sec.237Subject matters of Rules

sec.237 Subject matters of Rules

Rules, to be known, collectively, as the “National Energy Retail Rules”, may be made for or with respect to— regulating— the provision of energy services to customers, including customer retail services and customer connection services; and the activities of persons involved in the sale and supply of energy to customers; and any matter or thing contemplated by this Law or necessary or expedient for the purposes of this Law; and any matter or thing related to, or necessary or expedient for, the purposes of a trial Rule, trial project or trial waiver. The procedure for making initial Rules by the South Australian Minister is set out in Division 3 , and the procedure for making subsequent Rules by the AEMC is set out in Division 4 . Without limiting subsection (1) , the Rules may make provision for or with respect to the following matters: the rights and obligations between distributors and retailers who have shared customers, including (without limitation) matters relating to the following: the sharing and exchange of information between distributors and retailers, including information provided for the purpose of informing shared customers in relation to faults and emergencies, planned or unplanned interruptions and applicable tariffs; the management of customer enquiries, complaints and claims; the management of the de‐energisation of premises of shared customers and the re‐energisation of those premises; disputes under or in relation to the Rules between persons, including— the appointment of a person, in accordance with the Rules, to manage and facilitate the resolution of such disputes without however derogating from that person’s power to act personally as an arbitrator or mediator in a particular dispute; and the appointment, by a person referred to in subparagraph (i) , of persons (including mediators and arbitrators) to resolve such disputes; and the procedure for the conduct of such disputes; and the provision for appeals on questions of law against decisions of persons appointed to resolve such disputes; and the conferral of functions or powers on persons authorised to deal with disputes under the NEL, NER, NGL or NGR or jurisdictional energy legislation; the payment of money (including the payment of interest) for any service provided under the Rules in respect of which the Rules require payment; confidential information held by persons or bodies conferred a function, or exercising a power or right, or on whom an obligation is imposed, under the Rules, and the manner and circumstances in which that information may be disclosed; a consultation procedure for matters arising under this Law, the National Regulations or the Rules; reviews by or on behalf of— the AER or the AEMC; or any other person appointed in accordance with the Rules; the liability of retailers, distributors and customers for acts and omissions and the provision of immunity in respect of any such liability; the energisation, de‐energisation or re‐energisation of premises of customers; the sale of electricity to customers whose premises are connected to a regulated stand-alone power system (within the meaning of the NEL); the transition from the sale or supply of natural gas to the sale or supply of a natural gas equivalent or a prescribed covered gas, including, without limitation, matters relating to the following: the process to be followed, or the transition scheme to be applied, in making the change; the powers and functions of the AER in relation to the transition; the technical capabilities that must be demonstrated by a retailer or distributor in relation to the sale of a natural gas equivalent before making the change; benchmarks for energy consumption for residential customers; and the use of interval meters and smart meters and other related technologies, including devices designed to enable direct load control, including (without limitation) matters relating to the following: the ability of a distributor to undertake supply capacity control (SCC), including— the inclusion of SCC as part of a connection contract; and marketing rules associated with SCC; and the management and restoration of power as a result of an emergency; the ability of a retailer to undertake SCC; charging and billing rules, and bill content, including— the way in which tariff structures should be expressed; and the regulation of estimates for the purposes of billing, including information to be provided to customers; and the regulation of critical peak pricing and critical peak rebates; and the provision of information to customers about metering and consumption data on the bill; the provision of marketing information to customers through the in‐house display facility of a smart meter and other related technologies (including by providing that a customer’s consent is required before such information may be sent and by imposing restrictions or prohibitions with respect to certain practices); the provision of information about matters associated with the use of smart meters and other related technologies, including the remote de‐energisation of premises and control of appliances; information to be included in a retail market performance report; any other matter or thing relating to the retail sale and supply of energy or associated matters prescribed by the National Regulations. Without limiting subsection (1) , the Rules may— be of general or limited application; and vary according to the persons, times, places or circumstances to which they are expressed to apply; and confer functions or powers on, or leave any matter or thing to be decided or determined by— the AER, the AEMC, AEMO or a jurisdictional regulator; or a panel or committee established by the AEMC; or any other body established, or person appointed, in accordance with the Rules; and confer functions on, or leave any matter or thing to be decided or determined by, an energy ombudsman; and confer rights or impose obligations on any person or a class of person, including retailers, distributors and customers, but not including the AER, the AEMC, AEMO or a jurisdictional regulator; and confer a function on the AER, the AEMC, AEMO or a jurisdictional regulator to make, prepare, develop or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules, including guidelines, tests, standards, procedures or any other document (however described) that leave any matter or thing to be determined by the AER, the AEMC, AEMO or a jurisdictional regulator; and empower or require any person (other than a person referred to in paragraph (f) ) or body to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules; and apply, adopt or incorporate wholly or partially, or as amended by the Rules, the provisions of any standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body whether— as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or as amended from time to time; and confer a power of direction on the AER, the AEMC, AEMO or a jurisdictional regulator to require a person conferred a right or on whom an obligation is imposed under the Rules to comply with— a guideline, test, standard, procedure or other document (however described) referred to in paragraph (f) or (g) ; or a standard, rule, specification, method or document (however described) referred to in paragraph (h) ; and if this section authorises or requires Rules that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter or thing; and provide for the review of, or a right of appeal against, a decision or determination made under the Rules and for that purpose, confer jurisdiction on a court; and require a form prescribed by or under the Rules, or information or documents included in, attached to or given with the form, to be verified by statutory declaration; and confer an immunity on, or limit the liability of, any person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules; and require a person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules to indemnify another such person or body; and contain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule. Without limitation, a Rule that amends the model terms and conditions for standard retail contracts or standard connection contracts set out in the Rules must specify a date by which regulated entities must vary their forms of standard retail contract or their forms of standard connection contract (as the case requires). s 237 amd 2013 No. 69 (SA) s 8 ; 2021 No. 9 (SA) s 10; 2022 No. 22 (SA) s 24 ; 2023 No. 36 (SA) s 83 (sec.237-ssec.1) Rules, to be known, collectively, as the “National Energy Retail Rules”, may be made for or with respect to— regulating— the provision of energy services to customers, including customer retail services and customer connection services; and the activities of persons involved in the sale and supply of energy to customers; and any matter or thing contemplated by this Law or necessary or expedient for the purposes of this Law; and any matter or thing related to, or necessary or expedient for, the purposes of a trial Rule, trial project or trial waiver. The procedure for making initial Rules by the South Australian Minister is set out in Division 3 , and the procedure for making subsequent Rules by the AEMC is set out in Division 4 . (sec.237-ssec.2) Without limiting subsection (1) , the Rules may make provision for or with respect to the following matters: the rights and obligations between distributors and retailers who have shared customers, including (without limitation) matters relating to the following: the sharing and exchange of information between distributors and retailers, including information provided for the purpose of informing shared customers in relation to faults and emergencies, planned or unplanned interruptions and applicable tariffs; the management of customer enquiries, complaints and claims; the management of the de‐energisation of premises of shared customers and the re‐energisation of those premises; disputes under or in relation to the Rules between persons, including— the appointment of a person, in accordance with the Rules, to manage and facilitate the resolution of such disputes without however derogating from that person’s power to act personally as an arbitrator or mediator in a particular dispute; and the appointment, by a person referred to in subparagraph (i) , of persons (including mediators and arbitrators) to resolve such disputes; and the procedure for the conduct of such disputes; and the provision for appeals on questions of law against decisions of persons appointed to resolve such disputes; and the conferral of functions or powers on persons authorised to deal with disputes under the NEL, NER, NGL or NGR or jurisdictional energy legislation; the payment of money (including the payment of interest) for any service provided under the Rules in respect of which the Rules require payment; confidential information held by persons or bodies conferred a function, or exercising a power or right, or on whom an obligation is imposed, under the Rules, and the manner and circumstances in which that information may be disclosed; a consultation procedure for matters arising under this Law, the National Regulations or the Rules; reviews by or on behalf of— the AER or the AEMC; or any other person appointed in accordance with the Rules; the liability of retailers, distributors and customers for acts and omissions and the provision of immunity in respect of any such liability; the energisation, de‐energisation or re‐energisation of premises of customers; the sale of electricity to customers whose premises are connected to a regulated stand-alone power system (within the meaning of the NEL); the transition from the sale or supply of natural gas to the sale or supply of a natural gas equivalent or a prescribed covered gas, including, without limitation, matters relating to the following: the process to be followed, or the transition scheme to be applied, in making the change; the powers and functions of the AER in relation to the transition; the technical capabilities that must be demonstrated by a retailer or distributor in relation to the sale of a natural gas equivalent before making the change; benchmarks for energy consumption for residential customers; and the use of interval meters and smart meters and other related technologies, including devices designed to enable direct load control, including (without limitation) matters relating to the following: the ability of a distributor to undertake supply capacity control (SCC), including— the inclusion of SCC as part of a connection contract; and marketing rules associated with SCC; and the management and restoration of power as a result of an emergency; the ability of a retailer to undertake SCC; charging and billing rules, and bill content, including— the way in which tariff structures should be expressed; and the regulation of estimates for the purposes of billing, including information to be provided to customers; and the regulation of critical peak pricing and critical peak rebates; and the provision of information to customers about metering and consumption data on the bill; the provision of marketing information to customers through the in‐house display facility of a smart meter and other related technologies (including by providing that a customer’s consent is required before such information may be sent and by imposing restrictions or prohibitions with respect to certain practices); the provision of information about matters associated with the use of smart meters and other related technologies, including the remote de‐energisation of premises and control of appliances; information to be included in a retail market performance report; any other matter or thing relating to the retail sale and supply of energy or associated matters prescribed by the National Regulations. (sec.237-ssec.3) Without limiting subsection (1) , the Rules may— be of general or limited application; and vary according to the persons, times, places or circumstances to which they are expressed to apply; and confer functions or powers on, or leave any matter or thing to be decided or determined by— the AER, the AEMC, AEMO or a jurisdictional regulator; or a panel or committee established by the AEMC; or any other body established, or person appointed, in accordance with the Rules; and confer functions on, or leave any matter or thing to be decided or determined by, an energy ombudsman; and confer rights or impose obligations on any person or a class of person, including retailers, distributors and customers, but not including the AER, the AEMC, AEMO or a jurisdictional regulator; and confer a function on the AER, the AEMC, AEMO or a jurisdictional regulator to make, prepare, develop or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules, including guidelines, tests, standards, procedures or any other document (however described) that leave any matter or thing to be determined by the AER, the AEMC, AEMO or a jurisdictional regulator; and empower or require any person (other than a person referred to in paragraph (f) ) or body to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules; and apply, adopt or incorporate wholly or partially, or as amended by the Rules, the provisions of any standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body whether— as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or as amended from time to time; and confer a power of direction on the AER, the AEMC, AEMO or a jurisdictional regulator to require a person conferred a right or on whom an obligation is imposed under the Rules to comply with— a guideline, test, standard, procedure or other document (however described) referred to in paragraph (f) or (g) ; or a standard, rule, specification, method or document (however described) referred to in paragraph (h) ; and if this section authorises or requires Rules that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter or thing; and provide for the review of, or a right of appeal against, a decision or determination made under the Rules and for that purpose, confer jurisdiction on a court; and require a form prescribed by or under the Rules, or information or documents included in, attached to or given with the form, to be verified by statutory declaration; and confer an immunity on, or limit the liability of, any person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules; and require a person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules to indemnify another such person or body; and contain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule. (sec.237-ssec.4) Without limitation, a Rule that amends the model terms and conditions for standard retail contracts or standard connection contracts set out in the Rules must specify a date by which regulated entities must vary their forms of standard retail contract or their forms of standard connection contract (as the case requires). s 237 amd 2013 No. 69 (SA) s 8 ; 2021 No. 9 (SA) s 10; 2022 No. 22 (SA) s 24 ; 2023 No. 36 (SA) s 83