Compulsory Notice Guidelines

  • Accepting submissions
Category: 
Compliance procedures & guidelines
Status: 
Date initiated: 
20 November 2020
Contact: 
General enquiries - Compliance AERCompliance@aer.gov.au

Overview

If the AER has reason to believe that a person is capable of providing information, producing a document or giving evidence that the AER requires for the performance or exercise of a function or power conferred on it under the National Energy Laws and Rules, the AER may serve a compulsory notice on that person.

Specifically, a compulsory notice may be issued by the AER to require the recipient to:

  1. provide information in writing signed by the recipient or competent officer of the recipient within the time and in the manner specified; and/or
  2. produce documents to the AER, or to a person specified in the compulsory notice; and/or
  3. appear before a member of the AER or a specified AER Senior Executive Service employee at a time and place specified in the compulsory notice to give evidence, orally or in writing, and produce documents.

The power under paragraph (c) will be introduced by amendments that will come into force upon the proclamation of the Statutes Amendment (National Energy Laws) (Penalties and Enforcement) Act 2020.

Those amendments also will now require the AER to publish guidelines about the exercise of these powers. We invite regulated businesses and other interested parties to make submissions on the draft Compulsory Notice Guidelines through application by close of business, Friday 11 December 2020.