National Energy Retail Law (Tasmania) Regulations 2012


Tasmanian Crest
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 2012

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

BRYAN GREEN

Minister for Energy and Resources

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the National Energy Retail Law (Tasmania) Regulations 2012 .

2.   Commencement

These regulations take effect on the day on which section 10 of the National Energy Retail Law (Tasmania) Act 2012 commences.

3.   Interpretation

In these regulations –
the Law means the National Energy Retail Law (Tasmania).
PART 2 - Prepayment meters

4.   Prepayment meter systems

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)  [Regulation 6 Subregulation (1) amended by S.R. 2020, No. 57, Applied:23 Sep 2020] For the purposes of section 12(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 –
(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 –
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.
PART 3 - Miscellaneous

7.   Consumption thresholds

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.

8.   

[Regulation 8 Rescinded by S.R. 2013, No. 27, Applied:01 Jan 2014] .  .  .  .  .  .  .  .  

9.   Price comparator

(1)  [Regulation 9 Subregulation (1) amended by S.R. 2013, No. 27, Applied:01 Jan 2014] Section 62 of the Law applies in relation to this jurisdiction.
(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)  [Regulation 10 Subregulation (1) amended by S.R. 2020, No. 57, Applied:23 Sep 2020] For the purposes of section 12(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)  [Regulation 10 Subregulation (2) substituted by S.R. 2013, No. 27, Applied:01 Jan 2014] Rule 6 of the National Energy Retail Rules is modified by omitting paragraph (c).
(3)  [Regulation 10 Subregulation (3) substituted by S.R. 2013, No. 27, Applied:01 Jan 2014] Rule 9 of the National Energy Retail Rules is modified by omitting paragraph (b) from subrule (2).
(4)  [Regulation 10 Subregulation (4) substituted by S.R. 2013, No. 27, Applied:01 Jan 2014] Rule 10 of the National Energy Retail Rules is modified by omitting from subrule (1) "or as not a small market offer customer".

11.   Modification of National Energy Retail Rules in relation to distributor planned interruptions

[Regulation 11 Rescinded by S.R. 2013, No. 27, Applied:01 Jan 2014] [Regulation 11 Inserted by S.R. 2020, No. 57, Applied:23 Sep 2020]
(1)  For the purposes of section 12(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 90 of the National Energy Retail Rules is modified by inserting after subrule (3) the following subrule:
(4)  A distributor of electricity is not required to comply with this rule if the duration of the distributor planned interruption is less than 15 minutes.
(3)  The National Energy Retail Rules are modified by inserting after rule 90 the following rule:

90A.   Explicit consent in relation to distributor planned interruptions

(1)  In this rule –
co-habitant, in relation to premises, means a person, other than the customer in relation to the premises, who has attained the age of 18 years and resides at the premises.
(2)  A distributor may obtain from a co-habitant explicit consent to a distributor planned interruption in relation to premises if, were the co-habitant the customer in relation to the premises, the explicit consent would have been permitted under paragraph 90(1)(b) or (c) to be obtained.
(3)  An explicit consent, to a distributor planned interruption in relation to premises, that is obtained under subregulation (2) from a co-habitant is to be taken to be the explicit consent of the customer to the distributor planned interruption in relation to the premises.
(4)  Clause 6.4 of Schedule 2 to the National Energy Retail Rules is modified –
(a) by omitting from paragraph (d)(iii) "your explicit consent" and substituting "explicit consent, from you or a person you live with,"; and
(b) by inserting after paragraph (d) the following paragraph:
(e) We are not required to give you notice if the distributor planned interruption is for less than 15 minutes.
(5)  Clause 10.2 of Schedule 2 to the National Energy Retail Rules is modified –
(a) by omitting from paragraph (b)(i) "your explicit consent" and substituting "explicit consent, from you or a person you live with,"; and
(b) by omitting from paragraph (b)(ii) "your explicit consent" and substituting "explicit consent, from you or a person you live with,"; and
(c) by inserting after paragraph (b) the following paragraph:
(c) We are not required to give you notice if the distributor planned interruption is for less than 15 minutes.

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.