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National Energy Retail Law (South Australia) Act 2011
Div 11AER Retail Pricing Information Guidelines and price comparator
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Division 11—AER Retail Pricing Information Guidelines and price comparator
61—AER Retail Pricing Information Guidelines for presentation of standing and market offer prices
(1) The AER may, in accordance with the retail consultation procedure, make and amend guidelines (AER Retail Pricing Information Guidelines).
(2) The purpose of the AER Retail Pricing Information Guidelines is to provide guidance to retailers in the presentation of standing offer prices and market offer prices, and thereby assist small customers to consider and compare standing offer prices and market offer prices offered by retailers.
(3) Without limitation, the AER Retail Pricing Information Guidelines may specify any or all of the following:
(a) the manner and form in which details of standing offer prices and market offer prices are to be presented when publishing, advertising or notifying the AER of those prices or any variation;
(b) the types of market offers to be provided for the purposes of the price comparator, including without limitation, by reference to areas, classes of small customers or tariff classes;
(c) any additional matters that the AER considers necessary or convenient to assist customers to consider and compare standing offer prices and market offer prices offered by retailers.
62—Price comparator
(1) This section applies in relation to this jurisdiction only if and to the extent a local instrument of this jurisdiction declares that this section applies in relation to this jurisdiction.
(2) The AER must develop and make available on a website a price comparator.
(3) The purpose of a price comparator is to assist a small customer to compare—
(a) the standing offer price available to that customer; and
(b) market offer prices that are generally available to classes of small customers in this jurisdiction,
in accordance with the AER Retail Pricing Information Guidelines.
(4) A price comparator must make clear to small customers that it only provides a guide.
(5) A price comparator may, in addition to the information about the price of the standing offers and market offers listed in the comparator, include such other information as the AER considers will achieve the purpose of a price comparator.
(6) Nothing in this Law prevents the AER developing and making available a single price comparator for a jurisdiction that compares prices for the provision of both electricity and gas.
(7) The AER must update the price comparator information as soon as practicable after a retailer informs the AER of any variations to the retailer's standing offer price or relevant market offer price.
(8) In the development and updating of a price comparator, the AER must undertake such consultation as it considers appropriate.
(9) A difference between information made available under a price comparator and a retailer's standing offer price, market offer prices or any variation to those prices does not affect the operation of that retailer's prices or variations to those prices.
For example, there may be a delay in updating information on the price comparator service.
63—AER information gathering powers for pricing guidelines and comparator
A retailer must submit to the AER, in the manner and form (including by the date or dates) required by the AER Retail Pricing Information Guidelines, information and data relating to—
(a) the presentation of standing offer prices and market offer prices that are generally available to classes of small customers in a jurisdiction (including any variation of the prices); and
(b) if and to the extent a local instrument of this jurisdiction so declares—the purposes of a price comparator for this jurisdiction.
1 This section is a civil penalty provision.
2 The AER is subject to Division 3 of Part 8 of this Law and section 44AAF of the Competition and Consumer Act 2010 of the Commonwealth in respect of the disclosure of confidential information it receives.