26 Application for retailer authorisation by failed retailer or associate 18
27 AER report on RoLR event 20
28 Immunity 20
29 Authorised disclosure of information 20
30 Functions and powers of AER (including delegations) 21
31 Manner in which AER performs AER regulatory functions and powers 21
32 Compliance audits by AER 21
33 Compliance audits by regulated entities 21
34 Contents of compliance reports 21
35 AER Compliance Procedures and Guidelines 21
36 Schedule 1—Savings and transitionals 21
Part 3—Modification of the National Regulations 22
37 Omission of reference to Rules in regulation 6(1) 22
38 Omission of regulations 7, 8, 9, 9A and 9B 22
Section 1 - National Energy Retail Law (Victoria) Regulations 2024 - National Energy Retail Law (Victoria) Regulations 2024 | Zoe
39 Omission of regulation 12 22
40 Omission of regulations 13 and 14 22
41 Schedule 1 substituted 22
42 Omission of Schedules 2 and 3 23
43 Schedule 4 substituted 23
Part 4—Modification of the National Energy Retail Rules 27
44 Modification of the National Energy Retail Rules 27
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Endnotes 28
1 General information 28
2 Table of Amendments 30
3 Explanatory details 31
Version No.001
National Energy Retail Law (Victoria) Regulations 2024
S.R. No. 70/2024
Version as at
30 July 2024
Part 1—Preliminary
1 Objective
The objective of these Regulations is to prescribe modifications to—
(a) the applicable NERL provisions for the purposes of the National Energy Retail Law (Victoria) Act 2024; and
(b) the National Regulations made under the National Energy Retail Law for the purposes of the applicable NERL provisions; and
(c) the National Energy Retail Rules for the purposes of the applicable NERL provisions.
2 Authorising provision
These Regulations are made under section 11 of the National Energy Retail Law (Victoria) Act 2024.
3 Commencement
These Regulations come into operation on 30 July 2024.
Part 2—Modification of the National Energy Retail Law
4 Interpretation
(1) Section 2(1) of the National Energy Retail Law is modified as if the following definitions were inserted in it (in the appropriate alphabetical place)—
"Code of Practice means a Code of Practice applying to—
(a) the electricity industry under Part 6 of the Essential Services Commission Act 2001 of Victoria or the Electricity Industry Act; or
(b) the gas industry under Part 6 of the Essential Services Commission Act 2001 of Victoria or the Gas Industry Act;
Commission means the Essential Services Commission established under section 7 of the Essential Services Commission Act 2001 of Victoria;
deemed contract means a contract that is deemed to be a contract—
(a) for the supply and sale of electricity under section 39 of the Electricity Industry Act; or
(b) for the supply and sale of gas under section 46 of the Gas Industry Act;
distribution pipeline has the same meaning as in the Gas Industry Act;
Electricity Industry Act means the Electricity Industry Act 2000 of Victoria;
Energy Retail Code of Practice means the Energy Retail Code of Practice made under section 47(1) of the Essential Services Commission Act 2001 of Victoria, published by the Commission on 1 October 2022 and as amended from time to time;
Gas Industry Act means the Gas Industry Act 2001 of Victoria;
licence means—
(a) a licence issued under Part 2 of the Electricity Industry Act; or
(b) a licence issued under Part 3 of the Gas Industry Act;
licensee means the holder of—
(a) a licence issued under Part 2 of the Electricity Industry Act; or
(b) a licence issued under Part 3 of the Gas Industry Act;
life support customer means—
(a) a life support customer within the meaning of section 40SA of the Electricity Industry Act; or
(b) a life support customer within the meaning of section 48DC of the Gas Industry Act;
renewable energy feed-in arrangements means Division 5A of Part 2 of the Electricity Industry Act;
standard assistance has the meaning given by clause 125 of the Energy Retail Code of Practice;
tailored assistance has the same meaning as in the Energy Retail Code of Practice;".
(2) Section 2(1) of the National Energy Retail Law is modified as if—
(a) for the definition of AER regulatory function or power there were substituted—
"AER regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules that relates to the RoLR scheme under Part 6;";
(b) in the definition of customer retail contract, the words "of a kind referred to in section 20" were omitted;
(c) for the definition of customer connection contract there were substituted—
"customer connection contract means—
(a) in the case of electricity—
(i) a connection contract within the meaning of the NER; or
(ii) a contract deemed to have been entered into in accordance with section 40A(5) of the Electricity Industry Act; or
(b) in the case of gas—
(i) a connection contract within the meaning of the NGR; or
(ii) a contract deemed to have been entered into in accordance with section 48(6) of the Gas Industry Act;";
(d) for the definition of distributor there were substituted—
"distributor means a person who holds a licence that authorises the person—
(a) in the case of electricity—to distribute electricity; or
(b) in the case of gas—to provide services by means of a distribution pipeline;";
(e) for the definition of explicit informed consent there were substituted—
"explicit informed consent has the meaning given by section 5A;";
(f) for the definition of life support equipment there were substituted—
"life support equipment means—
(a) life support equipment within the meaning of section 40SA of the Electricity Industry Act; or
(b) life support equipment within the meaning of section 48DC of the Gas Industry Act;";
(g) for the definition of market retail contract there were substituted—
"market retail contract means a contract between a small customer and a retailer (other than a deemed contract or a standard retail contract);";
(h) for the definition of payment plan there were substituted—
"payment plan has the same meaning as in the Energy Retail Code of Practice;";
(i) for the definition of retailer there were substituted—
"retailer means—
(a) a retailer within the meaning of the Electricity Industry Act; or
(b) a gas retailer within the meaning of the Gas Industry Act;";
(j) for the definition of retailer authorisation there were substituted—
"retailer authorisation means a retailer authorisation within the meaning of the National Energy Retail Law that is issued to a retailer in a participating jurisdiction (other than Victoria);";
(k) for the definition of standard retail contract there were substituted—
"standard retail contract means—
(a) in the case of electricity—a customer retail contract that arises from the acceptance of—
(i) a licensee standing offer within the meaning of the Electricity Industry Act; or
(ii) a regulated tariff standing offer within the meaning of the Electricity Industry Act; or
(b) in the case of gas—a customer retail contract that arises from the acceptance of a licensee standing offer within the meaning of the Gas Industry Act;".
(3) Section 2(1) of the National Energy Retail Law is modified as if the definitions of AER Exempt Selling Guidelines, AER exempt selling regulatory function or power, AER Retail Pricing Information Guidelines, AER Retailer Authorisation Guidelines, connection, customer hardship policy, deemed AER approved standard connection contract, deemed customer retail arrangement, deemed standard connection contract, distributor service standards, energy marketing activity, entry criteria, exempt seller, GSL scheme, hardship customer, hardship program indicators, innovative trial principles, local area retailer, market offer, market offer prices, negotiated connection contract, new connection, nominated distributor, prepayment meter market retail contract, prepayment meter system, price comparator, Public Register of Authorised Retailers and Exempt Sellers, small market offer customer, standard complaints and dispute resolution procedures, standing offer, trial project, trial Rule, trial waiver and upper consumption threshold were omitted.
(4) Section 2(5) of the National Energy Retail Law is modified as if for "To avoid doubt" in that subsection there were substituted "For the purposes of Part 6".
5 Meaning of civil penalty provision and conduct provision
Section 4 of the National Energy Retail Law is modified as if for the table at the foot of subsection (1) there were substituted—
"
Provision
Section heading
Section 143(2)(a)
Compliance requirements following service of RoLR notice
Section 156
Compliance with RoLR regulatory information notices
Section 274(1)
Obligation of regulated entities to provide information and data about compliance
Section 276(1) and (4)
Compliance audits by regulated entities
".
6 Meaning of customer and associated terms
Section 5 of the National Energy Retail Law is modified as if for subsections (2), (3) and (4) there were substituted—
"(2) A small customer is a person, or a member of a class of persons, who is declared to be a domestic or small business customer in an Order under section 35(5) of the Electricity Industry Act or section 42(5) of the Gas Industry Act.
(3) A large customer is a customer who is not a small customer.".
7 New section 5A inserted
Part 1 of the National Energy Retail Law is modified as if after section 5 there were inserted—
"5A Meaning of explicit informed consent
(1) Explicit informed consent to a transaction is consent given by a small customer to a retailer where—
(a) the retailer, or a person acting on behalf of the retailer, has clearly, fully and adequately disclosed in plain English all matters relevant to the consent of the small customer, including each specific purpose or use of the consent; and
(b) the small customer gives the consent to the transaction in accordance with subsection (2); and
(c) the small customer is competent to do so; and
(d) any requirements prescribed by the Energy Retail Code of Practice for the purposes of clause 7(1)(d) of that Code of Practice have been complied with.
(2) Explicit informed consent requires the consent to be given by the small customer—
(a) in writing signed by the small customer; or
(b) verbally, so long as the verbal consent is evidenced in such a way that it can be verified and made the subject of a record under clause 8 of the Energy Retail Code of Practice; or
(c) by electronic communication generated by the small customer.".
8 Omission of sections 6 and 7
Part 1 of the National Energy Retail Law is modified as if sections 6 and 7 were omitted.
9 Savings and transitionals
Section 8A of the National Energy Retail Law is modified as if there were substituted—
"8A Savings and transitionals
Parts 3 and 4 of Schedule 1 have effect.".
10 Omission of sections 11 and 12
Part 1 of the National Energy Retail Law is modified as if sections 11 and 12 were omitted.
11 Omission of section 13A
Part 1 of the National Energy Retail Law is modified as if section 13A were omitted.
12 Definitions
(1) Section 122 of the National Energy Retail Law is modified as if the following definition were inserted in it (in the appropriate alphabetical place)—
"national retailer means a retailer that also holds a retailer authorisation;".
(2) Section 122 of the National Energy Retail Law is modified as if in the definition of RoLR event—
(a) for ", in relation to a retailer, means" there were substituted "means";
(b) paragraph (a) was omitted;
(c) in paragraph (b)(i) and (ii), for "the retailer" there were substituted "a retailer";
(d) in paragraph (b)(ii), for "NEL;" there were substituted "NEL; or";
(e) after paragraph (b)(ii) there were inserted—
"(iii) the revocation of a retailer's licence under section 29(3) or Division 8 of Part 2 of the Electricity Industry Act;";
(f) in paragraph (c)(i), for "the retailer" there were substituted "a retailer";
(g) in paragraph (c)(ii) and (iii), for "the retailer's" there were substituted "a retailer's";
(h) in paragraph (c)(iii), for "revoked;" there were substituted "revoked; or";
(i) after paragraph (c)(iii) there were inserted—
"(iv) the revocation of a retailer's licence under section 38(3) or Division 6 of Part 3 of the Gas Industry Act;";
(j) in paragraphs (d) and (e), for "the retailer" (where twice occurring) there were substituted "a retailer";
(k) in paragraph (f), for "the retailer" there were substituted "a national retailer";
(l) in paragraph (f)(iii), for "another retailer" there were substituted "a retailer";
(m) for paragraph (f)(iv) there were substituted—
"(iv) selling or otherwise disposing in whole or in part its business of the sale of energy (being the activity to which the national retailer's retailer authorisation relates) to a retailer; or
(v) selling or otherwise disposing in whole or in part its business of the sale of energy (being the activity to which the national retailer's licence relates) to a retailer or another national retailer;";
(n) after paragraph (f) there were inserted—
"(fa) the cessation of the sale of energy by a retailer to customers, otherwise than by—
(i) the transfer of its licence in accordance with section 31 of the Electricity Industry Act or section 40 of the Gas Industry Act; or
(ii) transfer of all or some of its customers to another retailer; or
(iii) selling or otherwise disposing in whole or in part its business of the sale of energy (being the activity to which its licence relates) to another retailer;".
13 Issue of RoLR notice
Section 136(2) of the National Energy Retail Law is modified as if for paragraph (f) there were substituted—
"(f) if the failed retailer is a national retailer, specify whether the AER has revoked the failed retailer's retailer authorisation; and
(fa) if applicable, specify whether the failed retailer's licence has been revoked under section 49B(2) of the Electricity Industry Act or section 51B(2) of the Gas Industry Act; and".
14 Transfer of responsibility
Section 140 of the National Energy Retail Law is modified as if subsection (4) was omitted.
15 Termination of customer retail contracts
Section 141 of the National Energy Retail Law is modified as if—
(a) in subsection (4)—
(i) for "authorisation has not been revoked under section 142" in that subsection there were substituted "licence has not been revoked under section 29(3) or Division 8 of Part 2 of the Electricity Industry Act or section 38(3) or Division 6 of Part 3 of the Gas Industry Act (as the case requires)";
(ii) in paragraphs (a) and (b), for "Part 4" in those paragraphs there were substituted "the customer dispute resolution scheme entered into by the licensee in accordance with section 28 of the Electricity Industry Act or section 36 of the Gas Industry Act (as the case requires)";
(b) subsection (10) was omitted.
16 Omission of section 142
Part 6 of the National Energy Retail Law is modified as if section 142 was omitted.
17 Contractual arrangements for sale of energy to transferred small customers
Section 145 of the National Energy Retail Law is modified as if for subsections (3) and (4) there were substituted—
"(3) The terms and conditions of the RoLR deemed small customer retail arrangement are the terms and conditions—
(a) decided by the Commission under section 35(1)(b) of the Electricity Industry Act or section 42(1)(b) of the Gas Industry Act; or
(b) specified in clause 18 of the Energy Retail Code of Practice.
(4) The prices applicable to the RoLR deemed small customer retail arrangement are—
(a) in the case of electricity—the tariffs specified in paragraph (a) of the definition of licensee standing offer in section 3(1) of the Electricity Industry Act; or
(b) in the case of gas—the tariffs specified in paragraph (a) of the definition of licensee standing offer in section 3(1) of the Gas Industry Act—
with any variations in accordance with, or consequent on, the applicable RoLR cost recovery scheme determined under Division 9.".
18 Duration of arrangements for small customers
Section 147 of the National Energy Retail Law is modified as if for subsection (4) there were substituted—
"(4) After that period of 3 months (but not earlier unless the designated RoLR agrees), the small customer and designated RoLR may seek to negotiate a market retail contract consistently with terms and conditions—
(a) decided by the Commission under section 36(1)(a) and (b) of the Electricity Industry Act or section 43(1)(a) and (b) of the Gas Industry Act; or
(b) specified in clause 20 of the Energy Retail Code of Practice.".
19 Information to be provided to AER by AEMO and retailers
(1) The heading to section 150 of the National Energy Retail Law is modified as if after "AER" in that heading there were inserted "and the Commission".
(2) Section 150(1) of the National Energy Retail Law is modified as if after "AER" in that subsection there were inserted "and the Commission".
(3) Section 150(2) of the National Energy Retail Law is modified as if for "and AEMO" in that subsection there were substituted ", AEMO and the Commission".
20 New Subdivision 2A of Part 6 inserted
Part 6 of the National Energy Retail Law is modified as if after section 150 there were inserted—
"Subdivision 2A—General obligation to notify Commission
150A Information to be provided to Commission by AER
The AER must without delay notify the Commission of any event, circumstance or matter of which the AER is aware and which—
(a) it has reason to believe—
(i) might be, is or may be at some time in the future an event, circumstance or matter that may or will affect a retailer's ability to maintain continuity of the sale of energy to its customers; or
(ii) gives rise to some risk of affecting a retailer's ability to maintain continuity of the sale of energy to its customers; or
(b) gives rise to, or gives rise to some risk of, a RoLR event.".
21 Meaning of RoLR regulatory information notice
Section 151(1) of the National Energy Retail Law is modified as if after paragraph (b) there were inserted—
"(ba) the Commission;".
22 Further provision about the information that may be described in a RoLR regulatory information notice
Section 154(2) of the National Energy Retail Law is modified as if—
(a) for paragraph (f) there were substituted—
"(f) details of any customer who is—
(i) receiving standard assistance or tailored assistance; or
(ii) entitled to receive tailored assistance;";
(b) for paragraph (g) there were substituted—
"(g) information that may be used to identify or locate any customer of the retailer who may be affected by family violence within the meaning of section 5 of the Family Violence Protection Act 2008 of Victoria without that customer's consent;
(ga) whether any customer is registered in the register that is established and maintained under section 40SV of the Electricity Industry Act or section 48DX of the Gas Industry Act (as the case requires);
(gb) if paragraph (ga) applies, the information that is included in the register in respect of the customer;";
(c) paragraph (i) were omitted.
23 Provision of information obtained from RoLR regulatory information notice
Section 157 of the National Energy Retail Law is modified as if for "AER to AEMO," there were substituted "AER to AEMO, the Commission,".
24 Contents of RoLR plans
Section 163 of the National Energy Retail Law is modified as if—
(a) for paragraph (c) there were substituted—
"(c) include, in the event of a RoLR event, strategies for the designated RoLR to quickly and effectively communicate to affected small customers—
(i) details of what happens with their existing contracts with the failed retailer; and
(ii) the effect of sections 140 and 141 in relation to the following—
(A) a customer who is receiving standard assistance or tailored assistance or entitled to receive tailored assistance;
(B) a life support customer;
(C) renewable energy feed-in arrangements;
(D) the termination of direct debits (including Centrepay) in accordance with clause 72 of the Energy Retail Code of Practice;
(E) refunds of advance payments;
(F) any security deposit within the meaning of the Energy Retail Code of Practice;
(G) uncompleted service orders; and
(iii) details as to the designated RoLR and the arrangements that apply for the sale of energy; and";
(b) in paragraph (d)(i), for "that are hardship customers" in that subparagraph there were substituted "who are receiving standard assistance or tailored assistance or entitled to receive tailored assistance".
Section 167 of the National Energy Retail Law is modified as if for subsection (6) there were substituted—
"(6) The following provisions do not apply to a retailer in respect of a variation of its standing offer prices as a result of a RoLR cost recovery scheme—
(a) in the case of electricity—section 35(3A) of the Electricity Industry Act;
(b) in the case of gas—section 42(3A) of the Gas Industry Act.".
26 Application for retailer authorisation by failed retailer or associate
(1) The heading to section 170 of the National Energy Retail Law is modified as if there were substituted—
"170 Determination by AER of payments by failed retailer or associate if failed retailer granted licence by Commission".
(2) Section 170 of the National Energy Retail Law is modified as if for subsections (1), (2) and (3) there were substituted—
"(1) This section applies if—
(a) a failed retailer or an associate of a failed retailer applies for a licence under the Electricity Industry Act or Gas Industry Act; and
(b) the Commission grants the application on the condition that the applicant pays a proportion or the whole of the costs of a prior RoLR event as determined by the AER.
(2) The AER may determine that a licensee must pay a proportion or the whole of the costs of a prior RoLR event to the relevant distributors and—
(a) in the case of a licensee issued a licence under the Electricity Industry Act—the determination by the AER is taken to be a regulatory change event and negative change event for the purposes of the NER and the payment is taken to be a negative pass through amount approved by the AER under the NER; and
(b) in the case of a licensee issued a licence under the Gas Industry Act—the payment is taken to be an approved pass through allowing variation of a distributor's reference tariffs.
(3) For the purposes of enabling the AER to determine a payment under subsection (2), the AER and the Commission may disclose to each other any information held for or in connection with the RoLR scheme including—
(a) confidential information; or
(b) personal information within the meaning of the Privacy Act 1988 of the Commonwealth or the Privacy and Data Protection Act 2014 of Victoria.".
27 AER report on RoLR event
Section 172 of the National Energy Retail Law is modified as if after subsection (1) there were inserted—
"(1A) To assist the AER to prepare the report, the AER and the Commission may disclose to each other any information held for or in connection with the RoLR event including—
(a) confidential information; or
(b) personal information within the meaning of the Privacy Act 1988 of the Commonwealth or the Privacy and Data Protection Act 2014 of Victoria.".
28 Immunity
Section 173(3) of the National Energy Retail Law is modified as if in the definition of protected person after paragraph (b) there were inserted—
"(ba) the Commission; or".
29 Authorised disclosure of information
Section 174 of the National Energy Retail Law is modified as if—
(a) after "Commonwealth" there were inserted ", the Privacy and Data Protection Act 2014 of Victoria";
(b) in paragraph (a), for "AEMO," in that paragraph there were substituted "AEMO, the Commission,".
30 Functions and powers of AER (including delegations)
Section 204(1) of the National Energy Retail Law is modified as if paragraphs (ba) and (fa) were omitted.
31 Manner in which AER performs AER regulatory functions and powers
Section 205 of the National Energy Retail Law is modified as if for "hardship customers" there were substituted "customers who are receiving standard assistance or tailored assistance or entitled to receive tailored assistance".
32 Compliance audits by AER
Section 275 of the National Energy Retail Law is modified as if subsection (2) was omitted.
33 Compliance audits by regulated entities
Section 276 of the National Energy Retail Law is modified as if—
(a) subsection (2) was omitted;
(b) in the note at the foot of subsection (4), for "Subsections (1), (2) and" in that note there were substituted "Subsections (1) and".
34 Contents of compliance reports
Section 280 of the National Energy Retail Law is modified as if paragraph (c) was omitted.
35 AER Compliance Procedures and Guidelines
Section 281(2) of the National Energy Retail Law is modified as if paragraph (e) was omitted.
36 Schedule 1—Savings and transitionals
Schedule 1 to the National Energy Retail Law is modified as if Parts 1, 2 and 5 were omitted.
Part 3—Modification of the National Regulations
37 Omission of reference to Rules in regulation 6(1)
Part 2 of the National Regulations is modified as if in regulation 6(1) ", or Rules" were omitted.
38 Omission of regulations 7, 8, 9, 9A and 9B
Part 2 of the National Regulations is modified as if regulations 7, 8, 9, 9A and 9B were omitted.
39 Omission of regulation 12
Part 2 of the National Regulations is modified as if regulation 12 was omitted.
40 Omission of regulations 13 and 14
Part 3 of the National Regulations is modified as if regulations 13 and 14 were omitted.
41 Schedule 1 substituted
The National Regulations are modified as if for Schedule 1 there were substituted—
"Schedule 1—Civil penalty provisions
Part 1—Tier 1 civil penalty provisions
Provisions of the Law
Section 143(2)(a)
Section 274(1)
Section 276(1)
Section 276(4)
Part 2—Tier 2 civil penalty provisions
Provisions of the Law
Section 156".
42 Omission of Schedules 2 and 3
The National Regulations are modified as if Schedules 2 and 3 were omitted.
43 Schedule 4 substituted
The National Regulations are modified as if for Schedule 4 there were substituted—
"Schedule 4—Retailers of last resort
Default RoLR's name
Energy that applies to RoLR
Connection point or distribution system
AGL Sales Pty Ltd (ACN 090 538 337)
Electricity
Customers located in Victoria who are connected to the distribution system of United Energy Distribution Pty Ltd (ACN 064 651 029) and Jemena Electricity Networks (Vic) Ltd (ACN 064 651 083)
AGL Sales Pty Ltd (ACN 090 538 337)
Natural gas and natural gas equivalents
Customers located in Victoria who are connected to the distribution system of AusNet Gas Services Pty Ltd (ACN 086 015 036)
Origin Energy Electricity Limited (ACN 071 052 287)
Electricity
Customers located in Victoria who are connected to the distribution system of—<br>(a) Citipower Pty Ltd (ACN 064 651 056); and<br>(b) Powercor Australia Ltd (ACN 064 651 109)
Origin Energy (Vic) Pty Ltd (ACN 086 013 283)
Natural gas and natural gas equivalents
Customers located in Victoria who are connected to the distribution system of Multinet Gas Distribution Partnership (partnership of Multinet Gas (DB No. 1) Pty Ltd (ACN 086 026 986) and Multinet Gas (DB No. 2) Pty Ltd (ACN 086 230 122)
Origin Energy (Vic) Pty Ltd (ACN 086 013 283)
Natural gas and natural gas equivalents
Customers located in Victoria who are connected to the distribution system of Australian Gas Networks (VIC) Pty Ltd (ACN 085 899 001) (not forming part of a declared distribution system within the meaning of the National Gas (Victoria) Law)
Origin Energy (Vic) Pty Ltd (ACN 086 013 283)
Natural gas and natural gas equivalents
Customers located in Victoria who are connected to the distribution system of Multinet Gas Distribution Partnership (partnership of Multinet Gas (DB No. 1) Pty Ltd (ACN 086 026 986) and Multinet Gas (DB No. 2) Pty Ltd (ACN 086 230 122) (not forming part of a declared distribution system within the meaning of the National Gas (Victoria) Law)
EnergyAustralia Pty Ltd (ACN 086 014 968)
Electricity
Customers located in Victoria who are connected to the distribution system of AusNet Services Holdings Pty Ltd (ACN 086 006 859)
EnergyAustralia Pty Ltd (ACN 086 014 968)
Natural gas and natural gas equivalents
Customers located in Victoria who are connected to the distribution system of Australian Gas Networks (Vic) Pty Ltd (ACN 085 899 001)
EnergyAustralia Pty Ltd (ACN 086 014 968)
Natural gas and natural gas equivalents
Customers located in Victoria who are connected to the distribution system of AusNet Gas Services Pty Ltd (ACN 086 015 036) (not forming part of a declared distribution system within the meaning of the National Gas (Victoria) Law)
".
Part 4—Modification of the National Energy Retail Rules
44 Modification of the National Energy Retail Rules
The National Energy Retail Rules are modified as if—
(a) Parts 1 to 11 were omitted; and
(b) Part 13 and Schedules 1, 2 and 3 were omitted.
Note
The effect of regulation 44 is that only Part 12 of the National Energy Retail Rules has the force of law in Victoria.
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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.
The National Energy Retail Law (Victoria) Regulations 2024, S.R. No. 70/2024 were made on 30 July 2024 by the Governor in Council under section 11 of the National Energy Retail Law (Victoria) Act 2024, No. 18/2024 and came into operation on 30 July 2024: regulation 3.
The National Energy Retail Law (Victoria) Regulations 2024 will sunset 10 years after the day of making on 30 July 2034 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the National Energy Retail Law (Victoria) Regulations 2024 by statutory rules, subordinate instruments and Acts.