National Energy Retail Law (ACT) Regulation 2012 (ACT)

National Energy Retail Law (ACT) Regulation 2012   

SL2012-29

made under the

National Energy Retail Law (ACT) Act 2012

Republication No 4

Effective:  2 July 2017

Republication date: 2 July 2017

Last amendment made by A2015‑15
(republication for expiry of transitional provisions (pt 5))

About this republication

The republished law

This is a republication of the National Energy Retail Law (ACT) Regulation 2012, made under the National Energy Retail Law (ACT) Act 2012 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 July 2017.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 2 July 2017. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

National Energy Retail Law (ACT) Regulation 2012

made under the

National Energy Retail Law (ACT) Act 2012

Contents

Page

Part 1      Preliminary

1            Name of regulation  2

3            Dictionary  2

4            Notes  2

Part 2      Provisions for Act

Division 2.1                  Border area arrangements

5            Prescribed local energy retail law—Act, s 15, def prescribed local energy retail law    3

6            Prescribed NSW energy retail law—Act, s 15, def prescribed NSW energy retail law     3

7           Person to whom prescribed local energy retail law does not apply and prescribed NSW energy retail law applies—Act, s 17 (1) (a) and (2) (a)  3

Division 2.2                  Other

8            Planned interruptions of energy supply  4

9            Re-energisation required under National Energy Retail Law (ACT)         4

Part 3      Provisions for National Energy Retail Law (ACT)

10          Local area retailer—National Energy Retail Law (ACT), s 11                6

11          Prepayment meter systems—National Energy Retail Law (ACT), s 56 (2)  6

12          Price comparator—National Energy Retail Law (ACT), s 62 (1)              6

13          AER information gathering powers for pricing guidelines and comparator—National Energy Retail Law (ACT), s 63 (b)  7

Part 4      Modification of National Energy Retail Rules

14          Modification of National Energy Retail Rules—Act, s 23 (3)                  8

Schedule 1 Modification—National Energy Retail Rules          9

Dictionary10

Endnotes

1            About the endnotes  11

2            Abbreviation key  11

3            Legislation history  12

4            Amendment history  12

5            Earlier republications  13

6            Expired transitional or validating provisions  13

National Energy Retail Law (ACT) Regulation 2012

made under the

National Energy Retail Law (ACT) Act 2012

Part 1Preliminary

1. Name of regulation

   This regulation is the National Energy Retail Law (ACT) Regulation 2012.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation.

   Note 2A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2Provisions for Act

Division 2.1               Border area arrangements

1. Prescribed local energy retail law—Act, s 15, def prescribed local energy retail law

   The local energy retail law is prescribed.

2. Prescribed NSW energy retail law—Act, s 15, def prescribed NSW energy retail law

   The NSW energy retail law is prescribed.

3. Person to whom prescribed local energy retail law does not apply and prescribed NSW energy retail law applies—Act, s 17 (1) (a) and (2) (a)

   (1)The prescribed local energy retail law does not apply, and the prescribed NSW energy retail law applies, to Origin Energy Electricity Ltd ACN 071 052 287 (Origin Energy) in relation to the sale and supply of electricity to premises in the ACT connected to the distribution system of Essential Energy if Origin Energy—

   (a)holds a retailer authorisation under the National Energy Retail Law (NSW); and

   (b)carries out the functions of a local area retailer under that Law in relation to the sale and supply of electricity to those premises as if it were a local area retailer under that Law for those premises.

   (2)The prescribed local energy retail law does not apply, and the prescribed NSW energy retail law applies, to Essential Energy in relation to the supply of electricity to premises in the ACT connected to its distribution system.

Division 2.2               Other

1. Planned interruptions of energy supply

   (1)This section applies if a distributor interrupts the supply of energy to a customer’s premises for a planned interruption.

   (2)The distributor must restore the customer’s supply not later than 12 hours after the start of the interruption.

   (3)In this section:

   planned interruption—see the National Energy Retail Rules, rule 88 (Definitions).

2. Re-energisation required under National Energy Retail Law (ACT)

   (1)If a retailer is required to arrange for the re-energisation of a small customer’s premises under the National Energy Retail Law (ACT), the retailer must initiate a request to the distributor for the re‑energisation as soon as practicable, but not later than 24 hours, after the obligation to initiate the request arose under that Law.

   NoteSee the National Energy Retail Rules, r 121 (Obligation on retailer to arrange re-energisation of premises).

   (2)If a distributor is required to re-energise a small customer’s premises under the National Energy Retail Law (ACT) including because a request for re-energisation is initiated by a retailer or made by a customer, the distributor must re-energise the premises—

   (a)if the request is initiated or made—

   (i)before 2.00 pm on a business day—on the day of the request or the day agreed between the customer and distributor; or

   (ii)after 2.00 pm on a business day—on the next business day or the day agreed between the customer and distributor; or

   (b)if there is a timeframe (however described) for re-energisation in the distributor service standards—in accordance with the timeframe.

   Note 1See the National Energy Retail Rules, r 122 (Obligation on distributor to re-energise premises).

   Note 2If there is a complaint to the ACAT about the de-energisation of residential premises because of a failure to pay a customer debt, and if the ACAT is satisfied that the de-energisation causes substantial hardship for a consumer, the ACAT may give a written direction that the premises be re‑energised as soon as practicable and, in any event, within 24 hours after the direction is given (see Utilities Act 2000, s 75B, s 75C and s 179).

Part 3Provisions for National Energy Retail Law (ACT)

1. Local area retailer—National Energy Retail Law (ACT), s 11

   (1)ActewAGL Retail is the local area retailer for electricity and gas for premises in the ACT connected to the distribution system of ActewAGL Distribution.

   (2)In this section:

   ActewAGL Distribution means ActewAGL Distribution (ABN 76 670 568 688) (the partnership of Icon Distribution Investments Limited (ACN 073 025 224) and Jemena Networks (ACT) Pty Ltd (ACN 008 552 663)).

   ActewAGL Retail means ActewAGL Retail (ABN 46 221 314 841) (the partnership of Icon Retail Investments Limited (ACN 074 371 207) and AGL ACT Retail Investments Pty Ltd (ACN 093 631 586)).

2. Prepayment meter systems—National Energy Retail Law (ACT), s 56 (2)

   The sale of energy to small customers using a prepayment meter system is permitted.

3. Price comparator—National Energy Retail Law (ACT), s 62 (1)

   The National Energy Retail Law (ACT), section 62 (Price comparator) applies in relation to the ACT.

4. AER information gathering powers for pricing guidelines and comparator—National Energy Retail Law (ACT), s 63 (b)

   The National Energy Retail Law (ACT), section 63 (b) (AER information gathering powers for pricing guidelines and comparator) applies in relation to retailers in the ACT.

Part 4Modification of National Energy Retail Rules

1. Modification of National Energy Retail Rules—Act, s 23 (3)

   The National Energy Retail Rules apply in the ACT as modified by schedule 1.

Schedule 1Modification—National Energy Retail Rules

(see s 14)

[1.1]Rule 16 (2) (b)

omit

, unless the customer is a small market offer customer

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACAT

·     ACT

·     business day

·     Minister (see s 162)

·     prescribed.

Note 3Terms used in this regulation have the same meaning that they have in the National Energy Retail Law (ACT) Act 2012 (see Legislation Act, s 148). For example, the following terms are defined in the National Energy Retail Law (ACT) Act 2012, dict:

·     National Energy Retail Law (ACT).

Essential Energy means Essential Energy established under the Energy Services Corporations Act 1995 (NSW), section 7 (Establishment of statutory State owned corporations).

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   National Energy Retail Law (ACT) Regulation 2012 SL2012-29

   notified LR 29 June 2012
   s 1, s 2 commenced 29 June 2012 (LA s 75 (1))
   remainder commenced 1 July 2012 (s 2 and see National Energy Retail Law (ACT) Act 2012 A2012-31, s 2 and CN2012-12)

   as amended by

   Statute Law Amendment Act 2015 A2015‑15 sch 3 pt 3.46

   notified LR 27 May 2015
   s 1, s 2 commenced 27 May 2015 (LA s 75 (1))

   sch 3 pt 3.46 commenced 10 June 2015 (s 2)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Person to whom prescribed local energy retail law does not apply and prescribed NSW energy retail law applies—Act, s 17 (1) (a) and (2) (a)

   s 7(3), (4) exp 1 July 2013 (s 7 (4))

   Local area retailer—National Energy Retail Law (ACT), s 11

   s 10am A2015‑15 amdt 3.149

   Transitional

   pt 5 hdgexp 1 July 2017 (s 18)

   Laws to prevail over access arrangements for gas pipelines

   s 15exp 1 July 2017 (s 18)

   Local area retailer—Origin Energy

   s 16exp 1 July 2017 (s 18)

   Border area arrangements—Essential Energy

   s 17exp 1 July 2017 (s 18)

   Expiry—pt 5

   s 18exp 1 July 2017 (s 18)

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 July 2012	1 July 2012– 1 July 2013	not amended	new regulation
R2 2 July 2013	2 July 2013– 9 June 2015	not amended	expiry of provisions (s 7 (3), (4))
R3 10 June 2015	10 June 2015– 1 July 2017	A2015‑15	amendments by A2015‑15

1. Expired transitional or validating provisions

   This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

   Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

   To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.