ACCC proposes to authorise solar retailer code of conduct

The Australian Competition and Consumer Commission (ACCC) has proposed to grant reauthorisation for five years to the Clean Energy Council for its revised Solar Retailer Code of Conduct.

The code is a voluntary system that solar retailers can sign up to in order to meet best practice standards that helps ensure consumer protection.

“Household solar panels are a significant purchase for consumers,” ACCC Deputy Chair Delia Rickard said.

“It is important to ensure that industry participants continue to strive to improve standards of practice. Doing so will increase consumer confidence, enable consumers to make better decisions and enhance compliance as the industry grows.”

Rickard also said due to the evolving nature of the solar panel market, different business models continue to emerge.

“While this could lead to greater confusion for customers, signatories to the code will be required to provide important information to consumers about the nature of the agreement they are entering into,” Rickard explained.

The ACCC is seeking submissions from interested parties in relation to its draft determination before making a final decision. Submissions are due by 17 August 2015.

Authorisation provides statutory protection from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010. Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.

Depending on how power purchase agreements are structured, where such agreements require consumers to buy services from a particular third-party energy retailer, this may breach the third-line forcing provisions of the Competition and Consumer Act, unless businesses first notify the ACCC.

Further information about exclusive dealing notifications is available at: Guide to exclusive dealing notifications; or for more information about the application for authorisation, visit Clean Energy Council Limited - Revocation and Substitution - A91495 & A91496.