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

26Application 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
175Corporations 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

This Act will come into operation on a day to be fixed by proclamation.
Section 27(6) of the Legislation Interpretation Act 2021 does not apply to this Act or a provision of this Act.

3—Interpretation

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.
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.
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.
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

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.
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.
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

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).

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

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.
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

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.
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

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.
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.
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

The Legislative Instruments Act 1978 does not apply to a regulation made by the Governor under the National Energy Retail Law.
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

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

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.
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

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).

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.
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).

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.
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.
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).
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

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.

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

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

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).

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).
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

A retailer may impose a fee for late payment of a bill for a customer retail service.
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.

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

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.
A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.
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.
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

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.

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.
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

The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Part.
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.
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.
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

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.
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.
The Commission must prepare a report on the outcome of the review and provide a copy of the report to the Minister.
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.
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

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.
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.
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

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.
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

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.
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.
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.
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).
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

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.
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).
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).
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.
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).
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).
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).
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

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.
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)).
This section does not apply if the distributor does not become a NERL entity on the relevant day.
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

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.
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).
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).
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.

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).
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).
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).
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

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)).
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).
This section does not apply if the distributor does not become a NERL entity on the relevant day.

39—Complaints and dispute resolution

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).
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

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).
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.
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

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.
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.
A regulation under subsection (2) may only apply to or in relation to a relevant entity.
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.
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.
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 Energy Retail Law
Part 1—Preliminary
Division 1—Citation and interpretation
1—Citation
This Law may be cited as the National Energy Retail Law.
2—Interpretation

In this Law—
AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;
AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);
AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth;
AER Exempt Selling Guidelines—see section 118;
AER exempt selling regulatory function or power means a function or power performed or exercised by the AER under Division 6 or 7 of Part 5 and the Rules relating to exemptions from the requirement to hold a retailer authorisation, including (but not limited to) the following:
(a)a decision whether to grant, vary or revoke an individual exemption;
(b)a decision whether to impose, vary or revoke conditions on an individual exemption;
(c)a decision whether to make, vary or revoke a determination specifying deemed exemptions or registrable exemptions, including any associated conditions;
(d)a decision to make or vary the AER Exempt Selling Guidelines;
AER regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules that relates to—
(a)the AER performance regime under Division 2 of Part 12;
(b)a retailer authorisation under Part 5;
(c)an AER exempt selling regulatory function or power;
(d)the AER Retail Pricing Information Guidelines and price comparator;
(e)approval of deemed AER approved standard connection contracts under Division 5 of Part 3;
(f)the RoLR scheme under Part 6;
(g)the AER trial waiver functions under Part 5A;
AER Retail Pricing Information Guidelines—see section 61;
AER Retailer Authorisation Guidelines—see section 117;
annual turnover has the same meaning as in section 2(1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth;
application Act means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law;
associate of a retailer or distributor includes—
(a)an employee or agent of the retailer or distributor; and
(b)a person contracted by the retailer or distributor; and
(c)a person who receives or is contracted to receive commissions from the retailer or distributor;
business customer means a customer who is not a residential customer;
business day means a day that is not:
(a)a Saturday or Sunday; or
(b)observed as a public holiday on the same day in each of the participating jurisdictions (except the Commonwealth);
business premises means premises of a business customer, other than premises used solely or principally for personal, household or domestic use;
carry-over customer means a small customer who continues consuming energy at premises after the customer's previously current customer retail contract expires or terminates—
(a)without provision in that contract for the terms and conditions to apply after expiry or termination for the continued provision of those services; and
(b)without applying to a retailer for the provision (after that expiry or termination) of those services;
Centrepay means the voluntary direct deduction facility operated by Centrelink;
civil monetary liability means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings, but does not include—
(a)a liability for a civil penalty; or
(b)an infringement penalty under provisions applied by this Law; or
(c)a liability for the costs of a proceeding;
civil penalty—see section 4A;
civil penalty provision has the meaning given by section 4(1);
Commonwealth Minister means the Minister of the Commonwealth administering the Australian Energy Market Act 2004 of the Commonwealth;
conduct provision has the meaning given by section 4(2);
connection means a physical link between a distribution system and a customer's premises to allow the flow of energy;
connection alteration means an alteration to an existing connection, including an addition, upgrade, extension, expansion, augmentation or any other kind of alteration;
Court means—
(a)where this Law applies as a law of the Commonwealth, the Federal Court;
(b)where this Law applies as a law of a participating jurisdiction that is a State or a Territory, the Supreme Court of that jurisdiction;
covered gas has the same meaning as in the NGL;
customer—see section 5;
customer connection contract means a contract between a distributor and a customer of the kind referred to in section 67;
customer connection service for premises means any or all of the following:
(a)a service relating to a new connection for the premises;
(b)a service relating to a connection alteration for the premises;
(c)a supply service for the premises, including (but not limited to) the energisation, de‑energisation or re‑energisation of the premises;
(d)a service prescribed by the Rules as a customer connection service for the purposes of this definition;
customer hardship policy means a customer hardship policy approved under Division 6 of Part 2;
customer retail contract means a contract between a small customer and a retailer of a kind referred to in section 20 for the provision of customer retail services for particular premises;
customer retail service means the sale of energy by a retailer to a customer at premises;
declared wholesale gas market has the same meaning as in the NGL;
de-energisation or disconnection of premises means—
(a)in the case of electricity—the opening of a connection; or
(b)in the case of gas—the closing of a connection,
in order to prevent the flow of energy to the premises;
deemed AER approved standard connection contract means a customer connection contract that is taken to be entered into under section 76;
deemed customer retail arrangement—see section 54;
deemed standard connection contract means a customer connection contract that is taken to be entered into under section 70;
delivery point identifier means the meter installation identification as defined under the relevant Retail Market Procedures within the meaning of the NGL and made under the NGR;
designated retailer for a small customer's premises means—
(a)in a case where there is no existing connection—the local area retailer for the relevant geographical area, premises or customer (see section 11(3)); or
(b)in a case where there is an existing connection (including where a connection alteration to an existing connection is required)—the financially responsible retailer for the premises;
disconnection—see the definition of de‑energisation;
distribution system means—
(a)for a distributor who is a regulated distribution system operator within the meaning of the NEL—a distribution system within the meaning of the NEL; or
(b)for a distributor who is a service provider within the meaning of the NGL who owns, operates or controls a distribution pipeline that is a scheme pipeline under that law—a distribution pipeline within the meaning of the NGL; or
(c)for a nominated distributor under section 12—the nominated distribution system that is specified under that section;
distributor means—
(a)a regulated distribution system operator within the meaning of the NEL; or
(b)a service provider within the meaning of the NGL who owns, operates or controls a distribution pipeline that is a scheme pipeline under that Law; or
(c)a nominated distributor, to the extent provided by section 12;
distributor service standards means service standards imposed on distributors by or under energy laws, including, for example, service standards relating to the following:
(a)the frequency and duration of supply interruptions;
(b)the timely notice of planned interruptions;
(c)the quality of supply (excluding frequency) for electricity (including voltage variations);
(d)wrongful de‑energisation;
(e)timeframes for de‑energisation and re‑energisation;
(f)being on time for appointments;
(g)response times for fault calls;
(h)the provision of fault information;
energisation of premises means—
(a)in the case of electricity—the closing of a connection; or
(b)in the case of gas—the opening of a connection,
in order to allow the flow of energy to the premises;
energy means electricity or gas or both;
energy laws includes—
(a)national energy legislation; and
(b)jurisdictional energy legislation; and
(c)the Rules, the NER and the NGR; and
(d)instruments made under this Law, the Rules, the NER and the NGR (including the Retail Market Procedures);
energy marketing activity means an activity that is carried on to market, advertise or promote—
(a)customer connection services; or
(b)customer retail services; or
(c)a supplier or prospective supplier of customer connection services or customer retail services,
to a small customer;
energy ombudsman means a body or person prescribed by the National Regulations as an energy ombudsman;
Energy Security Board means the Energy Security Board referred to in section 2(1) of the NEL;
entry criteria (in relation to retailer authorisations)—see section 90;
exempt seller means a person who is exempted by the AER under Division 6 of Part 5 from the requirement to hold a retailer authorisation;
explicit informed consent—see section 39;
financially responsible retailer for premises means—
(a)in the case of electricity—the retailer who is the financially responsible Market Participant responsible for the premises under the NER; or
(b)in the case of gas—the retailer who is responsible for settling the account for gas withdrawn from the delivery point (however described) associated with the premises under the relevant Retail Market Procedures;
gas means the following:
(a)natural gas;
(b)a natural gas equivalent;
(c)a prescribed covered gas;
GSL scheme means a scheme set out in energy laws under which there are distributor service standards to which an associated payment (a Guaranteed Service Level payment or GSL payment) is payable by a distributor to the customer where the distributor fails to meet the service standard;
hardship customer means a residential customer of a retailer who is identified as a customer experiencing financial payment difficulties due to hardship in accordance with the retailer's customer hardship policy;
hardship program indicators means the hardship program indicators under section 287;
initial National Energy Retail Rules means the Initial National Energy Retail Rules made under Part 10 Division 3;
innovative trial principles—see section 13A;
jurisdictional energy legislation means legislation of a participating jurisdiction (other than national energy legislation), or any instrument made or issued under or for the purposes of that legislation, that regulates energy in that jurisdiction;
jurisdictional gas legislation has the same meaning as in the NGL;
jurisdictional regulator means a body or person that is prescribed by the National Regulations as a jurisdictional regulator;
large customer—see section 5;
life support equipment means life support equipment of a kind or kinds defined in the Rules;
local area retailer means a retailer nominated under section 11;
local instrument means a regulation, rule, order, declaration or other instrument made under an application Act, but does not include the National Regulations;
Note—
See also subsection (6).
lower consumption threshold—see sections 5 and 6;
Note—
Provisions for determining and reviewing the consumption thresholds are contained in the National Regulations. Provisions for applying the thresholds are contained in the Rules.
market offer means an offer by a retailer to a small customer to provide customer retail services under a market retail contract;
market offer prices means the tariffs and charges that a retailer charges a small customer for or in connection with the sale of energy to a small customer under a market retail contract;
market retail contract means a customer retail contract referred to in section 33;
MCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows:
(a)1 Minister from the Commonwealth;
(b)1 Minister from each State (totalling 6 Ministers);
(c)1 Minister from each Territory (totalling 2 Ministers),
acting in accordance with its own procedures;
MCE directed review means a review conducted by the AEMC under Division 4 of Part 9;
MCE statement of policy principles means a statement of policy principles issued by the MCE under section 14;
meter identifier means—
(a)in the case of electricity—the NMI; or
(b)in the case of gas—the MIRN or the delivery point identifier;
Minister of a participating jurisdiction—see section 10;
MIRN means the meter installation registration number as defined under the relevant gas Retail Market Procedures;
move-in customer means a small customer who starts consuming energy at premises without first applying to a retailer for the provision of customer retail services;
national energy legislation means—
(a)the national energy retail legislation; and
(b)the national electricity legislation as defined in the NEL; and
(c)the national gas legislation as defined in the NGL;
national energy retail legislation means—
(a)this Law as applying, by the application Act of a participating jurisdiction, as a law of that jurisdiction; and
(b)the National Regulations; and
(c)the application Act of a participating jurisdiction; and
(d)the local instruments of a participating jurisdiction;
national energy retail objective means the objective set out in section 13;
National Energy Retail Regulations or National Regulations means the Regulations made under Part 11;
National Energy Retail Rules or Rules means—
(a)the initial National Energy Retail Rules; and
(ab)Rules made under Part 10 Division 3 Subdivision 2; and
(b)Rules made by the AEMC under this Law, including Rules that amend or revoke—
(i)the initial National Energy Retail Rules or Rules made under Part 10 Division 3 Subdivision 2; or
(ii)Rules made by it;
natural gas has the same meaning as in the NGL;
natural gas equivalent—see section 2A;
negotiated connection contract means a customer connection contract that is entered into in accordance with section 78;
NEL means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia;
NER means the National Electricity Rules as in force from time to time under the NEL;
network charges means charges that a distributor is entitled to charge for customer connection services—
(a)for gas, under the distributor's access arrangement and Parts 12 and 12A of the NGR; and
(b)for electricity, under Chapters 5A and 6 of the NER;
new connection means a connection established or to be established, in accordance with energy laws, where there is no existing connection;
NGL means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia;
NGR means the National Gas Rules as in force from time to time under Chapter 9 of the NGL;
NMI means a national metering identifier as defined in the NER;
nominated distributor—see section 12;
offence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court;
participating jurisdiction means a jurisdiction that is a participating jurisdiction by reason of section 9;
payment plan means a plan for—
(a)a hardship customer; or
(b)a residential customer who is not a hardship customer but who is experiencing payment difficulties,
to pay a retailer, by periodic instalments in accordance with the Rules, any amounts payable by the customer for the sale and supply of energy;
prepayment meter market retail contract means a market retail contract in respect of particular premises to which energy is supplied using a prepayment meter system;
prepayment meter system means a device, componentry, software or other mechanism that operates to permit the flow of energy through a meter after prepayment and when activated by a card, code or some other method;
prescribed covered gas means a covered gas, other than natural gas, prescribed for this definition by the National Regulations that has not, for a participating jurisdiction, been excluded by a local instrument of the jurisdiction;
price comparator—see section 62;
Public Register of Authorised Retailers and Exempt Sellers—see section 119;
reconnection—see the definition of re‑energisation;
re‑energisation or reconnection of premises means the energisation of the premises after their de‑energisation;
regulated entity means—
(a)a retailer; or
(b)a distributor; or
(c)any other person identified in the Rules as a regulated entity;
residential customer means a customer who purchases energy principally for personal, household or domestic use at premises;
retail consultation procedure means the consultation procedure prescribed by the Rules;
retail marketer means a retailer or an associate of a retailer;
Retail Market Procedures means—
(a)in the case of electricity—the Retail Market Procedures within the meaning of the NER; and
(b)in the case of gas—the Retail Market Procedures within the meaning of the NGL and made under the NGR;
retailer means a person who is the holder of a retailer authorisation;
retailer authorisation means a retailer authorisation issued under Part 5;
revocation process—see section 120;
shared customer, in relation to a distributor and a retailer, means a person who is a customer of the retailer and whose premises are connected to the distributor's distribution system;
short term trading market for gas has the same meaning as in the NGL;
small customer—see section 5;
small market offer customer—see section 5;
South Australian Minister means the Minister of the Crown in right of South Australia administering Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia;
standard complaints and dispute resolution procedures—see section 81;
standard retail contract means a customer retail contract that takes effect under section 26 as a contract between a small customer and a designated retailer;
standing offer—see section 22;
standing offer prices means all of the tariffs and charges that a retailer charges a small customer for or in connection with the sale and supply of energy to a small customer under a standard retail contract;
Territory means the Australian Capital Territory or the Northern Territory;
this jurisdiction—see the definition of that term in the application Act of each participating jurisdiction;
trial project means a project—
(a)that—
(i)the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or
(ii)the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and
(b)tests an approach in relation to customer connection services or customer retail services;
trial Rule—see section 235;
trial waiver—see section 121C;
Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal;
upper consumption threshold—see sections 5 and 6;
Note—
Provisions for determining and reviewing the consumption thresholds are contained in the National Regulations. Provisions for applying the thresholds are contained in the Rules.

Nothing in subsection (1)—
(a)affects the operation of another law that authorises the service of a notice or document otherwise than as provided in that subsection; or
(b)affects the power of a court or tribunal to authorise service of a notice or other document otherwise than as provided in that subsection.
If—
(a)this Law or the Rules require or permit a notice or other document to be given on a "business to business" basis between distributors and retailers or otherwise (whether the expression "deliver", "give", "notify" or "send" or another expression is used); and
(b)the Retail Market Procedures make provision with respect to the procedure for giving the notice or other document,
compliance with that procedure is taken to satisfy any requirements of this Law or the Rules relating to the giving of the notice or other document.

(4)Subsections (1) and (2) apply except to the extent a contrary intention appears in this Law and the Rules, and subsection (3) applies except to the extent a provision of this Law or the Rules expressly provides that that subsection does not apply.
320—Law and the Rules to be construed not to exceed legislative power of Legislature

This Law and the Rules are to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction.
If a provision of this Law or the Rules, or the application of a provision of this Law or the Rules to a person, subject matter or circumstance would, but for this section, be construed as exceeding the legislative power of the Legislature of this jurisdiction—
(a)it is a valid provision to the extent to which it is not in excess of the power; and
(b)the remainder of this Law or the Rules, and the application of the provision to other persons, subject matters or circumstances, is not affected.
In particular, if a provision of this Law or the Rules appears to impose a duty on a Commonwealth officer or body to perform a function or exercise a power, the duty is taken to be imposed by the provision to the extent to which imposing the duty—
(a)is within the legislative powers of this jurisdiction; and
(b)is consistent with the constitutional doctrines under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body.

(3a)To avoid doubt, a provision of this Law or the Rules does not impose the duty on the Commonwealth officer or body to the extent to which imposing the duty would—
(a)contravene any constitutional doctrine under the Constitution of the Commonwealth restricting the duties that may be imposed on a Commonwealth officer or body; or
(b)otherwise exceed the legislative powers of this jurisdiction.

(3b)If imposing on the Commonwealth officer or body the duty to do that thing would—
(a)contravene any constitutional doctrine restricting the duties that may be imposed on a Commonwealth officer or body; or
(b)otherwise exceed the legislative powers of both the State and the Commonwealth,

the provision of this Law or the Rules is taken instead to confer on the Commonwealth officer or body a power to do that thing at the discretion of the Commonwealth officer or body (as the case may require).

This section does not limit the effect that a provision of this Law or the Rules would validly have apart from this section.

321—Penalty privilege
If an individual has a privilege against self‑exposure to a penalty, other than for a criminal offence, the individual is not excused from doing any of the following on that ground:
(a)providing information under this Law, the National Regulations or the Rules;
(b)producing a document under this Law, the National Regulations or the Rules;
(c)providing evidence under this Law, the National Regulations or the Rules;
(d)answering a question under this Law, the National Regulations or the Rules.

322—Court may grant relief from liability
If in any proceedings under this Law in which a person, other than a body corporate, may be liable for an offence or a civil penalty it appears to the Court that the person acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused, the Court may relieve the person either wholly or partly from liability on such terms as the Court thinks fit.
Schedule 1—Savings and transitionals
Part 1—Transitional provision related to AEMC rule making powers
1—AEMC rule making powers
The amendment to section 252 of this Law by section 19 of the Statutes Amendment (National Energy Laws) (Rules) Act 2018 does not apply to the making of—
(a)a Rule on a request under section 243(1) of this Law received by the AEMC before the commencement of this clause; or
(b)an AEMC initiated Rule (within the meaning of section 235 of this Law) in respect of which the AEMC has, before the commencement of this clause, published notice of its intention to make.

Part 2—Transitional provision related to stand‑alone power systems
2—Transitional provision related to stand‑alone power systems
The designated retailer for a small customer's premises that are connected to a stand‑alone power system that becomes a regulated stand‑alone power system under the NEL after the commencement of section 6B of the NEL is—
(a)the financially responsible retailer for the premises; or
(b)if there is no financially responsible retailer for the premises—the local area retailer for the premises.

Part 3—Savings and transitional provisions related to Ministerial Council on Energy amendments
2A—Definitions
In this Part—
Amendment Act means the Statutes Amendment (National Energy Laws) (Omnibus) Act 2021;
commencement day means the day on which section 25 of the Amendment Act comes into operation.
3—References to Ministerial Council on Energy

On and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an Act, a legislative instrument, any other kind of instrument, or a contract, agreement or other document will be taken to be a reference to the MCE as defined in section 2 (as amended by section 25 of the Amendment Act).
In this clause—
agreement includes the Australian Energy Market Agreement or any other intergovernmental agreement to which this jurisdiction is a party.

4—Rights under certain change of law provisions in agreements or deeds not to be triggered

The substitution of the definition of the MCE by section 25 of the Amendment Act is not to be regarded as a change of law (however defined) under any agreement or deed in effect on the commencement day.

(2)Subclause (1) applies despite any provision in any agreement or deed to the contrary.
5—Rights under contracts etc

The substitution of the definition of the MCE by section 25 of the Amendment Act does not affect a right, obligation, liability or immunity of the MCE under an agreement, deed or other instrument entered into by the MCE and in effect on the commencement day.
On and from the commencement day, a reference to the Ministerial Council on Energy or MCE in an agreement, deed or other instrument referred to in subclause (1) will be taken to be a reference to the MCE as defined in section 2 (as amended by section 25 of the Amendment Act).

(3)Subclause (1) applies despite any provision in any agreement, deed or other instrument to the contrary.
6—Saving of decisions etc
The substitution of the definition of the MCE by section 25 of the Amendment Act does not affect the validity of—
(a)any decision or direction made by the MCE before the commencement day; or
(b)any appointment in accordance with a recommendation or nomination of the MCE made before the commencement day.

Part 4—Transitional provisions related to national energy retail objective amendments
7—Definitions
In this Part—
amended objective means the national energy retail objective as in force on the commencement of this clause;
amending Act means the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023;
government or regulatory entity means the AEMC, AEMO, the AER, the Energy Security Board, the MCE or another government entity;
start day—see clause 8(2)(a).
8—When amended objective takes effect for particular matters

This clause applies in relation to a thing required or permitted to be done under this Law by a person or body, other than the AEMC, if, in doing the thing, the person or body is required to consider or apply the national energy retail objective including, for example, by—
(a)having regard to the national energy retail objective; or
(b)doing the thing in a manner that will or is likely to contribute to the achievement of the national energy retail objective.
Despite section 9 of the amending Act—
(a)the national energy retail objective as in force before that section came into operation continues to apply for the doing of the thing until the day (the start day) that is 2 months after the commencement of this clause; and
(b)the amended objective applies in relation to the doing of the thing from the start day.
This clause is subject to clause 9.

9—Application of national energy retail objective to particular matters in progress on start day

This clause applies if—
(a)before the start day, an entity or other person had started, or was required or permitted to start, doing a thing; and
(b)on the start day—
(i)the entity or other person has not finished doing the thing; or
(ii)the period within which the thing is required or permitted to be done has not ended; and
(c)in doing the thing the entity or other person is required to consider or apply the national energy retail objective by, for example—
(i)having regard to the national energy retail objective; or
(ii)doing the thing in a manner that will or is likely to contribute to the achievement of the national energy retail objective.
The national energy retail objective as in force before the commencement of this clause, and as continued under clause 8 until the start day, continues to apply in relation to the doing of the thing.
However, a government or regulatory entity may decide to consider or apply the amended objective in relation to the doing of the thing.

10—Administrative guidance for decisions under clause 9(3)

If a government or regulatory entity, other than the AER, proposes to exercise a discretion under clause 9(3), the entity must use its best endeavours to ensure that within 45 days after the commencement of this clause, it issues administrative guidance about the matters the entity is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.
The AER must, within 45 days after the commencement of this clause, issue administrative guidance about the matters the AER is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing.
A failure to comply with this section does not prevent a government or regulatory entity from exercising a discretion under clause 9(3).

11—Administrative guidance about value of greenhouse gas emissions

This clause applies if—
(a)administrative guidance is issued by a government or regulatory entity about considering or applying the amended objective; and
(b)the guidance includes the value, or a method of working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction; and
(c)the guidance is consistent with any MCE statement.
The value or method stated in the administrative guidance must be complied with by the government or regulatory entity in considering or applying the amended objective.
This clause applies until a National Regulation or Rule takes effect for the matter described in subclause (1).
In this clause—
MCE statement means a statement issued by the MCE that states the value, or a method of or guidance for working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction, that is to be used by a government or regulatory entity in considering or applying the amended objective until a National Regulation or Rule mentioned in subclause (3) takes effect.

12—Validation of things done in relation to Rules before commencement

This clause applies if, before the commencement of this clause—
(a)the MCE or a Minister of a participating jurisdiction had requested a Rule under section 243(1) in relation to the national energy retail objective as if the amended objective were in force; and
(b)the AEMC had done a thing under Part 10, other than sections 261 to 264, in relation to the request.
On the commencement of this clause—
(a)the thing is taken to have been validly done under Part 10; and
(b)the AEMC is taken to have satisfied a requirement under the Law to apply the national energy retail objective in relation to the thing.

Part 5—Transitional provisions related to other gas amendments
13—Definition
In this Part—
commencement day means the day on which this Part comes into operation.
14—Retailer authorisations
A retailer authorisation authorising the sale of natural gas and in effect immediately before the commencement day is taken to authorise the sale of natural gas and natural gas equivalents.
15—Exempt sellers

A person who immediately before the commencement day was an exempt seller for natural gas is taken to be an exempt seller for natural gas and natural gas equivalents to the same extent and on the same conditions as applied immediately before the commencement day.
In this clause—
exempt seller means a person who is exempt, under Part 5, Division 6 of this Law, from the requirement to hold a retailer authorisation.

16—RoLR arrangements

A retailer who immediately before the commencement day was appointed and registered as the default RoLR for a gas distribution system continues to be the default RoLR for that distribution system whether the distribution system is used for natural gas or a natural gas equivalent.
A retailer who immediately before the commencement day was registered as an additional RoLR for a gas distribution system continues to be an additional RoLR for that distribution system whether the distribution system is used for natural gas or a natural gas equivalent.
A retailer who immediately before the commencement day was appointed as a designated RoLR for a gas distribution system continues to be the designated RoLR for that distribution system whether the distribution system is used for natural gas or a natural gas equivalent.
Nothing in this clause limits the power of the AER to terminate the appointment and registration of a retailer as a default RoLR in accordance with section 125(9) of this Law.
Nothing in this clause limits the power of the AER to terminate the registration of a retailer as a RoLR in accordance with section 128 of this Law.

Legislative history

Notes

•In this version provisions that are uncommenced appear in italics.
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or Act and amendments
New entries appear in bold.

Year No Title Assent Commencement

2011 6 National Energy Retail Law (South Australia) Act 2011 17.3.2011 1.7.2012 (Gazette 28.6.2012 p2923)

2012 16 National Energy Retail Law (South Australia) (Implementation) Amendment Act 2012 24.5.2012 1.7.2012 (Gazette 28.6.2012 p2924) except Pt 2—1.2.2013 (Gazette 31.1.2013 p156) except new ss 18, 21, 28(2)(a), 35(5), (8) & 37(5), (8) (as inserted by s 4)—uncommenced

2013 69 Statutes Amendment (Smart Meters) Act 2013 21.11.2013 Pt 3 (ss 7—9)—28.11.2013 (Gazette 28.11.2013 p4383)

2018 12 Statutes Amendment (National Energy Laws) (Rules) Act 2018 9.8.2018 Pt 3 (ss 12—20)—20.9.2018 (Gazette 20.9.2018 p3500)

2020 37 Statutes Amendment (National Energy Laws) (Penalties and Enforcement) Act 2020 22.10.2020 Pt 3 (ss 34 to 46)—29.1.2021 (Gazette 27.1.2021 p163)

2021 3 Statutes Amendment (National Energy Laws) (Omnibus) Act 2021 11.2.2021 Pt 4 (ss 25 to 32)—15.4.2021 (Gazette 15.4.2021 p1169)

2021 9 Statutes Amendment (National Energy Laws) (Stand-Alone Power Systems) Act 2021 11.3.2021 Pt 3 (ss 10 to 12)—20.5.2021 (Gazette 20.5.2021 p1398)

2022 21 Statutes Amendment (National Energy Laws) (Gas Pipelines) Act 2022 24.11.2022 Pt 3 (ss 6 to 8)—2.3.2023 (Gazette 2.3.2023 p464)

2022 22 Statutes Amendment (National Energy Laws) (Regulatory Sandboxing) Act 2022 24.11.2022 Pt 3 (ss 18 to 31)—8.12.2022 (Gazette 8.12.2022 p6823)

2023 26 Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 21.9.2023 Pt 3 (ss 9 to 13)—21.9.2023: s 2

2023 36 Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 23.11.2023 Pt 4 (ss 67 to 70) & Pt 5 (ss 71 to 90)—7.3.2024 (Gazette 7.3.2024 p371)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.

Provision How varied Commencement

Pt 1

s 2

s 2(2) amended by 36/2023 s 67 7.3.2024

Pt 2

s 7

s 7(1) amended by 36/2023 s 68(1), (2) 7.3.2024

Pt 4

s 14

s 14(1) and (2) amended by 36/2023 s 69 7.3.2024

Pt 5 inserted by 16/2012 s 4 1.2.2013—except ss 18, 21 & 28(2)(a)—uncommenced

s 20 expired: s 20(13)—omitted under Legislation Revision and Publication Act 2002 (1.2.2013)

Pt 6 inserted by 16/2012 s 4 1.2.2013

Pt 7 inserted by 16/2012 s 4 1.2.2013—except ss 35(5), (8) & 37(5), (8)—uncommenced

s 41

s 41(1) amended by 36/2023 s 70 7.3.2024

Sch—National Energy Retail Law

Pt 1

s 2

s 2(1)

annual turnover inserted by 37/2020 s 34(1) 29.1.2021

application Act amended by 3/2021 s 25(1) 15.4.2021

AER regulatory function or power amended by 22/2022 s 18(1) 8.12.2022

civil penalty substituted by 37/2020 s 34(2) 29.1.2021

covered gas inserted by 36/2023 s 71(1) 7.3.2024

distribution system amended by 21/2022 s 6(1) 2.3.2023

distributor amended by 21/2022 s 6(2) 2.3.2023

Energy Security Board inserted by 12/2018 s 12(2) 20.9.2018

gas substituted by 36/2023 s 71(2) 7.3.2024

initial National Energy Retail Rules amended by 12/2018 s 12(1) 20.9.2018

innovative trial principles inserted by 22/2022 s 18(2) 8.12.2022

jurisdictional gas legislation inserted by 36/2023 s 71(3) 7.3.2024

MCE substituted by 3/2021 s 25(2) 15.4.2021

National Energy Retail Rules amended by 12/2018 s 12(3), (4) 20.9.2018

natural gas inserted by 36/2023 s 71(4) 7.3.2024

natural gas equivalent inserted by 36/2023 s 71(4) 7.3.2024

prescribed covered gas inserted by 36/2023 s 71(5) 7.3.2024

South Australian Minister inserted by 36/2023 s 71(6) 7.3.2024

Territory inserted by 3/2021 s 25(3) 15.4.2021

trial project inserted by 22/2022 s 18(3) 8.12.2022

trial Rule inserted by 22/2022 s 18(3) 8.12.2022

trial waiver inserted by 22/2022 s 18(3) 8.12.2022

s 2(7) inserted by 36/2023 s 71(7) 7.3.2024

s 2A inserted by 36/2023 s 72 7.3.2024

s 3A inserted by 36/2023 s 73 7.3.2024

s 4A inserted by 37/2020 s 35 29.1.2021

s 7A inserted by 37/2020 s 36 29.1.2021

s 8A inserted by 12/2018 s 13 20.9.2018

s 9 substituted by 3/2021 s 26 15.4.2021

s 10 amended by 3/2021 s 27 15.4.2021

(c) deleted by 3/2021 s 27 15.4.2021

amended by 36/2023 s 74 7.3.2024

s 11

s 11(4) substituted by 36/2023 s 75 7.3.2024

s 13 amended by 26/2023 s 9 21.9.2023

s 13AA inserted by 26/2023 s 10 21.9.2023

s 13A inserted by 22/2022 s 19 8.12.2022

amended by 36/2023 s 76 7.3.2024

s 16

s 16(1) substituted by 36/2023 s 77 7.3.2024

Pt 2

s 22

s 22(1a) and (1b) inserted by 69/2013 s 7(1) 28.11.2013

s 22(6) inserted by 69/2013 s 7(2) 28.11.2013

Pt 3

s 76

s 76(4a) inserted by 16/2012 s 5(1) 1.7.2012

s 76(5) amended by 16/2012 s 5(2) 1.7.2012

Pt 5

s 88 substituted by 16/2012 s 6 1.7.2012

s 88(2) amended by 21/2022 s 7 2.3.2023

amended by 36/2023 s 78 7.3.2024

s 89

s 89(1) s 89 redesignated as s 89(1) by 16/2012 s 7 1.7.2012

s 89(2) and (3) inserted by 16/2012 s 7 1.7.2012

s 94 amended by 36/2023 s 79(1) 7.3.2024

s 94(1) s 94 redesignated as s 94(1) by 36/2023 s 79(2) 7.3.2024

s 94(2) inserted by 36/2023 s 79(2) 7.3.2024

s 96A inserted by 16/2012 s 8 1.7.2012

s 104A inserted by 16/2012 s 9 1.7.2012

s 99

s 99(1a) inserted by 36/2023 s 80 7.3.2024

s 107

s 107(2) amended by 16/2012 s 10 1.7.2012

amended by 37/2020 s 37 29.1.2021

Pt 5A inserted by 22/2022 s 20 8.12.2022

Pt 6

s 132

s 132(3a) inserted by 16/2012 s 11 1.7.2012

s 136

s 136(1) substituted by 16/2012 s 12(1) 1.7.2012

s 136(1a) inserted by 16/2012 s 12(1) 1.7.2012

s 136(2) amended by 16/2012 s 12(2) 1.7.2012

s 136(3) amended by 16/2012 s 12(3) 1.7.2012

s 136(4) amended by 16/2012 s 12(4) 1.7.2012

s 137

s 137(1) amended by 36/2023 s 81(1) 7.3.2024

s 137(5) amended by 21/2022 s 8(1) 2.3.2023

s 137(5a) inserted by 36/2023 s 81(2) 7.3.2024

s 137(6a) inserted by 36/2023 s 81(3) 7.3.2024

s 137(6b) inserted by 36/2023 s 81(3) 7.3.2024

s 137(7) amended by 36/2023 s 81(4) 7.3.2024

s 137(8a) inserted by 36/2023 s 81(5) 7.3.2024

s 137(10) amended by 21/2022 s 8(2), (3) 2.3.2023

s 137(11) amended by 21/2022 s 8(4) 2.3.2023

s 137(14) amended by 21/2022 s 8(5) 2.3.2023

amended by 36/2023 s 81(6) 7.3.2024

s 144(2) amended by 36/2023 s 82 7.3.2024

s 139

s 139(a1) inserted by 16/2012 s 13(1) 1.7.2012

s 139(1) amended by 16/2012 s 13(2) 1.7.2012

s 158 amended by 37/2020 s 38 29.1.2021

Pt 7

s 187

s 187(2) amended by 16/2012 s 14 1.7.2012

Pt 8

s 204

s 204(1) amended by 16/2012 s 15 1.7.2012

amended by 22/2022 s 21(1), (2) 8.12.2022

s 206

s 206(1) amended by 16/2012 s 16 1.7.2012

amended by 37/2020 s 39(1) 29.1.2021

s 206(2) amended by 37/2020 s 39(2)—(4) 29.1.2021

s 206(3) amended by 37/2020 s 39(5) 29.1.2021

s 206(3a) inserted by 37/2020 s 39(6) 29.1.2021

s 206(4) amended by 37/2020 s 39(7), (8) 29.1.2021

s 206(5a) inserted by 37/2020 s 39(9) 29.1.2021

s 206(6) amended by 37/2020 s 39(10) 29.1.2021

s 206(7) amended by 37/2020 s 39(11) 29.1.2021

s 206(9) amended by 37/2020 s 39(12), (13) 29.1.2021

s 206(9a) and (9b) inserted by 37/2020 s 39(14) 29.1.2021

s 206(11)—(19) inserted by 37/2020 s 39(15) 29.1.2021

s 214

s 214(7a) inserted by 3/2021 s 28 15.4.2021

s 218

s 218(a1) inserted by 37/2020 s 40(1) 29.1.2021

s 218(2) amended by 37/2020 s 40(2) 29.1.2021

s 210A inserted by 12/2018 s 14 20.9.2018

Pt 9

s 224A inserted by 26/2023 s 11 21.9.2023

s 230

s 230(1) amended by 3/2021 s 29 15.4.2021

Pt 10

Pt 10 Div 1

s 235

market initiated proposed Rule amended by 22/2022 s 22(1) 8.12.2022

publish amended by 3/2021 s 30 15.4.2021

amended by 22/2022 s 22(2) 8.12.2022

trial Rule inserted by 22/2022 s 22(3) 8.12.2022

Pt 10 Div 2

s 236A inserted by 22/2022 s 23 8.12.2022

s 237

s 237(1) amended by 22/2022 s 24 8.12.2022

s 237(2) amended by 69/2013 s 8 28.11.2013

amended by 9/2021 s 10 20.5.2021

amended by 36/2023 s 83 7.3.2024

Pt 10 Div 3

heading amended by 12/2018 s 15 20.9.2018

Pt 10 Div 3 Subdiv 1

heading inserted by 12/2018 s 16 20.9.2018

s 238

s 238(1) amended by 36/2023 s 84 7.3.2024

s 238AA inserted by 22/2022 s 25 8.12.2022

s 238AA(1) amended by 36/2023 s 85 7.3.2024

s 238A inserted by 69/2013 s 9 28.11.2013

s 238A(1) amended by 36/2023 s 86 7.3.2024

s 238AB inserted by 9/2021 s 11 20.5.2021

s 238AB(1) amended by 36/2023 s 87 7.3.2024

s 238AC inserted by 26/2023 s 12 21.9.2023

s 238AD inserted by 36/2023 s 88 7.3.2024

Pt 10 Div 3 Subdiv 2 inserted by 12/2018 s 17 20.9.2018

s 238B

s 238B(1) amended by 36/2023 s 89 7.3.2024

Pt 10 Div 4

s 239

s 239(1) s 239 redesignated as s 239(1) by 12/2018 s 18 20.9.2018

s 239(2) inserted by 12/2018 s 18 20.9.2018

s 246 amended by 22/2022 s 26 8.12.2022

s 249

s 249(1) amended by 22/2022 s 27(1), (2) 8.12.2022

s 249(2) substituted by 22/2022 s 27(3) 8.12.2022

s 249(7) inserted by 22/2022 s 27(4) 8.12.2022

s 252

s 252(1) amended by 12/2018 s 19 20.9.2018

s 252A inserted by 22/2022 s 28 8.12.2022

s 259

s 259(3) amended by 22/2022 s 29 8.12.2022

s 261

s 261(3) inserted by 22/2022 s 30 8.12.2022

ss 262A—262D inserted by 22/2022 s 31 8.12.2022

Pt 13

s 291

s 291(1) amended by 37/2020 s 41(1) 29.1.2021

s 291(2) amended by 37/2020 s 41(2), (3) 29.1.2021

s 291(2a) inserted by 37/2020 s 41(4) 29.1.2021

s 292

s 292(1) amended by 37/2020 s 42(1) 29.1.2021

s 292(2) amended by 37/2020 s 42(2), (3) 29.1.2021

s 294 amended by 37/2020 s 43(1), (2) 29.1.2021

ss 300A and 300B inserted by 37/2020 s 44 29.1.2021

s 305 amended by 37/2020 s 45 29.1.2021

Pt 15

s 320

s 320(3) substituted by 3/2021 s 31 15.4.2021

s 320(3a) and (3b) inserted by 3/2021 s 31 15.4.2021

ss 321 and 322 inserted by 37/2020 s 46 29.1.2021

Sch 1 inserted by 12/2018 s 20 20.9.2018

Pt 2 inserted by 9/2021 s 12 20.5.2021

Pt 3 Pt 2 inserted by 3/2021 s 32 15.4.2021

Pt 2 redesignated as Pt 3 by 26/2023 s 13(1) 21.9.2023

cl 2A cl 2 redesignated as cl 2A by 26/2023 s 13(2) 21.9.2023

Pt 4 inserted by 26/2023 s 13(3) 21.9.2023

Pt 5 inserted by 36/2023 s 90 7.3.2024

Historical versions

1.7.2012
1.2.2013
28.11.2013
20.9.2018
29.1.2021
15.4.2021
20.5.2021
8.12.2022
2.3.2023
21.9.2023

Year	No	Title	Assent	Commencement
2011	6	National Energy Retail Law (South Australia) Act 2011	17.3.2011	1.7.2012 (Gazette 28.6.2012 p2923)
2012	16	National Energy Retail Law (South Australia) (Implementation) Amendment Act 2012	24.5.2012	1.7.2012 (Gazette 28.6.2012 p2924) except Pt 2—1.2.2013 (Gazette 31.1.2013 p156) except new ss 18, 21, 28(2)(a), 35(5), (8) & 37(5), (8) (as inserted by s 4)—uncommenced
2013	69	Statutes Amendment (Smart Meters) Act 2013	21.11.2013	Pt 3 (ss 7—9)—28.11.2013 (Gazette 28.11.2013 p4383)
2018	12	Statutes Amendment (National Energy Laws) (Rules) Act 2018	9.8.2018	Pt 3 (ss 12—20)—20.9.2018 (Gazette 20.9.2018 p3500)
2020	37	Statutes Amendment (National Energy Laws) (Penalties and Enforcement) Act 2020	22.10.2020	Pt 3 (ss 34 to 46)—29.1.2021 (Gazette 27.1.2021 p163)
2021	3	Statutes Amendment (National Energy Laws) (Omnibus) Act 2021	11.2.2021	Pt 4 (ss 25 to 32)—15.4.2021 (Gazette 15.4.2021 p1169)
2021	9	Statutes Amendment (National Energy Laws) (Stand-Alone Power Systems) Act 2021	11.3.2021	Pt 3 (ss 10 to 12)—20.5.2021 (Gazette 20.5.2021 p1398)
2022	21	Statutes Amendment (National Energy Laws) (Gas Pipelines) Act 2022	24.11.2022	Pt 3 (ss 6 to 8)—2.3.2023 (Gazette 2.3.2023 p464)
2022	22	Statutes Amendment (National Energy Laws) (Regulatory Sandboxing) Act 2022	24.11.2022	Pt 3 (ss 18 to 31)—8.12.2022 (Gazette 8.12.2022 p6823)
2023	26	Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023	21.9.2023	Pt 3 (ss 9 to 13)—21.9.2023: s 2
2023	36	*Statutes Amendment (National Energy Laws) (Other Gases) Act 2023*	23.11.2023	*Pt 4 (ss 67 to 70) & Pt 5 (ss 71 to 90)—7.3.2024 (Gazette 7.3.2024 p371)*

Provision	How varied	Commencement
Pt 1
s 2
s 2(2)	amended by 36/2023 s 67	7.3.2024
Pt 2
s 7
s 7(1)	amended by 36/2023 s 68(1), (2)	7.3.2024
Pt 4
s 14
s 14(1) and (2)	amended by 36/2023 s 69	7.3.2024
Pt 5	inserted by 16/2012 s 4	1.2.2013—except ss 18, 21 & 28(2)(a)—uncommenced
s 20	expired: s 20(13)—omitted under Legislation Revision and Publication Act 2002	(1.2.2013)
Pt 6	inserted by 16/2012 s 4	1.2.2013
Pt 7	inserted by 16/2012 s 4	1.2.2013—except ss 35(5), (8) & 37(5), (8)—uncommenced
s 41
s 41(1)	amended by 36/2023 s 70	7.3.2024
Sch—National Energy Retail Law
Pt 1
s 2
s 2(1)
annual turnover	inserted by 37/2020 s 34(1)	29.1.2021
application Act	amended by 3/2021 s 25(1)	15.4.2021
AER regulatory function or power	amended by 22/2022 s 18(1)	8.12.2022
civil penalty	substituted by 37/2020 s 34(2)	29.1.2021
covered gas	inserted by 36/2023 s 71(1)	7.3.2024
distribution system	amended by 21/2022 s 6(1)	2.3.2023
distributor	amended by 21/2022 s 6(2)	2.3.2023
Energy Security Board	inserted by 12/2018 s 12(2)	20.9.2018
gas	substituted by 36/2023 s 71(2)	7.3.2024
initial National Energy Retail Rules	amended by 12/2018 s 12(1)	20.9.2018
innovative trial principles	inserted by 22/2022 s 18(2)	8.12.2022
jurisdictional gas legislation	inserted by 36/2023 s 71(3)	7.3.2024
MCE	substituted by 3/2021 s 25(2)	15.4.2021
National Energy Retail Rules	amended by 12/2018 s 12(3), (4)	20.9.2018
natural gas	inserted by 36/2023 s 71(4)	7.3.2024
natural gas equivalent	inserted by 36/2023 s 71(4)	7.3.2024
prescribed covered gas	inserted by 36/2023 s 71(5)	7.3.2024
South Australian Minister	inserted by 36/2023 s 71(6)	7.3.2024
Territory	inserted by 3/2021 s 25(3)	15.4.2021
trial project	inserted by 22/2022 s 18(3)	8.12.2022
trial Rule	inserted by 22/2022 s 18(3)	8.12.2022
trial waiver	inserted by 22/2022 s 18(3)	8.12.2022
s 2(7)	inserted by 36/2023 s 71(7)	7.3.2024
s 2A	inserted by 36/2023 s 72	7.3.2024
s 3A	inserted by 36/2023 s 73	7.3.2024
s 4A	inserted by 37/2020 s 35	29.1.2021
s 7A	inserted by 37/2020 s 36	29.1.2021
s 8A	inserted by 12/2018 s 13	20.9.2018
s 9	substituted by 3/2021 s 26	15.4.2021
s 10	amended by 3/2021 s 27	15.4.2021
(c) deleted by 3/2021 s 27	15.4.2021
amended by 36/2023 s 74	7.3.2024
s 11
s 11(4)	substituted by 36/2023 s 75	7.3.2024
s 13	amended by 26/2023 s 9	21.9.2023
s 13AA	inserted by 26/2023 s 10	21.9.2023
s 13A	inserted by 22/2022 s 19	8.12.2022
amended by 36/2023 s 76	7.3.2024
s 16
s 16(1)	substituted by 36/2023 s 77	7.3.2024
Pt 2
s 22
s 22(1a) and (1b)	inserted by 69/2013 s 7(1)	28.11.2013
s 22(6)	inserted by 69/2013 s 7(2)	28.11.2013
Pt 3
s 76
s 76(4a)	inserted by 16/2012 s 5(1)	1.7.2012
s 76(5)	amended by 16/2012 s 5(2)	1.7.2012
Pt 5
s 88	substituted by 16/2012 s 6	1.7.2012
s 88(2)	amended by 21/2022 s 7	2.3.2023
amended by 36/2023 s 78	7.3.2024
s 89
s 89(1)	s 89 redesignated as s 89(1) by 16/2012 s 7	1.7.2012
s 89(2) and (3)	inserted by 16/2012 s 7	1.7.2012
s 94	amended by 36/2023 s 79(1)	7.3.2024
s 94(1)	s 94 redesignated as s 94(1) by 36/2023 s 79(2)	7.3.2024
s 94(2)	inserted by 36/2023 s 79(2)	7.3.2024
s 96A	inserted by 16/2012 s 8	1.7.2012
s 104A	inserted by 16/2012 s 9	1.7.2012
s 99
s 99(1a)	inserted by 36/2023 s 80	7.3.2024
s 107
s 107(2)	amended by 16/2012 s 10	1.7.2012
amended by 37/2020 s 37	29.1.2021
Pt 5A	inserted by 22/2022 s 20	8.12.2022
Pt 6
s 132
s 132(3a)	inserted by 16/2012 s 11	1.7.2012
s 136
s 136(1)	substituted by 16/2012 s 12(1)	1.7.2012
s 136(1a)	inserted by 16/2012 s 12(1)	1.7.2012
s 136(2)	amended by 16/2012 s 12(2)	1.7.2012
s 136(3)	amended by 16/2012 s 12(3)	1.7.2012
s 136(4)	amended by 16/2012 s 12(4)	1.7.2012
s 137
s 137(1)	amended by 36/2023 s 81(1)	7.3.2024
s 137(5)	amended by 21/2022 s 8(1)	2.3.2023
s 137(5a)	inserted by 36/2023 s 81(2)	7.3.2024
s 137(6a)	inserted by 36/2023 s 81(3)	7.3.2024
s 137(6b)	inserted by 36/2023 s 81(3)	7.3.2024
s 137(7)	amended by 36/2023 s 81(4)	7.3.2024
s 137(8a)	inserted by 36/2023 s 81(5)	7.3.2024
s 137(10)	amended by 21/2022 s 8(2), (3)	2.3.2023
s 137(11)	amended by 21/2022 s 8(4)	2.3.2023
s 137(14)	amended by 21/2022 s 8(5)	2.3.2023
amended by 36/2023 s 81(6)	7.3.2024
s 144(2)	amended by 36/2023 s 82	7.3.2024
s 139
s 139(a1)	inserted by 16/2012 s 13(1)	1.7.2012
s 139(1)	amended by 16/2012 s 13(2)	1.7.2012
s 158	amended by 37/2020 s 38	29.1.2021
Pt 7
s 187
s 187(2)	amended by 16/2012 s 14	1.7.2012
Pt 8
s 204
s 204(1)	amended by 16/2012 s 15	1.7.2012
amended by 22/2022 s 21(1), (2)	8.12.2022
s 206
s 206(1)	amended by 16/2012 s 16	1.7.2012
amended by 37/2020 s 39(1)	29.1.2021
s 206(2)	amended by 37/2020 s 39(2)—(4)	29.1.2021
s 206(3)	amended by 37/2020 s 39(5)	29.1.2021
s 206(3a)	inserted by 37/2020 s 39(6)	29.1.2021
s 206(4)	amended by 37/2020 s 39(7), (8)	29.1.2021
s 206(5a)	inserted by 37/2020 s 39(9)	29.1.2021
s 206(6)	amended by 37/2020 s 39(10)	29.1.2021
s 206(7)	amended by 37/2020 s 39(11)	29.1.2021
s 206(9)	amended by 37/2020 s 39(12), (13)	29.1.2021
s 206(9a) and (9b)	inserted by 37/2020 s 39(14)	29.1.2021
s 206(11)—(19)	inserted by 37/2020 s 39(15)	29.1.2021
s 214
s 214(7a)	inserted by 3/2021 s 28	15.4.2021
s 218
s 218(a1)	inserted by 37/2020 s 40(1)	29.1.2021
s 218(2)	amended by 37/2020 s 40(2)	29.1.2021
s 210A	inserted by 12/2018 s 14	20.9.2018
Pt 9
s 224A	inserted by 26/2023 s 11	21.9.2023
s 230
s 230(1)	amended by 3/2021 s 29	15.4.2021
Pt 10
Pt 10 Div 1
s 235
market initiated proposed Rule	amended by 22/2022 s 22(1)	8.12.2022
publish	amended by 3/2021 s 30	15.4.2021
amended by 22/2022 s 22(2)	8.12.2022
trial Rule	inserted by 22/2022 s 22(3)	8.12.2022
Pt 10 Div 2
s 236A	inserted by 22/2022 s 23	8.12.2022
s 237
s 237(1)	amended by 22/2022 s 24	8.12.2022
s 237(2)	amended by 69/2013 s 8	28.11.2013
amended by 9/2021 s 10	20.5.2021
amended by 36/2023 s 83	7.3.2024
Pt 10 Div 3
heading	amended by 12/2018 s 15	20.9.2018
Pt 10 Div 3 Subdiv 1
heading	inserted by 12/2018 s 16	20.9.2018
s 238
s 238(1)	amended by 36/2023 s 84	7.3.2024
s 238AA	inserted by 22/2022 s 25	8.12.2022
s 238AA(1)	amended by 36/2023 s 85	7.3.2024
s 238A	inserted by 69/2013 s 9	28.11.2013
s 238A(1)	amended by 36/2023 s 86	7.3.2024
s 238AB	inserted by 9/2021 s 11	20.5.2021
s 238AB(1)	amended by 36/2023 s 87	7.3.2024
s 238AC	inserted by 26/2023 s 12	21.9.2023
s 238AD	inserted by 36/2023 s 88	7.3.2024
Pt 10 Div 3 Subdiv 2	inserted by 12/2018 s 17	20.9.2018
s 238B
s 238B(1)	amended by 36/2023 s 89	7.3.2024
Pt 10 Div 4
s 239
s 239(1)	s 239 redesignated as s 239(1) by 12/2018 s 18	20.9.2018
s 239(2)	inserted by 12/2018 s 18	20.9.2018
s 246	amended by 22/2022 s 26	8.12.2022
s 249
s 249(1)	amended by 22/2022 s 27(1), (2)	8.12.2022
s 249(2)	substituted by 22/2022 s 27(3)	8.12.2022
s 249(7)	inserted by 22/2022 s 27(4)	8.12.2022
s 252
s 252(1)	amended by 12/2018 s 19	20.9.2018
s 252A	inserted by 22/2022 s 28	8.12.2022
s 259
s 259(3)	amended by 22/2022 s 29	8.12.2022
s 261
s 261(3)	inserted by 22/2022 s 30	8.12.2022
ss 262A—262D	inserted by 22/2022 s 31	8.12.2022
Pt 13
s 291
s 291(1)	amended by 37/2020 s 41(1)	29.1.2021
s 291(2)	amended by 37/2020 s 41(2), (3)	29.1.2021
s 291(2a)	inserted by 37/2020 s 41(4)	29.1.2021
s 292
s 292(1)	amended by 37/2020 s 42(1)	29.1.2021
s 292(2)	amended by 37/2020 s 42(2), (3)	29.1.2021
s 294	amended by 37/2020 s 43(1), (2)	29.1.2021
ss 300A and 300B	inserted by 37/2020 s 44	29.1.2021
s 305	amended by 37/2020 s 45	29.1.2021
Pt 15
s 320
s 320(3)	substituted by 3/2021 s 31	15.4.2021
s 320(3a) and (3b)	inserted by 3/2021 s 31	15.4.2021
ss 321 and 322	inserted by 37/2020 s 46	29.1.2021
Sch 1	inserted by 12/2018 s 20	20.9.2018
Pt 2	inserted by 9/2021 s 12	20.5.2021
Pt 3	Pt 2 inserted by 3/2021 s 32	15.4.2021
Pt 2 redesignated as Pt 3 by 26/2023 s 13(1)	21.9.2023
cl 2A	cl 2 redesignated as cl 2A by 26/2023 s 13(2)	21.9.2023
Pt 4	inserted by 26/2023 s 13(3)	21.9.2023
Pt 5	inserted by 36/2023 s 90	7.3.2024