National Energy Retail Rules Version 14

Historical Information

This version of the National Energy Retail Rules was current from 4 October 2018 to 8 November 2018.

National Energy Retail Rules Version 14
Status Information
This is the latest electronically available version of the National Energy Retail Rules as at 4 October 2018. 
This consolidated version of the National Energy Retail Rules was last updated on 4 October 2018 as a result of the commencement of the following amendments:
Schedule 2 of the National Energy Retail Amendment (Advance notice of price changes) Rule 2018 No. 3
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 commence 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.
Schedule 1 of the National Energy Retail Amendment (Advance notice of price changes) Rule 2018 No. 3 commences operation on 1 February 2019.

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	5
4	Business premises—separate application of upper and lower consumption thresholds	5
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	7
9	Distributor initial classification of business customers	7
10	Distributor reclassification of business customers	8
11	Distributor classification and reclassification—requirements	8
Part 2	Customer retail contracts	10
Division 1	Standard retail contracts—terms and conditions generally	10
12	Model terms and conditions for standard retail contracts	10
13	Application of provisions of these Rules to standard retail contracts	10
Division 2	Market retail contracts—terms and conditions generally	10
14	Terms and conditions of market retail contracts	10
15	Application of provisions of these Rules to market retail contracts	10
Division 3	Customer retail contracts—pre-contractual procedures	11
16	Pre-contractual duty of retailers	11
17	Pre-contractual duty of distributors	11
18	Pre-contractual request to designated retailer for sale of energy (SRC)	12
19	Responsibilities of designated retailer in response to request for sale of energy (SRC)	13
Division 4	Customer retail contracts—billing	14
20	Basis for bills (SRC and MRC)	14
21	Estimation as basis for bills (SRC and MRC)	15
22	Proportionate billing (SRC and MRC)	16
23	Bill smoothing (SRC)	16
24	Frequency of bills (SRC)	17
25	Contents of bills (SRC and MRC)	18
26	Pay-by date (SRC)	19
27	Apportionment (SRC)	20
28	Historical billing information (SRC and MRC)	20
29	Billing disputes (SRC and MRC)	21
30	Undercharging (SRC and MRC)	22
31	Overcharging (SRC and MRC)	23
32	Payment methods (SRC and MRC)	24
33	Payment difficulties (SRC and MRC)	25
34	Shortened collection cycles (SRC and MRC)	26
35	Request for final bill (SRC)	28
Division 5	Tariff changes	28
36	Obligations on retailers (SRC)	28
37	Customer request for change of tariff (SRC)	29
38	Change in use (SRC)	29
Division 6	Customer retail contracts—security deposits	30
39	Consideration of credit history	30
40	Requirement for security deposit (SRC and MRC)	31
41	Payment of security deposit (SRC)	33
42	Amount of security deposit (SRC)	34
43	Interest on security deposit (SRC and MRC)	34
44	Use of security deposit (SRC)	35
45	Obligation to return security deposit (SRC)	36
Division 7	Market retail contracts—particular requirements	37
45A	Definitions	37
46	Tariffs and charges	38
46A	Explicit Informed Consent – Variation of tariffs, charges or benefits to the customer	38
46B	Energy rates – discounting practices	39
47	Cooling off period and right of withdrawal—market retail contracts	40
48	Retailer notice of end of fixed term retail contract	41
48A	Retailer notice of benefit change - market retail contracts	42
48B	Benefit change notice guidelines	43
49	Termination of market retail contract	44
49A	Early termination charges	45
50	Small customer complaints and dispute resolution information	45
51	Liabilities and immunities	46
52	Indemnities	46
Division 8	Deemed customer retail arrangements	47
53	Obligations of retailers	47
54	Formation of standard retail contract on incomplete request	47
Division 9	Other retailer obligations	47
55	Referral to interpreter services	47
56	Provision of information to customers	48
56A	Energy consumption information - supply of electricity only	48
56B	Historical billing and energy consumption information - supply of electricity only	49
57	Retailer obligations in relation to customer transfer	49
57A	Retailer obligations in relation to correction of transfers without consent	50
58	Notice to small customers on transfer	52
59	Notice to small customers where transfer delayed	52
59A	Notice to small customers on deployment of new electricity meters (SRC and MRC)	52
Division 9A	Retailer interruption to supply - electricity	54
59B	Definitions	54
59C	Retailer interruption to supply – electricity (SRC and MRC)	55
Division 10	Energy marketing	56
Subdivision 1	Preliminary	56
60	Application of Division	56
Subdivision 2	Providing information to small customers	56
61	Overview of this Subdivision	56
62	Requirement for and timing of disclosure to small customers	56
63	Form of disclosure to small customers	57
64	Required information	57
Subdivision 3	Energy marketing activities	58
65	No contact lists	58
66	No canvassing or advertising signs	58
67	Duty of retailer to ensure compliance	58
68	Record keeping	58
Division 11	Miscellaneous	59
69	Compliance by small customer who is not owner of premises	59
70	Termination of standard retail contract (SRC)	59
Part 3	Customer hardship	62
71	Obligation of retailer to communicate customer hardship policy	62
72	Payment plans	62
73	Waiver of late payment fee for hardship customer	63
74	Payment by Centrepay (SRC and MRC)	63
75	Hardship program indicators	63
76	Waiver of debt for hardship customer	64
Part 4	Relationship between distributors and customers	65
Division 1	Preliminary	65
77	Application of this Part	65
78	Variation or exclusion of provisions of this Part by deemed AER approved standard connection contracts	65
Division 2	Customer connection services	65
79	Application for customer connection services	65
80	Provision of information to customers	66
Division 3	Deemed standard connection contracts	67
81	Model terms and conditions for deemed standard connection contracts	67
Division 4	Negotiated connection contracts	67
82	Small customer complaints and dispute resolution information	67
83	Liabilities and immunities	68
Division 5	Distributor obligations to customers	68
84	Distributor service standards and GSL schemes	68
85	Fault reporting and correction	68
86A	Provision of information - supply of electricity	68
86B	Provision of information - supply of gas	69
87	Referral to interpreter services	69
Division 6	Distributor interruption to supply	69
88	Definitions	69
89	Distributor’s right to interrupt supply	70
90	Distributor planned interruptions	70
91	Unplanned interruptions	71
91A	Metering coordinator and distributor to assist and cooperate - electricity	71
Division 7	Miscellaneous	72
92	Compliance by small customer who is not owner of premises	72
Part 5	Relationship between distributors and retailers—retail support obligations	73
Division 1	Preliminary	73
93	Application of this Part	73
Division 2	Assistance and cooperation	73
94	Assistance and cooperation	73
Division 3	Information requirements	73
95	Information about applicable tariffs, connection related information and other information	73
96	Requirements for information	74
97	Distributor and retailer contact details	74
98	Contact details for customers	74
99	Information on distributor planned interruptions	74
99A	Information on retailer planned interruptions – electricity	75
100	Information on unplanned interruptions	76
Division 4	Shared customer enquiries and complaints	76
101	Enquiries or complaints relating to the retailer	76
102	Enquiries or complaints relating to the distributor	77
Division 5	De-energisation and re-energisation of shared customer’s premises	77
103	De-energisation of premises by the distributor	77
104	Notification of de-energisation	78
105	Liability for ongoing charges	78
106	Re-energisation - gas	78
106A	Re-energisation - electricity	78
Part 6	De-energisation (or disconnection) of premises—small customers	80
Division 1	Preliminary	80
107	Application of this Part	80
108	Definitions	80
109	Reminder notices—retailers	81
110	Disconnection warning notices—retailers and distributors	81
Division 2	Retailer-initiated de-energisation of premises	82
111	De-energisation for not paying bill	82
112	De-energisation for not paying security deposit	84
113	De-energisation for denying access to meter	84
114	De-energisation for illegally using energy	85
115	De-energisation for non-notification by move-in or carry-over customers	86
116	When retailer must not arrange de-energisation	86
117	Timing of de-energisation where dual fuel market contract	88
118	Request for de-energisation	88
Division 3	Distributor de-energisation of premises	89
119	Grounds for de-energisation	89
120	When distributor must not de-energise premises	90
Division 4	Re-energisation of premises	91
121	Obligation on retailer to arrange re-energisation of premises	91
122	Obligation on distributor to re-energise premises	92
Part 7	Life support equipment	93
123	Application of this Part	93
124	Retailer obligations	93
124A	Registration details kept by retailer	94
125	Distributor obligations	94
126	Registration details kept by distributor	95
Part 8	Prepayment meter systems	97
127	Definitions	97
128	Disclosure requirements at energy marketing stage	97
129	System requirements	98
130	Trial period	99
131	Operating instructions to be provided	100
132	Consumption information to be provided	101
133	Limitation on recovery of debt	101
134	Credit retrieval	102
135	System testing	102
136	Overcharging	103
137	Undercharging	104
138	Illegal energy use	105
139	Life support equipment	105
140	Customer enquiries and complaints	105
141	Payment difficulties and hardship	106
142	Payment towards prepayment meter system account	107
143	Tariffs and charges	107
144	Billing for other goods and services	108
145	Customer termination of contract or request for removal	109
146	Different retailer	109
147	Deemed customer retail arrangements	110
Part 9	Exempt selling regime	113
Division 1	Preliminary	113
148	Definitions	113
Division 2	AER power to exempt	113
149	Individual exemptions	113
150	Deemed exemptions	113
151	Registrable exemptions and registered exemptions	113
152	Conditions generally	114
153	Conditions for deemed exemptions and registered exemptions	114
Division 3	AER Exempt Selling Guidelines	115
154	AER Exempt Selling Guidelines	115
Division 4	Provisions relating to individual exemptions	116
155	Application for individual exemption or variation of individual exemption	116
156	Public notice and submissions	116
157	Deciding application	117
158	Conditions for individual exemptions	117
159	Form of energy to be specified	117
160	Notice of decision to grant application	118
161	Deemed refusal	118
162	Issue and public notice of individual exemption	118
163	Notice of refusal	119
Division 5	Public Register of Authorised Retailers and Exempt Sellers	119
164	Public Register of Authorised Retailers and Exempt Sellers	119
Part 10	Retail market performance reports	120
165	Purpose of this Part	120
166	Contents of retail market performance report—retail market overview	120
167	Contents of retail market performance report—retail market activities report	120
Part 11	Customer retail contracts—electricity consumption benchmarks	122
168	Purpose of this Part	122
169	AER administration of electricity consumption benchmarks	122
170	Retailer obligations—electricity consumption benchmarks	123
171	Distributor obligations—electricity consumption information	123
Part 12	National energy retail consultation	124
172	Customer Consultative Group	124
173	Retail consultation procedure	124
Schedule 1	Model terms and conditions for standard retail contracts	126
Schedule 2	Model terms and conditions for deemed standard connection contracts	144
Schedule 3	Savings and Transitional Rules	161
Part 1	Transitional Rules—NSW gas distributors	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	Inconsistency with access arrangements and reference services agreements	162
5	Retailer interface	163
Division 3	Deemed and existing contractual arrangements with customers and NSW gas distributors	163
6	Formation of interim deemed standard connection connect contracts on start date	163
7	Existing contracts with large customers	163
Division 4	Transitional arrangements after the expiry date	164
8	Deemed standard connection contract to replace interim contract	164
Part 2	Transitional Rules —ACT gas distributor	164
Division 1	Application and definitions	164
1	Application	164
2	Definitions	164
Division 2	Interim deemed standard connection contract	165
3	Required Alterations	165
4	Retailer interface	165
Division 3	Deemed and existing contractual arrangements with customers and ACT gas distributors	166
5	Formation of interim deemed standard connection connect contracts on start date	166
6	Existing contracts with large customers	166
Division 4	Transitional arrangements after the expiry date	166
7	Deemed standard connection contract to replace interim contract	166
Part 3	Billing-related transitional rules	166
1	Definitions	166
2	Bill smoothing arrangement (Rule 23 NERR)	167
3	Bill frequency (Rule 24)	167
4	Undercharging (Rule 30)	167
5	Overcharging (Rule 31 NERR)	168
6	Payment methods (Rule 32 NERR)	168
7	Shortened collection cycles (Rule 34 NERR)	168
8	Enforcement of payment	169
Part 4	Miscellaneous transitional rules—initial NERR	169
1	Definitions	169
2	Life support arrangements	169
3	Classification of customers	170
4	Existing aggregation arrangements (Rule 5 NERR)	170
5	Energy consumption benchmarks	170
6	Electricity consumption benchmarks not to apply in NSW	170
7	Interim bill benchmarks where legacy billing arrangements	170
8	Application of start and end meter reads on small customer bills	171
Part 5	Rules consequential on the making of National Energy Retail Amendment (Customer access to information about their consumption) Rule 2014	171
1	Definitions	171
2	Variation date	171
3	Effective date	171
Part 6	Rules consequential on the making of the National Energy Retail Amendment (Expanding competition in metering and related services) Rule 2015	172
1	Definitions	172
2	Variation Date	172
Part 7	Rules consequential on the making of the National Energy Retail Amendment (Improving the accuracy of customer transfers) Rule 2017	172
1	Definitions	172
2	Retail Market Procedures	172
Part 8	Rules consequential on the making of the National Energy Retail Amendment (Notification of end of fixed benefit period) Rule 2017	173
1	Definitions	173
2	Benefit change notice guidelines	173
3	Benefit change notice requirements	173
Part 9	Rules consequential on the making of the National Energy Retail Amendment (Strengthening protections for customers requiring life support equipment) Rule 2017	173
1	Definitions	173
2	Application of Part 7 of Rules during the transition period	175
3	Application of new Part 7 of Rules to existing life support customers	175
4	Variation date	177
Part 10	Rules consequential on the making of the National Energy Retail Amendment (Advance notice of price changes) Rule 2018	177
1	Definitions	177
2	Variation date	177