National Energy Retail Rules Version 16

Historical Information

This version of the National Energy Retail Rules was current from 15 November 2018 to 31 January 2019.

National Energy Retail Rules Version 16
Status Information
This is the latest electronically available version of the National Energy Retail Rules as at 15 November 2018. 
This consolidated version of the National Energy Retail Rules was last updated on 15 November 2018 as a result of the commencement of the following amendments:
National Energy Retail Amendment (Strengthening protections for customers in hardship) Rule 2018 No. 6
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
70A	Definitions	61
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	64
75A	Customer hardship policy guideline	64
75B	Customer hardship policies	64
76	Waiver of debt for hardship customer	65
Part 4	Relationship between distributors and customers	66
Division 1	Preliminary	66
77	Application of this Part	66
78	Variation or exclusion of provisions of this Part by deemed AER approved standard connection contracts	66
Division 2	Customer connection services	66
79	Application for customer connection services	66
80	Provision of information to customers	67
Division 3	Deemed standard connection contracts	68
81	Model terms and conditions for deemed standard connection contracts	68
Division 4	Negotiated connection contracts	68
82	Small customer complaints and dispute resolution information	68
83	Liabilities and immunities	69
Division 5	Distributor obligations to customers	69
84	Distributor service standards and GSL schemes	69
85	Fault reporting and correction	69
86A	Provision of information - supply of electricity	69
86B	Provision of information - supply of gas	70
87	Referral to interpreter services	70
Division 6	Distributor interruption to supply	70
88	Definitions	70
89	Distributor’s right to interrupt supply	71
90	Distributor planned interruptions	71
91	Unplanned interruptions	72
91A	Metering coordinator and distributor to assist and cooperate - electricity	72
Division 7	Miscellaneous	73
92	Compliance by small customer who is not owner of premises	73
Part 5	Relationship between distributors and retailers—retail support obligations	74
Division 1	Preliminary	74
93	Application of this Part	74
Division 2	Assistance and cooperation	74
94	Assistance and cooperation	74
Division 3	Information requirements	74
95	Information about applicable tariffs, connection related information and other information	74
96	Requirements for information	75
97	Distributor and retailer contact details	75
98	Contact details for customers	75
99	Information on distributor planned interruptions	75
99A	Information on retailer planned interruptions – electricity	76
100	Information on unplanned interruptions	77
Division 4	Shared customer enquiries and complaints	77
101	Enquiries or complaints relating to the retailer	77
102	Enquiries or complaints relating to the distributor	78
Division 5	De-energisation and re-energisation of shared customer’s premises	78
103	De-energisation of premises by the distributor	78
104	Notification of de-energisation	79
105	Liability for ongoing charges	79
106	Re-energisation - gas	79
106A	Re-energisation - electricity	79
Part 6	De-energisation (or disconnection) of premises—small customers	81
Division 1	Preliminary	81
107	Application of this Part	81
108	Definitions	81
109	Reminder notices—retailers	82
110	Disconnection warning notices—retailers and distributors	82
Division 2	Retailer-initiated de-energisation of premises	83
111	De-energisation for not paying bill	83
112	De-energisation for not paying security deposit	85
113	De-energisation for denying access to meter	85
114	De-energisation for illegally using energy	86
115	De-energisation for non-notification by move-in or carry-over customers	87
116	When retailer must not arrange de-energisation	87
117	Timing of de-energisation where dual fuel market contract	89
118	Request for de-energisation	89
Division 3	Distributor de-energisation of premises	90
119	Grounds for de-energisation	90
120	When distributor must not de-energise premises	91
Division 4	Re-energisation of premises	92
121	Obligation on retailer to arrange re-energisation of premises	92
122	Obligation on distributor to re-energise premises	93
Part 7	Life support equipment	94
123	Application of this Part	94
124	Retailer obligations	94
124A	Registration details kept by retailer	95
125	Distributor obligations	95
126	Registration details kept by distributor	96
Part 8	Prepayment meter systems	98
127	Definitions	98
128	Disclosure requirements at energy marketing stage	98
129	System requirements	99
130	Trial period	100
131	Operating instructions to be provided	101
132	Consumption information to be provided	102
133	Limitation on recovery of debt	102
134	Credit retrieval	103
135	System testing	103
136	Overcharging	104
137	Undercharging	105
138	Illegal energy use	106
139	Life support equipment	106
140	Customer enquiries and complaints	106
141	Payment difficulties and hardship	107
142	Payment towards prepayment meter system account	108
143	Tariffs and charges	108
144	Billing for other goods and services	109
145	Customer termination of contract or request for removal	110
146	Different retailer	110
147	Deemed customer retail arrangements	111
Part 9	Exempt selling regime	114
Division 1	Preliminary	114
148	Definitions	114
Division 2	AER power to exempt	114
149	Individual exemptions	114
150	Deemed exemptions	114
151	Registrable exemptions and registered exemptions	114
152	Conditions generally	115
153	Conditions for deemed exemptions and registered exemptions	115
Division 3	AER Exempt Selling Guidelines	116
154	AER Exempt Selling Guidelines	116
Division 4	Provisions relating to individual exemptions	117
155	Application for individual exemption or variation of individual exemption	117
156	Public notice and submissions	117
157	Deciding application	118
158	Conditions for individual exemptions	118
159	Form of energy to be specified	118
160	Notice of decision to grant application	119
161	Deemed refusal	119
162	Issue and public notice of individual exemption	119
163	Notice of refusal	120
Division 5	Public Register of Authorised Retailers and Exempt Sellers	120
164	Public Register of Authorised Retailers and Exempt Sellers	120
Part 10	Retail market performance reports	121
165	Purpose of this Part	121
166	Contents of retail market performance report—retail market overview	121
167	Contents of retail market performance report—retail market activities report	121
Part 11	Customer retail contracts—electricity consumption benchmarks	123
168	Purpose of this Part	123
169	AER administration of electricity consumption benchmarks	123
170	Retailer obligations—electricity consumption benchmarks	124
171	Distributor obligations—electricity consumption information	124
Part 12	National energy retail consultation	125
172	Customer Consultative Group	125
173	Retail consultation procedure	125
Schedule 1	Model terms and conditions for standard retail contracts	127
Schedule 2	Model terms and conditions for deemed standard connection contracts	145
Schedule 3	Savings and Transitional Rules	162
Part 1	Transitional Rules—NSW gas distributors	162
Division 1	Application and definitions	162
1	Application	162
2	Definitions	162
Division 2	Interim deemed standard connection contract	163
3	Required Alterations	163
4	Inconsistency with access arrangements and reference services agreements	163
5	Retailer interface	164
Division 3	Deemed and existing contractual arrangements with customers and NSW gas distributors	164
6	Formation of interim deemed standard connection connect contracts on start date	164
7	Existing contracts with large customers	164
Division 4	Transitional arrangements after the expiry date	165
8	Deemed standard connection contract to replace interim contract	165
Part 2	Transitional Rules —ACT gas distributor	165
Division 1	Application and definitions	165
1	Application	165
2	Definitions	165
Division 2	Interim deemed standard connection contract	166
3	Required Alterations	166
4	Retailer interface	166
Division 3	Deemed and existing contractual arrangements with customers and ACT gas distributors	167
5	Formation of interim deemed standard connection connect contracts on start date	167
6	Existing contracts with large customers	167
Division 4	Transitional arrangements after the expiry date	167
7	Deemed standard connection contract to replace interim contract	167
Part 3	Billing-related transitional rules	167
1	Definitions	167
2	Bill smoothing arrangement (Rule 23 NERR)	168
3	Bill frequency (Rule 24)	168
4	Undercharging (Rule 30)	168
5	Overcharging (Rule 31 NERR)	169
6	Payment methods (Rule 32 NERR)	169
7	Shortened collection cycles (Rule 34 NERR)	169
8	Enforcement of payment	170
Part 4	Miscellaneous transitional rules—initial NERR	170
1	Definitions	170
2	Life support arrangements	170
3	Classification of customers	171
4	Existing aggregation arrangements (Rule 5 NERR)	171
5	Energy consumption benchmarks	171
6	Electricity consumption benchmarks not to apply in NSW	171
7	Interim bill benchmarks where legacy billing arrangements	171
8	Application of start and end meter reads on small customer bills	172
Part 5	Rules consequential on the making of National Energy Retail Amendment (Customer access to information about their consumption) Rule 2014	172
1	Definitions	172
2	Variation date	172
3	Effective date	172
Part 6	Rules consequential on the making of the National Energy Retail Amendment (Expanding competition in metering and related services) Rule 2015	173
1	Definitions	173
2	Variation Date	173
Part 7	Rules consequential on the making of the National Energy Retail Amendment (Improving the accuracy of customer transfers) Rule 2017	173
1	Definitions	173
2	Retail Market Procedures	173
Part 8	Rules consequential on the making of the National Energy Retail Amendment (Notification of end of fixed benefit period) Rule 2017	174
1	Definitions	174
2	Benefit change notice guidelines	174
3	Benefit change notice requirements	174
Part 9	Rules consequential on the making of the National Energy Retail Amendment (Strengthening protections for customers requiring life support equipment) Rule 2017	174
1	Definitions	174
2	Application of Part 7 of Rules during the transition period	176
3	Application of new Part 7 of Rules to existing life support customers	176
4	Variation date	178
Part 10	Rules consequential on the making of the National Energy Retail Amendment (Advance notice of price changes) Rule 2018	178
1	Definitions	178
2	Variation date	178
Part 11	Rules consequential on the making of the National Energy Retail Amendment (Strengthening protections for customers in hardship) Rule 2018	179
1	Definitions	179
2	The first customer hardship policy guideline	179
3	Application of new rules 75A and 75B to customer hardship policies	179
4	AER approval of updated customer hardship policy	180