Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Definitions 2 5 Energy industry contraventions 3 6 Lesser energy industry penalties prescribed for contraventions—Table 3 4 7 Lesser energy industry penalties prescribed for contraventions—Table 6 4 8 Lesser energy industry penalties prescribed for contraventions—Table 7 4 9 Lesser energy industry penalties prescribed for contraventions—Table 8 4 10 Lesser energy industry penalties prescribed for contraventions—Table 9 5 11 Lesser energy industry penalties prescribed for contraventions—Table 10 5 Schedule 1—Prescribed licence conditions and circumstances 7 ═══════════════ -- 1 of 19 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 48/2016 Essential Services Commission Act 2001 Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 The Governor in Council makes the following Regulations: Dated: 24 May 2016 Responsible Minister: ROBIN SCOTT Minister for Finance ANDREW ROBINSON Clerk of the Executive Council 1 Objectives The objectives of these Regulations are— (a) to prescribe conditions and circumstances for the purposes of the definition of energy industry contravention in section 54F of the Essential Services Commission Act 2001; and (b) to prescribe lesser amounts of energy industry penalties for the purposes of section 54I(1) of the Essential Services Commission Act 2001 in respect of certain energy industry contraventions; and (c) to prescribe any other matter required, permitted or necessary to be prescribed under the Essential Services Commission Act 2001. -- 2 of 19 -- Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 65 of the Essential Services Commission Act 2001. 3 Commencement These Regulations come into operation on 1 June 2016. 4 Definitions In these Regulations— AMI Tariffs Order means the Order made under section 46D of the Electricity Industry Act 2000 published in the Victoria Government Gazette S216 on 19 June 2013; Electricity Distribution Code means the document entitled "Electricity Distribution Code" published and amended from time to time by the Commission; electricity distribution licence means a licence issued under Part 2 of the Electricity Industry Act 2000 to distribute or supply electricity; electricity retail licence means a licence issued under Part 2 of the Electricity Industry Act 2000 to sell electricity; energy industry contravention has the meaning given by section 54F of the Act; energy industry penalty means the penalty specified under section 54I(1) of the Act; gas distribution licence means a licence issued under Part 3 of the Gas Industry Act 2001 to provide services by means of a distribution pipeline; -- 3 of 19 -- Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 3 Authorised by the Chief Parliamentary Counsel Gas Distribution System Code means the document entitled "Gas Distribution System Code" published and amended from time to time by the Commission; gas retail licence means a licence issued under Part 3 of the Gas Industry Act 2001 to sell gas by retail; relevant customer— (a) in relation to an electricity retail licence, has the same meaning as in that licence; (b) in relation to a gas retail licence, has the same meaning as in that licence; the Act means the Essential Services Commission Act 2001. 5 Energy industry contraventions For the purposes of the definition of energy industry contravention in section 54F of the Act— (a) a prescribed condition of an energy licence is a condition specified in column 2 of Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 or 11 in Schedule 1; (b) the prescribed circumstance for a prescribed condition of an energy licence is the circumstance specified for that licence condition in column 3 of Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 or 11 in Schedule 1. Note Section 54I(1) of the Act provides that the amount of an energy industry penalty for an energy industry contravention is $20 000 unless a lesser amount is prescribed. Regulations 6 to 11 prescribe lesser amounts for certain energy industry contraventions. -- 4 of 19 -- Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 4 Authorised by the Chief Parliamentary Counsel 6 Lesser energy industry penalties prescribed for contraventions—Table 3 For the purposes of section 54I(1) of the Act, $10 000 is the prescribed amount for an energy industry contravention set out in Table 3 in Schedule 1. 7 Lesser energy industry penalties prescribed for contraventions—Table 6 For the purposes of section 54I(1) of the Act, $15 000 is the prescribed amount for an energy industry contravention set out in Table 6 in Schedule 1. 8 Lesser energy industry penalties prescribed for contraventions—Table 7 For the purposes of section 54I(1) of the Act, the following amounts are prescribed for an energy industry contravention of the licence conditions set out in column 2 of items 1, 2 and 3 in Table 7 in Schedule 1— (a) in the circumstances set out in paragraph (a) in column 3 of those items—$10 000; (b) in the circumstances set out in paragraph (b) in column 3 of those items—$7500. 9 Lesser energy industry penalties prescribed for contraventions—Table 8 For the purposes of section 54I(1) of the Act, $10 000 is the prescribed amount for an energy industry contravention set out in Table 8 in Schedule 1. -- 5 of 19 -- Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 5 Authorised by the Chief Parliamentary Counsel 10 Lesser energy industry penalties prescribed for contraventions—Table 9 For the purposes of section 54I(1) of the Act, the following amounts are prescribed— (a) for an energy industry contravention of the licence condition set out in column 2 of item 1 in Table 9 in Schedule 1— (i) in the circumstances set out in paragraphs (a) and (c) in column 3 of that item in that Table—$10 000; (ii) in the circumstances set out in paragraphs (b) and (d) in column 3 of that item in that Table—$5000. (b) for an energy industry contravention set out in items 2, 3, 4, 5, 6, 7 and 8 in Table 9 in Schedule 1—$10 000. 11 Lesser energy industry penalties prescribed for contraventions—Table 10 For the purposes of section 54I(1) of the Act, the following amounts are prescribed— (a) for an energy industry contravention of the licence condition set out in column 2 of item 1 in Table 10 in Schedule 1— (i) in the circumstances set out in paragraphs (a), (b), (d) and (e) in column 3 of that item—$5000; (ii) in the circumstances set out in paragraph (c) in column 3 of that item—$7500; (b) for an energy industry contravention of the licence condition set out in item 2 in Table 10 in Schedule 1—$5000; -- 6 of 19 -- Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 6 Authorised by the Chief Parliamentary Counsel (c) for an energy industry contravention of the licence condition set out in column 2 of items 3 and 4 in Table 10 in Schedule 1— (i) in the circumstances set out in paragraphs (a), (b), (c), (e) and (f) in column 3 of those items—$5000; (ii) in the circumstances set out in paragraph (d) in column 3 of those items—$7500. -- 7 of 19 -- Schedule 1—Prescribed licence conditions and circumstances Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 7 Authorised by the Chief Parliamentary Counsel Schedule 1—Prescribed licence conditions and circumstances Table 1—Energy industry contraventions relating to payment difficulties Column 1 Column 2 Column 3 Item Licence Condition Circumstance 1 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. The licensee fails to comply with— (a) clause 33(1) of the Energy Retail Code; or (b) clause 72(2) of the Energy Retail Code; or (c) clause 72(3) of the Energy Retail Code by failing to consider a reasonable request from a business customer for a payment plan; or (d) clause 71B(1) of the Energy Retail Code by not providing a residential customer in financial hardship with equitable access to the options covered by its customer hardship policy appropriate to the customer's individual circumstances. 2 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. The licensee offers and applies a payment plan under clause 33(1) of the Energy Retail Code, but the plan does not comply with clause 72(1)(a) of the Energy Retail Code or does not include an offer described in clause 72(1)(b) of the Energy Retail Code. 3 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference— (a) clause 33(1) of the Energy Retail Code; or -- 8 of 19 -- Schedule 1—Prescribed licence conditions and circumstances Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 8 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Item Licence Condition Circumstance (b) clause 72(1) of the Energy Retail Code; or (c) clause 72(2) of the Energy Retail Code; or (d) that part of clause 72(3) of the Energy Retail Code that requires the licensee to consider a reasonable request from a business customer for a payment plan; or (e) that part of clause 71B(1) of the Energy Retail Code that requires the licensee to provide a relevant customer who is a residential customer in financial hardship with equitable access to the options covered by its customer hardship policy appropriate to the customer's individual circumstances. 4 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by— (a) clause 33(1) of the Energy Retail Code; or (b) clause 72(1) of the Energy Retail Code; or (c) clause 72(2) of the Energy Retail Code; or (d) that part of clause 72(3) of the Energy Retail Code that requires the licensee to consider a reasonable request from a business customer for a payment plan; or -- 9 of 19 -- Schedule 1—Prescribed licence conditions and circumstances Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 9 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Item Licence Condition Circumstance (e) that part of clause 71B(1) of the Energy Retail Code that requires the licensee to provide a relevant customer who is a residential customer in financial hardship with equitable access to the options covered by its customer hardship policy appropriate to the customer's individual circumstances. Table 2—Energy industry contraventions relating to life support customers Column 1 Column 2 Column 3 Item Licence Condition Circumstance 1 An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. The licensee fails to comply with clause 5.6.1(c) of the Electricity Distribution Code. 2 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. The licensee fails to comply with— (a) clause 124(1)(a) of the Energy Retail Code; or (b) clause 124(1)(b) of the Energy Retail Code; or (c) clause 124(1)(c) of the Energy Retail Code; or (d) clause 124(1)(e) of the Energy Retail Code. 3 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference— (a) clause 124(1)(a) of the Energy Retail Code; or (b) clause 124(1)(b) of the Energy Retail Code; or -- 10 of 19 -- Schedule 1—Prescribed licence conditions and circumstances Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 10 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Item Licence Condition Circumstance (c) clause 124(1)(c) of the Energy Retail Code. (d) clause 124(1)(e) of the Energy Retail Code. 4 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by— (a) clause 124(1)(a) of the Energy Retail Code; or (b) clause 124(1)(b) of the Energy Retail Code; or (c) clause 124(1)(c) of the Energy Retail Code; or (d) clause 124(1)(e) of the Energy Retail Code. Table 3—Energy industry contraventions relating to access to interpreters or translators Column 1 Column 2 Column 3 Item Licence Condition Circumstance 1 An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. The licensee fails to comply with clause 9.1.12 of the Electricity Distribution Code. 2 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. The licensee fails to comply with clause 55 of the Energy Retail Code. -- 11 of 19 -- Schedule 1—Prescribed licence conditions and circumstances Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 11 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Item Licence Condition Circumstance 3 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference clause 55 of the Energy Retail Code. 4 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by clause 55 of the Energy Retail Code. Table 4—Energy industry contraventions relating to explicit informed consent Column 1 Column 2 Column 3 Item Licence Condition Circumstance 1 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. The licensee fails to comply with clause 57(1) of the Energy Retail Code. 2 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. The licensee fails to comply with clause 16(4) of the Energy Retail Code. -- 12 of 19 -- Schedule 1—Prescribed licence conditions and circumstances Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 12 Authorised by the Chief Parliamentary Counsel Table 5—Energy industry contraventions relating to exit fees Column 1 Column 2 Column 3 Item Licence Condition Circumstance 1 An electricity retail licence condition deemed under section 40D(1AA) of the Electricity Industry Act 2000. The licensee fails to comply with section 40D(1AA) of the Electricity Industry Act 2000. 2 A gas retail licence condition deemed under section 48C(1AA) of the Gas Industry Act 2001. The licensee fails to comply with section 48C(1AA) of the Gas Industry Act 2001. Table 6—Energy industry contraventions relating to undercharging or overcharging of customers Column 1 Column 2 Column 3 Item Licence Condition Circumstance 1 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. The licensee fails to comply with— (a) clause 30(2)(a) of the Energy Retail Code; or (b) clause 30(2)(b) of the Energy Retail Code; or (c) clause 30(2)(c) of the Energy Retail Code; or (d) clause 30(2)(d) of the Energy Retail Code; or (e) clause 31(1) of the Energy Retail Code; or (f) clause 31(2) of the Energy Retail Code; or (g) clause 31(3) of the Energy Retail Code. 2 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference— (a) clause 30(2)(a) of the Energy Retail Code; or -- 13 of 19 -- Schedule 1—Prescribed licence conditions and circumstances Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 13 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Item Licence Condition Circumstance (b) clause 30(2)(b) of the Energy Retail Code; or (c) clause 30(2)(c) of the Energy Retail Code; or (d) clause 30(2)(d) of the Energy Retail Code; or (e) clause 31(1) of the Energy Retail Code; or (f) clause 31(2) of the Energy Retail Code; or (g) clause 31(3) of the Energy Retail Code. 3 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by— (a) clause 30(2)(a) of the Energy Retail Code; or (b) clause 30(2)(b) of the Energy Retail Code; or (c) clause 30(2)(c) of the Energy Retail Code; or (d) clause 30(2)(d) of the Energy Retail Code; or (e) clause 31(1) of the Energy Retail Code; or (f) clause 31(2) of the Energy Retail Code; or (g) clause 31(3) of the Energy Retail Code. -- 14 of 19 -- Schedule 1—Prescribed licence conditions and circumstances Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 14 Authorised by the Chief Parliamentary Counsel Table 7—Energy industry contraventions relating to energy bills Column 1 Column 2 Column 3 Item Licence Condition Circumstance 1 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. The licensee fails to comply with— (a) clause 24(1) of the Energy Retail Code; or (b) clause 25(1)(e) of the Energy Retail Code. 2 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference— (a) clause 24(1) of the Energy Retail Code; or (b) clause 25(1)(e) of the Energy Retail Code. 3 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by— (a) clause 24(1) of the Energy Retail Code; or (b) clause 25(1)(e) of the Energy Retail Code. Table 8—Energy industry contraventions relating to guaranteed service levels and interruptions to energy supply Column 1 Column 2 Column 3 Item Licence Condition Circumstance 1 An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. The licensee fails to comply with clause 5.5.1 of the Electricity Distribution Code. -- 15 of 19 -- Schedule 1—Prescribed licence conditions and circumstances Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 15 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Item Licence Condition Circumstance 2 An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. The licensee fails to comply with clause 6.2 of the Electricity Distribution Code. 3 An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. The licensee fails to comply with clause 6.3.1 of the Electricity Distribution Code. 4 An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. The licensee fails to comply with clause 6.3.2 of the Electricity Distribution Code. 5 An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. The licensee fails to comply with clause 6.4 of the Electricity Distribution Code by failing to pay an amount referred to in clause 6.2 as soon as practicable or by failing to pay an amount referred to in clause 6.3 as soon as practicable following the end of the year in which the obligation arises under clause 6.3. 6 A gas distribution licence condition requiring the licensee to comply with the Gas Distribution System Code. The licensee fails to comply with clause 2.2(b) of the Gas Distribution System Code. Table 9—Energy industry contraventions relating to the price comparator website Column 1 Column 2 Column 3 Item Licence Condition Circumstance 1 An electricity retail licence or electricity distribution licence condition deemed under section 46C of the Electricity Industry Act 2000. The licensee fails to comply with— (a) clause 11(3)(a) of the AMI Tariffs Order; or (b) clause 11(3)(b) of the AMI Tariffs Order; or (c) clause 11(4) of the AMI Tariffs Order; or -- 16 of 19 -- Schedule 1—Prescribed licence conditions and circumstances Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 16 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Item Licence Condition Circumstance (d) clause 11(5) of the AMI Tariffs Order. 2 An electricity retail licence condition deemed under section 46C of the Electricity Industry Act 2000. The licensee fails to comply with— (a) clause 12(1) of the AMI Tariffs Order; or (b) clause 12(2)(a) of the AMI Tariffs Order; or (c) clause 12(2)(b) of the AMI Tariffs Order. 3 An electricity retail licence condition deemed under section 35A of the Electricity Industry Act 2000. The licensee fails to comply with section 35A(a) of the Electricity Industry Act 2000. 4 An electricity retail licence condition deemed under section 36A(1) of the Electricity Industry Act 2000. The licensee fails to comply with section 36A(1)(b) of the Electricity Industry Act 2000. 5 A gas retail licence condition deemed under section 42A of the Gas Industry Act 2001. The licensee fails to comply with section 42A(a) of the Gas Industry Act 2001. 6 A gas retail licence condition deemed under section 43A(1) of the Gas Industry Act 2001. The licensee fails to comply with section 43A(1)(b) of the Gas Industry Act 2001. 7 An electricity retail licence condition deemed under section 40G(1) of Electricity Industry Act 2000. The licensee fails to comply with section 40G(1)(b) of the Electricity Industry Act 2000. 8 An electricity retail licence condition requiring the licensee to comply with all applicable laws. The licensee fails to comply with section 40MAA(2) of the Electricity Industry Act 2000. -- 17 of 19 -- Schedule 1—Prescribed licence conditions and circumstances Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 17 Authorised by the Chief Parliamentary Counsel Table 10—Energy industry contraventions relating to record keeping Column 1 Column 2 Column 3 Item Licence Condition Circumstance 1 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. The licensee fails to comply with— (a) clause 3D(1) of the Energy Retail Code; or (b) clause 65(2) of the Energy Retail Code; or (c) clause 65(5) of the Energy Retail Code; or (d) clause 68(1) of the Energy Retail Code; or (e) clause 68(2) of the Energy Retail Code. 2 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. The licensee creates a record under clause 3D(1)(a) of the Energy Retail Code but the record is not in the format or does not include the information required by clause 3D(2) of the Energy Retail Code. 3 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference— (a) clause 3D(1) of the Energy Retail Code; or (b) clause 3D(2) of the Energy Retail Code; or (c) clause 65(2) of the Energy Retail Code; or (d) clause 65(5) of the Energy Retail Code; or (e) clause 68(1) of the Energy Retail Code; or (f) clause 68(2) of the Energy Retail Code. -- 18 of 19 -- Schedule 1—Prescribed licence conditions and circumstances Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 S.R. No. 48/2016 18 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Item Licence Condition Circumstance 4 An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by— (a) clause 3D(1) of the Energy Retail Code; or (b) clause 3D(2) of the Energy Retail Code; or (c) clause 65(2) of the Energy Retail Code; or (d) clause 65(5) of the Energy Retail Code; or (e) clause 68(1) of the Energy Retail Code; or (f) clause 68(2) of the Energy Retail Code. Table 11—Energy industry contraventions relating to access to offers for renewable energy customers Column 1 Column 2 Column 3 Item Licence Condition Circumstance 1 An electricity retail licence condition deemed under section 23C(1) of the Electricity Industry Act 2000. The licensee fails to comply with section 23C(1) of the Electricity Industry Act 2000. ═══════════════ -- 19 of 19 --