EnergyAustralia has admitted breaching the Electricity Retail Code by failing to make the Solar Sharer Offer available to eligible households from 1 July 2026.
The Australian Competition and Consumer Commission (ACCC), the federal competition and consumer regulator, announced on 3 August that it had accepted a court-enforceable undertaking from the company.
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EnergyAustralia made the Solar Sharer Offer available to consumers on the same day the undertaking was accepted, 33 days after the required start date. For readers unaware, the Solar Sharer Offer is an opt-in electricity plan that provides Australian households with access to three hours of free electricity daily.
ACCC Commissioner Anna Brakey said the delay had denied eligible customers the opportunity to access the plan from launch.
“EnergyAustralia’s delay in offering the plan initially denied current and prospective consumers the opportunity to access this plan and take advantage of the benefits available,” she said.
“As one of the country’s largest energy retailers, we expect EnergyAustralia to have better systems and processes in place to meet its legal obligations.”
EnergyAustralia is one of Australia’s largest electricity retailers with 1.6 million customers across eastern Australia.
Under the undertaking, the company has committed to continuing to offer the Solar Sharer Offer, reporting to the ACCC and the Australian Energy Regulator (AER) on its compliance, training staff to assist customers enquiring about the plan, and publishing a notice about the undertaking on its website.
This is not the first time EnergyAustralia has faced regulatory action over the Electricity Retail Code. In September 2024, the Federal Court ordered the company to pay AU$14 million (US$9.87 million) in penalties for breaching the code and the Australian Consumer Law.
What the Solar Sharer Offer requires
The Solar Sharer Offer was mandated through the Electricity Retail Code, a mandatory industry code under the Competition and Consumer Act.
Retailers with more than 1,000 customers in Default Market Offer areas were required to make the offer available to eligible households with smart meters from 1 July 2026.
As PV Tech reported when the offer launched, the scheme gives eligible households three hours of free electricity per day during peak solar generation.
The free electricity window is timed to coincide with peak solar output and varies by network. In New South Wales and South East Queensland, the free period runs from 11:00 to 14:00, on the Ausgrid, Endeavour, Essential and Energex networks.
In South Australia, the SA Power Networks system runs from 12:00 to 15:00. Households can access up to 24kWh of free electricity during the three-hour window each day.
Electricity used outside the window and the daily supply charge still apply, and charges may apply if consumption during the free period exceeds the 24kWh cap. Participants need a smart meter to access time-based billing.
The 24kWh daily cap was added to the scheme’s design following consultation.
The offer is available to both renters and homeowners. Participants do not need rooftop solar modules installed.
The scheme was first mandated by the Australian government in November 2025, framed as a way to share the benefits of Australia’s growing midday solar surplus with households that cannot access rooftop solar directly.
The ACCC said it was continuing to closely monitor all retailers’ compliance with the Solar Sharer Offer requirements, signalling that enforcement attention on the scheme remains active beyond the EnergyAustralia case.
