencement , for part 5 , see section 16 . Electricity Act , for part 5 , see section 16 . Gas Supply Act , for part 5 , see section 16 . National Energy Retail Law (Queensland) or NERL (Qld) means the provisions applying in Queensland because of section 4 . National Energy Retail Regulations (Queensland) or NER Regulations (Qld) means the provisions applying in Queensland because of section 5 . National Energy Retail Rules or Rules has the meaning given by the National Energy Retail Law (Queensland) . retailer , for part 5 , see section 16 . South Australian Act means the National Energy Retail Law (South Australia) Act 2011 (SA) .\n(sec.3-ssec.2) Terms used in this Act and also in the National Energy Retail Law set out in the Schedule to the South Australian Act have the same meanings in this Act as they have in that Law.\n(sec.3-ssec.3) This section does not apply to the extent that the context or subject matter otherwise indicates or requires.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Adoption of National Energy Retail Law","content":"# Adoption of National Energy Retail Law","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application of National Energy Retail Law","content":"### sec.4 Application of National Energy Retail Law\n\nThe National Energy Retail Law, as amended from time to time, set out in the Schedule to the South Australian Act—\napplies as a law of Queensland, with the modifications set out in the schedule to this Act or prescribed by regulation under section 12 ; and\nas so applying may be referred to as the National Energy Retail Law (Queensland) ; and\nso applies as if it were an Act.\n- (a) applies as a law of Queensland, with the modifications set out in the schedule to this Act or prescribed by regulation under section 12 ; and\n- (b) as so applying may be referred to as the National Energy Retail Law (Queensland) ; and\n- (c) so applies as if it were an Act.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Application of regulations under National Energy Retail Law","content":"### sec.5 Application of regulations under National Energy Retail Law\n\nThe regulations made under the National Energy Retail Law set out in the Schedule to the South Australian Act, as amended from time to time—\napply as regulations in force for the purposes of the National Energy Retail Law (Queensland) , with the modifications prescribed by regulation under section 12 ; and\nas so applying may be referred to as the National Energy Retail Regulations (Queensland) .\n- (a) apply as regulations in force for the purposes of the National Energy Retail Law (Queensland) , with the modifications prescribed by regulation under section 12 ; and\n- (b) as so applying may be referred to as the National Energy Retail Regulations (Queensland) .","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Interpretation of particular expressions","content":"### sec.6 Interpretation of particular expressions\n\nIn the National Energy Retail Law (Queensland) and the National Energy Retail Regulations (Queensland)—\nNational Energy Retail Law or this Law means the National Energy Retail Law (Queensland) .\nthis jurisdiction means Queensland.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Exclusion of legislation of this jurisdiction and South Australia","content":"### sec.7 Exclusion of legislation of this jurisdiction and South Australia\n\nThe following Acts of this jurisdiction do not apply to the National Energy Retail Law (Queensland) or to the instruments made under that Law—\nthe Acts Interpretation Act 1954 ;\nthe Statutory Instruments Act 1992 .\nTo remove any doubt, it is declared that—\nsubsection (1) (a) does not limit the application of the Acts Interpretation Act 1954 to this Act or to instruments made under this Act; and\nsubsection (1) (b) does not limit the application of the Statutory Instruments Act 1992 to instruments made under this Act.\nThe Acts Interpretation Act 1915 , and other Acts, of South Australia do not apply to—\nthe National Energy Retail Law set out in the Schedule to the South Australian Act in its application as a law of Queensland; or\nthe regulations in force for the time being under the National Energy Retail Law set out in the Schedule to the South Australian Act in their application as regulations in force for the purposes of the National Energy Retail Law (Queensland) .\n(sec.7-ssec.1) The following Acts of this jurisdiction do not apply to the National Energy Retail Law (Queensland) or to the instruments made under that Law— the Acts Interpretation Act 1954 ; the Statutory Instruments Act 1992 .\n(sec.7-ssec.2) To remove any doubt, it is declared that— subsection (1) (a) does not limit the application of the Acts Interpretation Act 1954 to this Act or to instruments made under this Act; and subsection (1) (b) does not limit the application of the Statutory Instruments Act 1992 to instruments made under this Act.\n(sec.7-ssec.3) The Acts Interpretation Act 1915 , and other Acts, of South Australia do not apply to— the National Energy Retail Law set out in the Schedule to the South Australian Act in its application as a law of Queensland; or the regulations in force for the time being under the National Energy Retail Law set out in the Schedule to the South Australian Act in their application as regulations in force for the purposes of the National Energy Retail Law (Queensland) .\n- (a) the Acts Interpretation Act 1954 ;\n- (b) the Statutory Instruments Act 1992 .\n- (a) subsection (1) (a) does not limit the application of the Acts Interpretation Act 1954 to this Act or to instruments made under this Act; and\n- (b) subsection (1) (b) does not limit the application of the Statutory Instruments Act 1992 to instruments made under this Act.\n- (a) the National Energy Retail Law set out in the Schedule to the South Australian Act in its application as a law of Queensland; or\n- (b) the regulations in force for the time being under the National Energy Retail Law set out in the Schedule to the South Australian Act in their application as regulations in force for the purposes of the National Energy Retail Law (Queensland) .","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Tabling of national instruments enacted or made after commencement","content":"### sec.8 Tabling of national instruments enacted or made after commencement\n\nThis section applies to any of the following instruments enacted or made after the commencement of this section—\nan Act amending the National Energy Retail Law;\na regulation made under the National Energy Retail Law;\nan instrument amending the National Energy Retail Rules.\nThe instrument must be tabled in the Legislative Assembly within 10 sitting days after it is enacted or made.\nHowever failure to comply with subsection (2) does not affect the application of the National Energy Retail Law or instruments made under it as part of the law of Queensland.\nIn this section—\nNational Energy Retail Law means the National Energy Retail Law set out in the Schedule to the South Australian Act.\n(sec.8-ssec.1) This section applies to any of the following instruments enacted or made after the commencement of this section— an Act amending the National Energy Retail Law; a regulation made under the National Energy Retail Law; an instrument amending the National Energy Retail Rules.\n(sec.8-ssec.2) The instrument must be tabled in the Legislative Assembly within 10 sitting days after it is enacted or made.\n(sec.8-ssec.3) However failure to comply with subsection (2) does not affect the application of the National Energy Retail Law or instruments made under it as part of the law of Queensland.\n(sec.8-ssec.4) In this section— National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the South Australian Act.\n- (a) an Act amending the National Energy Retail Law;\n- (b) a regulation made under the National Energy Retail Law;\n- (c) an instrument amending the National Energy Retail Rules.","sortOrder":9},{"sectionNumber":"pt.3","sectionType":"part","heading":"Related matters","content":"# Related matters","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Conferral of functions and powers on Commonwealth bodies to act in this jurisdiction","content":"### sec.9 Conferral of functions and powers on Commonwealth bodies to act in this jurisdiction\n\nA Commonwealth body has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Commonwealth body by the national energy retail legislation of another participating jurisdiction.\nIn this section—\nCommonwealth body means—\nthe AER; or\nthe Tribunal.\n(sec.9-ssec.1) A Commonwealth body has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Commonwealth body by the national energy retail legislation of another participating jurisdiction.\n(sec.9-ssec.2) In this section— Commonwealth body means— the AER; or the Tribunal.\n- (a) the AER; or\n- (b) the Tribunal.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Extension of reading-down provision","content":"### sec.10 Extension of reading-down provision\n\nSection 320 of the National Energy Retail Law (Queensland) has effect in relation to the operation of any provision of this Act as if the provision formed part of that Law.\nSubsection (1) does not limit the effect that a provision of this Act would validly have apart from the subsection.\n(sec.10-ssec.1) Section 320 of the National Energy Retail Law (Queensland) has effect in relation to the operation of any provision of this Act as if the provision formed part of that Law.\n(sec.10-ssec.2) Subsection (1) does not limit the effect that a provision of this Act would validly have apart from the subsection.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Regulation-making power for the National Energy Retail Law (Queensland)","content":"### sec.11 Regulation-making power for the National Energy Retail Law (Queensland)\n\nThe Governor in Council may make such regulations, including regulations constituting local instruments, as are contemplated as being made under this Act as the application Act of this jurisdiction by—\nthe National Energy Retail Law set out in the Schedule to the South Australian Act; or\nthe modifications of that Law set out in the schedule to this Act.\n- (a) the National Energy Retail Law set out in the Schedule to the South Australian Act; or\n- (b) the modifications of that Law set out in the schedule to this Act.","sortOrder":13},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Modification regulation-making power","content":"### sec.12 Modification regulation-making power\n\nThe Governor in Council may, by regulation (a modification regulation ), modify any of the following—\nthe National Energy Retail Law, as it applies as a law of Queensland;\nthe Regulations in force for the time being under the National Energy Retail Law, to the extent they apply as regulations in force for the purposes of the National Energy Retail Law (Queensland) ;\nthe National Energy Retail Rules in force under the National Energy Retail Law, to the extent they apply as rules in force for the purposes of the National Energy Retail Law (Queensland) .\nHowever, a modification regulation—\nmay modify the Law mentioned in subsection (1) (a) only to make necessary or convenient changes, for giving effect to the operation of the Law in Queensland; and\nSee the NERL (Qld) , section 8 (3) and (4) , as inserted by section 12 of the schedule to this Act, in relation to including editor’s notes about modifications to the Law.\nmay modify the Regulations or Rules mentioned in subsection (1) (b) or (c) only for 1 or more of the following purposes—\nto make necessary or convenient changes for giving effect to the operation of the Regulations or Rules in Queensland;\nto make necessary or consequential changes arising from the modification of the National Energy Retail Law;\nfor the Rules mentioned in subsection (1) (c) —to provide for matters of a savings or transitional nature for the transition from the operation of provisions of instruments under the Electricity Act 1994 or Gas Supply Act 2003 to the operation of provisions of the Rules.\nWithout limiting subsection (2) (a) or (b) , it is declared that a change is necessary or convenient for giving effect to the operation of the Law mentioned in subsection (1) (a) , or the Regulations or the Rules mentioned in subsection (1) (b) or (c) , in Queensland if—\nfor a change to the Law—the change is likely to prevent or minimise an adverse financial effect the operation of the Law in Queensland would, without modification, have had on a particular class of customers in Queensland; or\ncustomers who are Aboriginal peoples or Torres Strait Islander peoples, customers who are financially disadvantaged, customers who live in rural or remote areas\nfor a change to the Regulations or the Rules—\nthe change is likely to prevent or minimise an adverse financial effect the operation of the Regulations or the Rules in Queensland would, without modification, have had on—\ncustomers in Queensland; or\na particular class of customers in Queensland; or\nthe change is likely to give effect to the operation of the Regulations or Rules in a way that increases customer protection for customers in Queensland.\na requirement for a retailer to obtain explicit informed consent of a customer for the entry by the customer into a customer retail contract\nAlso, without limiting subsection (2) (b) , a modification regulation that modifies the Regulations or Rules mentioned in subsection (1) (b) or (c) may nominate an entity (the nominated entity ) other than the AER to be the Regulator for the modification.\nTo the extent the AER would otherwise have had, but for subsection (3) , a function or power under the NERL (Qld) , the NER Regulations (Qld) or the Rules for monitoring, investigating or enforcing the modification, the nominated entity is taken to have the function or power.\nA modification regulation must declare it is a modification regulation.\nIn this section—\nNational Energy Retail Law means the National Energy Retail Law set out in the Schedule to the South Australian Act.\ns 12 amd 2024 No. 15 s 187\n(sec.12-ssec.1) The Governor in Council may, by regulation (a modification regulation ), modify any of the following— the National Energy Retail Law, as it applies as a law of Queensland; the Regulations in force for the time being under the National Energy Retail Law, to the extent they apply as regulations in force for the purposes of the National Energy Retail Law (Queensland) ; the National Energy Retail Rules in force under the National Energy Retail Law, to the extent they apply as rules in force for the purposes of the National Energy Retail Law (Queensland) .\n(sec.12-ssec.2) However, a modification regulation— may modify the Law mentioned in subsection (1) (a) only to make necessary or convenient changes, for giving effect to the operation of the Law in Queensland; and See the NERL (Qld) , section 8 (3) and (4) , as inserted by section 12 of the schedule to this Act, in relation to including editor’s notes about modifications to the Law. may modify the Regulations or Rules mentioned in subsection (1) (b) or (c) only for 1 or more of the following purposes— to make necessary or convenient changes for giving effect to the operation of the Regulations or Rules in Queensland; to make necessary or consequential changes arising from the modification of the National Energy Retail Law; for the Rules mentioned in subsection (1) (c) —to provide for matters of a savings or transitional nature for the transition from the operation of provisions of instruments under the Electricity Act 1994 or Gas Supply Act 2003 to the operation of provisions of the Rules.\n(sec.12-ssec.2A) Without limiting subsection (2) (a) or (b) , it is declared that a change is necessary or convenient for giving effect to the operation of the Law mentioned in subsection (1) (a) , or the Regulations or the Rules mentioned in subsection (1) (b) or (c) , in Queensland if— for a change to the Law—the change is likely to prevent or minimise an adverse financial effect the operation of the Law in Queensland would, without modification, have had on a particular class of customers in Queensland; or customers who are Aboriginal peoples or Torres Strait Islander peoples, customers who are financially disadvantaged, customers who live in rural or remote areas for a change to the Regulations or the Rules— the change is likely to prevent or minimise an adverse financial effect the operation of the Regulations or the Rules in Queensland would, without modification, have had on— customers in Queensland; or a particular class of customers in Queensland; or the change is likely to give effect to the operation of the Regulations or Rules in a way that increases customer protection for customers in Queensland. a requirement for a retailer to obtain explicit informed consent of a customer for the entry by the customer into a customer retail contract\n(sec.12-ssec.3) Also, without limiting subsection (2) (b) , a modification regulation that modifies the Regulations or Rules mentioned in subsection (1) (b) or (c) may nominate an entity (the nominated entity ) other than the AER to be the Regulator for the modification.\n(sec.12-ssec.4) To the extent the AER would otherwise have had, but for subsection (3) , a function or power under the NERL (Qld) , the NER Regulations (Qld) or the Rules for monitoring, investigating or enforcing the modification, the nominated entity is taken to have the function or power.\n(sec.12-ssec.5) A modification regulation must declare it is a modification regulation.\n(sec.12-ssec.7) In this section— National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the South Australian Act.\n- (a) the National Energy Retail Law, as it applies as a law of Queensland;\n- (b) the Regulations in force for the time being under the National Energy Retail Law, to the extent they apply as regulations in force for the purposes of the National Energy Retail Law (Queensland) ;\n- (c) the National Energy Retail Rules in force under the National Energy Retail Law, to the extent they apply as rules in force for the purposes of the National Energy Retail Law (Queensland) .\n- (a) may modify the Law mentioned in subsection (1) (a) only to make necessary or convenient changes, for giving effect to the operation of the Law in Queensland; and Editor’s note— See the NERL (Qld) , section 8 (3) and (4) , as inserted by section 12 of the schedule to this Act, in relation to including editor’s notes about modifications to the Law.\n- (b) may modify the Regulations or Rules mentioned in subsection (1) (b) or (c) only for 1 or more of the following purposes— (i) to make necessary or convenient changes for giving effect to the operation of the Regulations or Rules in Queensland; (ii) to make necessary or consequential changes arising from the modification of the National Energy Retail Law; (iii) for the Rules mentioned in subsection (1) (c) —to provide for matters of a savings or transitional nature for the transition from the operation of provisions of instruments under the Electricity Act 1994 or Gas Supply Act 2003 to the operation of provisions of the Rules.\n- (i) to make necessary or convenient changes for giving effect to the operation of the Regulations or Rules in Queensland;\n- (ii) to make necessary or consequential changes arising from the modification of the National Energy Retail Law;\n- (iii) for the Rules mentioned in subsection (1) (c) —to provide for matters of a savings or transitional nature for the transition from the operation of provisions of instruments under the Electricity Act 1994 or Gas Supply Act 2003 to the operation of provisions of the Rules.\n- (i) to make necessary or convenient changes for giving effect to the operation of the Regulations or Rules in Queensland;\n- (ii) to make necessary or consequential changes arising from the modification of the National Energy Retail Law;\n- (iii) for the Rules mentioned in subsection (1) (c) —to provide for matters of a savings or transitional nature for the transition from the operation of provisions of instruments under the Electricity Act 1994 or Gas Supply Act 2003 to the operation of provisions of the Rules.\n- (a) for a change to the Law—the change is likely to prevent or minimise an adverse financial effect the operation of the Law in Queensland would, without modification, have had on a particular class of customers in Queensland; or Examples of classes of customers— customers who are Aboriginal peoples or Torres Strait Islander peoples, customers who are financially disadvantaged, customers who live in rural or remote areas\n- (b) for a change to the Regulations or the Rules— (i) the change is likely to prevent or minimise an adverse financial effect the operation of the Regulations or the Rules in Queensland would, without modification, have had on— (A) customers in Queensland; or (B) a particular class of customers in Queensland; or (ii) the change is likely to give effect to the operation of the Regulations or Rules in a way that increases customer protection for customers in Queensland. Example of increased customer protection— a requirement for a retailer to obtain explicit informed consent of a customer for the entry by the customer into a customer retail contract\n- (i) the change is likely to prevent or minimise an adverse financial effect the operation of the Regulations or the Rules in Queensland would, without modification, have had on— (A) customers in Queensland; or (B) a particular class of customers in Queensland; or\n- (A) customers in Queensland; or\n- (B) a particular class of customers in Queensland; or\n- (ii) the change is likely to give effect to the operation of the Regulations or Rules in a way that increases customer protection for customers in Queensland. Example of increased customer protection— a requirement for a retailer to obtain explicit informed consent of a customer for the entry by the customer into a customer retail contract\n- (i) the change is likely to prevent or minimise an adverse financial effect the operation of the Regulations or the Rules in Queensland would, without modification, have had on— (A) customers in Queensland; or (B) a particular class of customers in Queensland; or\n- (A) customers in Queensland; or\n- (B) a particular class of customers in Queensland; or\n- (ii) the change is likely to give effect to the operation of the Regulations or Rules in a way that increases customer protection for customers in Queensland. Example of increased customer protection— a requirement for a retailer to obtain explicit informed consent of a customer for the entry by the customer into a customer retail contract\n- (A) customers in Queensland; or\n- (B) a particular class of customers in Queensland; or","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Validation of instruments and decisions made by AER","content":"### sec.13 Validation of instruments and decisions made by AER\n\nThis section applies to an instrument or decision made by the AER if—\nthe instrument or decision was made—\nat or after the time the South Australian Act was enacted; but\nbefore the time (the application time ) the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland; and\nhad that Law started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law )—\nthe National Energy Retail Law (Queensland) ;\nthe National Energy Retail Regulations (Queensland) ;\nthis Act;\na regulation under this Act; and\nif the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if that Law had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\nFor the purposes of the authorising law—\nthe instrument or decision is taken to be valid; and\nthe instrument or decision has effect from the application time—\nas varied, and unless revoked, by any other instrument or decision to which this section applies; and\nsubject to that law as so applying.\nFor this section—\nguidelines are an example of an instrument; and\nthe following are examples of decisions—\nappointments;\ndeterminations;\napprovals.\n(sec.13-ssec.1) This section applies to an instrument or decision made by the AER if— the instrument or decision was made— at or after the time the South Australian Act was enacted; but before the time (the application time ) the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland; and had that Law started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law )— the National Energy Retail Law (Queensland) ; the National Energy Retail Regulations (Queensland) ; this Act; a regulation under this Act; and if the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if that Law had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n(sec.13-ssec.2) For the purposes of the authorising law— the instrument or decision is taken to be valid; and the instrument or decision has effect from the application time— as varied, and unless revoked, by any other instrument or decision to which this section applies; and subject to that law as so applying.\n(sec.13-ssec.3) For this section— guidelines are an example of an instrument; and the following are examples of decisions— appointments; determinations; approvals.\n- (a) the instrument or decision was made— (i) at or after the time the South Australian Act was enacted; but (ii) before the time (the application time ) the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland; and\n- (i) at or after the time the South Australian Act was enacted; but\n- (ii) before the time (the application time ) the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland; and\n- (b) had that Law started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law )— (i) the National Energy Retail Law (Queensland) ; (ii) the National Energy Retail Regulations (Queensland) ; (iii) this Act; (iv) a regulation under this Act; and\n- (i) the National Energy Retail Law (Queensland) ;\n- (ii) the National Energy Retail Regulations (Queensland) ;\n- (iii) this Act;\n- (iv) a regulation under this Act; and\n- (c) if the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if that Law had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.\n- (i) at or after the time the South Australian Act was enacted; but\n- (ii) before the time (the application time ) the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland; and\n- (i) the National Energy Retail Law (Queensland) ;\n- (ii) the National Energy Retail Regulations (Queensland) ;\n- (iii) this Act;\n- (iv) a regulation under this Act; and\n- (a) the instrument or decision is taken to be valid; and\n- (b) the instrument or decision has effect from the application time— (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and (ii) subject to that law as so applying.\n- (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n- (ii) subject to that law as so applying.\n- (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and\n- (ii) subject to that law as so applying.\n- (a) guidelines are an example of an instrument; and\n- (b) the following are examples of decisions— (i) appointments; (ii) determinations; (iii) approvals.\n- (i) appointments;\n- (ii) determinations;\n- (iii) approvals.\n- (i) appointments;\n- (ii) determinations;\n- (iii) approvals.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Authorisation of preparatory steps by AER","content":"### sec.14 Authorisation of preparatory steps by AER\n\nThis section applies if—\nthe AER is required to do something (a preparatory step ) before making a decision or making an instrument under 1 of the following (the authorising law )—\nthe National Energy Retail Law (Queensland) ;\nthe National Energy Retail Regulations (Queensland) ;\nthis Act;\na regulation under this Act; and\nthe AER takes the preparatory step—\nat or after the time the South Australian Act was enacted; but\nbefore the time the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland.\nFor the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.\n(sec.14-ssec.1) This section applies if— the AER is required to do something (a preparatory step ) before making a decision or making an instrument under 1 of the following (the authorising law )— the National Energy Retail Law (Queensland) ; the National Energy Retail Regulations (Queensland) ; this Act; a regulation under this Act; and the AER takes the preparatory step— at or after the time the South Australian Act was enacted; but before the time the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland.\n(sec.14-ssec.2) For the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.\n- (a) the AER is required to do something (a preparatory step ) before making a decision or making an instrument under 1 of the following (the authorising law )— (i) the National Energy Retail Law (Queensland) ; (ii) the National Energy Retail Regulations (Queensland) ; (iii) this Act; (iv) a regulation under this Act; and\n- (i) the National Energy Retail Law (Queensland) ;\n- (ii) the National Energy Retail Regulations (Queensland) ;\n- (iii) this Act;\n- (iv) a regulation under this Act; and\n- (b) the AER takes the preparatory step— (i) at or after the time the South Australian Act was enacted; but (ii) before the time the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland.\n- (i) at or after the time the South Australian Act was enacted; but\n- (ii) before the time the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland.\n- (i) the National Energy Retail Law (Queensland) ;\n- (ii) the National Energy Retail Regulations (Queensland) ;\n- (iii) this Act;\n- (iv) a regulation under this Act; and\n- (i) at or after the time the South Australian Act was enacted; but\n- (ii) before the time the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Review","content":"### sec.15 Review\n\nThe Minister must review the operation of the National Energy Retail Law in Queensland no later than 1 January 2018.\nThe review—\nmust focus on the impact of the National Energy Retail Law, including the modifications prescribed by regulation under section 12 , on consumers of energy and whether the implementation of the Law has—\nresulted in increased efficiencies; or\nadversely affected customer protection in pursuit of national consistency; and\nmay address other matters the Minister considers appropriate.\nThe Minister may ask the Queensland Competition Authority to conduct the review on behalf of the Minister.\nThe Minister must, as soon as practicable after the review is completed, table a report about the outcome of the review in the Legislative Assembly.\nIn this section—\nNational Energy Retail Law means the National Energy Retail Law set out in the Schedule to the South Australian Act.\nQueensland Competition Authority means the Queensland Competition Authority established under the Queensland Competition Authority Act 1997 , section 7 .\n(sec.15-ssec.1) The Minister must review the operation of the National Energy Retail Law in Queensland no later than 1 January 2018.\n(sec.15-ssec.2) The review— must focus on the impact of the National Energy Retail Law, including the modifications prescribed by regulation under section 12 , on consumers of energy and whether the implementation of the Law has— resulted in increased efficiencies; or adversely affected customer protection in pursuit of national consistency; and may address other matters the Minister considers appropriate.\n(sec.15-ssec.3) The Minister may ask the Queensland Competition Authority to conduct the review on behalf of the Minister.\n(sec.15-ssec.4) The Minister must, as soon as practicable after the review is completed, table a report about the outcome of the review in the Legislative Assembly.\n(sec.15-ssec.5) In this section— National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the South Australian Act. Queensland Competition Authority means the Queensland Competition Authority established under the Queensland Competition Authority Act 1997 , section 7 .\n- (a) must focus on the impact of the National Energy Retail Law, including the modifications prescribed by regulation under section 12 , on consumers of energy and whether the implementation of the Law has— (i) resulted in increased efficiencies; or (ii) adversely affected customer protection in pursuit of national consistency; and\n- (i) resulted in increased efficiencies; or\n- (ii) adversely affected customer protection in pursuit of national consistency; and\n- (b) may address other matters the Minister considers appropriate.\n- (i) resulted in increased efficiencies; or\n- (ii) adversely affected customer protection in pursuit of national consistency; and","sortOrder":18},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.16 Definitions for pt 5\n\nIn this part—\ncommencement means the day this section commences.\nElectricity Act means the Electricity Act 1994 .\nGas Supply Act means the Gas Supply Act 2003 .\nOrigin Energy means Origin Energy Electricity Limited ACN 071 052 287.\nretailer —\nmeans a person who is a retailer under the NERL (Qld); and\nincludes an entity that, under the NER Regulations (Qld), is taken to be a retailer under the NERL (Qld).\n- (a) means a person who is a retailer under the NERL (Qld); and\n- (b) includes an entity that, under the NER Regulations (Qld), is taken to be a retailer under the NERL (Qld).","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Exempt sellers under the NER Regulations (Qld)","content":"### sec.17 Exempt sellers under the NER Regulations (Qld)\n\nThis section applies to—\nthe exempt seller exemption that, under the NER Regulations (Qld), is taken to be held by the Maranoa Regional Council; and\nthe exempt seller exemption that, under the NER Regulations (Qld), is taken to be held by the Western Downs Regional Council.\nEach exempt seller exemption is, from the commencement until the AER varies or revokes the exemption, subject to the conditions prescribed by regulation under this Act.\nThe AER may, under the NERL (Qld), deal with an exempt seller exemption applying under subsection (2) in the same way the AER may, under that Law, deal with an exemption granted under section 110 of that Law.\nIn this section—\nexempt seller exemption means an exemption under the NERL (Qld), Part 5, Division 6.\n(sec.17-ssec.1) This section applies to— the exempt seller exemption that, under the NER Regulations (Qld), is taken to be held by the Maranoa Regional Council; and the exempt seller exemption that, under the NER Regulations (Qld), is taken to be held by the Western Downs Regional Council.\n(sec.17-ssec.2) Each exempt seller exemption is, from the commencement until the AER varies or revokes the exemption, subject to the conditions prescribed by regulation under this Act.\n(sec.17-ssec.3) The AER may, under the NERL (Qld), deal with an exempt seller exemption applying under subsection (2) in the same way the AER may, under that Law, deal with an exemption granted under section 110 of that Law.\n(sec.17-ssec.4) In this section— exempt seller exemption means an exemption under the NERL (Qld), Part 5, Division 6.\n- (a) the exempt seller exemption that, under the NER Regulations (Qld), is taken to be held by the Maranoa Regional Council; and\n- (b) the exempt seller exemption that, under the NER Regulations (Qld), is taken to be held by the Western Downs Regional Council.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Other exempt sellers","content":"### sec.18 Other exempt sellers\n\nOn the commencement, each generation authority (retail) holder and each special approval (retail) holder is taken to hold an exemption for electricity for the NERL (Qld) (a transitional exemption ).\nA transitional exemption stops applying 1 year after the commencement.\nIn this section—\ngeneration authority (retail) holder means the holder of a generation authority under the Electricity Act that, immediately before the commencement, authorised the sale of electricity.\nspecial approval (retail) holder —\nmeans the holder of a special approval under the Electricity Act that, immediately before the commencement, authorised the sale of electricity; but\ndoes not include—\nOrigin Energy in relation to special approval no. SA02/11; or\nthe holder of licence no. 960, issued under the Gladstone Power Station Agreement Act 1993 , section 13.\n(sec.18-ssec.1) On the commencement, each generation authority (retail) holder and each special approval (retail) holder is taken to hold an exemption for electricity for the NERL (Qld) (a transitional exemption ).\n(sec.18-ssec.2) A transitional exemption stops applying 1 year after the commencement.\n(sec.18-ssec.3) In this section— generation authority (retail) holder means the holder of a generation authority under the Electricity Act that, immediately before the commencement, authorised the sale of electricity. special approval (retail) holder — means the holder of a special approval under the Electricity Act that, immediately before the commencement, authorised the sale of electricity; but does not include— Origin Energy in relation to special approval no. SA02/11; or the holder of licence no. 960, issued under the Gladstone Power Station Agreement Act 1993 , section 13.\n- (a) means the holder of a special approval under the Electricity Act that, immediately before the commencement, authorised the sale of electricity; but\n- (b) does not include— (i) Origin Energy in relation to special approval no. SA02/11; or (ii) the holder of licence no. 960, issued under the Gladstone Power Station Agreement Act 1993 , section 13.\n- (i) Origin Energy in relation to special approval no. SA02/11; or\n- (ii) the holder of licence no. 960, issued under the Gladstone Power Station Agreement Act 1993 , section 13.\n- (i) Origin Energy in relation to special approval no. SA02/11; or\n- (ii) the holder of licence no. 960, issued under the Gladstone Power Station Agreement Act 1993 , section 13.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Customer retail contracts—standard retail contracts for small customers","content":"### sec.19 Customer retail contracts—standard retail contracts for small customers\n\nThis section applies if, immediately before the commencement, a small customer and a retailer were parties to a pre-NERL standard retail contract for the provision of customer retail services (the relevant services ).\nOn the commencement, the pre-NERL standard retail contract is replaced with a contract between the small customer and retailer in the form of the retailer’s NERL standard retail contract for the provision of the relevant services at—\nin the case of electricity—the retailer’s standing offer prices; or\nin the case of gas—the tariffs and charges the retailer charged the customer for or in connection with the provision of the relevant services to the customer immediately before the commencement.\nSubsection (2) applies despite the NERL (Qld), section 26, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a standard retail contract formed under the NERL (Qld).\nIn this section—\nNERL standard retail contract , for a retailer, means—\nfor premises at which customer retail services are provided other than by using a card-operated meter—the retailer’s form of standard retail contract under the NERL (Qld), section 25; or\nfor premises at which customer retail services are provided by using a card-operated meter—the retailer’s form of standard retail contract under the NERL (Qld), section 25 consistent with the model terms and conditions applying to standard retail contracts for selling electricity to a small customer using a card-operated meter.\nSee the NERL (Qld), section 60A for the model terms and conditions applying to standard retail contracts for selling electricity to a small customer using a card-operated meter.\npre-NERL standard retail contract means—\na standard retail contract or standard large customer retail contract under the Electricity Act as in force before the commencement; or\na standard retail contract under the Gas Supply Act as in force before the commencement.\n(sec.19-ssec.1) This section applies if, immediately before the commencement, a small customer and a retailer were parties to a pre-NERL standard retail contract for the provision of customer retail services (the relevant services ).\n(sec.19-ssec.2) On the commencement, the pre-NERL standard retail contract is replaced with a contract between the small customer and retailer in the form of the retailer’s NERL standard retail contract for the provision of the relevant services at— in the case of electricity—the retailer’s standing offer prices; or in the case of gas—the tariffs and charges the retailer charged the customer for or in connection with the provision of the relevant services to the customer immediately before the commencement.\n(sec.19-ssec.3) Subsection (2) applies despite the NERL (Qld), section 26, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a standard retail contract formed under the NERL (Qld).\n(sec.19-ssec.4) In this section— NERL standard retail contract , for a retailer, means— for premises at which customer retail services are provided other than by using a card-operated meter—the retailer’s form of standard retail contract under the NERL (Qld), section 25; or for premises at which customer retail services are provided by using a card-operated meter—the retailer’s form of standard retail contract under the NERL (Qld), section 25 consistent with the model terms and conditions applying to standard retail contracts for selling electricity to a small customer using a card-operated meter. See the NERL (Qld), section 60A for the model terms and conditions applying to standard retail contracts for selling electricity to a small customer using a card-operated meter. pre-NERL standard retail contract means— a standard retail contract or standard large customer retail contract under the Electricity Act as in force before the commencement; or a standard retail contract under the Gas Supply Act as in force before the commencement.\n- (a) in the case of electricity—the retailer’s standing offer prices; or\n- (b) in the case of gas—the tariffs and charges the retailer charged the customer for or in connection with the provision of the relevant services to the customer immediately before the commencement.\n- (a) for premises at which customer retail services are provided other than by using a card-operated meter—the retailer’s form of standard retail contract under the NERL (Qld), section 25; or\n- (b) for premises at which customer retail services are provided by using a card-operated meter—the retailer’s form of standard retail contract under the NERL (Qld), section 25 consistent with the model terms and conditions applying to standard retail contracts for selling electricity to a small customer using a card-operated meter. Note— See the NERL (Qld), section 60A for the model terms and conditions applying to standard retail contracts for selling electricity to a small customer using a card-operated meter.\n- (a) a standard retail contract or standard large customer retail contract under the Electricity Act as in force before the commencement; or\n- (b) a standard retail contract under the Gas Supply Act as in force before the commencement.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Customer retail contracts—negotiated retail contracts for small customers","content":"### sec.20 Customer retail contracts—negotiated retail contracts for small customers\n\nThis section applies if, immediately before the commencement, a small customer and a retailer were parties to a pre-NERL negotiated retail contract.\nOn the commencement, the contract becomes a NERL market retail contract between the small customer and retailer on the terms and conditions of the contract immediately before the commencement.\nHowever, if the terms and conditions of the pre-NERL negotiated retail contract are inconsistent with the minimum requirements set out in the Rules that are to apply in relation to the terms and conditions of market retail contracts, subsection (2) applies subject to the NERL (Qld), section 34(2).\nThe NERL (Qld) applies to the contract.\nIn this section—\nNERL market retail contract means a market retail contract under the NERL (Qld), section 33.\npre-NERL negotiated retail contract means—\na negotiated retail contract under the Electricity Act as in force before the commencement; or\na negotiated retail contract under the Gas Supply Act as in force before the commencement.\n(sec.20-ssec.1) This section applies if, immediately before the commencement, a small customer and a retailer were parties to a pre-NERL negotiated retail contract.\n(sec.20-ssec.2) On the commencement, the contract becomes a NERL market retail contract between the small customer and retailer on the terms and conditions of the contract immediately before the commencement.\n(sec.20-ssec.3) However, if the terms and conditions of the pre-NERL negotiated retail contract are inconsistent with the minimum requirements set out in the Rules that are to apply in relation to the terms and conditions of market retail contracts, subsection (2) applies subject to the NERL (Qld), section 34(2).\n(sec.20-ssec.4) The NERL (Qld) applies to the contract.\n(sec.20-ssec.5) In this section— NERL market retail contract means a market retail contract under the NERL (Qld), section 33. pre-NERL negotiated retail contract means— a negotiated retail contract under the Electricity Act as in force before the commencement; or a negotiated retail contract under the Gas Supply Act as in force before the commencement.\n- (a) a negotiated retail contract under the Electricity Act as in force before the commencement; or\n- (b) a negotiated retail contract under the Gas Supply Act as in force before the commencement.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Customer retail contracts—standard retail contracts between particular small customers and Origin Energy","content":"### sec.21 Customer retail contracts—standard retail contracts between particular small customers and Origin Energy\n\nThis section applies if, immediately before the commencement, a small customer and Origin Energy were parties to an arrangement for the provision of customer retail services to the small customer’s premises under special approval no. SA02/11.\nThe arrangement is, on the commencement, replaced with a contract between the small customer and Origin Energy in the form of Origin Energy’s form of standard retail contract under the NERL (Qld), section 25 for the provision of the customer retail services at the retailer’s standing offer prices.\nSubsection (2) applies despite the NERL (Qld), section 26, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a standard retail contract formed under the NERL (Qld).\n(sec.21-ssec.1) This section applies if, immediately before the commencement, a small customer and Origin Energy were parties to an arrangement for the provision of customer retail services to the small customer’s premises under special approval no. SA02/11.\n(sec.21-ssec.2) The arrangement is, on the commencement, replaced with a contract between the small customer and Origin Energy in the form of Origin Energy’s form of standard retail contract under the NERL (Qld), section 25 for the provision of the customer retail services at the retailer’s standing offer prices.\n(sec.21-ssec.3) Subsection (2) applies despite the NERL (Qld), section 26, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a standard retail contract formed under the NERL (Qld).","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Customer retail contracts—standard retail contracts for particular large customers","content":"### sec.22 Customer retail contracts—standard retail contracts for particular large customers\n\nThis section applies if—\nfor a large customer’s premises, a retailer is—\nif there is no existing connection—the local area retailer for the relevant geographical area, premises or customer; or\nSee the NERL (Qld), section 11(3).\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\nimmediately before the commencement, the large customer and the retailer were parties to a pre-NERL large customer standard retail contract for the provision of customer retail services to the premises (the relevant services ).\nIf, on the commencement, the retailer is an assigned retailer, the pre-NERL large customer standard retail contract is replaced with a contract between the large customer and the retailer in the form of the retailer’s NERL large customer standard retail contract for the provision of the relevant services at the retailer’s notified prices.\nSubsection (2) applies despite the NERL (Qld), section 64E, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a large customer standard retail contract formed under the NERL (Qld).\nIf, on the commencement, the retailer is not an assigned retailer, the pre-NERL large customer standard retail contract continues as a contract for the provision of the relevant services on the same terms and conditions applying immediately before the commencement.\nIn this section—\nassigned retailer means an assigned retailer under the NERL (Qld), section 2(1).\nNERL large customer standard retail contract , for an assigned retailer, means a contract in the form of the retailer’s large customer standard retail contract under the NERL (Qld).\nnotified prices , for an assigned retailer, means the notified prices applying to the retailer under the Electricity Act, section 90(4).\npre-NERL large customer standard retail contract means a standard large customer retail contract under the Electricity Act as in force before the commencement.\n(sec.22-ssec.1) This section applies if— for a large customer’s premises, a retailer is— if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer; or See the NERL (Qld), section 11(3). 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 immediately before the commencement, the large customer and the retailer were parties to a pre-NERL large customer standard retail contract for the provision of customer retail services to the premises (the relevant services ).\n(sec.22-ssec.2) If, on the commencement, the retailer is an assigned retailer, the pre-NERL large customer standard retail contract is replaced with a contract between the large customer and the retailer in the form of the retailer’s NERL large customer standard retail contract for the provision of the relevant services at the retailer’s notified prices.\n(sec.22-ssec.3) Subsection (2) applies despite the NERL (Qld), section 64E, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a large customer standard retail contract formed under the NERL (Qld).\n(sec.22-ssec.4) If, on the commencement, the retailer is not an assigned retailer, the pre-NERL large customer standard retail contract continues as a contract for the provision of the relevant services on the same terms and conditions applying immediately before the commencement.\n(sec.22-ssec.5) In this section— assigned retailer means an assigned retailer under the NERL (Qld), section 2(1). NERL large customer standard retail contract , for an assigned retailer, means a contract in the form of the retailer’s large customer standard retail contract under the NERL (Qld). notified prices , for an assigned retailer, means the notified prices applying to the retailer under the Electricity Act, section 90(4). pre-NERL large customer standard retail contract means a standard large customer retail contract under the Electricity Act as in force before the commencement.\n- (a) for a large customer’s premises, a retailer is— (i) if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer; or Note— See the NERL (Qld), section 11(3). (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; or Note— See the NERL (Qld), section 11(3).\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) immediately before the commencement, the large customer and the retailer were parties to a pre-NERL large customer standard retail contract for the provision of customer retail services to the premises (the relevant services ).\n- (i) if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer; or Note— See the NERL (Qld), section 11(3).\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","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Customer retail contracts—standard retail contracts between particular large customers and Origin Energy","content":"### sec.23 Customer retail contracts—standard retail contracts between particular large customers and Origin Energy\n\nThis section applies if, immediately before the commencement, a large customer and Origin Energy were parties to an arrangement for the provision of customer retail services to the large customer’s premises under special approval no. SA02/11.\nThe arrangement is, on the commencement, replaced with a contract between the large customer and Origin Energy in the form of Origin Energy’s large customer standard retail contract under the NERL (Qld) for the provision of the customer retail services at the notified prices.\nSubsection (2) applies despite the NERL (Qld), section 64N, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a large customer standard retail contract, formed under the NERL (Qld), for the supply of electricity on a distribution system of Essential Energy ABN 37 428 185 226.\nIn this section—\nnotified prices means the notified prices applying to Origin Energy under the Electricity Act, section 90(4).\n(sec.23-ssec.1) This section applies if, immediately before the commencement, a large customer and Origin Energy were parties to an arrangement for the provision of customer retail services to the large customer’s premises under special approval no. SA02/11.\n(sec.23-ssec.2) The arrangement is, on the commencement, replaced with a contract between the large customer and Origin Energy in the form of Origin Energy’s large customer standard retail contract under the NERL (Qld) for the provision of the customer retail services at the notified prices.\n(sec.23-ssec.3) Subsection (2) applies despite the NERL (Qld), section 64N, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a large customer standard retail contract, formed under the NERL (Qld), for the supply of electricity on a distribution system of Essential Energy ABN 37 428 185 226.\n(sec.23-ssec.4) In this section— notified prices means the notified prices applying to Origin Energy under the Electricity Act, section 90(4).","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Payment plans","content":"### sec.24 Payment plans\n\nThis section applies to an instalment plan between a retailer and a residential customer entered into under an industry code and in effect immediately before the commencement (the existing instalment plan ).\nOn the commencement, the existing instalment plan becomes a payment plan under the NERL (Qld), Part 2, Division 7.\nIn this section—\nindustry code means—\nan industry code under the Electricity Act as in force before the commencement; or\nan industry code under the Gas Supply Act as in force before the commencement.\n(sec.24-ssec.1) This section applies to an instalment plan between a retailer and a residential customer entered into under an industry code and in effect immediately before the commencement (the existing instalment plan ).\n(sec.24-ssec.2) On the commencement, the existing instalment plan becomes a payment plan under the NERL (Qld), Part 2, Division 7.\n(sec.24-ssec.3) In this section— industry code means— an industry code under the Electricity Act as in force before the commencement; or an industry code under the Gas Supply Act as in force before the commencement.\n- (a) an industry code under the Electricity Act as in force before the commencement; or\n- (b) an industry code under the Gas Supply Act as in force before the commencement.","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Customer connection contracts—standard connection contracts","content":"### sec.25 Customer connection contracts—standard connection contracts\n\nThis section applies if, immediately before the commencement, a customer who owns or occupies premises and a distributor were parties to a pre-NERL standard connection contract for the premises (the relevant premises ).\nOn the commencement, the pre-NERL standard connection contract is replaced with a contract between the customer and distributor in the form of the distributor’s NERL standard connection contract.\nSee the Electricity Act, section 346 for the connection of the premises.\nThe NERL (Qld) applies to the contract in the same way as it applies to a NERL standard connection contract for a distributor.\nIn this section—\nNERL standard connection contract , for a distributor, means—\nif the distributor has a deemed AER approved standard connection contract under the NERL (Qld), section 75 and the customer falls within at least 1 of the classes to which the contract applies—the form of the deemed AER approved standard connection contract; or\notherwise—the form of the distributor’s deemed standard connection contract under the NERL (Qld), section 69.\npre-NERL standard connection contract means a standard connection contract under the Electricity Act as in force before the commencement.\n(sec.25-ssec.1) This section applies if, immediately before the commencement, a customer who owns or occupies premises and a distributor were parties to a pre-NERL standard connection contract for the premises (the relevant premises ).\n(sec.25-ssec.2) On the commencement, the pre-NERL standard connection contract is replaced with a contract between the customer and distributor in the form of the distributor’s NERL standard connection contract. See the Electricity Act, section 346 for the connection of the premises.\n(sec.25-ssec.3) The NERL (Qld) applies to the contract in the same way as it applies to a NERL standard connection contract for a distributor.\n(sec.25-ssec.4) In this section— NERL standard connection contract , for a distributor, means— if the distributor has a deemed AER approved standard connection contract under the NERL (Qld), section 75 and the customer falls within at least 1 of the classes to which the contract applies—the form of the deemed AER approved standard connection contract; or otherwise—the form of the distributor’s deemed standard connection contract under the NERL (Qld), section 69. pre-NERL standard connection contract means a standard connection contract under the Electricity Act as in force before the commencement.\n- (a) if the distributor has a deemed AER approved standard connection contract under the NERL (Qld), section 75 and the customer falls within at least 1 of the classes to which the contract applies—the form of the deemed AER approved standard connection contract; or\n- (b) otherwise—the form of the distributor’s deemed standard connection contract under the NERL (Qld), section 69.","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Customer connection contracts—negotiated connection contracts for small customers","content":"### sec.26 Customer connection contracts—negotiated connection contracts for small customers\n\nThis section applies if, immediately before the commencement, a small customer and a distributor were parties to a pre-NERL negotiated connection contract.\nOn the commencement, the contract becomes a NERL negotiated connection contract on the terms and conditions of the contract immediately before the commencement.\nThe NERL (Qld), other than section 78(1) and (2), applies to the contract.\nIn this section—\nNERL negotiated connection contract means a negotiated connection contract under the NERL (Qld), section 78.\npre-NERL negotiated connection contract means—\na negotiated connection contract under the Electricity Act as in force before the commencement; or\na connection contract under the Gas Supply Act as in force before the commencement.\n(sec.26-ssec.1) This section applies if, immediately before the commencement, a small customer and a distributor were parties to a pre-NERL negotiated connection contract.\n(sec.26-ssec.2) On the commencement, the contract becomes a NERL negotiated connection contract on the terms and conditions of the contract immediately before the commencement.\n(sec.26-ssec.3) The NERL (Qld), other than section 78(1) and (2), applies to the contract.\n(sec.26-ssec.4) In this section— NERL negotiated connection contract means a negotiated connection contract under the NERL (Qld), section 78. pre-NERL negotiated connection contract means— a negotiated connection contract under the Electricity Act as in force before the commencement; or a connection contract under the Gas Supply Act as in force before the commencement.\n- (a) a negotiated connection contract under the Electricity Act as in force before the commencement; or\n- (b) a connection contract under the Gas Supply Act as in force before the commencement.","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"Customer connection contracts—negotiated connection contracts for large customers","content":"### sec.27 Customer connection contracts—negotiated connection contracts for large customers\n\nTo remove any doubt, it is declared that the NERL (Qld) does not affect a pre-NERL negotiated connection contract entered into between a large customer and a distributor or any rights or liabilities accrued under it.\nIn this section—\npre-NERL negotiated connection contract means—\na negotiated connection contract under the Electricity Act as in force before the commencement; or\na connection contract under the Gas Supply Act as in force before the commencement.\n(sec.27-ssec.1) To remove any doubt, it is declared that the NERL (Qld) does not affect a pre-NERL negotiated connection contract entered into between a large customer and a distributor or any rights or liabilities accrued under it.\n(sec.27-ssec.2) In this section— pre-NERL negotiated connection contract means— a negotiated connection contract under the Electricity Act as in force before the commencement; or a connection contract under the Gas Supply Act as in force before the commencement.\n- (a) a negotiated connection contract under the Electricity Act as in force before the commencement; or\n- (b) a connection contract under the Gas Supply Act as in force before the commencement.","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"Provision of information and assistance by Queensland regulator","content":"### sec.28 Provision of information and assistance by Queensland regulator\n\nDespite any other Act or law, a Queensland regulator is authorised, on its own initiative or at the request of the AER—\nto provide the AER with information (including information given in confidence) in the possession or control of the regulator reasonably required by the AER for this part or the NERL (Qld); and\nto provide the AER with other assistance reasonably required by the AER to perform a function, or exercise a power, under this part or the NERL (Qld).\nDespite any other Act or law, a Queensland regulator may authorise the AER to disclose information provided under subsection (1) even if the information was given to the regulator in confidence.\nNothing done, or authorised to be done, by a Queensland regulator in acting under subsection (1) or (2)—\nconstitutes a breach of, or default under, an Act or other law; or\nconstitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\nconstitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or\nconstitutes a civil or criminal wrong; or\nterminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\nreleases a surety or any other obligee wholly or in part from an obligation.\nIn this section—\nQueensland regulator means—\nthe regulator under the Electricity Act; or\nthe regulator under the Gas Supply Act; or\nthe Queensland Competition Authority established under the Queensland Competition Authority Act 1997 , section 7.\n(sec.28-ssec.1) Despite any other Act or law, a Queensland regulator is authorised, on its own initiative or at the request of the AER— to provide the AER with information (including information given in confidence) in the possession or control of the regulator reasonably required by the AER for this part or the NERL (Qld); and to provide the AER with other assistance reasonably required by the AER to perform a function, or exercise a power, under this part or the NERL (Qld).\n(sec.28-ssec.2) Despite any other Act or law, a Queensland regulator may authorise the AER to disclose information provided under subsection (1) even if the information was given to the regulator in confidence.\n(sec.28-ssec.3) Nothing done, or authorised to be done, by a Queensland regulator in acting under subsection (1) or (2)— constitutes a breach of, or default under, an Act or other law; or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or constitutes a civil or criminal wrong; or terminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or releases a surety or any other obligee wholly or in part from an obligation.\n(sec.28-ssec.4) In this section— Queensland regulator means— the regulator under the Electricity Act; or the regulator under the Gas Supply Act; or the Queensland Competition Authority established under the Queensland Competition Authority Act 1997 , section 7.\n- (a) to provide the AER with information (including information given in confidence) in the possession or control of the regulator reasonably required by the AER for this part or the NERL (Qld); and\n- (b) to provide the AER with other assistance reasonably required by the AER to perform a function, or exercise a power, under this part or the NERL (Qld).\n- (a) constitutes a breach of, or default under, an Act or other law; or\n- (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n- (c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or\n- (d) constitutes a civil or criminal wrong; or\n- (e) terminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\n- (f) releases a surety or any other obligee wholly or in part from an obligation.\n- (a) the regulator under the Electricity Act; or\n- (b) the regulator under the Gas Supply Act; or\n- (c) the Queensland Competition Authority established under the Queensland Competition Authority Act 1997 , section 7.","sortOrder":32},{"sectionNumber":"sec.29","sectionType":"section","heading":"Transitional regulation-making power","content":"### sec.29 Transitional regulation-making power\n\nThe Governor in Council may make a regulation (a transitional regulation ) providing for any matters of a saving or transitional nature for which it is necessary to make provision to allow or facilitate the change from the operation of the Electricity Act or Gas Supply Act, as in force before the commencement, to the operation of the NERL (Qld).\nA transitional regulation may have retrospective operation to a day not earlier than the commencement.\nA transitional regulation must declare it is a transitional regulation.\nA transitional regulation expires 3 years after the day the regulation commences.\nThe Acts Interpretation Act 1954 , section 20A, as applied by the Statutory Instruments Act 1992 , section 14, applies for the expiry.\n(sec.29-ssec.1) The Governor in Council may make a regulation (a transitional regulation ) providing for any matters of a saving or transitional nature for which it is necessary to make provision to allow or facilitate the change from the operation of the Electricity Act or Gas Supply Act, as in force before the commencement, to the operation of the NERL (Qld).\n(sec.29-ssec.2) A transitional regulation may have retrospective operation to a day not earlier than the commencement.\n(sec.29-ssec.3) A transitional regulation must declare it is a transitional regulation.\n(sec.29-ssec.4) A transitional regulation expires 3 years after the day the regulation commences.\n(sec.29-ssec.5) The Acts Interpretation Act 1954 , section 20A, as applied by the Statutory Instruments Act 1992 , section 14, applies for the expiry.","sortOrder":33},{"sectionNumber":"sch-sec.28-frag-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":34}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown beyond its original 2014 focus on straightforward adoption and transition. Amendments (including the 2024 changes to s 12) have expanded the Governor in Council's modification regulation-making power to explicitly authorise changes that prevent adverse financial impacts on defined vulnerable customer classes (Aboriginal peoples or Torres Strait Islander peoples, financially disadvantaged customers, rural or remote customers) and to increase customer protections such as explicit informed consent requirements. This shifts the Act from pure national consistency toward greater Queensland-specific consumer safeguards."},"complexity_factors":["Heavy reliance on and incorporation of an external law (National Energy Retail Law set out in the Schedule to the South Australian Act 2011)","Multiple layers of delegated legislation including modification regulations under s 12, transitional regulations under s 29, and National Energy Retail Rules","Detailed transitional provisions in Part 5 that address numerous specific contract types (standard retail, negotiated retail, connection contracts) with exceptions and carve-outs","Cross-references to the Electricity Act 1994, Gas Supply Act 2003, Queensland Competition Authority Act 1997, and specific NERL(Qld) sections such as s 25, s 26, s 34(2), s 60A, s 75, s 78, s 110","Interpretation provisions that exclude the Acts Interpretation Act 1954 and Statutory Instruments Act 1992 for the adopted Law while preserving them for the Application Act itself (s 7)","Conditional modification powers in s 12 that include non-exhaustive examples, purposes tests, and nominated-entity mechanisms"],"plain_english_summary":"**This Act applies a uniform national set of rules for selling electricity and gas to households and small businesses in Queensland.**\n\nIt takes the National Energy Retail Law (originally set out in a South Australian Act) and makes it Queensland law, with some Queensland-specific tweaks listed in a schedule or added by regulation. These rules cover things like customer contracts, billing, payment plans, complaints handling, and protections for vulnerable customers. The Act also explains how to transition from the old Queensland electricity and gas laws to the new national system — for example, automatically converting old contracts into the new standard forms without disrupting supply.\n\nIt affects energy retailers, distributors, and customers by creating consistent rights (such as the right to a standard retail contract) and obligations (such as rules on disconnecting supply). The goal is to balance national consistency with local needs, like protecting customers in remote areas or those facing financial hardship. This matters because it shapes everyday experiences with energy bills and services for millions of Queenslanders while letting the state fine-tune the rules where needed."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The core intent — adopting the national energy retail framework for Queensland — is maintained throughout. However, scope expanded beyond simple adoption to include: explicit consumer protection modification powers targeting vulnerable groups (Indigenous customers, financially disadvantaged, rural/remote); highly granular transitional provisions managing individual contract types and named entities; and a formal post-implementation review requirement. These additions indicate the legislature recognised that simply importing the national law wholesale was insufficient for Queensland's specific market circumstances, particularly its regional complexity and existing special approvals."},"complexity_factors":["Incorporates an entire external law (the South Australian National Energy Retail Law) by reference, meaning you cannot understand this Act without reading another jurisdiction's legislation","Multiple layers of law interact: this Act, the adopted South Australian law, Queensland regulations, and National Energy Retail Rules all operate simultaneously","Detailed and differentiated transitional provisions covering at least seven distinct contract migration scenarios (standard retail, negotiated retail, large customer, Origin Energy-specific, connection contracts, payment plans)","The modification regulation power has nested conditions and sub-conditions with specific tests (e.g. 'necessary or convenient', 'adverse financial effect', 'increased customer protection')","Regulatory jurisdiction is split between Queensland and the AER, with provisions allowing Queensland to nominate alternative regulators for specific modifications","Specific named entities (Origin Energy, Maranoa Regional Council, Western Downs Regional Council, Gladstone Power Station licence holder) create carve-outs that require knowledge of their particular circumstances","Exclusion of Queensland and South Australian interpretation Acts creates unusual interpretive gaps that complicate legal analysis","Validation provisions for pre-commencement AER decisions add a retrospective legal layer"],"plain_english_summary":"## What This Law Does\n\nThis Act brings Queensland into the **national energy retail system** — a shared set of rules that governs how electricity and gas retailers (the companies that sell you energy) must treat their customers.\n\nRather than writing a whole new set of rules from scratch, Queensland has adopted the **National Energy Retail Law** (originally created by South Australia) and made it apply here in Queensland, with some local tweaks.\n\n---\n\n## Who Does It Affect?\n\n- **Everyday Queenslanders** who pay electricity or gas bills — your rights as a customer are governed by this framework\n- **Energy retailers** (companies like Origin Energy) who sell electricity or gas to homes and businesses\n- **Distributors** — the companies that own the poles and wires (or gas pipes) that deliver energy to your home\n- **Regional councils** (specifically Maranoa and Western Downs) that sell electricity to local customers under special exemptions\n- **Large business customers** who buy energy in bulk\n\n---\n\n## What It Actually Does\n\n**1. Adopts national rules for Queensland**\nThe Act imports South Australia's National Energy Retail Law as if it were a Queensland law. This means Queensland plays by the same rulebook as other states participating in the national energy market.\n\n**2. Allows Queensland to customise the rules**\nThe Queensland Government can make \"modification regulations\" to tweak the national rules where needed — for example, to protect:\n- Aboriginal and Torres Strait Islander customers\n- Financially disadvantaged customers\n- People in rural and remote areas\n\n**3. Manages the transition from old Queensland rules**\nBefore this Act, Queensland had its own energy retail rules under the *Electricity Act 1994* and *Gas Supply Act 2003*. This Act carefully converts old contracts into new ones under the national framework, so customers don't fall through the cracks. For example:\n- Old standard electricity or gas contracts automatically become new \"standard retail contracts\"\n- Old instalment plans (payment arrangements for customers struggling to pay bills) automatically become \"payment plans\" under the new rules\n- Old connection agreements (the contract covering the physical connection of your home to the grid) are converted to new-style contracts\n\n**4. Keeps oversight in place**\nThe national energy regulator (the **AER** — Australian Energy Regulator) oversees compliance. Queensland regulators are authorised to share information with the AER to help it do its job.\n\n**5. Requires a review**\nThe Minister was required to review how the new rules were working in Queensland by 1 January 2018, focusing on whether customers were better or worse off.\n\n---\n\n## Why It Matters\n\nIf you're a Queensland electricity or gas customer, this law is the foundation of your consumer rights — things like your right to a payment plan if you're struggling, protections against unfair disconnection, and the requirement that retailers deal with you honestly and transparently. It also ensures Queensland businesses and regulators operate within a consistent national framework."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This Act changes the operational scope of Queensland's retail energy law by replacing or superseding parts of the prior Queensland Electricity Act 1994 and Gas Supply Act 2003 with the National Energy Retail Law as applied in Queensland (section 4) and by converting or preserving existing retail and connection contracts under NERL forms or rules (sections 19–27). It also creates new Queensland‑specific regulatory levers: (a) a defined power to make modification regulations to adapt the national regime for Queensland circumstances and specified customer classes (section 12); (b) a power to nominate an entity other than the AER to regulate specified modifications (section 12(3)–(4)); and (c) transitional and validation mechanisms to govern pre‑commencement instruments, exemptions and preparatory steps (sections 13–18, 29). These provisions alter which legal instruments and decision‑makers control retail energy matters in Queensland and set time‑limited transitional arrangements for the changeover."},"complexity_factors":["Cross‑jurisdictional adoption: applies a South Australian Schedule of the National Energy Retail Law as a law of Queensland, creating layered sources (section 4).","Regulation and Rule interaction: national Regulations and Rules apply subject to Queensland modifications (sections 5, 12).","Modification regulation power with substantive constraints: Governor in Council may modify national instruments for limited purposes with prescribed tests and examples (section 12 and 12(2A)).","Ability to nominate an alternative regulator for specific modifications, transferring AER functions for those matters (section 12(3)–(4)).","Extensive transitional regime converting multiple contract types (retail and connection) with differing conversion rules for small and large customers (sections 19–27).","Validation and retroactive authorisation of AER instruments and preparatory steps to remove legal uncertainty (sections 13–14).","Information‑sharing and confidentiality override for Queensland regulators supplying the AER, with express non‑liability carve-outs (section 28).","Temporal complexity: commencement by proclamation, varied commencement days for different provisions, time‑limited transitional instruments (sections 2, 18(2), 29(4)).","Multiple external references and dependencies (South Australian Act, NERL, NER Regulations, NER Rules, Electricity Act, Gas Supply Act), requiring cross‑checking when applied (sections 3, 4, 12, part 5).","Statutory review obligation with evaluative criteria (section 15)."],"plain_english_summary":"What this law does, mechanically\n\n- Adopts the national retail energy regime for Queensland. The National Energy Retail Law (NERL), as it appears in the Schedule to the South Australian Act, is applied in Queensland and given the same effect as an Act of the Queensland Parliament (section 4). Regulations and Rules made under that national Law also apply in Queensland (section 5). Definitions in the Act align terms used here with the national instruments (sections 3 and 6).\n\nWho it affects\n\n- Retailers and distributors of electricity and gas operating in Queensland (see definitions and transitional parts, e.g. sections 16–27).\n- Small and large customers who hold pre-existing retail or connection contracts with those retailers or distributors (sections 19–27).\n- The Australian Energy Regulator (AER) and the Commonwealth Tribunal, which are given powers to act in Queensland in the performance of functions conferred on them under the national regime (section 9).\n- Queensland regulators and the Governor in Council, who have roles in information sharing and making modification or transitional regulations (sections 11, 12, 28, 29).\n\nWhy it matters (official purpose-claims and the mechanical effects)\n\n- The Act’s stated operational effect is to replace the prior Queensland retail framework (the Electricity Act 1994 and Gas Supply Act 2003 in many respects) with the national retail regime so the national rules and AER oversight operate in Queensland (section 4; see also transitional provisions in part 5). The Act includes machinery to make local changes when necessary (sections 11 and 12).\n\n- To effect that change the Act converts or preserves many types of existing contracts and arrangements so they continue under the NERL regime or are replaced by NERL-standard forms (retail and connection contracts, instalment/payment plans, special approvals and exempt seller arrangements) — see sections 17–26. For example, pre-NERL standard retail contracts for small customers are replaced by the retailer’s NERL standard retail contract at the retailer’s standing offer prices (section 19); negotiated contracts convert to NERL market retail contracts unless inconsistent with minimum Rule requirements (section 20); some transitional exemptions operate for a limited period (sections 17–18).\n\n- The Act also gives Queensland the ability to make modification regulations to change limited parts of the national Law, Regulations or Rules as they apply in Queensland — but only for specified purposes such as making necessary or convenient changes to give effect to operation in Queensland, preventing or minimising adverse financial effects on particular classes of customers (examples listed in section 12(2A)), or increasing customer protection (section 12). A modification regulation may nominate a regulator other than the AER to monitor or enforce that modification (section 12(3)–(4)).\n\nKey implementation mechanics and constraints\n\n- The Governor in Council may make regulations contemplated under the Act (section 11).\n\n- Modification regulations are expressly limited in scope. A modification to the Law must be necessary or convenient to give effect to operation in Queensland; modifications to Regulations or Rules are limited to necessary or consequential changes, or to provide for savings or transitional matters (section 12(2)). The Act lists specific classes and purposes (including examples such as Aboriginal and Torres Strait Islander customers, financially disadvantaged customers, and rural or remote customers) that may justify a change to prevent or minimise an adverse financial effect (section 12(2A)).\n\n- Modification regulations must declare themselves as such and may name a nominated entity other than the AER to act as regulator for that particular modification; that nominated entity is taken to have the AER’s functions and powers for monitoring, investigating or enforcing the modification (section 12(4)–(5)).\n\n- To reduce legal uncertainty arising from actions the AER took before the NERL first applied in Queensland, the Act validates certain instruments and decisions made by the AER in the interim where those instruments would have been authorised had the NERL already applied (section 13). The Act also treats preparatory steps taken by the AER before commencement as satisfying any preconditions in the authorising law (section 14).\n\nOther practical effects and trade-offs to note (source-grounded)\n\n- Who pays / who bears direct costs: the Act changes the contractual basis for many customers (small and large) so customers will be on NERL-standard or market contracts with pricing references (standing offer prices, notified prices or a retailer’s previous tariffs) as specified for each conversion (sections 19–23). Retailers and distributors must convert documentation and processes to the NERL forms and comply with the national Rules as adapted for Queensland (sections 19–26, 4–5).\n\n- Compliance burden and administrative cost: converting pre-existing contracts (sections 19–27) and implementing modifications or transitional arrangements (sections 12 and 29) create work for retailers, distributors and regulators. Transitional exemptions and transitional regulations have time limits (e.g. transitional exemption ends one year after commencement in section 18; transitional regulations expire three years after commencement in section 29(4)).\n\n- Regulatory discretion and decision-making: the power to make modification regulations (section 12) and to nominate a regulator other than the AER for a specific modification (section 12(3)) delegates significant discretion to the executive (Governor in Council) and allows localized regulatory arrangements. The Act records specific constraints on when and why such modifications may be used (section 12(2) and (2A)).\n\n- Legal certainty / implementation risk: the validation clauses (sections 13–14) preserve past AER instruments and preparatory steps from challenge, reducing the legal risk that otherwise might arise from the gap between South Australian enactment and Queensland application.\n\n- Information flows: Queensland regulators are explicitly authorised to share information (including confidential information) and provide assistance to the AER, and such sharing does not, by itself, constitute a breach of other laws or confidentiality obligations (section 28). This authorises cross-jurisdictional cooperation but also shifts control of certain confidential datasets to the AER or nominated entities for specified purposes.\n\n- Review requirement: the Minister must review the operation of the NERL in Queensland by 1 January 2018, focusing on consumer impacts, efficiencies and whether customer protection was adversely affected by pursuing national consistency (section 15). The Minister may commission the Queensland Competition Authority to conduct the review (section 15).\n\nConcrete substitution effects and deadlines\n\n- Many pre-existing retail and connection contracts are either converted to NERL-standard forms on commencement or continue where specified (sections 19–27). Transitional exemptions and special approvals are either preserved temporarily or replaced with NERL-standard arrangements (sections 17–18, 21–23).\n\nSections cited: 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 (including 12(2A), 12(3)–(5)), 13, 14, 15, 16–29 (transitional provisions)."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.3 (definition of 'National Energy Retail Rules or Rules')","severity":"medium","reasoning":"The Act purports to be a self-contained Queensland law but defines one of its key terms by reference to itself (NERL Qld), which is not a discrete document but a label for provisions drawn from another jurisdiction's legislation. A reader cannot determine the meaning of 'Rules' solely from this Act.","confidence":0.72,"description":"Circular definition: 'National Energy Retail Rules or Rules' is defined as having 'the meaning given by the National Energy Retail Law (Queensland)', which is itself defined in sec.3 as 'the provisions applying in Queensland because of section 4'. The meaning of 'Rules' thus depends on a law whose own content and definitions depend on the South Australian Act as modified — creating a chain where the meaning cannot be determined from within the Act itself without external reference."},{"type":"impossible_compliance","section":"sec.8(2) and sec.8(3)","severity":"medium","reasoning":"A legal obligation that expressly carries no consequence for non-compliance is not meaningfully a legal obligation. The combination of sec.8(2) and sec.8(3) creates a rule that simultaneously demands compliance and declares compliance irrelevant. This is internally self-defeating as a legislative mechanism for parliamentary oversight.","confidence":0.88,"description":"The tabling obligation in sec.8(2) is rendered entirely hollow by sec.8(3). Section 8(2) mandates that national instruments must be tabled in the Legislative Assembly within 10 sitting days, but sec.8(3) expressly provides that failure to comply with this obligation has no legal consequence whatsoever. This reduces the tabling requirement to a purely aspirational (and unenforceable) duty, raising the question of why it exists as a legal obligation at all."},{"type":"self_contradicting","section":"sec.7(1) and sec.7(2)","severity":"low","reasoning":"The fictional status of the NERL (Qld) as both 'not an Act' (excluded from interpretation Acts) and 'as if it were an Act' creates interpretive uncertainty about which regime governs instruments made under it.","confidence":0.65,"description":"Section 7(1) excludes the Acts Interpretation Act 1954 and Statutory Instruments Act 1992 from applying to the NERL (Qld) and instruments made under it. Section 7(2) then 'removes any doubt' by clarifying these Acts still apply to 'this Act' and 'instruments made under this Act'. However, the NERL (Qld) applies 'as if it were an Act' (per sec.4(c)), creating ambiguity about whether instruments made under the NERL (Qld) in its capacity as a deemed Act are 'instruments made under this Act' for sec.7(2) purposes. The exclusion and its carve-out potentially overlap in an irresolvable way."},{"type":"impossible_compliance","section":"sec.29(2)","severity":"low","reasoning":"If the transitional concern is to manage the changeover from the old regime, retrospective operation would need to reach before commencement. Limiting retrospectivity to no earlier than commencement means regulations cannot cure pre-commencement gaps, undermining the transitional purpose.","confidence":0.6,"description":"Section 29(2) permits transitional regulations to have retrospective operation 'to a day not earlier than the commencement', while sec.29(1) defines the purpose of transitional regulations as facilitating the change FROM the pre-commencement regime TO the NERL (Qld). A regulation that is retrospective only to commencement cannot address matters arising before commencement — yet the entire transitional purpose is to bridge the pre-commencement and post-commencement positions. The retrospectivity provision therefore cannot serve the stated transitional purpose."},{"type":"self_contradicting","section":"sec.29(4) and sec.29(5)","severity":"medium","reasoning":"The structural tension between sec.7(1)(b)'s exclusion of the Statutory Instruments Act 1992 and sec.29(5)'s invocation of it creates uncertainty about whether expiry savings apply to transitional regulations, depending on how those regulations are classified.","confidence":0.63,"description":"Section 29(4) provides that a transitional regulation expires 3 years after it commences, then sec.29(5) applies the Acts Interpretation Act 1954 s.20A (savings on expiry) via the Statutory Instruments Act 1992. However, sec.7(1)(b) expressly excludes the Statutory Instruments Act 1992 from applying to the NERL (Qld) and instruments made under it. If a transitional regulation is characterised as an instrument under the NERL (Qld) rather than under 'this Act', the savings provision in sec.29(5) would be inoperative, creating an unintended gap."},{"type":"retroactive_impossibility","section":"sec.13 (Validation of instruments and decisions made by AER)","severity":"medium","reasoning":"While validation provisions are a known legislative technique, this provision requires satisfaction of conditions under a law that did not exist — including consultation or publication requirements under the authorising law. The AER could not have actually complied with requirements under a law not yet in force, yet sec.13(1)(c) requires this as a condition of validity.","confidence":0.7,"description":"Section 13 validates AER instruments and decisions made before the NERL (Qld) commenced, by deeming them authorised under laws (including the 'National Energy Retail Law (Queensland)' and 'National Energy Retail Regulations (Queensland)') that did not exist at the time those acts were done. This creates a retroactive impossibility: the AER is deemed to have acted under authority granted by a law that had not yet applied in Queensland, which is a legal fiction that may conflict with the constitutional principle that bodies can only act within their actual authority at the time of acting."},{"type":"impossible_compliance","section":"sec.15(1)","severity":"low","reasoning":"A review of the 'operation' of a law requires the law to have been operating for a sufficient period. With an open-ended commencement date and a fixed review deadline, there is a theoretical risk that the review deadline could arrive before enough operational experience exists to conduct a meaningful review.","confidence":0.55,"description":"Section 15(1) requires the Minister to review the operation of the National Energy Retail Law in Queensland 'no later than 1 January 2018'. Given that the Act commenced on a day to be fixed by proclamation (sec.2), and the National Energy Retail Law itself only commenced on proclamation, a scenario existed where the Law might not have commenced sufficiently in advance of 1 January 2018 to allow a meaningful review of its operation. The mandatory deadline was fixed without any minimum operational period being guaranteed."},{"type":"other","section":"sec.23(3)","severity":"medium","reasoning":"Importing a NSW network operator's standard contract framework as the benchmark for Queensland customers creates a mismatch. The terms of Essential Energy's standard connection arrangements reflect NSW regulatory determinations, not Queensland ones, potentially giving Queensland customers rights and obligations calibrated to a different regulatory environment.","confidence":0.75,"description":"Section 23(3) applies the NERL (Qld) to contracts between large Queensland customers and Origin Energy 'in the same way as it applies to a large customer standard retail contract, formed under the NERL (Qld), for the supply of electricity on a distribution system of Essential Energy ABN 37 428 185 226.' Essential Energy is a New South Wales distributor. Applying NSW-distributor-specific contract terms to Queensland customers served under a Queensland special approval is geographically anomalous and may result in the application of terms calibrated for a different jurisdiction's network conditions and regulatory arrangements."}],"contradictions":[{"severity":"medium","section_a":"sec.7(1)(b)","section_b":"sec.29(5)","confidence":0.65,"description":"Section 7(1)(b) excludes the Statutory Instruments Act 1992 from applying to the NERL (Qld) or instruments made under it. Section 29(5) expressly invokes the Statutory Instruments Act 1992 (s.14) in relation to the expiry of transitional regulations. If transitional regulations are characterised as instruments under the NERL (Qld) regime, sec.7(1)(b) would prevent the application of the savings provision mandated by sec.29(5), creating a direct operational contradiction."},{"severity":"medium","section_a":"sec.8(2)","section_b":"sec.8(3)","confidence":0.9,"description":"Section 8(2) imposes a mandatory obligation ('must be tabled') on instruments to be tabled within 10 sitting days. Section 8(3) declares that failure to comply with sec.8(2) has no effect on the application of the relevant law. This is a direct logical contradiction: a mandatory legal duty that carries no legal consequence for non-compliance is not a legal duty in any meaningful sense, yet the provision uses mandatory language. The two subsections cannot be coherently reconciled."},{"severity":"low","section_a":"sec.4(c)","section_b":"sec.7(1)","confidence":0.6,"description":"Section 4(c) provides that the NERL (Qld) applies 'as if it were an Act'. Section 7(1) then excludes the Acts Interpretation Act 1954 and Statutory Instruments Act 1992 from applying to the NERL (Qld). However, if the NERL (Qld) is to be treated as an Act, it would ordinarily attract the Acts Interpretation Act 1954 as a matter of Queensland law. The fiction created by sec.4(c) is partially negated by sec.7(1), creating tension between treating the NERL (Qld) as an Act for some purposes but not others, without a clear delineation of which consequences of 'Act' status are and are not intended."},{"severity":"low","section_a":"sec.12(2)(a)","section_b":"sec.12(2A)(a)","confidence":0.62,"description":"Section 12(2)(a) limits modification regulations for the Law to changes that are 'necessary or convenient' for giving effect to the Law's operation in Queensland. Section 12(2A)(a) then declares (without limiting sec.12(2)(a)) that a change is 'necessary or convenient' if it is 'likely to prevent or minimise an adverse financial effect' on a particular class of customers. However, 'necessary or convenient for giving effect to the operation of the Law' and 'preventing adverse financial effects on customers' are conceptually distinct standards — a change that benefits customers financially may not be required for the Law to operate, creating tension between the limiting words of sec.12(2)(a) and the expansive deeming in sec.12(2A)(a)."},{"severity":"low","section_a":"sec.19 (standard retail contracts for small customers)","section_b":"sec.19(4) definition of 'pre-NERL standard retail contract'","confidence":0.72,"description":"Section 19(1) limits the section's application to 'small customers', but the definition of 'pre-NERL standard retail contract' in sec.19(4)(a) includes 'standard large customer retail contract under the Electricity Act'. Including a large customer contract type within the definition of a provision that is explicitly limited to small customers creates an internal inconsistency — the large customer contract type can never apply under sec.19 given the small customer scope in sec.19(1), rendering that limb of the definition otiose and potentially confusing."},{"severity":"low","section_a":"sec.18(1) and sec.18(2)","section_b":"sec.17(2)","confidence":0.68,"description":"Section 18 grants transitional exemptions to generation authority (retail) holders and special approval (retail) holders that automatically expire 1 year after commencement. Section 17 grants exempt seller exemptions to Maranoa and Western Downs Regional Councils that persist until the AER varies or revokes them (no automatic expiry). Both types of exemptions operate under the same NERL (Qld) Part 5 Division 6 framework, yet are subject to materially different durational treatment without apparent justification for the distinction, creating inconsistent treatment between similarly situated exempt sellers."}]}},"importantCases":[],"_links":{"self":"/api/acts/national-energy-retail-law-queensland-act-2014","history":"/api/acts/national-energy-retail-law-queensland-act-2014/history","analysis":"/api/acts/national-energy-retail-law-queensland-act-2014/analysis","conflicts":"/api/acts/national-energy-retail-law-queensland-act-2014/conflicts","importantCases":"/api/acts/national-energy-retail-law-queensland-act-2014/important-cases","documents":"/api/acts/national-energy-retail-law-queensland-act-2014/documents"}}