On 22 December 2014, the AER published a draft revised version of its Exempt Selling guideline for consultation. The AER is proposing to amend the guideline to keep open certain classes of registrable exemptions that would otherwise close to new entrants from 1 January 2015. These amendments seek to address an issue that is of concern to sellers who would, under the current guideline, be required to seek an individual exemption for their activities from 1 January 2015.
This consultation process seeks stakeholder views on the proposed changes to the guideline only. The AER anticipates that it will undertake a more comprehensive review of the guideline in 2015 to consider broader issues and to take into account the outcome of the AER’s consultation on regulating innovative energy selling business models under the Retail Law, amongst other matters.
The Retail Law requires anyone selling energy to customers to either hold a retailer authorisation or a valid exemption. While most sellers of energy will hold an authorisation, there will be some circumstances where an authorisation is not appropriate. This could include retirement villages, caravan parks or any other arrangement where an owner purchases energy from an authorised retailer and then 'onsells' the energy to tenants.
The consultation draft of the Exempt Selling guideline and Notice of draft instrument have been prepared in accordance with the retail consultation procedure set out in rule 173 of the National Energy Retail Rules.
Invitation for submissions
Interested parties are invited to make written submissions on the draft guideline by COB, 10 February 2015. Late submissions may not be taken into account.
Submissions should be sent electronically to: AERinquiry
aer [dot] gov [dot] au (AERinquiry[at]aer[dot]gov[dot]au) and should be in Microsoft Word or other text readable document form.
Alternatively, submissions can be sent to:
General Manager—Retail Markets Branch
Australian Energy Regulator
GPO Box 520
Melbourne VIC 3001
Submissions provided by email do not need to be provided separately by mail.