Queensland Consolidated Acts

NATIONAL ELECTRICITY (QUEENSLAND) LAW

- As at 21 September 2023 
- Act neql of 2005 

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Citation
   2.      Definitions
   2A.     Meaning of access dispute
   2AA.    Meaning of civil penalty provision and conduct provision
   2AB.    Civil penalty amounts for breaches of civil penalty provisions
   2B.     Meaning of direct control network service
   2C.     Meaning of negotiated network service
   2D.     Meaning of regulatory obligation or requirement
   2E.     Meaning of regulatory payment
   2F.     Form of regulation factors
   2G.     Related bodies corporate
   3.      Interpretation generally
   4.      Savings and transitionals
   5.      Participating jurisdictions
   6.      Ministers of participating jurisdictions
   6A.     Nominated distributors
   6B.     Regulated stand-alone power systems
   7.      National electricity objective
   7AA.    Regulations may prescribe matters for national electricity objective
   7A.     Revenue and pricing principles
   7B.     Innovative trial principles
   8.      MCE statements of policy principles
   9.      National Electricity Rules to have force of law
   10.     Application of this Law and Regulations to coastal waters of this jurisdiction
   10A.    Corporations Act displacement

   PART 2 - PARTICIPATION IN THE NATIONAL ELECTRICITY MARKET

           Division 1 - Registration

   11.     Electricity market activities in this jurisdiction
   12.     Registration or exemption of persons participating in national electricity market
   13.     Exemptions for transmission system or distribution system owners, controllers and operators
   14.     Evidence of registration or exemption

           Division 2 - Regulated network service providers

   14A.    Regulated transmission system operator must comply with transmission determination
   14B.    Regulated distribution system operator must comply with distribution determination

   PART 2A - RETAILER RELIABILITY OBLIGATION

           Division 1 - General

   14C.    Definitions
   14D.    Meaning of liable entity for a region
   14E.    Process for non-liable persons to opt in to reliability obligations

           Division 2 - Reliability forecasts and instruments

   14F.    Annual forecast for reliability gaps
   14G.    Meaning of forecast reliability gap, forecast reliability gap period, T-3 cut-off day and T-1 cut-off day
   14H.    Rules must provide timetable for reliability forecasts, requests and instruments
   14I.    AEMO must request reliability instrument
   14J.    AEMO may correct request for reliability instrument
   14JA.   Minister may make T-3 reliability instrument
   14K.    AER may make reliability instrument for a region
   14L.    Reliability instrument has force of law
   14M.    Failure to comply with consultation obligation does not affect validity

           Division 3 - Reliability obligations

   14N.    Application of Division
   14O.    Meaning of qualifying contract and net contract position
   14P.    Obligation to report net contract position
   14Q.    Adjustment of net contract position after contract position day
   14R.    Obligation to have contracted sufficiently for one-in-two year peak demand forecast
   14S.    Obligation to maintain net contract position

           Division 4 - AEMO as procurer of last resort

   14T.    AEMO may recover costs for procurer of last resort function

   PART 3 - FUNCTIONS AND POWERS OF THE AUSTRALIAN ENERGY REGULATOR

           Division 1 - General

   15.     Functions and powers of AER
   16.     Manner in which AER performs AER economic regulatory functions or powers
   17.     Delegations
   18.     Confidentiality

           Division 1A - Wholesale electricity markets—AER monitoring and reporting functions

   18A.    Definitions
   18B.    Meaning of effective competition
   18C.    AER wholesale market monitoring and reporting functions
   18D.    Provision, use and disclosure of information
   18E.    Immunity from liability

           Division 1B - Rate of return instrument

              Subdivision 1 - Preliminary

   18F.    Definitions
   18G.    Rate of return instrument has force of law
   18H.    Rate of return instrument is binding on AER and network service providers

              Subdivision 2 - Requirement to make rate of return instrument

   18I.    AER to make rate of return instrument
   18J.    Control of rate of return instrument

              Subdivision 3 - Consultation requirements

   18K.    Process for making rate of return instrument
   18L.    Other matters AER must have regard to in making instrument
   18M.    Requirements before publishing draft instrument
   18N.    Consumer reference group
   18O.    Publication of draft instrument and other information
   18P.    Report about draft instrument by independent panel
   18Q.    Publication of explanatory information
   18R.    Failure to comply does not affect validity

              Subdivision 4 - Publication, review and other matters

   18S.    Publication of rate of return instrument
   18T.    Commencement and duration of instrument
   18U.    Review and replacement of instrument
   18V.    Application of instrument
   18W.    Rate of return instrument may apply for this Law and the National Gas Law

              Subdivision 5 - Confidentiality of information

   18X.    Confidentiality
   18Y.    Disclosure of information given in confidence

           Division 1C - Retailer Reliability Obligation—AER compliance regime

   18Z.    Definitions
   18ZA.   Obligation of AER to monitor compliance
   18ZB.   Obligation of regulated entities to establish arrangements to monitor compliance
   18ZC.   Obligation of regulated entities to keep records
   18ZD.   Obligation of regulated entities to provide information and data about compliance
   18ZE.   Compliance audits by AER
   18ZF.   Compliance audits by regulated entities
   18ZG.   Carrying out compliance audit
   18ZH.   Use of information
   18ZI.   Reliability Compliance Procedures and Guidelines

           Division 1D - AER trial waiver functions

   18ZJ.   Definitions
   18ZK.   Interpretative matters
   18ZL.   Trial waiver
   18ZM.   Conditions of trial waiver
   18ZN.   Consultation on trial waiver
   18ZO.   Publication etc of trial waiver
   18ZP.   Duration of trial waiver
   18ZQ.   Extension of trial waiver
   18ZR.   Compliance with trial waiver
   18ZS.   Revocation of trial waiver
   18ZT.   Other matters

           Division 2 - Search warrants

   19.     Definitions
   20.     Authorised person
   20A.    Identity cards
   20B.    Return of identity cards
   21.     Search warrant
   22.     Announcement of entry and details of warrant to be given to occupier or other person at premises
   23.     Announcement before entry
   24.     Copies of seized documents
   25.     Retention and return of seized documents or things
   26.     Extension of period of retention of documents or things seized
   27.     Obstruction of person authorised to enter

           Division 3 - General information gathering powers

   28.     Power to obtain information and documents in relation to performance and exercise of functions and powers

           Division 4 - Regulatory information notices and general regulatory information orders

              Subdivision 1 - Interpretation

   28A.    Definitions
   28B.    Meaning of contributing service
   28C.    Meaning of general regulatory information order
   28D.    Meaning of regulatory information notice
   28E.    Division does not limit operation of information gathering powers under Division 3

              Subdivision 2 - Serving and making of regulatory information instruments

   28F.    Service and making of regulatory information instrument
   28G.    Additional matters to be considered for related provider regulatory information instruments
   28H.    AER must consult before publishing a general regulatory information order
   28I.    Publication requirements for general regulatory information orders
   28J.    Opportunity to be heard before regulatory information notice is served

              Subdivision 3 - Form and content of regulatory information instruments

   28K.    Form and content of regulatory information instrument
   28L.    Further provision about the information that may be specified in a regulatory information instrument
   28M.    Further provision about manner in which information must be provided to AER or kept

              Subdivision 4 - Compliance with regulatory information instruments

   28N.    Compliance with regulatory information notice that is served
   28O.    Compliance with general regulatory information order
   28OA.   Confidentiality issues
   28OB.   Disclosure of information given to AER in compliance with regulatory information instrument
   28P.    Exemptions from compliance with general regulatory information order
   28Q.    Assumptions where there is non-compliance with regulatory information instrument

              Subdivision 5 - General

   28R.    Providing to AER false and misleading information
   28S.    Person cannot rely on duty of confidence to avoid compliance with regulatory information instrument
   28T.    Legal professional privilege not affected
   28U.    Protection against self-incrimination

           Division 5 - Network service provider performance reports

   28V.    Preparation of network service provider performance reports

           Division 6 - Disclosure of confidential information held by AER

   28W.    Authorised disclosure of information given to the AER in confidence
   28X.    Disclosure with prior written consent is authorised
   28Y.    Disclosure for purposes of court and tribunal proceedings and to accord natural justice
   28YA.   Disclosure of information to Energy Security Board
   28Z.    Disclosure of information given to the AER with confidential information omitted
   28ZA.   Disclosure of information given in confidence does not identify anyone
   28ZAA.  Disclosure of information in an aggregated form
   28ZAB.  Disclosure of information that has entered the public domain
   28ZB.   Disclosure of confidential information authorised if detriment does not outweigh public benefit

           Division 7 - Miscellaneous matters

   28ZC.   Consideration by the AER of submissions made to it under this Law
   28ZD.   Use of information provided under a notice under section 28 or a regulatory information instrument
   28ZE.   AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices
   28ZF.   AER Guidelines
   28ZG.   AER must report to MCE if it does not make network revenue or pricing determination within time
   28ZH.   Single documentation
   28ZI.   Use of information
   28ZJ.   (Repealed)

   PART 4 - FUNCTIONS AND POWERS OF THE AUSTRALIAN ENERGY MARKET COMMISSION

           Division 1 - General

   29.     Functions and powers of the AEMC
   30.     Delegations
   31.     Confidentiality
   32.     AEMC must have regard to national electricity objective
   32A.    Targets statement for greenhouse gas emissions targets
   33.     AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews

           Division 2 - Rule making functions and powers of the AEMC

   34.     Rule making powers
   35.     Rules relating to MCE or Ministers of participating jurisdictions require MCE consent
   36.     AEMC must not make Rules that create criminal offences or impose civil penalties for breaches
   37.     Documents etc applied, adopted and incorporated by Rules to be publicly available

           Division 3 - Committees, panels and working groups of the AEMC

   38.     The Reliability Panel
   39.     Establishment of committees and panels (other than the Reliability Panel) and working groups
   40.     (Repealed)

           Division 4 - MCE directed reviews

   41.     MCE directions
   42.     Terms of reference
   43.     Notice of MCE directed review
   44.     Conduct of MCE directed review

           Division 5 - Other reviews

   45.     Reviews by AEMC

           Division 6 - Miscellaneous

   46.     AEMC must publish and make available up to date versions of Rules
   47.     Fees
   48.     Confidentiality of information

   PART 5 - ROLE OF AEMO UNDER NATIONAL ELECTRICITY LAW

           Division 1 - General

   49.     AEMO’s statutory functions
   49A.    AEMO’s power to carry out statutory functions
   49B.    Delegation

           Division 2 - AEMO’s adoptive jurisdiction functions

              Subdivision 1 - Preliminary

   50.     Application of this Division
   50A.    AEMO to account to relevant Minister for performance of adoptive functions

              Subdivision 2 - AEMO’s additional advisory functions

   50B.    Additional advisory functions

              Subdivision 3 - AEMO’s declared network functions

   50C.    AEMO’s declared network functions
   50D.    Network agreement
   50E.    Connection agreements
   50F.    Augmentation
   50G.    AEMO to have qualified exemption for performing statutory functions
   50H.    Resolution of dispute arising from attempt to negotiate a network agreement or augmentation connection agreement
   50J.    General principles governing determinations

           Division 3 - Information etc to be provided to Ministers

   51.     Ministerial request
   51A.    Compliance with request
   51B.    Quarterly report

           Division 4 - Fees and charges

   52.     AEMO fees and charges

           Division 5 - Information gathering

   53.     Information gathering powers
   53A.    Making and publication of general market information order
   53B.    Service of market information notice
   53C.    Compliance with market information instrument
   53D.    Use of information
   53E.    Providing false or misleading information

           Division 6 - Protected information

              Subdivision 1 - AEMO’s obligation to protect information

   54.     Protected information

              Subdivision 2 - Disclosure of protected information held by AEMO

   54A.    Authorised disclosure of protected information
   54B.    Disclosure with prior written consent
   54C.    Disclosure required or permitted by law etc
   54D.    Disclosure for purposes of court and tribunal proceedings
   54E.    Disclosure of document with omission of protected information
   54F.    Disclosure of non-identifying information
   54FA.   Disclosure of information in an aggregated form
   54G.    Disclosure of protected information for safety, proper operation of the market etc
   54H.    Disclosure of protected information authorised if detriment does not outweigh public benefit

           Division 7 - AEMO’s statutory funds

   55.     Definitions
   55A.    AEMO’s Rule funds
   55B.    Payments into and out of Rule funds
   55C.    Investment

   PART 5A - FUNCTIONS AND POWERS OF MINISTER OF THIS PARTICIPATING JURISDICTION

   57A.    Functions and powers of Minister of this participating jurisdiction

   PART 5B - FUNCTIONS AND POWERS OF TRIBUNAL

   57B.    Functions and powers of Tribunal under this Law

   PART 6 - PROCEEDINGS UNDER THE NATIONAL ELECTRICITY LAW

           Division 1 - General

   58.     (Repealed)
   59.     Instituting civil proceedings under this Law

           Division 1A - Enforceable undertakings

   59A.    Enforceable undertakings

           Division 2 - Proceedings by the AER in respect of this Law, the Regulations and the Rules

   60.      Time limit within which AER may institute proceedings
   61.     Proceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences
   61A.    Proceedings for declaration that a person has breached a conduct provision
   61B.    Actions for damages by persons for breach of conduct provisions
   62.     Additional Court orders
   63.     Orders for disconnection in certain circumstances where there is no breach
   64.     Matters for which there must be regard in determining amount of civil penalty
   65.     Breach of a civil penalty provision is not an offence
   66.     Breaches of civil penalty provisions involving continuing failure
   67.     Conduct in breach of more than one civil penalty provision
   67A.    Conduct in breach of reliability obligation civil penalty provision
   68.     Persons involved in breach of civil penalty provision or conduct provision
   68A.    Attempt to breach civil penalty provision
   69.     Civil penalties payable to the Commonwealth

           Division 2A - Proceedings before, and awards etc of, Dispute resolution panels

   69A.    Commercial Arbitration Acts apply to proceedings before Dispute resolution panels

           Division 3 - Judicial review of decisions and determinations under this Law, the Regulations and the Rules

   70.      Applications for judicial review
   71.     Appeals on questions of law from decisions or determinations of Dispute resolution panels

           Division 3A - Merits review and other non-judicial review

              Subdivision 1 - Interpretation

   71A.    Definitions

              Subdivision 2 - (Repealed)

              Subdivision 3 - Tribunal review of information disclosure decisions

   71S.    Application for review
   71T.    Exclusion of public in certain cases
   71U.    Determination in the review
   71V.    Tribunal must be taken to have affirmed decision if decision not made within time
   71W.    Assistance from AER or AEMO

              Subdivision 4 - General

   71X.    Costs in a review
   71Y.    Amount of costs
   71YA.   (Repealed)
   71Z.    (Repealed)

           Division 3B - Enforcement of access determinations

   71ZA.   Enforcement of access determinations
   71ZB.   Consent injunctions
   71ZC.   Interim injunctions
   71ZD.   Factors relevant to granting a restraining injunction
   71ZE.   Factors relevant to granting a mandatory injunction
   71ZF.   Discharge or variation of injunction or other order

           Division 4 - Other civil proceedings

   72.     Obligations under Rules to make payments

           Division 5 - Infringement notices

   73.     Definitions
   74.     Power to serve a notice
   75.     Form of notice
   76.     Infringement penalties
   77.     AER cannot institute proceedings while infringement notice on foot
   78.     Late payment of penalty
   79.     Withdrawal of notice
   80.     Refund of infringement penalty
   81.     Payment expiates breach of civil penalty provision
   82.     Payment not to have certain consequences
   83.     Conduct in breach of more than one civil penalty provision
   84.     (Repealed)

           Division 6 - Miscellaneous

   85.     Offences and breaches by corporations
   86.     Corporations also in breach if officers and employees are in breach

   PART 7 - THE MAKING OF THE NATIONAL ELECTRICITY RULES

           Division 1 - General

              Subdivision 1 - Interpretation

   87.     Definitions

              Subdivision 2 - Rule making tests

   88.     Application of national electricity objective
   88A.    AEMC must take into account form of regulation factors in certain cases
   88B.    AEMC must take into account revenue and pricing principles in certain cases
   88C.    AEMC must take into account innovative trial principles in certain cases
   89.     AEMC must have regard to certain matters in relation to the making of jurisdictional derogations

           Division 2 - Minister initiated National Electricity Rules

              Subdivision 1 - Initial Rules made by Minister

   90.     South Australian Minister to make initial National Electricity Rules
   90A.    South Australian Minister to make further Rules relating to distribution determinations consumer advocacy and other matters
   90AB.   South Australian Minister to make initial Rules relating to consumer data right and further Rules relating to disclosure of data
   90B.    South Australian Minister to make initial Rules related to AEMO’s functions under this Law
   90BA.   South Australian Minister may make consequential Rules relating to rate of return instrument
   90C.    South Australian Minister to make initial Rules related to smart meters
   90D.    South Australian Minister may make initial Rules relating to implementation of NERL and NERR
   90DA.   South Australian Minister to make initial Rules relating to regulatory sandboxing
   90E.    South Australian Minister to make initial Rules relating to Energy Consumers Australia
   90EA.   South Australian Minister to make initial Rules relating to Retailer Reliability Obligation
   90EB.   South Australian Minister to make initial Rules relating to stand-alone power systems
   90EC.   South Australian Minister to make initial Rules relating to Ministerial reliability instrument
   90ED.   South Australian Minister may make initial Rules relating to national electricity objective

              Subdivision 2 - Rules made by Minister from time to time

   90F.    South Australian Minister may make Rules on recommendation of MCE and Energy Security Board

           Division 3 - Procedure for the making of a Rule by the AEMC

   91.     Initiation of making of a Rule
   91A.    AEMC may make more preferred Rule in certain cases
   91B.    AEMC may make Rules that are consequential to a Rule request
   92.     Contents of requests for Rules
   92A.    Waiver of fee for Rule requests
   93.     Consolidation of 2 or more Rule requests
   94.     Initial consideration of request for Rule
   94A.    AEMC may request further information from Rule proponent in certain cases
   95.     Notice of proposed Rule
   96.     Publication of non-controversial or urgent final Rule determination
   96AA.   Publication of final Rule determination for trial Rule
   96A.    “Fast track” Rules where previous public consultation by electricity market regulatory body or an AEMC review
   97.     Right to make written submissions and comments
   98.     AEMC may hold public hearings before draft Rule determination
   99.     Draft Rule determinations
   100.    Right to make written submissions and comments in relation to draft Rule determination
   101.    Pre-final Rule determination hearings
   102.    Final Rule determinations
   102A.   Proposal to make more preferable Rule
   103.    Making of Rule
   104.    Operation and commencement of Rule
   104A.   Extension of trial Rule
   104B.   AEMC may impose requirements on proponent of trial project on making trial Rule
   104C.   AEMC may revoke trial Rule on recommendation of AER
   104D.   Special provision for revocation of trial Rule
   105.    Rule that is made to be published on website and made available to the public
   106.    Evidence of the National Electricity Rules

           Division 4 - Miscellaneous provisions relating to Rule making by the AEMC

   107.    Extensions of periods of time in Rule making procedure
   107A.   AEMC may extend period of time for making of final Rule determination for further consultation
   108.    AEMC may publish written submissions and comments unless confidential
   108A.   AEMC must publicly report on Rules not made within 12 months of public notification of requests
   108B.   Subsequent rule making by AEMC

   PART 8 - SAFETY AND SECURITY OF THE NATIONAL ELECTRICITY SYSTEM

   109.    Definitions
   110.    Appointment of jurisdictional system security coordinator
   111.    Jurisdictional system security coordinator to prepare jurisdictional load shedding guidelines
   112.    AEMO to develop load shedding procedures for each participating jurisdiction
   113.    Exchange of information
   114.    AEMO to ensure maintenance of supply of sensitive loads
   115.    Shedding and restoring of loads
   115A.   Determination of customer load shedding arrangement
   116.    Actions that may be taken to ensure safety and security of national electricity system
   117.    AEMO to liaise with Minister of this jurisdiction and others during an emergency
   118.    Obstruction and non-compliance

   PART 8A - SMART METERING SERVICES

           Division 1 - Interpretation

   118A.   Definitions

           Division 2 - Ministerial pilot metering determinations

   118B.   Ministerial pilot metering determinations
   118C.   Consultation with interested persons required before making Ministerial pilot metering determination

           Division 3 - (Repealed)

           Division 4 - Provisions applicable to Ministerial smart metering determinations

   118F.   Compliance with Ministerial smart metering determinations
   118G.   Minister of participating jurisdiction must consult with other participating jurisdiction Ministers
   118H.   Content of Ministerial smart metering determinations
   118I.   Publication and giving of Ministerial smart metering determinations
   118J.   When Ministerial smart metering determinations take effect
   118K.   AEMC must publish Ministerial smart metering determination it receives on its website

   PART 9 - IMMUNITIES

   119.    Immunity of AEMO and network service providers
   120.    Immunity in relation to failure to supply electricity
   120A.   Immunity in relation to use of computer software
   120B.   Immunity from liability—dispute resolution
   121.    Immunity from personal liability of AEMC officials
   122.    Immunity from personal liability of Reliability Panel

   PART 10 - ACCESS DISPUTES

           Division 1 - Interpretation and application

   123.    Definitions
   124.    Part does not limit how disputes about access may be raised or dealt with

           Division 2 - Notification of access dispute

   125.    Notification of access dispute
   126.    Withdrawal of notification
   127.    Parties to an access dispute

           Division 3 - Access determinations

   128.    Determination of access dispute
   129.    AER may require parties to mediate, conciliate or engage in an alternative dispute resolution process
   130.    Access determination must give effect to network revenue or pricing determination
   131.    AER may terminate access dispute in certain cases
   132.    AER must terminate access dispute if there is genuine competition
   133.    Restrictions on access determinations
   134.    Access determination need not require the provision of an electricity network service

           Division 4 - Variation of access determinations

   135.    Variation of access determinations

           Division 5 - Compliance with access determinations

   136.    Compliance with access determination

           Division 6 - Access dispute hearing procedure

   137.    Hearing to be in private
   138.    Right to representation
   139.    Procedure of AER
   140.    Particular powers of AER in a hearing
   141.    Disclosure of information
   142.    Power to take evidence on oath or affirmation
   143.    Failing to attend as a witness
   144.    Failing to answer questions etc
   145.    Intimidation etc
   146.    Party may request AER to treat material as confidential
   147.    Costs
   148.    Outstanding costs are a debt due to party awarded the costs

           Division 7 - Joint access dispute hearings

   149.    Definition
   150.    Joint dispute hearing
   151.    Consulting the parties
   152.    Constitution and procedure of AER for joint dispute hearings
   153.    Record of proceedings etc

           Division 8 - Miscellaneous matters

   154.    Correction of access determinations for clerical mistakes etc
   155.    Subsequent network service provider bound by access determinations
   156.    Regulations about the charges to be paid by parties to access dispute for AER’s costs in dispute hearing

   PART 11 - GENERAL

   157.    Preventing or hindering access
   158.    Failure to make a decision under this Law or the Rules within time does not invalidate the decision
   159.    Penalty privilege
   160.    Court may grant relief from liability
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3