22Compliance investigations

22 Compliance investigations

(1)  An authorised retailer that retails electricity in Tasmania may request the Regulator to consider making an approval under section 43M(1) of the Act.

(2)  The Regulator must conduct a compliance investigation for the purposes of this regulation –

(a) if the Regulator decides, after considering a request under subregulation (1) from an authorised retailer, to conduct a compliance investigation in relation to the request; and

(b) in any case, before making an approval under section 43M(1) of the Act.

(3)  If, the Regulator decides, after considering a request under subregulation (1) from an authorised retailer to consider making an approval under section 43M(1) of the Act, not to conduct a compliance investigation in relation to the request, the Regulator must –

(a) give a notice in writing to the authorised retailer providing reasons as to why the Regulator has not conucted the investigation; and

(b) ensure that a copy of the notice is available, for viewing and downloading by a member of the public, at a website of the Regulator, for a period of not less than 6 months.

(4)  The objective of a compliance investigation for the purposes of this regulation is to enable the Regulator to determine –

(a) whether there has been a significant, deliberate or repeated failure by the Hydro-Electric Corporation to correctly apply the approved methodology in the calculation of prices to be applied in contracts to which section 43M(1) of the Act applies; and

(b) if there has been such a failure, whether the Regulator ought to make an approval under section 43M(1) of the Act.