NGER penalties are enforced by the Clean Energy Regulator through civil penalties, infringement notices and, for a narrower set of conduct, criminal penalties.
Key points
- Civil penalties cover registration, reporting, record-keeping and audit failures
- Penalties can accrue for each day of non-compliance
- Infringement notices range from 12 penalty units to one-fifth of the maximum
- One penalty unit is $364 from 1 July 2026
- Criminal penalties apply to dishonest conduct and unlawful disclosure
Civil penalties
A civil penalty is a pecuniary penalty imposed by a court in civil proceedings. It is not a criminal conviction. Civil penalty provisions cover failures to meet registration, reporting, record-keeping and auditing requirements, including:
- failing to apply for registration after meeting a threshold (section 12)
- failing to provide a compliant report (section 19)
- contraventions by a registered corporation (section 22(1))
- providing false or misleading information to the Regulator (section 71(4))
- contraventions relating to audit requirements (sections 73A to 74C)
Ongoing failure to comply is a contravention in its own right under section 30, and civil penalties for failing to register and report can accrue for each day of non-compliance. Obligations do not expire. In certain circumstances an executive officer can also be liable where the company has contravened a civil penalty provision. Section 31 sets out the factors a court considers in deciding the amount.
Infringement notices
The Regulator can issue infringement notices for breaches of civil penalty provisions. The amount can range from 12 penalty units to one-fifth of the maximum penalty a court could impose for the contravention. From 1 July 2026, one penalty unit is $364.
Criminal penalties
Criminal offences generally relate to dishonest or fraudulent conduct, or conduct that could cause significant harm to the scheme. They include unlawful disclosure of greenhouse and energy information or audit information, which carries up to 2 years’ imprisonment or 120 penalty units, or both. Criminal Code offences also apply to false or misleading information or documents given to the Regulator.
Current enforcement focus
For 2025-26 the Regulator has said that extensions are not available, that late or non-compliant reporting will result in penalties including infringement notices, and that reporters previously told of issues should expect additional scrutiny. It publishes the names of late reporters.
References & sources
Primary regulatory documents and authoritative references underpinning this answer.