Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026

Nick McKim

I will be moving the amendments on sheets 3771 and 3772, circulated in the name of Senator Payman, on her behalf. Very quickly, the amendment on 3772 adds:

(e) requiring the consumer to provide information not directly relevant to a transaction (including requiring the creation of an account).

to the list of examples of conduct which subclause 28B(6) identifies as possibly constituting an unfair trading practice. The aim of that amendment is to prevent companies from requiring consumers to provide all their personal details to buy a single item from an online store—a very meritorious amendment from Senator Payman. The bill allows the government to set, through regulations, what information companies must provide to people with subscription contracts. The amendments on sheet 3771 would ensure that the regulations would require a subscription provider who offers an initial free period that eventually becomes paid to, three days prior to the end of the free trial, notify the consumer that the trial is ending, what the amount is that will be charged if they don't cancel and how they may cancel before being charged. Again, it's a very straightforward amendment that would protect consumers. These amendments are supported by the Australian Greens, and I seek leave to move the amendments together for Senator Payman.

Leave granted.

At the request of Senator Payman, I move Australia's Voice amendments (1) and (2) on sheet 3771 and amendment (1) on sheet 3772 together:

(1) Schedule 1, item 16, page 10 (after line 5), after the definition of excluded subscription contract, insert:

initial free period subscription contract means a subscription contract that meets the requirement in subsection 48B(5).

(2) Schedule 1, item 20, page 15 (after line 25), after subsection 48E(3), insert:

(3A) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, subsection 13(3) of the Legislation Act 2003 or subsections (1), (2) or (3) of this section, regulations made for the purposes of subsection (1) or (2) of this section must prescribe a requirement that 3 days prior to the expiry of the initial free period, a supplier that is a party to an initial free period subscription contract must notify the subscriber of the following:

(a) that the initial period will expire in 3 days;

(b) that the party will automatically incur liability to pay for the supply of goods or services under the contract after the expiration of the initial period;

(c) the amount of the liability;

(d) the party's right to end the contract before the liability is incurred;

(e) how the contract may be ended.

(1) Schedule 1, item 7, page 5 (line 16), at the end of subsection 28B(6), add:

; (e) requiring the consumer to provide information not directly relevant to a transaction (including requiring the creation of an account).

Tim Ayres

I thank Senator McKim for moving those amendments together on behalf of Senator Payman. The government will be opposing the amendments on sheet 3771. We understand and agree with the intent of the amendments. This bill ends subscription traps. Consumers should be notified before a free trial ends, and we're actively developing those requirements, but we believe these amendments are overly prescriptive and remove important and necessary flexibilities.

We will be opposing the amendment on sheet 3772 also. Requiring a consumer to create an account or provide information can often serve legitimate purposes, including improving security, facilitating legitimate transactions and enabling ongoing services. Those practices in and of themselves are not unfair.

On that basis, we urge the Senate to reject these amendments.

Slade Brockman

The question is that amendments on sheet 3772 and 3771 be agreed to.