From 28 March 2026, the statutory penalty framework under the Competition and Consumer Act 2010 (Cth) (CCA) and Australian Consumer Law (ACL) has been amended to increase the fixed pecuniary limb for corporations.
Under the Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Act 2026 (Cth), the maximum fixed penalty is now $100 million per contravention, up from $50 million.
The amendments form part of a broader package of measures announced by the Australian Government in response to rising petrol prices associated with the conflict in the Middle East, including increased scrutiny of the fuel sector and strengthened enforcement settings.
As part of that package, the Government announced the doubling of penalties for certain contraventions, including false or misleading conduct and cartel conduct, on an economy-wide basis.
While prompted by those conditions, the increased penalties apply across the economy and are not limited to the fuel sector.
What has changed
The Act increases the first limb of the maximum penalty for certain competition and consumer law contraventions by a body corporate from $50 million to $100 million. The applicable maximum penalty is now the greater of:
- $100 million (increased from $50 million);
- three times the value of the benefit obtained from the contravention; or
- 30% of adjusted turnover during the breach period (where the benefit cannot be determined).
The second and third limbs are unchanged. For businesses with significant turnover, or where the benefit from the conduct can be quantified, the applicable maximum penalty may exceed $100 million.
Scope
The amendments operate across the principal civil and criminal penalty provisions of the CCA and ACL by substituting references to $50 million with $100 million.
They therefore apply broadly to competition and consumer law risk, including conduct captured by:
- Part IV of the CCA (anti-competitive conduct); and
- the ACL, including misleading or deceptive conduct, unfair contract terms and product safety provisions.
Not all penalty provisions are affected. However, the amendments capture the core provisions typically relied on in ACCC enforcement.
Why this matters
The Act increases the baseline statutory exposure for corporations.
Its practical impact will be most significant where the fixed monetary limb operates as the effective constraint on penalty, rather than the turnover-based or benefit-based limbs.
The amendments continue the recent trend toward higher maximum penalties as a central feature of competition and consumer law enforcement.
Practical Implications
Businesses should assume continued regulatory focus on conduct that may attract significant penalties, with a higher statutory ceiling now available to the courts.
In that context, businesses should:
- maintain effective competition and consumer law compliance frameworks;
- review standard form contracts, particularly for unfair contract term risk;
- ensure customer-facing representations are accurate and substantiated; and
- implement clear governance over pricing and competitor interactions.
How We Can Help
Our Corporate and Commercial team advises on competition and consumer law compliance, contract review and regulatory risk.
Please contact us if you would like to discuss how these amendments may affect your business.
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This summary is intended as general information only and does not constitute legal advice. You should seek specific legal advice in relation to your individual circumstances.