National Energy Retail Law (Tasmania) Regulations 2022
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 .
20 June 2022B. BAKER
Governor
By Her Excellency's Command,
GUY BARNETT
Minister for Energy and Renewables
These regulations may be cited as the National Energy Retail Law (Tasmania) Regulations 2022 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations –the Law means the National Energy Retail Law (Tasmania).
For the purposes of section 5 of the Law, the upper consumption threshold for electricity is prescribed, under section 22 of the National Energy Retail Law (Tasmania) Act 2012 , to be 0.15 gigawatt hours per year.
(1) Section 62 of the Law applies in relation to this jurisdiction.(2) In addition to the requirement 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.
6. Modification of National Energy Retail Rules in relation to small market offer customers
(1) Under section 12(3) of the National Energy Retail Law (Tasmania) Act 2012 , the National Energy Retail Rules, to the extent that 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 paragraph (c).(3) Rule 9 of the National Energy Retail Rules is modified by omitting paragraph (b) from subrule (2).(4) Rule 10 of the National Energy Retail Rules is modified by omitting from subrule (1) "or as not a small market offer customer".
7. Modification of National Energy Retail Rules in relation to distributor planned interruptions
(1) Under 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) Compliance with RuleA distributor of electricity is not required to comply with this rule if the duration of the distributor planned interruption is for fewer 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 fewer 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 fewer than 15 minutes.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 29 June 2022
These regulations are administered in the Department of Treasury and Finance.