Guideline 1 (2022): Customers of white-label arrangements are entitled to all protections of the Energy Retail Code of Practice

Overview

Customers of white-label arrangements are entitled to receive the same protections under the Energy Retail Code of Practice (the code) as customers of more traditional retail arrangements. Where a licensed energy retailer arranges its plans under different brands, all plans must comply with the code’s customer protections.

White-label arrangements may confer on the non-licensed entity significant influence and control over the sale of electricity. Both licensees and non-licensees should consider whether the arrangement may result in the sale of energy without a licence or exemption. This is in contravention of section 16 of the Electricity Industry Act 2000 and section 22 of the Gas Industry Act 2001.