Trials legislation update - 26 September 2022
After delays due to the change in South Australia's government in 2021, legislation enabling the provision of trial waivers by the AER and trial rule changes by the AEMC was reintroduced into South Australian Parliament in June 2022.
The legislation is not likely to pass and come into effect before November 2022 (it may be later depending on changes to the South Australian Parliament's sitting roster) which means that we are unable to provide trial waivers presently, but there are many ways trial proponents can get ahead of the game and start some important discussions with us now.
When can I lodge my trial application?
Unless your trial relates to retailing energy in Victoria, trial applications cannot yet be formally lodged. Presently only the Essential Services Commission (ESC) in Victoria is accepting trial waiver applications under the Energy Innovation Toolkit. This is because the ESC is governed by its own legislation on energy retailing in Victoria, and its sandboxing trial legislation has already passed through its Parliament.
BUT there are a number of avenues open to individuals and entities hoping to apply for a trial waiver or trial rule change while we await the passing of the national legislation. The most important of these is pre-trial discussions with the AER.
What can I do before the legislation passes?
Even without the trial legislation there are a number of things innovators can do to progress their proposal:
- Find out what you might be missing - apply through our Innovation Enquiry Service for tailored guidance on your proposed innovation. We can tell you what regulations might apply, what you might need a waiver from, and we can get our project partner agencies thinking about your proposal.
- Talk to us and our project partners about your idea - have a pre-trial confidential discussion with us to get us thinking about your trial and what might need to happen for it to go ahead.