The ACCC has prepared guidelines that summarise key requirements and the consequences of non-compliance with the Competition and Consumer (Gas Market Code) Regulations 2023 (the code).

The guidelines set out the ACCC’s approach to compliance and enforcement of the code. The guidelines also set out the rules under the Competition and Consumer Act 2010 prohibiting conduct which avoids applying the code.

The code allows the ACCC to make determinations on certain matters in relation to the code. These guidelines don’t include information about the details of such determinations.

The guidelines were originally published on 15 August 2023. They were updated on 9 November 2023 to provide further clarity about the deemed exemption for certain transactions that occur on gas trading exchanges (page 5), the deemed exemption for small suppliers (page 7), and the obligation for a supplier to notify a potential buyer whether or not the potential buyer is successful in relation to a gas EOI (page 15).

The ACCC has also published a reporting guide to support suppliers’ compliance with record keeping, reporting and publication obligations under the code.