Jurisdictions have enacted legislation or statutory instruments that modify the National Electricity Rules, National Gas Rules and National Energy Retail Rules to the extent the rules apply in those jurisdictions. This page sets out examples of such legislation and statutory instruments. 

This is separate from the mechanism in the National Electricity Law that allows jurisdictional derogations to be included in the National Electricity Rules (currently set out in Chapter 9 of the rules).

A guide to the application of the National Energy Customer Framework is also available for stakeholders.

Examples of legislation and statutory instruments that modify the National Electricity Rules to the extent they apply in jurisdictions

New South Wales

• Clause 59 of the Electricity Infrastructure Investment Regulation 2021 (NSW) – as set out in the document titled Chapter 9A: Modification of the National Electricity Rules in New South Wales under the Electricity Infrastructure Investment Act published in the Government Gazette on 6 December 2024
• National Electricity (New South Wales) Regulation 2022 (NSW)
• Part 7B, Division 3 of the Electricity Supply (General) Regulation 2014 (NSW)

Northern Territory

• National Electricity (Northern Territory) (National Uniform Legislation) (Modification) Regulations 2016 (NT)

  Note: see more information on the electricity rules that apply in the Northern Territory

Queensland

• Electricity—National Scheme (Queensland) Regulation 2014 (Qld)

South Australia

• National Electricity (South Australia) (Local Provisions) Regulations 2019 (SA)

Victoria 

• Part 3 and Schedule 2 of the National Electricity (Victoria) Act 2005 (Vic)

Note: the National Electricity Rules do not apply in Western Australia. 

Examples of legislation and statutory instruments that modify the National Gas Rules to the extent they apply in jurisdictions

Australian Capital Territory

• Clause 14 and Schedule 1, Part 1.2 of the Climate Change and Greenhouse Gas Reduction Regulation 2011 (ACT)

Queensland

• National Gas (Queensland) Regulation 2014 (Qld)

Victoria

• sections 9B, 45 and 65 of the National Gas (Victoria) Act 2008 (Vic)
• National Gas (Victoria) (Declared System Provisions) Regulations 2024 (Vic)

Western Australia

• National Gas Access (WA) Act 2009 (WA)

  Note: see more information on the gas rules that apply in Western Australia

Examples of legislation and statutory instruments that modify the National Energy Retail Rules to the extent they apply in jurisdictions

Australian Capital Territory

• Part 4 and Schedule 1 of the National Energy Retail Law (ACT) Regulation 2012 (ACT)

New South Wales 

• Clause 7 and Part 3 of the National Retail Law (Adoption) Regulation 2020 (NSW)

Queensland

• National Energy Retail Law (Queensland) Regulation 2014 (Qld) 

South Australia

• National Energy Retail Law (Local Provisions) Regulations 2013 (SA)

Tasmania

• National Energy Retail Law (Tasmania) Regulations 2022 (Tas)

  Note: section 16 of the National Energy Retail Law (Tasmania) Act 2012 (Tas) provides that the National Energy Retail Law, as that Law applies as a law of Tasmania, does not apply in relation to gas

Victoria

• Part 4 of the National Energy Retail Law (Victoria) Regulations 2024 (Vic)
  
  Note: the effect of this modification is that only Part 12 of the National Energy Retail Rules has the force of law in Victoria.

Note: the National Energy Retail Rules do not apply in the Northern Territory or Western Australia. 

Disclaimer

This version of this page is current as at 17 June 2025

This page is made available for use on the following basis:

• Purpose: This page is provided by the AEMC for information purposes only. You are not permitted to commercialise it or any information contained in it. This page is not a substitute for obtaining legal advice. By publishing this page, the AEMC does not bind itself to a particular interpretation or analysis of the law, nor does it limit the AEMC's discretion in the exercise of its functions and powers.
• Currency: This page is based on versions of legislation and statutory instruments in force as at the date of its publication. 
• No reliance or warranty: This page may be subsequently amended. The AEMC does not warrant or represent that the information on this page is accurate, reliable, complete or current or that it is suitable for particular purposes. For example, this page may not include all legislation or statutory instruments enacted by jurisdictions that modify the application of energy rules. You should verify and check the accuracy, completeness, reliability and suitability of this page for any use to which you intend to put it and seek independent legal advice before using it, or any information contained in it.
• Limitation of liability: To the extent permitted by law, the AEMC and its advisers, consultants and other contributors to this page (or their respective associated companies, businesses, partners, directors, officers or employees) will not be liable for any errors, omissions, defects or misrepresentations in the information contained in this page, or for any loss or damage suffered by persons who use or rely on such information (including by reason of negligence, negligent misstatement or otherwise). If any law prohibits the exclusion of such liability, the AEMC’s liability is limited, at the AEMC’s option, to the re-supply of the information, provided that this limitation is permitted by law and is fair and reasonable.