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This is a Bill, not an Act. For current law, see the Acts databases.
Energy Legislation Amendment
(National Energy Retail Law) Bill 2012
No , 2012
A Bill for
An Act to amend various Acts as a consequence of the enactment of the National
Energy Retail Law (Adoption) Act 2012.
Clause 1 Energy Legislation Amendment (National Energy Retail Law) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Energy Legislation Amendment (National Energy Retail 3
Law) Act 2012. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
Schedule 1 Amendment of Electricity Supply Act 1
1995 No 94 2
[1] Section 3 Objects 3
Omit section 3 (a). Insert instead: 4
(a) to promote the efficient and environmentally responsible 5
production and use of electricity and to deliver a safe and 6
reliable supply of electricity, and 7
Note. Customer choice and rights in relation to electricity 8
connections and electricity supply are provided for by the 9
National Energy Retail Law (NSW). 10
[2] Section 3 (c) 11
Omit the paragraph. 12
[3] Section 4 Definitions and notes 13
Insert after section 4 (2): 14
(3) Words and expressions used in this Act have the same meaning 15
as they have in the National Energy Retail Law (NSW) but (unless 16
otherwise expressly provided) have that meaning only in relation 17
to the supply of electricity. 18
[4] Section 13 Operation of distribution systems for retail supply 19
Omit "retail suppliers". Insert instead "retailers". 20
[5] Section 15 Right to connection to local distribution system for all 21
customers 22
Omit the section. 23
[6] Section 15A Distribution network service providers to allow small 24
renewable energy generators to feed-in to network 25
Omit "small retail customer" where firstly occurring in section 15A (3). 26
Insert instead "regulated offer customer". 27
[7] Section 15A (3) (b) 28
Omit the paragraph. Insert instead: 29
(b) the regulated offer customer has a right under the National 30
Energy Retail Law (NSW) to be provided with customer 31
connection services at those premises. 32
Page 3
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[8] Section 15A (4) 1
Insert "the National Energy Retail Law (NSW), any instrument made under 2
that Law," before "this Act or the regulations". 3
[9] Section 15A (5) and (6) 4
Omit "small retail customer" wherever occurring. 5
Insert instead "regulated offer customer". 6
[10] Section 15A (6) and (8E) 7
Omit "retail supplier" wherever occurring. Insert instead "retailer". 8
[11] Sections 15A (7) and 195 (1) 9
Omit "small retail customers" wherever occurring. 10
Insert instead "regulated offer customers". 11
[12] Section 15A (8E) 12
Omit "section 34A". Insert instead "subsection (8G)". 13
[13] Section 15A (8G) 14
Insert after section 15A (8F): 15
(8G) A retailer must, in accordance with the regulations (if any): 16
(a) pay a regulated offer customer an amount representing the 17
amount of any credit recorded under this section for 18
electricity supplied by the customer, or 19
(b) reduce an amount payable by the regulated offer customer 20
by an amount representing that amount of credit. 21
Maximum penalty: 1,000 penalty units. 22
[14] Section 15A (9) 23
Omit "and section 34A are". Insert instead "is". 24
[15] Section 16 Distribution network service providers to convey electricity 25
for certain persons only 26
Omit section 16 (a)-(d). Insert instead: 27
(a) a retailer, or 28
(b) a Registered participant within the meaning of the 29
National Electricity (NSW) Law. 30
Page 4
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
[16] Section 18 Distribution network service providers to connect premises 1
under customer connection contracts 2
Omit the section. 3
[17] Part 3, Divisions 2 and 3 4
Omit the Divisions. 5
[18] Section 24 Application 6
Insert after section 24 (2): 7
(3) In this Division, customer connection services means connection 8
services within the meaning of Chapter 5A of the National 9
Electricity Rules, except as may be provided by the regulations. 10
[19] Section 25 Contributions to augmentation of distribution system 11
Omit the section. 12
[20] Section 31 Customer may choose supplier and contractor 13
Omit "or under a customer connection contract" from section 31 (1). 14
[21] Part 4, heading 15
Omit "Electricity supply in the retail market". 16
Insert instead "Retail pricing for electricity". 17
[22] Part 4, Divisions 1-3A 18
Omit the Divisions. 19
[23] Sections 43A and 43B 20
Omit "National Electricity Code" wherever occurring. 21
Insert instead "National Electricity Rules". 22
[24] Sections 43E (6A) and 43P (4A) 23
Omit "National Electricity Code that are regulated under Chapters 6 and 9 of 24
that Code" wherever occurring. 25
Insert instead "National Electricity Rules". 26
[25] Section 43EB, note 27
Omit the note. Insert instead: 28
Note. Under section 37C of the National Energy Retail Law (NSW), a 29
regulated offer retailer must supply electricity to regulated offer 30
customers in accordance with any determination in force under this 31
Division. 32
Page 5
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[26] Section 43EE Powers of Tribunal and conduct of investigations 1
Omit "standard retail suppliers" from section 43EE (3). 2
Insert instead "regulated offer retailers". 3
[27] Section 43EF Provision of information, documents and evidence 4
Omit "standard retail supplier" from section 43EF (1). 5
Insert instead "regulated offer retailer". 6
[28] Section 43EF (3) 7
Omit the subsection. 8
[29] Part 4, Division 6 9
Omit the Division. 10
[30] Section 43M Definitions 11
Omit "National Electricity Code" from the definition of electricity network 12
pricing determination. 13
Insert instead "National Electricity Rules". 14
[31] Section 43N Pricing of electricity for direct customers 15
Omit "National Electricity Code" from section 43N (2). 16
Insert instead "National Electricity Rules". 17
[32] Part 5, heading 18
Omit "retail suppliers". Insert instead "retailers". 19
[33] Sections 51 and 52 20
Omit "retail supplier" wherever occurring. Insert instead "retailer". 21
[34] Section 51 (2) 22
Omit "retail supplier's". Insert instead "retailer's". 23
[35] Section 54 Powers of entry 24
Omit "retail supplier" from section 54 (1A). Insert instead "retailer". 25
[36] Section 54 (1A) (d) 26
Omit "retail supplier's". Insert instead "retailer's". 27
Page 6
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
[37] Section 55 Notice of entry 1
Omit "retail supplier" wherever occurring in section 55 (1). 2
Insert instead "retailer". 3
[38] Section 56 Use of force 4
Omit "retail supplier" from section 56 (1). Insert instead "retailer". 5
[39] Section 57 Notification of use of force or urgent entry 6
Omit "retail supplier" wherever occurring. Insert instead "retailer". 7
[40] Section 58 Care to be taken 8
Omit "retail supplier" from section 58 (4). Insert instead "retailer". 9
[41] Section 59 Recovery of cost of entry and inspection 10
Omit "retail supplier" wherever occurring. Insert instead "retailer". 11
[42] Section 60 Compensation 12
Omit "retail supplier". Insert instead "retailer". 13
[43] Section 61 Certificates of authority to enter land 14
Omit "retail supplier" wherever occurring in section 61 (1) (a) and (2) (f). 15
Insert instead "retailer". 16
[44] Section 63 Warrants of entry 17
Omit "retail supplier" from section 63 (1). Insert instead "retailer". 18
[45] Section 63A Other powers of entry unaffected 19
Omit "customer supply contract". Insert instead "customer retail contract". 20
[46] Section 63C Market operations rules 21
Omit section 63C (1) (a), (c), (g) and (h). 22
[47] Section 63C (1) (j) 23
Omit "paragraphs (a)-(i)". Insert instead "paragraphs (b), (d)-(f) and (i)". 24
[48] Section 63C (5) (c) 25
Omit "retail supplier". Insert instead "retailer". 26
[49] Section 63D Obligations under rules 27
Omit section 63D (2). 28
Page 7
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[50] Section 63D (4) 1
Omit "retail supplier". Insert instead "retailer". 2
[51] Section 63E Metrology co-ordinator 3
Omit the section. 4
[52] Part 5B Marketing of electricity 5
Omit the Part. 6
[53] Section 63Q Orders prohibiting the use of unsafe electricity delivery 7
equipment 8
Omit "retail supplier" from section 63Q (1). Insert instead "retailer". 9
[54] Section 64 Theft of electricity 10
Omit "customer supply contract" from section 64 (1). 11
Insert instead "customer retail contract". 12
[55] Section 65 Interference with electricity works 13
Omit "retail supplier's" from section 65 (1). Insert instead "retailer's". 14
[56] Section 65 (1) 15
Omit "retail supplier". Insert instead "retailer". 16
[57] Section 65A Entering, climbing or being on electricity works 17
Omit "retail supplier's" from section 65A (1). Insert instead "retailer's". 18
[58] Section 65A (1) 19
Omit "retail supplier". Insert instead "retailer". 20
[59] Part 6, Division 2 21
Omit the Division. 22
[60] Section 73 Local Court may order disconnection and discontinuance of 23
electricity supply 24
Omit "customer supply contract" from section 73 (2). 25
Insert instead "customer retail contract". 26
[61] Section 73 (3) 27
Insert after section 73 (2): 28
(3) An order under this section has effect despite any other law. 29
Page 8
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
[62] Section 74 Local Court may order payment for electricity unlawfully 1
charged for 2
Omit the section. 3
[63] Sections 75 and 76 (1) (a) 4
Omit "wholesale or retail supplier" wherever occurring. 5
Insert instead "wholesale supplier or retailer". 6
[64] Section 77 Regulatory functions of Tribunal 7
Omit "or an endorsement attached to a licence" wherever occurring in 8
section 77 (2) (b)-(d). 9
[65] Section 87 Auditing functions of Tribunal 10
Omit section 87 (1). Insert instead: 11
(1) The functions of the Tribunal under this Division are as follows: 12
(a) to monitor, and report to the Minister on, the extent to 13
which distribution network service providers comply, or 14
fail to comply, with the conditions imposed on licences 15
held by them, 16
(b) to monitor, and report to the Minister on, the extent to 17
which regulated offer retailers comply, or fail to comply, 18
with the obligation (under section 37C of the National 19
Energy Retail Law (NSW)) to ensure that regulated offer 20
prices comply with the determinations of the Tribunal 21
under Division 5 of Part 4. 22
[66] Section 87 (1A) and (1B) 23
Omit the subsections. 24
[67] Section 87 (2) 25
Omit "and retail suppliers with the conditions imposed on the licences held by 26
them and the endorsements attached to licences held by them". 27
Insert instead "with the conditions imposed on the licences held by them". 28
[68] Section 87 (2A) 29
Insert after section 87 (2): 30
(2A) For the purpose of enabling the Tribunal to exercise its functions, 31
the Minister must furnish to the Tribunal such information in the 32
possession of the Minister as the Tribunal may request in relation 33
to compliance with the obligation (under section 37C of the 34
Page 9
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
National Energy Retail Law (NSW)) to ensure that regulated offer 1
prices comply with the determinations of the Tribunal under 2
Division 5 of Part 4. 3
[69] Section 87A Cost of audit 4
Insert "or retailer" after "licence" wherever occurring in section 87A (1). 5
[70] Section 87B Provision and maintenance of information, documents and 6
evidence 7
Omit "section 87 (1A) and (1B)" from section 87B (1). 8
Insert instead "section 87 (1) (b)". 9
[71] Section 87B (1) 10
Omit "standard retail supplier". Insert instead "regulated offer retailer". 11
[72] Section 87B (3) 12
Insert "or retailer" after "holder of a licence". 13
[73] Section 87C Offences 14
Omit "section 87 (1A) or (1B)" from section 87C (4). 15
Insert instead "section 87 (1) (b)". 16
[74] Section 87D Licence condition 17
Omit the section. 18
[75] Section 88 Annual reports 19
Omit section 88 (1). Insert instead: 20
(1) As soon as practicable after 30 June (but on or before 31 October) 21
in each year, the Tribunal must prepare and forward to the 22
Minister a report on the following: 23
(a) the extent to which distribution network service providers 24
have complied, or failed to comply, with the conditions 25
imposed on the licences held by them during the 12 months 26
ending on 30 June in that year, 27
(b) the extent to which regulated offer retailers have complied, 28
or failed to comply, with the obligation (under section 37C 29
of the National Energy Retail Law (NSW)) to ensure that 30
regulated offer prices comply with the determinations of 31
the Tribunal under Division 5 of Part 4 during the 32
12 months ending on 30 June in that year. 33
Page 10
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
[76] Section 89 Appointment of customer consultative groups 1
Omit section 89 (2). 2
[77] Section 91 Functions of customer consultative groups 3
Omit section 91 (2) (a). 4
[78] Section 91 (3) 5
Omit the subsection. 6
[79] Section 92 Small retail customers 7
Omit the section. 8
[80] Section 94 Authorised officers 9
Omit "retail supplier" wherever occurring. Insert instead "retailer". 10
[81] Section 96 Internal review of certain decisions disputed by customers 11
Omit the section. 12
[82] Section 96A Review of certain decisions under energy ombudsman 13
scheme 14
Omit "small retail customer" from section 96A (1). 15
Insert instead "small customer or regulated offer customer". 16
[83] Section 96A (1), (5) and (6) 17
Omit "electricity industry" wherever occurring. Insert instead "energy". 18
[84] Section 96A (2) 19
Omit the subsection. 20
[85] Section 96A (3) 21
Omit "small retail customers". 22
Insert instead "small customers or regulated offer customers". 23
[86] Section 96A (7) 24
Insert after section 96A (6): 25
(7) In this section, a reference to a small customer, a regulated offer 26
customer or a retailer includes a reference to a small customer, 27
regulated offer customer or retailer within the meaning of the Gas 28
Supply Act 1996. 29
Page 11
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[87] Section 96B Energy ombudsman scheme 1
Omit section 96B (1). Insert instead: 2
(1) The Minister may approve an energy ombudsman scheme for the 3
purposes of this Act, the National Energy Retail Law (NSW), the 4
Gas Supply Act 1996, regulations or rules under those Acts or that 5
Law and any other law prescribed by the regulations for the 6
purposes of this section. 7
(1A) The scheme may provide for the appointment of an energy 8
ombudsman to deal with the following: 9
(a) matters that are to be dealt with by the energy ombudsman 10
under the National Energy Retail Law (NSW), 11
(b) disputes and complaints between small customers and 12
exempt sellers or other persons exempted from the 13
National Energy Retail Law (NSW), this Act or the Gas 14
Supply Act 1996 in relation to the supply of electricity or 15
gas, 16
(c) disputes and complaints between small customers or 17
regulated offer customers and retailers or distribution 18
network service providers under this Act, 19
(d) disputes and complaints between small customers or 20
regulated offer customers and reticulators under the Gas 21
Supply Act 1996, 22
(e) without limiting paragraphs (c) and (d), disputes and 23
complaints between regulated offer customers and 24
retailers or reticulators relating to regulated offer prices or 25
pricing arrangements under this Act, the Gas Supply Act 26
1996 or the National Energy Retail Law (NSW), 27
(f) any other disputes and complaints of such classes as are 28
prescribed by the regulations or specified under any other 29
Act or law. 30
[88] Section 96B (2) and (5) 31
Omit "electricity industry ombudsman" wherever occurring. 32
Insert instead "energy ombudsman". 33
[89] Section 96B (2) 34
Insert ", exempt sellers and retailers" after "licence holders" wherever 35
occurring. 36
[90] Section 96B (2) (b) 37
Omit "subsection (1)". Insert instead "subsection (1A)". 38
Page 12
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
[91] Section 96B (2) (d) and (g) 1
Omit "small retail customers" wherever occurring. 2
Insert instead "small customers, regulated offer customers". 3
[92] Section 96B (2) (f) 4
Omit "customer supply contracts relating to small retail customers". 5
Insert instead "customer retail contracts relating to small customers and 6
regulated offer customers". 7
[93] Section 96B (2) (l) 8
Omit the paragraph. Insert instead: 9
(l) that the scheme will require the energy ombudsman to 10
inform the Minister of substantial breaches of licence or 11
other authorisation conditions under, or breaches of, this or 12
any other Act or other law covered by the scheme, 13
[94] Section 96B (5) 14
Omit "an electricity marketer (within the meaning of Part 5B) or person". 15
Insert instead "a person". 16
[95] Section 96B (5) 17
Insert "or retailer" after "licence". 18
[96] Section 96B (5) 19
Omit "electricity marketer or". 20
[97] Section 96B (8) 21
Insert after section 96B (7): 22
(8) In subsections (2) and (5), a reference to a small customer, a 23
regulated offer customer or to a retailer includes a reference to 24
a small customer, regulated offer customer or retailer within the 25
meaning of the Gas Supply Act 1996. 26
[98] Section 96C Licence conditions relating to approved energy 27
ombudsman scheme 28
Omit "and a retail supplier's licence under which a retail supplier supplies 29
electricity to small retail customers". 30
[99] Section 96C 31
Omit "electricity industry" wherever occurring. Insert instead "energy". 32
Page 13
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[100] Section 96C (b) 1
Omit "small retail customer". 2
Insert instead "small customer or regulated offer customer". 3
[101] Section 96D 4
Omit the section. Insert instead: 5
96D Obligations of retailers under energy ombudsman scheme 6
(1) This section applies to the following decisions by an energy 7
ombudsman under an approved energy ombudsman scheme of 8
which a retailer or other exempt person is a member: 9
(a) a decision relating to a matter concerning the retailer's or 10
exempt person's functions under this Act or the Gas 11
Supply Act 1996, or under any instrument under those 12
Acts, 13
(b) a decision relating to a dispute or complaint involving the 14
retailer or exempt person and a small customer or 15
regulated offer customer, if that dispute or complaint arises 16
under any such Act or instrument. 17
(2) A retailer or exempt person is bound by a decision to which this 18
section applies and must not fail to comply with any such 19
decision. 20
Maximum penalty: 21
(a) in the case of a corporation--100 penalty units, or 22
(b) in any other case--25 penalty units. 23
(3) In this section: 24
exempt person means an exempt seller under the National 25
Energy Retail Law (NSW) or a person exempted (under 26
section 3B of that Law) from the requirement to hold a retailer 27
authorisation. 28
[102] Section 97A Objects of Part 29
Omit "retail suppliers" from section 97A (2) (a). Insert instead "retailers". 30
[103] Section 97AB Definitions 31
Omit "retail supplier" from paragraph (a) of the definition of large customer. 32
Insert instead "retailer". 33
Page 14
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
[104] Section 97AB, definition of "market customer" 1
Omit "National Electricity Code". Insert instead "National Electricity Rules". 2
[105] Section 97BB Benchmark participants 3
Omit "retail supplier" wherever occurring in section 97BB (1) (a) and (c). 4
Insert instead "retailer". 5
[106] Section 97BB (1) (b) 6
Omit "and that is, in respect of that supply, exempted from the operation of 7
section 179 or to which section 179 does not apply". 8
[107] Section 97BD Principles for determining compliance with greenhouse 9
gas benchmarks 10
Omit "retail supplier" from section 97BD (6). Insert instead "retailer". 11
[108] Section 97BD (6) 12
Omit "supplier" where secondly occurring. Insert instead "retailer". 13
[109] Section 97C Licence conditions applying to retail suppliers 14
Omit the section. 15
[110] Section 97DA Eligibility for accreditation 16
Omit "retail supplier" wherever occurring in section 97DA (6). 17
Insert instead "retailer". 18
[111] Section 97H Functions of Tribunal 19
Omit section 97H (1) (e). 20
[112] Section 97H (2) 21
Omit "retail suppliers". Insert instead "retailers". 22
[113] Section 97JC Licence condition relating to offences 23
Omit the section. 24
[114] Section 97KA Obligations under greenhouse gas benchmark rules 25
Omit section 97KA (2). 26
[115] Section 101 Persons required to participate in scheme 27
Omit "retail supplier" from section 101 (1) (a). Insert instead "retailer". 28
Page 15
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[116] Section 101 (2), definition of "direct supplier of electricity" 1
Omit "under an electricity supply arrangement to which section 179 does not 2
apply". 3
[117] Section 106 Individual energy savings targets 4
Omit "retail supplier" wherever occurring in the note to the section. 5
Insert instead "retailer". 6
[118] Section 107 Liable acquisitions 7
Omit "retail supplier" wherever occurring in section 107 (2) (a). 8
Insert instead "retailer". 9
[119] Section 169 Licence condition for retail suppliers 10
Omit the section. 11
[120] Section 179A Compensation not payable 12
Omit "small retail customers" from section 179A (1A) (d). 13
Insert instead "regulated offer customers". 14
[121] Section 179 Unauthorised electricity supply arrangements 15
unenforceable 16
Omit the section. 17
[122] Section 180 One document may serve several purposes 18
Omit the section. 19
[123] Section 181 Electricity network pricing determinations 20
Omit "National Electricity Code". 21
Insert instead "National Electricity Rules". 22
[124] Section 181A Retail price disclosure and comparison 23
Omit the section. 24
[125] Section 183 Delegation of Minister's functions 25
Omit section 183 (1A). 26
Page 16
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
[126] Section 188 Recovery of charges by network operators, wholesale 1
suppliers and retailers 2
Omit "wholesale or retail supplier". 3
Insert instead "wholesale supplier or retailer". 4
[127] Section 190 Provision of information to Minister 5
Omit section 190 (2). Insert instead: 6
(2) The Minister may only require information to be provided if 7
satisfied that it is required for the exercise by the Minister of 8
functions under this Act or the regulations. 9
[128] Section 190A 10
Insert after section 190: 11
190A Reports to Parliament 12
(1) If a House of Parliament is not sitting when the Minister seeks to 13
table a report required by this Act to be laid before the House, the 14
Minister may present copies of the report to the Clerk of the 15
House. 16
(2) The report: 17
(a) on presentation and for all purposes is taken to have been 18
laid before the House, and 19
(b) may be printed by authority of the Clerk of the House, and 20
(c) if printed by authority of the Clerk, is for all purposes taken 21
to be a report published by or under the authority of the 22
House, and 23
(d) is to be recorded: 24
(i) in the case of the Legislative Council, in the Minutes 25
of the Proceedings of the Legislative Council, and 26
(ii) in the case of the Legislative Assembly, in the Votes 27
and Proceedings of the Legislative Assembly, 28
on the first sitting day of the House after receipt of the 29
report by the Clerk. 30
[129] Section 191 Regulations 31
Omit section 191 (1) (c)-(c3) and (j). 32
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Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[130] Section 191 (1) (e2) 1
Insert before section 191 (1) (f): 2
(e2) distributor service standards for distributors, including 3
enforcement of such standards, 4
[131] Section 191 (1) (f) 5
Omit "electricity industry" wherever occurring. Insert instead "energy". 6
[132] Section 191 (1) (f1) 7
Omit the paragraph. Insert instead: 8
(f1) facilitating the Government's social programs for 9
electricity, including: 10
(i) the adoption of Codes with respect to the 11
implementation of any such program in relation to a 12
specified class or specified classes of customers, 13
and 14
(ii) the payment and assessment of implementation and 15
enforcement costs, and 16
(iii) the publication of Codes, and 17
(iv) the application of such programs to distribution 18
network service providers, retailers, exempt sellers 19
and other persons, and 20
(v) the enforcement of Codes, in particular the giving 21
and enforcement of undertakings with respect to 22
compliance with Codes, and 23
(vi) the conferral of jurisdiction on the Local Court with 24
respect to the enforcement of undertakings, 25
[133] Section 191 (1A) (j) 26
Omit "retail suppliers". Insert instead "retailers". 27
[134] Section 191 (2) 28
Omit ", 63Z and 179". Insert instead "and 63Z". 29
[135] Section 191 (2A) 30
Omit "sections 18, 19, 34, 39, 40 and 89-91 and any mandatory conditions 31
imposed pursuant to clause 6 of Schedule 2". 32
Insert instead "sections 89-91". 33
Page 18
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
[136] Section 191 (4) 1
Omit ", (c) or (c1)". 2
[137] Section 192 Repeals 3
Omit the section. 4
[138] Section 194 Review of solar bonus scheme by Auditor-General 5
Omit the section. 6
[139] Schedule 2 Licences 7
Omit "retail suppliers" from clause 1 (1). Insert instead "retailers". 8
[140] Schedule 2, clause 1 (2) 9
Omit the subclause. 10
[141] Schedule 2, clauses 4 (2) (a) and 6 (2) (c) 11
Omit "or retail supplier, as the case may be" wherever occurring. 12
[142] Schedule 2, clause 6 (4) 13
Omit the subclause. 14
[143] Schedule 2, clause 8 (2) 15
Omit the subclause. 16
[144] Schedule 2, clause 8 (3) (b) 17
Omit "licence, or". Insert instead "licence.". 18
[145] Schedule 2, clause 8 (3) (c) 19
Omit the paragraph. 20
[146] Schedule 2, clause 8A (5) 21
Omit ", or an endorsement attached to,". 22
[147] Schedule 3 Distribution districts 23
Omit "Country Energy". Insert instead "Essential Energy". 24
[148] Schedule 3 25
Omit "EnergyAustralia". Insert instead "Ausgrid". 26
[149] Schedule 3 27
Omit "Integral Energy Australia". Insert instead "Endeavour Energy". 28
Page 19
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[150] Schedule 6 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
National Energy Retail Law (Adoption) Act 2012 3
any other Act that amends this Act 4
[151] Dictionary 5
Omit the definition of approved electricity industry ombudsman scheme. 6
Insert instead: 7
approved energy ombudsman scheme means a scheme approved 8
under section 96B. 9
[152] Dictionary, definition of "customer" 10
Omit the definition. Insert instead: 11
customer includes a wholesale customer. 12
[153] Dictionary 13
Omit the definitions of customer connection contract, customer connection 14
services, customer supply contract, Electricity Tariff Equalisation Fund, 15
Electricity Tariff Equalisation Ministerial Corporation, National Electricity 16
Code, negotiated customer connection contract, negotiated customer supply 17
contract, retail customer, retail supplier, retail supplier's licence, small 18
retail customer, standard form customer connection contract, standard form 19
customer supply contract, standard retail supplier and supply district. 20
[154] Dictionary, definition of "Department" 21
Omit "Industry and Investment". 22
Insert instead "Trade and Investment, Regional Infrastructure and Services". 23
[155] Dictionary, definition of "distribution system" 24
Omit "small retail customers" from paragraph (a1). 25
Insert instead "regulated offer customers". 26
[156] Dictionary, definition of "electricity delivery equipment" 27
Omit "retail supplier". Insert instead "retailer". 28
[157] Dictionary, definition of "electricity network services" 29
Omit "National Electricity Code that are regulated under Chapters 6 and 9 of 30
that Code". 31
Insert instead "National Electricity Rules". 32
Page 20
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
[158] Dictionary, definition of "licence" 1
Omit "or a retail supplier's licence". 2
[159] Dictionary, definition of "National Electricity (NSW) Law" 3
Omit "National Electricity Code, as in force from time to time, referred to in 4
that Law". 5
Insert instead "National Electricity Rules". 6
[160] Dictionary 7
Insert in alphabetical order: 8
National Electricity Rules has the same meaning as it has in the 9
National Electricity (NSW) Law. 10
[161] Dictionary, definition of "point of supply" 11
Omit "wholesale or retail customer or a class of wholesale or retail 12
customers". 13
Insert instead "customer or a class of customers". 14
[162] Dictionary, definition of "regulated retail tariff" 15
Omit the definition. Insert instead: 16
regulated retail tariff means a tariff for or in relation to the 17
supply of electricity required to be charged to a regulated offer 18
customer, being a tariff specified in a determination in force 19
under Division 5 of Part 4. 20
[163] Dictionary, definition of "wholesale supply arrangement" 21
Omit "customer supply contract". Insert instead "customer retail contract". 22
Page 21
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 2 Amendment of Gas Supply Act 1996 No 38
Schedule 2 Amendment of Gas Supply Act 1996 1
No 38 2
[1] Section 3 Objects 3
Omit "and to promote customer choice in relation to gas supply" from 4
section 3 (1) (b). 5
[2] Section 3 (4) 6
Omit the subsection. 7
[3] Section 3 (6) 8
Insert "or the National Energy Retail Law (NSW) or the National Energy 9
Retail Regulations (NSW)" after "National Gas (NSW) Regulations". 10
[4] Section 4 Definitions 11
Insert at the end of the section: 12
(2) Words and expressions used in this Act (other than distributor) 13
have the same meaning as they have in the National Energy 14
Retail Law (NSW) but (unless otherwise expressly provided) 15
have that meaning only in relation to the supply of natural gas. 16
[5] Section 5 Prohibition of unauthorised gas reticulation 17
Omit section 5 (1). Insert instead: 18
(1) A person must not operate a distribution pipeline for the purpose 19
of conveying natural gas to any other person otherwise than 20
under the authority of an authorisation. 21
Maximum penalty: 500 penalty units (in the case of a 22
corporation) and 50 penalty units (in any other case). 23
[6] Section 5 (3) 24
Omit the subsection. 25
[7] Section 6 26
Omit the section. Insert instead: 27
6 Authorisations 28
Subject to any conditions imposed by or under this Act, a 29
reticulator's authorisation authorises its holder, and any other 30
person specified in the authorisation, to operate the distribution 31
pipeline so specified for the purpose of conveying natural gas to 32
other persons. 33
Page 22
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of Gas Supply Act 1996 No 38 Schedule 2
[8] Section 7 Applications 1
Omit ", if made in relation to a reticulator's authorisation," from section 7 (2). 2
[9] Section 9 Determination of applications 3
Omit "or authorised supplier, as the case may be" from section 9 (2) (a). 4
[10] Section 11 Conditions of authorisations 5
Omit section 11 (2) (b). Insert instead: 6
(b) a condition requiring the holder of the authorisation to 7
exercise its functions under this Act in accordance with 8
specified guidelines or subject to specified restrictions, 9
including conditions as to the district within which those 10
functions may be exercised, 11
[11] Section 11 (2) (c) 12
Omit "or authorised supplier, as the case may be". 13
[12] Section 11 (3) and (4) 14
Omit the subsections. Insert instead: 15
(3) The Minister may not impose conditions on an authorisation with 16
respect to the terms on which an authorised reticulator grants 17
access to its distribution pipelines. 18
[13] Section 11A 19
Insert after section 11: 20
11A Authorisation conditions relating to energy ombudsman scheme 21
(1) It is a condition of a reticulator's authorisation that: 22
(a) the authorisation holder must be a member of the energy 23
ombudsman scheme, and 24
(b) the authorisation holder is bound by, and must comply 25
with, any decision of the energy ombudsman under the 26
scheme relating to a dispute or complaint involving the 27
authorisation holder and a small customer or a regulated 28
offer customer. 29
Note. The energy ombudsman has power to deal with disputes 30
between retailers and customers under this Act, see 31
sections 96A and 96B of the Electricity Supply Act 1995 and the 32
regulations under that Act. 33
Page 23
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 2 Amendment of Gas Supply Act 1996 No 38
(2) This section does not apply in respect of an authorised reticulator 1
if the authorised reticulator is exempt from the requirement to be 2
a member of the energy ombudsman scheme. 3
(3) The Minister may, by order in writing, exempt an authorised 4
reticulator from the requirement to be a member of the energy 5
ombudsman scheme if of the opinion that the authorised 6
reticulator is not currently engaging in any activities for which an 7
authorisation is required. 8
(4) In this section: 9
energy ombudsman scheme means the scheme established under 10
section 96B of the Electricity Supply Act 1995. 11
[14] Section 15 Annual authorisation fees 12
Omit section 15 (4) and (5). 13
[15] Section 27 Tribunal may make gas pricing orders 14
Omit "small retail customers under standard form customer supply contracts" 15
from section 27 (1). 16
Insert instead "regulated offer customers under regulated offer contracts". 17
[16] Section 27A Gas pricing orders generally 18
Omit "small retail customers" wherever occurring in section 27A (1). 19
Insert instead "regulated offer customers". 20
[17] Section 27A (3) 21
Omit "an authorised supplier". Insert instead "a regulated offer retailer". 22
[18] Section 27A (4) 23
Omit the subsection. 24
[19] Section 28 Review of gas pricing orders 25
Omit "An authorised supplier" wherever occurring in section 28 (1) and (2). 26
Insert instead "A regulated offer retailer". 27
[20] Section 28 (2) 28
Omit "the supplier". Insert instead "the retailer". 29
Page 24
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of Gas Supply Act 1996 No 38 Schedule 2
[21] Section 28A 1
Insert after section 28: 2
28A Division to cease to have effect 3
(1) This Division ceases to have effect on 30 June 2013 or on such 4
earlier or later day as may be prescribed by the regulations. 5
(2) Regulations containing provisions of a savings or transitional 6
nature may be made consequent on the operation of 7
subsection (1). 8
[22] Part 2A, heading 9
Omit "and retail". 10
[23] Part 2A, Divisions 1-3 11
Omit the Divisions. 12
[24] Part 2A, Division 4, heading 13
Omit the heading. 14
[25] Section 33J Definitions 15
Omit "Division". Insert instead "Part". 16
[26] Section 33J, definition of "retail market business system" 17
Omit the definition. 18
[27] Section 33K Market operations rules 19
Omit section 33K (1) (a), (b) and (e). 20
[28] Section 33K (1) (d1) and (2A) (b) (i) 21
Omit "suppliers" wherever occurring. Insert instead "retailers". 22
[29] Section 33K (1) (g) 23
Omit "(a)". Insert instead "(c)". 24
[30] Section 33K (5) (c) 25
Omit "supplier". Insert instead "retailer". 26
[31] Section 33K (6) 27
Insert "or the National Energy Retail Law (NSW) or the National Energy 28
Retail Regulations (NSW)," after "the regulations,". 29
Page 25
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 2 Amendment of Gas Supply Act 1996 No 38
[32] Section 33L Obligations under rules 1
Omit section 33L (2). 2
[33] Section 33L (4) 3
Omit "supplier". Insert instead "retailer". 4
[34] Part 2A, Divisions 5 and 6 5
Omit the Divisions. 6
[35] Section 54 Liability for failure of gas supply 7
Omit the section. 8
[36] Section 65 Theft of gas 9
Omit "an authorised supplier". Insert instead "a retailer". 10
[37] Section 73 Court may order disconnection and discontinuance of gas 11
supply 12
Insert after section 73 (2): 13
(3) An order under this section has effect despite any other law. 14
[38] Section 74 Court may order payment for stolen gas 15
Omit "authorised supplier". Insert instead "retailer". 16
[39] Section 75 Orders for payment to operate as judgments 17
Omit "authorised supplier" from section 75 (1) (a). Insert instead "retailer". 18
[40] Section 75A Regulatory functions of Tribunal 19
Omit "subsection (3)" from section 75A (1) (b). 20
Insert instead "subsections (3) and (3A)". 21
[41] Section 75A (3) 22
Omit "and reporting to the Minister on". 23
[42] Section 75A (3A)-(3F) 24
Insert after section 75A (3): 25
(3A) The Tribunal has the function of monitoring the extent to which 26
regulated offer retailers comply, or fail to comply, with the 27
obligation (under section 37C of the National Energy Retail Law 28
Page 26
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of Gas Supply Act 1996 No 38 Schedule 2
(NSW)) to ensure that regulated offer prices comply with the gas 1
pricing orders of the Tribunal under Division 3 of Part 2 or any 2
applicable voluntary transitional pricing arrangement for gas. 3
(3B) For the purpose of enabling the Tribunal to exercise its functions, 4
the Minister must furnish to the Tribunal such information in the 5
possession of the Minister as the Tribunal may request in relation 6
to compliance with the obligation (under section 37C of the 7
National Energy Retail Law (NSW)) to ensure that regulated offer 8
prices comply with the gas pricing orders under Division 3 of 9
Part 2 or any applicable voluntary transitional pricing 10
arrangement for gas. 11
(3C) As soon as practicable after 30 June (but on or before 31 October) 12
in each year, the Tribunal must prepare and forward to the 13
Minister a report on the following: 14
(a) the extent to which holders of authorisations or licences 15
have complied, or failed to comply, with the conditions 16
imposed on the authorisations or licences held by them 17
during the 12 months ending on 30 June in that year, 18
(b) the extent to which regulated offer retailers have complied, 19
or failed to comply, with the obligation (under section 37C 20
of the National Energy Retail Law (NSW)) to ensure that 21
regulated offer prices comply with the gas pricing orders 22
of the Tribunal under Division 3 of Part 2 or any applicable 23
voluntary transitional pricing arrangement for gas during 24
the 12 months ending on 30 June in that year. 25
(3D) The Minister must lay the report or cause it to be laid before both 26
Houses of Parliament as soon as practicable after receiving the 27
report. 28
(3E) If a House of Parliament is not sitting when the Minister seeks to 29
table the report, the Minister may present copies of the report to 30
the Clerk of the House concerned. 31
(3F) The report: 32
(a) on presentation and for all purposes is taken to have been 33
laid before the House, and 34
(b) may be printed by authority of the Clerk of the House, and 35
(c) if printed by authority of the Clerk, is for all purposes taken 36
to be a report published by or under the authority of the 37
House, and 38
Page 27
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 2 Amendment of Gas Supply Act 1996 No 38
(d) is to be recorded: 1
(i) in the case of the Legislative Council, in the Minutes 2
of the Proceedings of the Legislative Council, and 3
(ii) in the case of the Legislative Assembly, in the Votes 4
and Proceedings of the Legislative Assembly, 5
on the first sitting day of the House after receipt of the 6
report by the Clerk. 7
[43] Section 76A Retail price disclosure and comparison 8
Omit the section. 9
[44] Section 83 Regulations 10
Insert "the National Energy Retail Law (NSW), the National Energy Retail 11
Regulations (NSW)," after "this Act," in section 83 (1). 12
[45] Section 83 (2) (d) and (e) 13
Omit the paragraphs. Insert instead: 14
(d) distributor service standards for reticulators that are 15
distributors within the meaning of the National Energy 16
Retail Law (NSW), 17
[46] Section 83 (2) (k) 18
Omit "reticulators, suppliers and". 19
[47] Section 83 (2) (m) 20
Insert after section 83 (2) (l): 21
(m) facilitating the Government's social programs for gas, 22
including: 23
(i) the adoption of Codes with respect to the 24
implementation of any such program in relation to a 25
specified class or specified classes of customers, 26
and 27
(ii) the payment and assessment of implementation and 28
enforcement costs, and 29
(iii) the publication of Codes, and 30
(iv) the application of such programs to distributors, 31
reticulators, retailers and exempt sellers, and 32
Page 28
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of Gas Supply Act 1996 No 38 Schedule 2
(v) the enforcement of Codes, in particular the giving 1
and enforcement of undertakings with respect to 2
compliance with Codes, and 3
(vi) the conferral of jurisdiction on the Local Court with 4
respect to the enforcement of undertakings. 5
[48] Section 83 (3) 6
Omit "suppliers and" wherever occurring. 7
[49] Sections 84 and 85 8
Omit the sections. 9
[50] Schedule 1 Amendment of other Acts and instruments 10
Omit the Schedule. 11
[51] Schedule 2 Savings, transitional and other provisions 12
Insert at the end of clause 1 (1): 13
National Energy Retail Law (Adoption) Act 2012 14
any other Act that amends this Act 15
[52] Dictionary 16
Omit the definitions of ancillary market activity, ancillary market 17
participant, approved gas industry ombudsman scheme, authorised supplier, 18
negotiated customer supply contract, retail customer, small retail customer, 19
standard form customer supply contract, standard supplier, supplier, 20
supplier's authorisation and supply district. 21
[53] Dictionary, definition of "authorisation" 22
Omit "or a supplier's authorisation". 23
[54] Dictionary, definition of "Department" 24
Omit "Water and Energy". 25
Insert instead "Trade and Investment, Regional Infrastructure and Services". 26
[55] Dictionary, definition of "reticulator's authorisation" 27
Omit "section 6 (a)". Insert instead "section 6". 28
Page 29
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 3 Amendment of National Electricity (New South Wales) Act 1997 No 20
Schedule 3 Amendment of National Electricity (New 1
South Wales) Act 1997 No 20 2
[1] Part 2A 3
Insert after Part 2: 4
Part 2A Related matters 5
8A Regulation-making power for National Electricity (New South 6
Wales) Law 7
The Governor may make such regulations as are contemplated by 8
the National Electricity (New South Wales) Law as being made 9
under this Act as the application Act of this jurisdiction. 10
8B Validation of instruments and decisions made by Australian 11
Energy Regulator 12
(1) This section applies to an instrument or a decision made by the 13
AER if: 14
(a) the instrument or decision was made: 15
(i) at or after the time that the amendments to the 16
National Electricity (South Australia) Act 1996 of 17
South Australia by the Statutes Amendment 18
(National Energy Retail Law) Act 2011 of South 19
Australia were enacted, but 20
(ii) before the time (the application time) that the 21
amendments started to apply under this Act as a law 22
of New South Wales, and 23
(b) had the amendments started so to apply, the making of the 24
instrument or decision would have been authorised by one 25
of the following laws (the authorising laws): 26
(i) the National Electricity (NSW) Law, 27
(ii) the National Electricity (NSW) Regulations, 28
(iii) this Act, 29
(iv) a regulation made under this Act, and 30
(c) if the making of the instrument or decision would be so 31
authorised subject to the satisfaction of any conditions or 32
other requirements (for example, consultation or 33
publication requirements)--the AER has done anything 34
that would, if the amendments had started so to apply, be 35
required under the authorising law for the instrument or 36
decision to be so authorised. 37
Page 30
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of National Electricity (New South Wales) Act 1997 No 20 Schedule 3
(2) For the purposes of the authorising law: 1
(a) the instrument or decision is taken to be valid, and 2
(b) the instrument or decision has effect from the application 3
time: 4
(i) as varied, and unless revoked, by any other 5
instrument or decision to which this section applies, 6
and 7
(ii) subject to that law so applying. 8
(3) For the purposes of this section: 9
(a) guidelines are an example of an instrument, and 10
(b) the following are examples of decisions: 11
(i) appointments, 12
(ii) determinations, 13
(iii) approvals. 14
8C Australian Energy Regulator--authorisation of preparatory steps 15
(1) This section applies if: 16
(a) the AER is required to do something (a preparatory step) 17
before making a decision or making an instrument under 18
one of the following (the authorising law): 19
(i) the National Electricity (NSW) Law, 20
(ii) the National Electricity (NSW) Regulations, 21
(iii) this Act, 22
(iv) a regulation under this Act, and 23
(b) the AER takes the preparatory step: 24
(i) at or after the time that the South Australian Act was 25
enacted, but 26
(ii) before the time that the amendments first started to 27
apply under this Act as a law of New South Wales. 28
(2) For the purposes of the authorising law, the AER is taken to have 29
complied with the requirement to take the preparatory step. 30
8D Liability of distributors 31
(1) Section 120 (2A) of the National Electricity Law set out in the 32
Schedule to the National Electricity (South Australia) Act 1996 33
of South Australia does not apply to an agreement between a 34
regulated distribution system operator and a person who is a 35
small customer within the meaning of the National Energy Retail 36
Law (NSW). 37
Page 31
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 3 Amendment of National Electricity (New South Wales) Act 1997 No 20
(2) The regulations may: 1
(a) prescribe requirements for agreements entered into under 2
section 120 (2) of the National Electricity (NSW) Law 3
between regulated distribution system operators and small 4
customers within the meaning of the National Energy 5
Retail Law (NSW), and 6
(b) exclude acts or omissions, or classes of acts or omissions, 7
from the acts or omissions that may be covered by an 8
agreement entered into by a regulated distribution system 9
operator under that subsection with a small customer. 10
[2] Section 9 11
Insert before section 10: 12
9 Regulations 13
The Governor may make regulations, not inconsistent with this 14
Act, for or with respect to any matter that by this Act is required 15
or permitted to be prescribed or that is necessary or convenient to 16
be prescribed for carrying out or giving effect to this Act. 17
[3] Schedule 2 Savings, transitional and other provisions 18
Omit clause 3 (1). Insert instead: 19
(1) The Governor may make regulations of a savings or transitional 20
nature consequent on the enactment of the following Acts: 21
this Act and any Act that amends this Act 22
National Energy Retail Law (Adoption) Act 2012 23
[4] Schedule 2, clause 3 (2) 24
Insert "or the National Electricity Rules" after "National Electricity (NSW) 25
Regulations". 26
Page 32
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of National Gas (New South Wales) Act 2008 No 31 Schedule 4
Schedule 4 Amendment of National Gas (New South 1
Wales) Act 2008 No 31 2
[1] Part 3A 3
Insert after Part 3: 4
Part 3A Related matters 5
12A Regulation-making power for National Gas (New South Wales) Law 6
The Governor may make such regulations as are contemplated by 7
the National Gas (New South Wales) Law as being made under 8
this Act as the application Act of this jurisdiction. 9
12B Validation of instruments and decisions made by Australian 10
Energy Regulator 11
(1) This section applies to an instrument or a decision made by the 12
AER if: 13
(a) the instrument or decision was made: 14
(i) at or after the time that the amendments to the 15
National Gas (South Australia) Act 2008 of South 16
Australia by the Statutes Amendment (National 17
Energy Retail Law) Act 2011 of South Australia 18
were enacted, but 19
(ii) before the time (the application time) that the 20
amendments first started to apply under this Act as 21
a law of New South Wales, and 22
(b) had the amendments started so to apply, the making of the 23
instrument or decision would have been authorised by one 24
of the following laws (the authorising laws): 25
(i) the National Gas (NSW) Law, 26
(ii) the National Gas (NSW) Regulations, 27
(iii) this Act, 28
(iv) a regulation made under this Act, and 29
(c) if the making of the instrument or decision would be so 30
authorised subject to the satisfaction of any conditions or 31
other requirements (for example, consultation or 32
publication requirements)--the AER has done anything 33
that would, if the amendments had started so to apply, be 34
required under the authorising law for the instrument or 35
decision to be so authorised. 36
Page 33
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 4 Amendment of National Gas (New South Wales) Act 2008 No 31
(2) For the purposes of the authorising law: 1
(a) the instrument or decision is taken to be valid, and 2
(b) the instrument or decision has effect from the application 3
time: 4
(i) as varied, and unless revoked, by any other 5
instrument or decision to which this section applies, 6
and 7
(ii) subject to that law so applying. 8
(3) For the purposes of this section: 9
(a) guidelines are an example of an instrument, and 10
(b) the following are examples of decisions: 11
(i) appointments, 12
(ii) determinations, 13
(iii) approvals. 14
12C Australian Energy Regulator--authorisation of preparatory steps 15
(1) This section applies if: 16
(a) the AER is required to do something (a preparatory step) 17
before making a decision or making an instrument under 18
one of the following (the authorising law): 19
(i) the National Gas (NSW) Law, 20
(ii) the National Gas (NSW) Regulations, 21
(iii) this Act, 22
(iv) a regulation under this Act, and 23
(b) the AER takes the preparatory step: 24
(i) at or after the time that the amendments to the 25
National Gas (South Australia) Act 2008 of South 26
Australia by the Statutes Amendment (National 27
Energy Retail Law) Act 2011 of South Australia 28
were enacted, but 29
(ii) before the time that the amendments first started to 30
apply under this Act as a law of New South Wales. 31
(2) For the purposes of the authorising law, the AER is taken to have 32
complied with the requirement to take the preparatory step. 33
Page 34
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Amendment of National Gas (New South Wales) Act 2008 No 31 Schedule 4
[2] Schedule 1 1
Insert after section 20: 2
Schedule 1 Savings and transitional provisions 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or 5
transitional nature consequent on the enactment of the following 6
Acts: 7
this Act and any Act that amends this Act 8
National Energy Retail Law (Adoption) Act 2012 9
(2) If the regulations so provide, they have effect despite any 10
provisions of the National Gas (NSW) Law, the National Gas 11
(NSW) Regulations or the National Gas (NSW) Rules. 12
(3) Any such provision may, if the regulations so provide, take effect 13
from the date of assent to the Act concerned or a later date. 14
(4) To the extent to which any such provision takes effect from a date 15
that is earlier than the date of its publication on the NSW 16
legislation website, the provision does not operate so as: 17
(a) to affect, in a manner prejudicial to any person (other than 18
the State or an authority of the State), the rights of that 19
person existing before the date of its publication, or 20
(b) to impose liabilities on any person (other than the State or 21
an authority of the State) in respect of anything done or 22
omitted to be done before the date of its publication. 23
2 Savings and transitional provisions consequent on NERL 24
(1) If a regulation made under this Schedule or under section 12 (3) 25
of the National Energy Retail Law (Adoption) Act 2012 so 26
provides, an applicable consumer law has effect despite the 27
provisions of an access arrangement with respect to a pipeline 28
located in this State that was in force under the National Gas 29
(NSW) Law immediately before the commencement of this 30
clause. 31
(2) The following are applicable consumer laws for the purposes of 32
this clause: 33
(a) any such regulation, 34
(b) the National Gas (NSW) Law, the National Gas (NSW) 35
Regulations or the National Gas (NSW) Rules, 36
Page 35
Energy Legislation Amendment (National Energy Retail Law) Bill 2012
Schedule 4 Amendment of National Gas (New South Wales) Act 2008 No 31
(c) the National Energy Retail Law (NSW) and any rules in 1
force under that Law, 2
(d) the National Energy Retail Regulations (NSW). 3
Page 36
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