Div 3South Australian arrangements

Division 3—South Australian arrangements 17—Consumption thresholds (1) Despite section 6 of the National Energy Retail Law (South Australia), the Governor may, by regulation made under this section for the purposes of the consumption thresholds referred to in section 5 of that Law— (a) determine or make provision for determining the upper consumption thresholds and lower consumption thresholds for business customers; and (b) prescribe a procedure for reviewing consumption thresholds so determined. (2) In connection with the operation of subsection (1)— (a) without limitation, a regulation made for the purposes of that subsection may differ in its application to different classes of business customers or different regulatory requirements, or both; and (b) a regulation made for the purposes of that subsection will apply to the exclusion of any inconsistent provision made by the National Regulations under section 6 of the National Energy Retail Law; and (c) the National Energy Retail Rules, insofar as they apply as part of the law of South Australia, are modified to the extent necessary to give effect to a regulation made for the purposes of that subsection. 18—Standing offer prices (1) For the purposes of the National Energy Retail Law (South Australia), a designated retailer will be taken to include— (a) in relation to the provision of electricity—an entity or entities prescribed by the regulations for the purposes of this paragraph; and (b) in relation to the provision of gas—an entity or entities prescribed by the regulations for the purposes of this paragraph. (2) Section 11 of the National Energy Retail Law will not apply in this jurisdiction. (3) Section 22 of the National Energy Retail Law (South Australia) will only apply in relation to an entity prescribed under subsection (1) (and the regulations may make any provision in connection with the operation of this subsection). (4) A standing offer price of an entity prescribed under subsection (1) (being relevant for the purposes of the National Energy Retail Law (South Australia)) will be— (a) in relation to the provision of electricity to a particular customer—the price (or prices) fixed by the Commission under section 36AA(4a) of the Electricity Act 1996 as the standing contract price for a class of customers to which the customer belongs and will include all of the tariffs and charges that a retailer charges a small customer for or in connection with the sale and supply of energy to a small customer under the retailer's form of standard retail contract; (b) in relation to the provision of gas to a particular customer—the price (or prices) fixed by the Commission under section 34A(4a) of the Gas Act 1997 as the standing contract price for a class of customers to which the customer belongs and will include all of the tariffs and charges that a retailer charges a small customer for or in connection with the sale and supply of energy to a small customer under the retailer's form of standard retail contract. (5) For the purposes of subsection (4)— (a) any provision of the Electricity Act 1996 or the Gas Act 1997 (as the case requires) that may be relevant to fixing prices that will apply under that subsection will apply in connection with the operation of that subsection; and (b) the Essential Services Commission Act 2002 will apply— (i) in relation to the activities of the Commission in connection with the operation of that subsection; and (ii) in relation to any determination of the Commission that applies to an entity prescribed under subsection (1). (6) Section 23(5) of the National Energy Retail Law (South Australia) will not apply in relation to a variation of the standing offer price of an entity prescribed under subsection (1) that applies under subsection (4). (7) In addition to the requirements of the National Energy Retail Law (South Australia), an entity prescribed under subsection (1) must publish on its website (and keep up to date) a price list setting out all of its tariffs and charges in connection with the sale or supply of energy to its small customers when the entity is acting as a financially responsible retailer under a deemed customer retail arrangement under Division 9 of Part 2 of that Law or as a retailer of last resort under Part 6 of that Law. (8) A price list published under subsection (7) must comply with any requirements prescribed by the National Energy Retail Law (South Australia) in relation to the publication or presentation of any standing offer price. (9) A reference in section 55(2) of the National Energy Retail Law (South Australia) to a retailer's standing offer prices will, in the case of an entity prescribed under subsection (1), be taken to be a reference to the prices published under subsection (7). (10) To avoid doubt, the preceding subsections do not affect the application of section 23 of the National Energy Retail Law (South Australia) to a retailer that is not an entity prescribed under subsection (1). Section 18 had not come into operation at the date of the publication of this version. 19—Small market offer customers Section 31 of the National Energy Retail Law will not apply in this jurisdiction. 21—Retailer of last resort scheme (1) A reference in section 145(4) of the National Energy Retail Law (South Australia) to a retailer's standing offer prices will be taken to be— (a) in the case of an entity prescribed under section 18(1)—the prices published under section 18(7); (b) in any other case—the entity's standing offer price under section 23 of the Law. (2) Despite any other provision made by or under the National Energy Retail Law (South Australia) or any jurisdictional energy legislation, a standing offer price may be varied at any time as a result of a RoLR cost recovery scheme. Section 21 had not come into operation at the date of the publication of this version. 22—Small compensation claims regime (1) Subject to subsection (2), Part 7 of the National Energy Retail Law will not apply in this jurisdiction. (2) Part 7 of the National Energy Retail Law will apply in this jurisdiction (and form part of the National Energy Retail Law (South Australia)) from a date to be fixed by proclamation. 23—Minimum standards of service for customers (1) A retailer must comply with any requirements imposed under the regulations relating to minimum standards of service for customers, or customers of a prescribed class. (2) Subsection (1) will be taken to be a civil penalty provision under the National Energy Retail Law (South Australia). (3) In addition, a minimum standard of service for customers prescribed under this section will be taken to be a requirement of the National Energy Retail Law (South Australia) for the purposes of Part 12 of that Law (and will be subject to the compliance, performance, monitoring, information, data, audit and reporting requirements of that Part). (4) Without limiting subsection (3) (or any other provision), the functions and powers of the AER under Part 12 of the National Energy Retail Law (South Australia) will extend in relation to any minimum standard of service to customers prescribed under this section. 24—Late payment fees (1) A retailer may impose a fee for late payment of a bill for a customer retail service. (2) However, if the service is provided under a customer retail contract with a small customer— (a) the fee must not exceed the reasonable costs of the retailer in recovering an overdue amount; and (b) if the customer lodges a complaint in relation to the bill under Part 4 of the National Energy Retail Law (South Australia), the retailer must not take steps to recover a fee for late payment while the complaint is being dealt with under that Part. 25—Immunity in relation to failure to supply electricity (1) Section 316(2) of the National Energy Retail Law (South Australia) will be taken to allow a distributor of electricity to enter into an agreement with a small customer varying or excluding the operation of subsection (1) of section 316 of that Law and, to the extent of that agreement, that subsection does not apply. (2) However, an agreement under subsection (1)— (a) must comply with any requirement prescribed by the regulations; and (b) may not apply in relation to an act or omission of a kind excluded from the operation of this section by the regulations.