Energy Safety Act 2006

The Act operationalises five core concepts: business planning, levy funding, participant definition and assessment, investigatory powers, and a dedicated funding account.

Business planning: The chief executive officer and Director of Energy Safety must jointly prepare an annual draft business plan addressing a statement of intent, a financial plan, the total levy to be raised, split between electricity and gas participants, and the assessment method (s 4, s 6). The statement of intent must set objectives, scope of DES office activities, performance targets, and the type of advice to be provided to the Minister for a five year forecast (s 7). The financial plan must forecast remuneration, operating and capital expenditure, and retained revenue including amounts to be paid into the Energy Safety Account (s 8).

Levy funding: The Minister specifies the levy parameters by Gazette notice (s 14). The statutory levy is defined as a levy determined under s 14(1) and imposed under the Energy Safety Levy Act 2006 (s 3(1)). The process links the levy amount to the business plan (s 14(3)), provides for parliamentary scrutiny and disallowance with an explicit fallback calculation referencing March CPI should disallowance occur (s 15(5)(b)), and requires notice of assessment and payment dates (s 16, s 17). Non‑payment attracts penalties calculated at a rate prescribed in regulations and recovery in court (s 18, s 19).

Participant definition and assessment: The term energy industry participant is defined broadly by reference to classes of licence holders under the Electricity Industry Act 2004 and Energy Coordination Act 1994, supply authorities under the Electricity Act 1945, distributors of liquefied petroleum gas, persons exempted from licence requirements, and any class prescribed by regulation (s 3(1)). The chief executive officer determines who is liable and issues assessments pursuant to the levy notice and regulations (s 16). Objecting participants have 42 days to object and may apply for review by the State Administrative Tribunal (ss 20-21), and objections do not suspend the obligation to pay (s 24).

Investigatory powers and obligations: The Director may require oral or written answers and production of specified relevant material for business planning and levy determination purposes (s 28). Investigators may be designated and given identification cards (s 29), and have powers to enter land and non‑residential premises, search, seize or copy documents, require operation of equipment, demand passwords and translations, and take photographs or films (s 30). Statutory penalties up to $20,000 apply for failure to comply, obstruction, false or misleading information, and misuse of confidential information (ss 28(6), 30(4), 31-33).

Energy Safety Account and permitted uses: The Act establishes the Energy Safety Account as an agency special purpose account under the Financial Management Act 2006 (s 26(1)). It specifies the streams to be credited (levies, penalties, specified licence fees and other revenue, s 26(3)) and permits payments from the account for DES office costs, account administration including collection costs, repayments required by s 15(5)(d), and other Minister authorised energy safety purposes (s 27). This structure centralises levy receipts and connects them directly to energy safety operations and related administrative costs.

Interplay with other statutes: The Act repeatedly cross‑references licensing and institutional statutes, so the scope of levy liability and the DES office’s functions interact with the Electricity Industry Act 2004, Energy Coordination Act 1994, Electricity Act 1945, Gas Standards Act 1972, and the Financial Management Act 2006 (s 3(1), s 26(1), s 26(3)(c)). The levy itself is imposed under a separate enactment, the Energy Safety Levy Act 2006, which is incorporated by reference in the defined term levy (s 3(1)).

The primary financial burden falls on "energy industry participants" as defined in s 3(1). This definition lists holders of generation, integrated regional, distribution and transmission licences as defined in the Electricity Industry Act 2004 (s 3(1)(a)-(d)), distribution licence holders under the Energy Coordination Act 1994 (s 3(1)(e)), persons exempted from those licence requirements (s 3(1)(f)), supply authorities (s 3(1)(g)), distributors of liquefied petroleum gas (s 3(1)(h)), and any other persons or classes prescribed by regulation (s 3(1)(i)). In practice, that includes vertically integrated utilities where licences exist, network operators, gas distributors, LPG distributors, and potentially permit‑exempt generators if regulations prescribe them. The Act does not limit liability to incorporated entities; it links liability to licence status and to any prescribed classes (s 3(1)).

Who decides allocation and assessment: The Minister decides the quantum and structure of the levy by Gazette notice (s 14). The chief executive officer determines which participants are liable and issues notices of assessment and payment dates under s 16. The Director of Energy Safety and the chief executive officer jointly prepare the business plan that underpins the levy, but the Minister has direction and approval powers over the draft business plan and may direct modifications if agreement is not reached (s 9, s 11, s 12). The Minister must also lay the approved business plan before Parliament (s 11(2), s 36).

Who benefits: The DES office and the department benefit from the funded appropriation mechanism. Money paid into the Energy Safety Account funds DES office remuneration, operating and capital costs, and administrative costs including levy collection (s 8, s 26(3), s 27). The account also pays for required repayments where levy notices are disallowed (s 27(c)).

Obligations on third parties and contractors: Persons in possession or control of relevant information or material, including contractors, consultants and service providers, may be required to provide information or material to the Director for business planning and levy determination (s 28(1)). Investigators may require persons on premises to operate equipment, provide passwords or assist in interpreting data (s 30(3)(e)(iv)-(v)). Those obligations create compliance responsibilities for third parties holding operational data.

Regulated persons with enforcement exposure: Persons who fail to comply with information requirements, obstruct investigators, provide false or misleading information, or misappropriate confidential material are exposed to statutory fines, some up to $20,000 (s 28(6), s 30(4), s 31, s 32, s 33). The regulations may prescribe additional penalties up to $10,000 for regulatory offences (s 37(2)(c)).

Public institutions and Parliament: The business plan and levy notice processes impose duties on the Minister to table documents in Parliament (s 11(2), s 36). Parliament retains a check through a disallowance procedure for levy notices (s 15). The Financial Management Act 2006 receives a role through the establishment of the Energy Safety Account as an agency special purpose account (s 26(1)).

Obligations of DES office and department: The chief executive officer and Director of Energy Safety must prepare a draft business plan each year and submit it to the Minister for approval, with prescribed timelines for the first and subsequent plans (s 4(1)-(2), s 5). The draft plan must include a statement of intent, a financial plan, the total levy amount, the electricity/gas split, and a description of the assessment method (s 6(1)(a)-(f)). The Director must carry out functions under the Energy Coordination Act 1994 s 7 in accordance with the statement of intent in the business plan unless the Minister authorises otherwise in writing (s 13). The chief executive officer must act on any Ministerial directions to modify the draft plan within the period specified (s 9(3)-(4), s 12(2)-(4)).

Ministerial powers and duties: The Minister may require further consideration of the draft plan, return it for revision, give written directions to the chief executive officer to take specific steps or make modifications if agreement is not reached, approve the draft plan so that it becomes the business plan, and must lay the approved plan before Parliament within 14 days (s 9, s 11). The Minister also determines the levy by Gazette notice and must publish the levy notice on or before specified dates, making it reference the business plan (s 14(1)-(3)).

Assessment and payment duties on participants: The chief executive officer must determine which energy industry participants are liable and must assess the levy amount in accordance with the levy notice and regulations, then give notice of assessment to each participant stating the amount and payment dates (s 16). An assessed participant is liable to pay the assessed levy and must pay by the dates specified in the notice (s 17). If instalments are provided and an instalment is missed, the whole unpaid levy becomes immediately due (s 17(3)). Non‑payment attracts an additional penalty calculated at a rate in the regulations and may be recovered in court (s 18, s 19).

Information and cooperation duties: The Director may require participants to answer questions and produce material relevant to generating capacity, sites served, or matters prescribed by regulation (s 28(1), s 28(3)). The Director must allow a reasonable time and may require verification by statutory declaration (s 28(4)-(5)). Investigators may require persons on premises to give name and address, answer questions, provide information, operate equipment, provide passwords and translations, and give other reasonable assistance (s 30(3)(e)(i)-(vi)). Failure to comply with those requirements is an offence, attracting fines up to $20,000 for specified provisions (s 28(6), s 30(4)).

Rights of review and objection: An assessed person may object in writing to the chief executive officer within 42 days on grounds of error in the determination of liability or assessment amount, and the chief executive officer must consider and notify the decision with reasons (s 20(1)-(6)). A person dissatisfied with the chief executive officer’s decision may apply to the State Administrative Tribunal for review within 42 days, with a further extension possible for reasonable cause (s 21). A person may also apply to SAT to review a refusal to extend time for an objection (s 22). SAT may consider new grounds and reasons not originally raised, subject to procedural fairness (s 23). Filing an objection does not suspend payment obligations (s 24). Overpayments following objection or review are repayable (s 25).

Confidentiality duty: The chief executive officer, Director of Energy Safety and other persons who obtain information under the Act are prohibited from recording, disclosing or using information except for authorised purposes, required disclosures under law, or with written consent by the person to whom the information relates, with breaches attracting a $20,000 fine (s 33).

Delegation and administrative duties: The chief executive officer may delegate powers or duties in writing to other officers of the department, but delegates cannot further subdelegate (s 34). Delegations are taken to be exercised according to their terms unless the contrary is shown (s 34(4)-(5)).

Regulatory drafting power: The Governor may make regulations for matters required or convenient to give effect to the Act, including procedure for assessing and collecting a levy, information provision to ascertain energy industry participant status, and penalties not exceeding $10,000 for regulatory offences (s 37).

Monetary penalties are the principal enforcement tool in the Act. The Act prescribes a range of fines for specific non‑compliance, and provides civil recovery and criminal offence mechanisms in defined circumstances.

Statutory fines and offences: Failure by an energy industry participant to comply with a requirement to provide information or material under s 28 within the time allowed is an offence punishable by a fine of $20,000 (s 28(6)). Similarly, refusing or failing to comply with an investigator’s requirement to answer questions, provide information, operate equipment or give passwords is an offence with a $20,000 fine (s 30(4)). Providing information known to be false or misleading in a material particular to the Director or an investigator is an offence with a $20,000 fine (s 31). Hindering or obstructing an investigator is an offence with a $20,000 fine (s 32). Unauthorised recording, disclosure or use of information obtained under the Act by specified persons is an offence with a fine of $20,000 (s 33). The regulations may prescribe penalties not exceeding $10,000 for regulatory offences (s 37(2)(c)).

Penalties for unpaid levies and recovery: If a levy amount remains unpaid after its due date, a penalty amount calculated at a rate prescribed in regulations is payable to the chief executive officer on the unpaid portion, calculated from the time it became payable (s 18(1)-(2)). The chief executive officer may recover a levy and any penalty in a court of competent jurisdiction (s 19). The Act does not itself set a specific percentage for the late payment penalty, it delegates that to the regulations (s 18(1)).

Procedural enforcement powers: Investigators have broad statutory powers for entry and seizure in the course of investigations (s 30). They may enter land or non‑residential premises at any time for auditing records relating to levy payments, gathering evidence of suspected contraventions, or other administration‑relevant purposes (s 30(1)-(2)). On entry, investigators may search, take possession of and remove documents or things, take extracts, copies, downloads or printed material, photograph or film, and require operation of equipment and disclosure of passwords or translations (s 30(3)(a)-(e)). The Act imposes duties on investigators to give receipts for seized items, ensure access to copies of seized material, and to return items within set timeframes depending on whether they relate to prosecutions or other matters (s 30(5)-(8)).

Confidentiality and misuse: The Act places a positive duty of confidentiality on the chief executive officer, the Director, former incumbents, and any person performing functions to not record, disclose or use information obtained under the Act except for authorised purposes or with written consent, with a $20,000 penalty for breach (s 33). That obligation may be material for participants disclosing commercially sensitive information under s 28, and for the DES office controlling access to assessment data.

Parliamentary disallowance: A levy notice, once published, is subject to parliamentary disallowance procedures. If a Levy Notice is disallowed by either House, the disallowed notice and any assessments under it have no effect, and the previous levy notice is taken to be the notice for the year with amounts adjusted by the March CPI change, and overpayments must be repaid (s 15(5)). Disallowance triggers a statutory repayment obligation to affected payers and a requirement for the chief executive officer to act on the modified previous notice (s 15(5)(a)-(c), (d)).

Enforcement incentives and limits: Enforcement rests mainly on fines, seizure and civil recovery. There is no express criminal imprisonment penalty in the Act for these contraventions; the penalties are monetary. The Act permits delegation of enforcement functions by the chief executive officer to departmental officers (s 34), which affects how enforcement action is resourced and executed.

Cross‑references to licensing and institutional statutes: The Act defines "energy industry participant" by reference to licence categories under the Electricity Industry Act 2004 and the Energy Coordination Act 1994, to supply authorities under the Electricity Act 1945, and to distributors of liquefied petroleum gas and exempt persons under those Acts (s 3(1)(a)-(h)). Therefore, the scope of levy liability depends on the licensing definitions and exemptions established in those Acts. Any change to license classes or exemptions in those statutes will affect levy coverage unless regulations are adopted to adjust it under s 3(1)(i).

Levy mechanism separate but linked to other legislation: The Act defines the levy as determined under s 14 and imposed under the Energy Safety Levy Act 2006 (s 3(1), s 14). The Energy Safety Levy Act 2006 (a separate statute) administers the imposition and legal mechanics of collecting the levy; the current Act provides the policy, planning and assessment architecture. Understanding levy obligations therefore requires reading both statutes together.

Financial Management Act connection: The Energy Safety Account is created as an agency special purpose account under the Financial Management Act 2006 s 16 (s 26(1)). That designation subjects the account to the Financial Management Act regime, including appropriation and reporting obligations under that Act. Payments from the account for administration, collection costs and repayments are expressly authorised by s 27.

Regulatory and administrative connections: The Act confers powers on the Director of Energy Safety in relation to functions under the Energy Coordination Act 1994 (s 13). The Director’s duties under the Energy Coordination Act and the Department’s statutory framework under the Public Sector Management Act 1994 are linked to obligations created here, for example the requirement that the Director act in accordance with the statement of intent unless the Minister authorises otherwise (s 13).

Census and Statistics Act reference for CPI: The fallback adjustment when a levy notice is disallowed uses a March CPI index number published under the Commonwealth Census and Statistics Act 1905, so the disallowance formula directly depends on an external Commonwealth statistical series (s 15(8), s 15(5)(b)).

Evidence, procedure and tribunal review: The Act channels administrative review to the State Administrative Tribunal for disputes about objections and refusal to extend time (ss 21-22). That interaction invokes the SAT’s statutory procedures and review powers, and may bring in civil procedure rules applicable to administrative law matters.

Licensing fees and older Acts: The Act credits to the Energy Safety Account fees paid for licences under the Electricity Act 1945 and the Gas Standards Act 1972 (s 26(3)(c)). If those fee regimes change under separate amendment, receipts to the Energy Safety Account will change accordingly.

Regulatory drafting power: Section 37 enables regulations to prescribe the procedure for assessing and collecting a levy and to determine how information is furnished for ascertaining whether a person is an energy industry participant (s 37(2)(a)-(b)). The regulations may thus fill operational gaps not specified in the Act, including the late payment penalty rate referenced in s 18.

Parliamentary oversight and procedural rules: The requirement to lay business plans and levy notices before Parliament (s 11(2), s 15(1)) creates an interface with parliamentary practice governed by s 36 where Houses may not be sitting. The disallowance mechanism in s 15 brings the levy determination within a parliamentary check, and s 15 sets out the procedural timing for laying and disallowance.

The Act as compiled contains three entries in the compilation table showing enactment and two later amendments. The original Act, Energy Safety Act 2006, No. 24 of 2006, received assent on 21 June 2006 and commenced on 28 June 2006 as per the compilation table. The Financial Legislation Amendment and Repeal Act 2006 (No. 77 of 2006) amended the Act with a commencement on 1 February 2007 and is recorded in the compilation table as having amended section 26, where subsection (2) was deleted (see annotation to s 26). The Directors’ Liability Reform Act 2023 (No. 9 of 2023), Part 3 Division 23, is shown as having assent on 4 April 2023 and commencement on 5 April 2023, with the compilation table noting that section 35 was deleted by that 2023 Act, reflected in the main text where s 35 is marked deleted. The compilation table is the source for these amendments and their commencement dates.

Textual amendments in the Act itself: Section 26(2) is marked as deleted under the note, which indicates a change to the account provisions effected by the 2006 Financial Legislation Amendment and Repeal Act, and section 35 is listed as deleted by the Directors’ Liability Reform Act 2023. The Act’s Notes also indicate that s 26 was amended by No. 77 of 2006 s 17. No other explicit amendments or historical variants are annotated in the provided text.

Limitations in the compilation information: The compilation table in the source provides the statutory instrument identifiers, assent dates and commencement dates, but it does not include the specific textual changes beyond the deletions noted. It does not provide an exhaustive amendment history prior to 2006, as the Act originated in 2006. Any subsequent amendments apart from the 2006 and 2023 instruments would be recorded in an up to date parliamentary compilation; the source text only shows those two named amending Acts.

Implications of amendment entries: The deletion of s 26(2) and s 35 suggests the Act’s account provisions and a particular miscellaneous provision were refined post‑enactment. The 2023 deletion of s 35 aligns with the Directors’ Liability Reform Act 2023, which, by its title, indicates a broader consolidation of directors’ liability provisions, but the source does not specify any substantive replacements or consequential amendments beyond the deletion. Users should consult the consolidated statute and the amending Acts to see full text changes, particularly if they rely on the deleted provisions for compliance or transitional rights.

No other statutory repeal or supersession is recorded within the supplied compilation table. The Act continues to cross‑reference several older laws for licensing and fees, and those cross‑references remain in force as shown in the text.

The Act text supplied contains no references to judicial or tribunal decisions applying, interpreting, or construing its provisions. The source does not name any cases, nor does it include annotations of litigation. The only adjudicative mechanism explicitly provided is administrative review by the State Administrative Tribunal for decisions on objections to assessments and for decisions refusing to extend time for objections (s 21-22). That creates a statutory pathway for judicial or tribunal review, but the text does not record any outcomes from such reviews.

Practical consequence for research: Because the Act text does not include reported decisions, a researcher seeking litigation history must consult external legal databases, tribunal records and court reports to find cases that have considered s 14 determinations, s 16 assessments, investigatory powers under s 30, confidentiality obligations under s 33, or enforcement and recovery actions under ss 18-19. The Act itself establishes procedural avenues for disputes to be litigated or reviewed, but the text does not disclose whether or how often those rights have been exercised or the legal arguments that have been advanced.

Tribunal procedure and potential grounds for litigation: The Act permits SAT to consider grounds and reasons beyond those in the initial objection, subject to procedural fairness (s 23). Litigation or review could therefore engage principles of administrative law, statutory interpretation of "energy industry participant" definitions, proper exercise of investigatory powers, adequacy of reasons provided by the chief executive officer under s 20(6), and the legal effect of parliamentary disallowance on levy notices (s 15). However, absent reported decisions in the provided source, no specific judicial lines of authority are available within the Act text itself.

Recommended approach for practitioners: For advice or litigation planning, obtain search results from Westlaw AU, AustLII, Jade, or tribunal records to locate any SAT or court decisions referencing the Energy Safety Act 2006. Pay particular attention to cases involving disputes about levy calculation methods, the scope of investigatory powers (especially demands for passwords and operation of equipment under s 30(3)(e)), confidentiality breaches under s 33, and the application of the disallowance fallback formula in s 15(5)(b). The statutory framework is designed to be administratively enforceable, but the text does not show how those powers have been judicially reviewed in practice.

Parliamentary disallowance and the statutory fallback: If a levy notice is disallowed by either House of Parliament, the Act directs that the previous levy notice is to be taken as the levy notice for the year with amounts adjusted by the percentage change in the March CPI (s 15(5)(b)-(c)). That produces a concrete exposure for payers: assessments issued under a disallowed notice are of no effect (s 15(5)(a)), but overpayments must be repaid (s 15(5)(d)). Energy industry participants should note they may be assessed and pay under a notice that Parliament subsequently disallows, triggering administrative repayment processes and potentially interim cash flow impacts.

Obligation to pay despite objection: The Act explicitly states that lodging an objection does not suspend the obligation to pay the levy pending determination (s 24). Practically, assessed participants must manage cash flow to pay amounts while pursuing objections or SAT review; recovery for overpayments occurs only after objection or review succeeds (s 25). The possibility of paying and then later seeking a refund is a material compliance cost and requires planning.

Broad definition of "energy industry participant": The statutory definition covers various licence holders, exempted persons under older Acts, supply authorities and LPG distributors, and allows regulations to prescribe additional persons or classes (s 3(1)). The inclusion of exempted persons and a catch‑all regulation headroom can create uncertainty about whether a specific unlicensed or exempt operator is liable. Entities should monitor regulations and correspondence from the chief executive officer determining liability under s 16.

Investigators’ password and equipment powers: Investigators may require persons to operate or allow operation of equipment, and to provide any translation, code, password or other information necessary to access or interpret documents or information (s 30(3)(e)(iv)-(v)). This is a potent practical obligation for IT professionals and contractors. Compliance may raise security, privacy and contractual issues, and potential tensions with encryption key or access obligations under other statutory regimes.

Non‑residential premises language for entry powers: Investigators’ entry powers are confined to land or non‑residential premises (s 30(2)), which means investigators do not have an express right under s 30 to enter private residences. However, premises that mix residential and commercial uses may raise factual questions about where investigator powers apply. Clarify premises classification when planning for an inspection.

High fines for information non‑compliance and obstruction: Failure to provide required information, obstructing an investigator, and providing false or misleading information each attract fines up to $20,000 (ss 28(6), 30(4), 31-32). These are significant penalties and apply on a strict statutory basis, so timely responses and evidence‑based replies are important.

Confidentiality duties with wide coverage: The confidentiality prohibition in s 33 applies to the chief executive officer, past incumbents, the Director, former Directors, and any person performing functions under the Act, and extends to information obtained properly or improperly. The Act allows disclosure only for performing functions, as required by law, or with written consent (s 33). Organisations providing commercially sensitive data should obtain clear written statements of use, limited disclosure clauses, and consider consent processes.

Publication prohibition on draft business plans: A draft business plan or part of it must not be published or made available without the Minister’s prior approval (s 10). This restriction affects external consultation strategies and public disclosure plans. It also delays market signalling about anticipated levy changes until the plan is approved and tabled (s 11).

Ministerial direction and executive control of DES activities: The Minister may direct modifications and the Director of Energy Safety must act in accordance with the statement of intent unless authorised otherwise by the Minister in writing (s 9, s 12, s 13). That establishes executive influence over operational priorities, which can create unpredictability for regulated participants seeking consistent regulatory practice.

Delegation limitations: The chief executive officer may delegate powers to departmental officers but delegates cannot further subdelegate (s 34(3)). This has administrative consequences for task allocation and may concentrate decision sign‑off responsibilities at particular levels within the department.

Regulatory detail remains to be prescribed: The Act leaves key operational elements to regulations, including penalties for some regulatory offences (s 37), the procedure for assessing and collecting levies (s 37(2)(b)), and the late payment penalty rate (s 18(1)). Until these regulations are examined, practical compliance details such as calculation timing, instalment mechanics, and the exact interest or penalty rate remain unspecified in the principal Act.

Energy Safety Levy Act 2006 dependency: The definition of levy in s 3(1) references the Energy Safety Levy Act 2006. The mechanics of legally imposing and collecting levies are therefore split between statutes, and practitioners must examine the Levy Act alongside this Act to understand full liability, assessment and collection mechanisms.

Monitor statutory timetable and Gazette notices: Energy industry participants should monitor the Government Gazette for the annual levy notice published by the Minister (s 14(1)). The first notice must be published on or before the start of the next financial year and each subsequent notice on or before 15 May (s 14(2)). The levy notice is made by reference to the business plan that covers the financial year (s 14(3)). Knowing the publication date is critical to meet the chief executive officer’s assessment timetable under s 16 and to ensure objections are lodged within 42 days (s 20(2)(a)).

Maintain accurate records for levy assessment and potential audits: The Director may require relevant information about generating capacity and sites served, and investigators may audit records relating to levy payments (s 28(1), s 30(1)(a)). Maintain contemporary, accessible records on generating capacity, meter reads, customer sites, licence status and exemptions, and financial data that will underpin any levy calculation. Ensure records are stored in a format permitting authorised extraction, printing or secure electronic download, as investigators may make copies, downloads or printed extracts (s 30(3)(c)).

Prepare to respond to information requests within reasonable timeframes: When the Director issues a requirement under s 28, the person must be given reasonable time to comply and the time must be specified if the requirement is by notice (s 28(4)). If an oral response is required, the Director may seek oral answers (s 28(2)(a)). Businesses should designate a contact point for such notices, a records custodian, and an internal process to verify and produce requested materials promptly. Consider the use of statutory declarations for verification when the Director requests verification (s 28(5)).

Manage objection and review timelines proactively: If an assessment is issued, review it immediately and, if there is an asserted error in liability or amount, object in writing within 42 days (s 20(2)). Objections must set out fully and in detail the grounds of objection (s 20(2)(c)). If the chief executive officer denies or only partially allows the objection, the assessed person has 42 days to apply to the State Administrative Tribunal for review (s 21). Maintain internal legal diary dates to guard against missed procedural deadlines. If seeking an extension of time to object, apply early in writing to the chief executive officer as the Act allows extension in writing where the chief executive officer thinks fit (s 20(4)).

Continue paying amounts while disputing liability: Objections do not suspend the obligation to pay the levy pending determination (s 24). Budget for payment even while pursuing review, and maintain documentation to support a claim for repayment if the objection or review succeeds (s 25). The Energy Safety Account must be credited with levy receipts and is able to repay overpayments under s 27(c).

Protect electronic systems and access credentials: Investigators may require operation of equipment and disclosure of passwords or translations necessary to access material (s 30(3)(e)(iv)-(v)). Organisations should prepare a secure protocol for granting investigator access that preserves chain of custody, documents what is provided, and minimises security risks. Consider documenting the legal basis for providing any credentials and ensure compliance with any contractual or statutory privacy obligations before disclosure. Seek legal advice promptly if a request appears to conflict with other law.

Control confidentiality exposures: When supplying commercially sensitive or customer data under s 28, manage confidentiality through written requests that identify the purpose and scope of the information request. The Act prohibits unauthorised disclosure by public officers (s 33), but regulated participants should require that any consent to disclose or data sharing be in writing and record the terms of disclosure. If data include personal information, confirm compliance with privacy legislation in parallel.

Prepare for possible inspections of non‑residential premises: Investigators may enter non‑residential premises at any time to carry out investigations (s 30(2)). If your business operates premises with non‑residential areas, establish an internal protocol for dealing with investigator entry: designate a liaison, collect documents that may be requested, ensure that visitors are accompanied, and obtain receipts for any items seized (s 30(5)). Request written confirmation of the investigator’s designation and identification card (s 29(2)-(3)).

Engage with the business plan process where possible: While a draft business plan cannot be published without Ministerial approval (s 10), the business plan contains the statement of intent, financial plan and levy proposals (s 6). Seek engagement through official consultation channels in the department, respond to consultation invitations if any, and maintain awareness of the five year forecast in the statement of intent (s 7(2)) to anticipate medium term levy and activity plans.

Check licence and exemption status continuously: Because levy liability follows licence categories and exemptions under multiple Acts (s 3(1)), review your licence status under the Electricity Industry Act 2004, the Energy Coordination Act 1994, the Electricity Act 1945 and the Gas Standards Act 1972, and any regulations that may add classes of participants. If you rely on an exemption from a licence, keep documentary proof of the exemption to support objections under s 20.

Use legal representation for objections and SAT reviews: The Act permits objections to be made by the legal representative of the assessed person (s 20(3)). Given the technical nature of levy formulas and the financial exposure of paying while disputing, consider engaging legal and accounting advisors to prepare objections with detailed grounds, calculations and supporting evidence.

Audit compliance and internal training: Train staff about investigatory powers, evidence preservation, confidentiality obligations and the requirement to produce information. Maintain an audit trail of information provided to the Director or investigators, ensure returns are made in compliance with any regulations, and establish a governance check before providing encryption keys or passwords.

Review regulations and the Energy Safety Levy Act 2006: Because key enforcement mechanisms and procedural details are delegated to regulations, and the levy imposition is administratively effected under the separate Energy Safety Levy Act 2006, review those instruments to obtain the precise penalty rates, instalment mechanics, assessment methodologies and any procedural templates for notices of assessment.