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NATIONAL ENERGY RETAIL LAW (QUEENSLAND) BILL 2014

          Queensland



National Energy Retail Law
(Queensland) Bill 2014

 


 

 

Queensland National Energy Retail Law (Queensland) Bill 2014 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Adoption of National Energy Retail Law 4 Application of National Energy Retail Law . . . . . . . . . . . . . . . . . . 7 5 Application of regulations under National Energy Retail Law. . . . 7 6 Interpretation of particular expressions . . . . . . . . . . . . . . . . . . . . 8 7 Exclusion of legislation of this jurisdiction and South Australia . . 8 8 Tabling of national instruments enacted or made after commencement ................................... 9 Part 3 Related matters 9 Conferral of functions and powers on Commonwealth bodies to act in this jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Extension of reading-down provision . . . . . . . . . . . . . . . . . . . . . . 10 11 Regulation-making power for the National Energy Retail Law (Queensland) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 4 Miscellaneous 12 Modification regulation-making power . . . . . . . . . . . . . . . . . . . . . 10 13 Validation of instruments and decisions made by AER . . . . . . . . 12 14 Authorisation of preparatory steps by AER . . . . . . . . . . . . . . . . . 13 15 Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Part 5 Transitional provisions 16 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 17 Exempt sellers under the NER Regulations (Qld) . . . . . . . . . . . . 15 18 Other exempt sellers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

 


 

National Energy Retail Law (Queensland) Bill 2014 Contents 19 Customer retail contracts--standard retail contracts for small customers ................................... 17 20 Customer retail contracts--negotiated retail contracts for small customers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 21 Customer retail contracts--standard retail contracts between particular small customers and Origin Energy . . . . . . . . . . . . . . . 19 22 Customer retail contracts--standard retail contracts for particular large customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 23 Customer retail contracts--standard retail contracts between particular large customers and Origin Energy . . . . . . . . . . . . . . . 21 24 Payment plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 25 Customer connection contracts--standard connection contracts 22 26 Customer connection contracts--negotiated connection contracts for small customers. . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 27 Customer connection contracts--negotiated connection contracts for large customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 28 Provision of information and assistance by Queensland regulator .................................... 24 29 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 25 Part 6 Amendment of Acts Division 1 Amendment of this Act 30 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 31 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division 2 Amendment of Electricity--National Scheme (Queensland) Act 1997 32 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 33 Amendment of s 6 (Application in Queensland of National Electricity Law) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 34 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 6A Application of National Energy Retail Law amendments ........................... 26 35 Insertion of new pt 4 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 36 Insertion of new ss 12-14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 12 Regulation-making power for the National Electricity (Queensland) Law . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 13 Validation of instruments and decisions made by AER ................................ 27 14 Authorisation of preparatory steps by AER . . . . . . . . 29 Division 3 Amendment of National Gas (Queensland) Act 2008 37 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Page 2

 


 

National Energy Retail Law (Queensland) Bill 2014 Contents 38 Amendment of s 7 (Application in Queensland of National Gas Law) ........................................ 30 39 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 7A Application of National Energy Retail Law amendments ........................... 30 40 Replacement of s 16 (Regulation-making power) . . . . . . . . . . . . 31 16 Regulation-making power for the National Gas (Queensland) Law . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 16A Validation of instruments and decisions made by AER ................................ 31 16B Authorisation of preparatory steps by AER . . . . . . . . 33 Schedule Modification of application of National Energy Retail Law . . 35 Page 3

 


 

 

2014 A Bill for An Act to establish a national energy customer framework for the regulation of the retail supply of energy to customers, to make provision for the relationship between the distributors of energy and the consumers of energy, to amend this Act, the Electricity--National Scheme (Queensland) Act 1997 and the National Gas (Queensland) Act 2008 for particular purposes, and for other purposes

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the National Energy Retail Law 4 (Queensland) Act 2014. 5 2 Commencement 6 (1) This Act commences on a day or days to be fixed by 7 proclamation. 8 (2) Different days may be appointed under subsection (1) for the 9 commencement of different provisions of the National Energy 10 Retail Law set out in the Schedule to the South Australian 11 Act. 12 3 Interpretation 13 (1) In this Act-- 14 commencement, for part 5, see section 16. 15 Electricity Act, for part 5, see section 16. 16 Gas Supply Act, for part 5, see section 16. 17 National Energy Retail Law (Queensland) or NERL (Qld) 18 means the provisions applying in Queensland because of 19 section 4. 20 National Energy Retail Regulations (Queensland) or NER 21 Regulations (Qld) means the provisions applying in 22 Queensland because of section 5. 23 National Energy Retail Rules or Rules has the meaning given 24 by the National Energy Retail Law (Queensland). 25 retailer, for part 5, see section 16. 26 Page 6

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 2 Adoption of National Energy Retail Law [s 4] South Australian Act means the National Energy Retail Law 1 (South Australia) Act 2011 (SA). 2 (2) Terms used in this Act and also in the National Energy Retail 3 Law set out in the Schedule to the South Australian Act have 4 the same meanings in this Act as they have in that Law. 5 (3) This section does not apply to the extent that the context or 6 subject matter otherwise indicates or requires. 7 Part 2 Adoption of National Energy 8 Retail Law 9 4 Application of National Energy Retail Law 10 The National Energy Retail Law, as amended from time to 11 time, set out in the Schedule to the South Australian Act-- 12 (a) applies as a law of Queensland, with the modifications 13 set out in the schedule to this Act or prescribed by 14 regulation under section 12; and 15 (b) as so applying may be referred to as the National Energy 16 Retail Law (Queensland); and 17 (c) so applies as if it were an Act. 18 5 Application of regulations under National Energy Retail 19 Law 20 The regulations made under the National Energy Retail Law 21 set out in the Schedule to the South Australian Act, as 22 amended from time to time-- 23 (a) apply as regulations in force for the purposes of the 24 National Energy Retail Law (Queensland), with the 25 modifications prescribed by regulation under section 12; 26 and 27 Page 7

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 2 Adoption of National Energy Retail Law [s 6] (b) as so applying may be referred to as the National Energy 1 Retail Regulations (Queensland). 2 6 Interpretation of particular expressions 3 In the National Energy Retail Law (Queensland) and the 4 National Energy Retail Regulations (Queensland)-- 5 National Energy Retail Law or this Law means the National 6 Energy Retail Law (Queensland). 7 this jurisdiction means Queensland. 8 7 Exclusion of legislation of this jurisdiction and South 9 Australia 10 (1) The following Acts of this jurisdiction do not apply to the 11 National Energy Retail Law (Queensland) or to the 12 instruments made under that Law-- 13 (a) the Acts Interpretation Act 1954; 14 (b) the Statutory Instruments Act 1992. 15 (2) To remove any doubt, it is declared that-- 16 (a) subsection (1)(a) does not limit the application of the 17 Acts Interpretation Act 1954 to this Act or to 18 instruments made under this Act; and 19 (b) subsection (1)(b) does not limit the application of the 20 Statutory Instruments Act 1992 to instruments made 21 under this Act. 22 (3) The Acts Interpretation Act 1915, and other Acts, of South 23 Australia do not apply to-- 24 (a) the National Energy Retail Law set out in the Schedule 25 to the South Australian Act in its application as a law of 26 Queensland; or 27 (b) the regulations in force for the time being under the 28 National Energy Retail Law set out in the Schedule to 29 the South Australian Act in their application as 30 Page 8

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 3 Related matters [s 8] regulations in force for the purposes of the National 1 Energy Retail Law (Queensland). 2 8 Tabling of national instruments enacted or made after 3 commencement 4 (1) This section applies to any of the following instruments 5 enacted or made after the commencement of this section-- 6 (a) an Act amending the National Energy Retail Law; 7 (b) a regulation made under the National Energy Retail 8 Law; 9 (c) an instrument amending the National Energy Retail 10 Rules. 11 (2) The instrument must be tabled in the Legislative Assembly 12 within 10 sitting days after it is enacted or made. 13 (3) However failure to comply with subsection (2) does not affect 14 the application of the National Energy Retail Law or 15 instruments made under it as part of the law of Queensland. 16 (4) In this section-- 17 National Energy Retail Law means the National Energy 18 Retail Law set out in the Schedule to the South Australian 19 Act. 20 Part 3 Related matters 21 9 Conferral of functions and powers on Commonwealth 22 bodies to act in this jurisdiction 23 (1) A Commonwealth body has power to do acts in or in relation 24 to this State in the performance or exercise of a function or 25 power expressed to be conferred on the Commonwealth body 26 by the national energy retail legislation of another 27 participating jurisdiction. 28 Page 9

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 4 Miscellaneous [s 10] (2) In this section-- 1 Commonwealth body means-- 2 (a) the AER; or 3 (b) the Tribunal. 4 10 Extension of reading-down provision 5 (1) Section 320 of the National Energy Retail Law (Queensland) 6 has effect in relation to the operation of any provision of this 7 Act as if the provision formed part of that Law. 8 (2) Subsection (1) does not limit the effect that a provision of this 9 Act would validly have apart from the subsection. 10 11 Regulation-making power for the National Energy Retail 11 Law (Queensland) 12 The Governor in Council may make such regulations, 13 including regulations constituting local instruments, as are 14 contemplated as being made under this Act as the application 15 Act of this jurisdiction by-- 16 (a) the National Energy Retail Law set out in the Schedule 17 to the South Australian Act; or 18 (b) the modifications of that Law set out in the schedule to 19 this Act. 20 Part 4 Miscellaneous 21 12 Modification regulation-making power 22 (1) The Governor in Council may, by regulation (a modification 23 regulation), modify any of the following-- 24 (a) the National Energy Retail Law, as it applies as a law of 25 Queensland; 26 Page 10

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 4 Miscellaneous [s 12] (b) the Regulations in force for the time being under the 1 National Energy Retail Law, to the extent they apply as 2 regulations in force for the purposes of the National 3 Energy Retail Law (Queensland); 4 (c) the National Energy Retail Rules in force under the 5 National Energy Retail Law, to the extent they apply as 6 rules in force for the purposes of the National Energy 7 Retail Law (Queensland). 8 (2) However, a modification regulation-- 9 (a) may modify the Law mentioned in subsection (1)(a) 10 only to make necessary or convenient changes, for 11 giving effect to the operation of the Law in Queensland, 12 arising from an amendment of the Law made after the 13 commencement of this section; and 14 Editor's note-- 15 See the NERL (Qld), section 8(3) and (4), as inserted by section 16 10 of the schedule to this Act, in relation to including editor's 17 notes about modifications to the Law. 18 (b) may modify the Regulations or Rules mentioned in 19 subsection (1)(b) or (c) only for 1 or more of the 20 following purposes-- 21 (i) to make necessary or convenient changes for 22 giving effect to the operation of the Regulations or 23 Rules in Queensland; 24 (ii) to make necessary or consequential changes 25 arising from the modification of the National 26 Energy Retail Law; 27 (iii) for the Rules mentioned in subsection (1)(c)--to 28 provide for matters of a savings or transitional 29 nature for the transition from the operation of 30 provisions of instruments under the Electricity Act 31 1994 or Gas Supply Act 2003 to the operation of 32 provisions of the Rules. 33 (3) A modification regulation must declare it is a modification 34 regulation. 35 Page 11

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 4 Miscellaneous [s 13] (4) A provision of a modification regulation providing for a 1 modification of the Law mentioned in subsection (1)(a)-- 2 (a) may be made only within 3 months after the amendment 3 of the Law to which the modification relates; and 4 (b) expires 1 year after its commencement. 5 (5) In this section-- 6 National Energy Retail Law means the National Energy 7 Retail Law set out in the Schedule to the South Australian 8 Act. 9 13 Validation of instruments and decisions made by AER 10 (1) This section applies to an instrument or decision made by the 11 AER if-- 12 (a) the instrument or decision was made-- 13 (i) at or after the time the South Australian Act was 14 enacted; but 15 (ii) before the time (the application time) the National 16 Energy Retail Law set out in the Schedule to the 17 South Australian Act first started to apply under 18 this Act as a law of Queensland; and 19 (b) had that Law started so to apply, the making of the 20 instrument or decision would have been authorised by 1 21 of the following laws (the authorising law)-- 22 (i) the National Energy Retail Law (Queensland); 23 (ii) the National Energy Retail Regulations 24 (Queensland); 25 (iii) this Act; 26 (iv) a regulation under this Act; and 27 (c) if the making of the instrument or decision would be so 28 authorised subject to the satisfaction of any conditions 29 or other requirements (for example, consultation or 30 publication requirements)--the AER has done anything 31 that would, if that Law had started so to apply, be 32 Page 12

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 4 Miscellaneous [s 14] required under the authorising law for the instrument or 1 decision to be so authorised. 2 (2) For the purposes of the authorising law-- 3 (a) the instrument or decision is taken to be valid; and 4 (b) the instrument or decision has effect from the 5 application time-- 6 (i) as varied, and unless revoked, by any other 7 instrument or decision to which this section 8 applies; and 9 (ii) subject to that law as so applying. 10 (3) For this section-- 11 (a) guidelines are an example of an instrument; and 12 (b) the following are examples of decisions-- 13 (i) appointments; 14 (ii) determinations; 15 (iii) approvals. 16 14 Authorisation of preparatory steps by AER 17 (1) This section applies if-- 18 (a) the AER is required to do something (a preparatory 19 step) before making a decision or making an instrument 20 under 1 of the following (the authorising law)-- 21 (i) the National Energy Retail Law (Queensland); 22 (ii) the National Energy Retail Regulations 23 (Queensland); 24 (iii) this Act; 25 (iv) a regulation under this Act; and 26 (b) the AER takes the preparatory step-- 27 (i) at or after the time the South Australian Act was 28 enacted; but 29 Page 13

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 4 Miscellaneous [s 15] (ii) before the time the National Energy Retail Law set 1 out in the Schedule to the South Australian Act 2 first started to apply under this Act as a law of 3 Queensland. 4 (2) For the purposes of the authorising law, the AER is taken to 5 have complied with the requirement to take the preparatory 6 step. 7 15 Review 8 (1) The Minister must review the operation of the National 9 Energy Retail Law in Queensland no later than 1 January 10 2018. 11 (2) The review-- 12 (a) must focus on the impact of the National Energy Retail 13 Law, including the modifications prescribed by 14 regulation under section 12, on consumers of energy and 15 whether the implementation of the Law has-- 16 (i) resulted in increased efficiencies; or 17 (ii) adversely affected customer protection in pursuit 18 of national consistency; and 19 (b) may address other matters the Minister considers 20 appropriate. 21 (3) The Minister may ask the Queensland Competition Authority 22 to conduct the review on behalf of the Minster. 23 (4) The Minister must, as soon as practicable after the review is 24 completed, table a report about the outcome of the review in 25 the Legislative Assembly. 26 (5) In this section-- 27 National Energy Retail Law means the National Energy 28 Retail Law set out in the Schedule to the South Australian 29 Act. 30 Queensland Competition Authority means the Queensland 31 Competition Authority established under the Queensland 32 Competition Authority Act 1997, section 7. 33 Page 14

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 5 Transitional provisions [s 16] Part 5 Transitional provisions 1 16 Definitions for pt 5 2 In this part-- 3 commencement means the day this section commences. 4 Electricity Act means the Electricity Act 1994. 5 Gas Supply Act means the Gas Supply Act 2003. 6 Origin Energy means Origin Energy Electricity Limited ACN 7 071 052 287. 8 retailer-- 9 (a) means a person who is a retailer under the NERL (Qld); 10 and 11 (b) includes an entity that, under the NER Regulations 12 (Qld), is taken to be a retailer under the NERL (Qld). 13 17 Exempt sellers under the NER Regulations (Qld) 14 (1) This section applies to-- 15 (a) the exempt seller exemption that, under the NER 16 Regulations (Qld), is taken to be held by the Maranoa 17 Regional Council; and 18 (b) the exempt seller exemption that, under the NER 19 Regulations (Qld), is taken to be held by the Western 20 Downs Regional Council. 21 (2) Each exempt seller exemption is, from the commencement 22 until the AER varies or revokes the exemption, subject to the 23 conditions prescribed by regulation under this Act. 24 (3) In this section-- 25 exempt seller exemption means an exemption under the 26 NERL (Qld), Part 5, Division 6. 27 Page 15

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 5 Transitional provisions [s 18] 18 Other exempt sellers 1 (1) On the commencement, each generation authority (retail) 2 holder and each special approval (retail) holder becomes an 3 exempt seller for electricity for the NERL (Qld). 4 (2) The AER must, as soon as practicable after the 5 commencement, issue an instrument of exemption under the 6 National Energy Retail Rules to an entity mentioned in 7 subsection (1). 8 (3) The following apply for an electricity exempt seller 9 exemption-- 10 (a) the exemption is, from the commencement until the 11 AER varies or revokes the exemption, subject to the 12 conditions prescribed by regulation under this Act; 13 (b) the instrument of exemption issued under subsection (2) 14 is taken to include the conditions mentioned in 15 paragraph (a). 16 (4) The AER may, under the NERL (Qld), deal with an 17 exemption applying under subsection (1) in the same way it 18 may, under that Law, deal with an exemption granted by it 19 under section 110 of that Law. 20 (5) In this section-- 21 electricity exempt seller exemption means an exemption 22 under the NERL (Qld), Part 5, Division 6 held by a person 23 who-- 24 (a) was a special approval (retail) holder; and 25 (b) becomes an exempt seller for electricity for the NERL 26 (Qld) under subsection (1). 27 generation authority (retail) holder means the holder of a 28 generation authority under the Electricity Act that, 29 immediately before the commencement, authorised the sale of 30 electricity. 31 instrument of exemption means an instrument that provides 32 for an exemption of the kind mentioned in the NERL (Qld), 33 section 110(2). 34 Page 16

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 5 Transitional provisions [s 19] special approval (retail) holder-- 1 (a) means the holder of a special approval under the 2 Electricity Act that, immediately before the 3 commencement, authorised the sale of electricity; but 4 (b) does not include Origin Energy in relation to special 5 approval no. SA02/11. 6 19 Customer retail contracts--standard retail contracts for 7 small customers 8 (1) This section applies if, immediately before the 9 commencement, a small customer and a retailer were parties 10 to a pre-NERL standard retail contract for the provision of 11 customer retail services (the relevant services). 12 (2) On the commencement, the pre-NERL standard retail contract 13 is replaced with a contract between the small customer and 14 retailer in the form of the retailer's NERL standard retail 15 contract for the provision of the relevant services at-- 16 (a) in the case of electricity--the retailer's standing offer 17 prices; or 18 (b) in the case of gas--the tariffs and charges the retailer 19 charged the customer for or in connection with the 20 provision of the relevant services to the customer 21 immediately before the commencement. 22 (3) Subsection (2) applies despite the NERL (Qld), section 26, 23 but otherwise the NERL (Qld) applies to the contract in the 24 same way as it applies to a standard retail contract formed 25 under the NERL (Qld). 26 (4) In this section-- 27 NERL standard retail contract, for a retailer, means-- 28 (a) for premises at which customer retail services are 29 provided other than by using a card-operated meter--the 30 retailer's form of standard retail contract under the 31 NERL (Qld), section 25; or 32 Page 17

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 5 Transitional provisions [s 20] (b) for premises at which customer retail services are 1 provided by using a card-operated meter--the retailer's 2 form of standard retail contract under the NERL (Qld), 3 section 25 consistent with the model terms and 4 conditions applying to standard retail contracts for 5 selling electricity to a small customer using a 6 card-operated meter. 7 Note-- 8 See the NERL (Qld), section 60A for the model terms and 9 conditions applying to standard retail contracts for selling 10 electricity to a small customer using a card-operated meter. 11 pre-NERL standard retail contract means-- 12 (a) a standard retail contract or standard large customer 13 retail contract under the Electricity Act as in force 14 before the commencement; or 15 (b) a standard retail contract under the Gas Supply Act as in 16 force before the commencement. 17 20 Customer retail contracts--negotiated retail contracts for 18 small customers 19 (1) This section applies if, immediately before the 20 commencement, a small customer and a retailer were parties 21 to a pre-NERL negotiated retail contract. 22 (2) On the commencement, the contract becomes a NERL market 23 retail contract between the small customer and retailer on the 24 terms and conditions of the contract immediately before the 25 commencement. 26 (3) However, if the terms and conditions of the pre-NERL 27 negotiated retail contract are inconsistent with the minimum 28 requirements set out in the Rules that are to apply in relation 29 to the terms and conditions of market retail contracts, 30 subsection (2) applies subject to the NERL (Qld), section 31 34(2). 32 (4) The NERL (Qld) applies to the contract. 33 (5) In this section-- 34 Page 18

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 5 Transitional provisions [s 21] NERL market retail contract means a market retail contract 1 under the NERL (Qld), section 33. 2 pre-NERL negotiated retail contract means-- 3 (a) a negotiated retail contract under the Electricity Act as 4 in force before the commencement; or 5 (b) a negotiated retail contract under the Gas Supply Act as 6 in force before the commencement. 7 21 Customer retail contracts--standard retail contracts 8 between particular small customers and Origin Energy 9 (1) This section applies if, immediately before the 10 commencement, a small customer and Origin Energy were 11 parties to an arrangement for the provision of customer retail 12 services to the small customer's premises under special 13 approval no. SA02/11. 14 (2) The arrangement is, on the commencement, replaced with a 15 contract between the small customer and Origin Energy in the 16 form of Origin Energy's form of standard retail contract under 17 the NERL (Qld), section 25 for the provision of the customer 18 retail services at the retailer's standing offer prices. 19 (3) Subsection (2) applies despite the NERL (Qld), section 26, 20 but otherwise the NERL (Qld) applies to the contract in the 21 same way as it applies to a standard retail contract formed 22 under the NERL (Qld). 23 22 Customer retail contracts--standard retail contracts for 24 particular large customers 25 (1) This section applies if-- 26 (a) for a large customer's premises, a retailer is-- 27 (i) if there is no existing connection--the local area 28 retailer for the relevant geographical area, premises 29 or customer; or 30 Note-- 31 See the NERL (Qld), section 11(3). 32 Page 19

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 5 Transitional provisions [s 22] (ii) if there is an existing connection (including where 1 a connection alteration to an existing connection is 2 required)--the financially responsible retailer for 3 the premises; and 4 (b) immediately before the commencement, the large 5 customer and the retailer were parties to a pre-NERL 6 large customer standard retail contract for the provision 7 of customer retail services to the premises (the relevant 8 services). 9 (2) If, on the commencement, the retailer is an assigned retailer, 10 the pre-NERL large customer standard retail contract is 11 replaced with a contract between the large customer and the 12 retailer in the form of the retailer's NERL large customer 13 standard retail contract for the provision of the relevant 14 services at the retailer's notified prices. 15 (3) Subsection (2) applies despite the NERL (Qld), section 64E, 16 but otherwise the NERL (Qld) applies to the contract in the 17 same way as it applies to a large customer standard retail 18 contract formed under the NERL (Qld). 19 (4) If, on the commencement, the retailer is not an assigned 20 retailer, the pre-NERL large customer standard retail contract 21 continues as a contract for the provision of the relevant 22 services on the same terms and conditions applying 23 immediately before the commencement. 24 (5) In this section-- 25 assigned retailer means an assigned retailer under the NERL 26 (Qld), section 2(1). 27 NERL large customer standard retail contract, for an 28 assigned retailer, means a contract in the form of the retailer's 29 large customer standard retail contract under the NERL (Qld). 30 notified prices, for an assigned retailer, means the notified 31 prices applying to the retailer under the Electricity Act, 32 section 90(4). 33 pre-NERL large customer standard retail contract means a 34 standard large customer retail contract under the Electricity 35 Act as in force before the commencement. 36 Page 20

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 5 Transitional provisions [s 23] 23 Customer retail contracts--standard retail contracts 1 between particular large customers and Origin Energy 2 (1) This section applies if, immediately before the 3 commencement, a large customer and Origin Energy were 4 parties to an arrangement for the provision of customer retail 5 services to the large customer's premises under special 6 approval no. SA02/11. 7 (2) The arrangement is, on the commencement, replaced with a 8 contract between the large customer and Origin Energy in the 9 form of Origin Energy's large customer standard retail 10 contract under the NERL (Qld) for the provision of the 11 customer retail services at the notified prices. 12 (3) Subsection (2) applies despite the NERL (Qld), section 64N, 13 but otherwise the NERL (Qld) applies to the contract in the 14 same way as it applies to a large customer standard retail 15 contract, formed under the NERL (Qld), for the supply of 16 electricity on a distribution system of Essential Energy ABN 17 37 428 185 226. 18 (4) In this section-- 19 notified prices means the notified prices applying to Origin 20 Energy under the Electricity Act, section 90(4). 21 24 Payment plans 22 (1) This section applies to an instalment plan between a retailer 23 and a residential customer entered into under an industry code 24 and in effect immediately before the commencement (the 25 existing instalment plan). 26 (2) On the commencement, the existing instalment plan becomes 27 a payment plan under the NERL (Qld), Part 2, Division 7. 28 (3) In this section-- 29 industry code means-- 30 (a) an industry code under the Electricity Act as in force 31 before the commencement; or 32 Page 21

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 5 Transitional provisions [s 25] (b) an industry code under the Gas Supply Act as in force 1 before the commencement. 2 25 Customer connection contracts--standard connection 3 contracts 4 (1) This section applies if, immediately before the 5 commencement, a customer who owns or occupies premises 6 and a distributor were parties to a pre-NERL standard 7 connection contract for the premises (the relevant premises). 8 (2) On the commencement, the pre-NERL standard connection 9 contract is replaced with a contract between the customer and 10 distributor in the form of the distributor's NERL standard 11 connection contract. 12 Note-- 13 See the Electricity Act, section 346 for the connection of the premises. 14 (3) The NERL (Qld) applies to the contract in the same way as it 15 applies to a NERL standard connection contract for a 16 distributor. 17 (4) In this section-- 18 NERL standard connection contract, for a distributor, 19 means-- 20 (a) if the distributor has a deemed AER approved standard 21 connection contract under the NERL (Qld), section 75 22 and the customer falls within at least 1 of the classes to 23 which the contract applies--the form of the deemed 24 AER approved standard connection contract; or 25 (b) otherwise--the form of the distributor's deemed 26 standard connection contract under the NERL (Qld), 27 section 69. 28 pre-NERL standard connection contract means a standard 29 connection contract under the Electricity Act as in force 30 before the commencement. 31 Page 22

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 5 Transitional provisions [s 26] 26 Customer connection contracts--negotiated connection 1 contracts for small customers 2 (1) This section applies if, immediately before the 3 commencement, a small customer and a distributor were 4 parties to a pre-NERL negotiated connection contract. 5 (2) On the commencement, the contract becomes a NERL 6 negotiated connection contract on the terms and conditions of 7 the contract immediately before the commencement. 8 (3) The NERL (Qld), other than section 78(1) and (2), applies to 9 the contract. 10 (4) In this section-- 11 NERL negotiated connection contract means a negotiated 12 connection contract under the NERL (Qld), section 78. 13 pre-NERL negotiated connection contract means-- 14 (a) a negotiated connection contract under the Electricity 15 Act as in force before the commencement; or 16 (b) a connection contract under the Gas Supply Act as in 17 force before the commencement. 18 27 Customer connection contracts--negotiated connection 19 contracts for large customers 20 (1) To remove any doubt, it is declared that the NERL (Qld) does 21 not affect a pre-NERL negotiated connection contract entered 22 into between a large customer and a distributor or any rights 23 or liabilities accrued under it. 24 (2) In this section-- 25 pre-NERL negotiated connection contract means-- 26 (a) a negotiated connection contract under the Electricity 27 Act as in force before the commencement; or 28 (b) a connection contract under the Gas Supply Act as in 29 force before the commencement. 30 Page 23

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 5 Transitional provisions [s 28] 28 Provision of information and assistance by Queensland 1 regulator 2 (1) Despite any other Act or law, a Queensland regulator is 3 authorised, on its own initiative or at the request of the AER-- 4 (a) to provide the AER with information (including 5 information given in confidence) in the possession or 6 control of the regulator reasonably required by the AER 7 for this part or the NERL (Qld); and 8 (b) to provide the AER with other assistance reasonably 9 required by the AER to perform a function, or exercise a 10 power, under this part or the NERL (Qld). 11 (2) Despite any other Act or law, a Queensland regulator may 12 authorise the AER to disclose information provided under 13 subsection (1) even if the information was given to the 14 regulator in confidence. 15 (3) Nothing done, or authorised to be done, by a Queensland 16 regulator in acting under subsection (1) or (2)-- 17 (a) constitutes a breach of, or default under, an Act or other 18 law; or 19 (b) constitutes a breach of, or default under, a contract, 20 agreement, understanding or undertaking; or 21 (c) constitutes a breach of a duty of confidence (whether 22 arising by contract, in equity or by custom or in any 23 other way); or 24 (d) constitutes a civil or criminal wrong; or 25 (e) terminates an agreement or obligation, or fulfils any 26 condition that allows a person to terminate an agreement 27 or obligation, or gives rise to any other right or remedy; 28 or 29 (f) releases a surety or any other obligee wholly or in part 30 from an obligation. 31 (4) In this section-- 32 Queensland regulator means-- 33 Page 24

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 6 Amendment of Acts [s 29] (a) the regulator under the Electricity Act; or 1 (b) the regulator under the Gas Supply Act; or 2 (c) the Queensland Competition Authority established 3 under the Queensland Competition Authority Act 1997, 4 section 7. 5 29 Transitional regulation-making power 6 (1) The Governor in Council may make a regulation (a 7 transitional regulation) providing for any matters of a saving 8 or transitional nature for which it is necessary to make 9 provision to allow or facilitate the change from the operation 10 of the Electricity Act or Gas Supply Act, as in force before the 11 commencement, to the operation of the NERL (Qld). 12 (2) A transitional regulation may have retrospective operation to a 13 day not earlier than the commencement. 14 (3) A transitional regulation must declare it is a transitional 15 regulation. 16 (4) A transitional regulation expires 3 years after the day the 17 regulation commences. 18 (5) The Acts Interpretation Act 1954, section 20A, as applied by 19 the Statutory Instruments Act 1992, section 14, applies for the 20 expiry. 21 Part 6 Amendment of Acts 22 Division 1 Amendment of this Act 23 30 Act amended 24 This division amends this Act. 25 Page 25

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 6 Amendment of Acts [s 31] 31 Amendment of long title 1 Long title, from `to amend' to `particular purposes,'-- 2 omit. 3 Division 2 Amendment of Electricity--National 4 Scheme (Queensland) Act 1997 5 32 Act amended 6 This division amends the Electricity--National Scheme 7 (Queensland) Act 1997. 8 33 Amendment of s 6 (Application in Queensland of National 9 Electricity Law) 10 Section 6(a), after `Queensland'-- 11 insert-- 12 , with the modification stated in section 6A 13 34 Insertion of new s 6A 14 After section 6-- 15 insert-- 16 6A Application of National Energy Retail Law 17 amendments 18 (1) The amendments made to the National Electricity 19 Law by the Statutes Amendment (National 20 Energy Retail Law) Act 2011 (SA) start to apply 21 in Queensland when the National Energy Retail 22 Law, part 2 commences. 23 (2) In this section-- 24 National Electricity Law means the National 25 Electricity Law set out in the Schedule to the 26 National Electricity (South Australia) Act 1996. 27 Page 26

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 6 Amendment of Acts [s 35] 35 Insertion of new pt 4 hdg 1 Before section 11-- 2 insert-- 3 Part 4 Related matters 4 36 Insertion of new ss 12-14 5 After section 11-- 6 insert-- 7 12 Regulation-making power for the National 8 Electricity (Queensland) Law 9 The Governor in Council may make such regulations 10 as are contemplated by the National Electricity 11 (Queensland) Law as being made under this Act as the 12 application Act of this jurisdiction. 13 13 Validation of instruments and decisions made 14 by AER 15 (1) This section applies to an instrument or a 16 decision made by the AER if-- 17 (a) the instrument or decision was made-- 18 (i) at or after the time the amendments of 19 the National Electricity Law by the 20 Statutes Amendment (National Energy 21 Retail Law) Act 2011 (SA) were 22 enacted; but 23 (ii) before the time (the application time) 24 the amendments started to apply under 25 this Act as a law of Queensland; and 26 (b) had the amendments started so to apply, the 27 making of the instrument or decision would 28 have been authorised by 1 of the following 29 laws (the authorising law)-- 30 Page 27

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 6 Amendment of Acts [s 36] (i) the National Electricity (Queensland) 1 Law; 2 (ii) the National Electricity (Queensland) 3 Regulations; 4 (iii) this Act; 5 (iv) a regulation under this Act; and 6 (c) if the making of the instrument or decision 7 would be so authorised subject to the 8 satisfaction of any conditions or other 9 requirements (for example, consultation or 10 publication requirements)--the AER has 11 done anything that would, if the 12 amendments had started so to apply, be 13 required under the authorising law for the 14 instrument or decision to be so authorised. 15 (2) For the purposes of the authorising law-- 16 (a) the instrument or decision is taken to be 17 valid; and 18 (b) the instrument or decision has effect from 19 the application time-- 20 (i) as varied, and unless revoked, by any 21 other instrument or decision to which 22 this section applies; and 23 (ii) subject to that law as so applying. 24 (3) For this section-- 25 (a) guidelines are an example of an instrument; 26 and 27 (b) the following are examples of decisions-- 28 (i) appointments; 29 (ii) determinations; 30 (iii) approvals. 31 (4) In this section-- 32 Page 28

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 6 Amendment of Acts [s 36] National Electricity Law means the National 1 Electricity Law set out in the Schedule to the 2 National Electricity (South Australia) Act 1996 3 (SA). 4 14 Authorisation of preparatory steps by AER 5 (1) This section applies if-- 6 (a) the AER is required to do something (a 7 preparatory step) before making a decision 8 or making an instrument under 1 of the 9 following (the authorising law)-- 10 (i) the National Electricity (Queensland) 11 Law; 12 (ii) the National Electricity (Queensland) 13 Regulations; 14 (iii) this Act; 15 (iv) a regulation under this Act; and 16 (b) the preparatory step would have been 17 required under the authorising law if the 18 amendments of the National Electricity Law 19 by the Statutes Amendment (National 20 Energy Retail Law) Act 2011 (SA) had 21 started to apply under this Act as a law of 22 Queensland; and 23 (c) the AER takes the preparatory step-- 24 (i) at or after the time the amendments 25 were enacted; but 26 (ii) before the time the amendments started 27 to apply under this Act as a law of 28 Queensland. 29 (2) For the purposes of the authorising law, the AER 30 is taken to have complied with the requirement to 31 take the preparatory step. 32 Page 29

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 6 Amendment of Acts [s 37] (3) In this section-- 1 National Electricity Law means the National 2 Electricity Law set out in the Schedule to the 3 National Electricity (South Australia) Act 1996 4 (SA). 5 Division 3 Amendment of National Gas 6 (Queensland) Act 2008 7 37 Act amended 8 This division amends the National Gas (Queensland) Act 9 2008. 10 38 Amendment of s 7 (Application in Queensland of National 11 Gas Law) 12 Section 7(1)(a), after `Queensland'-- 13 insert-- 14 , with the modifications stated in section 7A or 15 prescribed by regulation under section 16 16 39 Insertion of new s 7A 17 After section 7-- 18 insert-- 19 7A Application of National Energy Retail Law 20 amendments 21 (1) The amendments made to the National Gas Law 22 by the Statutes Amendment (National Energy 23 Retail Law) Act 2011 (SA) start to apply in 24 Queensland when the National Energy Retail 25 Law (Queensland), part 2, commences. 26 (2) In this section-- 27 Page 30

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 6 Amendment of Acts [s 40] National Gas Law means the National Gas Law 1 set out in the Schedule to the South Australian 2 Act. 3 40 Replacement of s 16 (Regulation-making power) 4 Section 16-- 5 omit, insert-- 6 16 Regulation-making power for the National Gas 7 (Queensland) Law 8 (1) The Governor in Council may make such 9 regulations as are contemplated by the National 10 Gas (Queensland) Law as being made under this 11 Act as the application Act of this jurisdiction. 12 (2) In addition, the Governor in Council may, by 13 regulation, modify the National Gas Rules, to the 14 extent they apply as part of the law of 15 Queensland, to provide for a transitional 16 arrangement for the provision of connection 17 services by distributors. 18 (3) Without limiting subsection (2), the transitional 19 arrangement may, despite the commencement of 20 Part 12A of the National Gas Rules, allow the 21 connection services to be provided, for a stated 22 period of not more than 1 year, under a model 23 standing offer that has not been approved by the 24 AER. 25 (4) In subsections (2) and (3), the terms connection 26 services, distributor and model standing offer 27 have the same meaning as they have under Part 28 12A of the National Gas Rules. 29 16A Validation of instruments and decisions made 30 by AER 31 (1) This section applies to an instrument or a 32 decision made by the AER if-- 33 Page 31

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 6 Amendment of Acts [s 40] (a) the instrument or decision was made-- 1 (i) at or after the time the amendments of 2 the National Gas Law by the Statutes 3 Amendment (National Energy Retail 4 Law) Act 2011 (SA) were enacted; but 5 (ii) before the time (the application time) 6 the amendments started to apply under 7 this Act as a law of Queensland; and 8 (b) had the amendments started so to apply, the 9 making of the instrument or decision would 10 have been authorised by 1 of the following 11 laws (the authorising law)-- 12 (i) the National Gas (Queensland) Law; 13 (ii) the National Gas (Queensland) 14 Regulations; 15 (iii) this Act; 16 (iv) a regulation under this Act; and 17 (c) if the making of the instrument or decision 18 would be so authorised subject to the 19 satisfaction of any conditions or other 20 requirements (for example, consultation or 21 publication requirements)--the AER has 22 done anything that would, if the 23 amendments had started so to apply, be 24 required under the authorising law for the 25 instrument or decision to be so authorised. 26 (2) For the purposes of the authorising law-- 27 (a) the instrument or decision is taken to be 28 valid; and 29 (b) the instrument or decision has effect from 30 the application time-- 31 (i) as varied, and unless revoked, by any 32 other instrument or decision to which 33 this section applies; and 34 Page 32

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 6 Amendment of Acts [s 40] (ii) subject to that law as so applying. 1 (3) For this section-- 2 (a) guidelines are an example of an instrument; 3 and 4 (b) the following are examples of decisions-- 5 (i) appointments; 6 (ii) determinations; 7 (iii) approvals. 8 (4) In this section-- 9 National Gas Law means the National Gas Law 10 set out in the Schedule to the South Australian 11 Act. 12 16B Authorisation of preparatory steps by AER 13 (1) This section applies if-- 14 (a) the AER is required to do something (a 15 preparatory step) before making a decision 16 or making an instrument under 1 of the 17 following (the authorising law)-- 18 (i) the National Gas (Queensland) Law; 19 (ii) the National Gas (Queensland) 20 Regulations; 21 (iii) this Act; 22 (iv) a regulation under this Act; and 23 (b) the preparatory step would have been 24 required under the authorising law if the 25 amendments of the National Gas Law by the 26 Statutes Amendment (National Energy 27 Retail Law) Act 2011 (SA) had started to 28 apply under this Act as a law of Queensland; 29 and 30 (c) the AER takes the preparatory step-- 31 Page 33

 


 

National Energy Retail Law (Queensland) Bill 2014 Part 6 Amendment of Acts [s 40] (i) at or after the time the amendments 1 were enacted; but 2 (ii) before the time the amendments started 3 to apply under this Act as a law of 4 Queensland. 5 (2) For the purposes of the authorising law, the AER 6 is taken to have complied with the requirement to 7 take the preparatory step. 8 (3) In this section-- 9 National Gas Law means the National Gas Law 10 set out in the Schedule to the South Australian 11 Act. 12 Page 34

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule Schedule Modification of application of 1 National Energy Retail Law 2 section 4 3 1 Section 2(1)-- 4 insert-- 5 assigned retailer means a government owned 6 corporation declared, under section 64C, to be an 7 assigned retailer for Subdivision 2 of Division 8 12A of Part 2; 9 Editor's note-- 10 This definition is an additional Queensland provision. 11 card-operated meter means a device, including 12 any associated equipment, for measuring 13 electricity that switches on and off in accordance 14 with the amount of credit applied to the device by 15 a card designed for use with the device; 16 Editor's note-- 17 This definition is an additional Queensland provision. 18 card-operated meter premises means premises of 19 a small customer at which electricity is sold to 20 the small customer using a card-operated meter; 21 Editor's note-- 22 This definition is an additional Queensland provision. 23 compliance, investigation or enforcement 24 provision means the following-- 25 (a) Part 8; 26 (b) Divisions 1 to 3 of Part 13; 27 (c) any other provision of this Law conferring 28 on the AER a function or power relating to 29 monitoring, investigating or enforcing 30 provisions of this Law; 31 Page 35

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule (d) any other provision of this Law relating to 1 the performance of a function or exercise of 2 a power under a provision mentioned in 3 paragraph (a), (b) or (c); 4 Editor's note-- 5 This definition is an additional Queensland provision. 6 Ergon Energy Distribution means Ergon Energy 7 Corporation Limited ACN 087 646 062; 8 Editor's note-- 9 This definition is an additional Queensland provision. 10 government owned corporation-- 11 (a) means a government owned corporation 12 within the meaning given by the 13 Government Owned Corporations Act 1993 14 of Queensland; and 15 (b) includes a subsidiary within the meaning 16 given by that Act; 17 Editor's note-- 18 This definition is an additional Queensland provision. 19 2 Section 2(1), definition financially responsible retailer-- 20 omit, insert-- 21 financially responsible retailer for premises 22 means-- 23 (a) for electricity-- 24 (i) for premises connected to a nominated 25 distributor's distribution system--the 26 retailer who is currently selling, or 27 most recently sold, electricity to a 28 customer at the premises; or 29 (ii) for other premises--the retailer who is 30 the financially responsible Market 31 Participant responsible for the premises 32 under the NER; or 33 Page 36

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule (b) for gas-- 1 (i) for premises connected to a nominated 2 distributor's distribution system--the 3 retailer who is currently selling, or 4 most recently sold, gas to a customer at 5 the premises; or 6 (ii) for other premises--the retailer who is 7 responsible for settling the account for 8 gas withdrawn from the delivery point 9 (however described) associated with 10 the premises under the relevant Retail 11 Market Procedures; 12 Editor's note-- 13 This definition is a substituted Queensland 14 provision. 15 3 Section 2(1)-- 16 insert-- 17 large customer standard retail contract, of an 18 assigned retailer, means the retailer's large 19 customer standard retail contract under 20 Subdivision 2 of Division 12A of Part 2; 21 Editor's note-- 22 This definition is an additional Queensland provision. 23 monitoring, investigating or enforcing, in 24 relation to a provision of this Law, means the 25 following-- 26 (a) monitoring compliance by persons with the 27 provision; 28 (b) investigating breaches or possible breaches 29 of the provision, including offences; 30 (c) instituting and conducting proceedings in 31 relation to breaches of the provision; 32 Page 37

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule (d) instituting and conducting appeals from 1 decisions in proceedings mentioned in 2 paragraph (c); 3 Editor's note-- 4 This definition is an additional Queensland provision. 5 4 Section 2(1), definition prepayment meter system-- 6 omit, insert-- 7 prepayment meter system-- 8 (a) means a device, componentry, software or 9 other mechanism that operates to permit the 10 flow of energy through a meter after 11 prepayment and when activated by a card, 12 code or some other method; but 13 (b) does not include a device, componentry, 14 software or other mechanism that is or 15 includes a card-operated meter; 16 Editor's note-- 17 This definition is a substituted Queensland provision. 18 5 Section 2(1)-- 19 insert-- 20 standard retail contract (card-operated meters) 21 means a standard retail contract consistent with 22 the model terms and conditions applying to 23 standard retail contracts for selling electricity to a 24 small customer using a card-operated meter; 25 Editor's note-- 26 This definition is an additional Queensland provision. 27 Page 38

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule 6 Section 4(1), Table-- 1 insert-- 2 Section 19A(1) Restriction on selling electricity to particular small customers Section 19B(1) Restriction on selling gas to particular small customers Section 19C(1), (4) and (6) Additional restrictions on sale of energy by assigned retailer Section 60C(1) Contractual arrangements for selling electricity using card-operated meter Section 60D(1) and (4) Premises registered as having life support equipment Section 64A(1) Restriction on selling gas to particular large customers Section 64D(2) and (4) Assigned retailer to make offer to large customers Section 64E(5) Assigned retailer's large customer standard retail contract Section 64M(2) and (3) Origin Energy to make offer to large customers Section 64N(5) Origin Energy's large customer standard retail contract Section 78B(1) Contractual arrangements for card-operated meter premises 7 Section 4(1), after the Table-- 3 insert-- 4 Editor's note-- 5 The entries in the Table for sections 19A(1), 19B(1), 6 19C(1), (4) and (6), 60C(1), 60D(1) and (4), 64A(1), 7 64D(2) and (4), 64E(5), 64M(2) and (3), 64N(5) and 8 78B(1) are additional Queensland provisions. 9 8 Section 5(3)-- 10 omit, insert-- 11 (3) A large customer is-- 12 (a) a business customer who consumes energy 13 at business premises at or above the upper 14 consumption threshold; or 15 Page 39

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule (b) the State or a local government that 1 consumes energy at street lighting premises. 2 Editor's note-- 3 This subsection is a substituted Queensland provision. 4 9 Section 5-- 5 insert-- 6 (5) In this section-- 7 local government means-- 8 (a) the Brisbane City Council; or 9 (b) a local government under the Local 10 Government Act 2009 of Queensland; 11 State has the meaning given by section 18(2); 12 street lighting premises means premises 13 comprising street lighting or a system of street 14 lighting. 15 Editor's note-- 16 This subsection is an additional Queensland provision. 17 10 Section 8-- 18 insert-- 19 (3) Editor's notes included in this Law do not form 20 part of this Law. 21 (4) The following apply for interpreting editor's 22 notes included in this Law-- 23 (a) an additional Queensland provision is a 24 provision of this Law that does not form part 25 of the NERL and has been included for the 26 application of the NERL in Queensland; 27 (b) a substituted Queensland provision is a 28 provision of this Law that is a substitute for 29 a provision of the NERL (of the same 30 Page 40

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule number) and has been substituted for the 1 application of the NERL in Queensland; 2 (c) a provision that is not applicable in 3 Queensland is a provision of the NERL that 4 does not apply in Queensland. 5 (5) In this section-- 6 NERL means the National Energy Retail Law, as 7 amended from time to time, set out in the 8 Schedule to the National Energy Retail Law 9 (South Australia) Act 2011 of South Australia. 10 Editor's note-- 11 Subsections (3) to (5) are additional Queensland 12 provisions. 13 11 Section 19(2)-- 14 omit, insert-- 15 (2) This Part, other than Divisions 12 and 12A, does 16 not apply to or affect the relationship between 17 retailers and large customers. 18 Editor's note-- 19 This subsection is a substituted Queensland provision. 20 12 After section 19-- 21 insert-- 22 Division 1A Additional Queensland 23 provisions about 24 restrictions on sale of 25 energy 26 Editor's note-- 27 The provisions of this Division are additional 28 Queensland provisions. 29 Page 41

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule 19A Restriction on selling electricity to particular 1 small customers 2 (1) A retailer must not sell electricity to an excluded 3 small customer unless-- 4 (a) the retailer is the designated retailer for the 5 customer's premises; or 6 (b) the sale is authorised or required under the 7 RoLR scheme under Part 6. 8 Note-- 9 This subsection is a civil penalty provision. 10 (2) In this section-- 11 excluded small customer means a small 12 customer who is-- 13 (a) an excluded customer under section 23(5) of 14 the Electricity Act 1994 of Queensland; or 15 (b) a customer to whom section 319 or 319A of 16 the Electricity Act 1994 of Queensland 17 applies. 18 19B Restriction on selling gas to particular small 19 customers 20 (1) A retailer must not sell gas to an excluded small 21 customer unless the sale is authorised or required 22 under-- 23 (a) the RoLR scheme under Part 6; or 24 (b) an insufficiency of supply declaration, or an 25 insufficiency of supply direction, under the 26 Gas Supply Act 2003 of Queensland. 27 Note-- 28 This subsection is a civil penalty provision. 29 (2) To remove any doubt, it is declared that section 30 22 does not apply to a retailer selling gas to an 31 excluded small customer. 32 Page 42

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule (3) However, Division 9 applies to a retailer selling 1 gas to an excluded small customer in the 2 retailer's capacity as the financially responsible 3 retailer for premises. 4 (4) In this section-- 5 excluded small customer means a small 6 customer who is an excluded customer under 7 section 16(4) of the Gas Supply Act 2003 of 8 Queensland. 9 19C Additional restrictions on sale of energy by 10 assigned retailer 11 (1) An assigned retailer may provide customer retail 12 services to a customer for premises only if the 13 retailer is-- 14 (a) in a case where there is no existing 15 connection--the local area retailer for the 16 relevant geographical area, premises or 17 customer (see section 11(3)); or 18 (b) in a case where there is an existing 19 connection (including where a connection 20 alteration to an existing connection is 21 required)-- 22 (i) the local area retailer for the relevant 23 geographical area, premises or 24 customer (see section 11(3)); and 25 (ii) the financially responsible retailer for 26 the premises. 27 Note-- 28 This subsection is a civil penalty provision. 29 (2) Subsection (1) does not apply if the assigned 30 retailer provides customer retail services to a 31 customer who is required to be transferred to the 32 retailer to correct an erroneous transfer, 33 completed under the NER, from the retailer to 34 another holder of a retailer authorisation. 35 Page 43

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule (3) It is a defence to a proceeding under subsection 1 (1) if, because of information given by the 2 customer, the assigned retailer reasonably 3 believed it was obliged to provide customer retail 4 services to the customer for the premises. 5 (4) An assigned retailer may provide customer retail 6 services to a customer only under-- 7 (a) for a small customer--a standard retail 8 contract (including a standard retail contract 9 (card-operated meters)); or 10 (b) for a large customer--the retailer's large 11 customer standard retail contract. 12 Note-- 13 This subsection is a civil penalty provision. 14 (5) Subsection (4) does not apply to an assigned 15 retailer providing customer retail services to a 16 customer in the circumstances prescribed under a 17 local instrument of this jurisdiction. 18 (6) If an assigned retailer provides customer retail 19 services under subsection (5), the retailer must 20 comply with the conditions prescribed under a 21 local instrument of this jurisdiction for the 22 provision of the services. 23 Note-- 24 This subsection is a civil penalty provision. 25 19D Monitoring, investigating and enforcing this 26 Division 27 (1) A local instrument of this jurisdiction must 28 nominate the entity who is the Regulator for this 29 Division. 30 (2) The Regulator has, for monitoring, investigating 31 or enforcing this Division, the same functions 32 and powers the AER has for monitoring, 33 investigating or enforcing other provisions of this 34 Law. 35 Page 44

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule (3) For subsection (2), this Law applies to 1 monitoring, investigating or enforcing this 2 Division as if a reference in a compliance, 3 investigation or enforcement provision to the 4 AER were a reference to the Regulator. 5 (4) This Law confers functions and powers on the 6 AER for monitoring, investigating or enforcing 7 this Division only if the AER is nominated as the 8 Regulator under subsection (1) and only to the 9 extent provided for under this section. 10 13 After section 22-- 11 insert-- 12 22A Additional Queensland provision about 13 standing offer prices for particular retailers 14 (1) Subsection (2) applies if there are notified prices 15 under section 90(4) of the Electricity Act 1994 of 16 Queensland for a retailer providing customer 17 retail services to all or particular small 18 customers. 19 (2) For the purposes of this Law, the retailer's 20 standing offer prices for providing the customer 21 retail services to the small customers must, under 22 section 91A of the Electricity Act 1994 of 23 Queensland, be the notified prices. 24 (3) Subsection (4) applies if-- 25 (a) on or after the commencement of this 26 section, there were notified prices under 27 section 90(4) of the Electricity Act 1994 of 28 Queensland for a retailer providing 29 customer retail services to all or particular 30 small customers; and 31 (b) the price determination fixing the notified 32 prices no longer applies under section 89B 33 of the Electricity Act 1994 of Queensland. 34 Page 45

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule (4) For the purposes of this Law, for the first 2 years 1 after the price determination no longer applies, 2 the retailer's standing offer prices for providing 3 the customer retail services to the small 4 customers may comprise only fees and charges of 5 types that were the subject of the notified prices 6 for the financial year immediately preceding the 7 day the price determination no longer applies. 8 Editor's note-- 9 This section is an additional Queensland provision. 10 14 Section 23-- 11 insert-- 12 (8) Limitation on application of this section 13 This section applies only as follows-- 14 (a) in relation to a retailer who sells gas; 15 (b) subject to subsection (9), in relation to a 16 retailer who sells electricity to small 17 customers whose standing offer prices stop 18 being notified prices under section 90(4) of 19 the Electricity Act 1994 of Queensland 20 because the price determination fixing the 21 notified prices no longer applies (as 22 mentioned in section 22A(3)). 23 (9) Modified application of this section 24 This section applies in relation to a retailer 25 mentioned in subsection (8)(b) with the 26 following changes-- 27 (a) the retailer-- 28 (i) must set its standing offer prices 29 immediately after the price 30 determination mentioned in the 31 subsection no longer applies; and 32 (ii) can not vary the standing offer prices 33 for 1 year after the prices are set under 34 Page 46

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule subparagraph (i), unless the variation is 1 to reduce the standing offer prices; 2 (b) despite subsection (3)(c), if the retailer 3 varies its standing offer prices to increase 4 the prices, the retailer must inform each 5 affected customer of the variation before the 6 variation takes effect; 7 (c) despite subsections (2)(b) and (5), the 8 retailer may vary its standing offer prices to 9 reduce the prices at any time. 10 Editor's note-- 11 Subsections (8) and (9) are additional Queensland 12 provisions. 13 15 After section 23-- 14 insert-- 15 23A Additional Queensland provision about 16 publication and notification of standing offer 17 prices etc. 18 (1) This section applies to a retailer who sells 19 electricity to small customers whose standing 20 offer prices are notified prices under section 21 90(4) of the Electricity Act 1994. 22 (2) The retailer must, if the retailer's standing offer 23 prices are varied, inform each affected customer 24 of the variation when the retailer sends the next 25 bill to the customer. 26 Editor's note-- 27 This section is an additional Queensland provision. 28 23B Monitoring, investigating and enforcing ss 29 22A and 23A 30 (1) A local instrument of this jurisdiction must 31 nominate the entity that is the Regulator for 32 sections 22A and 23A (each a relevant 33 Page 47

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule provision). 1 (2) The Regulator has, for monitoring, investigating 2 or enforcing a relevant provision, the same 3 functions and powers the AER has for 4 monitoring, investigating or enforcing other 5 provisions of this Law. 6 (3) For subsection (2), this Law applies to 7 monitoring, investigating or enforcing a relevant 8 provision as if a reference in a compliance, 9 investigation or enforcement provision to the 10 AER were a reference to the Regulator. 11 (4) This Law confers functions and powers on the 12 AER for monitoring, investigating or enforcing a 13 relevant provision only if the AER is nominated 14 as the Regulator under subsection (1) and only to 15 the extent provided for under this section. 16 Editor's note-- 17 This section is an additional Queensland provision. 18 16 Section 31-- 19 insert-- 20 (3) This section does not apply to a designated 21 retailer who sells electricity. 22 Editor's note-- 23 This subsection is an additional Queensland provision. 24 17 After section 60-- 25 insert-- 26 Division 10A Additional Queensland 27 provisions about selling 28 electricity using 29 card-operated meters 30 Editor's note-- 31 Page 48

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule The provisions of this Division are additional 1 Queensland provisions. 2 60A Model terms and conditions for standard retail 3 contract for selling electricity using 4 card-operated meter 5 (1) A local instrument of this jurisdiction must set 6 out the model terms and conditions that apply to 7 standard retail contracts for selling electricity to a 8 small customer using a card-operated meter. 9 (2) Subject to this Division, this Law applies to 10 standard retail contracts for selling electricity to a 11 small customer using a card-operated meter as if 12 a reference in this Law to the model terms and 13 conditions for standard retail contracts were a 14 reference to the model terms and conditions set 15 out in the local instrument. 16 60B Adoption of form of standard retail contract 17 (card-operated meters) 18 Section 25(1) requires a retailer to adopt and publish a 19 standard retail contract (card-operated meters) on the 20 retailer's website if the retailer sells electricity to a 21 small customer using a card-operated meter. 22 60C Contractual arrangements for selling 23 electricity using card-operated meter 24 (1) A retailer may sell electricity to a small customer 25 using a card-operated meter only under a 26 standard retail contract (card-operated meters). 27 Note-- 28 This subsection is a civil penalty provision. 29 (2) However, a retailer must obtain the explicit 30 informed consent of a small customer for the 31 entry by the customer into a standard retail 32 contract (card-operated meters) for premises 33 Page 49

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule registered under the Rules as having life support 1 equipment. 2 Note-- 3 See sections 38 and 41 for the consequences of 4 contravening this subsection. 5 60D Premises registered as having life support 6 equipment 7 (1) If a retailer who, with a small customer, has a 8 standard retail contract (card-operated meters) 9 for premises is notified by the customer or a 10 distributor that the premises are registered under 11 the Rules as having life support equipment, the 12 retailer must make immediate arrangements 13 for-- 14 (a) the removal of the card-operated meter at no 15 cost to the small customer; and 16 (b) the installation of a standard meter to 17 replace a card-operated meter at no cost to 18 the small customer; and 19 (c) the provision of information to the small 20 customer about, and a general description 21 of, the customer retail contracts available to 22 the customer. 23 Note-- 24 This subsection is a civil penalty provision. 25 (2) Subsection (1) does not apply if the small 26 customer gives the retailer explicit informed 27 consent for the card-operated meter to continue 28 to be used at the premises. 29 (3) Subsection (4) applies to a retailer who, with a 30 small customer, has a standard retail contract 31 (card-operated meters) for premises registered 32 under the Rules as having life support equipment. 33 (4) The retailer must adopt programs and strategies 34 to help the small customer to better manage the 35 Page 50

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule customer's electricity costs to avoid the 1 card-operated meter installed on the premises 2 from preventing the flow of electricity to the 3 premises solely due to financial difficulty. 4 Note-- 5 This subsection is a civil penalty provision. 6 (5) In this section-- 7 installation of a standard meter to replace a 8 card-operated meter includes the conversion of 9 the card-operated meter to a standard operating 10 mode so that the card-operated meter operates as 11 a standard meter. 12 removal of a card-operated meter includes 13 rendering the meter non-operational. 14 standard meter, for a particular small customer, 15 means a metering installation of the type that 16 would ordinarily be installed at the premises of 17 the customer. 18 60E Monitoring, investigating and enforcing this 19 Division 20 (1) A local instrument of this jurisdiction must 21 nominate the entity who is the Regulator for this 22 Division. 23 (2) The Regulator has, for monitoring, investigating 24 or enforcing this Division, the same functions 25 and powers the AER has for monitoring, 26 investigating or enforcing other provisions of this 27 Law. 28 (3) For subsection (2), this Law applies to 29 monitoring, investigating or enforcing this 30 Division as if a reference in a compliance, 31 investigation or enforcement provision to the 32 AER were a reference to the Regulator. 33 (4) This Law confers functions and powers on the 34 AER for monitoring, investigating or enforcing 35 Page 51

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule this Division only if the AER is nominated as the 1 Regulator under subsection (1) and only to the 2 extent provided for under this section. 3 18 Part 2-- 4 insert-- 5 Division 12A Additional Queensland 6 provisions about large 7 customers 8 Editor's note-- 9 The provisions of this Division are additional 10 Queensland provisions. 11 Subdivision 1 Restriction on sale of gas 12 64A Restriction on selling gas to particular large 13 customers 14 (1) A retailer must not sell gas to an excluded large 15 customer unless the sale is authorised or required 16 under-- 17 (a) the RoLR scheme under Part 6; or 18 (b) an insufficiency of supply declaration, or an 19 insufficiency of supply direction, under the 20 Gas Supply Act 2003 of Queensland. 21 Note-- 22 This subsection is a civil penalty provision. 23 (2) However, Division 12 applies to a retailer selling 24 gas to an excluded large customer in the retailer's 25 capacity as the financially responsible retailer for 26 premises. 27 (3) In this section-- 28 Page 52

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule excluded large customer means a large customer 1 who is an excluded customer under section 16(4) 2 of the Gas Supply Act 2003 of Queensland. 3 Subdivision 2 Assigned retailer to 4 provide customer retail 5 services to particular large 6 customers 7 64B Definition 8 In this Subdivision-- 9 notified prices, for an assigned retailer, means 10 the notified prices applying to the retailer under 11 section 90(4) of the Electricity Act 1994 of 12 Queensland. 13 64C Declaration of assigned retailer 14 A local instrument of this jurisdiction may declare a 15 retailer to be an assigned retailer for this Subdivision 16 if the retailer is a government owned corporation. 17 64D Assigned retailer to make offer to large 18 customers 19 (1) This section applies if, for a large customer's 20 premises, an assigned retailer is-- 21 (a) if there is no existing connection--the local 22 area retailer for the relevant geographical 23 area, premises or customer (see section 24 11(3)); or 25 (b) if there is an existing connection (including 26 where a connection alteration to an existing 27 connection is required)--the financially 28 responsible retailer for the premises. 29 Page 53

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule (2) The assigned retailer must make an offer (a 1 standing offer) to the large customer to provide 2 customer retail services to the premises-- 3 (a) at the notified prices; and 4 (b) under the retailer's large customer standard 5 retail contract. 6 Note-- 7 This subsection is a civil penalty provision. 8 (3) A local instrument of this jurisdiction may 9 prescribe the manner and form in which a 10 standing offer is to be made. 11 (4) Without limiting the power to make a local 12 instrument under subsection (3) relating to the 13 manner and form in which a standing offer is to 14 be made, the assigned retailer must publish the 15 terms and conditions of the standing offer on its 16 website. 17 Note-- 18 This subsection is a civil penalty provision. 19 (5) This section does not apply to an assigned retailer 20 providing customer retail services to a large 21 customer in the circumstances prescribed under a 22 local instrument of this jurisdiction. 23 64E Assigned retailer's large customer standard 24 retail contract 25 (1) The terms and conditions of the assigned 26 retailer's large customer standard retail contract 27 are the terms and conditions decided by the 28 retailer as amended by it from time to time. 29 (2) However, the terms and conditions of the large 30 customer standard retail contract must provide 31 for the provision of the services on a fair and 32 reasonable basis and at the notified prices. 33 Page 54

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule (3) Services under the large customer standard retail 1 contract are taken to be provided on a fair and 2 reasonable basis if the terms and conditions of 3 the contract are consistent with the assigned 4 retailer's form of standard retail contract for 5 providing customer retail services to small 6 customers adopted under section 25 or varied 7 under section 28. 8 (4) The terms and conditions of the large customer 9 standard retail contract may be different for 10 stated types of large customers and be contained 11 in a different document for any of the types of 12 large customers. 13 (5) The assigned retailer must publish its large 14 customer standard retail contract on its website. 15 Note-- 16 This subsection is a civil penalty provision. 17 64F Formation of assigned retailer's large 18 customer standard retail contract 19 (1) An assigned retailer's large customer standard 20 retail contract takes effect as a contract between 21 the retailer and a large customer when the 22 customer-- 23 (a) asks the retailer to provide customer retail 24 services at premises under the retailer's 25 standing offer under section 64D; and 26 (b) complies with the requirements specified in 27 the Rules as pre-conditions to the formation 28 of standard retail contracts applied to the 29 retailer's large customer standard retail 30 contract or as otherwise prescribed under a 31 local instrument of this jurisdiction. 32 (2) The assigned retailer can not decline to enter into 33 the large customer standard retail contract if the 34 customer makes the request and complies with 35 the requirements referred to in subsection (1). 36 Page 55

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule 64G Obligation to comply with assigned retailer's 1 large customer standard retail contract 2 An assigned retailer must comply with its obligations 3 under the terms and conditions of its large customer 4 standard retail contract between it and a large 5 customer. 6 64H Duration of assigned retailer's large customer 7 standard retail contract 8 An assigned retailer's large customer standard retail 9 contract between the retailer and a large customer for 10 the provision of customer retail services to the 11 premises of the large customer remains in force until 12 the contract is terminated in accordance with this Law, 13 a local instrument of this jurisdiction or the contract. 14 64I Deemed large customer retail arrangement for 15 new or continuing customer without assigned 16 retailer's large customer standard 17 retail contract 18 (1) This section applies to energised premises for 19 which an assigned retailer is the financially 20 responsible retailer. 21 (2) An arrangement (a deemed large customer retail 22 arrangement) is taken to apply between the 23 assigned retailer and a move-in large customer. 24 (3) The deemed large customer retail arrangement 25 comes into operation when the move-in large 26 customer starts consuming energy at the 27 premises. 28 (4) The deemed large customer retail arrangement 29 ceases to be in operation if-- 30 (a) the assigned retailer's large customer 31 standard retail contract is formed for the 32 premises; or 33 Page 56

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule (b) the move-in large customer enters into a 1 contract or other arrangement for the sale of 2 electricity to the premises with an entity 3 other than the assigned retailer. 4 (5) Subsection (2) does not apply if the customer 5 consumes energy at the premises by fraudulent or 6 illegal means. 7 (6) Subsection (4) does not affect any rights or 8 obligations that have already accrued under the 9 deemed large customer retail arrangement. 10 (7) If the customer consumes energy at the premises 11 by fraudulent or illegal means-- 12 (a) the customer is nevertheless liable to pay the 13 assigned retailer's notified prices for the 14 premises in respect of the energy so 15 consumed; and 16 (b) the assigned retailer may estimate and issue 17 a bill for the charges payable and recover 18 those charges in accordance with those 19 notified prices as a debt in a court of 20 competent jurisdiction; and 21 (c) payment or recovery of any such charges is 22 not a defence to an offence relating to 23 obtaining energy by fraudulent or illegal 24 means. 25 (8) A move-in large customer is required to contact 26 the assigned retailer and take appropriate steps to 27 enter into the retailer's large customer standard 28 retail contract as soon as practicable. 29 (9) In this section-- 30 move-in large customer means a large customer 31 who starts consuming energy at the premises 32 without first applying to the assigned retailer for 33 the provision of customer retail services. 34 Page 57

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule 64J Terms and conditions of deemed large 1 customer retail arrangements 2 (1) The terms and conditions of a deemed large 3 customer retail arrangement under section 64I are 4 the terms and conditions of the assigned retailer's 5 large customer standard retail contract. 6 (2) The prices applicable to a deemed large customer 7 retail arrangement are the assigned retailer's 8 notified prices. 9 (3) A local instrument of this jurisdiction may make 10 provision for or with respect to deemed large 11 customer retail arrangements, and in particular 12 may supplement or modify the terms and 13 conditions of deemed large customer retail 14 arrangements. 15 64K Application of Rules to assigned retailer's 16 large customers 17 A local instrument of this jurisdiction may apply, with 18 or without modification, specified provisions of the 19 Rules relating to the provision of customer retail 20 services to small customers to the provision of 21 customer retail services by the assigned retailer to 22 large customers. 23 Subdivision 3 Origin Energy to provide 24 customer retail services to 25 particular large customers 26 64L Definition 27 In this Subdivision-- 28 notified prices means the notified prices applying 29 to Origin Energy under section 90(4) of the 30 Electricity Act 1994 of Queensland. 31 Page 58

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule special approval no. SA02/11 means the special 1 approval under the Electricity Act 1994 of 2 Queensland that was held by Origin Energy and 3 in effect from 1 March 2011 to the 4 commencement of this section. 5 64M Origin Energy to make offer to particular large 6 customers 7 (1) This section applies if-- 8 (a) for a large customer's premises, Origin 9 Energy is-- 10 (i) if there is no existing connection--the 11 local area retailer for the relevant 12 geographical area, premises or 13 customer (see section 11(3)); or 14 (ii) if there is an existing connection 15 (including where a connection 16 alteration to an existing connection is 17 required)--the financially responsible 18 retailer for the premises; and 19 (b) for paragraph (a)(ii), no alternative 20 arrangements for the provision of customer 21 retail services to the premises have been 22 entered into by the large customer, or any 23 former customer for the premises, from 1 24 March 2011; and 25 (c) the premises are located in the area 26 described in special approval no. SA01/11. 27 Note-- 28 The holder of special approval no. SA01/11 is 29 Essential Energy ABN 37 428 185 226. 30 (2) Origin Energy must make an offer (a standing 31 offer) to the large customer to provide customer 32 retail services to the premises-- 33 (a) at the notified prices; and 34 Page 59

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule (b) under Origin Energy's large customer 1 standard retail contract. 2 Note-- 3 This subsection is a civil penalty provision. 4 (3) Origin Energy must publish the terms and 5 conditions of the standing offer on its website. 6 Note-- 7 This subsection is a civil penalty provision. 8 (4) In this section-- 9 alternative arrangements, for the provision of 10 customer retail services, means arrangements for 11 the provision of the customer retail services other 12 than under-- 13 (a) a large customer retail contract with Origin 14 Energy; or 15 (b) a standard retail contract with Origin 16 Energy; or 17 (c) special approval no. SA02/11. 18 64N Origin Energy's large customer standard retail 19 contract 20 (1) The terms and conditions of Origin Energy's 21 large customer standard retail contract are the 22 terms and conditions decided by Origin Energy 23 as amended by it from time to time. 24 (2) However, the terms and conditions of the large 25 customer standard retail contract must provide 26 for the provision of the services on a fair and 27 reasonable basis and at the notified prices. 28 (3) Services under the large customer standard retail 29 contract are taken to be provided on a fair and 30 reasonable basis if the terms and conditions of 31 the contract are consistent with Origin Energy's 32 form of standard retail contract for providing 33 customer retail services to small customers 34 Page 60

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule adopted under section 25 or varied under section 1 28. 2 (4) The terms and conditions of the large customer 3 standard retail contract may be different for 4 stated types of large customers and be contained 5 in a different document for any of the types of 6 large customers. 7 (5) Origin Energy must publish its large customer 8 standard retail contract on its website. 9 Note-- 10 This subsection is a civil penalty provision. 11 64O Formation of Origin Energy's large customer 12 standard retail contract 13 (1) Origin Energy's large customer standard retail 14 contract takes effect as a contract between the 15 retailer and a large customer when the 16 customer-- 17 (a) asks Origin Energy to provide customer 18 retail services at premises under Origin 19 Energy's standing offer under section 64M; 20 and 21 (b) complies with the requirements specified in 22 the Rules as pre-conditions to the formation 23 of standard retail contracts applied to Origin 24 Energy's large customer standard retail 25 contract or as otherwise prescribed under a 26 local instrument of this jurisdiction. 27 (2) Origin Energy can not decline to enter into the 28 large customer standard retail contract if the 29 customer makes the request and complies with 30 the requirements referred to in subsection (1). 31 Page 61

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule 64P Obligation to comply with Origin Energy's 1 large customer standard retail contract 2 Origin Energy must comply with its obligations under 3 the terms and conditions of its large customer standard 4 retail contract between it and a large customer. 5 64Q Duration of Origin Energy's large customer 6 standard retail contract 7 Origin Energy's large customer standard retail 8 contract between Origin Energy and a large customer 9 for the provision of customer retail services to the 10 premises of the large customer remains in force until 11 the contract is terminated in accordance with this Law, 12 a local instrument of this jurisdiction or the contract. 13 Subdivision 4 Other provisions 14 64R Obligation to provide customer retail services 15 to particular large customers 16 (1) This section applies if-- 17 (a) a large customer for premises applies to the 18 financially responsible retailer for the 19 premises for the provision of customer retail 20 services to the premises; and 21 (b) the supply of electricity to the premises has 22 been disconnected; and 23 (c) either-- 24 (i) before the disconnection, the premises 25 were supplied electricity on a 26 distribution system of Ergon Energy 27 Distribution; or 28 (ii) the premises are located in the area 29 described in special approval no. 30 SA01/11. 31 Note-- 32 Page 62

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule The holder of special approval no. SA01/11 1 is Essential Energy ABN 37 428 185 226. 2 (2) The financially responsible retailer must provide 3 the customer retail services applied for. 4 64S Monitoring, investigating and enforcing this 5 Division 6 (1) A local instrument of this jurisdiction must 7 nominate the entity who is the Regulator for this 8 Division. 9 (2) The Regulator has, for monitoring, investigating 10 or enforcing this Division, the same functions 11 and powers the AER has for monitoring, 12 investigating or enforcing other provisions of this 13 Law. 14 (3) For subsection (2), this Law applies to 15 monitoring, investigating or enforcing this 16 Division as if a reference in a compliance, 17 investigation or enforcement provision to the 18 AER were a reference to the Regulator. 19 (4) This Law confers functions and powers on the 20 AER for monitoring, investigating or enforcing 21 this Division only if the AER is nominated as the 22 Regulator under subsection (1) and only to the 23 extent provided for under this section. 24 19 Part 3-- 25 insert-- 26 Division 6A Additional Queensland 27 provisions about providing 28 customer connection 29 services for card-operated 30 meter premises 31 Editor's note-- 32 Page 63

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule The provisions of this Division are additional 1 Queensland provisions. 2 78A Model terms and conditions for deemed 3 standard connection contract for 4 card-operated meter premises 5 (1) A local instrument of this jurisdiction must set 6 out the model terms and conditions that apply to 7 a deemed standard connection contract for 8 providing customer connection services for 9 card-operated meter premises. 10 (2) Subject to this Division, this Law applies to 11 deemed standard connection contracts for 12 providing customer connection services for 13 card-operated meter premises as if a reference in 14 this Law to the model terms and conditions for 15 deemed standard connection contracts were a 16 reference to the model terms and conditions set 17 out in the local instrument. 18 78B Contractual arrangements for card-operated 19 meter premises 20 (1) A distributor may provide customer connection 21 services for card-operated meter premises only 22 under a deemed standard connection contract 23 (card-operated meters). 24 Note-- 25 This subsection is a civil penalty provision. 26 (2) In this section-- 27 deemed standard connection contract 28 (card-operated meters) means a deemed standard 29 connection contract consistent with the model 30 terms and conditions applying to deemed 31 standard connection contracts for card-operated 32 meter premises. 33 Page 64

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule 78C Monitoring, investigating and enforcing this 1 Division 2 (1) A local instrument of this jurisdiction must 3 nominate the entity who is the Regulator for this 4 Division. 5 (2) The Regulator has, for monitoring, investigating 6 or enforcing this Division, the same functions 7 and powers the AER has for monitoring, 8 investigating or enforcing other provisions of this 9 Law. 10 (3) For subsection (2), this Law applies to 11 monitoring, investigating or enforcing this 12 Division as if a reference in a compliance, 13 investigation or enforcement provision to the 14 AER were a reference to the Regulator. 15 (4) This Law confers functions and powers on the 16 AER for monitoring, investigating or enforcing 17 this Division only if the AER is nominated as the 18 Regulator under subsection (1) and only to the 19 extent provided for under this section. 20 20 Part 5, division 1, after section 88-- 21 insert-- 22 88A Additional Queensland provision for exception 23 from requirement for authorisation or 24 exemption 25 (1) A person does not contravene section 88 for the 26 sale of electricity if-- 27 (a) the person is a rail government entity and 28 the electricity is sold to Airtrain Citylink 29 Limited-- 30 (i) for use in connection with the building 31 or use of electrical installations and 32 works by Airtrain Citylink Limited, as 33 part of a system of electric traction or 34 Page 65

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule for signalling purposes, on the 1 Brisbane Airport Rail Link; or 2 (ii) for powering electric rolling stock and 3 railway signals on the Brisbane Airport 4 Rail Link; or 5 (b) the person is a railway manager that 6 operates the nominated network, or a related 7 body corporate of that railway manager, and 8 the electricity is sold to a third party access 9 holder for use by the third party access 10 holder-- 11 (i) in connection with the building or use 12 of electrical installations and works, as 13 part of a system of electric traction or 14 for signalling purposes, on the 15 nominated network or connected to the 16 nominated network; or 17 (ii) for powering electric rolling stock and 18 railway signals on the nominated 19 network or rail transport infrastructure 20 owned by the third party access holder 21 and connected to the network. 22 (2) Also, a person does not contravene section 88 for 23 the sale of electricity if-- 24 (a) either of the following applies-- 25 (i) the person is a rail government entity 26 and the electricity is sold to a relevant 27 railway manager; 28 (ii) the person is a relevant railway 29 manager and the electricity is sold to a 30 rail government entity; and 31 (b) the electricity is used-- 32 (i) in connection with the building or use 33 of electrical installations and works, as 34 part of a system of electric traction or 35 for signalling purposes, on rail 36 Page 66

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule transport infrastructure or connected to 1 the rail transport infrastructure; or 2 (ii) for powering electric rolling stock and 3 railway signals on rail transport 4 infrastructure. 5 (3) In this section-- 6 Airtrain Citylink Limited-- 7 (a) means Airtrain Citylink Limited ACN 066 8 543 315; and 9 (b) includes its successors and assigns; 10 Brisbane Airport Rail Link means the proposed 11 railway shown on CMPS&F Pty Limited drawing 12 no. RQ0159-C029(F)-- 13 (a) starting at a point 0.313km from the north 14 coast rail line (defined on the drawing as the 15 ownership transfer point); and 16 (b) finishing at the domestic terminal of 17 Brisbane Airport; 18 Note-- 19 A copy of the drawing is available for inspection at the 20 offices of the Department of Transport and Main Roads, 21 Level 12, Capital Hill Building, 85 George Street, 22 Brisbane. 23 electrical installation has the meaning given by 24 section 14 of the Electricity Act 1994 of 25 Queensland; 26 rail government entity has the meaning given by 27 schedule 6 of the Transport Infrastructure Act 28 1994 of Queensland; 29 railway manager has the meaning given by 30 schedule 6 of the Transport Infrastructure Act 31 1994 of Queensland; 32 related body corporate has the meaning given by 33 the Corporations Act 2001 of the 34 Commonwealth; 35 Page 67

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule relevant railway manager, for a rail government 1 entity, means-- 2 (a) a railway manager that operates rail 3 transport infrastructure that is directly 4 connected to rail transport infrastructure 5 operated by the rail government entity; or 6 (b) a related body corporate of a railway 7 manager mentioned in paragraph (a); 8 Note-- 9 A relevant railway manager may be a rail government 10 entity. 11 third party access holder means a person who, 12 under an arrangement with a railway manager or 13 a related body corporate of the railway manager, 14 is entitled to access and use a nominated part of 15 its rail transport infrastructure (the nominated 16 network); 17 works has the meaning given by section 12(1) of 18 the Electricity Act 1994 of Queensland. 19 Editor's note-- 20 This section is an additional Queensland provision. 21 21 After section 121-- 22 insert-- 23 121A Additional Queensland provision about 24 application to distribution systems of Ergon 25 Energy Distribution 26 This Part does not apply in relation to a distribution 27 system for which Ergon Energy Distribution is the 28 nominated distributor. 29 Editor's note-- 30 This section is an additional Queensland provision. 31 Page 68

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule 22 After section 123-- 1 insert-- 2 123A Additional Queensland provision about when 3 assigned retailer can be registered as a RoLR 4 An assigned retailer can not be registered as a RoLR 5 unless a local instrument of this jurisdiction states 6 otherwise. 7 Editor's note-- 8 This section is an additional Queensland provision. 9 23 Section 141-- 10 insert-- 11 (11) If a small customer of a failed retailer is on a 12 standard retail contract (card-operated meters), a 13 payment equal to the value of any credit 14 remaining on the small customer's card used with 15 the card-operated meter as at the transfer date 16 must be made by the failed retailer or insolvency 17 official to the small customer without any 18 deduction. 19 Editor's note-- 20 This subsection is an additional Queensland provision. 21 24 Section 163(c)(i)-- 22 omit, insert-- 23 (i) details of what happens with their 24 existing contracts with the failed 25 retailer, which must include details of 26 the effect of sections 140 and 141 as to 27 hardship customers, customers on life 28 support, feed-in arrangements, 29 termination of direct debits (including 30 Centrepay), refunds of advance 31 payments, security deposits, credits on 32 prepayment meter system accounts, 33 Page 69

 


 

National Energy Retail Law (Queensland) Bill 2014 Schedule credits remaining on cards used with 1 card-operated meters and uncompleted 2 service orders; and 3 Editor's note-- 4 This subparagraph is a substituted 5 Queensland provision. 6 25 Part 7-- 7 omit, insert-- 8 Part 7 9 Editor's note-- 10 The provisions of this Part are not applicable in 11 Queensland. 12 13 © State of Queensland 2014 Authorised by the Parliamentary Counsel Page 70

 


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