The ESC can take licensing action against an energy licensee by:
- varying a licence, or condition of licence, with the licensee’s agreement
- varying a licence, or condition of licence, if necessary, in accordance with the ESC’s statutory objectives.
The ESC also has powers to require a person to obtain an energy licence if they are engaging in certain energy activities unlawfully, or if they cease to refrain from unlawfully engaging in those activities or obtain a licence, to issue a monetary penalty.
From 1 January 2016, the ESC has a new power to unilaterally vary a licence, or conditions of licence, in response to an energy licensee’s non-compliance.
The ESC may also direct an energy licensee, in accordance with the new deemed statutory licence condition, to publish in a Victorian newspaper, notice of the enforcement action the ESC has taken against them. The ESC can direct that the licensee’s notice provide certain information and be published at a certain time.