109ACompliance and enforcement report—retailers

109A Compliance and enforcement report—retailers (1) The Commission must, as soon as practicable after 30 June (but on or before 30 November) in each year publish on its Internet site a report (a ***compliance and enforcement report***) on the matters referred to in subsection (2) in respect of the period of 12 months ending with 30 June in that year. (2) A compliance and enforcement report must include the following (in relation to the period to which the report relates)— (a) a report on all enforcement action taken by the Commission in respect of each retailer; (b) a report on all injunctions granted under Division 5 of Part 7 of the **Essential Services Commission Act 2001** (other than an injunction granted under section 54ZJ of that Act); (c) a report on the extent to which each retailer has complied, or failed to comply, with its obligations under its licence conditions and the provisions of any Code of Practice; (d) a report on the performance of each retailer measured against the performance indicators; (e) any other matters the Commission considers appropriate. (3) The Commission, after each quarter, must update the report in respect of that quarter, and must do so before the end of the next quarter. ***enforcement action*** means any of the following— (a) the service of a compliance notice within the meaning of section 3 of the **Essential Services Commission Act 2001**; (b) the making of a contravention order within the meaning of section 3 of the **Essential Services Commission Act 2001**; (c) the acceptance of an enforceable undertaking within the meaning of section 3 of the **Essential Services Commission Act 2001**; (d) the making of an order under section 54ZF of the **Essential Services Commission Act 2001**; (e) the payment of a penalty notice within the meaning of section 3 of the **Essential Services Commission Act 2001**; (f) the variation of a licence condition by the Commission under section 29A; (g) any other prescribed action; ***performance indicators*** means the indicators for the performance of a retailer determined by the Commission under section 109B; ***quarter*** means the period of 3 months ending on 30 September, 31 December, 31 March or 30 June in any year. S. 109B inserted by No. 41/2021 s. 52.