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