Exemption granted for New Energy Tech Consumer Code

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 exten...