National Energy Retail Law (Tasmania) Regulations 2012
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the National Energy Retail Law (Tasmania) Act 2012 .
27 June 2012PETER G. UNDERWOOD
Governor
By His Excellency's Command,
BRYAN GREEN
Minister for Energy and Resources
PART 1 - Preliminary
These regulations may be cited as the National Energy Retail Law (Tasmania) Regulations 2012 .
These regulations take effect on the day on which section 10 of the National Energy Retail Law (Tasmania) Act 2012 commences.
In these regulations –the Law means the National Energy Retail Law (Tasmania).
PART 2 - Prepayment meters
For the purposes of section 56 of the Law, the sale of energy to small customers using a prepayment meter system within this jurisdiction is permitted.
5. Notice of variation of prepayment charges to be given
(1) This regulation is prescribed for the purposes of rule 143(3)(b) of the National Energy Retail Rules.(2) A retailer must give notice of any variation to the tariffs and charges that affect customers in this jurisdiction who have a prepayment meter market retail contract with the retailer, by publishing, in a newspaper circulating in this jurisdiction, a notice that –(a) there has been a variation; and(b) the variation is published on the retailer's website.
6. Modification of National Energy Retail Rules in relation to prepayment meters
(1) For the purposes of section 10(3) of the National Energy Retail Law (Tasmania) Act 2012 , the National Energy Retail Rules, to the extent they apply as part of the law of this jurisdiction, are modified as set out in this regulation.(2) Rule 129 of the National Energy Retail Rules is modified by adding at the end the following subrules:(9) Subrule (3) does not apply in relation to a prepayment meter system that is installed before 1 January 2008, unless the system has been reconditioned by the retailer after that date.(10) A prepayment meter system that is installed before 1 January 2008 and that is not, after that date, reconditioned by the retailer, must not automatically disconnect supply to a customer other than between the hours of 8.00 a.m. and 8.00 p.m. on any day, including a Saturday or a Sunday.(11) Subrule (5) does not apply in relation to a prepayment meter system that is installed before 1 January 2008, unless the system has been reconditioned by the retailer after that date.(3) Rule 143 of the National Energy Retail Rules is modified by adding at the end the following subrules:(6) A customer who has a prepayment meter market retail contract with a retailer is entitled to, without charge, terminate the contract if the customer, within 20 business days after a notice of the variation of the tariffs and charges in relation to the contract is given to the customer, notifies the retailer of the customer's intention to terminate the contract.(7) A notice for the purpose of subrule (3) must include a statement as to the entitlement of the customer under subrule (6).(4) Rule 145 of the National Energy Retail Rules is modified by inserting after subrule (2) the following subrule:(2A) Despite subrule (2), the retailer may not recover from a small customer –if the contract is terminated by the customer not more than 20 business days after the customer is notified of a variation of a fee, rate or charge in respect of the contract.(a) any termination charges or meter removal charges; or(b) any other charge or fee related to the termination of a prepayment meter market retail contract or the removal of a prepayment meter on the termination of such a contract –
PART 3 - Miscellaneous
For the purposes of section 5 of the Law, the upper consumption threshold for electricity is prescribed to be 0.15 gigawatt hours per year.
For the purposes of section 11(1) of the Law, Aurora Energy is nominated as the local area retailer for this jurisdiction for the purposes of the Law.
(1) Section 62 of the Law applies in relation to this jurisdiction, but only in relation to contestable customers within the meaning of the Electricity Supply Industry Act 1995 .(2) For the purposes of section 63 of the Law, a retailer must submit to the AER, in the manner and form (including by the date or dates) required by the AER Retail Pricing Information Guidelines, information and data relating to the purposes of a price comparator for this jurisdiction.
10. Modification of National Energy Retail Rules in relation to small market offer customers
(1) For the purposes of section 10(3) of the National Energy Retail Law (Tasmania) Act 2012 , the National Energy Retail Rules, to the extent they apply as part of the law of this jurisdiction, are modified as set out in this regulation.(2) Rule 6 of the National Energy Retail Rules is modified by omitting from paragraph (c) "small market offer customer" (twice occurring) and substituting "small contestable customer".(3) Rule 9 of the National Energy Retail Rules is modified –(a) by omitting from subrule (2)(b) "small market offer customer" and substituting "small contestable customer"; and(b) by inserting after subrule (2) the following rule:(2A) A small customer is a small contestable customer for the purposes of these Rules in relation to premises if –(a) the customer is a business customer in relation to the premises; and(b) the customer consumes, at those premises, electricity at or above 0.05 gigawatt hours per year.(4) Rule 10 of the National Energy Retail Rules is modified by omitting from subrule (1) "small market offer customer" and substituting "small contestable customer".
11. Transitional exemption from requirement to hold retailer authorisation
The sale, on or before 31 December 2012, of electricity to a person for premises under a contract entered into, before 1 July 2012, by the corporation, known as Essential Energy, established under the Energy Services Corporations Act 1995 of New South Wales, is to be taken not to be a sale of energy to which section 88 of the Law applies.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 29 June 2012
These regulations are administered in the Department of Infrastructure, Energy and Resources.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations prescribe certain matters for the purposes of the National Energy Retail Law (Tasmania) Act 2012 .