competition-and-consumer-amendment-responding-to-exceptional-circumstances-act-2026.pdf, p.7
1 Subparagraph 90(7)(b)(ii)
2 Paragraph 90(7)(c)
3 Subsection 90(9A)
4 After Division 1 of Part VII of Chapter 6
competition-and-consumer-amendment-responding-to-exceptional-circumstances-act-2026.pdf, p.12
Exceptional circumstances exemption powers
5 At the end of Division 3 of Part VII of Chapter 6
competition-and-consumer-amendment-responding-to-exceptional-circumstances-act-2026.pdf, p.15
6 At the end of Part VII of Chapter 6
competition-and-consumer-amendment-responding-to-exceptional-circumstances-act-2026.pdf, p.17
Reference to authorisation under this Division is required.
7 At the end of subsection 87ZP
Reference in this Division to an authorisation is a reference to an authorisation under this Division.
8 Section 10 (paragraph (k) of the definition of national
92A Definitions
Defines business day as a day not being a Saturday, Sunday or public holiday in the Australian Capital Territory.
92A(1) Definitions
Defines a term with a specific meaning in a formal ontology
92A(2) Definitions
competition-and-consumer-amendment-responding-to-exceptional-circumstances-act-2026.pdf, p.8
92B Commission may grant authorisations in exceptional
Commission may grant authorisation to engage in conduct specified in the authorisation.
92B(1) Commission may grant authorisations in exceptional
Commission may grant authorisations in exceptional circumstances.
92B(2) Commission may grant authorisations in exceptional
Commission may specify conditions in the authorisation.
92B(3) Commission may grant authorisations in exceptional
Commission may require approval before engaging in certain conduct.
92B(4) Commission may grant authorisations in exceptional
Commission may grant separate authorisations for any of the conduct.
92B(5) Commission may grant authorisations in exceptional
Commission may grant authorisation for conduct engaged before the Commission decided the application.
92B(6) Commission may grant authorisations in exceptional
Applicant may withdraw application at any time.
92B(7) Commission may grant authorisations in exceptional
Form, prescribed documents, and statement of application under Division
competition-and-consumer-amendment-responding-to-exceptional-circumstances-act-2026.pdf, p.9
Application must be in approved form with required information and documents.
92C Procedure for applications
92D Determination of applications
Granting or dismissing an application for authorisation
92D(1) Determination of applications
List of declarations that are subject to this section.
92D(2) Determination of applications
Commission must be satisfied that conduct would assist in response to exceptional circumstances.
92D(3) Determination of applications
92D(4) Determination of applications
competition-and-consumer-amendment-responding-to-exceptional-circumstances-act-2026.pdf, p.10
92E Period for which authorisations remain in force
92F Variation of authorisations
Commission may vary an authorisation under this Division if it considers it appropriate.
92F(1) Variation of authorisations
Commission must ensure conduct assists in response to exceptional circumstances.
92F(2) Variation of authorisations
Must consider public benefit and detriment when making a determination.
92F(3) Variation of authorisations
Obligation to consider public benefit and detriment.
written notice stating the variation and its details
Commission must notify applicant of variation to authorisation.
92F(4) Variation of authorisations
Variation takes effect on the business day after notice is given.
92F(5) Variation of authorisations
competition-and-consumer-amendment-responding-to-exceptional-circumstances-act-2026.pdf, p.11
Revocation of authorisation under this Division
92G Revocation of authorisations
Defines temporal interval for revocation of authorisation
(1) The Commission may, at any time, revoke an authorisation under this Division...
Provides justification for revoking authorisation
(a) the conduct would not assist, or would not be likely to assist,...
92H Register of applications and proposals
Maintain a register of applications and proposals
92H(1) Register of applications and proposals
The register must include the statement of reasons given by the Commissioner for a determination.
92H(2) Register of applications and proposals
Conditional delay in registering applications and proposals
92H(3) Register of applications and proposals
competition-and-consumer-amendment-responding-to-exceptional-circumstances-act-2026.pdf, p.13
95AC Exceptional circumstances class exemptions
Commission may exempt conduct from certain provisions under exceptional circumstances.
95AC(1) Exceptional circumstances class exemptions
Exceptions to declarations under section 95AE and national emergency declaration
95AC(2) Exceptional circumstances class exemptions
95AC(3) Exceptional circumstances class exemptions
Conduct must assist in response to exceptional circumstances.
Consideration of public benefit and detriment in exceptional circumstances determinations.
95AC(4) Exceptional circumstances class exemptions
Consideration during exceptional circumstances.
(4) In making a determination under subsection (1), the Commission:
Consideration of public benefit and detriment.
Commission may specify limitations in determination
95AC(5) Exceptional circumstances class exemptions
Approval of Commission required before engaging in certain conduct.
95AC(6) Exceptional circumstances class exemptions
Requires Commission approval between engagement and conduct.
(6) Without limiting paragraph (5)(c), a condition may include a requirement to obtain the approval of the Commission before engaging in certain conduct.
Requires CogAI system to provide Commission approval information.
Requires diffusion of information about Commission approval.
Exceptional circumstances class exemptions
95AC(7) Exceptional circumstances class exemptions
competition-and-consumer-amendment-responding-to-exceptional-circumstances-act-2026.pdf, p.14
95AD Commission may withdraw the benefit of exceptional
Commission may withdraw the benefit of exceptional circumstances exemption powers.
95AD(1) Commission may withdraw the benefit of exceptional
conduct of that kind would not assist, or would not be likely to assist, in the response to or recovery from the exceptional circumstances or emergency specified in the determination;
Prohibits conduct that would not assist in response to exceptional circumstances.
(a) a determination in force under section 95AC specifies a kind of conduct;
Commission must provide written statement of reasons for notice.
95AD(2) Commission may withdraw the benefit of exceptional
Determination does not apply to conduct engaged in by person while notice is in force.
95AD(3) Commission may withdraw the benefit of exceptional
Temporal overlap between determination and conduct engaged in while notice is in force.
(3) While a notice under subsection (1) is in force, the determination does not apply to the conduct specified in the notice engaged in by the person.
Recognition of obligation as a cognitive entity.
Exclusion of determination from conduct engaged in while notice is in force.
Diffusion of obligation from State to person.
Repeating pattern of determination and conduct engaged in while notice is in force.
Notice under subsection (1) ceases to be in force at the earlier of two times.
95AD(4) Commission may withdraw the benefit of exceptional
...the day after the day the Commission gives the person the written notice;
Temporal interval during which the notice is in force
...the time the determination under section 95AC ceases to become in force.
Ceases to be in force at the earlier of two times.
95AE Minister may declare exceptional circumstances
The Minister may declare exceptional circumstances under this section.
95AE(1) Minister may declare exceptional circumstances
Declaration of exceptional circumstances is an obligation.
Declaration under subsection (1) is in force for the period specified in Schedule 1.
95AE(2) Minister may declare exceptional circumstances
competition-and-consumer-amendment-responding-to-exceptional-circumstances-act-2026.pdf, p.16
95AF Extension of declaration of exceptional circumstances
Minister may extend declaration of exceptional circumstances
95AF(1) Extension of declaration of exceptional circumstances
Minister has the power to extend a declaration
The Minister may extend the operation of an order more than once, but each period of extension must not exceed 3 months.
95AF(2) Extension of declaration of exceptional circumstances
The Minister has the power to extend the operation of an order.
Each period of extension must not exceed 3 months.
competition-and-consumer-amendment-responding-to-exceptional-circumstances-act-2026.pdf, p.18
Repeal of subsection and substitution with new provision
1 Subsection 51ACF(2)
Substitute industry covered by subsection (2AA)
2 Subsection 51AE(2)
List of industries covered by subsection 51AE(2)
3 After subsection 51AE(2)
Omit specific phrases from the Oil Code of Conduct
4 Subsection 51AE(2A)
competition-and-consumer-amendment-responding-to-exceptional-circumstances-act-2026.pdf, p.19
Substitute industry covered by paragraph (2AA)(a)
5 Subparagraph 51AE(2A)(c)(i)
Omit specific phrase from industry definition
6 Subparagraph 51AE(2A)(c)(ii)
Amendments apply on or after commencement day
7 Application of amendments
competition-and-consumer-amendment-responding-to-exceptional-circumstances-act-2026.pdf, p.6
1 Short title
1 Section 1
2 Commencement
The day after this Act receives the Royal Assent.
2 Section 2
26 May 2026
27 May 2026
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
An Act to amend the Competition and Consumer Act 2010 and the National Emergency Declaration Act 2020, and for related purposes
Competition and Consumer Amendment (Responding to Exceptional Circumstances) Act 2026