Compliance Check - entering into retail contracts, explicit informed consent

Compliance check
Release date: 
9 November 2015
Related provisions: 

Sections 38 to 42 and 273 of the National Energy Retail Law.


The Australian Energy Regulator (AER) has been notified of an increase in the number of breaches of the explicit informed consent (EIC) provisions of the National Energy Retail Law (Retail Law). The AER has issued this compliance check to highlight the EIC obligations under the Retail Law.

Potential non-compliance with the Retail Law and National Energy Retail Rules is assessed by the AER in accordance with its Compliance and Enforcement PolicyThe AER will consider a range of factors in deciding on an appropriate response to particular conduct, and will take steps with the regulated entity involved. Part of the AER’s response may include issuing a compliance check for the broader industry to highlight the relevant obligations and to emphasise the importance of effective compliance processes and systems.