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Exemptions

New Energy Tech is an emerging sector with new products and services being developed all the time. The New Energy Tech Consumer Code is designed to cover these developments but there are still cases where certain standards may not be suitable for certain products and services.

Broad, class exemptions exist for low-cost products for example. Approved Sellers can apply for individual exemptions to certain standards below. Approved Sellers may continue to use the Approved Seller badge when offering exempt services and products without meeting the relevant standards of the NETCC.

Class exemptions

Currently the only class exemptions under the NETCC are for simple, low-cost or off-the-shelf products or services priced below $199. Approved Sellers can sell these products or services without obligation to meet the standards of the NETCC.

Individual exemptions

If your business offers a product or service which falls under the definition of a NET product or service (see below) but you believe should be exempt from meeting one or more standards under the NETCC, you can apply for an exemption here.

Definition of a NET product or service

New Energy Tech are:

a. small-scale (in-home or small business) products and systems that generate, store or trade energy away from Australia’s main transmission and distribution Energy Networks or as distributed energy resources connected to an Energy Network
b. services that support or are closely related to those products and systems
c. products, systems and services that monitor or manage a Customer’s usage of energy whether on or off an Energy Network
d. any other product, system and service that the Administrator is satisfied is appropriately within this Code.

The term does not, however, include simple, low cost or off-the-shelf New Energy Tech that are within a class exemption made by the Administrator in accordance with paragraph A17 of the Annexure – Code Administration.

Examples of New Energy Tech are:

e. distributed energy resources owned by or leased to the Customer that are connected to an Energy Network for supplementary supply such as solar photovoltaic systems, wind turbines, hydro and bioenergy generators
f. a microgrid that may be connected or fully isolated from the Energy Network
g. a power system for a single Customer, whether or not the Customer is also connected to an Energy Network
h. energy management products, systems and services supplied to a Customer including home energy management systems and services, battery and other storage products, systems and services
i. programs aimed at stabilising the supply of energy including by paying Customers an incentive to reduce their usage during critical peak periods or by shutting down or restricting the power consumption of Customer appliances during critical peak periods
j. a Power Purchase Agreement
k. person to person energy trading systems and services
l. electric vehicle charging services
m. suppliers of repair, maintenance and removal services for New Energy Tech products and systems.

These examples are not intended to limit the scope of the definition. Rather the term has been defined to accommodate new products and services as they enter the Australian market where the nature, complexity and cost is such that the Code protections are appropriate.

Apply for an individual exemption below