Stephens Lawyers & Consultants
The Australian Competition and Consumer Commission (‘ACCC’), the agency responsible for enforcement of competition, consumer and product safety laws in Australia has issued its Compliance and Enforcement Priorities for 2026 to 2027. [i]
During 2026-27, the ACCC’s compliance and enforcement priorities will, in addition to its ‘enduring priorities’, focus on the following sectors and issues:-
- The supermarket and retail sectors – with a focus on:-
– competition issues and misuse of market power, particularly where small business is impacted; and
– consumer and fair-trading concerns with misleading pricing practices under particular scrutiny.
- Essential services, telecommunications, electricity, and gas – In this sector, the ACCC will continue to focus on:-
– promoting competition; and
– misleading pricing and claims – particularly on energy and telecommunications.
- Competition and consumer issues in the aviation sector.
- Digital markets – focusing on:-
– manipulative and false practices and unsafe consumer goods; and
– promoting competition in digital markets.
- Environmental and sustainability claims, with a focus on greenwashing.
- Consumer product safety issues for young children, focusing on compliance with button battery, infant sleep and toppling furniture mandatory standards.
- Unfair contract terms in consumer and small business contracts, with a focus on harmful cancellation terms, including those associated with automatic renewals, early termination fee clauses and non-cancellation clauses.
- Compliance with consumer guarantees – focusing on motor vehicles.
In addition to these areas of focus, the ACCC compliance and enforcement priorities for 2026-27 extend to its ‘enduring priorities’.
- ACCC Continues its focus on the National Disability Insurance Scheme (‘NDIS’)
On 10 February, 2026, the ACCC published its ‘NDIS report: ACCC observations on consumer issues in the NDIS’[ii] (the NDIS Report). It follows on from the ACCC’s 2025/26 focus on improving compliance by NDIS suppliers with their obligations under the Australian Consumer Law (ACL). Some of the ACCC’s key observations and findings reveal:-
- false or misleading advertising by NDIS providers;
- NDIS providers failing to meet consumer guarantees rights;
- NDIS providers overcharging or wrongfully accepting payment; as well as
- NDIS contract issues, including unfair terms.
The NDIS Report provides timely and useful observations and guidance aimed at:
- educating businesses about behaviours that may breach the ACL,
- helping participants, their carers, guardians and advocates, to learn about their consumer rights under the ACL when accessing NDIS supports, and
- providing an overview of the ACCC’s work relating to the NDIS.
In particular, the NDIS Report clarifies:-
- that participants of the National Disability Insurance Scheme (NDIS) – the Australian Commonwealth Government scheme which funds support and products for people with a disability – have the same rights and protections as any other consumer, and what those rights and protections are; and
- that NDIS suppliers of products and services under the NDIS must comply with the Australian Consumer Law or risk incurring significant penalties.
- ACCC’s Enduring Focus on misuse of market power, anti-competitive conduct and cartels
On 26 March 2026 the Australian Government passed the Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Act 2026 (Cth) (‘the Act’) amending the Competition and Consumer Act 2010 (including the Australian Consumer Law). The Act doubles the first limb of the maximum penalties for corporations that engage in anti-competitive behaviour and certain breaches of competition and consumer law (‘relevant breaches’)[iii] to deter false or misleading conduct and cartel conduct.
The new legislation was driven, primarily, by the recent conflict in the Middle East and its effect on oil prices, and the Government’s concern to deter price gouging and cartel behaviour by the fuel sector, including servos and suppliers.[iv]
The Act came into effect on 28 March 2026 – i.e. the day after the Act received the Royal Assent.
This means that from 28 March 2026, the maximum penalty “for relevant breaches”[v] of the Australian Consumer Law and the Competition and Consumer Act will be:
- In the case of a company/body corporate – the greater of:-
– AU$100 million (increased from $50 million); or
– three times the value derived from the relevant breach (unchanged); or
– if the value derived from the breach cannot be determined, 30 per cent of the company’s turnover during the period it engaged in the conduct (unchanged); and
- In the case of an individual – a maximum of AU$2.5 million (unchanged).
To read Stephens Lawyers & Consultants’ legal update on the ACCC’s Compliance and Enforcement Priorities for 2025/26, See HERE.
© Stephens Lawyers & Consultants. 22 September, 2026 ; Authored by Rochina Iannella, Stephens Lawyers & Consultants
This update is not intended to be a substitute for obtaining legal advice.
For further information contact:
Katarina Klaric
Principal
Stephens Lawyers & Consultants
Melbourne Head Office
Level 40, 140 William Street, Melbourne VIC 3000
Phone: (03) 8636 9100; Fax: (03) 8636 9199
Sydney Office
Level 29, Chifley Tower, 2 Chifley Square, Sydney, N.S.W. 2000
Phone: (02) 9238 8028
Email: [email protected]
Website: www.stephens.com.au
All Correspondence to:
PO Box 16010
Collins Street West
Melbourne VIC 8007
To register for newsletter updates and to send your comments and feedback, please email [email protected]
[i] Australian Competition and Consumer Commission, ‘Compliance and Enforcement Priorities for 2026-27’; https://www.accc.gov.au/about-us/accc-strategy-and-priorities/compliance-and-enforcement-priorities#toc-this-year-s-priorities
[ii] Australian Competition and Consumer Commission, ‘NDIS report: ACCC observations on consumer issues in the NDIS’; 10 February, 2026, https://www.accc.gov.au/about-us/publications/ndis-report-accc-observations-on-consumer-issues-in-the-ndis
[iii] Parliament of Australia, Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Bill 2026 – Explanatory Memorandum, at Pars [1.20] [1.25] [1.26]
[iv] Australian Government Treasury, Media Release “New legislation passes parliament to double penalties for petrol price misconduct”, 26 March 2026 – https://ministers.treasury.gov.au/ministers/jim-chalmers-2022/media-releases/new-legislation-passes-parliament-double-penalties
[v] Parliament of Australia, Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Bill 2026 – Explanatory Memorandum, Op cit.