South Australia
National Energy Retail (South Australia) (Penalties) Variation Regulations 2021
under the National Energy Retail Law (South Australia) Act 2011

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Variation provisions
Part 2—Variation of National Energy Retail Regulations
4	Variation of regulation 3—Interpretation
5	Substitution of regulation 6—Civil penalty provisions
6	Civil penalty provisions
6	Insertion of regulation 12A
12A	Indexation of civil and criminal penalty amounts
7	Substitution of Schedule 1
Schedule 1—Civil penalty provisions
Part 1—Tier 1 civil penalty provisions
Part 2—Tier 2 civil penalty provisions
Part 3—Tier 3 civil penalty provisions

Part 1—Preliminary
1—Short title
These regulations may be cited as the National Energy Retail (South Australia) (Penalties) Variation Regulations 2021.
2—Commencement
These regulations come into operation on the day on which section 6 of the Statutes Amendment (National Energy Laws) (Penalties and Enforcement) Act 2020 comes into operation.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of National Energy Retail Regulations
4—Variation of regulation 3—Interpretation
Regulation 3—after the definition of the Law insert:
tier 1 civil penalty provision—see regulation 6(2);
tier 2 civil penalty provision —see regulation 6(3);
tier 3 civil penalty provision—see regulation 6(4).
5—Substitution of regulation 6—Civil penalty provisions
Regulation 6—delete the regulation and substitute:
6—Civil penalty provisions
	(1)	For the purposes of section 4(1)(b) of the Law, a provision of the Law, other than a civil penalty provision under section 4(1)(a) of the Law, or Rules listed in Schedule 1 is prescribed to be a civil penalty provision.
	(2)	A civil penalty provision listed in Schedule 1 Part 1 is prescribed for the purposes of section 4A(1)(c) of the Law and is a tier 1 civil penalty provision.
	(3)	A civil penalty provision listed in Schedule 1 Part 2 is prescribed for the purposes of section 4A(1)(b) of the Law and is a tier 2 civil penalty provision.
	(4)	A civil penalty provision to which section 4A(1)(a) of the Law applies is a tier 3 civil penalty provision.
6—Insertion of regulation 12A
After regulation 12 insert:
12A—Indexation of civil and criminal penalty amounts
	(1)	For the purposes of sections 300A and 300B of the Law, each civil penalty amount and criminal penalty amount is to be adjusted in accordance with the following formula:

Where—
P is the amount that applies on and from the date of the adjustment
Pc is the amount that applied immediately before the first adjustment
A is—
	(a)	for the first adjustment—the sum of the index numbers for the 4 quarters in the 2022 calendar year; and
	(b)	for each subsequent adjustment—the sum of the index numbers for the 4 quarters in the calendar year that ended most recently before the date of the adjustment
B is the sum of the index numbers for the 4 quarters in the 2019 calendar year
A/B is calculated to the nearest 3 decimal places (and a fourth decimal place of 5 is to be rounded up).
	(2)	An amount adjusted under this regulation is to be rounded up or down as follows:
	(a)	in the case of an amount that is $10 000 or greater—to the nearest multiple of $100 (with an amount of $50 rounded up);
	(b)	in the case of an amount that is less than $10 000—to the nearest multiple of $10 (with an amount of $5 rounded up).
	(3)	If an amount adjusted under this regulation is less than the amount that applied immediately before the adjustment, the amount that applied immediately before the adjustment applies instead.
	(4)	In this regulation—
index number for a quarter means—
	(a)	the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician for that quarter; or
	(b)	if the Australian Statistician fails or ceases to publish that Index, another index number determined by the MCE for that quarter.
7—Substitution of Schedule 1
Schedule 1—delete the Schedule and substitute:
Schedule 1—Civil penalty provisions
Part 1—Tier 1 civil penalty provisions
Provisions of the Law
Section 20(2)
Section 22(1)
Section 22(3)
Section 23(1)
Section 24
Section 25(1)
Section 27
Section 37
Section 38
Section 43(2)
Section 43(3)(b)
Section 50(1)
Section 53(2)
Section 57
Section 59(1)
Section 66
Section 69(1)
Section 71(1)
Section 88
Section 103(8)
Section 105(9)
Section 106
Section 108
Section 112(2)
Section 120(11)
Section 143(2)(a)
Section 274(1)
Section 276(1)
Section 276(2)
Section 276(4)
Section 282(1)
Provisions of the Rules
Rule 5(5)
Rule 19(2)(a)
Rule 19(2)(b)
Rule 51
Rule 52
Rule 59C(2)
Rule 59C(3)
Rule 59C(4)
Rule 59C(5)
Rule 71
Rule 72
Rule 73
Rule 74
Rule 75B(1)
Rule 75B(2)
Rule 83
Rule 85
Rule 90
Rule 91(c)
Rule 106
Rule 106A(1)
Rule 106A(2)
Rule 106A(3)
Rule 106A(4)
Rule 106A(5)
Rule 106A(6)
Rule 107(2)
Rule 107(3)
Rule 121(1)
Rule 122
Rule 124
Rule 124A
Rule 124B(1)
Rule 124B(2)
Rule 125
Rule 126
Rule 128(1)
Rule 129(1)
Rule 130(3)
Rule 130(4)
Rule 131(1)
Rule 133(1)
Rule 139(2)
Rule 140
Rule 141
Rule 142
Rule 144(1)
Rule 145(1)
Rule 146(1)
Rule 147(5)
Rule 147(6)
Part 2—Tier 2 civil penalty provisions
Provisions of the Law
Section 63
Section 156
Provisions of the Rules
Rule 16(2)(b)
Rule 17(2)
Rule 21(1)
Rule 21(2)
Rule 21(3B)
Rule 21(3D)
Rule 21(3G)
Rule 21(4)
Rule 24(1)
Rule 29(1)
Rule 29(7)
Rule 30(2)
Rule 31(1)
Rule 31(2)
Rule 31(3)
Rule 32(1)
Rule 32(4)
Rule 33(3)
Rule 34(2)
Rule 34(3)
Rule 40(1)
Rule 40(2)
Rule 40(3)
Rule 40(6)
Rule 40(7)
Rule 42(1)
Rule 43(1)
Rule 44(1)
Rule 44(2)
Rule 44(3)
Rule 45(1)
Rule 45(2)
Rule 46(4)
Rule 46B(1)
Rule 46B(2)
Rule 46C(1)
Rule 47(5)
Rule 47(6)
Rule 48(2)
Rule 48A(1)
Rule 50
Rule 52B(1)
Rule 55
Rule 56
Rule 59A(1)
Rule 59A(2)
Rule 59A(3)
Rule 59A(7)
Rule 70(4)
Rule 80
Rule 82
Rule 135(1)
Rule 135(3)
Rule 136(2)
Rule 136(3)
Rule 137(2)
Rule 137(3)
Rule 147(7)
Part 3—Tier 3 civil penalty provisions
Provisions of the Rules
Rule 25(1)
Rule 25(2)
Rule 28(1)
Rule 28(2)
Rule 46(4A)
Rule 56A
Rule 86A
Rule 86B
Rule 99(4)
Rule 99A(3)
Rule 100(3)
Rule 132(1)
Made by the Governor
on the unanimous recommendation of the Ministers of the participating jurisdictions and with the advice and consent of the Executive Council
on 27 January 2021
No 5 of 2021