National Energy Retail Rules Version 10

Historical Information

This version of the National Energy Retail Rules was current from 1 December 2017 to 31 January 2018.

National Energy Retail Rules Version 10
Status Information
This is the latest electronically available version of the National Energy Retail Rules as at 1 December 2017. 
This consolidated version of the National Energy Retail Rules was last updated on 1 December 2017 as a result of the commencement of the following amendments:
Schedules 1 and 2 of National Energy Retail Amendment (Expanding competition in metering and related services) Rule 2015 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:
Schedule 1 of the National Energy Retail Amendment (Notification of end of fixed benefit period) Rule 2017 No. 2 commences operation on 1 February 2018.

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