s282(1) of the National Energy Retail Law
The AER has commenced proceedings in the Federal Court against four subsidiaries of AGL Energy Limited, alleging they failed to submit timely and accurate retail market performance data in breach of the National Energy Retail Law.
Under the National Energy Retail Law, retail market participants are required to submit retail market performance data to the AER in the manner and form required by the AER’s Performance Reporting Procedures and Guidelines (Version 2).
The AER alleges that the AGL subsidiaries were late in submitting accurate performance data for each of the quarters of the 2017/18 financial year. The AER also alleges that the data initially submitted and then resubmitted by the four AGL companies was inaccurate for 544 of 600 performance indicators, consisting of 1485 out of 3441 metrics submitted inaccurately, when combined across Quarters 1, 2 and 3. The data for Quarter 4 was correct, but was submitted up to 19 days late by each of the four AGL companies.