Competition and Consumer (Industry Code – Electricity Retail) (Model Annual Usage and Total Annual Prices) Determination 2024

Administered by Department of the Treasury

Legislation au F2024L00570 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Competition and Consumer Act 2010

Competition and Consumer (Industry Code – Electricity Retail) Regulations 2019

Competition and Consumer (Industry Code – Electricity Retail) (Model Annual Usage and Total Annual Prices) Determination 2024

Issued by authority of the Australian Energy Regulator

Purpose and operation

The Australian Competition and Consumer Commission (ACCC) recommended the Australian Energy Regulator (AER) be given power to set maximum standing offer prices for electricity supplied to small customers. It also recommended electricity retailers be required to discount all their offers from a reference price set by the AER. The Competition and Consumer (Industry Code – Electricity Retail) Regulations 2019 (the Regulations) give effect to these recommendations.

Part 2 of the Regulations prescribes a mandatory industry code for the purposes of Part IVB of the Competition and Consumer Act 2010. Under the code:

  • standing offer prices for small customers must not exceed a price determined by the AER
  • small customers must be told how a retailer’s prices compare with the AER-determined annual price
  • the most prominent price-related feature in an advertisement must not be a conditional discount, and any conditions on other discounts must be clearly displayed.

Part 3 of the Regulations confer price setting functions to the AER. Specifically, the AER is required to determine:

  • how much electricity a broadly-representative small customer of a particular type in a particular distribution region would consume in a year and the pattern of that consumption (the model annual usage)
  • a reasonable total annual price for supplying electricity (in accordance with the model annual usage) to small customers of that type in that region (the DMO price).

This Legislative Instrument sets out the AER’s determinations under Part 3 of the Regulations:

  • Clause 5 sets out the AER determined per-customer amount of electricity supplied in specified distribution regions to small customers.
  • Clause 6 sets out the AER determined timing or pattern of the supply of electricity in specified distribution regions to small customers.
  • Clause 7 sets out the AER determined reasonable per-customer annual price for supplying electricity in specified distribution regions to small customers.

The determinations made by the AER under the Legislative Instrument commence on 1 July 2024.

Background

In the final report of its Retail Electricity Pricing Inquiry (REPI), the ACCC noted that standing offers, which were originally intended as a default protection for customers who were not engaged in the market, were unjustifiably high and have been used by retailers as a high-priced benchmark from which their advertised market offers are derived. The ACCC found that the standing offer is no longer working as it was intended and is causing financial harm to customers.

The ACCC recommended that, in non-price regulated jurisdictions, the standing offer and standard retail contract should be abolished and replaced with a default offer. Designated retailers, as defined in the National Energy Retail Law (NERL), should be required to supply electricity to customers under a default offer on request, or in circumstances where the customer otherwise does not take up a market offer.

The ACCC further recommended the AER be given the power to set the maximum price for the default offer in each jurisdiction.

The ACCC noted the default offer price will have two benefits:

  • to act as a cap on the price of standing offers to limit the ‘loyalty tax’ that is levied on disengaged customers.
  • to be used to set a reference bill amount, which all discounts must be calculated from.

This is the sixth annual DMO price determination published by the AER.

Consultation

In making this Legislative Instrument, the AER undertook several steps to consult with affected stakeholders in the market.

  • On 5 October 2023 it published an Issues Paper and received 22 responding submissions.
  • On 24 October 2023 it held workshops with groups of retailers to discuss the Issues Paper.
  • On 27 October 2023 it held an online stakeholder forum attended by approximately 90 stakeholders. Presentations from the forum were published on its website.
  • On 13 February 2024 it published an additional consultation paper on the Net System Load Profile approach and received 12 responding submissions.
  • On 19 March 2024 it published a DMO draft determination and received 16 responding submissions.
  • On 25 March and 26 March 2024 it held workshops with select retailers to discuss methodology outlined in the DMO draft determination.

In addition, the AER held numerous bilateral meetings with a range of stakeholders throughout the process outlined above.

It has had regard to the submissions and information received through consultations and the advice from the consultant in making the determination.

The consultation documents and all public submissions to this process are available on the AER's website DMO 6 page.

 

Statement of Compatibility with Human Rights

This Legislative Instrument has been prepared in accordance with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011: see Appendix A.

 


Appendix A

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Competition and Consumer (Industry Code – Electricity Retail) (Model Annual Usage and Total Annual Prices) Determination 2024

The Determination is compatible with the human rights and freedom recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of legislative instrument

This Legislative Instrument sets out the AER’s determinations under Part 3 of the Competition and Consumer (Industry Code – Electricity Retail) Regulations 2019 (the Regulations). Specifically:

  • Clause 5 sets out the AER determined per-customer amount of electricity supplied in specified distribution regions to small customers.
  • Clause 6 sets out the AER determined timing or pattern of the supply of electricity in specified distribution regions to small customers.
  • Clause 7 sets out the AER determined reasonable per-customer annual price for supplying electricity in specified distribution regions to small customers.

The determinations made by the AER under the Legislative Instrument commence on 1 July 2024.

The Regulations confer price setting functions on the AER.

Human rights implications

The Legislative Instrument is prepared under the Regulations. The Regulations regulate business conduct and do not engage any of the applicable rights or freedoms.

Conclusion

The Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Overview

The Competition and Consumer (Industry Code – Electricity Retail) (Model Annual Usage and Total Annual Prices) Determination 2024, issued by the Australian Energy Regulator (AER), was enacted to address issues arising from the unjustifiably high standing offer prices for electricity supplied to small customers. These high prices, originally intended as a default protection, have been found to cause financial harm to customers. This legislation implements recommendations from the Australian Competition and Consumer Commission (ACCC) to regulate electricity prices more effectively and protect consumers. It provides the AER with the power to set maximum standing offer prices and require retailers to discount their offers from a reference price also set by the AER. The determinations made by the AER, which include setting the model annual usage and the total annual prices for specified distribution regions, are set to commence on 1 July 2024. The AER's determinations are made under the Competition and Consumer (Industry Code – Electricity Retail) Regulations 2019, which give effect to the ACCC's recommendations and establish a mandatory industry code for the retail electricity market. The objective of the legislation is to ensure that small customers are protected from excessive pricing and that electricity retailers provide clear and fair pricing information.

Scope and Application

The Competition and Consumer (Industry Code – Electricity Retail) (Model Annual Usage and Total Annual Prices) Determination 2024 applies to electricity retailers operating within the electricity retail market in Australia. It is a legislative instrument issued by the Australian Energy Regulator (AER) under the Competition and Consumer (Industry Code – Electricity Retail) Regulations 2019, which in turn give effect to the Competition and Consumer Act 2010. The Determination applies to designated electricity retailers who supply electricity to small customers, defined in accordance with the National Energy Retail Law. The geographic reach of the Determination is within the specified distribution regions across Australia, as determined by the AER. The Determination sets out the model annual usage and total annual prices for electricity supplied to small customers, which commence on 1 July 2024. The AER has the authority to set these prices under the Regulations, which also mandate that standing offer prices for small customers must not exceed a price determined by the AER, and require electricity retailers to discount all their offers from a reference price set by the AER. The Determination does not explicitly state any exclusions or exemptions, but the scope of its application is limited to the electricity retail market and the specific requirements outlined in the Regulations. The application of the Determination may be extended or restricted through subordinate instruments issued under the Regulations.

Key Provisions

The key provisions of the Competition and Consumer (Industry Code – Electricity Retail) (Model Annual Usage and Total Annual Prices) Determination 2024 set out the Australian Energy Regulator’s (AER) determinations under the Competition and Consumer (Industry Code – Electricity Retail) Regulations 2019. Specifically, Clause 5 determines the per-customer amount of electricity supplied in specified distribution regions to small customers, Clause 6 outlines the timing or pattern of the supply of electricity in these regions, and Clause 7 sets the reasonable per-customer annual price for supplying electricity to small customers. These determinations will take effect on 1 July 2024. The Regulations impose obligations on the AER to determine these factors, ensuring that the electricity market operates fairly and transparently. The AER must consider the consumption patterns of small customers, as well as the overall cost of supplying electricity in each distribution region. Furthermore, electricity retailers are required to adhere to the prices set by the AER, ensuring that they do not charge more than the determined reasonable per-customer annual price. This obligation extends to providing clear and accurate information to customers about the pricing structure and any discounts offered. Failure to comply with the provisions set out in the Regulations and the Determination may result in legal consequences. For instance, electricity retailers found to be charging prices above the AER-determined levels could face substantial penalties. Under section 232 of the Competition and Consumer Act 2010, the maximum penalty for contravening the provisions of the Act can include fines of up to $10 million for corporations and $1 million for individuals. Additionally, the Australian Competition and Consumer Commission (ACCC) can seek injunctive or other equitable relief, which may include orders to cease and desist from the unlawful conduct. The AER can also impose administrative penalties for non-compliance, which can further compound the financial and reputational damage to the offending party.

Legal classification tags

Area of Law
Competition Law
Consumer Law
Energy Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations
Compliance Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.