The ACCC has granted authorisation to the Clean Energy Council’s (CEC) Solar Retailer Code of Conduct. The Solar Code sets minimum standards for retailers selling solar photovoltaic systems to consumers. Retailers who are signatories to the code must comply with standards covering advertising, contract documentation, finance and payments, design and installation, and complaints handling. The ACCC last authorised the Solar Code in 2015.
The ACCC considers that the Solar Code is likely to result in public benefits, including providing greater protections for consumers and helping consumers make more informed purchasing decisions.
In light of amendments to the Solar Code, which provide an independent appeals mechanism for unsuccessful applicants and reduce the period they must wait before being able to reapply to become a signatory, the ACCC considers that the Solar Code results in limited public detriment. These amendments are important because many retailers consider that being a signatory is critical for them to operate in the market, as it is generally necessary to access government financial incentives.
The CEC intends that the Solar Code will ultimately be replaced by the New Energy Tech Consumer Code (NETCC). On 15 September 2020, the Australian Competition Tribunal varied an earlier determination of the ACCC and granted authorisation to the NETCC for five years subject to conditions.
The ACCC has granted authorisation until 31 July 2023. The ACCC considers that the Solar Code should be re-authorised for the minimum period necessary to enable the timely transition of signatories to the NETCC and that, as the NETCC authorisation is now in force, this period is likely to be sufficient to enable the transition.
Authorisation provides businesses with legal protection for arrangements that may otherwise risk breaching the law but are not harmful to competition and/or are likely to result in overall public benefits. In this case, the CEC sought authorisation for reasons including that the Solar Code contains provisions that may involve exclusionary conduct in breach of competition law, including by providing for retailers to be denied membership or expelled if they do not meet the code’s requirements.
Further information about the application for re-authorisation is available on the authorisation public register at: Clean Energy Council.