The AER is required by the National Electricity Law (NEL), National Gas Law (NGL) and National Energy Retail Law (NERL) to publish indexed civil and criminal penalty amounts that apply to conduct from 1 July 2023. Indexation occurs every 3 years from that date.
- Indexed civil penalty amounts
- Civil penalties in the case of a natural person
- Civil penalties in the case of a body corporate
- Infringement penalties in the case of a natural person
- Infringement penalties in the case of a body corporate
- Indexed criminal penalty amounts
Indexed civil penalty amounts
Section 2AB of the NEL, section 3A of the NGL and section 4A of the NERL specify the maximum civil penalties for contraventions of civil penalty provisions. Section 76 of the NEL and section 279 of the NGL specify the infringement penalties payable in relation to infringement notices issued under the NEL, NGL and NERL.
Schedule 2 clause 37A of the NEL, schedule 2 clause 47A of the NGL, and section 300A of the NERL provide that the AER must, as soon as practicable after 1 July 2023, publish on its website the civil penalty amounts and infringement penalties that apply on and from the date of adjustment. Regulation 16 of the National Electricity Regulations, regulation 14B of the National Gas Regulations and regulation 12A of the National Energy Retail Regulations set out the formula for indexation. The following tables specify the civil penalty and infringement penalty amounts that apply on and from 1 July 2023, being the date of the adjustment.
For the purposes of this table:
Tier 1 civil penalty provision means a civil penalty provision specified in Part 1 of Schedule 1 to the National Electricity Regulations, Part 1 of Schedule 3 to the National Gas Regulations and Part 1 of Schedule 1 to the National Energy Retail Regulations;
Tier 2 civil penalty provision means a civil penalty provision specified in Part 2 of Schedule 1 to the National Electricity Regulations, Part 2 of Schedule 3 to the National Gas Regulations and Part 2 of Schedule 1 to the National Energy Retail Regulations; and
Tier 3 civil penalty provision means a civil penalty provision specified in Part 3 of Schedule 1 to the National Electricity Regulations, Part 3 of Schedule 3 to the National Gas Regulations and Part 3 of Schedule 1 to the National Energy Retail Regulations.
Civil penalties in the case of a natural person
| Civil penalty specified in… | Amount that applies on and from the date of adjustment | Amount that applied immediately before the first adjustment | Notes |
|---|---|---|---|
| NEL s 2AB(1)(a)(i)(A), NGL s 3A(1)(a)(i)(A) and NERL s 4A(1)(a)(i)(A) | an amount not exceeding $37 500 | an amount not exceeding $33 900 | Applies to breaches of Tier 3 civil penalty provisions |
| NEL s 2AB(1)(a)(i)(B), NGL s 3A(1)(a)(i)(B) and NERL s 4A(1)(a)(i)(B) | an amount not exceeding $3 750 for every day during which the breach continues | an amount not exceeding $3 390 for every day during which the breach continues | |
| NEL s 2AB(1)(b)(i)(A), NGL s 3A(1)(b)(i)(A) and NERL s 4A(1)(b)(i)(A) | an amount not exceeding $317 400 | an amount not exceeding $287 000 | Applies to breaches of Tier 2 civil penalty provisions |
| NEL s 2AB(1)(b)((i)(B), NGL s 3A(1)(b)(i)(B) and NERL s 4A(1)(b)(i)(B) | an amount not exceeding $15 900 for every day during which the breach continues | an amount not exceeding $14 400 for every day during which the breach continues | |
| NEL s 2AB(1)(c)(i), NGL s 3A(1)(c)(i) and NERL s 4A(1)(c)(i) | an amount not exceeding $553 000 | an amount not exceeding $500 000 | Applies to breaches of Tier 1 civil penalty provisions |
Civil penalties in the case of a body corporate
| Civil penalty specified in… | Amount that applies on and from the date of adjustment | Amount that applied immediately before the first adjustment | Notes |
|---|---|---|---|
| NEL s 2AB(1)(a)(ii)(A), NGL s 3A(1)(a)(ii)(A) and NERL s 4A(1)(a)(ii)(A) | an amount not exceeding $188 000 | an amount not exceeding $170 000 | Applies to breaches of Tier 3 civil penalty provisions |
| NEL s 2AB(1)(a)(ii)(B), NGL s 3A(1)(a)(ii)(B) and NERL s4A(1)(a)(ii)(B) | an amount not exceeding $18 800 for every day during which the breach continues | an amount not exceeding $17 000 for every day during which the breach continues | |
| NEL s 2AB(1)(b)(ii)(A), NGL s 3A(1)(b)(ii)(A) and NERL s 4A(1)(b)(ii)(A) | an amount not exceeding $1 587 100 | an amount not exceeding $1 435 000 | Applies to breaches of Tier 2 civil penalty provisions |
| NEL s 2AB(1)(a)(ii)(B), NGL s 3A(1)(a)(ii)(B) and NERL s4A(1)(a)(ii)(B) | an amount not exceeding $79 400 for every day during which the breach continues | an amount not exceeding $71 800 for every day during which the breach continues | |
| NEL s 2AB(1)(c)(ii), NGL s 3A(1)(c)(ii) and NERL s 4A(1(c)(ii) | an amount not exceeding the greater of the following— (A) $11 060 000; (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision. | an amount not exceeding the greater of the following— (A) $10 000 000; (B) if the Court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision that the body corporate, and any body corporate related to the body corporate, has obtained, directly or indirectly—3 times the value of that benefit; (C) if the Court cannot determine the value of the benefit—10% of the annual turnover of the body corporate during the 12-month period ending at the end of the month in which the body corporate breached, or began breaching, the civil penalty provision. | Applies to breaches of Tier 1 civil penalty provisions |
Infringement penalties in the case of a natural person
| Infringement penalty specified in… | Amount that applies on and from the date of adjustment | Amount that applied immediately before the first adjustment | Notes |
|---|---|---|---|
| NEL s 76(1)(a)(i) and NGL s 279(2)(a)(i) | $7 510 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision | $6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision | Applies to breaches of Tier 3 civil penalty provisions |
| NEL s 76(1)(b)(i) and NGL s 279(2)(b)(i) | $15 000 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision | $13 600 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision | Applies to breaches of Tier 1 and 2 civil penalty provisions |
Infringement penalties in the case of a body corporate
| Infringement penalty specified in… | Amount that applies on and from the date of adjustment | Amount that applied immediately before the first adjustment | Notes |
|---|---|---|---|
| NEL s 76(1)(a)(ii) and NGL s 279(2)(a)(ii) | (A) if the AER makes a determination under subsection (2)—$7 510 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; or (B) in any other case—$37 500 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision | (A) if the AER makes a determination under subsection (2)—$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; or (B) in any other case—$33 900 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision | Applies to breaches of Tier 3 civil penalty provisions |
| NEL s 76(1)(b)(ii) and NGL s 279(2)(b)(ii) | $75 000 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision. | $67 800 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision. | Applies to breaches of Tier 1 and 2 civil penalty provisions |
Note: Infringement penalties applicable to alleged breaches of the NERL are set by reference to the NGL – see NERL s 308(2).
Indexed criminal penalty amounts
Various provisions of the NEL, NGL and NERL specify the maximum penalties that may be imposed upon conviction of an offence against those laws. Regulation 16 of the National Electricity Regulations, regulation 14B of the National Gas Regulations and regulation 12A of the National Energy Retail Regulations set out the formula for indexation.
National Electricity Law
The following table specifies the criminal penalty amounts that apply on and from 1 July 2023, being the date of the adjustment, in respect of offences against the National Electricity Law:
| For an offence against | in the case of… | Amount that applies on and from the date of adjustment | Amount that applied immediately before the first adjustment |
|---|---|---|---|
| s 20B | any person | $690 | $620 |
| s 27 | a natural person | $3 760 | $3 400 |
| a body corporate | $18 800 | $17 000 | |
| s 28(3) | a natural person | $6 790 | $6 300 |
| a body corporate | $34 800 | $31 500 | |
| s 28(3a) | any person | $6 970 | $6 300 |
| s 28(4) | a natural person | $6 790 | $6 300 |
| a body corporate | $34 800 | $31 500 | |
| s 28(9b) | any person | $6 790 | $6 300 |
| s 28(18) | any person | $6 790 | $6 300 |
| s 28R | a natural person | $6 790 | $6 300 |
| a body corporate | $34 800 | $31 500 | |
| s 53E | a natural person | $6 790 | $6 300 |
| a body corporate | $34 800 | $31 500 | |
| s 118(1) | a natural person | $37 600 | $34 000 |
| a body corporate | $188 000 | $170 000 | |
| s 118(2) | a natural person | $37 600 | $34 000 |
| a body corporate | $188 000 | $170 000 | |
| s 141(2) | a natural person | $3 760 | $ 3 400 |
| a body corporate | $18 800 | $17 000 | |
| s 143 | any person | $6 790 | $6 300 |
| s 144 | any person | $6 790 | $6 300 |
| s 145 | any person | $6 790 | $6 300 |
National Gas Law
The following table specifies the criminal penalty amounts that apply on and from 1 July 2023, being the date of the adjustment, in respect of offences against the National Gas Law:
| For an offence against | in the case of… | Amount that applies on and from the date of adjustment | Amount that applied immediately before the first adjustment |
|---|---|---|---|
| s 34 | any person | $690 | $620 |
| s 41 | a natural person | $3 760 | $3 400 |
| a body corporate | $18 800 | $17 000 | |
| s 42(3) | a natural person | $6 790 | $6 300 |
| a body corporate | $34 800 | $31 500 | |
| s 42(3a) | any person | $6 790 | $6 300 |
| s 42(4) | a natural person | $6 790 | $6 300 |
| a body corporate | $34 800 | $31 500 | |
| s 42(9b) | any person | $6 790 | $6 300 |
| s 42(18) | any person | $6 790 | $6 300 |
| s 60 | a natural person | $6 970 | $6 300 |
| a body corporate | $34 800 | $31 500 | |
| s 83D | a natural person | $3 760 | $3 400 |
| a body corporate | $18 800 | $17 000 | |
| s 91BC(5) | a natural person | $37 600 | $34 000 |
| a body corporate | $188 000 | $170 000 | |
| s 91BC(6) | any person | $18 800 | $17 000 |
| s 91FE | a natural person | $6 790 | $6 300 |
| a body corporate | $34 800 | $31 500 | |
| s 91FEC | a natural person | $6 790 | $6 300 |
| a body corporate | $34 800 | $31 500 | |
| s 91FEG | a natural person | $6 790 | $6 300 |
| a body corporate | $34 800 | $31 500 | |
| s 91FEI | a natural person | $3 760 | $3 400 |
| a body corporate | $18 800 | $17 000 | |
| s 179(2) | a natural person | $3 760 | $3 400 |
| a body corporate | $18 800 | $17 000 | |
| s 181 | any person | $6 790 | $6 300 |
| s 182 | any person | $6 790 | $6 300 |
| s 183 | any person | $6 790 | $6 300 |
National Energy Retail Law
The following table specifies the criminal penalty amounts that apply on and from 1 July 2023, being the date of the adjustment, in respect of offences against the National Energy Retail Law:
| For an offence against | in the case of… | Amount that applies on and from the date of adjustment | Amount that applied immediately before the first adjustment |
|---|---|---|---|
| s 158 | a natural person | $6 790 | $6 300 |
| a body corporate | $3 1500 | $31 500 | |
| s 206(3) | a natural person | $6 790 | $6 300 |
| a body corporate | $34 800 | $31 500 | |
| s 206(3a) | any person | $6 790 | $6 300 |
| s 206(4) | a natural person | $6 790 | $6 300 |
| a body corporate | $34 800 | $31 500 | |
| s 206(9b) | any person | $6 790 | $6 300 |
| s 206(18) | any person | $6 790 | $6 300 |