Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Act 2026

Overview

The Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Act 2026 was enacted by the Parliament of Australia to address the need for stronger enforcement mechanisms within the Competition and Consumer Act 2010. This Act aims to double the maximum penalties for certain offences under the Competition and Consumer Act, thereby enhancing the Australian Competition and Consumer Commission's (ACCC) ability to effectively deter and penalise serious breaches of competition and consumer laws. The policy objective underpinning this legislation is to strengthen the enforcement capabilities of the ACCC, ensuring that penalties are sufficiently stringent to act as a deterrent against non-compliance and to provide a robust response to significant breaches of the law. The Act specifies that its provisions commence the day after receiving Royal Assent, which was on 28 March 2026. The amendments primarily involve updating the monetary penalties in various sections of the Competition and Consumer Act to double the existing maximum fines, thereby reinforcing the punitive measures available to the ACCC in cases of serious violations. These changes apply to offences committed or contraventions that occurred on or after the commencement of the amendments, ensuring that the enhanced penalties are prospectively effective.

Scope and Application

The Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Act 2026 applies to the Competition and Consumer Act 2010 by amending the monetary penalties specified within that Act, effectively doubling them. The changes apply to offences and contraventions committed or acts and omissions occurring on or after the commencement of the amendments, which was the day after the Act received Royal Assent, 28 March 2026. These amendments pertain to a broad range of entities and conduct regulated under the Competition and Consumer Act 2010, including corporations, partnerships, unincorporated associations, and individuals involved in anti-competitive behaviour, misleading or deceptive conduct, and other consumer-related contraventions. The Act's amendments are applicable nationally, affecting all states and territories within Australia. The Act itself does not specify any exclusions, exemptions, or thresholds, and its provisions are to be read and applied in conjunction with the Competition and Consumer Act 2010. Further details and specific applications may be prescribed through subordinate instruments as necessary.

Key Provisions

The Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Act 2026 primarily focuses on amending the Competition and Consumer Act 2010 by doubling the monetary penalties for certain enforcement actions. Specifically, section 1 of the Act amends various sections of the Competition and Consumer Act 2010, including paragraphs 45AF(3)(a), 45AG(3)(a), 76(1B)(a), and subparagraphs 151BX(3)(a)(i) and (ii), to increase the maximum fines from $50,000,000 to $100,000,000. Additionally, section 4 introduces a new subparagraph into section 151BX, and section 5 further amends specific provisions listed in Schedule 1 and Schedule 2 of the Competition and Consumer Act 2010, again substituting references to $50,000,000 with $100,000,000. The obligations imposed by the Act on the parties or entities it governs are primarily related to compliance with the updated penalty provisions. Businesses and individuals subject to the Competition and Consumer Act 2010 must ensure that their activities align with the new, higher penalties for violations. This includes being aware of the specific sections that have been amended and understanding the potential repercussions of non-compliance with these updated penalties. The Act also includes provisions regarding the consequences of breaching the amended penalty provisions. For instance, section 7 states that the amendments apply to offences committed or contraventions that occurred on or after the commencement of the Schedule. Furthermore, section 8 specifies that the amendments apply to offences committed on or after the commencement of the relevant Schedule. These amendments imply that any contraventions or breaches occurring after the commencement date will be subject to the increased penalties. The civil and criminal consequences for non-compliance include substantial fines, which can significantly impact the financial standing of businesses found in breach of the Act.