{"id":"sr:national-energy-retail-law-victoria-regulations-2024","name":"National Energy Retail Law (Victoria) Regulations 2024","slug":"national-energy-retail-law-victoria-regulations-2024","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183413,"registerId":"vic-sr:national-energy-retail-law-victoria-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Energy Retail Law (Victoria) Regulations 2024","content":"Version No. 001\n\n**National Energy Retail Law (Victoria) Regulations 2024**\n\n**S.R. No. 70/2024**\n\nVersion as at  \n30 July 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\nPart 2—Modification of the National Energy Retail Law 2\n\n4 Interpretation 2\n\n5 Meaning of civil penalty provision and conduct provision 7\n\n6 Meaning of customer and associated terms 8\n\n7 New section 5A inserted 8\n\n8 Omission of sections 6 and 7 9\n\n9 Savings and transitionals 9\n\n10 Omission of sections 11 and 12 10\n\n11 Omission of section 13A 10\n\n12 Definitions 10\n\n13 Issue of RoLR notice 12\n\n14 Transfer of responsibility 12\n\n15 Termination of customer retail contracts 12\n\n16 Omission of section 142 13\n\n17 Contractual arrangements for sale of energy to transferred small customers 13\n\n18 Duration of arrangements for small customers 14\n\n19 Information to be provided to AER by AEMO and retailers 14\n\n20 New Subdivision 2A of Part 6 inserted 15\n\n21 Meaning of RoLR regulatory information notice 15\n\n22 Further provision about the information that may be described in a RoLR regulatory information notice 16\n\n23 Provision of information obtained from RoLR regulatory information notice 16\n\n24 Contents of RoLR plans 17\n\n25 RoLR cost recovery scheme distributor payment determination 18\n\n26 Application for retailer authorisation by failed retailer or associate 18\n\n27 AER report on RoLR event 20\n\n28 Immunity 20\n\n29 Authorised disclosure of information 20\n\n30 Functions and powers of AER (including delegations) 21\n\n31 Manner in which AER performs AER regulatory functions and powers 21\n\n32 Compliance audits by AER 21\n\n33 Compliance audits by regulated entities 21\n\n34 Contents of compliance reports 21\n\n35 AER Compliance Procedures and Guidelines 21\n\n36 Schedule 1—Savings and transitionals 21\n\nPart 3—Modification of the National Regulations 22\n\n37 Omission of reference to Rules in regulation 6(1) 22\n\n38 Omission of regulations 7, 8, 9, 9A and 9B 22\n\n39 Omission of regulation 12 22\n\n40 Omission of regulations 13 and 14 22\n\n41 Schedule 1 substituted 22\n\n42 Omission of Schedules 2 and 3 23\n\n43 Schedule 4 substituted 23\n\nPart 4—Modification of the National Energy Retail Rules 27\n\n44 Modification of the National Energy Retail Rules 27\n\n═════════════\n\nEndnotes 28\n\n1 General information 28\n\n2 Table of Amendments 30\n\n3 Explanatory details 31\n\n**Version No.** **001**\n\n**National Energy Retail Law (Victoria) Regulations 2024**\n\n**S.R. No. 70/2024**\n\nVersion as at  \n30 July 2024\n\nPart 1—Preliminary\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe modifications to—\n\n(a) the applicable NERL provisions for the purposes of the **National Energy Retail Law (Victoria) Act 2024**; and\n\n(b) the National Regulations made under the National Energy Retail Law for the purposes of the applicable NERL provisions; and\n\n(c) the National Energy Retail Rules for the purposes of the applicable NERL provisions.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 11 of the **National Energy Retail Law (Victoria) Act 2024**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 30 July 2024.\n\nPart 2—Modification of the National Energy Retail Law\n\n\t4 Interpretation\n\n(1) Section 2(1) of the National Energy Retail Law is modified as if the following definitions were inserted in it (in the appropriate alphabetical place)—\n\n\"***Code of Practice*** means a Code of Practice applying to—\n\n(a) the electricity industry under Part 6 of the *Essential Services Commission Act 2001* of Victoria or the Electricity Industry Act; or\n\n(b) the gas industry under Part 6 of the *Essential Services Commission Act 2001* of Victoria or the Gas Industry Act;\n\n***Commission*** means the Essential Services Commission established under section 7 of the *Essential Services Commission Act 2001* of Victoria;\n\n***deemed contract*** means a contract that is deemed to be a contract—\n\n(a) for the supply and sale of electricity under section 39 of the Electricity Industry Act; or\n\n(b) for the supply and sale of gas under section 46 of the Gas Industry Act;\n\n***distribution pipeline*** has the same meaning as in the Gas Industry Act;\n\n***Electricity Industry Act*** means the *Electricity Industry Act 2000* of Victoria;\n\n***Energy Retail Code of Practice*** means the Energy Retail Code of Practice made under section 47(1) of the *Essential Services Commission Act 2001* of Victoria, published by the Commission on 1 October 2022 and as amended from time to time;\n\n***Gas Industry Act*** means the *Gas Industry Act 2001* of Victoria;\n\n***licence*** means—\n\n(a) a licence issued under Part 2 of the Electricity Industry Act; or\n\n(b) a licence issued under Part 3 of the Gas Industry Act;\n\n***licensee*** means the holder of—\n\n(a) a licence issued under Part 2 of the Electricity Industry Act; or\n\n(b) a licence issued under Part 3 of the Gas Industry Act;\n\n***life support customer*** means—\n\n(a) a life support customer within the meaning of section 40SA of the Electricity Industry Act; or\n\n(b) a life support customer within the meaning of section 48DC of the Gas Industry Act;\n\n***renewable energy feed-in arrangements*** means Division 5A of Part 2 of the Electricity Industry Act;\n\n***standard assistance*** has the meaning given by clause 125 of the Energy Retail Code of Practice;\n\n***tailored assistance*** has the same meaning as in the Energy Retail Code of Practice;\".\n\n(2) Section 2(1) of the National Energy Retail Law is modified as if—\n\n(a) for the definition of ***AER regulatory function or power*** there were substituted—\n\n\"***AER regulatory function or power*** means a function or power performed or exercised by the AER under this Law or the Rules that relates to the RoLR scheme under Part 6;\";\n\n(b) in the definition of ***customer retail contract***, the words \"of a kind referred to in section 20\" were omitted;\n\n(c) for the definition of ***customer connection contract*** there were substituted—\n\n\"***customer connection contract*** means—\n\n(a) in the case of electricity—\n\n(i) a connection contract within the meaning of the NER; or\n\n(ii) a contract deemed to have been entered into in accordance with section 40A(5) of the Electricity Industry Act; or\n\n(b) in the case of gas—\n\n(i) a connection contract within the meaning of the NGR; or\n\n(ii) a contract deemed to have been entered into in accordance with section 48(6) of the Gas Industry Act;\";\n\n(d) for the definition of ***distributor*** there were substituted—\n\n\"***distributor*** means a person who holds a licence that authorises the person—\n\n(a) in the case of electricity—to distribute electricity; or\n\n(b) in the case of gas—to provide services by means of a distribution pipeline;\";\n\n(e) for the definition of ***explicit informed consent*** there were substituted—\n\n\"***explicit informed consent*** has the meaning given by section 5A;\";\n\n(f) for the definition of ***life support equipment*** there were substituted—\n\n\"***life support equipment*** means—\n\n(a) life support equipment within the meaning of section 40SA of the Electricity Industry Act; or\n\n(b) life support equipment within the meaning of section 48DC of the Gas Industry Act;\";\n\n(g) for the definition of ***market retail contract*** there were substituted—\n\n\"***market retail contract*** means a contract between a small customer and a retailer (other than a deemed contract or a standard retail contract);\";\n\n(h) for the definition of ***payment plan*** there were substituted—\n\n\"***payment plan*** has the same meaning as in the Energy Retail Code of Practice;\";\n\n(i) for the definition of ***retailer*** there were substituted—\n\n\"***retailer*** means—\n\n(a) a retailer within the meaning of the Electricity Industry Act; or\n\n(b) a gas retailer within the meaning of the Gas Industry Act;\";\n\n(j) for the definition of ***retailer authorisation*** there were substituted—\n\n\"***retailer authorisation*** means a retailer authorisation within the meaning of the National Energy Retail Law that is issued to a retailer in a participating jurisdiction (other than Victoria);\";\n\n(k) for the definition of ***standard retail contract*** there were substituted—\n\n\"***standard retail contract*** means—\n\n(a) in the case of electricity—a customer retail contract that arises from the acceptance of—\n\n(i) a licensee standing offer within the meaning of the Electricity Industry Act; or\n\n(ii) a regulated tariff standing offer within the meaning of the Electricity Industry Act; or\n\n(b) in the case of gas—a customer retail contract that arises from the acceptance of a licensee standing offer within the meaning of the Gas Industry Act;\".\n\n(3) Section 2(1) of the National Energy Retail Law is modified as if the definitions of ***AER Exempt Selling Guidelines***, ***AER exempt selling regulatory function or power***, ***AER Retail Pricing Information Guidelines***, ***AER Retailer Authorisation Guidelines***, ***connection***, ***customer hardship policy***, ***deemed AER approved standard connection contract***, ***deemed customer retail arrangement***, ***deemed standard connection contract***, ***distributor service standards***, ***energy marketing activity***, ***entry criteria***, ***exempt seller***, ***GSL scheme***, ***hardship customer***, ***hardship program indicators***, ***innovative trial principles***, ***local area retailer***, ***market offer***, ***market offer prices***, ***negotiated connection contract***, ***new connection***, ***nominated distributor***, ***prepayment meter market retail contract***, ***prepayment meter system***, ***price comparator***, ***Public Register of Authorised Retailers and Exempt Sellers***, ***small market offer customer***, ***standard complaints and dispute resolution procedures***, ***standing offer***, ***trial project***, ***trial Rule***, ***trial waiver*** and ***upper consumption threshold*** were omitted.\n\n(4) Section 2(5) of the National Energy Retail Law is modified as if for \"To avoid doubt\" in that subsection there were substituted \"For the purposes of Part 6\".\n\n\t5 Meaning of civil penalty provision and conduct provision\n\nSection 4 of the National Energy Retail Law is modified as if for the table at the foot of subsection (1) there were substituted—\n\n\"\n\n| **Provision** | **Section heading** |\n| --- | --- |\n| Section 143(2)(a) | Compliance requirements following service of RoLR notice |\n| Section 156 | Compliance with RoLR regulatory information notices |\n| Section 274(1) | Obligation of regulated entities to provide information and data about compliance |\n| Section 276(1) and (4) | Compliance audits by regulated entities |\n\n\n\".\n\n\t6 Meaning of customer and associated terms\n\nSection 5 of the National Energy Retail Law is modified as if for subsections (2), (3) and (4) there were substituted—\n\n\"(2) A small customer is a person, or a member of a class of persons, who is declared to be a domestic or small business customer in an Order under section 35(5) of the Electricity Industry Act or section 42(5) of the Gas Industry Act.\n\n(3) A large customer is a customer who is not a small customer.\".\n\n\t7 New section 5A inserted\n\nPart 1 of the National Energy Retail Law is modified as if after section 5 there were inserted—\n\n\"5A Meaning of *explicit informed consent*\n\n(1) Explicit informed consent to a transaction is consent given by a small customer to a retailer where—\n\n(a) the retailer, or a person acting on behalf of the retailer, has clearly, fully and adequately disclosed in plain English all matters relevant to the consent of the small customer, including each specific purpose or use of the consent; and\n\n(b) the small customer gives the consent to the transaction in accordance with subsection (2); and\n\n(c) the small customer is competent to do so; and\n\n(d) any requirements prescribed by the Energy Retail Code of Practice for the purposes of clause 7(1)(d) of that Code of Practice have been complied with.\n\n(2) Explicit informed consent requires the consent to be given by the small customer—\n\n(a) in writing signed by the small customer; or\n\n(b) verbally, so long as the verbal consent is evidenced in such a way that it can be verified and made the subject of a record under clause 8 of the Energy Retail Code of Practice; or\n\n(c) by electronic communication generated by the small customer.\".\n\n\t8 Omission of sections 6 and 7\n\nPart 1 of the National Energy Retail Law is modified as if sections 6 and 7 were omitted.\n\n\t9 Savings and transitionals\n\nSection 8A of the National Energy Retail Law is modified as if there were substituted—\n\n\"8A Savings and transitionals\n\nParts 3 and 4 of Schedule 1 have effect.\".\n\n\t10 Omission of sections 11 and 12\n\nPart 1 of the National Energy Retail Law is modified as if sections 11 and 12 were omitted.\n\n\t11 Omission of section 13A\n\nPart 1 of the National Energy Retail Law is modified as if section 13A were omitted.\n\n\t12 Definitions\n\n(1) Section 122 of the National Energy Retail Law is modified as if the following definition were inserted in it (in the appropriate alphabetical place)—\n\n\"***national retailer*** means a retailer that also holds a retailer authorisation;\".\n\n(2) Section 122 of the National Energy Retail Law is modified as if in the definition of ***RoLR event***—\n\n(a) for \", in relation to a retailer, means\" there were substituted \"means\";\n\n(b) paragraph (a) was omitted;\n\n(c) in paragraph (b)(i) and (ii), for \"the retailer\" there were substituted \"a retailer\";\n\n(d) in paragraph (b)(ii), for \"NEL;\" there were substituted \"NEL; or\";\n\n(e) after paragraph (b)(ii) there were inserted—\n\n\t\"(iii) the revocation of a retailer's licence under section 29(3) or Division 8 of Part 2 of the Electricity Industry Act;\";\n\n(f) in paragraph (c)(i), for \"the retailer\" there were substituted \"a retailer\";\n\n(g) in paragraph (c)(ii) and (iii), for \"the retailer's\" there were substituted \"a retailer's\";\n\n(h) in paragraph (c)(iii), for \"revoked;\" there were substituted \"revoked; or\";\n\n(i) after paragraph (c)(iii) there were inserted—\n\n\t\"(iv) the revocation of a retailer's licence under section 38(3) or Division 6 of Part 3 of the Gas Industry Act;\";\n\n(j) in paragraphs (d) and (e), for \"the retailer\" (where twice occurring) there were substituted \"a retailer\";\n\n(k) in paragraph (f), for \"the retailer\" there were substituted \"a national retailer\";\n\n(l) in paragraph (f)(iii), for \"another retailer\" there were substituted \"a retailer\";\n\n(m) for paragraph (f)(iv) there were substituted—\n\n\"(iv) selling or otherwise disposing in whole or in part its business of the sale of energy (being the activity to which the national retailer's retailer authorisation relates) to a retailer; or\n\n(v) selling or otherwise disposing in whole or in part its business of the sale of energy (being the activity to which the national retailer's licence relates) to a retailer or another national retailer;\";\n\n(n) after paragraph (f) there were inserted—\n\n\"(fa) the cessation of the sale of energy by a retailer to customers, otherwise than by—\n\n(i) the transfer of its licence in accordance with section 31 of the Electricity Industry Act or section 40 of the Gas Industry Act; or\n\n(ii) transfer of all or some of its customers to another retailer; or\n\n(iii) selling or otherwise disposing in whole or in part its business of the sale of energy (being the activity to which its licence relates) to another retailer;\".\n\n\t13 Issue of RoLR notice\n\nSection 136(2) of the National Energy Retail Law is modified as if for paragraph (f) there were substituted—\n\n\"(f) if the failed retailer is a national retailer, specify whether the AER has revoked the failed retailer's retailer authorisation; and\n\n(fa) if applicable, specify whether the failed retailer's licence has been revoked under section 49B(2) of the Electricity Industry Act or section 51B(2) of the Gas Industry Act; and\".\n\n\t14 Transfer of responsibility\n\nSection 140 of the National Energy Retail Law is modified as if subsection (4) was omitted.\n\n\t15 Termination of customer retail contracts\n\nSection 141 of the National Energy Retail Law is modified as if—\n\n(a) in subsection (4)—\n\n(i) for \"authorisation has not been revoked under section 142\" in that subsection there were substituted \"licence has not been revoked under section 29(3) or Division 8 of Part 2 of the Electricity Industry Act or section 38(3) or Division 6 of Part 3 of the Gas Industry Act (as the case requires)\";\n\n(ii) in paragraphs (a) and (b), for \"Part 4\" in those paragraphs there were substituted \"the customer dispute resolution scheme entered into by the licensee in accordance with section 28 of the Electricity Industry Act or section 36 of the Gas Industry Act (as the case requires)\";\n\n(b) subsection (10) was omitted.\n\n\t16 Omission of section 142\n\nPart 6 of the National Energy Retail Law is modified as if section 142 was omitted.\n\n\t17 Contractual arrangements for sale of energy to transferred small customers\n\nSection 145 of the National Energy Retail Law is modified as if for subsections (3) and (4) there were substituted—\n\n\"(3) The terms and conditions of the RoLR deemed small customer retail arrangement are the terms and conditions—\n\n(a) decided by the Commission under section 35(1)(b) of the Electricity Industry Act or section 42(1)(b) of the Gas Industry Act; or\n\n(b) specified in clause 18 of the Energy Retail Code of Practice.\n\n(4) The prices applicable to the RoLR deemed small customer retail arrangement are—\n\n(a) in the case of electricity—the tariffs specified in paragraph (a) of the definition of ***licensee standing offer*** in section 3(1) of the Electricity Industry Act; or\n\n(b) in the case of gas—the tariffs specified in paragraph (a) of the definition of ***licensee standing offer*** in section 3(1) of the Gas Industry Act—\n\nwith any variations in accordance with, or consequent on, the applicable RoLR cost recovery scheme determined under Division 9.\".\n\n\t18 Duration of arrangements for small customers\n\nSection 147 of the National Energy Retail Law is modified as if for subsection (4) there were substituted—\n\n\"(4) After that period of 3 months (but not earlier unless the designated RoLR agrees), the small customer and designated RoLR may seek to negotiate a market retail contract consistently with terms and conditions—\n\n(a) decided by the Commission under section 36(1)(a) and (b) of the Electricity Industry Act or section 43(1)(a) and (b) of the Gas Industry Act; or\n\n(b) specified in clause 20 of the Energy Retail Code of Practice.\".\n\n\t19 Information to be provided to AER by AEMO and retailers\n\n(1) The heading to section 150 of the National Energy Retail Law is modified as if after \"**AER**\" in that heading there were inserted \"**and the Commission**\".\n\n(2) Section 150(1) of the National Energy Retail Law is modified as if after \"AER\" in that subsection there were inserted \"and the Commission\".\n\n(3) Section 150(2) of the National Energy Retail Law is modified as if for \"and AEMO\" in that subsection there were substituted \", AEMO and the Commission\".\n\n\t20 New Subdivision 2A of Part 6 inserted\n\nPart 6 of the National Energy Retail Law is modified as if after section 150 there were inserted—\n\n\"Subdivision 2A—General obligation to notify Commission\n\n150A Information to be provided to Commission by AER\n\nThe AER must without delay notify the Commission of any event, circumstance or matter of which the AER is aware and which—\n\n(a) it has reason to believe—\n\n(i) might be, is or may be at some time in the future an event, circumstance or matter that may or will affect a retailer's ability to maintain continuity of the sale of energy to its customers; or\n\n(ii) gives rise to some risk of affecting a retailer's ability to maintain continuity of the sale of energy to its customers; or\n\n(b) gives rise to, or gives rise to some risk of, a RoLR event.\".\n\n\t21 Meaning of RoLR regulatory information notice\n\nSection 151(1) of the National Energy Retail Law is modified as if after paragraph (b) there were inserted—\n\n\"(ba) the Commission;\".\n\n\t22 Further provision about the information that may be described in a RoLR regulatory information notice\n\nSection 154(2) of the National Energy Retail Law is modified as if—\n\n(a) for paragraph (f) there were substituted—\n\n\"(f) details of any customer who is—\n\n(i) receiving standard assistance or tailored assistance; or\n\n(ii) entitled to receive tailored assistance;\";\n\n(b) for paragraph (g) there were substituted—\n\n\"(g) information that may be used to identify or locate any customer of the retailer who may be affected by family violence within the meaning of section 5 of the *Family Violence Protection Act 2008* of Victoria without that customer's consent;\n\n(ga) whether any customer is registered in the register that is established and maintained under section 40SV of the Electricity Industry Act or section 48DX of the Gas Industry Act (as the case requires);\n\n(gb) if paragraph (ga) applies, the information that is included in the register in respect of the customer;\";\n\n(c) paragraph (i) were omitted.\n\n\t23 Provision of information obtained from RoLR regulatory information notice\n\nSection 157 of the National Energy Retail Law is modified as if for \"AER to AEMO,\" there were substituted \"AER to AEMO, the Commission,\".\n\n\t24 Contents of RoLR plans\n\nSection 163 of the National Energy Retail Law is modified as if—\n\n(a) for paragraph (c) there were substituted—\n\n\"(c) include, in the event of a RoLR event, strategies for the designated RoLR to quickly and effectively communicate to affected small customers—\n\n(i) details of what happens with their existing contracts with the failed retailer; and\n\n(ii) the effect of sections 140 and 141 in relation to the following—\n\n(A) a customer who is receiving standard assistance or tailored assistance or entitled to receive tailored assistance;\n\n(B) a life support customer;\n\n(C) renewable energy feed-in arrangements;\n\n(D) the termination of direct debits (including Centrepay) in accordance with clause 72 of the Energy Retail Code of Practice;\n\n(E) refunds of advance payments;\n\n(F) any security deposit within the meaning of the Energy Retail Code of Practice;\n\n(G) uncompleted service orders; and\n\n(iii) details as to the designated RoLR and the arrangements that apply for the sale of energy; and\";\n\n(b) in paragraph (d)(i), for \"that are hardship customers\" in that subparagraph there were substituted \"who are receiving standard assistance or tailored assistance or entitled to receive tailored assistance\".\n\n\t25 RoLR cost recovery scheme distributor payment determination\n\nSection 167 of the National Energy Retail Law is modified as if for subsection (6) there were substituted—\n\n\"(6) The following provisions do not apply to a retailer in respect of a variation of its standing offer prices as a result of a RoLR cost recovery scheme—\n\n(a) in the case of electricity—section 35(3A) of the Electricity Industry Act;\n\n(b) in the case of gas—section 42(3A) of the Gas Industry Act.\".\n\n\t26 Application for retailer authorisation by failed retailer or associate\n\n(1) The heading to section 170 of the National Energy Retail Law is modified as if there were substituted—\n\n\"170 Determination by AER of payments by failed retailer or associate if failed retailer granted licence by Commission\".\n\n(2) Section 170 of the National Energy Retail Law is modified as if for subsections (1), (2) and (3) there were substituted—\n\n\"(1) This section applies if—\n\n(a) a failed retailer or an associate of a failed retailer applies for a licence under the Electricity Industry Act or Gas Industry Act; and\n\n(b) the Commission grants the application on the condition that the applicant pays a proportion or the whole of the costs of a prior RoLR event as determined by the AER.\n\n(2) The AER may determine that a licensee must pay a proportion or the whole of the costs of a prior RoLR event to the relevant distributors and—\n\n(a) in the case of a licensee issued a licence under the Electricity Industry Act—the determination by the AER is taken to be a regulatory change event and negative change event for the purposes of the NER and the payment is taken to be a negative pass through amount approved by the AER under the NER; and\n\n(b) in the case of a licensee issued a licence under the Gas Industry Act—the payment is taken to be an approved pass through allowing variation of a distributor's reference tariffs.\n\n(3) For the purposes of enabling the AER to determine a payment under subsection (2), the AER and the Commission may disclose to each other any information held for or in connection with the RoLR scheme including—\n\n(a) confidential information; or\n\n(b) personal information within the meaning of the *Privacy Act 1988* of the Commonwealth or the *Privacy and Data Protection Act 2014* of Victoria.\".\n\n\t27 AER report on RoLR event\n\nSection 172 of the National Energy Retail Law is modified as if after subsection (1) there were inserted—\n\n\"(1A) To assist the AER to prepare the report, the AER and the Commission may disclose to each other any information held for or in connection with the RoLR event including—\n\n(a) confidential information; or\n\n(b) personal information within the meaning of the *Privacy Act 1988* of the Commonwealth or the *Privacy and Data Protection Act 2014* of Victoria.\".\n\n\t28 Immunity\n\nSection 173(3) of the National Energy Retail Law is modified as if in the definition of ***protected person*** after paragraph (b) there were inserted—\n\n\"(ba) the Commission; or\".\n\n\t29 Authorised disclosure of information\n\nSection 174 of the National Energy Retail Law is modified as if—\n\n(a) after \"Commonwealth\" there were inserted \", the *Privacy and Data Protection Act 2014* of Victoria\";\n\n(b) in paragraph (a), for \"AEMO,\" in that paragraph there were substituted \"AEMO, the Commission,\".\n\n\t30 Functions and powers of AER (including delegations)\n\nSection 204(1) of the National Energy Retail Law is modified as if paragraphs (ba) and (fa) were omitted.\n\n\t31 Manner in which AER performs AER regulatory functions and powers\n\nSection 205 of the National Energy Retail Law is modified as if for \"hardship customers\" there were substituted \"customers who are receiving standard assistance or tailored assistance or entitled to receive tailored assistance\".\n\n\t32 Compliance audits by AER\n\nSection 275 of the National Energy Retail Law is modified as if subsection (2) was omitted.\n\n\t33 Compliance audits by regulated entities\n\nSection 276 of the National Energy Retail Law is modified as if—\n\n(a) subsection (2) was omitted;\n\n(b) in the note at the foot of subsection (4), for \"Subsections (1), (2) and\" in that note there were substituted \"Subsections (1) and\".\n\n\t34 Contents of compliance reports\n\nSection 280 of the National Energy Retail Law is modified as if paragraph (c) was omitted.\n\n\t35 AER Compliance Procedures and Guidelines\n\nSection 281(2) of the National Energy Retail Law is modified as if paragraph (e) was omitted.\n\n\t36 Schedule 1—Savings and transitionals\n\nSchedule 1 to the National Energy Retail Law is modified as if Parts 1, 2 and 5 were omitted.\n\nPart 3—Modification of the National Regulations\n\n\t37 Omission of reference to Rules in regulation 6(1)\n\nPart 2 of the National Regulations is modified as if in regulation 6(1) \", or Rules\" were omitted.\n\n\t38 Omission of regulations 7, 8, 9, 9A and 9B\n\nPart 2 of the National Regulations is modified as if regulations 7, 8, 9, 9A and 9B were omitted.\n\n\t39 Omission of regulation 12\n\nPart 2 of the National Regulations is modified as if regulation 12 was omitted.\n\n\t40 Omission of regulations 13 and 14\n\nPart 3 of the National Regulations is modified as if regulations 13 and 14 were omitted.\n\n\t41 Schedule 1 substituted\n\nThe National Regulations are modified as if for Schedule 1 there were substituted—\n\n\"Schedule 1—Civil penalty provisions\n\nPart 1—Tier 1 civil penalty provisions\n\nProvisions of the Law\n\nSection 143(2)(a)\n\nSection 274(1)\n\nSection 276(1)\n\nSection 276(4)\n\nPart 2—Tier 2 civil penalty provisions\n\nProvisions of the Law\n\nSection 156\".\n\n\t42 Omission of Schedules 2 and 3\n\nThe National Regulations are modified as if Schedules 2 and 3 were omitted.\n\n\t43 Schedule 4 substituted\n\nThe National Regulations are modified as if for Schedule 4 there were substituted—\n\n\"Schedule 4—Retailers of last resort\n\n| **Default RoLR's name** | **Energy that applies to RoLR** | **Connection point or distribution system** |\n| --- | --- | --- |\n| AGL Sales Pty Ltd (ACN 090 538 337) | Electricity | Customers located in Victoria who are connected to the distribution system of United Energy Distribution Pty Ltd (ACN 064 651 029) and Jemena Electricity Networks (Vic) Ltd (ACN 064 651 083) |\n| AGL Sales Pty Ltd (ACN 090 538 337) | Natural gas and natural gas equivalents | Customers located in Victoria who are connected to the distribution system of AusNet Gas Services Pty Ltd (ACN 086 015 036) |\n| Origin Energy Electricity Limited (ACN 071 052 287) | Electricity | Customers located in Victoria who are connected to the distribution system of—<br>(a) Citipower Pty Ltd (ACN 064 651 056); and<br>(b) Powercor Australia Ltd (ACN 064 651 109) |\n| Origin Energy (Vic) Pty Ltd (ACN 086 013 283) | Natural gas and natural gas equivalents | Customers located in Victoria who are connected to the distribution system of Multinet Gas Distribution Partnership (partnership of Multinet Gas (DB No. 1) Pty Ltd (ACN 086 026 986) and Multinet Gas (DB No. 2) Pty Ltd (ACN 086 230 122) |\n| Origin Energy (Vic) Pty Ltd (ACN 086 013 283) | Natural gas and natural gas equivalents | Customers located in Victoria who are connected to the distribution system of Australian Gas Networks (VIC) Pty Ltd (ACN 085 899 001) (not forming part of a declared distribution system within the meaning of the National Gas (Victoria) Law) |\n| Origin Energy (Vic) Pty Ltd (ACN 086 013 283) | Natural gas and natural gas equivalents | Customers located in Victoria who are connected to the distribution system of Multinet Gas Distribution Partnership (partnership of Multinet Gas (DB    No. 1) Pty Ltd (ACN 086 026 986) and Multinet Gas (DB    No. 2) Pty Ltd (ACN 086 230 122) (not forming part of a declared distribution system within the meaning of the National Gas (Victoria) Law) |\n| EnergyAustralia Pty Ltd (ACN 086 014 968) | Electricity | Customers located in Victoria who are connected to the distribution system of AusNet Services Holdings Pty Ltd (ACN 086 006 859) |\n| EnergyAustralia Pty Ltd (ACN 086 014 968) | Natural gas and natural gas equivalents | Customers located in Victoria who are connected to the distribution system of Australian Gas Networks (Vic) Pty Ltd (ACN 085 899 001) |\n| EnergyAustralia Pty Ltd (ACN 086 014 968) | Natural gas and natural gas equivalents | Customers located in Victoria who are connected to the distribution system of AusNet Gas Services Pty Ltd (ACN 086 015 036) (not forming part of a declared distribution system within the meaning of the National Gas (Victoria) Law) |\n\n\n\".\n\nPart 4—Modification of the National Energy Retail Rules\n\n\t44 Modification of the National Energy Retail Rules\n\nThe National Energy Retail Rules are modified as if—\n\n(a) Parts 1 to 11 were omitted; and\n\n(b) Part 13 and Schedules 1, 2 and 3 were omitted.\n\n**Note**\n\nThe effect of regulation 44 is that only Part 12 of the National Energy Retail Rules has the force of law in Victoria.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe National Energy Retail Law (Victoria) Regulations 2024, S.R. No. 70/2024 were made on 30 July 2024 by the Governor in Council under section 11 of the **National Energy Retail Law (Victoria) Act 2024**, No. 18/2024 and came into operation on 30 July 2024: regulation 3.\n\nThe National Energy Retail Law (Victoria) Regulations 2024 will sunset 10 years after the day of making on 30 July 2034 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the National Energy Retail Law (Victoria) Regulations 2024 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[{"severity":"high","section_a":"Regulation 43, substituted Schedule 4—AGL Sales Pty Ltd gas row","section_b":"Regulation 43, substituted Schedule 4—EnergyAustralia Pty Ltd AusNet Gas Services gas row","confidence":0.98,"description":"Customers connected to AusNet Gas Services Pty Ltd outside a declared distribution system fall within both rows, which name different default RoLRs.","source_quotes":["| AGL Sales Pty Ltd (ACN 090 538 337) | Natural gas and natural gas equivalents | Customers located in Victoria who are connected to the distribution system of AusNet Gas Services Pty Ltd (ACN 086 015 036) |","| EnergyAustralia Pty Ltd (ACN 086 014 968) | Natural gas and natural gas equivalents | Customers located in Victoria who are connected to the distribution system of AusNet Gas Services Pty Ltd (ACN 086 015 036) (not forming part of a declared distribution system within the meaning of the National ̀"]},{"severity":"high","section_a":"Regulation 43, substituted Schedule 4—EnergyAustralia Pty Ltd Australian Gas Networks gas row","section_b":"Regulation 43, substituted Schedule 4—Origin Energy (Vic) Pty Ltd Australian Gas Networks gas row","confidence":0.98,"description":"Customers connected to Australian Gas Networks (Vic) Pty Ltd outside a declared distribution system fall within both rows, which name different default RoLRs.","source_quotes":["| Origin Energy (Vic) Pty Ltd (ACN 086 013 283) | Natural gas and natural gas equivalents | Customers located in Victoria who are connected to the distribution system of Australian Gas Networks (VIC) Pty Ltd (ACN 085 899 001) (not forming part of a declared distribution system within the meaning of ","| EnergyAustralia Pty Ltd (ACN 086 014 968) | Natural gas and natural gas equivalents | Customers located in Victoria who are connected to the distribution system of Australian Gas Networks (Vic) Pty Ltd (ACN 085 899 001) |"]}]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the limited content available, there is no evidence of scope change from the original intent. The regulation appears to fulfil its stated purpose of applying and supplementing the National Energy Retail Law within Victoria. The version history indicates updates have occurred, but without substantive content, no scope drift can be confirmed or ruled out with certainty."},"complexity_factors":["Operates within a layered federal-state legislative framework (national law applied as Victorian law), which creates jurisdictional complexity","References to version history suggest the regulation has been amended, requiring readers to track which version applies to them","Energy retail law involves technical regulatory concepts (retailer obligations, tariff structures, hardship provisions) that are not intuitive to laypeople","The document extract is incomplete, making it impossible to assess the full complexity of substantive provisions","Interaction between national energy rules and Victorian-specific modifications adds a layer of interpretive difficulty"],"plain_english_summary":"This Victorian regulation sits under the National Energy Retail Law and sets binding rules for how energy retailers must deal with Victorian households and small businesses, and how regulators enforce those rules.\n\nIt matters because it gives legal effect to consumer protections — e.g., notice before disconnection, bill presentation, and hardship assistance — though the provided extract is mostly administrative metadata and contains limited substantive detail."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has significantly narrowed scope compared to the original National Energy Retail Law. While the NERL originally covered broad consumer protections, retail pricing, marketing conduct, hardship programs, and retailer authorisations, these regulations strip out almost everything except the Retailer of Last Resort (RoLR) scheme. Regulation 44 explicitly omits Parts 1-11 and Part 13 of the National Energy Retail Rules, keeping only Part 12 (RoLR). This represents a deliberate scope reduction to avoid duplication with existing Victorian consumer protection frameworks, rather than an expansion beyond original intent."},"complexity_factors":["Heavy cross-referencing: The regulations constantly modify the National Energy Retail Law by substituting references to Victorian legislation (Electricity Industry Act 2000, Gas Industry Act 2001, Essential Services Commission Act 2001) and the Energy Retail Code of Practice","Nested modifications: Many provisions use 'as if' language to rewrite the national law (e.g., 'Section X is modified as if for Y there were substituted Z'), creating a layer of interpretive complexity","Dual regulatory framework: The text must be read alongside both the national NERL and Victorian state laws, requiring readers to hold multiple statutes in mind simultaneously","Defined terms overload: 12 new definitions inserted in section 4(1) alone, plus extensive redefinitions of existing terms (customer retail contract, distributor, retailer, etc.)","Conditional logic in RoLR events: Complex triggering conditions for retailer failures spanning multiple paragraphs with nested sub-paragraphs (section 12(2) modifications)","Exception handling: Specific carve-outs for civil penalty provisions, immunity clauses, and information sharing between AER and Victorian Commission","Tabular data: Schedule 4 contains detailed mapping of default retailers to specific distribution networks with ACN numbers and geographic/technical boundaries","Sunsetting provision: 10-year sunset clause adds temporal complexity to interpretation"],"plain_english_summary":"These regulations modify how national energy retail laws apply specifically in Victoria. They essentially carve out a Victorian-specific version of the National Energy Retail Law (NERL) by:\n\n**What it does:**\n- **Integrates Victorian state laws**: Instead of using the national definitions for things like 'retailer', 'customer', and 'contracts', the regulations swap in Victorian-specific definitions from the Electricity Industry Act 2000 and Gas Industry Act 2001. This means Victoria uses its own licensing system and consumer protections (like the Energy Retail Code of Practice) rather than the national ones.\n- **Keeps only the 'Retailer of Last Resort' (RoLR) scheme**: This is the safety net for when an energy retailer goes bust. The regulations keep the national rules about appointing backup retailers to take over failed retailers' customers, but modify them to work with Victorian regulators (the Essential Services Commission) and Victorian laws.\n- **Strips out most national consumer protections**: The regulations remove national rules about hardship programs, marketing conduct, contract terms, and pricing. Victoria already has its own rules for these through the Essential Services Commission.\n- **Defines explicit informed consent**: Sets out specific rules for how energy companies must get clear agreement from customers, including requirements for plain English disclosure and record-keeping.\n\n**Who it affects:**\n- **Energy retailers** operating in Victoria (they now work under Victorian licensing rather than national authorisation)\n- **Energy customers** in Victoria (protected by Victorian consumer laws rather than national ones)\n- **The Australian Energy Regulator (AER)** and **Australian Energy Market Operator (AEMO)** (they coordinate with Victoria's Essential Services Commission during retailer failures)\n- **Distribution companies** (the poles and wires/gas pipeline companies)\n\n**Why it matters:**\nThis is part of Victoria's move to exit the national energy retail framework while keeping the emergency backup system (RoLR) that protects customers when retailers collapse. It prevents a patchwork where customers have different protections depending on which retailer they use, and ensures that if your retailer fails, there's a seamless handover to a backup retailer using Victorian consumer protection standards."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Regulations change the scope of the underlying National Energy Retail Law as applied in Victoria by localising RoLR arrangements, vesting new roles and notification duties in the Victorian Essential Services Commission, narrowing which National Rules apply (only Part 12 remains) and reallocating compliance and civil‑penalty items. Key references: overall purpose (regulation 1), definition and Commission role insertions (regulation 4), new AER→Commission notification duty (regulation 20), restriction of Rules (regulation 44) and substituted civil penalty Schedule (regulation 41)."},"complexity_factors":["Extensive cross‑references and amendments across multiple statutes (National Energy Retail Law, Electricity Industry Act, Gas Industry Act, Essential Services Commission Act) — see regulation 4 (definitions) and multiple amendments throughout Part 2.","Localisation of RoLR scheme and insertion of new Commission role and notification duties — new Subdivision 2A (regulation 20, s150A) and multiple RoLR amendments (regs 13–25).","Addition, substitution and omission of numerous definitions and terms which change legal character of contracts and customers (regulation 4 and regulation 12).","Reassignment of civil penalty provisions and reclassification of tiers (regulation 5 and regulation 41), affecting enforcement exposure for regulated entities.","Data‑sharing and confidentiality adjustments enabling disclosure between AER and Commission including personal and confidential information (regulations 26, 27, 29) — raises privacy and compliance complexity.","Large-scale excisions and substitutions of National Regulations and Rules (regulations 37–44), including limiting the National Energy Retail Rules to only Part 12 for Victoria (regulation 44).","Changes to contractual fallout from RoLR events (deemed contracts, default tariffs, duration and negotiation windows) that alter commercial outcomes for small customers and retailers (regulations 17–19, 24).","New administrative obligations: expanded reporting, compliance audits, and modified compliance report contents with several omitted subsections (regs 30–35, 32–35) increasing interpretive burden on entities.","Specific default RoLR assignments listed in substituted Schedule 4 (regulation 43) producing concrete transfer responsibilities for named companies.","Transitional and savings modifications (regulation 9, regulation 36) and sunset provision (Endnotes) require careful operational planning for phased effect and expiry."],"plain_english_summary":"These Regulations adapt the National Energy Retail Law, its Regulations and Rules to operate for Victoria. Mechanically they localise the retailers‑of‑last‑resort (RoLR) framework, add the Victorian Essential Services Commission into RoLR decision‑making and information flows, change key definitions, reallocate certain compliance and civil‑penalty items, and limit which National Rules apply in Victoria. \n\nRetailers, licensees, distributors, AEMO, the AER, the Victorian Commission and small customers are affected. The instrument shifts some decisions and reporting duties to the Commission, creates new data‑sharing and cost‑recovery mechanisms, and increases administrative and compliance obligations on regulated entities."}},"importantCases":[],"_links":{"self":"/api/acts/national-energy-retail-law-victoria-regulations-2024","history":"/api/acts/national-energy-retail-law-victoria-regulations-2024/history","analysis":"/api/acts/national-energy-retail-law-victoria-regulations-2024/analysis","conflicts":"/api/acts/national-energy-retail-law-victoria-regulations-2024/conflicts","importantCases":"/api/acts/national-energy-retail-law-victoria-regulations-2024/important-cases","documents":"/api/acts/national-energy-retail-law-victoria-regulations-2024/documents"}}