The Energy Compliance and Enforcement Policy (Policy) provides information to regulated energy businesses and other stakeholders on our approach to compliance and enforcement in the Victorian energy market.
The Policy explains how we will promote and secure compliance with the Victorian energy industry legislation we administer, when we may investigate and take enforcement action, and our reporting of compliance and enforcement matters.
With effect from 22 July 2016, the Policy replaces the Interim Approach to Energy Compliance and Enforcement (December 2015) that modified our Compliance Policy Statement for Victorian Energy Businesses (January 2012).
The Policy applies in the context of our full suite of enforcement powers, as updated by the Energy Legislation Amendment (Consumer Protection) Act 2015 (the Act) and the Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 (the Regulations).
On 1 January 2016, the Act amended our enabling legislation, the Essential Services Commission Act 2001, and the Victorian energy industry legislation we administer, the Electricity Industry Act 2000 and Gas Industry Act 2001. The Act provided us with a new customer protection objective when regulating the energy industry, a new compliance and reporting function, and enhanced our regulatory tool kit by giving us new and updated enforcement powers.
The Regulations, which commenced on 1 June 2016, set out the specific contraventions to which Energy Industry Penalty Notices may apply.
We consulted with stakeholders when developing the Policy during the first half of 2016.