{"id":"F2025L01011","name":"Competition and Consumer (Price Inquiry—Electricity) Direction 2025","slug":"competition-and-consumer-price-inquiry-electricity-direction-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442944,"registerId":"F2025L01011-fast-fetch-1775957853124","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Competition and Consumer (Price Inquiry—Electricity) Direction 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth coat of arms of Australia](image.001.jpeg)\n\n \n\nCompetition and Consumer (Price Inquiry—Electricity) Direction 2025\n\nI, Jim Chalmers, Treasurer, make the following direction to the Australian Competition and Consumer Commission.\n\nDated     28 August 2025\n\n \n\nDr Jim Chalmers\n\nTreasurer\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\nPart 2—Price inquiry into electricity\n\n5 Commission to hold an inquiry\n\n6 Directions on matters to be taken into consideration in the inquiry\n\n7 Directions as to holding the inquiry\n\n8 Period for completing the inquiry\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Competition and Consumer (Price Inquiry—Electricity) Direction 2025.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Competition and Consumer Act 2010.\n\n4  Definitions\n\nNote: Expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.\n\n  In this instrument:\n\nexempt supply has the meaning given by subsection 95A(1) of the Act.\n\ngoods has the meaning given by subsection 95A(1) of the Act.\n\ninquiry has the meaning given by subsection 95A(1) of the Act.\n\nnational electricity market has the same meaning as in the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force at the commencement of this instrument.\n\nperson has the meaning given by subsection 95A(1) of the Act.\n\nprice has the meaning given by subsection 95A(1) of the Act.\n\nservices has the meaning given by subsection 95A(1) of the Act.\n\nState or Territory authority has the meaning given by subsection 95A(1) of the Act.\n\nsupply has the meaning given by subsection 95A(1) of the Act.\n\nthe Act means the Competition and Consumer Act 2010.\n\nPart 2—Price inquiry into electricity\n\n \n\n5  Commission to hold an inquiry\n\n (1) Under subsection 95H(1) of the Act, the Commission is required to hold an inquiry into the supply of electricity in the national electricity market.\n\n (2) For the purposes of subsection 95J(1) of the Act, the inquiry is to be held in relation to the supply of goods that are electricity.\n\n (3) Subsection (1) does not authorise the holding of an inquiry into a supply of a good or service:\n\n (a) that is an exempt supply; or\n\n (b) by a State or Territory.\n\n (4) Under subsection 95J(2), the inquiry is not to be held in relation to the supply of electricity by a particular person or persons.\n\n6  Directions on matters to be taken into consideration in the inquiry\n\n  Under subsection 95J(6) of the Act, the Commission is directed to take into consideration all of the following matters in holding the inquiry:\n\n (a) electricity prices in the national electricity market, including:\n\n (i) prices offered to consumers and variations to those prices; and\n\n (ii) analysis of the impact of wholesale prices on retail prices;\n\n (b) wholesale market prices and relevant contributing factors, including:\n\n (i) bidding behaviour of electricity generators for the sale of electricity into the wholesale market; and\n\n (ii) any other relevant factors;\n\n (c) margins and profits of electricity generators and retailers and relevant factors contributing to those margins and profits;\n\n (d) impact of policy changes in the national electricity market.\n\n7  Directions as to holding the inquiry\n\n  Under subsection 95J(6) of the Act, the Commission in holding the inquiry is directed to:\n\n (a) make use of publicly available information, including any relevant information published by:\n\n (i) Australian Energy Regulator; and\n\n (ii) Australian Energy Market Commission; and\n\n (iii) Australian Energy Market Operator; and\n\n (b) give the Treasurer an interim report by 31 December 2025; and\n\n (c) where appropriate, make recommendations to the Treasurer to take any proportional and targeted action considered necessary to remedy any failure by market participants (or the market as a whole) to deliver competitive and efficient electricity prices for customers.\n\n8  Period for completing the inquiry\n\n  For the purposes of subsection 95K(1) of the Act, the inquiry is required to be completed, and a report on the matter of the inquiry given to the Treasurer, by no later than 30 June 2026.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument remains tightly scoped to its original purpose. It is a standard ministerial direction under Part VIIA of the Competition and Consumer Act 2010, which has long provided for price inquiries into specific industries. The direction does not expand beyond the statutory framework for holding such inquiries; it simply activates those powers for the electricity sector with specific terms of reference and timelines."},"complexity_factors":["Short instrument: only 8 sections across 2 Parts","Minimal defined terms: 10 definitions, all referencing external legislation (Competition and Consumer Act 2010) rather than creating new concepts","Simple conditional logic: only one exclusion clause (section 5(3)) with two straightforward exceptions (exempt supplies and State/Territory supplies)","No nested exceptions or complex cross-referencing beyond standard statutory interpretation rules","Clear procedural structure: commencement, definitions, mandate, scope limitations, matters for consideration, procedural directions, deadline","Single purpose instrument: does not attempt to regulate conduct directly, only establishes an inquiry framework"],"plain_english_summary":"The Treasurer has directed the ACCC to run a formal inquiry into high electricity prices across the National Electricity Market, assessing whether wholesale bidding, retail pricing, profit margins and policy changes are delivering competitive, efficient outcomes. It excludes government-supplied and other exempt supplies and cannot target individual companies.\n\nUsing existing regulator data, the ACCC must provide an interim report by 31 Dec 2025 and a final report by 30 Jun 2026, with targeted recommendations if market failures affecting generators, retailers and consumers are found."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument sets a focused inquiry scope consistent with the Act: an inquiry into electricity supply in the national electricity market. It narrows applicability by excluding exempt supplies and State/Territory supplies and forbids inquiries into particular persons (s5(2)–(4)). It otherwise follows the statutory inquiry framework (ss5–8) and does not expand the Act’s base scope beyond those specified constraints."},"complexity_factors":["Statutory cross‑references and definitions: relies on multiple provisions of the Competition and Consumer Act 2010 (definitions via subsection 95A(1)) and a separate definition of ‘national electricity market’ drawn from the National Electricity Law (Instrument s4).","Scope constraints and exclusions: inquiry covers electricity supply in the NEM but expressly excludes exempt supplies and supplies by a State or Territory, and must not target particular person(s) (s5(1)–(4)).","Wide analytic remit: directed to examine retail and wholesale prices, wholesale contributing factors including generator bidding, margins/profits of generators and retailers, and impacts of policy changes (s6(a)–(d)); these topics require detailed economic and market‑behaviour analysis.","Data and evidence constraints: directive to ‘make use of publicly available information’ including AER, AEMC and AEMO publications (s7(a)) shapes the available evidence set and limits (but does not clarify) the ACCC’s use of compulsory information‑gathering powers.","Timing pressure: interim report due 31 Dec 2025 and final report due 30 Jun 2026 (s7(b), s8) imposes tight deadlines for data collection, modelling and stakeholder engagement.","Discretion to recommend remedies: ACCC may propose ‘proportional and targeted’ actions to the Treasurer (s7(c)), creating implementation risk hinging on government response and on how ‘proportional’ and ‘targeted’ are interpreted.","Interagency reliance and coordination: direction explicitly points ACCC to publications of energy regulators/operators (s7(a)(i)–(iii)), requiring integration of multi‑agency data and conclusions.","Legal interpretation burden: the instrument’s interaction with the Act’s inquiry provisions (subsections 95H–95K referenced across ss5–8) creates interpretative tasks about ACCC powers, procedural steps and report content."],"plain_english_summary":"This direction requires the ACCC to hold a price inquiry into the supply of electricity in the national electricity market, focusing on retail and wholesale prices, generator bidding behaviour, margins/profits and the impact of policy changes. It excludes exempt supplies, State or Territory supplies and inquiries into particular persons. The ACCC must rely on publicly available information (including AER, AEMC, AEMO), give an interim report to the Treasurer by 31 December 2025 and a final report by 30 June 2026, and may recommend proportional, targeted remedies."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/competition-and-consumer-price-inquiry-electricity-direction-2025","history":"/api/acts/competition-and-consumer-price-inquiry-electricity-direction-2025/history","analysis":"/api/acts/competition-and-consumer-price-inquiry-electricity-direction-2025/analysis","conflicts":"/api/acts/competition-and-consumer-price-inquiry-electricity-direction-2025/conflicts","importantCases":"/api/acts/competition-and-consumer-price-inquiry-electricity-direction-2025/important-cases","documents":"/api/acts/competition-and-consumer-price-inquiry-electricity-direction-2025/documents"}}