Essential Services Commission (Energy Industry Penalty Regime) Amendment Regulations 2019 (Vic)

Essential Services Commission (Energy Industry Penalty Regime) Amendment Regulations 2019

S.R. No. 128/2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Energy industry contraventions

6New regulation 5A inserted

7Table 1 of Schedule 1 substituted

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Endnotes

STATUTORY RULES 2019

S.R. No. 128/2019

Essential Services Commission Act 2001

Essential Services Commission (Energy Industry Penalty Regime) Amendment Regulations 2019

The Governor in Council makes the following Regulations:

Dated: 3 December 2019

Responsible Minister:

ROBIN SCOTT
Assistant Treasurer

ANDREW ROBINSON

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016—

(a)in relation to the prescribed energy industry contraventions relating to payment difficulties; and

(b)to prescribe lesser amounts of energy industry penalties in respect of certain energy industry contraventions relating to payment difficulties.

2Authorising provision

These Regulations are made under section 65 of the Essential Services Commission Act 2001.

3Commencement

These Regulations come into operation on 4 December 2019.

4Principal Regulations

In these Regulations, the Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016[1] are called the Principal Regulations.

5Energy industry contraventions

In the note at the foot of regulation 5 of the Principal Regulations, for "Regulations 6" substitute "Regulations 5A".

6New regulation 5A inserted

After regulation 5 of the Principal Regulations insert—

"5A    Lesser energy industry penalties prescribed for contraventions—Table 1

(1)For the purposes of section 54I(1) of the Act, the following amounts are prescribed for an energy industry contravention of the licence condition set out in column 2 of item 1 in Table 1 in Schedule 1—

(a)in the circumstances set out in paragraphs (a), (i), (j) and (k) in column 3 of that item—$10 000;

(b)in the circumstances set out in paragraphs (f), (g), (o), (p), (q), (r), (s), (t), (u) and (v) in column 3 of that item—$15 000;

(c)in the circumstances set out in paragraphs (l) and (n) in column 3 of that item—$7500;

(d)in the circumstances set out in paragraph (m) in column 3 of that item—$5000.

(2)For the purposes of section 54I(1) of the Act, $15 000 is the prescribed amount for an energy industry contravention set out in item 5 in Table 1 in Schedule 1.".

7Table 1 of Schedule 1 substituted

For Table 1 of Schedule 1 to the Principal Regulations substitute—

"Table 1—Energy industry contraventions relating to payment difficulties

Column 1 Item	Column 2 Licence Condition	Column 3 Circumstance
1	An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code.	The licensee fails to comply with— (a)   clause 56(1) of the Energy Retail Code; or (b)   clause 80(3) of the Energy Retail Code; or (c)   clause 81(2) of the Energy Retail Code; or (d)   clause 81(5) of the Energy Retail Code; or (e)   clause 81(6) of the Energy Retail Code; or (f)    clause 82(2) of the Energy Retail Code; or (g)   clause 82(3) of the Energy Retail Code; or (h)   clause 83(1) of the Energy Retail Code; or (i)    clause 86(1) of the Energy Retail Code; or (j)    clause 86(2) of the Energy Retail Code; or (k)   clause 86(3) of the Energy Retail Code; or
(l)    clause 87(1) of the Energy Retail Code; or (m)  clause 87(2) of the Energy Retail Code; or (n)   clause 87(5) of the Energy Retail Code; or (o)   clause 89(1)(d) of the Energy Retail Code; or (p)   clause 91(1) of the Energy Retail Code; or (q)   clause 94(2) of the Energy Retail Code; or (r)    clause 94(3) of the Energy Retail Code; or (s)   clause 94(4) of the Energy Retail Code; or (t)    clause 94(5) of the Energy Retail Code; or (u)   clause 94(7) of the Energy Retail Code; or (v)   clause 94(8) of the Energy Retail Code.
2	An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code.	The licensee fails to comply with clause 76(1) and (2) of the Energy Retail Code.
3	An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code.	The licensee fails to comply with clause 89(1)(b) of the Energy Retail Code— (a)   by failing to provide the information that the residential customer is entitled to under clause 80(1) of the Energy Retail Code; or (b)   by failing to contact the residential customer and provide the information that the residential customer is entitled to under clause 80(2) of the Energy Retail Code.
4	An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code.	The licensee fails to comply with clause 89(1)(c) of the Energy Retail Code— (a)   by failing to provide the tailored assistance that the customer is entitled to under clause 79(2) of the Energy Retail Code; or (b)   by failing to provide the tailored assistance that the customer is entitled to under clause 79(3) of the Energy Retail Code.
5	An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code.	The licensee undertakes a review of the market retail contract under clause 94(4) of the Energy Retail Code and as a result of the review offers the residential customer an alternative customer retail contract but that contract fails to comply with clause 94(6) of the Energy Retail Code as Centrepay is not made available as a payment option.

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Endnotes

[1] Reg. 4: S.R. No. 48/2016.