National Energy Retail Law (NSW)

This section sets out the revocation process in relation to a retailer authorisation or an exempt seller’s exemption (see sections 107 and 111), and in this section—

the term holder refers to the retailer or exempt seller; and

the term authorisation refers to the retailer’s retailer authorisation; and

the term exemption refers to the exempt seller’s exemption.

The AER must give the holder a notice that it intends to revoke the authorisation or exemption.

The notice must set out the reasons why the AER considers that the grounds for revocation exist.

The notice must request the holder to respond to the notice in writing (by a date and time specified in the notice, being a date not less than 10 business days after the date of service of the notice) by doing either or both of the following—

showing cause why the AER should not revoke the authorisation or exemption;

stating how the holder proposes to address the matters set out in the notice.

If, by the date and time referred to in the notice, the holder has not shown sufficient cause why the AER should not revoke the authorisation or exemption, the AER may revoke the authorisation or exemption if—

the holder has, by that date and time, stated how the holder proposes to address the matters set out in the notice but the AER is not satisfied that the holder can rectify the matters set out in the notice; or

the holder has, by that date and time, failed to state how the holder proposes to address the matters set out in the notice.

Without limiting subsection (5), the AER may revoke the authorisation or exemption if—

the holder has, by the date and time referred to in the notice, informed the AER how the holder proposes to address the matters set out in the notice (including the date by which those matters will have been addressed); and

the holder fails to rectify those matters after being given a reasonable opportunity to do so or otherwise by the date nominated by the holder under paragraph (a).

The AER—

must fix a time for the revocation to take effect; and

may, after consulting AEMO, impose conditions on the transfer of customers to another retailer or exempt seller.

Without limitation, a condition may require the holder (or former holder) to comply with specified requirements of energy laws, with any modifications specified in the condition. Any such requirement may continue, to the extent necessary, to apply to the holder (or former holder) after the revocation of the authorisation or exemption.

The AER must publish on its website a copy of its decision to revoke the authorisation or exemption, including the reasons and any conditions that are imposed.

The AER must advise AEMO and the distributors concerned where an authorisation or exemption is revoked.

A holder (or former holder) must comply with any conditions imposed on the holder (or former holder) under this section.