Tribunal may Not addressed. QCA may waive Commission may Regulator may Not addressed. ACCC may waive Waivers DNSP waiver DNSP’s grant waiver from grant waiver at TNSP’s ring-fencing from provision of obligations fencing request of obligations if guidelines upon if satisfied that cost obligations if distributor of any satisfied that the request and after of complying satisfied that the obligation under benefit to the public considering outweighs benefit benefit or likely guidelines after is outweighed by the factors including or likely benefit to benefit of undertaking administrative cost costs of public. QCA to ask compliance will be consultation to the TNSP of compliance, for and consider outweighed by process and if compliance. DNSP’s ability to any submissions it administrative cost satisfied that costs achieve receives. to Distribution of compliance DNSP must DNSP must DNSP must DNSP must ensure DNSP must ensure DNSP must ensure TNSP must ensure Physical economies of Licensee. outweigh benefits. ensure that the ensure office ensure that its that any marketing that of that units that its marketing scale, the effect and offices from space is marketing are staff involved in the business providing marketing or staff are not also of the waiver on functional which DNSP physically not also staff of a DNSP’s licensed or marketing providing servants/consultants competition, and separation staff provide separate from related business. business are not regulated distribution of an associate that after public specified that of related also involved in a distribution services and units takes part in a consultation (if services are businesses. related business; services operate within retail related business, or relevant). separate from and any operations independently and business operate that its DNSP must the offices from staff involved in have separate independently and servants/consultants ensure that which DNSP both the DNSP’s work areas from have separate are marketing staff operational staff staff provide licensed business parts of business work areas with of an associate that involved in contestable and a related providing access controls takes part in a providing services. business are contestable that prevent staff of related business. commercially shared between services. Also, either unit entering sensitive the two businesses DNSP must ensure into work area of services (such on a non- that its employees other unit. Also, as customer discriminatory are not staff of DNSP staff must
Waivers Tribunal may DNSP waiver from provision of guidelines upon request and after considering factors including costs of compliance, DNSP’s ability to achieve economies of scale, the effect of the waiver on competition, and after public consultation (if relevant). Not addressed. QCA may waive DNSP’s obligations if satisfied that cost of complying outweighs benefit or likely benefit to public. QCA to ask for and consider any submissions it receives. Commission may grant waiver from fencing obligations if satisfied that the benefit or likely benefit of compliance will be outweighed by administrative cost to Distribution Licensee. Regulator may grant waiver at request of distributor of any obligation under guidelines after undertaking consultation process and if satisfied that costs of compliance outweigh benefits. Not addressed. ACCC may waive TNSP’s ring-fencing obligations if satisfied that the benefit to the public is outweighed by the administrative cost to the TNSP of compliance. Physical and functional separation DNSP must ensure that the offices from which DNSP staff provide specified services are separate from the offices from which DNSP staff provide contestable services. DNSP must ensure office space is physically separate from that of related businesses. DNSP must ensure that operational staff involved in providing commercially sensitive services (such as customer DNSP must ensure that its marketing are not also staff of a related business. DNSP must ensure that any marketing staff involved in the DNSP’s licensed business are not also involved in a related business; and any operations staff involved in both the DNSP’s licensed business and a related business are shared between the two businesses on a non- discriminatory DNSP must ensure that of business providing or marketing regulated distribution services operate independently and have separate work areas from parts of business providing contestable services. Also, DNSP must ensure that its employees are not staff of DNSP must ensure that units marketing or providing distribution services and units within retail business operate independently and have separate work areas with access controls that prevent staff of either unit entering into work area of other unit. Also, DNSP staff must TNSP must ensure that its marketing staff are not also servants/consultants of an associate that takes part in a related business, or that its servants/consultants are marketing staff of an associate that takes part in a related business.
AER%20ring%20fencing%20guideline%20-%20preliminary%20positions%20paper%20-%20April%202016_0.DOCX