Part 7Transitional provisions

Part 7—Transitional provisions 33—Interpretation authorised entity means a relevant entity that, on the relevant day, is taken to be the holder of a retailer authorisation; Commission means the Essential Services Commission established under the Essential Services Commission Act 2002; exempt entity means a relevant entity that, on the relevant day, is taken to be an exempt seller; NERL entity means an entity that, on the relevant day, becomes a regulated entity under the National Energy Retail Law (South Australia); relevant day means the day fixed by the Governor by proclamation under section 4 as the day on which the National Energy Retail Law applies in this jurisdiction; relevant entity means an entity— (a) that, immediately before the relevant day— (i) held a licence under Part 3 of the Electricity Act 1996 or held an exemption from the requirement to hold such a licence under that Act; or (ii) held a licence under Part 3 of the Gas Act 1997 or held an exemption from the requirement to hold such a licence under that Act; and (b) that, on the relevant day, is taken to be— (i) the holder of a retailer authorisation; or (ii) an exempt seller, by virtue of the operation of the National Regulations. 34—Conditions—exempt entities (1) The conditions that will apply to an exempt entity on the relevant day for the purposes of the National Energy Retail Law (South Australia) will be conditions determined by the Minister under this section. (2) The Minister must— (a) furnish written notice of the conditions to the exempt entity; and (b) furnish a copy of the notice of the conditions to the AER. (3) The AER must, as soon as practicable after receiving a copy of a notice under subsection (2), publish the conditions on the AER's website. (4) The conditions determined by the Minister under this section will be taken to be conditions imposed by the AER under section 112 of the National Energy Retail Law (South Australia). (5) The AER must consult with the Minister before it varies or revokes a condition determined by the Minister under this section. 35—Customer contracts—electricity (1) A contract for the sale of electricity between an authorised entity and a customer that is constituted by a standing contract under section 36AA of the Electricity Act 1996 and is in force immediately before the relevant day will, on the relevant day, be taken to be replaced with a contract between the authorised entity and the customer in the form of the entity's standard retail contract applying under Division 3 of Part 2 of the National Energy Retail Law (South Australia) for the provision of the relevant services. (2) A market contract for the sale of electricity between an authorised entity and a customer under Part A of the Energy Retail Code (ERC/03) published by the Commission under the Essential Services Commission Act 2002 and in force immediately before the relevant day will, on the relevant day, be taken to be a market retail contract under section 33 of the National Energy Retail Law (South Australia) (and the minimum requirements that apply under Division 4 of Part 2 of the National Energy Retail Law (South Australia) will apply in relation to that contract). (3) A customer may exercise any right to withdraw from a contract under subsection (2) during a cooling‑off period that existed immediately before the relevant day as if the Electricity Act 1996 still applied (and then subsection (2) will cease to apply in relation to that contract). (4) Where an authorised entity is, immediately before the relevant day, required to sell electricity to a customer under section 36AB of the Electricity Act 1996, the default contract arrangement in place between the entity and the customer will be taken to constitute a deemed customer retail arrangement between the entity and the customer under Division 9 of Part 2 of the National Energy Retail Law (South Australia) with the terms and conditions applying under that Division. (5) A request made to a designated retailer under section 36AA of the Electricity Act 1996 before the relevant day that, immediately before the relevant day, is yet to be subject to a contract between the designated retailer and the relevant customer under the Electricity Act 1996 will be taken to be a request for an offer under section 22 of the National Energy Retail Law (South Australia). (6) The prices applicable to a contract that is taken to exist under the National Energy Retail Law (South Australia) by operation of this section will, on the relevant day, be the prices that would have applied under the Electricity Act 1996 on that day had this Act not been enacted (subject to any variation made under the National Energy Retail Law (South Australia) on or after the relevant day). (7) In connection with the operation of a preceding subsection— (a) any security deposit paid by a customer under the Electricity Act 1996 that is being held by a relevant entity immediately before the relevant day will continue to have effect as if it had been paid under the National Energy Retail Law (South Australia); and (b) a notification given by a party to a contract before the relevant day (and still valid and operative immediately before the relevant day) will, if such a notification may be made under the National Energy Retail Law (South Australia), continue and have effect as if it had been given under that Law; and (c) any direct debit arrangement for the payment of a bill in operation for the purposes of a contract that is subject to the operation of a preceding subsection (and in force immediately before the relevant day) will continue to have effect; and (d) a payment plan or other arrangement in operation for the purposes of a contract that is subject to the operation of a preceding subsection (and in force immediately before the relevant day) will continue to have effect as if it had been entered into under the National Energy Retail Law (South Australia). designated retailer means an entity prescribed for the purposes of section 18(1)(a) of this Act. Subsections (5) and (8) had not come into operation at the date of the publication of this version. 36—Customer connection contracts—electricity (1) A contract for the supply of electricity between a distributor of electricity and a customer under the Electricity Act 1996 that is constituted by the standard connection and supply contract under Part B of the Electricity Distribution Code (EDC/09) published by the Commission under the Essential Services Commission Act 2002 and is in force immediately before the relevant day will, on the relevant day, be taken to be replaced with a contract between the distributor and the customer in the form of the distributor's deemed standard connection contract applying under Division 4 of Part 3 of the National Energy Retail Law (South Australia) for the provision of the relevant services. (2) Any other contract for the supply of electricity between a distributor of electricity and a customer under the Electricity Act 1996 in force immediately before the relevant day will, on the relevant day, be taken to be a negotiated connection contract under the National Energy Retail Law (South Australia) (with the terms and conditions applying immediately before the relevant day being taken to be the terms and conditions applying under the National Energy Retail Law (South Australia)). (3) This section does not apply if the distributor does not become a NERL entity on the relevant day. (4) An offer to a customer to provide a connection to a supply of electricity under the Electricity Act 1996 by an entity that becomes a distributor under the National Energy Retail Law (South Australia) made before the relevant day (and still operative immediately before the relevant day)— (a) must be maintained as an open offer for a period of 60 days, or for such other period as may be specified in the offer (with the period starting on the making of the offer); and (b) will be taken to be a distributor's connection offer for the purposes of section 70(2)(a) of the National Energy Retail Law (South Australia). 37—Customer contracts—gas (1) A contract for the sale of gas between an authorised entity and a customer that is constituted by a standing contract under section 34A of the Gas Act 1997 and is in force immediately before the relevant day will, on the relevant day, be taken to be replaced with a contract between the authorised entity and the customer in the form of the entity's standard retail contract applying under Division 3 of Part 2 of the National Energy Retail Law (South Australia) for the provision of the relevant services. (2) A market contract for the sale of gas between an authorised entity and a customer under Part A of the Energy Retail Code (ERC/03) published by the Commission under the Essential Services Commission Act 2002 and in force immediately before the relevant day will, on the relevant day, be taken to be a market retail contract under section 33 of the National Energy Retail Law (South Australia) (and the minimum requirements that apply under Division 4 of Part 2 of the National Energy Retail Law (South Australia) will apply in relation to that contract). (3) A customer may exercise any right to withdraw from a contract under subsection (2) during a cooling‑off period that existed immediately before the relevant day as if the Gas Act 1997 still applied (and then subsection (2) will cease to apply in relation to that contract). (4) Where an authorised entity is, immediately before the relevant day, required to sell gas to a customer under section 34B of the Gas Act 1997, the default contract arrangement in place between the entity and the customer will be taken to constitute a deemed customer retail arrangement between the entity and the customer under Division 9 of Part 2 of the National Energy Retail Law (South Australia) with the terms and conditions applying under that Division. (5) A request made to a designated retailer under section 34A of the Gas Act 1997 before the relevant day that, immediately before the relevant day, is yet to be subject to a contract between the designated retailer and the relevant customer under the Gas Act 1997 will be taken to be a request for an offer under section 22 of the National Energy Retail Law (South Australia). (6) The prices applicable to a contract that is taken to exist under the National Energy Retail Law (South Australia) by operation of this section will, on the relevant day, be the prices that would have applied under the Gas Act 1997 on that day had this Act not been enacted (subject to any variation made under the National Energy Retail Law (South Australia) on or after the relevant day). (7) In connection with the operation of a preceding subsection— (a) any security deposit paid by a customer under the Gas Act 1997 that is being held by a relevant entity immediately before the relevant day will continue to have effect as if it had been paid under the National Energy Retail Law (South Australia); and (b) a notification given by a party to a contract before the relevant day (and still valid and operative immediately before the relevant day) will, if such a notification may be made under the National Energy Retail Law (South Australia), continue and have effect as if it had been given under that Law; and (c) any direct debit arrangement for the payment of a bill in operation for the purposes of a contract that is subject to the operation of a preceding subsection (and in force immediately before the relevant day) will continue to have effect; and (d) a payment plan or other arrangement in operation for the purposes of a contract that is subject to the operation of a preceding subsection (and in force immediately before the relevant day) will continue to have effect as if it had been entered into under the National Energy Retail Law (South Australia). designated retailer means an entity prescribed for the purposes of section 18(1)(b) of this Act. Subsections (5) and (8) had not come into operation at the date of the publication of this version. 38—Customer connection contracts—gas (1) A contract for the supply of gas between a distributor of gas and a customer in force immediately before the relevant day will, on the relevant day, be taken to be a negotiated connection contract under the National Energy Retail Law (South Australia) (with the terms and conditions applying immediately before the relevant day being taken to be the terms and conditions applying under the National Energy Retail Law (South Australia)). (2) If a customer is being supplied with gas under the Gas Act 1997 immediately before the relevant day without being a party to a contract with the distributor of that gas in relation to that supply then, on the relevant day, a customer connection contract will be taken to exist between the customer and the distributor under Part 3 of the National Energy Retail Law (South Australia) (with the terms and conditions applying under Division 4 of Part 3 of that Law). (3) This section does not apply if the distributor does not become a NERL entity on the relevant day. 39—Complaints and dispute resolution (1) On and from the relevant day, a complaint made to a NERL entity or an energy ombudsman (including a complaint made before the relevant day) will proceed under Part 4 of the National Energy Retail Law (South Australia) (even if the complaint involves a matter arising when the Electricity Act 1996 or the Gas Act 1997 (as the case requires) applied in relation to the matter). (2) On and from the relevant day, a dispute arising under the Electricity Act 1996 or the Gas Act 1997 in relation to a NERL entity will proceed before the energy ombudsman under Part 4 of the National Energy Retail Law (South Australia) (including a dispute referred to an energy ombudsman before the relevant day). 40—Provision of information and assistance by Commission (1) Despite any other Act or law, the Commission is authorised, on its own initiative or at the request of the AER— (a) to provide the AER with such information (including information given in confidence) in the possession or control of the Commission that is reasonably required by the AER for the purposes of this Act or the National Energy Retail Law (South Australia); and (b) to provide the AER with such other assistance as is reasonably required by the AER to perform or exercise a function or power under this Act or the National Energy Retail Law (South Australia). (2) Despite any other Act or law, the Commission may authorise the AER to disclose information provided under subsection (1) even if the information was given to the Commission in confidence. (3) Nothing done, or authorised to be done, by the Commission in acting under subsection (1) or (2)— (a) constitutes a breach of, or default under, an Act or other law; or (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or (c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or (d) constitutes a civil or criminal wrong; or (e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or (f) releases a surety or any other obligee wholly or in part from an obligation. 41—Transitional regulation‑making power (1) Without limiting any other provision, the Governor may, by regulation, make any provision of a saving or transitional nature— (a) relating to the transition from the application of the Electricity Act 1996 or the Gas Act 1997 to the application of provisions of the National Energy Retail Law (South Australia) (including in connection with the operation or effect of the National Energy Retail Law); or (b) relating to the operation or effect of the National Electricity (South Australia) Law or the National Gas (South Australia) Law on account of, or in connection with, the commencement of the National Energy Retail Law (South Australia); or (c) relating to the operation or effect of the National Energy Retail Law (South Australia) on account of, or in connection with, the commencement of the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023. (2) Without limiting subsection (1), the Governor may, by regulation— (a) prescribe procedures that will apply as if they were procedures made by AEMO under section 144 of the National Energy Retail Law (South Australia); and (b) vary or revoke procedures made by AEMO under section 144 of that Law. (3) A regulation under subsection (2) may only apply to or in relation to a relevant entity. (4) In the event of an inconsistency between a regulation made under subsection (1) or (2) and any provision of the National Energy Retail Law (South Australia) (or any instrument made under that Law), the regulation will apply to the extent of the inconsistency. (5) A provision of a regulation made under this section may, if the regulation so provides, take effect from the commencement of the National Energy Retail Law (South Australia) or from a later day. (6) To the extent to which a provision takes effect under subsection (5) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. Schedule—National Energy Retail Law Division 1—Citation and interpretation 1—Citation This Law may be cited as the National Energy Retail Law. 2—Interpretation (1) In this Law— AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia; AEMO means Australian Energy Market Operator Limited (ACN 072 010 327); AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth; AER Exempt Selling Guidelines—see section 118; AER exempt selling regulatory function or power means a function or power performed or exercised by the AER under Division 6 or 7 of Part 5 and the Rules relating to exemptions from the requirement to hold a retailer authorisation, including (but not limited to) the following: (a) a decision whether to grant, vary or revoke an individual exemption; (b) a decision whether to impose, vary or revoke conditions on an individual exemption; (c) a decision whether to make, vary or revoke a determination specifying deemed exemptions or registrable exemptions, including any associated conditions; (d) a decision to make or vary the AER Exempt Selling Guidelines; AER regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules that relates to— (a) the AER performance regime under Division 2 of Part 12; (b) a retailer authorisation under Part 5; (c) an AER exempt selling regulatory function or power; (d) the AER Retail Pricing Information Guidelines and price comparator; (e) approval of deemed AER approved standard connection contracts under Division 5 of Part 3; (f) the RoLR scheme under Part 6; (g) the AER trial waiver functions under Part 5A; AER Retail Pricing Information Guidelines—see section 61; AER Retailer Authorisation Guidelines—see section 117; annual turnover has the same meaning as in section 2(1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth; application Act means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law; associate of a retailer or distributor includes— (a) an employee or agent of the retailer or distributor; and (b) a person contracted by the retailer or distributor; and (c) a person who receives or is contracted to receive commissions from the retailer or distributor; business customer means a customer who is not a residential customer; business day means a day that is not: (a) a Saturday or Sunday; or (b) observed as a public holiday on the same day in each of the participating jurisdictions (except the Commonwealth); business premises means premises of a business customer, other than premises used solely or principally for personal, household or domestic use; carry-over customer means a small customer who continues consuming energy at premises after the customer's previously current customer retail contract expires or terminates— (a) without provision in that contract for the terms and conditions to apply after expiry or termination for the continued provision of those services; and (b) without applying to a retailer for the provision (after that expiry or termination) of those services; Centrepay means the voluntary direct deduction facility operated by Centrelink; civil monetary liability means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings, but does not include— (a) a liability for a civil penalty; or (b) an infringement penalty under provisions applied by this Law; or (c) a liability for the costs of a proceeding; civil penalty—see section 4A; civil penalty provision has the meaning given by section 4(1); Commonwealth Minister means the Minister of the Commonwealth administering the Australian Energy Market Act 2004 of the Commonwealth; conduct provision has the meaning given by section 4(2); connection means a physical link between a distribution system and a customer's premises to allow the flow of energy; connection alteration means an alteration to an existing connection, including an addition, upgrade, extension, expansion, augmentation or any other kind of alteration; Court means— (a) where this Law applies as a law of the Commonwealth, the Federal Court; (b) where this Law applies as a law of a participating jurisdiction that is a State or a Territory, the Supreme Court of that jurisdiction; covered gas has the same meaning as in the NGL; customer—see section 5; customer connection contract means a contract between a distributor and a customer of the kind referred to in section 67; customer connection service for premises means any or all of the following: (a) a service relating to a new connection for the premises; (b) a service relating to a connection alteration for the premises; (c) a supply service for the premises, including (but not limited to) the energisation, de‑energisation or re‑energisation of the premises; (d) a service prescribed by the Rules as a customer connection service for the purposes of this definition; customer hardship policy means a customer hardship policy approved under Division 6 of Part 2; customer retail contract means a contract between a small customer and a retailer of a kind referred to in section 20 for the provision of customer retail services for particular premises; customer retail service means the sale of energy by a retailer to a customer at premises; declared wholesale gas market has the same meaning as in the NGL; de-energisation or disconnection of premises means— (a) in the case of electricity—the opening of a connection; or (b) in the case of gas—the closing of a connection, in order to prevent the flow of energy to the premises; deemed AER approved standard connection contract means a customer connection contract that is taken to be entered into under section 76; deemed customer retail arrangement—see section 54; deemed standard connection contract means a customer connection contract that is taken to be entered into under section 70; delivery point identifier means the meter installation identification as defined under the relevant Retail Market Procedures within the meaning of the NGL and made under the NGR; designated retailer for a small customer's premises means— (a) in a case where there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11(3)); or (b) in a case where there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises; disconnection—see the definition of de‑energisation; distribution system means— (a) for a distributor who is a regulated distribution system operator within the meaning of the NEL—a distribution system within the meaning of the NEL; or (b) for a distributor who is a service provider within the meaning of the NGL who owns, operates or controls a distribution pipeline that is a scheme pipeline under that law—a distribution pipeline within the meaning of the NGL; or (c) for a nominated distributor under section 12—the nominated distribution system that is specified under that section; distributor means— (a) a regulated distribution system operator within the meaning of the NEL; or (b) a service provider within the meaning of the NGL who owns, operates or controls a distribution pipeline that is a scheme pipeline under that Law; or (c) a nominated distributor, to the extent provided by section 12; distributor service standards means service standards imposed on distributors by or under energy laws, including, for example, service standards relating to the following: (a) the frequency and duration of supply interruptions; (b) the timely notice of planned interruptions; (c) the quality of supply (excluding frequency) for electricity (including voltage variations); (d) wrongful de‑energisation; (e) timeframes for de‑energisation and re‑energisation; (f) being on time for appointments; (g) response times for fault calls; (h) the provision of fault information; energisation of premises means— (a) in the case of electricity—the closing of a connection; or (b) in the case of gas—the opening of a connection, in order to allow the flow of energy to the premises; energy means electricity or gas or both; energy laws includes— (a) national energy legislation; and (b) jurisdictional energy legislation; and (c) the Rules, the NER and the NGR; and (d) instruments made under this Law, the Rules, the NER and the NGR (including the Retail Market Procedures); energy marketing activity means an activity that is carried on to market, advertise or promote— (a) customer connection services; or (b) customer retail services; or (c) a supplier or prospective supplier of customer connection services or customer retail services, to a small customer; energy ombudsman means a body or person prescribed by the National Regulations as an energy ombudsman; Energy Security Board means the Energy Security Board referred to in section 2(1) of the NEL; entry criteria (in relation to retailer authorisations)—see section 90; exempt seller means a person who is exempted by the AER under Division 6 of Part 5 from the requirement to hold a retailer authorisation; explicit informed consent—see section 39; financially responsible retailer for premises means— (a) in the case of electricity—the retailer who is the financially responsible Market Participant responsible for the premises under the NER; or (b) in the case of gas—the retailer who is responsible for settling the account for gas withdrawn from the delivery point (however described) associated with the premises under the relevant Retail Market Procedures; gas means the following: (a) natural gas; (b) a natural gas equivalent; (c) a prescribed covered gas; GSL scheme means a scheme set out in energy laws under which there are distributor service standards to which an associated payment (a Guaranteed Service Level payment or GSL payment) is payable by a distributor to the customer where the distributor fails to meet the service standard; hardship customer means a residential customer of a retailer who is identified as a customer experiencing financial payment difficulties due to hardship in accordance with the retailer's customer hardship policy; hardship program indicators means the hardship program indicators under section 287; initial National Energy Retail Rules means the Initial National Energy Retail Rules made under Part 10 Division 3; innovative trial principles—see section 13A; jurisdictional energy legislation means legislation of a participating jurisdiction (other than national energy legislation), or any instrument made or issued under or for the purposes of that legislation, that regulates energy in that jurisdiction; jurisdictional gas legislation has the same meaning as in the NGL; jurisdictional regulator means a body or person that is prescribed by the National Regulations as a jurisdictional regulator; large customer—see section 5; life support equipment means life support equipment of a kind or kinds defined in the Rules; local area retailer means a retailer nominated under section 11; local instrument means a regulation, rule, order, declaration or other instrument made under an application Act, but does not include the National Regulations; See also subsection (6). lower consumption threshold—see sections 5 and 6; Provisions for determining and reviewing the consumption thresholds are contained in the National Regulations. Provisions for applying the thresholds are contained in the Rules. market offer means an offer by a retailer to a small customer to provide customer retail services under a market retail contract; market offer prices means the tariffs and charges that a retailer charges a small customer for or in connection with the sale of energy to a small customer under a market retail contract; market retail contract means a customer retail contract referred to in section 33; MCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows: (a) 1 Minister from the Commonwealth; (b) 1 Minister from each State (totalling 6 Ministers); (c) 1 Minister from each Territory (totalling 2 Ministers), acting in accordance with its own procedures; MCE directed review means a review conducted by the AEMC under Division 4 of Part 9; MCE statement of policy principles means a statement of policy principles issued by the MCE under section 14; meter identifier means— (a) in the case of electricity—the NMI; or (b) in the case of gas—the MIRN or the delivery point identifier; Minister of a participating jurisdiction—see section 10; MIRN means the meter installation registration number as defined under the relevant gas Retail Market Procedures; move-in customer means a small customer who starts consuming energy at premises without first applying to a retailer for the provision of customer retail services; national energy legislation means— (a) the national energy retail legislation; and (b) the national electricity legislation as defined in the NEL; and (c) the national gas legislation as defined in the NGL; national energy retail legislation means— (a) this Law as applying, by the application Act of a participating jurisdiction, as a law of that jurisdiction; and (b) the National Regulations; and (c) the application Act of a participating jurisdiction; and (d) the local instruments of a participating jurisdiction; national energy retail objective means the objective set out in section 13; National Energy Retail Regulations or National Regulations means the Regulations made under Part 11; National Energy Retail Rules or Rules means— (a) the initial National Energy Retail Rules; and (ab) Rules made under Part 10 Division 3 Subdivision 2; and (b) Rules made by the AEMC under this Law, including Rules that amend or revoke— (i) the initial National Energy Retail Rules or Rules made under Part 10 Division 3 Subdivision 2; or (ii) Rules made by it; natural gas has the same meaning as in the NGL; natural gas equivalent—see section 2A; negotiated connection contract means a customer connection contract that is entered into in accordance with section 78; NEL means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia; NER means the National Electricity Rules as in force from time to time under the NEL; network charges means charges that a distributor is entitled to charge for customer connection services— (a) for gas, under the distributor's access arrangement and Parts 12 and 12A of the NGR; and (b) for electricity, under Chapters 5A and 6 of the NER; new connection means a connection established or to be established, in accordance with energy laws, where there is no existing connection; NGL means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; NGR means the National Gas Rules as in force from time to time under Chapter 9 of the NGL; NMI means a national metering identifier as defined in the NER; nominated distributor—see section 12; offence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court; participating jurisdiction means a jurisdiction that is a participating jurisdiction by reason of section 9; payment plan means a plan for— (a) a hardship customer; or (b) a residential customer who is not a hardship customer but who is experiencing payment difficulties, to pay a retailer, by periodic instalments in accordance with the Rules, any amounts payable by the customer for the sale and supply of energy; prepayment meter market retail contract means a market retail contract in respect of particular premises to which energy is supplied using a prepayment meter system; prepayment meter system means a device, componentry, software or other mechanism that operates to permit the flow of energy through a meter after prepayment and when activated by a card, code or some other method; prescribed covered gas means a covered gas, other than natural gas, prescribed for this definition by the National Regulations that has not, for a participating jurisdiction, been excluded by a local instrument of the jurisdiction; price comparator—see section 62; Public Register of Authorised Retailers and Exempt Sellers—see section 119; reconnection—see the definition of re‑energisation; re‑energisation or reconnection of premises means the energisation of the premises after their de‑energisation; regulated entity means— (a) a retailer; or (b) a distributor; or (c) any other person identified in the Rules as a regulated entity; residential customer means a customer who purchases energy principally for personal, household or domestic use at premises; retail consultation procedure means the consultation procedure prescribed by the Rules; retail marketer means a retailer or an associate of a retailer; Retail Market Procedures means— (a) in the case of electricity—the Retail Market Procedures within the meaning of the NER; and (b) in the case of gas—the Retail Market Procedures within the meaning of the NGL and made under the NGR; retailer means a person who is the holder of a retailer authorisation; retailer authorisation means a retailer authorisation issued under Part 5; revocation process—see section 120; shared customer, in relation to a distributor and a retailer, means a person who is a customer of the retailer and whose premises are connected to the distributor's distribution system; short term trading market for gas has the same meaning as in the NGL; small customer—see section 5; small market offer customer—see section 5; South Australian Minister means the Minister of the Crown in right of South Australia administering Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia; standard complaints and dispute resolution procedures—see section 81; standard retail contract means a customer retail contract that takes effect under section 26 as a contract between a small customer and a designated retailer; standing offer—see section 22; standing offer prices means 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 a standard retail contract; Territory means the Australian Capital Territory or the Northern Territory; this jurisdiction—see the definition of that term in the application Act of each participating jurisdiction; trial project means a project— (a) that— (i) the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or (ii) the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and (b) tests an approach in relation to customer connection services or customer retail services; trial Rule—see section 235; trial waiver—see section 121C; Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal; upper consumption threshold—see sections 5 and 6; Provisions for determining and reviewing the consumption thresholds are contained in the National Regulations. Provisions for applying the thresholds are contained in the Rules. (2) A reference in this Law to the sale and supply of energy includes a reference to the sale or supply of energy. (3) A reference in this Law to a customer (including a reference to a small customer or a large customer) includes a reference to a prospective customer. (4) A reference in this Law to the premises of a customer in the context of a customer retail contract or customer connection contract is a reference to the premises of the customer to which the contract relates, but does not include a reference to other premises of the customer. (5) To avoid doubt, a customer can be a residential customer in respect of particular premises and a business customer in respect of other premises. (6) The Minister responsible for administering the application Act (other than the application Act of South Australia) under which a local instrument is made is to make arrangements for notice of the making and publication of the instrument to be published for information in the South Australian Government Gazette. (7) A local instrument may provide that a prescribed covered gas is not a prescribed covered gas in the relevant participating jurisdiction. 2A—Natural gas equivalent (1) A covered gas is a natural gas equivalent if the gas is suitable for use as natural gas and— (a) the gas has been prescribed by a local instrument for use in a jurisdiction or a specified area in the jurisdiction as a natural gas equivalent; or (b) the gas is supplied through an existing distribution system or an extension of an existing distribution system. (2) The following are not natural gas equivalents: (a) natural gas; (b) a prescribed covered gas. existing distribution system means a distribution system that— (a) on the NGL extension date was a natural gas distribution system; and (b) after the NGL extension date is authorised to haul a covered gas, other than natural gas or a prescribed covered gas; NGL extension date means the date on which the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 commenced. 3—Application of Law, National Regulations and Rules in this jurisdiction This Law, the National Regulations and the Rules apply in this jurisdiction except to the extent provided by or under the application Act of this jurisdiction or any other Act of this jurisdiction. This Law, the National Regulations and the Rules are, in their application to a jurisdiction, to be read in conjunction with the application Act and jurisdictional energy legislation of the jurisdiction. 3A—Application to prescribed covered gas The National Regulations may modify the way that this Law, the National Regulations and the Rules apply to a prescribed covered gas. 4—Meaning of civil penalty provision and conduct provision (1) A civil penalty provision is— (a) a provision of this Law specified in the Table at the foot of this subsection; or (b) a provision of this Law (other than an offence provision) or the Rules that is prescribed by the National Regulations to be a civil penalty provision. Provision Section heading Section 20(2) Kinds of customer retail contracts Section 22(1) and (3) Obligation to make offer to small customers Section 23(1) Standing offer prices Section 25(1) Adoption of form of standard retail contract Obligation to comply with standard retail contract Requirement for explicit informed consent for certain transactions Section 43(2) and (3)(b) Customer hardship policies Section 50(1) Payment plans Section 53(2) Energy Marketing Rules Contractual arrangements for use of prepayment meter systems Section 59(1) Persons on life support equipment AER information gathering powers for pricing guidelines and comparator Obligation to provide customer connection services Section 69(1) Adoption of form of deemed standard connection contract Section 71(1) Obligations to comply with deemed standard connection contract and to bill retailer Requirement for authorisation or exemption Section 103(8) Deciding transfer application Section 105(9) Surrender of retailer authorisation Transfer of customers following surrender Transfer of customers following revocation Section 112(2) Conditions Section 120(11) Revocation process—retailer authorisations and exemptions Section 143(2)(a) Compliance requirements following service of RoLR notice Compliance with RoLR regulatory information notices Section 274(1) Obligation of regulated entities to provide information and data about compliance Section 276(1), (2) and (4) Compliance audits by regulated entities Section 282(1) Obligation of regulated entities to provide information and data about performance (2) A conduct provision is a provision of this Law (other than an offence provision) or the Rules that is prescribed by the National Regulations to be a conduct provision. 4A—Civil penalty amounts for breaches of civil penalty provisions (1) Subject to this section, the civil penalty for a breach of a civil penalty provision is— (a) in the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b) or (c)— (i) if the breach is by a natural person— (A) an amount not exceeding $33 900; plus (B) an amount not exceeding $3 390 for every day during which the breach continues; (ii) if the breach is by a body corporate— (A) an amount not exceeding $170 000; plus (B) an amount not exceeding $17 000 for every day during which the breach continues; or (b) in the case of a breach of a civil penalty provision prescribed by the National Regulations for the purposes of this paragraph— (i) if the breach is by a natural person— (A) an amount not exceeding $287 000; plus (B) an amount not exceeding $14 400 for every day during which the breach continues; (ii) if the breach is by a body corporate— (A) an amount not exceeding $1 435 000; plus (B) an amount not exceeding $71 800 for every day during which the breach continues; or (c) in the case of a breach of a civil penalty provision prescribed by the National Regulations for the purposes of this paragraph— (i) if the breach is by a natural person—an amount not exceeding $500 000; (ii) if the breach is by a body corporate—an amount not exceeding the greater of the following— (A) $10 000 000; (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12‑month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision. See section 300A, which provides for the amounts specified in this subsection to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website. (2) Subsection (1)(c)(ii)(B) or (C) will only apply in a particular case if the AER, in applying for an order under section 291(2)(a), requests that those provisions be applied in that particular case. 5—Meaning of customer and associated terms (1) A customer is a person— (a) to whom energy is sold for premises by a retailer; or (b) who proposes to purchase energy for premises from a retailer. (2) A small customer is a customer— (a) who is a residential customer; or (b) who is a business customer who consumes energy at business premises below the upper consumption threshold. (3) A large customer is a business customer who consumes energy at business premises at or above the upper consumption threshold. (4) A small market offer customer is a small customer who is a business customer who consumes energy at or above the lower consumption threshold. 6—Provisions relating to consumption thresholds for business customers (1) This section applies for the purposes of the consumption thresholds referred to in section 5. (2) The National Regulations may— (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. (3) The upper consumption thresholds may apply (in relation to the provision of customer retail services to a business customer) on the basis of an aggregation of 2 or more business premises of a business customer in accordance with the Rules. (4) Without limitation— (a) National Regulations made for the purposes of subsection (2); and (b) Rules made for the purposes of subsection (3), may differ in their application to different classes of business customers or different regulatory requirements, or both. 7—Classification and reclassification of customers The Rules may make provision for or with respect to the classification and reclassification of customers, including, for example— (a) whether a person is a residential customer by reference to whether the person purchases energy principally for personal, household or domestic use at premises; or (b) whether a business customer is a small customer or a large customer; or (c) whether a business customer is a small market offer customer. 7A—Related bodies corporate For the purposes of this Law, 2 or more bodies corporate are related to each other if they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth. 8—Interpretation generally (1) Schedule 2 to the NGL applies to this Law, the National Regulations and the Rules and any other statutory instrument made under this Law in the same way as it applies to the NGL and the regulations, rules and any other statutory instruments made under the NGL. (2) For that purpose— (a) (without limiting subsection (1)) a reference in that Schedule to the NGL or NGR (however expressed) is taken to be a reference to this Law or the Rules respectively; and (b) clauses 2, 29, 40(3) and 52, and Part 7 of that Schedule are taken to be omitted; and (c) the definition of business day in clause 10 is taken to be omitted. See section 320 of this Law which applies instead of clauses 2 and 52 of Schedule 2 to the NGL. 8A—Savings and transitionals