The ACCC has issued a final determination granting conditional exemption for the New Energy Tech Consumer Code, which sets minimum standards for how suppliers of new energy technology products and services deal with consumers.
The Code is administered by the Clean Energy Council. It is a voluntary industry code covering products and services such as solar systems, batteries, electric vehicle chargers and virtual power plants.
ACCC authorisation (an exemption from certain competition law provisions) is required because the Code involves competing businesses agreeing to common rules and standards, which could otherwise risk breaching Australia’s competition laws.
The ACCC has no role in developing, administering or enforcing the Code.
“After conducting an assessment, we conclude the Code does provide some public benefit, but its benefits are limited by the lack of independent dispute resolution, reliance on self-reported audits, and lack of transparency around breaches,” ACCC Commissioner Philip Williams said.
“These findings are consistent with the ACCC’s recent call for broader reforms, including an overarching consumer duty supported by energy-specific protections and the extension of Energy Ombuds scheme jurisdiction to include new energy products and services.”
The ACCC has imposed conditions requiring equal consumer and industry representation on the Code’s compliance panel and regular public reporting on how the Code is operating.
“Our role through this authorisation assessment was to assess whether the likely public benefits of the Code outweigh any likely public detriments,” Dr Williams said.
“New energy technology products can be complex, and consumers may find it difficult to compare offers, understand contract terms or resolve problems when they arise.”
The ACCC has granted conditional authorisation for five years. It has also authorised the current Code for a further three months to allow time to transition to the amended Code.
Background
The New Energy Tech Consumer Code is a voluntary industry code covering products and services including solar systems, batteries, electric vehicle chargers and virtual power plants. It commenced in 2023, replacing the Solar Retailer Code of Conduct.
There are currently more than 2,300 signatories to the Code. It is administered by the Clean Energy Council and overseen by the New Energy Tech Consumer Code Council.
An independent review was recently completed, providing 10 recommendations to guide the next phase of the Code.
Since 2018, at the direction of the Australian Government, the ACCC has held an inquiry into the prices, profits and margins in relation to the supply of electricity in the National Electricity Market. The ACCC’s latest inquiry report was published on 10 July 2026.
Note
Australian competition law allows the ACCC to authorise conduct that may otherwise raise competition law concerns when it is satisfied that the likely public benefits outweigh any likely public detriments.
Authorisation provides legal protection for the conduct covered by the authorisation. The ACCC may impose conditions to ensure the legal test continues to be met.
In assessing this application, the ACCC considered submissions from interested parties, the operation of the current Code, the proposed amendments and the recent independent review.
