Federal Court of Australia
Federal Court of Australia
Australian Energy Regulator v AGL Loy Yang Marketing Pty Ltd [2023] FCA 1299 File number(s): VID 478 of 2023 VID 480 of 2023
Judgment of: BUTTON J
Date of judgment: 30 October 2023
Catchwords: ENERGY AND RESOURCES – electricity – contraventions of cls 4.9.8(a) and (d) of the National Electricity Rules – generators not complying with dispatch instructions of Australian Energy Market Operator (AEMO) – where respondents' trading teams made offers to AEMO for generators to provide contingency services – where respondents' generators were not able to respond to dispatch instructions during the relevant trading intervals – claims for pecuniary penalties – proceedings brought by regulator under s 44AAG of the Competition and Consumer Act 2010 (Cth) – where respondents admitted the contraventions and the parties submitted agreed proposed orders
Legislation: Competition and Consumer Act 2010 (Cth) Pt IIIAA s 44AAG Federal Court of Australia Act 1976 (Cth) s 43 National Electricity (South Australia) Act 1996 (SA) Sch (National Electricity Law) ss 2, 2AA, 49, 64, 67 National Electricity (South Australia) Regulations r 6 National Electricity Rules cls 2.2.6, 2.3.5, 2.9.3, 3.8.7A, 3.11.1, 3.11.2, 4.1.1, 4.2.4, 4.2.6, 4.3.1, 4.9.3A, 4.9.8
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2018) 262 CLR 157 Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 145 ALR 36 Australian Competition and Consumer Commission v Employsure Pty Ltd (No 2) [2021] FCA 1488 Australian Competition and Consumer Commission v Energy Australia Pty Ltd (2014) 234 FCR 343 Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd trading as Bet365 (No 2) [2016] FCA 698 Australian Competition and Consumer Commission v MSY Technology Pty Ltd (2012) 201 FCR 378 Australian Energy Regulator v Hornsdale Power Reserve Pty Ltd [2022] FCA 738 Australian Energy Regulator v Snowy Hydro (No 2) [2015] FCA 58 Australian Securities and Investments Commission v Westpac Banking Corporation (No 3) (2018) 131 ACSR 585; [2018] FCA 1701 Chief Executive Officer, Australian Transaction Reports and Analysis Centre v Westpac Banking Corporation (2020) 148 ACSR 247; [2020] FCA 1538 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076; [1990] FCA 521
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate