In September 2022, the Commonwealth, state and territory consumer ministers agreed that the Commonwealth would lead a public consultation on options to address unfair trading practices on behalf of all jurisdictions. 

Unfair trading practices are particular types of commercial conduct which are not prohibited by existing provisions of Australia’s consumer laws, but which can nevertheless distort competition and result in significant consumer and small business harm.

This consultation paper focuses on identifying and addressing unfair trading practices that may harm consumers and small businesses in Australia. It proposes introducing a general prohibition against unfair trading practices, supplemented by specific prohibitions targeting identified gaps in existing consumer protection law. The paper also explores the design elements of these prohibitions and seeks stakeholder feedback on their potential benefits and compliance costs.

This paper builds on an earlier consultation about the nature and extent of these practices in Australia.

The consultation closed on 13 December 2024.