Examples of breaches to the code
Breaching the Electricity Retail Code can have serious consequences, including penalties and other enforcement action.
Some examples of code breaches are:
- offering standing offer prices above the relevant price or tariff cap set by the Australian Energy Regulator or Default Market Offer
- not providing a comparison to the comparison price set by the Australian Energy Regulator when communicating prices to customers
- using conditional discounts as the main price related element in advertisements
- failing to keep records.
We have previously issued infringement notices for alleged breaches of the Electricity Retail Code against:
The Federal Court also ordered EnergyAustralia to pay $14 million in penalties for:
- failing to provide mandatory information required by the Electricity Retail Code
- making false, misleading or deceptive statements to hundreds of thousands of consumers about electricity prices.
Checking compliance with the code
We regularly check whether retailers are complying with the code.
We can require electricity retailers to provide us with certain information and documents. This helps us understand whether retailers are complying with the code and whether there are compliance issues we need to focus on.
For information about the actions we take, see Industry code compliance checks.
We also use public information to monitor compliance with the code.
Investigating breaches to the code
We can investigate if we think a retailer has breached the code.
One of the ÌÇÐÄÔ´´'s compliance and enforcement priorities is misleading pricing and claims in relation to essential services, with a particular focus on energy.
We may take enforcement action where:
- retailers fail to follow the code
- retailers fail to respond to our concerns or choose not to take steps to fix compliance failures
- the issues go beyond a failure to follow code requirements and involve behaviour that is likely to mislead or deceive consumers.
We have a range of options to ensure compliance with the code. We consider several factors when deciding which option to use.
For more information, see our Compliance and Enforcement Policy.
See also
Electricity Retail Code
Industry code compliance checks
Compliance and Enforcement Policy