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, in addition to its ‘enduring priorities’, will focus on the following sectors and issues:-
- The supermarket and retail sectors – with emphasis 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 – The ACCC will continue its work promoting competition and misleading pricing and claims – particularly on energy and telecommunications.
- Competition and consumer issues in the aviation sector.
- Digital markets – with emphasis on manipulative and false practices and unsafe consumer goods and promoting competition in digital markets.
- Environmental and sustainability claims, with priority on greenwashing.
- Consumer product safety issues for young children, with emphasis on button battery, infant sleep and toppling furniture mandatory standards.
- Unfair contract terms in consumer and small business contracts, with priority on harmful cancellation terms, including those associated with automatic renewals, early termination fee clauses and non-cancellation clauses.
- Compliance with consumer guarantees – in particular consumer guarantees on motor vehicles.
In addition to these areas of focus, the ACCC compliance and enforcement priorities for 2026/2027 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 ACCC 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 ACCC 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 ACCC 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 Priority and 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 other 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 maximum penalty “for relevant breaches”[v] of the Australian Consumer Law and the Competition and Consumer Act came into effect on 28 March 2026.
In the case of a company/body corporate – it is 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 – it is 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
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[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 – Per The Hon Dr Jim Chalmers MP, Treasurer – 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.