Regulation & Compliance

The Commission's general regulatory powers are set out in the Essential Services Commission Act 2001 and are applied to the Victorian electricity and gas industries by the Electricity Industry Act 2000 and the Gas Industry Act 2001. These Acts sets out the Commission's powers about licensing and service regulation.

The Commission's primary objective under the Essential Services Commission Act 2001 is to promote the long term interests of Victorian consumers with regard to the price, quality and reliability of essential services.

For further information select a regulatory compliance topic from the following list

Licences

Section 16 of the Electricity Industry Act 2000 prohibits a person from engaging in the generation of electricity for supply or sale or the transmission, distribution, supply or sale of electricity unless the person is:

  • the holder of a licence authorising that activity; or
  • exempted from the requirement to obtain a licence in respect of that activity.

A contravention of section 16 of the Act can result in a penalty of up to $100,000 plus $10,000 for each day after service of a contravention notice.

Section 22 of the Gas Industry Act 2001 prohibits a person from providing services by means of a distribution pipeline or engaging in the sale of gas by retailer either as a principal or agent unless the person is:

  • the holder of a licence authorising that activity; or
  • exempted from the requirement to obtain a licence in respect of that activity.

A person may apply to the Commission for the issue of a licence authorising the activities set out in section 16 of the Electricity Industry Act 2000 and section 22 of the Gas Industry Act 2001.
 
The Commission has granted licences in accordance with the provisions of the Electricity Industry Act 2000 and the Gas Industry Act 2001.

Codes & Guidelines

Section 13 of the Essential Services Commission Act 2001 provides that the Commission may publish statements and guidelines relating to the performance of its functions and the exercise of its powers. The Commission also has the power under the Electricity Industry Act 2000 to require electricity and gas licensees to observe service standards and procedures.The Commission publishes codes and guidelines that set out the standards and procedures the licensed distributors and retailers are required to follow.

Price Decisions & Determinations

The Commission publishes its decisions and determinations about the regulatory framework and prices that businesses can charge for electricity and gas services.

Performance Reports

The Commission monitors the price and service performance of gas and electricity distribution and retail businesses. It publishes reports of their performance to inform customers about the price-service mix they receive, to monitor trends in performance and to facilitate 'competition by comparison' in services not subject to effective competition (namely distribution services).

Audit Reports

Each distributor and retailer is required under its licence to appoint an independent auditor to conduct audits of its compliance with its obligations under its licence, compliance with codes and guidelines published by the Commission, and the reliability and quality of information it reports to the Commission. The procedure for the appointment of the auditor and the conduct of the audit is set out in Guidelines.

The Commission publishes the scope and summary reports of audits undertaken.

In the energy retail sector, the regulators of Victoria, South Australia, New South Wales and the Australian Capital Territory have agreed on an inter-jurisdictional approach to audits. This approach is designed to reduce the potential overlap and duplication of audits for individual energy retailers.