Australian Energy Regulator v AGL Sales Pty Limited [2020] FCA 1623

Federal Court of Australia

Australian Energy Regulator v AGL Sales Pty Limited [2020] FCA 1623 File number(s): VID 1219 of 2019

Judgment of: ANDERSON J

Date of judgment: 12 November 2020

Catchwords: ENERGY AND RESOURCES – penalty hearing – failure to submit information as required by s 282 of the National Energy Retail Law – declarations and pecuniary penalties – relevant matters to be considered – admitted contraventions of National Energy Retail Law ENERGY AND RESOURCES – pecuniary penalties – statement of agreed facts and admissions – joint submissions as to quantum of pecuniary penalty – appropriateness of proposed pecuniary penalty Held: Each Respondent paying a pecuniary penalty of $325,000 is appropriate having regard to the particular circumstances of this proceeding

Legislation: Competition and Consumer Act 2010 (Cth), ss 4(1), 44AE, 44AAG(1)(b) Evidence Act 1995 (Cth), s 191 Federal Court of Australia Act 1976 (Cth), s 21 National Energy Retail Law (ACT) Act 2012 (ACT), s 6 National Energy Retail Law (Adoption) Act 2012 (NSW), s 4 National Energy Retail Law (Queensland) Act 2014 (Qld), s 4 National Energy Retail Law (South Australia) Act 2011 (SA), s 4(3) National Energy Retail Law (South Australia) Act 2011 (SA), Schedule, ss 2(1), 4, 15, 272, 282(1), 286, 294, 296, 297 National Energy Retail Rules, rr 166(1), 167(1)

Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113 Australian Competition and Consumer Commission v ABB Transmission and Distribution Limited (No. 2) [2002] FCA 559 Australian Competition and Consumer Commission v ACM Group Ltd (No 3) [2018] FCA 2059 Australian Competition and Consumer Commission v Apple Pty Limited [2012] FCA 646 Australian Competition and Consumer Commission v Australia and New Zealand Banking Group Limited [2016] FCA 1516 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd [1997] FCA 450 Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2016] FCA 453 Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2017] FCAFC 159 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited [2015] FCA 330 Australian Competition and Consumer Commission v EnergyAustralia Pty Ltd [2015] FCA 274 Australian Competition and Consumer Commission v Jetstar Airways Pty Limited (No 2) [2017] FCA 205 Australian Competition and Consumer Commission v Medibank Private Limited [2020] FCA 1030 Australian Competition and Consumer Commission v Pepe's Ducks Ltd [2013] FCA 570 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 4) [2011] FCA 761 Australian Competition and Consumer Commission v Woolworths (South Australia) Pty Ltd (t/a Mac's Liquor) [2003] FCA 530 Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73 Australian Energy Regulator v Snowy Hydro Limited (No 2) [2015] FCA 58 Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited (No 3) [2020] FCA 1421 Australian Securities and Investments Commission v National Australia Bank Limited [2020] FCA 1494 Chief Executive Officer of Australian Transaction Reports and Analysis Centre v TAB Limited (No 3) [2017] FCA 1296 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Construction, Forestry, Mining & Energy Union v Cahill [2010] FCAFC 39 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Global One Mobile Entertainment Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 134 Minister for Environment, Heritage and the Arts v PGP Developments Pty Ltd [2010] FCA 58 Minister for Industry, Tourism and Resources v Mobil Oil Pty Ltd [2004] FCAFC 72 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Ponzio v B & P Caelli Constructions Pty Ltd [2007] FCAFC 65 Postiglione v The Queen (1997) 189 CLR 295 Schneider Electric (Australia) Pty Ltd v Australian Competition and Consumer Commission [2003] FCAFC 2 Trade Practices Commission v CSR Limited [1990] FCA 521