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 312Scope or machinery

Which contracts the subscription rules reach

The subscription provisions apply to contracts signed on or after the Part 3 start. They do not apply to earlier contracts, but they do apply to an earlier contract that is renewed, extended or continued after commencement, from the day that step takes effect, and to a varied contract from the day of variation.

Competition and Consumer Amendment (Unfair Trading Practices) Act 2026, Schedule 1, Part 4, item 22, section 312Starts 1 July 2027Part 4: application and review
The requirement

Date the contract and each renewal, extension, continuation or variation. The rules reach an earlier contract when one of those events happens after the start date.

Who it binds. Suppliers with subscription contracts that began before 1 July 2027, and the teams that manage renewals and variations.

Operative term. renewed, extended or otherwise continued

What this means in practice

The application rule is event based. A contract signed before the start date is outside the subscription provisions until it is renewed, extended or otherwise continued, or varied. When that happens, the provisions reach the contract in its renewed, extended, continued or varied form, from the day the event takes effect. A variation that happens first takes the contract in on the variation date, and a later renewal does not undo that. The practical work is to identify every pre-start contract, the next event, and the date. An auto-renewal is the most common event, so the renewal calendar is the working list.

How to test it

Split the subscription book into contracts entered before and on or after 1 July 2027. For each pre-start contract, find the next renewal, extension, continuation or variation. If the event is after the start date, apply sections 48B, 48E and 48F from the event date. If a variation happens before a renewal, use the variation date. Record the event and the date in the contract record, and do not apply the rules to the pre-event period.

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.

  • Contract book splitPre-start and post-start contracts, with the entry date for each.
  • Event calendarThe next renewal, extension, continuation or variation for each pre-start contract.
  • Variation registerThe date and nature of each variation, with the new terms.
  • Notice recordThe notice given to the subscriber about the change.
  • Application noteThe rule applied to each contract, with the event date and the provision.

What to do first

  1. Split the book by contract date and identify the next event for every pre-start contract.
  2. Put the event date in the contract record, not only the renewal date.
  3. Apply the rules from the event date, not from the original signature.

Questions

Does a price rise count as a variation?
It can, if it varies the contract. The Act applies the provisions to the contract as varied from the day the variation takes effect. Whether a particular change is a variation is a question on the terms.
What if the contract auto-renews?
A renewal, extension or other continuation after commencement brings the contract within the provisions from the day it takes effect.

Related sections

s 48B: Subscription tests 311: Conduct timings 313: Property safeguard