New South Wales regulation

Electricity Supply (General) Regulation 2026

In ForceNSW

Jurisdiction

New South Wales

Act Number

432 of 2026

Collection

regulation

Plain English Summary

2/10 complexity

What this instrument is (short): The document is the Electricity Supply (General) Regulation 2026 (current version dated 21/08/2026). The uploaded text contains only the regulation’s public metadata (status, version date, certification) and no operative provisions. It records that “None of the provisions displayed in this version of the legislation have commenced” and that the instrument is due for automatic repeal on 1 September 2031. This is legal information, not legal advice; get a qualified Australian lawyer to check the full instrument before relying on it.

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Current sections

Direct links to the current provisions in Electricity Supply (General) Regulation 2026.

161

Part 1

Preliminary

Part 1 Preliminary

Name of regulation

1 Name of regulation

This regulation is the Electricity Supply (General) Regulation 2026.

Commencement

2 Commencement

This regulation commences on 1 September 2026.

Note—

This regulation replaces the Electricity Supply (General) Regulation 2014, which is repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).

Definitions

3 Definitions

The dictionary in Schedule 4 defines words used in this regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2

Customer consultation and service

Part 2 Customer consultation and service

Division 1

Preliminary

Division 1 Preliminary

Definitions

4 Definitions

In this part—

protected period means a protected period under the retail rules, Part 6.

retail rules means the National Energy Retail Rules.

Customer consultative groups

5 Customer consultative groups

(1) A customer consultative group appointed by a distributor must be constituted in accordance with a charter approved by the Minister and is not required to comply with the Act, section 90(1) or (2).

(2) The charter may provide for other matters relating to the customer consultative group, including the following—

(a) meeting procedure,

(b) meeting intervals,

(c) funding of the group,

(d) access to information by the group.

Division 2

Distributor service standards—the Act, s 191(1)(e2)

Division 2 Distributor service standards—the Act, s 191(1)(e2)

Distributor service standards

6 Distributor service standards

The requirements under this division are distributor service standards.

Note—

Requirements under this division are enforceable under the retail rules and are applicable to distributors within the meaning of the National Energy Retail Law (NSW).

Compensation for failure to connect on agreed date

7 Compensation for failure to connect on agreed date

(1) A distributor who fails to provide a customer connection service to a small customer on or before the date agreed with the customer must pay the customer compensation of not less than $60 for each day between—

(a) the agreed date, and

(b) the date on which the service is provided.

(2) The maximum compensation payable under this section is $300.

(3) In this section—

customer connection service does not include a connection service under the National Electricity Rules, Chapter 5A.

Time limit for energisation or re-energisation

8 Time limit for energisation or re-energisation

(1) This section applies if a small customer is entitled to be provided with an energisation or re-energisation service by a distributor.

(2) The distributor must energise or re-energise the customer’s premises not later than—

(a) if the energisation or re-energisation request is made before 3pm on a business day—the end of the next business day, or

(b) if the energisation or re-energisation request is made after 3pm on a business day—the end of the second business day following the day on which the request is made, or

(c) another time agreed between the distributor and the customer.

(3) The distributor is not required to energise or re-energise premises within a time period specified in this section if the necessary equipment is not in place at the premises.

Time limit for de-energisation

9 Time limit for de-energisation

(1) A distributor must de-energise a small customer’s premises within—

(a) 2 days after being notified by the customer’s retailer of the customer’s request for de-energisation, or

(b) the longer period requested by the customer and notified to the distributor by the retailer.

(2) A distributor must de-energise a small customer’s premises within 2 days, not including a protected period, after being notified by a retailer that the retailer requires de-energisation of the premises on a ground permitted under the retail rules.

Disconnection notices

10 Disconnection notices

If, at the request of a retailer, a distributor de-energises a small customer’s premises on a ground permitted under the retail rules, the distributor must give the customer written notice of the following—

(a) the grounds on which the premises were de-energised,

(b) the name and telephone number of a contact person for the retailer,

(c) the things the customer must do to have the premises re-energised, including related costs that must be paid by the customer,

(d) the dispute resolution procedures available to the customer, including contact details for the energy ombudsman.

Division 3

Remote de-energisation and remote re-energisation of premises of small customers by metering providers and retailers—the Act, s 191(1A)(g)

Division 3 Remote de-energisation and remote re-energisation of premises of small customers by metering providers and retailers—the Act, s 191(1A)(g)

Definitions

11 Definitions

In this division—

GECS Regulation means the Gas and Electricity (Consumer Safety) Regulation 2018.

metering provider means—

(a) a Metering Provider within the meaning of the National Electricity Rules, and

(b) for an embedded network within the meaning of the National Electricity Rules—the metering co-ordinator for the embedded network within the meaning of the National Electricity Rules.

premises means the premises of a small customer.

remote de-energisation means the de-energisation of premises from a place other than the premises concerned using an electricity meter.

remote re-energisation means the re-energisation of premises from a place other than the premises concerned using an electricity meter.

Retailer must arrange remote de-energisation or remote re-energisation after small customer request

12 Retailer must arrange remote de-energisation or remote re-energisation after small customer request

(1) This section applies if—

(a) a small customer has requested a retailer arrange the de-energisation or re-energisation of the small customer’s premises, and

(b) the retailer intends to request or has requested a metering provider carry out the remote de-energisation or remote re-energisation of the premises.

(2) The retailer must ensure a metering provider carries out the remote re-energisation—

(a) if the customer’s request is made before 3pm on a business day—by not later than the end of the next business day, or

(b) if the customer’s request is made after 3pm on a business day—by not later than the end of the second business day following the day on which the customer’s request is made.

Maximum penalty—

(a) for a corporation—1,000 penalty units, or

(b) otherwise—500 penalty units.

(3) A request to a retailer by a small customer may specify a date or a time and date, not less than 2 business days after the request, on which the small customer and retailer agree that the remote de-energisation or remote re-energisation of the premises will take place.

(4) If a retailer and small customer reach an agreement under subsection (3), the retailer must take reasonable steps to ensure a metering provider carries out the remote de-energisation or remote re-energisation—

(a) by not later than the end of the specified date, or

(b) on the date and at the time agreed.

Maximum penalty—

(a) for a corporation—1,000 penalty units, or

(b) otherwise—500 penalty units.

(5) A retailer that requests a metering provider remotely re-energise premises must give the metering provider a copy of the statement or notice the retailer must obtain under the GECS Regulation, clause 38D(2) before—

(a) if the small customer and retailer have agreed a specified date on which the remote re-energisation will take place—the end of the specified date, or

(b) if the small customer and retailer have agreed a specified date and time on which the remote re-energisation will take place—the specified date and time.

Maximum penalty—10 penalty units.

(6) Nothing in this section requires a retailer to request the remote re-energisation of premises if the retailer would be permitted, were the premises energised, to de-energise the premises under the retail rules.

Metering provider to re-energise small customer’s premises

13 Metering provider to re-energise small customer’s premises

(1) This section applies if a retailer requests a metering provider remotely re-energise premises under section 12 following a request by a small customer.

(2) The metering provider must re-energise the premises—

(a) if the customer has requested the re-energisation of the premises in accordance with section 12(3)—not later than the end of the requested day, or

(b) otherwise—not later than the end of the day required by section 12(2).

Maximum penalty—

(a) for a corporation—1,000 penalty units, or

(b) otherwise—500 penalty units.

(3) Despite subsection (2), a metering provider must not remotely re-energise premises if a statement or notice is required under the GECS Regulation, clause 38D(2), unless—

(a) for a statement or notice referred to in the GECS Regulation, clause 38D(2)(a) or (b)—the retailer has given the metering provider a copy of the statement or notice, or

(b) for a statement referred to in the GECS Regulation, clause 38D(2)(c)—the retailer informs the metering provider that the statement has been given to the retailer.

Note—

The GECS Regulation, clause 38D(3) provides that, if a statement or notice is required under GECS Regulation, clause 38D(2), the request for remote re-energisation is taken not to have been made until the statement or notice has been given to the customer.

Compensation for failure to re-energise premises

14 Compensation for failure to re-energise premises

(1) A retailer that fails to have the premises of a small customer re-energised in accordance with section 12(2) must pay the customer compensation of $60 for each day between—

(a) the day on which the premises were required to be re-energised, and

(b) the day on which the premises are re-energised.

(2) The maximum compensation payable under this section is $300.

De-energisation by metering provider at request of retailer

15 De-energisation by metering provider at request of retailer

(1) A retailer must, as soon as practicable after requesting a metering provider remotely de-energise premises, notify the distributor, in a way specified by the distributor, of the proposed de-energisation of the premises.

Maximum penalty—

(a) for a corporation—1,000 penalty units, or

(b) otherwise—500 penalty units.

(2) If a retailer requests a metering provider remotely de-energise premises at the request of a small customer, the metering provider must de-energise the premises—

(a) by the end of the second business day after being notified of the customer’s request, or

(b) if the retailer informs the metering provider that the retailer and customer have agreed to the de-energisation occurring on a later day—by the end of the later day.

Maximum penalty—

(a) for a corporation—1,000 penalty units, or

(b) otherwise—500 penalty units.

(3) A metering provider must remotely de-energise a small customer’s premises within 2 days, not including a protected period, after being notified by a retailer that the retailer requires de-energisation of the premises on a ground permitted under the retail rules.

Maximum penalty—

(a) for a corporation—1,000 penalty units, or

(b) otherwise—500 penalty units.

(4) Within 2 business days after carrying out the de-energisation, the metering provider must notify the retailer that the de-energisation has been carried out.

Maximum penalty—

(a) for a corporation—1,000 penalty units, or

(b) otherwise—500 penalty units.

Retailer must give notice of remote de-energisation of small customer’s premises

16 Retailer must give notice of remote de-energisation of small customer’s premises

A retailer must, within 1 business day after being informed by a metering provider of the remote de-energisation of a small customer’s premises on a ground permitted under the retail rules, give the customer notice of the following—

(a) the grounds on which the premises were de-energised,

(b) a contact telephone number for the retailer,

(c) the things the customer must do to have the premises re-energised, including related costs that must be paid by the customer,

(d) the dispute resolution procedures available to the customer, including contact details for the energy ombudsman.

Maximum penalty—10 penalty units.

Exempt sellers must not remotely de-energise or re-energise premises

17 Exempt sellers must not remotely de-energise or re-energise premises

An exempt seller must not request, arrange for or carry out the remote de-energisation or remote re-energisation of premises.

Maximum penalty—

(a) for a corporation—1,000 penalty units, or

(b) otherwise—500 penalty units.

Effect of requirement under Gas and Electricity (Consumer Safety) Act 2017

18 Effect of requirement under Gas and Electricity (Consumer Safety) Act 2017

(1) Nothing in this division requires a retailer or metering provider to remotely de-energise or remotely re-energise premises in a way that contravenes a standard or requirement prescribed under the Gas and Electricity (Consumer Safety) Act 2017, section 34.

(2) A retailer or metering provider who is unable to remotely de-energise or remotely re-energise premises because of a standard or requirement prescribed under the Gas and Electricity (Consumer Safety) Act 2017, section 34 must instead de-energise or re-energise the premises in accordance with the retail rules, Part 6.

Part 3

Energy ombudsman scheme

Part 3 Energy ombudsman scheme

Persons who may apply to energy ombudsman

19 Persons who may apply to energy ombudsman

For the Act, section 96A(1) and (3), prescribed customers are prescribed as a class of customer.

Prescribed disputes and complaints

20 Prescribed disputes and complaints

(1) For the Act, section 96B(1A)(f), the following classes of complaints and disputes are prescribed—

(a) complaints and disputes about emerging energy services by the following persons—

(i) small customers,

(ii) prescribed customers,

(b) complaints and disputes between an exempt person and a prescribed customer about—

(i) a contract for the supply of electricity or gas, including charges, or

(ii) another matter relating to the supply of electricity or gas.

(2) In this section—

aggregation service means an arrangement entered into by a customer with a Small Generation Aggregator.

demand response service means an arrangement entered into by a customer for the receipt of incentives based on—

(a) a reduction in consumption below a determined baseline, or

(b) an increase in export of electricity above a determined baseline.

emerging energy services includes the following—

(a) solar photovoltaic systems,

(b) battery storage systems,

(c) electric vehicle chargers,

(d) virtual power plants,

(e) aggregation services,

(f) demand response services,

(g) services related to a metering installation at a customer’s premises.

Small Generation Aggregator has the same meaning as in the National Electricity Rules.

virtual power plant means an arrangement entered into by a customer with another party where control or operation of the customer’s solar photovoltaic system, battery storage system, electric vehicle charger or controllable load is given to the other party in return for payment.

Reports by energy ombudsman—the Act, s 191(1)(f)

21 Reports by energy ombudsman—the Act, s 191(1)(f)

(1) An energy ombudsman must give the Minister—

(a) a copy of every public report issued by the ombudsman, and

(b) written notice of changes in the policies and procedures adopted for the relevant approved energy ombudsman scheme.

(2) The Minister may from time to time require an energy ombudsman for an approved energy ombudsman scheme to give the Minister a report on the operation of the scheme, including—

(a) the extent to which the scheme is meeting the objectives referred to in the Act, section 96B(2), and

(b) compliance with obligations under the scheme by—

(i) licence holders or specified licence holders, and

(ii) other persons bound by the scheme.

Part 4

Exemptions relating to distributors and supply arrangements

Part 4 Exemptions relating to distributors and supply arrangements

Exemption from the Act, section 13

22 Exemption from the Act, section 13

(1) A person (an exempt operator) who owns or controls a distribution system is exempt from the operation of the Act, section 13.

(2) This section does not apply to—

(a) a distributor listed in the Act, Schedule 3, other than the Lord Howe Island Board, or

(b) an authorised transmission operator under the Electricity Network Assets (Authorised Transactions) Act 2015.

(3) An exempt operator must, for the premises of a prescribed customer or a small customer with a separate electricity meter—

(a) provide connection services subject to the following conditions—

(i) the services must be provided in accordance with an agreement relating to occupation of the premises between the exempt operator and the person to whom the electricity is supplied,

(ii) the exempt operator must comply with a decision of the energy ombudsman in relation to a complaint or dispute about the provision of connection services, and

(b) not disconnect the premises—

(i) while an application by the occupier of the premises for assistance under a Government funded rebate or relief scheme, or a payment plan operated by the exempt operator, is pending, or

(ii) while a life support system that relies on electricity for its operation is in use at the premises, or

(iii) on a Friday, Saturday, Sunday, a public holiday or a day immediately before a public holiday, or

(iv) between midnight on 19 December and midnight on 31 December, or

(v) before 8am or after 3pm, or

(vi) without giving at least 14 days written notice of the exempt operator’s intention to disconnect the premises.

(4) Notice under subsection (3)(b)(vi) must—

(a) specify the grounds for the proposed disconnection, and

(b) indicate the date on or after which the proposed disconnection will occur, and

(c) advise the customer of the customer’s rights under subsection (3)(b)(i) and (ii).

(5) An exempt operator must, if the grounds for a disconnection are remedied, reconnect premises within a reasonable time.

(6) A person must, on receiving notice that the person’s premises will be disconnected from the distribution system, immediately give written notice of the proposed disconnection to other persons to whom the person supplies electricity under an electricity supply arrangement and who will be affected by the disconnection.

(7) This section does not affect a right or obligation to disconnect premises arising from the operation of the Electricity Supply (Safety and Network Management) Regulation 2026 or the Gas and Electricity (Consumer Safety) Act 2017.

Exemption from the Act, section 16

23 Exemption from the Act, section 16

(1) An exempt distributor is exempt from the Act, section 16.

(2) In this section—

exempt distributor means a licensed distributor who, under an electricity supply arrangement for which an exemption is in force under the National Energy Retail Law (NSW) or the National Energy Retail Law (Adoption) Act 2012, uses a distribution system to convey electricity.

Exemption for Evoenergy—the Act, s 191(2)

24 Exemption for Evoenergy—the Act, s 191(2)

(1) The terms of an electricity supply arrangement, including a feed-in tariff arrangement, entered into by Evoenergy with a customer in New South Wales must, as if the customer were in the Australian Capital Territory, comply with—

(a) the Electricity Feed-in (Renewable Energy Premium) Act 2008 of the Australian Capital Territory, and

(b) the Utilities Act 2000 of the Australian Capital Territory.

(2) In this section—

Evoenergy means the partnership between—

(a) Icon Distribution Investments Ltd (ACN 073 025 224), and

(b) Jemena Networks (ACT) Pty Ltd (ACN 008 552 663).

Effect of conditions—the Act, s 191(2)

25 Effect of conditions—the Act, s 191(2)

A person is exempt under this part from a provision of the Act only if the person complies with the conditions of the exemption.

Part 5

Social programs for electricity—the Act, s 191(1)(f1)

Part 5 Social programs for electricity—the Act, s 191(1)(f1)

Definitions

26 Definitions

In this part—

code means a Social Programs for Energy Code.

relevant person means the following—

(a) a distributor,

(b) a retailer,

(c) an exempt person.

social programs means the Government’s social programs for electricity.

Adoption, amendment and revocation of codes

27 Adoption, amendment and revocation of codes

(1) The Minister may, with the concurrence of the Treasurer, prepare and adopt one or more codes to facilitate the delivery of social programs.

(2) A code may require a relevant person to take action the Minister considers appropriate for delivering a relevant part of a social program.

(3) The Minister may—

(a) adopt or amend a code by publishing the code or amendment in the Gazette, or

(b) revoke a code by publishing a notice of revocation in the Gazette.

(4) Before adopting or amending a code, the Minister must consult with the relevant persons likely to be subject to the code.

(5) A code, an amendment to a code or a revocation of a code takes effect on—

(a) the day on which the code, amendment or notice of revocation is published in the Gazette, or

(b) the later day specified in the code, amendment or notice of revocation.

Code requirements and compliance

28 Code requirements and compliance

(1) A code may—

(a) specify—

(i) the amount assessed by the Minister as the estimated cost to a relevant person of efficiently complying with the code, or

(ii) a methodology by which the cost of efficiently complying with the code may be assessed by the Minister, and

(b) specify arrangements for the payment to the relevant person of—

(i) an amount equivalent to the costs assessed under paragraph (a), or

(ii) if the relevant person disputes the assessment under paragraph (a)—the costs determined on a re-assessment under section 29, and

(c) specify circumstances in which a relevant person ceases to be eligible to receive a payment.

(2) A code may require that—

(a) particular services of relevant persons be provided to particular classes of persons—

(i) free of charge, or

(ii) at specified charges, or

(iii) subject to specified discounts or rebates, and

(b) particular classes of customers be—

(i) supplied with electricity at discounted charges, or

(ii) given rebates on the supply of electricity, and

(c) a retailer or exempt person establish and maintain facilities to ensure Government payments given for the supply of electricity at discounted charges are applied in accordance with the code, and

(d) a retailer or exempt person establish and maintain trust accounts in which Government payments given for the supply of electricity at discounted charges must be held before application in accordance with the code, and

(e) a relevant person give the Minister periodic reports about compliance with the code, and

(f) a relevant person establish and maintain accounting procedures to enable the preparation of reports.

(3) It is a condition of a distributor’s licence that the distributor must take the action required by a code applying to the distributor.

(4) A relevant person must not fail to comply with a code requirement applying to the person.

Maximum penalty—

(a) for a corporation—2,000 penalty units, or

(b) otherwise—500 penalty units.

Re-assessment of compliance costs

29 Re-assessment of compliance costs

(1) A dispute between a relevant person and the Minister about the cost to the person of complying with a code must be referred to an assessment committee.

(2) In determining a dispute referred to it under this section, an assessment committee must—

(a) consider submissions made by the parties to the dispute, and

(b) determine, on the basis of the submissions and other information available to the committee—

(i) the efficient cost to the relevant person of complying with the code, or

(ii) a methodology by which the efficient cost may be assessed.

(3) Subject to subsection (2), an assessment committee may conduct an assessment in the way the committee considers appropriate.

(4) An assessment committee’s decision on a dispute binds the parties to the dispute, but does not prevent the provision to which the dispute relates from being withdrawn by an amendment to, or the revocation of, the code.

(5) An assessment committee’s decision about the efficient costs to a relevant person is taken—

(a) for the purposes of applying the code to the person, to be the relevant amount or the methodology specified in the code, and

(b) to vary the code applying to the person.

(6) The costs associated with an assessment committee must be paid by the relevant person and the Minister in equal proportions unless the committee determines otherwise.

(7) An assessment committee may determine more than one dispute at the same time.

(8) In this section—

assessment committee means a committee consisting of one or more suitably qualified persons appointed by agreement between the relevant person and the Minister.

Market operations rules

30 Market operations rules

(1) Market operations rules may be made for the administrative arrangements for delivery of social programs.

(2) In this section—

market operations rule has the same meaning as in the Act, Part 5A.

Enforceable undertakings

31 Enforceable undertakings

(1) The Minister may accept a written undertaking from a relevant person about the person’s compliance with a code.

(2) A relevant person may, with the consent of the Minister, withdraw or vary an undertaking.

(3) If the Minister considers a relevant person has contravened an undertaking given by the person, the Minister may apply to the Local Court for an order under this section.

(4) The Local Court may, if satisfied a relevant person has contravened an undertaking given by the person, make one or more of the following orders—

(a) an order directing the person to comply with the undertaking,

(b) an order directing the person to pay the State an amount not more than the financial benefit the Court is satisfied the person has obtained directly or indirectly from the contravention,

(c) an order directing the person to pay compensation to another person the Court is satisfied has suffered loss or damage because of the contravention,

(d) another order the Court considers appropriate.

Auditing of compliance with a code

32 Auditing of compliance with a code

(1) A prescribed authority may direct that an approved auditor undertake an audit of a relevant person’s compliance with a code.

(2) The prescribed authority may direct the relevant person to pay the reasonable costs of the audit.

(3) A person who is not an approved auditor must not—

(a) make a representation, or cause or allow a representation to be made, that the person is an approved auditor, or

(b) undertake the functions of an approved auditor.

Maximum penalty—

(a) for a corporation—500 penalty units, or

(b) otherwise—100 penalty units.

(4) In this section—

approved auditor means a person—

(a) nominated by the prescribed authority, or

(b) chosen by the relevant person from a panel of persons nominated by the prescribed authority, or

(c) nominated by the relevant person and approved by the prescribed authority.

prescribed authority means the following—

(a) the Minister,

(b) the Secretary,

(c) a person who is a member of a class of persons approved by the Secretary to give a direction under this section.

Part 6

Energy savings scheme

Part 6 Energy savings scheme

Definitions

33 Definitions

In this part—

biodiesel has the same meaning as in the Biofuels Act 2007.

biofuel means a liquid fuel derived from biomass and includes biodiesel and ethanol.

biogas means gaseous fuel derived or recovered from biomass.

biomass means organic matter other than fossilised organic matter.

corresponding scheme means a scheme or arrangement with similar objectives to the energy savings scheme.

diesel fuel has the same meaning as in the Biofuels Act 2007.

liquefied petroleum gas has the same meaning as in the Gas and Electricity (Consumer Safety) Act 2017.

natural gas has the same meaning as in the National Gas (NSW) Law.

onsite renewable energy means energy generated at the site at which it is used from a recognised energy saving activity using one or more of the following renewable energy sources—

(a) geothermal aquifer,

(b) hot dry rock,

(c) hydro,

(d) ocean,

(e) tide,

(f) solar,

(g) wave,

(h) wind.

Recognised form of energy—the Act, Schedule 4A, cl 2(1), definition of “recognised form of energy”, paragraph (c)

34 Recognised form of energy—the Act, Schedule 4A, cl 2(1), definition of “recognised form of energy”, paragraph (c)

The following are recognised forms of energy—

(a) biofuel,

(b) biogas,

(c) biomass,

(d) diesel fuel,

(e) liquefied petroleum gas,

(f) natural gas,

(g) onsite renewable energy.

Liable acquisitions—the Act, Schedule 4A, cl 10(2B)

35 Liable acquisitions—the Act, Schedule 4A, cl 10(2B)

For calculating a scheme participant’s individual energy savings target for a year, the following are not liable acquisitions made by the scheme participant during the year—

(a) a purchase, made by the scheme participant during the year, of electricity from a customer of the participant if the electricity is subsequently supplied to or acquired by AEMO,

(b) a purchase, made by the scheme participant during the year, of electricity for use by a scheduled bidirectional unit,

(c) the generation of electricity by a scheme participant if the electricity is supplied to or acquired by AEMO.

Relevant agency—the Act, Schedule 4A, cl 69A(3), definition of “relevant agency”, paragraph (b)

36 Relevant agency—the Act, Schedule 4A, cl 69A(3), definition of “relevant agency”, paragraph (b)

The following are relevant agencies—

(a) the person appointed as the administrator under the Energy Efficiency (Cost of Living) Improvement Act 2012 of the Australian Capital Territory, section 23,

(b) the Australian Energy Regulator established by the Competition and Consumer Act 2010 of the Commonwealth, section 44AE,

(c) the Australian Transaction Reports and Analysis Centre established by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth, section 209,

(d) the Clean Energy Regulator established by the Clean Energy Regulator Act 2011 of the Commonwealth, section 11,

(e) the Essential Services Commission established by the Essential Services Commission Act 2002 of South Australia, section 4(1),

(f) the Essential Services Commission established by the Essential Services Commission Act 2001 of Victoria, section 7(1),

(g) AEMO,

(h) a distributor,

(i) the Australian Federal Police,

(j) the NSW Police Force.

Definition of “assessment”

37 Definition of “assessment”

In this division—

assessment, in relation to a scheme participant, means—

(a) an assessment of the participant’s individual energy savings target for a year, or

(b) an assessment of the participant’s liability for an energy savings shortfall penalty for a year, including liability for an energy savings shortfall penalty for a carried forward shortfall.

Self-assessment provided in energy savings statement

38 Self-assessment provided in energy savings statement

(1) An assessment provided by a scheme participant in an energy savings statement is taken to have been made on the later of the following—

(a) 1 March in the year after the year to which the statement relates,

(b) the day on which the energy savings statement is lodged.

(2) The liability of a scheme participant for an energy savings shortfall penalty for a year is—

(a) if an assessment has been made by the Scheme Regulator—the assessment made by the Scheme Regulator, or

(b) otherwise—the assessment of the liability provided by the participant in the energy savings statement for the year.

Assessment if energy savings statement not lodged

39 Assessment if energy savings statement not lodged

(1) If a scheme participant fails to lodge an energy savings statement, in accordance with the Act, for a year, the Scheme Regulator may make the assessment.

(2) In making the assessment, the Scheme Regulator may—

(a) base the assessment on the Scheme Regulator’s best estimate of the scheme participant’s liable acquisitions, verified by the Market Operator where possible, and

(b) take into account other matters the Scheme Regulator considers appropriate.

(3) As soon as practicable after an assessment is made by the Scheme Regulator, the Scheme Regulator must give the scheme participant written notice of the assessment.

(4) An assessment made by the Scheme Regulator is taken to have been made on—

(a) 1 March in the year after the year to which the assessment relates, or

(b) the later date specified by the Scheme Regulator in the notice of assessment given to the scheme participant.

Amendment of assessment

40 Amendment of assessment

(1) The Scheme Regulator may, at any time, amend an assessment by making the alterations or additions the Scheme Regulator thinks necessary to correct the assessment.

(2) The Scheme Regulator may amend an assessment for a year whether or not the scheme participant has paid an energy savings shortfall penalty for the year.

(3) The Scheme Regulator may revoke the cancellation of energy savings certificates and revive certificates surrendered in connection with an unamended assessment if the Scheme Regulator is satisfied the scheme participant surrendered a greater number of certificates in connection with the assessment than was required to—

(a) meet the participant’s individual energy savings target, or

(b) remedy a carried forward shortfall.

(4) As soon as practicable after a scheme participant’s assessment is amended, the Scheme Regulator must give written notice of the amended assessment to the participant.

(5) When reviving surrendered certificates, the Scheme Regulator must revive the number of certificates the Scheme Regulator is satisfied are surplus to the number required to be surrendered in connection with the amended assessment.

(6) An assessment must be amended no later than one year after the date on which the assessment is taken to have been made under this division, unless—

(a) the Scheme Regulator is satisfied the amendment is required because of fraud or the giving of false or misleading information by a scheme participant, or

(b) the amendment was applied for by the participant.

Application to amend assessment

41 Application to amend assessment

(1) A scheme participant may apply to the Scheme Regulator for the amendment of an assessment relating to the participant.

(2) An application must be made within one year after the day on which the assessment is taken to have been made under this division.

(3) An application must be in the form approved by the Scheme Regulator and state the grounds on which the amendment is sought.

(4) A scheme participant may, in an application under this section, elect to surrender additional certificates for the purposes of the amended assessment.

(5) An election must contain details of the energy savings certificates proposed to be surrendered.

(6) The Scheme Regulator may deal with an election to surrender additional energy savings certificates as if the election had been made with the energy savings statement to which the assessment relates.

Change to liability for energy savings shortfall penalty due to amended assessment

42 Change to liability for energy savings shortfall penalty due to amended assessment

(1) An energy savings shortfall penalty payable because of the amendment of an assessment is taken to be payable on the later of the following dates—

(a) the date 7 days after the day on which the Scheme Regulator gave the scheme participant notice of the amended assessment,

(b) the date on which an energy savings shortfall penalty would have been payable under the original assessment.

(2) The Scheme Regulator may extend the period for payment of an energy savings shortfall penalty payable as a result of the amendment of an assessment.

(3) A scheme participant whose liability for an energy savings shortfall penalty is reduced due to an amended assessment is entitled to a refund of the excess shortfall penalty paid under the previous assessment.

(4) If an assessment has been amended, the Scheme Regulator may, within one year after the day on which an energy savings shortfall penalty became payable under the amended assessment, further amend the assessment to reduce the scheme participant’s liability.

Effect of appeals

43 Effect of appeals

Nothing in this division prevents the amendment of an assessment to give effect to a decision on a review or appeal under the Act.

Fit and proper person

44 Fit and proper person

(1) For this division—

(a) an individual may not be a fit and proper person if the individual—

(i) has, in the previous 10 years, been found guilty of an offence involving fraud or dishonesty, whether in New South Wales or elsewhere, or

(ii) has been found guilty of an offence under the Act, this regulation or the repealed regulation, and

(b) a corporation may not be a fit and proper person if a person who is a director of the corporation or otherwise involved in the management of the corporation—

(i) has, in the previous 10 years, been found guilty of an offence involving fraud or dishonesty, whether in New South Wales or elsewhere, or

(ii) has been found guilty of an offence under the Act, this regulation or the repealed regulation.

(2) This section does not limit the grounds on which the Scheme Administrator may be satisfied a person is not a fit and proper person.

Certificate conversion factor—forms of energy other than electricity—the Act, Schedule 4A, cl 33A(1)

45 Certificate conversion factor—forms of energy other than electricity—the Act, Schedule 4A, cl 33A(1)

The certificate conversion factor for the following forms of energy is—

(a) for biofuel—0.21,

(b) for biogas—0.17,

(c) for biomass—0.08,

(d) for diesel fuel—0.47,

(e) for liquefied petroleum gas—0.47,

(f) for natural gas—0.47,

(g) for onsite renewable energy—0.

Eligibility for accreditation—the Act, Schedule 4A, cl 38(1)

46 Eligibility for accreditation—the Act, Schedule 4A, cl 38(1)

(1) A person is eligible for accreditation as an energy savings certificate provider for an activity if—

(a) the activity is a recognised energy saving activity under the scheme rules, and

(b) the person has record keeping arrangements—

(i) approved by the Scheme Administrator, or

(ii) if the activity is a proposed activity—the Scheme Administrator is satisfied will, when the activity is carried out, be appropriate for the activity, and

(c) for a proposed activity—the Scheme Administrator is satisfied the activity will be undertaken substantially as described in the person’s application for accreditation.

(2) A reference in this division to an activity includes a reference to an existing or proposed activity.

Application for accreditation—the Act, Schedule 4A, cl 39(4)

47 Application for accreditation—the Act, Schedule 4A, cl 39(4)

An application for accreditation as an energy savings certificate provider for an activity must be—

(a) made in the way approved by the Scheme Administrator, and

(b) accompanied by the information about the activity the Scheme Administrator requires, and

(c) accompanied by the application fee set out in Schedule 1.

Note—

The Act, Schedule 4A, clause 39(5) allows the Scheme Administrator to charge a fee for investigating and determining an application for accreditation, in addition to the application fee.

Undertakings—the Act, Schedule 4A, cl 39(4)

48 Undertakings—the Act, Schedule 4A, cl 39(4)

(1) The Scheme Administrator may require an applicant to give the following undertakings—

(a) an undertaking that the applicant will not claim a benefit under a corresponding scheme if claiming the benefit would result in a benefit being obtained under more than one scheme for the same energy savings,

(b) an undertaking that, if the applicant is granted accreditation subject to an audit condition, the applicant will withhold from transfer a proportion of the energy savings certificates created by the applicant pending the result of the audit.

(2) The Scheme Administrator may require an accredited energy savings certificate provider whose accreditation is subject to an audit condition to give an undertaking to withhold from transfer a proportion of the energy savings certificates created by the provider pending the result of the audit.

(3) The Scheme Administrator must not require a person to give an undertaking to withhold from transfer more than 20% of the energy savings certificates created by the person.

(4) Despite subsection (3), the Scheme Administrator may accept an undertaking from an accredited energy savings certificate provider whose accreditation is subject to an audit condition that the provider will withhold up to 100% of the energy savings certificates created by the provider.

(5) An undertaking must be given in the form approved by the Scheme Administrator.

(6) In this section—

applicant means a person who applies for accreditation as an energy savings certificate provider.

audit condition means a condition requiring an audit of the creation of energy savings certificates under section 65.

Grounds for refusal of application for accreditation—the Act, Schedule 4A, cl 39(3)

49 Grounds for refusal of application for accreditation—the Act, Schedule 4A, cl 39(3)

(1) The Scheme Administrator may refuse an application for accreditation as an energy savings certificate provider for an activity if—

(a) the Scheme Administrator is not satisfied the applicant is—

(i) eligible for accreditation for the activity, or

(ii) competent to be an energy savings certificate provider for the activity, or

(b) the applicant fails to give the Scheme Administrator an undertaking required to be given under section 48, or

(c) the Scheme Administrator is not satisfied the applicant is a fit and proper person.

(2) If the Scheme Administrator refuses an application for accreditation as an energy savings certificate provider, the Scheme Administrator must give the applicant written notice of the grounds for refusal.

Suspension or cancellation of accreditation—the Act, Schedule 4A, cl 40(2)

50 Suspension or cancellation of accreditation—the Act, Schedule 4A, cl 40(2)

(1) The Scheme Administrator may suspend or cancel the accreditation of a person as an energy savings certificate provider for an activity on one or more of the following grounds—

(a) the Scheme Administrator is satisfied—

(i) the person has ceased to be eligible for accreditation for the activity, or

(ii) the methods the person is required as a condition of accreditation to use to calculate energy savings have ceased to be recognised under the scheme rules, or

(iii) the methods the person is approved to use to calculate energy savings have ceased to be recognised under the scheme rules, or

(iv) the person, or a close associate of the person, has contravened a provision of the Act, the regulations, the scheme rules or a condition to which the accreditation is subject, or

(v) the person is not competent to be an energy savings certificate provider for the activity, or

(vi) the person is not a fit and proper person,

(b) if the person is an individual—the person has become personally insolvent,

(c) if the person is a corporation—the corporation is—

(i) the subject of a winding up order, or

(ii) a corporation for which an insolvency official has been appointed,

(d) the person has requested the suspension or cancellation.

(2) If the Scheme Administrator suspends or cancels the accreditation of a person, the Scheme Administrator must give the person written notice of the suspension or cancellation and the grounds for the suspension or cancellation.

(3) A suspension or cancellation takes effect—

(a) when notice of the suspension of cancellation is given to the person, or

(b) on a later date specified by the Scheme Administrator in the notice.

Application to amend accreditation—the Act, Schedule 4A, cl 42(4)

51 Application to amend accreditation—the Act, Schedule 4A, cl 42(4)

(1) An accredited certificate provider may apply to the Scheme Administrator to amend the activities for which the provider is accredited.

(2) An application must be—

(a) made in the way approved by the Scheme Administrator, and

(b) accompanied by the information the Scheme Administrator requires.

Note—

The Act, Schedule 4A, clause 42(6) allows the Scheme Administrator to recover the costs reasonably incurred by the Administrator in investigating and determining an application.

Transfer of accreditation—the Act, Schedule 4A, cl 43(4)

52 Transfer of accreditation—the Act, Schedule 4A, cl 43(4)

An application for transfer of accreditation as an energy savings certificate provider must be—

(a) made in the way approved by the Scheme Administrator, and

(b) accompanied by the information relating to the activity the Scheme Administrator requires, and

(c) accompanied by the fee set out in Schedule 1.

Division 4

Prescribed conditions of accreditation—the Act, Schedule 4A, cl 41(1)(a)

Division 4 Prescribed conditions of accreditation—the Act, Schedule 4A, cl 41(1)(a)

Condition of accreditation

53 Condition of accreditation

It is a condition of the accreditation of a person as an energy savings certificate provider that the person must not contravene a provision of this division.

Contravention of undertaking

54 Contravention of undertaking

An accredited certificate provider must not contravene an undertaking given to the Scheme Administrator under section 48.

Record keeping

55 Record keeping

(1) An accredited certificate provider for a recognised energy saving activity must keep a record of the following—

(a) where the activity occurred,

(b) the energy savings, calculated in accordance with the scheme rules, from the activity,

(c) the methodology, data and assumptions used to calculate the energy savings.

(2) An accredited certificate provider must keep the other records the Scheme Administrator, by written notice, directs the provider to keep.

(3) A record must be kept—

(a) for at least 6 years after the record is made, and

(b) in a way approved by the Scheme Administrator.

Co-operation with audits

56 Co-operation with audits

(1) An accredited certificate provider must give the Scheme Administrator the information and assistance reasonably required for an audit under Division 7.

(2) Without limiting subsection (1), an accredited certificate provider must give the auditor the access to the provider’s premises that the auditor reasonably requires for the audit.

Division 5

Imposition of conditions by Scheme Administrator

Division 5 Imposition of conditions by Scheme Administrator

Imposition of conditions by Scheme Administrator—the Act, Schedule 4A, cl 41(1)(b)

57 Imposition of conditions by Scheme Administrator—the Act, Schedule 4A, cl 41(1)(b)

(1) The Scheme Administrator must, when imposing a condition on the accreditation of a person as an energy savings certificate provider, give the person written notice of the condition.

(2) Conditions take effect—

(a) for a condition imposed at the time of accreditation—on the date on which the person is accredited as an energy savings certificate provider, or

(b) otherwise—

(i) on the date on which notice is given, or

(ii) on a later date specified in the notice.

(3) The Scheme Administrator may, by written notice, revoke or vary a condition imposed by the Scheme Administrator.

(4) If the Scheme Administrator imposes or varies a condition, the Scheme Administrator’s written notice under this section must give reasons for the decision to impose or vary the condition.

Financial assurances—the Act, Schedule 4A, cl 45(9)

58 Financial assurances—the Act, Schedule 4A, cl 45(9)

(1) This section applies if the Scheme Administrator imposes a condition on a person’s accreditation as an energy savings certificate provider requiring the person to give the Scheme Administrator financial assurance to secure or guarantee compliance with an order under the Act, Schedule 4A, clause 45.

(2) The amount of financial assurance required by the Scheme Administrator must be determined by the Scheme Administrator having regard to the following—

(a) the activities for which the person is or will be accredited,

(b) the number of energy savings certificates the person has created or is likely to create,

(c) how frequently the person’s activities are or will be audited,

(d) other matters the Scheme Administrator considers relevant.

(3) Financial assurance must be in the form the Scheme Administrator considers appropriate.

Examples—

a bank guarantee or bond

(4) A claim may be made on the financial assurance given by a person only if—

(a) an order is made against the person under the Act, Schedule 4A, clause 45, and

(b) the person fails to comply with the order.

(5) The Scheme Administrator must, at least 21 days before making a claim on the financial assurance given by a person, give the person written notice of the Administrator’s intention to make the claim.

(6) The Scheme Administrator must not claim more than the compliance cost of the person’s failure to comply with the order under the Act, Schedule 4A, clause 45.

(7) In this section—

compliance cost means the amount determined by multiplying the number of certificates the person failed to surrender by the scheme penalty rate for the year in which the financial assurance is claimed on or realised.

Application to vary or revoke conditions of accreditation—the Act, Schedule 4A, cl 42(4)

59 Application to vary or revoke conditions of accreditation—the Act, Schedule 4A, cl 42(4)

(1) An accredited certificate provider may apply to the Scheme Administrator to vary or revoke a condition of the provider’s accreditation.

(2) An application must be—

(a) made in the way approved by the Scheme Administrator, and

(b) accompanied by the information the Scheme Administrator requires.

Note—

The Act, Schedule 4A, clause 42(6) allows the Scheme Administrator to recover the costs reasonably incurred by the Administrator in investigating and determining an application.

Division 6

Energy savings certificates

Division 6 Energy savings certificates

Registration of creation of certificates—the Act, Schedule 4A, cl 46(5) and (6)

60 Registration of creation of certificates—the Act, Schedule 4A, cl 46(5) and (6)

(1) An application to register the creation of an energy savings certificate must be—

(a) made to the Scheme Administrator in the way approved by the Scheme Administrator, and

(b) accompanied by the fee set out in Schedule 1 for each certificate created.

(2) The Scheme Administrator may refuse an application on the following grounds—

(a) the applicant is not an accredited certificate provider or the accreditation of the applicant as an energy savings certificate provider is suspended at the time of application,

(b) the Scheme Administrator is not satisfied the applicant was entitled to create the certificate,

(c) the Scheme Administrator is satisfied the accredited certificate provider who created the energy savings certificate has contravened a provision of the Act, this regulation, the scheme rules or the conditions of the accredited certificate provider’s accreditation.

(3) If the Scheme Administrator refuses an application, the Scheme Administrator must give the applicant written notice of the refusal and the reasons for the refusal.

Form of energy savings certificates—the Act, Schedule 4A, cl 47

61 Form of energy savings certificates—the Act, Schedule 4A, cl 47

(1) Energy savings certificates must be created in a form approved by the Scheme Administrator.

(2) An energy savings certificate must state the following—

(a) the name of the person who created the certificate,

(b) the activity for which the certificate is created, including information about the activity the Scheme Administrator, by written notice, requires the accredited certificate provider to include in the certificate,

(c) the year in which the energy savings arising from the activity occurred,

(d) for a certificate relating to an energy savings activity that occurred in a State or Territory for which there is an approved corresponding scheme under the Act, Schedule 4A, clause 30—the State or Territory in which the activity occurred.

Order requiring surrender of energy savings certificates—the Act, Schedule 4A, cl 45(9)

62 Order requiring surrender of energy savings certificates—the Act, Schedule 4A, cl 45(9)

(1) This section applies if—

(a) an order is made or proposed to be made under the Act, Schedule 4A, clause 45 against a person, and

(b) the Scheme Administrator is satisfied the person has contravened the condition of the person’s accreditation imposed by section 53, and

(c) the condition was contravened because the person did not comply with an undertaking given under section 48.

Note—

See sections 53 and 54.

(2) For the Act, Schedule 4A, clause 45(4), the number of energy savings certificates to be surrendered under the order is—

(a) if the contravention relates to an undertaking under section 48(1)—the number of certificates that, in the Scheme Administrator’s opinion, were created for energy savings for which a benefit was obtained under a corresponding scheme, and

(b) if the contravention relates to an undertaking under section 48(2), (3) or (4)—the number of certificates that, in the Scheme Administrator’s opinion, were not withheld from transfer in accordance with the undertaking.

Registration of transfer of certificates—the Act, Schedule 4A, cl 50(6)

63 Registration of transfer of certificates—the Act, Schedule 4A, cl 50(6)

(1) An application to register the transfer of an energy savings certificate must be made to the Scheme Administrator in the way approved by the Scheme Administrator.

(2) The Scheme Administrator may refuse to register the transfer of an energy savings certificate if the proposed transfer would, in the Scheme Administrator’s opinion, contravene the Act, this regulation or the scheme rules.

(3) The Scheme Administrator must give the applicant written notice of the reasons for the refusal of the application.

Division 7

Audits—the Act, Schedule 4A, cl 58

Division 7 Audits—the Act, Schedule 4A, cl 58

Audits of scheme participants

64 Audits of scheme participants

(1) The Scheme Regulator may, at any time—

(a) audit a scheme participant’s compliance with an energy savings scheme, or

(b) require a scheme participant to have an approved auditor audit the participant’s compliance with an energy savings scheme.

(2) An audit may be conducted to—

(a) substantiate information given to the Scheme Regulator, or

(b) determine whether the scheme participant has complied with the Act, the regulations and the scheme rules.

(3) An audit must be conducted in accordance with the directions of the Scheme Regulator.

(4) A scheme participant must, if requested to do so by the Scheme Regulator, give the Scheme Regulator the report of an audit conducted by an approved auditor at the same time as the participant gives the Scheme Regulator the participant’s energy savings statement under the Act, Schedule 4A, clause 26.

(5) A person who is not an approved auditor must not—

(a) make a representation, or cause or allow a representation to be made, that the person is an approved auditor, or

(b) undertake the functions of an approved auditor.

Maximum penalty—

(a) for a corporation—500 penalty units, or

(b) otherwise—100 penalty units.

(6) In this section—

approved auditor means a person—

(a) nominated by the Scheme Regulator, or

(b) chosen by the relevant person from a panel of persons nominated by the Scheme Regulator, or

(c) nominated by the relevant person and approved by the Scheme Regulator.

Audits of accredited certificate providers

65 Audits of accredited certificate providers

(1) The Scheme Administrator may, at any time—

(a) audit an accredited certificate provider, or

(b) require a scheme participant to have an approved auditor audit the accredited certificate provider.

(2) An audit under this section is an audit of an accredited certificate provider’s—

(a) creation of energy savings certificates, or

(b) eligibility for accreditation, or

(c) compliance with the conditions of the provider’s accreditation.

(3) An audit may be conducted to—

(a) substantiate information given to the Scheme Administrator, or

(b) determine whether the provider has complied with the Act, the regulations, the scheme rules or the conditions of the provider’s accreditation.

(4) An audit must be conducted in accordance with the directions of the Scheme Administrator.

(5) A person who is not an approved auditor must not—

(a) make a representation, or cause or allow a representation to be made, that the person is an approved auditor, or

(b) undertake the functions of an approved auditor.

Maximum penalty—

(a) for a corporation—500 penalty units, or

(b) otherwise—100 penalty units.

(6) In this section—

approved auditor means a person—

(a) nominated by the Scheme Administrator, or

(b) chosen by the relevant person from a panel of persons nominated by the Scheme Administrator, or

(c) nominated by the relevant person and approved by the Scheme Administrator.

Division 8

Registers

Division 8 Registers

Register of accredited certificate providers—the Act, Schedule 4A, cl 65(1)(b) and (2)

66 Register of accredited certificate providers—the Act, Schedule 4A, cl 65(1)(b) and (2)

(1) The register of accredited certificate providers must, in addition to the information specified in the Act, Schedule 4A, clause 65(1)(a), include the following information about each accredited certificate provider—

(a) the activities for which the certificate provider is accredited,

(b) the number of energy savings certificates created by the certificate provider for each of the activities and registered in the register of energy savings certificates in the previous calendar year,

(c) the States or Territories in which the activities took place,

(d) the other information relating to the provider’s accreditation the Scheme Administrator considers appropriate.

(2) The register of accredited certificate providers must include the following information about a person whose accreditation as an energy savings certificate provider is suspended or cancelled—

(a) the person’s name,

(b) the reasons for suspension or cancellation of the person’s accreditation,

(c) the date on which the person’s accreditation was suspended or cancelled and, for a suspension, the period of suspension,

(d) the other information the Scheme Administrator considers appropriate.

(3) Information included in the register in accordance with this section must be made available to the public.

Register of persons refused accreditation—the Act, Schedule 4A, cl 65A(c)

67 Register of persons refused accreditation—the Act, Schedule 4A, cl 65A(c)

The register of persons refused accreditation as accredited certificate providers must include the following information about each person refused accreditation—

(a) the date on which the person’s application for accreditation was made,

(b) the date on which the person’s application for accreditation was refused,

(c) the activities for which the person applied for accreditation.

Information from registers

68 Information from registers

For the Act, Schedule 4A, clause 67(d), the following information is prescribed in relation to a person refused accreditation as a certificate provider—

(a) the person’s name,

(b) the date on which the person’s application for accreditation was made,

(c) the date on which the person’s application for accreditation was refused,

(d) the activities for which the person applied for accreditation,

(e) the reasons the person was refused accreditation.

Division 9

Miscellaneous

Division 9 Miscellaneous

CPI adjustment to base penalty rates—the Act, Schedule 4A, cl 16(2)(a)(ii)

69 CPI adjustment to base penalty rates—the Act, Schedule 4A, cl 16(2)(a)(ii)

The base penalty rate for each year is the amount per notional megawatt hour calculated as follows, rounded up to the nearest cent—

where—

Base penalty rateyear is the base penalty rate for the year.

CPIyear-1 is the Consumer Price Index for the September quarter of the immediately preceding year.

CPISep 21 is the Consumer Price Index for the September quarter 2021.

Conditions under which energy savings scheme targets may be changed

70 Conditions under which energy savings scheme targets may be changed

(1) For the Act, Schedule 4A, clauses 8(b) and 17(4)(b)—

(a) the evidence of an under supply of energy savings certificates must comprise evidence that, in each of 2 or more consecutive years, the total number of certificates required to meet all individual energy savings targets in the year exceeded, by at least 10%, the sum of—

(i) the number of certificates created in that year, and

(ii) the number of certificates created in a previous year and not surrendered by the beginning of the year, and

(b) the evidence of an over supply of energy savings certificates must comprise evidence that the prescribed total exceeded, by at least 20%, the number of certificates required to meet all individual energy savings targets in the year.

(2) For subsection (1), an energy savings certificate created under an approved corresponding scheme that is unable to be surrendered by a scheme participant to meet the participant’s individual energy savings target or to remedy a carried forward shortfall must be disregarded.

(3) In this section—

prescribed total means the sum of—

(a) the total number of certificates created in the relevant year, and

(b) the total number of certificates created in the previous year and not surrendered by the beginning of the relevant year.

Decisions reviewable by Civil and Administrative Tribunal

71 Decisions reviewable by Civil and Administrative Tribunal

For the Act, Schedule 4A, clause 73(2)(d), the following decisions by the Scheme Administrator are prescribed—

(a) a decision to impose or vary a condition of the accreditation of a certificate provider,

(b) a decision to refuse to vary the activities for which a certificate provider is accredited,

(c) a decision to make a claim on or realise financial assurance provided by an accredited certificate provider.

Annual report by Scheme Regulator

72 Annual report by Scheme Regulator

For the Act, Schedule 4A, clause 76(1A)(a), the prescribed date is 31 July in the subsequent year.

Part 7

Peak demand reduction scheme

Part 7 Peak demand reduction scheme

Definition

73 Definition

In this part—

corresponding scheme means a scheme or arrangement with similar objectives to the peak demand reduction scheme.

Liable acquisitions—the Act, Schedule 4A, cl 90(2)(b) and (3A)

74 Liable acquisitions—the Act, Schedule 4A, cl 90(2)(b) and (3A)

For calculating a scheme participant’s individual liable demand for a compliance period, the following are not liable acquisitions made by the scheme participant during the compliance period—

(a) a purchase of electricity by a scheme participant from a customer of the participant if the electricity is subsequently supplied to or acquired by AEMO,

(b) a purchase, made by the scheme participant during the compliance period for the peak demand reduction scheme, of electricity for use by a scheduled bidirectional unit,

(c) the generation of electricity by a scheme participant if the electricity is supplied to or acquired by AEMO.

Peak demand reduction targets—the Act, Schedule 4A, cl 84(1)

75 Peak demand reduction targets—the Act, Schedule 4A, cl 84(1)

The targets specified in the following table are prescribed for each compliance period—

| Compliance period | Target | | 2025–2026 | 5.5% | | 2026–2027 | 0.5% | | 2027–2028 | 8.5% | | 2028–2029 | 9.5% | | 2029–2030 | 10% | | 2030–2031 | 10% | | 2031–2032 | 10% | | 2032–2033 | 10% | | 2033–2034 | 10% | | 2034–2035 | 10% | | 2035–2036 | 10% | | 2036–2037 | 10% | | 2037–2038 | 10% | | 2038–2039 | 10% | | 2039–2040 | 10% | | 2040–2041 | 10% | | 2041–2042 | 10% | | 2042–2043 | 10% | | 2043–2044 | 10% | | 2044–2045 | 10% | | 2045–2046 | 10% | | 2046–2047 | 10% | | 2047–2048 | 10% | | 2048–2049 | 10% | | 2049–2050 | 10% |

Peak demand reduction period—the Act, Schedule 4A, cl 85(1)

76 Peak demand reduction period—the Act, Schedule 4A, cl 85(1)

The peak demand reduction period for a compliance period is the period between 2.30pm and 8.30pm Australian Eastern Standard Time on each day of the compliance period.

Scheme penalty rates—the Act, Schedule 4A, cl 99

77 Scheme penalty rates—the Act, Schedule 4A, cl 99

(1) The scheme penalty rate is—

(a) for the 2022–2023 compliance period—$2.35 per certificate, or

(b) for each subsequent compliance period—the amount calculated as follows—

where—

CPIcurrent year is the consumer price index for the June quarter immediately before the beginning of the compliance period.

CPIJun 22 is the consumer price index for the June quarter 2022.

(2) The amount of the scheme penalty rate must be rounded up to the nearest cent.

(3) The scheme penalty rate for each compliance period must be published on the Scheme Regulator’s website before the beginning of the compliance period.

Definition

78 Definition

In this division—

assessment, of a scheme participant, means an assessment of the following—

(a) the participant’s individual liable demand for a compliance period,

(b) the participant’s individual certificate target for a compliance period,

(c) the participant’s liability for a shortfall penalty for a compliance period, including liability for a shortfall penalty for a carried forward shortfall.

Notification of individual liable demand

79 Notification of individual liable demand

A calculation of a scheme participant’s individual liable demand is taken to have been notified to the Scheme Regulator on—

(a) 30 September in the year in which the compliance period ends, or

(b) the day on which the participant gives the Scheme Regulator the notice required by the Act, Schedule 4A, clause 89(4).

Self-assessment provided in annual statement

80 Self-assessment provided in annual statement

(1) An assessment provided by a scheme participant in an annual statement is taken to have been made on the later of the following days—

(a) 15 December in the year in which the compliance period ends,

(b) the day on which the annual statement is lodged.

(2) The liability of a scheme participant for a shortfall penalty for a compliance period is—

(a) if an assessment has been made by the Scheme Regulator—the assessment made by the Scheme Regulator, or

(b) otherwise—the assessment of the liability provided by the participant in the annual statement for the compliance period.

Default calculation of individual liable demand

81 Default calculation of individual liable demand

(1) In calculating a scheme participant’s individual liable demand for the Act, Schedule 4A, clause 89(5), the Scheme Regulator must apply the formula in the Act, Schedule 4A, clause 89(1).

(2) In determining a scheme participant’s liable acquisitions for the purpose of the formula, the Scheme Regulator may—

(a) base the assessment on the Scheme Regulator’s best estimate of the scheme participant’s liable acquisitions, verified by the Market Operator where possible, and

(b) take into account the other matters the Scheme Regulator considers appropriate.

(3) As soon as practicable after the calculation is made, the Scheme Regulator must give written notice of the calculation to the scheme participant.

(4) The calculation is taken to have been made on—

(a) 30 September in the year in which the relevant compliance period ends, or

(b) a later date specified by the Scheme Regulator in the notice of assessment given to the scheme participant.

Assessment if annual statement not lodged

82 Assessment if annual statement not lodged

(1) The Scheme Regulator may make an assessment for a compliance period if a scheme participant fails to lodge an annual statement for the compliance period in accordance with the Act.

(2) When making an assessment, the Scheme Regulator must—

(a) for an assessment of a scheme participant’s individual certificate target—apply the formula in the Act, Schedule 4A, clause 92(1), and

(b) for an assessment of the participant’s liability for a shortfall penalty for a compliance period—calculate the shortfall penalty in accordance with the Act, Schedule 4A, clause 98(2).

(3) As soon as practicable after the assessment is made, the Scheme Regulator must give written notice of the assessment to the scheme participant.

(4) The assessment is taken to have been made on—

(a) 15 December in the year in which the compliance period ends, or

(b) a later date specified by the Scheme Regulator in the notice of assessment given to the scheme participant.

Amendment of assessments

83 Amendment of assessments

(1) The Scheme Regulator may, at any time, amend an assessment by making the alterations or additions the Scheme Regulator thinks necessary to correct the assessment.

(2) The Scheme Regulator may amend an assessment for a compliance period whether or not the scheme participant has paid a shortfall penalty for the period.

(3) As soon as practicable after an assessment is amended, the Scheme Regulator must give written notice of the amended assessment to the scheme participant.

(4) The Scheme Regulator may revoke the cancellation of, and revive, a certificate surrendered in connection with an unamended assessment if, in the Scheme Regulator’s opinion, the scheme participant surrendered a greater number of certificates in connection with the assessment than was required to—

(a) meet the participant’s individual certificate target, or

(b) remedy a carried forward shortfall.

(5) When reviving surrendered certificates, the Scheme Regulator must revive the number of certificates the Scheme Regulator is satisfied are surplus to the number required to be surrendered in connection with the amended assessment.

(6) When selecting certificates to be revived, the Scheme Regulator must revive the certificates with the longest remaining period before expiry under the Act, Schedule 4A, clause 119.

(7) If there are insufficient certificates able to be revived under subsection (6), the Scheme Regulator may revive expired certificates for a period of no more than 12 months.

(8) An assessment may be amended under this section no later than one year after the date on which the assessment is taken to have been made under this division, unless—

(a) the Scheme Regulator is satisfied the amendment is required because of fraud or the giving of false or misleading information by a scheme participant, or

(b) the amendment was applied for by the participant.

Application to amend assessment

84 Application to amend assessment

(1) A scheme participant may apply to the Scheme Regulator for the amendment of an assessment relating to the participant.

(2) An application may be made within one year after the day on which the assessment is taken to have been made under this division.

(3) An application must be in the form approved by the Scheme Regulator and state the grounds on which the amendment is sought.

(4) A scheme participant may, in an application under this section, elect to surrender additional certificates for the amended assessment.

(5) An election must contain details of the certificates proposed to be surrendered.

(6) The Scheme Regulator may deal with an election as if the election had accompanied the annual statement to which the assessment relates.

Changes to liability for shortfall penalty due to amended assessment

85 Changes to liability for shortfall penalty due to amended assessment

(1) A shortfall penalty payable because of the amendment of an assessment is taken to be payable on the later of the following dates—

(a) the date 7 days after the Scheme Regulator gives the scheme participant notice of the amended assessment,

(b) the date on which a shortfall penalty would have been payable under the original assessment.

(2) The Scheme Regulator may extend the period for payment of a shortfall penalty payable as a result of the amendment of an assessment.

(3) A scheme participant whose liability for a shortfall penalty is reduced because of an amended assessment is entitled to a refund of the excess shortfall penalty paid under the previous assessment.

(4) If an assessment has been amended, the Scheme Regulator may, within 12 months after the day on which a shortfall penalty became payable under the amended assessment, further amend the assessment if satisfied the further amendment is necessary to make a just reduction in the scheme participant’s liability under the assessment.

Effect on appeals

86 Effect on appeals

Nothing in this division prevents amendment of an assessment to give effect to a decision on a review or appeal under the Act.

Fit and proper person

87 Fit and proper person

(1) For this division—

(a) an individual may not be a fit and proper person if the individual—

(i) has, in the previous 10 years, been found guilty of an offence involving fraud or dishonesty, whether in New South Wales or elsewhere, or

(ii) has been found guilty of an offence under the Act, this regulation or the repealed regulation, and

(b) a corporation may not be a fit and proper person if a person who is a director of the corporation or otherwise involved in the management of the corporation—

(i) has, in the previous 10 years, been found guilty of an offence involving fraud or dishonesty, whether in New South Wales or elsewhere, or

(ii) has been found guilty of an offence under the Act, this regulation or the repealed regulation.

(2) This section does not limit the grounds on which the Scheme Administrator may be satisfied a person is not a fit and proper person.

Eligibility for accreditation

88 Eligibility for accreditation

(1) A person is eligible for accreditation as a certificate provider for an activity if—

(a) the activity is recognised under the scheme rules, and

(b) the person has record keeping arrangements—

(i) approved by the Scheme Administrator, or

(ii) if the activity is a proposed activity—the Scheme Administrator is satisfied will, when the activity is carried out, be appropriate for the activity, and

(c) the Scheme Administrator is satisfied the activity will be undertaken substantially as described in the person’s application for accreditation.

(2) A reference in this division to an activity includes a reference to an existing or proposed activity.

Application for accreditation

89 Application for accreditation

An application for accreditation as a certificate provider for an activity must be—

(a) made in the way approved by the Scheme Administrator, and

(b) accompanied by the information relating to the activity the Scheme Administrator requires, and

(c) accompanied by the fee set out in Schedule 1.

Note—

The Act, Schedule 4A, clause 111(4) allows the Scheme Administrator to charge a fee for investigating and determining an application for accreditation, in addition to the application fee.

Undertakings

90 Undertakings

(1) The Scheme Administrator may require an applicant to give the following undertakings—

(a) an undertaking that the applicant will not claim a benefit under a corresponding scheme if claiming the benefit would result in a benefit being obtained under more than one scheme for the same demand reduction,

(b) an undertaking that, if the applicant is granted accreditation subject to an audit condition, the applicant will withhold from transfer a proportion of the certificates created by the applicant pending the result of the audit.

(2) The Scheme Administrator may require an accredited certificate provider who is subject to an audit condition to give an undertaking to withhold from transfer a proportion of the certificates created by the provider pending the result of the audit.

(3) The Scheme Administrator must not require a person to give an undertaking to withhold from transfer more than 20% of the certificates created by the person.

(4) Despite subsection (3), the Scheme Administrator may accept an undertaking from an accredited certificate provider whose accreditation is subject to an audit condition that the provider will withhold up to 100% of the certificates created by the provider.

(5) An undertaking must be given in the form approved by the Scheme Administrator.

(6) In this section—

applicant means a person who applies for accreditation as a certificate provider.

audit condition means a condition requiring an audit of the creation of certificates under section 107.

Grounds for refusal of application for accreditation

91 Grounds for refusal of application for accreditation

(1) The Scheme Administrator may refuse an application for accreditation as a certificate provider for an activity if—

(a) the Scheme Administrator is not satisfied the applicant is—

(i) eligible for accreditation as a certificate provider for the activity, or

(ii) competent to be a certificate provider for the activity, or

(b) the applicant fails to give the Scheme Administrator an undertaking required to be given under section 90, or

(c) the Scheme Administrator is not satisfied the applicant is a fit and proper person.

(2) If the Scheme Administrator refuses an application for accreditation as a certificate provider, the Scheme Administrator must give the applicant written notice of the grounds for refusal.

Suspension or cancellation of accreditation

92 Suspension or cancellation of accreditation

(1) The Scheme Administrator may suspend or cancel the accreditation of a person as a certificate provider for an activity on one or more of the following grounds—

(a) the Scheme Administrator is satisfied—

(i) the person has ceased to be eligible for accreditation for the activity, or

(ii) the methods the person is required as a condition of accreditation to use to calculate demand reduction have ceased to be recognised under the scheme rules, or

(iii) the methods the person is approved to use to calculate demand reduction have ceased to be recognised under the scheme rules, or

(iv) the person, or a close associate of the person, has contravened a provision of the Act, the regulations, the scheme rules or a condition to which the accreditation is subject, or

(v) the person is not competent to be a certificate provider for the activity, or

(vi) the person is not a fit and proper person,

(b) if the person is an individual—the person has become personally insolvent,

(c) if the person is a corporation—the corporation is—

(i) the subject of a winding up order, or

(ii) a corporation for which an insolvency official has been appointed,

(d) the person has requested the suspension or cancellation.

(2) If the Scheme Administrator suspends or cancels the accreditation of a person, the Scheme Administrator must give the person written notice of the suspension or cancellation and the grounds for the suspension or cancellation.

(3) A suspension or cancellation takes effect—

(a) when notice of the suspension or cancellation is given to the person, or

(b) on a later date specified by the Scheme Administrator in the notice.

Application to amend accreditation

93 Application to amend accreditation

(1) An accredited certificate provider may apply to the Scheme Administrator to amend the activities for which the provider is accredited.

(2) An application must be—

(a) made in the way approved by the Scheme Administrator, and

(b) accompanied by the information the Scheme Administrator requires.

Note—

The Act, Schedule 4A, clause 115(6) allows the Scheme Administrator to recover from an accredited provider the costs reasonably incurred by the Administrator in investigating and determining an application to amend the provider’s accreditation.

Transfer of accreditation

94 Transfer of accreditation

An application for transfer of accreditation as a certificate provider must be—

(a) made in the way approved by the Scheme Administrator, and

(b) accompanied by the information relating to the activity the Scheme Administrator requires, and

(c) accompanied by the fee set out in Schedule 1.

Conditions of accreditation

95 Conditions of accreditation

It is a condition of the accreditation of a person as a certificate provider that the person must not contravene a provision of this division.

Contravention of undertaking

96 Contravention of undertaking

An accredited certificate provider must not contravene an undertaking given to the Scheme Administrator under section 90.

Record keeping

97 Record keeping

(1) An accredited certificate provider must keep a record of the following—

(a) where the activity occurred,

(b) the peak demand reduction capacity, calculated in accordance with the scheme rules, arising from the activity,

(c) the methodology, data and assumptions used to calculate the peak demand reduction capacity.

(2) An accredited certificate provider must keep the other records the Scheme Administrator, by written notice, directs the provider to keep.

(3) A record must be kept—

(a) for at least 6 years after the record is made, and

(b) in a way approved by the Scheme Administrator.

Co-operation with audits

98 Co-operation with audits

(1) An accredited certificate provider must give the Scheme Administrator the information and assistance reasonably required for an audit under Division 7.

(2) Without limiting subsection (1), an accredited certificate provider must give an auditor the access to the provider’s premises that the auditor reasonably requires for the audit.

Imposition of conditions by Scheme Administrator

99 Imposition of conditions by Scheme Administrator

(1) The Scheme Administrator must, when imposing a condition on the accreditation of a person as a certificate provider, give the person written notice of the condition.

(2) Conditions take effect—

(a) on the date on which the notice is given, or

(b) on a later date specified in the notice.

(3) The Scheme Administrator may, by written notice given to a person, revoke or vary a condition imposed by the Scheme Administrator.

(4) If the Scheme Administrator imposes or varies a condition, the Scheme Administrator’s written notice must give the reasons for the decision to impose or vary the condition.

100

Financial assurances

100 Financial assurances

(1) This section applies if the Scheme Administrator imposes a condition on a person’s accreditation that requires the person to give the Scheme Administrator financial assurance to secure or guarantee compliance with an order made against the person under the Act, Schedule 4A, clause 117.

(2) The amount of financial assurance required by the Scheme Administrator must be determined by the Scheme Administrator having regard to the following—

(a) the activities for which the person is accredited or will be accredited,

(b) the number of certificates the person has created or is likely to create,

(c) how frequently the person’s activities are or will be audited,

(d) the other matters the Scheme Administrator considers relevant.

(3) Financial assurance must be in the form the Scheme Administrator considers appropriate.

Examples—

a bank guarantee or bond

(4) A claim may be made on the financial assurance provided by a person only if—

(a) an order is made against the person under the Act, Schedule 4A, clause 117, and

(b) the person fails to comply with the order.

(5) The Scheme Administrator must give the person who provided financial assurance written notice of an intention to make a claim at least 21 days before making the claim.

(6) The Scheme Administrator must not claim more than the compliance cost of the person’s failure to comply with the order under the Act, Schedule 4A, clause 117.

(7) In this section—

compliance cost means the amount determined by multiplying the number of certificates the person failed to surrender by the scheme penalty rate for the compliance period in which the claim is made.

101

Application to vary or revoke conditions of accreditation

101 Application to vary or revoke conditions of accreditation

(1) An accredited certificate provider may apply to the Scheme Administrator to vary or revoke a condition of the provider’s accreditation.

(2) An application must be—

(a) made in the way approved by the Scheme Administrator, and

(b) accompanied by the information the Scheme Administrator requires.

Note—

The Act, Schedule 4A, clause 115(6) allows the Scheme Administrator to recover from an accredited provider the costs reasonably incurred by the Administrator in investigating and determining an application.

102

Registration of creation of certificates

102 Registration of creation of certificates

(1) An application to register the creation of a certificate must be made to the Scheme Administrator in the way approved by the Scheme Administrator.

(2) An application must be accompanied by the fee set out in Schedule 1 for each certificate created.

(3) The Scheme Administrator may refuse an application on the following grounds—

(a) the applicant is not an accredited certificate provider or the accreditation of the applicant as a certificate provider is suspended at the time of application,

(b) the Scheme Administrator is not satisfied the applicant was entitled to create the certificate,

(c) the Scheme Administrator is satisfied the accredited certificate provider who created the certificate has contravened a provision of the Act, this regulation, the scheme rules or the conditions of the accredited certificate provider’s accreditation.

(4) If the Scheme Administrator refuses an application, the Scheme Administrator must give the applicant written notice of the refusal and the reasons for the refusal.

103

Form of certificates

103 Form of certificates

(1) Certificates must be created in a form approved by the Scheme Administrator.

(2) A certificate must state the following—

(a) the name of the person who created the certificate,

(b) the activity for which the certificate is created, including the information the Scheme Administrator, by written notice, requires the accredited certificate provider to include in the certificate,

(c) the compliance period in which the activity occurred,

(d) the compliance period in which the capacity to reduce demand will be made available,

(e) for a certificate relating to an activity that occurred in a State or Territory for which there is an approved corresponding scheme under the Act, Schedule 4A, clause 107—the State or Territory in which the activity occurred,

(f) the certificate expiry date.

104

Order requiring surrender of certificates

104 Order requiring surrender of certificates

(1) This section applies if—

(a) an order is made or proposed to be made under the Act, Schedule 4A, clause 117 against a person, and

(b) the Scheme Administrator is satisfied the person has contravened the condition of the person’s accreditation imposed by section 95, and

(c) the condition was contravened because the person did not comply with an undertaking given under section 90.

(2) For the Act, Schedule 4A, clause 117, the number of certificates to be surrendered under the order is—

(a) if the contravention relates to an undertaking under section 90(1)—the number of certificates for which, in the Scheme Administrator’s opinion, a benefit was obtained under a corresponding scheme, and

(b) if the contravention relates to an undertaking under section 90(2) or (3)—the number of certificates the Scheme Administrator is satisfied were not withheld from transfer in accordance with the undertaking.

105

Registration of transfer of certificates

105 Registration of transfer of certificates

(1) An application to register the transfer of a certificate must be made to the Scheme Administrator in the way approved by the Scheme Administrator.

(2) The Scheme Administrator may refuse to register the transfer of a certificate if the proposed transfer would, in the Scheme Administrator’s opinion, contravene the Act, this regulation or the scheme rules.

(3) The Scheme Administrator must give the applicant written notice of the reasons for the refusal of an application.

106

Audits of scheme participants

106 Audits of scheme participants

(1) The Scheme Regulator may, at any time—

(a) audit a scheme participant’s compliance with the peak demand reduction scheme, or

(b) require a scheme participant to have an approved auditor audit the participant’s compliance with the peak demand reduction scheme.

(2) An audit may be conducted to—

(a) substantiate information provided to the Scheme Regulator, or

(b) determine whether the scheme participant has complied with the Act, the regulations and the scheme rules.

(3) An audit must be conducted in accordance with the directions of the Scheme Regulator.

(4) A scheme participant must, if requested to do so by the Scheme Regulator, give the Scheme Regulator the report of an audit conducted by an approved auditor when the participant gives the Scheme Regulator notice of the participant’s individual liable demand for the previous compliance period in accordance with the Act, Schedule 4A, clause 89(4).

(5) A person who is not an approved auditor must not—

(a) make a representation, or cause or allow a representation to be made, that the person is an approved auditor, or

(b) undertake the functions of an approved auditor.

Maximum penalty—

(a) for a corporation—500 penalty units, or

(b) otherwise—100 penalty units.

(6) In this section—

approved auditor means a person—

(a) nominated by the Scheme Regulator, or

(b) chosen by the scheme participant from a panel of persons nominated by the Scheme Regulator, or

(c) nominated by the scheme participant and approved by the Scheme Regulator.

107

Audits of accredited certificate providers

107 Audits of accredited certificate providers

(1) The Scheme Administrator may, at any time—

(a) audit an accredited certificate provider, or

(b) require a scheme participant to have an approved auditor audit the accredited certificate provider.

(2) An audit under this section is an audit of an accredited certificate provider’s—

(a) creation of certificates,

(b) eligibility for accreditation,

(c) compliance with the conditions of the provider’s accreditation.

(3) An audit may be conducted to—

(a) substantiate information given to the Scheme Administrator, or

(b) determine whether the provider has complied with the Act, the regulations, the scheme rules or the conditions of the provider’s accreditation.

(4) An audit must be conducted in accordance with the directions of the Scheme Administrator.

(5) A person who is not an approved auditor must not—

(a) make a representation, or cause or allow a representation to be made, that the person is an approved auditor, or

(b) undertake the functions of an approved auditor.

Maximum penalty—

(a) for a corporation—500 penalty units, or

(b) otherwise—100 penalty units.

(6) In this section—

approved auditor means a person—

(a) nominated by the Scheme Administrator, or

(b) chosen by the certificate provider from a panel of persons nominated by the Scheme Administrator, or

(c) nominated by the certificate provider and approved by the Scheme Administrator.

108

Register of accredited certificate providers

108 Register of accredited certificate providers

(1) The register of accredited certificate providers must, in addition to the information specified in the Act, Schedule 4A, clause 134(a), include the following information about each accredited certificate provider—

(a) the activities for which the accredited certificate provider is accredited,

(b) the number of certificates created by the accredited certificate provider for each of the activities and registered in the register of certificates in the previous compliance period,

(c) the States or Territories in which the activities took place.

(2) The register of accredited certificate providers must include the following information about a person whose accreditation as an certificate provider is suspended or cancelled—

(a) the person’s name,

(b) the reasons for suspension or cancellation of the person’s accreditation,

(c) the date on which the person’s accreditation was suspended or cancelled and, for a suspension, the period of suspension.

109

Register of persons refused accreditation

109 Register of persons refused accreditation

For the Act, Schedule 4A, clause 134A(c), the register of persons refused accreditation as accredited certificate providers must include the following information about each person refused accreditation—

(a) the date on which the person’s application for accreditation was made,

(b) the date on which the person’s application for accreditation was refused,

(c) the activities for which the person applied for accreditation.

110

Conditions under which peak demand reduction targets may be changed

110 Conditions under which peak demand reduction targets may be changed

(1) For the Act, Schedule 4A, clauses 84(4)(c) and 99(3)(c)—

(a) the evidence of an under supply of certificates must comprise evidence that, for each of 2 or more consecutive compliance periods, the scheme certificate target for the compliance period exceeded the number of certificates available to meet the target by 10% or more, and

(b) the evidence of an over supply of certificates must comprise evidence that, for a compliance period, the number of certificates available to meet the scheme certificate target exceeded the target by 20% or more.

(2) For subsection (1), a certificate created under an approved corresponding scheme that is unable to be surrendered by a scheme participant to meet the individual certificate target or to remedy a carried forward shortfall must be disregarded.

111

Decisions reviewable by Civil and Administrative Tribunal

111 Decisions reviewable by Civil and Administrative Tribunal

For the Act, Schedule 4A, clause 139(2)(d), the following decisions of the Scheme Administrator are prescribed—

(a) a decision to impose or vary a condition of the accreditation of a certificate provider,

(b) a decision to refuse to vary the activities for which a certificate provider is accredited,

(c) a decision to make a claim on or realise financial assurance provided by an accredited certificate provider.

112

Relevant agencies—the Act, Schedule 4A, cl 136A(3), definition of “relevant agency”, paragraph (b)

112 Relevant agencies—the Act, Schedule 4A, cl 136A(3), definition of “relevant agency”, paragraph (b)

The following are relevant agencies—

(a) the person appointed as the administrator under the Energy Efficiency (Cost of Living) Improvement Act 2012 of the Australian Capital Territory, section 23,

(b) the Australian Energy Regulator established by the Competition and Consumer Act 2010 of the Commonwealth, section 44AE,

(c) the Australian Transaction Reports and Analysis Centre established by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth, section 209,

(d) the Clean Energy Regulator established by the Clean Energy Regulator Act 2011 of the Commonwealth, section 11,

(e) the Essential Services Commission established by the Essential Services Commission Act 2002 of South Australia, section 4(1),

(f) the Essential Services Commission established by the Essential Services Commission Act 2001 of Victoria, section 7(1),

(g) AEMO,

(h) a distributor,

(i) the Australian Federal Police,

(j) the NSW Police Force,

(k) Solar Accreditation Australia Limited, ACN 666 008 368,

(l) Clean Energy Council Limited ACN, 127 102 443.

113

Annual report by Scheme Regulator

113 Annual report by Scheme Regulator

For the Act, Schedule 4A, clause 142(1A)(a), the prescribed date is 31 July in the subsequent year.

Part 8

Renewable fuel scheme

Part 8 Renewable fuel scheme

114

Scheme target for green hydrogen

114 Scheme target for green hydrogen

For the Act, Schedule 4A, clause 151(3), the scheme targets for green hydrogen specified in the following table are prescribed for each compliance period—

| Compliance period | Target (in gigajoules) | | 2027 | 180,000 | | 2028 | 3,200,000 | | 2029 | 5,330,000 | | 2030–2044 | 8,000,000 |

115

Scheme penalty rates

115 Scheme penalty rates

(1) For the Act, Schedule 4A, clause 163(1), the following scheme penalty rates are prescribed—

(a) for the 2027 compliance period—$17.50,

(b) for the 2028–2036 compliance periods—the amount calculated as follows—

where—

A is the CPI number for the September quarter immediately before the compliance period for which the amount is calculated.

B is the CPI number for the September 2027 quarter.

(2) The amount of the scheme penalty rate must be rounded up to the nearest cent.

(3) The scheme penalty rate for each compliance period must be published on the Scheme Regulator’s website before the beginning of the compliance period.

Part 9

Limitation on recovery of charges from green hydrogen producers—the Act, s 192

Part 9 Limitation on recovery of charges from green hydrogen producers—the Act, s 192

116

Definitions

116 Definitions

(1) In this part—

DNSP means a distribution network service provider.

eligible person—see section 120(1).

green hydrogen shortfall means the amount of charges a network service provider is not entitled to recover from an eligible person or retailer because of the operation of this part.

TNSP means a transmission network service provider.

(2) Words used in this part have the same meaning as in the National Electricity Rules.

117

Electricity taken to be used to produce green hydrogen

117 Electricity taken to be used to produce green hydrogen

(1) For the Act, section 192(4)(a), electricity is taken to be used to produce green hydrogen if—

(a) the electricity is used in connection with the production of hydrogen, and

(b) the electricity was conveyed by a transmission or distribution system to a connection point, and

(c) the person who uses the electricity in connection with the production of hydrogen, or a person acting on their behalf, has surrendered renewable energy certificates equivalent to the amount of electricity used in accordance with GreenPower.

(2) In this section—

GreenPower means the renewable energy accreditation scheme administered by the Department on behalf of the National GreenPower Steering Group.

renewable energy certificate has the same meaning as in the Renewable Energy (Electricity) Act 2000 of the Commonwealth.

118

Minister may require information

118 Minister may require information

(1) The Minister may, by written notice, require a person to give the Minister relevant information within the period specified in the notice.

(2) A person must comply with a requirement to give the Minister information.

(3) In this section—

relevant information means information the Minister reasonably requires to assist in exercising the Minister’s functions under this part, including for determining whether a person is, or continues to be, an eligible person.

119

Definition

119 Definition

In this division—

approved facility means a facility approved under section 122.

120

Eligibility of green hydrogen producers

120 Eligibility of green hydrogen producers

(1) For this part, a person is an eligible person if—

(a) the person uses electricity to produce green hydrogen, and

(b) the electricity the person uses to produce green hydrogen is or will be delivered—

(i) at a connection point used only for that purpose, or

(ii) if the network service provider has approved separate metering arrangements for the part of a person’s electricity used to produce green hydrogen—at a metering point used only for that purpose, and

(c) the electrical demand, measured at either of the points specified in paragraph (b), is at least 1MW in any 12-month period.

(2) In this section—

uses includes intends to use.

121

Limitation on recovery of charges for electricity used by approved facilities

121 Limitation on recovery of charges for electricity used by approved facilities

(1) A network service provider may only recover 10% of the specified charges associated with the use of an approved facility to produce green hydrogen.

Note—

The Act, section 192(3) provides that the regulations may not have the effect of reducing the total revenue earned by the network service provider under a determination.

(2) A network service provider must comply with subsection (1) for 12 years from the day on which the subsection first applies to the approved facility.

(3) In this section—

relevant distribution charges means—

(a) charges for standard control services, and

(b) designated pricing proposal charges.

specified charges means—

(a) for a transmission network service provider—the transmission charges the provider is entitled to recover under a determination from—

(i) for electricity used by a person to produce green hydrogen—the person, or

(ii) for electricity purchased by a retailer on behalf of a person for the person to produce green hydrogen—the retailer, and

(b) for a distribution network service provider—the relevant distribution charges the provider is entitled to recover under a determination from—

(i) for electricity used by a person to produce green hydrogen—the person, or

(ii) for electricity purchased by a retailer on behalf of a person for the person to produce green hydrogen—the retailer.

transmission charges means charges for—

(a) prescribed transmission use of system services, and

(b) prescribed common transmission services.

122

Approved facilities

122 Approved facilities

(1) An eligible person may apply to the Minister for approval of a facility.

(2) An application must include—

(a) a statement that the applicant proposes to use the facility to produce green hydrogen before 1 January 2031, and

(b) one or more of the following—

(i) a statement that the applicant has been given written confirmation by the relevant DNSP or TNSP that the connection of the facility’s electrical load will not require augmentation of or alterations to affected networks, other than augmentations or alterations involving connection assets,

(ii) a statement that the relevant DNSP or TNSP has given information to the applicant about augmentations or alterations to affected networks required by the connection of the facility’s electrical load, other than augmentations or alterations involving connection assets, and the applicant agrees to pay for the augmentations or alterations,

(iii) a statement that the relevant DNSP or TNSP has given information to the applicant about power transfer limitations or load control arrangements to manage network constraints and the applicant agrees to the limitations or arrangements being in place for 12 years from the day on which section 121(1) first applies to the facility, and

(c) a copy of the written confirmation or information referred to in paragraph (b) given to the applicant by the relevant DNSP or TNSP,

(d) information about the facility’s expected maximum demand for the load, or part of the load, to be used only to produce green hydrogen.

(3) The Minister must, by order published in the Gazette, approve an application under this section if satisfied the applicant is an eligible person.

(4) The Minister’s order must—

(a) specify the location, or proposed location, of the approved facility’s connection point, and

(b) specify the approved facility’s expected electrical demand for the load, or part of the load, for which the facility is approved.

(5) Despite subsection (3), the Minister must refuse an application if satisfied the combined expected maximum electrical demand of all approved facilities would, if the application is approved, be greater than 750MW.

(6) The applicant must—

(a) if the connection agreement or connection contract for the connection point specified in an order is made after the approval for the facility is given—give the Minister a copy of the connection agreement or connection contract within 2 years after the order is made, and

(b) if the electrical load used only for the production of green hydrogen has an electrical demand of at least 100MW—give AEMO information about the facility’s load in the form approved by the Minister every 6 months after the facility starts to produce green hydrogen.

(7) In this section, a reference to the electrical demand of an approved facility’s electrical load is a reference to the load measured at either of the points specified in section 120(1)(b).

123

Revocation of approval

123 Revocation of approval

(1) The Minister may revoke the approval of an approved facility if satisfied—

(a) the facility is no longer used to produce green hydrogen, or

(b) production of green hydrogen at the facility has not commenced before 1 January 2030, or

(c) the prescribed person who uses the facility—

(i) failed, within 2 years of the approval of the facility, to become a party to a connection agreement or connection contract with a network service provider in relation to a connection point specified in the Minister’s order, or

(ii) has not complied with a notice under section 118, or

(iii) made a statement under section 122(2)(b) that, when the statement was made, was false, or

(iv) has not complied with section 122(6),

(d) an eligible person who uses the facility has ceased to be an eligible person.

(2) In this section—

prescribed person, for a facility, means the person who—

(a) uses the facility to produce green hydrogen, or

(b) was the eligible person who applied for approval of the facility.

124

Savings

124 Savings

(1) A facility that, immediately before the commencement of this section, was used by an approved eligible customer to produce green hydrogen is, on and from the commencement of this section, taken to be an approved facility.

(2) In this section—

approved eligible customer means a person who, immediately before the commencement of this section, was an approved eligible customer under the repealed regulation, clause 65C.

125

Modification relating to green hydrogen shortfall

125 Modification relating to green hydrogen shortfall

(1) This section modifies the National Electricity Rules to give effect to this part.

(2) The National Electricity Rules do not apply to a network service provider to the extent required to—

(a) reduce the charges payable by a relevant customer to a network service provider in order to comply with section 121, and

(b) recover the equivalent of the green hydrogen shortfall from customers who are not relevant customers.

(3) A TNSP may recover a green hydrogen shortfall from transmission customers, other than relevant customers, through charges for either or both of the following—

(a) the adjusted non-locational component for prescribed TUOS services,

(b) prescribed common transmission services.

(4) A TNSP may only recover the green hydrogen shortfall under this section in accordance with the co-ordinating network service provider’s or TNSP’s pricing methodology, as the case requires.

(5) A distribution network service provider may recover a green hydrogen shortfall from distribution customers, other than relevant customers, through charges for standard control services or designated pricing proposal charges.

(6) In this section—

relevant customer means—

(a) an eligible person, but only in relation to the amount of electricity used to produce green hydrogen, or

(b) a retailer, if an eligible person contracts with the retailer for the supply of electricity to produce green hydrogen, but only in relation to the amount of electricity used to produce green hydrogen.

126

Modification relating to green hydrogen shortfall

126 Modification relating to green hydrogen shortfall

(1) This section modifies the National Electricity Rules to give effect to sections 121 and 125.

(2) This section applies to a network service provider if—

(a) the provider must comply with section 121(1) during the provider’s regulatory control period, and

(b) the provider determines it is necessary to revise the following to give effect to section 125—

(i) for a TNSP—the pricing methodology approved by the AER for the provider,

(ii) for a DNSP—the tariff structure statement approved by the AER for the provider.

(3) To give effect to section 125—

(a) a TNSP may submit a revised pricing methodology to the AER, and

(b) a DNSP may submit a revised tariff structure statement to the AER.

(4) A reference in subsections (2)(a) and (b)(i) and (3) to a network service provider extends to—

(a) a co-ordinating network service provider if—

(i) the co-ordinating network service provider, or a TNSP that appointed the co-ordinating network service provider (an appointing provider), must comply with section 121(1) during the provider’s regulatory control period, and

(ii) the co-ordinating network service provider determines it is necessary to revise the pricing methodology approved by the AER to give effect to section 125, and

(b) an appointing provider if—

(i) this section applies to the co-ordinating network service provider for the appointing provider, and

(ii) the appointing provider determines it is necessary to revise the pricing methodology approved by the AER to give effect to section 125.

(5) A reference in the National Electricity Rules to—

(a) a pricing methodology is taken to be a reference to a pricing methodology submitted in accordance with this section, and

(b) a tariff structure statement is taken to be a reference to a tariff structure statement submitted in accordance with this section.

127

Modification relating to offers to connect

127 Modification relating to offers to connect

The National Electricity Rules are modified by inserting the following paragraphs after Chapter 5, Part B, rule 5.3, clause 5.3.6(b5)—

(b6) If an eligible person has notified a network service provider that the eligible person intends to produce green hydrogen, the offer to connect made under paragraph (a) must include—

(1) if the network service provider has determined that the connection of the eligible person’s load will not require augmentations or alterations to affected networks, other than augmentations or alterations involving connection assets or augmentations or alterations the eligible person will pay for (excluded augmentations)—a statement to that effect, or

(2) if the network service provider proposes to impose power transfer limitations or load control arrangements to enable the network service provider to manage network constraints—

(i) a statement to that effect, including an explanation as to why the power transfer limitations or load control arrangements are necessary, and

(ii) a description of the power transfer limitations or load control arrangements, or

(3) if neither subparagraph (1) or (2) applies—a statement that, and an explanation as to why, the network service provider—

(i) has determined, or was unable to determine whether, the connection of the eligible person’s load will require augmentations or alterations to affected networks, other than excluded augmentations, and

(ii) if the load will require augmentations or alterations to affected networks other than excluded augmentations—the provider is unable to impose power transfer limitations or load control arrangements to enable the network service provider to manage network constraints.

(b7) In this clause—

eligible person has the same meaning as in the Electricity Supply (General) Regulation 2026(NSW), Part 9.

128

Modification relating to connection offers

128 Modification relating to connection offers

The National Electricity Rules are modified by inserting the following paragraphs after Chapter 5A, Part F, Division 2, clause 5A.F.4(b)—

(b1) If an eligible person has notified a distribution service provider that the eligible person intends to produce green hydrogen, the negotiated connection offer must include—

(1) if the distribution service provider has determined that the connection of the eligible person’s load will not require augmentations or alterations to affected networks, other than augmentations or alterations involving connection assets or augmentations or alterations the eligible person will pay for (excluded augmentations)—a statement to that effect, or

(2) if the distribution service provider proposes to impose power transfer limitations or load control arrangements to enable the distribution service provider to manage network constraints—

(i) a statement to that effect, including an explanation as to why the power transfer limitations or load control arrangements are necessary, and

(ii) a description of the power transfer limitations or load control arrangements, or

(3) if neither subparagraph (1) or (2) applies—a statement that, and an explanation as to why, the distribution service provider—

(i) has determined, or was unable to determine whether, the eligible person’s load will require augmentations or alterations to affected networks, other than excluded augmentations, and

(ii) if the load will require augmentations or alterations to affected networks, other than excluded augmentations—the provider is unable to impose power transfer limitations or load control arrangements to enable the distribution service provider to manage network constraints.

(b2) In this clause—

eligible person has the same meaning as in the Electricity Supply (General) Regulation 2026(NSW), Part 9.

Part 10

Miscellaneous

Part 10 Miscellaneous

129

Descriptions of parts of local government areas in distribution districts—the Act, s 83(3)

129 Descriptions of parts of local government areas in distribution districts—the Act, s 83(3)

For the Act, Schedule 3—

(a) the part of Merriwa referred to in the description of Essential Energy’s distribution district is the part of Merriwa that was within the distribution district of Ulan Electricity immediately before 1 October 1995, and

(b) the part of Merriwa referred to in the description of Ausgrid’s distribution district is the part of Merriwa that was within the distribution district of Shortland Electricity immediately before 1 October 1995.

130

Market operations rules—the Act, s 63C(1)(i)

130 Market operations rules—the Act, s 63C(1)(i)

Market operations rules may be made about the following—

(a) record keeping by retailers and distributors,

(b) obligations of retailers and distributors to exchange information,

(c) procedures for the transfer of information between retailers and distributors.

131

Service of documents—the Act, s 191(1)(j)

131 Service of documents—the Act, s 191(1)(j)

A notice or document required or authorised to be given to a person by or under the Act or this regulation may be—

(a) sent by post—

(i) for a distributor—to an office of the distributor, or

(ii) otherwise—to the last known address of the person, or

(b) given personally to the person, or

(c) sent to the person by email to an email address provided by the person, or

(d) given to the person by other electronic means.

132

Penalty notice offences and penalties—the Act, s 187(2) and Schedule 4A, cll 71C and 136D

132 Penalty notice offences and penalties—the Act, s 187(2) and Schedule 4A, cll 71C and 136D

(1) Each offence created by a provision specified in Schedule 2, Column 1 is an offence for which a penalty notice may be issued and the amount payable for the penalty notice is the amount specified opposite the provision in—

(a) for an individual—Schedule 2, Column 2, or

(b) for a corporation—Schedule 2, Column 3.

(2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—

(a) the limited kind of offence, or

(b) an offence committed in the limited circumstances.

133

Civil penalty provisions

133 Civil penalty provisions

For the Act, Schedule 4A, clauses 63A, definition of civil penalty provision and 132A, definition of civil penalty provision, each provision specified in Schedule 3 is a civil penalty provision for which a civil penalty order may be issued.

134

Protection of underground electricity power lines—designated information provider—the Act, s 63X(b)

134 Protection of underground electricity power lines—designated information provider—the Act, s 63X(b)

Before You Dig Australia Limited (ABN 91 089 413 650) is prescribed.

135

Savings

135 Savings

An act, matter or thing that, immediately before the repeal of the repealed regulation, had effect under that regulation continues to have effect under this regulation.

Schedule 1

Fees

Schedule 1 Fees

sections 47, 52, 60, 89, 94 and 102

Sch 1 s 1

Fees

Sch 1 s 1 Fees

1 Fees

The following fees are payable under the Act and this regulation—

| Column 1 | Column 2 | Column 3 | | Provision | Matter for which fee payable | Fee | | Energy savings scheme | | The Act, Schedule 4A, clause 39(4) and this regulation, section 47(c) | Application for accreditation as energy savings certificate provider | $2,500 | | The Act, Schedule 4A, clause 43(4) and this regulation, section 52(c) | Application for transfer of accreditation as energy savings certificate provider | $500 | | The Act, Schedule 4A, clause 46(6) and this regulation, section 60(1)(b) | Application for registration of the creation of an energy savings certificate | $0.80, adjusted annually as set out in this schedule, section 2, for each certificate | | Peak demand reduction scheme | | The Act, Schedule 4A, clause 111(4) and this regulation, section 89(c) | Application for accreditation as a certificate provider | $2,500 | | The Act, Schedule 4A, clause 116(4) and this regulation, section 94(c) | Application for transfer of accreditation as a certificate provider | $500 | | The Act, Schedule 4A, clause 118(10) and this regulation, section 102(2) | Application for registration of the creation of a certificate | $0.0279, adjusted annually as set out in this schedule, section 3, for each certificate |

Sch 1 s 2

Adjustment of fee for registration of energy savings certificate

Sch 1 s 2 Adjustment of fee for registration of energy savings certificate

2 Adjustment of fee for registration of energy savings certificate

(1) Under the Act, Schedule 4A, clause 46(6), the fee for an application for registration of the creation of an energy savings certificate must be adjusted on 1 January of each year as follows—

where—

Feeyear is the registration fee for the year.

CPIyear-1 is the Consumer Price Index for the September quarter of the immediately preceding year.

CPISep 21 is the Consumer Price Index for the September quarter 2021.

(2) A fee must be rounded up to the nearest cent.

Sch 1 s 3

Adjustment of fee for registration of peak demand reduction certificate

Sch 1 s 3 Adjustment of fee for registration of peak demand reduction certificate

3 Adjustment of fee for registration of peak demand reduction certificate

(1) Under the Act, Schedule 4A, clause 118(10)(b), the fee for an application for registration of the creation of a certificate must be adjusted on 1 November of each year using the following formula—

where—

Feecurrent period is the registration fee for the compliance period.

CPIcurrent year is the Consumer Price Index for the June quarter immediately preceding the start of the compliance period.

CPIJun 22 is the Consumer Price Index for the June quarter 2022.

(2) A fee must be rounded up to the nearest one hundredth of a cent.

Schedule 2

Penalty notice offences

Schedule 2 Penalty notice offences

section 132

| Column 1 | Column 2 | Column 3 | | Provision | Penalty—individual | Penalty—corporation | | Offences under the Act | | Charges for solar-generated electricity supplied by customers | | Section 43G | $550 | $1,100 | | Section 43H(2) | $550 | $1,100 | | Energy savings scheme | | Schedule 4A, clause 26(6) | $1,100 | $2,750 | | Schedule 4A, clause 36(1) | $22,000 | $22,000 | | Schedule 4A, clause 41(3) | $22,000 | $22,000 | | Schedule 4A, clause 45(5)— | | | | (a) base amount, and | $11,000 | $11,000 | | (b) for each energy savings certificate the person fails to surrender | $110 | $110 | | Schedule 4A, clause 60 | $1,100 | $2,750 | | Schedule 4A, clause 71 | $1,100 | $2,750 | | Schedule 4A, clause 71B(5) | $550 | $2,200 | | Peak demand reduction scheme | | Schedule 4A, clause 103(6) | $1,100 | $2,750 | | Schedule 4A, clause 108(1) | $22,000 | $22,000 | | Schedule 4A, clause 114(2) | $22,000 | $22,000 | | Schedule 4A, clause 117(4)— | | | | (a) base amount, and | $11,000 | $11,000 | | (b) for each certificate the person fails to surrender | $110 | $110 | | Schedule 4A, clause 129 | $1,100 | $2,750 | | Schedule 4A, clause 136C(5) | $1,100 | $2,200 | | Schedule 4A, clause 137(9) | $1,100 | $2,750 | | Offences under this regulation | | Section 12(2) or (4) | $5,500 | $11,000 | | Section 12(5) | $100 | $100 | | Section 13(2) | $5,500 | $11,000 | | Section 15(1), (2), (3) or (4) | $5,500 | $11,000 | | Section 16 | $100 | $100 | | Section 17 | $5,500 | $11,000 | | Section 28(4) | $5,500 | $22,000 | | Section 32(3) | $1,100 | $5,500 | | Section 64(5) | $1,100 | $5,500 | | Section 65(5) | $1,100 | $5,500 | | Section 106(5) | $1,100 | $5,500 | | Section 107(5) | $1,100 | $5,500 |

Schedule 3

Civil penalty provisions

Schedule 3 Civil penalty provisions

section 133

Schedule 4

Dictionary

Schedule 4 Dictionary

section 3

approved facility, for Part 9, Division 2—see section 119.

assessment—

(a) for Part 6, Division 2—see section 37, or

(b) for Part 7, Division 2—see section 78.

biodiesel, for Part 6—see section 33.

biofuel, for Part 6—see section 33.

biogas, for Part 6—see section 33.

biomass, for Part 6—see section 33.

close associate means—

(a) for a corporation—

(i) a director or officer of the corporation, or

(ii) a related body corporate of the corporation, or

(b) for an individual—a corporation of which the individual is a director or an officer.

code, for Part 5—see section 26.

connection services has the same meaning as in the National Electricity Rules, Chapter 5A.

corresponding scheme—

(a) for Part 6—see section 33, or

(b) for Part 7—see section 73.

diesel fuel, for Part 6—see section 33.

DNSP, for Part 9—see section 116(1).

eligible person, for Part 9—see section 116(1).

exempt person means an exempt seller or other person who is exempt from the application of the National Energy Retail Law (NSW).

GECS regulation, for Part 2, Division 3—see section 11.

green hydrogen shortfall, for Part 9—see section 116(1).

liquefied petroleum gas, for Part 6—see section 33.

metering provider, for Part 2, Division 3—see section 11.

natural gas, for Part 6—see section 33.

onsite renewable energy, for Part 6—see section 33.

premises, for Part 2, Division 3—see section 11.

prescribed customer means a person who is a customer of an exempt person and who would be a small customer if the exempt person was a retailer.

protected period, for Part 2—see section 4.

relevant person, for Part 5—see section 26.

remote de-energisation, for Part 2, Division 3—see section 11.

remote re-energisation, for Part 2, Division 3—see section 11.

repealed regulation means the Electricity Supply (General) Regulation 2014.

retail rules, for Part 2—see section 4.

scheduled bidirectional unit has the same meaning as in the National Electricity Rules.

social programs, for Part 5—see section 26.

the Act means the Electricity Supply Act 1995.

TNSP, for Part 9—see section 116(1).

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of regulation

This regulation is the Electricity Supply (General) Regulation 2026.

2 Commencement

This regulation commences on 1 September 2026.

Note—

This regulation replaces the Electricity Supply (General) Regulation 2014, which is repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions

The dictionary in Schedule 4 defines words used in this regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2 Customer consultation and service

Division 1 Preliminary

4 Definitions

In this part—

protected period means a protected period under the retail rules, Part 6.

retail rules means the National Energy Retail Rules.

5 Customer consultative groups

(1) A customer consultative group appointed by a distributor must be constituted in accordance with a charter approved by the Minister and is not required to comply with the Act, section 90(1) or (2).

(2) The charter may provide for other matters relating to the customer consultative group, including the following—

(a) meeting procedure,

(b) meeting intervals,

(c) funding of the group,

(d) access to information by the group.

Division 2 Distributor service standards—the Act, s 191(1)(e2)

6 Distributor service standards

The requirements under this division are distributor service standards.

Note—

Requirements under this division are enforceable under the retail rules and are applicable to distributors within the meaning of the National Energy Retail Law (NSW).

7 Compensation for failure to connect on agreed date