The Australian Competition and Consumer Commission (ACCC) has issued a final determination granting a conditional exemption for the New Energy Tech Consumer Code. This Code sets minimum standards for how suppliers of new energy technology products and services, such as solar systems, batteries, electric vehicle chargers, and virtual power plants, interact with consumers.

The Code is administered by the Clean Energy Council and is a voluntary industry code. The ACCC's authorisation is necessary because the Code involves competing businesses agreeing to common rules and standards, which could potentially breach Australia’s competition laws.

ACCC Commissioner Philip Williams noted that while the Code provides some public benefit, its advantages are limited due to issues such as the absence of independent dispute resolution, reliance on self-reported audits, and a lack of transparency regarding breaches. These findings align with the ACCC’s recent calls for broader reforms in consumer protection within the energy sector.

The ACCC has imposed conditions on the Code, requiring equal representation of consumers and industry on the compliance panel and regular public reporting on the Code's operations. The ACCC has granted a conditional authorisation for five years and has also extended the current Code for an additional three months to facilitate the transition to the amended Code.

The New Energy Tech Consumer Code, which commenced in 2023, has over 2,300 signatories and replaces the previous Solar Retailer Code of Conduct. An independent review has recently provided recommendations to guide the next phase of the Code.