This Act applies the National Energy Retail Law (as set out in the South Australian schedule) to Tasmania but with local changes. It makes that national law — and related regulations and rules — operate in Tasmania for electricity (not gas) to premises on the national grid, extends AER powers, and gives the Governor and Minister power to make local regulations. Mechanically it converts many existing tariff and market contracts into the new standard or market retail contracts, validates certain past AER actions, mandates some local consumer protections (for example waiving late fees for eligible customers), and authorises information‑sharing between the State Regulator and the AER (see ss 4,16–19,27–35,36).
This Act adopts the National Energy Retail Law (NERL) into Tasmanian law, with Tasmania-specific modifications, transitional rules and administrative arrangements. Section 4 imports the National Energy Retail Law, as set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011, to operate in Tasmania “with the modifications set out in Part 4” and to be treated as part of this Act (s 4). The Act also brings the NERL regulations into force in Tasmania as the National Energy Retail Regulations (Tasmania) and permits Tasmania to modify how those regulations apply (s 6).
Mechanically, the Act does the following things:
Declares the NERL to apply as Tasmanian law (s 4), and fixes terminology so that terms used in this Act and in the NERL schedule share meanings (s 3(2), s 8).
Provides for parliamentary notice of amendments to the South Australian NERL, NERL regulations and National Energy Retail Rules, by requiring the Minister to table such amendments in both Houses within 10 sitting-days (ss 5 and 7).
Gives the Governor broad regulation-making power to make or modify regulations needed to give effect to the NERL as the application Act in Tasmania, including the power to make regulations imposing standards on distributors, and to insert, omit or modify provisions of the National Energy Retail Rules as they apply in Tasmania (s 12).
Modifies the content and scope of the South Australian Energy Retail Law as it applies in Tasmania (Part 4). Key explicit modifications include excluding gas from coverage (s 16) and limiting application to premises connected to the national electricity system (s 17). It also creates Tasmania-specific definitions and arrangements for “regulated offer retailers” and standing offer prices (s 17A, s 18).
Current sections
Direct links to the current provisions in National Energy Retail Law (Tasmania) Act 2012.
The provisions of this Act commence on a day or days to be proclaimed.
3
Interpretation
3 Interpretation
(1) In this Act –
National Energy Retail Law (Tasmania) means the provisions applying in this jurisdiction because of section 4 .
(2) Terms used in this Act and also the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia have the same meanings in this Act as they have in that Law.
(3) This section does not apply to the extent that the context or subject matter otherwise indicates or requires.
(a) applies as a law of this jurisdiction, with the modifications set out in Part 4 ; and
(b) as so applying may be referred to as the National Energy Retail Law (Tasmania); and
(c) so applies as if it were part of this Act.
5
Amendments to National Energy Retail Law
5 Amendments to National Energy Retail Law
(1) The Minister is to cause any amendment to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia to be tabled in each House of Parliament within 10 sitting-days from the date on which the amendment receives the Royal Assent in South Australia.
(2) Nothing in this section affects the operation of section 4 .
6
Application of regulations under National Energy Retail Law
6 Application of regulations under National Energy Retail Law
The regulations, made under the National Energy Retail Law, as amended from time to time –
(a) apply as regulations in force for the purposes of the National Energy Retail Law (Tasmania) with the modifications, if any, set out in regulations under section 12(6) ; and
(b) as so applying may be referred to as the National Energy Retail Regulations (Tasmania).
7
Amendments to certain instruments under National Energy Retail Law
7 Amendments to certain instruments under National Energy Retail Law
(1) The Minister is to cause any amendment to the regulations, made under the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, to be tabled in each House of Parliament within 10 sitting-days from the date on which the amendment is published by the South Australian Government Printer.
(2) The Minister is to cause any amendment to the National Energy Retail Rules, made under the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, to be tabled in each House of Parliament within 10 sitting-days from the date on which notice of the amendment is published under that Law.
(3) Nothing in this section affects the operation of sections 6 and 12 .
8
Interpretation of certain expressions
8 Interpretation of certain expressions
In the National Energy Retail Law (Tasmania) and the National Energy Retail Regulations (Tasmania) –
National Energy Retail Law or this Law means the National Energy Retail Law (Tasmania);
the jurisdiction or this jurisdiction means Tasmania.
9
Exclusion of legislation of this jurisdiction and South Australia
9 Exclusion of legislation of this jurisdiction and South Australia
(1) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to –
(i) the provisions of this Act other than the National Energy Retail Law (Tasmania); or
(ii) instruments made under the provisions of this Act other than the National Energy Retail Law (Tasmania); and
(b) subsection (2)(b) does not limit the application of the Subordinate Legislation Act 1992 toinstruments made under the provisions of this Act other than the National Energy Retail Law (Tasmania).
Part 3
Related Matters
Part 3 Related Matters
10
Extension of AER functions and powers
10 Extension of AER functions and powers
(1) In this section, a reference to the applicable provisions is a reference to –
(a) Parts 8, 12, 13, 14 and 15 of the National Energy Retail Law (Tasmania); and
(b) any other provision of the National Energy Retail Law (Tasmania) that is prescribed by regulations for the purpose of this subsection.
(2) The applicable provisions apply as if a reference, in any such provision, to this Law or to the National Energy Retail Law, included (except in relation to a person or a sale of electricity to which section 23 applies) a reference to –
(b) a provision prescribed by regulations for the purpose of subsection (2)(b) .
(4) Without limiting subsection (2) or Division 2 of Part 8 of the National Energy Retail Law (Tasmania), the AER may require to be provided or produced by a person under that Division information, or a document, that relates to a matter that arose before the commencement of this section.
11
Extension of reading-down provision
11 Extension of reading-down provision
(1) Section 320 of the National Energy Retail Law (Tasmania) has effect in relation to the operation of any provision of this Act as if the provision formed part of that Law.
(2) Subsection (1) does not limit the effect that a provision would validly have apart from the subsection.
12
Regulation-making power for purposes of National Energy Retail Law (Tasmania), &c.
12 Regulation-making power for purposes of National Energy Retail Law (Tasmania), &c.
(1) The Governor may make –
(a) such regulations, including regulations constituting local instruments, as are contemplated by the National Energy Retail Law (Tasmania), or an instrument made under that Law, as being made under this Act as the application Act of this jurisdiction; and
(b) regulations for or in respect of any other matter or thing that is required or permitted by this Act to be prescribed or that is necessary to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1) , regulations made under that subsection may provide for or in respect of –
(a) the provision of services to customers by distributors, including requirements and standards to be met before and while services are being provided; and
(b) the payment of compensation to customers by distributors when standards referred to in paragraph (a) are not met.
(3) In addition, the Governor may make regulations that modify the application of the National Energy Retail Rules, to the extent they apply as part of the law of this jurisdiction.
(4) A modification under subsection (3) may include the insertion, omission, substitution or relocation of provisions, words or matter.
(5) In addition, the Governor may make regulations of an application, savings or transitional nature relating to the transition from the application of provisions of the energy laws to the application of provisions of –
(a) this Act (including the National Energy Retail Law (Tasmania)); and
(b) the National Energy Retail Rules to the extent they apply as part of the law of this jurisdiction.
(6) A regulation may modify the application of the National Regulations, to the extent they apply as part of the law of this jurisdiction, to remove any inconsistency between –
(a) a regulation made under subsection (5) and a provision of the National Regulations that is of an application, savings or transitional nature; or
(b) a provision in Part 5 and a provision of the National Regulations that is of an application, savings or transitional nature.
(7) The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
(8) The regulations may authorise any matter to be from time to time determined, applied or regulated by any person or body specified in the regulations.
(9) The regulations may require an action to be taken in accordance with another instrument made under the National Energy Retail Law (Tasmania).
13
Validation of instruments and decisions made by AER
13 Validation of instruments and decisions made by AER
(1) This section applies to an instrument or a decision made by the AER if –
(ii) before the time (the application time) that the National Energy Retail Law first started to apply under this Act as a law of this jurisdiction; and
(b) had the National Energy Retail Law started so to apply, the making of the instrument or decision would have been authorised by one of the following laws (the authorising law):
(i) the National Energy Retail Law (Tasmania);
(ii) the National Energy Retail Regulations (Tasmania);
(iii) this Act;
(iv) an instrument made or having effect under this Act; and
(c) where the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements), the AER has done anything that would, if the National Energy Retail Law had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.
(2) For the purposes of the authorising law –
(a) the instrument or decision is taken to be valid; and
(b) the instrument or decision has effect from the application time –
(i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and
(ii) subject to that law as so applying.
(3) For this section –
(a) guidelines are an example of an instrument; and
(b) the following are examples of decisions:
(i) appointments;
(ii) determinations;
(iii) approvals.
14
AER – authorisation of preparatory steps
14 AER – authorisation of preparatory steps
(1) This section applies if –
(a) the AER is required to do something (a preparatory step) before making a decision or making an instrument under one of the following (the authorising law):
(i) the National Energy Retail Law (Tasmania);
(ii) the National Energy Retail Regulations (Tasmania);
(iii) this Act;
(iv) an instrument made or having effect under this Act; and
The South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, does not apply in relation to gas.
17
Law only applies to premises connected, &c., to national electricity grid
17 Law only applies to premises connected, &c., to national electricity grid
The South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, only applies in relation to the sale or supply of electricity to customers whose premises are connected, or are to be connected, to the interconnected national electricity system within the meaning of the NEL.
17A
Modification of provisions of Law to apply to regulated offer retailers
17A Modification of provisions of Law to apply to regulated offer retailers
(1) In section 2 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, the definition of designated retailer is to be taken to be substituted by the following definition:
| designated retailerfor a small customer's premises means – |
| (a) if there is no existing connection for the premises – the regulated offer retailer in respect of the premises; or |
| (b) if there is an existing connection for the premises (including where a connection alteration to an existing connection is required) – |
| (i) the financially responsible retailer for the premises; and |
| (ii) the regulated offer retailer in respect of the premises; |
(2) In section 2 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, the following definition is to be taken to be inserted after the definition of regulated entity:
regulated offer retailer, in respect of premises, means the authorised retailer that is the regulated offer retailer in respect of the premises by virtue of an order made under section 38B of the Electricity Supply Industry Act 1995 ;
(3) In section 11 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, for subsection (1) there is to be substituted the following subsection:
| (1) An order made under section 38C of the Electricity Supply Industry Act 1995 must nominate a regulated offer retailer as a local area retailer for this jurisdiction for the purposes of this Law. |
(4) In section 54 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, after subsection (6) there is to be inserted the following subsection:
| (7) As soon as practicable after becoming aware that a small customer is consuming energy under a deemed customer retail arrangement, the financially responsible retailer for the premises must advise the customer of the customer's right to enter into, with the regulated offer retailer in respect of the premises, a standard retail contract containing standing offer prices. |
for the purposes of that Law, as that Law applies as a law of this jurisdiction, the reference to the standing offer prices is to be taken, in relation to the customer, to be a reference to the standing offer prices, fixed, or as amended, under section 40 of the Electricity Supply Industry Act 1995 , that apply in relation to the class of customers of which the customer is a member.
pensioner means the holder of a pensioner concession card issued under the Social Security Act 1991 of the Commonwealth or as a fringe benefit under the Veterans' Entitlements Act 1986 of the Commonwealth.
(2) Despite anything to the contrary in the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, a retailer must waive a fee or charge for the late payment by a customer of an amount owed by the customer to the retailer for electricity supplied to the customer, if –
(a) the customer holds a health care card within the meaning of the Social Security Act 1991 of the Commonwealth; or
(b) the customer is receiving, as a pensioner, a concession on the customer's accounts with the retailer; or
(c) the customer is on a payment plan; or
(d) the customer has died, the account with the customer has been suspended or the amount owed is set out in a final account to the customer.
20
Small market offer customers
20 Small market offer customers
Section 31 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, does not apply in this jurisdiction.
21
Prepayment meter systems
21 Prepayment meter systems
(1) The regulations may prescribe the provisions, of energy laws, that –
(a) are not to apply, to prepayment meter systems of a kind specified in the regulations, for the purposes of section 58 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction; or
(b) with the modifications specified in the regulations, are to apply, to prepayment meter systems of a kind specified in the regulations, for the purposes of section 58 of that Law, as that Law applies as a law of this jurisdiction.
(2) If a regulation is made for the purpose of subsection (1) specifying that a provision of an energy law is not to apply to prepayment meter systems of a kind specified in the regulations, the provision is not to be taken, for the purposes of section 58 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, to be a provision of an energy law for the purposes of that section in relation to such a prepayment meter system.
(3) If a regulation for the purposes of subsection (1) specifying that a provision of an energy law, as modified in the regulation, is to apply to prepayment meter systems of a kind specified in the regulations, the provision is only to be taken for the purposes of section 58 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, to be a provision of an energy law for the purposes of that section as the provision is so modified in the regulation.
(4) Regulations for the purposes of this section may impose on the holder of a retailer authorisation an obligation to report to the Regulator, within the meaning of the Electricity Supply Industry Act 1995 , in respect of matters relating to prepayment meter systems.
22
Consumption thresholds
22 Consumption thresholds
(1) The regulations may determine, or may make provision for determining, the upper consumption thresholds for the purposes of section 5 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction.
(2) If the upper consumption thresholds for the purposes of section 5 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, are determined in or under regulations made for the purposes of subsection (1) , the upper consumption thresholds so determined are, despite section 6 of the South Australian Energy Retail Law, the upper consumption thresholds for the purposes of that Law, as that Law applies as a law of this jurisdiction.
(3) Without limiting the effect of subsection (1) , regulations made for the purposes of that subsection may differ in their application to different classes of business customers or different regulatory requirements, or both.
(4) A provision made by the National Regulations under section 6 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, is of no effect in this jurisdiction to the extent that the provision is inconsistent with a regulation made for the purposes of subsection (1) .
23
Application of Law to certain sellers of electricity
23 Application of Law to certain sellers of electricity
(1) Subject to this section, this section applies in relation to persons who are members of the following classes of persons:
(a) persons retailing electricity who do not use, beyond the point of purchase of the electricity, any facilities that are used by another person holding a licence under the Electricity Supply Industry Act 1995 authorising the transmission or distribution of electricity;
(b) persons who sell electricity only to –
(i) a retailer; or
(ii) a person who holds a licence under the Electricity Supply Industry Act 1995 authorising the sale of electricity in the Bass Strait Islands.
(2) This section also applies in relation to sales of electricity that are within any of the following classes of sales of electricity:
(a) the sale of electricity generated by an electricity generating plant that is prescribed under the Electricity Supply Industry Act 1995 to be an electricity generating plant of historic significance;
(b) the sale of electricity by the owner of a caravan park to a person occupying a site within the park;
(c) the sale of electricity by the owner of a building to a person occupying part of the building;
(d) the sale of electricity by the owner or manager of a shopping centre to tenants of the centre.
(3) Section 88 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, does not apply in this jurisdiction in respect of –
(a) persons who are members of a class of persons to which this section applies; or
(b) sales of electricity of a class of sales of electricity to which this section applies –
until this section ceases to apply in relation to that class of person or sales.
(4) An exemption may not be issued under section 110 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, in respect of –
(a) persons who are members of a class of persons to which this section applies; or
(b) a sale of electricity that is a sale of a class to which this section applies –
until this section ceases to apply in relation to that class of persons or sales.
(5) The Governor, by order, may declare that this section ceases to apply in relation to a class of persons, or a class of sales, that is specified in the notice, on and from the date specified in the order as the day on and from which this section ceases to apply to that class.
(6) The Minister must cause an order made under subsection (5) to be laid before each House of Parliament within the first 10 sitting-days of the House after it is made.
(7) An order made under subsection (5) is of no effect until it has been approved by both Houses of Parliament.
(8) For the purposes of subsection (7) , a House of Parliament is taken to have approved an order made under subsection (5) , a copy of which has been laid on the table of that House, if –
(a) it is approved by that House; or
(b) at the expiration of 15 sitting-days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or negatived; or
(c) where a notice of a motion to disallow it is given during that period of 15 sitting-days, the notice is, after the expiration of that period, withdrawn or negatived.
(9) If an order made under subsection (5) has effect in relation to a class of persons or sales, this section ceases to apply in relation to that class from the date specified in the order as the date on and from which this section ceases to apply to that class.
24
Small compensation claims
24 Small compensation claims
(1) Subject to this section, Part 7 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, does not apply in this jurisdiction.
(2) The Governor, by order, may declare that Part 7 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, applies in this jurisdiction on and from the date specified in the order as the day on and from which that Part is to apply in this jurisdiction.
(3) The Minister must cause an order made under subsection (2) to be laid before each House of Parliament within the first 10 sitting-days of the House after it is made.
(4) An order made under subsection (2) is of no effect until it has been approved by both Houses of Parliament.
(5) For the purposes of subsection (4) , a House of Parliament is taken to have approved an order made under subsection (2) , a copy of which has been laid on the table of that House, if –
(a) it is approved by that House; or
(b) at the expiration of 15 sitting-days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or negatived; or
(c) where a notice of a motion to disallow it is given during that period of 15 sitting-days, the notice is, after the expiration of that period, withdrawn or negatived.
(6) If an order made under subsection (2) has effect, Part 7 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, applies, and forms part of the National Energy Retail Law (Tasmania), from the date specified in the order as the date on and from which the Part is to apply in this jurisdiction.
Part 5
Savings and Transitional Provisions
Part 5 Savings and Transitional Provisions
Division 1
Interpretation
Division 1 Interpretation
25
Interpretation of Part 5
25 Interpretation of Part 5
In this Part –
commencement day means the day on which this Part commences;
connection and supply contract means a connection and supply contract, within the meaning of regulation 17A of the contestable customer regulations;
deemed distribution contract means a contract that, immediately before the commencement day, applied under regulation 17B of the contestable customer regulations;
former market contract means a contract, for the sale of electricity, in force immediately before the commencement day, that is not –
(a) a contract formed under section 39A of the ESI Act; or
(b) a former standing offer contract;
former prepayment meter market retail contract means a former market contract that relates to the use by a customer of a prepayment meter;
former standing offer contract means a standing offer contract within the meaning of the contestable customer regulations;
large offer contestable customer means a person who is, immediately before the commencement day, a large offer contestable customer within the meaning of the contestable customer regulations;
National Energy Retail Rules means the National Energy Retail Rules, as modified under section 12 , to the extent they apply as part of the law of this jurisdiction;
non-contestable customer means a person who is, immediately before the commencement day, a non-contestable customer within the meaning of the ESI Act;
premises includes an electrical installation within the meaning of the ESI Act;
retailer means a person who –
(a) immediately before the commencement day, holds a licence under the ESI Act authorising the retailing of electricity; and
(b) holds a retailer authorisation on the commencement day;
standing offer contestable customer means a person who is, immediately before the commencement day, a standing offer contestable customer within the meaning of the contestable customer regulations;
tariff contract means a contract –
(a) that is entered into by a customer with a retailer, within the meaning of the ESI Act, for the sale and supply of electricity to the customer at a price, and on conditions, fixed, or as amended, under section 38 of the ESI Act; or
(b) that is a former standing offer contract;
tariff customer means a person who is, immediately before the commencement day, a customer in relation to premises to which a tariff contract applies;
Application of section 16 of Acts Interpretation Act 1931
26 Application of section 16 of Acts Interpretation Act 1931
(1) Subject to subsection (2) , nothing in this Part is to be taken to limit the application of section 16 of the Acts Interpretation Act 1931 in relation to a person, matter or circumstance to which this Part applies.
(2) If a provision of section 16 of the Acts Interpretation Act 1931 is inconsistent with a provision of this Part, the provision of that section does not, to the extent of the inconsistency, apply in relation to a person, matter or circumstance to which the provision of this Part applies.
Division 2
Customers on tariff contracts
Division 2 Customers on tariff contracts
27
Tariff contracts between customers and retailers
27 Tariff contracts between customers and retailers
(1) Subject to this section, if a tariff contract between a customer and a retailer applies in relation to premises immediately before the commencement day –
(a) the tariff contract is terminated on the commencement day; and
(b) a standard retail contract in relation to the premises is to be taken to be entered into, on the commencement day, between the customer and the retailer; and
(c) a security deposit, within the meaning of the tariff customer regulations, paid by the customer in relation to the premises is to be taken to be a security deposit under theNational Energy Retail Rules that is provided by the customer in accordance with a requirement of the retailer made in accordance with those Rules; and
(d) a direct debit authorisation, given by the customer in relation to the tariff contract, that is in force immediately before the commencement day is to be taken, except to the extent that it relates to a period before the commencement day, to be a direct debit authorisation given for the purposes of the standard retail contract; and
(e) a payment plan entered into by the customer in relation to the tariff contract is to be taken, except to the extent that the plan relates to a period before the commencement day, to be a payment plan entered into under the standard retail contract; and
(f) the amount of any payment in advance paid by the customer, before the commencement day, in relation to the premises may be applied by the retailer after that day to satisfy a liability of the customer, in relation to the premises, that arose before or after that day; and
(g) a requirement, under the tariff contract, to make a payment in advance, which requirement would, but for the tariff contract being terminated under this section, arise after the commencement day, is to be taken to be a requirement in force under the standard retail contract.
(2) Despite subsection (1) , if a matter, relating to a tariff contract to which a customer was a party, was the subject of a complaint made, or a dispute entered into, under the contract before the commencement day, the matter is to continue to be dealt in accordance with that contract as if the contract continued to have effect.
(3) Despite subsection (1) , after the commencement day –
(a) a customer who was, immediately before the commencement day, a party to a tariff contract in relation to premises may make a complaint in relation to a matter, or dispute a matter, that arose under the contract before that day; and
(b) if a matter arose in part under the tariff contract and in part under the standard retail contract in relation to the premises, a customer who was a party to the tariff contract may –
(i) make a complaint in relation to all of the matter; or
(ii) raise a dispute in relation to all of the matter –
as if all of the matter arose under the tariff contract and that contract continued to have effect after the commencement day; and
(c) a complaint or dispute made or raised in accordance with this subsection is to be dealt with in accordance with the tariff contract as if the contract continued to have effect after the commencement day.
28
Contracts between distributors and customers on tariff contracts
28 Contracts between distributors and customers on tariff contracts
(1) Subsection (2) applies in relation to premises if, immediately before the commencement day –
(a) there is, in relation to the premises, a tariff contract between a retailer and a customer who is not a large offer contestable customer in relation to the premises; and
(b) there is no other contract, in relation to the premises, that is a connection and supply contract.
(2) If this subsection applies in relation to premises, the customer and the distributor in relation to the premises are to be taken to have, on the commencement day, entered into, in relation to the premises, the deemed standard connection contract that is published by the distributor under section 69 of the National Energy Retail Law (Tasmania).
(3) Subsection (4) applies in relation to premises if, immediately before the commencement day –
(a) there is, in relation to the premises, a tariff contract between a retailer and a customer who is not a large offer contestable customer in relation to the premises; and
(b) there is another contract, in relation to the premises, that is a connection and supply contract.
(4) If this subsection applies in relation to premises –
(a) the other contract, referred to in subsection (3)(b) , is, on and from the commencement day, to be taken to be a negotiated connection contract, in relation to the premises, that complies with the requirements of Part 5A of the National Electricity Rules; and
(b) the distributor is to be taken to have complied, in relation to the negotiated connection contract, with section 78 of the National Energy Retail Law (Tasmania).
Division 3
Customers, other than large offer contestable customers, on former market contracts
Division 3 Customers, other than large offer contestable customers, on former market contracts
29
Former market contracts between retailers and customers
29 Former market contracts between retailers and customers
(1) This subsection applies to a former market contract that –
(a) is not a former prepayment meter market retail contract; and
(b) immediately before the commencement day, applies, in relation to premises, between a retailer and a person who is not a large offer contestable customer in relation to the premises.
(2) A former market contract, in relation to premises, to which subsection (1) applies is, on and from the commencement day, to be taken to be a market retail contract in relation to the premises.
(3) If a term, or condition, of a contract that is to be taken under subsection (2) to be a market retail contract –
(a) is inconsistent with a provision of the National Energy Retail Rules that is a minimum requirement for market retail contracts; and
(b) confers on a customer a right that is greater, or imposes on a customer an obligation that is less onerous, than may be conferred by a term or condition that is consistent with the provision –
then, despite anything to the contrary in the National Energy Retail Law (Tasmania) or those Rules, the term or condition of the market retail contract continues to have effect and the provision is, to the extent of the inconsistency, of no effect in relation to the contract.
30
Contracts between distributors and customers on former market contracts
30 Contracts between distributors and customers on former market contracts
(1) Subsection (2) applies to a connection and supply contract that, immediately before the commencement day, applies in relation to premises, if, immediately before the commencement day –
(a) a former market contract that is not a prepayment meter market retail contract applies in relation to the premises; and
(b) the customer in respect of the premises is not a large offer contestable customer in relation to the premises.
(2) If this subsection applies to a connection and supply contract in relation to premises –
(a) the contract is, on and from the commencement day, to be taken to be a negotiated connection contract, in relation to the premises, that complies with the requirements of Part 5A of the National Electricity Rules; and
(b) the distributor is to be taken to have complied, in relation to the negotiated connection contract, with section 78 of the National Energy Retail Law (Tasmania).
(3) Subsection (4) applies in relation to premises if, immediately before the commencement day, a former market contract applies in relation to the premises in respect of a customer who is not a large offer contestable customer in relation to the premises.
(4) If, immediately before the commencement day, a deemed distribution contract applies, in relation to premises to which this subsection applies, between a distributor and a customer –
(a) the deemed distribution contract is terminated on the commencement day; and
(b) the customer and the distributor are to be taken to have, on the commencement day, entered into, in relation to the premises, the deemed standard connection contract that is published by the distributor under section 69 of the National Energy Retail Law (Tasmania).
31
Prepayment meter market retail contracts between retailers and customers
31 Prepayment meter market retail contracts between retailers and customers
(1) A former prepayment meter market retail contract, in relation to premises, between a retailer and a person who is not a large offer contestable customer in relation to the premises is, on and from the commencement day, to be taken to be a prepayment meter market retail contract in relation to the premises.
(2) If a term or condition, of a prepayment meter market retail contract to which subsection (1) applies –
(a) is inconsistent with a provision of the National Energy Retail Rules that is a minimum requirement for market retail contracts; and
(b) confers on a customer a right that is greater, or imposes on a customer an obligation that is less onerous, than may be conferred by a term or condition that is consistent with the provision –
then, despite anything to the contrary in the National Energy Retail Law (Tasmania) or those Rules, the term or condition of the prepayment meter market retail contract continues to have effect and the provision is, to the extent of the inconsistency, of no effect in relation to the contract.
32
Contracts between distributors and customers on former prepayment meter market retail contracts
32 Contracts between distributors and customers on former prepayment meter market retail contracts
If, immediately before the commencement day, there is a former prepayment meter market retail contract in force, in relation to premises, between a customer and a retailer –
(a) any former contract, in relation to the premises, between the customer and a distributor is terminated on the commencement day; and
(b) the customer and the distributor are to be taken to have, on the commencement day, entered into, in relation to the premises, the deemed standard connection contract that is published by the distributor under section 69 of the National Energy Retail Law (Tasmania).
Division 4
Large offer contestable customers
Division 4 Large offer contestable customers
33
Former market contracts with retailers
33 Former market contracts with retailers
The repeal of section 40 of the ESI Act by the National Energy Retail Law (Tasmania) (Consequential Amendments) Act 2012 does not affect a former market contract that applies in relation to premises, immediately before the commencement day, between a retailer and a customer who is a large offer contestable customer in relation to the premises.
34
Contracts between distributors and customers
34 Contracts between distributors and customers
(1) A connection and supply contract that, immediately before the commencement day –
(a) applies in relation to premises in respect of a customer who is a large offer contestable customer in relation to the premises; and
(b) is not a deemed distribution contract –
continues to have effect until the contract is terminated in accordance with the national energy retail legislation or the contract.
(2) If –
(a) a deemed distribution contract between a distributor in relation to premises and a customer who is a large offer contestable customer in relation to the premises applies in relation to the premises immediately before the commencement day; and
(b) there is a deemed AER approved standard connection contract under section 70(6) of the National Energy Retail Law (Tasmania) that applies to the supply of electricity to such customers –
the deemed distribution contract is terminated on the commencement day and the customer and the distributor are taken to have, on the commencement day, entered into a contract, in relation to the premises, that is in accordance with the deemed AER approved standard connection contract that applies to the supply of electricity to such customers.
(3) If –
(a) a deemed distribution contract between a distributor in relation to premises and a customer who is a large offer contestable customer in relation to the premises applies in relation to the premises immediately before the commencement day; and
(b) there is no relevant AER approved standard connection contract under section 70(6) of the National Energy Retail Law (Tasmania) that applies to the supply of electricity to such customers –
the deemed distribution contract is terminated on the commencement day and the customer and the distributor are to be taken to have, on the commencement day, entered into, in relation to the premises, the deemed standard connection contract that is published by the distributor under section 69 of the National Energy Retail Law (Tasmania).
Part 6
Miscellaneous
Part 6 Miscellaneous
35
Provision of certain information and assistance is authorised
35 Provision of certain information and assistance is authorised
(2) Despite any other Act, the Regulator is authorised, on its own initiative or at the request of the AER –
(a) to provide the AER with the information (including information given in confidence) in the possession or control of the Regulator that is reasonably required by the AER for the purposes of –
(i) this Act; or
(ii) the regulations; or
(iii) the National Energy Retail Law (Tasmania); or
(iv) an instrument made under the National Energy Retail Law (Tasmania); and
(b) to provide the AER with any other assistance that is reasonably required by the AER to perform a function or duty, or exercise a power, conferred or imposed on the AER under –
(i) this Act; or
(ii) the regulations; or
(iii) the National Energy Retail Law (Tasmania); or
(iv) an instrument made under the National Energy Retail Law (Tasmania).
(3) Despite any other Act or law, the Regulator may authorise the AER to disclose information provided under subsection (2) even if the information was given to the Regulator in confidence.
(4) Nothing done, or authorised to be done, by the Regulator in acting under subsection (2) or (3) –
(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 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.
(a) the administration of this Act is assigned to the Minister for Energy and Resources; and
(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the National Energy Retail Law (Tasmania) Act 2012 .
2 Commencement
2 Commencement
The provisions of this Act commence on a day or days to be proclaimed.
3 Interpretation
3 Interpretation
(1) In this Act –
National Energy Retail Law (Tasmania) means the provisions applying in this jurisdiction because of section 4 .
(2) Terms used in this Act and also the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia have the same meanings in this Act as they have in that Law.
(3) This section does not apply to the extent that the context or subject matter otherwise indicates or requires.
Part 2 Adoption of National Energy Retail Law
Part 2 Adoption of National Energy Retail Law
4 Application of National Energy Retail Law
4 Application of National Energy Retail Law
The National Energy Retail Law, as amended from time to time, set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia –
(a) applies as a law of this jurisdiction, with the modifications set out in Part 4 ; and
(b) as so applying may be referred to as the National Energy Retail Law (Tasmania); and
(c) so applies as if it were part of this Act.
5 Amendments to National Energy Retail Law
5 Amendments to National Energy Retail Law
(1) The Minister is to cause any amendment to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia to be tabled in each House of Parliament within 10 sitting-days from the date on which the amendment receives the Royal Assent in South Australia.
Extends certain functions and powers of the Australian Energy Regulator (AER) to encompass relevant Tasmanian provisions and enables the AER to require information that relates to matters occurring before the local commencement (s 10). The Act validates instruments and decisions made by the AER in the period between the South Australian enactment and the Tasmanian application date, where those instruments would have been authorised had the law already applied (s 13). It also treats preparatory steps taken by the AER in that period as compliant with later authorising law requirements (s 14).
Sets out savings and transitional arrangements for existing contractual relationships, mapping tariff contracts, former market contracts, prepayment meter contracts and distribution/connection contracts into the new NERL-based regime (Part 5, Divisions 2-4; ss 27-34). These provisions prescribe how existing security deposits, direct debit authorisations, payment plans and other contractual arrangements are treated on the commencement day.
Authorises information sharing from the Tasmanian Regulator to the AER and allows the AER to disclose information provided under that authorisation even if it was received in confidence (s 35).
Assigns the initial administrative responsibility for the Act to the Minister for Energy and Resources and the Department of Infrastructure, Energy and Resources until such time as an Administrative Arrangements Order reassigns responsibility (s 36).
The Act therefore operationalises the NERL in Tasmania while creating local exceptions and procedural mechanisms. It pushes significant detail and discretion into regulations and orders (see s 12, s 23 and s 24), requires tabling of South Australian amendments (ss 5, 7) and contains multiple transitional rules directing how pre-existing contracts and arrangements convert to the new regime (Part 5).
Main concepts
The Act’s main legal concepts are adoption, modification and transition. Adoption is achieved by applying the South Australian NERL text as Tasmanian law (s 4). Modification occurs through Part 4 which prescribes Tasmanian departures from the South Australian Energy Retail Law text and through the Governor’s regulation-making powers targeted at tailoring the National Energy Retail Rules and Regulations to Tasmanian circumstances (s 12; Part 4 generally). Transition is addressed by Part 5, setting out specific conversion rules for existing retail, market and distribution contracts.
Key conceptual items that practitioners must track in the text include:
National Energy Retail Law (Tasmania): The Act treats the NERL as “the National Energy Retail Law (Tasmania)” when it applies in the State (s 3(1); s 8). This creates a locally named instrument even though the operative text is the South Australian schedule.
Modifications and scope limitations: Part 4 contains express modifications to the South Australian text. Notable examples: gas is excluded (s 16), and the Law is confined to premises connected or to be connected to the interconnected national electricity system as defined in the National Electricity Law (s 17). The Act also inserts Tasmanian-specific definitions such as “regulated offer retailer” and prescribes the source of standing offer prices (s 17A, s 18).
Regulation and delegated instruments: The Governor may make regulations that both fill gaps and alter the application of the National Energy Retail Rules and the National Regulations so they are consistent with Tasmanian application (s 12(1), (3), (6)). The regulations may be of detailed technical effect, including provisions on distributor service standards and compensation (s 12(2)(a)-(b)).
AER and Regulator interplay: The Act extends selected NERL provisions (Parts 8, 12-15 and other prescribed provisions) to include references to the Tasmanian Act so the AER’s functions and powers operate in relation to specified Tasmanian parts (s 10). It also authorises the Tasmanian Regulator to provide information to the AER and to permit disclosure by the AER, notwithstanding confidentiality (s 35).
Validation and retroactive effect: The Act validates AER instruments and decisions taken in the interregnum between the SA enactment and Tasmanian commencement where those instruments would have been authorised had the law applied, and treats preparatory steps by the AER as complying with later requirements (ss 13-14). Validation gives those instruments effect from the application time (s 13(2)).
Transitional contract mapping: Part 5 sets out conversion rules for different contract classes,tariff contracts become standard retail contracts with defined carry-overs (s 27); former market contracts become market retail contracts (s 29); special rules apply to prepayment meter contracts and large offer contestable customers (ss 31-34). The text preserves certain favourable pre-existing contractual terms in specified circumstances (for example, where a term gives the customer greater rights than the NERR minimum, the term continues to have effect and the conflicting NERR provision is of no effect to that extent , s 29(3); s 31(2)).
These concepts create an architecture where a national text applies locally but is subject to Tasmanian tailoring, delegated detail via regulations, and specific contractual transition rules designed to avoid gaps on commencement.
Who it affects
The Act creates, preserves and shifts legal relationships across several identifiable groups: customers (including specified vulnerable customers), retailers (authorised retailers, regulated offer retailers), distributors, the AER, the Tasmanian Regulator under the Electricity Supply Industry Act 1995 (ESI Act), the Governor (executive through delegated regulations and orders) and the Minister.
Customers
Small customers and tariff customers are directly affected by contract conversion rules (s 27) that terminate existing tariff contracts and convert them into standard retail contracts on the commencement day. The Act preserves customer-side protections for certain complaint or dispute matters that started under tariff contracts (s 27(2)-(3)).
Customers using prepayment meters are subject to separate treatment; the Governor may make regulations exempting or modifying the application of specified energy law provisions to certain classes of prepayment meter systems and may impose reporting obligations on retailers (s 21).
Pensioners and health care card holders are specifically protected from late payment fees; s 19(2) directs retailers to waive late payment fees or charges in specified circumstances (s 19).
Retailers
Retailers who immediately before commencement hold licences under the ESI Act and who hold a retailer authorisation on commencement are “retailer” for the Act’s transitional provisions (Part 5, definition of retailer in s 25). They must convert existing tariff contracts into standard retail contracts and handle direct debit authorisations, security deposits and payment plans as set out in s 27.
“Regulated offer retailers” are given a defined role for standing offer pricing: standing offer prices for a regulated offer retailer are those fixed under s 40 of the ESI Act (s 18). Section 17A deals with how the definition of “designated retailer” is modified for regulated offer retailers.
Retailers are the payers of compliance costs imposed by regulation-making under s 12, including possible distributor compensation obligations (s 12(2)(b)) and the requirement to report in relation to prepayment meter systems (s 21(4)).
Distributors
Distributors must publish deemed standard connection contracts (referred to in ss 28-34) and in some transitions are taken to have entered customers into those contracts on commencement (ss 28(2), 30(2), 32). Regulations may impose standards and compensation obligations on distributors (s 12(2)).
Where an existing connection and supply contract is present, the Act treats it as a negotiated connection contract that must comply with Part 5A of the National Electricity Rules, and the distributor is treated as having complied with section 78 of the NERL (s 28(4), s 30(2)).
Regulators and the AER
The Australian Energy Regulator (AER) gains operational reach over Tasmania-relevant provisions through s 10; the AER can require information relating to matters before the Tasmanian commencement under Division 2 of Part 8 of the NERL (s 10(4)). The Tasmanian Regulator is authorised to share confidential information with the AER (s 35), and the Act validates AER instruments already made in the interregnum that would have been authorised had the NERL applied (s 13).
Executive and Parliament
The Governor has broad regulation-making authority (s 12) including the power to alter how the National Energy Retail Rules apply in the jurisdiction, to create transitional or application-specific rules, and to authorise certain matters to be regulated by other persons or bodies (s 12(8)). Orders by the Governor may remove the application of s 23 or enable Part 7 to apply (ss 23(5)-(9); 24(2)-(5)), but those orders are of no effect until approved by both Houses (ss 23(7), 24(4)).
Overall, the principal operational burdens fall on retailers and distributors (contract conversion, compliance with modified Rules and Regulations, reporting), while customers receive certain statutory protections (conversion to standard retail contracts, waiver of late fees for specified groups). The AER and the Tasmanian Regulator are positioned as the primary decision-makers and information hubs under the new arrangement, with the Governor and Minister controlling the precise local shape by regulation and parliamentary processes.
Key duties and rights
The Act establishes duties and rights by importing and tailoring the National Energy Retail Law and prescribing transitions and Tasmanian-specific obligations. Many duties flow from the NERL as applied, with Tasmanian alterations and standalone obligations set out in the Act.
Key statutory duties and rights created or clarified by the Act include:
Duty to apply NERL as local law
The State must treat the National Energy Retail Law as Tasmanian law (s 4), and the text of the NERL operates “as if it were part of this Act” (s 4(c)). That imposes the entire bundle of duties and rights under the NERL in Tasmania subject to the Act’s modifications.
Governor’s regulation-making duties and powers
The Governor may make regulations implementing the NERL as the application Act, including making local instruments and prescribing matters necessary to give effect to the Act (s 12(1)). Regulations may impose standards on distributors and require the payment of compensation to customers when standards are not met (s 12(2)). The regulations may also modify how the National Energy Retail Rules apply in Tasmania (s 12(3)-(6)).
Ministerial tabling duties
The Minister must cause amendments to the South Australian NERL or its regulations and Rules to be tabled in each House of Parliament within specified timeframes (s 5(1); s 7(1)-(2)). This creates a parliamentary oversight step for imported amendments from South Australia.
Retailer duties on contract conversion
If a tariff contract exists immediately before commencement, the tariff contract is terminated and a standard retail contract is taken to have been entered into on the commencement day (s 27(1)(a)-(b)). Retailers must treat security deposits, direct debit authorisations and payment plans in specified ways: security deposits become NERR security deposits (s 27(1)(c)), direct debit authorisations are carried over (s 27(1)(d)), payment plans continue (s 27(1)(e)), and advance payments may be applied by the retailer to customer liabilities (s 27(1)(f)).
Retailers must waive late payment fees in specified circumstances, namely where a customer holds a health care card, is receiving a pensioner concession, is on a payment plan, has died, the account is suspended or the amount is in a final account (s 19(2)). This is an explicit statutory duty overriding contrary NERL provisions.
Distributor duties on connection contracts
If no connection and supply contract exists when a tariff contract is in force, the customer and distributor are taken to have entered into the distributor’s published deemed standard connection contract on the commencement day (s 28(2)). Where an existing connection and supply contract exists, that contract is to be treated as a negotiated connection contract that must comply with Part 5A of the National Electricity Rules and the distributor is to be taken to have complied with s 78 of the NERL in relation to that negotiated connection contract (s 28(4)(a)-(b)). Similar mapping applies to former market contracts (s 30).
Rights preserved from prior contracts
The Act gives customers the right to have disputes that began under tariff contracts continue to be dealt with under those contracts (s 27(2)-(3)). For former market contracts and prepayment meter contracts, where contract terms are more favourable to the customer than minimum NERR requirements, those more favourable terms persist and conflicting NERR provisions are to that extent of no effect (s 29(3); s 31(2)). This preserves certain substantive contractual rights.
AER powers and duties
The AER’s functions under listed parts of the NERL are extended to include references to this Act and related Parts, enabling the AER to exercise its investigative and information-gathering powers in relation to Tasmania and to require documents or information, including for matters arising before commencement (s 10(1)-(4)). Section 13 validates AER instruments and decisions made in the interregnum where they would have been authorised had the law applied; those instruments take effect from the application time subject to later variation or revocation (s 13(2)).
Information disclosure authority
The Tasmanian Regulator is authorised, notwithstanding other Acts, to provide the AER with information in the Regulator’s possession, including confidential material, where reasonably required by the AER for performance of NERL-related functions (s 35(2)). The Regulator may authorise the AER to disclose such material despite any prior confidentiality (s 35(3)). The Act declares that providing this information will not constitute breaches of law or contract etc. (s 35(4)).
Parliamentary approval requirements
The Act requires certain Governor orders that change the application of the Act (for example, orders declaring s 23 ceases to apply to a class, or bringing Part 7 into operation) to be laid before and approved by both Houses before taking effect (ss 23(5)-(9); 24(2)-(5)). This creates a procedural restraint and a parliamentary right to disallow.
These duties and rights assign operational responsibilities to retailers and distributors at the customer contract level, to the AER and Tasmanian Regulator at the regulatory and enforcement level, and to the Governor and Minister in respect of delegated rule-making and notification. The Act builds in a mixture of statutory commands (for example, waiving late payment fees (s 19)) and significant delegated discretion (for example, regulation-making under s 12 and Governor orders under ss 23 and 24).
Penalties and enforcement
The Act itself is primarily an application and transitional statute; it does not set out a standalone penalty schedule in the text provided. Instead, enforcement and penalties flow from two sources: the National Energy Retail Law and Regulations as applied in Tasmania (s 4, s 6), and the administrative and procedural steps that the Act establishes to enable the AER and Tasmanian Regulator to exercise their powers (ss 10, 13, 14, 35). The practical enforcement architecture is therefore imported rather than recreated.
How enforcement is structured under the Act:
Imported enforcement: Because the NERL is applied as Tasmanian law (s 4), the NERL’s enforcement mechanisms, civil penalties, infringement notices and criminal offences (where the NERL so provides) will apply, subject to the modifications set out in Part 4 and any Tasmanian regulations made under s 12. The Act as provided does not create new pecuniary penalties of its own; enforcement instruments are those contained in the NERL and National Energy Retail Regulations as they apply in Tasmania (s 6).
AER investigatory and enforcement reach: Section 10 extends relevant NERL Parts (for example, Parts 8, 12-15) to enable AER functions and powers to apply in relation to specified Tasmanian provisions (s 10(1)-(2)). This enables the AER to require documents or information under Division 2 of Part 8 and to pursue compliance steps in respect of Tasmanian matters, including requesting information about pre-commencement matters (s 10(4)). The AER’s enforcement tools under the NERL thus become available in Tasmania.
Validation to avoid enforcement gaps: Sections 13 and 14 validate AER instruments and preparatory steps undertaken between the South Australian enactment and the Tasmanian application time. Section 13(2) treats documents and decisions as valid from the application time and subject to later variation or revocation, reducing risks that enforcement actions taken in that interim might be invalidated. Section 14 treats preparatory steps as having met authorising-law requirements.
Information sharing and disclosure protection: The Act authorises the Tasmanian Regulator to provide confidential information to the AER and to permit the AER to disclose that information (s 35(2)-(3)). Section 35(4) protects the Regulator and the AER from claims arising from that information exchange (no breach of duty, contract, confidentiality, civil or criminal wrong, etc.), which lowers legal risk for regulators when sharing material relevant to enforcement.
Parliamentary oversight of executive orders: Orders by the Governor that change the application of s 23 or that commence Part 7 (small compensation claims) must be approved by both Houses of Parliament before taking effect (s 23(7); s 24(4)). This procedural requirement can influence the timing and enforceability of measures tied to those orders.
Practical enforcement implications and risks visible in the Act:
Because the Act relies on the NERL for penalties, any local divergence or modification (for example, exclusions for gas (s 16) or scope limited to premises connected to the national grid (s 17)) will affect which entities and transactions are subject to the NERL enforcement regime.
Validation (s 13) and preparatory step authorisation (s 14) reduce litigation risk for enforcement actions taken by the AER in the transition, but these provisions themselves are assertions of legal effect; they reduce standing grounds for challenge where an AER action would otherwise be attacked as outside its local legal basis.
The Act does not itself supply new criminal offences or pecuniary penalties; it keeps enforcement mechanisms within the NERL/NERR framework. Practitioners should therefore review the NERL text and the National Energy Retail Regulations as applied and modified under s 12 for specifics of offences, civil penalties and infringement processes as they operate in Tasmania.
The Act’s provision that the Regulator may authorise disclosure by the AER of confidential material (s 35(3)) is accompanied by a protective clause (s 35(4)) that reduces the risk of ancillary civil claims against the Regulator or AER for causing disclosure, potentially smoothing regulatory information exchange in enforcement.
In short, enforcement under the Act is functionally delegated to the NERL enforcement architecture and to the AER and Tasmanian Regulator, with the Act adding validation, information-sharing authority and parliamentary oversight hooks. The Act itself should be read with the NERL and National Regulations to identify specific penalties, compliance pathways and enforcement remedies.
How it interacts with other laws
The Act is explicitly designed to create an interface between the National Energy Retail Law (as contained in the South Australian schedule), Tasmanian statutes (notably the Electricity Supply Industry Act 1995), the National Energy Retail Regulations, the National Energy Retail Rules and various subordinate instruments. The text contains several express interaction rules, limits on the application of other statutes, and mechanisms to harmonise transitional arrangements.
Key cross-law interactions set out in the Act:
Adoption of the South Australian text
Section 4 imports the South Australian NERL schedule into Tasmanian law, as modified by Part 4. The Act therefore interacts with South Australian legislative materials by applying them to Tasmania and requires the Tasmanian Minister to table amendments made in South Australia (s 5). But the Act limits the operation of some South Australian Acts in Tasmania (s 9).
Exclusion and interpretation rules
The Act disapplies the South Australian Acts Interpretation Act 1915 and other South Australian Acts in respect of the NERL applied as Tasmanian law (s 9(1)). It also disapplies the Tasmanian Acts Interpretation Act 1931 and the Subordinate Legislation Act 1992 in relation to the NERL (s 9(2)). However, s 9(3) clarifies these exclusions do not affect the application of those interpretation statutes to other provisions of this Act. This creates a defined interpretative boundary for the NERL as applied in Tasmania.
Section 11 extends the NERL s 320 reading-down provision to apply as if that provision were part of the NERL for any provision of this Act, supporting constitutional compatibility readings where necessary.
Interaction with the Electricity Supply Industry Act 1995 (ESI Act)
Several cross-references and modifications tie the NERL’s application to instruments and orders under the ESI Act. For example, the Act defines “regulated offer retailer” by reference to orders under s 38B of the ESI Act (s 17A(2)), and fixes standing offer prices for regulated offer retailers by reference to s 40 of the ESI Act (s 18(1)). Transitional definitions in Part 5 use ESI Act concepts and Tasmanian subordinate regulations (s 25).
The Act requires distributors to publish deemed standard connection contracts under section 69 of the NERL (ss 28(2), 30(2), 32), which may interact with distributor obligations and licensing under the ESI Act.
National Rules and Regulations
Section 6 applies the NERL regulations as National Energy Retail Regulations (Tasmania). Section 12 gives the Governor power to modify the application of the National Energy Retail Rules and the National Regulations in Tasmania and to make transitional or savings regulations to ensure consistency; s 12(6) expressly permits the Governor to remove inconsistencies between Tasmanian regulations and National Regulations in application or transitional matters.
The Act also includes a rule that a provision made by the National Regulations under s 6 of the South Australian Energy Retail Law is of no effect in Tasmania to the extent inconsistent with a Tasmanian regulation under s 22 addressing consumption thresholds (s 22(4)). This is an explicit priority mechanism for Tasmanian regulations over National Regulations on certain matters.
Parliamentary oversight and local orders
The Governor may make orders declaring that specific Act sections cease to apply to classes of persons or sales (s 23(5)) and may bring Part 7 of the South Australian law into force in Tasmania by an order (s 24(2)). Such orders must be laid before and approved by both Houses of Parliament (ss 23(6)-(8); ss 24(3)-(5)), anchoring executive action in parliamentary scrutiny and creating a formal interaction between executive orders and parliamentary approval processes.
Information sharing and confidentiality protections
The Act authorises the Tasmanian Regulator (as defined by the ESI Act) notwithstanding other Acts to provide confidential information to the AER and authorise the AER to disclose it (s 35). Section 35(4) states that such actions do not constitute breaches of law or contract and remove civil and criminal exposure arising from the exchange. This creates an interaction (and a waiver of potential conflicts) between confidentiality regimes in Tasmanian law and the information needs of the national regulator.
Transitional treatment of existing contractual regimes
Part 5 maps pre-existing contractual terms under the ESI Act and Tasmanian contestable customer regulations into the NERL scheme. For example, tariff contracts under the ESI Act are terminated and treated as standard retail contracts under the NERL (s 27); deemed distribution contracts under the contestable customer regulations are terminated and replaced by deemed standard connection contracts published by distributors under the NERL (s 30(4)). These provisions coordinate the transition from the ESI Act regulatory framework to the NERL framework.
Validation of prior AER steps
Sections 13 and 14 validate AER instruments and preparatory steps taken before the Tasmanian commencement that relate to matters that would later be governed under the NERL, preventing conflict or invalidity arising from timing mismatches between South Australian enactment and Tasmanian commencement.
Overall, the Act embeds an applied national law into the Tasmanian legal ecosystem while setting out rules for precedence, interpretation and coordination with the ESI Act, Tasmanian subordinate legislation, the National Regulations and the National Energy Retail Rules. It intentionally preserves the national enforcement and rule-making architecture while allowing local adjustments through regulations and orders, and it creates specific procedural links to the ESI Act licensing and pricing framework.
Amendment history
The statutory text itself includes a record of at least one in-place amendment and multiple delegation points for future changes. Relevant amendment mechanics and recorded textual amendments in the provided text include:
Mechanics for imported amendments
Sections 5 and 7 create a parliamentary notification mechanism for amendments originating from the South Australian enactment and from the National Energy Retail Law or its Regulations and Rules. Section 5 requires the Minister to cause any amendment to the South Australian NERL schedule to be tabled in each House within 10 sitting-days from the date on which the amendment receives Royal Assent in South Australia (s 5(1)). Section 7 similarly requires tabling of amendments to the NERL regulations and to the National Energy Retail Rules within 10 sitting-days from publication or notice of amendment (s 7(1)-(2)). These are not automatic adoption clauses but are procedural obligations attaching to the Minister when amendments flow from South Australia.
Section 4(1) declares the NERL applies “as amended from time to time” (s 4), so the operative local text will track South Australian amendments subject to the tabling obligation in s 5.
Recorded textual amendments
The Act records a specific insertion and amendment history relating to s 15 and s 17A. Section 15 is annotated as amended by No. 5 of 2013, s 25, applied 01 Jun 2013. Section 17A is noted as inserted by the same instrument (No. 5 of 2013, s 26, applied 01 Jun 2013). These annotations indicate that the Act has been modified since its original enactment to include further local definitions and adjustments. The text includes explicit bracketed notes showing where s 17A and s 18 subsections were amended and applied on that date (see s 15 and s 17A annotations; s 18 footnotes).
Governor and Minister modification powers
Section 12 gives the Governor the power to make regulations of an application, savings or transitional nature, and to modify the application of the National Energy Retail Rules to the extent they apply in Tasmania (s 12(3)-(5)). That means the local application of the national rules can be adjusted by Tasmanian regulation, subject to usual legislative and procedural constraints.
Sections 23 and 24 allow the Governor by order to declare that certain parts of the South Australian law cease to apply or apply in Tasmania on specified dates; those orders must be laid before Parliament and are effective only after approval by both Houses (ss 23(5)-(9); 24(2)-(5)). Those sections therefore establish an amendment-like mechanism that relies on executive orders plus parliamentary approval rather than primary legislation.
Validation of retroactive instruments
Section 13 validates instruments and decisions made by the AER during the period after the South Australian enactment but before Tasmanian commencement, provided they would have been authorised had the NERL applied (s 13). This is not an amendment per se, but it is an important retrospective legal effect that alters the legal consequences of prior administrative actions.
Delegation and future change
The Act’s numerous powers to make regulations and to modify the application of national instruments (s 12) create an ongoing pathway for Tasmania to refine the local operation of the NERL without primary legislation. Future amendments may therefore be effected through Tasmanian regulations and through the South Australian amendment cycle that the Act imports.
Documentation and parliamentary oversight
The tabling obligations (ss 5 and 7) are the chief mechanisms to bring imported changes to parliamentary attention. The Governor’s orders that change the Act’s application (ss 23 and 24) must be tabled and approved by both Houses, adding another parliamentary oversight checkpoint for material shifts.
Recorded applied amendments in the text therefore show both historical adjustments (2013 insertions and amendments) and a continuing structure for adopting future changes through a mix of imported South Australian amendments, Tasmanian regulations and approved Governor orders. Practitioners should monitor the South Australian schedule and Tasmanian regulations, and the Minister’s tabling records, to track the operative version of the NERL in Tasmania.
Litigation history
The Act’s text as provided does not reference any judicial decisions or litigation history. It contains validation, reading-down and clarification provisions expressly to reduce litigation risk on commencement and to provide legal certainty about the validity of certain pre-commencement actions. The following provisions are of particular litigation-relevance and are designed to narrow opportunities for legal challenge:
Validation of AER instruments and decisions (s 13)
Section 13 applies to instruments or decisions made by the AER during the period after the South Australian NERL enactment but before Tasmanian commencement, and states that such instruments and decisions are to be taken to be valid and to have effect from the application time where they would have been authorised by the relevant Tasmanian authorising law had it been in force (s 13(1)-(2)). This provision is a statute-based validation aimed at removing technical attacks on AER actions taken in the interregnum.
Authorisation of preparatory steps (s 14)
Section 14 treats preparatory steps required by an authorising law and taken by the AER during the interim period as complying with the authorising law. It thereby reduces the risk that an opponent could argue the AER failed to follow required preconditions for a subsequent instrument or decision.
Extension of reading-down provision (s 11)
Section 11 gives section 320 of the NERL effect in relation to any provision of this Act as if that provision formed part of the NERL. Reading-down provisions assist courts in resolving constitutional inconsistency issues by allowing narrower constructions. The Act thereby pre-emptively embeds a judicial interpretative tool into its operation.
Information-sharing protections (s 35(4))
Section 35(4) declares that acts of the Tasmanian Regulator or the AER in sharing information under s 35 do not constitute breaches of duty, contract, confidentiality or civil/criminal wrongs, and do not affect rights to terminate or other remedies. This statutory shield reduces the grounds for litigation arising from information exchange.
Absence of case law in the text
The Act does not list cases or decisions. Where litigation arises, the legal points most likely to be contested, given the Act’s content, include the validity of AER actions taken in the interregnum (addressed by s 13), the scope of Governor regulation-making powers under s 12 and any challenge to the proper application of transitional contract mappings in Part 5. Courts would need to engage with the Act’s validation and savings provisions when assessing any challenge that relies on timing or scope arguments.
Practical note for litigators
Any litigation challenging regulatory action taken by the AER or instruments adopted in reliance on the NERL in Tasmania will require careful analysis of ss 13-14 and the specific authorising provisions relied upon. Similarly, commercial disputes over whether a pre-existing contract converted correctly to a standard retail contract or a deemed connection contract should be framed against the transitional rules in Part 5 (for example, s 27 on tariff contracts, s 29 on former market contracts) which expressly state how such contracts are to be treated.
Because the Act expressly anticipates and seeks to avoid certain legal challenges via validation and interpretative extensions, litigation that proceeds will likely focus on factual application of the transitional provisions, the scope of regulatory modifications under s 12, or the correctness of parliamentary approval steps for Governor orders under ss 23 and 24. The absence of recorded judicial decisions in the text supplied means practitioners should consult court databases and subsequent publications for developments after the Act’s operation.
Gotchas
This Act contains multiple provisions that create operational traps or non-obvious legal effects for practitioners, retailers, distributors and regulators. The following “gotchas” are drawn directly from the statutory text and its mechanics.
National text applies but with Tasmanian modifications
The NERL is applied “as amended from time to time” (s 4). That sounds like ongoing automatic importation, but s 5 requires the Minister to table South Australian amendments in Parliament within 10 sitting-days. Practically, the operative NERL text in Tasmania will track South Australia but with Tasmanian modifications in Part 4 and further local regulation-making under s 12. Parties must not assume a literal parity with the South Australian regime without checking Tasmanian modifications and regulations.
Gas is excluded locally
Section 16 expressly states that the South Australian Energy Retail Law, as it applies in Tasmania, does not apply in relation to gas. That is a scope limiter; any assumption that NERL obligations automatically cover gas in Tasmania would be incorrect.
Application only for premises connected to the national grid
Section 17 limits application to premises connected, or to be connected, to the interconnected national electricity system as defined in the NEL. Off-grid premises and certain local microgrids may be out of scope; check the definition and network connection status before assuming NERL rights or duties apply.
Standing offer pricing is tied to ESI Act mechanisms
Standing offer prices for regulated offer retailers are the prices fixed under s 40 of the ESI Act (s 18). Practitioners must look to ESI Act orders and the Electricity Supply Industry Act pricing regime to determine standing offer figures for regulated offer retailers, not only to the NERR.
Waiver of late payment fees is mandatory in specified cases
Section 19 mandates that retailers must waive late payment fees where the customer holds a health care card, receives a pensioner concession, is on a payment plan, has died, the account is suspended or the amount is in a final account. Retailers relying on contractual terms or NERR provisions that purport to levy these fees must acknowledge this statutory override.
Substantial delegated law and discretion
The Governor may modify the application of the NERR and the National Regulations and make detailed regulations, including compensation requirements for distributor service failures (s 12(2)(a)-(b)). Many operational rules are therefore in delegated instruments; keep an eye on regulations that materially change how obligations are applied.
Transitional carry-overs and potential inconsistencies
When tariff contracts terminate and are converted into standard retail contracts (s 27), certain consumer protections and prior dispute handling continue (s 27(2)-(3)). However, where a former contract confers greater rights than the NERR minimum, the superior contractual term survives and the NERR provision is of no effect to that extent (s 29(3), s 31(2)). This can create patchwork contractual regimes where different customers have different entitlements depending on pre-commencement contracts.
Validation reduces technical challenge risk, but not substantive challenge
Sections 13 and 14 validate AER actions taken in the transitional period and treat preparatory steps as compliance. That blocks timing-based fights about AER competence, but substantive challenges to the content of AER instruments or decisions remain open.
Governor orders require parliamentary approval
Orders removing the application of s 23 or bringing Part 7 into effect are of no effect until approved by both Houses (ss 23(7); 24(4)). Parties relying on such orders must confirm parliamentary approval before treating them as operative.
Confidentiality exchange protections
The Act authorises the Tasmanian Regulator to provide confidential information to the AER and to allow the AER to disclose it, while stating that such sharing does not constitute a breach (s 35). That reduces confidentiality protections in regulatory contexts; entities should be alert to potential information flows to the AER and consequent public disclosure.
Differences between deemed and negotiated connection contracts
Under different transitional scenarios, connection and supply contracts may be treated as either deemed standard connection contracts or converted to negotiated connection contracts that must comply with Part 5A of the National Electricity Rules (ss 28-30). The distinction affects the distributor’s obligations and the negotiation framework available to customers; practitioners should carefully map which category applies.
Fragmentation risk for large offer contestable customers
The Act preserves former market contracts for large offer contestable customers (s 33); special mapping rules apply to their connection contracts (s 34). The result is likely to be differentiated regimes for large contestable customers versus small customers, requiring attention to customer classification and contract status.
In each case the “gotcha” arises from an express statutory provision rather than inference. Parties should therefore check the specific sections cited and monitor related regulations, Governor orders and the National Energy Retail Rules as modified for the Tasmanian application to avoid unexpected legal or commercial outcomes.
How to comply
Compliance under this Act requires a two-track approach: (A) conform to the NERL as applied in Tasmania (including Tasmanian modifications and regulations), and (B) implement the specific transitional and administrative requirements the Act prescribes. Below are concrete steps and checklists for the main affected parties, grounded in the Act’s provisions.
For retailers (authorised and regulated offer retailers)
Confirm authorisation status: Ensure you hold a retailer authorisation on the commencement day as defined in Part 5, s 25 (definition of “retailer”).
Contract conversion steps for tariff contract customers (s 27):
Terminate existing tariff contracts on the commencement day as the Act prescribes (s 27(1)(a)), but prepare to treat the customer as having entered a standard retail contract on that day (s 27(1)(b)).
Convert security deposits so they are treated as NERR security deposits in accordance with the NERR and the Act (s 27(1)(c)). Ensure deposit records, calculation methods and required disclosures conform to the NERR.
Carry across direct debit authorisations, except to the extent they relate to pre-commencement periods (s 27(1)(d)). Update billing systems and merchant agreements to reflect the transferred authorisations.
Continue existing payment plans except for pre-commencement obligations (s 27(1)(e)). Document and reissue payment plan confirmations in accordance with the standard retail contract form and NERR requirements.
Apply advance payments to customer liabilities in accordance with s 27(1)(f) and record such applications per NERR requirements.
Waiver of late payment fees (s 19):
Implement procedures to identify customers who hold health care cards or pensioner concession status or are on payment plans. Ensure billing systems suppress late payment fees for these customers and for final accounts or suspended accounts and deceased customers as specified in s 19(2).
If you supply prepaid meters, monitor Tasmanian regulations for any exemptions or modified application of energy law provisions in relation to prepayment meters. Adhere to any reporting obligations that the Governor may impose (s 21(4)).
Reporting and information obligations:
Prepare to respond to AER information requests under the extended powers (s 10) and to provide reports if prepayment meter reporting rules are made (s 21(4)). Maintain record retention and data management systems to facilitate timely provision.
Regulatory rule changes:
Monitor Tasmanian regulations made under s 12, and any modifications to the National Energy Retail Rules as they apply in Tasmania, because these may impose distributor standards or customer compensation requirements (s 12(2)).
For distributors
Connection and supply contract mapping (ss 28, 30, 34):
Identify premises with tariff contracts or former market contracts and determine whether deemed standard connection contracts apply or an existing connection contract must be treated as a negotiated connection contract that complies with Part 5A of the National Electricity Rules (ss 28(2), 28(4), 30(2)).
Publish deemed standard connection contracts under NERL section 69 where required and ensure those contracts are publicly available and compliant with the NERL (ss 28(2), 30(4), 32).
Ensure compliance with s 78 of the NERL where the Act treats an existing connection contract as a negotiated connection contract (ss 28(4)(b), 30(2)(b)).
Compensation standards and regulatory requirements:
Monitor s 12 regulations that may require compensation to customers when distributor standards are not met (s 12(2)(b)).
Systems and billing:
Adjust billing and metering systems for the NERL-based standard retail contracts and for any prepayment meter reporting and operational standards specified by regulation (s 21).
For both retailers and distributors
Identify affected customer classes:
Assess which customers are tariff customers, former market contract customers, prepayment meter customers, large offer contestable customers and regulated offer customers based on the definitions in s 25 and Part 4 modifications (s 17A).
Audit existing contracts:
Map existing contractual terms for any that confer rights more favourable to customers than the NERR minima and note where such terms survive under s 29(3) and s 31(2). Where favourable terms exist, preserve documentation and ensure billing and dispute-handling systems honour those terms.
Dispute and complaint handling:
For matters that arose under pre-commencement tariff contracts and that continue under transitional provisions, ensure complaint handling processes can handle complaints and disputes as if the tariff contract continued (s 27(2)-(3)). Maintain historical contract records to support dispute resolution.
For the Tasmanian Regulator and the AER
Information-sharing protocols (s 35):
Establish clear protocols for sharing confidential information with the AER and documenting authorisations under s 35(3). Ensure internal legal reviews apply to confidentiality waivers and that data transfers are logged.
Note the statutory protection in s 35(4) which removes liability for the Regulator in providing authorised information. Still, maintain robust governance and retention policies to minimise risk.
Operational readiness:
For the AER, be prepared to exercise investigative and information-gathering powers in respect of matters that arose prior to Tasmanian commencement (s 10(4)). For the Tasmanian Regulator, be prepared to assist the AER, as authorised by s 35(2).
For Ministers and the Governor (administration)
Tabling and parliamentary steps:
Ensure the Minister complies with the tabling obligations under ss 5 and 7 when the South Australian NERL schedule, its regulations or the National Energy Retail Rules are amended (s 5(1); s 7(1)-(2)).
If the Governor makes orders under ss 23 or 24 to vary the application of the Act, ensure those orders are laid before each House within 10 sitting-days and secure parliamentary approval before they take effect (ss 23(6), 24(3)-(4)).
General compliance checklist
Maintain up-to-date copies of:
The NERL as it operates in Tasmania, including Part 4 modifications.
Tasmanian regulations made under s 12 and any Governor orders under ss 23 and 24.
Distributor published deemed standard connection contracts required under the NERL (ss 28(2), 30(4), 32).
Update operational systems to:
Convert contracts, security deposits, direct debits and payment plans in line with ss 27-31.
Suppress late payment fees where s 19 applies.
Capture and retain information for possible AER requests and for dispute resolution under transitional provisions.
Legal governance:
Consult counsel on the interface between surviving contractual terms and NERR minima under ss 29(3) and 31(2).
Track and record the Minister’s tabling and Governor order approvals to confirm the legal effect of imported amendments or jurisdictional changes.
By following these concrete steps rooted in the Act’s provisions, regulated entities and administrators can translate the statutory directives into operational compliance actions. Regular monitoring of Tasmanian regulations made under s 12 and of South Australian amendments imported under s 4 remains essential because many operative details are supplied through those delegated instruments.
Section 4Application of National Energy Retail Law
(2) Nothing in this section affects the operation of section 4 .
6 Application of regulations under National Energy Retail Law
6 Application of regulations under National Energy Retail Law
The regulations, made under the National Energy Retail Law, as amended from time to time –
(a) apply as regulations in force for the purposes of the National Energy Retail Law (Tasmania) with the modifications, if any, set out in regulations under section 12(6) ; and
(b) as so applying may be referred to as the National Energy Retail Regulations (Tasmania).
7 Amendments to certain instruments under National Energy Retail Law
7 Amendments to certain instruments under National Energy Retail Law
(1) The Minister is to cause any amendment to the regulations, made under the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, to be tabled in each House of Parliament within 10 sitting-days from the date on which the amendment is published by the South Australian Government Printer.
(2) The Minister is to cause any amendment to the National Energy Retail Rules, made under the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, to be tabled in each House of Parliament within 10 sitting-days from the date on which notice of the amendment is published under that Law.
(3) Nothing in this section affects the operation of sections 6 and 12 .
8 Interpretation of certain expressions
8 Interpretation of certain expressions
In the National Energy Retail Law (Tasmania) and the National Energy Retail Regulations (Tasmania) –
National Energy Retail Law or this Law means the National Energy Retail Law (Tasmania);
the jurisdiction or this jurisdiction means Tasmania.
9 Exclusion of legislation of this jurisdiction and South Australia
9 Exclusion of legislation of this jurisdiction and South Australia
(1) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to –
(a) the National Energy Retail Law, set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, applied as a law of this jurisdiction; or
(b) any regulations, made under the National Energy Retail Law, applied as regulations for the purposes of the National Energy Retail Law (Tasmania).
(2) The Acts Interpretation Act 1931 and the Subordinate Legislation Act 1992 do not apply to –
(a) the National Energy Retail Law (Tasmania) or the instruments made under that Law; or
(b) the National Energy Retail Regulations (Tasmania) or the instruments made under those regulations.
(3) To remove any doubt, it is declared that –
(a) subsection (2)(a) does not limit the application of the Acts Interpretation Act 1931 to –
(i) the provisions of this Act other than the National Energy Retail Law (Tasmania); or
(ii) instruments made under the provisions of this Act other than the National Energy Retail Law (Tasmania); and
(b) subsection (2)(b) does not limit the application of the Subordinate Legislation Act 1992 toinstruments made under the provisions of this Act other than the National Energy Retail Law (Tasmania).
Part 3 Related Matters
Part 3 Related Matters
10 Extension of AER functions and powers
10 Extension of AER functions and powers
(1) In this section, a reference to the applicable provisions is a reference to –
(a) Parts 8, 12, 13, 14 and 15 of the National Energy Retail Law (Tasmania); and
(b) any other provision of the National Energy Retail Law (Tasmania) that is prescribed by regulations for the purpose of this subsection.
(2) The applicable provisions apply as if a reference, in any such provision, to this Law or to the National Energy Retail Law, included (except in relation to a person or a sale of electricity to which section 23 applies) a reference to –
(a) this Part, Part 4 (except section 23 ) and Part 5 of this Act; and
(b) any other provision of this Act, or of regulations made under this Act, prescribed by regulations for the purpose of this paragraph.
(3) The regulations may modify any applicable provision in so far as it applies to –
(a) a provision of this Act referred to in subsection (2)(a) ; or
(b) a provision prescribed by regulations for the purpose of subsection (2)(b) .
(4) Without limiting subsection (2) or Division 2 of Part 8 of the National Energy Retail Law (Tasmania), the AER may require to be provided or produced by a person under that Division information, or a document, that relates to a matter that arose before the commencement of this section.
11 Extension of reading-down provision
11 Extension of reading-down provision
(1) Section 320 of the National Energy Retail Law (Tasmania) has effect in relation to the operation of any provision of this Act as if the provision formed part of that Law.
(2) Subsection (1) does not limit the effect that a provision would validly have apart from the subsection.
12 Regulation-making power for purposes of National Energy Retail Law (Tasmania), &c.
12 Regulation-making power for purposes of National Energy Retail Law (Tasmania), &c.
(1) The Governor may make –
(a) such regulations, including regulations constituting local instruments, as are contemplated by the National Energy Retail Law (Tasmania), or an instrument made under that Law, as being made under this Act as the application Act of this jurisdiction; and
(b) regulations for or in respect of any other matter or thing that is required or permitted by this Act to be prescribed or that is necessary to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1) , regulations made under that subsection may provide for or in respect of –
(a) the provision of services to customers by distributors, including requirements and standards to be met before and while services are being provided; and
(b) the payment of compensation to customers by distributors when standards referred to in paragraph (a) are not met.
(3) In addition, the Governor may make regulations that modify the application of the National Energy Retail Rules, to the extent they apply as part of the law of this jurisdiction.
(4) A modification under subsection (3) may include the insertion, omission, substitution or relocation of provisions, words or matter.
(5) In addition, the Governor may make regulations of an application, savings or transitional nature relating to the transition from the application of provisions of the energy laws to the application of provisions of –
(a) this Act (including the National Energy Retail Law (Tasmania)); and
(b) the National Energy Retail Rules to the extent they apply as part of the law of this jurisdiction.
(6) A regulation may modify the application of the National Regulations, to the extent they apply as part of the law of this jurisdiction, to remove any inconsistency between –
(a) a regulation made under subsection (5) and a provision of the National Regulations that is of an application, savings or transitional nature; or
(b) a provision in Part 5 and a provision of the National Regulations that is of an application, savings or transitional nature.
(7) The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
(8) The regulations may authorise any matter to be from time to time determined, applied or regulated by any person or body specified in the regulations.
(9) The regulations may require an action to be taken in accordance with another instrument made under the National Energy Retail Law (Tasmania).
13 Validation of instruments and decisions made by AER
13 Validation of instruments and decisions made by AER
(1) This section applies to an instrument or a decision made by the AER if –
(a) the instrument or decision was made –
(i) at or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but
(ii) before the time (the application time) that the National Energy Retail Law first started to apply under this Act as a law of this jurisdiction; and
(b) had the National Energy Retail Law started so to apply, the making of the instrument or decision would have been authorised by one of the following laws (the authorising law):
(i) the National Energy Retail Law (Tasmania);
(ii) the National Energy Retail Regulations (Tasmania);
(iii) this Act;
(iv) an instrument made or having effect under this Act; and
(c) where the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements), the AER has done anything that would, if the National Energy Retail Law had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.
(2) For the purposes of the authorising law –
(a) the instrument or decision is taken to be valid; and
(b) the instrument or decision has effect from the application time –
(i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and
(ii) subject to that law as so applying.
(3) For this section –
(a) guidelines are an example of an instrument; and
(b) the following are examples of decisions:
(i) appointments;
(ii) determinations;
(iii) approvals.
14 AER – authorisation of preparatory steps
14 AER – authorisation of preparatory steps
(1) This section applies if –
(a) the AER is required to do something (a preparatory step) before making a decision or making an instrument under one of the following (the authorising law):
(i) the National Energy Retail Law (Tasmania);
(ii) the National Energy Retail Regulations (Tasmania);
(iii) this Act;
(iv) an instrument made or having effect under this Act; and
(b) the AER takes the preparatory step –
(i) at or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but
(ii) before the time the National Energy Retail Law first started to apply under this Act as a law of this jurisdiction.
(2) For the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.
Part 4 Modifications of Law
Part 4 Modifications of Law
15 Interpretation
15 Interpretation
In this Part –[Section 15 Amended by No. 5 of 2013, s. 25, Applied:01 Jun 2013]
South Australian Energy Retail Law means the National Energy Retail Law, as amended from time to time, set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia.
16 Law does not apply in relation to gas
16 Law does not apply in relation to gas
The South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, does not apply in relation to gas.
17 Law only applies to premises connected, &c., to national electricity grid
17 Law only applies to premises connected, &c., to national electricity grid
The South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, only applies in relation to the sale or supply of electricity to customers whose premises are connected, or are to be connected, to the interconnected national electricity system within the meaning of the NEL.
17A Modification of provisions of Law to apply to regulated offer retailers
17A Modification of provisions of Law to apply to regulated offer retailers
[Section 17A Inserted by No. 5 of 2013, s. 26, Applied:01 Jun 2013]
(1) In section 2 of the South Australian Energy Retail Law, as that Law applies as a law of this jurisdiction, the definition of designated retailer is to be taken to be substitut
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