Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this instrument does: This regulation adopts the National Energy Retail Law for New South Wales, bringing the national retail energy rules and related obligations into force in NSW and making them apply to energy retailers, distributors and their customers.
Key administrative facts: The published version is current from 28 August 2026, is certified under section 45C of the Interpretation Act 1987, and is scheduled for automatic repeal on 1 September 2031 under the Subordinate Legislation Act 1989.
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Direct links to the current provisions in National Energy Retail Law (Adoption) Regulation 2026.
Part 1 Preliminary
1 Name of regulation
This regulation is the National Energy Retail Law (Adoption) Regulation 2026.
2 Commencement
This regulation commences on 1 September 2026.
Note—
This regulation replaces the National Energy Retail Law (Adoption) Regulation 2020, which is repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
ActewAGL Retail means ActewAGL Retail, partnership of Icon Retail Investments Limited (ACN 074 371 207) and AGL ACT Retail Investments Pty Limited (ACN 093 631 586).
AGL Sales means AGL Sales Pty Limited (ACN 090 538 337).
Allgas Energy means Allgas Energy Pty Limited (ACN 009 656 446).
Australian Gas Networks (Albury) means Australian Gas Networks (Albury) Limited (ACN 000 001 249).
EvoEnergy means EvoEnergy, partnership of Icon Distribution Investments Limited (ACN 073 025 224) and Jemena Networks.
Jemena Networks means Jemena Networks (ACT) Pty Ltd (ACN 008 552 663).
National Law means the National Energy Retail Law (NSW).
the Act means the National Energy Retail Law (Adoption) Act 2012.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2 Regulations for National Law
4 Upper consumption thresholds
(1) For the National Law, section 2(1), definition of embedded network customer, paragraph (b), the upper consumption threshold is—
(a) for electricity—100MWh per year, or
(b) for gas—1,000GJ per year.
(2) For the National Law, section 6(2)(a) the upper consumption threshold for business customers is—
(a) for electricity—100MWh per year, or
(b) for gas—1,000GJ per year.
5 Nominated local area retailers
(1) The following retailers are nominated as the local area retailers for gas for the following premises specified for each retailer—
(a) Origin Energy LPG Limited (ACN 000 508 369) for premises in this State connected to the following distribution systems—
(i) the distribution system of Australian Gas Networks (NSW) Pty Ltd (ACN 083 199 839),
(ii) the distribution system of Central Ranges Pipeline Pty Ltd (ACN 108 218 355),
(iii) the distribution system of Australian Gas Networks (Albury),
(b) AGL Retail Energy Limited (ACN 074 839 464) and AGL Sales for premises in this State connected to the distribution system of Jemena Gas Networks (NSW) Ltd (ACN 003 004 322),
(c) ActewAGL Retail for premises in this State connected to the distribution system of EvoEnergy,
(d) AGL Sales for premises in this State connected to the distribution system of Allgas Energy.
(2) The following retailers are nominated as the local area retailers for electricity for premises specified below in relation to each retailer—
(a) Origin Energy Electricity Limited (ACN 071 052 287) for premises in this State connected to the following distribution systems—
(i) the distribution system of Essential Energy,
(ii) the distribution system of Endeavour Energy,
(b) EnergyAustralia Pty Ltd (ACN 086 014 968) for premises in this State connected to the distribution system of Ausgrid,
(c) ActewAGL Retail for premises in this State connected to the distribution system of EvoEnergy.
6 Application of National Law price comparator provisions
(1) The National Law, section 62 is declared to apply in this State.
(2) The National Law, section 63(b) is declared to apply to retailers in this State.
7 Limitation of liability of distributors—modifications
(1) In this section, the approved distributor limitation of liability clause is a clause to the following effect—
*
(1) The distributor is not liable for indirect, economic, special or consequential losses suffered by a customer as a result of a partial or total failure to supply energy due to an act or omission by the distributor or an officer or employee of the distributor done or omitted to be done in bad faith or through negligence.
(2) The distributor’s liability for losses suffered by a customer as a result of partial or total failure to supply energy under a contract, other than a loss for which liability is excluded by this section or the National Law, is limited, for all failures during a calendar year, to the lesser of the following—
(a) the cost of repair or replacement of property damaged as a result of the failure,
(b) $5,000.
(2) For the National Law, section 316A(3)(a)—
(a) an agreement with a small customer varying or excluding the operation of that Law, section 316(1) must be in or to the effect of the approved distributor limitation of liability clause, and
(b) a condition varying or excluding the operation of that Law, section 316(1) in a proposed standard connection contract prepared under that Law, section 75 must be in or to the effect of the approved distributor limitation of liability clause.
(3) The National Energy Retail Rules, rule 83 is taken to be modified to provide that a distributor may include an approved distributor limitation of liability clause in a negotiated connection contract with a small customer but must not include any other limitation of liability for breach of contract or negligence by the distributor in a negotiated connection contract with the small customer.
(4) The National Energy Retail Rules, Schedule 2, clause 8 is taken to be modified—
(a) to permit the inclusion in that clause of the approved distributor limitation of liability clause, with appropriate modifications to reflect the way of referencing the distributor and the National Law, and
(b) if that clause is included, by inserting “(except as provided by this clause)” after “negligently” in clause 8(c).
(5) Nothing in this section affects the operation of a determination that may be made under an energy ombudsman scheme established under the Electricity Supply Act 1995, section 96B.
8 Market Monitor
The Independent Pricing and Regulatory Tribunal is prescribed as the Market Monitor for the National Law, Part 9A.
9 Powers of Market Monitor and conduct of special reviews
(1) For a special review under the National Law, Part 9A, the Market Monitor—
(a) must act with as little formality as possible, and
(b) may inform itself on a matter in the way the Market Monitor thinks fit and is not bound by the rules of evidence, and
(c) may receive information or submissions in the form of oral or written statements, and
(d) must consult with retailers, and
(e) may consult with the persons the Market Monitor thinks fit, including by organising the following—
(i) hearings and public seminars,
(ii) workshops, working groups and task forces.
(2) The Market Monitor must give notice of an intention to hold the hearings, the subject of the hearings and the time and place at which the first hearing is to begin in a way that is reasonably likely to bring the notice to the attention of members of the public generally.
(3) If the Market Monitor calls for written submissions, the Market Monitor may specify a deadline by which the submissions must be made and may extend that deadline.
(4) A hearing must be conducted as determined by the Market Monitor and may be held in public or in private.
10 Provision of information, documents and evidence
(1) For a special review, the Chairperson of the Market Monitor may, by written notice served on an officer of a retailer or another person, require the officer or person to do one or more of the following—
(a) give to the Market Monitor, on or before a specified day, a statement containing specified information,
(b) give to the Market Monitor, on or before a specified day, specified documents,
(c) attend a meeting or hearing of the Market Monitor to give evidence.
(2) If documents are given to the Market Monitor under this section, the Market Monitor—
(a) may take possession of, and make copies of or take extracts from, the documents, and
(b) may keep the documents for as long as is necessary for the special review to which the documents relate, and
(c) must permit the documents to be inspected at all reasonable times by persons who would be entitled to inspect them if they were not in the possession of the Market Monitor.
11 Confidential information
(1) If a person gives information (protected information) to the Market Monitor for a special review on the understanding that the information is confidential and will not be disclosed, the Market Monitor must ensure the information is not disclosed, except—
(a) with the consent of the person who provided the information, or
(b) to the extent that the Market Monitor is satisfied that the information is not confidential in nature.
(2) If the Market Monitor is satisfied that protected information given to the Market Monitor by a person needs to be disclosed in a report of a special review, and the exceptions in subsection (1) do not apply, the Market Monitor must—
(a) give the person written notice that the Market Monitor proposes to disclose the information in the report after the period specified in the notice, and
(b) consider an objection made by the person within the specified period.
(3) After the specified period, the Market Monitor may divulge the information in the report.
(4) A reference in this section to information includes information given at a meeting or hearing of the Market Monitor and information contained in documents given to the Market Monitor.
12 Offences
(1) A person must not, without reasonable excuse—
(a) refuse or fail to comply with a notice served under section 10, or
(b) refuse or fail to answer a question asked by the Chairperson at a meeting or hearing before the Market Monitor for the purposes of a special review.
Maximum penalty—100 penalty units.
(2) For subsection (1), it is a reasonable excuse that compliance with the notice or answering the question might tend to incriminate an individual or make the individual liable to a forfeiture or penalty.
(3) A person must not—
(a) give the Market Monitor, whether orally or in writing, information the person knows to be false or misleading in a material particular, unless the person informs the Market Monitor that the information is false or misleading, or
(b) at a meeting of or hearing before the Market Monitor, give evidence that the person knows to be false or misleading in a material particular.
Maximum penalty—100 penalty units.
(4) A person must not hinder, obstruct or interfere with the Chairperson or another member of the Market Monitor conducting or involved in a special review.
Maximum penalty—100 penalty units.
Part 3 Exemptions from National Law
13 Exemption of Essential Energy for sale and supply of electricity
(1) Essential Energy is exempted from the National Law in relation to the sale or supply of electricity to a customer under an existing retail contract.
(2) An exemption under this section ceases to have effect if the contract is varied unless the Minister determines, by written notice to Essential Energy, that the exemption extends to the sale or supply of electricity under the contract as varied.
(3) The provisions of the Electricity Supply Act 1995, and the regulations under that Act, as in force immediately before the amendment of that Act by the Energy Legislation Amendment (National Energy Retail Law) Act 2012, continue to apply to an existing retail contract entered into by Essential Energy if an exemption is in force under this section in relation to the contract.
(4) In this section—
existing retail contract means a negotiated customer supply contract, or a standard form customer supply contract, under the Electricity Supply Act 1995 that was in force between a small retail customer and a retailer immediately before 1 July 2013.
14 Exemption of Delta Power and Energy for BHP contract
(1) Delta Power and Energy is exempted from the National Law for the sale or supply of electricity under the BHP Port Kembla Slab and Plate Products Contract.
(2) An exemption under this section ceases to have effect if the BHP Port Kembla Slab and Plate Products Contract is varied unless the Minister determines, by written notice to Delta Power and Energy, that the exemption extends to the sale or supply of electricity under the contract as varied.
(3) In this section—
BHP Port Kembla Slab and Plate Products Contract means the contract between Delta Power and Energy and Bluescope Steel arising from the agreements between the parties, or their predecessors or successors in title, dated 24 May 1955, 27 November 1958 and 1 December 1969 and any variations of contract arising from the following—
(a) the Combined Port Kembla and Newcastle Supplementary Agreement No 1 between Delta Power and Energy, Bluescope Steel and BHP Group Limited (ACN 004 028 077) dated 19 June 1998,
(b) the Port Kembla Supplementary Deed No 1 dated 28 January 2004, and the Port Kembla Supplementary Deed No 1 dated 4 July 2008, between Delta Power and Energy and Bluescope Steel.
Bluescope Steel means Bluescope Steel (AIS) Pty Ltd (ACN 000 019 625).
Delta Power and Energy means Delta Power and Energy (Vales Point) Pty Ltd (ACN 162 696 335).
15 Exemption of AGL Macquarie for Tomago contract
(1) AGL Macquarie is exempted from the National Law for the sale or supply of electricity under the power supply agreement dated 23 January 1991 between AGL Macquarie, Tomago Aluminium Company Pty Ltd (ACN 001 862 228) and others.
(2) An exemption under this section ceases to have effect if the agreement is varied unless the Minister determines, by written notice to AGL Macquarie, that the exemption extends to the sale or supply of electricity under the agreement as varied.
(3) In this section—
AGL Macquarie means AGL Macquarie Pty Limited (ACN 167 859 494).
16 Exemption of Ausgrid for Kurri Kurri contract
(1) Ausgrid is exempted from the National Law in relation to the sale or supply of electricity under the electricity supply agreement dated 28 June 2002 between Ausgrid (ABN 78 508 211 731), formerly EnergyAustralia, and Hydro Aluminium Kurri Kurri Pty Ltd (ACN 093 266 221).
(2) An exemption under this section ceases to have effect if the agreement is varied unless the Minister determines, by written notice to Ausgrid, that the exemption extends to the sale or supply of electricity under the agreement as varied.
17 Exemption for small generating systems
A person is exempted from the National Law in relation to the sale or supply of electricity if—
(a) the electricity is generated by one or more generating systems owned or controlled by the person, and
(b) the generating systems supply electricity to a transmission or distribution system through a single connection point, or an electrically common point, at a rate of 30MW or less, and
(c) a distribution system that conveys the electricity is owned or controlled by a distributor that—
(i) holds a distributor’s licence under the Electricity Supply Act 1995, or
(ii) is exempt from the requirement to hold a distributor’s licence.
18 Exemption for Queensland cross-border suppliers of energy
(1) Ergon Energy Queensland is exempt from the National Law for the supply of electricity to premises in this State connected to the distribution system of Ergon Energy Corporation on condition that the supply of electricity is consistent with the provisions of the National Energy Retail Law (Queensland) of Queensland that would apply if the supply of electricity occurred in Queensland.
(2) Allgas Energy is exempted from the National Law for the supply of gas to premises in this State by its distribution system on condition that the supply of the gas is consistent with the provisions of the National Energy Retail Law (Queensland) of Queensland that would apply if the supply of gas occurred in Queensland.
(3) Ergon Energy Corporation is exempted from the National Law for the supply of electricity to premises in this State by its distribution system on condition that the supply of the electricity is consistent with the provisions of the National Energy Retail Law (Queensland) of Queensland that would apply if the supply of electricity occurred in Queensland.
(4) Nothing in this section requires a community services agreement entered into by Ergon Energy Queensland with the State of Queensland for the provision of community services to apply to a supply of electricity referred to in this section.
Note—
Ergon Energy Queensland is, when supplying electricity in this State, required to comply with the NSW Social Programs for Energy Code, adopted under the Electricity Supply (General) Regulation 2026, section 27.
(5) In this section—
Ergon Energy Queensland means Ergon Energy Queensland Pty Ltd (ACN 121 177 802).
Ergon Energy Corporation means Ergon Energy Corporation Limited (ACN 087 646 062).
19 Exemption for Victorian cross-border suppliers of energy
(1) Australian Gas Networks (Albury) is exempt from the National Law for the supply of gas to premises in this State by its distribution system on condition that the supply of the gas is consistent with the provisions of the Gas Industry Act 2001 of Victoria that would apply if the supply of gas occurred in Victoria.
(2) This section does not require Australian Gas Networks (Albury) to comply with a requirement under the Gas Industry Act 2001 of Victoria relating to entering into an agreement with the State of Victoria for the provision of community services.
20 Exemption for ACT cross-border suppliers of energy
EvoEnergy is exempt from the National Law for the supply of gas or electricity to premises in this State by its distribution system on condition that the supply of the gas or electricity is consistent with the National Energy Retail Law (ACT).
21 Functions of AER relating to cross-border exemptions
(1) The AER has the function of monitoring compliance with, and enforcement of, conditions of exemption by persons exempted from the National Law under sections 24–26, but only if the National Law applies in the other State or Territory referred to in the sections.
(2) The AER also has and may exercise, in relation to compliance with and enforcement of conditions, the same functions and powers as the AER has in relation to compliance with and enforcement of the National Law.
22 Conditions relating to exemption of Lord Howe Island Board
(1) The exemption of the Lord Howe Island Board from the application of the National Law under the National Law, section 3A is subject to the conditions set out in this section.
(2) The Board must provide customer connection services to a person—
(a) who requests the services, and
(b) whose premises are connected to, or who is seeking to have premises connected to, the Board’s distribution system.
(3) The Board must provide customer retail services to a customer—
(a) who requests the services, and
(b) whose premises are connected to, or who is seeking to have premises connected to, the Board’s distribution system.
(4) The Board must provide customer connection services and customer retail services under, or in accordance with, a contract.
Part 4 Miscellaneous
23 Modifications to National Energy Retail Rules
The National Energy Retail Rules are modified as provided for in Schedule 1.
24 Application of the National Energy Retail Law, section 22(1a)
(1) The National Law, section 22(1a) applies as a law of the State.
(2) The tariff structures prescribed by the National Energy Retail Rules, Schedule 3, Part 19, Division 4, Rule 15 apply for the National Law, section 22(1a).
25 Savings
An act, matter or thing that, immediately before the repeal of the National Energy Retail Law (Adoption) Regulation 2020, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Modifications to National Energy Retail Rules
section 23
[1] Rule 35A
Insert after rule 35—
[2] Rule 46AAA
Insert after rule 46AA—
[3] Rule 49A
Omit rule 49A.
Insert instead—
[4] Rule 70A Definitions
Insert in appropriate order—
EAPA means the Energy Accounts Payment Assistance scheme under the NSW Social Programs for Energy Code as in force from time to time.
social rebate means a rebate under the NSW Social Programs for Energy Code as in force from time to time.
[5] Rules 73 and 73A
Insert after rule 72—
[6] Rule 90A
Insert after rule 90—
[7] Schedule 2 Model terms and conditions for deemed standard connection contracts
Insert after Schedule 2, clause 6.6—
[8] Schedule 3 Savings and Transitional Rules
Omit Schedule 3, Part 19, rules 12–14 and 16.
Schedule 2 Amendment of National Energy Retail Law (Adoption) Act 2012 No 37
[1] Schedule 1 New South Wales changes and additions to National Energy Retail Law
Omit the definition of embedded network customer from Schedule 1[2].
Insert instead—
embedded network customer—see section 2AA;
Note—
This definition is an additional New South Wales provision.
[2] Schedule 1[5]
Insert after Schedule 1[4]—
[3] Schedule 1[18], section 116D(1)
Insert “with a website” after “network seller”.
[4] Schedule 1[18], section 116E
Omit “sells”.
Insert instead “imposes a consumption charge for”.
[5] Schedule 1[18], section 116G(2), penalty
Omit the penalty.
Insert instead—
Maximum penalty—100 penalty units and, for a continuing offence, a further 10 penalty units for each day the offence continues.
[6] Schedule 1[25A], section 234A(3)(g1) and (g2)
Insert after section 234A(3)(g)—
(g1) demand response programs offered to small customers;
(g2) virtual power plant services available to small customers;
[7] Schedule 1[25A], section 234A(7)(d)
Omit “subsection (8).” from section 234A(7)(c).
Insert instead—
subsection (8);
(d) information that is—
(i) provided for the Market Monitor’s annual report by an individual; and
(ii) not otherwise considered confidential.
[8] Schedule 1[25A], section 234A(8)
Omit the subsection.
Insert instead—
(8) The Market Monitor may, by written notice served on a retailer, require the retailer to give particulars of the following to the Market Monitor—
(a) the number of market offer customers of the retailer;
(b) the market offer prices paid by the retailer’s market offer customers;
(c) each publicly advertised standing offer price offered by the retailer and the number of customers on each of the prices;
(d) a matter that, under subsection (3), must be included in an annual report.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1 Name of regulation
This regulation is the National Energy Retail Law (Adoption) Regulation 2026.
2 Commencement
This regulation commences on 1 September 2026.
Note—
This regulation replaces the National Energy Retail Law (Adoption) Regulation 2020, which is repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
ActewAGL Retail means ActewAGL Retail, partnership of Icon Retail Investments Limited (ACN 074 371 207) and AGL ACT Retail Investments Pty Limited (ACN 093 631 586).
AGL Sales means AGL Sales Pty Limited (ACN 090 538 337).
Allgas Energy means Allgas Energy Pty Limited (ACN 009 656 446).
Australian Gas Networks (Albury) means Australian Gas Networks (Albury) Limited (ACN 000 001 249).
EvoEnergy means EvoEnergy, partnership of Icon Distribution Investments Limited (ACN 073 025 224) and Jemena Networks.
Jemena Networks means Jemena Networks (ACT) Pty Ltd (ACN 008 552 663).
National Law means the National Energy Retail Law (NSW).
the Act means the National Energy Retail Law (Adoption) Act 2012.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2 Regulations for National Law
4 Upper consumption thresholds
(1) For the National Law, section 2(1), definition of embedded network customer, paragraph (b), the upper consumption threshold is—
(a) for electricity—100MWh per year, or
(b) for gas—1,000GJ per year.
(2) For the National Law, section 6(2)(a) the upper consumption threshold for business customers is—
(a) for electricity—100MWh per year, or
(b) for gas—1,000GJ per year.
5 Nominated local area retailers
(1) The following retailers are nominated as the local area retailers for gas for the following premises specified for each retailer—
(a) Origin Energy LPG Limited (ACN 000 508 369) for premises in this State connected to the following distribution systems—
(i) the distribution system of Australian Gas Networks (NSW) Pty Ltd (ACN 083 199 839),
(ii) the distribution system of Central Ranges Pipeline Pty Ltd (ACN 108 218 355),
(iii) the distribution system of Australian Gas Networks (Albury),
(b) AGL Retail Energy Limited (ACN 074 839 464) and AGL Sales for premises in this State connected to the distribution system of Jemena Gas Networks (NSW) Ltd (ACN 003 004 322),
(c) ActewAGL Retail for premises in this State connected to the distribution system of EvoEnergy,
(d) AGL Sales for premises in this State connected to the distribution system of Allgas Energy.
(2) The following retailers are nominated as the local area retailers for electricity for premises specified below in relation to each retailer—
(a) Origin Energy Electricity Limited (ACN 071 052 287) for premises in this State connected to the following distribution systems—
(i) the distribution system of Essential Energy,
(ii) the distribution system of Endeavour Energy,
(b) EnergyAustralia Pty Ltd (ACN 086 014 968) for premises in this State connected to the distribution system of Ausgrid,
(c) ActewAGL Retail for premises in this State connected to the distribution system of EvoEnergy.
6 Application of National Law price comparator provisions
(1) The National Law, section 62 is declared to apply in this State.
(2) The National Law, section 63(b) is declared to apply to retailers in this State.
7 Limitation of liability of distributors—modifications
(1) In this section, the approved distributor limitation of liability clause is a clause to the following effect—
*
(1) The distributor is not liable for indirect, economic, special or consequential losses suffered by a customer as a result of a partial or total failure to supply energy due to an act or omission by the distributor or an officer or employee of the distributor done or omitted to be done in bad faith or through negligence.
(2) The distributor’s liability for losses suffered by a customer as a result of partial or total failure to supply energy under a contract, other than a loss for which liability is excluded by this section or the National Law, is limited, for all failures during a calendar year, to the lesser of the following—
(a) the cost of repair or replacement of property damaged as a result of the failure,
(b) $5,000.
(2) For the National Law, section 316A(3)(a)—
(a) an agreement with a small customer varying or excluding the operation of that Law, section 316(1) must be in or to the effect of the approved distributor limitation of liability clause, and
(b) a condition varying or excluding the operation of that Law, section 316(1) in a proposed standard connection contract prepared under that Law, section 75 must be in or to the effect of the approved distributor limitation of liability clause.
(3) The National Energy Retail Rules, rule 83 is taken to be modified to provide that a distributor may include an approved distributor limitation of liability clause in a negotiated connection contract with a small customer but must not include any other limitation of liability for breach of contract or negligence by the distributor in a negotiated connection contract with the small customer.
(4) The National Energy Retail Rules, Schedule 2, clause 8 is taken to be modified—
(a) to permit the inclusion in that clause of the approved distributor limitation of liability clause, with appropriate modifications to reflect the way of referencing the distributor and the National Law, and
(b) if that clause is included, by inserting “(except as provided by this clause)” after “negligently” in clause 8(c).
(5) Nothing in this section affects the operation of a determination that may be made under an energy ombudsman scheme established under the Electricity Supply Act 1995, section 96B.
8 Market Monitor
The Independent Pricing and Regulatory Tribunal is prescribed as the Market Monitor for the National Law, Part 9A.
9 Powers of Market Monitor and conduct of special reviews
(1) For a special review under the National Law, Part 9A, the Market Monitor—
(a) must act with as little formality as possible, and
(b) may inform itself on a matter in the way the Market Monitor thinks fit and is not bound by the rules of evidence, and
(c) may receive information or submissions in the form of oral or written statements, and
(d) must consult with retailers, and
(e) may consult with the persons the Market Monitor thinks fit, including by organising the following—
(i) hearings and public seminars,
(ii) workshops, working groups and task forces.
(2) The Market Monitor must give notice of an intention to hold the hearings, the subject of the hearings and the time and place at which the first hearing is to begin in a way that is reasonably likely to bring the notice to the attention of members of the public generally.
(3) If the Market Monitor calls for written submissions, the Market Monitor may specify a deadline by which the submissions must be made and may extend that deadline.
(4) A hearing must be conducted as determined by the Market Monitor and may be held in public or in private.
10 Provision of information, documents and evidence
(1) For a special review, the Chairperson of the Market Monitor may, by written notice served on an officer of a retailer or another person, require the officer or person to do one or more of the following—
(a) give to the Market Monitor, on or before a specified day, a statement containing specified information,
(b) give to the Market Monitor, on or before a specified day, specified documents,
(c) attend a meeting or hearing of the Market Monitor to give evidence.
(2) If documents are given to the Market Monitor under this section, the Market Monitor—
(a) may take possession of, and make copies of or take extracts from, the documents, and
(b) may keep the documents for as long as is necessary for the special review to which the documents relate, and
(c) must permit the documents to be inspected at all reasonable times by persons who would be entitled to inspect them if they were not in the possession of the Market Monitor.
11 Confidential information
(1) If a person gives information (protected information) to the Market Monitor for a special review on the understanding that the information is confidential and will not be disclosed, the Market Monitor must ensure the information is not disclosed, except—
(a) with the consent of the person who provided the information, or
(b) to the extent that the Market Monitor is satisfied that the information is not confidential in nature.
(2) If the Market Monitor is satisfied that protected information given to the Market Monitor by a person needs to be disclosed in a report of a special review, and the exceptions in subsection (1) do not apply, the Market Monitor must—
(a) give the person written notice that the Market Monitor proposes to disclose the information in the report after the period specified in the notice, and
(b) consider an objection made by the person within the specified period.
(3) After the specified period, the Market Monitor may divulge the information in the report.
(4) A reference in this section to information includes information given at a meeting or hearing of the Market Monitor and information contained in documents given to the Market Monitor.
12 Offences
(1) A person must not, without reasonable excuse—
(a) refuse or fail to comply with a notice served under section 10, or
(b) refuse or fail to answer a question asked by the Chairperson at a meeting or hearing before the Market Monitor for the purposes of a special review.
Maximum penalty—100 penalty units.
(2) For subsection (1), it is a reasonable excuse that compliance with the notice or answering the question might tend to incriminate an individual or make the individual liable to a forfeiture or penalty.
(3) A person must not—
(a) give the Market Monitor, whether orally or in writing, information the person knows to be false or misleading in a material particular, unless the person informs the Market Monitor that the information is false or misleading, or
(b) at a meeting of or hearing before the Market Monitor, give evidence that the person knows to be false or misleading in a material particular.
Maximum penalty—100 penalty units.
(4) A person must not hinder, obstruct or interfere with the Chairperson or another member of the Market Monitor conducting or involved in a special review.
Maximum penalty—100 penalty units.
Part 3 Exemptions from National Law
13 Exemption of Essential Energy for sale and supply of electricity
(1) Essential Energy is exempted from the National Law in relation to the sale or supply of electricity to a customer under an existing retail contract.
(2) An exemption under this section ceases to have effect if the contract is varied unless the Minister determines, by written notice to Essential Energy, that the exemption extends to the sale or supply of electricity under the contract as varied.
(3) The provisions of the Electricity Supply Act 1995, and the regulations under that Act, as in force immediately before the amendment of that Act by the Energy Legislation Amendment (National Energy Retail Law) Act 2012, continue to apply to an existing retail contract entered into by Essential Energy if an exemption is in force under this section in relation to the contract.
(4) In this section—
existing retail contract means a negotiated customer supply contract, or a standard form customer supply contract, under the Electricity Supply Act 1995 that was in force between a small retail customer and a retailer immediately before 1 July 2013.
14 Exemption of Delta Power and Energy for BHP contract
(1) Delta Power and Energy is exempted from the National Law for the sale or supply of electricity under the BHP Port Kembla Slab and Plate Products Contract.
(2) An exemption under this section ceases to have effect if the BHP Port Kembla Slab and Plate Products Contract is varied unless the Minister determines, by written notice to Delta Power and Energy, that the exemption extends to the sale or supply of electricity under the contract as varied.
(3) In this section—
BHP Port Kembla Slab and Plate Products Contract means the contract between Delta Power and Energy and Bluescope Steel arising from the agreements between the parties, or their predecessors or successors in title, dated 24 May 1955, 27 November 1958 and 1 December 1969 and any variations of contract arising from the following—
(a) the Combined Port Kembla and Newcastle Supplementary Agreement No 1 between Delta Power and Energy, Bluescope Steel and BHP Group Limited (ACN 004 028 077) dated 19 June 1998,
(b) the Port Kembla Supplementary Deed No 1 dated 28 January 2004, and the Port Kembla Supplementary Deed No 1 dated 4 July 2008, between Delta Power and Energy and Bluescope Steel.
Bluescope Steel means Bluescope Steel (AIS) Pty Ltd (ACN 000 019 625).
Delta Power and Energy means Delta Power and Energy (Vales Point) Pty Ltd (ACN 162 696 335).
15 Exemption of AGL Macquarie for Tomago contract
(1) AGL Macquarie is exempted from the National Law for the sale or supply of electricity under the power supply agreement dated 23 January 1991 between AGL Macquarie, Tomago Aluminium Company Pty Ltd (ACN 001 862 228) and others.
(2) An exemption under this section ceases to have effect if the agreement is varied unless the Minister determines, by written notice to AGL Macquarie, that the exemption extends to the sale or supply of electricity under the agreement as varied.
(3) In this section—
AGL Macquarie means AGL Macquarie Pty Limited (ACN 167 859 494).
16 Exemption of Ausgrid for Kurri Kurri contract
(1) Ausgrid is exempted from the National Law in relation to the sale or supply of electricity under the electricity supply agreement dated 28 June 2002 between Ausgrid (ABN 78 508 211 731), formerly EnergyAustralia, and Hydro Aluminium Kurri Kurri Pty Ltd (ACN 093 266 221).
(2) An exemption under this section ceases to have effect if the agreement is varied unless the Minister determines, by written notice to Ausgrid, that the exemption extends to the sale or supply of electricity under the agreement as varied.
17 Exemption for small generating systems
A person is exempted from the National Law in relation to the sale or supply of electricity if—
(a) the electricity is generated by one or more generating systems owned or controlled by the person, and
(b) the generating systems supply electricity to a transmission or distribution system through a single connection point, or an electrically common
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