The National Energy Retail Law and National Energy Retail Rules require the AER to issue exempt selling guidelines. The aim of the guideline will be to outline the classes of deemed and registrable exemptions and to provide guidance on the associated conditions. It will also provide advice on the application and registration processes for individual and registrable exemptions.
The AER published an issues paper outlining a proposed approach to retail exemptions in June 2010. The AER held a public forum and submissions were sought from interested parties.
In December 2010, the AER initiated a second round of consultation, publishing a consultation paper (including draft determinations of deemed and registrable exemptions), and a draft guideline. The consultation paper addressed issues raised in submissions to the first round of consultation, as well as reflecting changes in the Retail Law between the second exposure draft and the version that was introduced into the South Australian Parliament on 27 October 2010. The AER held a public forum and submissions were sought from interested parties.
In June 2011, the AER initiated a third round of consultation, publishing a draft exempt selling guideline (including draft determinations of deemed and registrable exemptions) and a notice of draft instrument. The draft guideline and notice of draft instrument address issues raised in submissions to the second round of consultation. The draft guideline and notice of draft instrument have been developed and published in accordance with the retail consultation procedure set out in rule 173 of the Retail Rules.
At the same time, the AER commenced consultation on the network service provider registration exemption guideline. The revised guideline and accompanying consultation paper can be found on the AER's website. The AER held a public forum to discuss this guideline and the exempt selling guideline together and submissions were sought from interested parties.
The final exempt selling guideline has been was published in December 2011 and is available on the AER's website.
October 2011 Further consultation on exempt selling guideline
The following written submissions covered both the draft exempt selling guideline and the draft network service provider registration exemption guideline.
