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

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.