The AER published minor amendments to the AER Compulsory Notice Guidelines, to reflect changes required under the Statutes Amendment (National Energy Laws) (Wholesale Market Monitoring) Act 2024 (the Act).

The Act came into effect on 8 May 2024 and altered the AER’s information gathering powers under section 28 of the NEL and section 42 of the NGL, to take into account the AER’s new wholesale market monitoring and reporting functions. 

The updated Guidelines now reflect changes required by the Act, including that:

• The AER cannot use its general information gathering powers in respect of relevant agreements that ceased to have effect before 8 May 2019
• The AER is to report annually on the number of compulsory notices issued under section 28 of the NEL and section 42 of the NGL for the purposes of the AER’s wholesale gas markets monitoring and reporting functions
• All information obtained under a compulsory notice is to be treated as confidential, and
• Parties to agreements who are not a Registered Participant or Wholesale Gas Market Participant can request for the redaction of information that would identify them.

The updated Guidelines were effective immediately.