FED Energy Regulator Can Now Run Market Inquiries; AER Can Force Businesses to Hand Over Documents

Competition and Consumer Amendment (AER Inquiry Powers) Bill 2026

House of Representatives

Senate

Assent

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Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

The Australian Energy Regulator (AER) can now conduct inquiries into the supply of electricity, gas, and other fuels. This includes looking at competition and efficiency in markets like data centres, wholesale contracts, and consumer energy resources.
The Energy Minister can direct the AER to start an inquiry or approve an inquiry the AER wants to run. The Energy Minister can also give written directions on how the inquiry is conducted and whether the final report is made public.
The AER must give the Energy Minister a report after every inquiry. The AER must also give a copy of the report to any person or business that was the subject of the inquiry.
The AER can use its existing legal powers to force people or businesses to provide documents and information for these energy market inquiries. These powers can be used to collect information from international corporate groups connected to the Australian energy market.
The AER and the Australian Competition and Consumer Commission (ACCC) must share information with each other when requested, provided the information is not personal and is necessary for their work. The ACCC can refuse to share information if it believes the AER cannot keep the data secure.
The AER must tell the public when an inquiry starts and must directly notify any specific people or businesses involved. The AER must also share gathered information with relevant government departments and agencies.
Members of the AER have the same legal protection from personal lawsuits as a Justice of the High Court when they are carrying out an energy market inquiry.
The Crown is bound by these new energy inquiry rules but cannot be prosecuted for offences under these specific provisions. This protection does not apply to incorporated Commonwealth, State, or Territory authorities.