AER v AGL Sales Pty Limited & Ors [2020] FCA 1623

Court decision
Release date: 
13 November 2020
Related provisions: 

Section 282(1) of the National Energy Retail Law


The Federal Court order is available from the Federal Court of Australia website.


On 12 November 2020, the Federal Court made declarations by consent that four subsidiaries of AGL Energy (AGL Sales, AGL SA, AGL Retail and Powerdirect) each:

  • failed to submit to the AER, in respect of its performance, information and data by the relevant due dates for the Q1, 2, 3 and 4 reporting periods of the 2017/18 reporting year,
  • and therefore failed to submit to the AER information and data in the manner and form (including by the dates) required by the AER Performance Reporting Procedures and Guidelines, and contravened s 282(1) of the National Energy Retail Law between 31 October 2017 and 19 September 2018.

The Court ordered by consent that the AGL Energy subsidiaries each pay pecuniary penalties of $325,000 (a total of $1.3 million) and a contribution of $100,000 towards the AER’s costs.