Reform of the Australian Energy Regulator Civil Penalty Regime

Reform of the Australian Energy Regulator Civil Penalty Regime

AU Energy Compliance
Tougher penalties The Statutes Amendment (National Energy Laws) (Penalties and Enforcement) Bill 2020 is currently before the SA Parliament. The Bill will amend the  National Electricity Law, National Gas Law and National Energy Retail Law (National Energy Laws) and introduce tougher penalties for non-compliance by energy businesses. The amendments bring the National Electricity penalty regime all into conformity with the penalty regime under Australian Consumer Law. There are three tiers of penalties that can be applied. The first tier attracting penalties of ~$10 million, the second attracting penalties of  ~$1.45 million, and the third of ~$145,000. The tests that are applied focus on consumer detriment, market impact, market participant behaviour, the security and reliability of supply, and the administration of the market. Examples of Type 1 Consumer Harm is conduct resulting in: a risk to…
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