Queensland: National Energy Retail Law (Queensland) (Qld)

National Energy Retail Law (Queensland) Editor's note— The National Energy Retail Law is applied (with modifications) as a law of Queensland by the National Energy Retail Law (Queensland) Act 2014. This version is the Law as it applies in Queensland—see the National Energy Retail Law (Queensland) Act 2014, section 4. It is intended a new reprint of the National Law will be prepared by the Office of the Queensland Parliamentary Counsel when any change in the National Law takes effect. Part 1 Preliminary Division 1 Citation and interpretation 1 Citation This Law may be cited as the National Energy Retail Law (Queensland). 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; 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. 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; card-operated meter means a device, including any associated equipment, for measuring electricity that switches on and off in accordance with the amount of credit applied to the device by a card designed for use with the device; Editor's note— This definition is an additional Queensland provision. card-operated meter premises means premises of a small customer at which electricity is sold to the small customer using a card-operated meter; Editor's note— This definition is an additional Queensland provision. 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; compliance, investigation or enforcement provision means the following— (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. 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; Ergon Energy Distribution means Ergon Energy Corporation Limited ACN 087 646 062; Editor's note— This definition is an additional Queensland provision. 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) 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. gas means the following: (a) natural gas; (b) a natural gas equivalent; (c) a prescribed covered gas; government owned corporation— (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. 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; 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. 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; Note— See also subsection (6). lower consumption threshold—see sections 5 and 6; Note— Provisions for determining and reviewing the consumption thresholds are contained in the National Regulations. Provisions for applying the thresholds are contained in the Rules. market offer means an offer by a retailer to a small customer to provide customer retail services under a market retail contract; market offer prices means the tariffs and charges that a retailer charges a small customer for or in connection with the sale of energy to a small customer under a market retail contract; market retail contract means a customer retail contract referred to in section 33; MCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows: (a) 1 Minister from the Commonwealth; (b) 1 Minister from each State (totalling 6 Ministers); (c) 1 Minister from each Territory (totalling 2 Ministers), acting in accordance with its own procedures; MCE directed review means a review conducted by the AEMC under Division 4 of Part 9; MCE statement of policy principles means a statement of policy principles issued by the MCE under section 14; 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. Minister of a participating jurisdiction—see section 10; MIRN means the meter installation registration number as defined under the relevant gas Retail Market Procedures; 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. move-in customer means a small customer who starts consuming energy at premises without first applying to a retailer for the provision of customer retail services; national energy legislation means— (a) the national energy retail legislation; and (b) the national electricity legislation as defined in the NEL; and (c) the national gas legislation as defined in the NGL; national energy retail legislation means— (a) this Law as applying, by the application Act of a participating jurisdiction, as a law of that jurisdiction; and (b) the National Regulations; and (c) the application Act of a participating jurisdiction; and (d) the local instruments of a participating jurisdiction; national energy retail objective means the objective set out in section 13; National Energy Retail Regulations or National Regulations means the Regulations made under Part 11; National Energy Retail Rules or Rules means— (a) the initial National Energy Retail Rules; and (ab) Rules made under Part 10 Division 3 Subdivision 2; and (b) Rules made by the AEMC under this Law, including Rules that amend or revoke— (i) the initial National Energy Retail Rules or Rules made under Part 10 Division 3 Subdivision 2; or (ii) Rules made by it; natural gas has the same meaning as in the NGL; natural gas equivalent—see section 2A; negotiated connection contract means a customer connection contract that is entered into in accordance with section 78; NEL means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia; NER means the National Electricity Rules as in force from time to time under the NEL; network charges means charges that a distributor is entitled to charge for customer connection services— (a) for gas, under the distributor's access arrangement and Parts 12 and 12A of the NGR; and (b) for electricity, under Chapters 5A and 6 of the NER; new connection means a connection established or to be established, in accordance with energy laws, where there is no existing connection; NGL means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; NGR means the National Gas Rules as in force from time to time under Chapter 9 of the NGL; NMI means a national metering identifier as defined in the NER; nominated distributor—see section 12; offence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court; participating jurisdiction means a jurisdiction that is a participating jurisdiction by reason of section 9; payment plan means a plan for— (a) a hardship customer; or (b) a residential customer who is not a hardship customer but who is experiencing payment difficulties, to pay a retailer, by periodic instalments in accordance with the Rules, any amounts payable by the customer for the sale and supply of energy; prepayment meter market retail contract means a market retail contract in respect of particular premises to which energy is supplied using a prepayment meter system; 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. prescribed covered gas means a covered gas, other than natural gas, prescribed for this definition by the National Regulations that has not, for a participating jurisdiction, been excluded by a local instrument of the jurisdiction; price comparator—see section 62; Public Register of Authorised Retailers and Exempt Sellers—see section 119; reconnection—see the definition of re‐energisation; re‐energisation or reconnection of premises means the energisation of the premises after their de‐energisation; regulated entity means— (a) a retailer; or (b) a distributor; or (c) any other person identified in the Rules as a regulated entity; residential customer means a customer who purchases energy principally for personal, household or domestic use at premises; retail consultation procedure means the consultation procedure prescribed by the Rules; retail marketer means a retailer or an associate of a retailer; Retail Market Procedures means— (a) in the case of electricity—the Retail Market Procedures within the meaning of the NER; and (b) in the case of gas—the Retail Market Procedures within the meaning of the NGL and made under the NGR; retailer means a person who is the holder of a retailer authorisation; retailer authorisation means a retailer authorisation issued under Part 5; revocation process—see section 120; shared customer, in relation to a distributor and a retailer, means a person who is a customer of the retailer and whose premises are connected to the distributor's distribution system; short term trading market for gas has the same meaning as in the NGL; small customer—see section 5; small market offer customer—see section 5; South Australian Minister means the Minister of the Crown in right of South Australia administering Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia; standard complaints and dispute resolution procedures—see section 81; standard retail contract means a customer retail contract that takes effect under section 26 as a contract between a small customer and a designated retailer; 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. standing offer—see section 22; standing offer prices means all of the tariffs and charges that a retailer charges a small customer for or in connection with the sale and supply of energy to a small customer under a standard retail contract; Territory means the Australian Capital Territory or the Northern Territory. this jurisdiction—see the definition of that term in the application Act of each participating jurisdiction; trial project means a project— (a) that— (i) the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or (ii) the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and (b) tests an approach in relation to customer connection services or customer retail services; trial Rule—see section 235; trial waiver—see section 121C; Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal; upper consumption threshold—see sections 5 and 6; Note— Provisions for determining and reviewing the consumption thresholds are contained in the National Regulations. Provisions for applying the thresholds are contained in the Rules. (2) A reference in this Law to the sale and supply of energy includes a reference to the sale or supply of energy. (3) A reference in this Law to a customer (including a reference to a small customer or a large customer) includes a reference to a prospective customer. (4) A reference in this Law to the premises of a customer in the context of a customer retail contract or customer connection contract is a reference to the premises of the customer to which the contract relates, but does not include a reference to other premises of the customer. (5) To avoid doubt, a customer can be a residential customer in respect of particular premises and a business customer in respect of other premises. (6) The Minister responsible for administering the application Act (other than the application Act of South Australia) under which a local instrument is made is to make arrangements for notice of the making and publication of the instrument to be published for information in the South Australian Government Gazette. (7) A local instrument may provide that a prescribed covered gas is not a prescribed covered gas in the relevant participating jurisdiction. 2A Natural gas equivalent (1) A covered gas is a natural gas equivalent if the gas is suitable for use as natural gas and— (a) the gas has been prescribed by a local instrument for use in a jurisdiction or a specified area in the jurisdiction as a natural gas equivalent; or (b) the gas is supplied through an existing distribution system or an extension of an existing distribution system. (2) The following are not natural gas equivalents: (a) natural gas; (b) a prescribed covered gas. (3) In this section— existing distribution system means a distribution system that— (a) on the NGL extension date was a natural gas distribution system; and (b) after the NGL extension date is authorised to haul a covered gas, other than natural gas or a prescribed covered gas; NGL extension date means the date on which the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 commenced. 3 Application of Law, National Regulations and Rules in this jurisdiction This Law, the National Regulations and the Rules apply in this jurisdiction except to the extent provided by or under the application Act of this jurisdiction or any other Act of this jurisdiction. Note— This Law, the National Regulations and the Rules are, in their application to a jurisdiction, to be read in conjunction with the application Act and jurisdictional energy legislation of the jurisdiction. 3A Application to prescribed covered gas The National Regulations may modify the way that this Law, the National Regulations and the Rules apply to a prescribed covered gas. 4 Meaning of civil penalty provision and conduct provision (1) A civil penalty provision is— (a) a provision of this Law specified in the Table at the foot of this subsection; or (b) a provision of this Law (other than an offence provision) or the Rules that is prescribed by the National Regulations to be a civil penalty provision. Provision Section heading Section 19A(1) Restriction on selling electricity to particular small customers Section 19B(1) Restriction on selling gas to particular small customers Section 19C(1), (4) and (6) Additional restrictions on sale of energy by assigned retailer Section 20(2) Kinds of customer retail contracts Section 22(1) and (3) Obligation to make offer to small customers Section 23(1) Standing offer prices Section 25(1) Adoption of form of standard retail contract Section 27 Obligation to comply with standard retail contract Section 38 Requirement for explicit informed consent for certain transactions Section 43(2) and (3)(b) Customer hardship policies Section 50(1) Payment plans Section 53(2) Energy Marketing Rules Section 57 Contractual arrangements for use of prepayment meter systems Section 59(1) Persons on life support equipment Section 60C(1) Contractual arrangements for selling electricity using card-operated meter Section 60D(1) and (4) Premises registered as having life support equipment Section 63 AER information gathering powers for pricing guidelines and comparator Section 64A(1) Restriction on selling gas to particular large customers Section 64D(2) and (4) Assigned retailer to make offer to large customers Section 64E(5) Assigned retailer's large customer standard retail contract Section 64M(2) and (3) Origin Energy to make offer to large customers Section 64N(5) Origin Energy's large customer standard retail contract Section 66 Obligation to provide customer connection services Section 69(1) Adoption of form of deemed standard connection contract Section 71(1) Obligations to comply with deemed standard connection contract and to bill retailer Section 78B(1) Contractual arrangements for card-operated meter premises Section 88 Requirement for authorisation or exemption Section 103(8) Deciding transfer application Section 105(9) Surrender of retailer authorisation Section 106 Transfer of customers following surrender Section 108 Transfer of customers following revocation Section 112(2) Conditions Section 120(11) Revocation process—retailer authorisations and exemptions Section 143(2)(a) Compliance requirements following service of RoLR notice Section 156 Compliance with RoLR regulatory information notices Section 274(1) Obligation of regulated entities to provide information and data about compliance Section 276(1), (2) and (4) Compliance audits by regulated entities Section 282(1) Obligation of regulated entities to provide information and data about performance 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. (2) A conduct provision is a provision of this Law (other than an offence provision) or the Rules that is prescribed by the National Regulations to be a conduct provision. 4A Civil penalty amounts for breaches of civil penalty provisions (1) Subject to this section, the civil penalty for a breach of a civil penalty provision is— (a) in the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b) or (c)— (i) if the breach is by a natural person— (A) an amount not exceeding $33 900; plus (B) an amount not exceeding $3 390 for every day during which the breach continues; (ii) if the breach is by a body corporate— (A) an amount not exceeding $170 000; plus (B) an amount not exceeding $17 000 for every day during which the breach continues; or (b) in the case of a breach of a civil penalty provision prescribed by the National Regulations for the purposes of this paragraph— (i) if the breach is by a natural person— (A) an amount not exceeding $287 000; plus (B) an amount not exceeding $14 400 for every day during which the breach continues; (ii) if the breach is by a body corporate— (A) an amount not exceeding $1 435 000; plus (B) an amount not exceeding $71 800 for every day during which the breach continues; or (c) in the case of a breach of a civil penalty provision prescribed by the National Regulations for the purposes of this paragraph— (i) if the breach is by a natural person—an amount not exceeding $500 000; (ii) if the breach is by a body corporate—an amount not exceeding the greater of the following— (A) $10 000 000; (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision. Note— See section 300A, which provides for the amounts specified in this subsection to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website. (2) Subsection (1)(c)(ii)(B) or (C) will only apply in a particular case if the AER, in applying for an order under section 291(2)(a), requests that those provisions be applied in that particular case. 5 Meaning of customer and associated terms (1) A customer is a person— (a) to whom energy is sold for premises by a retailer; or (b) who proposes to purchase energy for premises from a retailer. (2) A small customer is a customer— (a) who is a residential customer; or (b) who is a business customer who consumes energy at business premises below the upper consumption threshold. (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. (4) A small market offer customer is a small customer who is a business customer who consumes energy at or above the lower consumption threshold. (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. 6 Provisions relating to consumption thresholds for business customers (1) This section applies for the purposes of the consumption thresholds referred to in section 5. (2) The National Regulations may— (a) determine or make provision for determining the upper consumption thresholds and lower consumption thresholds for business customers; and (b) prescribe a procedure for reviewing consumption thresholds so determined. (3) The upper consumption thresholds may apply (in relation to the provision of customer retail services to a business customer) on the basis of an aggregation of 2 or more business premises of a business customer in accordance with the Rules. (4) Without limitation— (a) National Regulations made for the purposes of subsection (2); and (b) Rules made for the purposes of subsection (3), may differ in their application to different classes of business customers or different regulatory requirements, or both. 7 Classification and reclassification of customers The Rules may make provision for or with respect to the classification and reclassification of customers, including, for example— (a) whether a person is a residential customer by reference to whether the person purchases energy principally for personal, household or domestic use at premises; or (b) whether a business customer is a small customer or a large customer; or (c) whether a business customer is a small market offer customer. 7A Related bodies corporate For the purposes of this Law, 2 or more bodies corporate are related to each other if they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth. 8 Interpretation generally (1) Schedule 2 to the NGL applies to this Law, the National Regulations and the Rules and any other statutory instrument made under this Law in the same way as it applies to the NGL and the regulations, rules and any other statutory instruments made under the NGL. (2) For that purpose— (a) (without limiting subsection (1)) a reference in that Schedule to the NGL or NGR (however expressed) is taken to be a reference to this Law or the Rules respectively; and (b) clauses 2, 29, 40(3) and 52, and Part 7 of that Schedule are taken to be omitted; and (c) the definition of business day in clause 10 is taken to be omitted. Note— See section 320 of this Law which applies instead of clauses 2 and 52 of Schedule 2 to the NGL. (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. 8A Savings and transitionals Schedule 1 has effect. Division 2 Matters relating to participating jurisdictions 9 Participating jurisdictions (1) The following jurisdictions are participating jurisdictions for the purposes of this Law— (a) the State of South Australia; and (b) the Commonwealth, a Territory or a State (other than South Australia) if there is in force, as part of the law of that jurisdiction, a law that applies this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia or by some other law). (2) If a law of a participating jurisdiction referred to in subsection (1)(b) ceases to be in force, the jurisdiction ceases to be a participating jurisdiction. 10 Ministers of participating jurisdictions The Ministers of the participating jurisdictions are— (a) the South Australian Minister; and (b) the Ministers of the Crown in right of the other participating jurisdictions administering the laws of those jurisdictions that apply this Law or any part of this Law (whether by a law that corresponds to Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia or by some other law). 11 Local area retailers (1) The regulations under the application Act of a participating jurisdiction must nominate a retailer as a local area retailer for that jurisdiction for the purposes of this Law. (2) One or more retailers may be nominated for a jurisdiction. (3) A nomination of a retailer may be made for any or all of the following: (a) the whole or a specified part of the geographical area of a jurisdiction; (b) specified premises or a specified class of premises; (c) specified customers or a specified class of customers. (4) A nomination of a retailer may relate to 1 or more of the following: (a) electricity; (b) natural gas and natural gas equivalents; (c) 1 or more types of prescribed covered gas. 12 Nominated distributors (1) The regulations under an application Act of a participating jurisdiction may nominate an entity (being an entity that is licensed or otherwise authorised under jurisdictional energy legislation of that jurisdiction) to provide customer connection services as a nominated distributor for the purposes of this Law. (2) A nomination of an entity may be made for any or all of the following: (a) the whole or a specified part of the geographical area of a jurisdiction; or (b) the whole or a specified part of a distribution system that is owned, controlled or operated by the entity. (3) A nomination of an entity has the effect of applying this Law and the Rules (in whole or in part as specified in the regulations and with any specified modifications) to the entity as if it were a distributor within the meaning of this Law, and references in this Law and the Rules to a distributor are accordingly taken to include references to the nominated distributor. Division 3 National energy retail objective and policy principles 13 National energy retail objective The objective of this Law is to promote efficient investment in, and efficient operation and use of, energy services for the long term interests of consumers of energy with respect to— (a) price, quality, safety, reliability and security of supply of energy; and (b) the achievement of targets set by a participating jurisdiction— (i) for reducing Australia's greenhouse gas emissions; or (ii) that are likely to contribute to reducing Australia's greenhouse gas emissions. Note— The AEMC must publish targets in a targets statement: see section 224A. 13AA National Regulations may prescribe matters for national energy retail objective Without limiting Part 11 of this Law, the National Regulations may make provision about a matter relating to the achievement of targets mentioned in section 13(b). 13A Innovative trial principles The following principles (the innovative trial principles) must be taken into account in determining whether a trial project is genuinely innovative in connection with granting a trial waiver or making a trial Rule relating to a trial project: (a) whether the trial project is focused on developing new or materially improved customer connection services or customer retail services; (b) whether the trial project is likely to contribute to the achievement of the national energy retail objective; (c) whether the trial project is able to demonstrate a reasonable prospect of giving rise to materially improved services and outcomes for consumers of energy; (d) whether the trial project maintains adequate consumer protections, including whether the trial project may involve risks to consumers and (if so), how those risks might be mitigated; (e) whether the trial project is unable to proceed under the existing regulatory framework; (f) whether the trial project has moved beyond research and development stages but is not yet established, or of sufficient maturity, size or otherwise commercially ready, to attract investment; (g) whether the trial project may negatively impact on AEMO's operation of national energy systems and national energy markets or AEMO's facilitation of customer connection services and customer retail services and, if there are impacts, how those impacts can be mitigated; (h) whether the trial project may impact on competition in a competitive sector of a national energy market; (ha) whether the licences, authorisations and consents required for the trial project under jurisdictional gas legislation have been obtained or will be obtained; (i) any other principle prescribed by the National Regulations. 14 MCE statements of policy principles (1) Subject to this section, the MCE may issue a statement of policy principles in relation to any matters that are relevant to the performance and exercise by the AEMC of its functions and powers in— (a) making a Rule; or (b) conducting a review under section 232. (2) Before issuing a statement of policy principles, the MCE must be satisfied that the statement is consistent with the national energy retail objective. (3) As soon as practicable after issuing a statement of policy principles, the MCE must give a copy of the statement to the AEMC. (4) The AEMC must publish the statement in the South Australian Government Gazette and on its website as soon as practicable after it is given a copy of the statement. Division 4 Operation and effect of National Energy Retail Rules 15 Rules to have force of law The National Energy Retail Rules have the force of law in this jurisdiction. Division 5 Application of this Law and the Rules to forms of energy 16 Application of Law and Rules to energy (1) This Law and the Rules apply to— (a) the sale and supply to customers of 1 or more of the following: (i) electricity; (ii) natural gas or natural gas equivalents, or both; (iii) 1 or more types of prescribed covered gas; and (b) a retailer to the extent that the retailer sells 1 or more of the following: (i) electricity; (ii) natural gas or natural gas equivalents, or both; (iii) 1 or more types of prescribed covered gas; and (c) a distributor to the extent that the distributor supplies 1 or more of the following: (i) electricity; (ii) natural gas or natural gas equivalents, or both; (iii) 1 or more types of prescribed covered gas. (2) References in this Law and the Rules to energy are to be construed accordingly. (3) Nothing in this section affects the application of provisions of this Law or the Rules to persons who are neither retailers nor distributors. Division 6 Miscellaneous 17 Extraterritorial operation of Law It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following: (a) things situated in or outside the territorial limits of this jurisdiction; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction; (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction. 18 Law binds the State (1) This Law binds the State. (2) In this section— State means the Crown in right of this jurisdiction, and includes— (a) the Government of this jurisdiction; and (b) a Minister of the Crown in right of this jurisdiction; and (c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction. Part 2 Relationship between retailers and small customers Division 1 Preliminary 19 Application of this Part (1) This Part applies to the relationship between retailers and small customers. (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. (3) This Part does not apply to business customers of a retailer who aggregate 2 or more business premises in accordance with the Rules. 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. Division 2 Customer retail contracts generally 20 Kinds of customer retail contracts (1) There are 2 kinds of customer retail contracts, as follows: (a) standard retail contracts; (b) market retail contracts. (2) A retailer cannot provide customer retail services to small customers under any other kind of contract or arrangement. Note— This subsection is a civil penalty provision. (3) This section does not affect deemed customer retail arrangements under Division 9. (4) This section does not affect RoLR deemed small customer retail arrangements under Part 6. Division 3 Standing offers and standard retail contracts for small customers 21 Model terms and conditions The Rules must set out model terms and conditions for standard retail contracts (referred to in this Division as the model terms and conditions). 22 Obligation to make offer to small customers (1) A retailer must make an offer (a standing offer) to provide customer retail services to small customers for whom it is the designated retailer— (a) at the standing offer prices; and (b) under the retailer's form of standard retail contract. Note— This subsection is a civil penalty provision. (1a) If— (a) a small customer has an interval meter; and (b) a local instrument of this jurisdiction declares that this subsection applies in relation to this jurisdiction, then a retailer's standing offer must include— (c) such tariff structures as may be prescribed by local instrument; or (d) if and to the extent that a local instrument declares such Rules to apply—such tariff structures as may be prescribed by the National Energy Retail Rules in connection with the operation of this subsection. (1b) In connection with the operation of subsection (1a), a local instrument applying under subsection (1a)(c) or the Rules applying under subsection (1a)(d) may include provisions that will allow a small customer to elect that a certain specified tariff will, or will not, apply in relation to the customer. (2) The Rules may provide for the manner and form in which a standing offer is to be made. (3) Without limiting the power to make Rules relating to the manner and form in which a standing offer is to be made, a designated retailer must publish the terms and conditions of the standing offer on the retailer's website. Note— This subsection is a civil penalty provision. (4) A designated retailer must comply with the terms and conditions of the retailer's standing offer. (5) A designated retailer is not obliged to make a standing offer to a small customer if the customer's premises are not, or are not proposed to be, connected to a distributor's distribution system. Note— Section 31 provides for the satisfaction of a designated retailer's obligation to make a standing offer by making an offer to certain small customers to sell energy under a market retail contract. (6) In this section— interval energy data means interval energy data as defined in the NER; interval meter means a meter that measures and records interval energy data. 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. 23 Standing offer prices (1) Publication of standing offer prices A retailer must publish its standing offer prices on its website, and the standing offer prices so published remain in force until varied in accordance with this section. Notes— 1 A standing offer price may be a regulated price under jurisdictional energy legislation. 2 This subsection is a civil penalty provision. (2) Variation of standing offer prices A retailer may vary the standing offer prices from time to time, but a variation has no effect unless— (a) it is made in accordance with the requirements (if any) of jurisdictional energy legislation; and (b) the variation (or the standing offer prices as varied) is published on the retailer's website. (3) Publication and notification of variation A retailer must— (a) publish the variation (or the standing offer prices as varied) on the retailer's website; and (b) publish a notice about the variation in a newspaper circulating in the participating jurisdictions in which the retailer has small customers, notifying customers that— (i) there has been a variation; and (ii) the variation (or the standing offer prices as varied) is published on the retailer's website; and (c) inform each affected customer of the variation when the retailer sends the next bill to the customer. (4) Commencement of variation on specified date Unless subsection (5) applies, a variation of the standing offer prices takes effect on and from the date specified in the variation. (5) Limitations on commencement of variation A variation of the standing offer prices ta