Unfair trading practices: Submission in response to February 2026 Exposure draft

Abstract

Australians were promised that the government would act “to stop businesses ripping off Australians by banning unfair trading practices under the Australian Consumer Law”. The National AI Plan asserts that Australia’s existing regulatory frameworks – including the Australian Consumer Law (ACL) – are sufficient to protect Australians’ rights and safety even in the context of rapidly developing technology, including Artificial Intelligence (AI), and states that regulatory gaps will be addressed. The Treasury has assured the Australian public– that “[t]he principles-based protections provided under the ACL are generally well adapted to address the potential consumer law risks of AI enabled goods and services”. Australians have been told that Australia’s existing and expert regulators will be empowered to act to ensure AI is used safely and responsibly.