Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026

Slade Brockman

I would ask all senators to remain in the chamber. More divisions are imminent. However, I will allow a four-minute bell if there is a change of voting positions. I'm in the hands of the chamber.

Matthew Canavan

I'll be brief so we can get to those divisions. I seek leave to move the opposition amendments on sheet 3913 together.

Leave granted.

I move opposition amendments (1), (2) and (3) on sheet 3913 together:

(1) Schedule 1, item 22, page 21 (line 10), before "Section 28B", insert "(1)".

(2) Schedule 1, item 22, page 21 (line 11), after "conduct", insert "(other than conduct of a small business operator)".

(3) Schedule 1, item 22, page 21 (after line 14), at the end of section 311, add:

(2) Section 28B, inserted by the Competition and Consumer Amendment (Unfair Trading Practices) Act 2026, applies in relation to conduct of a small business operator that occurs on or after 1 July 2030, whether in connection with a supply or an offer to supply made before, on or after that day.

(3) In this section:

annual turnover has the same meaning as in the Corporations Act 2001.

related body corporate has the same meaning as in the Corporations Act 2001.

small business operator has the same meaning as in section 58AH.

I'll just briefly explain to the chamber that these amendments would seek to defer the application of these new laws till 2030 for small businesses. I explained in my speech on the second reading that, to me and to us in the Liberal Party and the National Party, it seems logical that, given the significant change here, it would be better to see any teething issues be worked out with those larger entities that have the resources to do so, and that small businesses should be given time to adjust.

Tim Ayres

I indicate that, as outlined, the government will be opposing the amendment. Of course, almost all small businesses are doing absolutely the right thing and treating customers fairly. The government's view is that a blanket exemption for small businesses until 2030 would create loopholes and undermine a consistent approach across the economy, and that would leave consumers exposed to harmful conduct for years and risk giving some small businesses using unfair practices an advantage over the majority who are competing fairly.

Small businesses will have time and support to adjust, with a 12-month transition period before the obligations commence. And the ACCC will take an education-first approach, providing guidance and practical assistance to help businesses understand and meet their obligations.

Slade Brockman

The question is that amendments (1) to (3) sheet 3913 be agreed to.