Question Time AU

Bill Debate · In Committee

Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026; In Committee

Senate · Wednesday 1 July 2026

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

At a glance

The Senate debated two amendments moved by Senator Canavan to clarify the definition of unfair conduct in the bill. The amendments sought to insert the word 'unfairly' before 'manipulate' and 'material' before 'detriment' to ensure penalties only applied to significant harms. The government, represented by Minister Ayres, opposed the changes, arguing that qualifiers would weaken consumer protections and that the existing terms were sufficiently clear. Senator Scarr supported the amendments, citing advice from the Law Council of Australia regarding the need for a materiality threshold. The debate concluded with progress reported before a final vote was recorded.

Outcome

Progress was reported on the consideration in committee of the bill.

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

How the debate unfolded

Opened the debate

Canavan moved amendments to insert 'unfairly' before 'manipulate' and 'material' before 'detriment' in Schedule 1 of the bill. Canavan argued that these changes would clarify that the legislation targeted malicious manipulation rather than standard competitive marketplace practices. Canavan stated that adding 'material' would ensure penalties were only triggered when there was significant harm to consumers, consistent with other competition law provisions. Canavan expressed concern that the current drafting could penalise minor detriments, such as wasted time, which might not constitute substantial harm.

Government response

Ayres opposed the amendments, stating that adding qualifiers to 'manipulate' would narrow the prohibition and reduce consumer protection. Ayres noted that the ACCC supported removing such qualifiers because 'manipulate' already carries a clear negative meaning distinct from legitimate marketing. Ayres argued that introducing a materiality threshold for detriment would leave harmful conduct, including wasted time and loss of confidence, outside the scope of the law. Ayres clarified that the legislation required both manipulation and harm to be established, describing this as a two-stage test.