National Energy Retail Law (NSW)

National Energy Retail Law (NSW) No 37a of 2012

Editorial note— The National Energy Retail Law is applied (with changes and additions) as a law of NSW by the NSW National Energy Retail Law (Adoption) Act 2012. This version is the Law as it applies in NSW.

Part 1 Preliminary

Division 1 Citation and interpretation

1 Citation This Law may be cited as the National Energy Retail Law (NSW).

2 Interpretation (1) In this Law— AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia; AEMO means Australian Energy Market Operator Limited (ACN 072 010 327); AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth; AER Exempt Selling Guidelines—see section 118; AER exempt selling regulatory function or power means a function or power performed or exercised by the AER under Division 6 or 7 of Part 5 and the Rules relating to exemptions from the requirement to hold a retailer authorisation, including (but not limited to) the following— (a) a decision whether to grant, vary or revoke an individual exemption; (b) a decision whether to impose, vary or revoke conditions on an individual exemption; (c) a decision whether to make, vary or revoke a determination specifying deemed exemptions or registrable exemptions, including any associated conditions; (d) a decision to make or vary the AER Exempt Selling Guidelines; AER regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules that relates to— (a) the AER performance regime under Division 2 of Part 12; (b) a retailer authorisation under Part 5; (c) an AER exempt selling regulatory function or power; (d) the AER Retail Pricing Information Guidelines and price comparator; (e) approval of deemed AER approved standard connection contracts under Division 5 of Part 3; (f) the RoLR scheme under Part 6; (g) the AER trial waiver functions under Part 5A; AER Retail Pricing Information Guidelines—see section 61; AER Retailer Authorisation Guidelines—see section 117; annual turnover has the same meaning as in section 2(1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth; application Act means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law; associate of a retailer or distributor includes— (a) an employee or agent of the retailer or distributor; and (b) a person contracted by the retailer or distributor; and (c) a person who receives or is contracted to receive commissions from the retailer or distributor; business customer means a customer who is not a residential customer; business day means a day that is not— (a) a Saturday or Sunday; or (b) observed as a public holiday on the same day in each of the participating jurisdictions (except the Commonwealth); business premises means premises of a business customer, other than premises used solely or principally for personal, household or domestic use; carry-over customer means a small customer who continues consuming energy at premises after the customer's previously current customer retail contract expires or terminates— (a) without provision in that contract for the terms and conditions to apply after expiry or termination for the continued provision of those services; and (b) without applying to a retailer for the provision (after that expiry or termination) of those services; Centrepay means the voluntary direct deduction facility operated by Centrelink; civil monetary liability means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings, but does not include— (a) a liability for a civil penalty; or (b) an infringement penalty under provisions applied by this Law; or (c) a liability for the costs of a proceeding; civil penalty—see section 4A; civil penalty provision has the meaning given by section 4(1); Commonwealth Minister means the Minister of the Commonwealth administering the Australian Energy Market Act 2004 of the Commonwealth; conduct provision has the meaning given by section 4(2); connection means a physical link between a distribution system and a customer's premises to allow the flow of energy; connection alteration means an alteration to an existing connection, including an addition, upgrade, extension, expansion, augmentation or any other kind of alteration; Court means— (a) where this Law applies as a law of the Commonwealth, the Federal Court; (b) where this Law applies as a law of a participating jurisdiction that is a State or a Territory, the Supreme Court of that jurisdiction; covered gas has the same meaning as in the NGL; customer—see section 5; customer connection contract means a contract between a distributor and a customer of the kind referred to in section 67; customer connection service for premises means any or all of the following— (a) a service relating to a new connection for the premises; (b) a service relating to a connection alteration for the premises; (c) a supply service for the premises, including (but not limited to) the energisation, de-energisation or re-energisation of the premises; (d) a service prescribed by the Rules as a customer connection service for the purposes of this definition; customer hardship policy means a customer hardship policy approved under Division 6 of Part 2; customer retail contract means a contract between a small customer and a retailer of a kind referred to in section 20 for the provision of customer retail services for particular premises; customer retail service means the sale of energy by a retailer to a customer at premises; declared wholesale gas market has the same meaning as in the NGL; de-energisation or disconnection of premises means— (a) in the case of electricity—the opening of a connection; or (b) in the case of gas—the closing of a connection, in order to prevent the flow of energy to the premises; deemed AER approved standard connection contract means a customer connection contract that is taken to be entered into under section 76; deemed customer retail arrangement—see section 54; deemed standard connection contract means a customer connection contract that is taken to be entered into under section 70; delivery point identifier means the meter installation identification as defined under the relevant Retail Market Procedures within the meaning of the NGL and made under the NGR; designated retailer for a small customer's premises means— (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)—the financially responsible retailer for the premises; disconnection—see the definition of de-energisation; distribution system means— (a) for a distributor who is a regulated distribution system operator within the meaning of the NEL—a distribution system within the meaning of the NEL; or (b) for a distributor who is a service provider within the meaning of the NGL who owns, operates or controls a distribution pipeline that is a scheme pipeline under that law—a distribution pipeline within the meaning of the NGL; or (c) for a nominated distributor under section 12—the nominated distribution system that is specified under that section; distributor means— (a) a regulated distribution system operator within the meaning of the NEL; or (b) a service provider within the meaning of the NGL who owns, operates or controls a distribution pipeline that is a scheme pipeline under that Law; or (c) a nominated distributor, to the extent provided by section 12; distributor service standards means service standards imposed on distributors by or under energy laws, including, for example, service standards relating to the following— (a) the frequency and duration of supply interruptions; (b) the timely notice of planned interruptions; (c) the quality of supply (excluding frequency) for electricity (including voltage variations); (d) wrongful de-energisation; (e) timeframes for de-energisation and re-energisation; (f) being on time for appointments; (g) response times for fault calls; (h) the provision of fault information; energisation of premises means— (a) in the case of electricity—the closing of a connection; or (b) in the case of gas—the opening of a connection, in order to allow the flow of energy to the premises; energy means electricity or gas or both; energy laws includes— (a) national energy legislation; and (b) jurisdictional energy legislation; and (c) the Rules, the NER and the NGR; and (d) instruments made under this Law, the Rules, the NER and the NGR (including the Retail Market Procedures); energy marketing activity means an activity that is carried on to market, advertise or promote— (a) customer connection services; or (b) customer retail services; or (c) a supplier or prospective supplier of customer connection services or customer retail services, to a small customer; energy ombudsman means a body or person prescribed by the National Regulations as an energy ombudsman; Energy Security Board means the Energy Security Board referred to in section 2(1) of the NEL; entry criteria (in relation to retailer authorisations)—see section 90; exempt seller means a person who is exempted by the AER under Division 6 of Part 5 from the requirement to hold a retailer authorisation; explicit informed consent—see section 39; financially responsible retailer for premises means— (a) in the case of electricity—the retailer who is the financially responsible Market Participant responsible for the premises under the NER; or (b) in the case of gas—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; gas means the following— (a) natural gas; (b) a natural gas equivalent; (c) a prescribed covered gas; GSL scheme means a scheme set out in energy laws under which there are distributor service standards to which an associated payment (a Guaranteed Service Level payment or GSL payment) is payable by a distributor to the customer where the distributor fails to meet the service standard; hardship customer means a residential customer of a retailer who is identified as a customer experiencing financial payment difficulties due to hardship in accordance with the retailer's customer hardship policy; hardship program indicators means the hardship program indicators under section 287; initial National Energy Retail Rules means the Initial National Energy Retail Rules made under Part 10 Division 3; innovative trial principles—see section 13A; jurisdictional energy legislation means legislation of a participating jurisdiction (other than national energy legislation), or any instrument made or issued under or for the purposes of that legislation, that regulates energy in that jurisdiction; jurisdictional gas legislation has the same meaning as in the NGL; jurisdictional regulator means a body or person that is prescribed by the National Regulations as a jurisdictional regulator; large customer—see section 5; life support equipment means life support equipment of a kind or kinds defined in the Rules; local area retailer means a retailer nominated under section 11; local instrument means a regulation, rule, order, declaration or other instrument made under an application Act, but does not include the National Regulations;