EnergyAustralia Breaches Code with Free Power Delay

ACCC

EnergyAustralia Pty Ltd has admitted it breached the Electricity Retail Code by failing to make a Solar Sharer Offer available to consumers from 1 July 2026.

From 1 July this year, electricity retailers were required to offer eligible households in New South Wales, South Australia and South East Queensland access to a Solar Sharer Offer, which provides three hours of free electricity during the day.

The Solar Sharer Offer is designed to help eligible households save on bills if they can shift their electricity use to the three-hour free usage period.

The ACCC has accepted a court-enforceable undertaking from EnergyAustralia in which the retailer admits it breached the Electricity Retail Code by failing to meet the deadline to offer this plan.

EnergyAustralia made a Solar Sharer Offer available to consumers on 3 August 2026.

"The Solar Sharer Offer can benefit households that can shift their electricity use to the free usage period," ACCC Commissioner Anna Brakey said.

"EnergyAustralia's delay in offering the plan initially denied current and prospective consumers the opportunity to access this plan and take advantage of the benefits available."

"As one of the country's largest energy retailers, we expect EnergyAustralia to have better systems and processes in place to meet its legal obligations," Ms Brakey said.

EnergyAustralia has also undertaken to:

  • continue offering the Solar Sharer Offer to consumers
  • report to the ACCC and the Australian Energy Regulator on its compliance
  • train staff to assist customers enquiring about the Solar Sharer Offer
  • publish and maintain a notice about the undertaking on its website.

"We are continuing to closely monitor retailers' compliance with the Solar Sharer Offer requirements," Ms Brakey said.

A copy of the undertaking is available on the ACCC's public register: EnergyAustralia Pty Ltd.

Note

The Electricity Retail Code applies to all electricity retailers that supply electricity to residential and small business customers in specified areas of New South Wales, South Australia and South East Queensland.

It is a mandatory industry code under the Competition and Consumer Act and sets enforceable rules for how electricity retailers must communicate pricing information.

From 1 July 2026, the code includes the requirement for electricity retailers to make the Solar Sharer Offer available to eligible households with smart meters in New South Wales, South Australia and South East Queensland.

The Solar Sharer Offer provides a free electricity usage period in the middle of the day when solar generation generally peaks. The three-hour period runs from:

  • 11am to 2pm: New South Wales and South East Queensland
  • 12pm to 3pm: South Australia.

Eligible households can use up to 24 kilowatt-hours of free electricity usage during the three-hour period each day.

Households should consider their daily routine, their ability to shift electricity usage and whether a Solar Sharer plan is the best option for their electricity use.

Consumers can compare electricity plan information on the Government comparison website Energy Made Easy. For further information for consumers on comparing energy plans, see the ACCC website. The Australian Energy Regulator has published a fact sheet which explains the new Solar Sharer Offer and how it works.

Background

EnergyAustralia is one of Australia's largest energy retailers. It has 1.6 million customers across eastern Australia.

The ACCC has previously taken action against EnergyAustralia for breaches of the Electricity Retail Code and the Australian Consumer Law.

In September 2024, the Federal Court ordered EnergyAustralia to pay $14 million in penalties for breaching the Electricity Retail Code and the Australian Consumer Law.

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