competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.7
1 Subsection 6(3)
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.9
10 Subsection 224(3A) of Schedule 2
11 Paragraph 247(1)(a) of Schedule 2
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.10
Inserts a provision about unfair trading practices into Schedule 2
12 After subparagraph 248(1)(a)(ia) of Schedule 2
13 Subsection 251(1) of Schedule 2
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.11
References subsections for base price and transaction-based charge definitions.
14 Subsection 2(1) of Schedule 2
15 At the end of Division 4 of Part 3-1 of Schedule 2
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.14
Meets consumer and small business requirements.
16 Subsection 2(1) of Schedule 2
Repeal definition of standard form contract and substitute with new meaning.
17 Subsection 2(1) of Schedule 2 (definition of standard form
Defines subscriber in a contract for supply of goods or services.
18 Subsection 2(1) of Schedule 2
subscription contract: see subsection 48B(1)
Section does not apply for Division 4A purposes
19 At the end of section 27 of Schedule 2
Provisions of Part 2-4 of the Australian Consumer Law have an expanded effect.
2 After subsection 6(3A)
Provisions were confined in operation to specific services.
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.15
20 After Division 4 of Part 3-1 of Schedule 2
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.23
Review of operation of amendments made by this Part
21 Review of operation of amendments made by this Part
Obligation to review operation of amendments
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.25
22 In the appropriate position in Chapter 6 of Schedule 2
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.8
28B Unfair trading practices towards consumers
Prohibition on unfair trading practices towards consumers
28B(1) Unfair trading practices towards consumers
Engaging in unfair trading practices towards consumers is prohibited.
28B(2) Unfair trading practices towards consumers
Prohibits engaging in unfair trading practices towards consumers.
Exempts body corporate from unfair trading practices towards consumers.
28B(3) Unfair trading practices towards consumers
Exemption from unfair trading practices for businesses
28B(4) Unfair trading practices towards consumers
Evidential burden in proceedings for relying on subsections (3) or (4)
28B(5) Unfair trading practices towards consumers
Imposes a duty on the person to provide evidence
Examples of conduct that may be unfair trading practices towards consumers.
28B(6) Unfair trading practices towards consumers
Prohibits conduct that may be unfair trading practices towards consumers.
Nothing in Part 3-1 limits by implication this section.
28B(7) Unfair trading practices towards consumers
3 Subsection 6(4)
Section applies in relation to conduct occurring on or after commencement of Part 1 of Schedule 1.
311 Application—unfair trading practices
Section applies to conduct occurring on or after commencement.
312 Application—subscription contracts
Application of sections to subscription contracts
312(1) Application—subscription contracts
Section applies between commencement of Part 3 and contract entry
(1) Sections 48B, 48E and 48F apply in relation to a contract...
Section applies to contracts entered into on or after commencement of Part 3
Sections 48B, 48E and 48F apply to contracts renewed, extended or continued after commencement.
312(2) Application—subscription contracts
Commencement >= Start date of renewal/extension/continuation.
Commencement is greater than or equal to the start date of renewal/extension/continuation.
Start date of renewal/extension/continuation
Commencement implies applicability of sections 48B, 48E and 48F.
Variation implies applicability of sections 48B, 48E and 48F.
Renewal/extension/continuation <= End date of variation.
Renewal/extension/continuation is less than or equal to the end date of variation.
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.26
313 Acquisition of property
Exemptions from sections 28B, 48E and 48F
313(1) Acquisition of property
Defines acquisition of property and just terms.
313(2) Acquisition of property
4 After paragraph 134A(2)(a)
48A Transaction based charges to be displayed in certain
Goods or services must be displayed in certain transactions.
48A(1) Transaction based charges to be displayed in certain
Temporal interval for transactions based on goods or services
(1) This section applies in relation to goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption.
Artificial intelligence application for transactions based on goods or services
Diffusion of transactions based on goods or services
Display transaction based charge information
48A(2) Transaction based charges to be displayed in certain
Must display transaction based charge information
Classification of transaction based charges
48B Subscription contracts
A contract is a subscription contract if it meets the requirement in subsections (2), (3), (5) or (6); and is not an excluded subscription contract.
48B(1) Subscription contracts
recurring supply of goods or services; automatic liability to pay; right to end the contract
Contract must provide for recurring supply, automatic liability, and right to end the contract.
48B(2) Subscription contracts
(a) supply of goods or services in a fixed period, (b) supply of goods or services to continue after the end of the fixed period, (c) a person to automatically incur liability to pay for supplies or continuing supply, and (d) a right for that person to end the contract.
Contract terms must provide for automatic liability and termination rights.
48B(3) Subscription contracts
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.16
48C Excluded subscription contracts
48C(1) Excluded subscription contracts
Prescribes circumstances for a kind of contract to be considered prescribed.
48C(2) Excluded subscription contracts
...regulations may prescribe the following:
Defines temporal intervals for regulation purposes.
(2) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901 or paragraph (1)(g) of this section, regulations made for the purposes of that paragraph may prescribe...
Imposes obligation on the state to regulate contracts.
...that a kind of contract is a prescribed kind of contract only in specified circumstances;
Classifies contracts into specified circumstances.
...different circumstances for different kinds of contract.
Classifies contracts into different circumstances.
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.17
48D Statement and information that must be disclosed when
Disclosure of statement and information when offering goods or services in trade or commerce.
48D(1) Statement and information that must be disclosed when
Obligation to disclose statement and information.
Supplier must disclose certain information when making an offer.
48D(2) Statement and information that must be disclosed when
Disclosure of statement and information when goods or services are prescribed for the purposes of this paragraph.
48D(3) Statement and information that must be disclosed when
Obligation to disclose statement and information
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.18
48E Information to be given in relation to subscription contracts in
Must provide information to subscribers at each time prescribed.
48E(1) Information to be given in relation to subscription contracts in
Information must be given in a legible, prominent and unambiguous way.
48E(2) Information to be given in relation to subscription contracts in
Regulations may prescribe specific information for subscription contracts.
48E(3) Information to be given in relation to subscription contracts in
(a) all subscription contracts or a class of subscription contract;
Exemption from subsection (1) for specified circumstances
48E(4) Information to be given in relation to subscription contracts in
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.20
48F Exit method
Must provide a way for the subscriber to end the contract and ensure it is easy, straightforward, and reasonably necessary.
48F(1) Exit method
Must provide a way for the subscriber to end the contract.
Permits online entry into a contract for subscription contracts.
48F(2) Exit method
Describes the temporal relationship between the provision and its applicability.
Exempts certain circumstances from the application of subsection (1)
48F(3) Exit method
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.21
48G Meeting the consumer requirement or the small business
Contract meets consumer requirement if it is for personal, domestic or household use.
48G(1) Meeting the consumer requirement or the small business
The provision specifies a temporal interval for personal, domestic or household use.
(1) A contract meets the consumer requirement if it is a contract for supply of goods or services...
The provision recognizes personal, domestic or household use.
Contract meets the consumer requirement.
The provision diffuses the concept of personal, domestic or household use.
The provision specifies recurring personal, domestic or household use.
Contract meets small business requirement if subscriber employs fewer than 100 persons and turnover is less than $10,000,000.
48G(2) Meeting the consumer requirement or the small business
Contract made at time when subscriber employs fewer than 100 persons.
(i) the subscriber makes the contract in the course of carrying on a business...
(2) A contract meets the small business requirement...
(a) it is a standard form contract for supply of goods or services;
Contract meets small business requirement if subscriber's turnover is less than $10,000,000.
(ii) the subscriber’s turnover, worked out under subsection (4)...
Contract meets small business requirement if subscriber employs fewer than 100 persons.
Contract made at time when subscriber's turnover is less than $10,000,000.
Employment counting rules for the purposes of subparagraph (2)(b)(i)
48G(3) Meeting the consumer requirement or the small business
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.22
48H Standard form contracts for the purposes of this Division
48H(1) Standard form contracts for the purposes of this Division
Court must consider specific factors when determining if a contract is standard form.
48H(2) Standard form contracts for the purposes of this Division
Contract may be a standard form contract despite minor negotiation opportunities.
48H(3) Standard form contracts for the purposes of this Division
Contract obligations are imposed by the state.
Terms required or permitted by law for contracts
48H(4) Standard form contracts for the purposes of this Division
(4) For the purposes of paragraphs (2)(d), (e) and (f),
(a) a term required, or expressly permitted, by a law of the Commonwealth or of a State or Territory;
(b) a term included in the contract, or taken to be so included, by operation of a law of the Commonwealth, or of a State or Territory,
5 Section 134C (after table item 1)
Mandatory reference to subsection 28B(2) for unfair trading practices.
6 Subsection 2(1) of Schedule 2
Add at the end of Chapter 2 of Schedule 2
7 At the end of Chapter 2 of Schedule 2
Insert provision about unfair trading practices
8 After subparagraph 224(1)(a)(iia) of Schedule 2
Inserts a provision of Part 2-4 with a specific amount.
9 Subsection 224(3) of Schedule 2 (after table row 2A)
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.5
1 Short title
competition-and-consumer-amendment-unfair-trading-practices-act-2026.pdf, p.6
1 Section 1
1 July 2027.
1 July 2027
The Act is the Competition and Consumer Amendment (Unfair Trading Practices) Act 2026.
2 Commencement
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
An Act to amend the Competition and Consumer Act 2010, and for related purposes
Competition and Consumer Amendment (Unfair Trading Practices) Act 2026