National Energy Retail Law (Queensland) Act 2014National Energy Retail Law (Queensland) Regulation 2014Part 1Preliminary1Short titleThis regulation may be cited as the National Energy Retail Law (Queensland) Regulation 2014.2CommencementThis regulation commences on 1 July 2015.3DefinitionsIn this regulation—distributor means—

(a)for electricity—

(i)a regulated distributor system operator within the meaning of the NEL; or

(ii)a nominated distributor for electricity under the NERL (Qld), section 12; or

(b)for gas—

(i)a nominated distributor for gas under the NERL (Qld), section 12; or

(ii)a distributor under the Gas Supply Act 2003, section 22.

Ergon Energy Retail means Ergon Energy Queensland Pty Ltd ACN 121 177 802.s 3 def Ergon Energy Retail ins 2017 SL No. 137 s 3 National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA).National Electricity Rules or Rules has the meaning given in the National Electricity Law.National Gas Law means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 (SA).Part 2Nominated retailers and distributors4Definitions for this partIn this part—Australian Gas Networks Limited means Australian Gas Networks Limited ACN 078 551 685.s 4 def Australian Gas Networks Limited ins 2015 SL No. 61 s 4 (2)Energex means Energex Limited ACN 078 849 055.Envestra ...s 4 def Envestra om 2015 SL No. 61 s 4 (1)Ergon Energy Distribution means Ergon Energy Corporation Limited ACN 087 646 062.Ergon Energy Retail ...s 4 def Ergon Energy Retail om 2017 SL No. 137 s 4 Mount Isa–Cloncurry distribution region means the area serviced by the Mount Isa–Cloncurry supply network.Mount Isa–Cloncurry supply network means the Mount Isa–Cloncurry supply network as defined in the Electricity—National Scheme (Queensland) Act 1997, section 10(4).5Nominated retailers for electricity—the NERL (Qld), s 11(1)For the NERL (Qld), section 11, each of the following retailers is nominated as a local area retailer for electricity for this jurisdiction—

(a)for the retail area comprising the distribution area described in the schedule to distribution authority no. D07/98, schedule—Origin Energy Electricity Limited ACN 071 052 287;Editor’s note—The holder of distribution authority no. D07/98 is Energex.

(b)for the retail area comprising the distribution area described in distribution authority no. D01/99, first schedule—Ergon Energy Retail;Editor’s note—The holder of distribution authority no. D01/99 is Ergon Energy Distribution.

(c)for the retail area comprising the area described in the schedule to special approval no. SA01/11—Origin Energy Electricity Limited ACN 071 052 287.Editor’s note—The holder of special approval no. SA01/11 is Essential Energy ABN 37 428 185 226.

(2)However, the nomination of Ergon Energy Retail under subsection (1)(b) does not apply to—

(a)the retail area comprising the Queensland supply area described in the schedule to special approval no. SA01/11; orEditor’s note—The holder of special approval no. SA01/11 is Essential Energy ABN 37 428 185 226.

(b)customers whose premises are located in the Mount Isa–Cloncurry distribution region if those customers are classified, for deciding network charges applying to customers, by a distribution entity as individually calculated customers or connection asset customers.

s 5 amd 2015 SL No. 61 s 56Nominated retailers for gas—the NERL (Qld), s 11For the NERL (Qld), section 11, each of the following retailers is nominated as a local area retailer for gas for this jurisdiction—

(a)for the retail area comprising the South East Queensland, Toowoomba and Oakey distribution areas described in distribution authority no. DA-A-009, schedule 1—AGL Sales Pty Limited ACN 090 538 337;Editor’s notes—

1The holder of distribution authority no. DA-A-009 is Allgas Energy Pty Limited ACN 009 656 446.

2A copy of the distribution authority may be inspected at the department’s office or on the department’s website.

(b)for the retail area comprising the Brisbane North, Ipswich, Gladstone, Rockhampton, Maryborough–Hervey Bay and Bundaberg distribution areas described in distribution authority no. DA-A-007, schedule 1—Origin Energy Retail Limited ACN 078 868 425.Editor’s notes—

1The holder of distribution authority no. DA-A-007 is Australian Gas Networks Limited.

2A copy of the distribution authority may be inspected at the department’s office or on the department’s website.

s 6 amd 2015 SL No. 61 s 67Nominated distributor for electricity—the NERL (Qld), s 12(1)For the NERL (Qld), section 12, Ergon Energy Distribution is nominated as a nominated distributor for electricity for the parts of the distribution system operated by Ergon Energy Distribution that do not form part of the national grid.(2)However, the nomination of Ergon Energy Distribution does not apply to a customer whose premises is located in the Mount Isa–Cloncurry distribution region, other than those customers whose premises are connected to the 220kV supply network in the Mount Isa–Cloncurry distribution region.(3)For the nomination of Ergon Energy Distribution under subsection (1), for the NERL (Qld), section 2(1), definition network charges, paragraph (b) is taken to read—

(b)for electricity, shared network charges, charges for the use of the distribution system, and charges for specific services provided by the distributor, including connection, disconnection and reconnection services;

(4)Subsection (3)—

(a)modifies the National Energy Retail Rules under section 12 of the Act; and

(b)is declared to be a modification regulation for section 12(5) of the Act.

(5)In this section—national grid has the meaning given in the National Electricity Rules, chapter 10.8Nominated distributor for gas—the NERL (Qld), s 12(1)For the NERL (Qld), section 12, Australian Gas Networks Limited is nominated as a nominated distributor for gas for the following distribution systems—

(a)the Australian Gas Networks Limited Maryborough–Hervey Bay Distribution Network as described in area distribution authority no. DA-A-007, schedule 1;

(b)the Australian Gas Networks Limited Bundaberg Distribution Network as described in area distribution authority no. DA-A-007, schedule 1.

(2)For the nomination of Australian Gas Networks Limited under subsection (1), for the NERL (Qld), section 2(1), definition network charges, paragraph (a) is taken to read—

(a)for gas, shared network charges, charges for the use of the distribution system, and charges for specific services provided by the distributor, including connection, disconnection and reconnection services;

(3)Subsection (2)—

(a)modifies the National Energy Retail Rules under section 12 of the Act; and

(b)is declared to be a modification regulation for section 12(5) of the Act.

s 8 amd 2015 SL No. 61 s 6Part 3Assigned retailer9Nomination of retailer—the NERL (Qld), s 64CFor the NERL (Qld), section 64C, Ergon Energy Retail is declared as an assigned retailer for the NERL (Qld), part 2, division 12A, subdivision 2.9ASale of energy under the Solar for Public Housing Trial—the NERL (QLD), s 19CFor the NERL (Qld), section 19C(5) and (6), the circumstances and conditions are that the customer retail services—

(a)are provided by Ergon Energy Retail for, or as part of, the trial known as the Solar for Public Housing Trial conducted by the department in conjunction with the department in which the Housing Act 2003 is administered; or

(b)after the trial mentioned in paragraph (a) ends and until the end of 2038—

(i)are provided by Ergon Energy Retail to a customer at premises to which customer retail services were provided for, or as part of, the trial; and

(ii)are of the kind of customer retail services that were provided to the customer at the premises for, or as part of, the trial.

s 9A ins 2017 SL No. 137 s 5Part 4Prescribed regulators10Definition for pt 4In this part—QCA means the Queensland Competition Authority established under the Queensland Competition Authority Act 1997, section 7.11Prescribed regulator for particular modified National Energy Retail Rules—the NERL (Qld), s 12For the NERL (Qld), section 12(1) and (3), the QCA is nominated as the Regulator for—

(a)the National Energy Retail Rules, sections 152A and 152B; andEditor’s note—See schedule 5, part 3.

(b)the modified National Energy Retail Rules mentioned in schedule 5, part 4.

12Prescribed regulator for the NERL, pt 2, div 1A—the NERL (Qld), s 19DFor the NERL (Qld), section 19D, the QCA is nominated as the Regulator for the NERL (Qld), part 2, division 1A.13Prescribed regulator for the NERL, s 22A—the NERL (Qld), s 23BFor the NERL (Qld), section 23B, the QCA is nominated as the Regulator for the NERL (Qld), section 22A.14Prescribed regulator for the NERL, s 23A—the NERL (Qld), s 23BFor the NERL (Qld), section 23B, the AER is nominated as the Regulator for the NERL (Qld), section 23A.15Prescribed regulator for the NERL, pt 2, div 10A—the NERL (Qld), s 60EFor the NERL (Qld), section 60E, the QCA is nominated as the Regulator for the NERL (Qld), part 2, division 10A.16Prescribed regulator for the NERL, pt 2, div 12A—the NERL (Qld), s 64SFor the NERL (Qld), section 64S, the QCA is nominated as the Regulator for the NERL (Qld), part 2, division 12A.17Prescribed regulator for the NERL, pt 3, div 6A—the NERL (Qld), s 78CFor the NERL (Qld), section 78C, the QCA is nominated as the Regulator for the NERL (Qld), part 3, division 6A.Part 5Exemption for exempt sellers18Exempt seller exemption—Act, s 17For section 17 of the Act—

(a)the exemption for Maranoa Regional Council is subject to the conditions stated in schedule 1; and

(b)the exemption for Western Downs Regional Council is subject to the conditions stated in schedule 2.

Part 6Model terms and conditions19Model terms and conditions for standard retail contract for selling electricity using card-operated meter—the NERL (Qld), s 60A(1)For the NERL (Qld), section 60A, the model terms and conditions applying to a standard retail contract (card-operated meters) are set out in schedule 3.(2)A statement in schedule 3 that is underlined and in square brackets indicates that a required alteration must be made by omitting the statement and substituting the matter referred to in the statement.20Model terms and conditions for deemed standard connection contract for card-operated meter premises—the NERL (Qld), s 78A(1)For the NERL (Qld), section 78A, the model terms and conditions applying to a deemed standard connection contract for providing customer connection services for card-operated meter premises are set out in schedule 4.(2)A statement in schedule 4 that is underlined and in square brackets indicates that a required alteration must be made by omitting the statement and substituting the matter referred to in the statement.Part 7Application of price comparator21Price comparator applies for this jurisdiction—the NERL (Qld), s 62It is declared that the NERL (Qld), section 62, applies in this jurisdiction.Part 8Modification of application of National Energy Retail Rules22Modification of the application of the Rules—Act, s 12(1)This section and schedule 5 modify the National Energy Retail Rules under section 12 of the Act.(2)The National Energy Retail Rules apply to each of the following entities subject to the modifications set out in the provisions mentioned for the entity—

(a)for a distributor for electricity—schedule 5, part 2;

(b)for an exempt seller of electricity—schedule 5, part 3;

(c)for a retailer for electricity—schedule 5, part 3;

(d)for a retailer for electricity offering a standard retail contract (card-operated meters)—schedule 5, part 4;

(e)for a distributor for electricity offering a standard connection contract (card-operated meters)—schedule 5, part 4.

(3)This section and schedule 5 are declared to be modification regulations for section 12(5) of the Act.(4)A statement in schedule 5, part 3 that is underlined and in square brackets indicates that the stated required alteration must be made in the stated circumstances.s 22 amd 2019 SL No. 3 s 3Schedule 1Conditions of exemption for Maranoa Regional Councilsection 18(a)Part 1Interpretation and conditions1InterpretationIn this schedule—distribution area, of a distribution authority, means the distribution area stated in the distribution authority.distribution authority means Area Distribution Authority No. DA-A-005 held by Maranoa Regional Council under the Gas Supply Act 2003.distributor means—

(a)for electricity—

(i)a regulated distributor system operator within the meaning of the NEL; or

(ii)a nominated distributor for electricity under the NERL (Qld), section 12; or

(b)for gas—Maranoa Regional Council as a holder of a distribution authority under the Gas Supply Act 2003.

exempt customer means an exempt customer under the NERL (Qld), section 109.explicit informed consent means explicit informed consent under the NERL (Qld), section 39.holder means Maranoa Regional Council.residential exempt customer means an exempt customer who purchases energy for personal, household or domestic use at a premises.small exempt customer means an exempt customer who would be a small customer under the NERL (Qld), section 5, if the person were a customer of a retailer within the meaning of that law.2Conditions generally(1)The holder must comply with the requirements of the Energy and Water Ombudsman Act 2006 to the extent they apply to the holder.(2)The holder may sell gas to exempt customers only from the distribution system described in the Area Distribution Authority No. DA-A-005, schedule 1.(3)The holder is not obliged to make an offer to sell gas to an exempt customer if the customer’s premises are not, or are not proposed to be, connected to the holder’s distribution system.3Conditions for small exempt customers(1)Subject to subsection (2), the holder may sell gas to small exempt customers only under its standard gas sale contract.(2)Subject to subsections (3) and (4), if the holder has, before the commencement, entered into a negotiated retail contract with a small exempt customer under the Gas Supply Act 2003, the holder must comply with the contract for the duration of the contract.(3)Subsection (4) applies if—

(a)the small exempt customer has entered into a negotiated retail contract with the holder under the Gas Supply Act 2003; and

(b)there is an inconsistency between the negotiated retail contract and the holder’s standard gas sale contract.

(4)The holder must—

(a)if a condition of the negotiated retail contract will result in the holder complying with conditions that would be less beneficial to the small exempt customer than the conditions that would apply to the small exempt customer under the holder’s standard gas sale contract—comply with the condition of the standard gas sale contract; and

(b)if a condition of the holder’s standard gas sale contract will result in the holder complying with conditions that would be less beneficial to the small exempt customer than the conditions that would apply to the small exempt customer under the negotiated retail contract—comply with the condition of the negotiated retail contract.

(5)The holder must adopt and publish on its website a standard gas sale contract meeting the requirements set out in part 2 of this schedule.(6)The holder must make an offer to sell gas under its standard gas sale contract to small exempt customers in the distribution area of its distribution authority.(7)The holder must issue bills to small exempt customers at least once every 3 months.(8)However, if the holder obtains the explicit informed consent of a small exempt customer, the holder and small exempt customer may agree to a billing cycle with a regular recurrent period that differs from the usual recurrent period.(9)The holder must prepare a bill so that a small exempt customer can easily verify that the bill conforms to their standard gas sale contract.(10)The holder must—

(a)include in a bill for a small exempt customer the particulars set out in part 3 of this schedule; and

(b)comply with the billing review procedures set out in part 3 of this schedule.

(11)The holder must comply with the undercharging and overcharging requirements set out in part 4 of this schedule.(12)The holder must comply with the security deposit and payment plan requirements set out in part 5 of this schedule.(13)The holder must not arrange de-energisation of a small exempt customer’s premises except in accordance with the requirements set out in part 6 of this schedule.Part 2Standard gas sale contract and amendments to model terms4Standard gas sale contractThe standard gas sale contract is based on the model terms and conditions for standard retail contracts (the model terms) contained in the National Energy Retail Rules, schedule 1, subject to the amendments stated in sections 5 and 6 of this schedule and the renumbering of clauses as required.5General amendmentsThe model terms are amended as follows where the context permits—

(a)replace ‘energy’ or ‘electricity’ with ‘gas’ (except in definitions under the heading Simplified explanation of terms);

(b)replace ‘customer’ with ‘exempt customer’ (including in definitions under the heading Simplified explanation of terms);

(c)replace ‘standard retail contract’ with ‘standard gas sale contract’;

(d)replace ‘retailer’ with ‘exempt seller’ (except in definitions under the heading Simplified explanation of terms).

6Specific amendmentsThe model terms are amended as follows—

(a)in the Preamble—

(i)second paragraph—omit the sentence beginning with ‘For example’; and

(ii)third paragraph—omit; and

(iii)fourth paragraph—insert the appropriate URL in the [permitted alteration];

(b)in clause 1 (The parties)—insert ‘Maranoa Regional Council’ in the [permitted alteration];

(c)in clause 2 (Definitions and interpretation)—

(i)clause 2(a)—omit ‘and the Rules’ and replace with ‘and our seller exemption’; and

(ii)clause 2(b)—omit both occurrences of ‘and the Rules’ and replace both occurrences with ‘and our seller exemption’;

(d)in clause 3 (Do these terms and conditions apply to you?)—

(i)clause 3.1—omit ‘the National Energy Retail Law and the Rules’ and replace with ‘the conditions of our seller exemption under the National Energy Retail Law’; and

(ii)clause 3.2(d)—omit; and

(iii)clause 3.3—omit;

(e)in clause 4 (What is the term of this contract?)—

(i)clause 4.1—omit ‘pre-conditions set out in the National Energy Retail Law and the Rules’ and replace with ‘requirements under the Gas Supply Act 2003’; and

(ii)clause 4.2(a)(iv)—omit;

(f)in clause 5 (Scope of this contract)—omit in clause 5.2 the sentence beginning with ‘This is the role’;

(g)in clause 6 (Your general obligations)—omit clause 6.3;

(h)in clause 7 (Our liability)—

(i)clause 7(a)—omit ‘quality and reliability of your electricity supply and the’; and

(ii)clause 7(a)—omit ‘(such as your distributor)’; and

(iii)clause 7(c)—omit ‘National Energy Retail Law’ and replace with ‘Gas Supply Act 2003’;

(i)in clause 8 (Price for energy and other services)—

(i)clause 8.1(a)—omit ‘your distributor’s charges’ and replace with ‘charges for connection services’; and

(ii)clause 8.4(b)(ii)—omit ‘or the type of meter is changed (if needed)’;

(j)in clause 9 (Billing)—

(i)clause 9.2(a)—omit ‘the Rules’ and replace with ‘this contract’; and

(ii)clause 9.2(c)—omit and replace with—

(c)the charges payable for customer connection services, including connection charges if you have asked for a new connection or connection alteration and have not made alternative arrangements for payment.;

(k)in clause 10 (Paying your bill)—

(i)clause 10.3(c)—omit ‘and under the National Energy Retail Law and the Rules’; and

(ii)clause 10.4—omit the sentence beginning with [Required alteration];

(l)in clause 12 (Undercharging and overcharging)—

(i)clause 12.2(a)—insert ‘$50.00’ in the [required alteration]; and

(ii)clause 12.2(b)—insert ‘$50.00’ in the [required alteration];

(m)in clause 14 (Disconnection of supply)—

(i)clause 14.1—omit ‘in the Rules’ and replace with ‘in our seller exemption’; and

(ii)clause 14.2—omit ‘in the Rules’ and replace with ‘in our seller exemption’; and

(iii)clause 14.3(a)(v)—omit; and

(iv)clause 14.3(b)(iv)—omit ‘clause 6.5 of your customer connection contract which deals with’ and replace with ‘your connection contract relating to the’;

(n)in clause 15 (Reconnection after disconnection)—omit in clause 15(a) ‘request your distributor’ and replace with ‘arrange’;

(o)in clause 16 (Wrongful and illegal use of energy)—omit in clause 16.1(d) ‘and the Rules’;

(p)in clause 17 (Notices and bills)—omit in clause 17(a) ‘and the Rules’ and replace with ‘and our exempt seller conditions’;

(q)in clause 19 (Complaints and dispute resolution)—insert in clause 19.2 ‘the Energy and Water Ombudsman Queensland’ in the [required alteration];

(r)in clause 21 (Applicable law)—insert in clause 21 ‘Queensland’ in the [required alteration];

(s)in clause 23 (General)—omit clause 23.2;

(t)in Simplified explanation of terms—omit the definitions customer connection contract, designated retailer, distributor, retailer and Rules.

Part 3Billing and review of bills7Required contents of a billA bill issued to an exempt customer must include all the following information—

(a)the exempt customer’s name and account number;

(b)the address of the exempt customer’s premises for the sale of gas and the exempt customer’s mailing address (if different);

(c)the meter identifier, if it exists;

(d)the billing period;

(e)the date by which the bill must be paid (the pay-by date) and the date the bill was issued;

(f)the total amount payable by the exempt customer, including amounts of any arrears or credits;

(g)tariffs and charges applicable to the exempt customer;

(h)the basis on which tariffs and charges are calculated;

(i)whether the bill was issued as a result of a meter reading or an estimation and, if issued as a result of a meter reading, the date of the meter reading;

(j)the values of meter readings (or, if applicable, estimations) at the start and end of the billing period for the bill;

(k)particulars of the average daily consumption during the billing period;

(l)if a bill was issued to the exempt customer by the same retailer for the corresponding billing period during the previous year—particulars of the average daily consumption during that previous billing period;

(m)the estimated date of the next scheduled meter reading (if applicable);

(n)details of consumption or estimated consumption of energy;

(o)any amount deducted, credited or received under a government-funded rebate, concession or relief scheme or under a payment plan;

(p)if the exempt customer has provided a security deposit—the amount of the deposit;

(q)details of the available payment methods;

(r)reference to the availability of government-funded rebates, concessions or relief schemes;

(s)a telephone number for account enquiries, the charge for which is no more than the cost of a local call;

(t)a telephone number for complaints (that may be the same as the number for account enquiries), the charge for which is no more than the cost of a local call;

(u)a separate 24-hour telephone number for fault enquiries and emergencies, the charge for which is no more than the cost of a local call;

(v)contact details for interpreter services in community languages.

8Review of a billThe holder must—

(a)review a bill issued to a small exempt customer if requested to do so by the customer; and

(b)conduct the review in accordance with the holder’s standard complaints and dispute resolution procedures, including any time limits applicable under those procedures; andNote—The standard complaints and dispute resolution procedures may be those used by the holder for another purpose.

(c)inform the small exempt customer of the outcome of the review as soon as reasonably possible but, in any event, within any time limits applicable under the holder’s standard complaints and dispute resolution procedures; and

(d)if the small exempt customer requests that, in reviewing the bill, the meter reading or metering data be checked or the meter tested—ensure it is done in accordance with the relevant obligations on the holder as a distributor within the meaning of the Gas Supply Act 2003.

Part 4Undercharging and overcharging9Undercharging(1)If the holder has undercharged a small exempt customer, it may recover from the small exempt customer the amount undercharged, subject to the following—

(a)unless the amount was undercharged as a result of the small exempt customer’s fault or unlawful act or omission, limit the amount to be recovered to the amount undercharged in the 9 months before the date the small exempt customer is notified of the undercharging;

(b)not charge the small exempt customer interest on that amount;

(c)state the amount to be recovered as a separate item in a special bill or in the next bill, together with an explanation of the amount;

(d)offer the small exempt customer time to pay the amount by agreed instalments, over a period nominated by the small exempt customer being no longer than—

(i)if the undercharging occurred over a period of less than 12 months—that period; or

(ii)otherwise—12 months.

(2)To remove any doubt, it is declared that undercharging includes a failure by the holder to issue a bill.10Overcharging(1)If a small exempt customer has been overcharged by an amount equal to or more than $50, the holder must—

(a)inform the small exempt customer within 10 business days after the holder becomes aware of the overcharging; and

(b)do 1 of the following—

(i)repay the amount as reasonably directed by the small exempt customer;

(ii)if there is no reasonable direction, credit that amount to the next bill;

(iii)if there is no reasonable direction and the small exempt customer has ceased to obtain small exempt customer retail services from the retailer, use its best endeavours to refund the amount within 10 business days.

Note—Money not claimed is to be dealt with by the holder in accordance with the relevant unclaimed money legislation.(2)If the amount overcharged is less than $50, the holder must—

(a)credit that amount to the next bill; or

(b)if the small exempt customer has ceased to obtain small exempt customer retail services from the retailer, use its best endeavours to refund the amount within 10 business days.Note—Money not claimed is to be dealt with by the holder in accordance with the relevant unclaimed money legislation.

(3)No interest is payable on an amount overcharged.(4)If the small exempt customer was overcharged as a result of the small exempt customer’s unlawful act or omission, the holder is required to repay, credit or refund to the small exempt customer only the amount the small exempt customer was overcharged in the 12 months before the error was discovered.Part 5Security deposits and payment plansDivision 1Security deposits11Credit historyFor the purpose of deciding whether to require a small exempt customer to provide a security deposit under section 12 of this schedule, the holder must—

(a)request the small exempt customer to provide the holder with—

(i)permission to obtain a credit check of the credit history of the small exempt customer; and

(ii)other information relating to the credit history of the small exempt customer; and

(b)take into consideration—

(i)any credit history obtained as a result of the credit check; and

(ii)any credit history provided by the small exempt customer; and

(iii)any other available information that relates to the credit history of the small exempt customer;

that is reasonably required for the holder to assess the ability of the small exempt customer to meet the small exempt customer’s financial obligations under a standard gas sale contract.12Requirement for security deposit(1)Subject to subsections (2) to (4), the holder may require a security deposit for the customer at the following stated times—

(a)for a residential exempt customer—when the residential exempt customer requests the sale and supply of energy under a standard gas sales contract but not during the currency of the standard gas sales contract;

(b)for any other small exempt customer—when the small exempt customer requests the sale and supply of energy under a standard gas sales contract or during the currency of the standard gas sales contract.

(2)The holder can not require the customer to provide a security deposit unless—

(a)the customer owes money to the holder in relation to the sale and supply of energy to any premises, unless the bill relating to the amount owed is—

(i)under review by the holder under the conditions of this seller exemption; or

(ii)under consideration by the energy ombudsman as referred to in this seller exemption; or

(b)the customer has fraudulently acquired or intentionally consumed energy otherwise than in accordance with the energy laws within the past 2 years; or

(c)the customer has refused or failed to provide acceptable identification to the holder; or

(d)the holder reasonably considers the customer has an unsatisfactory credit history; or

(e)the customer has refused or failed to provide the holder with the permission or other information requested under section 11 of this schedule.

(3)The holder cannot require a residential exempt customer to provide a security deposit unless the holder has offered the residential exempt customer the option of a payment plan and the residential exempt customer has—

(a)declined the offer; or

(b)failed to pay an instalment having accepted the offer.

(4)If the holder requires a security deposit on the basis that the customer has an unsatisfactory credit history, the holder must inform the customer—

(a)that the holder has decided the customer has an unsatisfactory credit history; and

(b)of the reasons for the holder’s decision; and

(c)of the customer’s right to dispute the holder’s decision.

(5)The holder must not refuse to sell gas on the grounds of non-payment by customers, or partial payment of a security deposit by a customer, but may—

(a)arrange to de-energise (or disconnect) the customer’s premises subject to the conditions of this seller exemption; or

(b)refuse to arrange re-energisation the customer’s premises.

(6)Subject to subsection (5), payment or partial payment of a security deposit is not a precondition to the formation of a standard gas sale contract.13Payment of security deposit(1)A small exempt customer who is required under section 12 to pay a security deposit to the holder is obliged to pay the security deposit when the holder requests.(2)The holder may refuse to arrange the re-energisation of a small exempt customer’s premises if a required security deposit remains unpaid and the small exempt customer’s premises has been de-energised for that reason under the conditions of this exemption.(3)The holder must keep security deposits in a separate account and separately identify in its accounts the value of security deposits it holds for small exempt customers.14Amount of security depositThe holder must ensure the amount of a security deposit for a small exempt customer is not greater than 37.5% of the small exempt customer’s estimated bills over a 12-month period, based on—

(a)the customer's billing history; or

(b)the average usage of energy by a comparable customer over a comparable 12-month period.

15Interest on security deposit(1)If the holder has received a security deposit from a small exempt customer, the holder must pay interest to the small exempt customer on the deposit at the bank bill rate.(2)Interest is to accrue daily and is to be capitalised (if not paid) every 90 days.(3)For the purposes of this condition, bank bill rate means a daily published rate no less than the pre-tax rate of return the holder would earn over the period the holder retains the security deposit if it were invested in bank bills that have a term of 90 days.16Use of security deposit(1)The holder may apply a security deposit to offset amounts owed to it by a small exempt customer if, and only if—

(a)the small exempt customer fails to pay a bill and the failure results in de-energisation of the small exempt customer’s premises by the holder and there is no contractual right to re-energisation of the premises; or

(b)in relation to the issue of a final bill—

(i)the small exempt customer vacates the premises; or

(ii)the small exempt customer requests de-energisation of the premises.

(2)If a final bill includes amounts payable for goods and services provided by the holder, other than for the sale of gas, the holder must apply the security deposit firstly in satisfaction of the charges for the sale of gas, unless—

(a)the small exempt customer otherwise directs; or

(b)another apportionment arrangement is agreed to by the small exempt customer.

(3)The holder must account to the small exempt customer in relation to the application of a security deposit amount within 10 business days after the application of the security deposit.(4)A reference in this condition to a security deposit includes a reference to any accrued interest on the security deposit.17Obligation to return security deposit(1)If the holder required a security deposit under section 12, the holder must repay the security deposit, together with accrued interest, in accordance with a customer’s reasonable instructions and within 10 business days after a customer has—

(a)for a residential exempt customer—completed 1 year’s payments; or

(b)for any other small exempt customer—completed 2 year’s payments by the pay-by dates applying to the customer’s bills; or

(c)vacated or requested de-energisation of the customer’s premises, if the security deposit or any part of it is not required in settlement of the final bill mentioned in section 16(1)(b) of this schedule.

(2)If the customer does not give reasonable instructions, the holder must credit the amount of the security deposit, together with accrued interest, on—

(a)if subsection (1)(a) or (b) applies—the customer’s next bill; or

(b)if subsection (1)(c) applies—the customer’s final bill.Note—Nothing in the conditions stated in this section affects the rights of the holder, in its capacity as a distributor under the Gas Supply Act 2003, to require a small exempt customer to give an amount in security for providing customer connection services within the meaning of the Gas Supply Act 2003.

Division 2Payment plans18Payment plans(1)The holder must offer and apply payment plans for a residential exempt customer experiencing payment difficulties if—

(a)the residential exempt customer informs the holder in writing or by telephone that the residential exempt customer is experiencing payment difficulties; or

(b)the holder otherwise believes the residential exempt customer is experiencing repeated difficulties in paying the residential exempt customer’s bill or requires payment assistance.

(2)However, the holder is not required to offer a payment plan to the residential exempt customer if the residential exempt customer—

(a)has had 2 payment plans cancelled due to non-payment in the previous 12 months; or

(b)has been convicted of an offence involving illegal use of gas in the previous 2 years.

(3)The holder must provide information to the residential exempt customer about the availability of—

(a)government-funded rebates, concessions or relief schemes; and

(b)appropriate financial counselling services.

(4)If the residential exempt customer requests the holder to permit payment by using Centrepay as a payment option, the holder may elect to permit this option.Part 6De-energisation and re-energisation19Reminder and disconnection warning notices(1)The holder may issue a small exempt customer a reminder notice after the pay-by date for a bill to remind the small exempt customer that payment is required.(2)A reminder notice issued under subsection (1) must—

(a)state the date of its issue; and

(b)state the date on which the reminder notice period ends; and

(c)state that payment of the bill must be made during the reminder notice period; and

(d)include details of the holder’s telephone number for complaints and disputes.

(3)The holder may issue a disconnection warning notice to warn a small exempt customer that the customer’s premises will or may be de-energised.(4)A disconnection warning notice issued under subsection (3) must—

(a)state the date of its issue; and

(b)state the matter giving rise to the potential de-energisation of the customer's premises; and

(c)if the notice has been issued for not paying a bill—

(i)state the date on which the disconnection warning period ends; and

(ii)state that payment of the bill must be made during the disconnection warning period; and

(d)for matters other than not paying a bill—allow a period of not fewer than 5 business days after the date of issue for the customer to rectify the matter before de-energisation will or may occur; and

(e)inform the customer of applicable re-energisation procedures and (if applicable) that a charge will be imposed for re-energisation; and

(f)include details of the existence and operation of the Energy and Water Ombudsman Queensland, including contact details; and

(g)include details of the telephone number of the holder.

20When the holder may arrange de-energisation(1)A holder may arrange de-energisation of a small exempt customer’s premises if—

(a)the customer—

(i)has not paid a bill by the pay-by date; or

(ii)is on a payment plan with the holder and has not adhered to the terms of the plan; and

(b)if the customer is a residential exempt customer, the customer—

(i)has not paid a bill by the pay-by date; and

(ii)has not agreed to an offer to pay the bill by instalments or, having agreed to the offer, has failed to adhere to an instalment arrangement; and

(c)the holder has given the customer a reminder notice; and

(d)the holder has given the customer a disconnection warning notice after the expiry of the period mentioned in the reminder notice; and

(e)the holder has, after giving the disconnection warning notice, used its best endeavours to contact the customer, in connection with the failure to pay, or to agree to the offer or to adhere to the payment plan or instalment arrangement mentioned in paragraphs (a)(ii) or (b)(ii), in 1 of the following ways—

(i)in person;

(ii)by telephone (in which case contact is, if the telephone is unanswered, taken to have occurred only if the customer acknowledges receipt of a message);

(iii)by facsimile or other electronic means (in which case contact is taken to have occurred only if the customer acknowledges receipt of the message); and

(f)the customer has refused or failed to take any reasonable action towards settling the debt.

(2)If a small exempt customer is a residential exempt customer who has informed the holder in writing or by telephone that the customer is experiencing payment difficulties, a holder must not arrange for de-energisation of the customer’s premises unless the holder has offered the customer 2 payment plans in the previous 12 months and—

(a)the customer has agreed to neither of them; or

(b)the customer has agreed to 1 but not the other of them but the plan to which the customer agreed has been cancelled due to non-payment by the customer; or

(c)the customer has agreed to both of them but the plans have been cancelled due to non-payment by the customer.

(3)The holder may arrange for the de-energisation of a small exempt customer’s premises if the customer has failed to pay a security deposit and if—

(a)the holder has given the customer a notice of its intention to do so; and

(b)the holder has given the customer a disconnection warning notice after the expiry of the period mentioned in the notice of its intention (that is not less than 5 business days after the giving of the notice of its intention).

(4)The holder may make immediate arrangements for de-energisation of a small exempt customer’s premises if there has been—

(a)fraudulent acquisition of gas at the premises; or

(b)intentional consumption of gas at the premises otherwise than in accordance with the energy laws.

(5)No disconnection warning notice or other notice is required for de-energisation under the circumstances mentioned in subsection (4).21When the holder must not arrange de-energisation(1)Subject to subsections (2) and (3), the holder must not arrange for de-energisation of a small exempt customer’s premises to occur—

(a)if the small exempt customer has made a complaint, directly related to the reason for the proposed de-energisation, to the holder under the holder’s standard complaints and dispute resolution procedures, and the complaint remains unresolved; or

(b)if the small exempt customer has made a complaint, directly related to the reason for the proposed de-energisation, to the Energy and Water Ombudsman Queensland, and the complaint remains unresolved; or

(c)if the small exempt customer is a residential exempt customer and is adhering to a payment plan under part 5, division 2 of this schedule; or

(d)if the small exempt customer informs the holder, or the holder is otherwise aware, that the small exempt customer has formally applied for assistance to an organisation responsible for a rebate, concession or relief available under any government-funded rebate, concession or relief scheme and a decision on the application has not been made; or

(e)on the ground that the small exempt customer has failed to pay an amount on a bill that relates to goods and services other than for the sale of energy; or

(f)during a protected period within the meaning of the National Energy Retail Rules.

(2)Subsections (1)(d), (e) and (f) do not apply if the reason for de-energisation was a failure to provide access to a meter.(3)Also, subsection (1) does not apply if—

(a)the small exempt customer has requested de-energisation; or

(b)the de-energisation of the small exempt customer’s premises was due to—

(i)the fraudulent acquisition of energy at the premises; or

(ii)the intentional consumption of energy at the premises otherwise than in accordance with the energy laws.

22Re-energisation(1)This section applies if—

(a)the holder has arranged for the de-energisation of a small exempt customer’s premises; and

(b)the small exempt customer has within 10 business days after the de-energisation—

(i)if relevant, rectified the matter that led to the de-energisation or made arrangements to the satisfaction of the holder; and

(ii)made a request for re-energisation; and

(iii)paid any charge for re-energisation.

(2)The holder must arrange for re-energisation of the premises within 5 business days after the customer acts under subsection (1)(b).Note—Re-energisation by the holder in its capacity as a distributor within 5 business days is subject to—

(a)the relevant gas installation and meters complying with all requirements under the Petroleum and Gas (Production and Safety) Act 2004 and any other relevant Act; and

(b)any limits on the holder’s obligation to provide ‘customer connection services’ (within the meaning of the Gas Supply Act 2003) under the Gas Supply Act 2003, section 109.

Schedule 2Conditions of exemption for Western Downs Regional Councilsection 18(b)Part 1Interpretation and conditions1InterpretationIn this schedule—distribution area, of a distribution authority, means the distribution area stated in the distribution authority.distribution authority means Area Distribution Authority No. DA-A-006 held by Western Downs Regional Council under the Gas Supply Act 2003.distributor means—

(a)for electricity—

(i)a regulated distributor system operator within the meaning of the NEL; or

(ii)a nominated distributor for electricity under the NERL (Qld), section 12; or

(b)for gas—Western Downs Regional Council as a holder of a distribution authority under the Gas Supply Act 2003.

exempt customer means an exempt customer under the NERL (Qld), section 109.explicit informed consent means explicit informed consent under the NERL (Qld), section 39.holder means Western Downs Regional Council.residential exempt customer means an exempt customer who purchases energy for personal, household or domestic use at a premises.small exempt customer means an exempt customer who would be a small customer under the NERL (Qld), section 5, if the person were a customer of a retailer within the meaning of that law.2Conditions generally(1)The holder must comply with the requirements of the Energy and Water Ombudsman Act 2006 to the extent they apply to the holder.(2)The holder may sell gas to exempt customers only from the distribution system described in the Area Distribution Authority No. DA-A-005, schedule 1.(3)The holder is not obliged to make an offer to sell gas to an exempt customer if the customer’s premises are not, or are not proposed to be, connected to the holder’s distribution system.3Conditions for small exempt customers(1)Subject to subsection (2), the holder may sell gas to small exempt customers only under its standard gas sale contract.(2)Subject to subsections (3) and (4), if the holder has, before the commencement, entered into a negotiated retail contract with a small exempt customer under the Gas Supply Act 2003, the holder must comply with the contract for the duration of the contract.(3)Subsection (4) applies if—

(a)the small exempt customer has entered into a negotiated retail contract with the holder under the Gas Supply Act 2003; and

(b)there is an inconsistency between the negotiated retail contract and the holder’s standard gas sale contract.

(4)The holder must—

(a)include in a bill for a small exempt customer the particulars set out in part 3 of this schedule; and

(b)comply with the billing review procedures set out in part 3 of this schedule.

(a)replace ‘energy’ or ‘electricity’ with ‘gas’ (except in definitions under the heading Simplified explanation of terms);

(b)replace ‘customer’ with ‘exempt customer’ (including in definitions under the heading Simplified explanation of terms);

(c)replace ‘standard retail contract’ with ‘standard gas sale contract’;

(d)replace ‘retailer’ with ‘exempt seller’ (except in definitions under the heading Simplified explanation of terms).

6Specific amendmentsThe model terms are amended as follows—

(a)in the Preamble—

(i)second paragraph—omit the sentence beginning with ‘For example’; and

(ii)third paragraph—omit; and

(iii)fourth paragraph—insert the appropriate URL in the [permitted alteration];

(b)in clause 1 (The parties)—insert ‘Maranoa Regional Council’ in the [permitted alteration];

(c)in clause 2 (Definitions and interpretation)—

(i)clause 2(a)—omit ‘and the Rules’ and replace with ‘and our seller exemption’; and

(ii)clause 2(b)—omit both occurrences of ‘and the Rules’ and replace both occurrences with ‘and our seller exemption’;

(d)in clause 3 (Do these terms and conditions apply to you?)—

(i)clause 3.1—omit ‘the National Energy Retail Law and the Rules’ and replace with ‘the conditions of our seller exemption under the National Energy Retail Law’; and

(ii)clause 3.2(d)—omit; and

(iii)clause 3.3—omit;

(e)in clause 4 (What is the term of this contract?)—

(i)clause 4.1—omit ‘pre-conditions set out in the National Energy Retail Law and the Rules’ and replace with ‘requirements under the Gas Supply Act 2003’; and

(ii)clause 4.2(a)(iv)—omit;

(f)in clause 5 (Scope of this contract)—omit in clause 5.2 the sentence beginning with ‘This is the role’;

(g)in clause 6 (Your general obligations)—omit clause 6.3;

(h)in clause 7 (Our liability)—

(i)clause 7(a)—omit ‘quality and reliability of your electricity supply and the’; and

(ii)clause 7(a)—omit ‘(such as your distributor)’; and

(iii)clause 7(c)—omit ‘National Energy Retail Law’ and replace with ‘Gas Supply Act 2003’;

(i)in clause 8 (Price for energy and other services)—

(i)clause 8.1(a)—omit ‘your distributor’s charges’ and replace with ‘charges for connection services’; and

(ii)clause 8.4(b)(ii)—omit ‘or the type of meter is changed (if needed)’;

(j)in clause 9 (Billing)—

(i)clause 9.2(a)—omit ‘the Rules’ and replace with ‘this contract’; and

(ii)clause 9.2(c)—omit and replace with—

(k)in clause 10 (Paying your bill)—

(i)clause 10.3(c)—omit ‘and under the National Energy Retail Law and the Rules’; and

(ii)clause 10.4—omit the sentence beginning with [Required alteration];

(l)in clause 12 (Undercharging and overcharging)—

(i)clause 12.2(a)—insert ‘$50.00’ in the [required alteration]; and

(ii)clause 12.2(b)—insert ‘$50.00’ in the [required alteration];

(m)in clause 14 (Disconnection of supply)—

(i)clause 14.1—omit ‘in the Rules’ and replace with ‘in our seller exemption’; and

(ii)clause 14.2—omit ‘in the Rules’ and replace with ‘in our seller exemption’; and

(iii)clause 14.3(a)(v)—omit; and

(iv)clause 14.3(b)(iv)—omit ‘clause 6.5 of your customer connection contract which deals with’ and replace with ‘your connection contract relating to the’;

(n)in clause 15 (Reconnection after disconnection)—omit in clause15(a) ‘request your distributor’ and replace with ‘arrange’;