On 28 March 2026, the Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Act 2026 commenced. It doubles the first limb of the three-limb maximum penalty test from $50 million to $100 million for contraventions of the Competition and Consumer Act 2010 (Cth) (CCA) and the Australian Consumer Law (ACL).
This means the maximum penalty for contraventions by a body corporate is the greater of:
- $100 million
- if the court can determine the value of the 'reasonably attributable' benefit obtained – three times the value of that benefit (this has not been altered)
- if the court cannot determine the value of the 'reasonably attributable' benefit obtained – 30% of the corporation’s adjusted turnover during the breach turnover period for the contravention (this has not been altered).
The new $100 million maximum penalty applies economy-wide, although the Australian Government said the legislation was designed to “help consumers get a fair go at the petrol pump with bigger penalties for misconduct including in the fuel sector”. The new maximum penalty applies to contraventions by body corporates of:
- The new merger review regime: including failure to notify the ACCC of acquisitions that meet the mandatory notification requirements and failure to comply with conditions of ACCC merger approvals.
- Other anti-competitive conduct: including cartel conduct, anti-competitive agreements or concerted practices, misuse of market power, exclusive dealing and resale price maintenance.
- Consumer law: including false or misleading representations, unconscionable conduct, unfair contract terms and product safety requirements.
- Other provisions as set out in the table below.
Implications and next steps
While the reforms were initially framed as targeting misconduct in the fuel sector, the new maximum penalties apply economy-wide. Businesses should strengthen their competition and consumer law compliance efforts.
In addition to the fuel sector, businesses should pay particular attention in the following sectors, which are all already on the ACCC’s radar for enforcement prioritisation this year:
- supermarkets and retail
- essential services, including telecommunications, energy, electricity and gas
- aviation
- digital markets
- motor vehicles
- consumer products for young children.
Businesses engaging in acquisitions that are captured by Australia’s new merger control regime should also be aware of the new maximum penalties. These penalties apply to breaches of the new merger regime, making compliance with notification thresholds even more important.
Contraventions by body corporates captured by the new maximum penalty
Topic | Sections | |
Anti-competitive conduct in Part IV | ||
|---|---|---|
Acquisitions provisions | 45AW, 45AX, 45AY, 45AZ, 45AZA, 45AZB, 50, 50A | |
Criminal cartel provisions | 45AF and 45AG | |
Civil cartel provisions | 45AJ and 45AK | |
Anti-competitive agreements or concerted practices | 45 | |
Secondary boycotts for the purpose of causing SLC | 45DA | |
Misuse of market power | 46, 46A | |
Exclusive dealing | 47 | |
Resale price maintenance | 48 | |
Dual listed company arrangements that affect competition | 49 | |
The Australian Consumer Law | ||
Making false or misleading representations about goods or services | 151 | |
Making false or misleading representations about sale or grant of land | 152 | |
Engaging in misleading conduct relating to employment | 153 | |
Offering rebates, gifts, prizes or similar incentives | 154 | |
Engaging in misleading conduct as to the nature of goods or services | 155, 156 | |
Engaging in bait advertising | 157 | |
Wrongly accepting payment | 158 | |
Making false or misleading representations about certain business activity | 159 | |
Supplying a credit or debit card without a written request | 161 | |
Asserting a right to payment for unsolicited goods or services | 162 | |
Asserting a right to payment for unauthorised entries or advertisements | 163 | |
Participating in a pyramid scheme | 164 | |
Advertising only a component of the overall single price | 166 | |
Engaging in referral selling | 167 | |
Using harassment or coercion | 168 | |
Supplying consumer goods or product related services that do not comply with safety standards | 194, 195 | |
Supplying goods or product related services covered by a ban | 197, 198 | |
Failing to comply with a recall notice | 199 | |
Supplying goods or services that do not comply with information standards | 203, 204 | |
Engaging in unconscionable conduct within the meaning of the unwritten law | 224 | |
Engaging in unconscionable conduct in connection with goods or services | 224 | |
Proposing or applying an unfair term in a standard form consumer contract or small business contract | 224 | |
There are similar increases to penalties for contravening the following industry-specific provisions:
Topic | Sections |
News media and digital platforms mandatory bargaining code (Part IVBA) | 52ZC, 52ZH, 52ZS and 52ZZE |
Gas market instruments (Part IVBB) | 53ZQ or any civil penalty provisions in a gas market instrument |
Electricity industry (Part XICA) | 153E, 153F, 153G and 153H |
Telecommunications industry (Part XIB) | 151BX The Act doubles the maximum penalty to an initial sum of $100 million where a contravention continues for less than 21 days. No change is made to the sum of $1 million for each day the contravention continues. The maximum penalty for contraventions of more than 21 days increases by $50 million, to a total of $121 million. No change applies to the $3 million for each day in excess of 21 days that the contravention continues. |