The Australian Energy Regulator (AER) has today released its final exempt selling guideline and accompanying notice of final instrument.
Under the National Energy Retail Law (Retail Law), which commences on 1 July 2012, a person wishing to sell energy must either hold a retailer authorisation, or a valid exemption from that requirement.
The exempt selling guideline outlines classes of onselling activities – known as deemed and registrable exemptions - which will be exempt from the requirement to hold a retailer authorisation. Onselling activities that do not fall within those classes may be eligible for an individual exemption. The guideline outlines situations where an onseller should seek an individual exemption from the AER, and explains how to apply to the AER for an individual exemption.
The AER has developed the exempt selling guideline (and accompanying determinations of classes of deemed and registrable exemptions) in accordance with requirements in the National Energy Retail Law in anticipation of its new functions.
The AER has undertaken several rounds of stakeholder consultation in developing the exempt selling guideline. Stakeholder consultation has been in the form of formal written submissions and also stakeholder forums held in various capital cities (with video links to other capital cities). The AER has taken comments made in the most recent round of full consultation, and comments in a further, targeted round of consultation, in developing the final guideline and determinations.