Competition and Consumer (Price Inquiry—Electricity) Direction 2025

Competition and Consumer (Price Inquiry—Electricity) Direction 2025

made under the Competition and Consumer Act 2010

Compilation No. 1

Compilation date: 25 June 2026

Includes amendments: Competition and Consumer (Price Inquiry—Electricity) Amendment (Inquiry Extension) Direction 2026

Prepared by The Treasury

About this compilation

This compilation

This is a compilation of the Competition and Consumer (Price Inquiry—Electricity) Direction 2025 that shows the text of the law as amended and in force on 25 June 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

Part 2—Price inquiry into electricity

5 Commission to hold an inquiry

6 Directions on matters to be taken into consideration in the inquiry

7 Directions as to holding the inquiry

8 Period for completing the inquiry

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Competition and Consumer (Price Inquiry—Electricity) Direction 2025.

3  Authority

  This instrument is made under the Competition and Consumer Act 2010.

4  Definitions

Note: Expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.

  In this instrument:

exempt supply has the meaning given by subsection 95A(1) of the Act.

goods has the meaning given by subsection 95A(1) of the Act.

inquiry has the meaning given by subsection 95A(1) of the Act.

national electricity market has the same meaning as in the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force at the commencement of this instrument.

person has the meaning given by subsection 95A(1) of the Act.

price has the meaning given by subsection 95A(1) of the Act.

services has the meaning given by subsection 95A(1) of the Act.

State or Territory authority has the meaning given by subsection 95A(1) of the Act.

supply has the meaning given by subsection 95A(1) of the Act.

the Act means the Competition and Consumer Act 2010.

Part 2—Price inquiry into electricity

5  Commission to hold an inquiry

 (1) Under subsection 95H(1) of the Act, the Commission is required to hold an inquiry into the supply of electricity in the national electricity market.

 (2) For the purposes of subsection 95J(1) of the Act, the inquiry is to be held in relation to the supply of goods that are electricity.

 (3) Subsection (1) does not authorise the holding of an inquiry into a supply of a good or service:

 (a) that is an exempt supply; or

 (b) by a State or Territory.

 (4) Under subsection 95J(2), the inquiry is not to be held in relation to the supply of electricity by a particular person or persons.

6  Directions on matters to be taken into consideration in the inquiry

  Under subsection 95J(6) of the Act, the Commission is directed to take into consideration all of the following matters in holding the inquiry:

 (a) electricity prices in the national electricity market, including:

 (i) prices offered to consumers and variations to those prices; and

 (ii) analysis of the impact of wholesale prices on retail prices;

 (b) wholesale market prices and relevant contributing factors, including:

 (i) bidding behaviour of electricity generators for the sale of electricity into the wholesale market; and

 (ii) any other relevant factors;

 (c) margins and profits of electricity generators and retailers and relevant factors contributing to those margins and profits;

 (d) impact of policy changes in the national electricity market.

7  Directions as to holding the inquiry

  Under subsection 95J(6) of the Act, the Commission in holding the inquiry is directed to:

 (a) make use of publicly available information, including any relevant information published by:

 (i) Australian Energy Regulator; and

 (ii) Australian Energy Market Commission; and

 (iii) Australian Energy Market Operator; and

 (b) give the Treasurer an interim report by 31 December 2025; and

 (ba) give the Treasurer a second interim report by 31 December 2026; and

 (c) where appropriate, make recommendations to the Treasurer to take any proportional and targeted action considered necessary to remedy any failure by market participants (or the market as a whole) to deliver competitive and efficient electricity prices for customers.

8  Period for completing the inquiry

  For the purposes of subsections 95K(1) and (3) of the Act, the period for completion of the inquiry is extended, and the inquiry is required to be completed, and a report on the matter of the inquiry given to the Treasurer, by no later than 30 June 2027.

Note: The inquiry was previously required to be completed by 30 June 2026. The date for the completion of the inquiry was extended by the Competition and Consumer (Price Inquiry—Electricity) Amendment (Inquiry Extension) Direction 2026.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history