Victorian Current Acts Victorian Current Acts(1) This section applies on and after the commencement of section 22 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 .
(2) Without limiting the definition of civil penalty requirement in section 3, the following provisions of the Energy Retail Code are civil penalty requirements for the purposes of this Act—
(a) clauses 16(4), 57(1), 76(1), 80(3), 81(2), (5) and (6) and 83(1);
(b) clauses 24(1), 55, 56(1) and 86(1), (2) and (3);
(c) clauses 30(2)(a), (b), (c) and (d), 31(1), (2) and (3), 82(2) and (3), 89(1)(d), 91(1) and 94(2), (3), (4), (5), (7) and (8);
(d) clauses 25(1)(e), 65(5) and 87(1) and (5);
(e) clauses 3D(1), 65(2), 68(1) and (2) and 87(2).
(3) Without limiting the definition of civil penalty requirement in section 3, the following requirements are civil penalty requirements for the purposes of this Act—
(a) an energy licensee must comply with clause 89(1)(b) of the Energy Retail Code by providing information that a residential customer is entitled to under clause 80(1) of the Energy Retail Code;
(b) an energy licensee must comply with clause 89(1)(b) of the Energy Retail Code by contacting a residential customer and providing the information that the residential customer is entitled to under clause 80(2) of the Energy Retail Code;
(c) an energy licensee must comply with clause 89(1)(c) of the Energy Retail Code by providing the tailored assistance that the customer is entitled to under clause 79(2) of the Energy Retail Code;
(d) an energy licensee must comply with clause 89(1)(c) of the Energy Retail Code by providing the tailored assistance that the customer is entitled to under clause 79(3) of the Energy Retail Code;
(e) if an energy 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, that contract must comply with clause 94(6) of the Energy Retail Code by making Centrepay available as a payment option;
(f) if an energy licensee creates a record under clause 3D(1)(a) of the Energy Retail Code, the record must be in the format and include the information required by clause 3D(2) of the Energy Retail Code.
(4) Words and expressions used in the Energy Retail Code and in subsection (3) have the same respective meanings in that subsection as they have in the Energy Retail Code.
(5) If the court makes a contravention order against a person in respect of a civil penalty requirement set out in subsection (2) or (3), the court may order the person to pay a civil penalty under section 54(1) of an amount not exceeding an amount equal to 1200 penalty units.
(6) If the Commission serves a penalty notice in respect of a civil penalty requirement set out in subsection (2) or (3), despite section 54T(2) , the notice penalty for the contravention is—
(a) for a civil penalty requirement set out in subsection (2)(a) or (3)(a), (b), (c) or (d), an amount equal to 200 penalty units; and
(b) for a civil penalty requirement set out in subsection (2)(b), an amount equal to 56 penalty units; and
(c) for a civil penalty requirement set out in subsection (2)(c) or (3)(e), an amount equal to 84 penalty units; and
(d) for a civil penalty requirement set out in subsection (2)(d), an amount equal to 42 penalty units; and
(e) for a civil penalty requirement set out in subsection (2)(e) or (3)(f), an amount equal to 28 penalty units.
(7) If the Energy Retail Code is revoked, the civil penalty requirements set out in subsections (2) and (3) cease to be civil penalty requirements on the day on which the Energy Retail Code is revoked.
(8) The Commission, or a person authorised by the Commission, must not make an application for a contravention order against a person in relation to a civil penalty requirement set out in subsection (2) or (3) unless the person against whom the order is sought is an energy licensee.
(9) The Commission must not serve a penalty notice on a person in respect of a civil penalty requirement set out in subsection (2) or (3) unless the person is an energy licensee.
(10) This section is repealed on 31 December 2025.
(11) In this section—
"Energy Retail Code" means the document entitled "Energy Retail Code" published by the Commission in August 2004, as amended from time to time, and taken to be a Code of Practice under section 76(1)(f).
New s. 78 inserted by No. 41/2021 s. 39.