{"id":"tas:sr-2022-038","name":"National Energy Retail Law (Tasmania) Regulations 2022","slug":"national-energy-retail-law-tasmania-regulations-2022","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"38 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179627,"registerId":"tas-tas:sr-2022-038-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [National Energy Retail Law (Tasmania) Regulations 2022](/view/html/inforce/2026-04-12/sr-2022-038) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which their making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***the Law*** means the National Energy Retail Law (Tasmania).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Consumption thresholds","content":"### 4 Consumption thresholds\n\n> For the purposes of section 5 of the Law, the upper consumption threshold for electricity is prescribed, under [section 22 of the](/view/html/inforce/2026-04-12/act-2012-011#GS22@EN) [National Energy Retail Law (Tasmania) Act 2012](/view/html/inforce/2026-04-12/act-2012-011) , to be 0.15 gigawatt hours per year.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Price comparator","content":"### 5 Price comparator\n\n> > (1)  Section 62 of the Law applies in relation to this jurisdiction.\n> \n> > (2)  In addition to the requirement of section 63 of the Law, a retailer must submit to the AER, in the manner and form (including by the date or dates) required by the AER Retail Pricing Information Guidelines, information and data relating to the purposes of a price comparator for this jurisdiction.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Modification of National Energy Retail Rules in relation to small market offer customers","content":"### 6 Modification of National Energy Retail Rules in relation to small market offer customers\n\n> > (1)  Under [section 12(3) of the](/view/html/inforce/2026-04-12/act-2012-011#GS12@Gs3@EN) [National Energy Retail Law (Tasmania) Act 2012](/view/html/inforce/2026-04-12/act-2012-011) , the National Energy Retail Rules, to the extent that they apply as part of the law of this jurisdiction, are modified as set out in this regulation.\n> \n> > (2)  Rule 6 of the National Energy Retail Rules is modified by omitting paragraph (c).\n> \n> > (3)  Rule 9 of the National Energy Retail Rules is modified by omitting paragraph (b) from subrule (2).\n> \n> > (4)  Rule 10 of the National Energy Retail Rules is modified by omitting from subrule (1) \"or as not a small market offer customer\".","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Modification of National Energy Retail Rules in relation to distributor planned interruptions","content":"### 7 Modification of National Energy Retail Rules in relation to distributor planned interruptions\n\n> > (1)  Under [section 12(3) of the](/view/html/inforce/2026-04-12/act-2012-011#GS12@Gs3@EN) [National Energy Retail Law (Tasmania) Act 2012](/view/html/inforce/2026-04-12/act-2012-011) , the National Energy Retail Rules, to the extent they apply as part of the law of this jurisdiction, are modified as set out in this regulation.\n> \n> > (2)  Rule 90 of the National Energy Retail Rules is modified by inserting after subrule (3) the following subrule:\n> > \n> > | (4) Compliance with Rule |\n> > | A distributor of electricity is not required to comply with this rule if the duration of the distributor planned interruption is for fewer than 15 minutes. |\n> \n> > (3)  The National Energy Retail Rules are modified by inserting after rule 90 the following rule:\n> > \n> > > **90A.**   **Explicit consent in relation to distributor planned interruptions**\n> > > \n> > > > > (1)  In this rule –\n> > > > > \n> > > > > > ***co-habitant***, in relation to premises, means a person, other than the customer in relation to the premises, who has attained the age of 18 years and resides at the premises.\n> > > > \n> > > > > (2)  A distributor may obtain from a co-habitant explicit consent to a distributor planned interruption in relation to premises if, were the co-habitant the customer in relation to the premises, the explicit consent would have been permitted under paragraph 90(1)(b) or (c) to be obtained.\n> > > > \n> > > > > (3)  An explicit consent, to a distributor planned interruption in relation to premises, that is obtained under subregulation (2) from a co-habitant is to be taken to be the explicit consent of the customer to the distributor planned interruption in relation to the premises.\n> \n> > (4)  Clause 6.4 of Schedule 2 to the National Energy Retail Rules is modified –\n> > \n> > > > (a) by omitting from paragraph (d)(iii) \"your explicit consent\" and substituting \"explicit consent, from you or a person you live with,\"; and\n> > > \n> > > > (b) by inserting after paragraph (d) the following paragraph:\n> > > > \n> > > > > > > (e) We are not required to give you notice if the distributor planned interruption is for fewer than 15 minutes.\n> \n> > (5)  Clause 10.2 of Schedule 2 to the National Energy Retail Rules is modified –\n> > \n> > > > (a) by omitting from paragraph (b)(i) \"your explicit consent\" and substituting \"explicit consent, from you or a person you live with,\"; and\n> > > \n> > > > (b) by omitting from paragraph (b)(ii) \"your explicit consent\" and substituting \"explicit consent, from you or a person you live with,\"; and\n> > > \n> > > > (c) by inserting after paragraph (b) the following paragraph:\n> > > > \n> > > > > > > (c) We are not required to give you notice if the distributor planned interruption is for fewer than 15 minutes.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 29 June 2022\n\nThese regulations are administered in the Department of Treasury and Finance.","sortOrder":6},{"sectionNumber":"90A","sectionType":"section","heading":"Explicit consent in relation to distributor planned interruptions","content":"### 90A Explicit consent in relation to distributor planned interruptions\n\n> > (1)  In this rule –\n> > \n> > > ***co-habitant***, in relation to premises, means a person, other than the customer in relation to the premises, who has attained the age of 18 years and resides at the premises.\n> \n> > (2)  A distributor may obtain from a co-habitant explicit consent to a distributor planned interruption in relation to premises if, were the co-habitant the customer in relation to the premises, the explicit consent would have been permitted under paragraph 90(1)(b) or (c) to be obtained.\n> \n> > (3)  An explicit consent, to a distributor planned interruption in relation to premises, that is obtained under subregulation (2) from a co-habitant is to be taken to be the explicit consent of the customer to the distributor planned interruption in relation to the premises.","sortOrder":7}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear tightly scoped to their original purpose: implementing the National Energy Retail Law in Tasmania with specific local modifications. The consumption threshold, price comparator requirements, and rule modifications all serve the core function of adapting national energy retail framework to Tasmanian conditions. No significant scope creep is evident."},"complexity_factors":["Heavy reliance on external documents — the regulations modify the National Energy Retail Rules without reproducing them, requiring readers to cross-reference another instrument","Nested modification structure — regulations 6 and 7 use 'omit X and substitute Y' or 'omit paragraph Z' language that requires holding two legal texts in mind simultaneously","Only 1 defined term in the interpretation section ('the Law'), but 1 additional defined term embedded in the substantive rules ('co-habitant')","Conditional logic in regulation 7(2) and 7(3) — creates exceptions to existing rules and then creates a deeming provision for substituted consent","Duplicate presentation of rule 90A — appears both as part of regulation 7 and as a standalone regulation, suggesting possible drafting or formatting error in the source"],"plain_english_summary":"These regulations adapt Tasmania's energy retail laws to local conditions and modify national rules that apply in the state.\n\n**What it does:**\n\n*   **Sets a consumption threshold:** Defines 'small customers' for electricity as those using less than 0.15 gigawatt hours per year. This matters because small customers get extra protections under consumer law.\n\n*   **Requires price comparison data:** Forces electricity retailers to give detailed pricing information to the Australian Energy Regulator (AER) so consumers can compare offers.\n\n*   **Tweaks national rules for Tasmania:** Changes how the National Energy Retail Rules work locally by:\n    *   Removing certain requirements about how customers are classified\n    *   Creating a 'short interruption' exemption — power companies don't need to give notice for planned outages under 15 minutes\n    *   Letting power companies get permission for planned outages from any adult living at the property (a 'co-habitant'), not just the account holder\n\n**Who it affects:**\n\n*   **Electricity retailers** operating in Tasmania\n*   **Electricity distributors** (the companies that own the poles and wires)\n*   **Tasmanian households** — particularly anyone who shares a house but isn't the named account holder\n\n**Why it matters:**\n\nThe rules make life easier for power companies by cutting red tape for brief outages and letting them deal with any responsible adult in a household. For consumers, it means slightly less protection notice for very short outages, but more flexibility if you're not the person whose name is on the electricity bill."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations make narrow, operational adjustments to apply the National Energy Retail Law in Tasmania: they set a consumption threshold, require retailer reporting for the local price comparator, and modify a small set of national Rules (small market offers and planned interruptions) to reflect local practices. They stay within the original purpose of tailoring the national retail law for the jurisdiction and do not expand the law’s scope beyond that implementation/tailoring function."},"complexity_factors":["Short, single‑instrument regulation (7 regulations + inserted Rule 90A)","Only 2 defined terms introduced locally (\"the Law\" in reg 3; \"co‑habitant\" in new Rule 90A)","Multiple cross‑references to external instruments: National Energy Retail Law (Tasmania) Act 2012 and the National Energy Retail Rules","Modifies several provisions of an external, more complex instrument (NER Rules) rather than containing long standalone rules","Introduces a simple numerical threshold (0.15 GWh) and one clear time‑based exception (<15 minutes)","Creates a new consent mechanism (co‑habitant explicit consent) with straightforward conditions"],"plain_english_summary":"**What these regulations do (mechanically)**\n\n- Set a yearly electricity consumption threshold of 0.15 gigawatt hours (150 megawatt‑hours) for the purposes of the National Energy Retail Law as applied in Tasmania (regulation 4).\n- Require retailers to supply the Australian Energy Regulator (AER) with information and data needed for the jurisdiction’s price comparator, in the manner and timetable the AER specifies in its Retail Pricing Information Guidelines (regulation 5).\n- Make specific, technical changes to how the National Energy Retail Rules operate in Tasmania in three areas:\n  - Changes to provisions about “small market offer” customers by deleting particular subparagraphs of Rules 6, 9(2) and part of 10(1) of the National Energy Retail Rules as they apply in this jurisdiction (regulation 6).\n  - Amendments to the planned‑interruption rules that: (a) exempt distributors from complying with certain notice/obligation requirements for planned interruptions that last fewer than 15 minutes (new subrule after Rule 90 at regulation 7(2)); and (b) permit a distributor to obtain “explicit consent” for a planned interruption from an adult co‑habitant at premises and treat that consent as the customer’s consent (new Rule 90A at regulation 7(3)).\n  - Updates to consumer information model clauses (Schedule 2) so they reflect the co‑habitant consent option and the 15‑minute no‑notice exception (regulation 7(4)–(5)).\n\n**Who this affects**\n\n- Electricity retailers: must supply pricing comparator data to the AER in the form and on the timetable the AER requires (regulation 5). They are also affected by the rules changes about small market offers (regulation 6).\n- Electricity distributors: gain operational relief for very short planned interruptions (<15 minutes) and can rely on explicit consent obtained from an adult co‑habitant where appropriate (regulation 7 and new Rule 90A).\n- Customers (households and businesses): the threshold in reg 4 affects which customers fall inside certain regulatory categories; customers may receive less notice for very short planned interruptions, and a consenting adult at the premises can lawfully provide the explicit consent that the rules require for some interruptions (regulation 7 and Rule 90A).\n- The AER: gains a formal power to require retailers to submit data for the jurisdictional price comparator, shaping the comparator’s inputs (regulation 5).\n\n**Why it matters (claimed purpose and practical effects)**\n\n- The regulations claim to tailor the national retail law to local operational realities: specify a local consumption cut‑off, support the AER’s price comparator function, reduce administrative burden for distributors dealing with very short outages, and allow consent from an adult co‑habitant where the customer is not available.\n\n- Practical mechanism and incentives:\n  - By prescribing a consumption threshold (0.15 GWh/yr), the instrument fixes a numerical boundary that determines which large accounts are treated differently under section 5 of the Law (regulation 4). That changes which customers are captured by particular obligations or exemptions in the Law.\n  - Requiring retailers to submit comparator data (regulation 5) imposes ongoing data and reporting costs on retailers; the AER’s Guidelines determine the specific format and timing, so the compliance burden will depend on those Guidelines.\n  - The 15‑minute exception reduces the operational/administrative tasks for distributors in cases of very short interruptions (they will not be required to comply with the specified notification/handling obligations), and so lowers their immediate compliance costs and response time. The trade‑off is that customers will not receive notice for interruptions under 15 minutes (regulation 7(2), Schedule 2 amendments).\n  - Allowing a distributor to accept explicit consent from an adult co‑habitant (Rule 90A) changes the decision‑maker at the point of consent: distributors can rely on the consent of an adult resident rather than needing to locate the registered customer. This reduces delay and operational friction for planned works but creates a reliance on the accuracy and validity of the co‑habitant’s consent (regulation 7 and Rule 90A).\n\n**Costs, trade‑offs and implementation risks**\n\n- Who pays: retailers and distributors bear the principal compliance and operational costs (data provision to the AER, changed notification processes, or new procedures for obtaining/recording co‑habitant consent). Customers bear the service‑level cost of less notice for very short interruptions and the risk of a co‑habitant consenting to interruptions they would not have agreed to.\n\n- Incentives and behaviour changes:\n  - Retailers may need administrative systems to collect and submit AER comparator data and to track which customers meet the 0.15 GWh threshold.\n  - Distributors are incentivised to proceed without notice for interruptions under 15 minutes, and to adopt processes to obtain and record co‑habitant consent. That may reduce delay for maintenance but could encourage minimal communications for short outages.\n\n- Risks and trade‑offs:\n  - Record‑keeping and verification: treating co‑habitant consent as customer consent requires reliable processes to prove who gave consent and that the person was over 18 and living at the premises. Without tight controls, there is risk of disputed consent.\n  - Consumer protection vs efficiency: the 15‑minute exception reduces administrative burden but also reduces consumer information; the net effect depends on how often such short interruptions occur and their impact on vulnerable consumers or sensitive equipment.\n  - Dependence on external materials: the practical compliance burden for retailers depends on the AER’s Retail Pricing Information Guidelines, which sit outside these regulations (regulation 5).\n\n**Where to look for detail**\n\n- For the exact text and practical effect of the deleted or amended subparagraphs concerning “small market offer customers,” consult the current National Energy Retail Rules (Rules 6, 9 and 10) and compare the pre‑ and post‑amendment text (regulation 6). The regulation removes specified subparagraphs rather than replacing them with new text.\n\n(References: regulation numbers are shown in parentheses above — reg 4, reg 5, reg 6, reg 7 and the inserted Rule 90A.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available document content (which is primarily status and administrative information), there is no evidence that the scope of these regulations has changed from their original intent. They appear to remain focused on adapting the national energy retail framework for Tasmania's specific circumstances, consistent with their stated purpose since commencement on 29 June 2022."},"complexity_factors":["Operates within a layered legal framework — these regulations interact with both the national Energy Retail Law and existing Tasmanian legislation, requiring cross-referencing multiple instruments","Energy retail regulation involves technical concepts (metering, network tariffs, hardship provisions) that are not straightforward for laypersons","Tasmania-specific modifications to a national scheme create complexity in determining which rules apply and when","The document provided is largely administrative metadata rather than substantive regulatory content, limiting full analysis and creating uncertainty about the actual provisions","Energy law frequently intersects with consumer protection law, contract law, and administrative law, adding interpretive layers"],"plain_english_summary":"These Tasmanian regulations implement the National Energy Retail Law locally, setting out how electricity and gas are sold in Tasmania. They affect Tasmanian households, businesses, energy retailers and distributors by adapting the national framework to local market conditions.\n\nThey fill in practical details the national law leaves open—timeframes, thresholds and Tasmania-specific variations—so they shape customer protections (billing, hardship, disconnection, complaints) and businesses’ compliance obligations."}},"importantCases":[],"_links":{"self":"/api/acts/national-energy-retail-law-tasmania-regulations-2022","history":"/api/acts/national-energy-retail-law-tasmania-regulations-2022/history","analysis":"/api/acts/national-energy-retail-law-tasmania-regulations-2022/analysis","conflicts":"/api/acts/national-energy-retail-law-tasmania-regulations-2022/conflicts","importantCases":"/api/acts/national-energy-retail-law-tasmania-regulations-2022/important-cases","documents":"/api/acts/national-energy-retail-law-tasmania-regulations-2022/documents"}}