National Energy Retail Regulations (SA)

South Australia National Energy Retail Regulations under the National Energy Retail Law and section 12 of the National Energy Retail Law (South Australia) Act 2011

Contents Part 1—Preliminary 1 Short title Part 2—General provisions 3 Interpretation 4 Jurisdictional regulator 5 Energy ombudsman 6 Civil penalty provisions 7 Business customers—upper consumption thresholds for determining status as small or large customers (section 6(2)(a) of the Law) 8 Business customers—lower consumption thresholds for determining status as small market offer customers (section 6(2)(a) of the Law) 9 Review of consumption thresholds (section 6(2)(b) of the Law) 9A Additional innovative trial principles 9B Prescribed period for extension of trial waiver 9C Prescribed period for extension of trial Rule 10 Feed‑in arrangement (section 154(2)(h) of the Law) 11 Content of request for Rule 12 Energy efficiency website 12A Indexation of civil and criminal penalty amounts Part 3—Transitional provisions 13 Retailers 14 Exempt sellers 15 Retailers of last resort Schedule 1—Civil penalty provisions Part 1—Tier 1 civil penalty provisions Part 2—Tier 2 civil penalty provisions Part 3—Tier 3 civil penalty provisions Schedule 2—Retailers under transitional provisions Schedule 3—Exempt sellers under transitional provisions Schedule 4—Retailers of last resort under transitional provisions Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the National Energy Retail Regulations.

Part 2—General provisions 3—Interpretation In these regulations— the Law means the National Energy Retail Law; tier 1 civil penalty provision—see regulation 6(2); tier 2 civil penalty provision—see regulation 6(3); tier 3 civil penalty provision—see regulation 6(4). 4—Jurisdictional regulator For the purposes of the definition of jurisdictional regulator in section 2(1) of the Law, each of the following bodies or persons is prescribed as a jurisdictional regulator: (a) for the State of New South Wales—the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5(1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales; (b) for the State of Victoria—the Essential Services Commission established by section 7(1) of the Essential Services Commission Act 2001 of Victoria; (c) for the State of Queensland— (i) for electricity—the regulator under section 62 of the Electricity Act 1994 of Queensland; and (ii) for gas—the regulator under section 8 of the Gas Supply Act 2003 of Queensland; (d) for the State of South Australia—the Essential Services Commission established by section 4(1) of the Essential Services Commission Act 2002 of South Australia; (e) for the State of Tasmania—the Regulator established under section 5 of the Electricity Supply Industry Act 1995 of Tasmania, being the Regulator within the meaning of the Economic Regulation Act 2009 of Tasmania; (f) for the Australian Capital Territory—the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5(1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory; (g) if a body or person referred to in paragraphs (a) to (f) is abolished under an Act of a participating jurisdiction and another body or person is established under an Act of that participating jurisdiction with functions and powers that correspond to the functions and powers of the body or person referred to in paragraphs (a) to (f)—that other body or person; (h) if the functions and powers of a body or person referred to in paragraphs (a) to (f) are transferred to another body or person established under an Act of the relevant participating jurisdiction—that other body or person. 5—Energy ombudsman For the purposes of the definition of energy ombudsman in section 2(1) of the Law, each of the following bodies or persons is prescribed as an energy ombudsman: (a) for the State of New South Wales—Energy and Water Ombudsman (NSW) Limited ACN 079 718 915; (b) for the State of Victoria—Energy and Water Ombudsman (Victoria) Limited ACN 070 516 175; (c) for the State of Queensland—the energy ombudsman established under Part 2 of the Energy and Water Ombudsman Act 2006 of Queensland; (d) for the State of South Australia—Energy Industry Ombudsman (SA) Limited ACN 089 791 604; (e) for the State of Tasmania—the Ombudsman referred to in the Energy Ombudsman Act 1998 of Tasmania, being the Ombudsman within the meaning of the Ombudsman Act 1978 of Tasmania; (f) for the Australian Capital Territory—the ACT Civil and Administrative Tribunal established under section 88 of the ACT Civil and Administrative Tribunal Act 2008 of the Australian Capital Territory; (g) if a body or person referred to in paragraphs (a) to (f) is dissolved or otherwise abolished and another body or person is established with functions and powers that correspond to the functions and powers of the body or person referred to in paragraphs (a) to (f)—that other body or person; (h) if the functions and powers of a body or person referred to in paragraphs (a) to (f) are transferred to another body or person—that other body or person. 6—Civil penalty provisions (1) For the purposes of section 4(1)(b) of the Law, a provision of the Law, other than a civil penalty provision under section 4(1)(a) of the Law, or Rules listed in Schedule 1 is prescribed to be a civil penalty provision. (2) A civil penalty provision listed in Schedule 1 Part 1 is prescribed for the purposes of section 4A(1)(c) of the Law and is a tier 1 civil penalty provision. (3) A civil penalty provision listed in Schedule 1 Part 2 is prescribed for the purposes of section 4A(1)(b) of the Law and is a tier 2 civil penalty provision. (4) A civil penalty provision to which section 4A(1)(a) of the Law applies is a tier 3 civil penalty provision. 7—Business customers—upper consumption thresholds for determining status as small or large customers (section 6(2)(a) of the Law) (1) This regulation determines the upper consumption thresholds for determining whether business customers are small or large customers. Note— A small customer includes a customer who is a business customer who consumes energy below the upper consumption threshold (see section 5(2) of the Law). A large customer is a business customer who consumes energy at or above the upper consumption threshold (see section 5(3) of the Law). (2) The upper consumption threshold for electricity is 100 MWh per annum. (3) The upper consumption threshold for gas is 1 terajoule (TJ) per annum. 8—Business customers—lower consumption thresholds for determining status as small market offer customers (section 6(2)(a) of the Law) (1) This regulation determines the lower consumption thresholds for determining which business customers who are small customers are small market offer customers. Note— A small market offer customer is a small customer who is a business customer who consumes energy at or above the lower consumption threshold prescribed by the Regulations (see section 5(4) of the Law). (2) The lower consumption threshold for electricity is 40 MWh per annum. (3) The lower consumption threshold for gas is 400 gigajoules (GJ) per annum. 9—Review of consumption thresholds (section 6(2)(b) of the Law) (1) In this regulation— consumption thresholds means the upper consumption thresholds and lower consumption thresholds determined by regulations 7 and 8; review period means the period of 12 months ending with each fifth anniversary of the commencement of these regulations. (2) The MCE may, from time to time, review the consumption thresholds and must do so within each review period. (3) The MCE may, from time to time, give a direction under section 228 of the Law to the AEMC to review, and make recommendations about, the consumption thresholds. 9A—Additional innovative trial principles For the purposes of section 13A(i) of the Law, the following principles are prescribed: (a) whether the trial project is able to be trialled and evaluated; (b) whether there is potential for the trial project to be successfully expanded; (c) whether the trial project will provide for public sharing of knowledge, information and data resulting from the trial project. 9B—Prescribed period for extension of trial waiver For the purposes of section 121H(1) of the Law, the period of 1 year is prescribed. 9C—Prescribed period for extension of trial Rule For the purposes of section 262A(1) of the Law, the period of 1 year is prescribed. 10—Feed‑in arrangement (section 154(2)(h) of the Law) For the purposes of section 154(2)(h) of the Law, a feed‑in arrangement is— (a) in the case of New South Wales or Queensland—the Solar Bonus Scheme established in that jurisdiction; and (b) in the case of Victoria—a contract with a retailer for the sale of small renewable energy generation electricity (within the meaning of section 40F of the Electricity Industry Act 2000 of Victoria), qualifying solar energy generation electricity (within the meaning of that section) or TFiT scheme electricity (within the meaning of that section); and (c) in the case of South Australia—the feed‑in scheme established under Division 3AB of Part 3 of the Electricity Act 1996 of South Australia; and (d) in the case of the Australian Capital Territory—an arrangement established in that jurisdiction relating to the payment of a renewable energy premium under the Electricity Feed-in (Renewable Energy Premium) Act 2008 of the Australian Capital Territory. 11—Content of request for Rule (1) For the purposes of section 246 of the Law, a request for the making of a Rule must contain the following information: (a) the name and address of the person making the request; (b) a description of the Rule that the person proposes be made; (c) a statement of the nature and scope of the issue that is proposed to be addressed and an explanation of how the proposed Rule would address the issue; (d) an explanation of how the proposed Rule will or is likely to contribute to the achievement of the national energy retail objective; (e) an explanation of the expected benefits and costs of the proposed change and the potential impacts of the change on those likely to be affected; (f) in the case of a request by an energy regulatory body in the circumstances described in section 253(1)(a) of the Law—a summary of the consultation conducted by the energy regulatory body (including information about the extent of the consultation and about the issues raised during the consultation and the energy regulatory body's response to those issues). (2) A request under section 246 of the Law for the making of a Rule must be in writing. 12—Energy efficiency website For the purposes of Rule 170 of the National Energy Retail Rules, the website www.energymadeeasy.gov.au is prescribed. 12A—Indexation of civil and criminal penalty amounts (1) For the purposes of sections 300A and 300B of the Law, each civil penalty amount and criminal penalty amount is to be adjusted in accordance with the following formula: