The ESC can issue a person with a civil penalty notice (CPN) when they have contravened or are contravening: a determination, condition of licence or a Part 6 Code of Practice.
The CPN may direct that the person pay a monetary penalty if they do not cease contravening or take the steps to rectify their contravention in the manner and by the date specified in the notice.
From 1 January 2016, the maximum penalty amount under a CPN was increased. The ESC was also given new enforcement powers to issue two new types of penalty notice:
- a Wrongful Disconnection Penalty Notice (WDPN)
- an Energy Industry Penalty Notice (EIPN).
WDPNs can be issued by the ESC when it has reason to believe a retail energy licensee has contravened a requirement of the Energy Retail Code that relates to the wrongful disconnection of a customer from their energy supply.
EIPNs can be issued by the ESC when it has reason to believe an energy licensee has contravened a condition of licence, in the particular circumstances that will be prescribed by Regulation.