Draft guideline

When the Statutes Amendment (National Energy Laws) (Penalties and Enforcement) Act 2020 comes into force the AER is required to publish guidelines that must include information about the exercise of the AER's powers, including:

  • the rights and obligations of persons who are served with a relevant notice under the compulsory notice sections;
  • the penalties applying under the compulsory notice sections for non-compliance with a notice; and
  • the purposes for which information obtained under the compulsory notice sections may be used.



We invite regulated businesses and other interested parties to make submissions on the draft guidelines through application by close of business Friday 11 December 2020.

We seek comment on the extent to which the draft guidelines address the required information in the bullet points above, as well as the processes for the exercise of the oral examinations power.

Submissions should be emailed to AERComplianceataer [dot] gov [dot] au with the subject line: Attention: Jacqui Thorpe, General Manager, Compliance & Enforcement.

Alternatively, written submissions may be posted to:

Jacqui Thorpe
General Manager, Compliance & Enforcement
Australian Energy Regulator
GPO Box 520

We will take into account submissions in finalising the guidelines.