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 313Scope or machinery

The acquisition of property safeguard

The safeguard limits 28B, 48E and 48F only so far as applying them would take property other than on just terms, contrary to paragraph 51(xxxi) of the Constitution. It is a constitutional safeguard, not a general exemption.

Competition and Consumer Amendment (Unfair Trading Practices) Act 2026, Schedule 1, Part 4, item 22, section 313Starts 1 July 2027Part 4: application and review
The requirement

Do not read the safeguard as a business defence. It applies only so far as the three sections would take property other than on just terms and the acquisition would be invalid under the Constitution.

Who it binds. The Commonwealth and any party applying the three sections in a matter where property is said to be acquired.

Operative term. acquisition of property

What this means in practice

This is a standard constitutional provision, and it is narrow. It does not exempt a supplier from the ban or the subscription duties. It operates only to the extent that applying section 28B, 48E or 48F would acquire property without just terms in a way the Constitution would invalidate. The practical effect for a compliance team is close to nil: plan to comply with all three sections, and leave the safeguard to the lawyers if a property question arises. A page that treated it as a reason to delay would misread the Act.

How to test it

If a matter is said to involve an acquisition of property, identify the property, the person it is acquired from, the terms of the acquisition and the section said to cause it. Then take advice. For ordinary compliance planning, do not apply the safeguard; it does not change the start date, the conduct test or the subscription duties. Record the advice if the point is raised.

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.

  • Legal adviceThe advice on any property question, with the section and the facts considered.
  • Matter fileThe property said to be acquired and the person it is acquired from.
  • Decision recordThe reason the safeguard was or was not applied.
  • Compliance planThe plan to comply with sections 28B, 48E and 48F without relying on the safeguard.
  • Review dateThe date the advice will be revisited if the matter changes.

What to do first

  1. Do not use the safeguard as a compliance exemption.
  2. Take advice if a property question is raised, and keep it with the matter.
  3. Keep the compliance plan on the three sections unchanged.

Questions

Is this a business exemption?
No. It is a constitutional safeguard that applies only to the extent the three sections would bring about a taking of property other than on just terms.
Which sections does it cover?
Sections 28B, 48E and 48F. It does not cover the drip pricing duty in section 48A.

Related sections

s 28B(1): The bans 48E(1): During the contracts 48F(1): Exit method