National Energy Retail Law (NSW)

The AER must, in performing or exercising an AER exempt selling regulatory function or power, take into account the following policy principles—

regulatory arrangements for exempt sellers should not unnecessarily diverge from those applying to retailers;

exempt customers should, as far as practicable, be afforded the right to a choice of retailer in the same way as comparable retail customers in the same jurisdiction have that right;

exempt customers should, as far as practicable, not be denied customer protections afforded to retail customers under this Law and the Rules.

The AER may, in performing or exercising an AER exempt selling regulatory function or power, take into account—

the exempt seller related factors (see section 115); and

the customer related factors (see section 116),

The AER may give such weight to any aspect of the policy principles, the exempt seller related factors and the customer related factors as it considers appropriate in all the circumstances.