Regulatory Sandboxing Legislation Consultation

Publication date: Wednesday, 16th September 2020.

The former COAG Energy Council considered the findings of the Australian Energy Market Commission’s (AEMC) Regulatory Sandbox Arrangements to Support Proof-of Concept Trials Final Report and agreed to amend the national energy laws and rules to implement the AEMC’s recommendations to introduce a regulatory sandbox kit, subject to further work by officials.

Following agreement by Senior Officials of the former COAG Energy Council, this consultation package seeks stakeholder feedback on draft amendments to the National Electricity Law, National Energy Retail Law and National Gas Law to support the introduction of a regulatory sandbox framework based on the AEMC’s final recommendations.

Key outcomes include:

  • the introduction of a set of innovative trial principles in the national energy laws;
  • amending the functions and powers of the Australian Energy Regulator to make trial waivers for trial projects;
  • provision for the AEMC to make trial rules for trial projects;
  • introduction of a more streamlined process for the assessment and making of trial rules;
  • provision for the AER to monitor and enforce trial waivers, and associated conditions, and trial rules and any requirements as set by the AEMC.

Senior Officials encourage stakeholders to provide feedback, through a written submission (Word and PDF), on the draft amendments. Senior Officials welcome comments from stakeholders, including on drafting omissions or errors and whether the amendments will raise any practical implementation or transitional issues.

Following the consideration of submissions, a final package of draft amendments will be forwarded to Energy Ministers’ for consideration.

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Council Priority Issue