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Legislation in schedules is amended or repealed according to its terms.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