The Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026 represents a significant expansion of the Australian Consumer Law. The policy intent – to address the growing prevalence of "dark patterns" and digital manipulation – is one that industry broadly supports. Protecting consumers from genuinely deceptive and exploitative conduct is a legitimate and important regulatory objective.

However, support for the policy goal does not extend to support for the current drafting. As it stands, the Bill introduces a degree of legal and operational uncertainty that risks imposing compliance costs disproportionate to the consumer harms it seeks to remedy. The breadth of the proposed prohibition on unfair trading practices, the expansive scope of the detriment test, and the practical difficulties of implementing the regime across diverse sectors all require careful reconsideration before the Bill proceeds.

This submission seeks to ensure that the final legislation is targeted, workable, and proportionate – and that it achieves its stated objectives without creating unnecessary uncertainty, regulatory duplication or unintended burdens on businesses that are acting in good faith.