Approach to Retail Exemptions Issues Paper

The AER has published an issues paper on its proposed approach to retail exemptions under the National Energy Retail Law and Rules, including proposed determinations of class exemptions. The issues paper is available from the AER website.

Under the proposed Retail Law, a person wishing to sell energy must hold a retailer authorisation or have an exemption from that requirement. The AER will be required to develop a guideline about retail exemptions, and develop classes of exemptions. The AER will also be able to issue individual exemptions. The type of person who might seek an exemption might be, for example, a caravan park owner; shopping centre operator; landlord or body corporate.

This issues paper represents the AER's preliminary consultation on its proposed approach to retail exemptions under the proposed Retail Law and Retail Rules. Responses to the paper will assist the AER to develop its approach to exemptions under the retail framework and the development of the Exempt Selling Guidelines that support the retail exemptions framework. These Guidelines, and proposed determinations of class exemptions, will be the subject of formal consultation once the Retail Law has been passed.

The AER invites written submissions by 2 August 2010. Submissions should be sent to

Submissions will be treated as public documents and placed on the AER's website unless otherwise requested. For information regarding the use and disclosure of information, please refer to the ACCC-AER information policy: the Collection, Use and Disclosure of Information.

The AER will hold two half-day stakeholder forums. A Melbourne-based forum will be held on Thursday 19 August 2010 from 9.30am to 12noon (AEST), with video conference links to Canberra and Hobart. An Adelaide-based forum will be held on Friday 20 August 2010 10am to 12.30pm (Central Standard Time), with video conference links to Sydney and Brisbane (For persons attending in Sydney and Brisbane, the forum will be held at 9.30am to 12noon Australian Eastern Standard Time). The agenda for these forums will be identical, and stakeholders need only attend one of the forums. Minutes for both forums will be distributed to stakeholders who attend either forum.

To register your participation at one of the forums, please send an email to by 4 August 2010, indicating the forum which you will attend and the city you will attend. The subject of the email should state "Registration for Retail Exemptions Stakeholder Forum - attention Pip Dodgson". Registration for the forum is essential as spaces are limited. Stakeholders are asked to nominate no more than one participant each.

The AER has also released an Issues Paper on its proposed approach to retail market performance reporting. Submissions on this paper close on 13 August 2010. A public forum will be held on Wednesday 4 August 2010. Further details are on the AER website.

Issued date: 
29 June 2010
AER reference: 
AC 311/10