Jo Briskey (Maribyrnong, Australian Labor Party) Share this | Hansard source

This bill, the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026, is about fairness. It's about making sure Australians get a fair go, because right now too many Australians feel like the deck is stacked against them. Families are doing everything they can to make ends meet—they are budgeting carefully, comparing prices and looking for value wherever they can find it—and what frustrates people the most is that, when they do the right thing, they still get caught out by hidden fees, confusing terms, automatic renewals or cancellation processes designed to wear them down. Australians are sick of the tricks and traps. And, frankly, of course they are.

This bill says very clearly: businesses should compete by offering better products and services, not by confusing people or manipulating them, or hiding the true cost until the last second. This is what this reform seeks to change, for people in communities like mine, in Maribyrnong—those who are working hard, every single day, to stay ahead of rising costs. A few dollars here and there might seem insignificant to some, but, for many people in my community, those extra dollars are crucial. The hidden booking fee, the subscription that quietly renews, the streaming service that is impossible to cancel, the gym membership that somehow takes three clicks to join but three phone calls to leave—all of these quickly make a dent in household budgets. Over time, these chip away not just at the bank balance but also at trust, because Australians expect fairness, they expect honesty and they expect that if you want to cancel something then you can actually cancel it without being dragged through a maze of obscure settings or impossible customer service channels.

This legislation modernises our consumer laws to reflect the reality of how Australians now live and transact. More and more of our economy now operates online, so the laws that regulate the modern economy must keep pace. From ordering takeaway to booking flights and from buying concert tickets to managing subscriptions, consumers are increasingly navigating digital systems designed to influence their decisions. Now, there's nothing wrong with businesses promoting their products and there is nothing wrong with advertising. This bill is not about stopping legitimate business activity, but it draws a line between persuasion and manipulation. It is about recognising that some business models now rely on confusion, pressure and friction as a source of profit. And that's just not good enough.

This bill introduces an economy-wide prohibition on unfair trading practices. That means businesses will not be allowed to manipulate consumers or distort decision-making in ways that cause harm. Importantly, this is principle based reform, because markets and technology evolve quickly, and, if the law only prohibits a narrow list of behaviours, some businesses will simply invent new tricks around the edges. So this bill establishes a clear standard: all Australian consumers deserve to be treated fairly.

This bill also tackles two practices that Australians know all too well: subscription traps and drip pricing. Subscription traps are one of the most frustrating examples of unfair conduct in our modern economy. We all know a time where we've fallen into this trap. Many Australians sign up for a free trial because they want to watch the latest hit TV show or just want to use a service temporarily, then suddenly find, months later, the charges have been adding up, because the subscription quietly rolled over; or they try to cancel and discover that the process is deliberately difficult: most likely the cancellation button is hidden, or the website redirects endlessly, or the app says to use the desktop version, or the desktop version says to call customer support. Customer support usually says, 'Send an email,' and the cycle can go on and on. A contract that can be entered into in seconds then takes half a day to escape.

Thankfully, this bill fixes that. Businesses now will have to clearly disclose key terms upfront. They will need to tell consumers what they are signing up for, how much it costs, when it will be renewed and how to cancel. Cancellation pathways will need to be simple, straightforward and easy to find, and, importantly, consumers will receive reminders before trial periods end or renewals occur. These are basic standards of fairness, and I suspect most Australians will wonder why they didn't already exist.

This bill also cracks down on drip pricing. Like subscription traps, drip pricing is something we have all experienced. You can see one price advertised online, so naturally you click through, and then you spend some time filling out your details, but, at the end of the process, you're suddenly met with mandatory fees that have come out of nowhere—booking fees, service fees, processing fees, transaction fees. By the end, the price bears little resemblance to what was advertised in the beginning. None of that is transparent, and it undermines competition because businesses doing the right thing—businesses that disclose the full cost upfront—end up looking more expensive than competitors hiding charges until the very last moment. This bill restores fairness by requiring businesses to disclose mandatory transaction fees at the time that they are advertising the base price. Consumers deserve to know the real cost upfront, and good businesses deserve a level playing field.

One thing I particularly support about this legislation is that it recognises that consumer harm is not always dramatic or obvious. Sometimes harm is cumulative. These practices drain money, but they also drain time. Markets work best when people feel confident participating in them. When consumers trust that prices are genuine, they are more willing to compare products, switch providers and engage in the market. That drives competition, that drives productivity, and ultimately that benefits our entire economy.

This reform is therefore not antibusiness. It is, in fact, pro-competition. It supports the many businesses already doing the right thing, and there are many in my electorate. Maribyrnong is home to thousands of hardworking small businesses—cafes, restaurants, retailers, tradespeople, creative businesses and service providers—all of whom build customer loyalty through honesty and good service. They should not be undercut by businesses relying on manipulation or hidden costs. They deserve a marketplace where fairness is rewarded.

This bill forms part of our government's broader agenda to strengthen competition and deliver real cost-of-living relief for Australians. We want to see markets that are fairer and more competitive so Australian consumers can get better prices and more choice. That is why our government has delivered the most significant overhaul of merger laws in half a century; it is why we have made the Food and Grocery Code of Conduct mandatory, have strengthened penalties for unfair contract terms and are cracking down on shrinkflation; and it is why we have increased penalties under the Competition and Consumer Act from $10 million to $100 million, because breaches of consumer law should not ever become simply a cost of doing business. There must be real consequences, and this legislation delivers those consequences. Businesses that engage in unfair trading practices will face significant penalties.

I also want to acknowledge that these reforms are especially important for vulnerable consumers: senior Australians, young people navigating subscriptions for the first time, people with limited digital literacy and, of course, busy parents juggling work and caring responsibilities. These groups are often the most exposed to manipulative practices because they have the least time, the least flexibility or the least ability to navigate intentionally confusing systems. In an electorate like mine, there are many households who are already under financial pressure. Every dollar counts. A hidden fee is money that could have gone towards groceries, petrol, rent or school supplies. That is why this legislation will have a significant impact, because Australians should not need a law degree or an IT qualification just to cancel a subscription or understand the true cost of something online.

This government is also taking a sensible and balanced approach to implementation. The reforms will commence from 1 July 2027 to ensure businesses have time to understand their obligations and adapt their systems. Guidance will be developed by the ACCC, and the government will review the operation of the subscription provisions after two years to ensure the laws are working as intended.

Importantly, this reform is not the end of the conversation. This government will also consult on extending unfair trading protections to small businesses, including franchisees, because small businesses can also be vulnerable to unfair conduct from larger players, and that has big impacts across communities where small businesses play such a vital role in our local economies.

Australians believe in a fair go. It is one of the defining values of our country. People understand the importance of competition. They understand that businesses need to make a profit, but they believe in the fair go. They believe that people should know what they are paying for, that all businesses should be upfront and that companies should not profit by deliberately confusing or trapping consumers. This legislation reflects those values. It says clearly that markets should reward innovation, service and transparency, not tricks, traps and hidden charges. It outlines that consumers deserve genuine choice, and it levels the playing field for good businesses doing the right thing.

This is practical reform that responds to our ever-evolving modern economy, and it is reform that will make a real difference to Australians trying to get ahead and challenging this cost-of-living period. For families in my community and right across the country, these laws will help restore confidence that the system works fairly and removes the frustrations that many feel. I commend the bill to the House.

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