FAQs

New energy tech refers to small-scale (residential or small business) products and systems that generate, store or trade energy away from Australia’s main transmission and distribution energy networks, or that serve as distributed energy resources connected to an energy network. New energy tech also encompasses those services that support or are closely related to these products and systems.

Examples of new energy tech include, but are not limited to, solar photovoltaic (PV) systems, wind turbines, hydro and bioenergy generators, microgrids, energy managements products, energy storage products, power purchase agreements (PPAs) and electric vehicle charging services.

The New Energy Tech Consumer Code (NETCC) sets a minimum standard of service for customers looking to purchase New Energy Tech products, systems and services.

New Energy Tech providers who have been approved by the Code Administrator as a NETCC Signatory are bound to comply with this Code when providing New Energy Tech to their customers.

The NETCC has been authorised by the Australian Competition and Consumer Commission (ACCC) and seeks to raise consumer protection standards in the renewable energy sector, strengthen consumer confidence when purchasing New Energy Tech, and encourage innovation within the industry.

A New Energy Tech Approved Seller, or simply Approved Seller, is a business that provides new energy tech products, systems and services to residential and small-business customers and that has successfully demonstrated to the Code Administrator that they have the processes and procedures in place to ensure ongoing compliance with the standards outlined by the NETCC.

To remain on the program, Approved Sellers are required to uphold the standards of the NETCC in all their interactions with consumers.

The NETCC program is governed by a Council of representatives from key industry and consumer protection bodies. This includes representatives from the Australian Energy Council, Clean Energy Council, Public Interest Advocacy Centre, Energy Consumers Australia, Energy Networks Australia, Renew and Consumer Action Law Centre.

The Clean Energy Council has been appointed as the Administrator and Steward of the NETCC. A Code Monitoring and Compliance Panel (to be appointed) will oversee the administration of the NETCC program, as well as oversee the monitoring, compliance and enforcement of the NETCC.

The Clean Energy Council (CEC) has been appointed by the NETCC Council as the Administrator and Steward of the NETCC program. As the Administrator, the CEC is responsible for the day-to-day operations of the NETCC program.

The NETCC program is not equipped to offer dispute resolution services to consumers. Approved Sellers must follow the complaints handling principles outlined in the Code.

The Administrator will investigate allegations of non-compliance made against Approved Sellers in accordance with the NETCC compliance procedure. Where allegations are substantiated and within jurisdiction, the appropriate compliance action may be taken by the Administrator. Decisions of the Administrator may be appealed to the independent Code Monitoring and Compliance Panel.

The purchase of new energy tech products, systems and services can be a complex and confusing experience for consumers. The NETCC program seeks to provide consumers with clarity and assurance throughout this process.

When purchasing from an Approved Seller, consumers can have confidence that the business they are engaging with is committed to good practice standards surrounding responsible sales and marketing activities, clear and comprehensive quotation and contract material, and exemplary after-sales service. Where a consumer feels that these standards have not been adhered to, the Administrator may investigate their complaint and if substantiated, take the appropriate compliance action.

The NETCC program will also supply a range of Consumer Information Products (CIPs) to provide independent information to consumers that will assist them in navigating New Energy Tech products and in making informed purchases.

In recognition of the program’s benefits to consumers, the Australian Competition and Consumer Commission (ACCC) has granted authorisation to the NETCC for a period of five years. Further information about this authorisation can be found on the ACCC's website.

Yes, as of 1 February 2023 the NETCC program has commenced. Retailers can apply to become an Approved Seller and consumers can find their local Approved Sellers.

After extensive industry consultation, the draft Code was submitted to the Australian Competition and Consumer Commission (ACCC) for authorisation. This application has been published by the ACCC on its public register.

On 5 December 2019, the ACCC granted conditional authorisation of the NETCC until December 2024. Further information about the final determination can be found on the ACCC’s website.

On 30 December 2019, Flexigroup Limited applied to the Australian Competition Tribunal (“the Tribunal”) for a review of the ACCC’s determination on the application for authorisation of the NETCC. You can read more about Flexigroup’s application for review on the Tribunal website.

Following extensive review, the Tribunal made its determination on 15 September 2020. This determination can also be found on the Tribunal website (Application by Flexigroup Limited (No 2) [2020] ACompT 2).

The Tribunal varied the ACCC’s determination and granted conditional authorisation to the NETCC for five years from the date of its determination. The Tribunal’s determination stands in place of the ACCC’s determination.

The Solar Retailer Code of Conduct preceded the New Energy Tech Consumer Code and was a voluntary scheme promoting industry best practice standards for businesses selling solar photovoltaics (PV) to residential and small business consumers.

The NETCC program furthers these consumer protection goals by defining industry good practice surrounding the provision of a range of new energy tech products and services, including solar PV.

Participation in the NETCC program is voluntary. Existing Approved Solar Retailers seeking to join the NETCC program will be assisted to transition to the NETCC from February 2023. This will not require an additional application to be submitted. Find out more here.

All Approved Solar Retailers should be aware that the ACCC authorisation of the Solar Retailer Code of Conduct will expire on 31 July 2023. Approved Solar Retailers that do not wish to transition over to the NETCC should note that their access to existing government programs and tender opportunities which currently require Approved Solar Retailer status may be affected.

Applications to become an Approved Seller are now open. Find out how to apply here.

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Yes. After extensive industry consultation, the draft code was submitted to the Australian Competition and Consumer Commission (ACCC) for authorisation. This application has been published by the ACCC on its public register.

On 5 December 2019, the ACCC granted conditional authorisation of the NETCC until December 2024. Further information about the final determination can be found on the ACCC’s website.

On 30 December 2019, Flexigroup Limited applied to the Australian Competition Tribunal (the Tribunal) for a review of the ACCC’s determination on the application for authorisation of the NETCC. You can read more about Flexigroup’s application for review on the Tribunal website.

Following extensive review, the Tribunal made its determination on 15 September 2020. This determination can also be found on the Tribunal website (Application by Flexigroup Limited (No 2) [2020] ACompT 2).

The Tribunal varied the ACCC’s determination and granted conditional authorisation to the NETCC for five years from the date of its determination. The Tribunal’s determination stands in place of the ACCC’s determination.

The Australian Competition Tribunal (the Tribunal) determined that the New Energy Tech Consumer Code (NETCC) generates public benefits by both reflecting and amplifying existing protections for consumers purchasing new energy tech.

Purchasing new energy tech can sometimes be a complex, expensive purchase for consumers. Due to this complexity, it can be difficult for consumers to know what to expect from their purchasing experience, and their rights if something goes wrong.

The Tribunal stated submitted that the NETCC delivers public benefit by clearly explaining to consumers their rights under the ACL and better defining what these rights mean in relation to their new energy tech purchase. Some examples of where the NETCC clarifies existing consumer rights include through:

• The commitments made by signatories to ensure their advertising is not false or misleading;
• The obligations of signatories surrounding unsolicited sales; and
• The commitments made by NETCC signatories relating to the performance of the new energy tech products, systems or services they provide to customers.

"A public benefit arises from the fact that the laws are restated within a code of conduct that will be publicised and provided to consumers and where the code also commits the suppliers to oversight by an industry body and dispute resolution processes. The Tribunal considers that those elements of an industry code, which are present in the NET Code, generate public benefits because there is likely to be greater compliance with existing laws."

Australian Competition Tribunal Determination, paragraph 278

The NETCC has been designed to sit alongside and amplify existing legal and regulatory protections. It is important to note that there must be clear public benefits in order for the NETCC to be authorised.

The Australian Competition Tribunal (the Tribunal) determined that the NETCC amplifies existing consumer protection laws, to deliver greater consumer protection around New Energy Tech purchases. These additional protections include:

• Requiring Approved Sellers to enquire about the specific circumstances, needs and expectations of their customers, to ensure the products offered are fit for purpose.
• Extending the level of service and disclosures required of signatories at quotation stage e.g., regarding product information, performance estimates, additional charges and pricing information.
• The commitments made by Approved Sellers to ensure their written contracts are clear, legible and use plain language.
• Setting clear expectations surrounding the activation of the new energy tech, including refund provisions if connection is not achieved.
• Termination provisions which include a range of circumstances in which the consumer is eligible for a full refund.

By better defining existing consumer rights, showing how they apply to new energy tech and extending the pre-existing requirements of the Australian Consumer Law, the NETCC program not only assists in lifting industry standards, but creating better-informed, better-protected consumers that have the confidence to invest in the Australian new energy tech sector.