sec.136Issue of RoLR notice

sec.136 Issue of RoLR notice

The AER may decide to issue a notice (a RoLR notice ) on the occurrence of a RoLR event. The AER must decide whether or not to issue a notice under subsection (1) as soon as practicable after the RoLR event occurs. A RoLR notice must— state that the RoLR event has occurred and identify it; and specify the failed retailer; and specify the registered RoLR or registered RoLRs appointed by the notice (or taken to be appointed) under section 132 as designated RoLR or designated RoLRs for the event; and if more than one designated RoLR is appointed—specify, in accordance with the AER RoLR Guidelines, the allocation of each designated RoLR to particular customers or classes of customers; and specify the date, or the manner of fixing the date, (either of which is the transfer date ) on which the customers of the failed retailer are transferred to the relevant designated RoLR under section 140 ; and contain the endorsement revoking the failed retailer’s retailer authorisation, where applicable, under section 142 ; and include any other information or matters the AER considers necessary or desirable. If information required under subsection (2) (c) or (d) is not known by the AER when the notice is issued— the notice must be amended to include the information as soon as practicable after the information becomes known by the AER; and customers of the failed retailer must not be transferred before the information required under subsection (2) (c) and (d) is included in the notice. A RoLR notice may contain requirements (not inconsistent with this Law or the RoLR Procedures) to be complied with by— the failed retailer; and a designated RoLR; and subject to section 143 (3) , other persons on whom the notice is served, in relation to the RoLR event and in particular in relation to the transfer of customers. A RoLR notice must be framed so as to deal with all customers of the failed retailer, but a failure to do so does not invalidate the notice and the notice has effect for the customers covered by it. The transfer date may be on, before or after the date of service or publication of the RoLR notice, but if the RoLR event is— the revocation of the retailer’s retailer authorisation; or the suspension of the retailer’s right to participate— in the case of electricity—in the wholesale exchange market; or in the case of gas—either in the declared wholesale gas market or in a short term trading market, the transfer date is taken to be the date of the revocation or suspension (as the case may be), unless an earlier date is specified or fixed. The AER may amend a RoLR notice by a later notice issued by the AER, but a RoLR notice cannot be amended so as to change— a transfer date if the date has already been reached; or without the consent of AEMO and the designated RoLR, an allocation of a customer if AEMO has acted on the allocation or if changing the allocation would (or would be likely to) affect continuity of the sale of energy to customers. s 136 amd 2012 No. 16 (SA) s 12 ; 2025 No. 61 (SA) s 6 (sec.136-ssec.1) The AER may decide to issue a notice (a RoLR notice ) on the occurrence of a RoLR event. (sec.136-ssec.1a) The AER must decide whether or not to issue a notice under subsection (1) as soon as practicable after the RoLR event occurs. (sec.136-ssec.2) A RoLR notice must— state that the RoLR event has occurred and identify it; and specify the failed retailer; and specify the registered RoLR or registered RoLRs appointed by the notice (or taken to be appointed) under section 132 as designated RoLR or designated RoLRs for the event; and if more than one designated RoLR is appointed—specify, in accordance with the AER RoLR Guidelines, the allocation of each designated RoLR to particular customers or classes of customers; and specify the date, or the manner of fixing the date, (either of which is the transfer date ) on which the customers of the failed retailer are transferred to the relevant designated RoLR under section 140 ; and contain the endorsement revoking the failed retailer’s retailer authorisation, where applicable, under section 142 ; and include any other information or matters the AER considers necessary or desirable. (sec.136-ssec.2a) If information required under subsection (2) (c) or (d) is not known by the AER when the notice is issued— the notice must be amended to include the information as soon as practicable after the information becomes known by the AER; and customers of the failed retailer must not be transferred before the information required under subsection (2) (c) and (d) is included in the notice. (sec.136-ssec.3) A RoLR notice may contain requirements (not inconsistent with this Law or the RoLR Procedures) to be complied with by— the failed retailer; and a designated RoLR; and subject to section 143 (3) , other persons on whom the notice is served, in relation to the RoLR event and in particular in relation to the transfer of customers. (sec.136-ssec.4) A RoLR notice must be framed so as to deal with all customers of the failed retailer, but a failure to do so does not invalidate the notice and the notice has effect for the customers covered by it. (sec.136-ssec.5) The transfer date may be on, before or after the date of service or publication of the RoLR notice, but if the RoLR event is— the revocation of the retailer’s retailer authorisation; or the suspension of the retailer’s right to participate— in the case of electricity—in the wholesale exchange market; or in the case of gas—either in the declared wholesale gas market or in a short term trading market, the transfer date is taken to be the date of the revocation or suspension (as the case may be), unless an earlier date is specified or fixed. (sec.136-ssec.6) The AER may amend a RoLR notice by a later notice issued by the AER, but a RoLR notice cannot be amended so as to change— a transfer date if the date has already been reached; or without the consent of AEMO and the designated RoLR, an allocation of a customer if AEMO has acted on the allocation or if changing the allocation would (or would be likely to) affect continuity of the sale of energy to customers.