National Energy Retail Law (Queensland)
sec.115Exempt seller related factors
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sec.115 Exempt seller related factors
The exempt seller related factors are as follows: whether selling energy is or will be a core part of the exempt seller’s business or incidental to that business; whether the exempt seller’s circumstances demonstrate specific characteristics that may warrant exemption; whether the exempt seller is intending to profit from the arrangement; whether the amount of energy likely to be sold by the exempt seller is significant in relation to national energy markets; the extent to which the imposition of conditions on an exemption, or to which the requirements of other laws, would allow appropriate obligations to govern the applicant’s behaviour rather than requiring the applicant to obtain a retailer authorisation; the likely cost of obtaining a retailer authorisation and of complying with this Law and the Rules as a retailer compared to the likely benefits to the exempt customers of the exempt seller; any other seller related matter the AER considers relevant. In this section— exempt seller includes an applicant for an exemption under this Division. (sec.115-ssec.1) The exempt seller related factors are as follows: whether selling energy is or will be a core part of the exempt seller’s business or incidental to that business; whether the exempt seller’s circumstances demonstrate specific characteristics that may warrant exemption; whether the exempt seller is intending to profit from the arrangement; whether the amount of energy likely to be sold by the exempt seller is significant in relation to national energy markets; the extent to which the imposition of conditions on an exemption, or to which the requirements of other laws, would allow appropriate obligations to govern the applicant’s behaviour rather than requiring the applicant to obtain a retailer authorisation; the likely cost of obtaining a retailer authorisation and of complying with this Law and the Rules as a retailer compared to the likely benefits to the exempt customers of the exempt seller; any other seller related matter the AER considers relevant. (sec.115-ssec.2) In this section— exempt seller includes an applicant for an exemption under this Division.
- (a) whether selling energy is or will be a core part of the exempt seller’s business or incidental to that business;
- (b) whether the exempt seller’s circumstances demonstrate specific characteristics that may warrant exemption;
- (c) whether the exempt seller is intending to profit from the arrangement;
- (d) whether the amount of energy likely to be sold by the exempt seller is significant in relation to national energy markets;
- (e) the extent to which the imposition of conditions on an exemption, or to which the requirements of other laws, would allow appropriate obligations to govern the applicant’s behaviour rather than requiring the applicant to obtain a retailer authorisation;