NATIONAL ENERGY RETAIL LAW (QUEENSLAND) - As at 7 March 2024

Queensland Consolidated Acts

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NATIONAL ENERGY RETAIL LAW (QUEENSLAND) - As at 7 March 2024 - Act nerlq of 2014

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

Division 1 - Citation and interpretation

1. Citation
2. Interpretation
2A. Natural gas equivalent
3. Application of Law, National Regulations and Rules in this jurisdiction
3A. Application to prescribed covered gas
4. Meaning of civil penalty provision and conduct provision
4A. Civil penalty amounts for breaches of civil penalty provisions
5. Meaning of customer and associated terms
6. Provisions relating to consumption thresholds for business customers
7. Classification and reclassification of customers
7A. Related bodies corporate
8. Interpretation generally
8A. Savings and transitionals

Division 2 - Matters relating to participating jurisdictions

9. Participating jurisdictions
10. Ministers of participating jurisdictions
11. Local area retailers
12. Nominated distributors

Division 3 - National energy retail objective and policy principles

13. National energy retail objective
13AA. National Regulations may prescribe matters for national energy retail objective
13A. Innovative trial principles
14. MCE statements of policy principles

Division 4 - Operation and effect of National Energy Retail Rules

15. Rules to have force of law

Division 5 - Application of this Law and the Rules to forms of energy

16. Application of Law and Rules to energy

Division 6 - Miscellaneous

17. Extraterritorial operation of Law
18. Law binds the State

PART 2 - RELATIONSHIP BETWEEN RETAILERS AND SMALL CUSTOMERS

Division 1 - Preliminary

19. Application of this Part

Division 1A - Additional Queensland provisions about restrictions on sale of energy
Editor’s note—

19A. Restriction on selling electricity to particular small customers
19B. Restriction on selling gas to particular small customers
19C. Additional restrictions on sale of energy by assigned retailer
19D. Monitoring, investigating and enforcing this Division

Division 2 - Customer retail contracts generally

20. Kinds of customer retail contracts

Division 3 - Standing offers and standard retail contracts for small customers

21. Model terms and conditions
22. Obligation to make offer to small customers
22A. Additional Queensland provision about standing offer prices for particular retailers
23. Standing offer prices
23A. Additional Queensland provision about publication and notification of standing offer prices etc.
23B. Monitoring, investigating and enforcing ss 22A and 23A
24. Presentation of standing offer prices
25. Adoption of form of standard retail contract
26. Formation of standard retail contract
27. Obligation to comply with standard retail contract
28. Variation of standard retail contract
29. Standard retail contract to be consistent with model terms and conditions
30. Duration of standard retail contract
31. Satisfaction of designated retailer’s obligation to make standing offer by making market offer to certain small customers
32. Rules

Division 4 - Market retail contracts for small customers

33. Formation of market retail contracts
34. Minimum requirements for market retail contracts
35. Variation of market retail contract
36. Market retail contract to be consistent with minimum requirements of the Rules
37. Presentation of market offer prices

Division 5 - Explicit informed consent

38. Requirement for explicit informed consent for certain transactions
39. Nature of explicit informed consent
40. Record of explicit informed consent
41. No or defective explicit informed consent
42. Rules

Division 6 - Customer hardship

43. Customer hardship policies
44. Minimum requirements for customer hardship policy
45. Approval of customer hardship policy or variation
46. Obligation of retailer to communicate customer hardship policy
47. General principle regarding de‐energisation (or disconnection) of premises of hardship customers
48. Consistency of market retail contract with hardship policy
49. Rules

Division 7 - Payment plans

50. Payment plans
51. Debt recovery
52. Rules

Division 8 - Energy marketing
Note—

53. Energy Marketing Rules

Division 9 - Deemed customer retail arrangements

54. Deemed customer retail arrangement for new or continuing customer without customer retail contract
55. Terms and conditions of deemed customer retail arrangements

Division 10 - Prepayment meter systems

56. Use of prepayment meter systems only in jurisdictions where permitted
57. Contractual arrangements for use of prepayment meter systems
58. Use of prepayment meter systems to comply with energy laws
59. Persons on life support equipment
60. Rules

Division 10A - Additional Queensland provisions about selling electricity using card-operated meters
Editor’s note—

60A. Model terms and conditions for standard retail contract for selling electricity using card-operated meter
60B. Adoption of form of standard retail contract (card-operated meters)
60C. Contractual arrangements for selling electricity using card-operated meter
60D. Premises registered as having life support equipment
60DA. When standard retail contract (card-operated meters) takes effect
60E. Monitoring, investigating and enforcing this Division

Division 11 - AER Retail Pricing Information Guidelines and price comparator

61. AER Retail Pricing Information Guidelines for presentation of standing and market offer prices
62. Price comparator
63. AER information gathering powers for pricing guidelines and comparator

Division 12 - Large customers—responsibility for energy consumed

64. Large customer consuming energy at premises

Division 12A - Additional Queensland provisions about large customers
Editor’s note—

Subdivision 1 - Restriction on sale of gas

64A. Restriction on selling gas to particular large customers

Subdivision 2 - Assigned retailer to provide customer retail services to particular large customers

64B. Definition
64C. Declaration of assigned retailer
64D. Assigned retailer to make offer to large customers
64E. Assigned retailer’s large customer standard retail contract
64F. Formation of assigned retailer’s large customer standard retail contract
64G. Obligation to comply with assigned retailer’s large customer standard retail contract
64H. Duration of assigned retailer’s large customer standard retail contract
64I. Deemed large customer retail arrangement for new or continuing customer without assigned retailer’s large customer standard retail contract
64J. Terms and conditions of deemed large customer retail arrangements
64K. Application of Rules to assigned retailer’s large customers

Subdivision 3 - Origin Energy to provide customer retail services to particular large customers

64L. Definitions
64M. Origin Energy to make offer to particular large customers
64N. Origin Energy’s large customer standard retail contract
64O. Formation of Origin Energy’s large customer standard retail contract
64P. Obligation to comply with Origin Energy’s large customer standard retail contract
64Q. Duration of Origin Energy’s large customer standard retail contract

Subdivision 4 - Other provisions

64R. Obligation to provide customer retail services to particular large customers
64S. Monitoring, investigating and enforcing this Division

PART 3 - RELATIONSHIP BETWEEN DISTRIBUTORS AND CUSTOMERS

Division 1 - Preliminary

65. Application of this Part

Division 2 - Obligation to provide customer connection services

66. Obligation to provide customer connection services

Division 3 - Customer connection contracts generally

67. Kinds of customer connection contracts

Division 4 - Deemed standard connection contracts

68. Model terms and conditions
69. Adoption of form of deemed standard connection contract
70. Formation of deemed standard connection contract
71. Obligations to comply with deemed standard connection contract and to bill retailer
72. Variation of deemed standard connection contract
73. Deemed standard connection contract to be consistent with model terms and conditions
74. Duration of deemed standard connection contract

Division 5 - Deemed AER approved standard connection contracts

75. Submission and approval of form of standard connection contracts for large customers
76. Formation of deemed AER approved standard connection contract
77. Amendment and replacement of form of deemed AER approved standard connection contract

Division 6 - Negotiated connection contracts

78. Negotiated connection contracts

Division 6A - Additional Queensland provisions about providing customer connection services for card-operated meter premises
Editor’s note—

78A. Model terms and conditions for deemed standard connection contract for card-operated meter premises
78B. Contractual arrangements for card-operated meter premises
78C. Monitoring, investigating and enforcing this Division

PART 4 - SMALL CUSTOMER COMPLAINTS AND DISPUTE RESOLUTION

79. Definitions
80. Role of energy ombudsman
81. Standard complaints and dispute resolution procedures
82. Complaints made to retailer or distributor for internal resolution
83. Complaints made or disputes referred to energy ombudsman
84. Functions and powers of energy ombudsman
85. Information and assistance requirements
86. Retailers and distributors to be members of scheme
87. Rules

PART 5 - AUTHORISATION OF RETAILERS AND EXEMPT SELLER REGIME

Division 1 - Prohibition on unauthorised selling of energy

88. Requirement for authorisation or exemption
88A. Additional Queensland provision for exception from requirement for authorisation or exemption

Division 2 - Application for and issue of retailer authorisation

89. Applications
90. Entry criteria
91. Public notice and submissions
92. Deciding application
93. Conditions
94. Notice of decision to grant application
95. Deemed refusal
96. Issue and public notice of retailer authorisation
96A. Retailer authorisation may be held jointly
97. Notice of refusal
98. Duration of retailer authorisation
99. Variation of retailer authorisation
100. Form of energy authorised to be sold

Division 3 - Transfer of retailer authorisation

101. Transfer only by application
102. Applying for transfer
103. Deciding transfer application
104. Application of application process to transfers
104A. Change in legal structures

Division 4 - Surrender of retailer authorisation

105. Surrender of retailer authorisation
106. Transfer of customers following surrender

Division 5 - Revocation of retailer authorisation
Note—

107. Power to revoke retailer authorisation
108. Transfer of customers following revocation

Division 6 - Exemptions

109. Definitions
110. Power to exempt
111. Power to revoke exemption
112. Conditions
113. Rules
114. Manner in which AER performs AER exempt selling regulatory functions or powers
115. Exempt seller related factors
116. Customer related factors

Division 7 - Miscellaneous

117. AER Retailer Authorisation Guidelines
118. AER Exempt Selling Guidelines
119. Public Register of Authorised Retailers and Exempt Sellers
120. Revocation process—retailer authorisations and exemptions

PART 5A - AER TRIAL WAIVER FUNCTIONS

121A. Definitions
121B. Interpretative matters
121C. Trial waiver
121D. Conditions of trial waiver
121E. Consultation on trial waiver
121F. Publication etc of trial waiver
121G. Duration of trial waiver
121H. Extension of trial waiver
121I. Compliance with trial waiver
121J. Revocation of trial waiver
121K. Other matters

PART 6 - RETAILER OF LAST RESORT SCHEME

Division 1 - Preliminary

121. Purpose of this Part
121A. Additional Queensland provision about application to distribution systems of Ergon Energy Distribution
122. Definitions

Division 2 - Registration of RoLRs

123. RoLR criteria
123A. Additional Queensland provision about when assigned retailer can be registered as a RoLR
124. Expressions of interest for registration as a RoLR
125. Appointment and registration as a default RoLR
126. Registration of additional RoLRs
127. Register of RoLRs
128. Termination of registration as a RoLR
129. New basis for registration as a RoLR

Division 3 - Contingency events

130. AER’s powers
131. Confidentiality provisions

Division 4 - Appointment of designated RoLRs

132. Designation of registered RoLR for RoLR event
133. Criteria for RoLR designation
134. Appointment of more than one designated RoLR for RoLR event
135. AER RoLR Guidelines

Division 5 - Declaration of RoLR event

136. Issue of RoLR notice
137. RoLR notice—direction for gas
138. Service and publication of RoLR notice
139. Publication requirements for RoLR events
140. Transfer of responsibility
141. Termination of customer retail contracts
142. Revocation of retailer authorisation
143. Compliance requirements following service of RoLR notice
144. RoLR Procedures

Division 6 - Arrangements for sale of energy to transferred customers

145. Contractual arrangements for sale of energy to transferred small customers
146. Contractual arrangements for sale of energy to transferred large customers
147. Duration of arrangements for small customers
148. Duration of arrangements for large customers

Division 7 - Information requirements

Subdivision 1 - Preliminary

149. Operation of this Division

Subdivision 2 - General obligation to notify AER

150. Information to be provided to AER by AEMO and retailers

Subdivision 3 - Serving and making of RoLR regulatory information notices

151. Meaning of RoLR regulatory information notice
152. Service of RoLR regulatory information notice

Subdivision 4 - Form and content of RoLR regulatory information notices

153. Form and content of RoLR regulatory information notice
154. Further provision about the information that may be described in a RoLR regulatory information notice
155. Further provision about manner in which information must be provided

Subdivision 5 - Compliance with RoLR regulatory information notices

156. Compliance with RoLR regulatory information notices
157. Provision of information obtained from RoLR regulatory information notice

Subdivision 6 - General

158. Providing false or misleading information
159. Person cannot rely on duty of confidence to avoid compliance with RoLR regulatory information notice
160. Legal professional privilege not affected
161. Protection against self-incrimination

Division 8 - RoLR plans

162. RoLR plans
163. Contents of RoLR plans

Division 9 - RoLR cost recovery schemes

164. Operation of this Division, schemes and determinations
165. RoLR cost recovery
166. RoLR cost recovery schemes
167. RoLR cost recovery scheme distributor payment determination
168. Amendment of schemes and determinations

Division 10 - Miscellaneous

169. Information to be included in customer retail contracts
170. Application for retailer authorisation by failed retailer or associate
171. Reimbursement of insolvency official
172. AER report on RoLR event
173. Immunity
174. Authorised disclosure of information
175. Corporations Act displacement

PART 7 - (Repealed)

PART 8 - FUNCTIONS AND POWERS OF THE AUSTRALIAN ENERGY REGULATOR

Division 1 - General

204. Functions and powers of AER (including delegations)
205. Manner in which AER performs AER regulatory functions or powers

Division 2 - General information gathering powers

206. Power to obtain information and documents

Division 3 - Disclosure of confidential information held by AER

207. Confidentiality
208. Authorised disclosure of information given to AER in confidence
209. Disclosure with prior written consent is authorised
210. Disclosure for purposes of court and tribunal proceedings and to accord natural justice
210A. Disclosure of information to Energy Security Board
211. Disclosure of information given to AER with confidential information omitted
212. Disclosure of information given in confidence does not identify anyone
213. Disclosure of information that has entered the public domain
214. Disclosure of protected information authorised if detriment does not outweigh public benefit

Division 4 - Miscellaneous matters

215. Consideration by the AER of submissions or comments made to it under this Law or the Rules
216. Use of information provided under a notice under Division 2
217. AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices
218. AER Guidelines
219. Single documentation
220. Use of information

PART 9 - FUNCTIONS AND POWERS OF THE AUSTRALIAN ENERGY MARKET COMMISSION

Division 1 - General

221. Functions and powers of the AEMC
222. Delegations
223. Confidentiality
224. AEMC must have regard to national energy retail objective
224A. Targets statement for greenhouse gas emissions targets
225. 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

226. Rule making powers

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

227. Establishment of committees and panels and working groups

Division 4 - MCE directed reviews

228. MCE directions
229. Terms of reference
230. Notice of MCE directed review
231. Conduct of MCE directed review

Division 5 - Other reviews

232. Reviews by AEMC

Division 6 - Miscellaneous

233. Fees
234. Confidentiality of information

PART 10 - NATIONAL ENERGY RETAIL RULES

Division 1 - General

Subdivision 1 - Interpretation

235. Definitions

Subdivision 2 - Rule making test

236. Application of national energy retail objective
236A. AEMC must take into account innovative trial principles in certain cases

Division 2 - National Energy Retail Rules generally

237. Subject matters of Rules

Division 3 - Minister initiated National Energy Retail Rules

Subdivision 1 - Initial Rules made by Minister

238. South Australian Minister to make initial National Energy Retail Rules
238AA. South Australian Minister to make initial Rules relating to regulatory sandboxing
238A. South Australian Minister may make initial Rules related to consumer protections and smart meters
238AB. South Australian Minister may make initial Rules relating to stand-alone power systems
238AC. South Australian Minister may make initial Rules relating to national energy retail objective
238AD. South Australian Minister to make initial Rules relating to other gases

Subdivision 2 - Rules made by Minister from time to time

238B. South Australian Minister may make Rules on recommendation of MCE and Energy Security Board

Division 4 - Subsequent Rules and rule amendment procedure

239. Subsequent rule making by AEMC
240. Rules relating to MCE or Ministers of participating jurisdictions require MCE consent
241. AEMC must not make Rules that create criminal offences or impose civil penalties for breaches
242. Documents etc applied, adopted and incorporated by Rules to be publicly available
243. Initiation of making of a Rule
244. AEMC may make more preferable Rule in certain cases
245. AEMC may make Rules that are consequential to a Rule request
246. Content of requests for Rules
247. Waiver of fee for Rule requests
248. Consolidation of 2 or more Rule requests
249. Initial consideration of request for Rule
250. AEMC may request further information from Rule proponent in certain cases
251. Notice of proposed Rule
252. Publication of non-controversial or urgent final Rule determination
252A. Publication of final Rule determination for trial Rule
253. “Fast track” Rules where previous public consultation by energy regulatory body or an AEMC review
254. Right to make written submissions and comments
255. AEMC may hold public hearings before draft Rule determination
256. Draft Rule determinations
257. Right to make written submissions and comments in relation to draft Rule determination
258. Pre-final Rule determination hearings
259. Final Rule determination
260. Proposal to make more preferable Rule
261. Making of Rule
262. Operation and commencement of Rule
262A. Extension of trial Rule
262B. AEMC may impose requirements on proponent of trial project on making trial Rule
262C. AEMC may revoke trial Rule on recommendation of AER
262D. Special provision for revocation of trial Rule
263. Rule that is made to be published on website and made available to the public
264. AEMC must publish and make available up to date versions of Rules
265. Evidence of the National Energy Retail Rules

Division 5 - Miscellaneous provisions relating to Rule making by the AEMC

266. Extensions of periods of time in Rule making procedure
267. AEMC may extend period of time for making of final Rule determination for further consultation
268. AEMC may publish written submissions and comments unless confidential
269. AEMC must publicly report on Rules not made within 12 months of public notification of requests

PART 11 - NATIONAL ENERGY RETAIL REGULATIONS

270. General regulation-making power for this Law
271. Specific regulation‐making power

PART 12 - COMPLIANCE AND PERFORMANCE

Division 1 - AER compliance regime

272. Obligation of AER to monitor compliance
273. Obligation of regulated entities to establish arrangements to monitor compliance
274. Obligation of regulated entities to provide information and data about compliance
275. Compliance audits by AER
276. Compliance audits by regulated entities
277. Carrying out of compliance audits
278. Cost of compliance audits
279. Compliance reports
280. Contents of compliance reports
281. AER Compliance Procedures and Guidelines

Division 2 - AER performance regime

282. Obligation of regulated entities to provide information and data about performance
283. Performance audits—hardship
284. Retail market performance reports
285. Contents of retail market performance reports
286. AER Performance Reporting Procedures and Guidelines
287. Hardship program indicators

PART 13 - ENFORCEMENT

Division 1 - Enforceable undertakings

288. Enforceable undertakings

Division 2 - Proceedings generally

289. Instituting civil proceedings under this Law
290. Time limit within which proceedings may be instituted

Division 3 - Proceedings for breaches of this Law, the National Regulations or the Rules

291. AER proceedings for breaches of this Law, the National Regulations or the Rules that are not offences
292. Proceedings for declaration that a person has breached a conduct provision
293. Actions for damages by persons for breach of conduct provision

Division 4 - Matters relating to breaches of this Law, the National Regulations or the Rules

294. Matters for which there must be regard in determining amount of civil penalty
295. Breach of a civil penalty provision is not an offence
296. Breaches of civil penalty provisions involving continuing failure
297. Conduct in breach of more than one civil penalty provision
298. Persons involved in breach of civil penalty provision or conduct provision
299. Attempt to breach a civil penalty provision
300. Civil penalties payable to the Commonwealth
300A. Indexation of civil penalty amounts
300B. Indexation of criminal penalties

Division 5 - Judicial review of decisions under this Law, the National Regulations and the Rules

301. Definition
302. Applications for judicial review of decisions of the AEMC

Division 6 - Further provision for corporate liability for breaches of this Law

303. Definition
304. Offences and breaches by corporations
305. Corporations also in breach if officers and employees are in breach

Division 7 - Application of provisions of NGL

306. Tribunal review of information disclosure decision
307. Costs in a review
308. Infringement notices
309. Search warrants

PART 14 - EVIDENTIARY MATTERS

Division 1 - Publication on websites

310. Definitions
311. Publication of decisions on websites

Division 2 - Evidentiary certificates

312. Definitions
313. Evidentiary certificates—AER
314. Evidentiary certificates—AEMC

Division 3 - Time of commencement of a Rule

315. Time of commencement of a Rule

PART 15 - GENERAL

316. Immunity in relation to failure to supply energy
317. Distributor—retailer mutual indemnity
318. Immunity in relation to personal liability of AEMC officials
319. Giving of notices and other documents under Law or Rules
320. Law and the Rules to be construed not to exceed legislative power of Legislature
321. Penalty privilege
322. Court may grant relief from liability
SCHEDULE 1

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