Victorian Energy Retail Code of Practice (formerly the Energy Retail Code)

Victorian Energy Retail Code of Practice (formerly the Energy Retail Code)

AU Energy Compliance
On 1 March 2022, the Victorian Energy Retail Code of Practice took effect.  The rules previously existed in a different iteration (Energy Retail Code), however in December 2021, Victorian legislative changes deemed existing energy codes as ‘codes of practice’.  To fully implement the new enforcement framework and effect the conversion, the Essential Services Commission (ESC) undertook a 6 month review and consultation process, which culminated in the final version of the Energy Retail Code of Practice being published. The new code has no substantive changes to the obligations for licensees or exempt persons.  In the final decision, the ESC noted that the process of converting the existing code to a ‘code of practice’ was primarily an administrative one.  Chiefly, the changes involved re-numbering provisions, and minor clarifications.  This was to…
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The 2022-23 Victorian Default Offer review

The 2022-23 Victorian Default Offer review

AU Energy Compliance
Recently we wrote an article about the draft AER 2022-23 Default Market Offer.  A parallel process is taking place in Victoria, and on 15 March 2022 the Essential Services Commission (ESC) released their draft decision about the Victorian Default Offer (VDO). Submissions are open until 12 April 2022 with the release of the final decision in May, and decision to take effect from 1 July 2022.  The ESC will hold a public (online) forum for those interested on 31 March 2022. About the VDO The ESC is responsible for setting the VDO prices, which is a set independent electricity price. While the VDO’s objective is to provide a reasonably priced option, it may not always be the cheapest option.  It is useful as a reference point for consumers but they…
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Draft Retail Exempt Selling Guideline (Version 6) March 2022

Draft Retail Exempt Selling Guideline (Version 6) March 2022

AU Energy Compliance
What’s Changed? On 9 March 2022 the AER published its draft Retail Exempt Selling Guideline (Version 6). The AER have invited stakeholder’s submissions which closes on 7 April 2022. The draft amendments to the guideline invoke some significant changes and also involves some minor tweaking to give clarity in relation to compliance obligations. This document provides a summary of the changes. The first point to note is the name changes to the guidelines. The AER stated: We have revised the title of the Guideline from AER (Retail) Exempt Selling Guideline to Retail Exempt Selling Guideline. Similarly, we have changed the title of the Electricity Network Service Provider – Registration Exemption Guideline to Network Exemptions Guideline (network guideline). The title changes of both guidelines aim to promote symmetry between the two…
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ESC: Compliance and Performance Reporting Guidelines Version 7

ESC: Compliance and Performance Reporting Guidelines Version 7

AU Energy Compliance
 Transitional Period Guide and Summary of Amended Provisions On 16 February 2022, the Essential Services Commission of Victoria (ESC) amended its Compliance and Performance Reporting Guidelines (the ‘Guideline’). The amendments are contained in version 7 of the Guidelines. This guideline applies to all licensed Victorian electricity and gas retailers as a statutory condition of licence under section 23A of the Electricity Industry Act 2000 (Vic) (EIA) and section 33 of the Gas Industry Act 2001 (Vic) (GIA). This guideline also applies to all licensed Victorian electricity and gas distributors as a condition of licence. The Guideline took effect on 16 February 2022. Compliance indicator and performance indicator reporting obligations take effect from 1 July 2022. This performance reporting requirement will take effect from 1 March 2022, with data for the…
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