Competition and Consumer (Exceptional Circumstances Class Exemption—Global Supply Chain Disruptions) Determination (No. 1) 2026

Administered by Department of the Treasury

Legislation au F2026L00832 In force Legislative Instrument

Legislation content

Explanatory Statement

Competition and Consumer (Exceptional Circumstances Class Exemption – Global Supply Chain Disruptions) Determination (No. 1) 2026

 

 

 

 

 

Prepared by the Australian Competition and Consumer Commission

 

 

 

 

Explanatory Statement – Competition and Consumer (Exceptional Circumstances Class Exemption – Global Supply Chain Disruptions) Determination (No. 1) 2026

Authority

  1.              This Competition and Consumer (Exceptional Circumstances Class Exemption – Global Supply Chain Disruptions) Determination (No. 1) 2026 (the Determination) is made under section 95AC of the Competition and Consumer Act 2010 (Cth) (the CCA).[1]
  2.              Section 95AC(1) of the CCA provides that if a declaration under section 95AE or within the meaning of the National Emergency Declaration Act 2020 is in force, the Australian Competition and Consumer Commission (ACCC) may make a determination that one or more specified provisions of Division 1 or 2 of Part IV of the CCA (i.e., the competition prohibitions) do not apply to conduct of a specified kind.
  3.              The ACCC must not make a determination under section 95AC (referred to in this Explanatory Statement as a class exemption) unless it is satisfied in all the circumstances that the specified conduct would assist or be likely to assist in the response to or recovery from the exceptional circumstances or emergency to which the declaration relates.[2]
  4.              In making a class exemption determination, the ACCC:
  • must have regard to the likely benefit to the public resulting from the assistance, or likely assistance, in response to or recovery from the exceptional circumstances to which the declaration relates; and the detriment to the public that would result, or be likely to result, from the conduct
  • may have regard to any other public benefit that would result or likely result from the conduct.[3]
  1.              The ACCC may specify one or more of the following limitations in a class exemption:
  1.       a limitation to persons of a specified kind
  2.       a limitation to circumstances of a specified kind
  3.        a limitation to conduct that complies with specified conditions, which may include a requirement to obtain the approval of the Commission before engaging in certain conduct.[4]
  1.              A ‘declaration’ is defined as one of the following:
  1.       pursuant to section 95AE of the CCA, the Minister may declare, by legislative instrument, that exceptional circumstances exist if satisfied that:
  1.            either:
    • exceptional circumstances that are causing significant harm to the Australian economy or Australian consumers exist; or
    • exceptional circumstances that would cause significant harm to the Australian economy or Australian consumers are likely to exist
  2.          it is in the public interest to empower the Commission to make determinations under section 95AC of the CCA.[5]
  1.       a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020 (the NED Act)).[6]
  1.              On 23 June 2026, a declaration by the Treasurer that disruptions to global supply chains arising from the conflicts in the Middle East commencing in February 2026 and the disruptions to international shipping transport through the Strait of Hormuz (the Conflicts) constitute ‘exceptional circumstances’ and that those circumstances are causing significant harm to the Australian economy or Australian consumers[7] (the Treasurer’s declaration) came into force. The Treasurer’s declaration is in place until 22 December 2026.
  2.              The Treasurer’s declaration enlivens the ACCC’s ability to make a class exemption under section 95AC of the CCA.
  3.              The ACCC has made a class exemption determination, being satisfied that the conduct specified in it meets the requirements of section 95AC(3) of the CCA and having had regard to the matters in section 95AC(4) of the CCA.             
  4.          The class exemption determination came into force on 23 June 2026 and remains in force while the Treasurer’s declaration is in force, which is currently until 22 December 2026. Accordingly, the class exemption applies to conduct that has occurred from 23 June 2026 onwards, provided the requirements of the class exemption are met.
  5.          The Treasurer can extend the period that the declaration is in operation for up to 3 months at a time,[8] and if so extended, the class exemption will also be extended for an equivalent period.[9]
  6.          The ACCC can vary or revoke the class exemption determination, or withdraw the protection afforded by it from a particular party.[10]
  7.          The power to make class exemptions gives the ACCC the ability to provide an exemption for persons from the operation of primary legislation, being the CCA. The revised explanatory memorandum to the Competition and Consumer Amendment (Responding to Exceptional Circumstances) Bill 2026 stated that it was appropriate to delegate this power in order to ensure class exemptions can be made quickly to support the functioning of the Australian economy.
  8.          There are several legislative safeguards to ensure that the class exemption power is used appropriately. There must be an existing exceptional circumstances declaration by the Minister (which is subject to disallowance) to which the class exemption relates. The class exemption is also a disallowable legislative instrument.[11] Additionally, the ACCC must be satisfied that, in all the circumstances, the conduct of that kind would assist, or would be likely to assist, in the response to or recovery from the exceptional circumstances or emergency to which the declaration relates. Further, the class exemption itself is limited in scope and duration.

Background

  1.          Broadly, the class exemption provides a means to obtain competition law exemption to corporations who want to coordinate to assist in the response to or recovery from disruptions to supply chains and to international shipping transport arising from the Conflicts.
  2.          For corporations seeking legal protection for eligible conduct, the class exemption is an alternative to applying to the ACCC for a specific exemption using the new streamlined authorisation process or the existing authorisation or notification processes. These processes remain available if parties propose to engage in conduct which does not fall within the scope of the class exemption.
  3.          The class exemption applies to conduct engaged in by a party provided that:
  • they are engaging in conduct for the purpose of responding to or recovering from the exceptional circumstances to which the class exemption relates which the Treasurer is satisfied are causing significant harm to the Australian economy or Australian consumers
  • the conduct is preparing for, participating in or agreeing to a plan proposed at a ‘government meeting’ or ‘non-government meeting’; follow-up ‘subsidiary’ discussions arising out of such a meeting; or implementing a plan agreed to at such a meeting  
  • the conduct does not include a contract, arrangement or understanding between 2 or more corporations on the price of goods or services which they compete to supply
  • they meet the requirements for notifying the ACCC of government and non-government meetings in advance, and advising the ACCC before implementing agreed plans, including obtaining any approvals required
  • the other conditions are met, regarding the presence of approved competition lawyers and ACCC attendance at meetings (where requested), reporting on the outcomes of meetings, and complying with formal ACCC information requests.

The current framework for exemptions for coordinated conduct

  1.          Certain coordinated conduct by businesses risks breaching competition laws because, in broad terms, competition laws require businesses to operate independently of their competitors when making decisions about:
  • the prices they charge or are willing to pay
  • which businesses they deal with
  • the terms and conditions on which they do business.
  1.          Specifically, business collaborations, particularly between competitors, risk breaching the prohibitions in the CCA relating to:
  1.       cartel conduct
  1.       other anti-competitive practices which have the purpose, effect, or likely effect of substantially lessening competition in a market in Australia.
  1.          However, Australian competition law recognises that, in some circumstances, activities that might otherwise fall within the prohibitions of the CCA may have a net public benefit. Broadly, it enables businesses to seek legal protection from the ACCC to engage in coordinated conduct without breaching competition law if the proposed conduct will result in overall public benefit. Businesses can apply for legal protection for specific arrangements using the following processes:
  • Applying for authorisation: This requires submitting an application with supporting information (which sometimes involves obtaining legal advice), paying a lodgement fee,[12] and waiting for the ACCC to conduct its assessment (which can take up to 6 months in complex cases). The ACCC can also grant interim authorisation ahead of making a final determination, when the ACCC considers it ‘appropriate’ to do so. The ACCC applies a range of factors in making this assessment, including the urgency of the conduct, potential harm to the applicant and others, and whether interim authorisation would result in irreversible changes to the market pending the ACCC’s final decision on authorisation.
  • Applying for streamlined authorisation: This is only available where there is an exceptional circumstances declaration or national emergency declaration in force. It involves parties submitting a shorter-form application with supporting information and does not require a lodgment fee. The ACCC will make a determination on the application as quickly as possible. The ACCC applies the same test in deciding whether to grant authorisation as for making a streamlined class exemption, per paragraphs 3 and 4 above.
  • Lodging a notification: This involves submitting a notice with supporting information (which again, sometimes involves obtaining legal advice), paying a lodgement fee,[13] and in some cases, waiting for legal protection to commence.[14] For collective bargaining notifications, certain transaction thresholds also apply.[15]
  1.          The legal protection that businesses receive under authorisation and notification is limited to a time period specified by the ACCC. When that legal protection expires, the business/es will have to lodge a new application[16] to obtain legal protection.

Purpose and operation of the class exemption

  1.          The origin of the ACCC’s ability to determine a class exemption was a recommendation of the Competition Policy Review (Harper Review), which considered that the power:
  • would help establish ‘safe harbour’ exemptions from competition law for business. That is, it may be an efficient way to deal with certain types of business conduct that are unlikely to raise competition concerns, either because of the parties engaged in the conduct or the nature of the conduct itself
  • would be an efficient means to provide certainty for businesses about the application of the CCA and conduct that is unlikely to raise significant competition problems
  • would reduce compliance costs for businesses, and
  • may also play a role in educating and informing business about the types of conduct that do not raise competition concerns and those that do.[17]
  1.          The class exemption power under section 95AC to 95AF CCA was introduced by government in recognition of the challenges faced by business in engaging in conduct which may be necessary to respond to exceptional circumstances, including national emergencies as well as circumstances that are not a national emergency as defined under the NED Act, but that may risk breaching the CCA. This includes the ongoing impacts of the Conflicts.
  2.          The Australian Government recognised that while the ACCC has existing authorisation and class exemption powers to enable business to engage in conduct otherwise prohibited by the CCA, the costs and time involved in the existing administrative processes for applying for authorisation and establishing class exemptions can, due to the statutory requirements of the processes, impede efforts by business to respond in a timely way to national emergencies and exceptional circumstances that may fall short of a national emergency. The ability for the ACCC to determine streamlined class exemptions to enable businesses to respond quickly and early may prevent or substantially mitigate the extent of any significant harm to the economy resulting from national emergencies, and exceptional circumstances that may fall short of a national emergency.
  3.          The amendments provide the ACCC with additional flexibility for its class exemption powers in exceptional circumstances and national emergencies, enabling businesses to coordinate to manage and rapidly respond to such circumstances and take steps to mitigate harm to the economy and consumers.[18] The amendment also provides the ACCC with the ability to grant streamlined authorisations in exceptional circumstances or emergency situations, by applying the same test as paragraphs 3 and 4 above.
  4.          The Treasurer’s declaration states that disruptions to global supply chains arising from the conflicts in the Middle East commencing in February 2026 (the Conflicts) and the disruptions to international shipping transport through the Strait of Hormuz constitute ‘exceptional circumstances’ that are causing significant harm to the Australian economy or Australian consumers, and that it is in the public interest to empower the ACCC to make exceptional circumstances class exemptions.[19]
  5.          The ACCC is satisfied that, in all the circumstances, conduct of the kind specified in the class exemption would assist, or would be likely to assist, in the response to or recovery from the exceptional circumstances identified in the Treasurer’s declaration.
  6.          In making a determination under section 95AC, the ACCC must have regard to the likely benefit to the public resulting from the assistance, or likely assistance, in response to or recovery from the exceptional circumstances to which the declaration relates; and the detriment to the public that would result, or be likely to result, from the conduct. The ACCC may have regard to any other public benefit that would result or likely result from the conduct.
  7.          The ACCC has decided to determine this class exemption because significant harm to the Australian economy and Australian consumers may result from disruptions to global supply chains, including those in, to and from Australia, arising from the Conflicts, and allowing corporations to coordinate in limited circumstances is likely to assist in the response to or recovery from those significant harms. The mitigation of significant harm is a substantial benefit to the public.
  8.          In particular, the conduct specified will assist corporations across a range of sectors of the Australian economy to more quickly understand supply and demand challenges in relation to these disruptions and coordinate potential responses. Such coordination is in some cases likely to more efficiently address these challenges compared to corporations separately developing solutions.
  9.          The ACCC considers the specified conduct is likely to enable necessary urgent coordinated industry action across the economy, including to support government efforts. The ACCC considers that this will mitigate the impacts of potential harm to Australian consumers and the Australian economy that are caused by disruptions to supply chains and shipping transport.
  10.          Other processes are available to businesses seeking legal protection from competition laws to coordinate where this is in the public interest, as outlined at paragraph 20. However, these processes may not be well adapted to urgent response to exceptional circumstances because of the time and resource demands of making individual applications that are subject to a full public benefit analysis. For example, during the COVID-19 pandemic in 2020, the ACCC received 33 separate applications for authorisations from businesses across a broad spectrum of sectors of the Australian economy seeking to coordinate to respond to the economic impacts of the pandemic.
  11.          This class exemption will enable coordination to mitigate the impacts of potential harm to Australian consumers and the Australian economy that are caused by disruptions to supply chains and shipping transport to occur more quickly, and with fewer resources expended, than would be the case if corporations in various sectors were required to each separately seek authorisation for their proposed conduct.
  12.          The ACCC has also had regard to detriment to the public that would or would be likely to result from the specified conduct. The principal potential harm arises from allowing collective action by competitors in the acquisition and supply of a range of goods and services across the Australian economy. Such coordination can constitute cartel conduct, which is regarded as so inherently harmful to competition that it is prohibited in the CCA without being subject to a ‘substantial lessening of competition’ test.
  13.          Competition is valued not for its own sake but because, in most circumstances, it improves the welfare of Australians by increasing choice, diversity and efficiency in the supply of goods and services.[20] There may be circumstances where conduct that adversely affects competition nevertheless promotes economic efficiency and community welfare.[21] However, the ACCC has specified limitations and conditions on the conduct specified in the class exemption to balance the need for urgent action to address threats to the Australian economy and the interests of Australian consumers with the need to mitigate the risk of public detriment in the form of inherently anti-competitive conduct from occurring. Those limitations and conditions impose stringent but proportionate safeguards and provide for ACCC oversight.
  14.          Specifically, the specified conduct:
  • only applies to arrangements and conduct engaged in for a specified purpose, namely that set out in paragraph 17 above
  • does not include a contract, arrangement or understanding between 2 or more corporations on the price of goods or services which they compete to supply
  • corporations engaging in the specified conduct are also required to:

           notify the ACCC in advance of government and non-government meetings held and allow the ACCC to attend such meetings, if requested

           report to the ACCC the outcomes of all government and non-government meetings, including any arrangements agreed to and action items, and an overview of any subsidiary discussions held

           have an external lawyer with competition law experience, approved by the ACCC, attend all meetings

           obtain ACCC approval before implementing any plans agreed, and

           provide the ACCC with any information requested about conduct engaged in under the protection of the class exemption.

  1.          The ACCC considers that these safeguards ensure that coordination goes no further than necessary to protect the interests of Australians and that impacts on competition are minimised.

How the class exemption is intended to operate and its likely impact

  1.          This class exemption is intended to be proportionately deregulatory. It removes the need for corporations that meet the specified eligibility criteria to lodge a formal application and pay a fee under the authorisation or notification process. Corporations seeking to rely on the class exemption will self-assess whether the conduct they are proposing to engage in falls within the class exemption.
  2.          If the conduct falls within the scope of the class exemption, they will have protection for that conduct from the specified provisions of Part IV (sections 45AF, 45AG, 45AJ, 45AK, 45 and 47 of Division 2) provided they ensure that the conditions set out in the class exemption are met.
  3.          The ACCC considers that, overall, the likely impact of the class exemption will be to:
  • make it simpler and quicker for eligible corporations wishing to coordinate to obtain the necessary legal protection to address the risk of breaching competition laws, and
  • assist government and industry to respond quickly and effectively to situations that are causing, have caused or may cause, significant harm to the Australian economy, community and/or consumers – while avoiding adverse impacts on competition and consumers.
  1.          The class exemption applies to conduct engaged in by a party provided that:
  • any government meeting, non-government meeting, subsidiary discussions or plan is for the purpose of responding to or recovering from the exceptional circumstances arising from the Conflicts
  • for conduct that involves preparation for or participation in either a government meeting or non-government meeting, the ACCC must be notified of details of the meeting at least 24 hours in advance (or, a shorter period, if the ACCC accepts). For non-government meetings, the ACCC may object to the meeting taking place or to the participation of specific attendees  
  • for any government or non-government meeting:

           an ACCC-approved competition lawyer attends

           if the ACCC requests to attend the meeting, this is facilitated and accommodated

           parties provide the ACCC with a report of the meeting within 5 business days

  • for conduct that involves subsidiary discussions to progress matters discussed at a government meeting or non-government meeting, the ACCC must have been notified of the original government or non-government meeting (and in the case of a non-government meeting, approved the meeting taking place) and an update about subsidiary discussions must be included in the minutes of the next relevant government meeting or non-government meeting. The presence of a competition lawyer or accommodation of ACCC attendance is not required for subsidiary discussions
  • for conduct that involves implementing a plan agreed to a government meeting or non-government meeting, parties first notify the ACCC of the details of those plans, and:

           for government meetings, the ACCC approves the plan within 3 business days. After 3 business days, the plan is deemed to be approved unless the ACCC has provided written notice within 3 business days of receiving the plan that it does not approve the plan

           for non-government meetings, the ACCC approves the plan

  • parties provide information to the ACCC in response to a formal information request by the date specified in the ACCC’s request (or a long period if approved)
  • plans cannot be agreed through subsidiary discussions. Any plan developed or proposed at a subsidiary discussion must be reported back to a government meeting or non-government meeting and agreed to at that meeting (and then reported to the ACCC).
  1.          The class exemption came into force on 23 June 2026 and will remain in force until the Treasurer’s declaration expires. The retrospective application of the class exemption is necessary and appropriate here to ensure flexibility in the government’s economic response to the disruptions to global supply chains arising from the conflicts in the Middle East and the disruptions to international shipping transport through the Strait of Hormuz.
  2.          The class exemption’s retrospective application complies with the requirements of the Legislation Act section 12(2), which provides that retrospective commencement of an instrument is of no effect if the retrospective commencement would disadvantage the rights of a person, other than the Commonwealth. The class exemption determination does not offend this provision as it does not disadvantage the rights of a person. As required by subsections 92C(4) and 95AC(4) of the CCA, in making the determination, the ACCC has had regard to the benefit to the public and the detriment to the public. In this respect, the ACCC considers that conduct specified in the class exemption determination is likely to result in significant public benefit and, with the limitations specified in the class exemption determination, is not likely to result in significant public detriment. Accordingly, the fact that it may commence before registration is consistent with the requirements in the Legislation Act.
  3.          Retrospective application will not disadvantage the public. Rather, it will ensure that the class exemption can apply as intended, to allow appropriate conduct to assist in response to or recovery from the significant harm to the Australian economy and Australian consumers that are caused by the Conflicts including in respect of disruptions to supply chains and shipping transport.  
  4.          The ACCC can decide to revoke or vary the class exemption. The ACCC can also withdraw the protection of the class exemption from a party if it:
  • is satisfied that permitting conduct of that kind would not assist, or would not be likely to assist, in the response to or recovery from the exceptional circumstances or emergency specified in the class exemption; or
  • considers that permitting conduct of that kind is no longer appropriate.

Exercise of administrative powers and functions under the exemption

  1.          There are several provisions of the class exemption which confer administrative powers on the ACCC. Some of these are decision-making powers, while others require parties to obtain ACCC approval to obtain the protection of the class exemption. The latter are supported by section 95AC(6) of the CCA, which provides that a condition under the class exemption may include a requirement to obtain the approval of the ACCC before engaging in certain conduct. The relevant powers are:  
  • approving a shorter notice period for meetings
  • decisions for ACCC representatives to attend government or non-government meetings
  • approval for a non-government meeting (or series of meetings) taking place
  • approval for specific party to attend a non-government meeting
  • approval of a competition lawyer to attend meetings
  • approving a longer period to provide a report to the ACCC following a government or non-government meeting
  • decisions to make a formal request for information about conduct engaged in under the exceptional circumstances class exemption
  • approving a longer period to respond to a formal information request from the ACCC
  • approval to implement plans notified pursuant to the class exemption (arising from government and non-government meetings).
  1.          Conferral of these powers on the ACCC is necessary to provide the ACCC with adequate transparency and oversight of conduct engaged in in reliance on the class exemption, and ensure that coordination goes no further than necessary and impacts on competition are minimised. In particular, requiring ACCC approval before corporations can implement plans provides a key safeguard, given that implementation conduct has greater potential for longer-term impacts on the operation of markets.
  2.          The powers also provide for the approval of shorter periods for notice or longer periods to provide reports or information. These are administrative decisions to provide flexibility for parties as necessary.
  3.          Section 19 of the class exemption provides for the ACCC to delegate all or any of its functions or powers under the class exemption determination to a Commissioner or a member of staff of the Commission who is an SES employee or acting SES employee. The ACCC may only delegate a function or power if satisfied that the person has appropriate qualifications, training or experience to perform the function or exercise the power. The ACCC considers that delegation of the above powers/functions to Commissioners and SES staff is appropriate given the time sensitive nature of these decisions (i.e. the need to provide parties with a quick response to allow them to engage in coordinated conduct as soon as possible, in what may be rapidly evolving exceptional circumstances), as well as the potentially high volume of such decisions. Some decisions will require a short turnaround (for example, 24 hours’ notice of a meeting or less. The ACCC also considers that persons in these roles possess the appropriate qualifications and necessary skills to make these decisions.
  4.          Where powers are exercised by individual Commissioners or SES employees, the ACCC intends to ensure visibility through mechanisms such as regular reporting to the Commission. The class exemption itself is also limited in nature, to specified conduct for particular purposes, and in the period of time for which it will be in force.

Merits review

  1.          A decision by the ACCC to make a class exemption is not subject to merits review by the Australian Competition Tribunal. A person’s right to seek judicial review of a decision is unaffected. An exceptional circumstances class exemption is a legislative instrument and therefore merits review is not available.
  2.          The revised explanatory memorandum to the Competition and Consumer Amendment (Responding to Exceptional Circumstances) Bill 2026 notes that decisions in exceptional circumstances are likely to have a strong public interest element and to occur where there is a need to take rapid action. The exclusion of merits review in exceptional circumstances reflects the need for urgent action and certainty for parties as to whether they can engage in conduct. A merits review could cause substantial delay when responding to exceptional circumstances. Excluding exceptional circumstances class exemptions (section 95AC of the CCA), including withdrawing the benefits of the class exemption (section 95AD of the CCA), will ensure greater certainty and timeliness in exceptional circumstances and emergencies, reduced risk of re-litigation and a less resource-intensive process.
  3.          It is also consistent with the principles developed by the Administrative Review Council in its publication ‘What decisions should be subject to merits review?’ In particular, decisions may be excluded from merits review where they are financial decisions with a significant public interest element. The class exemption provisions respond to exceptional circumstances, so they combine a significant public interest element with both a need to take rapid action to restore or maintain investor confidence in the market, and an aspect that makes them essentially government financial policy decisions, rather than decisions about the merits of particular applications.
  4.          The time limits of the class exemption, that is, that it only has effect during the period of the declaration, also provides inherent protection.

Documents incorporated by reference

  1.          The class exemption relies on definitions of terms from some other Commonwealth Acts and disallowable legislative instruments as in force from time to time. The class exemption does not incorporate any other documents by reference.

Consultation

  1.          As the class exemption is responsive to disruptions to supply chains and international shipping transport, the ACCC conducted a short, targeted, consultation process. The ACCC consulted with parties who had contacted the ACCC since the beginning of the Conflicts about seeking exemptions from competition law for coordination to address the economic impacts of the Conflicts. The ACCC also consulted with relevant Australian Government agencies.
  2.          The consultation took the form of inviting submissions about a draft class exemption framework to provide protection for beneficial collaborations between businesses that may be competitors across any impacted sector of the Australian economy.  
  3.          Submissions received were supportive of the ACCC making a class exemption. Some submissions made suggestions about modifications to the framework to better support the types of coordination that they anticipated they may need to undertake. This feedback has been taken into account in making this class exemption.

 

ATTACHMENT 1

DETAILS OF THE COMPETITION AND CONSUMER (EXCEPTIONAL CIRCUMSTANCES CLASS EXEMPTION— GLOBAL SUPPLY CHAIN DISRUPTIONS) DETERMINATION (NO. 1) 2026

Part 1 – Preliminary

  1.              Name of Determination

This section provides that the title of the class exemption is the Competition and Consumer (Exceptional Circumstances Class Exemption – Global Supply Chain Disruptions) Determination (No. 1) 2026.

  1.              Commencement

This section provides that the class exemption commences on 23 June 2026. Section 95AE of the CCA provides that a declaration by the Minister under that section is in force starting on the day specified in the declaration, which may be earlier than the day the declaration is made. Commencement of the class exemption does not affect a person’s rights so as to disadvantage the person or impose liabilities on a person in respect of anything done or omitted to be done before it is registered. Consequently, the retrospective commencement of the class exemption means that a person who meets the requirements of the class exemption may seek to obtain the protection of the class exemption from 23 June 2026 until 22 December 2026.

The legislative instrument is subject to Parliamentary disallowance. The Treasurer’s declaration is also subject to Parliamentary disallowance. If the class exemption, or the Treasurer’s declaration, is disallowed, then the class exemption ceases to have effect from the time of disallowance. However, any conduct engaged in under the class exemption before it was disallowed would still have legal protection from the provisions of Part IV specified in the class exemption.

  1.              Authority

This section provides that the class exemption is made under the authority of section 95AC of the CCA.

  1.              Object of this instrument

The object of the class exemption is to facilitate corporations engaging in collaborative conduct to assist in the response to, and recovery from, the significant harm to Australian consumers and the Australian economy caused by the exceptional circumstances to which this class exemption relates. Those exceptional circumstances are disruptions to global supply chains arising from the Conflicts and the disruptions to international shipping transport through the Strait of Hormuz.

The ultimate object of the class exemption is to allow coordination between corporations that may assist to reduce harm to Australian consumers and the broader Australian economy that may otherwise arise from the supply chain disruptions. This broader purpose is consistent with the primary object of the CCA, which is to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection.

  1.              Exceptional circumstances to which this class exemption relates

This section provides that this class exemption relates to the exceptional circumstances of disruptions to global supply chains arising from the Conflicts and the disruptions to international shipping transport through the Strait of Hormuz. The class exemption is made under, and consistent with, the Treasurer’s declaration that came into force on 23 June 2026 that disruptions to global supply chains arising from the Conflicts and the disruptions to international shipping transport through the Strait of Hormuz constitute ‘exceptional circumstances’ that are causing significant harm to the Australian economy or Australian consumers, and that it is in the public interest to empower the ACCC to make exceptional circumstances class exemptions under section 95AC of the CCA.

The class exemption protects conduct that is to respond to or recover from potential disruptions on supply chains (globally, or in, to or from Australia) which may arise as a result of the Conflicts. This includes, among other things, impacts to fuel supply chains, petrol-derived product supply chains and fertiliser supply chains.

The Treasurer’s declaration is in force from 23 June 2026 and ends 6 months after that day (that is, 22 December 2026). The class exemption remains in force until the Treasurer’s declaration expires. The Treasurer can extend the period that the declaration is in operation for up to 3 months at a time,[22] and if so extended, the class exemption will also be extended for an equivalent period (unless revoked sooner).

  1.              Definitions

Section 4 contains defined expressions used in the class exemption.

A number of expressions used in the class exemption have the meaning defined in section 4 or other sections of the CCA. Other definitions are specific to the class exemption.

A key concept underlying the class exemption is that of a ‘corporation’. This is defined in section 4 of the CCA and has extended application under section 6 of the CCA. The term ‘corporation’ has the same meaning in the class exemption as it has under the CCA: Legislation Act 2003, s 13.

The provisions of the CCA to which the class exemption applies – sections 45AF, 45AG, 45AJ, 45AK, 45 and 47 – are expressed as prohibiting ‘corporations’ from engaging in certain conduct specified in those provisions. Because of that, this class exemption is expressed as exempting certain ‘corporations’, in certain circumstances, from those provisions of the CCA.

For the remainder of this explanatory statement, a ‘corporation(s)’ or ‘class of corporations’ is referred to as a ‘party(ies)’ or ‘class of parties’.

Expressions of particular importance in the class exemption are:

business day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.

meeting includes a meeting in which a person takes part by the use of technology that allows that person to clearly and simultaneously communicate with one or more other persons. This adopts the ordinary definition of ‘meeting’. For example, from the Macquarie Dictionary, ‘a coming together … an assembling, as of persons for some purpose … an assembly of people with responsibilities towards an organisation, held to conduct the business of that organisation’.

A meeting does not include the exchange of group emails or circulation of a resolution via email.

government meeting means a meeting that:

  1.       is initiated or convened, and attended, by the Commonwealth, a State or a Territory, or an officer, agency or authority thereof; and
  1.       is held for the purpose of responding to or recovering from the harm to Australian consumers or the Australian economy that are caused by the exceptional circumstances to which the class exemption relates; and
  2.        is attended by one or more corporations or their representatives.

An example of a government meeting is a National Coordination Mechanism meeting convened by the Australian Government’s National Emergency Management Agency. A further example is a meeting convened by the Fuel Supply Taskforce Coordinator. The Fuel Supply Taskforce is a taskforce established in the Department of the Prime Minister and Cabinet to work with Commonwealth, State and Territory government departments, industry representative organisations and other key stakeholders.

Meetings initiated or convened by State or Territory governments are included in this definition so long as they are for the purpose of responding to or recovering from the harm to Australian consumers or the Australian economy that are caused by the exceptional circumstances to which the declaration relates.

The definition also includes meetings initiated or convened by an officer, agency or authority of a Commonwealth, State or Territory government.

non‑government meeting means a meeting that:

  1.       does not satisfy paragraph (a) of the definition of government meeting; and
  1.       is held for the purpose of responding to or recovering from the harm to Australian consumers or the Australian economy that are caused by the exceptional circumstances to which the class exemption relates; and
  2.        is attended by one or more corporations or their representatives.

A non-government meeting can be a bilateral discussion between 2 competitors, or a meeting with multiple parties, convened outside (and independent of) the government meeting framework.

Section 4 also provides that neither of the following is a government meeting or non‑government meeting:

  1.       a subsidiary discussion to a government meeting or non‑government meeting
  1.       a meeting about how to implement a plan that was agreed to at a government meeting or non‑government meeting.

subsidiary discussions to a government meeting or non-government meeting means information sharing, communications and discussions between 2 or more corporations that are necessary to progress matters that were discussed at the meeting, and which do not result in any plan being formally agreed to.

Note: The limitations set out in Division 2 of Part 2 do not need to be complied with in relation to each subsidiary discussion. However, they must be complied with in relation to the government meeting or non-government meeting to which a subsidiary discussion relates.

Subsidiary discussions must follow on from a government meeting or non-government meeting and can take the form of sharing information (including commercially or competitively sensitive information), communications and discussions necessary to progress matters discussed at the government meeting or non-government meeting. They can include discussions to further develop proposed plans that were discussed at a meeting. However, plans cannot be agreed to at subsidiary discussions. Any plan developed or proposed through a subsidiary discussion must be reported back to a government meeting or non-government meeting and agreed to at that meeting (and then reported to the ACCC).

Subsidiary discussions can involve attendees from the relevant government meeting or non-government meeting or a subset of those attendees. Subsidiary discussions can also involve parties who did not attend the relevant government meeting or non-government meeting. Parties do not need to be notified to the ACCC in order to participate in subsidiary discussions. However, if a party attends a subsidiary discussion and the party subsequently attends any future government meeting or non-government meeting (for example, in order to agree to the plan) their attendance at the government meeting or non-government meeting must be notified to the ACCC in accordance with the requirements of the class exemption.  

Updates about subsidiary discussions must be provided in the minutes of the next government meeting or non-government meeting and provided to the ACCC. Subsidiary discussions are not otherwise subject to the other requirements set out in the class exemption for government meetings and non-government meetings, such as notifying the ACCC before the discussion occurs, facilitating and accommodating ACCC attendance or having an approved lawyer with competition law experience present.

plan means a plan for responding to or recovering from the harm to Australian consumers or the Australian economy that are caused by the exceptional circumstances to which this class exemption relates.

‘Plan’ has the ordinary meaning, that is a scheme of action or procedure (Macquarie Dictionary). A plan could be a contract, agreement or understanding regarding which parties will take certain actions in particular circumstances. As required by 15, parties will need to notify the ACCC of any plan to obtain legal protection to implement it, including describing the conduct, its purpose, the parties or classes of parties involved, when the conduct is expected to occur, any related protocols and guidelines when it is to occur, and how the plan is to cease.


Part 2 – Class exemption

Division 1 – Conduct covered by exemption

  1.              Class exemption

Section 7(1) provides that, subject to specified limitations in Division 2, the prohibitions in sections 45AF, 45AG, 45AJ, 45AK, 45 and 47 of the CCA do not apply to a corporation engaging in conduct by a corporation that is:

  1.       preparing for a proposed government meeting or non-government meeting
  1.       participating in a government meeting or non-government meeting, including discussing a proposed plan at the meeting
  2.        preparing for and participating in a subsidiary discussion to a government meeting or non‑government meeting
  3.       formally agreeing to a plan proposed at a government meeting or non‑government meeting, or to be part of that plan
  4.       implementing a plan agreed to at a government meeting or non-government meeting, including preparing for and participating in meetings about implementing that plan.

Sections 45AF, 45AG, 45AJ and 45AK prohibit corporations from making contracts, arrangements or understandings that contain cartel provisions, and giving effect to such provisions. Section 45 prohibits conduct in relation to contracts, arrangements or understandings that have the purpose, or would have or be likely to have the effect, of substantially lessening competition. Section 45 also prohibits concerted practices that have the purpose, or have or are likely to have the effect, of substantially lessening competition. Section 47 prohibits exclusive dealing when it has the purpose, effect or likely effect of substantially lessening competition.

The following are examples of the conduct mentioned in subsection 7(1):

  1.       sharing information and documents
  1.       communications between 2 or more corporations for the purposes of preparing for a government meeting or non-government meeting
  2.        communications between 2 or more corporations for the purposes of undertaking tasks arising out of a government meeting a non‑­government meeting
  3.       making and giving effect to a contract, arrangement or understanding to implement a plan
  4.       complying with this class exemption in relation to the meeting (for example, preparing a report for the purposes of section 14).

The class exemption covers conduct that is to prepare for, participate in, or have follow-up subsidiary discussions arising out of, a government meeting or a non-government meeting. It also covers parties implementing a plan that they have agreed to at a government meeting or non-government meeting.

As required by section 8, the ACCC must be notified in advance of all government and non-government meetings. For non-government meetings, parties can also notify and seek ACCC approval for a series of meetings (as explained in sections 8, 12 and 13).

Legal protection for conduct ‘to prepare for’ a meeting is also subject to the requirement to notify the ACCC.

This does not preclude parties from making arrangements for meetings to occur before they notify the ACCC of the meeting. Conduct such as agreeing on the time and date of the meeting, inviting attendees and agreeing on the purpose of the meeting and matters to be discussed can occur before notice is given to the ACCC, provided the meeting does not proceed unless notice is given to the ACCC and the other requirements set out in the class exemption are met.

In contrast, conduct in preparation for a meeting that involves sharing commercially or competitively sensitive information or engaging in preliminary discussions about a proposed plan to be discussed at a meeting is not protected by the class exemption unless or until notice of the meeting has been provided to the ACCC.

Following a meeting, parties can have subsidiary discussions in relation to matters arising out of the meeting by sharing information, communicating and holding discussions as necessary to progress matters discussed at the meeting, including further developing any plans that were proposed.

Such subsidiary discussions, following a meeting, can involve all meeting participants, or a subset of meeting participants. They can also involve other parties who did not attend the meeting, but whose participation is necessary to progress development of the plan. Parties do not need to be notified to the ACCC in order to participate in subsidiary discussions.

Plans cannot be agreed at subsidiary discussions. Any plan developed at a subsidiary discussion must be reported back to, and agreed at, a government meeting or non-government meeting.

As required by section 15, the ACCC must be notified of all agreed plans before they can be implemented.

As required by section 16, plans agreed at government meetings can be implemented after 3 business days unless the ACCC objects to the plan. ACCC approval is required to implement plans agreed at government meetings any earlier than after 3 business days of the plan being notified to the ACCC.

As required by section 17, plans agreed at non-government meetings cannot be implemented unless they are approved by the ACCC.

This section sets also out that the exemption in section 7(1) does not include conduct of a kind that includes a contract, arrangement or understanding between 2 or more corporations on the price of goods or services which they compete to supply.

For example, the class exemption would not apply to any agreement between fuel companies:

  • about the price they will charge customers
  • to agree to combine their stock and collectively negotiate the price at which they supply that stock.

The exemption in section 7 does cover conduct relating to agreements about the price at which parties seek to collectively acquire goods or services, subject to the limitations set out in sections 8 to 18 of the class exemption. For example, importers exploring collective acquisition of fuel from a supplier, including collectively agreeing on the price at which the fuel will be acquired by them.

Parties seeking to engage in price fixing conduct that is not covered by the class exemption can apply for authorisation of that conduct, including via the streamlined authorisation process.

Division 2 – Limitations

The limitations in Division 2 are imposed on the basis of sections 95AC(5)(b) and (c) CCA, which allows the ACCC to specify in the class exemption limitations to conduct that complies with specified conditions or to circumstances of a specified kind.

  1.              ACCC must be notified of meeting prior to engagement in conduct

This section sets out that the ACCC must be notified in advance of all government meetings and non-government meetings.

The notice provided to the ACCC must specify:

  1.       the time and date of the meeting
  1.       the corporations that are proposed to attend or be represented at the meeting;
  2.        the purpose of the meeting
  3.       the matters to be discussed at the meeting
  4.       if the meeting is a non-government meeting – whether it is proposed that the meeting will be one of a series of non-government meetings.

The notice must be given:

  1.       at least 24 hours before the meeting occurs; or
  1.       within a shorter period approved by the ACCC.

The notice must be sent by email to exemptions@accc.gov.au.

A single notice can be given on behalf of all parties attending or being represented at the meeting. That is, being listed as an attendee or person represented in the notice provided to the ACCC constitutes a notice on behalf of each listed attendee or person represented.

As noted, the requirement to notify the ACCC in advance of all government and non-government meetings does not preclude parties from making arrangements for those meetings to occur before notifying the ACCC of the meeting. This conduct can occur before notice is given to the ACCC, provided the meeting does not proceed unless notice is given to the ACCC, and provided that the conduct does not contravene the CCA.

Participation in subsidiary discussions in relation to matters arising out of a meeting, including sharing commercially or competitively sensitive information and engaging in communications and discussions as necessary to further develop proposed plans discussed at a government meeting or non-government meeting, does not need to be notified to the ACCC. Therefore, parties can hold a series of follow-up discussions (including meetings) arising out of a government meeting or non-government meeting provided the original meeting was notified. An update about any subsidiary discussions that were held since the most recent related government meeting or non-government meeting must be also included in the minutes of the next relevant government meeting or non-government meeting and provided to the ACCC, as required by section 14.

  1.              Approved lawyer must attend meeting

This section sets out that each government meeting or non-government meeting must be attended by a lawyer with competition law expertise who is approved by the ACCC. The approved lawyer must be instructed by attendees to immediately advise the meeting attendees if the lawyer has concerns about whether any of the conduct relating to the meeting (such as information shared, matters discussed or sought to be agreed) falls outside the scope of the class exemption and whether there might be any other competition law issues with such conduct.

Meeting attendees must organise between themselves for a lawyer to be approved by the ACCC and attend meetings.

This requirement applies irrespective of whether the ACCC also attends the relevant meeting.

Approval can be sought for a lawyer to attend a single meeting, particular meetings or classes of meetings, or for meetings generally.

Approval can be sought for any number of lawyers, either through separately seeking approval for each individual lawyer, or through seeking approval for a number of lawyers at the same time. This will provide attendees with flexibility with respect to which lawyer attends any individual meeting.

In seeking approval for a lawyer, information about the lawyer’s level of expertise, including relevant experience in relation to competition law matters, should be provided to the ACCC.

Approval should be sought by emailing exemptions@accc.gov.au.

If an approved lawyer is unable to attend the meeting, parties would not have legal protection for conduct engaged in at the meeting. This means the meeting should not take place unless or until arrangements have been made for another approved lawyer to attend. However, if the meeting is postponed or does not occur, any conduct undertaken in preparation for the meeting that is within the scope of the class exemption would still be covered by the class exemption.

The requirement for an approved lawyer to attend meetings does not apply to subsidiary discussions.  

  1.          ACCC must be able to attend meeting

This section sets out that if, in response to a notice provided in accordance with section 8, the ACCC advises that it wishes to attend any meeting as an observer, the ACCC must be allowed to do so. The ACCC’s attendance must be facilitated (i.e., by enabling the ACCC to join the meeting) and accommodated (i.e., by being in a format that allows the ACCC to attend, including by making reasonably practical adjustments).

Any ACCC attendance will be purely in an observer capacity. The ACCC is not able to provide legal advice at any meetings. All questions regarding legal advice should be directed to the approved lawyer in attendance, or another lawyer.

If the ACCC requests to attend a meeting but its request is not facilitated and accommodated, that meeting is not covered by the class exemption. However, any conduct undertaken in preparation for the meeting that is within the scope of the class exemption would still be covered.

The requirement for the ACCC to be able to attend meetings does not apply to subsidiary discussions. 

  1.          Government meeting – notified corporations may engage in meeting-related conduct

This section sets out that once notice of the meeting is provided to the ACCC, attendees or persons represented at a government meeting can prepare for the meeting, participate in the meeting (including discussing a proposed plan) and formally agree to a proposed plan at the meeting. Attendees, persons represented and others can also prepare for and participate in subsidiary discussions that are necessary to progress matters that were discussed at the meeting.

Any parties wishing to attend the meeting whose attendance was not notified pursuant to section 8 may, as a group or individually, write to the ACCC advising that they are attending the meeting.

Where parties who did not attend a government meeting subsequently seek to participate in subsidiary discussions in relation to matters arising out of a government meeting, they do not need to notify the ACCC before doing so. However, if such parties wish to attend any future government meeting (for example, in order to agree the plan discussed at a subsidiary meeting) their attendance must be notified to the ACCC.

If a party whose attendance has not been notified to the ACCC attends or is represented at a government meeting, the legal protection from competition laws provided by this class exemption does not extend to them.

Parties whose attendance has been notified to the ACCC have legal protection for their conduct at the government meeting even if a party whose attendance has not been notified attends or is represented at the government meeting. However, parties attending a government meeting should undertake reasonable steps to ensure that no party whose attendance has not been notified to the ACCC participates in, or is represented at, the meeting. Seeking confirmation at the start of the meeting from each attendee who has not previously attended a meeting that their attendance has been notified to the ACCC constitutes undertaking reasonable steps for this purpose.

  1.          ACCC must approve non-government meeting taking place

This section sets out that a non-government meeting cannot take place unless the ACCC has, in response to a notice given in accordance with section 8, given its written approval for the meeting to take place.

The ACCC will ordinarily provide its written approval by return email to the notice of the meeting.

If the ACCC does not approve a non-government meeting taking place, the ACCC will provide reasons for this. The ACCC advising that it does not approve a meeting taking place does not preclude a party from subsequently seeking approval for the meeting (for example, if the party considers that it has addressed the concerns that led the ACCC to not approve the meeting taking place in the first instance).

As noted, the requirement to notify the ACCC in advance of a non-government meeting does not preclude parties from making arrangements for such a meeting to occur before notifying the ACCC of the meeting, provided the meeting does not proceed unless notice and approval is given.

If parties have notified a series of non-government meetings in accordance with section 8, then the ACCC can provide a single written approval for the series of meetings. If a series of meetings is approved, each meeting in that series would still need to be notified to the ACCC in accordance with section 8. However, ACCC approval would not need to be separately provided for each meeting in the series when notified. If the ACCC develops concerns about one or more of the meetings in the series, it can withdraw the approval for the remaining meetings in the series. This would not preclude meetings from continuing to be organised, but before each meeting can proceed, it would need to be approved by the ACCC following notification of the meeting.

If the ACCC decides to withdraw its approval for a series of meeting, it will notify the party who provided the notice of the series of meeting and will also endeavour to notify the other parties who are approved attendees for that series of meetings.

  1.          Non-government meeting – approved corporations may engage in meeting-related conduct

This section sets out that a party cannot attend or be represented at a non-government meeting unless the ACCC has approved it to attend or be represented at the non-government meeting.

This section also sets out, consistent with section 11, that approved attendees or persons being represented, as appropriate, can prepare for the meeting, participate in the meeting (including discussing a proposed plan) and formally agree to a proposed plan at the meeting. Attendees, persons represented and others can also prepare for and participate in subsidiary discussions that are necessary to progress matters that were discussed at the meeting, and which do not result in any plan being formally agreed to.

With respect to attendees whose attendance at a non-government meeting is notified pursuant to section 8, the written approval provided by the ACCC pursuant to section 12 for the meeting to take place will specify whether each attendee notified has been approved to attend the meeting. The ACCC may approve all attendees listed on the notice, or a subset of those attendees listed.

Any parties wishing to attend or be represented at the meeting whose attendance was not notified pursuant to section 8 may separately, as a group or individually, write to the ACCC seeking approval to attend or be represented at the meeting.

If the ACCC does not approve the attendance or representation of a party at a non-government meeting, the ACCC will provide reasons for this. If the ACCC does not approve the attendance or representation of a party at a non-government meeting, this does not preclude the party subsequently seeking approval for their attendance or representation at the meeting (for example, if the party considers that they have addressed the concerns that led the ACCC to not approve their attendance or representation in the first instance).

If the ACCC has approved a series of non-government meetings in accordance with section 12, the approval provided can also approve the attendance of all parties listed in the original notice under section 8 for the series of meetings.

Any additional parties who wish to attend meetings in that series must be listed as an attendee on the notice that parties separately provide ahead of the first meeting in the series that the party wishes to attend.

Where parties who did not attend or were not represented at a non-government meeting subsequently seek to participate in subsidiary discussions in relation to matters arising out of a non-government meeting they do not need to notify the ACCC before doing so. However, if such parties wish to attend any future non-government meeting (for example, in order to agree the plan discussed at the subsidiary meeting), their attendance or representation must be approved by the ACCC.

If a party whose attendance has not been approved by the ACCC attends or is represented at a non-government meeting, the legal protection from competition laws provided by this class exemption does not extend to them.

Parties whose attendance has been approved by the ACCC have legal protection for their conduct at the non-government meeting even if a party whose attendance has not been approved attends or is represented at the non-government meeting. However, parties attending a non-government meeting should undertake reasonable steps to ensure that no party whose attendance has not been approved by the ACCC participates in, or is represented at, the meeting. Seeking confirmation at the start of the meeting from each attendee who has not previously attended a meeting that their attendance has been approved by the ACCC constitutes undertaking reasonable steps for this purpose.

  1.          ACCC must be given report about meeting

This section sets out that the ACCC must be provided with the following information about each government meeting and non-government meeting, via email to exemptions@accc.gov.au:  

  1.       the minutes of the meeting, which must include:
  1.           the corporations that attended or were represented at the meeting; and
  2.           a summary of any conduct in preparation for the meeting that occurred prior to the meeting; and
  3.            what was discussed and agreed to at the meeting; and
  4.           what subsidiary discussions are proposed to be held to progress matters discussed at the meeting; and
  5.           an update about any subsidiary discussions that were held since the most recent related government meeting or non-government meeting; and
  1.       copies of documents tabled at the meeting.

This report must be provided within 5 business days after the of the meeting or a longer period approved by the ACCC.

The report required to be provided by this section can be provided to the ACCC by any party on behalf of all attendees.

If the ACCC is not provided with the report within 5 businesses day of the meeting, or any longer period approved by the ACCC (the relevant period), legal protection for attendees to participate in subsidiary discussions in relation to matters arising out of the meeting ceases. However, any subsidiary discussions in relation to matters arising out of the meeting that occurred prior to the end of the relevant period will still be covered.

When providing the report, parties should explain whether it contains any confidential information and if so, clearly mark that information.

Parties do not need to specify each subsidiary discussion that they are proposing to hold. Rather, parties can state what types of subsidiary discussions are proposed to be held, and what matters discussed at the government meeting or non-government meeting the subsidiary discussions relate to.  

The report must also provide an update on any subsidiary discussions that were held since the most recent related government or non-government meeting. For example, this could include an update about the types of matters discussed and agreed to.

  1.          ACCC must be notified of proposed implementation of plans after meeting

This section provides that section 7(1)(e) will only apply to conduct relating to the implementation of any plan agreed at a government or non-government meeting if the ACCC has been provided with a notice, via email to exemptions@accc.gov.au, specifying: 

  1.       a description of the conduct
  1.       the purpose of the conduct
  2.        each corporation, or class of corporations, that is proposed to engage in the conduct, and the conduct they are proposed to engage in. A ‘class of corporations’ could be, for example, ‘importers of fuel products’
  3.       when the conduct is expected or forecast to occur, to the extent that this is known. This may be a particular date or date range, or when a particular event occurs (for example, the plan will be enacted if Australia moves to stage 3 of the National Fuel Security Plan)
  4.       any protocols and guidelines that relate to the conduct, and
  5.         how the conduct is to cease in the event this class exemption is revoked or ceases to be in force.

The effect of this clause is that the details of any plans agreed at government meetings or non-government meetings must be notified to the ACCC before the plan can be implemented.

  1.          Government meeting—notified corporations may engage in implementation of plans after meeting

This section provides that a corporation that:

  1.       attended a government meeting at which a plan was agreed; or
  1.       is specified, or is within a class of corporations specified, in a notice provided pursuant to section 15; or
  2.        is specified in a subsequent notice to the ACCC by email to exemptions@accc.gov.au as a corporation proposing to implement the plan

can participate in implementing the plan after 3 business days after the plan is provided to the ACCC, provided that the ACCC has not advised in writing that does not approve the plan.

ACCC approval is not required to implement plans 3 business days after the plan is provided to the ACCC. The plan is deemed to be approved if the ACCC does not advise that it does not approve the plan within 3 business days. If the ACCC does not advise that it does not approve the plan within 3 business days, the ACCC cannot subsequently advise that it does not approve the plan.

If, within 3 business days of the plan being provided, the ACCC advises that approves the plan, the plan can be implemented immediately once the ACCC advises this (in these circumstances parties do not have to wait 3 business days before implementing the plan).

Parties do not need to have participated in a meeting or meetings at which the plan was developed or agreed in order participate in implementing a plan. If the ACCC does not advise that it does not approve the plan all parties, or classes of parties, listed in the plan can implement the plan regardless of whether they have participating in the development of the plan, or attended the meeting where the agreement to implement the plan was made (unless the ACCC has advised that it does not approve that party or class of parties participation in implementing the plan).

The ACCC can provide one objection notice in relation to all parties, or classes of parties, proposing to implement the plan as notified pursuant to section 15, or to a subset of the notified parties or classes of parties proposing to implement the plan.

Ordinarily the ACCC will endeavour to provide approval for plans agreed at government meetings as soon as possible so that parties do not have to wait 3 business days before implementing these plans.

If the ACCC decides not to approve a plan, the ACCC will endeavour to provide reasons for this, including, if relevant, an indication of changes that could be made to the plan in order to obtain ACCC approval. Plans that are not approved can be resubmitted for approval at any time.

If any substantive details of the plan, or parties proposing to participate in the planned conduct, approved by the ACCC change, then a new or amended plan must be provided. The same requirements set out in section 16 apply to engaging in implementation of the new or amended plan.

  1.          Non‑government meetings—approved corporations may engage in implementation of plans after a meeting

This section provides that a corporation, or class of corporations, can participate in implementing plans agreed at non-government meetings, provided the ACCC has given written approval. The ACCC can provide one approval in relation to all parties, or classes of parties, proposing to implement the plan as notified pursuant to section 15, or a notice approving a subset of the notified parties or classes of parties proposing to implement the plan.

Parties do not need to have participated in a meeting or meetings at which the plan was developed or agreed in order participate in implementing a plan. If the ACCC approves he plan all parties, or classes of parties, listed in the plan can implement the plan regardless of whether they have participating in the development of the plan, or attended the meeting where thew agreement to implement the plan was made (unless the ACCC has not approved that party or class of parties participation in implementing the plan).

If the ACCC approves a plan, the ACCC cannot subsequently object to the plan.

The ACCC will endeavour to provide approval, or advise that it is not proposing to approve the plan, as soon as reasonably practicable.

If the ACCC decides not to approve a plan, the ACCC will endeavour to provide reasons for this, including, if relevant, an indication of changes that could be made to the plan in order to obtain ACCC approval. Plans that are not approved can be resubmitted for approval at any time, subject to meetings dealing with revisions to the plan complying with the class exemption.

If any substantive details of the plan, or parties proposing to participate in the planned conduct, approved by the ACCC change, then a new or amended plan must be provided, and the class exemption must be complied with as necessary in developing the new plan or the amendments. The same requirements set out in section 16 apply to engaging in implementation of the new or amended plan.

  1.          Information must be provided to ACCC when requested

This section provides that the protection of the class exemption ceases to apply to a party if the party does not comply with a request from the ACCC under this section for information about the conduct of a party relating to the class exemption, within a timeframe specified by the ACCC.  

If the request is not complied with, the protection of the class exemption ceases to apply from the end of the timeframe specified by the ACCC. Any legal protection provided by the class exemption for conduct engaged in prior to the end of the specified timeframe remains in place.

A party does not fail to comply with a request from the ACCC for information under this section if the information requested was not in their possession, power or control or they were unable to locate it after reasonable searches, and they give notice to the ACCC of before the specified period ends via email to exemptions@accc.gov.au stating this.

If the party is unable to provide the information requested for any other reason, the party can advise the ACCC of this. The ACCC can vary or withdraw the information request if the ACCC is satisfied that there is a reasonable excuse for not being able to provide the information.

Reasonable excuses would include, for example, if the information requested was subject to legal professional privilege, or requiring provision of the information would infringe other common law rights.

The ACCC will ordinarily discuss timeframes for the provision of information with the party before requesting the information. The timeframe specified by the ACCC for the provision of information can be, but does not have to be, extended by the ACCC if the party requests an extension.

Responses to information requests received by the ACCC may include personal information of individuals (for example, direct email addresses and phone numbers). The ACCC will handle any such personal information in accordance with the ACCC’s Privacy Policy, consistent with the obligations in Privacy Act 1988 (Cth), Australian Privacy Principles and the Privacy (Australian Government Agencies – Governance) APP Code 2017. Further, the fact that the ACCC does not have any public register obligations under the class exemption limits any risk of inadvertent disclosure of personal information.

Part 3 – Miscellaneous

  1.          Delegation by Commission

This section provides that the Commission may, in writing, delegate functions and powers under this class exemption to a Commissioner or senior executive staff of the ACCC. For example, the power to approve a non-government meeting pursuant to section 12 may be delegated by the Commission.

The Commission may delegate a function or power under this section only if satisfied that the person has appropriate qualifications, training or experience to perform the function or exercise the power.

 


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Competition and Consumer (Class Exemption—Global Supply Chain Disruptions) Determination (No. 1) 2026

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Disallowable Legislative Instrument

This Disallowable Legislative Instrument permits certain corporations to engage in certain kinds of coordination to respond to or recover from impacts on supply chains and shipping transport disruptions that would otherwise contravene certain competition provisions of the Competition and Consumer Act 2010 (Cth) (the CCA). The conduct that is covered by the Instrument would assist, or would be likely to assist, in the response to or recovery from the exceptional circumstances or emergency to which the declaration relates.

Corporations can currently seek to rely on other mechanisms under Division 1 or Division 2 of Part VII of the CCA in order to engage in the conduct that is covered by this Instrument without contravening the CCA. The Instrument provides for a more streamlined mechanism for permitting corporations to engage in the conduct covered by the Instrument without contravening the CCA.

Human rights implications

This Determination does not engage any of the applicable rights or freedoms.

Conclusion

This Determination is compatible with human rights as it does not raise any human rights issues.

[1]  This class exemption is not made under the Competition Code. This class exemption has application to corporations within the meaning of sections 4 and 6 of the CCA.

[2]  Section 95AC(3) of the Competition and Consumer Act (CCA).

[3]  Section 95AC(4) CCA.

[4]  Section 95AC(5) CCA.

[5]  Section 95AE(1) CCA.

[6]  Section 92D(b) CCA.

[7]  Competition and Consumer (Exceptional Circumstances) (No. 1) Declaration 2026.

[8]  Section 95AF(2) CCA.

[9]  Section 95AC(7)(b)(iii) CCA

[10]  Section 95AD CCA.

[11]  Section 95AC(10) CCA.

[12]  The standard application fee for authorisation is $7500. Applicants may request that the ACCC waive the lodgement fee in whole or in part if the fee would impose an unduly onerous burden of the applicant. 

[13]  The fee is $2500 for exclusive dealing notifications ($500 concessional) and $1000 for resale price maintenance, collective bargaining and collective boycott notifications ($0 concessional).

[14]  Legal protection commences immediately for exclusive dealing, after 14 days for collective bargaining (with no collective boycott) and resale price maintenance, and after 60 days for collective bargaining with a collective boycott.

[15]  Parties must reasonably expect to have less than $3 million a year in total transactions with the target business (with higher threshold applying in certain industries).

[16]  Or alternatively, an application for revocation and substitution in the case of an authorisation. 

[17]  Professor Ian Harper, Peter Anderson, Su McCluskey and Michael O’Bryan QC, Competition Policy Review: Final Report, March 2015, pages 403, 405, available at https://treasury.gov.au/sites/default/files/2019-03/Competition-policy-review-report_online.pdf. 

[18]  Explanatory Memorandum, Competition and Consumer Amendment (Responding to Exceptional Circumstances) Bill 2026, 1.5.

[19]  Section 95AC of the CCA.

[20]  Professor Ian Harper, Peter Anderson, Su McCluskey and Michael O’Bryan QC, Competition Policy Review: Final Report, March 2015, page 397, available at https://treasury.gov.au/sites/default/files/2019-03/Competition-policy-review-report_online.pdf.   

[21]  Professor Frederick Hilmer, Mark Rayner and Geoffrey Taperell, National Competition Policy Review, 25 August 1993, page 29.

[22] Section 95AF(2) CCA.

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.