This amendment to the Electricity Industry Participation Code 2010 (Code) comes into force 15 December 2021.

The amendment makes a change to Part 1 of the Code to amend paragraph (c) of the definition of "disclosure information" by replacing the words "is likely to" with the words "will, or is likely to,". This amendment follows the urgent amendment made by the Electricity Industry Participation Code Amendment (Definition of Disclosure Information) 2021, which replaced the word "will" in the definition of "disclosure information" with "is likely to" and was due to expire on 6 January 2022. This amendment will apply permanently.

The effect of this amendment is to lower the threshold for determining whether information is disclosure information for the purposes of the wholesale electricity market disclosure provisions in clause 13.2A of the Code from the threshold applied by the Electricity Rulings Panel in its decision Haast Energy Trading Ltd v Genesis Energy Ltd under the definition of "disclosure information" that applied prior to the urgent amendment.