What the ACCC does

  • We investigate alleged breaches of the Gas Market code.
  • We monitor and enforce compliance with conditional exemptions granted by the Minister.
  • We determine the reasonable price for wholesale gas.
  • We publish certain information relating to exemptions.

What the ACCC can't do

  • We don't take enforcement action in relation to gas retail prices.
  • We don't negotiate prices of gas on behalf of buyers.
  • We don't assess applications for conditional exemptions under the Gas Market code.

On this page

Purpose of the Gas Market Code

The Competition and Consumer (Gas Market Code) Regulations 2023 commenced on 11 July 2023. There was a transition period of 2 months before most of the obligations contained in the code took effect.

The purpose of the code is to ensure the domestic wholesale gas market supplies adequate gas at reasonable prices and on reasonable terms for both suppliers and buyers.

Summary of requirements under the code

The code contains the following key requirements:

  • Procedural requirements in relation to negotiations and agreements to supply gas.
  • Price rules banning supply of gas above the reasonable price, as determined by the ACCC. The reasonable price is currently set at $12 per gigajoule.
  • Good faith rules for gas market participants negotiating and dealing with each other.
  • Record keeping, reporting and publication rules.

Compliance and enforcement guidelines

The ACCC is responsible for investigating and enforcing the Competition and Consumer Act 2010. This includes the Gas Market Code made under Part IVBB of the Act.

The guidelines on our approach to compliance and enforcement of the code summarise:

  • the code’s key requirements
  • available exemptions
  • avoidance schemes under section 53ZQ of the Competition and Consumer Act 2010
  • consequences for non-compliance including penalties.

Record keeping, reporting and publication guidance

The record keeping, reporting and publication rules in the code require suppliers to:

  • record certain information
  • report certain information to the ACCC
  • publish certain information on the supplier’s website.

We have approved forms for the obligations under sections 33, 34, 35, 40, and 41 of the code.

Reporting timeframes and forms

Gas Market Code provision Description Approved form Timing
33 - Record -keeping by supplier Suppliers must keep the details set out in subsection 33(2)(m) in a form that is capable of being transposed into this section 33 workbook template Section 33 submission workbook ( XLSX 206.63 KB ) Ongoing
34 - Supplier to publish information relating to available gas, etc. Suppliers must use this approved form to publish on the supplier websites information regarding uncontracted gas and others matters set out in section 34 Section 34 publication table ( DOCX 111.91 KB ) As soon as practicable after 1 April and 1 October each year
35 - Supplier to report information to Commission - information relating to available gas, etc Suppliers must use this approved form to report to the ACCC certain information regarding uncontracted gas and others matters set out in section 35 Section 35 form ( XLSX 69.24 KB ) As soon as practicable after 1 April and 1 October each year
36(1) - Supplier to report information to Commission - gas EOIs Suppliers are required to give a notice in writing to the ACCC setting out the date on which an EOI was issued There is no requirement to use an approved form for section 36(1) reporting. Within three business days after issuing the EOI
40 - Supplier to report information to Commission - retailers Suppliers must use this approved form to report when the supplier is, commences being or ceases to be a retailer Section 40 form ( XLSX 61.96 KB ) As required
41- Supplier to report information to Commission - small suppliers Suppliers must use this approved form to report to the ACCC certain information related to small supplier status Section 41 form ( XLSX 75.16 KB ) On or before the third business day of each calendar year
44 - Joint ventures - specified person to publish or report

Any joint venture parties can notify the ACCC in writing that:

-a specified person will publish/report on behalf of the joint venture

- information published/reported will relate to specified covered suppliers

-the notice has effect for a specified period 		There is no requirement to use an approved form for section 44 reporting. At any time

Submit any enquiries about record keeping and reporting to gascode@accc.gov.au.

For further information, see the Guide to Gas Market Code reporting ( PDF 140.76 KB ) to support suppliers’ compliance with these rules.

The guide sets out:

  • the timing and format for reporting or publishing certain information
  • guidance on how to submit information to the ACCC
  • if the ACCC has or is intending to make a determination under certain provisions of the code.

Determinations under the code

Certain sections of the code give the ACCC the power to make determinations for:

  • record keeping and reporting requirements
  • circumstances in which expressions of interest, initial offers or final offers can be withdrawn or terminated
  • specifying a reasonable price.

On 20 December 2023, the ACCC made determinations under sections 33(3), 34(3), 34(7) and 35(3). These determinations are effective from 1 April 2024. The determinations are available on the Federal Register of Legislation.

Exemptions from the code

We don't assess or give exemptions from the code. Suppliers seeking a conditional Ministerial exemption should view the guidance published by the Department of Climate Change, Energy, the Environment and Water.

Submit an enquiry about the application or assessment process for a conditional exemption to gasmandatorycode@dcceew.gov.au.

Public registers of exemptions from the code

The ACCC publishes information about exemptions from the Gas Market Code.

The Conditional Ministerial exemptions for gas suppliers register lists exemptions granted by the Energy Minister, with the agreement of the Resources Minister, under section 61 of the code.

The Small gas supplier exemptions register lists suppliers that are exempt from subsections 26(1), 27(1) and 28(1) of the code. 

Report a potential breach to the ACCC

Make a report to the ACCC about a potential breach of the code or avoidance conduct.

If you are aware of, or suspect, a potential breach of the Gas Market Code, the Gas Price Cap, or the avoidance scheme rules, report it to us.

Make a report to the ACCC

We have special arrangements for people who want to anonymously report a potential breach of these rules to the ACCC.

We use a secure third-party platform that protects your identity. You stay completely anonymous when giving us a tipoff or having ongoing contact with the ACCC.

Make an anonymous report to the ACCC

See also

Compliance and enforcement guidelines on the Gas Market Code

Guidance on the conditional Ministerial exemption process