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
Australian Energy Market Commision (AEMC) includes distribution network resilience in the National Electricity Rules2 Schedule 2 of the National Electricity Amendment (Including distribution network resilience in the National Electricity Rules) Rule 2025 No. 5 National Electricity Rules –electricity - distribution

The AEMC has made a final rule to explicitly recognise distribution network resilience in the National Electricity Rules (NER). The final rule will provide regulatory clarity for Distribution Network Service Providers (DNSPs) and the AER on how to assess the economic efficiency of resilience expenditure proposals to reduce the risk and impact on consumers of power outages caused by severe weather events, taking into account the impacts of climate change.

The AEMC final rule establishes a formal framework for distribution network resilience in the NER, which includes:

  • New resilience expenditure factors that DNSPs and the 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 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.

The final rule took effect on 2 October 2025.

Inter-regional settlements residue arrangements for transmission loops3 National Electricity Amendment (Inter-regional settlements residue arrangements for transmission loops) Rule 2025 No. 9. National Electricity Rules –electricity – trading

On 25 September 2025, the AEMC made a final determination and more preferable final rule that will net off inter-regional settlements residue (IRSR) in transmission loops. This is in response to a rule change request submitted by the AEMO that sought to accommodate the creation of a loop in the NEM once Project EnergyConnect Stage 2 (PEC) is operational.

The AEMC consider that a ‘netting off’ approach for allocating IRSR best manages the risks to consumers and keeps costs as low as possible for consumers.

Under a “netting off” approach, positive and negative IRSR assigned to each arm of the loop in a dispatch interval is pooled together. If the resulting (netted) amount of IRSR is positive, it is distributed to settlements residue distribution (SRD) unit holders, and if it is negative, it is recovered from Coordinating Network Service Providers (CNSPs).

Under the final rule:

  • If the net loop IRSR is positive, it will be distributed to SRD unit holders based on the net energy transfer (net trade) between the connected regions, instead of the physical flows on the interconnectors.
  • If the net loop IRSR is negative, it will be recovered from the CNSPs in each connected region in proportion to regional demand.
  • Settlements residue auction (SRA) proceeds and positive IRSR attributed to any unsold units (unsold IRSR) will be allocated to the importing regions CNSP.

The final rule does not change the way in which IRSR is distributed for radial interconnectors, for example, the Queensland-NSW interconnector (QNI).

The final rule came into effect on 2 October 2025.

Netting off is scheduled to commence between 1 October 2026 and 2 November 2026.

National Electricity (Victoria) (VicGrid) Regulations 2025 (Vic)4 National Electricity (Victoria) (VicGrid) Regulations 2025 (Vic) Victoria – electricity

The Regulations make modifications to the NER.

For context, the enabling Act expands VicGrid’s powers to plan, develop, and deliver electricity transmission infrastructure in Victoria as part of Victoria’s renewable energy transition strategy. Previously, VicGrid shared its role with AEMO.

Broadly, the Regulations provide the following:

  • prescribe the Commonwealth Scientific and Industrial Research Organisation as a body that is permitted to receive protected information held by VicGrid,
  • prescribe the maximum amount of VicGrids civil monetary liability and the maximum amount of civil monetary liability of VicGrids officers and employees for the purposes of section 55E(2) of the Act, and
  • confer on AEMO a function of providing services and other support to VicGrid in relation to the conferral of functions and powers on VicGrid.
The Regulations came into operation on 1 November 2025.




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