The New Energy Tech Consumer Code 3

Have your say on proposed amendments to the NETCC

The New Energy Tech Consumer Code (NETCC, the Code) is authorised by the Australian Competition and Consumer Commission (ACCC) as an industry standard for delivering new energy technology services and products.

The Code has been in operation since early 2023 and the ACCC authorisation is due for renewal in late 2025. The process to re-authorise the Code includes the opportunity for minor amendments that make requirements clearer for retailers and consumers, ahead of a fuller review due in 2026.

Feedback is invited from NETCC Signatories, industry and consumer representatives and those involved in applying or relying on the Code to help identify unforeseen challenges that may arise from these proposed amendments.

How to participate

1. Review the NETCC Consultation Paper and the eight key themes to guide you in compiling your response via the questionnaire form (even if you find there are no challenges you’d like to flag – this will be important feedback from you too)

2. Refer to the Proposed Amendments for ACCC Re-authorisation document, which is based on the current Code document and includes the proposed changes in a blue mark-up for you to follow

3. Where useful, refer to the current Code document

4. Compile your response via the questionnaire form and submit by 5pm AEST Wednesday 26 September 2024 (all responses must be provided via this form, other submissions will not be accepted)

Feedback that falls outside the scope of this consultation will be noted and used to inform the formal review due in 2026.

Start the questionnaire

About the NETCC program

The NETCC program was designed by peak industry and consumer bodies to set minimum standards for the delivery of new energy technology products and services in Australia including rooftop solar, home batteries, EV chargers and more. The program aims to raise standards of consumer protection, strengthen consumer confidence and encourage innovation and choice for consumers. The Code currently covers a range of new energy technologies for small-scale customers (residential and small business) and includes products and support services the deliver solar, wind, hydro, microgrids, power systems and energy management products.

The program is governed by the NETCC Council, comprising representatives from peak energy industry and consumer bodies. The program is administered by the Clean Energy Council with compliance and enforcement of the Code overseen by the NETCC Monitoring and Compliance Panel.


Proposed amendments for ACCC re-authorisation

Amendments being proposed at this stage are based on queries raised by Signatories to the Administrator in the regular application of the Code’s requirements.

Feedback is being sought on potential impacts that could arise from these administrative changes, falling under the following eight themes (details for each are shown in the questionnaire form and at the end of this document):

  • Overall commitments: Broadening the scope of existing advertising commitments to incorporate all claims and statements by providers.
  • Clarifying information provided to customers: Providing clearer information in clauses that have been flagged as unclear or difficult to apply.
  • Refund and contract termination: Create consistency across the Code regarding the way refunds and contract termination are explained.
  • Documenting variations: Requiring suppliers to document variations prior to installation.
  • Types of provision or supply: Clarifying that the terms ‘provider’ and ‘supplier’ refer to a broad range of services and products.
  • Responsibility for costs: Providing more specific information about the requirements in relation to strata title buildings.
  • Terms and conditions for Signatories: Providing additional information to improve clarity on Signatory eligibility and compliance.
  • New and amended definitions: Providing further clarity on terms such as ‘performance’ and ‘supplier’.

What we are not consulting on

Along with the eight key themes being consulted on, a range of document corrections and flow improvements will be made. These changes have already been incorporated into the Proposed Amendments for ACCC Re-authorisation document. These changes are not highlighted for your review and include:

  • Typographical corrections
  • Sections moved to another section without resulting in material change
  • Clause numbers that may have changed due to new or amended information

As the Code has only been in operation for 18 months changes proposed at this time are aimed at making requirements clearer for retailers and consumers. There will be opportunity to provide broader feedback during the formal review due in 2026.

Timeline

After the consultation closes on 26 September, we will review all feedback and incorporate relevant suggestions into the final amendments submitted to the ACCC. Updates on the process and further opportunities for engagement will be shared via our website.

  • 29 August 2024: Online survey opens.
  • 26 September 2024, 5pm: Deadline for feedback submission.
  • 9 October 2024: NETCC Council considers and incorporates relevant feedback.
  • 28 October 2024: Feedback report shared with responders and stakeholders.
  • January 2025: ACCC consultation commences.
  • March 2025: Formal amendments and re-authorisation are submitted to the ACCC.
  • September 2025: Re-authorisation decision is announced.

Thank you for your participation and commitment to maintaining high standards in the new energy tech industry. For more information, please contact us at [email protected].