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In 2017 a Behind the Meter Working Group, of which the Clean Energy Council is a member organisation, was established to develop a draft code of practice for the industry in relation to behind the meter products.

The New Energy Tech Consumer Code, formerly the Behind the Meter Code, will set a minimum standard of customer service for customers looking to purchase behind the meter products.

Behind the meter products include technologies such as solar, battery energy storage systems, electric vehicle charging products, energy management systems and software, and other emerging products and services for homes and businesses.

Together, the member organisations of the Working Group, which consists of the Australian Energy Council, Clean Energy Council, Consumer Action Law Centre, Energy Consumers Australia, Energy Networks Australia, Public Interest Advocacy Centre, Renew and the Smart Energy Council. After extensive industry consultation, the Working Group has submitted a draft Consumer Code to the Australian Competition and Consumer Commission (ACCC) for authorisation.

The ACCC has published the application on its public register.


On 5 December 2019, the ACCC granted conditional authorisation to the NETCC until December 2024.

You can find out more about the ACCC authorisation by reading the final determination.

The NETCC will not come into effect until a Code Administrator is appointed next year, however, the ACCC’s determination to authorise the Code comes into force on 31 December 2019 should there be no application for review of the NETCC.

On 30 December 2019, Flexigroup Limited applied to the Australian Competition Tribunal for a review of the ACCC’s determination of the application for authorisation of the NETCC.

The application for the review means that the ACCC’s determination to authorise the Code, published on 5 December 2019, is not in effect and may change depending on the outcome of the review. The Tribunal may affirm, set aside or vary the determination of the ACCC.

You can read more about Flexigroup’s application for review on the Tribunal website. The review is before the Tribunal for consideration. We will provide more information about this process in the coming months.

Re-authorisation of the Solar Retailer Code of Conduct

The Solar Retailer Code of Conducts was initially authorised by the Australian Competition and Consumer Commission (ACCC) in October 2013. In April 2015, minor amendments were made to the Code with the ACCC re-authorising it for a period of five years in October 2015.

With this authorisation period coming to an end in 2020, and the NETCC delayed, the Clean Energy Council will be seeking a further re-authorisation of the Code and will be suggesting minor amendments to bring it up to date in line with industry developments.


If you have questions about the New Energy Tech Consumer Code you can contact us at [email protected].