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ARTICLE · 30 MARCH 2020

Energy market misconduct prohibitions, effective in June 2020

Norton Rose Fulbright Australia
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The ACCC has also published a draft guideline ("Guidelines on Part XICA - Prohibited conduct in the energy market").

AustraliaEnergy and Natural Resources
Claire Forster
Claire Forster
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The 'big stick' is raised

The new Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Act 2019 (Cth), sometimes referred to as the government's "big stick" energy law will take effect on 10 June 2020.

The Act has not been well received in some quarters. Lawyers and businesses are unsettled by the level of potential government intervention and the imposition of strict, yet vague, conduct requirements on a discrete sector, rather than seeking to solve the structural and market settings that could organically facilitate the outcomes sought to be achieved. Moreover, many of the concepts duplicate prohibitions that already exist across the competition, consumer and energy law frameworks.

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