Unfair trading practices—exposure draft

Submission Date: 26 February 2026

The Law Council of Australia provided a submission to respond to the Treasury in relation to its consultation on an exposure draft of the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026 (the Draft Bill).

The Law Council would like to note, at the outset, the challenges in engaging with the material in light of the constrained timeframes in which to provide feedback. We reiterate concerns the Law Council has raised across numerous recent Australian Government consultations regarding the number of important consultations that are being rushed through without adequate time for input and consideration.¹

The Australian Government’s Office of Impact Analysis indicates 30–60 days is usually the appropriate period for effective consultation;² consultation on the Draft Bill was open for 14 days.

Insufficient consultation with civil society threatens the quality of law-making in Australia, risks delegitimising the parliamentary process, undermines stakeholder capacity to engage in a robust and considered way, and increases the potential for unintended consequences and the failure of the legislation to achieve its policy objectives.

^{1 See Law Council of Australia, 'A call for transparent and sensible lawmaking' (Media Release, 3 September 2025) <https://lawcouncil.au/media/media-releases/a-call-for-transparent-and-sensible-lawmaking>.
2 Office of Impact Analysis, Best Practice Consultation (Guidance Note, July 2023) 7. See also Law Council of Australia, Best Practice Legislative Development Checklist (Policy Statement, 21 July 2025). <https://oia.pmc.gov.au/sites/default/files/2023-08/best-practice-consultation.pdf>.}

Last Updated on 03/03/2026

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