Part 5ARegulation of NERL retailers

Part 5A—Regulation of NERL retailers 59—Application of Part This Part applies to a NERL retailer. 59AA—Interpretation In this Part— gas has the same meaning as in the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011. 59A—Compliance with certain code provisions under Essential Services Commission Act 2002 and requirements of regulations (1) A NERL retailer must comply with— (a) code provisions as in force from time to time under the Essential Services Commission Act 2002 specified in, or in a manner prescribed by, the regulations; and (b) any requirements imposed under the regulations, relating to— (c) technical or safety requirements or standards; and (d) obligations as to the quality, safety and reliability of the supply of gas (relevant to the supply of gas by retail); and (e) standards for, and installation of, meters relating to gas supply; and (f) any scheme relating to energy productivity; and (g) any other matter related to the sale and supply of gas by retail specified in the regulations. (2) An offence against subsection (1) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $20 000. 59B—Participation in ombudsman scheme (1) If a NERL retailer sells gas to customers with an annual gas consumption level of less than the level prescribed, the NERL retailer must participate in an ombudsman scheme— (a) that applies to the gas supply industry and to other regulated industries (within the meaning of the Essential Services Commission Act 2002) prescribed by regulation; and (b) the terms and conditions of which are approved by the Commission. (2) An offence against subsection (1) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $20 000. 59C—Compliance with customer concessions scheme and performance of community service obligations (1) A NERL retailer must comply with the requirements of any scheme approved and funded by the Minister for the provision by the State of customer concessions or the performance of community service obligations by regulated entities. (2) An offence against subsection (1) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $20 000. 59D—NERL retailers to match available gas to customers' estimated aggregate demand (1) A NERL retailer must ensure that at all times the quantity of gas available to it for delivery to its customers from a distribution system is sufficient to meet reasonable forecasts of its customers' aggregate demand for gas from the distribution system. (2) An offence against subsection (1) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $20 000. 59E—NERL retailers annual administration fee (1) A NERL retailer must pay to the Commission the relevant annual administration fee. (2) The annual administration fee is an amount, calculated in accordance with the regulations, that represents a reasonable contribution towards administrative costs. (3) For the purposes of this section, the Commission must give a NERL retailer a notice setting out— (a) the amount of the relevant annual administration fee; and (b) the date by which the fee (or, if the fee is to be paid in instalments, the first instalment of the relevant annual administration fee) must be paid. (4) The annual administration fee may, if the Commission so determines, be paid in equal instalments at intervals fixed by the Commission. (5) If a NERL retailer fails to pay the annual administration fee (or an instalment of the annual administration fee) in accordance with this section, the Commission may, by written notice, require the NERL retailer to make good the default and, in addition, to pay to the Commission the amount prescribed as a penalty for default. (6) An annual administration fee (including any instalment of an annual administration fee or any penalty for default) payable under this section is recoverable as a debt due to the Crown. (7) In this section— administrative costs means— (a) the costs of administration of this Act; and (b) the costs of administration of the Essential Services Commission Act 2002 relating to the gas supply industry; and (c) other costs prescribed by regulation, that, in the opinion of the Minister, relate to NERL retailers.