Increased penalties under CCA
Parliament has passed the Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Bill 2026, doubling penalties for certain anti-competitive behaviour. It also increases penalties for certain contraventions of the Australian Consumer Law to retain parity. The Explanatory Memorandum para 1.8 states:
The new maximum penalty for breach of a relevant offence or civil penalty provision under Parts IV, IVBA, IVBB, XICA and XIB and the ACL by a body corporate will be the greatest of:
$100 million;
if the court can determine the value of the benefit obtained—three times the value of that benefit; or
if the court cannot determine the value of the benefit obtained—30% of the body corporate’s adjusted turnover during the breach turnover period for the offence, act or omission.
Para 1.11 states:
The new maximum penalties are intended to apply in the most egregious instances of non-compliance. The Court determines the appropriate amount for a penalty, up to the maximum set under the law.
The legislation was introduced on 25 March 2026, passed on 26 March 2026 and received assent on 27 March 2026. The increased penalties apply to conduct taking place on or after 28 March 2026.
See Bill Home Page.