Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026

Senator AYRES (New South Wales—Minister for Industry and Innovation and Minister for Science) (12:08): The government will be opposing the amendments on sheet 3912. The inquiry heard evidence that adding a qualifier before 'manipulate' risks narrowing the prohibition in ways that would reduce consumer protection. The ACCC supported removing 'unreasonably' as a qualifier in front of 'manipulate' for that very reason. 'Manipulate' already has a clear negative meaning and goes beyond legitimate persuasion or ordinary marketing activity.

There are no ways where it is appropriate or reasonable to manipulate a consumer. Adding a qualifier does imply that some consumer manipulation is acceptable. The government also opposes inserting a limitation before 'detriment' for very similar reasons.

The bill is intended to address real consumer harm, including harm such as wasted time, frustration and a loss of confidence. Introducing these qualifiers weakens the very purpose of the reform, leaving conduct that is harmful to consumers outside the scope of the prohibition.