Explanatory note

This amendment to the Electricity Industry Participation Code 2010 (Code) comes into force on 1 July 2026.

The amendment amends Parts 1 and 13 of the Code.

The amendment inserts a new subpart 5C to Part 13 of the Code, which imposes non-discrimination obligations on gentailers in respect of the supply and pricing of risk management contracts to buyers. It provides:

a. gentailers must not discriminate between buyers or between its own internal business units and buyers when supplying or pricing risk management contracts;

b. gentailers must engage in good faith, carry out objective credit assessments, provide equal access to commercial information and protect buyer confidential information;

c. gentailers must establish, maintain and keep records that demonstrate compliance with the non-discrimination obligations; and

d. for other matters to support the non-discrimination obligations, including a requirement that gentailers undertake retail price consistency assessments.

The amendment also amends the internal transfer prices and retail gross margin reporting obligations in Part 13 of the Code, by:

a. removing clause 13.256 – 13.258 of the Code in relation to internal transfer pricing information;

b. removing the requirements on gentailers to provide retail gross margin reports to the Authority; and

c. requiring gentailers to provide certain cost information to the Authority.


Legislative information

Title Electricity Industry Participation Code (Non-Discrimination Obligations and Associated Amendments) Amendment 2026
Principal or amendment Amendment
Consolidated version No
Empowering Act and provisions Electricity Industry Act 2010, section 38
Replacement empowering Act and provisions Not applicable
Maker name Electricity Authority
Administering agency Electricity Authority
Date made 15 May 2026
Publication date 27 May 2026
Notification date 27 May 2026
Commencement date 1 July 2026
End date Not applicable
Consolidation as at date Not applicable
Related instruments Electricity Industry Participation Code 2010