sec.12Modification regulation-making power

### 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