Consumers say regulators must 'lift their game' after solar battery delays

Lux Solar investigated by watchdog as consumers claim they were ripped off In short: Consumers are raising concerns about the conduct of some companies selling and installing batteries under the federal government's Cheaper Home Batteries Program. There has also been a spike in complaints to federal and state watchdogs. What's next? A government spokesperson said it had empowered the Clean Energy Regulator to monitor the industry closely. After waiting a year for a battery system that never showed up, Bob Emery's frustration boiled over. He claims the installer, Lux Solar, "can't be trusted". Mr Emery paid a $1,000 deposit last October for a 48kwh system which he hoped would slash his power bills at his Perth home. After lengthy delays, he unsuccessfully requested a refund. The retired electrician also pursued his case with a consumer protection body and industry groups without resolution. "There are cowboys out there that are ripping people off and it is just not good enough,"Mr Emery said. He joins a growing number of customers raising concerns about the conduct of some companies selling and installing batteries under the federal government's Cheaper Home Batteries Program. The program has sparked unprecedented demand, with more than 530,000 batteries installed since July 2025. Over four years, the scheme has covered estimated costs of more than $7.2 billion. There has also been a spike in complaints to federal and state watchdogs with the NSW energy and water ombudsman saying complaints in that jurisdiction had doubled since last year. The Australian Competition and Consumer Commission (ACCC) has several investigations underway and South Australia has announced a crackdown on "dodgy solar companies". Queensland's Office of Fair Trading confirmed Lux Solar is under investigation. It is the second solar company in as many months being probed for allegedly charging customers for deposits to install battery systems under the federal scheme that were never delivered. In June, Lux Solar was kicked out of the voluntary industry-run consumer protection scheme, the New Energy Tech Consumer Code (NETCC) for "major failures," including continuing to take payments without showing it could deliver the systems. The company has continued to advertise itself as an "approved seller" on its website, despite the Clean Energy Council requesting that wording be removed. Consumer advocate and CEO of the Consumer Policy Research Centre, Erin Turner, has called for the ad to be investigated. "That's really potentially misleading and I hope a regulator looks at it because that's a part of the consumer law where we can see really significant court actions with fines of up to $100 million," Ms Turner said. 'I don't have any trust in anyone installing it' In November 2025, Mr Emery was told the installation of his battery system was two to four weeks away. Two months later there was still no progress, so he emailed the salesman and asked for a refund. Again, he was told the "install team" would make contact within a week or two. Mr Emery grew alarmed when the salesman stopped answering his calls and voice messages with Lux Solar weren't returned. "I realised I've blown my thousand dollars, so I started looking at government agencies that might be able to help." Lux Solar is based in Western Australia but also operates in Queensland and New South Wales. Mr Emery made a complaint to Consumer Protection WA but the watchdog said it was up to him to take the matter to court. "The government bodies need to lift their game," he said. "It's put me off the whole (federal battery) program, I don't have any trust in anyone installing it," he said. His frustration is shared by Brisbane man Justin Albin and his Queensland work colleague who both waited about a year after paying deposits to Lux Solar last October. In January, a salesman told Mr Albin there had been "some installer issues" but he would get his system as promised. He received an email which said Lux Solar had more installation teams "ramping back up" and confirmation would come soon. He sent a legal letter demanding Lux Solar install the system or he would start court proceedings. Lux Solar offered him a refund which he rejected. If he chose another battery installer now it would be at a reduced rebate. He also said it failed to account for his lost power bill savings and money he could have made selling power back to the grid. The company sent him a revised proposal last week. It wants to put in five batteries instead of three requiring Mr Albin to change timber boards on the front of his home to bear the extra weight. "They're trying to make best endeavours, but given the communication in the past … I'm still not 100 per cent sure that they'll actually deliver." There has been growing pressure to expand access to dispute resolution for solar and battery customers by allowing them access to ombudsman schemes. Ms Turner said she was concerned the Cheaper Home Batteries Program was appealing to businesses attracted to the "honey-pot". She said consumer protection agencies don't have sufficient powers to force a business to act or punish them. "There's no penalties for when companies don't deliver on these promises," she said. "It leaves people stuck. "We've got a law without any backup, without any teeth, so it's inevitable that you'll see companies continue to do the wrong thing." Under Australian consumer law, products like solar batteries must be supplied within a reasonable time or customers can seek a refund. Individuals who fail to supply them can be fined a maximum of $2.5 million, while for a company, the penalties can be significantly higher. Consumer Protection WA said impacted customers should contact them and this year it had conciliated cases and investigated matters involving solar and battery companies. Lux Solar was also fined $25,000 after a Workcover WA investigation found it had failed to insure and did not comply with an inspector. The New South Wales watchdog, the Building Commission, said it had previously taken action against Lux Solar after the company engaged in unlicensed activity and Home Building Compensation Fund insurance. Lux Solar and the company director were fined a total of $6,750. The federal watchdog, the Clean Energy Regulator, said it received four referrals about Lux Solar but none related to the creation of small-scale technology certificates which was its primary responsibility. The taxpayer rebate can only be claimed after providing photos of the installation at the customer's home. The ABC requested an interview with Lux Solar and sent the company written questions but did not receive a response. In a statement Energy Minister Chris Bowen said the Clean Energy Regulator has been empowered to monitor the industry closely and the number of battery installations were much higher than the associated rise in complaints.