Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026

Senator AYRES (New South Wales—Minister for Industry and Innovation and Minister for Science) (10:36): As I indicated in response to previous questions and around the amendment that was just dealt with, the government's approach in terms of financial services more broadly is as I described. In relation to lead generation, it is the government's approach here, informed by advice, including from the ACCC, that, where conduct breaches the general prohibition, that is capable of capturing the key harms that, Senator McKim, your amendment seeks to address.

That will ultimately be a matter for the courts and the regulators to determine. The framework is supported by the grey list, which already includes conduct such as disclosing material information in a complex, unclear or untimely way, which directly addresses the problematic practices that can occur in some lead generation models. It's our view that a prohibition on lead generation would include prohibiting some practices that are not inherently harmful.

That is, there is lead generation behaviour of the sorts that you are describing that are harmful and are constructed in a complex way that misleads consumers, but not all of that behaviour that's captured by lead generation does that work. It is our view, informed by advice, that the general prohibition that's outlined deals effectively with that kind of behaviour.

It will, as I say, ultimately be a matter for the courts, and we'll be watching those developments closely.