National Energy Retail Rules Version 11

Historical Information

This version of the National Energy Retail Rules was current from 1 February 2018 to 9 April 2018.

National Energy Retail Rules Version 11
Status Information
This is the latest electronically available version of the National Energy Retail Rules as at 1 February 2018. 
This consolidated version of the National Energy Retail Rules was last updated on 1 February 2018 as a result of the commencement of the following amendments:
Schedule 1 of National Energy Retail Amendment (Notification of end of fixed benefit period) Rule 2017 No. 2
Schedule 3 of National Energy Retail Amendment (Strengthening protections for customers requiring life support equipment) Rule 2017 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 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	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	52
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	53
64	Required information	53
Subdivision 3	Energy marketing activities	54
65	No contact lists	54
66	No canvassing or advertising signs	55
67	Duty of retailer to ensure compliance	55
68	Record keeping	55
Division 11	Miscellaneous	55
69	Compliance by small customer who is not owner of premises	55
70	Termination of standard retail contract (SRC)	56
Part 3	Customer hardship	58
71	Obligation of retailer to communicate customer hardship policy	58
72	Payment plans	58
73	Waiver of late payment fee for hardship customer	59
74	Payment by Centrepay (SRC and MRC)	59
75	Hardship program indicators	59
76	Waiver of debt for hardship customer	60
Part 4	Relationship between distributors and customers	61
Division 1	Preliminary	61
77	Application of this Part	61
78	Variation or exclusion of provisions of this Part by deemed AER approved standard connection contracts	61
Division 2	Customer connection services	61
79	Application for customer connection services	61
80	Provision of information to customers	62
Division 3	Deemed standard connection contracts	63
81	Model terms and conditions for deemed standard connection contracts	63
Division 4	Negotiated connection contracts	63
82	Small customer complaints and dispute resolution information	63
83	Liabilities and immunities	64
Division 5	Distributor obligations to customers	64
84	Distributor service standards and GSL schemes	64
85	Fault reporting and correction	64
86A	Provision of information - supply of electricity	64
86B	Provision of information - supply of gas	65
87	Referral to interpreter services	65
Division 6	Distributor interruption to supply	65
88	Definitions	65
89	Distributor’s right to interrupt supply	66
90	Distributor planned interruptions	66
91	Unplanned interruptions	67
91A	Metering coordinator and distributor to assist and cooperate - electricity	67
Division 7	Miscellaneous	68
92	Compliance by small customer who is not owner of premises	68
Part 5	Relationship between distributors and retailers—retail support obligations	69
Division 1	Preliminary	69
93	Application of this Part	69
Division 2	Assistance and cooperation	69
94	Assistance and cooperation	69
Division 3	Information requirements	69
95	Information about applicable tariffs, connection related information and other information	69
96	Requirements for information	70
97	Distributor and retailer contact details	70
98	Contact details for customers	70
99	Information on distributor planned interruptions	70
99A	Information on retailer planned interruptions – electricity	71
100	Information on unplanned interruptions	71
Division 4	Shared customer enquiries and complaints	72
101	Enquiries or complaints relating to the retailer	72
102	Enquiries or complaints relating to the distributor	73
Division 5	De-energisation and re-energisation of shared customer’s premises	73
103	De-energisation of premises by the distributor	73
104	Notification of de-energisation	73
105	Liability for ongoing charges	74
106	Re-energisation - gas	74
106A	Re-energisation - electricity	74
Part 6	De-energisation (or disconnection) of premises—small customers	76
Division 1	Preliminary	76
107	Application of this Part	76
108	Definitions	76
109	Reminder notices—retailers	77
110	Disconnection warning notices—retailers and distributors	77
Division 2	Retailer-initiated de-energisation of premises	78
111	De-energisation for not paying bill	78
112	De-energisation for not paying security deposit	80
113	De-energisation for denying access to meter	80
114	De-energisation for illegally using energy	81
115	De-energisation for non-notification by move-in or carry-over customers	82
116	When retailer must not arrange de-energisation	82
117	Timing of de-energisation where dual fuel contract	84
118	Request for de-energisation	84
Division 3	Distributor de-energisation of premises	85
119	Grounds for de-energisation	85
120	When distributor must not de-energise premises	86
Division 4	Re-energisation of premises	87
121	Obligation on retailer to arrange re-energisation of premises	87
122	Obligation on distributor to re-energise premises	88
Part 7	Life support equipment	89
123	Application of this Part	89
124	Retailer obligations	89
124A	Registration details kept by retailer	90
125	Distributor obligations	90
126	Registration details kept by distributor	91
Part 8	Prepayment meter systems	93
127	Definitions	93
128	Disclosure requirements at energy marketing stage	93
129	System requirements	94
130	Trial period	95
131	Operating instructions to be provided	96
132	Consumption information to be provided	97
133	Limitation on recovery of debt	97
134	Credit retrieval	98
135	System testing	98
136	Overcharging	99
137	Undercharging	100
138	Illegal energy use	101
139	Life support equipment	101
140	Customer enquiries and complaints	101
141	Payment difficulties and hardship	102
142	Payment towards prepayment meter system account	103
143	Tariffs and charges	103
144	Billing for other goods and services	104
145	Customer termination of contract or request for removal	105
146	Different retailer	105
147	Deemed customer retail arrangements	106
Part 9	Exempt selling regime	109
Division 1	Preliminary	109
148	Definitions	109
Division 2	AER power to exempt	109
149	Individual exemptions	109
150	Deemed exemptions	109
151	Registrable exemptions and registered exemptions	109
152	Conditions generally	110
153	Conditions for deemed exemptions and registered exemptions	110
Division 3	AER Exempt Selling Guidelines	111
154	AER Exempt Selling Guidelines	111
Division 4	Provisions relating to individual exemptions	112
155	Application for individual exemption or variation of individual exemption	112
156	Public notice and submissions	112
157	Deciding application	113
158	Conditions for individual exemptions	113
159	Form of energy to be specified	113
160	Notice of decision to grant application	114
161	Deemed refusal	114
162	Issue and public notice of individual exemption	114
163	Notice of refusal	115
Division 5	Public Register of Authorised Retailers and Exempt Sellers	115
164	Public Register of Authorised Retailers and Exempt Sellers	115
Part 10	Retail market performance reports	116
165	Purpose of this Part	116
166	Contents of retail market performance report—retail market overview	116
167	Contents of retail market performance report—retail market activities report	116
Part 11	Customer retail contracts—electricity consumption benchmarks	118
168	Purpose of this Part	118
169	AER administration of electricity consumption benchmarks	118
170	Retailer obligations—electricity consumption benchmarks	119
171	Distributor obligations—electricity consumption information	119
Part 12	National energy retail consultation	120
172	Customer Consultative Group	120
173	Retail consultation procedure	120
Schedule 1	Model terms and conditions for standard retail contracts	122
Schedule 2	Model terms and conditions for deemed standard connection contracts	140
Schedule 3	Savings and Transitional Rules	157
Part 1	Transitional Rules—NSW gas distributors	157
Division 1	Application and definitions	157
1	Application	157
2	Definitions	157
Division 2	Interim deemed standard connection contract	158
3	Required Alterations	158
4	Inconsistency with access arrangements and reference services agreements	158
5	Retailer interface	159
Division 3	Deemed and existing contractual arrangements with customers and NSW gas distributors	159
6	Formation of interim deemed standard connection connect contracts on start date	159
7	Existing contracts with large customers	159
Division 4	Transitional arrangements after the expiry date	160
8	Deemed standard connection contract to replace interim contract	160
Part 2	Transitional Rules —ACT gas distributor	160
Division 1	Application and definitions	160
1	Application	160
2	Definitions	160
Division 2	Interim deemed standard connection contract	161
3	Required Alterations	161
4	Retailer interface	161
Division 3	Deemed and existing contractual arrangements with customers and ACT gas distributors	162
5	Formation of interim deemed standard connection connect contracts on start date	162
6	Existing contracts with large customers	162
Division 4	Transitional arrangements after the expiry date	162
7	Deemed standard connection contract to replace interim contract	162
Part 3	Billing-related transitional rules	162
1	Definitions	162
2	Bill smoothing arrangement (Rule 23 NERR)	163
3	Bill frequency (Rule 24)	163
4	Undercharging (Rule 30)	163
5	Overcharging (Rule 31 NERR)	164
6	Payment methods (Rule 32 NERR)	164
7	Shortened collection cycles (Rule 34 NERR)	164
8	Enforcement of payment	165
Part 4	Miscellaneous transitional rules—initial NERR	165
1	Definitions	165
2	Life support arrangements	165
3	Classification of customers	166
4	Existing aggregation arrangements (Rule 5 NERR)	166
5	Energy consumption benchmarks	166
6	Electricity consumption benchmarks not to apply in NSW	166
7	Interim bill benchmarks where legacy billing arrangements	166
8	Application of start and end meter reads on small customer bills	167
Part 5	Rules consequential on the making of National Energy Retail Amendment (Customer access to information about their consumption) Rule 2014	167
1	Definitions	167
2	Variation date	167
3	Effective date	167
Part 6	Rules consequential on the making of the National Energy Retail Amendment (Expanding competition in metering and related services) Rule 2015	168
1	Definitions	168
2	Variation Date	168
Part 7	Rules consequential on the making of the National Energy Retail Amendment (Improving the accuracy of customer transfers) Rule 2017	168
1	Definitions	168
2	Retail Market Procedures	168
Part 8	Rules consequential on the making of the National Energy Retail Amendment (Notification of end of fixed benefit period) Rule 2017	169
1	Definitions	169
2	Benefit change notice guidelines	169
3	Benefit change notice requirements	169
Part 9	Rules consequential on the making of the National Energy Retail Amendment (Strengthening protections for customers requiring life support equipment) Rule 2017	169
1	Definitions	169
2	Application of Part 7 of Rules during the transition period	171
3	Application of new Part 7 of Rules to existing life support customers	171
4	Variation date	173