Electricity Industry Participation Code (Non-Discrimination Obligations and Associated Amendments) Amendment 2026
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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 |