Review of Enforcement Policy
- Project Released: 01 Jun 2012
- Project Closes: 24 Jul 2012
- Contact: Natasha Cheshire
Having regard to the legislative and regulatory changes that impact on the
Commission’s roles and functions, it recently reviewed the terms of its
Enforcement Policy and conducted a period of public consultation.
The Enforcement Policy is now finalised and became effective on 1 July 2012
Current status is Final
Several legislative and regulatory changes have occurred, which have impact
on the Commission’s roles and functions. As a result, the Commission has
reviewed the terms of its Enforcement Policy.
After a period of public consultation, The Commission’s revised Enforcement
Policy became effective from 1 July 2012.
The purpose of the Enforcement Policy is to outline the:
- statutory powers of the Commission relating to enforcement;
- range of available strategies and measures for promoting and facilitating
compliance with the regulatory regime administered by the Commission;
- range of enforcement sanctions available to the Commission in the event of
non-compliance and how and when they should be applied;
- criteria against which enforcement decisions are made to ensure fair,
consistent and proper decision-making; and
- procedures that will be followed by the Commission in the event of an
alleged breach of a statutory obligation.
Since the Enforcement Policy was last updated by the Commission in July
- the Commission’s powers under theBarley Exporting Act 2007 have
- the Water Industry Act 2012 has been passed, conferring economic
regulatory functions on the Commission;
- the Residential Energy Efficiency Scheme Penalty Regime has been given
effect through amendments to the Electricity Act 1996 and the Gas
Act 1997; and
- with the imminent commencement of the National Energy Customer Framework
(NECF), the Commission’s retail licensing function under the Electricity Act
1996 and the Gas Act 1997 will cease.
As a result of the above changes, several administrative amendments were made
to the Enforcement Policy.
The key amendments to the Enforcement Policy included:
- the restructuring and reformatting of the content so that it is more
logical and easier to follow. In particular, certain sections have been
condensed so that the Policy becomes more focussed on the significance that the
Commission attached to compliance and its enforcement processes;
- the removal of reference to the Commission’s powers under theBarley
Exporting Act 2007, which have expired;
- the inclusion of reference to powers under theWater Industry Act
2012, which has been passed conferring certain economic regulatory
functions on the Commission;
- the removal of reference to the Commission’s retail licensing function under
the Electricity Act 1996 and the Gas Act 1997 which will soon
- amendments to the Glossary to reflect the changes made throughout the