South Australia: National Energy Retail Law (South Australia) Act 2011 (SA)

South Australia National Energy Retail Law (South Australia) Act 2011 An Act to establish a national energy customer framework for the regulation of the retail supply of energy to customers; to make provision for the relationship between the distributors of energy and the consumers of energy; and for other purposes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation Part 2—Application of National Energy Retail Law 4 Application of National Energy Retail Law 5 Application of regulations under National Energy Retail Law 6 Interpretation of certain expressions 7 Exclusion of legislation of this jurisdiction Part 3—Related matters 8 Conferral of functions and powers on Commonwealth bodies to act in this jurisdiction 9 Extension of reading‑down provision 10 Regulation‑making power for purposes of National Retail Energy Law (South Australia) Part 4—Provisions applying in South Australia as host jurisdiction 11 Interpretation 12 Regulations 13 Minister authorised to exercise powers under the national scheme 14 Exclusion of legislation of this jurisdiction Part 5—Implementation of national law in South Australia Division 1—Preliminary 15 Preliminary Division 2—Application of law—electricity 16 Application of law—electricity Division 3—South Australian arrangements 17 Consumption thresholds 18 Standing offer prices 19 Small market offer customers 21 Retailer of last resort scheme 22 Small compensation claims regime 23 Minimum standards of service for customers 24 Late payment fees 25 Immunity in relation to failure to supply electricity Division 4—Miscellaneous 26 Application of Essential Services Commission Act 2002 27 Delegation by Minister 28 Extension of AER functions and powers 29 Regulations 30 Review Part 6—Validation of instruments and decisions of AER—energy retail laws 31 Validation of instruments and decisions made by AER 32 AER—authorisation of preparatory steps Part 7—Transitional provisions 33 Interpretation 34 Conditions—exempt entities 35 Customer contracts—electricity 36 Customer connection contracts—electricity 37 Customer contracts—gas 38 Customer connection contracts—gas 39 Complaints and dispute resolution 40 Provision of information and assistance by Commission 41 Transitional regulation‑making power Schedule—National Energy Retail Law 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 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 Satisfaction of designated retailer's obligation to make standing offer by making market offer to certain small customers 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 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 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 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 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 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—Small compensation claims regime Division 1—Preliminary 176 Small compensation claims regime 177 Definitions 178 Claimable incidents—meaning 179 Compensable matters—meaning 180 Maximum amount—meaning 181 Minimum amount—meaning 182 Median amount—meaning 183 Repeat claimant—meaning 184 AER determinations of minimum amount, median amount and repeated claims maximum number Division 2—Compensation generally 185 When compensation is payable 186 Duty of distributor to provide information and advice Division 3—Claims process 187 Making of claims 188 Claims for less than the minimum amount 189 Claims for more than the maximum amount 190 Confirmation of claims involving property damage 191 Claims for amounts within the mandatory range 192 Claims for amounts in the discretionary range 193 Claims by repeat claimants 194 Distributor to reimburse customer for reasonable costs of claim 195 Rejection of claims 196 Distributor to advise customer of reasons for reducing or rejecting claim and of review rights 197 Small customer complaint or dispute resolution Division 4—Payment of compensation 198 Method of payment 199 Finality of payment of compensation Division 5—Miscellaneous 200 Other remedies 201 Payment of compensation not to be admission of fault, negligence or bad faith 202 Requirement to keep records on regime activities 203 Rules Part 8—Functions and powers of the Australian Energy Regulator Division 1—General 204 Functions and powers of AER (including delegations) 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 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 317 Distributor—retailer mutual indemnity 318 Immunity in relation to personal liability of AEMC officials 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—Savings and transitionals Part 1—Transitional provision related to AEMC rule making powers 1 AEMC rule making powers Part 2—Transitional provision related to stand‑alone power systems 2 Transitional provision related to stand‑alone power systems Part 3—Savings and transitional provisions related to Ministerial Council on Energy amendments 2A Definitions 3 References to Ministerial Council on Energy 4 Rights under certain change of law provisions in agreements or deeds not to be triggered 5 Rights under contracts etc 6 Saving of decisions etc Part 4—Transitional provisions related to national energy retail objective amendments 7 Definitions 8 When amended objective takes effect for particular matters 9 Application of national energy retail objective to particular matters in progress on start day 10 Administrative guidance for decisions under clause 9(3) 11 Administrative guidance about value of greenhouse gas emissions 12 Validation of things done in relation to Rules before commencement Part 5—Transitional provisions related to other gas amendments 13 Definition 14 Retailer authorisations 15 Exempt sellers 16 RoLR arrangements Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the National Energy Retail Law (South Australia) Act 2011. 2—Commencement (1) This Act will come into operation on a day to be fixed by proclamation. (2) Section 27(6) of the Legislation Interpretation Act 2021 does not apply to this Act or a provision of this Act. 3—Interpretation (1) For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the National Energy Retail Law set out in the Schedule. (2) In the local application provisions of this Act— National Energy Retail Law (South Australia) means the provisions in operation in this jurisdiction because of section 4 of this Act. (3) Terms used in the local application provisions of this Act and also in the National Energy Retail Law set out in the Schedule to this Act have the same meanings in those provisions as they have in that Law. (4) This section does not apply to the extent that the context or subject matter otherwise indicates or requires. Part 2—Application of National Energy Retail Law 4—Application of National Energy Retail Law (1) Despite the commencement of the Schedule to this Act, the National Energy Retail Law will not apply in this jurisdiction until a day fixed by the Governor by proclamation made under this section. (2) The Governor may, in acting under subsection (1), suspend the operation of specified provisions of the National Energy Retail Law, insofar as it applies in South Australia— (a) until a later day specified in the proclamation under that subsection; or (b) until a day or days to be fixed by subsequent proclamation or proclamations. (3) The National Energy Retail Law set out in the Schedule to this Act, applying in South Australia by virtue of the operation of this section from the day fixed under subsection (1)— (a) may be referred to as the National Energy Retail Law (South Australia); and (b) as so applying, is a part of this Act. 5—Application of regulations under National Energy Retail Law From the day fixed under section 4(1), the regulations in operation for the time being under the National Energy Retail Law— (a) apply as regulations in force for the purposes of the National Energy Retail Law (South Australia); and (b) as so applying may be referred to as the National Energy Retail Regulations (South Australia). 6—Interpretation of certain expressions In the National Energy Retail Law (South Australia) and the National Energy Retail Regulations (South Australia)— National Energy Retail Law or this Law means the National Energy Retail Law (South Australia); the jurisdiction or this jurisdiction means the State of South Australia. 7—Exclusion of legislation of this jurisdiction (1) The following Acts of this jurisdiction do not apply to the National Energy Retail Law (South Australia) or to instruments made under that Law: (a) the Legislation Interpretation Act 2021; (b) the Legislative Instruments Act 1978. (2) Subsection (1) does not apply to a regulation made under section 10 for the purposes of the National Energy Retail Law (South Australia). (3) AEMO is an exempt agency for the purposes of the Freedom of Information Act 1991. Part 3—Related matters 8—Conferral of functions and powers on Commonwealth bodies to act in this jurisdiction (1) A Commonwealth body has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Commonwealth body by the national energy retail legislation of another participating jurisdiction. (2) In this section— Commonwealth body means— (a) AER; or (b) the Tribunal. 9—Extension of reading‑down provision (1) Section 320 of the National Energy Retail Law (South Australia) has effect in relation to the operation of any provision of this Act as if the provision formed part of that Law. (2) Subsection (1) does not limit the effect that a provision would validly have apart from the subsection. 10—Regulation‑making power for purposes of National Retail Energy Law (South Australia) The Governor may make such regulations, including regulations constituting local instruments, as are contemplated by the National Energy Retail Law (South Australia) as being made under this Act as the application Act of this jurisdiction. Part 4—Provisions applying in South Australia as host jurisdiction 11—Interpretation In this Part— National Energy Retail Law means the National Energy Retail Law, as amended from time to time, set out in the Schedule. 12—Regulations (1) The Governor is authorised to exercise the power to make regulations conferred on the Governor by the National Energy Retail Law for the purposes of that Law. (2) The Governor may act under this section even if the National Energy Retail Law is yet to apply in this jurisdiction under section 4. 13—Minister authorised to exercise powers under the national scheme (1) The Minister is authorised to exercise the power to make rules conferred on the Minister— (a) by the National Energy Retail Law; or (b) by amendments made to the National Electricity Law or the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011. (2) If the national energy retail legislation of another jurisdiction confers a function or power on the Minister, the Minister— (a) may perform that function or exercise that power; and (b) may do all things necessary or convenient to be done in connection with the performance or exercise of that function or power. (3) The Minister may act under this section even if the National Energy Retail Law is yet to apply in this jurisdiction under section 4. 14—Exclusion of legislation of this jurisdiction (1) The Legislative Instruments Act 1978 does not apply to a regulation made by the Governor under the National Energy Retail Law. (2) The Legislative Instruments Act 1978 does not apply to rules made under the National Energy Retail Law. Part 5—Implementation of national law in South Australia Division 1—Preliminary 15—Preliminary (1) In this Part— Commission means the Essential Services Commission established under the Essential Services Commission Act 2002. (2) Part 2 applies subject to the operation of this Part. Division 2—Application of law—electricity 16—Application of law—electricity Insofar as the National Energy Retail Law applies to electricity, the National Energy Retail Law (South Australia)— (a) will only apply in relation to the sale of electricity to customers whose premises are connected, or to be connected, to the interconnected national electricity system within the meaning of the NEL; and (b) will not apply in relation to any area prescribed by the regulations for the purposes of this paragraph. Division 3—South Australian arrangements 17—Consumption thresholds (1) Despite section 6 of the National Energy Retail Law (South Australia), the Governor may, by regulation made under this section for the purposes of the consumption thresholds referred to in section 5 of that Law— (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. (2) In connection with the operation of subsection (1)— (a) without limitation, a regulation made for the purposes of that subsection may differ in its application to different classes of business customers or different regulatory requirements, or both; and (b) a regulation made for the purposes of that subsection will apply to the exclusion of any inconsistent provision made by the National Regulations under section 6 of the National Energy Retail Law; and (c) the National Energy Retail Rules, insofar as they apply as part of the law of South Australia, are modified to the extent necessary to give effect to a regulation made for the purposes of that subsection. 18—Standing offer prices (1) For the purposes of the National Energy Retail Law (South Australia), a designated retailer will be taken to include— (a) in relation to the provision of electricity—an entity or entities prescribed by the regulations for the purposes of this paragraph; and (b) in relation to the provision of gas—an entity or entities prescribed by the regulations for the purposes of this paragraph. (2) Section 11 of the National Energy Retail Law will not apply in this jurisdiction. (3) Section 22 of the National Energy Retail Law (South Australia) will only apply in relation to an entity prescribed under subsection (1) (and the regulations may make any provision in connection with the operation of this subsection). (4) A standing offer price of an entity prescribed under subsection (1) (being relevant for the purposes of the National Energy Retail Law (South Australia)) will be— (a) in relation to the provision of electricity to a particular customer—the price (or prices) fixed by the Commission under section 36AA(4a) of the Electricity Act 1996 as the standing contract price for a class of customers to which the customer belongs and will include 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 the retailer's form of standard retail contract; (b) in relation to the provision of gas to a particular customer—the price (or prices) fixed by the Commission under section 34A(4a) of the Gas Act 1997 as the standing contract price for a class of customers to which the customer belongs and will include 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 the retailer's form of standard retail contract. (5) For the purposes of subsection (4)— (a) any provision of the Electricity Act 1996 or the Gas Act 1997 (as the case requires) that may be relevant to fixing prices that will apply under that subsection will apply in connection with the operation of that subsection; and (b) the Essential Services Commission Act 2002 will apply— (i) in relation to the activities of the Commission in connection with the operation of that subsection; and (ii) in relation to any determination of the Commission that applies to an entity prescribed under subsection (1). (6) Section 23(5) of the National Energy Retail Law (South Australia) will not apply in relation to a variation of the standing offer price of an entity prescribed under subsection (1) that applies under subsection (4). (7) In addition to the requirements of the National Energy Retail Law (South Australia), an entity prescribed under subsection (1) must publish on its website (and keep up to date) a price list setting out all of its tariffs and charges in connection with the sale or supply of energy to its small customers when the entity is acting as a financially responsible retailer under a deemed customer retail arrangement under Division 9 of Part 2 of that Law or as a retailer of last resort under Part 6 of that Law. (8) A price list published under subsection (7) must comply with any requirements prescribed by the National Energy Retail Law (South Australia) in relation to the publication or presentation of any standing offer price. (9) A reference in section 55(2) of the National Energy Retail Law (South Australia) to a retailer's standing offer prices will, in the case of an entity prescribed under subsection (1), be taken to be a reference to the prices published under subsection (7). (10) To avoid doubt, the preceding subsections do not affect the application of section 23 of the National Energy Retail Law (South Australia) to a retailer that is not an entity prescribed under subsection (1). Note— Section 18 had not come into operation at the date of the publication of this version. 19—Small market offer customers Section 31 of the National Energy Retail Law will not apply in this jurisdiction. 21—Retailer of last resort scheme (1) A reference in section 145(4) of the National Energy Retail Law (South Australia) to a retailer's standing offer prices will be taken to be— (a) in the case of an entity prescribed under section 18(1)—the prices published under section 18(7); (b) in any other case—the entity's standing offer price under section 23 of the Law. (2) Despite any other provision made by or under the National Energy Retail Law (South Australia) or any jurisdictional energy legislation, a standing offer price may be varied at any time as a result of a RoLR cost recovery scheme. Note— Section 21 had not come into operation at the date of the publication of this version. 22—Small compensation claims regime (1) Subject to subsection (2), Part 7 of the National Energy Retail Law will not apply in this jurisdiction. (2) Part 7 of the National Energy Retail Law will apply in this jurisdiction (and form part of the National Energy Retail Law (South Australia)) from a date to be fixed by proclamation. 23—Minimum standards of service for customers (1) A retailer must comply with any requirements imposed under the regulations relating to minimum standards of service for customers, or customers of a prescribed class. (2) Subsection (1) will be taken to be a civil penalty provision under the National Energy Retail Law (South Australia). (3) In addition, a minimum standard of service for customers prescribed under this section will be taken to be a requirement of the National Energy Retail Law (South Australia) for the purposes of Part 12 of that Law (and will be subject to the compliance, performance, monitoring, information, data, audit and reporting requirements of that Part). (4) Without limiting subsection (3) (or any other provision), the functions and powers of the AER under Part 12 of the National Energy Retail Law (South Australia) will extend in relation to any minimum standard of service to customers prescribed under this section. 24—Late payment fees (1) A retailer may impose a fee for late payment of a bill for a customer retail service. (2) However, if the service is provided under a customer retail contract with a small customer— (a) the fee must not exceed the reasonable costs of the retailer in recovering an overdue amount; and (b) if the customer lodges a complaint in relation to the bill under Part 4 of the National Energy Retail Law (South Australia), the retailer must not take steps to recover a fee for late payment while the complaint is being dealt with under that Part. 25—Immunity in relation to failure to supply electricity (1) Section 316(2) of the National Energy Retail Law (South Australia) will be taken to allow a distributor of electricity to enter into an agreement with a small customer varying or excluding the operation of subsection (1) of section 316 of that Law and, to the extent of that agreement, that subsection does not apply. (2) However, an agreement under subsection (1)— (a) must comply with any requirement prescribed by the regulations; and (b) may not apply in relation to an act or omission of a kind excluded from the operation of this section by the regulations. Division 4—Miscellaneous 26—Application of Essential Services Commission Act 2002 A retailer will be taken to be a regulated entity operating in a regulated industry for the purposes of the Essential Services Commission Act 2002. 27—Delegation by Minister (1) The Minister may delegate a function or power conferred on the Minister under this Act or the National Energy Retail Law (South Australia)— (a) to a particular person or body; or (b) to the person for the time being occupying a particular office or position. (2) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation— (a) may be made subject to conditions or limitations specified in the instrument of delegation; and (b) does not derogate from the power of the Minister to act in a matter; and (c) is revocable at will by the Minister. (4) In any legal proceedings an apparently genuine certificate, purportedly given by the Minister, containing particulars of a delegation under this will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars. 28—Extension of AER functions and powers (1) The following provisions of the National Energy Retail Law (South Australia) apply as if a reference in any such provision to the Law included a reference to this Part, and Parts 6 and 7, of this Act: (a) Parts 8, 12, 13, 14 and 15; and (b) any other provision prescribed by the regulations for the purposes of this subsection. (2) Subsection (1) does not apply— (a) to or in relation to section 20 of this Act; or (b) so as to require the AER to administer any procedures prescribed under section 41(2) of this Act; or (c) to or in relation to any other provision prescribed by the regulations for the purposes of this subsection. (3) The Governor may, by regulation, modify any provision that applies under subsection (1) insofar as it applies to a Part of this Act referred to in that subsection. (4) Without limiting subsection (1) or Division 2 of Part 8 of the National Energy Retail Law (South Australia), the AER may require information or a document to be provided or produced by a person under that Division that relates to a matter that arose before the commencement of that Law. Note— Subsection (2)(a) had not come into operation at the date of the publication of this version. 29—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Part. (2) Without limiting subsection (1), the regulations may— (a) require a retailer to comply with any prescribed codes or rules relating to the electricity supply industry or the gas supply industry made by the Commission under the Essential Services Commission Act 2002; and (b) prescribe obligations and other requirements that a retailer must comply with in relation to the provision of services, including with respect to the connection, de‑energisation or re‑energisation of premises. (3) The regulations may— (a) be of general application or limited in application according to the persons, areas, times or circumstances to which it is expressed to apply; (b) provide that a matter or thing in respect of which regulations may be made is to be determined, regulated or prohibited according to the discretion of the Minister or the Commission. (4) In addition, the Governor may, by regulation— (a) amend or vary the operation of the National Energy Retail Regulations (South Australia); or (b) amend or vary the operation of the National Energy Retail Rules, insofar as they apply as part of the law of South Australia. 30—Review (1) The Commission must conduct a review of the operation of the National Energy Retail Law in South Australia after the expiry of 2 years from the date fixed under section 4. (2) The review must focus on the impact of the National Energy Retail Law on consumers of energy and whether the implementation of the Law has— (a) resulted in increased efficiencies; or (b) adversely affected customer protection in pursuit of national consistency, and may address such other matters as the Commission thinks fit. (3) The Commission must prepare a report on the outcome of the review and provide a copy of the report to the Minister. (4) The Minister must, within 6 sitting days after receiving a report under subsection (3), have copies of the report laid before both Houses of Parliament. (5) The Commission must, between the date fixed under section 4 and the completion of the review under this section, publish, on a quarterly basis, statistics about the de‑energisation of premises due to inability to pay energy bills during each quarter, unless the Commission is satisfied that the AER publishes comparable statistics on a quarterly basis. Part 6—Validation of instruments and decisions of AER—energy retail laws 31—Validation of instruments and decisions made by AER (1) This section applies to an instrument or decision made by the AER if— (a) the instrument or decision was made— (i) on or after the time that this Act was enacted; but (ii) before the time (the application time) that the National Energy Retail Law first started to apply under this Act as a law of South Australia; and (b) had the National Energy Retail Law started so to apply the making of the instrument or decision would have been authorised by or under one of the following laws (the authorising law): (i) the National Energy Retail Law (South Australia); (ii) the National Energy Retail Regulations (South Australia); (iii) this Act; (iv) an instrument made or having effect under this Act; and (c) in a case in which the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if the National Energy Retail Law had started so to apply, be required under the authorising law for the instrument or decision to be so authorised. (2) For the purposes of the authorising law— (a) the instrument or decision is taken to be valid; and (b) the instrument or decision has effect from the application time— (i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and (ii) subject to that law as so applying. (3) For the purposes of this section— (a) guidelines are an example of an instrument; and (b) the following are examples of decisions: (i) appointments; (ii) determinations; (iii) approvals. 32—AER—authorisation of preparatory steps (1) This section applies if— (a) the AER is required to do something (a preparatory step) before making a decision or making an instrument under one of the following (the authorising law): (i) the National Energy Retail Law (South Australia); (ii) the National Energy Retail Regulations (South Australia); (iii) this Act; (iv) an instrument made or having effect under this Act; and (b) the AER takes the preparatory step— (i) on or after the time that this Act was enacted; but (ii) before the time that the National Energy Retail Law first started to apply under this Act as a law of South Australia. (2) For the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step. Part 7—Transitional provisions 33—Interpretation In this Part— authorised entity means a relevant entity that, on the relevant day, is taken to be the holder of a retailer authorisation; Commission means the Essential Services Commission established under the Essential Services Commission Act 2002; exempt entity means a relevant entity that, on the relevant day, is taken to be an exempt seller; NERL entity means an entity that, on the relevant day, becomes a regulated entity under the National Energy Retail Law (South Australia); relevant day means the day fixed by the Governor by proclamation under section 4 as the day on which the National Energy Retail Law applies in this jurisdiction; relevant entity means an entity— (a) that, immediately before the relevant day— (i) held a licence under Part 3 of the Electricity Act 1996 or held an exemption from the requirement to hold such a licence under that Act; or (ii) held a licence under Part 3 of the Gas Act 1997 or held an exemption from the requirement to hold such a licence under that Act; and (b) that, on the relevant day, is taken to be— (i) the holder of a retailer authorisation; or (ii) an exempt seller, by virtue of the operation of the National Regulations. 34—Conditions—exempt entities (1) The conditions that will apply to an exempt entity on the relevant day for the purposes of the National Energy Retail Law (South Australia) will be conditions determined by the Minister under this section. (2) The Minister must— (a) furnish written notice of the conditions to the exempt entity; and (b) furnish a copy of the notice of the conditions to the AER. (3) The AER must, as soon as practicable after receiving a copy of a notice under subsection (2), publish the conditions on the AER's website. (4) The conditions determined by the Minister under this section will be taken to be conditions imposed by the AER under section 112 of the National Energy Retail Law (South Australia). (5) The AER must consult with the Minister before it varies or revokes a condition determined by the Minister under this section. 35—Customer contracts—electricity (1) A contract for the sale of electricity between an authorised entity and a customer that is constituted by a standing contract under section 36AA of the Electricity Act 1996 and is in force immediately before the relevant day will, on the relevant day, be taken to be replaced with a contract between the authorised entity and the customer in the form of the entity's standard retail contract applying under Division 3 of Part 2 of the National Energy Retail Law (South Australia) for the provision of the relevant services. (2) A market contract for the sale of electricity between an authorised entity and a customer under Part A of the Energy Retail Code (ERC/03) published by the Commission under the Essential Services Commission Act 2002 and in force immediately before the relevant day will, on the relevant day, be taken to be a market retail contract under section 33 of the National Energy Retail Law (South Australia) (and the minimum requirements that apply under Division 4 of Part 2 of the National Energy Retail Law (South Australia) will apply in relation to that contract). (3) A customer may exercise any right to withdraw from a contract under subsection (2) during a cooling‑off period that existed immediately before the relevant day as if the Electricity Act 1996 still applied (and then subsection (2) will cease to apply in relation to that contract). (4) Where an authorised entity is, immediately before the relevant day, required to sell electricity to a customer under section 36AB of the Electricity Act 1996, the default contract arrangement in place between the entity and the customer will be taken to constitute a deemed customer retail arrangement between the entity and the customer under Division 9 of Part 2 of the National Energy Retail Law (South Australia) with the terms and conditions applying under that Division. (5) A request made to a designated retailer under section 36AA of the Electricity Act 1996 before the relevant day that, immediately before the relevant day, is yet to be subject to a contract between the designated retailer and the relevant customer under the Electricity Act 1996 will be taken to be a request for an offer under section 22 of the National Energy Retail Law (South Australia). (6) The prices applicable to a contract that is taken to exist under the National Energy Retail Law (South Australia) by operation of this section will, on the relevant day, be the prices that would have applied under the Electricity Act 1996 on that day had this Act not been enacted (subject to any variation made under the National Energy Retail Law (South Australia) on or after the relevant day). (7) In connection with the operation of a preceding subsection— (a) any security deposit paid by a customer under the Electricity Act 1996 that is being held by a relevant entity immediately before the relevant day will continue to have effect as if it had been paid under the National Energy Retail Law (South Australia); and (b) a notification given by a party to a contract before the relevant day (and still valid and operative immediately before the relevant day) will, if such a notification may be made under the National Energy Retail Law (South Australia), continue and have effect as if it had been given under that Law; and (c) any direct debit arrangement for the payment of a bill in operation for the purposes of a contract that is subject to the operation of a preceding subsection (and in force immediately before the relevant day) will continue to have effect; and (d) a payment plan or other arrangement in operation for the purposes of a contract that is subject to the operation of a preceding subsection (and in force immediately before the relevant day) will continue to have effect as if it had been entered into under the National Energy Retail Law (South Australia). (8) In this section— designated retailer means an entity prescribed for the purposes of section 18(1)(a) of this Act. Note— Subsections (5) and (8) had not come into operation at the date of the publication of this version. 36—Customer connection contracts—electricity (1) A contract for the supply of electricity between a distributor of electricity and a customer under the Electricity Act 1996 that is constituted by the standard connection and supply contract under Part B of the Electricity Distribution Code (EDC/09) published by the Commission under the Essential Services Commission Act 2002 and is in force immediately before the relevant day will, on the relevant day, be taken to be replaced with a contract between the distributor and the customer in the form of the distributor's deemed standard connection contract applying under Division 4 of Part 3 of the National Energy Retail Law (South Australia) for the provision of the relevant services. (2) Any other contract for the supply of electricity between a distributor of electricity and a customer under the Electricity Act 1996 in force immediately before the relevant day will, on the relevant day, be taken to be a negotiated connection contract under the National Energy Retail Law (South Australia) (with the terms and conditions applying immediately before the relevant day being taken to be the terms and conditions applying under the National Energy Retail Law (South Australia)). (3) This section does not apply if the distributor does not become a NERL entity on the relevant day. (4) An offer to a customer to provide a connection to a supply of electricity under the Electricity Act 1996 by an entity that becomes a distributor under the National Energy Retail Law (South Australia) made before the relevant day (and still operative immediately before the relevant day)— (a) must be maintained as an open offer for a period of 60 days, or for such other period as may be specified in the offer (with the period starting on the making of the offer); and (b) will be taken to be a distributor's connection offer for the purposes of section 70(2)(a) of the National Energy Retail Law (South Australia). 37—Customer contracts—gas (1) A contract for the sale of gas between an authorised entity and a customer that is constituted by a standing contract under section 34A of the Gas Act 1997 and is in force immediately before the relevant day will, on the relevant day, be taken to be replaced with a contract between the authorised entity and the customer in the form of the entity's standard retail contract applying under Division 3 of Part 2 of the National Energy Retail Law (South Australia) for the provision of the relevant services. (2) A market contract for the sale of gas between an authorised entity and a customer under Part A of the Energy Retail Code (ERC/03) published by the Commission under the Essential Services Commission Act 2002 and in force immediately before the relevant day will, on the relevant day, be taken to be a market retail contract under section 33 of the National Energy Retail Law (South Australia) (and the minimum requirements that apply under Division 4 of Part 2 of the National Energy Retail Law (South Australia) will apply in relation to that contract). (3) A customer may exercise any right to withdraw from a contract under subsection (2) during a cooling‑off period that existed immediately before the relevant day as if the Gas Act 1997 still applied (and then subsection (2) will cease to apply in relation to that contract). (4) Where an authorised entity is, immediately before the relevant day, required to sell gas to a customer under section 34B of the Gas Act 1997, the default contract arrangement in place between the entity and the customer will be taken to constitute a deemed customer retail arrangement between the entity and the customer under Division 9 of Part 2 of the National Energy Retail Law (South Australia) with the terms and conditions applying under that Division. (5) A request made to a designated retailer under section 34A of the Gas Act 1997 before the relevant day that, immediately before the relevant day, is yet to be subject to a contract between the designated retailer and the relevant customer under the Gas Act 1997 will be taken to be a request for an offer under section 22 of the National Energy Retail Law (South Australia). (6) The prices applicable to a contract that is taken to exist under the National Energy Retail Law (South Australia) by operation of this section will, on the relevant day, be the prices that would have applied under the Gas Act 1997 on that day had this Act not been enacted (subject to any variation made under the National Energy Retail Law (South Australia) on or after the relevant day). (7) In connection with the operation of a preceding subsection— (a) any security deposit paid by a customer under the Gas Act 1997 that is being held by a relevant entity immediately before the relevant day will continue to have effect as if it had been paid under the National Energy Retail Law (South Australia); and (b) a notification given by a party to a contract before the relevant day (and still valid and operative immediately before the relevant day) will, if such a notification may be made under the National Energy Retail Law (South Australia), continue and have effect as if it had been given under that Law; and (c) any direct debit arrangement for the payment of a bill in operation for the purposes of a contract that is subject to the operation of a preceding subsection (and in force immediately before the relevant day) will continue to have effect; and (d) a payment plan or other arrangement in operation for the purposes of a contract that is subject to the operation of a preceding subsection (and in force immediately before the relevant day) will continue to have effect as if it had been entered into under the National Energy Retail Law (South Australia). (8) In this section— designated retailer means an entity prescribed for the purposes of section 18(1)(b) of this Act. Note— Subsections (5) and (8) had not come into operation at the date of the publication of this version. 38—Customer connection contracts—gas (1) A contract for the supply of gas between a distributor of gas and a customer in force immediately before the relevant day will, on the relevant day, be taken to be a negotiated connection contract under the National Energy Retail Law (South Australia) (with the terms and conditions applying immediately before the relevant day being taken to be the terms and conditions applying under the National Energy Retail Law (South Australia)). (2) If a customer is being supplied with gas under the Gas Act 1997 immediately before the relevant day without being a party to a contract with the distributor of that gas in relation to that supply then, on the relevant day, a customer connection contract will be taken to exist between the customer and the distributor under Part 3 of the National Energy Retail Law (South Australia) (with the terms and conditions applying under Division 4 of Part 3 of that Law). (3) This section does not apply if the distributor does not become a NERL entity on the relevant day. 39—Complaints and dispute resolution (1) On and from the relevant day, a complaint made to a NERL entity or an energy ombudsman (including a complaint made before the relevant day) will proceed under Part 4 of the National Energy Retail Law (South Australia) (even if the complaint involves a matter arising when the Electricity Act 1996 or the Gas Act 1997 (as the case requires) applied in relation to the matter). (2) On and from the relevant day, a dispute arising under the Electricity Act 1996 or the Gas Act 1997 in relation to a NERL entity will proceed before the energy ombudsman under Part 4 of the National Energy Retail Law (South Australia) (including a dispute referred to an energy ombudsman before the relevant day). 40—Provision of information and assistance by Commission (1) Despite any other Act or law, the Commission is authorised, on its own initiative or at the request of the AER— (a) to provide the AER with such information (including information given in confidence) in the possession or control of the Commission that is reasonably required by the AER for the purposes of this Act or the National Energy Retail Law (South Australia); and (b) to provide the AER with such other assistance as is reasonably required by the AER to perform or exercise a function or power under this Act or the National Energy Retail Law (South Australia). (2) Despite any other Act or law, the Commission may authorise the AER to disclose information provided under subsection (1) even if the information was given to the Commission in confidence. (3) Nothing done, or authorised to be done, by the Commission in acting under subsection (1) or (2)— (a) constitutes a breach of, or default under, an Act or other law; or (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or (c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or (d) constitutes a civil or criminal wrong; or (e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or (f) releases a surety or any other obligee wholly or in part from an obligation. 41—Transitional regulation‑making power (1) Without limiting any other provision, the Governor may, by regulation, make any provision of a saving or transitional nature— (a) relating to the transition from the application of the Electricity Act 1996 or the Gas Act 1997 to the application of provisions of the National Energy Retail Law (South Australia) (including in connection with the operation or effect of the National Energy Retail Law); or (b) relating to the operation or effect of the National Electricity (South Australia) Law or the National Gas (South Australia) Law on account of, or in connection with, the commencement of the National Energy Retail Law (South Australia); or (c) relating to the operation or effect of the National Energy Retail Law (South Australia) on account of, or in connection with, the commencement of the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023. (2) Without limiting subsection (1), the Governor may, by regulation— (a) prescribe procedures that will apply as if they were procedures made by AEMO under section 144 of the National Energy Retail Law (South Australia); and (b) vary or revoke procedures made by AEMO under section 144 of that Law. (3) A regulation under subsection (2) may only apply to or in relation to a relevant entity. (4) In the event of an inconsistency between a regulation made under subsection (1) or (2) and any provision of the National Energy Retail Law (South Australia) (or any instrument made under that Law), the regulation will apply to the extent of the inconsistency. (5) A provision of a regulation made under this section may, if the regulation so provides, take effect from the commencement of the National Energy Retail Law (South Australia) or from a later day. (6) To the extent to which a provision takes effect under subsection (5) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. Schedule—National Ene