Sections 5 and 7 to 12 of the Subordinate Legislation Act 1994 do not apply to regulations made under section 24 or 39. __________________ Division 1—Preliminary 26 Definitions s. 26 In this Part— commencement day means the day on which section 26 comes into operation; distribution pipeline has the same meaning as in the National Gas (Victoria) Law; distribution system has the same meaning as in the National Electricity (Victoria) Law; electricity deemed distribution contract means a contract between an electricity distribution company and a retail customer— (a) deemed under section 40A(5) of the Electricity Industry Act 2000 (as in force from time to time before the commencement day); and (b) that is in effect immediately before that day; electricity distribution company means a distribution company as defined by section 3 of the Electricity Industry Act 2000; exempt entity means a relevant entity that, on the commencement day, is taken to be an exempt seller;
40 Definitions See: Act No. 8/2005. Reprint No. 1 as at 20 May 2010 and amending Act Nos 55/2010, 74/2010 and 64/2011. LawToday: www. legislation. vic.gov.au s. 40 In section 3(1) of the National Electricity (Victoria) Act 2005, for the definition of Tariff Order substitute— "Tariff Order has the meaning given by section 3 of the Electricity Industry Act 2000 immediately before the commencement of section 59(1) of the National Energy Retail Law (Victoria) Act 2012;". 41 New sections 11A and 11B inserted After section 11 of the National Electricity (Victoria) Act 2005 insert— "11A Validation of instruments and decisions made by AER—energy retail laws (1) This section applies to an instrument or a decision made by the AER if— (a) the instrument or decision was made— (i) on or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but (ii) before the time (the application time) that the National Energy Retail Law first started to apply under the National Energy Retail Law (Victoria) Act 2012 as a law of Victoria; and (b) had the National Energy Retail Law started so to apply, the making of the instrument or decision would have been authorised by or under one of the following laws (the authorising law)— s. 41
Division 2—Gas Industry Act 2001 107 Definitions See: Act No. 31/2001. Reprint No. 4 as at 1 July 2009 and amending Act Nos 57/2009, 68/2009, 10/2010, 55/2010, 72/2010, 74/2010, 50/2011 and 59/2011. LawToday: www. legislation. vic.gov.au s. 107 (1) In section 3 of the Gas Industry Act 2001, the definitions of ACCC, domestic or small business customer, gas bill, gas retailer, licensee standing offer, regulated tariff standing offer, relevant published offer, significant producer, small retail customer, specified circumstances, specified retailer, standing offer, Tariff Order and Victorian gas market are repealed. (2) In section 3 of the Gas Industry Act 2001 insert the following definition— "retailer has the same meaning as in the National Energy Retail Law (Victoria);". (3) In section 3 of the Gas Industry Act 2001, in the definition of underground storage facility, for "gas;" substitute "gas.". 108 Declaration of classes of customers and retailers Division 1A of Part 2 of the Gas Industry Act 2001 is repealed. 109 Gas market provisions Division 3 of Part 2 of the Gas Industry Act 2001 is repealed.
See: Act No. 25/1998. Reprint No. 6 as at 3 November 2011 and amending Act No. 59/2011. LawToday: www. legislation. vic.gov.au s. 135 After Division 1 of Part 10 of the Electricity Safety Act 1998 insert— "Division 1A—Duty as to quality of electricity distributed 98A Quality of electricity distributed A distribution company must ensure that, as far as reasonably practicable, the electricity that it distributes through a distribution system it owns, operates or controls or the electricity it distributes at a supply point— (a) meets the prescribed standards of quality; and (b) complies with any other prescribed requirements. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units.". 137 New section 149B inserted After section 149A of the Electricity Safety Act 1998 insert— "149B Electricity quality The Governor in Council may make regulations for or with respect to— (a) prescribing the standards of quality of electricity to be distributed—
277 Carrying out of compliance audits 278 Cost of compliance audits 279 Compliance reports 280 Contents of compliance reports 281 AER Compliance Procedures and Guidelines Division 2—AER performance regime 282 Obligation of regulated entities to provide information and data about performance 283 Performance audits—hardship 284 Retail market performance reports 285 Contents of retail market performance reports 286 AER Performance Reporting Procedures and Guidelines 287 Hardship program indicators Part 13—Enforcement Division 1—Enforceable undertakings 288 Enforceable undertakings Division 2—Proceedings generally 289 Instituting civil proceedings under this Law 290 Time limit within which proceedings may be instituted Division 3—Proceedings for breaches of this Law, the National Regulations or the Rules 291 AER proceedings for breaches of this Law, the National Regulations or the Rules that are not offences App. 1 292 Proceedings for declaration that a person is in breach of a conduct provision 293 Actions for damages by persons for breach of conduct provision
NGL means the National Gas Law set out in the to the of South Australia; NGR means the National Gas Rules as in force from time to time under Chapter 9 of the NGL; NMI means a national metering identifier as defined in the NER; App. 1 nominated distributor—see ; offence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court; participating jurisdiction means a jurisdiction that is a participating jurisdiction by reason of ; payment plan means a plan for— (a) a hardship customer; or (b) a residential customer who is not a hardship customer but who is experiencing payment difficulties, to pay a retailer, by periodic instalments in accordance with the Rules, any amounts payable by the customer for the sale and supply of energy; prepayment meter market retail contract means a market retail contract in respect of particular premises to which energy is supplied using a prepayment meter system; prepayment meter system means a device, componentry, software or other mechanism that operates to permit the flow of energy through a meter after prepayment and when activated by a card, code or some other method; price comparator—see ; Public Register of Authorised Retailers and Exempt Sellers—see ; reconnection—see the definition of reenergisation; reenergisation or reconnection of premises means the energisation of the premises after their deenergisation;
(7) Subject to the RoLR Procedures, if a large customer in electricity has notified AEMO in writing before the transfer date as to who its retailer (the nominated retailer) will be in a RoLR event and that it has agreed terms and conditions with the nominated retailer, and the nominated retailer has also notified AEMO in writing that it has agreed to be the nominated retailer for that customer— (a) AEMO may transfer that customer to the nominated retailer rather than the designated RoLR; and (b) the customer becomes, by force of this Law, a customer of the nominated retailer as at the transfer date on the terms and conditions agreed between the large customer and the nominated retailer. (8) In this section, Local Network Service Provider, metering installation, Metering Provider and responsible person have the same meanings as in the NER. 141—Termination of customer retail contracts (1) The contract for the sale of energy between a failed retailer and each person who was a customer of the retailer immediately before the transfer date is terminated on the transfer date by force of this Law. (2) Termination of a contract under this section does not affect any rights and obligations that have already accrued under the contract, but no early termination charge is payable where a contract is terminated under this section. (3) has effect even though the financially responsible retailer might not change from the failed retailer to the relevant designated RoLR until after the transfer date. App. 1
(4) The AEMC may only extend a period of time under this section before the expiry of that time. 267—AEMC may extend period of time for making of final Rule determination for further consultation (1) This section applies if— (a) a person or body raises an issue in— (i) a submission or comment in relation to a draft Rule determination; or (ii) a hearing held under or ; and (b) the AEMC considers the issue raised by the person or body requires further public consultation in relation to the proposed Rule or draft Rule determination. (2) Despite anything to the contrary in this Part and without limiting , the AEMC may, by notice, extend the period of time specified in within which it must make a final Rule determination. (3) A notice under must— (a) be published; and (b) specify a new period of time to apply in the place of the period of time specified in ; and App. 1 (c) specify the issue on which the AEMC requires further public submissions and comments; and (d) invite written submissions and comments from any person or body by the date specified in the notice. (4) The new period of time must not have the effect of extending the relevant period of time specified in by more than 4 weeks. (5) The AEMC may only extend the period of time under this section before the expiry of the time specified in .
(2) If the order declares a person to be in breach of a provision of this Law, the National Regulations or the Rules that is not an offence provision, the order may include one or more of the following: (a) an order that the person pay a civil penalty determined in accordance with this Law, the National Regulations or the Rules if the breach is a breach of a civil penalty provision; (b) an order that the person cease, within a specified period, the act, activity or practice constituting the breach; (c) an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach; (d) an order that the person implement a specified program for compliance with this Law, the National Regulations or the Rules; (e) an order of a kind prescribed by the National Regulations. (3) If a person has engaged, is engaging or is proposing to engage in any conduct in breach of a provision of this Law, the National Regulations or the Rules that is not an offence provision, the Court may, on application by the AER on behalf of the Commonwealth, grant an injunction— (a) restraining the person from engaging in the conduct; and (b) if, in the Court’s opinion, it is desirable to do the person to do something. App. 1
(2) The date on which the relevant decision or document or relevant notice is published on the website is the date notified by the relevant decision maker on the website as the date of publication of the relevant decision or document or relevant notice (being not earlier than the date on which it was first made so accessible). Division 2—Evidentiary certificates 312—Definitions In this Division— acting SES employee has the same meaning as in section 17AA of the Acts Interpretation Act 1901 of the Commonwealth; AEMC chief executive means the chief executive of the AEMC appointed under section 16 of the of South Australia; AEMC Commissioner means a Commissioner within the meaning of the of South Australia; AER member has the same meaning as in the Competition and Consumer Act 2010 of the Commonwealth; relevant notice has the same meaning as in ; SES employee has the same meaning as in section 17AA of the Acts Interpretation Act 1901 of the Commonwealth. 313—Evidentiary certificates—AER In any proceedings under this Law, a certificate signed or purported to be signed by an AER member, or an SES employee or acting SES employee assisting the AER as mentioned in section 44AAC of the Competition and Consumer Act 2010 of the Commonwealth, stating any of the following matters is evidence of the matter: App. 1 (a) a stated document is one of the following things, made, given, served or issued under this Law or the Rules:
7—Amendment of section 89—Applications 8—Insertion of section 96A 9—Insertion of section 104A These amendments will expressly allow a retailer authorisation under the NERL to be held jointly by 2 or more persons and allow the AER to regulate any charge in the membership of a relevant partnership or joint venture. 10—Amendment of section 107—Power to revoke retailer authorisation This is a consequential amendment. 11—Amendment of section 132—Designation of registered RoLR for RoLR event App. 2 12—Amendment of section 136—Issue of RoLR notice 13—Amendment of section 139—Publication requirements for RoLR events Currently, the NERL does not allow the AER a discretion as to whether or not to issue a RoLR notice on the occurrence of a RoLR event. In certain circumstances, it would be appropriate not to issue a notice due to the nature of the event. A series of amendments establish a scheme under which the AER will have such a discretion. 14—Amendment of section 187—Making of claims This amendment corrects a minor error in the drafting of the NERL. 15—Amendment of section 204—Functions and powers of AER (including delegations) 16—Amendment of section 206—Power to obtain information and documents These amendments clarify the ability of the AER to act under the National Regulations and, in appropriate cases, the Rules or an application Act.