The Australian Competition and Consumer Commission (ACCC) has announced its compliance and enforcement priorities for 2025 to 2026, outlining key areas that will impact businesses across Australia. As a legal services platform supporting businesses, Lawpath understands the significance of these priorities and their implications for entrepreneurs, startups, and SMEs navigating Australia’s regulatory landscape.
This article highlights three ACCC priorities impacting businesses and how they can stay compliant while protecting their interests.
Unfair Contract Terms – Protecting Businesses from Exploitative Agreements
Unfair Contract Terms are provisions that create a significant imbalance in the rights and obligations between the parties, are not necessary to protect the legitimate interests of the advantaged party, and cause financial or other harm if enforced. Courts assess unfairness by considering the entire contract and whether the term is transparent.
Common Examples of Unfair Contract Terms:
Some contract terms may be deemed unfair, including those that:
- Allow one party to avoid or limit their responsibilities while the other cannot.
- Give one party the sole right to terminate the contract, leaving the other without an option.
- Impose penalties on one party for breach or termination, while exempting the other.
- Permit one party to unilaterally change contract terms, without mutual agreement.
Example: Fair vs. Unfair Contract Terms
A utilities provider, Business A, offers a 12-month contract allowing it to increase service fees at any time during the contract term. However, customers must continue paying the increased rent and are not allowed to terminate the agreement early, even if they can no longer afford the higher costs. This term is likely to be considered unfair as it creates a one-sided obligation that benefits only the provider.
In contrast, Business B, another utilities provider, includes a similar price adjustment clause in its 12-month contract. However, it also gives customers the option to terminate their lease without penalty if they do not agree to the new pricing. This provides a more balanced approach and is less likely to be considered unfair under consumer protection laws.
Small businesses should be particularly cautious of contract clauses that impose automatic renewals that lock businesses into long-term contracts without clear opt-out provisions. Excessive termination fees or penalties for cancelling a service or lease can also be problematic, along with one-sided contract changes that allow the provider to modify terms without consent. Any significant imbalance of power between parties, where one side has substantially more control over contract enforcement, could also be considered unfair under the new laws.Read more about a Consumer’s Guide to Unfair Contract Terms and Typical Unfair Contract Terms.
Online Consumer Protection in the Digital Economy – Ensuring Fair Play
The ACCC is increasing its oversight of consumer and fair trading issues in the digital economy, including online advertising, and misleading digital practices, which has direct implications for businesses that operate online.
Small businesses must ensure compliance with misleading advertising laws, particularly in influencer marketing, online reviews, and digital promotions. In-app purchases and subscription models must have clear terms and avoid deceptive pricing structures. The ACCC has intensified its scrutiny of social media influencers and businesses for potential misleading advertising and undisclosed endorsements. In a recent investigation, the ACCC reviewed 118 influencers across sectors such as fashion, gaming, and technology, finding that 81% had posts across multiple platforms raising concerns under the Australian Consumer Law. The primary issue identified was the lack of disclosure regarding brand relationships, which can mislead consumers about the impartiality of the content. The ACCC plans to develop guidelines to ensure compliance and protect consumer trust in online information and in 2023 published a guide relating to Social Media Influencer Testimonials and Endorsements. They have conducted a 5 year inquiry into digital platform services, starting in 2020 with interim reports being published every 6 months until the inquiry is finalised in March 2025.
Get a fixed-fee quote from Australia's largest lawyer marketplace.
Improving Compliance by NDIS Providers Under Australian Consumer Law
As part of its enforcement priorities, the ACCC is focused on ensuring that businesses operating within the National Disability Insurance Scheme (NDIS) sector comply with Australian Consumer Law. Given the vulnerability of NDIS participants, it is crucial that providers offer fair and transparent services while avoiding misleading or unconscionable conduct. You can read further about NDIS providers put on notice for misleading advertising and an aged care provider’s Federal court case with the ACCC.
Many NDIS providers offer essential services such as disability support, therapy, and assistive technology, making compliance with consumer protection laws essential. Issues of concern include misleading claims about service quality, unfair contract terms, and failure to deliver services as promised. Some providers may also impose restrictive cancellation or anti-competitive policies that prevent participants from switching to alternative providers, which could be considered an unfair contract term under ACL. The NDIS Commission has additional compliance and enforcement tools such as the National Disability Insurance Scheme Act 2013 and other regulatory policies.
Other ACCC Priorities During the 2025 to 2026 Financial Year:
- Supermarket & Retail Sector: Addressing misleading pricing practices, ensuring consumers receive fair value amid cost-of-living pressures.
- Essential Services: Ensuring clear and accurate pricing in energy and telecommunications, vital for households and businesses.
- Aviation Sector: Tackling consumer protection issues in air travel.
- Consumer Guarantees: Strengthening industry compliance, particularly in consumer electronics.
Taking the Guesswork Out of Compliance and Staying Ahead of Regulatory Changes
The ACCC’s 2025-2026 priorities reinforce the need for businesses to remain compliant and vigilant in their dealings with contracts, service agreements, and consumer protection laws. Lawpath is committed to helping Australian businesses navigate these legal challenges by providing affordable, accessible legal services tailored to the needs of the business.
Regulatory changes can be complex and challenging for businesses to navigate, but staying compliant is essential to avoid penalties and maintain consumer trust. Lawpath has a team of legal experts who stay up to date with evolving regulations, ensuring businesses receive accurate, timely advice on compliance. From up-to-date contract templates, contract reviews and website policies to company establishment and compliance, Lawpath provides businesses with a streamlined way to meet their legal obligations.
By leveraging Lawpath’s expertise, businesses can focus on growth while ensuring they remain fully compliant with Australian Consumer Law and other regulations and therefore avoid legal issues. Lawpath takes the guesswork out of legal compliance, making it simpler and more accessible for Australian businesses.
Lawpath provides cost-effective legal solutions, expert advice, and customisable legal documents.
Need legal assistance? Visit our website to get started today.
Don't know where to start?
Contact us on 1800 529 728 to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.
