New South Wales Consolidated Acts

NATIONAL ENERGY RETAIL LAW (NSW) - As at 9 August 2024 - Act 37a of 2012

TABLE OF PROVISIONS

           Long Title

   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
   3AZ.    Application of Law to sale of electricity
   3B.     Exemptions from Law
   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 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
   23.     Standing offer prices
   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.        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
           Divisions 4A, 4B - (Repealed)
           None

           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 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
   63A.    (Repealed)

           Division 12 - Large customers--responsibility for energy consumed

   64.     Large customer consuming energy at premises

   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

   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

           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
   112A.   (Repealed)
   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
   122.    Definitions

           Division 2 - Registration of RoLRs

   123.    RoLR criteria
   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
           Note

   PART 8 - FUNCTIONS AND POWERS OF THE AUSTRALIAN ENERGY REGULATOR

           Division 1 - General

   204.    Functions and powers of AER (including delegations)
   204A.   Additional function of AER relating to energy ombudsman
   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 9A--Monitoring of NSW retail electricity market
           Note

           234A--Market Monitor
           234B--Special reviews by Market Monitor
           234C--Reports to Parliament
           234D--Regulations

   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
   316A.   Additional provisions relating to immunity of distributors
   317.    Distributor--retailer mutual indemnity
   318.    Immunity in relation to personal liability of AEMC officials
   318A.   Recovery of network charges for de-energisation or re-energisation of electricity at premises of vulnerable customer
   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