Enforcement matters
The Retail Law provides the AER with a range of possible enforcement options when breaches of obligations under the Retail Law and Rules occur.
By taking enforcement action the AER seeks to build compliance with obligations under the Retail Law and Rules for the benefit of customers by:
- stopping the breach and the behaviour that constituted the breach
- correcting the damage that the breach has caused
- preventing the same behaviour from reoccurring, and deterring other regulated entities from repeating it, and
- clarifying the operation of the Retail Law, Rules and Regulations.
In determining an appropriate enforcement response, the AER will consider a range of factors. Each case will be assessed on its merits, with regard to all relevant circumstances.
The AER has released a guideline and a statement of approach to compliance monitoring and enforcement of the Retail Law and Rules. These documents provide information to stakeholders on how the AER will approach its compliance and enforcement responsibilities under the Retail Law.
The guideline and statement of approach will take effect from 1 July 2012.
