Australian Competition and Consumer Commission
AER Compliance policies
Summary
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This FOI release is the Australian Energy Regulator's (AER) Compliance and Enforcement Policy, dated July 2021 and listed as the second version of the 2019 policy, published with the ACCC as the releasing agency. It is a policy framework rather than investigation material, legal brief or correspondence. It sets out how the AER monitors, investigates and enforces compliance with the National Electricity, Gas and Energy Retail laws and Rules across eastern and southern Australian energy markets. It describes a risk-based approach, the compliance and enforcement factors used in deciding responses, and tools including information gathering, compulsory notices, administrative resolution, infringement notices, enforceable undertakings and court proceedings. Penalty details are included: infringement notices of $67,800 (Tier 1 and 2) or $33,900 (Tier 3), and maximum court penalties of $10 million for Tier 1 corporate breaches.
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