ACCC issues first ‘exceptional circumstances’ class exemption
The ACCC has issued its first ‘exceptional circumstances’ class exemption for global supply chain disruptions, applying retrospectively from 23 June 2026 until 22 December 2026. The summary of the exemption on the ACCC’s register reads:
This class exemption relates to a declaration of ‘exceptional circumstances’ made by the Treasurer in relation to global supply chain disruptions.
The declaration, which came into force on 23 June 2026, states that disruptions to global supply chains arising from the conflicts in the Middle East commencing in February 2026 and the disruptions to international shipping transport through the Strait of Hormuz constitute exceptional circumstances, which the Treasurer is satisfied are causing significant harm to the Australian economy or Australian consumers.
The class exemption provides legal protection for businesses to coordinate to address the economic impacts of the disruptions across all sectors of the Australian economy.
Businesses who are proposing to engage in conduct within the scope of the class exemption, and meet the relevant requirements and criteria, would have legal protection to engage in that conduct without the risk of breaching competition laws.
A copy of the class exemption legislative instrument and explanatory statement are available from this webpage.
See ACCC update.
See Competition and Consumer Amendment (Responding to Exceptional Circumstances) Act 2026.