Section 153ECompetition and Consumer Act 2010 (Cth)

Prohibited conduct—retail pricing

(1) A corporation contravenes this section if:

(a) the corporation offers to supply electricity, or supplies electricity, to small customers; and

(b) the corporation fails to make reasonable adjustments to the price of those offers, or to the price of those supplies, to reflect sustained and substantial reductions in its underlying cost of procuring electricity.

Note 1: The Treasurer cannot make a contracting order in respect of a contravention of this section (see paragraph 153W(e)).

Note 2: The Treasurer cannot apply for a divestiture order in respect of a contravention of this section (see paragraph 153ZA(e)).

(2) Despite subsection (1), the corporation does not contravene this section if the price is a standing offer price (within the meaning of the Competition and Consumer (Industry Code—Electricity Retail) Regulations 2019).

(3) Despite subsection (1), the corporation does not contravene this section if the adjustments would contravene:

(a) an Act of the Commonwealth, a State or a Territory; or

(b) an instrument made under such an Act.

Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

Research how courts apply s 153E

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.

Try BriefBridge free