Preliminary

sec.1 Short title

This Act may be cited as the National Energy Retail Law (Queensland) Act 2014 .

sec.2 Commencement

This Act commences on a day or days to be fixed by proclamation. Different days may be appointed under subsection (1) for the commencement of different provisions of the National Energy Retail Law set out in the Schedule to the South Australian Act. (sec.2-ssec.1) This Act commences on a day or days to be fixed by proclamation. (sec.2-ssec.2) Different days may be appointed under subsection (1) for the commencement of different provisions of the National Energy Retail Law set out in the Schedule to the South Australian Act.

sec.3 Interpretation

In this Act— commencement , for part 5 , see section 16 . Electricity Act , for part 5 , see section 16 . Gas Supply Act , for part 5 , see section 16 . National Energy Retail Law (Queensland) or NERL (Qld) means the provisions applying in Queensland because of section 4 . National Energy Retail Regulations (Queensland) or NER Regulations (Qld) means the provisions applying in Queensland because of section 5 . National Energy Retail Rules or Rules has the meaning given by the National Energy Retail Law (Queensland) . retailer , for part 5 , see section 16 . South Australian Act means the National Energy Retail Law (South Australia) Act 2011 (SA) . Terms used in this Act and also in the National Energy Retail Law set out in the Schedule to the South Australian Act have the same meanings in this Act as they have in that Law. This section does not apply to the extent that the context or subject matter otherwise indicates or requires. (sec.3-ssec.1) In this Act— commencement , for part 5 , see section 16 . Electricity Act , for part 5 , see section 16 . Gas Supply Act , for part 5 , see section 16 . National Energy Retail Law (Queensland) or NERL (Qld) means the provisions applying in Queensland because of section 4 . National Energy Retail Regulations (Queensland) or NER Regulations (Qld) means the provisions applying in Queensland because of section 5 . National Energy Retail Rules or Rules has the meaning given by the National Energy Retail Law (Queensland) . retailer , for part 5 , see section 16 . South Australian Act means the National Energy Retail Law (South Australia) Act 2011 (SA) . (sec.3-ssec.2) Terms used in this Act and also in the National Energy Retail Law set out in the Schedule to the South Australian Act have the same meanings in this Act as they have in that Law. (sec.3-ssec.3) This section does not apply to the extent that the context or subject matter otherwise indicates or requires.

Adoption of National Energy Retail Law

sec.4 Application of National Energy Retail Law

The National Energy Retail Law, as amended from time to time, set out in the Schedule to the South Australian Act— applies as a law of Queensland, with the modifications set out in the schedule to this Act or prescribed by regulation under section 12 ; and as so applying may be referred to as the National Energy Retail Law (Queensland) ; and so applies as if it were an Act.

• (a) applies as a law of Queensland, with the modifications set out in the schedule to this Act or prescribed by regulation under section 12 ; and
• (b) as so applying may be referred to as the National Energy Retail Law (Queensland) ; and
• (c) so applies as if it were an Act.

sec.5 Application of regulations under National Energy Retail Law

The regulations made under the National Energy Retail Law set out in the Schedule to the South Australian Act, as amended from time to time— apply as regulations in force for the purposes of the National Energy Retail Law (Queensland) , with the modifications prescribed by regulation under section 12 ; and as so applying may be referred to as the National Energy Retail Regulations (Queensland) .

• (a) apply as regulations in force for the purposes of the National Energy Retail Law (Queensland) , with the modifications prescribed by regulation under section 12 ; and
• (b) as so applying may be referred to as the National Energy Retail Regulations (Queensland) .

sec.6 Interpretation of particular expressions

In the National Energy Retail Law (Queensland) and the National Energy Retail Regulations (Queensland)— National Energy Retail Law or this Law means the National Energy Retail Law (Queensland) . this jurisdiction means Queensland.

sec.7 Exclusion of legislation of this jurisdiction and South Australia

The following Acts of this jurisdiction do not apply to the National Energy Retail Law (Queensland) or to the instruments made under that Law— the Acts Interpretation Act 1954 ; the Statutory Instruments Act 1992 . To remove any doubt, it is declared that— subsection (1) (a) does not limit the application of the Acts Interpretation Act 1954 to this Act or to instruments made under this Act; and subsection (1) (b) does not limit the application of the Statutory Instruments Act 1992 to instruments made under this Act. The Acts Interpretation Act 1915 , and other Acts, of South Australia do not apply to— the National Energy Retail Law set out in the Schedule to the South Australian Act in its application as a law of Queensland; or the regulations in force for the time being under the National Energy Retail Law set out in the Schedule to the South Australian Act in their application as regulations in force for the purposes of the National Energy Retail Law (Queensland) . (sec.7-ssec.1) The following Acts of this jurisdiction do not apply to the National Energy Retail Law (Queensland) or to the instruments made under that Law— the Acts Interpretation Act 1954 ; the Statutory Instruments Act 1992 . (sec.7-ssec.2) To remove any doubt, it is declared that— subsection (1) (a) does not limit the application of the Acts Interpretation Act 1954 to this Act or to instruments made under this Act; and subsection (1) (b) does not limit the application of the Statutory Instruments Act 1992 to instruments made under this Act. (sec.7-ssec.3) The Acts Interpretation Act 1915 , and other Acts, of South Australia do not apply to— the National Energy Retail Law set out in the Schedule to the South Australian Act in its application as a law of Queensland; or the regulations in force for the time being under the National Energy Retail Law set out in the Schedule to the South Australian Act in their application as regulations in force for the purposes of the National Energy Retail Law (Queensland) .

• (a) the Acts Interpretation Act 1954 ;
• (b) the Statutory Instruments Act 1992 .
• (a) subsection (1) (a) does not limit the application of the Acts Interpretation Act 1954 to this Act or to instruments made under this Act; and
• (b) subsection (1) (b) does not limit the application of the Statutory Instruments Act 1992 to instruments made under this Act.
• (a) the National Energy Retail Law set out in the Schedule to the South Australian Act in its application as a law of Queensland; or
• (b) the regulations in force for the time being under the National Energy Retail Law set out in the Schedule to the South Australian Act in their application as regulations in force for the purposes of the National Energy Retail Law (Queensland) .

sec.8 Tabling of national instruments enacted or made after commencement

This section applies to any of the following instruments enacted or made after the commencement of this section— an Act amending the National Energy Retail Law; a regulation made under the National Energy Retail Law; an instrument amending the National Energy Retail Rules. The instrument must be tabled in the Legislative Assembly within 10 sitting days after it is enacted or made. However failure to comply with subsection (2) does not affect the application of the National Energy Retail Law or instruments made under it as part of the law of Queensland. In this section— National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the South Australian Act. (sec.8-ssec.1) This section applies to any of the following instruments enacted or made after the commencement of this section— an Act amending the National Energy Retail Law; a regulation made under the National Energy Retail Law; an instrument amending the National Energy Retail Rules. (sec.8-ssec.2) The instrument must be tabled in the Legislative Assembly within 10 sitting days after it is enacted or made. (sec.8-ssec.3) However failure to comply with subsection (2) does not affect the application of the National Energy Retail Law or instruments made under it as part of the law of Queensland. (sec.8-ssec.4) In this section— National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the South Australian Act.

• (a) an Act amending the National Energy Retail Law;
• (b) a regulation made under the National Energy Retail Law;
• (c) an instrument amending the National Energy Retail Rules.

Related matters

sec.9 Conferral of functions and powers on Commonwealth bodies to act in this jurisdiction

A Commonwealth body has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Commonwealth body by the national energy retail legislation of another participating jurisdiction. In this section— Commonwealth body means— the AER; or the Tribunal. (sec.9-ssec.1) A Commonwealth body has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Commonwealth body by the national energy retail legislation of another participating jurisdiction. (sec.9-ssec.2) In this section— Commonwealth body means— the AER; or the Tribunal.

• (a) the AER; or
• (b) the Tribunal.

sec.10 Extension of reading-down provision

Section 320 of the National Energy Retail Law (Queensland) has effect in relation to the operation of any provision of this Act as if the provision formed part of that Law. Subsection (1) does not limit the effect that a provision of this Act would validly have apart from the subsection. (sec.10-ssec.1) Section 320 of the National Energy Retail Law (Queensland) has effect in relation to the operation of any provision of this Act as if the provision formed part of that Law. (sec.10-ssec.2) Subsection (1) does not limit the effect that a provision of this Act would validly have apart from the subsection.

sec.11 Regulation-making power for the National Energy Retail Law (Queensland)

The Governor in Council may make such regulations, including regulations constituting local instruments, as are contemplated as being made under this Act as the application Act of this jurisdiction by— the National Energy Retail Law set out in the Schedule to the South Australian Act; or the modifications of that Law set out in the schedule to this Act.

• (a) the National Energy Retail Law set out in the Schedule to the South Australian Act; or
• (b) the modifications of that Law set out in the schedule to this Act.

Miscellaneous

sec.12 Modification regulation-making power

The Governor in Council may, by regulation (a modification regulation ), modify any of the following— the National Energy Retail Law, as it applies as a law of Queensland; the Regulations in force for the time being under the National Energy Retail Law, to the extent they apply as regulations in force for the purposes of the National Energy Retail Law (Queensland) ; the National Energy Retail Rules in force under the National Energy Retail Law, to the extent they apply as rules in force for the purposes of the National Energy Retail Law (Queensland) . However, a modification regulation— may modify the Law mentioned in subsection (1) (a) only to make necessary or convenient changes, for giving effect to the operation of the Law in Queensland; and See the NERL (Qld) , section 8 (3) and (4) , as inserted by section 12 of the schedule to this Act, in relation to including editor’s notes about modifications to the Law. may modify the Regulations or Rules mentioned in subsection (1) (b) or (c) only for 1 or more of the following purposes— to make necessary or convenient changes for giving effect to the operation of the Regulations or Rules in Queensland; to make necessary or consequential changes arising from the modification of the National Energy Retail Law; for the Rules mentioned in subsection (1) (c) —to provide for matters of a savings or transitional nature for the transition from the operation of provisions of instruments under the Electricity Act 1994 or Gas Supply Act 2003 to the operation of provisions of the Rules. Without limiting subsection (2) (a) or (b) , it is declared that a change is necessary or convenient for giving effect to the operation of the Law mentioned in subsection (1) (a) , or the Regulations or the Rules mentioned in subsection (1) (b) or (c) , in Queensland if— for a change to the Law—the change is likely to prevent or minimise an adverse financial effect the operation of the Law in Queensland would, without modification, have had on a particular class of customers in Queensland; or customers who are Aboriginal peoples or Torres Strait Islander peoples, customers who are financially disadvantaged, customers who live in rural or remote areas for a change to the Regulations or the Rules— the change is likely to prevent or minimise an adverse financial effect the operation of the Regulations or the Rules in Queensland would, without modification, have had on— customers in Queensland; or a particular class of customers in Queensland; or the change is likely to give effect to the operation of the Regulations or Rules in a way that increases customer protection for customers in Queensland. a requirement for a retailer to obtain explicit informed consent of a customer for the entry by the customer into a customer retail contract Also, without limiting subsection (2) (b) , a modification regulation that modifies the Regulations or Rules mentioned in subsection (1) (b) or (c) may nominate an entity (the nominated entity ) other than the AER to be the Regulator for the modification. To the extent the AER would otherwise have had, but for subsection (3) , a function or power under the NERL (Qld) , the NER Regulations (Qld) or the Rules for monitoring, investigating or enforcing the modification, the nominated entity is taken to have the function or power. A modification regulation must declare it is a modification regulation. In this section— National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the South Australian Act. s 12 amd 2024 No. 15 s 187 (sec.12-ssec.1) The Governor in Council may, by regulation (a modification regulation ), modify any of the following— the National Energy Retail Law, as it applies as a law of Queensland; the Regulations in force for the time being under the National Energy Retail Law, to the extent they apply as regulations in force for the purposes of the National Energy Retail Law (Queensland) ; the National Energy Retail Rules in force under the National Energy Retail Law, to the extent they apply as rules in force for the purposes of the National Energy Retail Law (Queensland) . (sec.12-ssec.2) However, a modification regulation— may modify the Law mentioned in subsection (1) (a) only to make necessary or convenient changes, for giving effect to the operation of the Law in Queensland; and See the NERL (Qld) , section 8 (3) and (4) , as inserted by section 12 of the schedule to this Act, in relation to including editor’s notes about modifications to the Law. may modify the Regulations or Rules mentioned in subsection (1) (b) or (c) only for 1 or more of the following purposes— to make necessary or convenient changes for giving effect to the operation of the Regulations or Rules in Queensland; to make necessary or consequential changes arising from the modification of the National Energy Retail Law; for the Rules mentioned in subsection (1) (c) —to provide for matters of a savings or transitional nature for the transition from the operation of provisions of instruments under the Electricity Act 1994 or Gas Supply Act 2003 to the operation of provisions of the Rules. (sec.12-ssec.2A) Without limiting subsection (2) (a) or (b) , it is declared that a change is necessary or convenient for giving effect to the operation of the Law mentioned in subsection (1) (a) , or the Regulations or the Rules mentioned in subsection (1) (b) or (c) , in Queensland if— for a change to the Law—the change is likely to prevent or minimise an adverse financial effect the operation of the Law in Queensland would, without modification, have had on a particular class of customers in Queensland; or customers who are Aboriginal peoples or Torres Strait Islander peoples, customers who are financially disadvantaged, customers who live in rural or remote areas for a change to the Regulations or the Rules— the change is likely to prevent or minimise an adverse financial effect the operation of the Regulations or the Rules in Queensland would, without modification, have had on— customers in Queensland; or a particular class of customers in Queensland; or the change is likely to give effect to the operation of the Regulations or Rules in a way that increases customer protection for customers in Queensland. a requirement for a retailer to obtain explicit informed consent of a customer for the entry by the customer into a customer retail contract (sec.12-ssec.3) Also, without limiting subsection (2) (b) , a modification regulation that modifies the Regulations or Rules mentioned in subsection (1) (b) or (c) may nominate an entity (the nominated entity ) other than the AER to be the Regulator for the modification. (sec.12-ssec.4) To the extent the AER would otherwise have had, but for subsection (3) , a function or power under the NERL (Qld) , the NER Regulations (Qld) or the Rules for monitoring, investigating or enforcing the modification, the nominated entity is taken to have the function or power. (sec.12-ssec.5) A modification regulation must declare it is a modification regulation. (sec.12-ssec.7) In this section— National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the South Australian Act.

• (a) the National Energy Retail Law, as it applies as a law of Queensland;
• (b) the Regulations in force for the time being under the National Energy Retail Law, to the extent they apply as regulations in force for the purposes of the National Energy Retail Law (Queensland) ;
• (c) the National Energy Retail Rules in force under the National Energy Retail Law, to the extent they apply as rules in force for the purposes of the National Energy Retail Law (Queensland) .
• (a) may modify the Law mentioned in subsection (1) (a) only to make necessary or convenient changes, for giving effect to the operation of the Law in Queensland; and Editor’s note— See the NERL (Qld) , section 8 (3) and (4) , as inserted by section 12 of the schedule to this Act, in relation to including editor’s notes about modifications to the Law.
• (b) may modify the Regulations or Rules mentioned in subsection (1) (b) or (c) only for 1 or more of the following purposes— (i) to make necessary or convenient changes for giving effect to the operation of the Regulations or Rules in Queensland; (ii) to make necessary or consequential changes arising from the modification of the National Energy Retail Law; (iii) for the Rules mentioned in subsection (1) (c) —to provide for matters of a savings or transitional nature for the transition from the operation of provisions of instruments under the Electricity Act 1994 or Gas Supply Act 2003 to the operation of provisions of the Rules.
• (i) to make necessary or convenient changes for giving effect to the operation of the Regulations or Rules in Queensland;
• (ii) to make necessary or consequential changes arising from the modification of the National Energy Retail Law;
• (iii) for the Rules mentioned in subsection (1) (c) —to provide for matters of a savings or transitional nature for the transition from the operation of provisions of instruments under the Electricity Act 1994 or Gas Supply Act 2003 to the operation of provisions of the Rules.
• (i) to make necessary or convenient changes for giving effect to the operation of the Regulations or Rules in Queensland;
• (ii) to make necessary or consequential changes arising from the modification of the National Energy Retail Law;
• (iii) for the Rules mentioned in subsection (1) (c) —to provide for matters of a savings or transitional nature for the transition from the operation of provisions of instruments under the Electricity Act 1994 or Gas Supply Act 2003 to the operation of provisions of the Rules.
• (a) for a change to the Law—the change is likely to prevent or minimise an adverse financial effect the operation of the Law in Queensland would, without modification, have had on a particular class of customers in Queensland; or Examples of classes of customers— customers who are Aboriginal peoples or Torres Strait Islander peoples, customers who are financially disadvantaged, customers who live in rural or remote areas
• (b) for a change to the Regulations or the Rules— (i) the change is likely to prevent or minimise an adverse financial effect the operation of the Regulations or the Rules in Queensland would, without modification, have had on— (A) customers in Queensland; or (B) a particular class of customers in Queensland; or (ii) the change is likely to give effect to the operation of the Regulations or Rules in a way that increases customer protection for customers in Queensland. Example of increased customer protection— a requirement for a retailer to obtain explicit informed consent of a customer for the entry by the customer into a customer retail contract
• (i) the change is likely to prevent or minimise an adverse financial effect the operation of the Regulations or the Rules in Queensland would, without modification, have had on— (A) customers in Queensland; or (B) a particular class of customers in Queensland; or
• (A) customers in Queensland; or
• (B) a particular class of customers in Queensland; or
• (ii) the change is likely to give effect to the operation of the Regulations or Rules in a way that increases customer protection for customers in Queensland. Example of increased customer protection— a requirement for a retailer to obtain explicit informed consent of a customer for the entry by the customer into a customer retail contract
• (i) the change is likely to prevent or minimise an adverse financial effect the operation of the Regulations or the Rules in Queensland would, without modification, have had on— (A) customers in Queensland; or (B) a particular class of customers in Queensland; or
• (A) customers in Queensland; or
• (B) a particular class of customers in Queensland; or
• (ii) the change is likely to give effect to the operation of the Regulations or Rules in a way that increases customer protection for customers in Queensland. Example of increased customer protection— a requirement for a retailer to obtain explicit informed consent of a customer for the entry by the customer into a customer retail contract
• (A) customers in Queensland; or
• (B) a particular class of customers in Queensland; or

sec.13 Validation of instruments and decisions made by AER

This section applies to an instrument or decision made by the AER if— the instrument or decision was made— at or after the time the South Australian Act was enacted; but before the time (the application time ) the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland; and had that Law started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law )— the National Energy Retail Law (Queensland) ; the National Energy Retail Regulations (Queensland) ; this Act; a regulation under this Act; and if the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if that Law had started so to apply, be required under the authorising law for the instrument or decision to be so authorised. For the purposes of the authorising law— the instrument or decision is taken to be valid; and the instrument or decision has effect from the application time— as varied, and unless revoked, by any other instrument or decision to which this section applies; and subject to that law as so applying. For this section— guidelines are an example of an instrument; and the following are examples of decisions— appointments; determinations; approvals. (sec.13-ssec.1) This section applies to an instrument or decision made by the AER if— the instrument or decision was made— at or after the time the South Australian Act was enacted; but before the time (the application time ) the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland; and had that Law started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law )— the National Energy Retail Law (Queensland) ; the National Energy Retail Regulations (Queensland) ; this Act; a regulation under this Act; and if the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if that Law had started so to apply, be required under the authorising law for the instrument or decision to be so authorised. (sec.13-ssec.2) For the purposes of the authorising law— the instrument or decision is taken to be valid; and the instrument or decision has effect from the application time— as varied, and unless revoked, by any other instrument or decision to which this section applies; and subject to that law as so applying. (sec.13-ssec.3) For this section— guidelines are an example of an instrument; and the following are examples of decisions— appointments; determinations; approvals.

• (a) the instrument or decision was made— (i) at or after the time the South Australian Act was enacted; but (ii) before the time (the application time ) the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland; and
• (i) at or after the time the South Australian Act was enacted; but
• (ii) before the time (the application time ) the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland; and
• (b) had that Law started so to apply, the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law )— (i) the National Energy Retail Law (Queensland) ; (ii) the National Energy Retail Regulations (Queensland) ; (iii) this Act; (iv) a regulation under this Act; and
• (i) the National Energy Retail Law (Queensland) ;
• (ii) the National Energy Retail Regulations (Queensland) ;
• (iii) this Act;
• (iv) a regulation under this Act; and
• (c) if the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if that Law had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.
• (i) at or after the time the South Australian Act was enacted; but
• (ii) before the time (the application time ) the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland; and
• (i) the National Energy Retail Law (Queensland) ;
• (ii) the National Energy Retail Regulations (Queensland) ;
• (iii) this Act;
• (iv) a regulation under this Act; and
• (a) the instrument or decision is taken to be valid; and
• (b) the instrument or decision has effect from the application time— (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and (ii) subject to that law as so applying.
• (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and
• (ii) subject to that law as so applying.
• (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and
• (ii) subject to that law as so applying.
• (a) guidelines are an example of an instrument; and
• (b) the following are examples of decisions— (i) appointments; (ii) determinations; (iii) approvals.
• (i) appointments;
• (ii) determinations;
• (iii) approvals.
• (i) appointments;
• (ii) determinations;
• (iii) approvals.

sec.14 Authorisation of preparatory steps by AER

This section applies if— the AER is required to do something (a preparatory step ) before making a decision or making an instrument under 1 of the following (the authorising law )— the National Energy Retail Law (Queensland) ; the National Energy Retail Regulations (Queensland) ; this Act; a regulation under this Act; and the AER takes the preparatory step— at or after the time the South Australian Act was enacted; but before the time the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland. For the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step. (sec.14-ssec.1) This section applies if— the AER is required to do something (a preparatory step ) before making a decision or making an instrument under 1 of the following (the authorising law )— the National Energy Retail Law (Queensland) ; the National Energy Retail Regulations (Queensland) ; this Act; a regulation under this Act; and the AER takes the preparatory step— at or after the time the South Australian Act was enacted; but before the time the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland. (sec.14-ssec.2) For the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.

• (a) the AER is required to do something (a preparatory step ) before making a decision or making an instrument under 1 of the following (the authorising law )— (i) the National Energy Retail Law (Queensland) ; (ii) the National Energy Retail Regulations (Queensland) ; (iii) this Act; (iv) a regulation under this Act; and
• (i) the National Energy Retail Law (Queensland) ;
• (ii) the National Energy Retail Regulations (Queensland) ;
• (iii) this Act;
• (iv) a regulation under this Act; and
• (b) the AER takes the preparatory step— (i) at or after the time the South Australian Act was enacted; but (ii) before the time the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland.
• (i) at or after the time the South Australian Act was enacted; but
• (ii) before the time the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland.
• (i) the National Energy Retail Law (Queensland) ;
• (ii) the National Energy Retail Regulations (Queensland) ;
• (iii) this Act;
• (iv) a regulation under this Act; and
• (i) at or after the time the South Australian Act was enacted; but
• (ii) before the time the National Energy Retail Law set out in the Schedule to the South Australian Act first started to apply under this Act as a law of Queensland.

sec.15 Review

The Minister must review the operation of the National Energy Retail Law in Queensland no later than 1 January 2018. The review— must focus on the impact of the National Energy Retail Law, including the modifications prescribed by regulation under section 12 , on consumers of energy and whether the implementation of the Law has— resulted in increased efficiencies; or adversely affected customer protection in pursuit of national consistency; and may address other matters the Minister considers appropriate. The Minister may ask the Queensland Competition Authority to conduct the review on behalf of the Minister. The Minister must, as soon as practicable after the review is completed, table a report about the outcome of the review in the Legislative Assembly. In this section— National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the South Australian Act. Queensland Competition Authority means the Queensland Competition Authority established under the Queensland Competition Authority Act 1997 , section 7 . (sec.15-ssec.1) The Minister must review the operation of the National Energy Retail Law in Queensland no later than 1 January 2018. (sec.15-ssec.2) The review— must focus on the impact of the National Energy Retail Law, including the modifications prescribed by regulation under section 12 , on consumers of energy and whether the implementation of the Law has— resulted in increased efficiencies; or adversely affected customer protection in pursuit of national consistency; and may address other matters the Minister considers appropriate. (sec.15-ssec.3) The Minister may ask the Queensland Competition Authority to conduct the review on behalf of the Minister. (sec.15-ssec.4) The Minister must, as soon as practicable after the review is completed, table a report about the outcome of the review in the Legislative Assembly. (sec.15-ssec.5) In this section— National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the South Australian Act. Queensland Competition Authority means the Queensland Competition Authority established under the Queensland Competition Authority Act 1997 , section 7 .

• (a) must focus on the impact of the National Energy Retail Law, including the modifications prescribed by regulation under section 12 , on consumers of energy and whether the implementation of the Law has— (i) resulted in increased efficiencies; or (ii) adversely affected customer protection in pursuit of national consistency; and
• (i) resulted in increased efficiencies; or
• (ii) adversely affected customer protection in pursuit of national consistency; and
• (b) may address other matters the Minister considers appropriate.
• (i) resulted in increased efficiencies; or
• (ii) adversely affected customer protection in pursuit of national consistency; and

Transitional provisions

sec.16 Definitions for pt 5

In this part— commencement means the day this section commences. Electricity Act means the Electricity Act 1994 . Gas Supply Act means the Gas Supply Act 2003 . Origin Energy means Origin Energy Electricity Limited ACN 071 052 287. retailer — means a person who is a retailer under the NERL (Qld); and includes an entity that, under the NER Regulations (Qld), is taken to be a retailer under the NERL (Qld).

• (a) means a person who is a retailer under the NERL (Qld); and
• (b) includes an entity that, under the NER Regulations (Qld), is taken to be a retailer under the NERL (Qld).

sec.17 Exempt sellers under the NER Regulations (Qld)

This section applies to— the exempt seller exemption that, under the NER Regulations (Qld), is taken to be held by the Maranoa Regional Council; and the exempt seller exemption that, under the NER Regulations (Qld), is taken to be held by the Western Downs Regional Council. Each exempt seller exemption is, from the commencement until the AER varies or revokes the exemption, subject to the conditions prescribed by regulation under this Act. The AER may, under the NERL (Qld), deal with an exempt seller exemption applying under subsection (2) in the same way the AER may, under that Law, deal with an exemption granted under section 110 of that Law. In this section— exempt seller exemption means an exemption under the NERL (Qld), Part 5, Division 6. (sec.17-ssec.1) This section applies to— the exempt seller exemption that, under the NER Regulations (Qld), is taken to be held by the Maranoa Regional Council; and the exempt seller exemption that, under the NER Regulations (Qld), is taken to be held by the Western Downs Regional Council. (sec.17-ssec.2) Each exempt seller exemption is, from the commencement until the AER varies or revokes the exemption, subject to the conditions prescribed by regulation under this Act. (sec.17-ssec.3) The AER may, under the NERL (Qld), deal with an exempt seller exemption applying under subsection (2) in the same way the AER may, under that Law, deal with an exemption granted under section 110 of that Law. (sec.17-ssec.4) In this section— exempt seller exemption means an exemption under the NERL (Qld), Part 5, Division 6.

• (a) the exempt seller exemption that, under the NER Regulations (Qld), is taken to be held by the Maranoa Regional Council; and
• (b) the exempt seller exemption that, under the NER Regulations (Qld), is taken to be held by the Western Downs Regional Council.

sec.18 Other exempt sellers

On the commencement, each generation authority (retail) holder and each special approval (retail) holder is taken to hold an exemption for electricity for the NERL (Qld) (a transitional exemption ). A transitional exemption stops applying 1 year after the commencement. In this section— generation authority (retail) holder means the holder of a generation authority under the Electricity Act that, immediately before the commencement, authorised the sale of electricity. special approval (retail) holder — means the holder of a special approval under the Electricity Act that, immediately before the commencement, authorised the sale of electricity; but does not include— Origin Energy in relation to special approval no. SA02/11; or the holder of licence no. 960, issued under the Gladstone Power Station Agreement Act 1993 , section 13. (sec.18-ssec.1) On the commencement, each generation authority (retail) holder and each special approval (retail) holder is taken to hold an exemption for electricity for the NERL (Qld) (a transitional exemption ). (sec.18-ssec.2) A transitional exemption stops applying 1 year after the commencement. (sec.18-ssec.3) In this section— generation authority (retail) holder means the holder of a generation authority under the Electricity Act that, immediately before the commencement, authorised the sale of electricity. special approval (retail) holder — means the holder of a special approval under the Electricity Act that, immediately before the commencement, authorised the sale of electricity; but does not include— Origin Energy in relation to special approval no. SA02/11; or the holder of licence no. 960, issued under the Gladstone Power Station Agreement Act 1993 , section 13.

• (a) means the holder of a special approval under the Electricity Act that, immediately before the commencement, authorised the sale of electricity; but
• (b) does not include— (i) Origin Energy in relation to special approval no. SA02/11; or (ii) the holder of licence no. 960, issued under the Gladstone Power Station Agreement Act 1993 , section 13.
• (i) Origin Energy in relation to special approval no. SA02/11; or
• (ii) the holder of licence no. 960, issued under the Gladstone Power Station Agreement Act 1993 , section 13.
• (i) Origin Energy in relation to special approval no. SA02/11; or
• (ii) the holder of licence no. 960, issued under the Gladstone Power Station Agreement Act 1993 , section 13.

sec.19 Customer retail contracts—standard retail contracts for small customers

This section applies if, immediately before the commencement, a small customer and a retailer were parties to a pre-NERL standard retail contract for the provision of customer retail services (the relevant services ). On the commencement, the pre-NERL standard retail contract is replaced with a contract between the small customer and retailer in the form of the retailer’s NERL standard retail contract for the provision of the relevant services at— in the case of electricity—the retailer’s standing offer prices; or in the case of gas—the tariffs and charges the retailer charged the customer for or in connection with the provision of the relevant services to the customer immediately before the commencement. Subsection (2) applies despite the NERL (Qld), section 26, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a standard retail contract formed under the NERL (Qld). In this section— NERL standard retail contract , for a retailer, means— for premises at which customer retail services are provided other than by using a card-operated meter—the retailer’s form of standard retail contract under the NERL (Qld), section 25; or for premises at which customer retail services are provided by using a card-operated meter—the retailer’s form of standard retail contract under the NERL (Qld), section 25 consistent with the model terms and conditions applying to standard retail contracts for selling electricity to a small customer using a card-operated meter. See the NERL (Qld), section 60A for the model terms and conditions applying to standard retail contracts for selling electricity to a small customer using a card-operated meter. pre-NERL standard retail contract means— a standard retail contract or standard large customer retail contract under the Electricity Act as in force before the commencement; or a standard retail contract under the Gas Supply Act as in force before the commencement. (sec.19-ssec.1) This section applies if, immediately before the commencement, a small customer and a retailer were parties to a pre-NERL standard retail contract for the provision of customer retail services (the relevant services ). (sec.19-ssec.2) On the commencement, the pre-NERL standard retail contract is replaced with a contract between the small customer and retailer in the form of the retailer’s NERL standard retail contract for the provision of the relevant services at— in the case of electricity—the retailer’s standing offer prices; or in the case of gas—the tariffs and charges the retailer charged the customer for or in connection with the provision of the relevant services to the customer immediately before the commencement. (sec.19-ssec.3) Subsection (2) applies despite the NERL (Qld), section 26, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a standard retail contract formed under the NERL (Qld). (sec.19-ssec.4) In this section— NERL standard retail contract , for a retailer, means— for premises at which customer retail services are provided other than by using a card-operated meter—the retailer’s form of standard retail contract under the NERL (Qld), section 25; or for premises at which customer retail services are provided by using a card-operated meter—the retailer’s form of standard retail contract under the NERL (Qld), section 25 consistent with the model terms and conditions applying to standard retail contracts for selling electricity to a small customer using a card-operated meter. See the NERL (Qld), section 60A for the model terms and conditions applying to standard retail contracts for selling electricity to a small customer using a card-operated meter. pre-NERL standard retail contract means— a standard retail contract or standard large customer retail contract under the Electricity Act as in force before the commencement; or a standard retail contract under the Gas Supply Act as in force before the commencement.

• (a) in the case of electricity—the retailer’s standing offer prices; or
• (b) in the case of gas—the tariffs and charges the retailer charged the customer for or in connection with the provision of the relevant services to the customer immediately before the commencement.
• (a) for premises at which customer retail services are provided other than by using a card-operated meter—the retailer’s form of standard retail contract under the NERL (Qld), section 25; or
• (b) for premises at which customer retail services are provided by using a card-operated meter—the retailer’s form of standard retail contract under the NERL (Qld), section 25 consistent with the model terms and conditions applying to standard retail contracts for selling electricity to a small customer using a card-operated meter. Note— See the NERL (Qld), section 60A for the model terms and conditions applying to standard retail contracts for selling electricity to a small customer using a card-operated meter.
• (a) a standard retail contract or standard large customer retail contract under the Electricity Act as in force before the commencement; or
• (b) a standard retail contract under the Gas Supply Act as in force before the commencement.

sec.20 Customer retail contracts—negotiated retail contracts for small customers

This section applies if, immediately before the commencement, a small customer and a retailer were parties to a pre-NERL negotiated retail contract. On the commencement, the contract becomes a NERL market retail contract between the small customer and retailer on the terms and conditions of the contract immediately before the commencement. However, if the terms and conditions of the pre-NERL negotiated retail contract are inconsistent with the minimum requirements set out in the Rules that are to apply in relation to the terms and conditions of market retail contracts, subsection (2) applies subject to the NERL (Qld), section 34(2). The NERL (Qld) applies to the contract. In this section— NERL market retail contract means a market retail contract under the NERL (Qld), section 33. pre-NERL negotiated retail contract means— a negotiated retail contract under the Electricity Act as in force before the commencement; or a negotiated retail contract under the Gas Supply Act as in force before the commencement. (sec.20-ssec.1) This section applies if, immediately before the commencement, a small customer and a retailer were parties to a pre-NERL negotiated retail contract. (sec.20-ssec.2) On the commencement, the contract becomes a NERL market retail contract between the small customer and retailer on the terms and conditions of the contract immediately before the commencement. (sec.20-ssec.3) However, if the terms and conditions of the pre-NERL negotiated retail contract are inconsistent with the minimum requirements set out in the Rules that are to apply in relation to the terms and conditions of market retail contracts, subsection (2) applies subject to the NERL (Qld), section 34(2). (sec.20-ssec.4) The NERL (Qld) applies to the contract. (sec.20-ssec.5) In this section— NERL market retail contract means a market retail contract under the NERL (Qld), section 33. pre-NERL negotiated retail contract means— a negotiated retail contract under the Electricity Act as in force before the commencement; or a negotiated retail contract under the Gas Supply Act as in force before the commencement.

• (a) a negotiated retail contract under the Electricity Act as in force before the commencement; or
• (b) a negotiated retail contract under the Gas Supply Act as in force before the commencement.

sec.21 Customer retail contracts—standard retail contracts between particular small customers and Origin Energy

This section applies if, immediately before the commencement, a small customer and Origin Energy were parties to an arrangement for the provision of customer retail services to the small customer’s premises under special approval no. SA02/11. The arrangement is, on the commencement, replaced with a contract between the small customer and Origin Energy in the form of Origin Energy’s form of standard retail contract under the NERL (Qld), section 25 for the provision of the customer retail services at the retailer’s standing offer prices. Subsection (2) applies despite the NERL (Qld), section 26, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a standard retail contract formed under the NERL (Qld). (sec.21-ssec.1) This section applies if, immediately before the commencement, a small customer and Origin Energy were parties to an arrangement for the provision of customer retail services to the small customer’s premises under special approval no. SA02/11. (sec.21-ssec.2) The arrangement is, on the commencement, replaced with a contract between the small customer and Origin Energy in the form of Origin Energy’s form of standard retail contract under the NERL (Qld), section 25 for the provision of the customer retail services at the retailer’s standing offer prices. (sec.21-ssec.3) Subsection (2) applies despite the NERL (Qld), section 26, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a standard retail contract formed under the NERL (Qld).

sec.22 Customer retail contracts—standard retail contracts for particular large customers

This section applies if— for a large customer’s premises, a retailer is— if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer; or See the NERL (Qld), section 11(3). if there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises; and immediately before the commencement, the large customer and the retailer were parties to a pre-NERL large customer standard retail contract for the provision of customer retail services to the premises (the relevant services ). If, on the commencement, the retailer is an assigned retailer, the pre-NERL large customer standard retail contract is replaced with a contract between the large customer and the retailer in the form of the retailer’s NERL large customer standard retail contract for the provision of the relevant services at the retailer’s notified prices. Subsection (2) applies despite the NERL (Qld), section 64E, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a large customer standard retail contract formed under the NERL (Qld). If, on the commencement, the retailer is not an assigned retailer, the pre-NERL large customer standard retail contract continues as a contract for the provision of the relevant services on the same terms and conditions applying immediately before the commencement. In this section— assigned retailer means an assigned retailer under the NERL (Qld), section 2(1). NERL large customer standard retail contract , for an assigned retailer, means a contract in the form of the retailer’s large customer standard retail contract under the NERL (Qld). notified prices , for an assigned retailer, means the notified prices applying to the retailer under the Electricity Act, section 90(4). pre-NERL large customer standard retail contract means a standard large customer retail contract under the Electricity Act as in force before the commencement. (sec.22-ssec.1) This section applies if— for a large customer’s premises, a retailer is— if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer; or See the NERL (Qld), section 11(3). if there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises; and immediately before the commencement, the large customer and the retailer were parties to a pre-NERL large customer standard retail contract for the provision of customer retail services to the premises (the relevant services ). (sec.22-ssec.2) If, on the commencement, the retailer is an assigned retailer, the pre-NERL large customer standard retail contract is replaced with a contract between the large customer and the retailer in the form of the retailer’s NERL large customer standard retail contract for the provision of the relevant services at the retailer’s notified prices. (sec.22-ssec.3) Subsection (2) applies despite the NERL (Qld), section 64E, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a large customer standard retail contract formed under the NERL (Qld). (sec.22-ssec.4) If, on the commencement, the retailer is not an assigned retailer, the pre-NERL large customer standard retail contract continues as a contract for the provision of the relevant services on the same terms and conditions applying immediately before the commencement. (sec.22-ssec.5) In this section— assigned retailer means an assigned retailer under the NERL (Qld), section 2(1). NERL large customer standard retail contract , for an assigned retailer, means a contract in the form of the retailer’s large customer standard retail contract under the NERL (Qld). notified prices , for an assigned retailer, means the notified prices applying to the retailer under the Electricity Act, section 90(4). pre-NERL large customer standard retail contract means a standard large customer retail contract under the Electricity Act as in force before the commencement.

• (a) for a large customer’s premises, a retailer is— (i) if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer; or Note— See the NERL (Qld), section 11(3). (ii) if there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises; and
• (i) if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer; or Note— See the NERL (Qld), section 11(3).
• (ii) if there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises; and
• (b) immediately before the commencement, the large customer and the retailer were parties to a pre-NERL large customer standard retail contract for the provision of customer retail services to the premises (the relevant services ).
• (i) if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer; or Note— See the NERL (Qld), section 11(3).
• (ii) if there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises; and

sec.23 Customer retail contracts—standard retail contracts between particular large customers and Origin Energy

This section applies if, immediately before the commencement, a large customer and Origin Energy were parties to an arrangement for the provision of customer retail services to the large customer’s premises under special approval no. SA02/11. The arrangement is, on the commencement, replaced with a contract between the large customer and Origin Energy in the form of Origin Energy’s large customer standard retail contract under the NERL (Qld) for the provision of the customer retail services at the notified prices. Subsection (2) applies despite the NERL (Qld), section 64N, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a large customer standard retail contract, formed under the NERL (Qld), for the supply of electricity on a distribution system of Essential Energy ABN 37 428 185 226. In this section— notified prices means the notified prices applying to Origin Energy under the Electricity Act, section 90(4). (sec.23-ssec.1) This section applies if, immediately before the commencement, a large customer and Origin Energy were parties to an arrangement for the provision of customer retail services to the large customer’s premises under special approval no. SA02/11. (sec.23-ssec.2) The arrangement is, on the commencement, replaced with a contract between the large customer and Origin Energy in the form of Origin Energy’s large customer standard retail contract under the NERL (Qld) for the provision of the customer retail services at the notified prices. (sec.23-ssec.3) Subsection (2) applies despite the NERL (Qld), section 64N, but otherwise the NERL (Qld) applies to the contract in the same way as it applies to a large customer standard retail contract, formed under the NERL (Qld), for the supply of electricity on a distribution system of Essential Energy ABN 37 428 185 226. (sec.23-ssec.4) In this section— notified prices means the notified prices applying to Origin Energy under the Electricity Act, section 90(4).

sec.24 Payment plans

This section applies to an instalment plan between a retailer and a residential customer entered into under an industry code and in effect immediately before the commencement (the existing instalment plan ). On the commencement, the existing instalment plan becomes a payment plan under the NERL (Qld), Part 2, Division 7. In this section— industry code means— an industry code under the Electricity Act as in force before the commencement; or an industry code under the Gas Supply Act as in force before the commencement. (sec.24-ssec.1) This section applies to an instalment plan between a retailer and a residential customer entered into under an industry code and in effect immediately before the commencement (the existing instalment plan ). (sec.24-ssec.2) On the commencement, the existing instalment plan becomes a payment plan under the NERL (Qld), Part 2, Division 7. (sec.24-ssec.3) In this section— industry code means— an industry code under the Electricity Act as in force before the commencement; or an industry code under the Gas Supply Act as in force before the commencement.

• (a) an industry code under the Electricity Act as in force before the commencement; or
• (b) an industry code under the Gas Supply Act as in force before the commencement.

sec.25 Customer connection contracts—standard connection contracts

This section applies if, immediately before the commencement, a customer who owns or occupies premises and a distributor were parties to a pre-NERL standard connection contract for the premises (the relevant premises ). On the commencement, the pre-NERL standard connection contract is replaced with a contract between the customer and distributor in the form of the distributor’s NERL standard connection contract. See the Electricity Act, section 346 for the connection of the premises. The NERL (Qld) applies to the contract in the same way as it applies to a NERL standard connection contract for a distributor. In this section— NERL standard connection contract , for a distributor, means— if the distributor has a deemed AER approved standard connection contract under the NERL (Qld), section 75 and the customer falls within at least 1 of the classes to which the contract applies—the form of the deemed AER approved standard connection contract; or otherwise—the form of the distributor’s deemed standard connection contract under the NERL (Qld), section 69. pre-NERL standard connection contract means a standard connection contract under the Electricity Act as in force before the commencement. (sec.25-ssec.1) This section applies if, immediately before the commencement, a customer who owns or occupies premises and a distributor were parties to a pre-NERL standard connection contract for the premises (the relevant premises ). (sec.25-ssec.2) On the commencement, the pre-NERL standard connection contract is replaced with a contract between the customer and distributor in the form of the distributor’s NERL standard connection contract. See the Electricity Act, section 346 for the connection of the premises. (sec.25-ssec.3) The NERL (Qld) applies to the contract in the same way as it applies to a NERL standard connection contract for a distributor. (sec.25-ssec.4) In this section— NERL standard connection contract , for a distributor, means— if the distributor has a deemed AER approved standard connection contract under the NERL (Qld), section 75 and the customer falls within at least 1 of the classes to which the contract applies—the form of the deemed AER approved standard connection contract; or otherwise—the form of the distributor’s deemed standard connection contract under the NERL (Qld), section 69. pre-NERL standard connection contract means a standard connection contract under the Electricity Act as in force before the commencement.

• (a) if the distributor has a deemed AER approved standard connection contract under the NERL (Qld), section 75 and the customer falls within at least 1 of the classes to which the contract applies—the form of the deemed AER approved standard connection contract; or
• (b) otherwise—the form of the distributor’s deemed standard connection contract under the NERL (Qld), section 69.

sec.26 Customer connection contracts—negotiated connection contracts for small customers

This section applies if, immediately before the commencement, a small customer and a distributor were parties to a pre-NERL negotiated connection contract. On the commencement, the contract becomes a NERL negotiated connection contract on the terms and conditions of the contract immediately before the commencement. The NERL (Qld), other than section 78(1) and (2), applies to the contract. In this section— NERL negotiated connection contract means a negotiated connection contract under the NERL (Qld), section 78. pre-NERL negotiated connection contract means— a negotiated connection contract under the Electricity Act as in force before the commencement; or a connection contract under the Gas Supply Act as in force before the commencement. (sec.26-ssec.1) This section applies if, immediately before the commencement, a small customer and a distributor were parties to a pre-NERL negotiated connection contract. (sec.26-ssec.2) On the commencement, the contract becomes a NERL negotiated connection contract on the terms and conditions of the contract immediately before the commencement. (sec.26-ssec.3) The NERL (Qld), other than section 78(1) and (2), applies to the contract. (sec.26-ssec.4) In this section— NERL negotiated connection contract means a negotiated connection contract under the NERL (Qld), section 78. pre-NERL negotiated connection contract means— a negotiated connection contract under the Electricity Act as in force before the commencement; or a connection contract under the Gas Supply Act as in force before the commencement.

• (a) a negotiated connection contract under the Electricity Act as in force before the commencement; or
• (b) a connection contract under the Gas Supply Act as in force before the commencement.

sec.27 Customer connection contracts—negotiated connection contracts for large customers

To remove any doubt, it is declared that the NERL (Qld) does not affect a pre-NERL negotiated connection contract entered into between a large customer and a distributor or any rights or liabilities accrued under it. In this section— pre-NERL negotiated connection contract means— a negotiated connection contract under the Electricity Act as in force before the commencement; or a connection contract under the Gas Supply Act as in force before the commencement. (sec.27-ssec.1) To remove any doubt, it is declared that the NERL (Qld) does not affect a pre-NERL negotiated connection contract entered into between a large customer and a distributor or any rights or liabilities accrued under it. (sec.27-ssec.2) In this section— pre-NERL negotiated connection contract means— a negotiated connection contract under the Electricity Act as in force before the commencement; or a connection contract under the Gas Supply Act as in force before the commencement.

• (a) a negotiated connection contract under the Electricity Act as in force before the commencement; or
• (b) a connection contract under the Gas Supply Act as in force before the commencement.

sec.28 Provision of information and assistance by Queensland regulator

Despite any other Act or law, a Queensland regulator is authorised, on its own initiative or at the request of the AER— to provide the AER with information (including information given in confidence) in the possession or control of the regulator reasonably required by the AER for this part or the NERL (Qld); and to provide the AER with other assistance reasonably required by the AER to perform a function, or exercise a power, under this part or the NERL (Qld). Despite any other Act or law, a Queensland regulator may authorise the AER to disclose information provided under subsection (1) even if the information was given to the regulator in confidence. Nothing done, or authorised to be done, by a Queensland regulator in acting under subsection (1) or (2)— constitutes a breach of, or default under, an Act or other law; or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or constitutes a civil or criminal wrong; or terminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or releases a surety or any other obligee wholly or in part from an obligation. In this section— Queensland regulator means— the regulator under the Electricity Act; or the regulator under the Gas Supply Act; or the Queensland Competition Authority established under the Queensland Competition Authority Act 1997 , section 7. (sec.28-ssec.1) Despite any other Act or law, a Queensland regulator is authorised, on its own initiative or at the request of the AER— to provide the AER with information (including information given in confidence) in the possession or control of the regulator reasonably required by the AER for this part or the NERL (Qld); and to provide the AER with other assistance reasonably required by the AER to perform a function, or exercise a power, under this part or the NERL (Qld). (sec.28-ssec.2) Despite any other Act or law, a Queensland regulator may authorise the AER to disclose information provided under subsection (1) even if the information was given to the regulator in confidence. (sec.28-ssec.3) Nothing done, or authorised to be done, by a Queensland regulator in acting under subsection (1) or (2)— constitutes a breach of, or default under, an Act or other law; or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or constitutes a civil or criminal wrong; or terminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or releases a surety or any other obligee wholly or in part from an obligation. (sec.28-ssec.4) In this section— Queensland regulator means— the regulator under the Electricity Act; or the regulator under the Gas Supply Act; or the Queensland Competition Authority established under the Queensland Competition Authority Act 1997 , section 7.

• (a) to provide the AER with information (including information given in confidence) in the possession or control of the regulator reasonably required by the AER for this part or the NERL (Qld); and
• (b) to provide the AER with other assistance reasonably required by the AER to perform a function, or exercise a power, under this part or the NERL (Qld).
• (a) constitutes a breach of, or default under, an Act or other law; or
• (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
• (c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or
• (d) constitutes a civil or criminal wrong; or
• (e) terminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or
• (f) releases a surety or any other obligee wholly or in part from an obligation.
• (a) the regulator under the Electricity Act; or
• (b) the regulator under the Gas Supply Act; or
• (c) the Queensland Competition Authority established under the Queensland Competition Authority Act 1997 , section 7.

sec.29 Transitional regulation-making power

The Governor in Council may make a regulation (a transitional regulation ) providing for any matters of a saving or transitional nature for which it is necessary to make provision to allow or facilitate the change from the operation of the Electricity Act or Gas Supply Act, as in force before the commencement, to the operation of the NERL (Qld). A transitional regulation may have retrospective operation to a day not earlier than the commencement. A transitional regulation must declare it is a transitional regulation. A transitional regulation expires 3 years after the day the regulation commences. The Acts Interpretation Act 1954 , section 20A, as applied by the Statutory Instruments Act 1992 , section 14, applies for the expiry. (sec.29-ssec.1) The Governor in Council may make a regulation (a transitional regulation ) providing for any matters of a saving or transitional nature for which it is necessary to make provision to allow or facilitate the change from the operation of the Electricity Act or Gas Supply Act, as in force before the commencement, to the operation of the NERL (Qld). (sec.29-ssec.2) A transitional regulation may have retrospective operation to a day not earlier than the commencement. (sec.29-ssec.3) A transitional regulation must declare it is a transitional regulation. (sec.29-ssec.4) A transitional regulation expires 3 years after the day the regulation commences. (sec.29-ssec.5) The Acts Interpretation Act 1954 , section 20A, as applied by the Statutory Instruments Act 1992 , section 14, applies for the expiry.