Queensland Consolidated Regulations Queensland Consolidated RegulationsIn this schedule—
"Distribution electricity distributor" means the holder of a distribution
authority under the Electricity Act 1994 .
"Distribution Network Code" , for Ergon Energy Distribution, means the initial
distribution network code applying to Ergon Energy Distribution made by the
Minister under section 120B of the Electricity Act 1994 .
"electricity retailer" means the holder of a retailer authorisation under the
National Energy Retail Law to sell electricity in Queensland.
"Ergon Energy Distribution" means Ergon Energy Corporation Limited ACN 087 646
062.
"large exempt customer" means an exempt customer who would be a large customer
under the NERL (Qld) if the person were a customer of a retailer within the
meaning of that law.
"national grid" has the meaning given in the National Electricity Rules ,
chapter 10 .
"on-supplier of electricity" means an exempt seller who—
(a) is the owner or occupier of premises or has the right to use premises; andExamples of exempt sellers under paragraph (a)—• an owner or occupier who has a right to use a caravan park, exhibition centre, hostel, hotel, industrial park, lodging house, marina, market arcade, motel or shopping centre• a body corporate
(b) sells electricity for use in the premises.
(a) is an on-supplier of electricity; and
(b) sells the electricity to large exempt customers.
Rule 3 , definition
"metering rules" and
"metering coordinator" —
omit, insert —
"metering rules" —
(a) for electricity for the parts of the distribution system operated by Ergon Energy Distribution that do not form part of the national grid—means the rules applying to meters in the Distribution Network Code applying to Ergon Energy Distribution; or
(b) for electricity not mentioned in paragraph (a) —means the rules applying to meters in the Retail Market Procedures and the NER , chapter 7 .
(a) for electricity for the parts of the distribution system operated by Ergon Energy Distribution that do not form part of the national grid—has the meaning given in the Distribution Network Code applying to Ergon Energy Distribution; or
(b) for electricity not mentioned in paragraph (a) —has the meaning given in the NER , chapter 10 .
Rule 17(2) —
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(2) The distributor must advise the small customer which retailer has an obligation to make a standing offer to the small customer, and, if the small customer is a move-in customer or is seeking a new connection, also inform the small customer that—(a) requests for customer retail services must be made to a retailer; and(b) the small customer may be able to choose their retailer; and(c) a list of retailers is available on the AER’s website.
(3) However, if the small customer is a small customer seeking customer retail services in a part of the distribution system operated by Ergon Energy Distribution that does not form part of the national grid, the distributor must—(a) advise the small customer which retailer has an obligation to make a standing offer to the small customer; and(b) if the small customer is a move-in customer or is seeking a new connection, inform the small customer that requests for customer retail services must be made to a retailer.
Note—This rule is a civil penalty provision for the purposes of the NERL (QLD) .
After rule 90 —
insert —
90A Varying notice period for distributor planned interruptions(1) Varying notice period for distributor planned interruption(a) Each of the following apply for varying the notice period for a distributor planned interruption under rule 90(1) —(i) the period in which a distributor must notify a customer of the distributor planned interruption may be varied by written agreement between the distributor and the customer;(ii) the distributor must, before entering into the agreement, inform the customer that—(A) under rule 90(1) , the distributor must notify the customer of a distributor planned interruption at least 4 business days before the date of the distributor planned interruption; and(B) the notice period applying to the customer under rule 90(1) will not apply to the customer if the customer enters into the agreement;(iii) the agreement must be signed by the customer and distributor and include the following information—(A) the new period in which the distributor must notify the customer of a distributor planned interruption;(B) the agreement expiry day for the agreement;(C) the types of distributor planned interruptions applying to the agreement;(iv) in this rule the
"agreement expiry day" means the earlier of the following—(A) if the agreement specifies a day that the agreement will expire—that day;(B) otherwise—on the day that is 2 years after the parties enter into the agreement.(2) Requirement if notification is to occur on day of distributor planned interruption
If, under the agreement, the distributor is required to notify the customer only on the day of the distributor planned interruption, the following do not apply to the interruption—(a) rule 90 (1) and (2) ;(b) rule 99 , other than rule 99 (4) (a) ;(c) rule 125 (2) (d) ;(d) schedule 2 , clause 6.4(c)(ii);(e) schedule 2 , clause 10.2(b).(3) Application of varied notice period
Rule 90 (1) applies as if the period agreed to by the parties under subrule (1) were the minimum notice period for a distributor planned interruption under the agreement and references to periods specified in the following rules are taken to be references to the period agreed between the parties—(a) rule 99 (1) (b) ;(b) rule 125 (2) (d) ;(c) schedule 2 , clause 6.4(c)(ii);(d) schedule 2 , clause 10.2(b).(4) Keep a record of the agreement(a) Each of the following applies for the agreement—(i) a distributor must make a record of the agreement and keep a copy of the record for a period of 2 years starting on the day the agreement expires;(ii) the record must be in a format and include such information to enable—(A) the AER to verify the distributor’s compliance with this rule; and(B) the distributor to answer enquiries from a customer relating to the agreement.
Rule 101 —
insert —
(1A) The requirement in subrule (1) to respond to an inquiry or complaint about the customer’s electricity meter does not apply to a distributor for electricity for the parts of the distribution system operated by Ergon Energy Distribution that do not form part of the national grid.
Schedule 2 , item 10.2—
omit, insert —
10.2 Distributor planned interruptions (maintenance, repair, etc.)(a) We may make distributor planned interruptions to the supply of energy to your premises under the Rules for the following purposes—(i) for the maintenance, repair or augmentation of the transmission system or the distribution system, including maintenance of metering equipment;(ii) for the installation of a new connection or a connection alteration to another customer.(b) If your energy supply will be affected by a distributor planned interruption we will, unless you have agreed to a different notice period, notify you of the distributor planned interruption at least 4 business days before the interruption is to occur by mail, letterbox drop, press advertisement or other appropriate means.
Rule 3 , definition
"metering coordinator" —
omit, insert —
"metering coordinator" —
(a) for electricity for the parts of the distribution system operated by Ergon Energy Distribution that do not form part of the national grid—has the meaning given in the Distribution Network Code applying to Ergon Energy Distribution; or
(b) for electricity not mentioned in paragraph (a) —has the meaning given in the NER , chapter 10 .
Rule 19 (1) —
insert —
(e) information about the availability of different payment options, including the option to pay a bill in advance under rule 32 (5) .
(1) After rule 25 —
insert—25AA Particular requirements for bills issued to Queensland customers(1) This rule applies, despite rule 25 , in relation to a bill issued to a customer in Queensland for the sale or supply of electricity during the financial year starting 1 July 2024.(2) Subrules (3) and (4) apply in relation to a bill issued to a residential customer.(3) The retailer must use its best endeavours to include the following statement at the beginning of the bill, before any other information in relation to a government-funded rebate, concession or relief scheme—
‘The Queensland Government is providing a cost of living rebate to your household, funded by coal royalties.’.(4) Also—(a) for a bill issued by Origin Energy to a residential customer in an area described in the schedule to special approval no. SA01/11—Origin Energy must use its best endeavours to include the following statement at the beginning of the bill—
‘Your electricity is also further subsidised by the Queensland Government.’; andNote—The holder of special approval no. SA01/11 is Essential Energy ABN 37 428 185 226.(b) for a bill issued by Ergon Energy Retail to a residential customer in the distribution area described in distribution authority no. D01/99, schedule 1 —Ergon Energy Retail must use its best endeavours to include the following statement at the beginning of the bill—
‘Households in regional Queensland pay around 20% less on average than the cost of electricity supply, thanks to the Queensland Government’s regional subsidy.’.Note—The holder of distribution authority no. D01/99 is Ergon Energy Corporation Limited ACN 087 646 062.(5) Subrule (6) applies in relation to a bill issued to a small business customer.(6) The retailer must use its best endeavours to include the following statement at the beginning of the bill, before any other information in relation to a government-funded rebate, concession or relief scheme—
‘The Queensland Government is providing a rebate to reduce the cost of doing business in Queensland, funded by coal royalties.’.(7) In this rule—
"Ergon Energy Retail" means Ergon Energy Queensland Pty Ltd ACN 121 177 802.
"Origin Energy" means Origin Energy Electricity Limited ACN 071 052 287.
"small business customer" means a customer who is a business customer who consumes energy at business premises below the upper consumption threshold.
(2) This section expires on 1 July 2025.
(1) Rule 46 (4) (a) —
omit, insert —(a) be given—(i) if the variation results in an increase in the tariffs and charges applying to the customer—at least 10 business days before the variation is to apply to the customer; or(ii) if the variation results in a decrease in the tariffs and charges applying to the customer—at least 5 business days before the variation is to apply to the customer; and
(2) Rule 46 (4A) (e) and (f) —
omit, insert—(e) specify that the tariffs and charges identified in subrules (4A) (c) and (d) are inclusive of GST;(f) include information about—(i) the availability to the customer of a flat tariff structure under a standing offer of the retailer; and(ii) if an offer of the retailer includes a time of use tariff structure that would be available to the customer—the availability to the customer of the time of use tariff structure and the potential for the customer to save on the cost of energy consumption if the time of use tariff structure were to apply to the customer; and(g) specify that the customer can request historical billing data and, if they are being sold electricity, energy consumption data, from the retailer.
(3) Rule 46 —
insert—(6) In this rule—
"flat tariff structure" means a tariff structure under which the rate of a tariff a retailer charges a small customer for the consumption of energy is the same rate that applies to energy consumption at all times of the day.
"time of use tariff structure" means a tariff structure under which the rate of a tariff a retailer charges a small customer for the consumption of energy is a rate that varies depending on the time of day when the energy is consumed.
(1) Rule 49A (1) (b) —
omit, insert —(b) the early termination charge is—(i) for the early termination of a fixed term contract—no more than $20; and(ii) for the early termination of a fixed benefit—no more than $20.
(2) Rule 49A (2) to (7) —
omit, insert —(2) Subject to subrule (3) , a term or condition of a market retail contract that is not a fixed term retail contract has no effect to the extent that it provides for the payment of an early termination charge (however described).(3) Subrule (1) and (2) do not prevent the imposition of an early termination charge due to the early termination of a fixed benefit period, even if this coincides with the termination of the market retail contract.(4) An early termination charge (however described), payable if a customer terminates a fixed benefit period early, only has effect if the contract includes details of the amount or manner of calculation of the early termination charge.(5) This rule is a minimum requirement that is to apply in relation to small customers who purchase energy under a market retail contract.
After rule 49A —
insert —
49B Particular requirement for retailers offering fixed term retail contracts If a retailer offers a customer a market retail contract that includes a term or condition in the contract for the payment of an early termination charge (however described) (an
"early termination charge clause" ), the retailer must also offer the customer a market retail contract that does not include an early termination charge clause.
Rule 64 (1) (a) —
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(a) all applicable prices, charges, early termination payments and penalties, security deposits, service levels, concessions or rebates, payment options, including the option to pay a bill in advance under rule 32 (5) and billing and alternative payment arrangements and how any of these matters may be changed;
Rule 99A (2) , ‘NMI’—
omit, insert —
meter identifier
Rule 110 (2) (c) —
insert —
(iii) if the customer is a residential customer—include information in relation to government-funded energy charge rebates, concessions or relief schemes; and
After rule 152 —
insert —
152A General condition for exempt seller in Ergon Energy distribution area(1) This rule applies to a relevant exempt seller in relation to the sale of electricity in the Ergon Energy distribution area.(2) It is a condition in relation to prices to be charged by the relevant exempt seller to a large exempt customer in the Ergon Energy distribution area that the relevant exempt seller charge the large exempt customer no more than the standing offer price that would be charged by an assigned retailer supplying the same amount of electricity directly to the large exempt customer’s premises.(3) In this rule—
"Ergon Energy distribution area" means the distribution area described in distribution authority no. D01/99, first schedule.Note—The holder of distribution authority no. D01/99 is Ergon Energy Distribution.
152B General condition for exempt seller in Origin Energy Electricity Limited retail area(1) This rule applies to a relevant exempt seller in relation to the sale of electricity in the Origin Energy Electricity Limited retail area.(2) It is a condition in relation to prices to be charged by the relevant exempt seller to a large exempt customer in the Origin Energy Electricity Limited retail area that the relevant exempt seller charge the large exempt customer no more than the standing offer price that would be charged by Origin Energy Electricity Limited ACN 071 052 287 supplying the same amount of electricity directly to the large exempt customer’s premises under the National Energy Retail Law , division 12A , subdivision 3 .(3) In this rule—
"Origin Energy Electricity Limited retail area" means the retail area comprising the area described in the schedule to special approval no. SA01/11.Note—The holder of special approval no. SA01/11 is Essential Energy ABN 37 428 185 226.
(1) Schedule 1 , clause 8.2(a1)(i)—
omit, insert—(i) notify you—(A) if the variation results in an increase in the tariffs and charges applying to you—at least 10 business days before the variation is to apply to you; or(B) if the variation results in a decrease in the tariffs and charges applying to you—at least 5 business days before the variation is to apply to you; and
(2) Schedule 1 , clause 8.2, after paragraph (b) —
insert—
[Required alteration: deletion of clause 8.2 if you are a retailer who sells electricity to small customers whose standing offer prices are notified prices for the retailer within the meaning of the]
(3) Schedule 1 , after clause 8.2—
insert—8.2A Changes to tariffs and charges If we vary our standing offer prices and the variation applies to you, we will include details of the variation in your next bill.
[Required alteration: deletion of clause 8.2A if you are a retailer who sells electricity to small customers whose standing offer prices are not notified prices for the retailer within the meaning of the]
Schedule 1 , clause 12.3(b)—
omit, insert —
(b) If you ask us to, we must arrange for a check of the meter reading or metering data or for a test of the meter in reviewing the bill.
(ba) If we carry out the check or test and—(i) the meter proves to be operating correctly or the metering data is accurate, we may request that you pay for the cost of the check or test; or(ii) the meter proves to be operating incorrectly or the metering data is inaccurate, we cannot charge you for the cost of the check or test.[Required alteration: deletion of.]
After rule 13 —
insert —
13A Disclosure requirements for standard retail contract (card-operated meters)(1) If a small customer and retailer enter into a standard retail contract (card-operated meters), the retailer must, if requested by the small customer, provide the following information to the small customer in relation to the contract—(a) a copy of the standard retail contract (card-operated meters);(b) the locations of payment centres;(c) the amount of emergency credit to be provided in the card-operated meter system;(d) the method by which the small customer may receive any rebate, concession or relief available under any government-funded energy charge rebate, concession or relief scheme;(e) the dispute resolution options available to small customer;(f) instructions on how to operate the card-operated meter system that are—(i) expressed in clear, simple and concise language; and(ii) in a format that makes it easy for a small customer not familiar with the operation of a card-operated meter system to understand;(g) instructions on how to access the emergency credit facility of the card-operated meter system;(h) instructions on how to obtain a refund of remaining credit when the standard retail contract (card-operated meters) is terminated;(i) the retailer’s telephone number or numbers for complaints, enquiries and emergencies (the charge for which is no more than the cost of making a local call).Note—This subrule is a civil penalty provision for the purposes of the Law. (See the National Regulations, clause 6 and Schedule 1 .)(2) The information mentioned in subrule (1) must also be made available for inspection at locations where power cards are sold.(3) The retailer must also use its best endeavours to provide the operating instructions in a language requested by a small customer.
Rule 18 (3) and (4) —
omit.
After rule 18 —
insert —
18A Responsibility of small customer in response to request for sale of energy A small customer who wishes to purchase energy for premises under a standard retail contract (card-operated meters) must ensure that there is safe and unhindered access to the meter at the premises.
Rule 24 —
omit.
Rule 30 (2) (a) —
omit, insert —
(a) unless the amount was undercharged as a result of the small customer’s fault or unlawful act or omission, limit the amount to be recovered to the amount undercharged in the 12 months before the date the small customer is notified of the undercharging; and
Rule 31 —
omit, insert —
31 Overcharging(1) Where a small customer has been overcharged, the retailer must—(a) inform the small customer of the overcharged amount within 10 business days after the retailer becomes aware of the overcharge; and(b) repay the amount overcharged to the small customer within 20 business days.Notes—1 This subrule is a civil penalty provision for the purposes of the Law. (See the National Regulations, clause 6 and Schedule 1 .)2 Money not claimed is to be dealt with by the retailer in accordance with the relevant unclaimed money legislation.(2) No interest is payable on an amount overcharged.(3) If the small customer was overcharged as a result of the small customer’s unlawful act or omission, the retailer is only required to repay the small customer the amount the small customer was overcharged in the 12 months before the error was discovered.
Rule 70 (2) and (3) —
omit.
Rule 74 (2) —
omit, insert —
(2) If the hardship customer is applying for, or has entered into, a standard retail contract (card-operated meters), the retailer may allow the customer to use Centrepay as a payment option.
Rule 86 —
omit, insert —
86 Provision of information(1) A distributor must, if requested by a customer or a customer’s retailer, give information to the customer or the customer’s retailer about the customer’s energy consumption or the distributor’s charges.Note—This subrule is a civil penalty provision for the purposes of the Law. (See the National Regulations, clause 6 and Schedule 1 .)(2) If more than 1 request is made in any 12-month period, the distributor may charge a reasonable amount to give the customer or customer’s retailer the information.(3) However, if the request is made on or from 1 July 2016, the distributor must provide the following information—(a) the customer’s average energy consumption for the customer’s premises for the 12 months preceding the last scheduled meter reading or estimation;(b) the distributor’s charges for the customer’s premises for the 12 months preceding the last scheduled meter reading or estimation.(4) This rule does not apply if a card-operated meter was installed in the customer’s premises within 12 months after the request.
Part 6 —
insert —
122A Disconnection of card-operated meter premises(1) System requirements
A retailer who sells energy under a standard retail contract (card-operated meters) must ensure that the card-operated meter system meets the requirements of this rule.Note—This rule is a civil penalty provision for the purposes of the NERL (QLD) .(2) Self-disconnection times
On or from 1 July 2018, the retailer must ensure that the card-operated meter system will not disconnect supply of energy to a small customer’s premises in the event of a self-disconnection before 8.00am and after 3.00pm.(3) Recommencement of supply
Where supply to the small customer has been interrupted through self-disconnection, the card-operated meter system must be capable of recommencing supply as soon as information is communicated to the system that credit has been applied to the card-operated meter system that exceeds the amount of emergency credit.(4) Emergency credit
On or from 1 July 2018, the level of emergency credit allowed for a card-operated meter system is—(a) at least a level equivalent to the average cost of 3 days of energy supply to within $1.00; or(b) another amount approved by the prescribed regulator.(5) Methodology of average costing
A retailer must—(a) provide the prescribed regulator with a statement of its methodology for determining the average cost of energy supply within 10 days of being requested to do so by notice from the prescribed regulator; and(b) if the prescribed regulator does not approve the retailer’s methodology—change the methodology within the time stated in a notice from the prescribed regulator and in accordance with changes reasonably specified in the notice.
After 124—
insert —
124A Discontinuation of use of card-operated meter system(1) The retailer must replace a card-operated meter installed in a small customer’s premises with a standard meter if—(a) the customer is a life support customer; and(b) the customer has, before entering into the standard retail contract (card-operated meters), consented to using a card-operated meter at the premises; and(c) the customer withdraws that consent by notice to the retailer.(2) The retailer must, at no cost to the customer—(a) make immediate arrangements to remove the card-operated meter and install a standard meter; and(b) provide information about, and a general description of, the customer retail contract options available to the customer.