Under the National Energy Retail Law a person must hold a retailer authorisation (unless exempt from the requirement) prior to engaging in the retail sale of energy (electricity or gas). The AER administers retailer authorisations.
The National Energy Retail Law sets out three entry criteria that must be satisfied to obtain a retailer authorisation:
- organisational and technical capacity—the applicant must have the necessary organisational and technical capacity to meet the obligations of a retailer
- financial resources—the applicant must have resources or access to resources so that it will have the financial viability and financial capacity to meet the obligations of a retailer
- suitability—the applicant must be a suitable person to hold a retailer authorisation.
Retailer authorisation guidelines
The AER’s Retailer Authorisation Guideline sets out the AER’s approach to assessing applications for retailer authorisation, including the information that must be provided to satisfy the entry criteria. The guideline also sets out the processes for the transfer, surrender or revocation of a retailer authorisation.
We recommend that potential applicants contact the AER prior to submitting an application for a retailer authorisation.
There are some situations where a retailer authorisation is not necessary or appropriate, and a person selling energy may be exempt from the requirement to have an authorisation. The AER’s Exempt Selling Guideline sets out the AER’s approach to retail exemptions, including details of the types of activities which are exempt from the requirement to hold a retailer authorisation.
Public register of authorised retailers
The AER publishes the details of all authorised retailers in a public register. The AER consults on all authorisation applications (including applications to transfer or surrender an authorisation): details are published in the public register.