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.

Update Amended or Governing Instrument(s) Application Description Status
Final rule to reduce the risk of power outages caused by severe weather National Electricity Rules (NER) National Electricity Market (NEM) – electricity – distribution The final rule establishes a formal framework for distribution network resilience in the NER, which includes:
  • New resilience expenditure factors that Distribution Network Service Providers (DNSPs) and the Australian Energy Regulator (AER) must have regard to when proposing and assessing capital and operating expenditure for resilience;
  • Formal Network Resilience Guidelines that the AER must develop, publish and maintain in accordance with a set of requirements. These guidelines may be new stand-alone guidelines or included as part of another guideline.
  • New distribution annual planning and reporting requirements for resilience.

The new resilience expenditure factors are a driver or input, among others, into satisfying the expenditure objectives in the NER, including:

  • Maintaining the reliability, safety, security and quality of supply of standard control services.
  • Maintaining the reliability, security and safety of the distribution system through the supply of standard control services.
The final rule provides that, from 2 October 2025, the Victorian DNSPs may take the new resilience expenditure factors into account in their revised regulatory proposals for the 2026-31 regulatory control period, and the AER must take the new factors into account in its final distribution determinations.

 

Transitional rules will require that:

  • The AER develops and publishes guidelines by 1 December 2026.
  • DNSPs must comply with the new annual planning and reporting requirements starting with their 2028 Distribution Annual Planning Reports.
Comprehensive overhaul of the technical requirements for connecting to the national electricity grid National Electricity Rules NEM – electricity – generation, distribution and transmission The final rule:
  • Amends the NEM access standards to apply them by plant type7
  • Amends the access standards for generators, integrated resource systems and synchronous condensers.
  • Amends the access standards for high voltage direct current links.
  • Makes other consequential NER amendments.
  • Includes transitional provisions to allow.
  • Choosing a mix of old and new standards and to minimise disruption to ongoing connections.

There is also a second package of reforms under development which seeks to address the projected growth of large-scale electricity users, particularly data centres driven by AI development.

The finalised Package 1 reforms will commence on 21 August 2025, with transitional provisions to minimise disruptions to ongoing connection applications.

 

The Australian Energy Market Commission (AEMC) invites stakeholder feedback on Package 2 by 19 June 2025.

Minimum disconnection amount - Draft Decision National Energy Retail Law and National Energy Retail Rules National Energy Customer Framework (NECF) – electricity and gas – retail and consumer Following its review of payment difficulty protections in the National Energy Customer Framework, the AER are proposing to increase the minimum disconnection amount to $500 (including GST). Consultation on the draft decision closes on 18 June 2025. The AER aim to make a final decision on the new minimum disconnection amount in mid-2025.
Consultation opens on the Draft Capital Expenditure Incentive Guidelines amendments Capital Expenditure Incentive Guidelines NEM – electricity and gas – transmission and distribution

The AER has published its proposed amendments to the Capital Expenditure Incentive Guidelines. These Guidelines outline their ex-ante and ex-post measures to incentivise efficient capital expenditure for networks.

The amendments aim to address:

  • The AEMC’s amending rule on managing integrated system plan (ISP) project uncertainty through targeted ex-post reviews
  • Exclusions from the application of the Capital Expenditure Sharing Scheme (CESS) in certain circumstances
  • Adjustments to the CESS to accommodate abandoned ISP projects.
Interested stakeholders are invited to send submissions in response to the proposed amendments by 27 June 2025.
AER requires retailers to include additional information on bills Better Bills Guidelines NEM – electricity and gas – retail and consumer The AER has made a decision under section 37 of the Better Bills Guideline to require retailers that re-use plan names to provide additional information on bills.

 

Retailers that re-use plan names will now be required to add the following information below any better offer message alerting customers to a cheaper plan:

If this plan has the same name as your current plan, you are on an older version of the plan which has different rates. You can still save money by switching to a newer version.

This amendment took effect from 23 May 2025.
Electricity Infrastructure Investment Amendment Regulation 2025 Electricity Infrastructure Investment Regulation 2021 (NSW) NSW – electricity – generation The Regulation amendment:
  • Broadens the matters the consumer trustee must consider when assessing a tender bid for a long-term energy service agreement for firming infrastructure or long-duration storage infrastructure to include the following— 
  • How the proposed infrastructure to be supported under the agreement will support the reliability of electricity supply in the NSW region.
  • If the tender bid includes a claim that the construction of the infrastructure proposed to be supported under the agreement will avoid or defer costs of projected regulated investment in the network—the potential of the construction to avoid or defer the costs.
  • Provides that if the Energy Corporation is appointed as the infrastructure planner for a renewable energy zone to which an access scheme applies, the Energy Corporation has, in addition to its other functions as the infrastructure planner for the renewable energy zone, the function of coordinating the construction of generation, storage and network infrastructure in the renewable energy zone.
This amendment took effect from 9 May 2025.
Energy and Land Legislation Amendment (Energy Safety) Act 2025 Various Victoria – electricity and gas – generation, transmission and distribution The Energy and Land Legislation Amendment (Energy Safety) Act 2025 (Vic) was passed by the Victorian Parliament last week, strengthening Energy Safe Victoria’s regulatory powers. The changes build on previous changes which came into effect in May 2024. The changes include:
  • Significantly increased penalties for certain breaches of the Electricity Safety Act and Gas Safety Act;
    the power to immediately suspend the registration of an electrical contractor or licence of an electrical worker if public safety is at risk.
  • The authority to issue prohibition notices and an expanded scope for issuing improvement notices for contraventions of the Electricity Safety Act.
  • Expanded authorised officer powers, including entering a premises with a warrant if there is a safety risk or non-compliance; and the authority to request assistance when exercising powers, with penalties for refusal or obstruction.
  • Streamlined regulatory processes, including when specified operators must submit bushfire mitigation plans, which is now at least every five years, instead of annually.
Some of the changes have now come into effect. Further changes will come into effect on 30 June 2025 and 1 April 2026.
Victorian Energy Efficiency Target Amendment (Energy Upgrades for the Future) Bill 2025 and related amendments Victorian Energy Efficiency Target Act 2007 (Vic) and Victorian Energy Efficiency Target Amendment (Targets and Shortfall Penalty Rates) Regulations 2025 (Vic) Victoria – electricity and gas Key amendments made by the Bill to the Victorian Energy Efficiency Target Act 2007 (Vic) include:
  • Extending the Victorian Energy Upgrades program from 2030 to 2045.
  • Providing expanded and new compliance and enforcement powers for the Essential Services Commission (ESC) to oversee the program, including:
  • The issuing or improvement notices and prohibition notices.
  • Making further provisions in relation to civil penalty requirements.
  • Removal of certain certificate restrictions in relation to the surrender of Victorian energy efficiency certificates.
  • Allowing activities to be prescribed for activities required to be undertaken by other laws or to be undertaken only in respect of vulnerable and low-income consumers.
  • Enabling related bodies corporate to hold Victorian Energy Efficiency Target scheme registry accounts.
Amendments started taking effect from 21 May 2025.
Rules to help Victorians access affordable energy and tackle ‘loyalty tax' Energy Retail Code of Practice Victoria – electricity and gas – retail and consumer The ESC is proposing new rules to require energy retailers to move certain customers onto cheaper plans.
  • Retailers would be required to move customers:
    receiving assistance under the Payment Difficulty Framework onto their cheapest plan.
  • In arrears for at least three months and with arrears above $1,000 onto their cheapest plan.
  • On contracts over four years old onto a reasonable price, considering their circumstances.

The Commission has proposed a range of other rule changes designed to help customers access affordable energy plans and stay connected, including:

  • Requiring retailers to make it easier for customers to move to their cheapest plan.
  • Prohibiting retailers from making a payment method like direct debit or a communication channel like e-billing a prerequisite for accessing a particular energy plan.
  • Increasing the minimum debt a customer can be disconnected for from $300 to $500.
Interested stakeholders are invited to send submissions in response to the proposed amendments by 26 June 2025.

In addition to the above updates, the Victorian Government has released its draft Transmission Plan (Draft VTP). The Draft VTP details what renewable energy technologies and transmission should be built, when, where, and in what capacity to meet Victoria’s future energy needs over the next 15 years. It sets out:

  • Daft proposed renewable energy zones, which are areas identified as most suitable to host new onshore renewable generation and storage.
  • Proposed new transmission investments required in the next 15 years to support renewable energy zone development and deliver network security and reliability.
  • A draft proposed renewable energy zone on Gippsland’s shoreline, which is needed to support offshore wind generation.


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