Bills and explanatory notes from legislation.qld.gov.au; explanatory and second reading speeches from the Queensland Parliament Record of Proceedings. Links open the official source in a new tab.
This Law may be cited as the National Energy Retail Law (Queensland).
2ANatural gas equivalent
(1)
A covered gas is a natural gas equivalent if the gas is suitable for use as natural gas and—
(a)
the gas has been prescribed by a local instrument for use in a jurisdiction or a specified area in the jurisdiction as a natural gas equivalent; or
(b)
the gas is supplied through an existing distribution system or an extension of an existing distribution system.
(2)
The following are not natural gas equivalents:
(a)
natural gas;
(b)
a prescribed covered gas.
(3)
In this section—
existing distribution system means a distribution system that—
(a)
on the NGL extension date was a natural gas distribution system; and
(b)
after the NGL extension date is authorised to haul a covered gas, other than natural gas or a prescribed covered gas;
NGL extension date means the date on which the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023 commenced.
3Application of Law, National Regulations and Rules in this jurisdiction
This Law, the National Regulations and the Rules apply in this jurisdiction except to the extent provided by or under the application Act of this jurisdiction or any other Act of this jurisdiction.
Note—
This Law, the National Regulations and the Rules are, in their application to a jurisdiction, to be read in conjunction with the application Act and jurisdictional energy legislation of the jurisdiction.
3AApplication to prescribed covered gas
The National Regulations may modify the way that this Law, the National Regulations and the Rules apply to a prescribed covered gas.
4Meaning of civil penalty provision and conduct provision
(1)
A civil penalty provision is—
(a)
a provision of this Law specified in the Table at the foot of this subsection; or
(b)
a provision of this Law (other than an offence provision) or the Rules that is prescribed by the National Regulations to be a civil penalty provision.
Provision
Section heading
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 20(2)
Kinds of customer retail contracts
Section 22(1) and (3)
Obligation to make offer to small customers
Section 23(1)
Standing offer prices
Section 25(1)
Adoption of form of standard retail contract
Section 27
Obligation to comply with standard retail contract
Section 38
Requirement for explicit informed consent for certain transactions
Section 43(2) and (3)(b)
Customer hardship policies
Section 50(1)
Payment plans
Section 53(2)
Energy Marketing Rules
Section 57
Contractual arrangements for use of prepayment meter systems
Section 59(1)
Persons on life support equipment
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 63
AER information gathering powers for pricing guidelines and comparator
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 66
Obligation to provide customer connection services
Section 69(1)
Adoption of form of deemed standard connection contract
Section 71(1)
Obligations to comply with deemed standard connection contract and to bill retailer
Section 78B(1)
Contractual arrangements for card-operated meter premises
Section 88
Requirement for authorisation or exemption
Section 103(8)
Deciding transfer application
Section 105(9)
Surrender of retailer authorisation
Section 106
Transfer of customers following surrender
Section 108
Transfer of customers following revocation
Section 112(2)
Conditions
Section 120(11)
Revocation process—retailer authorisations and exemptions
Section 143(2)(a)
Compliance requirements following service of RoLR notice
Section 156
Compliance with RoLR regulatory information notices
Section 274(1)
Obligation of regulated entities to provide information and data about compliance
Section 276(1), (2) and (4)
Compliance audits by regulated entities
Section 282(1)
Obligation of regulated entities to provide information and data about performance
Editor’s note—
The entries in the Table for sections 19A(1), 19B(1), 19C(1), (4) and (6), 60C(1), 60D(1) and (4), 64A(1), 64D(2) and (4), 64E(5), 64M(2) and (3), 64N(5) and 78B(1) are additional Queensland provisions.
(2)
A conduct provision is a provision of this Law (other than an offence provision) or the Rules that is prescribed by the National Regulations to be a conduct provision.
4ACivil penalty amounts for breaches of civil penalty provisions
(1)
Subject to this section, the civil penalty for a breach of a civil penalty provision is—
(a)
in the case of a breach of a civil penalty provision, other than a provision prescribed under paragraph (b) or (c)—
(i)
if the breach is by a natural person—
(A)
an amount not exceeding $33 900; plus
(B)
an amount not exceeding $3 390 for every day during which the breach continues;
(ii)
if the breach is by a body corporate—
(A)
an amount not exceeding $170 000; plus
(B)
an amount not exceeding $17 000 for every day during which the breach continues; or
(b)
in the case of a breach of a civil penalty provision prescribed by the National Regulations for the purposes of this paragraph—
(i)
if the breach is by a natural person—
(A)
an amount not exceeding $287 000; plus
(B)
an amount not exceeding $14 400 for every day during which the breach continues;
(ii)
if the breach is by a body corporate—
(A)
an amount not exceeding $1 435 000; plus
(B)
an amount not exceeding $71 800 for every day during which the breach continues; or
(c)
in the case of a breach of a civil penalty provision prescribed by the National Regulations for the purposes of this paragraph—
(i)
if the breach is by a natural person—an amount not exceeding $500 000;
(ii)
if the breach is by a body corporate—an amount not exceeding the greater of the following—
(A)
$10 000 000;
(B)
if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit;
(C)
if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision.
Note—
See section 300A, which provides for the amounts specified in this subsection to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER’s website.
(2)
Subsection (1)(c)(ii)(B) or (C) will only apply in a particular case if the AER, in applying for an order under section 291(2)(a), requests that those provisions be applied in that particular case.
5Meaning of customer and associated terms
(1)
A customer is a person—
(a)
to whom energy is sold for premises by a retailer; or
(b)
who proposes to purchase energy for premises from a retailer.
(2)
A small customer is a customer—
(a)
who is a residential customer; or
(b)
who is a business customer who consumes energy at business premises below the upper consumption threshold.
(3)
A large customer is—
(a)
a business customer who consumes energy at business premises at or above the upper consumption threshold; or
(b)
the State or a local government that consumes energy at street lighting premises.
Editor’s note—
This subsection is a substituted Queensland provision.
(4)
A small market offer customer is a small customer who is a business customer who consumes energy at or above the lower consumption threshold.
(5)
In this section—
local government means—
(a)
the Brisbane City Council; or
(b)
a local government under the Local Government Act 2009 of Queensland;
State has the meaning given by section 18(2);
street lighting premises means premises comprising street lighting or a system of street lighting.
Editor’s note—
This subsection is an additional Queensland provision.
6Provisions relating to consumption thresholds for business customers
(1)
This section applies for the purposes of the consumption thresholds referred to in section 5.
(2)
The National Regulations may—
(a)
determine or make provision for determining the upper consumption thresholds and lower consumption thresholds for business customers; and
(b)
prescribe a procedure for reviewing consumption thresholds so determined.
(3)
The upper consumption thresholds may apply (in relation to the provision of customer retail services to a business customer) on the basis of an aggregation of 2 or more business premises of a business customer in accordance with the Rules.
(4)
Without limitation—
(a)
National Regulations made for the purposes of subsection (2); and
(b)
Rules made for the purposes of subsection (3),
may differ in their application to different classes of business customers or different regulatory requirements, or both.
7Classification and reclassification of customers
The Rules may make provision for or with respect to the classification and reclassification of customers, including, for example—
(a)
whether a person is a residential customer by reference to whether the person purchases energy principally for personal, household or domestic use at premises; or
(b)
whether a business customer is a small customer or a large customer; or
(c)
whether a business customer is a small market offer customer.
7ARelated bodies corporate
For the purposes of this Law, 2 or more bodies corporate are related to each other if they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth.
8Interpretation generally
(1)
Schedule 2 to the NGL applies to this Law, the National Regulations and the Rules and any other statutory instrument made under this Law in the same way as it applies to the NGL and the regulations, rules and any other statutory instruments made under the NGL.
(2)
For that purpose—
(a)
(without limiting subsection (1)) a reference in that Schedule to the NGL or NGR (however expressed) is taken to be a reference to this Law or the Rules respectively; and
(b)
clauses 2, 29, 40(3) and 52, and Part 7 of that Schedule are taken to be omitted; and
(c)
the definition of business day in clause 10 is taken to be omitted.
Note—
See section 320 of this Law which applies instead of clauses 2 and 52 of Schedule 2 to the NGL.
(3)
Editor’s notes included in this Law do not form part of this Law.
(4)
The following apply for interpreting editor’s notes included in this Law—
(a)
an additional Queensland provision is a provision of this Law that does not form part of the NERL and has been included for the application of the NERL in Queensland;
(b)
a substituted Queensland provision is a provision of this Law that is a substitute for a provision of the NERL (of the same number) and has been substituted for the application of the NERL in Queensland;
(c)
a provision that is not applicable in Queensland is a provision of the NERL that does not apply in Queensland.
(5)
In this section—
NERL means the National Energy Retail Law, as amended from time to time, set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia.
Editor’s note—
Subsections (3) to (5) are additional Queensland provisions.
