Gas Marketing Code of Conduct 2022

The Code uses a compact set of defined concepts that structure duties and limits. Key defined terms are in clause 3 and include retailer, gas marketing agent, small use customer, standard form contract and non‑standard contract (cross‑referencing the Energy Coordination Act 1994 for statutory definitions). The main operational constructs are:

• Gas marketing agent: a person acting on behalf of a retailer to obtain new customers or to deal with existing customers about gas contracts; includes representatives, agents or employees, but excludes a customer representative and the Housing Authority (cl. 3). The retailer remains obliged to ensure the agent complies (cl. 4).

• Small use customer: used throughout as the class of customer to which contractual and marketing obligations attach. The Code distinguishes residential customers as a subset for concessions and accessibility requirements (cl. 3).

• Standard form contract and non‑standard contract: the Code applies to both. For non‑standard contracts the Code adds a higher consent and disclosure standard: verifiable consent must be obtained and recorded, and a verifiable confirmation that required pre‑contract information was given must be recorded (s 6(1), 6(5)). The statutory meanings for these terms are given by section 11WB of the Energy Coordination Act 1994, referenced in cl. 3.

• Comparative marketing claim: a new defined term (inserted by the 2025 amendment) capturing statements that compare gas and electricity or imply such a comparison and that refer to cost effectiveness, energy efficiency, environmental health, environmental sustainability or greenhouse gas emissions (cl. 6A). Clauses 6B-6F then set technical content and truthfulness requirements for such claims, with appliance‑specific comparators required in many cases (for example, comparisons to induction cooktops for cooking claims, to air conditioners for space heating, and to heat pump water heaters for water heating) (cls 6C-6E).

• Basic plan information document: a central disclosure instrument defined in cl. 9A(4) and specified in detail by Schedule 1 (cls 9B-9C). Requirements include PDF format, black text on a light background, ordered content as per Schedule 1, and prohibitions on certain wording with mandatory substitution terms in Schedule 2 (cls 9C-9D, Sch 2).

• Verifiable consent and verifiable confirmation: defined in clause 3 by expression, oral/written mode, given by the customer or nominated competent person, and for verifiable consent, given after plain language disclosure of all matters materially relevant to that consent (cl. 3 definitions). These standards raise evidentiary and procedural requirements for non‑standard contracts and for confirmation that the required disclosures were made (s 6).

Other functional concepts that structure compliance include marketing identification numbers assigned by the retailer to agents (cl. 3 definition, used in s 8), complaint (defined at cl. 3 and used in cls 12 and 13), and the Compendium of Gas Customer Licence Obligations, which the Code directs customers to for supplementary licence obligations (cl. 3 definition and s 5(2)(a)).

Several procedural and presentation constraints are important: timing rules for providing copies of contracts (ss 5(1)(b), 6(1)(b)), the requirement to provide certain information before or at the first bill (ss 5(2), 6(3)), and the obligation to ensure that links to basic plan information documents are present and prominent on retailer websites, third party comparison sites and in advertisements (cls 9G-9I). The presumption-of‑authority clause treats persons marketing in the name of a retailer or agent as presumed employed or authorised unless the contrary is proved (s 11), which has evidentiary significance.

Finally, enforcement mechanisms include criminal offences for agents and retailers where agents contravene the Code, specified penalties for individuals and bodies corporate, and a retailer defence based on reasonable endeavours (s 10); administrative oversight powers include requests from the gas industry ombudsman for complaint files with a 28‑day compliance time (s 12), and records retention for two years (s 13).

The statutory architecture allocates primary obligations to retailers and secondary but actionable obligations to gas marketing agents. The defined classes of affected parties are:

• Retailers: defined as persons who hold a trading licence (cl. 3). Retailers must ensure their gas marketing agents comply with the marketing Part (cl. 4), are directly liable for agent breaches committed while acting on their behalf (s 10(2)), must provide or make available contract copies and required pre‑bill information to small use customers (ss 5 and 6), and must prepare, publish and maintain basic plan information documents for each generally available plan, including links on websites and in advertisements (cls 9F-9I).

• Gas marketing agents: persons acting on behalf of a retailer to obtain customers or deal with existing customers in relation to gas contracts are specifically regulated (cl. 3). Agents commit offences if they contravene the Code (s 10(1)), must keep complaint records and provide them to the gas industry ombudsman on request (s 12), and must retain required records for at least two years (s 13). Agents who visit premises must comply with visible signs about canvassing or leaving materials (s 9).

• Small use customers: the Code tailors protections and disclosures to small use customers. The obligations to provide contract copies, first‑bill information, concessions information for residential customers and contact points such as interpreter and hearing impairment services all target small use customers (ss 5, 6). The basic plan information documents are specifically for generally available plans that would be offered to small use customers (cl. 9A).

• Residential customers: a subset of small use customers who consume gas solely for domestic use are singled out for concession disclosures and interpreter/support contact details to be provided (ss 5(2)(e), 5(2)(g), 6(3)(e), 6(3)(f)). Schedule 1 requires eligibility criteria to state if certain Commonwealth concession cards are necessary for access to a plan (Sch 1 cl. 2(4)).

• Third party comparison websites: although the Code does not directly regulate independent third parties, it imposes obligations on retailers to ensure that when their generally available plans are published on such websites, a clear and prominent link to the retailer’s basic plan information document appears immediately proximate to the signup or redirect link (s 9H). Practically this requires contractual or operational arrangements between retailers and comparison providers.

• Gas industry ombudsman: assigned an active role to request complaint records and receive information within defined timeframes (s 12). Retailers and agents must maintain complaint records that the ombudsman can demand.

• Distributors: referenced in the eligibility and plan information provisions. The Schedule requires names of distributors for supply areas and the distributor’s 24‑hour emergency number must be provided to customers (cl. 3 definition of distributor; Sch 1 cl. 2(1), ss 5(2)(f), 6(3)(e)).

• The public and marketing targets: people contacted for marketing purposes, even if not customers, are covered by contact disclosure and sign compliance rules (s 8, s 9). The presumption of authority (s 11) extends a legal inference that affects how members of the public can rely on agent representations.

By construction, the Code reaches both in‑house sales activity and third‑party sales conducted by agents. It attaches duties to retailers even where the practical activity is undertaken by an agent, and it embeds evidentiary standards (verifiable consent/confirmation) that affect onboarding procedures. The Code therefore influences staffing, training, documentation, website content, third party contracts, agent ID systems and complaint handling processes for the entities that sell gas to small use customers.

The Code establishes concrete duties for retailers and gas marketing agents, and limited rights for small use customers. These are operationalised mainly through timing, content and procedural requirements.

Duties of retailers

• Ensure agents comply with the marketing Part (cl. 4). If an agent contravenes the Code while acting on behalf of a retailer, the retailer is criminally liable unless it proves it used reasonable endeavours to ensure agent compliance (s 10(2)-(3)).
• Provide customers with a copy of a standard form or non‑standard contract at the time of entry, or within 5 business days where the contract is entered by telephone (ss 5(1)(b), 6(1)(b)).
• Give specified information before or at the time of the first bill, including how to obtain the Code and Compendium, tariffs and charges, scope of the Code, payment assistance, concession information for residential customers, distributor emergency contact, interpreter and hearing impairment contact details, and complaint procedures (ss 5(2), 6(3)).
• For non‑standard contracts, obtain and record verifiable consent and verifiable confirmation that the required pre‑contract disclosures were given (s 6(1), 6(5)).
• Create and make available basic plan information documents as PDFs with specified content and layout (cls 9A-9C, Sch 1). Update and publish them within 5 business days after the plan becomes available or when the Schedule 1 information changes (s 9F).
• Ensure basic plan information documents are linked clearly and prominently on retailers’ websites proximate to contract sign‑up links, ensure links appear on third party comparison websites proximate to sign‑up/redirect links, and include a prescribed statement in advertisements giving the link location (cls 9G-9I).
• Assign marketing identification numbers to agents and ensure those numbers are provided on request and displayed in non‑face‑to‑face contacts; require visible identity cards with name, photograph and retailer identity for face‑to‑face marketing to satisfy s 8(1)(a)(ii) and (iii) (s 8).
• Keep complaint records and provide them to the gas industry ombudsman on request within 28 days (s 12). Retain records required by the Code for at least two years from last contact (s 13).

Duties of gas marketing agents

• Comply with the Part and all marketing conduct standards, including comparative marketing claim rules (cl. 4 read with cls 6A-6F and 7-9).
• Provide prescribed contact and identity information in marketing contacts, show identity cards in face to face contacts, and comply with visible “no canvassing” signs on premises (ss 8, 9).
• Maintain complaint records and respond to ombudsman requests (s 12), and retain required records for two years (s 13).
• Agents commit offences for contravening the Code and attract the same monetary penalties as individuals under s 10(1).

Rights and entitlements of customers

• Entitlement to receive a copy of the contract for free, and to be provided certain information before or at the first bill (ss 5(1)(b), 5(2); 6(1)(b), 6(3)). The Code gives recipients the right to request information in writing and receive it as soon as practicable if requested during a marketing contact (s 8(3)).
• For non‑standard contracts, customers are to be informed they can choose the standard form contract instead and be told differences between non‑standard and standard contracts, as well as cooling‑off rights and charges for rescission (s 6(2)).
• Residential customers have the right to be told about concession eligibility and interpreter or hearing assistance numbers (ss 5(2)(e), 5(2)(g), 6(3)(e), 6(3)(f)).
• A customer can request a basic plan information document for any generally available plan during a marketing contact; retailers must provide a link or a paper copy on request (s 8(1)(b)(iii), (3)).

Enforcement and defences

• Breach by an agent is an offence (s 10(1)); breach by an agent while acting for a retailer also makes the retailer liable (s 10(2)). Fines are specified: $5,000 for an individual and $20,000 for a body corporate (s 10). The retailer’s available defence is proof of reasonable endeavours to ensure agent compliance (s 10(3)).
• The presumption of authority clause (s 11) shifts evidentiary burden by treating a person marketing in the name of the retailer or agent as employed or authorised unless the contrary is proved.
• Administrative enforcement tools include requests from the gas industry ombudsman to produce complaint information within 28 days (s 12).

Document and presentation constraints

• Basic plan information documents must be in PDF, black text on light background, ordered as Schedule 1 (s 9C), and must avoid prohibited terminology listed in Schedule 2 or use the permitted substitutes (s 9D; Sch 2).
• Comparative marketing claims must be true and accurate and satisfy appliance‑specific comparators and disclosure of direct combustion products for cooking claims; environmental claims are tightly constrained (cls 6B-6F).

Together, these duties create a compliance system that combines content regulation, disclosure standardisation, procedural consent standards for more bespoke contracts, and criminal sanctions for breaches. The Code gives customers structured rights to information and to specific supports (interpreters, concession notices), while allocating evidentiary and oversight duties to retailers.

The Code establishes criminal offences for contraventions and prescribes penalty scales, while also creating administrative disclosure and record production obligations. Enforcement tools are mainly monetary fines for individuals and corporate bodies, evidentiary presumptions and ombudsman information powers rather than specific civil private rights of action listed in the text.

Monetary penalties and offences

• A gas marketing agent who contravenes a provision of the Code commits an offence. The penalty for this offence is set at $5,000 for an individual and $20,000 for a body corporate (s 10(1)).
• If a gas marketing agent contravenes a provision while acting on behalf of a retailer, the retailer commits an offence attracting the same monetary penalties: $5,000 for an individual and $20,000 for a body corporate (s 10(2)).
• The Code provides a statutory defence for retailers charged under s 10(2). A retailer can avoid conviction by proving it used reasonable endeavours to ensure the gas marketing agent complied with the Code (s 10(3)). The Code does not define “reasonable endeavours”, so interpretation will rely on customary legal constructions and any administrative guidance.

Presumption and evidentiary consequences

• Clause 11 creates a presumption of authority: a person carrying out marketing activity in the name of or for the benefit of a retailer or a gas marketing agent is taken, unless the contrary is proved, to have been employed or authorised by the retailer or gas marketing agent (s 11). This shifts evidentiary burden in prosecutions by making proof of agency or employment presumptive and requiring defendants to rebut that presumption.

Administrative oversight, information requests and recordkeeping

• Gas marketing agents must keep a record of each complaint made by a small use customer, or a person contacted for marketing purposes, and on request by the gas industry ombudsman must provide, within 28 days, all information the agent has relating to the complaint (s 12). This creates an administrative disclosure pathway to the ombudsman.
• Records that agents are required to keep must be retained for at least two years from the last contact with the relevant person (s 13). This is a retention obligation supporting enforcement and ombudsman oversight.
• The Code does not itself create a specific civil penalty regime distinct from criminal offences, nor does it specify administrative fines or licence cancellation powers. Enforcement beyond criminal prosecution and ombudsman information requests would therefore depend on the regulatory powers available to the licensing authority under the Energy Coordination Act 1994 and related instruments such as the Compendium referenced in the Code (cl. 3 definition; note under Part 2 that other laws apply).

Interaction with other enforcement regimes

• The Code expressly acknowledges that it is not the only compliance obligation for marketing and that State and Commonwealth laws also apply, listing the Fair Trading Act 2010, the Spam Act 2003 (Commonwealth), the Do Not Call Register Act 2006 (Commonwealth), the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017, the Spam Regulations 2021 and the Privacy Act 1988 (Commonwealth) (note for Part 2). Those instruments impose parallel offences, civil remedies and enforcement mechanisms that can be used in conjunction with Code enforcement.
• The gas industry ombudsman scheme under Part 2D of the Energy Coordination Act 1994 and the Parliamentary Commissioner Act 1971 also forms part of the compliance and dispute resolution environment, with direct access to complaint records under s 12 of the Code.

Operational consequences for compliance and enforcement

• The Code’s penalty levels are fixed sums rather than proportional to turnover or harm. They therefore impose a particular compliance calculus: the financial exposure for a corporate breach under s 10(1)-(2) is $20,000 per offending act, which for large retailers may be relatively modest. The defence of reasonable endeavours introduces an operational standard for oversight and control systems that retailers must be able to demonstrate in prosecutions.
• The presumption of authority in s 11 increases the evidentiary risk for retailers and agents whose marketing is carried out by third parties under their name, because the retailer must displace that presumption to avoid liability.

Unspecified enforcement areas

• The Code does not specify inspection, audit or administrative penalty powers nor complaint escalation steps beyond ombudsman information requests. Enforcement practice therefore will depend on prosecutorial decisions by relevant enforcement agencies and the operational use of the ombudsman’s access rights. The Code’s interplay with the Compendium and licensing conditions under the Energy Coordination Act 1994 may create additional enforcement avenues administered by the Authority, although those are not specified in this document.

In sum, the Code relies on criminal fines for direct contraventions by agents and retailers, a rebuttable presumption of authority to attribute responsibility, and administrative reporting and retention obligations that facilitate ombudsman oversight. The retailer’s “reasonable endeavours” defence is the principal statutory means to avoid vicarious liability where an agent has breached the Code.

The Code is explicitly framed as an additional instrument in a larger legal ecosystem governing marketing, consumer protection and energy licensing. The text both cross‑refers to and defers to other State and Commonwealth laws and to the Energy Coordination Act 1994 for definitions and licensing context.

Direct cross‑references and non‑exclusivity

• The Code notes that it is not the only compliance obligation in relation to marketing and lists several other State and Commonwealth statutes and instruments that apply to marketing activities: the Fair Trading Act 2010 (State), the Spam Act 2003 (Commonwealth), the Spam Regulations 2021 (Commonwealth), the Do Not Call Register Act 2006 (Commonwealth), the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017 (Commonwealth) and the Privacy Act 1988 (Commonwealth) (note for Part 2). Those laws impose separate prohibitions and compliance duties on unsolicited marketing, telemarketing calls, spam, and privacy handling of customer data.
• Clause 3 points users to the Energy Coordination Act 1994 for related definitions and the Interpretation Act 1984 s 44 for interpretive rules. The Code is issued under the authority of the Energy Coordination Act 1994 and ties into licensing obligations: “retailer” is defined by reference to trading licence holders (cl. 3), and the “Compendium of Gas Customer Licence Obligations” administered by the Authority is a statutory instrument referenced as part of the disclosure obligations (cl. 3 definition of Compendium and ss 5(2)(a), 6(3)(a)).

Consumer protection overlay

• The Code’s contract and marketing disclosure requirements sit alongside general consumer protection law. The Code requires specific disclosures and sets verifiable consent and confirmation thresholds for non‑standard contracts (s 6), but it does not supplant consumer protection rights under the Fair Trading Act 2010 or the Australian Consumer Law (WA) (cl. 3). Remedies, misleading or deceptive conduct claims, and unconscionable conduct claims under those Acts remain available as parallel causes of action where applicable.

Privacy and communications law

• The Code requires collection and retention of personal data (e.g., verifiable consent, complaint records, agent identification), which must be managed in compliance with the Privacy Act 1988 for entities within its scope (note for Part 2). The Code also prescribes content and opt‑in structures that intersect with the Spam Act 2003 and Do Not Call Register rules for telemarketing and unsolicited electronic communications. Practically, compliance systems must coordinate between Code obligations and the Commonwealth regimes that restrict direct marketing timing, consent and recordkeeping.

Advertising regulation and standards

• The Code’s detailed controls on comparative marketing claims (cls 6A-6F) overlay the general advertising law in the Fair Trading Act 2010 and consumer protection instruments. Where the Code prescribes appliance comparators and environmental disclosure formats, those rules will operate as technical standards for compliant advertising in addition to general anti‑misleading obligations.

Ombudsman and licence conditions

• The Code integrates with the gas industry ombudsman scheme by requiring agents to keep complaint records and to supply them to the ombudsman on request within 28 days (s 12). The Authority’s Compendium and licence obligations referenced in cl. 3 may create additional compliance and enforcement mechanisms for retailers beyond the Code’s criminal penalties. The Code does not specify licence sanction powers, but licence conditions and the Authority’s regulatory toolkit under the Energy Coordination Act 1994 can be expected to complement enforcement.

Interplay with prior Code and amendments

• The Code repeals the prior Gas Marketing Code of Conduct 2017 (s 14). The compilation table records its own amendment by the Gas Marketing Code of Conduct Amendment Code 2025 (SL 2025/74), which introduced clauses such as the comparative marketing claim regime (cl. 6A inserted SL 2025/74 cl. 6) and amendments to clause 3, clause 6 and others (compilation table and amendment notes). Entities must therefore track both the Code and its amendment history to ensure compliance with the current text.

Practical consequences

• Entities operating across jurisdictions must coordinate compliance with this Code and the Commonwealth‑level communications and privacy statutes. Retailers must ensure their contracting with third party comparison websites, sales agents and advertising agencies produces the mandated link placement, document availability and content requirements (cls 9F-9I), while also satisfying Commonwealth telemarketing and spam rules. The Code’s presumption clause (s 11) increases the practical importance of clear contractual terms and agent identity management to avoid attribution of conduct across regulatory regimes.

In short, the Code is nested within a web of State and Commonwealth consumer protection, communications and licensing laws. It imposes sector‑specific obligations that supplement, rather than replace, the general legal framework governing marketing, privacy and advertising.

The Code replaced an earlier instrument and has been amended since its initial publication. The compilation table and marginal notes in the document set out the key dates and amendment references.

Origination and commencement

• The Gas Marketing Code of Conduct 2022 was published as SL 2022/109. Clause 2 sets out staggered commencement: Part 1 (the Preliminary provisions) commenced on the date of Gazette publication, 28 June 2022, while the remainder of the Code commenced on 1 July 2022 (compilation table; cl. 2(a)-(b)).

Repeal of prior Code

• The Code expressly repeals the Gas Marketing Code of Conduct 2017 (s 14), so the 2022 Code replaced the 2017 instrument upon commencement.

2025 Amendment

• The Code was amended by the Gas Marketing Code of Conduct Amendment Code 2025, SL 2025/74, published 19 May 2025. The compilation table records staged commencement for that amendment: clauses 1 and 2 of the Amendment Code took effect on 19 May 2025, and the remainder of the Amendment Code took effect on 1 January 2026 (compilation table). The printed marginal notes inside the Code show that various clauses were inserted or amended by SL 2025/74, including clause 3 being amended (SL 2025/74 cl. 4), clause 6 amended (SL 2025/74 cl. 5) and a set of insertions creating Division 3A and the basic plan information document regime (SL 2025/74 cl. 8), as well as the clauses introducing comparative marketing claim rules (cls 6A-6F) inserted by SL 2025/74 cl. 6 and cl. 7. The Notes and compilation table make clear which sections were affected by the 2025 instrument.

Textual insertions and structural changes noted in the document

• The 2025 Amendment introduced a distinct Division 3A addressing basic plan information documents (cls 9A-9I, Sch 1 and Sch 2) and inserted the comparative marketing claim concept and related appliance‑specific clauses (6A-6F), in addition to other amendments to clause 6 and the defined terms (as shown by the marginal amendment notes appended to clauses and schedules). These structural changes are visible in the Code: the new Division 3A, its subdivisions, and the multi‑clause specification of plan document content and display requirements.

Marginal amendment notes and charting

• Each clause or Schedule that was inserted or amended carries an insertion note such as “[Clause 9A inserted: SL 2025/74 cl. 8]”, which identifies the instrument and clause that made the change. The Schedule notes likewise record insertion by the 2025 amendment. This internal labelling provides a precise audit trail of how the Code evolved and which clauses are new or revised.

Implications for compliance timing

• The staged commencement dates for the 2025 amendment (some parts effective from 19 May 2025 and other parts from 1 Jan 2026) mean that regulated entities must track not just the fact of amendment but the operative date of each change. For example, if new obligations under cls 6A-6F or Division 3A took later effect, marketers had a defined transition period before those obligations applied; the compilation table shows when each part came into force.

Record of defined term changes

• The list of defined terms at the end of the document records where each term is defined and indicates which definitions were added or adjusted by SL 2025/74. For instance, “comparative marketing claim” is recorded as defined in 6A, an insertion from the 2025 amendment.

In summary, the legislative history in the compilation table and clause notes documents the Code’s replacement of the 2017 instrument in 2022 and the later substantive amendments in 2025, notably the introduction of basic plan information documents and the comparative marketing claim regime. Regulated entities must ensure they operate under the current consolidated text and pay attention to the amendment commencement dates specified in the compilation table.

The Code text provided contains no references to any judicial or tribunal decisions. The compilation table and Notes record the legislative instruments, commencement dates and amendments but do not list or cite any cases. Therefore, as of the Code compilation presented:

• There are no cases named in the text, and no reported litigation history within the document itself (see the absence of case citations throughout the Code and the Notes).

Implications of the absence of litigation history

• Because the Code is a statutory instrument and not a primary Act, published case law interpreting its provisions would appear in court or tribunal reports rather than in the Code. The lack of cases in the text simply reflects that the instrument is a legislative standard and not a litigation digest. Practitioners seeking precedential interpretations must therefore consult court databases and tribunal decisions for any enforcement actions or judicial constructions that may have arisen after the Code’s commencement.

Potential areas likely to generate litigation or disputes

• Although the Code contains no litigation record in the document, several provisions present conventional points of legal contest that could become the subject of litigation or administrative review. These include:
  • The meaning and evidentiary scope of “reasonable endeavours” as the retailer’s defence to vicarious liability under s 10(3). Courts or tribunals may be asked to determine what systems and processes constitute reasonable endeavours in a given context.
  • The operation of the presumption of authority in s 11 where third party contractors or subcontractors conduct marketing in the retailer’s name; litigation may test how readily the presumption can be rebutted with contractual evidence.
  • Contentious marketing claims may prompt proceedings under the Fair Trading Act 2010 or the Australian Consumer Law (WA) as well as prosecutions under the Code, particularly where comparative marketing claims are involved. The Code’s specific content rules in cls 6C-6F may interact with broader misleading or deceptive conduct claims.
  • Disputes over the sufficiency of verifiable consent and verifiable confirmation for non‑standard contracts under s 6, especially where oral confirmations are contested.
  • Complaints to the gas industry ombudsman may give rise to administrative findings and recommendations, though the Code itself does not set out civil remedies.

Where to find litigation records

• Practitioners looking for adjudications under the Code should search WA court and tribunal databases, decisions of the Energy and Water Ombudsman Western Australia, and any published regulatory enforcement actions by the Authority. The Code itself does not provide an internal litigation history, so external sources must be consulted.

In short, the Code contains no litigation history in its text. Potential dispute hotspots are predictable from the Code’s provisions, but any actual adjudications or interpretations must be located outside the instrument in public decision databases and enforcement records.

This Code contains several specific, technical requirements and traps for the unwary. The following are practical pitfalls that compliance teams, sales managers and in‑house counsel should note and address, with direct references to the relevant clauses.

1. Contract delivery timing rules

• If a contract is entered by telephone, the retailer or agent must give a copy as soon as possible but not more than five business days after the contract is entered into (ss 5(1)(b)(i), 6(1)(b)(i)). Failure to meet this window exposes agents and the retailer to offence liabilities under s 10. For in‑person contracts the copy must be provided at the time the contract is entered into.

2. Narrow definition of verifiable consent/confirmation

• Verifiable consent and verifiable confirmation require express, oral or written statements by the customer or a competent nominated person (cl. 3). Verifiable consent additionally requires disclosure “in plain language appropriate to the customer” of all matters materially relevant to the consent (cl. 3 definition). This creates an evidentiary requirement that retailers document how disclosures were made and how the customer’s competence and understanding were assessed.

3. Comparative claim prescriptive content

• Comparative marketing claims trigger appliance‑specific comparators: cooking claims must refer to a type of cooktop and, if not referring to an induction cooktop, must include a comparison with induction cooktops and specify direct combustion products likely to be present during and immediately after use (cl. 6C). Space heating claims must compare with air conditioners if the appliance referred to is not an air conditioner (cl. 6D). Water heating claims must compare with heat pump water heaters where not referring to a heat pump (cl. 6E). Environmental claims are tightly constrained and must not specify greenhouse gas emissions except in the context of customers’ use of the particular appliances and must state carbon dioxide equivalence relative to appliance output (cl. 6F). Non‑compliance can be an offence and may also expose marketers to overlapping consumer law claims.

4. Environmental claim restriction

• Clause 6F(1)(c) prohibits claiming a benefit from the use of gas solely by reference to the National Greenhouse and Energy Reporting (Measurement) Determination 2008, which limits use of certain national measurement instruments in marketing. Marketers must be careful in quoting national reporting figures or implying climate benefits without the required appliance context or CO2e statements.

5. Basic plan information document format and language constraints

• Basic plan information documents must be PDFs, use black text on light backgrounds, and present information in the order of Schedule 1 (s 9C). Clause 9D forbids certain terms and requires use of specific permitted substitutes listed in Schedule 2; for example, “unconditional discount” must be expressed as “guaranteed discount”, and “termination fee” must be shown as “exit fee” (Sch 2). Failing to follow the mandated wording or format may render a document non‑compliant.

6. Advertising and web link obligations

• If a retailer advertises a generally available plan, the prescribed statement giving the link to the basic plan information document must be included in a clear and legible way in the advertisement (s 9I). The link must be “clearly and prominently displayed” on the retailer’s website and immediately proximate to any sign‑up link (s 9G). For third party comparison websites, retailers must ensure the link is prominently displayed proximate to sign‑up or redirect links (s 9H). Practically this requires contractual arrangements with comparison providers and controls over agency advertising copy to ensure statements are present and accurate.

7. Agent identity and marketing identification numbers

• Agents must provide name of retailer and, in face‑to‑face contact, the first name and photograph of the person contacting the customer. Gas marketing agents must display their marketing identification number in face‑to‑face contacts and provide it on request for non‑face‑to‑face contacts (s 8). Retailers must assign unique marketing identification numbers to each agent (cl. 3 definition). Failure to display or record marketing identification numbers complicates the retailer’s ability to show it used “reasonable endeavours” to supervise agents in defence of vicarious liability.

8. Presumption of authority

• Clause 11 creates a presumption that someone marketing in the name of a retailer or agent is authorised or employed by them, unless the contrary is proved. This raises the evidentiary burden for retailers relying on subcontracting arrangements and requires tight contractual and operational segregation to rebut the presumption.

9. Penalty quantum in relation to conduct

• The fixed monetary penalties ($5,000 for individuals, $20,000 for bodies corporate) may be modest relative to the size of some retailers, which could create a risk calculation for organisations. However, the Code sits alongside other legal instruments that carry different remedies and penalties, so non‑compliance remains risky.

10. Record retention and ombudsman production timelines

• Agents must retain complaint records for at least two years and must provide nominated complaint information to the gas industry ombudsman within 28 days of request (ss 12-13). Practices that purge records earlier or that lack centralised complaint logs will struggle to comply with ombudsman requests.

11. Restricted plans and eligibility disclosures

• Schedule 1 requires eligibility criteria, metering requirements, any requirement to purchase bundled products, and whether Commonwealth concession cards are necessary to access a plan (Sch 1 cl. 2). Where plans are tailored or conditional, failing to disclose these restrictions on a basic plan information document may breach the Code.

12. Interaction with other legal rules

• The Code reminds users that other laws apply, such as spam and do‑not‑call rules, and that compliance programs must cover these overlapping obligations (note for Part 2). For example, a valid verifiable consent under the Code may not, by itself, discharge obligations under the Spam Act 2003 regarding electronic marketing consent.

Operationally, compliance requires a coordinated set of processes: agent onboarding and unique ID assignment, printed and digital identity cards for face‑to‑face staff, standardised PDF plan documents in the precise Schedule 1 order and Schedule 2 vocabulary, website and advertising controls to ensure link statements appear, procedures to obtain and record verifiable consent and confirmations (including loggable audio or written records), complaint capture and retention systems, and contractual clauses with third parties to secure correct link placement on comparison websites.

Compliance requires aligning sales, legal, web, marketing and customer service operations to the Code’s precise requirements. The following practical checklist maps Code provisions to concrete implementation steps. Each step cites the relevant clause or Schedule for traceability.

1. Governance and oversight

• Allocate a named compliance owner within the retailer responsible for Code compliance, including oversight of third party agents, contracts and web content (cl. 4; s 10(3) defence requires evidence of reasonable endeavours).
• Maintain written policies, training materials and supervision evidence to demonstrate “reasonable endeavours” (s 10(3)).

2. Agent management and identity systems

• Assign a unique marketing identification number to each gas marketing agent and record the assignment log (cl. 3 definition).
• Issue clearly visible, legible identity cards for face‑to‑face agents showing retailer name, agent first name and photograph, and marketing identification number, and ensure agents carry them during door‑to‑door or in‑person marketing (s 8(1)(a)(ii), (iii); s 8(2)).
• Include marketing ID and retailer details in scripts, email signatures, and telemarketing disclosures; on request provide the agent’s marketing ID number and retailer complaints number (s 8(1)(b)(i), (v)).

3. Contract execution and documentation workflows

• Implement immediate delivery or upload workflows to provide copies of standard form or non‑standard contracts at the point of sale, or to dispatch copies within five business days where the contract is concluded by telephone (ss 5(1)(b), 6(1)(b)). Log timestamps showing delivery.
• For non‑standard contracts, create a documented process to obtain verifiable consent and verifiable confirmation (s 6(1), 6(5); cl. 3 defs). Prefer written confirmations or recorded oral consents with secure storage and a linkage to the customer record.

4. Prescribed pre‑bill disclosures

• Ensure billing systems or customer onboarding workflows attach the mandatory information required before or at the time of the first bill, unless already given within 12 months or unless the customer has been informed how to obtain the information (ss 5(2)-(3), 6(3)-(4)). The required information includes how to obtain the Code and Compendium, tariffs, scope of the Code, hardship assistance, distributor emergency number, interpreter/hearing support numbers for residential customers, and complaint procedures (ss 5(2), 6(3)).

5. Basic plan information documents

• Prepare a basic plan information document in PDF for each generally available plan, including all Schedule 1 items and in the order specified, and display in black text on a white or lightly coloured background. Update the PDFs within five business days of plan publication or any change to the Schedule 1 information (cls 9B-9C, 9F).
• Ensure that Schedule 2 prohibited terms are not used and substitute the permitted terms where required (s 9D; Sch 2). For example, use “guaranteed discount” instead of “unconditional discount”, and “exit fee” instead of “termination fee”.
• Maintain a versioned repository of these PDFs to demonstrate timely publication and updates.

6. Website, advertising and third party arrangements

• Place a clear and prominent link to the basic plan information document on the retailer’s website proximate to any sign‑up link for the plan (s 9G). Ensure the link statement required in advertisements is included verbatim and is clear and legible (s 9I).
• Contractually require third party comparison websites that publish your plan information to display a prominently positioned link to the basic plan information document immediately proximate to sign‑up or redirect links (s 9H). Retain documentary evidence of the arrangements and periodic checks of third party displays.

7. Marketing content and comparative claims

• Update marketing templates, scripts and creative briefs to ensure comparative marketing claims comply with cls 6C-6F. For cooking, space heating and water heating claims, ensure the required comparator appliance is referenced where appropriate and that any cost claims are expressed relative to appliance output (cls 6C-6E).
• For environmental or greenhouse gas claims, restrict greenhouse gas figures to appliance‑use contexts and express CO2e per unit of appliance output where required; avoid reliance on the National Greenhouse and Energy Reporting (Measurement) Determination 2008 alone to claim a benefit (cl. 6F).
• Implement an internal approval workflow for any comparative or environmental marketing claims requiring legal sign‑off prior to publication.

8. Complaints capture and ombudsman cooperation

• Implement complaint logging systems capturing all complaints arising from marketing activity, with retention of records for at least two years from last contact (ss 12-13). Ensure the system allows extraction and secure transmission of complaint files to the gas industry ombudsman within 28 days of request (s 12).
• Train frontline staff on what constitutes a complaint under the Code’s definition and the procedure for recording it.

9. Accessibility and residential supports

• Ensure contact points for interpreter services and services for customers with speech or hearing impairment are included in communications to residential customers, and that concession eligibility information is provided as required (ss 5(2)(e), 5(2)(g), 6(3)(e), 6(3)(f)). Display the National Interpreter Symbol where telephone interpreter service details are provided (cl. 3 definition).

10. Recordkeeping and audit trail

• Maintain a complete audit trail of agent assignments, training completion, identity card issuance, contract delivery timestamps, verifiable consent/confirmation records, website and advertisement snapshots showing link statements, basic plan information document publication dates, complaint logs and ombudsman correspondence for at least two years (s 13; cls 9F-9I).
• Schedule periodic internal audits to test compliance with the Code’s technical requirements, particularly the basic plan document format and website link placement.

11. Third party contractual protections

• Insert compliance covenants, display location specifications and removal/rectification rights into contracts with comparison websites, marketing agencies and field sales agents to ensure retailers can require and evidence appropriate link placement and adherence to the basic plan information format and advertising statements (cls 9G-9I; s 8).

12. Evidence for “reasonable endeavours”

• Document training materials, agent spot checks, compliance checks, audit reports, contractual clauses and remedial actions as demonstrable measures of oversight to support a defence under s 10(3) should the retailer be prosecuted for agent breaches.

13. Coordination with other legal regimes

• Align recordkeeping and consent practices with Commonwealth privacy and communications laws. Obtain opt‑ins and maintain suppression lists in accordance with the Spam Act 2003 and Do Not Call Register Act 2006. Ensure oral or written verifiable consent protocols meet both Code and Commonwealth standards where applicable (note for Part 2).

By following a coordinated set of steps across operations, legal and IT, a retailer can create the documentary evidence and system controls needed to comply with the Code’s disclosure, consent and marketing standards, and to support the “reasonable endeavours” defence in enforcement scenarios. Regular reviews should be scheduled to reflect any future legislative amendments, including those reflected in the compilation table.