Amendment timeline
Competition and Consumer Act 2010
Competition and Consumer Act 2010 (Cth)
About this Act
Australia's competition and consumer protection law. Part IV covers competition (cartels, misuse of market power, mergers). Part IVD covers the Consumer Data Right. Part IVBA covers franchising and industry codes. Schedule 2 is the Australian Consumer Law (ACL) — consumer guarantees, unfair contract terms, product safety, misleading and deceptive conduct (s 18), unconscionable conduct. From 1 January 2026, a mandatory merger control regime replaces the informal merger clearance process.
- Original Royal Assent
- 15 September 2010
- Original commencement
- 1 January 2011
Amendment timeline
Chronological list, oldest to newest. Each entry cites the legislation.gov.au compilation or as-made source and, where available, regulator guidance.
Treasury Laws Amendment (More Competition, Better Prices) Act 2022
Royal Assent
9 November 2022
Commencement
Penalties: 10 Nov 2022; UCT extension: 9 Nov 2023
What changed
Lifted maximum penalties for breaches of the competition provisions, unconscionable conduct, false or misleading representations and unfair contract terms from $10M to the greater of $50M, 3x the benefit, or 30% of adjusted turnover during the breach period for body corporates. Individual maximum lifted from $500K to $2.5M. Also expanded the Unfair Contract Terms (UCT) regime to small business contracts and introduced civil penalties for UCT for the first time (penalties effective 9 Nov 2023).
Who's affected
All Australian businesses; particularly those using standard-form contracts with small business counterparties.
Treasury Laws Amendment (2022 Measures No. 4) Act 2023
Royal Assent
19 April 2023
Commencement
Various 2023
What changed
Made consequential and technical amendments including to the franchising code regime, consumer guarantee provisions and Consumer Data Right rules. Strengthened ACCC information-gathering on Consumer Data Right participants.
Who's affected
Franchisors and franchisees; CDR accredited persons in banking and energy sectors.
Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024
Royal Assent
10 December 2024
Commencement
Voluntary notification: 1 Jul 2025; mandatory regime: 1 Jan 2026
What changed
Replaced the informal merger clearance process with a mandatory administrative merger notification regime. Acquisitions meeting prescribed turnover or transaction-value thresholds must be notified to the ACCC and cannot complete without ACCC determination (or expiry of the review period). The ACCC moves from a litigation-led model to a regulator-determines-then-litigates-on-review model, more like the EC, UK CMA or US FTC.
Who's affected
Acquirers in transactions meeting the new thresholds (typically combined Australian turnover of $200M+ AND target turnover of $50M+, or transaction value of $250M+); private equity; large corporate M&A.
Read more
What's coming next
Unfair Trading Practices prohibition is consulting (announced October 2023, exposure draft Q2 2025) — proposed new general prohibition on conduct that is 'unconscionable, unfair or deceptive' below the *Spurway/Beechwood* unconscionability threshold. Designated Digital Platforms regime still being developed. Mandatory notification thresholds for the 2026 merger regime to be finalised via Treasury Determination (consultation ongoing through 2026).
Why this matters now
The $50M+ maximum penalties make ACCC enforcement now sit alongside ASIC and APRA at the top of corporate-Australia litigation risk. UCT penalties from 9 November 2023 changed standard-form contracting forever — every supplier-of-the-day clause is now a civil-penalty exposure. And the 1 January 2026 mandatory merger regime is the biggest change to Australian competition law since 1974 — every M&A deal now requires upfront ACCC notification.
Frequently asked
When did UCT penalties start?
9 November 2023 (12 months after Royal Assent of the More Competition, Better Prices Act 2022). Before that, the UCT regime gave courts power to declare terms void but couldn't impose penalties. Now: the same uplift maximums apply to UCT contraventions as to s 18 misleading conduct.
What is a 'small business contract' for UCT purposes?
A standard-form contract where at least one party is a business that employs fewer than 100 persons, or has annual turnover of less than $10 million in the previous income year. The threshold was expanded from 20 employees and $300K transaction value in November 2023.
When does mandatory merger notification commence?
Mandatory regime: 1 January 2026. Voluntary notification under the new framework was available from 1 July 2025 (transition period). Parties can no longer use the informal merger clearance process — the only alternative is the formal Authorisation pathway for prima facie SLC concerns.
What are the merger notification thresholds?
Currently being finalised, but the legislated framework provides for thresholds based on combined parties' Australian turnover, target turnover, and transaction value. Treasury indicative thresholds in late 2025: $200M combined + $50M target turnover, or $250M global transaction value with $20M Australian nexus. Final values are set by Determination.
Can a UCT clause still be relied on if penalties aren't sought?
No — once a term in a small-business or consumer standard-form contract is declared unfair, it's void from inception. The contract continues without the offending term if possible. Reliance on a void term in trade or commerce can itself be misleading conduct under s 18 of the ACL.
Other amendment timelines
Rules Mate summarises and links to legislation.gov.au and regulator guidance. We do not republish statutory text. Every date in this timeline has been verified against the Federal Register of Legislation as at 6 June 2026. Always verify against the live source before acting. Compliance tools, not legal advice. Consult a qualified professional.