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Australia Expands ACCC Emergency Powers to Fast-Track Competition Law Exemptions

By  |  May 27, 2026
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Australia has enacted new legislation granting the country’s competition regulator broader authority to quickly exempt businesses from certain competition laws during national emergencies and other declared crises.

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    The Competition and Consumer Amendment (Responding to Exceptional Circumstances) Bill 2026 became law on May 26, 2026, expanding the powers of the Australian Competition and Consumer Commission (ACCC) to allow faster approvals for coordinated business activity in urgent situations.

    According to a statement accompanying the legislation, the reform was introduced to address shortcomings in the ACCC’s existing authorisation framework. While the regulator already had the ability to permit competitors to work together under specific circumstances, officials considered the process too inflexible and time-consuming during rapidly developing emergencies.

    The new law establishes a separate and accelerated mechanism designed specifically for situations involving declared national emergencies or other exceptional conditions.

    Per a statement tied to the bill’s passage, the ACCC’s expedited exemption powers can now be triggered in two ways. The first involves a formal national emergency declaration under the National Emergency Declaration Act. The second allows the Treasurer to determine that exceptional circumstances exist, even when a formal national emergency has not been declared.

    Related: Australia’s ACCC Faces Pressure to Approve Fuel Collaboration Among Miners

    That second pathway is intended to provide authorities with greater flexibility in responding to emerging threats before conditions worsen.

    Assistant Minister Andrew Leigh addressed the measure during the bill’s second reading speech on May 25, 2026. According to a statement from the parliamentary proceedings, Leigh said the Treasurer’s declaration mechanism was designed to operate as a pre-emptive tool capable of being used when potential harm is foreseeable rather than waiting for a crisis to escalate further.

    The legislative change is expected to allow businesses to coordinate more rapidly during disruptions affecting supply chains, essential services, or other sectors critical to the national interest while still operating under regulatory oversight from the ACCC.

    Source: Insurance Business Mag