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Page title: Section 28B unfair trading practices | Unfair Trading Australia
Recorded content version: 2026-09-14
Australian implementation guide
# Section 28B unfair trading practices
From 1 July 2027, section 28B prohibits conduct connected with a consumer supply or offer where the conduct manipulates the consumer or unreasonably distorts the consumer’s decision environment and causes, or is likely to cause, financial or other detriment. Every element matters; the Act’s examples describe conduct that may qualify, not automatic contraventions.
Commences 1 July 202714 September 2026
**Limb one**
Manipulate the consumer
**Alternative limb**
Unreasonably distort the decision environment
**Required effect**
Actual or likely financial or other detriment
## Statements and evidence
Source comparisons and retained baselines are identified separately; no personal legal review is implied. [Data coverage and date meanings](https://unfairtrading.com/data/).
**Section 28B unfair trading practices: Legal fact**
From 1 July 2027, section 28B prohibits conduct connected with a consumer supply or offer where the conduct manipulates the consumer or unreasonably distorts the consumer’s decision environment and causes, or is likely to cause, financial or other detriment. Every element matters; the Act’s examples describe conduct that may qualify, not automatic contraventions.
Status: Commences 1 July 2027
Earlier source baseline: 2026-08-09. Source comparison: 2026-09-14. Automated source-content comparison. This source comparison checked the amending Act, register records, Treasury and ACCC material, and the research basis of the learning library. The latest ACL compilation was identified, but its full consumer-law volume could not be retrieved. Negative search results do not establish that no later instrument exists. Illustrative practice labels remain editorial analysis.
Revision: au-general-test@0dc7ee7d91ef23b62cb32ad5845fba563efc5089cfb01c762e1a17bd7b14c8ed
- [Competition and Consumer Amendment (Unfair Trading Practices) Act 2026](https://www.legislation.gov.au/C2026A00064/asmade): supports. Schedule 1, inserted ACL section 28B(1) and (6)
- [Competition and Consumer Act 2010, including Schedule 2: Australian Consumer Law](https://www.legislation.gov.au/C2004A00109/latest): qualifies. Context and qualifications in the linked source; see the article source list.
- [Unfair trading tricks and traps to be banned](https://ministers.treasury.gov.au/ministers/andrew-leigh-2025/media-releases/unfair-trading-tricks-and-traps-be-banned): qualifies. Context and qualifications in the linked source; see the article source list.
[Cite or inspect this claim](https://unfairtrading.com/data/#au-general-test)
**ACL section 28B: Legal fact**
Consumer-connected manipulation or unreasonable distortion with actual or likely financial or other detriment.
Status: Commences 1 July 2027
Earlier source baseline: 2026-08-09. Source comparison: 2026-09-14. Automated source-content comparison. This source comparison checked the amending Act, register records, Treasury and ACCC material, and the research basis of the learning library. The latest ACL compilation was identified, but its full consumer-law volume could not be retrieved. Negative search results do not establish that no later instrument exists. Illustrative practice labels remain editorial analysis.
Revision: au-s28b@fd05713ea6a6af292a92b404b83a2673a87054a9fcbcb4c1ce9cd5656120a637
- [Competition and Consumer Amendment (Unfair Trading Practices) Act 2026](https://www.legislation.gov.au/C2026A00064/asmade): supports. Act No. 64, 2026, Schedule 1, ACL section 28B
[Cite or inspect this claim](https://unfairtrading.com/data/#au-s28b)
## Apply the complete statutory sequence
Identify the supply or offer, confirm the consumer connection, describe the conduct, test manipulation or unreasonable distortion, then assess actual or likely detriment. Do not add “unreasonably” to the manipulation limb or omit it from the distortion limb. [↗Competition and Consumer Amendment (Unfair Trading Practices) Act 2026](https://www.legislation.gov.au/C2026A00064/asmade)
## How should the examples be read?
Section 28B(6) identifies examples that may be unfair trading practices, including material-information failures, ineffective disclosure, unreasonable pressure or obstruction, and impediments to rights or remedies. “May” preserves the need to apply the full test. [↗Competition and Consumer Amendment (Unfair Trading Practices) Act 2026](https://www.legislation.gov.au/C2026A00064/asmade)
## What is current enforcement?
Before commencement, existing sections 18, 29 and other ACL rules can already apply to particular representations, omissions, price claims and contracts. ACCC priority statements do not commence section 28B early. [↗Competition and Consumer Act 2010, including Schedule 2: Australian Consumer Law](https://www.legislation.gov.au/C2004A00109/latest)[↗Manipulative conduct in the digital economy, pricing claims and competition in essential services among ACCC priorities for year ahead](https://www.accc.gov.au/media-release/manipulative-conduct-in-the-digital-economy-pricing-claims-and-competition-in-essential-services-among-accc-priorities-for-year-ahead)
## What does this look like in a customer journey?
Illustrative example 1 · Restarting reservation timer
A fictional ticket site displays a two-minute reservation warning that silently restarts at zero, repeats a prominent purchase action and moves the leave action below changing promotional content.
Why it may matter: The combined pressure and choice environment may be relevant to manipulation or unreasonable distortion, but section 28B also requires the consumer connection and actual or likely financial or other detriment.
Illustrative example 2 · Material exclusion revealed after commitment
A fictional repair plan claims to cover every appliance, accepts payment, then presents a major appliance exclusion inside a collapsed account tab after the contract is formed.
Why it may matter: The timing and overall impression may already engage existing ACL rules and may be a section 28B risk indicator after commencement. The full tests and evidence still control the result.
Illustrative customer journey
### Interface comparison
Potentially problematic02:00: complete now
02:00: complete now. Your tickets will be lost · leave action changes position
Your tickets will be lost · leave action changes position
→
Neutral alternativeReserved until 14:32
Reserved until 14:32. Continue to payment · Leave checkout
Continue to payment · Leave checkout
Abstract comparison between a resetting pressure timer with a moving exit and a verifiable reservation deadline with stable continue and leave choices.Provenance: Original abstract interface created by the portal editorial team; no real business, product, customer or interface is depicted.
## What is a fairer or lower-risk alternative?
Use claims grounded in the actual offer or operating constraint, keep material alternatives stable and visible, disclose information before the associated decision and test the full environment for likely detriment. A clearer design reduces risk but does not create a statutory safe harbour.
## What is regulated, proposed or still open?
Status and source mapping for Section 28B unfair trading practices
Evidence layer; Status; What the source supports;
Complete section 28B test; Commences 1 July 2027; The prohibition requires consumer-connected conduct, either manipulation or unreasonable distortion of the decision environment, and actual or likely financial or other detriment. “Unreasonably” modifies only the distortion limb. [↗Competition and Consumer Amendment (Unfair Trading Practices) Act 2026](https://www.legislation.gov.au/C2026A00064/asmade);
Non-exhaustive examples; Commences 1 July 2027; The section 28B(6)(a) to (d) examples may qualify only if the full section 28B(2) test is satisfied; no UX taxonomy label is a per se finding. [↗Competition and Consumer Amendment (Unfair Trading Practices) Act 2026](https://www.legislation.gov.au/C2026A00064/asmade);
Existing ACL; Current enforcement; Sections 18, 29 and other current rules may address particular representations, omissions or overall impressions now. There is no current section 28B enforcement before commencement. [↗Competition and Consumer Act 2010, including Schedule 2: Australian Consumer Law](https://www.legislation.gov.au/C2004A00109/latest)[↗Manipulative conduct in the digital economy, pricing claims and competition in essential services among ACCC priorities for year ahead](https://www.accc.gov.au/media-release/manipulative-conduct-in-the-digital-economy-pricing-claims-and-competition-in-essential-services-among-accc-priorities-for-year-ahead);
Dedicated implementation material; Guidance pending; Implementation funding and a committee recommendation anticipate ACCC education or guidance, but no dedicated final guide is treated as published. [↗Unfair trading tricks and traps to be banned](https://ministers.treasury.gov.au/ministers/andrew-leigh-2025/media-releases/unfair-trading-tricks-and-traps-be-banned)[↗Inquiry into the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026](https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Economics/UnfairTradingBill2026);
Stepwise assessment aid; Editorial implementation guidance; The navigator and review sequence are a Flowlane reading aid for the enacted elements, not an additional statutory test, legal opinion or safe harbour. [↗Competition and Consumer Amendment (Unfair Trading Practices) Act 2026](https://www.legislation.gov.au/C2026A00064/asmade);
## What should teams review?
- What consumer supply, possible supply or offer connects the conduct to section 28B?
- Which evidence supports manipulation or the separate unreasonable-distortion limb?
- What financial or other detriment is caused or likely, and how is that conclusion supported?
### Evidence to retain
- Complete screen and interaction sequence across responsive states
- Operational evidence supporting urgency, availability and material claims
- Detriment hypothesis, complaint evidence and review decision
## Applicability navigator
General information only. The result is not legal advice or a certificate.
1. Is the conduct connected with a consumer supply, possible supply or offer? Yes No / unsure2. Does the evidence indicate manipulation of the consumer? Yes No / unsure3. Does the conduct unreasonably distort the consumer’s decision environment? Yes No / unsure4. Does the conduct cause or likely cause financial or other detriment? Yes No / unsure
Planning indication
Answer the questions to see issues for review.
Source basis: Act No. 64 of 2026; verify facts and later instruments before relying on a result.
[Flowlane](https://www.getflowlane.com/?utm_source=unfairtrading.com&utm_medium=referral&utm_campaign=guide-section-28b-unfair-trading-practices): It follows an available signup, checkout or account path and preserves the sequence of copy, defaults, disclosures and controls for product and legal review. Your team decides whether the complete section 28B test is engaged; the platform does not make that legal conclusion. [Test a decision journey →](https://www.getflowlane.com/?utm_source=unfairtrading.com&utm_medium=referral&utm_campaign=guide-section-28b-unfair-trading-practices)
Evidence base
## Sources
- [Competition and Consumer Amendment (Unfair Trading Practices) Act 2026](https://www.legislation.gov.au/C2026A00064/asmade)Federal Register of Legislation · Primary · checked 2026-09-14 · C2026A00064
- [Competition and Consumer Act 2010, including Schedule 2: Australian Consumer Law](https://www.legislation.gov.au/C2004A00109/latest)Federal Register of Legislation · Primary · checked 2026-09-14 · C2004A00109
- [Unfair trading tricks and traps to be banned](https://ministers.treasury.gov.au/ministers/andrew-leigh-2025/media-releases/unfair-trading-tricks-and-traps-be-banned)Treasury Ministers · Primary · checked 2026-09-14
- [Manipulative conduct in the digital economy, pricing claims and competition in essential services among ACCC priorities for year ahead](https://www.accc.gov.au/media-release/manipulative-conduct-in-the-digital-economy-pricing-claims-and-competition-in-essential-services-among-accc-priorities-for-year-ahead)Australian Competition and Consumer Commission · Primary · checked 2026-08-09
- [Inquiry into the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026](https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Economics/UnfairTradingBill2026)Senate Economics Legislation Committee · Primary · checked 2026-08-09
Source comparison: 14 September 2026 · [Dated findings](https://unfairtrading.com/updates/act-enacted-baseline/) · [Status and updates](https://unfairtrading.com/data/history/)
**What this comparison covered**
The enacted text still sets commencement for 1 July 2027. The ACCC reiterated the forthcoming reforms on 3 September 2026. No dedicated prescribing instrument or final implementation guide was identified in the official locations checked on 14 September.
This source comparison checked the amending Act, register records, Treasury and ACCC material, and the research basis of the learning library. The latest ACL compilation was identified, but its full consumer-law volume could not be retrieved. Negative search results do not establish that no later instrument exists. Illustrative practice labels remain editorial analysis.
Editorial responsibility: [Tobias Reittinger](https://unfairtrading.com/authors/tobias-reittinger/). Published by Flowlane.
Editorial responsibility does not indicate a personal legal review. Original studies and official documents retain their named authors.
**Cite this page**
Section 28B unfair trading practices | Unfair Trading Australia. Editorial responsibility: Tobias Reittinger. Unfair Trading Australia. Content version: 2026-09-14. [https://unfairtrading.com/section-28b-unfair-trading-practices/](https://unfairtrading.com/section-28b-unfair-trading-practices/)
[Claims and sources](https://unfairtrading.com/data/) · [Status and updates](https://unfairtrading.com/data/history/) · [Methodology](https://unfairtrading.com/methodology/) · [Corrections](https://unfairtrading.com/corrections/)
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