Compliance Archives

Oct202025 by Connor JamesNo Comments

Navigating the AER Retailer Authorisation Process: How Compliance Quarter Can Help

If you're planning to enter Australia's energy retail market, obtaining a retailer authorisation from the Australian Energy Regulator (AER) is not just a regulatory formality—it's a comprehensive assessment of your business's readiness to operate in one of the country's most heavily regulated sectors. Under the National Energy Retail Law, any business selling electricity or gas to customers must hold either a retailer authorisation or a retail exemption, and the authorisation process is designed to ensure only capable, well-resourced, and suitable businesses enter the market. The authorisation process can take a minimum of 12 weeks from the time all required information is submitted, though in practice it often takes considerably longer (6-12 months). This is because the AER's assessment is thorough and multifaceted, examining everything from your financial capacity and organisational…

Mar192025 by Connor JamesNo Comments

Application of Anti-Money Laundering Obligations on Lawyers in Australia

Compliance

The Australian legal profession is on the cusp of significant regulatory change with the passage of the Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024. This legislation extends the existing anti-money laundering (AML) and counter-terrorism financing (CTF) regime to Australian law firms, marking a substantial shift for the sector. The key commencement date for these new obligations, specifically for tranche two entities providing new designated services, is 1 July 2026 1. To comply with the amended Act, lawyers will need to undertake several crucial steps, including enrolling with AUSTRAC, developing a comprehensive AML/CTF program tailored to their practice, conducting thorough customer due diligence, adhering to strict reporting requirements for suspicious activities and certain transactions, and maintaining detailed records 1. The practical implementation of these obligations will be further defined by…

Feb72025 by Connor JamesNo Comments

Implementing an Effective Compliance Management Framework in Energy Retail

AU Energy Compliance, Compliance

Energy retail is one of the most highly regulated sectors in Australia. Retailers must navigate a web of national and state laws, industry codes, and licence conditions – all enforced by multiple regulators – making compliance a complex task. An effective compliance management framework is therefore essential to avoid legal penalties and reputational damage; in fact, failing to comply can cost millions in fines or worse, result in loss to consumers and severely harm an organisation’s reputation. To assist businesses in managing these obligations, international standards like ISO 37301:2021 (Compliance Management Systems) and its predecessor AS ISO 19600:2015 (Compliance Management Guidelines) provide structured guidance. This article explains how energy retailers can apply these standards in practice, with a focus on governance, risk assessment, policies and procedures, monitoring, and continuous improvement. It offers practical insights…

Dec62024 by Connor JamesNo Comments

Understanding Record-Keeping Requirements for Energy Retailers: A Guide to Compliance

AU Energy Compliance, Compliance

Record-keeping is a fundamental compliance obligation for energy retailers operating under the National Energy Retail Law (NERL), the National Energy Retail Rules (NERR), and the Australian Competition and Consumer Commission’s (ACCC) Electricity Retail Code. Good record management practices not only ensure compliance and mitigate the risk of penalties, but also foster transparency, accountability, and trust with customers, regulators, and other stakeholders. In this article, we outline key record-keeping requirements for energy retailers, provide a reference table for commonly encountered obligations, and offer practical recommendations for establishing robust record management policies, systems, and processes. Please note that this list is not exhaustive; it does not, for example, include requirements under the National Electricity Rules (NER) or other jurisdictional energy legislation. Key Record-Keeping Obligations Energy retailers are subject to a range of…

Oct172024 by Connor JamesNo Comments

Government Announces Ban Unfair Trading Practices to Protect Consumers

Compliance, Consultation, Consumer, NT Energy Compliance

The Albanese Government is introducing significant reforms to ban unfair trading practices under the Australian Consumer Law. These reforms aim to protect Australian consumers and small businesses from deceptive and manipulative practices that increase the cost of living. Expansion of Australian Consumer Law to cover unfair trading practices has been under consideration for many years. The intended outcome would be that a wider range of conduct would be prohibited - conduct that adversely affects consumers. Executive summary: The Albanese Government has announced a series of reforms aimed at banning unfair trading practices under the Australian Consumer Law. These reforms target practices such as subscription traps, hidden fees, deceptive online tactics, and dynamic pricing, all of which contribute to the rising cost of living. The Government has also released a consultation paper…

Jun32024 by Jodi DonovanNo Comments

AER payment difficulty framework review

AU Energy Compliance, Compliance, Consultation

The Australian Energy Regulator (AER) is conducting a review of the consumer protections available under the National Energy Customer Framework (NECF) for those experiencing payment difficulties. On 14 May 2024, the AER released an issues paper for consultation. The review is driven by the commitment in Action 8 of the ‘Towards Energy Equity’ strategy in which the AER committed to considering whether improvements could be made to the NECF to ensure that consumers experiencing payment difficulties are identified early, engaged proactively, and provided with assistance tailored to their individual needs. Currently, the NECF offers various protections for consumers facing payment difficulties through regulatory instruments such as the National Energy Retail Law (NERL), National Energy Retail Rules (NERR), National Energy Retail Regulations, and the AER Customer Hardship Policy Guideline. These protections…

Apr112024 by Connor JamesNo Comments

How to Avoid Compliance Risks by Effective Communication: A Case Study

Compliance, NT Energy Compliance

Compliance managers in the energy sector face many challenges in ensuring that their businesses comply with the regulatory framework. One of the most common and frustrating situations is when their advice is ignored or overridden by senior management or other stakeholders, exposing the business to potential compliance risks and penalties. In this article, we will present a hypothetical case study of a compliance manager in an energy retailer who faced this scenario and how it affected the business outcomes. We will also provide some practical recommendations for compliance managers on how to communicate effectively within the business and avoid compliance risks. The Case Study Anna is a compliance manager in a medium-sized energy retailer that operates in several states. She has been working in the energy sector for over 10…

Mar72024 by Connor JamesNo Comments

How to Choose a New Billing System for Energy Retailers

AU Energy Compliance, Compliance, NT Energy Compliance, NZ Energy Compliance

Billing is a vital part of the energy retail business. It involves calculating and collecting the charges for the energy services provided to the customers, as well as complying with the regulatory obligations and reporting requirements of the energy market. A good billing system can help the energy retailer to improve its operational efficiency, customer satisfaction, and competitive edge. However, many energy retailers are struggling with their existing billing systems, which may be outdated, unreliable, or inadequate for the changing needs and expectations of the market. Some of the common problems that energy retailers face with their billing systems are: Lack of flexibility and functionality. The billing system may not be able to handle the complexity and diversity of the energy products and services, such as time-of-use tariffs, demand response…

Mar62024 by Pritish Naik SalgaonkarNo Comments

AER hardship review concludes there is room for improvement

AU Energy Compliance, Compliance

Introduction The Australian Energy Regulator (AER) conducted a comprehensive hardship compliance review of several energy retailers, assessing their adherence to obligations towards customers facing financial hardship under the National Energy Retail Law and the National Energy Retail Rules. AER powers The AER, under section 206 of the National Energy Retail Law, holds the authority to issue compulsory notices to energy retailers. This review was a key project under the AER's 2022-23 Compliance and Enforcement Priority. Key findings of the review Identifying hardship customers: Some retailers were found to inadequately identify customers experiencing payment difficulties, with an over-reliance on customers to self-identify. In contrast, other retailers had proactive systems to identify and support such customers effectively. Informing customers of hardship policies: There was variable compliance in informing customers about the retailer’s…

Mar52024 by Pritish Naik SalgaonkarNo Comments

The NT Utilities Commission releases Decision Paper on stage 2 of electricity licensing regime review

Compliance, NT Energy Compliance

In 2022, the Utilities Commission of the Northern Territory (the Commission) commenced a review of the Territory’s licensing regime which aims to clarify and enhance the operation of the licensing regime. The review is being undertaken in three separate components (stages): Stage 1: a review of the coverage, relevance and flexibility (scope and design) of the licensing regime Stage 2: a review of the consistency, efficiency and effectiveness of the form and content of licences Stage 3: a review of the efficiency and effectiveness of the Commission’s licensing and related reporting The Decision Paper released in August 2023 marked the completion of Stage 1, focusing on refining the scope and design of the regime. This Decision Paper, released in January 2024, finalises stage 2, presenting the Commission’s decisions on new…