‘Don’t Be a Jerk Laws’ Introduced Into Parliament to Combat Against Unfair Trading Practices

In this blog post for the Mallesons Pulse blog, authors Tamara Hunter & Selina Ta explain the introduction of the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026, which proposes significant reforms to the Australian Consumer Law, set to commence in July 2027. The Bill introduces a general prohibition on unfair trading practices, new rules targeting “drip pricing” through clearer display of transaction-based charges, and enhanced protections for subscription contracts affecting both consumers and small businesses.

A central feature is the new prohibition on unfair trading practices, which captures conduct that manipulates consumers or distorts their decision-making environment in a way that causes harm. The updated Bill broadens the scope of this prohibition by removing certain limitations and expanding examples of problematic conduct, particularly in digital contexts. It specifically targets “dark patterns,” such as unclear disclosures or interface designs that pressure users into unintended actions, while clarifying that the rule operates alongside existing misleading conduct provisions.

The Bill also introduces stricter requirements for pricing transparency and subscription models. Businesses must clearly display any additional transaction-based charges alongside base prices, ensuring consumers are aware of total costs upfront. For subscription contracts, companies must disclose key terms—such as pricing, renewal conditions, and cancellation processes—and provide a straightforward mechanism for users to exit subscriptions. These provisions have been streamlined and broadened compared to earlier drafts, with fewer exclusions and more flexible regulatory mechanisms.

Finally, the authors note that while the general prohibition primarily targets consumer harm, small businesses will still be affected through subscription protections and pricing rules, and must also comply with the new regime. The reforms are expected to increase scrutiny of digital interfaces and commercial practices, requiring businesses to update compliance programs, review customer-facing systems, and adjust marketing and onboarding processes to align with the new legal framework…

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