{"id":"sr:essential-services-commission-energy-industry-penalty-regime-regulations","name":"Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016","slug":"essential-services-commission-energy-industry-penalty-regime-regulations-2016","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184104,"registerId":"vic-sr:essential-services-commission-energy-industry-penalty-regime-regulations-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016","content":"Version No. 002\n\n**Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016**\n\n**S.R. No. 48/2016**\n\nVersion incorporating amendments as at  \n4 December 2019\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definitions 2\n\n5 Energy industry contraventions 3\n\n5A Lesser energy industry penalties prescribed for contraventions—Table 1 3\n\n6 Lesser energy industry penalties prescribed for contraventions—Table 3 4\n\n7 Lesser energy industry penalties prescribed for contraventions—Table 6 4\n\n8 Lesser energy industry penalties prescribed for contraventions—Table 7 4\n\n9 Lesser energy industry penalties prescribed for contraventions—Table 8 5\n\n10 Lesser energy industry penalties prescribed for contraventions—Table 9 5\n\n11 Lesser energy industry penalties prescribed for contraventions—Table 10 5\n\nSchedule 1—Prescribed licence conditions and circumstances 7\n\n══════════════\n\nEndnotes 19\n\n1 General information 19\n\n2 Table of Amendments 21\n\n3 Amendments Not in Operation 22\n\n4 Explanatory details 23\n\n**Version No.** **002**\n\n**Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016**\n\n**S.R. No. 48/2016**\n\nVersion incorporating amendments as at  \n4 December 2019\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to prescribe conditions and circumstances for the purposes of the definition of ***energy industry contravention*** in section 54F of the **Essential Services Commission Act 2001**; and\n\n(b) to prescribe lesser amounts of energy industry penalties for the purposes of section 54I(1) of the **Essential Services Commission Act 2001** in respect of certain energy industry contraventions; and\n\n(c) to prescribe any other matter required, permitted or necessary to be prescribed under the **Essential Services Commission Act 2001**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 65 of the **Essential Services Commission Act 2001**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 June 2016.\n\n\t4 Definitions\n\nIn these Regulations—\n\n***AMI Tariffs Order*** means the Order made under section 46D of the **Electricity Industry Act 2000** published in the Victoria Government Gazette S216 on 19 June 2013;\n\n***Electricity Distribution Code*** means the document entitled \"Electricity Distribution Code\" published and amended from time to time by the Commission;\n\n***electricity distribution licence*** means a licence issued under Part 2 of the **Electricity Industry Act 2000** to distribute or supply electricity;\n\n***electricity retail licence*** means a licence issued under Part 2 of the **Electricity Industry Act 2000** to sell electricity;\n\n***energy industry contravention*** has the meaning given by section 54F of the Act;  \n\n***energy industry penalty*** means the penalty specified under section 54I(1) of the Act;\n\n***gas distribution licence*** means a licence issued under Part 3 of the **Gas Industry Act 2001** to provide services by means of a distribution pipeline;\n\n***Gas Distribution System Code*** means the document entitled \"Gas Distribution System Code\" published and amended from time to time by the Commission;\n\n***gas retail licence*** means a licence issued under Part 3 of the **Gas Industry Act 2001** to sell gas by retail;\n\n***relevant customer***—\n\n(a) in relation to an electricity retail licence, has the same meaning as in that licence;\n\n(b) in relation to a gas retail licence, has the same meaning as in that licence;\n\n***the Act***  means the **Essential Services Commission Act 2001**.\n\n\t5 Energy industry contraventions\n\nFor the purposes of the definition of ***energy industry contravention*** in section 54F of the Act—\n\n(a) a prescribed condition of an energy licence is a condition specified in column 2 of Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 or 11 in Schedule 1;\n\n(b) the prescribed circumstance for a prescribed condition of an energy licence is the circumstance specified for that licence condition in column 3 of Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 or 11 in Schedule 1.\n\nNote to reg. 5 amended by S.R. No. 128/2019 reg. 5.\n\n**Note**\n\nSection 54I(1) of the Act provides that the amount of an energy industry penalty for an energy industry contravention is $20 000 unless a lesser amount is prescribed. Regulations 5A to 11 prescribe lesser amounts for certain energy industry contraventions.\n\nReg. 5A inserted by S.R. No. 128/2019 reg. 6.\n\n\t5A Lesser energy industry penalties prescribed for contraventions—Table 1\n\n(1) For the purposes of section 54I(1) of the Act, the following amounts are prescribed for an energy industry contravention of the licence condition set out in column 2 of item 1 in Table 1 in Schedule 1—\n\n(a) in the circumstances set out in paragraphs (a), (i), (j) and (k) in column 3 of that item—$10 000;\n\n(b) in the circumstances set out in paragraphs (f), (g), (o), (p), (q), (r), (s), (t), (u) and (v) in column 3 of that item—$15 000;\n\n(c) in the circumstances set out in paragraphs (l) and (n) in column 3 of that item—$7500;\n\n(d) in the circumstances set out in paragraph (m) in column 3 of that item—$5000.\n\n(2) For the purposes of section 54I(1) of the Act, $15 000 is the prescribed amount for an energy industry contravention set out in item 5 in Table 1 in Schedule 1.\n\n\t6 Lesser energy industry penalties prescribed for contraventions—Table 3\n\nFor the purposes of section 54I(1) of the Act, $10 000 is the prescribed amount for an energy industry contravention set out in Table 3 in Schedule 1.\n\n\t7 Lesser energy industry penalties prescribed for contraventions—Table 6\n\nFor the purposes of section 54I(1) of the Act, $15 000 is the prescribed amount for an energy industry contravention set out in Table 6 in Schedule 1.\n\n\t8 Lesser energy industry penalties prescribed for contraventions—Table 7\n\nFor the purposes of section 54I(1) of the Act, the following amounts are prescribed for an energy industry contravention of the licence conditions set out in column 2 of items 1, 2 and 3 in Table 7 in Schedule 1—\n\n(a) in the circumstances set out in paragraph (a) in column 3 of those items—$10 000;\n\n(b) in the circumstances set out in paragraph (b) in column 3 of those items—$7500.\n\n\t9 Lesser energy industry penalties prescribed for contraventions—Table 8\n\nFor the purposes of section 54I(1) of the Act, $10 000 is the prescribed amount for an energy industry contravention set out in Table 8 in Schedule 1.\n\n\t10 Lesser energy industry penalties prescribed for contraventions—Table 9\n\nFor the purposes of section 54I(1) of the Act, the following amounts are prescribed—\n\n(a) for an energy industry contravention of the licence condition set out in column 2 of item 1 in Table 9 in Schedule 1—\n\n(i) in the circumstances set out in paragraphs (a) and (c) in column 3 of that item in that Table—$10 000;\n\n(ii) in the circumstances set out in paragraphs (b) and (d) in column 3 of that item in that Table—$5000.\n\n(b) for an energy industry contravention set out in items 2, 3, 4, 5, 6, 7 and 8 in Table 9 in Schedule 1—$10 000.\n\n\t11 Lesser energy industry penalties prescribed for contraventions—Table 10\n\nFor the purposes of section 54I(1) of the Act, the following amounts are prescribed—\n\n(a) for an energy industry contravention of the licence condition set out in column 2 of item 1 in Table 10 in Schedule 1—\n\n(i) in the circumstances set out in paragraphs (a), (b), (d) and (e) in column 3 of that item—$5000;\n\n(ii) in the circumstances set out in paragraph (c) in column 3 of that item—$7500;\n\n(b) for an energy industry contravention of the licence condition set out in item 2 in Table 10 in Schedule 1—$5000;\n\n(c) for an energy industry contravention of the licence condition set out in column 2 of items 3 and 4 in Table 10 in Schedule 1—\n\n(i) in the circumstances set out in paragraphs (a), (b), (c), (e) and (f) in column 3 of those items—$5000;\n\n(ii) in the circumstances set out in paragraph (d) in column 3 of those items—$7500.\n\nSchedule 1—Prescribed licence conditions and circumstances\n\nSch. 1 (Table 1) substituted by S.R. No. 128/2019 reg. 7.\n\n**Table 1—Energy industry contraventions relating to payment difficulties**\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Licence Condition* | *Column 3*<br>*Circumstance* |\n| --- | --- | --- |\n| 1 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with—<br>(a) clause 56(1) of the Energy Retail Code; or<br>(b) clause 80(3) of the Energy Retail Code; or<br>(c) clause 81(2) of the Energy Retail Code; or<br>(d) clause 81(5) of the Energy Retail Code; or<br>(e) clause 81(6) of the Energy Retail Code; or<br>(f) clause 82(2) of the Energy Retail Code; or<br>(g) clause 82(3) of the Energy Retail Code; or<br>(h) clause 83(1) of the Energy Retail Code; or<br>(i) clause 86(1) of the Energy Retail Code; or<br>(j) clause 86(2) of the Energy Retail Code; or<br>(k) clause 86(3) of the Energy Retail Code; or |\n|  |  | (l) clause 87(1) of the Energy Retail Code; or<br>(m) clause 87(2) of the Energy Retail Code; or<br>(n) clause 87(5) of the Energy Retail Code; or<br>(o) clause 89(1)(d) of the Energy Retail Code; or<br>(p) clause 91(1) of the Energy Retail Code; or<br>(q) clause 94(2) of the Energy Retail Code; or<br>(r) clause 94(3) of the Energy Retail Code; or<br>(s) clause 94(4) of the Energy Retail Code; or<br>(t) clause 94(5) of the Energy Retail Code; or<br>(u) clause 94(7) of the Energy Retail Code; or<br>(v) clause 94(8) of the Energy Retail Code. |\n| 2 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with clause 76(1) and (2) of the Energy Retail Code. |\n| 3 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with clause 89(1)(b) of the Energy Retail Code—<br>(a) by failing to provide the information that the residential customer is entitled to under clause 80(1) of the Energy Retail Code; or<br>(b) by failing to contact the residential customer and provide the information that the residential customer is entitled to under clause 80(2) of the Energy Retail Code. |\n| 4 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with clause 89(1)(c) of the Energy Retail Code—<br>(a) by failing to provide the tailored assistance that the customer is entitled to under clause 79(2) of the Energy Retail Code; or<br>(b) by failing to provide the tailored assistance that the customer is entitled to under clause 79(3) of the Energy Retail Code. |\n| 5 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee undertakes a review of the market retail contract under clause 94(4) of the Energy Retail Code and as a result of the review offers the residential customer an alternative customer retail contract but that contract fails to comply with clause 94(6) of the Energy Retail Code as Centrepay is not made available as a payment option. |\n\n\n**Table 2—Energy industry contraventions relating to life support customers**\n\n| *Column 1* | *Column 2* | | *Column 3* |\n| --- | --- | --- | --- |\n| *Item* | *Licence Condition* | | *Circumstance* |\n| 1 | | An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. | The licensee fails to comply with clause 5.6.1(c) of the Electricity Distribution Code. |\n| 2 | | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with—<br>(a) clause 124(1)(a) of the Energy Retail Code; or<br>(b) clause 124(1)(b) of the Energy Retail Code; or<br>(c) clause 124(1)(c) of the Energy Retail Code; or<br>(d) clause 124(1)(e) of the Energy Retail Code. |\n| 3 | | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference—<br>(a) clause 124(1)(a) of the Energy Retail Code; or<br>(b) clause 124(1)(b) of the Energy Retail Code; or |\n|  | |  | (c) clause 124(1)(c) of the Energy Retail Code.<br>(d) clause 124(1)(e) of the Energy Retail Code. |\n| 4 | | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by—<br>(a) clause 124(1)(a) of the Energy Retail Code; or<br>(b) clause 124(1)(b) of the Energy Retail Code; or<br>(c) clause 124(1)(c) of the Energy Retail Code; or<br>(d) clause 124(1)(e) of the Energy Retail Code. |\n\n\n**Table 3—Energy industry contraventions relating to access to interpreters or translators**\n\n| *Column 1* | *Column 2* | | *Column 3* |\n| --- | --- | --- | --- |\n| *Item* | *Licence Condition* | | *Circumstance* |\n| 1 | | An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. | The licensee fails to comply with clause 9.1.12 of the Electricity Distribution Code. |\n| 2 | | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with clause 55 of the Energy Retail Code. |\n| 3 | | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference clause 55 of the Energy Retail Code. |\n| 4 | | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by clause 55 of the Energy Retail Code. |\n\n\n**Table 4—Energy industry contraventions relating to  \nexplicit informed consent**\n\n| *Column 1* | *Column 2* | | *Column 3* |\n| --- | --- | --- | --- |\n| *Item* | *Licence Condition* | | *Circumstance* |\n| 1 | | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with clause 57(1) of the Energy Retail Code. |\n| 2 | | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with clause 16(4) of the Energy Retail Code. |\n\n\n**Table 5—Energy industry contraventions relating to exit fees**\n\n| *Column 1* | *Column 2* | | *Column 3* |\n| --- | --- | --- | --- |\n| *Item* | *Licence Condition* | | *Circumstance* |\n| 1 | | An electricity retail licence condition deemed under section 40D(1AA) of the **Electricity Industry Act 2000**. | The licensee fails to comply with section 40D(1AA) of the **Electricity Industry Act 2000**. |\n| 2 | | A gas retail licence condition deemed under section 48C(1AA) of the **Gas Industry Act 2001**. | The licensee fails to comply with section 48C(1AA) of the **Gas Industry Act 2001**. |\n\n\n**Table 6—Energy industry contraventions relating to undercharging  \nor overcharging of customers**\n\n| *Column 1* | *Column 2* | | *Column 3* |\n| --- | --- | --- | --- |\n| *Item* | *Licence Condition* | | *Circumstance* |\n| 1 | | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with—<br>(a) clause 30(2)(a) of the Energy Retail Code; or<br>(b) clause 30(2)(b) of the Energy Retail Code; or<br>(c) clause 30(2)(c) of the Energy Retail Code; or<br>(d) clause 30(2)(d) of the Energy Retail Code; or<br>(e) clause 31(1) of the Energy Retail Code; or<br>(f) clause 31(2) of the Energy Retail Code; or<br>(g) clause 31(3) of the Energy Retail Code. |\n| 2 | | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term orcondition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference—<br>(a) clause 30(2)(a) of the Energy Retail Code; or |\n|  | |  | (b) clause 30(2)(b) of the Energy Retail Code; or<br>(c) clause 30(2)(c) of the Energy Retail Code; or<br>(d) clause 30(2)(d) of the Energy Retail Code; or<br>(e) clause 31(1) of the Energy Retail Code; or<br>(f) clause 31(2) of the Energy Retail Code; or<br>(g) clause 31(3) of the Energy Retail Code. |\n| 3 | | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by—<br>(a) clause 30(2)(a) of the Energy Retail Code; or<br>(b) clause 30(2)(b) of the Energy Retail Code; or<br>(c) clause 30(2)(c) of the Energy Retail Code; or<br>(d) clause 30(2)(d) of the Energy Retail Code; or<br>(e) clause 31(1) of the Energy Retail Code; or<br>(f) clause 31(2) of the Energy Retail Code; or<br>(g) clause 31(3) of the Energy Retail Code. |\n\n\n**Table 7—Energy industry contraventions relating to energy bills**\n\n| *Column 1* | *Column 2* | | *Column 3* |\n| --- | --- | --- | --- |\n| *Item* | *Licence Condition* | | *Circumstance* |\n| 1 | | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with—<br>(a) clause 24(1) of the Energy Retail Code; or<br>(b) clause 25(1)(e) of the Energy Retail Code. |\n| 2 | | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference—<br>(a) clause 24(1) of the Energy Retail Code; or<br>(b) clause 25(1)(e) of the Energy Retail Code. |\n| 3 | | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by—<br>(a) clause 24(1) of the Energy Retail Code; or<br>(b) clause 25(1)(e) of the Energy Retail Code. |\n\n\n**Table 8—Energy industry contraventions relating to  \nguaranteed service levels and interruptions to energy supply**\n\n| *Column 1* | *Column 2* | *Column 3* |\n| --- | --- | --- |\n| *Item* | *Licence Condition* | *Circumstance* |\n| 1 | An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. | The licensee fails to comply with clause 5.5.1 of the Electricity Distribution Code. |\n| 2 | An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. | The licensee fails to comply with clause 6.2 of the Electricity Distribution Code. |\n| 3 | An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. | The licensee fails to comply with clause 6.3.1 of the Electricity Distribution Code. |\n| *Column 1* | *Column 2* | *Column 3* |\n| *Item* | *Licence Condition* | *Circumstance* |\n| 4 | An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. | The licensee fails to comply with clause 6.3.2 of the Electricity Distribution Code. |\n| 5 | An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. | The licensee fails to comply with clause 6.4 of the Electricity Distribution Code by failing to pay an amount referred to in clause 6.2 as soon as practicable or by failing to pay an amount referred to in clause 6.3 as soon as practicable following the end of the year in which the obligation arises under clause 6.3. |\n| 6 | A gas distribution licence    condition requiring the licensee to comply with the Gas Distribution System Code. | The licensee fails to comply with clause 2.2(b) of the Gas Distribution System Code. |\n\n\n**Table 9—Energy industry contraventions relating to the price comparator website**\n\n| *Column 1* | *Column 2* | | *Column 3* |\n| --- | --- | --- | --- |\n| *Item* | *Licence Condition* | | *Circumstance* |\n| 1 | | An electricity retail licence or electricity distribution licence condition deemed under section 46C of the **Electricity Industry Act 2000**. | The licensee fails to comply with—<br>(a) clause 11(3)(a) of the AMI Tariffs Order; or<br>(b) clause 11(3)(b) of the AMI Tariffs Order; or<br>(c) clause 11(4) of the AMI Tariffs Order; or<br>(d) clause 11(5) of the AMI Tariffs Order. |\n| 2 | | An electricity retail licence condition deemed under section 46C of the **Electricity Industry Act 2000**. | The licensee fails to comply with—<br>(a) clause 12(1) of the AMI Tariffs Order; or<br>(b) clause 12(2)(a) of the AMI Tariffs Order; or<br>(c) clause 12(2)(b) of the AMI Tariffs Order. |\n| 3 | | An electricity retail licence condition deemed under section 35A of the **Electricity Industry Act 2000**. | The licensee fails to comply with section 35A(a) of the **Electricity Industry Act 2000**. |\n| 4 | | An electricity retail licence condition deemed under section 36A(1) of the **Electricity Industry Act 2000**. | The licensee fails to comply with section 36A(1)(b) of the **Electricity Industry Act 2000**. |\n| 5 | | A gas retail licence condition deemed under section 42A of the **Gas Industry Act 2001**. | The licensee fails to comply with section 42A(a) of the **Gas Industry Act 2001**. |\n| 6 | | A gas retail licence condition deemed under section 43A(1) of the **Gas Industry Act 2001**. | The licensee fails to comply with section 43A(1)(b) of the **Gas Industry Act 2001**. |\n| 7 | | An electricity retail licence condition deemed under section 40G(1) of **Electricity Industry Act 2000**. | The licensee fails to comply with section 40G(1)(b) of the **Electricity Industry Act 2000**. |\n| 8 | | An electricity retail licence condition requiring the licensee to comply with all applicable laws. | The licensee fails to comply with section 40MAA(2) of the **Electricity Industry Act 2000**. |\n\n\n**Table 10—Energy industry contraventions relating to record keeping**\n\n| *Column 1* | *Column 2* | *Column 3* |\n| --- | --- | --- |\n| *Item* | *Licence Condition* | *Circumstance* |\n| 1 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with—<br>(a) clause 3D(1) of the Energy Retail Code; or<br>(b) clause 65(2) of the Energy Retail Code; or<br>(c) clause 65(5) of the Energy Retail Code; or<br>(d) clause 68(1) of the Energy Retail Code; or<br>(e) clause 68(2) of the Energy Retail Code. |\n|  |  |  |\n| 2 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee creates a record under clause 3D(1)(a) of the Energy Retail Code but the record is not in the format or does not include the information required by clause 3D(2) of the Energy Retail Code. |\n| 3 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference—<br>(a) clause 3D(1) of the Energy Retail Code; or<br>(b) clause 3D(2) of the Energy Retail Code; or<br>(c) clause 65(2) of the Energy Retail Code; or<br>(d) clause 65(5) of the Energy Retail Code; or<br>(e) clause 68(1) of the Energy Retail Code; or<br>(f) clause 68(2) of the Energy Retail Code. |\n| 4 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by—<br>(a) clause 3D(1) of the Energy Retail Code; or<br>(b) clause 3D(2) of the Energy Retail Code; or<br>(c) clause 65(2) of the Energy Retail Code; or<br>(d) clause 65(5) of the Energy Retail Code; or |\n|  |  |  |\n|  |  |  |\n|  |  | (e) clause 68(1) of the Energy Retail Code; or<br>(f) clause 68(2) of the Energy Retail Code. |\n\n\n**Table 11—Energy industry contraventions relating to access to offers for renewable energy customers**\n\n| *Column 1* | *Column 2* | *Column 3* |\n| --- | --- | --- |\n| *Item* | *Licence Condition* | *Circumstance* |\n| 1 | An electricity retail licence condition deemed under section 23C(1) of the **Electricity Industry Act 2000**. | The licensee fails to comply with section 23C(1) of the **Electricity Industry Act 2000**. |\n\n\n══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016, S.R. No. 48/2016 were made on 24 May 2016 by the Governor in Council under section 65 of the **Essential Services Commission Act 2001**, No. 62/2001 and came into operation on 1 June 2016: regulation 3.\n\nThe Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 will sunset 10 years after the day of making on 24 May 2026 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nEssential Services Commission (Energy Industry Penalty Regime) Amendment Regulations 2019, S.R. No. 128/2019\n\n| *Date of Making:* | 3.12.19 |\n| --- | --- |\n| *Date of Commencement:* | 4.12.19: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Regulations were amended in 2019 (S.R. No. 128/2019: reg. 6 inserted reg 5A; reg. 7 substituted Schedule 1 Table 1), which revised prescribed contraventions and introduced tiered lesser penalty amounts for many items (notably payment-difficulties provisions). Those amendments altered which contraventions attract specified lesser penalties and adjusted the quantum for particular circumstances compared with the 2016 instrument (see reg 5A and Schedule 1)."},"complexity_factors":["Extensive cross-references to external instruments: Energy Retail Code, Electricity Distribution Code, Gas Distribution System Code, AMI Tariffs Order and multiple Acts (see reg 4 definitions and Schedule 1).","Numerous itemised tables (Schedule 1, Tables 1–11) that tie specific clause numbers to contraventions — increases mapping and compliance burden for licensees.","Variable penalty levels keyed to particular circumstances and items (regs 5A–11), requiring fact-specific selection of prescribed amounts rather than a single rule.","Layered incorporation: licence conditions, contract terms that \"incorporate by reference\" Code clauses, and contract terms that \"expressly deal\" with the same subject matter (many Schedule items) — creates interpretive complexity for enforcement and compliance.","Amendment history alters scope and amounts (S.R. No. 128/2019 substituted Table 1 and inserted reg 5A) — regulatory change risk and need for ongoing monitoring.","Interplay with the Act's default penalty framework (s54I of the Act) means users must consult the Act plus these regs to determine applicable exposure (see Note to reg 5).","Multiple licence types covered (electricity retail, gas retail, electricity distribution, gas distribution) with differing obligations and codes — increases sectoral coverage and administration complexity.","Detail-level reliance on clause numbering across codes that may themselves be amended: implementation and enforcement require up-to-date consolidation of several instruments."],"plain_english_summary":"These Regulations specify which licence conditions and contract terms count as an \"energy industry contravention\" under the Essential Services Commission Act 2001 and set specified (usually lower) fixed penalty amounts instead of the $20,000 default. They apply to electricity and gas retail and distribution licensees and map particular breaches of the Energy Retail Code, Electricity Distribution Code, AMI Tariffs Order and certain statutory licence conditions to prescribed penalty amounts.\n\nMechanically, the instrument changes the financial consequence of defined breaches and requires licensees to track many Code clauses and deemed licence conditions (regs 1, 5 and 5A–11)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available information, the regulations appear to remain focused on their original purpose of establishing a penalty regime for the energy industry under ESC oversight. The version history indicates the regulations have been consolidated but there is no clear indication of significant scope expansion or contraction from the original intent."},"complexity_factors":["Operates as subordinate legislation (statutory rules) requiring understanding of the parent Act to fully interpret","Intersects with multiple regulatory frameworks including energy licence conditions and the broader ESC regulatory scheme","Penalty calculation mechanisms can involve graduated or tiered structures that require careful interpretation","Limited publicly visible content in the provided text makes full assessment difficult — the version history metadata suggests amendments over time, adding interpretive layers","Requires familiarity with the ESC's regulatory role and energy industry licensing to understand practical application"],"plain_english_summary":"These regulations create a clear financial penalty regime for electricity and gas retailers and distributors licensed by Victoria’s Essential Services Commission (ESC). They give the ESC powers to impose and collect fines for breaches of licence conditions and regulatory obligations.\n\nThat enforcement framework deters non‑compliance, protects consumers from harms like wrongful disconnections or billing errors, and strengthens regulatory accountability in the Victorian energy sector."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of prescribing specific licence condition breaches and corresponding penalty amounts for the energy industry penalty regime. The 2019 amendments (Version 002) refined penalty amounts for payment difficulty contraventions but did not expand the scope beyond the original intent of operationalising the penalty framework established in the Essential Services Commission Act 2001."},"complexity_factors":["Extensive cross-referencing to external documents: The regulations constantly refer to clauses in the Energy Retail Code, Electricity Distribution Code, Gas Distribution System Code, and the AMI Tariffs Order—none of which are reproduced in the text","Nested conditional logic: Penalty amounts vary based on specific circumstances within contraventions (e.g., Regulation 5A specifies four different penalty tiers ($5,000-$15,000) depending on which sub-clause of the Energy Retail Code was breached)","Multiple overlapping breach pathways: The same underlying conduct can be a contravention through three different legal routes—direct licence condition, contract term incorporating the Code by reference, or contract term expressly dealing with the same subject matter (seen in Tables 2, 3, 6, 7, and 10)","11 separate tables with distinct thematic organisation, each containing multiple items with specific clause references","Technical terminology requiring knowledge of Victorian energy legislation including deemed licence conditions under various sections of the Electricity Industry Act 2000 and Gas Industry Act 2001","Amendment history embedded in the text (e.g., \"substituted by S.R. No. 128/2019\") which creates version control complexity"],"plain_english_summary":"This legislation sets out the fines that energy companies in Victoria must pay if they break certain rules. It works together with the Essential Services Commission Act 2001 to create a penalty system for the electricity and gas industries.\n\n**What it does:**\n- **Defines specific breaches**: It lists exactly which licence conditions count as \"energy industry contraventions\" (basically, rule-breaking by energy companies). These are organised into 11 tables covering different problem areas like:\n  - Helping customers who can't pay their bills\n  - Protecting life support customers (people who need electricity for medical equipment)\n  - Providing interpreters for non-English speakers\n  - Getting proper consent from customers\n  - Charging the right amounts\n  - Sending correct bills\n  - Maintaining reliable supply\n  - Keeping proper records\n  - Offering renewable energy options\n\n- **Sets penalty amounts**: The default fine for breaking these rules is $20,000, but these regulations specify lower amounts for certain less serious breaches—ranging from $5,000 to $15,000 depending on the specific violation.\n\n**Who it affects:**\n- Electricity and gas retailers (the companies that sell energy to homes and businesses)\n- Electricity and gas distribution companies (the companies that own the poles, wires, and pipes)\n- Victorian energy customers (who benefit from the protections)\n\n**Why it matters:**\nThis creates a clear, predictable fine system so energy companies know exactly what they'll pay if they mistreat customers or fail to meet service standards. It helps enforce consumer protection rules in the Energy Retail Code and technical standards in the Electricity Distribution Code and Gas Distribution System Code. The tiered penalty structure means minor paperwork breaches attract smaller fines than serious failures like cutting off life support customers."}},"importantCases":[],"_links":{"self":"/api/acts/essential-services-commission-energy-industry-penalty-regime-regulations-2016","history":"/api/acts/essential-services-commission-energy-industry-penalty-regime-regulations-2016/history","analysis":"/api/acts/essential-services-commission-energy-industry-penalty-regime-regulations-2016/analysis","conflicts":"/api/acts/essential-services-commission-energy-industry-penalty-regime-regulations-2016/conflicts","importantCases":"/api/acts/essential-services-commission-energy-industry-penalty-regime-regulations-2016/important-cases","documents":"/api/acts/essential-services-commission-energy-industry-penalty-regime-regulations-2016/documents"}}