National Energy Retail Law (Consequential Amendments) Act 2012 (ACT)
National Energy Retail Law (Consequential Amendments) Act 2012
A2012-32
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2Crimes (Child Sex Offenders) Regulation 2005
4 Dictionary, definition of service bill 3
5 Dictionary, definition of utility service 3
Part 3Electricity Feed-in (Renewable Energy Premium) Act 2008
6 Meaning of eligible entitySection 5F (3), definition of customer contract 4
7 Section 5F (3), definition of occupier 4
8 Feed-in from renewable energy generators to electricity networkSection 6 (1) (b) 4
9 Section 6 (2) (b) 4
10 Section 6 (3) 5
11 Section 7 5
12 Recovery of cost of renewable energy premiumSection 8A (1) 5
13 Determination of premium rateSection 10 5
14 Dictionary, note 2 6
15 Dictionary, definition of electricity supplier 6
16 Dictionary, new definition of NERL retailer 6
17 Dictionary, definition of utility 6
Part 4Electricity (Greenhouse Gas Emissions) Act 2004
18 New section 6A 7
19 Territory greenhouse gas benchmarksSection 7 (1) (c) 8
20 Greenhouse shortfalls may be carried forwardSection 12 (1) 8
21 Section 15 8
22 Application for accreditationSection 24 (1) 9
23 When certificates may be createdSection 32 (1) (b) 9
24 Functions of regulator etc Section 50 (1) (e) 10
25 Conduct of auditsSection 53 (4) 10
26 Obligations under greenhouse gas benchmark rulesSection 62, note 10
27 New part 20 10
28 Dictionary, new definition of AEMO 11
29 Dictionary, definition of licence 11
30 Dictionary, definition of market customer, paragraph (b) 11
31 Dictionary, definition of NEMMCO 11
32 Dictionary, definition of retail supplier 12
33 Dictionary, definition of Utilities Act 12
Part 5Electricity (Greenhouse Gas Emissions) Regulation 2004
34 Default assessmentsSection 17 (2) (a) 13
35 Dictionary, note 3 13
36 Dictionary, note 3 13
Part 6Electricity (National Scheme) Act 1997
37 New parts 3 and 4 14
Part 7Electricity Safety Act 1971
38 Articles to which pt 4 appliesSection 25 (c) 18
39 New section 25 (2) 18
Part 8Energy Efficiency (Cost of Living) Improvement Act 2012
40 DictionarySection 3, note 1 19
41 Working out priority household obligationSection 15 (2) (b), formula 19
42 Section 15 (2) (b), definition of SESO 19
43 Compliance with energy savings obligations—supplier energy savings resultSection 20 (2), formula 20
44 Section 20 (2), definitions of S and SESO 20
45 Dictionary, definition of electricity supplier 20
46 Dictionary, new definitions 20
47 Dictionary, definitions of supplier energy savings result and supplier priority household result 20
48 Dictionary, definition of tier 1 electricity supplier 21
49 Dictionary, definition of tier 2 electricity supplier 21
50 Dictionary, definition of utility 21
51 Further amendments, mentions of electricity supplier etc 21
Part 9Gas Safety Act 2000
52 Section 31 26
53 Dictionary, definition of utility 26
Part 10Independent Competition and Regulatory Commission Act 1997
54 DictionarySection 2, note 1 27
55 FunctionsSection 8 (1) (g) (vii) 27
56 Nature of industry referencesNew section 15 (3A) 27
57 Directions about pricesSection 20 (1) 28
58 Provision of information to commissionNew section 41 (2A) 28
59 Dictionary, note 2 28
60 Dictionary, new definition of energy 28
61 Dictionary, definition of law of the Territory, new paragraphs (f) to (i) 29
62 Dictionary, new definitions 29
63 Dictionary, definitions of utility and utility service 29
Part 11Legislation Act 2001
64 Dictionary, part 1, new definitions 30
Part 12National Gas (ACT) Act 2008
65 Section 18 31
66 New part 5 31
Part 13Second-hand Dealers Regulation 2002
67 Dictionary, definition of service bill 36
68 Dictionary, definition of utility service 36
Part 14Utilities Act 2000
69Offences against Act—application of Criminal Code etc
Section 5A, note 1 3770 Electricity servicesSection 6 (c) 37
71 Gas servicesSection 9 (d) 37
72 CustomersSection 17 (1), definition of franchise customer 37
73 Section 17 (1), definition of non-franchise customer 37
74 Section 18 38
75 ExemptionSection 22, note 1 38
76 Section 27 38
77 Section 28 heading 39
78 Section 28 (1) 39
79 Section 28 (2), definition of national electricity rules 39
80 Special conditions—gas distributionSection 31 (a) 39
81 Section 31 39
82 Energy industry levyPart 3A heading, new note 39
83 Energy industry levy—impositionSection 54C (5), definition of E, paragraph (b) 40
84 Section 54C (5), definition of E, paragraph (d) 40
85 Production of distribution and sales informationSection 54I (2) (c) (ii) 40
86 Section 54I (2) (c) (iv) 40
87 Returns under Taxation Administration ActSection 54M (2) (c) (ii) 41
88 Section 54M (2) (c) (iv) 41
89 New section 54O 41
90 Industry codesPart 4 heading, new note 42
91 ContentsSection 55 (2) (c) 42
92 Section 55 (2) (f) 42
93 ApplicationSection 56 (1) 42
94 New section 56 (1A) 43
95 New section 56A 43
96 Technical regulationPart 5 heading, new note 43
97 New section 64A 44
98 New part 5A 44
99 Section 79 52
100 Sections 80 to 82 52
101 New section 86A 52
102 New section 94A 53
103 Sections 98 and 99 53
104 Capital contribution charges—network developmentNew section 101 (3) 53
105 New section 101 (3) (c) and (d) 54
106 Alternative energy—supply utilities not to discriminateSection 102 54
107 Unauthorised network connectionsNew section 129 (2) 54
108 Unauthorised abstraction etc of electricityNew section 130 (2) 54
109 Unauthorised abstraction etc of gasNew section 131 (2) 55
110 Section 134 55
111 EnforcementPart 10 heading, new note 55
112 Certain causes of action against customerPart 11 heading, new note 55
113 Application—pt 12Section 170, new note 56
114 ACAT applicationsTable 172 heading, new note 56
115 Table 172, item 1, column 3 56
116 Table 172, new item 1A 56
117 Continuity of utility services—nonpayment of customer debtSection 179 (3), note 56
118 Purposes of pt 13 Section 219, new note 57
119 New section 260A 57
120 New part 18 58
121 Dictionary, note 2 60
122 Dictionary, definition of electricity connection service 60
123 Dictionary, definition of electricity supplier 61
124 Dictionary, definition of gas connection service 61
125 Dictionary, definition of gas supplier 61
126 Dictionary, new definitions 61
127 Dictionary, definition of utility service 62
National Energy Retail Law (Consequential Amendments) Act 2012
A2012-32
An Act to amend legislation because of the enactment of the National Energy Retail Law (ACT) Act 2012, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the National Energy Retail Law (Consequential Amendments) Act 2012.
Commencement
(1)This Act (other than sections 81, 104 and 105) commences on the commencement of the National Energy Retail Law (ACT) Act 2012, section 6 (Application of National Energy Retail Law).
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)Section 104 commences on 1 July 2014.
(3)Section 81 and section 105 commence on 1 July 2015.
Legislation amended
This Act amends the following legislation:
· Crimes (Child Sex Offenders) Regulation 2005
· Electricity Feed-in (Renewable Energy Premium) Act 2008
· Electricity (Greenhouse Gas Emissions) Act 2004
· Electricity (Greenhouse Gas Emissions) Regulation 2004
· Electricity (National Scheme) Act 1997
· Electricity Safety Act 1971
· Energy Efficiency (Cost of Living) Improvement Act 2012
· Gas Safety Act 2000
· Independent Competition and Regulatory Commission Act 1997
· Legislation Act 2001
· National Gas (ACT) Act 2008
· Second-hand Dealers Regulation 2002
· Utilities Act 2000.
Part 2Crimes (Child Sex Offenders) Regulation 2005
Dictionary, definition of service bill
omit
for the use of a utility service
substitute
in relation to an electricity, gas, water or sewerage service
Dictionary, definition of utility service
omit
Part 3Electricity Feed-in (Renewable Energy Premium) Act 2008
Meaning of eligible entity
Section 5F (3), definition of customer contractomit
Section 5F (3), definition of occupier
omit
under a customer contract
substitute
by a NERL retailer
Feed-in from renewable energy generators to electricity network
Section 6 (1) (b)substitute
(b)a NERL retailer authorised to supply electricity from the electricity network.
Section 6 (2) (b)
omit
utility that is the electricity supplier to the premises
substitute
NERL retailer that supplies electricity to the eligible entity’s premises
Section 6 (3)
omit
It is a condition of the electricity supplier’s licence that the supplier
substitute
The NERL retailer
Section 7
substitute
Utility service
The action required by a distributor under section 6 (2) is a utility service for the Utilities Act 2000.
NoteThe action required by a NERL retailer under s 6 (3) is a utility service for the Utilities Act 2000, pt 4 (Industry codes) (see that Act, s 75B).
Recovery of cost of renewable energy premium
Section 8A (1)omit
supplier of electricity services
substitute
NERL retailer
Determination of premium rate
Section 10omit
an electricity supplier
substitute
a NERL retailer
Dictionary, note 2
insert
· National Energy Retail Law (ACT)
Dictionary, definition of electricity supplier
omit
Dictionary, new definition of NERL retailer
insert
NERL retailer means a person who holds a retailer authorisation under the National Energy Retail Law (ACT).
Dictionary, definition of utility
omit
Part 4Electricity (Greenhouse Gas Emissions) Act 2004
New section 6A
in part 1, insert
6AApplication of Act—2012
This Act (other than sections 7, 9 (3), 32 and 61) applies in relation to the year 2012 as if—
(a)a reference to a year were a reference to the 6-month period ending on 30 June 2012; and
(b)a reference to 1 March (other than in section 16 (4)) were a reference to 30 September 2012; and
(c)a reference to 1 March in the following year in section 16 (4) and the Electricity (Greenhouse Gas Emissions) Regulation 2004, section 16 (3) were a reference to 30 September 2012; and
(d)a reference to 1 July were a reference to 31 December 2012; and
(e)a reference to the previous calendar year in section 57 (1) were a reference to the 6-month period ending on 30 June 2012; and
(f)any other necessary changes were made.
Territory greenhouse gas benchmarks
Section 7 (1) (c)substitute
(c)for each of the years 2007 to 2011, and for the 6-month period ending on 30 June 2012—7.27 tonnes of carbon dioxide equivalent of greenhouse gas emissions per head of ACT population.
Greenhouse shortfalls may be carried forward
Section 12 (1)omit
(other than the year 2007)
substitute
(other than the years 2007 and 2012)
Section 15
substitute
Directions to certain retail suppliers
(1)This section applies if—
(a)a person, on 30 June 2012, held a licence to provide a utility service mentioned in the Utilities Act 2000, section 6 (c), as in force on that date; and
(b)the ICRC is satisfied that the person will not comply, or is likely to not comply, with—
(i)the person’s greenhouse gas benchmark; or
(ii)this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104).
(2)The ICRC may give a written direction to the person to take action stated in the direction to ensure compliance.
(3)The ICRC may give a direction under this section only if it has taken reasonable steps to consult the person about the giving of the direction.
Application for accreditation
Section 24 (1)after
may apply to the scheme administrator
insert
before 1 July 2012
When certificates may be created
Section 32 (1) (b)substitute
(b)not later than—
(i)6 months after the end of the year when the activity happens; or
(ii)if the activity happens in the 6-month period ending on 30 June 2012—31 August 2012.
Functions of regulator etc
Section 50 (1) (e)substitute
(e)to monitor, and report to the Minister on, the extent to which retail suppliers comply, or fail to comply, with their greenhouse gas benchmarks and this Act;
Conduct of audits
Section 53 (4)omit
A licence or accreditation
substitute
An accreditation
Obligations under greenhouse gas benchmark rules
Section 62, noteomit
New part 20
insert
Part 20Transitional—National Energy Retail Law
Transitional regulations
A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the National Energy Retail Law (ACT) Act 2012 or the National Energy Retail Law (Consequential Amendments) Act 2012.
Expiry—pt 20
This part expires 2 years after the day it commences.
NoteTransitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Dictionary, new definition of AEMO
insert
AEMO means the Australian Energy Market Operator Limited ACN 072 010 327.
Dictionary, definition of licence
omit
Dictionary, definition of market customer, paragraph (b)
omit
NEMMCO
substitute
AEMO
Dictionary, definition of NEMMCO
omit
Dictionary, definition of retail supplier
substitute
retail supplier means—
(a)for the operation of this Act before 1 July 2012—a person who held a licence to provide a utility service mentioned in the Utilities Act 2000, section 6 (c) (Electricity services) at the relevant time; and
(b)for the operation of this Act on and after 1 July 2012—a person who, on 30 June 2012, held a licence to provide a utility service mentioned in the Utilities Act 2000, section 6 (c), as in force on that date.
Dictionary, definition of Utilities Act
omit
Part 5Electricity (Greenhouse Gas Emissions) Regulation 2004
Default assessments
Section 17 (2) (a)omit
NEMMCO
substitute
AEMO
Dictionary, note 3
insert
· AEMO
Dictionary, note 3
omit
· licence
· NEMMCO
Part 6Electricity (National Scheme) Act 1997
New parts 3 and 4
insert
Part 3Miscellaneous
Regulation-making power
The Executive may make regulations that the National Electricity (ACT) Law contemplates be made under this Act.
NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Part 4Transitional—National Energy Retail Law
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)at or after the time that the amendments of the National Electricity (South Australia) Act 1996 (SA) made by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but
(ii)before the time (the application time) that the amendments started to apply under this Act as a territory law; and
(b)had the amendments started so to apply the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law):
(i)the National Electricity (ACT) Law;
(ii)the National Electricity (ACT) Regulation;
(iii)this Act; and
NoteThe Legislation Act, s 104 provides that a reference to an Act includes a reference to the statutory instruments made or in force under the Act.
(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 other publication requirements)—the AER has done anything that would, if the amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.
Example—instrument
guidelines
Examples—decisions
1 appointments
2 determinations
3 approvals
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2)For the authorising law, the instrument or decision—
(a)is taken to be valid; and
(b)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.
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 instrument under 1 of the following laws (the authorising law):
(i)the National Electricity (ACT) Law;
(ii)the National Electricity (ACT) Regulation;
(iii)this Act; and
NoteThe Legislation Act, s 104 provides that a reference to an Act includes a reference to the statutory instruments made or in force under the Act.
(b)the preparatory step would have been required under the authorising law if the amendments of the National Electricity (South Australia) Act 1996 (SA) made by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) had started to apply under this Act as a territory law; and
(c)the AER takes the preparatory step—
(i)at or after the time that the amendments were enacted; but
(ii)before the time that the amendments started to apply under this Act as a territory law.
(2)For the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.
Transitional regulations
(1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of—
(a)the amendments of this Act made by the National Energy Retail Law (Consequential Amendments) Act 2012; or
(b)the amendments of the National Electricity (South Australia) Act 1996 (SA) made by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA); or
(c)the enactment of the National Energy Retail Law (ACT) Act 2012.
(2)A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3)A regulation under subsection (2) has effect despite anything else in this Act or another territory law.
Expiry—pt 4
This part expires 5 years after the day it commences.
NoteTransitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Part 7Electricity Safety Act 1971
Articles to which pt 4 applies
Section 25 (c)omit
retail supplier of electricity
substitute
NERL retailer
New section 25 (2)
insert
(2)In this section:
NERL retailer means a person who holds a retailer authorisation under the National Energy Retail Law (ACT).
Part 8Energy Efficiency (Cost of Living) Improvement Act 2012
Dictionary
Section 3, note 1substitute
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘approved abatement factor—see section 18.’ means that the term ‘approved abatement factor’ is defined in that section.
Working out priority household obligation
Section 15 (2) (b), formulaomit
SESO
substitute
RESO
Section 15 (2) (b), definition of SESO
substitute
RESO means the tier 1 NERL retailer’s energy savings obligation for the compliance period.
Compliance with energy savings obligations—supplier energy savings result
Section 20 (2), formulaomit
SESO
substitute
RESO
Section 20 (2), definitions of S and SESO
substitute
RESO means the retailer’s energy savings obligation.
S means the carried forward surplus.
Dictionary, definition of electricity supplier
omit
Dictionary, new definitions
insert
NERL retailer means a person who holds a retailer authorisation under the National Energy Retail Law (ACT) to sell electricity to premises in the ACT for consumption.
retailer energy savings result—see section 20.
retailer priority household result—see section 21.
Dictionary, definitions of supplier energy savings result and supplier priority household result
omit
Dictionary, definition of tier 1 electricity supplier
omit everything before paragraph (a), substitute
tier 1 NERL retailer means a NERL retailer that—
Dictionary, definition of tier 2 electricity supplier
substitute
tier 2 NERL retailer means a NERL retailer that is not a tier 1 NERL retailer.
Dictionary, definition of utility
omit
Further amendments, mentions of electricity supplier etc
| column 1 item | column 2 provision | column 3 omit | column 4 substitute |
| 1 | section 7 | electricity suppliers | NERL retailers |
| 2 | section 8 | electricity suppliers | NERL retailers |
| 3 | section 8 | supplier’s | retailer’s |
| 4 | section 11 | electricity suppliers | NERL retailers |
| 5 | section 11 | supplier’s | retailer’s |
| 6 | section 13 | An electricity supplier | A NERL retailer |
| 7 | section 13 | the supplier’s | the retailer’s |
| 8 | section 13 | An electricity supplier’s | A NERL retailer’s |
| 9 | section 13 | a supplier | a retailer |
| 10 | section 13, definition of electricity sales | the electricity supplier’s | the NERL retailer’s |
| 11 | section 14 | An electricity supplier | A NERL retailer |
| 12 | section 14 | supplier’s | retailer’s |
| 13 | section 14 | 1 electricity supplier | 1 NERL retailer |
| 14 | section 14 | the supplier | the retailer |
| 15 | section 14 | 2 electricity supplier | 2 NERL retailer |
| 16 | section 15 | electricity supplier | NERL retailer |
| 17 | section 15 | the supplier’s | the retailer’s |
| 18 | section 15 | An electricity supplier’s | A NERL retailer’s |
| 19 | section 15 | a supplier | a retailer |
| 20 | section 16 | electricity supplier | NERL retailer |
| 21 | section 16 | supplier’s | retailer’s |
| 22 | section 16 | the supplier | the retailer |
| 23 | section 17 heading | Supplier | NERL retailer |
| 24 | section 17 | An electricity supplier | A NERL retailer |
| 25 | section 17 | the supplier | the retailer |
| 26 | section 17 | supplier’s | retailer’s |
| 27 | section 18 | An electricity supplier | A NERL retailer |
| 28 | section 18 | supplier’s | retailer’s |
| 29 | section 18 | the supplier | the retailer |
| 30 | section 19 | An electricity supplier | A NERL retailer |
| 31 | section 19 | the supplier’s | the retailer’s |
| 32 | section 19 | the supplier | the retailer |
| 33 | section 19 | 1 electricity supplier | 1 NERL retailer |
| 34 | section 19 | 2 electricity supplier | 2 NERL retailer |
| 35 | section 19 | a supplier | a retailer |
| 36 | section 20 heading | supplier | retailer |
| 37 | section 20 | supplier | retailer |
| 38 | section 20 | an electricity supplier’s | a NERL retailer’s |
| 39 | section 20 | the supplier’s | the retailer’s |
| 40 | section 20 | A supplier | A retailer |
| 41 | section 20 | an electricity supplier | a NERL retailer |
| 42 | section 20 | supplier’s supplier | retailer’s retailer |
| 43 | section 20 | the electricity supplier | the NERL retailer |
| 44 | section 20 | the supplier | the retailer |
| 45 | section 21 heading | supplier | retailer |
| 46 | section 21 | supplier | retailer |
| 47 | section 21 | electricity supplier’s | NERL retailer’s |
| 48 | section 21 | the supplier’s | the retailer’s |
| 49 | section 21 | A supplier | A retailer |
| 50 | section 21 | electricity supplier | NERL retailer |
| 51 | section 21 | supplier’s supplier | retailer’s retailer |
| 52 | section 21 | the supplier | the retailer |
| 53 | section 22 | an electricity supplier’s supplier | a NERL retailer’s retailer |
| 54 | section 22 | the supplier | the retailer |
| 55 | section 22 | 1 electricity supplier’s supplier | 1 NERL retailer’s retailer |
| 56 | section 24 | electricity suppliers | NERL retailers |
| 57 | section 24 | electricity suppliers’ | NERL retailers’ |
| 58 | section 24 | supplier’s | retailer’s |
| 59 | section 26 | An electricity supplier | A NERL retailer |
| 60 | section 26 | supplier’s | retailer’s |
| 61 | section 27 | electricity supplier | NERL retailer |
| 62 | schedule 1, items 1 to 3, column 4 | electricity supplier | NERL retailer |
| 63 | schedule 1, items 2 and 3, column 3 | supplier | retailer |
Part 9Gas Safety Act 2000
Section 31
substitute
Definitions—pt 5
In this part:
NERL retailer means a person who holds a retailer authorisation under the National Energy Retail Law (ACT).
relevant supplier, in relation to a serious gas accident, means—
(a)the NERL retailer that supplies gas to the premises at which the accident occurred; or
(b)the entity licensed to distribute gas for supply to the premises.
Dictionary, definition of utility
omit
Part 10Independent Competition and Regulatory Commission Act 1997
Dictionary
Section 2, note 1substitute
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘industry reference—see section 14A.’ means that the term ‘industry reference’ is defined in that section.
Functions
Section 8 (1) (g) (vii)substitute
(vii)the National Energy Retail Law (ACT) Act 2012;
(viii)the National Energy Retail Law (ACT);
(ix)the National Energy Retail Regulation (ACT);
(x)the national energy retail rules;
(xi)another law of the Territory.
Nature of industry references
New section 15 (3A)substitute
(3A)An industry reference that authorises the commission to make a price direction about maximum prices for the sale of energy to small customers (however described) may state the NERL retailer to whom the direction is to apply.
Directions about prices
Section 20 (1)after
regulated services
insert
to whom the direction applies
Provision of information to commission
New section 41 (2A)insert
(2A)The commission may also require a NERL retailer required to comply with the Utilities Act 2000—
(a)to conduct an audit, in a way approved by the commission, of the NERL retailer’s compliance with that Act; and
(b)to report the results of the audit to the commission.
NoteA reference to an Act includes a reference to a provision of an Act (see Legislation Act, s 7 (3)).
Dictionary, note 2
insert
· National Energy Retail Law (ACT)
· National Energy Retail Regulation (ACT)
Dictionary, new definition of energy
insert
energy—see the National Energy Retail Law (ACT), section 2 (1).
Dictionary, definition of law of the Territory, new paragraphs (f) to (i)
insert
(f)the National Energy Retail Law (ACT) Act 2012; and
(g)the National Energy Retail Law (ACT); and
(h)the National Energy Retail Regulation (ACT); and
(i)the national energy retail rules.
Dictionary, new definitions
insert
national energy retail rules means the National Energy Retail Rules under the National Energy Retail Law (ACT).
NERL retailer means a person who holds a retailer authorisation under the National Energy Retail Law (ACT).
Dictionary, definitions of utility and utility service
substitute
utility means—
(a)a utility within the meaning of the Utilities Act 2000, dictionary; or
(b)a NERL retailer.
utility service means—
(a)a utility service within the meaning of the Utilities Act 2000, dictionary; or
(b)the activity of selling energy to small customers within the meaning of the National Energy Retail Law (ACT).
Part 11Legislation Act 2001
Dictionary, part 1, new definitions
insert
National Energy Retail Law (ACT) means the provisions applying because of the National Energy Retail Law (ACT) Act 2012, section 6 (Application of National Energy Retail Law).
National Energy Retail Regulation (ACT) means the provisions applying because of the National Energy Retail Law (ACT) Act 2012, section 7 (Application of regulations under National Energy Retail Law).
Part 12National Gas (ACT) Act 2008
Section 18
substitute
Regulation-making power
The Executive may make regulations that the National Gas (ACT) Law contemplates be made under this Act.
NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
New part 5
Part 5Transitional—National Energy Retail Law
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)at or after the time that the amendments of the National Gas (South Australia) Act 2008 (SA) made by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) were enacted; but
(ii)before the time (the application time) that the amendments started to apply under this Act as a territory law; and
(b)had the amendments started so to apply the making of the instrument or decision would have been authorised by 1 of the following laws (the authorising law):
(i)the National Gas (ACT) Law;
(ii)the National Gas (ACT) Regulation;
(iii)this Act; and
NoteThe Legislation Act, s 104 provides that a reference to an Act includes a reference to the statutory instruments made or in force under the Act.
(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 other publication requirements)—the AER has done anything that would, if the amendments had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.
Example—instrument
guidelines
Examples—decisions
1 appointments
2 determinations
3 approvals
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2)For the authorising law, the instrument or decision—
(a)is taken to be valid; and
(b)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.
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 instrument under 1 of the following laws (the authorising law):
(i)the National Gas (ACT) Law;
(ii)the National Gas (ACT) Regulation;
(iii)this Act; and
NoteThe Legislation Act, s 104 provides that a reference to an Act includes a reference to the statutory instruments made or in force under the Act.
(b)the preparatory step would have been required under the authorising law if the amendments of the National Gas (South Australia) Act 2008 (SA) made by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) had started to apply under this Act as a territory law; and
(c)the AER takes the preparatory step—
(i)at or after the time that the amendments were enacted; but
(ii)before the time that the amendments started to apply under this Act as a territory law.
(2)For the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.
Access arrangements to pipelines in ACT
(1)If a regulation under section 22 or the National Energy Retail Law (ACT) Act 2012, section 24 (1) (Local instruments for National Energy Retail Law (ACT)) so provides, an applicable consumer law has effect despite the provisions of an access arrangement in relation to a pipeline located in the ACT that was in force under the National Gas (ACT) Law immediately before the commencement of this section.
(2)In this section:
applicable consumer law means—
(a)a regulation mentioned in subsection (1); or
(b)the National Gas (ACT) Law; or
NoteA reference to the National Gas (ACT) Law includes a reference to the statutory instruments made or in force under that Law, including the National Gas (ACT) Regulation and the National Gas Rules (see National Gas (ACT) Act 2008, s 8 (2) and Legislation Act, s 104).
(c)the National Energy Retail Law (ACT).
NoteA reference to the National Energy Retail Law (ACT) includes a reference to the statutory instruments made or in force under that Law, including the National Energy Retail Regulation (ACT) and the National Energy Retail Rules (see National Energy Retail Law (ACT) Act 2012, s 9 (2) and Legislation Act, s 104).
Transitional regulations
(1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of—
(a)the amendments of this Act made by the National Energy Retail Law (Consequential Amendments) Act 2012; or
(b)the amendments of the National Gas (South Australia) Act 2008 (SA) made by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA); or
(c)the enactment of the National Energy Retail Law (ACT) Act 2012.
(2)A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3)A regulation under subsection (2) has effect despite anything else in this Act or another territory law.
Expiry—pt 5
This part expires 5 years after the day it commences.
NoteTransitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Part 13Second-hand Dealers Regulation 2002
Dictionary, definition of service bill
omit
for the use of a utility service
substitute
in relation to an electricity, gas, water or sewerage service
Dictionary, definition of utility service
omit
Part 14Utilities Act 2000
Offences against Act—application of Criminal Code etc
Section 5A, note 1insert
· s 75H (Offence—contravention of code or s 75E)
· s 75J (Offence—contravention of direction)
· s 75K (Offence—contravention of s 75F)
Electricity services
Section 6 (c)omit
Gas services
Section 9 (d)omit
Customers
Section 17 (1), definition of franchise customeromit
electricity, gas or
Section 17 (1), definition of non-franchise customer
substitute
non-franchise customer, for the supply of water to premises, means a person who has that status because of a declaration under section 18.
Section 18
substitute
Declaration of non-franchise customers
(1)The Minister may declare a person to be a non-franchise customer in relation to the supply of water to premises.
NotePower to make a statutory instrument (including a declaration) includes power to make different provision for different categories (see Legislation Act, s 48).
(2)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Exemption
Section 22, note 1omit
Section 27
substitute
Special conditions—water supply services
A licence to supply water is, in addition to the conditions mentioned in section 25, subject to the following conditions:
(a)that the utility supply only customers of the kind to which the licence relates;
(b)if the licence is for supply to franchise customers—that the water is supplied in accordance with the terms of the utility’s standard customer contract for the supply (except to the extent that the customer and utility agree to other terms).
Section 28 heading
substitute
Special conditions—electricity distribution
Section 28 (1)
substitute
(1)A licence to distribute electricity is, in addition to the conditions mentioned in section 25, subject to the condition that the utility comply with each applicable determination made by ICRC as the jurisdictional regulator under the national electricity rules.
Section 28 (2), definition of national electricity rules
omit
Special conditions—gas distribution
Section 31 (a)omit
a gas supplier
substitute
a NERL retailer
Section 31
omit
Energy industry levy
Part 3A heading, new noteinsert
Note 2This part applies to NERL retailers (see s 75B).
Energy industry levy—imposition
Section 54C (5), definition of E, paragraph (b)substitute
(b)for a NERL retailer that supplies electricity—the total number of megawatt hours of electricity sold by the retailer in the ACT in the previous year; and
Section 54C (5), definition of E, paragraph (d)
substitute
(d)for a NERL retailer that supplies gas—the total number of megajoules of gas sold by the retailer in the ACT in the previous year.
Production of distribution and sales information
Section 54I (2) (c) (ii)substitute
(ii)for a NERL retailer that supplies electricity—the total number of megawatt hours of electricity sold by the retailer in the ACT in the previous year; and
Section 54I (2) (c) (iv)
substitute
(iv)for a NERL retailer that supplies gas—the total number of megajoules of gas sold by the retailer in the ACT in the previous year; and
Returns under Taxation Administration Act
Section 54M (2) (c) (ii)substitute
(ii)for a NERL retailer that supplies electricity—the total number of megawatt hours of electricity sold by the retailer in the ACT in the previous year; and
Section 54M (2) (c) (iv)
substitute
(iv)for a NERL retailer that supplies gas—the total number of megajoules of gas sold by the retailer in the ACT in the previous year; and
New section 54O
in part 3, insert
54OPreviously-licensed NERL retailer
(1)This section applies if—
(a)an entity that supplies electricity or gas was licensed under this Act immediately before 1 July 2012; and
(b)the entity (however described) is a NERL retailer on 1 July 2012.
(2)For the levy year 1 July 2012 to 30 June 2013, the NERL retailer is taken to have provided an energy utility service in the year 1 July 2011 to 30 June 2012.
(3)In this section:
supply—
(a)electricity means supply electricity from an electricity network to premises for consumption; or
(b)gas means supply gas from a gas distribution network to premises for consumption.
(4)This section expires on 1 July 2013.
Industry codes
Part 4 heading, new noteinsert
NoteThis part applies to NERL retailers (see s 75B).
Contents
Section 55 (2) (c)substitute
(c)a GSL scheme within the meaning of the National Energy Retail Law (ACT);
(ca)other utility service standards;
Section 55 (2) (f)
omit
and on a last resort basis
Application
Section 56 (1)after
a utility
insert
(other than a NERL retailer)
New section 56 (1A)
insert
(1A)For this Act, an industry code applies to a NERL retailer if a determination under section 56A provides that it applies to the retailer.
New section 56A
insert
56ANERL retailers—determination of application of code
(1)The ICRC may determine that an industry code applies to a NERL retailer if the ICRC is satisfied on reasonable grounds that it is appropriate for the code to apply to the retailer.
NotePower to make a statutory instrument (including a disallowable instrument) includes power to make different provision for different categories (see Legislation Act, s 48).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Technical regulation
Part 5 heading, new noteinsert
NoteThis part applies to NERL retailers and NERL exempt sellers (see s 75B and s 75C).
New section 64A
insert
64ANERL retailers and NERL exempt sellers—determination of application of code
(1)The Minister may determine that a technical code applies to a NERL retailer or NERL exempt seller if the Minister is satisfied on reasonable grounds that it is appropriate for the code to apply to the retailer or seller.
NotePower to make a statutory instrument (including a disallowable instrument) includes power to make different provision for different categories (see Legislation Act, s 48).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
New part 5A
insert
Part 5ANERL retailers and NERL exempt sellers
Division 5A.1 Preliminary
Meaning of NERL retailer
In this Act:
NERL retailer means a person who holds a retailer authorisation under the National Energy Retail Law (ACT).
75AMeaning of NERL exempt seller
(1)In this Act:
NERL exempt seller means a person who is exempted by the AER under the National Energy Retail Law (ACT) from the requirement to hold a retailer authorisation.
(2)In this section:
AER means the Australian Energy Regulator established under the Competition and Consumer Act 2010 (Cwlth), section 44AE (Establishment of the AER).
75BApplication of Act to NERL retailers
(1)The relevant parts of this Act apply in relation to a NERL retailer as if—
(a)a reference to a utility were a reference to a NERL retailer; and
(b)for the relevant parts of this Act other than part 4 (Industry codes)—a reference to a utility service were a reference to the activity of selling electricity or gas to a person for premises; and
(c)for part 4—a reference to a utility service were a reference to the activity of selling electricity or gas to a person for premises, and included the action required by a NERL retailer under the Electricity Feed-in (Renewable Energy Premium) Act 2008, section 6 (3) (Feed-in from renewable energy generators to electricity network); and
(d)a reference to a customer were a reference to a customer under the National Energy Retail Law (ACT); and
(e)any other necessary changes were made.
(2)In this section:
relevant parts, of this Act, mean the following:
(a)part 3A (Energy industry levy);
(b)part 4 (Industry codes);
(c)part 5 (Technical regulation);
(d)part 10 (Enforcement);
(e)part 11 (Certain causes of action against customer);
(f)part 12 (Complaints to ACAT about utilities);
(g)part 13 (Community service obligations).
75CApplication of Act to NERL exempt sellers
(1)The relevant parts of this Act apply in relation to a NERL exempt seller as if—
(a)a reference to a utility were a reference to a NERL exempt seller; and
(b)a reference to a utility service were a reference to the activity of selling electricity or gas to a person for premises; and
(c)a reference to a customer were a reference to a customer under the National Energy Retail Law (ACT); and
(d)any other necessary changes were made.
(2)In this section:
relevant parts, of this Act, mean the following:
(a)part 5 (Technical regulation);
(b)part 10 (Enforcement);
(c)part 11 (Certain causes of action against customer);
(d)part 12 (Complaints to ACAT about utilities).
75DInconsistency between Act and NERL
(1)The National Energy Retail Law (ACT) prevails if there is an inconsistency between this Act in its application to a NERL retailer or NERL exempt seller and that Law.
Note 1A reference to the National Energy Retail Law (ACT) includes a reference to the statutory instruments made or in force under that Law, including the National Energy Retail Regulation (ACT) and the national energy retail rules (see National Energy Retail Law (ACT) Act 2012, s 9 (2) and Legislation Act, s 104).
Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2)This Act is taken to be consistent with that Law to the extent that it is capable of operating concurrently with that Law.
Division 5A.2 NERL retailer obligations
Subdivision 5A.2.1 Greenpower
75EGreenpower obligations—general
(1)A NERL retailer must—
(a)first offer a greenpower product to a person who proposes to purchase electricity for premises from the retailer; and
(b)have a greenpower product available for purchase by its customers to whom it sells or supplies electricity.
(2)Subsection (1) (a) does not apply to a NERL retailer in relation to—
(a)a person for whom the retailer is acting as designated RoLR in relation to a RoLR event under the National Energy Retail Law (ACT); or
(b)a person who is a move-in customer or carry-over customer; or
(c)a transaction with a person if the retailer must obtain the person’s explicit informed consent for the transaction under the National Energy Retail Law (ACT), section 38 (Requirement for explicit informed consent for certain transactions).
(3)If a small customer stops, or proposes to stop, purchasing a greenpower product from a NERL retailer, the retailer must not impose a charge (however described) on the small customer in relation to the cessation.
(4)In this section:
carry-over customer—see the National Energy Retail Law (ACT), section 2 (1).
customer—see the National Energy Retail Law (ACT), section 5.
designated RoLR—see the National Energy Retail Law (ACT), section 122.
greenpower product—see the National GreenPower Accreditation Program: Program Rules, Appendix C (Definition of Terms), made by the National GreenPower Steering Group, as in force from time to time.
NoteThe National GreenPower Accreditation Program: Program Rules are accessible at customer—see the National Energy Retail Law (ACT), section 2 (1).
RoLR event, in relation to a retailer—see the National Energy Retail Law (ACT), section 122.
small customer—see the National Energy Retail Law (ACT), section 5.
75FGreenpower obligations—information on bills
(1)If a customer purchases a greenpower product from a NERL retailer, the retailer must include greenpower information on each bill issued by the retailer to the customer.
(2)However, subsection (1) does not apply if the information is not reasonably available to the retailer.
(3)In this section:
customer—see the National Energy Retail Law (ACT), section 5 (Meaning of customer and associated terms).
greenpower information, in relation to a customer, means information about the amount of electricity (stated as a percentage or otherwise) used or purchased by the customer that relates to the customer’s greenpower product.
greenpower product—see section 75E (4).
NoteSee the national energy retail rules, r 25 (Contents of bills (SRC and MRC)).
75GExemption from greenpower obligations
(1)The Minister may exempt a NERL retailer from having to comply with section 75E (Greenpower obligations—general) or section 75F (Greenpower obligations—information on bills) if the Minister is satisfied on reasonable grounds that the exemption is in the public interest.
NotePower to make a statutory instrument (including a disallowable instrument) includes power to make different provision for different categories (see Legislation Act, s 48).
(2)An exemption is subject to compliance with any condition stated in the exemption.
(3)An exemption is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Subdivision 5A.2.2 Enforcement
75HOffence—contravention of code or s 75E
(1)A NERL retailer commits an offence if the retailer contravenes—
(a)an industry code or technical code that applies to the retailer; or
(b)section 75E (Greenpower obligations—general).
Maximum penalty: 3000 penalty units.
(2)A NERL retailer who contravenes subsection (1) commits a separate offence for each day (after the first day of the contravention) during any part of which the contravention continues.
Maximum penalty (for each day): 600 penalty units.
(3)This section does not apply to a NERL retailer if the retailer has a reasonable excuse for the contravention.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
75IDirections about code or s 75E
(1)This section applies if the ICRC is satisfied that a NERL retailer has contravened, or is likely to contravene—
(a)an industry code that applies to the retailer; or
(b)section 75E (Greenpower obligations—general).
(2)The ICRC may give a written direction to the retailer to take action stated in the direction to ensure compliance with the code or section 75E, including action—
(a)to rectify the contravention; or
(b)to avoid the likely contravention.
(3)The ICRC may give a direction under this section only if it has taken reasonable steps to consult the retailer about the giving of the direction.
75JOffence—contravention of direction
(1)A NERL retailer commits an offence if the retailer contravenes a direction under section 75I.
Maximum penalty: 2 000 penalty units.
(2)A NERL retailer who contravenes subsection (1) commits a separate offence for each day (after the first day of the contravention) during any part of which the contravention continues.
Maximum penalty (for each day): 200 penalty units.
(3)This section does not apply to a NERL retailer if the retailer has a reasonable excuse for the contravention.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
75KOffence—contravention of s 75F
(1)A NERL retailer commits an offence if the retailer contravenes section 75F (Greenpower obligations—information on bills).
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Section 79
substitute
Electricity connection service
(1)This section applies if a person has applied to an electricity distributor for a connection service for electricity for the person’s premises.
(2)The person may elect to have an accredited person other than the distributor do work in relation to the connection service.
(3)However, this section does not apply until a date determined by the Minister.
(4)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(5)In this section:
accredited person, in relation to work, means a person accredited under a technical code to do the work.
Sections 80 to 82
omit
New section 86A
in division 6.2, insert
86AMeaning of utility service—div 6.2
In this division:
utility service does not include a utility service in relation to electricity or gas.
New section 94A
in division 6.3, insert
94AApplication—div 6.3
(1)This division does not apply to a utility service in relation to electricity or gas.
(2)However, section 95 (2) and (3) applies to a feed-in contract (whether entered into before or after the commencement day) on and after the commencement day as if—
(a)a reference to a utility were a reference to a NERL retailer; and
(b)subsection (2) (a) were omitted.
(3)In this section:
commencement day means the commencement of the National Energy Retail Law (ACT) Act 2012, section 6 (Application of National Energy Retail Law).
feed-in contract means a contract relating to action required under the Electricity Feed-in (Renewable Energy Premium) Act 2008, section 6 (2) or (3).
Sections 98 and 99
omit
Capital contribution charges—network development
New section 101 (3)insert
(3)This section does not apply to—
(a)a utility service in relation to electricity; or
(b)an electricity network.
New section 101 (3) (c) and (d)
insert
(c)a utility service in relation to gas; or
(d)a gas network.
Alternative energy—supply utilities not to discriminate
Section 102omit
Unauthorised network connections
New section 129 (2)insert
(2)In this section:
responsible utility includes a NERL retailer.
Unauthorised abstraction etc of electricity
New section 130 (2)insert
(2)In this section:
customer contract includes a customer retail contract or customer connection contract under the National Energy Retail Law (ACT).
responsible utility includes a NERL retailer.
Unauthorised abstraction etc of gas
New section 131 (2)insert
(2)In this section:
customer contract includes a customer retail contract or customer connection contract under the National Energy Retail Law (ACT).
responsible utility includes a NERL retailer.
Section 134
substitute
Meaning of utility—pt 9
(1)In this part:
utility includes a former utility.
(2)In this section:
former utility does not include a NERL retailer.
Enforcement
Part 10 heading, new noteinsert
NoteThis part applies to NERL retailers and NERL exempt sellers (see s 75B and s 75C).
Certain causes of action against customer
Part 11 heading, new noteinsert
NoteThis part applies to NERL retailers (see s 75B).
Application—pt 12
Section 170, new noteinsert
NoteThis part applies to NERL retailers and NERL exempt sellers (see s 75B and s 75C).
ACAT applications
Table 172 heading, new noteinsert
NoteItems 3 to 5 do not apply to NERL retailers (see s 75B).
Table 172, item 1, column 3
substitute
contravention of customer contract, or customer retail contract or customer connection contract made under the National Energy Retail Law (ACT), by a utility
Table 172, new item 1A
insert
1A consumer affected by contravention contravention of an industry code dealing with utility service standards by a utility
Continuity of utility services—nonpayment of customer debt
Section 179 (3), notesubstitute
Note 1See the national energy retail rules, pt 6 (De-energisation (or disconnection) of premises—small customers).
Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Purposes of pt 13
Section 219, new noteinsert
Note 1This part applies to NERL retailers (see s 75).
New section 260A
insert
260AReminder notices and disconnection warning notices—ACAT direction
(1)The ACAT may give a written direction to a NERL retailer or NERL distributor to include stated particulars in the retailer’s reminder notice or disconnection warning notice or the distributor’s disconnection warning notice.
(2)In this section:
disconnection warning notice—see the national energy retail rules, rule 110 (1) (Nature of disconnection warning notices).
NoteThe national energy retail rules, r 110 (Disconnection warning notices—retailers and distributors) sets out the particulars to be included in disconnection warning notices.
NERL distributor means a distributor under the National Energy Retail Law (ACT).
reminder notice—see the national energy retail rules, rule 109 (1) (Nature of reminder notices).
NoteThe national energy retail rules, r 109 (Reminder notices—retailers) sets out the particulars to be included in reminder notices.
New part 18
insert
Part 18Transitional—National Energy Retail Law
Meaning of commencement day—pt 18
In this part:
commencement day means the day the National Energy Retail Law (ACT)Act 2012, section 6 (Application of National Energy Retail Law) commences.
Licences
(1)To remove any doubt, on the commencement day, a licence held by a person for the provision of a previous utility service is revoked.
(2)In this section:
previous utility service means—
(a)the supply of electricity from an electricity network to premises for consumption; or
(b)the supply of gas from a gas distribution network to premises for consumption.
Existing retailer of last resort
(1)This section applies if, immediately before the commencement day—
(a)a condition of a NERL retailer’s licence under this Act was that the retailer must provide retailer of last resort services if required; and
(b)the retailer sells or supplies electricity to a person in accordance with that obligation because of a trigger event; and
(c)the retailer’s obligation has not ended.
(2)On and after the commencement day—
(a)the trigger event is taken to be a RoLR event; and
(b)the retailer is taken to be the designated RoLR in relation to that event.
(3)In this section:
designated RoLR—see the National Energy Retail Law (ACT), section 122.
RoLR event, in relation to a retailer—see the National Energy Retail Law (ACT), section 122.
trigger event, in relation to a person, means an event that resulted in an electricity supplier ceasing (permanently or temporarily) to be lawfully able to sell or supply electricity to the person’s premises.
Certain electricity services and gas services
(1)Despite the omission of section 6 (c) and section 9 (d) by the National Energy Retail Law (Consequential Amendments) Act 2012, this Act continues to apply until 31 December 2013 to a utility service mentioned in those provisions.
(2)However, subsection (1) does not apply to a utility service that is the sale of energy to a person for premises within the meaning of the National Energy Retail Law (ACT).
Transitional regulations
(1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the National Energy Retail Law (ACT) Act 2012 or the National Energy Retail Law (Consequential Amendments) Act 2012.
(2)A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3)A regulation under subsection (2) has effect despite anything else in this Act or another territory law.
Expiry—pt 18
(1)This part (other than section 405) expires 5 years after the day it commences.
(2)Section 405 expires on 31 December 2013.
NoteTransitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Dictionary, note 2
insert
· National Energy Retail Law (ACT)
Dictionary, definition of electricity connection service
substitute
electricity connection service means a connection service within the meaning of the national electricity rules, chapter 5A (Electricity connection for retail customers).
Dictionary, definition of electricity supplier
omit
Dictionary, definition of gas connection service
substitute
gas connection service means a connection service within the meaning of the national gas rules, part 12A (Gas connection for retail customers).
Dictionary, definition of gas supplier
omit
Dictionary, new definitions
insert
national electricity rules means the National Electricity Rules under the National Electricity (ACT) Law.
national energy retail rules means the National Energy Retail Rules under the National Energy Retail Law (ACT).
national gas rules means the National Gas Rules under the National Gas (ACT) Law.
NERL exempt seller—see section 75A.
NERL retailer—see section 75.
Dictionary, definition of utility service
substitute
utility service—
(a)for this Act generally—
(i)in relation to electricity—see section 6 (Electricity services); and
(ii)in relation to gas—see section 9 (Gas services); and
(iii)in relation to water—see section 11 (Water services); and
(iv)in relation to sewerage—see section 13 (Sewerage services); and
(v)includes a service prescribed to be a utility service under section 15 (Prescribed utility services); and
(b)for division 6.2 (Standard customer contracts)—see section 86A.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 10 May 2012.
Notification
Notified under the Legislation Act on 14 June 2012.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the National Energy Retail Law (Consequential Amendments) Bill 2012, which was passed by the Legislative Assembly on 6 June 2012.
Clerk of the Legislative Assembly
© Australian Capital Territory 2012
0
0
0