Starts 1 July 2027/C2026A00064/Read from the authorised Act/Not legal advice; does not certify
Competition and Consumer CheckerThe Act, section by section
Section 28B(7)Scope or machinery

How the new ban sits with Part 3-1

Part 3-1 of the Australian Consumer Law, which contains the existing unfair practices provisions, does not limit the new Part 2-4 by implication. The two regimes operate together, so a single course of conduct can be assessed under both.

Competition and Consumer Amendment (Unfair Trading Practices) Act 2026, Schedule 1, Part 1, item 7, section 28B(7)Starts 1 July 2027Part 1: unfair trading practices
The requirement

Do not read the new ban as replacing or narrowing misleading conduct, unconscionable conduct, false representations or the other Part 3-1 prohibitions. A compliance review should test both.

Who it binds. Suppliers, advisers and reviewers who scope a consumer law assessment.

Operative term. limits by implication

What this means in practice

A common mistake after a new prohibition is to retire the old checklist. This section prevents that. A price claim can still be misleading under Part 3-1 even if it does not meet the new two-limb test. A contract term can still be unfair under the unfair contract terms regime. The practical effect is that a review has two passes: the new conduct test and the existing prohibitions. Keep the evidence for both in one file so a later challenge does not split the story.

How to test it

For each consumer-facing change, run the existing Part 3-1 questions first, because they are familiar: is the claim true, is the term fair, is the conduct unconscionable? Then run the new two-limb test. If either pass raises a question, escalate. Record the result of both passes on the same release record. The section does not create a new cause of action; it stops a supplier arguing that the new Part somehow displaces the old one.

Evidence to keep

The Act does not prescribe these records. They are the artefacts our reading says a regulator or auditor may ask for; keep the ones that fit your business and the provision.

  • Dual review recordOne release record showing the Part 3-1 check and the Part 2-4 check, both signed.
  • Claims substantiationThe proof behind each price, benefit or comparison claim, dated.
  • Contract terms reviewThe unfair contract terms assessment for the standard form contract.
  • Legal registerThe register that lists both regimes and the owner for each.
  • Incident logAny matter assessed under both regimes, with the outcome and the lesson.

What to do first

  1. Add the new Part to the existing consumer law checklist rather than creating a separate silo.
  2. Keep one release record with both passes and the reviewer names.
  3. Brief the marketing team that a true statement can still fail the new test.

Questions

Does the new Part override Part 3-1?
No. The Act says Part 3-1 does not limit the new Part by implication. The provisions operate alongside each other.
Can one act breach both?
Yes. The same conduct can be assessed under the new general prohibition and under an existing Part 3-1 provision, and each has its own elements.

Related sections

s 28B(1): The bans 28B(2): The tests 28B(6): Examples