Queensland Consolidated Acts

NATIONAL ENERGY RETAIL LAW (QUEENSLAND) ACT 2014 - SCHEDULE

SCHEDULE Modification of application of National Energy Retail Law

1 Section 2(1)—

insert—

"assigned retailer" means a government owned corporation declared, under section 64C , to be an assigned retailer for Subdivision 2 of Division 12A of Part 2 ;

Editor’s note—

This definition is an additional Queensland provision.

Editor’s note—

This definition is an additional Queensland provision.

Editor’s note—

This definition is an additional Queensland provision.

(a) Part 8 ;

(b) Divisions 1 to 3 of Part 13 ;

(c) any other provision of this Law conferring on the AER a function or power relating to monitoring, investigating or enforcing provisions of this Law;

(d) any other provision of this Law relating to the performance of a function or exercise of a power under a provision mentioned in paragraph (a) , (b) or (c) ;

Editor’s note—

This definition is an additional Queensland provision.

Editor’s note—

This definition is an additional Queensland provision.

(a) means a government owned corporation within the meaning given by the Government Owned Corporations Act 1993 of Queensland; and

(b) includes a subsidiary within the meaning given by that Act;

Editor’s note—

This definition is an additional Queensland provision.

2 Section 2(1), definition financially responsible retailer—

omit, insert—

"financially responsible retailer" for premises means—

(a) for electricity—

(i) for premises connected to a nominated distributor’s distribution system—the retailer who is currently selling, or most recently sold, electricity to a customer at the premises; or

(ii) for other premises—the retailer who is the financially responsible Market Participant responsible for the premises under the NER; or

(b) for gas—

(i) for premises connected to a nominated distributor’s distribution system—the retailer who is currently selling, or most recently sold, gas to a customer at the premises; or

(ii) for other premises—the retailer who is responsible for settling the account for gas withdrawn from the delivery point (however described) associated with the premises under the relevant Retail Market Procedures;

Editor’s note—

This definition is a substituted Queensland provision.

3 Section 2(1)—

insert—

"large customer standard retail contract" , of an assigned retailer, means the retailer’s large customer standard retail contract under Subdivision 2 of Division 12A of Part 2 ;

Editor’s note—

This definition is an additional Queensland provision.

4 Section 2(1), definition meter identifier—

omit, insert—

"meter identifier" means—

(a) for electricity—

(i) generally—the NMI; or

(ii) for premises supplied electricity on a distribution system of Ergon Energy Distribution—a unique identification number allocated by Ergon Energy Distribution to a meter at the premises; or

(b) for gas—the MIRN or the delivery point identifier;

Editor’s note—

This definition is a substituted Queensland provision.

5 Section 2(1)—

insert—

"monitoring, investigating or enforcing" , in relation to a provision of this Law, means the following—

(a) monitoring compliance by persons with the provision;

(b) investigating breaches or possible breaches of the provision, including offences;

(c) instituting and conducting proceedings in relation to breaches of the provision;

(d) instituting and conducting appeals from decisions in proceedings mentioned in paragraph (c) ;

Editor’s note—

This definition is an additional Queensland provision.

6 Section 2(1), definition prepayment meter system—

omit, insert—

"prepayment meter system" —

(a) means a device, componentry, software or other mechanism that operates to permit the flow of energy through a meter after prepayment and when activated by a card, code or some other method; but

(b) does not include a device, componentry, software or other mechanism that is or includes a card-operated meter;

Editor’s note—

This definition is a substituted Queensland provision.

7 Section 2(1)—

insert—

"standard retail contract (card-operated meters)" means a standard retail contract consistent with the model terms and conditions applying to standard retail contracts for selling electricity to a small customer using a card-operated meter;

Editor’s note—

This definition is an additional Queensland provision.

8 Section 4(1), Table—

insert—

9 Section 4(1), after the Table—

insert—

Editor’s note—

The entries in the Table for sections 19A (1) , 19B (1) , 19C (1) , (4) and (6) , 60C (1) , 60D (1) and (4) , 64A (1) , 64D (2) and (4) , 64E (5) , 64M (2) and (3) , 64N (5) and 78B (1) are additional Queensland provisions.

10 Section 5(3)—

omit, insert—

(3) A large customer is—

(a) a business customer who consumes energy at business premises at or above the upper consumption threshold; or

(b) the State or a local government that consumes energy at street lighting premises.

Editor’s note—

This subsection is a substituted Queensland provision.

11 Section 5—

insert —

(5) In this section—

"local government" means—

(a) the Brisbane City Council; or

(b) a local government under the Local Government Act 2009 of Queensland;

"State" has the meaning given by section 18 (2);

"street lighting premises" means premises comprising street lighting or a system of street lighting.

Editor’s note—

This subsection is an additional Queensland provision.

12 Section 8—

insert—

(3) Editor’s notes included in this Law do not form part of this Law.

(4) The following apply for interpreting editor’s notes included in this Law—

(a) an additional Queensland provision is a provision of this Law that does not form part of the NERL and has been included for the application of the NERL in Queensland;

(b) a substituted Queensland provision is a provision of this Law that is a substitute for a provision of the NERL (of the same number) and has been substituted for the application of the NERL in Queensland;

(c) a provision that is not applicable in Queensland is a provision of the NERL that does not apply in Queensland.

(5) In this section—

"NERL" means the National Energy Retail Law, as amended from time to time, set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia.

Editor’s note—

Subsections (3) to (5) are additional Queensland provisions.

13 Section 19(2)—

omit, insert—

(2) This Part, other than Divisions 12 and 12A , does not apply to or affect the relationship between retailers and large customers.

Editor’s note—

This subsection is a substituted Queensland provision.

14 After section 19—

insert—

Division 1A - Additional Queensland provisions about restrictions on sale of energy

Editor’s note—

The provisions of this Division are additional Queensland provisions.

19A Restriction on selling electricity to particular small customers

(1) A retailer must not sell electricity to an excluded small customer unless—

(a) the retailer is the designated retailer for the customer’s premises; or

(b) the sale is authorised or required under the RoLR scheme under Part 6 .

Note—

This subsection is a civil penalty provision.

(2) In this section—

"excluded small customer" means a small customer who is—

(a) an excluded customer under section 23 (4) of the Electricity Act 1994 of Queensland; or

(b) a customer to whom section 319 or 319A of the Electricity Act 1994 of Queensland applies.

19B Restriction on selling gas to particular small customers

(1) A retailer must not sell gas to an excluded small customer unless the sale is authorised or required under—

(a) the RoLR scheme under Part 6 ; or

(b) an insufficiency of supply declaration, or an insufficiency of supply direction, under the Gas Supply Act 2003 of Queensland.

Note—

This subsection is a civil penalty provision.

(2) To remove any doubt, it is declared that section 22 does not apply to a retailer selling gas to an excluded small customer.

(3) However, Division 9 applies to a retailer selling gas to an excluded small customer in the retailer’s capacity as the financially responsible retailer for premises.

(4) In this section—

"excluded small customer" means a small customer who is an excluded customer under section 16 (4) of the Gas Supply Act 2003 of Queensland.

19C Additional restrictions on sale of energy by assigned retailer

(1) An assigned retailer may provide customer retail services to a customer for premises only if the retailer is—

(a) in a case where there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3)); or

(b) in a case where there is an existing connection (including where a connection alteration to an existing connection is required)—

(i) the local area retailer for the relevant geographical area, premises or customer (see section 11 (3)); and

(ii) if the customer is a large customer—the financially responsible retailer for the premises.

Note—

This subsection is a civil penalty provision.

(2) Subsection (1) does not apply if the assigned retailer provides customer retail services to a customer who is required to be transferred to the retailer to correct an erroneous transfer, completed under the NER, from the retailer to another holder of a retailer authorisation.

(3) It is a defence to a proceeding under subsection (1) if, because of information given by the customer, the assigned retailer reasonably believed it was obliged to provide customer retail services to the customer for the premises.

(4) An assigned retailer may provide customer retail services to a customer only under—

(a) for a small customer—a standard retail contract (including a standard retail contract (card-operated meters)); or

(b) for a large customer—the retailer’s large customer standard retail contract.

Note—

This subsection is a civil penalty provision.

(5) Subsection (4) does not apply to an assigned retailer providing customer retail services to a customer in the circumstances prescribed under a local instrument of this jurisdiction.

(6) If an assigned retailer provides customer retail services under subsection (5) , the retailer must comply with the conditions prescribed under a local instrument of this jurisdiction for the provision of the services.

Note—

This subsection is a civil penalty provision.

(7) This section does not prevent an assigned retailer entering into a separate arrangement with a qualifying customer of the retailer to buy electricity produced at the qualifying customer’s premises and supplied to a distribution system.

(8) In this section—

"qualifying customer" means a customer whose annual consumption at the customer’s premises is, or is estimated by the distributor who provides customer connection services to the premises to be, less than 100 megawatt hours.

19D Monitoring, investigating and enforcing this Division

(1) A local instrument of this jurisdiction must nominate the entity who is the Regulator for this Division.

(2) The Regulator has, for monitoring, investigating or enforcing this Division, the same functions and powers the AER has for monitoring, investigating or enforcing other provisions of this Law.

(3) For subsection (2) , this Law applies to monitoring, investigating or enforcing this Division as if a reference in a compliance, investigation or enforcement provision to the AER were a reference to the Regulator.

(4) This Law confers functions and powers on the AER for monitoring, investigating or enforcing this Division only if the AER is nominated as the Regulator under subsection (1) and only to the extent provided for under this section.

15 After section 22—

insert—

22A Additional Queensland provision about standing offer prices for particular retailers

(1) Subsection (2) applies if there are notified prices under section 90 (4) of the Electricity Act 1994 of Queensland for a retailer providing customer retail services to all or particular small customers.

(2) For the purposes of this Law, the retailer’s standing offer prices for providing the customer retail services to the small customers must, under section 91A of the Electricity Act 1994 of Queensland, be the notified prices.

(3) Subsection (4) applies if—

(a) on or after the commencement of this section, there were notified prices under section 90 (4) of the Electricity Act 1994 of Queensland for a retailer providing customer retail services to all or particular small customers; and

(b) the price determination fixing the notified prices no longer applies under section 89E of the Electricity Act 1994 of Queensland.

(4) For the purposes of this Law, the retailer’s standing offer prices for providing the customer retail services to the small customers may comprise only fees and charges of types that were the subject of the notified prices for the financial year immediately preceding the day the price determination no longer applies.

Editor’s note—

This section is an additional Queensland provision.

16 Section 23—

insert—

(8) Limitation on application of this section

(a) in relation to a retailer who sells gas;

(b) subject to subsection (9) , in relation to a retailer who sells electricity to small customers whose standing offer prices stop being notified prices under section 90 (4) of the Electricity Act 1994 of Queensland because the price determination fixing the notified prices no longer applies (as mentioned in section 22A (3)).

(9) Modified application of this section
This section applies in relation to a retailer mentioned in subsection (8) (b) with the following changes—

(a) the retailer—

(i) must set its standing offer prices immediately after the price determination mentioned in the subsection no longer applies; and

(ii) can not vary the standing offer prices for 1 year after the prices are set under subparagraph (i) , unless the variation is to reduce the standing offer prices;

(b) despite subsection (3) (c) , if the retailer varies its standing offer prices to increase the prices, the retailer must inform each affected customer of the variation at least 10 business days before the variation takes effect;

(c) despite subsections (2) (b) and (5) , the retailer may vary its standing offer prices to reduce the prices at any time.

Editor’s note—

Subsections (8) and (9) are additional Queensland provisions.

17 After section 23—

insert—

23A Additional Queensland provision about publication and notification of standing offer prices etc.

(1) This section applies to a retailer who sells electricity to small customers whose standing offer prices are notified prices under section 90 (4) of the Electricity Act 1994 .

(2) The retailer must, if the retailer’s standing offer prices are varied, inform each affected customer of the variation when the retailer sends the next bill to the customer.

Editor’s note—

This section is an additional Queensland provision.

23B Monitoring, investigating and enforcing ss 22A and 23A

(1) A local instrument of this jurisdiction must nominate the entity that is the Regulator for sections 22A and 23A (each a
"relevant provision" ).

(2) The Regulator has, for monitoring, investigating or enforcing a relevant provision, the same functions and powers the AER has for monitoring, investigating or enforcing other provisions of this Law.

(3) For subsection (2) , this Law applies to monitoring, investigating or enforcing a relevant provision as if a reference in a compliance, investigation or enforcement provision to the AER were a reference to the Regulator.

(4) This Law confers functions and powers on the AER for monitoring, investigating or enforcing a relevant provision only if the AER is nominated as the Regulator under subsection (1) and only to the extent provided for under this section.

Editor’s note—

This section is an additional Queensland provision.

18 Section 31—

insert—

(3) This section does not apply to a designated retailer who sells electricity.

Editor’s note—

This subsection is an additional Queensland provision.

19 After section 60—

insert—

Division 10A - Additional Queensland provisions about selling electricity using card-operated meters

Editor’s note—

The provisions of this Division are additional Queensland provisions.

60A Model terms and conditions for standard retail contract for selling electricity using card-operated meter

(1) A local instrument of this jurisdiction must set out the model terms and conditions that apply to standard retail contracts for selling electricity to a small customer using a card-operated meter.

(2) Subject to this Division, this Law applies to standard retail contracts for selling electricity to a small customer using a card-operated meter as if a reference in this Law to the model terms and conditions for standard retail contracts were a reference to the model terms and conditions set out in the local instrument.

60B Adoption of form of standard retail contract (card-operated meters) Section 25 (1) requires a retailer to adopt and publish a standard retail contract (card-operated meters) on the retailer’s website if the retailer sells electricity to a small customer using a card-operated meter.

60C Contractual arrangements for selling electricity using card-operated meter

(1) A retailer may sell electricity to a small customer using a card-operated meter only under a standard retail contract (card-operated meters).

Note—

This subsection is a civil penalty provision.

(2) However, a retailer must obtain the explicit informed consent of a small customer for the entry by the customer into a standard retail contract (card-operated meters) for premises registered under the Rules as having life support equipment.

Note—

See sections 38 and 41 for the consequences of contravening this subsection.

60D Premises registered as having life support equipment

(1) If a retailer who, with a small customer, has a standard retail contract (card-operated meters) for premises is notified by the customer or a distributor that the premises are registered under the Rules as having life support equipment, the retailer must make immediate arrangements for—

(a) the removal of the card-operated meter at no cost to the small customer; and

(b) the installation of a standard meter to replace a card-operated meter at no cost to the small customer; and

(c) the provision of information to the small customer about, and a general description of, the customer retail contracts available to the customer.

Note—

This subsection is a civil penalty provision.

(2) Subsection (1) does not apply if the small customer gives the retailer explicit informed consent for the card-operated meter to continue to be used at the premises.

(3) Subsection (4) applies to a retailer who, with a small customer, has a standard retail contract (card-operated meters) for premises registered under the Rules as having life support equipment.

(4) The retailer must adopt programs and strategies to help the small customer to better manage the customer’s electricity costs to avoid the card-operated meter installed on the premises from preventing the flow of electricity to the premises solely due to financial difficulty.

Note—

This subsection is a civil penalty provision.

(5) In this section—

"installation of a standard meter to replace a card-operated meter" includes the conversion of the card-operated meter to a standard operating mode so that the card-operated meter operates as a standard meter.

"removal of a card-operated meter" includes rendering the meter non-operational.

"standard meter" , for a particular small customer, means a metering installation of the type that would ordinarily be installed at the premises of the customer, other than a card-operated meter.

60DA When standard retail contract (card-operated meters) takes effect Despite section 26 , a standard retail contract (card-operated meters) between a retailer and a small customer takes effect when the customer starts consuming electricity at the customer’s premises.

60E Monitoring, investigating and enforcing this Division

(1) A local instrument of this jurisdiction must nominate the entity who is the Regulator for this Division.

(2) The Regulator has, for monitoring, investigating or enforcing this Division, the same functions and powers the AER has for monitoring, investigating or enforcing other provisions of this Law.

(3) For subsection (2) , this Law applies to monitoring, investigating or enforcing this Division as if a reference in a compliance, investigation or enforcement provision to the AER were a reference to the Regulator.

(4) This Law confers functions and powers on the AER for monitoring, investigating or enforcing this Division only if the AER is nominated as the Regulator under subsection (1) and only to the extent provided for under this section.

20 Part 2—

insert—

Division 12A - Additional Queensland provisions about large customers

Editor’s note—

The provisions of this Division are additional Queensland provisions.

Subdivision 1 - Restriction on sale of gas

64A Restriction on selling gas to particular large customers

(1) A retailer must not sell gas to an excluded large customer unless the sale is authorised or required under—

(a) the RoLR scheme under Part 6 ; or

(b) an insufficiency of supply declaration, or an insufficiency of supply direction, under the Gas Supply Act 2003 of Queensland.

Note—

This subsection is a civil penalty provision.

(2) However, Division 12 applies to a retailer selling gas to an excluded large customer in the retailer’s capacity as the financially responsible retailer for premises.

(3) In this section—

"excluded large customer" means a large customer who is an excluded customer under section 16 (4) of the Gas Supply Act 2003 of Queensland.

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

64B Definition In this Subdivision—

"notified prices" , for an assigned retailer, means the notified prices applying to the retailer under section 90 (4) of the Electricity Act 1994 of Queensland.

64C Declaration of assigned retailer A local instrument of this jurisdiction may declare a retailer to be an assigned retailer for this Subdivision if the retailer is a government owned corporation.

64D Assigned retailer to make offer to large customers

(1) This section applies if, for a large customer’s premises, an assigned retailer is—

(a) if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3)); or

(b) if there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises.

(2) The assigned retailer must make an offer (a
"standing offer" ) to the large customer to provide customer retail services to the premises—

(a) at the notified prices; and

(b) under the retailer’s large customer standard retail contract.

Note—

This subsection is a civil penalty provision.

(3) A local instrument of this jurisdiction may prescribe the manner and form in which a standing offer is to be made.

(4) Without limiting the power to make a local instrument under subsection (3) relating to the manner and form in which a standing offer is to be made, the assigned retailer must publish the terms and conditions of the standing offer on its website.

Note—

This subsection is a civil penalty provision.

(5) This section does not apply to an assigned retailer providing customer retail services to a large customer in the circumstances prescribed under a local instrument of this jurisdiction.

64E Assigned retailer’s large customer standard retail contract

(1) The terms and conditions of the assigned retailer’s large customer standard retail contract are the terms and conditions decided by the retailer as amended by it from time to time.

(2) However, the terms and conditions of the large customer standard retail contract must provide for the provision of the services on a fair and reasonable basis and at the notified prices.

(3) Services under the large customer standard retail contract are taken to be provided on a fair and reasonable basis if the terms and conditions of the contract are consistent with the assigned retailer’s form of standard retail contract for providing customer retail services to small customers adopted under section 25 or varied under section 28 .

(4) The terms and conditions of the large customer standard retail contract may be different for stated types of large customers and be contained in a different document for any of the types of large customers.

(5) The assigned retailer must publish its large customer standard retail contract on its website.

Note—

This subsection is a civil penalty provision.

64F Formation of assigned retailer’s large customer standard retail contract

(1) An assigned retailer’s large customer standard retail contract takes effect as a contract between the retailer and a large customer when the customer—

(a) asks the retailer to provide customer retail services at premises under the retailer’s standing offer under section 64D ; and

(b) complies with the requirements specified in the Rules as pre-conditions to the formation of standard retail contracts applied to the retailer’s large customer standard retail contract or as otherwise prescribed under a local instrument of this jurisdiction.

(2) The assigned retailer can not decline to enter into the large customer standard retail contract if the customer makes the request and complies with the requirements referred to in subsection (1) .

64G Obligation to comply with assigned retailer’s large customer standard retail contract An assigned retailer must comply with its obligations under the terms and conditions of its large customer standard retail contract between it and a large customer.

64H Duration of assigned retailer’s large customer standard retail contract An assigned retailer’s large customer standard retail contract between the retailer and a large customer for the provision of customer retail services to the premises of the large customer remains in force until the contract is terminated in accordance with this Law, a local instrument of this jurisdiction or the contract.

64I Deemed large customer retail arrangement for new or continuing customer without assigned retailer’s large customer standard retail contract

(1) This section applies to energised premises for which an assigned retailer is the financially responsible retailer.

(2) An arrangement (a
"deemed large customer retail arrangement" ) is taken to apply between the assigned retailer and a move-in large customer.

(3) The deemed large customer retail arrangement comes into operation when the move-in large customer starts consuming energy at the premises.

(4) The deemed large customer retail arrangement ceases to be in operation if—

(a) the assigned retailer’s large customer standard retail contract is formed for the premises; or

(b) the move-in large customer enters into a contract or other arrangement for the sale of electricity to the premises with an entity other than the assigned retailer.

(5) Subsection (2) does not apply if the customer consumes energy at the premises by fraudulent or illegal means.

(6) Subsection (4) does not affect any rights or obligations that have already accrued under the deemed large customer retail arrangement.

(7) If the customer consumes energy at the premises by fraudulent or illegal means—

(a) the customer is nevertheless liable to pay the assigned retailer’s notified prices for the premises in respect of the energy so consumed; and

(b) the assigned retailer may estimate and issue a bill for the charges payable and recover those charges in accordance with those notified prices as a debt in a court of competent jurisdiction; and

(c) payment or recovery of any such charges is not a defence to an offence relating to obtaining energy by fraudulent or illegal means.

(8) A move-in large customer is required to contact the assigned retailer and take appropriate steps to enter into the retailer’s large customer standard retail contract as soon as practicable.

(9) In this section—

"move-in large customer" means a large customer who starts consuming energy at the premises without first applying to the assigned retailer for the provision of customer retail services.

64J Terms and conditions of deemed large customer retail arrangements

(1) The terms and conditions of a deemed large customer retail arrangement under section 64I are the terms and conditions of the assigned retailer’s large customer standard retail contract.

(2) The prices applicable to a deemed large customer retail arrangement are the assigned retailer’s notified prices.

(3) A local instrument of this jurisdiction may make provision for or with respect to deemed large customer retail arrangements, and in particular may supplement or modify the terms and conditions of deemed large customer retail arrangements.

64K Application of Rules to assigned retailer’s large customers A local instrument of this jurisdiction may apply, with or without modification, specified provisions of the Rules relating to the provision of customer retail services to small customers to the provision of customer retail services by the assigned retailer to large customers.

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

64L Definition In this Subdivision—

"notified prices" means the notified prices applying to Origin Energy under section 90 (4) of the Electricity Act 1994 of Queensland.

"special approval no. SA02/11" means the special approval under the Electricity Act 1994 of Queensland that was held by Origin Energy and in effect from 1 March 2011 to the commencement of this section.

64M Origin Energy to make offer to particular large customers

(1) This section applies if—

(a) for a large customer’s premises, Origin Energy is—

(i) if there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11 (3)); or

(ii) if there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises; and

(b) for paragraph (a) (ii) , no alternative arrangements for the provision of customer retail services to the premises have been entered into by the large customer, or any former customer for the premises, from 1 March 2011; and

(c) the premises are located in the area described in special approval no. SA01/11.

Note—

The holder of special approval no. SA01/11 is Essential Energy ABN 37 428 185 226.

(2) Origin Energy must make an offer (a
"standing offer" ) to the large customer to provide customer retail services to the premises—

(a) at the notified prices; and

(b) under Origin Energy’s large customer standard retail contract.

Note—

This subsection is a civil penalty provision.

(3) Origin Energy must publish the terms and conditions of the standing offer on its website.

Note—

This subsection is a civil penalty provision.

(4) In this section—

"alternative arrangements" , for the provision of customer retail services, means arrangements for the provision of the customer retail services other than under—

(a) a large customer retail contract with Origin Energy; or

(b) a standard retail contract with Origin Energy; or

(c) special approval no. SA02/11.

64N Origin Energy’s large customer standard retail contract

(1) The terms and conditions of Origin Energy’s large customer standard retail contract are the terms and conditions decided by Origin Energy as amended by it from time to time.

(2) However, the terms and conditions of the large customer standard retail contract must provide for the provision of the services on a fair and reasonable basis and at the notified prices.

(3) Services under the large customer standard retail contract are taken to be provided on a fair and reasonable basis if the terms and conditions of the contract are consistent with Origin Energy’s form of standard retail contract for providing customer retail services to small customers adopted under section 25 or varied under section 28 .

(4) The terms and conditions of the large customer standard retail contract may be different for stated types of large customers and be contained in a different document for any of the types of large customers.

(5) Origin Energy must publish its large customer standard retail contract on its website.

Note—

This subsection is a civil penalty provision.

64O Formation of Origin Energy’s large customer standard retail contract

(1) Origin Energy’s large customer standard retail contract takes effect as a contract between the retailer and a large customer when the customer—

(a) asks Origin Energy to provide customer retail services at premises under Origin Energy’s standing offer under section 64M ; and

(b) complies with the requirements specified in the Rules as pre-conditions to the formation of standard retail contracts applied to Origin Energy’s large customer standard retail contract or as otherwise prescribed under a local instrument of this jurisdiction.

(2) Origin Energy can not decline to enter into the large customer standard retail contract if the customer makes the request and complies with the requirements referred to in subsection (1) .

64P Obligation to comply with Origin Energy’s large customer standard retail contract Origin Energy must comply with its obligations under the terms and conditions of its large customer standard retail contract between it and a large customer.

64Q Duration of Origin Energy’s large customer standard retail contract Origin Energy’s large customer standard retail contract between Origin Energy and a large customer for the provision of customer retail services to the premises of the large customer remains in force until the contract is terminated in accordance with this Law, a local instrument of this jurisdiction or the contract.

Subdivision 4 - Other provisions

64R Obligation to provide customer retail services to particular large customers

(1) This section applies if—

(a) a large customer for premises applies to the financially responsible retailer for the premises for the provision of customer retail services to the premises; and

(b) the supply of electricity to the premises has been disconnected; and

(c) either—

(i) before the disconnection, the premises were supplied electricity on a distribution system of Ergon Energy Distribution; or

(ii) the premises are located in the area described in special approval no. SA01/11.

Note—

The holder of special approval no. SA01/11 is Essential Energy ABN 37 428 185 226.

(2) The financially responsible retailer must provide the customer retail services applied for.

64S Monitoring, investigating and enforcing this Division

(1) A local instrument of this jurisdiction must nominate the entity who is the Regulator for this Division.

(2) The Regulator has, for monitoring, investigating or enforcing this Division, the same functions and powers the AER has for monitoring, investigating or enforcing other provisions of this Law.

(3) For subsection (2) , this Law applies to monitoring, investigating or enforcing this Division as if a reference in a compliance, investigation or enforcement provision to the AER were a reference to the Regulator.

(4) This Law confers functions and powers on the AER for monitoring, investigating or enforcing this Division only if the AER is nominated as the Regulator under subsection (1) and only to the extent provided for under this section.

21 Part 3—

insert—

Division 6A - Additional Queensland provisions about providing customer connection services for card-operated meter premises

Editor’s note—

The provisions of this Division are additional Queensland provisions.

78A Model terms and conditions for deemed standard connection contract for card-operated meter premises

(1) A local instrument of this jurisdiction must set out the model terms and conditions that apply to a deemed standard connection contract for providing customer connection services for card-operated meter premises.

(2) Subject to this Division, this Law applies to deemed standard connection contracts for providing customer connection services for card-operated meter premises as if a reference in this Law to the model terms and conditions for deemed standard connection contracts were a reference to the model terms and conditions set out in the local instrument.

78B Contractual arrangements for card-operated meter premises

(1) A distributor may provide customer connection services for card-operated meter premises only under a deemed standard connection contract (card-operated meters).

Note—

This subsection is a civil penalty provision.

(2) In this section—

"deemed standard connection contract (card-operated meters)" means a deemed standard connection contract consistent with the model terms and conditions applying to deemed standard connection contracts for card-operated meter premises.

78C Monitoring, investigating and enforcing this Division

(1) A local instrument of this jurisdiction must nominate the entity who is the Regulator for this Division.

(2) The Regulator has, for monitoring, investigating or enforcing this Division, the same functions and powers the AER has for monitoring, investigating or enforcing other provisions of this Law.

(3) For subsection (2) , this Law applies to monitoring, investigating or enforcing this Division as if a reference in a compliance, investigation or enforcement provision to the AER were a reference to the Regulator.

(4) This Law confers functions and powers on the AER for monitoring, investigating or enforcing this Division only if the AER is nominated as the Regulator under subsection (1) and only to the extent provided for under this section.

22 Part 5, division 1, after section 88—

insert—

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

(1) A person does not contravene section 88 for the sale of electricity if—

(a) the person is a rail government entity and the electricity is sold to Airtrain Citylink Limited—

(i) for use in connection with the building or use of electrical installations and works by Airtrain Citylink Limited, as part of a system of electric traction or for signalling purposes, on the Brisbane Airport Rail Link; or

(ii) for powering electric rolling stock and railway signals on the Brisbane Airport Rail Link; or

(b) the person is a railway manager that operates the nominated network, or a related body corporate of that railway manager, and the electricity is sold to a third party access holder for use by the third party access holder—

(i) in connection with the building or use of electrical installations and works, as part of a system of electric traction or for signalling purposes, on the nominated network or connected to the nominated network; or

(ii) for powering electric rolling stock and railway signals on the nominated network or rail transport infrastructure owned by the third party access holder and connected to the network.

(2) Also, a person does not contravene section 88 for the sale of electricity if—

(a) either of the following applies—

(i) the person is a rail government entity and the electricity is sold to a relevant railway manager;

(ii) the person is a relevant railway manager and the electricity is sold to a rail government entity; and

(b) the electricity is used—

(i) in connection with the building or use of electrical installations and works, as part of a system of electric traction or for signalling purposes, on rail transport infrastructure or connected to the rail transport infrastructure; or

(ii) for powering electric rolling stock and railway signals on rail transport infrastructure.

(3) Further, a person does not contravene section 88 for the sale of electricity if the person is the holder of licence no. 960, issued under section 13 of the Gladstone Power Station Agreement Act 1993 of Queensland.

(4) In this section—

"Airtrain Citylink Limited" —

(a) means Airtrain Citylink Limited ACN 066 543 315; and

(b) includes its successors and assigns;

"Brisbane Airport Rail Link" means the proposed railway shown on CMPS&F Pty Limited drawing no. RQ0159-C029(F)—

(a) starting at a point 0.313km from the north coast rail line (defined on the drawing as the ownership transfer point); and

(b) finishing at the domestic terminal of Brisbane Airport;

Note—

A copy of the drawing is available for inspection at the offices of the Department of Transport and Main Roads, Level 12, Capital Hill Building, 85 George Street, Brisbane.

"electrical installation" has the meaning given by section 14 of the Electricity Act 1994 of Queensland;

"rail government entity" has the meaning given by schedule 6 of the Transport Infrastructure Act 1994 of Queensland;

"railway manager" has the meaning given by schedule 6 of the Transport Infrastructure Act 1994 of Queensland;

"related body corporate" has the meaning given by the Corporations Act 2001 of the Commonwealth;

"relevant railway manager" , for a rail government entity, means—

(a) a railway manager that operates rail transport infrastructure that is directly connected to rail transport infrastructure operated by the rail government entity; or

(b) a related body corporate of a railway manager mentioned in paragraph (a) ;

Note—

A relevant railway manager may be a rail government entity.

"third party access holder" means a person who, under an arrangement with a railway manager or a related body corporate of the railway manager, is entitled to access and use a nominated part of its rail transport infrastructure (the
"nominated network" );

"works" has the meaning given by section 12 (1) of the Electricity Act 1994 of Queensland.

Editor’s note—

This section is an additional Queensland provision.

23 After section 121—

insert—

121AA Additional Queensland provision about application to distribution systems of Ergon Energy Distribution This Part does not apply in relation to a distribution system for which Ergon Energy Distribution is the nominated distributor.

Editor’s notes—

1 This section is an additional Queensland provision.

2 This section was originally inserted as section 121A and then renumbered as section 121AA .

24 Section 122, definition failed retailer—

omit, insert—

"failed retailer" —

(a) generally, means a retailer or former retailer in relation to whom a RoLR event has occurred; but

(b) for gas, does not include a retailer or former retailer who sells gas to more than 15% of the small gas customers in Queensland;

Editor’s note—

This definition is a substituted Queensland provision.

25 After section 123—

insert—

123A Additional Queensland provision about when assigned retailer can be registered as a RoLR An assigned retailer can not be registered as a RoLR unless a local instrument of this jurisdiction states otherwise.

Editor’s note—

This section is an additional Queensland provision.

26 Section 141—

insert—

(11) If a small customer of a failed retailer is on a standard retail contract (card-operated meters), a payment equal to the value of any credit remaining on the small customer’s card used with the card-operated meter as at the transfer date must be made by the failed retailer or insolvency official to the small customer without any deduction.

Editor’s note—

This subsection is an additional Queensland provision.

27 Section 163(c)(i)—

omit, insert—

(i) details of what happens with their existing contracts with the failed retailer, which must include details of the effect of sections 140 and 141 as to hardship customers, customers on life support, feed-in arrangements, termination of direct debits (including Centrepay), refunds of advance payments, security deposits, credits on prepayment meter system accounts, credits remaining on cards used with card-operated meters and uncompleted service orders; and

Editor’s note—

This subparagraph is a substituted Queensland provision.

28 Part 7—

omit, insert—

Part 7

Editor’s note—

The provisions of this Part are not applicable in Queensland.