National Energy Retail Rules Version 12

Historical Information

This version of the National Energy Retail Rules was current from 10 April 2018 to 30 June 2018.

National Energy Retail Rules Version 12
Status Information
This is the latest electronically available version of the National Energy Retail Rules as at 10 April 2018. 
This consolidated version of the National Energy Retail Rules was last updated on 10 April 2018 as a result of the commencement of the following amendments:
Schedule 1 of the National Energy Retail Amendment (Minor Changes) Rule 2018 No. 1
Application of the National Energy Customer Framework related Rule
On 27 June 2012, the South Australian Minister introduced the National Energy Retail Rules under section 238 of the National Energy Retail Law (NERL) set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011. These Rules commenced operation as a law of Tasmania, the Australian Capital Territory and the Commonwealth on 1 July 2012; South Australia on 1 February 2013, New South Wales on 1 July 2013 and Queensland on 1 July 2015.
These Rules do not apply in Victoria, Western Australia or the Northern Territory until the NERL is implemented as a law in that jurisdiction.
These Rules can also be found on the Australian Energy Market Commission's website under the 'National Energy Retail Rules', 'Rules made by the SA Ministers' tabs.
Provisions in force
All provisions displayed in this consolidated version of the Rules have commenced. As at the date of this consolidation the Australian Energy Market Commission has made the following Rules under the National Energy Retail Law that have not yet commenced:
Schedules 1 and 2 of the National Energy Retail Amendment (Strengthening protections for customers requiring life support equipment) Rule 2017 No. 3 commences operation on 1 February 2019.
Schedule 2 of the National Energy Retail Amendment (Minor Changes) Rule 2018 No. 1 commences operation on 1 February 2019, immediately after the commencement of Schedule 2 of the National Energy Retail Amendment (Strengthening protections for customers requiring life support equipment) Rule 2017.

TABLE OF CONTENTS
Part 1	Preliminary	1
Division 1	Introduction and definitions	1
1	Citation	1
2	Commencement	1
3	Definitions	1
3A	Savings and Transitional Rules	4
Division 2	Consumption threshold matters	4
4	Business premises—separate application of upper and lower consumption thresholds	4
5	Business premises—aggregated application of upper consumption thresholds by agreement	5
Division 3	Classification of customers	6
6	Classification	6
7	Retailer initial classification of customers	6
8	Retailer reclassification of customers	6
9	Distributor initial classification of business customers	7
10	Distributor reclassification of business customers	7
11	Distributor classification and reclassification—requirements	8
Part 2	Customer retail contracts	9
Division 1	Standard retail contracts—terms and conditions generally	9
12	Model terms and conditions for standard retail contracts	9
13	Application of provisions of these Rules to standard retail contracts	9
Division 2	Market retail contracts—terms and conditions generally	9
14	Terms and conditions of market retail contracts	9
15	Application of provisions of these Rules to market retail contracts	9
Division 3	Customer retail contracts—pre-contractual procedures	10
16	Pre-contractual duty of retailers	10
17	Pre-contractual duty of distributors	10
18	Pre-contractual request to designated retailer for sale of energy (SRC)	11
19	Responsibilities of designated retailer in response to request for sale of energy (SRC)	12
Division 4	Customer retail contracts—billing	13
20	Basis for bills (SRC and MRC)	13
21	Estimation as basis for bills (SRC and MRC)	14
22	Proportionate billing (SRC and MRC)	15
23	Bill smoothing (SRC)	15
24	Frequency of bills (SRC)	16
25	Contents of bills (SRC and MRC)	17
26	Pay-by date (SRC)	18
27	Apportionment (SRC)	19
28	Historical billing information (SRC and MRC)	19
29	Billing disputes (SRC and MRC)	20
30	Undercharging (SRC and MRC)	21
31	Overcharging (SRC and MRC)	22
32	Payment methods (SRC and MRC)	23
33	Payment difficulties (SRC and MRC)	24
34	Shortened collection cycles (SRC and MRC)	25
35	Request for final bill (SRC)	27
Division 5	Tariff changes	27
36	Obligations on retailers (SRC)	27
37	Customer request for change of tariff (SRC)	28
38	Change in use (SRC)	28
Division 6	Customer retail contracts—security deposits	29
39	Consideration of credit history	29
40	Requirement for security deposit (SRC and MRC)	30
41	Payment of security deposit (SRC)	32
42	Amount of security deposit (SRC)	33
43	Interest on security deposit (SRC and MRC)	33
44	Use of security deposit (SRC)	34
45	Obligation to return security deposit (SRC)	35
Division 7	Market retail contracts—particular requirements	36
45A	Definitions	36
46	Tariffs and charges	37
46A	Explicit Informed Consent – Variation of tariffs, charges or benefits to the customer	37
47	Cooling off period and right of withdrawal—market retail contracts	37
48	Retailer notice of end of fixed term retail contract	38
48A	Retailer notice of benefit change - market retail contracts	39
48B	Benefit change notice guidelines	40
49	Termination of market retail contract	41
49A	Early termination charges	42
50	Small customer complaints and dispute resolution information	43
51	Liabilities and immunities	43
52	Indemnities	43
Division 8	Deemed customer retail arrangements	44
53	Obligations of retailers	44
54	Formation of standard retail contract on incomplete request	44
Division 9	Other retailer obligations	44
55	Referral to interpreter services	44
56	Provision of information to customers	45
56A	Energy consumption information - supply of electricity only	45
56B	Historical billing and energy consumption information - supply of electricity only	46
57	Retailer obligations in relation to customer transfer	46
57A	Retailer obligations in relation to correction of transfers without consent	47
58	Notice to small customers on transfer	49
59	Notice to small customers where transfer delayed	49
59A	Notice to small customers on deployment of new electricity meters (SRC and MRC)	49
Division 9A	Retailer interruption to supply - electricity	51
59B	Definitions	51
59C	Retailer interruption to supply – electricity (SRC and MRC)	52
Division 10	Energy marketing	53
Subdivision 1	Preliminary	53
60	Application of Division	53
Subdivision 2	Providing information to small customers	53
61	Overview of this Subdivision	53
62	Requirement for and timing of disclosure to small customers	53
63	Form of disclosure to small customers	54
64	Required information	54
Subdivision 3	Energy marketing activities	55
65	No contact lists	55
66	No canvassing or advertising signs	55
67	Duty of retailer to ensure compliance	55
68	Record keeping	55
Division 11	Miscellaneous	56
69	Compliance by small customer who is not owner of premises	56
70	Termination of standard retail contract (SRC)	56
Part 3	Customer hardship	59
71	Obligation of retailer to communicate customer hardship policy	59
72	Payment plans	59
73	Waiver of late payment fee for hardship customer	60
74	Payment by Centrepay (SRC and MRC)	60
75	Hardship program indicators	60
76	Waiver of debt for hardship customer	61
Part 4	Relationship between distributors and customers	62
Division 1	Preliminary	62
77	Application of this Part	62
78	Variation or exclusion of provisions of this Part by deemed AER approved standard connection contracts	62
Division 2	Customer connection services	62
79	Application for customer connection services	62
80	Provision of information to customers	63
Division 3	Deemed standard connection contracts	64
81	Model terms and conditions for deemed standard connection contracts	64
Division 4	Negotiated connection contracts	64
82	Small customer complaints and dispute resolution information	64
83	Liabilities and immunities	65
Division 5	Distributor obligations to customers	65
84	Distributor service standards and GSL schemes	65
85	Fault reporting and correction	65
86A	Provision of information - supply of electricity	65
86B	Provision of information - supply of gas	66
87	Referral to interpreter services	66
Division 6	Distributor interruption to supply	66
88	Definitions	66
89	Distributor’s right to interrupt supply	67
90	Distributor planned interruptions	67
91	Unplanned interruptions	68
91A	Metering coordinator and distributor to assist and cooperate - electricity	68
Division 7	Miscellaneous	69
92	Compliance by small customer who is not owner of premises	69
Part 5	Relationship between distributors and retailers—retail support obligations	70
Division 1	Preliminary	70
93	Application of this Part	70
Division 2	Assistance and cooperation	70
94	Assistance and cooperation	70
Division 3	Information requirements	70
95	Information about applicable tariffs, connection related information and other information	70
96	Requirements for information	71
97	Distributor and retailer contact details	71
98	Contact details for customers	71
99	Information on distributor planned interruptions	71
99A	Information on retailer planned interruptions – electricity	72
100	Information on unplanned interruptions	73
Division 4	Shared customer enquiries and complaints	73
101	Enquiries or complaints relating to the retailer	73
102	Enquiries or complaints relating to the distributor	74
Division 5	De-energisation and re-energisation of shared customer’s premises	74
103	De-energisation of premises by the distributor	74
104	Notification of de-energisation	75
105	Liability for ongoing charges	75
106	Re-energisation - gas	75
106A	Re-energisation - electricity	75
Part 6	De-energisation (or disconnection) of premises—small customers	77
Division 1	Preliminary	77
107	Application of this Part	77
108	Definitions	77
109	Reminder notices—retailers	78
110	Disconnection warning notices—retailers and distributors	78
Division 2	Retailer-initiated de-energisation of premises	79
111	De-energisation for not paying bill	79
112	De-energisation for not paying security deposit	81
113	De-energisation for denying access to meter	81
114	De-energisation for illegally using energy	82
115	De-energisation for non-notification by move-in or carry-over customers	83
116	When retailer must not arrange de-energisation	83
117	Timing of de-energisation where dual fuel contract	85
118	Request for de-energisation	85
Division 3	Distributor de-energisation of premises	86
119	Grounds for de-energisation	86
120	When distributor must not de-energise premises	87
Division 4	Re-energisation of premises	88
121	Obligation on retailer to arrange re-energisation of premises	88
122	Obligation on distributor to re-energise premises	89
Part 7	Life support equipment	90
123	Application of this Part	90
124	Retailer obligations	90
124A	Registration details kept by retailer	91
125	Distributor obligations	91
126	Registration details kept by distributor	92
Part 8	Prepayment meter systems	94
127	Definitions	94
128	Disclosure requirements at energy marketing stage	94
129	System requirements	95
130	Trial period	96
131	Operating instructions to be provided	97
132	Consumption information to be provided	98
133	Limitation on recovery of debt	98
134	Credit retrieval	99
135	System testing	99
136	Overcharging	100
137	Undercharging	101
138	Illegal energy use	102
139	Life support equipment	102
140	Customer enquiries and complaints	102
141	Payment difficulties and hardship	103
142	Payment towards prepayment meter system account	104
143	Tariffs and charges	104
144	Billing for other goods and services	105
145	Customer termination of contract or request for removal	106
146	Different retailer	106
147	Deemed customer retail arrangements	107
Part 9	Exempt selling regime	110
Division 1	Preliminary	110
148	Definitions	110
Division 2	AER power to exempt	110
149	Individual exemptions	110
150	Deemed exemptions	110
151	Registrable exemptions and registered exemptions	110
152	Conditions generally	111
153	Conditions for deemed exemptions and registered exemptions	111
Division 3	AER Exempt Selling Guidelines	112
154	AER Exempt Selling Guidelines	112
Division 4	Provisions relating to individual exemptions	113
155	Application for individual exemption or variation of individual exemption	113
156	Public notice and submissions	113
157	Deciding application	114
158	Conditions for individual exemptions	114
159	Form of energy to be specified	114
160	Notice of decision to grant application	115
161	Deemed refusal	115
162	Issue and public notice of individual exemption	115
163	Notice of refusal	116
Division 5	Public Register of Authorised Retailers and Exempt Sellers	116
164	Public Register of Authorised Retailers and Exempt Sellers	116
Part 10	Retail market performance reports	117
165	Purpose of this Part	117
166	Contents of retail market performance report—retail market overview	117
167	Contents of retail market performance report—retail market activities report	117
Part 11	Customer retail contracts—electricity consumption benchmarks	119
168	Purpose of this Part	119
169	AER administration of electricity consumption benchmarks	119
170	Retailer obligations—electricity consumption benchmarks	120
171	Distributor obligations—electricity consumption information	120
Part 12	National energy retail consultation	121
172	Customer Consultative Group	121
173	Retail consultation procedure	121
Schedule 1	Model terms and conditions for standard retail contracts	123
Schedule 2	Model terms and conditions for deemed standard connection contracts	141
Schedule 3	Savings and Transitional Rules	158
Part 1	Transitional Rules—NSW gas distributors	158
Division 1	Application and definitions	158
1	Application	158
2	Definitions	158
Division 2	Interim deemed standard connection contract	159
3	Required Alterations	159
4	Inconsistency with access arrangements and reference services agreements	159
5	Retailer interface	160
Division 3	Deemed and existing contractual arrangements with customers and NSW gas distributors	160
6	Formation of interim deemed standard connection connect contracts on start date	160
7	Existing contracts with large customers	160
Division 4	Transitional arrangements after the expiry date	161
8	Deemed standard connection contract to replace interim contract	161
Part 2	Transitional Rules —ACT gas distributor	161
Division 1	Application and definitions	161
1	Application	161
2	Definitions	161
Division 2	Interim deemed standard connection contract	162
3	Required Alterations	162
4	Retailer interface	162
Division 3	Deemed and existing contractual arrangements with customers and ACT gas distributors	163
5	Formation of interim deemed standard connection connect contracts on start date	163
6	Existing contracts with large customers	163
Division 4	Transitional arrangements after the expiry date	163
7	Deemed standard connection contract to replace interim contract	163
Part 3	Billing-related transitional rules	163
1	Definitions	163
2	Bill smoothing arrangement (Rule 23 NERR)	164
3	Bill frequency (Rule 24)	164
4	Undercharging (Rule 30)	164
5	Overcharging (Rule 31 NERR)	165
6	Payment methods (Rule 32 NERR)	165
7	Shortened collection cycles (Rule 34 NERR)	165
8	Enforcement of payment	166
Part 4	Miscellaneous transitional rules—initial NERR	166
1	Definitions	166
2	Life support arrangements	166
3	Classification of customers	167
4	Existing aggregation arrangements (Rule 5 NERR)	167
5	Energy consumption benchmarks	167
6	Electricity consumption benchmarks not to apply in NSW	167
7	Interim bill benchmarks where legacy billing arrangements	167
8	Application of start and end meter reads on small customer bills	168
Part 5	Rules consequential on the making of National Energy Retail Amendment (Customer access to information about their consumption) Rule 2014	168
1	Definitions	168
2	Variation date	168
3	Effective date	168
Part 6	Rules consequential on the making of the National Energy Retail Amendment (Expanding competition in metering and related services) Rule 2015	169
1	Definitions	169
2	Variation Date	169
Part 7	Rules consequential on the making of the National Energy Retail Amendment (Improving the accuracy of customer transfers) Rule 2017	169
1	Definitions	169
2	Retail Market Procedures	169
Part 8	Rules consequential on the making of the National Energy Retail Amendment (Notification of end of fixed benefit period) Rule 2017	170
1	Definitions	170
2	Benefit change notice guidelines	170
3	Benefit change notice requirements	170
Part 9	Rules consequential on the making of the National Energy Retail Amendment (Strengthening protections for customers requiring life support equipment) Rule 2017	170
1	Definitions	170
2	Application of Part 7 of Rules during the transition period	172
3	Application of new Part 7 of Rules to existing life support customers	172
4	Variation date	174