Question Time AU

Bill Debate · In Committee

Competition and Consumer Amendment (Responding to Exceptional Circumstances) Bill 2026; In Committee

Senate · Thursday 14 May 2026

Official Hansard for this day (APH) · Read this debate on OpenAustralia

At a glance

The debate focused on the retrospective application of competition law exemptions under the bill, specifically regarding conduct dating back to 1 April 2026. Senator Canavan questioned the necessity of retroactive powers and raised concerns about shielding potential anticompetitive behaviour from scrutiny. Minister Ayres defended the legislation, citing support from the ACCC and the need for rapid regulatory response during supply chain disruptions caused by international conflict. The discussion highlighted the balance between maintaining market competition and ensuring essential commodity supplies during crises.

Outcome

The transcript does not state the final result of the vote or amendment process.

Summary in reported speech - not a transcript. AI-generated, so check the official record before quoting.

How the debate unfolded

Opened the debate

Canavan expressed scepticism regarding the bill's retrospective provisions, particularly section 92E, which allowed exemptions from competition laws to apply to conduct occurring from 1 April 2026. Canavan argued that while supporting future measures to secure fuel and fertiliser supplies, there was no justification for exempting past conduct from review or penalty. Canavan questioned whether the ACCC had requested these powers and warned that the legislation could shield alleged anticompetitive behaviour that occurred during earlier commodity shortages.

Government response

Ayres stated that the ACCC supported the legislation and advocated for flexible powers to respond quickly to crises. Ayres explained that government departments and regulators had been coordinating with businesses since the outbreak of war in the Middle East to manage supply chains for fuel and other commodities. Ayres argued that retrospective provisions were necessary to allow effective cooperation during shocks, contrasting the current approach with the delays experienced during the COVID-19 pandemic. Ayres emphasised that the bill enabled the ACCC to act in the national interest to support industries reliant on diesel and fuel.