Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026

Senator AYRES (New South Wales—Minister for Industry and Innovation and Minister for Science) (11:55): I want to thank the senators who have contributed to this debate. The Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026 amends the Australian Consumer Law by introducing a general prohibition on unfair trading practices alongside targeted reforms to address subscription traps and drip pricing.

I want to thank the Senate Economics Legislation Committee for their consideration of the bill and all of the stakeholders who contributed to the inquiry. The committee made five recommendations, including that the Senate pass the bill. Recommendation 1 seeks that the government consider whether further clarification of section 28B is needed.

The government notes this recommendation. The formulation is intentional. It captures harmful and emerging conduct while preserving flexibility, with courts providing clarity over time.

Recommendation 2 suggests expanding the examples in subsection 28B(6). The government notes this recommendation to the 'grey list' plays an important role but is designed to remain illustrative, ensuring the framework stays adaptable as practices evolve. The government will monitor whether additional examples are needed over time.

Recommendation 3 encourages additional ACCC guidance. The government supports this recommendation and has provided funding for guidance and education to assist businesses, particularly small businesses, to comply. Recommendation 4 relates to financial services.

The government notes this recommendation too and is taking a staged approach—first consulting on extending protections to small business and franchisees and then considering application to financial services, to ensure reforms are appropriately tailored to that complex sector. These reforms will not only protect consumers but also promote better functioning markets where good and honest businesses are not undercut by competitors who rely on tracks, manipulation and unnecessary complexity.

I commend the bill to the Senate. The DEPUTY PRESIDENT: The question is that the second reading amendment moved by Senator Bell be agreed to.