Version incorporating amendments as at
1 March 2026
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 1
3 Interpretation 2
Part 2—Application of National Energy Retail Law provisions 3
4 Application of National Energy Retail Law provisions with modifications 3
5 Application of regulations under National Energy Retail Law with modifications 3
6 Interpretation of certain expressions 3
7 Exclusion of legislation of this jurisdiction and South Australia 4
Part 3—Related matters 5
8 Conferral of functions and powers on Commonwealth bodies to act in this jurisdiction 5
9 Extension of reading-down provision 5
10 Relevant legislation for the purposes of Essential Services Commission Act 2001 5
Part 4—General 7
11 Regulations 7
Part 5—Transitional and savings provisions 9
12 Definitions 9
13 Interpretation of Legislation Act 1984 not affected 9
14 Continued operation of superseded electricity supplier of last resort provisions 9
15 Continued operation of superseded gas supplier of last resort provisions 10
16 Instruments and decisions made by AER for purposes of National Energy Retail Law (Victoria) 11
17 AER—authorisation of preparatory steps 12
18 Regulations dealing with transitional matters 13
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Endnotes 16
1 General information 16
2 Table of Amendments 18
3 Explanatory details 19
Version No.002
National Energy Retail Law (Victoria) Act 2024
No. 18 of 2024
Version incorporating amendments as at
1 March 2026
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to apply as laws of Victoria, and subject to any necessary modifications prescribed under regulations, the provisions of the National Energy Retail Law providing for retailer of last resort arrangements and the other provisions of that Law that support the effective operation of those provisions; and
Section 1 - National Energy Retail Law (Victoria) Act 2024 - National Energy Retail Law (Victoria) Act 2024 | Zoe
(b) to make related amendments to the Electricity Industry Act 2000 and the Gas Industry Act 2001; and
(c) to make other minor technical amendments to the Electricity Industry Act 2000 and the Gas Industry Act 2001 to improve their operation.
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 1 March 2025, it comes into operation on that day.
3 Interpretation
(1) In this Act—
applicable NERL provisions means—
(a) Parts 1, 6 and 8 to 11, Division 1 of Part 12 and Parts 13 to 15 of the National Energy Retail Law; and
(b) Schedule 1 to the National Energy Retail Law;
National 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;
National Energy Retail Law (Victoria) means the provisions applying in this jurisdiction because of section 4;
National Energy Retail Regulations (Victoria) means the provisions applying in this jurisdiction because of section 5;
National Energy Retail Rules (Victoria) means the provisions of the National Energy Retail Rules made under the National Energy Retail Law for the purposes of the applicable NERL provisions, as amended from time to time and as modified by any regulations made under section 11.
(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—Application of National Energy Retail Law provisions
4 Application of National Energy Retail Law provisions with modifications
The applicable NERL provisions as modified by any regulations made under section 11—
(a) apply as a law of this jurisdiction; and
(b) as so applying may be referred to as the National Energy Retail Law (Victoria); and
(c) so apply as if they were part of this Act.
5 Application of regulations under National Energy Retail Law with modifications
Regulations made under the National Energy Retail Law for the purposes of the applicable NERL provisions, as amended from time to time and as modified by any regulations made under section 11—
(a) apply as regulations in force for the purposes of the National Energy Retail Law (Victoria); and
(b) as so applying may be referred to as the National Energy Retail Regulations (Victoria).
6 Interpretation of certain expressions
In the National Energy Retail Law (Victoria) and the National Energy Retail Regulations (Victoria)—
National Energy Retail Law or this Law means the National Energy Retail Law (Victoria);
the jurisdiction or this jurisdiction means the State of Victoria.
7 Exclusion of legislation of this jurisdiction and South Australia
(1) The following Acts of this jurisdiction do not apply to the National Energy Retail Law (Victoria), the National Energy Retail Regulations (Victoria) or to other instruments made under that Law—
(a) the Interpretation of Legislation Act 1984;
(b) the Subordinate Legislation Act 1994.
Note
The National Energy Retail Rules made under the National Energy Retail Law (Victoria) are an instrument made under that Law.
(2) Subsection (1) does not apply to a regulation made under section 11.
(3) The Acts Interpretation Act 1915 of South Australia and other Acts of South Australia do not apply to the National Energy Retail Law (Victoria), the National Energy Retail Regulations (Victoria) or to other instruments made under that Law.
Part 3—Related matters
8 Conferral of functions and powers on Commonwealth bodies to act in this jurisdiction
(1) A Commonwealth body has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Commonwealth body by the national energy retail legislation of another participating jurisdiction.
(2) In this section—
Commonwealth body means—
(a) the AER; or
(b) the Tribunal.
9 Extension of reading-down provision
(1) Section 320 of the National Energy Retail Law (Victoria) 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.
10 Relevant legislation for the purposes of Essential Services Commission Act 2001
A provision of any one or more of the following laws that confers a function or power on the Commission is relevant legislation for the purposes of section 10 of the Essential Services Commission Act 2001—
(a) the National Energy Retail Law (Victoria);
(b) the National Energy Retail Regulations (Victoria);
(c) the National Energy Retail Rules (Victoria);
(d) this Act;
(e) regulations made under section 11.
Part 4—General
11 Regulations
(1) The Governor in Council may make—
(a) regulations generally prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act; and
(b) such regulations, including regulations constituting local instruments, as are contemplated by the National Energy Retail Law (Victoria), or an instrument made under that Law, as being made under this Act as the application Act of this jurisdiction.
(2) Without limiting subsection (1), regulations may modify any of the following—
(a) the applicable NERL provisions;
(b) regulations made under the National Energy Retail Law for the purposes of the applicable NERL provisions, as amended from time to time;
(c) Rules made under the National Energy Retail Law for the purposes of the applicable NERL provisions, as amended from time to time.
(3) The regulations may—
(a) be of limited or general application;
(b) differ according to differences in time, place or circumstances;
(c) confer a function, power or discretionary authority or impose a duty on the Minister or a regulator;
(d) provide for the disclosure of information that relates to a RoLR event or possible RoLR event (including confidential and personal information and information obtained under a regulatory information notice or otherwise) by one regulator to another regulator;
(e) apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person—
(i) wholly or partially or as amended by the regulations; or
(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or
(iii) as formulated, issued, prescribed or published from time to time;
(f) impose a penalty not exceeding 20 penalty units for any contravention of the regulations.
(4) In this section—
regulator means the Essential Services Commission, the AER, the AEMC or AEMO.
Part 5—Transitional and savings provisions
12 Definitions
In this Part—
commencement day means the day on which section 4 comes into operation;
superseded electricity supplier of last resort provisions means Division 8 of Part 2 of the Electricity Industry Act 2000 as in force from time to time before the commencement day;
superseded gas supplier of last resort provisions means Division 6 of Part 3 of the Gas Industry Act 2001 as in force from time to time before the commencement day;
South Australian Act means the National Energy Retail Law (South Australia) Act 2011 of South Australia.
13 Interpretation of Legislation Act 1984 not affected
This Part does not affect or take away from the Interpretation of Legislation Act 1984.
14 Continued operation of superseded electricity supplier of last resort provisions
(1) This section applies if—
(a) a trigger event within the meaning of section 49A of the Electricity Industry Act 2000 occurs before the commencement day in respect of a licensee (within the meaning of that Act); and
(b) a licensee's obligation as the supplier of last resort under section 49D of Electricity Industry Act 2000 that is related to the trigger event has not ended before the commencement day.
(2) Despite the repeal of Division 8 of Part 2 of the Electricity Industry Act 2000 by this Act, that Division continues to apply to a licensee that has the obligation to supply or sell electricity to a relevant customer of a defaulting licensee (within the meaning of section 49A of that Act) on and after the commencement day until that obligation ends under section 49D(6) of that Act.
15 Continued operation of superseded gas supplier of last resort provisions
(1) This section applies if—
(a) a trigger event within the meaning of section 51A of the Gas Industry Act 2001 occurs before the commencement day in respect of a licensee (within the meaning of that Act); and
(b) a licensee's obligation as the supplier of last resort under section 51D of Gas Industry Act 2001 that is related to the trigger event has not ended before the commencement day.
(2) Despite the repeal of Division 6 of Part 3 of the Gas Industry Act 2001 by this Act, that Division continues to apply to a licensee that has the obligation to supply or sell gas to a relevant customer of a defaulting licensee (within the meaning of section 51A of that Act) on and after the commencement day until that obligation ends under section 51D(6) of that Act.
16 Instruments and decisions made by AER for purposes of National Energy Retail Law (Victoria)
(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 South Australian Act was enacted, but
(ii) before the time (the application time) that the applicable NERL provisions as modified by any regulations made under section 11 first started to apply under this Act as a law of Victoria; and
(b) had the applicable NERL provisions as modified by any regulations made under section 11 started so to apply, the making of the instrument or decision would have been authorised by one of the following laws (the authorising laws)—
(i) the National Energy Retail Law (Victoria) or the National Energy Retail Regulations (Victoria);
(ii) this Act;
(iii) an instrument made or having effect under this Act, and
(c) in a case in which 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 applicable NERL provisions as modified by any regulations made under section 11 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 laws—
(a) the instrument or decision is taken to be valid; and
(b) the instrument or decision has effect on and 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 so applying.
(3) For the purposes of this section—
(a) guidelines are an example of an instrument; and
(b) the following are examples of decisions—
(i) appointments;
(ii) determinations;
(iii) approvals.
Note
See also the definition of instrument in clause 10 of Schedule 2 to the National Gas Law which is set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia. Under section 8 of the National Energy Retail Law (Victoria), Schedule 2 to the National Gas Law applies to the interpretation of that National Energy Retail Law (Victoria), the National Regulations and the Rules.
17 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 the National Energy Retail Law (Victoria), or this Act, or an instrument made or having effect under this Act (the authorising law); and
(b) the AER takes the preparatory step—
(i) at or after the time that the South Australian Act was enacted; but
(ii) before the time that the applicable NERL provisions as modified by any regulations made under section 11 first started to apply under this Act as a law of Victoria.
(2) For the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.
Note
See also the definition of instrument in clause 10 of Schedule 2 to the National Gas Law which is set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia. Under section 8 of the National Energy Retail Law (Victoria), Schedule 2 to the National Gas Law applies to the interpretation of that National Energy Retail Law (Victoria), the National Regulations and the Rules.
18 Regulations dealing with transitional matters
(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made by or as a result of the enactment of this Act.
(2) Regulations made under this section may—
(a) have a retrospective effect to a day on or after a date not earlier than the day on which this Act receives the Royal Assent;
(b) be of limited or general application;
(c) differ according to time, place or circumstances;
(d) leave any matter or thing to be decided by a specified person or class of person.
(3) To the extent to which any provision of the regulations under this section takes effect from a date that is earlier than the date of its making, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its making; or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its making.
(4) Regulations under this section have effect despite anything to the contrary in—
(a) this Act or any other Act (other than the Charter of Human Rights and Responsibilities Act 2006); or
(b) any subordinate instrument.
(5) The following are not required for any proposed statutory rule that is to be made under this section—
(a) consultation under section 6 of the Subordinate Legislation Act 1994;
(b) the preparation of a regulatory impact statement under section 7 of the Subordinate Legislation Act 1994.
(6) This section is repealed on the second anniversary of the day on which it comes into operation.
Pt 6 (Headings and ss 19–36) repealed by No. 18/2024 s. 36.
Pt 7 (Headings and ss 37–41) repealed by No. 18/2024 s. 41.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 6 March 2024
Legislative Council: 2 May 2024
The long title for the Bill for this Act was "A Bill for an Act to apply as laws of Victoria, and subject to any necessary modifications prescribed under regulations, the provisions of the National Energy Retail Law providing for retailer of last resort arrangements and the other provisions of that Law that support the effective operation of those provisions, to make related amendments to the Electricity Industry Act 2000 and the Gas Industry Act 2001 and to make other minor technical amendments to the Electricity Industry Act 2000 and the Gas Industry Act 2001 to improve their operation and for other purposes."
The National Energy Retail Law (Victoria) Act 2024 was assented to on 21 May 2024 and came into operation on 30 July 2024: Special Gazette (No. 413) 30 July 2024 page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the National Energy Retail Law (Victoria) Act 2024 by Acts and subordinate instruments.