National Energy Retail Rules
Version 26
Status Information
This is the latest electronically available version of the National Energy Retail Rules as at 4 March 2021.
This consolidated version of the National Energy Retail Rules was last updated on 4 March 2021 as a result of the commencement of the following amendments:
Schedule 2 of the National Energy Retail Amendment (Bill contents and billing requirements) Rule 2021 No. 2
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 Rule under the National Energy Retail Law that has not yet commenced:
Schedule 1 of the National Energy Retail Amendment (Maintaining life support customer registration when switching) Rule 2021 No. 1 will commence operation on 1 August 2021.
Schedule 1 of the National Energy Retail Amendment (Bill contents and billing requirements) Rule 2021 No. 2 will commence operation on 4 August 2021.

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	4
Division 3	Classification of customers	5
6	Classification	5
7	Retailer initial classification of customers	5
8	Retailer reclassification of customers	6
9	Distributor initial classification of business customers	6
10	Distributor reclassification of business customers	6
11	Distributor classification and reclassification—requirements	7
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)	13
22	Proportionate billing (SRC and MRC)	17
23	Bill smoothing (SRC)	17
24	Frequency of bills (SRC)	18
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)	20
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)	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)	27
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)	29
41	Payment of security deposit (SRC)	31
42	Amount of security deposit (SRC)	32
43	Interest on security deposit (SRC and MRC)	32
44	Use of security deposit (SRC)	33
45	Obligation to return security deposit (SRC)	34
Division 7	Market retail contracts—particular requirements	34
45A	Definitions	34
46	Tariffs and charges	36
46A	Explicit Informed Consent – Variation of tariffs, charges or benefits to the customer	37
46B	Energy rates – discounting practices	37
46C	Conditional discounts	39
47	Cooling off period and right of withdrawal—market retail contracts	40
48	Retailer notice of end of fixed term retail contract	40
48A	Retailer notice of benefit change - market retail contracts	41
48B	Benefit change notice guidelines	42
49	Termination of market retail contract	43
49A	Early termination charges	44
50	Small customer complaints and dispute resolution information	44
51	Liabilities and immunities	45
52	Indemnities	45
Division 7A	Customer retail contracts - conditional fees	45
52A	Definitions	45
52B	Conditional fees	45
Division 8	Deemed customer retail arrangements	46
53	Obligations of retailers	46
54	Formation of standard retail contract on incomplete request	46
Division 9	Other retailer obligations	47
55	Referral to interpreter services	47
56	Provision of information to customers	47
56A	Energy consumption information - supply of electricity only	47
56B	Historical billing and energy consumption information - supply of electricity only	48
56C	Information on timeframes for installing electricity meters (SRC and MRC)	48
57	Retailer obligations in relation to customer transfer	49
57A	Retailer obligations in relation to correction of transfers without consent	49
58	Notice to small customers on transfer	51
59	Notice to small customers where transfer delayed	51
59A	Notice to small customers on deployment of new electricity meters (SRC and MRC)	51
Division 9A	Retailer interruption to supply - electricity	53
59B	Definitions	53
59C	Retailer interruption to supply – electricity (SRC and MRC)	54
Division 10	Energy marketing	55
Subdivision 1	Preliminary	55
60	Application of Division	55
Subdivision 2	Providing information to small customers	55
61	Overview of this Subdivision	55
62	Requirement for and timing of disclosure to small customers	56
63	Form of disclosure to small customers	56
64	Required information	56
Subdivision 3	Energy marketing activities	57
65	No contact lists	57
66	No canvassing or advertising signs	57
67	Duty of retailer to ensure compliance	57
68	Record keeping	57
Division 11	Miscellaneous	58
69	Compliance by small customer who is not owner of premises	58
70	Termination of standard retail contract (SRC)	58
Part 3	Customer hardship	61
70A	Definitions	61
71	Obligation of retailer to communicate customer hardship policy	61
72	Payment plans	61
73	Waiver of late payment fee for hardship customer	62
74	Payment by Centrepay (SRC and MRC)	62
75	Hardship program indicators	63
75A	Customer hardship policy guideline	63
75B	Customer hardship policies	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	67
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	68
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	75
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	76
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	77
105	Liability for ongoing charges	77
106	Re-energisation - gas	78
106A	Re-energisation - electricity	78
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	84
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	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	88
119	Grounds for de-energisation	88
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	91
Part 7	Life support equipment	93
123	Application of this Part	93
123A	Definitions	93
124	Registration of life support equipment	93
124A	Confirmation of premises as requiring life support equipment	96
124B	Ongoing retailer and distributor obligations	97
125	Deregistration of premises	99
126	Registration and deregistration details must be kept by retailers and distributors	102
126A	Keeping medical confirmations	103
Part 8	Prepayment meter systems	105
127	Definitions	105
128	Disclosure requirements at energy marketing stage	105
129	System requirements	106
130	Trial period	107
131	Operating instructions to be provided	108
132	Consumption information to be provided	108
133	Limitation on recovery of debt	109
134	Credit retrieval	109
135	System testing	109
136	Overcharging	110
137	Undercharging	111
138	Illegal energy use	112
139	Life support equipment	112
140	Customer enquiries and complaints	112
141	Payment difficulties and hardship	112
142	Payment towards prepayment meter system account	113
143	Tariffs and charges	114
144	Billing for other goods and services	115
145	Customer termination of contract or request for removal	115
146	Different retailer	116
147	Deemed customer retail arrangements	116
Part 9	Exempt selling regime	119
Division 1	Preliminary	119
148	Definitions	119
Division 2	AER power to exempt	119
149	Individual exemptions	119
150	Deemed exemptions	119
151	Registrable exemptions and registered exemptions	119
152	Conditions generally	120
153	Conditions for deemed exemptions and registered exemptions	120
Division 3	AER Exempt Selling Guidelines	121
154	AER Exempt Selling Guidelines	121
Division 4	Provisions relating to individual exemptions	121
155	Application for individual exemption or variation of individual exemption	121
156	Public notice and submissions	122
157	Deciding application	122
158	Conditions for individual exemptions	122
159	Form of energy to be specified	123
160	Notice of decision to grant application	123
161	Deemed refusal	123
162	Issue and public notice of individual exemption	124
163	Notice of refusal	124
Division 5	Public Register of Authorised Retailers and Exempt Sellers	124
164	Public Register of Authorised Retailers and Exempt Sellers	124
Part 10	Retail market performance reports	127
165	Purpose of this Part	127
166	Contents of retail market performance report—retail market overview	127
167	Contents of retail market performance report—retail market activities report	127
Part 11	Customer retail contracts—electricity consumption benchmarks	129
168	Purpose of this Part	129
169	AER administration of electricity consumption benchmarks	129
170	Retailer obligations—electricity consumption benchmarks	129
171	Distributor obligations—electricity consumption information	130
Part 12	National energy retail consultation	131
172	Customer Consultative Group	131
173	Retail consultation procedure	131
Schedule 1	Model terms and conditions for standard retail contracts	133
Schedule 2	Model terms and conditions for deemed standard connection contracts	151
Schedule 3	Savings and Transitional Rules	167
Part 1	Transitional Rules—NSW gas distributors	167
Division 1	Application and definitions	167
1	Application	167
2	Definitions	167
Division 2	Interim deemed standard connection contract	168
3	Required Alterations	168
4	Inconsistency with access arrangements and reference services agreements	168
5	Retailer interface	168
Division 3	Deemed and existing contractual arrangements with customers and NSW gas distributors	169
6	Formation of interim deemed standard connection connect contracts on start date	169
7	Existing contracts with large customers	169
Division 4	Transitional arrangements after the expiry date	169
8	Deemed standard connection contract to replace interim contract	169
Part 2	Transitional Rules —ACT gas distributor	170
Division 1	Application and definitions	170
1	Application	170
2	Definitions	170
Division 2	Interim deemed standard connection contract	170
3	Required Alterations	170
4	Retailer interface	171
Division 3	Deemed and existing contractual arrangements with customers and ACT gas distributors	171
5	Formation of interim deemed standard connection connect contracts on start date	171
6	Existing contracts with large customers	171
Division 4	Transitional arrangements after the expiry date	172
7	Deemed standard connection contract to replace interim contract	172
Part 3	Billing-related transitional rules	172
1	Definitions	172
2	Bill smoothing arrangement (Rule 23 NERR)	172
3	Bill frequency (Rule 24)	173
4	Undercharging (Rule 30)	173
5	Overcharging (Rule 31 NERR)	173
6	Payment methods (Rule 32 NERR)	174
7	Shortened collection cycles (Rule 34 NERR)	174
8	Enforcement of payment	174
Part 4	Miscellaneous transitional rules—initial NERR	174
1	Definitions	174
2	Life support arrangements	175
3	Classification of customers	175
4	Existing aggregation arrangements (Rule 5 NERR)	175
5	Energy consumption benchmarks	175
6	Electricity consumption benchmarks not to apply in NSW	175
7	Interim bill benchmarks where legacy billing arrangements	175
8	Application of start and end meter reads on small customer bills	176
Part 5	Rules consequential on the making of National Energy Retail Amendment (Customer access to information about their consumption) Rule 2014	176
1	Definitions	176
2	Variation date	176
3	Effective date	177
Part 6	Rules consequential on the making of the National Energy Retail Amendment (Expanding competition in metering and related services) Rule 2015	177
1	Definitions	177
2	Variation Date	177
Part 7	Rules consequential on the making of the National Energy Retail Amendment (Improving the accuracy of customer transfers) Rule 2017	177
1	Definitions	177
2	Retail Market Procedures	177
Part 8	Rules consequential on the making of the National Energy Retail Amendment (Notification of end of fixed benefit period) Rule 2017	178
1	Definitions	178
2	Benefit change notice guidelines	178
3	Benefit change notice requirements	178
Part 9	Rules consequential on the making of the National Energy Retail Amendment (Strengthening protections for customers requiring life support equipment) Rule 2017	178
1	Definitions	178
2	Application of Part 7 of Rules during the transition period	180
3	Application of new Part 7 of Rules to existing life support customers	180
4	Variation date	182
Part 10	Rules consequential on the making of the National Energy Retail Amendment (Advance notice of price changes) Rule 2018	182
1	Definitions	182
2	Variation date	182
Part 11	Rules consequential on the making of the National Energy Retail Amendment (Strengthening protections for customers in hardship) Rule 2018	182
1	Definitions	182
2	The first customer hardship policy guideline	183
3	Application of new rules 75A and 75B to customer hardship policies	183
4	AER approval of updated customer hardship policy	183
Part 12	Rules consequential on the making of Schedule 2 of the National Energy Retail Amendment (Metering installation timeframes) Rule 2018	183
1	Definitions	183
2	Variation date	184
Part 12A	Rules consequential on the making of the National Energy Retail Amendment (Reducing customers' switching times) Rule 2019	184
1	Definitions	184
2	Variation date	184
Part 12B	Rules consequential on the making of the National Energy Retail Amendment (Regulating conditional discounting) Rule 2020 No. 1	184
1	Definitions	184
2	Existing contracts with small customers	184
Part 13	Rules consequential on the making of Schedule 2 of the National Energy Retail Amendment (Minor changes) Rule 2019	185
1	Definitions	185
2	Variation date	185
Part 14	Rules consequential on the making of the National Energy Retail Amendment (Introduction of metering coordinator planned interruptions) Rule 2020	185
1	Definitions	185
2	Variation date	185
Part 15	Rules consequential on the making of the National Energy Retail Amendment (Maintaining life support customer registration when switching) Rule 2021	186
1	Definitions	186
2	Application of New rule 126A	186
Part 16	Rules consequential on the making of the National Energy Retail Amendment (Bill contents and billing requirements) Rule 2021 No. 2	186
1	Billing guideline	186