Description of Conduct

On 20 July 2023, Rio Tinto Aluminium sought minor variations under section 91A of the Competition and Consumer Act 2010 to authorisations A40062-A40070 and A91205-A91207 which were granted to the Gladstone Power Joint Venture Participants in relation to commercial agreements concerning the expansion and operation of the Boyne Island Aluminium Smelter, and electricity generated by the Gladstone Power Station and supplied to the Smelter and the National Energy Market.

On 31 January 2024, the ACCC issued a determination deciding to vary authorisations A40062-A40070 and authorisations A91205-A91207. The minor variations are in respect of amendments to certain terms of one of the joint venture agreements, being the Operation and Management Agreement for the Gladstone Power Station.

In 2021, Rio Tinto Aluminium sought minor variations under section 91A of the Competition and Consumer Act 2010 to authorisations A91205-A91207.  The minor variations were to allow amendments to the relevant authorised agreements in response to the change to a five minute settlement period under the National Electricity Rules. On 29 October 2021, the ACCC issued a determination granting authorisation and interim authorisation to the minor variations.

Further details about the authorisations including applications and relevant decisions made by the ACCC can be found below.

Applicant(s)

  • Rio Tinto Aluminium Limited

Authorisation number(s)

  • AA40211-2

Submissions - after draft decision