This article was co-authored with Jack Brown.

Norton Rose Fulbright provides a monthly overview of the key updates to Australian East Coast energy regulation.1  To view our previous instalment, please click here.

Update Amended or Governing Instrument(s) Application Description Status
The Australian Energy Regulator (AER) consults on new Retail Exempt Selling Guideline conditions2 Retail Exempt Selling Guideline (Retail Guideline) National Electricity Market – electricity – retail

The AER invites stakeholders to provide feedback on proposed conditions within the Retail Guideline, as part of its review of the exemptions framework for embedded networks. These new conditions require an exempt seller to:

  • Include the contact of the relevant energy ombudsman scheme on their residential customers’ energy bills.
  • Refund any credits applied to its customer’s account upon termination of the customer’s energy supply agreement.

The proposed new conditions, draft guidelines, notice and submissions are available on thereview of the exemptions framework for embedded networks page.

The final instrument is anticipated to be released on or before 29 August 2025.

Australian Energy Market Operator (AEMO) implements Frequency Performance Payments (FPP) reform3 National Electricity Rules National Electricity Market - electricity

Implemented under the Primary Frequency Response Incentives rule, FPP introduces a double-sided mechanism that incentivises market participants in real time based on how their assets impact system frequency. Participants with helpful impacts on frequency will receive incentives, which are recovered from those with unhelpful impacts – forming a zero-sum system.

FPP replaces the ‘Causer Pays’ model with a more accurate, five-minute contribution factor framework, enabling fairer and more transparent cost allocation for regulation Frequency Control Ancillary Services.
The reform went live on 8 June 2025.
AER releases an interim guidance note for emissions reduction4 Interim guidance note on emissions reduction expenditure National Electricity Market – electricity and gas

This interim guidance note takes a principles-based approach on the AER’s expectations for expenditure forecasting in relation to emissions reduction. It covers topics related to:

  • Prescribed transmission services and standard control services for electricity distribution.
  • Regulated pipeline services for gas expenditure.
  • Other related matters such as tariffs and alternative control services, including public lighting.

The interim guidance note took effect on 16 June 2025.

Consultation on reforms to the Default Market Offer (DMO)5 Competition and Consumer (Industry Code—Electricity Retail) Regulations 2019 (Cth) NSW, South Australia and south-east Queensland – electricity – retail and consumer 

Currently the DMO sets a price cap on how much energy retailers can charge households and small businesses on standing offer contracts in NSW, South Australia and south-east Queensland. It also acts as a reference price so customers can easily compare different electricity plans.

On 18 June 2025, the Australian Government announced it was reforming the DMO. The reformed DMO will:

  • Still act as the maximum price retailers can charge customers on standing offers.
  • Make sure those customers pay a fair and efficient price that only compensates retailers for the costs of supplying electricity.
  • Move closer in line with other areas like Victoria.
  • Help to set up the energy market to better reflect Australia’s changing energy grid.
Changes to the DMO are due to come into effect in 2026 and consultation on the reform is now open until 18 July 2025.
Australian Energy Market Commission (AEMC) delivers enhanced consumer protections to help customers find better energy deals6 National Electricity Rules National Electricity Market – electricity – retail

The AEMC has introduced new reforms to:

  • Protect customers from paying higher prices for their loyalty by ensuring they pay no more than the standing offer price if their energy plan's benefits change or expire.
  • Remove unreasonably high penalties for not paying bills on time.
  • Restrict retailers from increasing prices in market retail contracts more than once every 12 months.
  • Prohibit retail fees for vulnerable consumers and limit fees and charges to reasonable costs for all other consumers. 
The new rules will take effect on 1 July 2026.
Final rule to allow cash as credit support7 National Electricity Rules National Electricity Market – Electricity

The AEMC has expanded credit support options available to participants in the National Electricity Market, with particular benefits for smaller retailers and consumers.

The final rule will allow participants to provide up to $20 million each in cash as credit support, in addition to existing bank guarantee and letter of credit options.       

The new rule commences on 1 November 2026.
The Australian Government is reviewing gas market regulation8 TBC Australian Gas Market

The Department of Industry, Science and Resources and the Department of Climate Change, Energy, the Environment and Water (DCCEEW) is reviewing gas market regulation. The review will consider:

  • The effectiveness of current policies and regulations.
  • Whether the regulatory interventions remain suitable.
  • Opportunities for streamlining and consolidating the regulatory approach.
  • Alternative approaches to addressing current challenges.

The current regulations will remain in place until the review is finalised and changes are made.

Submissions close 5pm on 15 August 2025.
Electricity Safety (Electric Line Clearance) Interim Regulations 2025 (Vic)9 Electricity Safety Act 1998 (Vic) and Electricity Safety (Bushfire Mitigation) Regulations 2023 (Vic) Victoria – electricity - distribution 

The purpose of the Electric Line Clearance regulations is to prevent vegetation growing too close to electric lines. If it does, this can result in safety risks.

These interim regulations are in force while a comprehensive review of the permanent regulations is underway.             
The Regulations came into operation on 26 June 2025 and will remain in force until 25 June 2026.
AER updates the Shared Asset Guidelines10 Shared Assets Guidelines National Electricity Market – electricity and gas – transmission and distribution

The updates give effect to the National Electricity Amendment (Regulated stand-alone power systems) Rule 2022 which amended Chapter 6 of the NER to classify regulated stand alone power systems (SAPS) as standard control services. 

Consequently, regulated SAPS form part of the regulated asset base, while also providing a non-distribution service, specifically a generation service. Where an asset in the regulatory asset base is providing two services, one of which is not a distribution service, the provisions related to shared assets in the NER apply.  

The changes were published on 30 June 2025.





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