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The ACCC has granted a conditional exemption for the New Energy Tech Consumer Code, a voluntary industry code that sets minimum standards for how suppliers of solar systems, batteries, electric vehicle chargers and virtual power plants deal with consumers.
The Code is administered by the Clean Energy Council and currently has more than 2,300 signatories. It commenced in 2023 as a replacement for the Solar Retailer Code of Conduct.
Because the Code involves competing businesses agreeing to common rules and standards, it requires ACCC authorisation to avoid potential breaches of Australia’s competition laws. The ACCC has no role in developing, administering or enforcing the Code itself.
The regulator found the Code does deliver public benefit but identified limitations in its current form.
ACCC Commissioner, Philip Williams, noted that the Code’s benefits are constrained by structural gaps.
“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,” Dr Williams remarked.
Conditions Attached To Authorisation
The ACCC has imposed conditions on the exemption, requiring equal consumer and industry representation on the Code’s compliance panel and regular public reporting on how the Code is operating.
The authorisation has been granted for five years. The current version of the Code has been authorised for an additional three months to allow time for the transition to the amended Code.
An independent review was recently completed, providing 10 recommendations to guide the next phase of the Code.
Consumer Protection Concerns
Dr Williams pointed to the complexity of the products covered by the Code as a factor in the ACCC’s assessment.
“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,” he explained.
The ACCC’s findings align with the regulator’s broader push for reforms in the energy sector. Dr Williams noted the assessment is consistent with the ACCC’s call for an overarching consumer duty supported by energy-specific protections and the extension of Energy Ombuds scheme jurisdiction to cover new energy products and services.
Last Updated on August 29, 2026 by Nick Ross
