The Retail Law includes new roles for the AER in monitoring, investigating, enforcing and reporting on compliance by regulated entities with obligations under the Retail Law and Rules. To support these functions, the Retail Law provides wide ranging information gathering powers and requires the AER to produce compliance procedures and guidelines. The AER has also released the Statement of Approach to compliance with the Retail Law and Rules, providing information to stakeholders on how the AER will approach its compliance and enforcement responsibilities under the Retail Law.
The AER commenced consultation on approaches to these new roles with the release of an Issues Paper in May 2010. A draft decision and preliminary drafts of the guideline and statement of approach were released in December 2010. The AER released a second draft guideline and statement of approach in March 2011. These papers, and written submissions received in response to them, are available below. The AER has used this consultation to develop its final guideline and statement of approach.
On 26 July 2011, the AER released the final AER Compliance Reporting Procedures and Guidelines and the final Statement of Approach to compliance with the Retail Law and Rules. These documents, and the accompanying notice of final instrument, are available below. The guideline and statement of approach will take effect from 1 July 2012.
July 2011 Notice of Final Instrument, Final AER Compliance Procedures and Guidelines and Statement of Approach