National Energy Retail Rules Version 17

Historical Information

This version of the National Energy Retail Rules was current from 1 February 2019 to 20 November 2019.

National Energy Retail Rules Version 17
Status Information
This is the latest electronically available version of the National Energy Retail Rules as at 1 February 2019.
This consolidated version of the National Energy Retail Rules was last updated on 1 February 2019 as a result of the commencement of the following amendments:
Schedules 1 and 2 of the National Energy Retail Amendment (Strengthening protections for customers requiring life support equipment) Rule 2017 No. 3
Schedule 2 of the National Energy Retail Amendment (Minor Changes) Rule 2018 No. 1
Schedule 1 of the National Energy Retail Amendment (Advance notice of price changes) Rule 2018 No. 3
National Energy Retail Amendment (Estimated meter reads) Rule 2018 No. 4
National Energy Retail Amendment (Metering installation timeframes) Rule 2018 No. 7
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:

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)	18
23	Bill smoothing (SRC)	18
24	Frequency of bills (SRC)	19
25	Contents of bills (SRC and MRC)	19
26	Pay-by date (SRC)	21
27	Apportionment (SRC)	21
28	Historical billing information (SRC and MRC)	22
29	Billing disputes (SRC and MRC)	22
30	Undercharging (SRC and MRC)	24
31	Overcharging (SRC and MRC)	25
32	Payment methods (SRC and MRC)	26
33	Payment difficulties (SRC and MRC)	27
34	Shortened collection cycles (SRC and MRC)	28
35	Request for final bill (SRC)	29
Division 5	Tariff changes	30
36	Obligations on retailers (SRC)	30
37	Customer request for change of tariff (SRC)	30
38	Change in use (SRC)	31
Division 6	Customer retail contracts—security deposits	32
39	Consideration of credit history	32
40	Requirement for security deposit (SRC and MRC)	32
41	Payment of security deposit (SRC)	35
42	Amount of security deposit (SRC)	35
43	Interest on security deposit (SRC and MRC)	36
44	Use of security deposit (SRC)	36
45	Obligation to return security deposit (SRC)	37
Division 7	Market retail contracts—particular requirements	38
45A	Definitions	38
46	Tariffs and charges	40
46A	Explicit Informed Consent – Variation of tariffs, charges or benefits to the customer	41
46B	Energy rates – discounting practices	41
47	Cooling off period and right of withdrawal—market retail contracts	43
48	Retailer notice of end of fixed term retail contract	44
48A	Retailer notice of benefit change - market retail contracts	45
48B	Benefit change notice guidelines	46
49	Termination of market retail contract	47
49A	Early termination charges	48
50	Small customer complaints and dispute resolution information	48
51	Liabilities and immunities	49
52	Indemnities	49
Division 8	Deemed customer retail arrangements	49
53	Obligations of retailers	49
54	Formation of standard retail contract on incomplete request	50
Division 9	Other retailer obligations	50
55	Referral to interpreter services	50
56	Provision of information to customers	50
56A	Energy consumption information - supply of electricity only	51
56B	Historical billing and energy consumption information - supply of electricity only	52
56C	Information on timeframes for installing electricity meters (SRC and MRC) 	52
57	Retailer obligations in relation to customer transfer	53
57A	Retailer obligations in relation to correction of transfers without consent	53
58	Notice to small customers on transfer	55
59	Notice to small customers where transfer delayed	55
59A	Notice to small customers on deployment of new electricity meters (SRC and MRC)	55
Division 9A	Retailer interruption to supply - electricity	58
59B	Definitions	58
59C	Retailer interruption to supply – electricity (SRC and MRC)	58
Division 10	Energy marketing	60
Subdivision 1	Preliminary	60
60	Application of Division	60
Subdivision 2	Providing information to small customers	60
61	Overview of this Subdivision	60
62	Requirement for and timing of disclosure to small customers	60
63	Form of disclosure to small customers	60
64	Required information	61
Subdivision 3	Energy marketing activities	61
65	No contact lists	61
66	No canvassing or advertising signs	62
67	Duty of retailer to ensure compliance	62
68	Record keeping	62
Division 11	Miscellaneous	63
69	Compliance by small customer who is not owner of premises	63
70	Termination of standard retail contract (SRC)	63
70A	Definitions	65
Part 3	Customer hardship	66
71	Obligation of retailer to communicate customer hardship policy	66
72	Payment plans	66
73	Waiver of late payment fee for hardship customer	67
74	Payment by Centrepay (SRC and MRC)	67
75	Hardship program indicators	68
75A	Customer hardship policy guideline	68
75B	Customer hardship policies	68
76	Waiver of debt for hardship customer	69
Part 4	Relationship between distributors and customers	70
Division 1	Preliminary	70
77	Application of this Part	70
78	Variation or exclusion of provisions of this Part by deemed AER approved standard connection contracts	70
Division 2	Customer connection services	70
79	Application for customer connection services	70
80	Provision of information to customers	71
Division 3	Deemed standard connection contracts	72
81	Model terms and conditions for deemed standard connection contracts	72
Division 4	Negotiated connection contracts	72
82	Small customer complaints and dispute resolution information	72
83	Liabilities and immunities	73
Division 5	Distributor obligations to customers	73
84	Distributor service standards and GSL schemes	73
85	Fault reporting and correction	73
86A	Provision of information - supply of electricity	73
86B	Provision of information - supply of gas	74
87	Referral to interpreter services	74
Division 6	Distributor interruption to supply	74
88	Definitions	74
89	Distributor’s right to interrupt supply	75
90	Distributor planned interruptions	75
91	Unplanned interruptions	76
91A	Metering coordinator and distributor to assist and cooperate - electricity	77
Division 7	Miscellaneous	77
92	Compliance by small customer who is not owner of premises	77
Part 5	Relationship between distributors and retailers—retail support obligations	79
Division 1	Preliminary	79
93	Application of this Part	79
Division 2	Assistance and cooperation	79
94	Assistance and cooperation	79
Division 3	Information requirements	79
95	Information about applicable tariffs, connection related information and other information	79
96	Requirements for information	80
97	Distributor and retailer contact details	80
98	Contact details for customers	80
99	Information on distributor planned interruptions	80
99A	Information on retailer planned interruptions – electricity	81
100	Information on unplanned interruptions	82
Division 4	Shared customer enquiries and complaints	82
101	Enquiries or complaints relating to the retailer	82
102	Enquiries or complaints relating to the distributor	83
Division 5	De-energisation and re-energisation of shared customer’s premises	83
103	De-energisation of premises by the distributor	83
104	Notification of de-energisation	84
105	Liability for ongoing charges	84
106	Re-energisation - gas	84
106A	Re-energisation - electricity	85
Part 6	De-energisation (or disconnection) of premises—small customers	86
Division 1	Preliminary	86
107	Application of this Part	86
108	Definitions	86
109	Reminder notices—retailers	87
110	Disconnection warning notices—retailers and distributors	87
Division 2	Retailer-initiated de-energisation of premises	88
111	De-energisation for not paying bill	88
112	De-energisation for not paying security deposit	90
113	De-energisation for denying access to meter	90
114	De-energisation for illegally using energy	91
115	De-energisation for non-notification by move-in or carry-over customers	92
116	When retailer must not arrange de-energisation	92
117	Timing of de-energisation where dual fuel market contract	94
118	Request for de-energisation	94
Division 3	Distributor de-energisation of premises	95
119	Grounds for de-energisation	95
120	When distributor must not de-energise premises	96
Division 4	Re-energisation of premises	97
121	Obligation on retailer to arrange re-energisation of premises	97
122	Obligation on distributor to re-energise premises	98
Part 7	Life support equipment	99
123	Application of this Part	99
123A	Definitions	99
124	Registration of life support equipment	99
124A	Confirmation of premises as requiring life support equipment	103
124B	Ongoing retailer and distributor obligations	104
125	Deregistration of premises	105
126	Registration and deregistration details must be kept by retailers and distributors	109
Part 8	Prepayment meter systems	111
127	Definitions	111
128	Disclosure requirements at energy marketing stage	111
129	System requirements	112
130	Trial period	113
131	Operating instructions to be provided	114
132	Consumption information to be provided	115
133	Limitation on recovery of debt	115
134	Credit retrieval	116
135	System testing	116
136	Overcharging	117
137	Undercharging	118
138	Illegal energy use	119
139	Life support equipment	119
140	Customer enquiries and complaints	119
141	Payment difficulties and hardship	120
142	Payment towards prepayment meter system account	121
143	Tariffs and charges	121
144	Billing for other goods and services	122
145	Customer termination of contract or request for removal	123
146	Different retailer	123
147	Deemed customer retail arrangements	124
Part 9	Exempt selling regime	127
Division 1	Preliminary	127
148	Definitions	127
Division 2	AER power to exempt	127
149	Individual exemptions	127
150	Deemed exemptions	127
151	Registrable exemptions and registered exemptions	127
152	Conditions generally	128
153	Conditions for deemed exemptions and registered exemptions	128
Division 3	AER Exempt Selling Guidelines	129
154	AER Exempt Selling Guidelines	129
Division 4	Provisions relating to individual exemptions	130
155	Application for individual exemption or variation of individual exemption	130
156	Public notice and submissions	130
157	Deciding application	131
158	Conditions for individual exemptions	131
159	Form of energy to be specified	131
160	Notice of decision to grant application	132
161	Deemed refusal	132
162	Issue and public notice of individual exemption	132
163	Notice of refusal	133
Division 5	Public Register of Authorised Retailers and Exempt Sellers	133
164	Public Register of Authorised Retailers and Exempt Sellers	133
Part 10	Retail market performance reports	134
165	Purpose of this Part	134
166	Contents of retail market performance report—retail market overview	134
167	Contents of retail market performance report—retail market activities report	134
Part 11	Customer retail contracts—electricity consumption benchmarks	136
168	Purpose of this Part	136
169	AER administration of electricity consumption benchmarks	136
170	Retailer obligations—electricity consumption benchmarks	137
171	Distributor obligations—electricity consumption information	137
Part 12	National energy retail consultation	138
172	Customer Consultative Group	138
173	Retail consultation procedure	138
Schedule 1	Model terms and conditions for standard retail contracts	140
Schedule 2	Model terms and conditions for deemed standard connection contracts	160
Schedule 3	Savings and Transitional Rules	177
Part 1	Transitional Rules—NSW gas distributors	177
Division 1	Application and definitions	177
1	Application	177
2	Definitions	177
Division 2	Interim deemed standard connection contract	178
3	Required Alterations	178
4	Inconsistency with access arrangements and reference services agreements	178
5	Retailer interface	179
Division 3	Deemed and existing contractual arrangements with customers and NSW gas distributors	179
6	Formation of interim deemed standard connection connect contracts on start date	179
7	Existing contracts with large customers	179
Division 4	Transitional arrangements after the expiry date	180
8	Deemed standard connection contract to replace interim contract	180
Part 2	Transitional Rules —ACT gas distributor	180
Division 1	Application and definitions	180
1	Application	180
2	Definitions	180
Division 2	Interim deemed standard connection contract	181
3	Required Alterations	181
4	Retailer interface	181
Division 3	Deemed and existing contractual arrangements with customers and ACT gas distributors	182
5	Formation of interim deemed standard connection connect contracts on start date	182
6	Existing contracts with large customers	182
Division 4	Transitional arrangements after the expiry date	182
7	Deemed standard connection contract to replace interim contract	182
Part 3	Billing-related transitional rules	182
1	Definitions	182
2	Bill smoothing arrangement (Rule 23 NERR)	183
3	Bill frequency (Rule 24)	183
4	Undercharging (Rule 30)	183
5	Overcharging (Rule 31 NERR)	184
6	Payment methods (Rule 32 NERR)	184
7	Shortened collection cycles (Rule 34 NERR)	184
8	Enforcement of payment	185
Part 4	Miscellaneous transitional rules—initial NERR	185
1	Definitions	185
2	Life support arrangements	185
3	Classification of customers	186
4	Existing aggregation arrangements (Rule 5 NERR)	186
5	Energy consumption benchmarks	186
6	Electricity consumption benchmarks not to apply in NSW	186
7	Interim bill benchmarks where legacy billing arrangements	186
8	Application of start and end meter reads on small customer bills	187
Part 5	Rules consequential on the making of National Energy Retail Amendment (Customer access to information about their consumption) Rule 2014	187
1	Definitions	187
2	Variation date	187
3	Effective date	187
Part 6	Rules consequential on the making of the National Energy Retail Amendment (Expanding competition in metering and related services) Rule 2015	188
1	Definitions	188
2	Variation Date	188
Part 7	Rules consequential on the making of the National Energy Retail Amendment (Improving the accuracy of customer transfers) Rule 2017	188
1	Definitions	188
2	Retail Market Procedures	188
Part 8	Rules consequential on the making of the National Energy Retail Amendment (Notification of end of fixed benefit period) Rule 2017	189
1	Definitions	189
2	Benefit change notice guidelines	189
3	Benefit change notice requirements	189
Part 9	Rules consequential on the making of the National Energy Retail Amendment (Strengthening protections for customers requiring life support equipment) Rule 2017	189
1	Definitions	189
2	Application of Part 7 of Rules during the transition period	191
3	Application of new Part 7 of Rules to existing life support customers	191
4	Variation date	193
Part 10	Rules consequential on the making of the National Energy Retail Amendment (Advance notice of price changes) Rule 2018	193
1	Definitions	193
2	Variation date	193
Part 11	Rules consequential on the making of the National Energy Retail Amendment (Strengthening protections for customers in hardship) Rule 2018	194
1	Definitions	194
2	The first customer hardship policy guideline	194
3	Application of new rules 75A and 75B to customer hardship policies	194
4	AER approval of updated customer hardship policy	195
Part 12	Rules consequential on the making of Schedule 2 of the National Energy Retail Amendment (Metering installation timeframes) Rule 2018	195
1	Definitions	195
2	Variation date	195