Energy Market Reform Bulletin No.44: AER Powers and Civil Penalty Regime Consultation

Publication date: Wednesday, 30th May 2018.

At its meeting in November 2017, the COAG Energy Council agreed to progress the following recommendations from the 2013 Review of Enforcement Regimes under the National Energy Laws (the Review):

  • amending the national energy laws to give the AER the power to compel individuals to appear before it and give evidence (recommendation 13)

  • conducting a targeted review of whether additional provisions of the national energy laws or subordinate instruments should attract the highest maximum civil penalty amount (recommendation 5).

The Energy Council’s Senior Committee of Officials has released this consultation paper seeking stakeholder input on these issues. Stakeholders are invited to provide written submissions on the consultation paper by close of business Friday 29 June 2018. For more information, please view the latest Energy Market Reform Bulletin below.

A teleconference on this project will be held on Monday 18 June 2018, 10am-12pm (AEST). If you wish to participate, please register your interest by email to the Energy Council email address below by close of business Thursday 14 June 2018. Dial-in details for the teleconference will be sent to all participants on Friday 15 June.

All stakeholder submissions will be published on the COAG Energy Council website unless stakeholders have clearly indicated that a submission should remain confidential, either in whole or in part. Electronic submissions are preferred and can be sent to the Energy Council Secretariat at

Those who wish to provide hard copies by post may do so by addressing their submissions to:

COAG Energy Council Secretariat
Department of the Environment and Energy
GPO Box 787
Canberra ACT 2601



The consultation period has now closed. The COAG Energy Council Secretariat received 19 submissions in response to the consultation paper, and more than 30 parties participated in the 18 June 2018 teleconference. All submissions have been reviewed and are now published on the Energy Council website.

Council Priority Issue