88Requirement for authorisation or exemption

88 Requirement for authorisation or exemption

88 Requirement for authorisation or exemption

(1) A person (the seller) must not, in this jurisdiction, engage in the activity of selling energy to a person for premises unless—

(a) the seller is the holder of a current retailer authorisation; or

(b) the seller is an exempt seller.

(2) Subsection (1) does not limit—

(a) in the case of the sale of electricity—any requirement under section 11(4) of the NEL relating to the purchasing of electricity through a wholesale exchange; or

(b) in the case of the sale of gas—

(i) any requirement under section 91LB of the NGL, as it applies to this jurisdiction in relation to a user (within the meaning of the NGL), to be registered (or exempted from registration) in this jurisdiction in order to participate in a regulated retail gas market; or

(ii) any requirement under section 91BJ of the NGL, as it applies in relation to a declared wholesale gas market, to be registered (or exempted from registration) in order to participate in that market and to sell gas to customers that has been transported through the relevant declared transmission system; or

(iii) any requirement under section 91BRD of the NGL, as it applies to a short term trading market, to be registered (or exempted from registration) in order to participate in that market.

(3) A person must not engage in an activity referred to in subsection (1) unless the person has complied with any requirement referred to in subsection (2) (to the extent that any such requirement applies in relation to the person) (but nothing in this subsection requires a requirement under subsection (2) to be satisfied before the AER may grant a retailer authorisation or confer an exemption under this Part).

Note—

This section is a civil penalty provision.

s 88: Am 2022 No 21, sec 7; 2023 No 36, sec 78.