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ARTICLE · 20 FEBRUARY 2026

Detail of unfair trading practices prohibitions released

Piper Alderman
Piper Alderman
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Treasury has now released an exposure draft of amendments to the Australian Consumer Law to address certain unfair trading practices.

AustraliaConsumer Protection
David Starkoff
David Starkoff
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For over 6 years the Australian Competition and Consumer Commission has been agitating for specific legislative provisions prohibiting unfair trading practices. Following public consultation by Treasury in 2023, further consultation in 2024, and the issuing of a Decision Regulation Impact Statement in December 2025, Treasury has now released an exposure draft of amendments to the Australian Consumer Law to address certain unfair trading practices.

The exposure draft legislation published by Treasury does not include a general prohibition unfair trading practices (à la the prohibitions against unfair contract terms and unconscionable conduct, and as foreshadowed during earlier consultation), but instead focuses on 4 separate types of conduct, set out below. It is proposed that the prohibitions will commence on 1 July 2027.

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