Senate debates
Wednesday, 1 July 2026
Bills
Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026; Second Reading
11:35 am
Tyron Whitten (WA, Pauline Hanson's One Nation Party) | Hansard source
One Nation supports strong consumer protections. We welcome the parts of the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026 that provide clear legislative rules for business and outlaw subscription traps and drip pricing. As we've already heard, there are few things more frustrating than trying to find the unsubscribe button when it's hidden under three different menus, then needing to email someone else and, by the time you get there, paying for another month or going to buy something online where the price seems reasonable but, by the time you get through the check-out and they've added a booking fee, a delivery fee, a ticket fee and a service surcharge, finding it's three times the price. These practices add nothing to the consumer experience and are deliberately designed to frustrate people into paying for something they may no longer want. These parts of the bill are positive reform for consumers, and, as such, we will be supporting the bill.
However, One Nation has concerns about the broader powers handed down as part of this bill. This bill confers upon the ACCC broad powers to be able to stop unfair trading practices, with very loose definitions as to what that entails. Who decides what is unfair? Unlike the new laws in this bill that address drip pricing and subscription traps, this is a broad provision that does not identify a known issue; rather, it looks to the ACCC to assess business practices and outlaw them as they see fit. This is poor legislation, and it contributes to business uncertainty. It is part of the wider trend that we see from this government, where legislation is done by delegation to bureaucracy.
An important part of writing clear and precise legislation is that it first sets the obligations of constituents and businesses but also limits the actions that are available to government to intervene. Setting clear rules to the game means both parties can reasonably predict how the other will act and provides them with regulatory certainty. Simply legislating that a regulator will set the rules provides no certainty. It drives up the risk of legal challenges and limits businesses' ability to take risks. It's lazy legislation and poor governance. It is a result of ministers and politicians who have not taken the time to understand the issues or the current legislation and come up with a solution.
There may be limited circumstances where this flexibility is required, but what we are seeing in this parliament is a repetitive pattern of abdication of responsibility. We've seen it with the powers being handed to the eSafety Commissioner to enforce the government's internet censorship regime, and, since that isn't working, we're about to see further powers handed down to give the commissioner even more sweeping powers—judge, jury and executioner—instead of the government legislating clearly and providing certainty to businesses and consumers.
We have seen this with the 20 per cent gas reservation, a half-cocked, rushed piece of legislation so poorly thought through that it has to rely on a huge range of ministerial discretions to make it work. How can a business make long-term decisions about its investments if, at any moment, the government can change the rules midgame? One year, you might be eligible for a domestic supply exemption; the next, you are required to reserve a full 20 per cent of your gas supply, which you didn't expect. This is what kills industry. It's what kills investment and innovation. Look at the EPBC reforms. Once again, there are no hard and fast rules. Rather, the responsibility has been handed down to a regulator, and they have been told to set the rules as they see fit.
As I have said, the rule of law is in place not just to set the rules for constituents and businesses but to limit the government and provide predictability. This pattern of legislating by handing power to the various bureaucracies must stop. It is the responsibility of government to set the rules of the game and to make those rules definitive and easy to follow. We are constantly hearing from the uniparty that One Nation is not fit to lead, but here we have another lazy government which, instead of coming to terms with the issues at hand, is expanding the bureaucracy by handing ever-increasing powers to public servants. This is not what you were elected for. This government came to this place promising to cut red tape and to get business moving. Instead, all they have done is tie this country up in regulations.
The uncertainty faced by business is bad for industry, bad for jobs and bad for the country. Worse, in the case of this legislation, there is no clear need for these general prohibition provisions. The ACCC already has substantial powers under the existing legislation to address harmful conduct. If you have identified an issue, as is the case for drip pricing and subscription traps, fix them, but do not push your responsibilities as legislators onto unelected bureaucrats. This is an issue that we will continue to highlight. One Nation will always stand for stronger consumer protections, but we will stand against subjecting businesses to the whims of bureaucracy.
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