Competition and Consumer (Price Inquiry – Electricity) Instrument 2025

The Australian Competition and Consumer Commission, makes the following notifiable instrument.

Dated 24 September 2025.

Gina Cass-Gottlieb Chair

Contents

Part 1—Preliminary 1

1.    Name....................................................1
2.    Commencement..............................................1
3.    Authority..................................................1
4.    Definitions.................................................1

Part 2—Price inquiry into electricity 3

1.    Commission to hold an inquiry.....................................3
2.    Directions on matters to be taken into consideration in the inquiry................3
3.    Directions as to holding the inquiry..................................3
4.    Period for completing the inquiry....................................4
5.    Commencement of inquiry........................................4

Part 1—Preliminary

1    Name

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

2    Commencement

(1)    Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)    Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

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:

1.     electricity prices in the national electricity market, including:
   1.     prices offered to consumers and variations to those prices; and
   2.     analysis of the impact of wholesale prices on retail prices; and
2.     wholesale market prices and relevant contributing factors, including:
   1.     bidding behaviour of electricity generators for the sale of electricity into the wholesale market; and
   2.     any other relevant factors;
3.     margins and profits of electricity generators and retailers and relevant factors contributing to those margins and profits;
4.     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 is directed to:

1.     make use of publicly available information, including any relevant information published by:
   1.     Australian Energy Regulator; and
   2.     Australian Energy Market Commission; and
   3.       Australian Energy Market Operator; and
2.     give the Treasurer an interim report by 31 December 2025; and
3.     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 subsection 95K(1) of the Act, 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 2026.

9    Commencement of inquiry

The commencement date of the inquiry is 30 August 2025 at the office of the Commission, Level 27, 135 King Street, Sydney NSW 2000.