This bill became law on Apr 8th, 2024.
Budget, tax & economy
Approved consumer and small business groups can now make formal complaints to the Australian Competition and Consumer CommissionThe regulator that enforces competition and consumer law and must assess the new complaints in this bill. about major market problems affecting Australians.
Significant or systemic market problems affecting consumers and small businesses lacked a formal way for approved groups to require an ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill. response. This bill creates a designated complaintsThe special complaints pathway created by this bill for approved groups to raise serious market problems with the ACCC. process that requires the ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill. to assess those complaints, reply within set timeframes, and act if it decides action is needed.
Labor took a 2022 election commitment to create a "super complaintsA model from the United Kingdom that lets approved groups raise major market-wide problems and require an official response." style channel after years in which the ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill. was already policing anti-competitive conduct across sectors, but consumer and small business groups still had no formal way to force a response on significant market-wide problems. The 2024 bill turned that commitment into a designated complaintsThe special complaints pathway created by this bill for approved groups to raise serious market problems with the ACCC. scheme with deadlines for ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill. decisions and follow-up action, and it became law in April 2024 after passing both houses with an agreed Senate amendmentA change made by the Senate that the House later agreed to so the bill could pass in the same form in both chambers..
The main criticism was that the bill may create a privileged fast-track for selected groups without fixing the ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill.'s broader responsiveness, and that ministerial control over who gets that access could be used unfairly. Those concerns were raised mainly by crossbench and Coalition speakers, while broader support remained but was often conditional on review and close scrutiny of how the scheme works.
Andrew Leigh MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 08 Apr 2024
Final passage
Passed without a counted vote
1 recorded amendment or procedural vote was found, but no counted vote on the bill itself was recorded.
Passage speed
53 days
From introduction to the latest recorded parliamentary step
Meaning
Approved consumer and small business groups can now make formal complaints to the Australian Competition and Consumer CommissionThe regulator that enforces competition and consumer law and must assess the new complaints in this bill. about major market problems affecting Australians.
The Australian Competition and Consumer CommissionThe regulator that enforces competition and consumer law and must assess the new complaints in this bill. must assess each formal complaint and tell the complainant within 90 days whether it will act or take no further action.
If the Australian Competition and Consumer CommissionThe regulator that enforces competition and consumer law and must assess the new complaints in this bill. says it will act on a formal complaint, it must start that work as soon as practicable and within 6 months.
The Minister can set extra rules by legislative instrumentA rule made by a minister or agency that can fill in details of the scheme and is still subject to parliamentary scrutiny., including limits on how many approved complainants there are and how many complaints they can make.
The government must arrange an independent reviewA formal outside review of the new complaint powers after they have been in operation for 24 months. of these new complaint powers after 24 months and table the report in Parliament.
A designated complainant is an entity that the Minister is satisfied (among other things) represents the interests of consumers or small businesses in Australia in relation to a range of market issues that affect them.Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Act 2024 final Act text
(1) If the Commission receives a designated complaint from a designated complainant, the Commission must, within 90 days, assess the complaint and give the complainant one of the following:Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Act 2024 final Act text
(b) in any case, commence the actions set out in the notice within the period of 6 months after giving the notice; andCompetition and Consumer Amendment (Fair Go for Consumers and Small Business) Act 2024 final Act text
The Minister may, by legislative instrument, make a determination (the designated complaints determination) prescribing matters required or permitted by this Part to be prescribed by the designated complaints determination.Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Act 2024 final Act text
(2) The review must commence as soon as practicable after the end of the period of 24 months after the commencement of this Act.Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Act 2024 final Act text
Context
Labor took a 2022 election commitment to create a "super complaintsA model from the United Kingdom that lets approved groups raise major market-wide problems and require an official response." style channel after years in which the ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill. was already policing anti-competitive conduct across sectors, but consumer and small business groups still had no formal way to force a response on significant market-wide problems. The 2024 bill turned that commitment into a designated complaintsThe special complaints pathway created by this bill for approved groups to raise serious market problems with the ACCC. scheme with deadlines for ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill. decisions and follow-up action, and it became law in April 2024 after passing both houses with an agreed Senate amendmentA change made by the Senate that the House later agreed to so the bill could pass in the same form in both chambers..
Labor promises a super complaintsA model from the United Kingdom that lets approved groups raise major market-wide problems and require an official response. power
Government speakers said the designated complaintsThe special complaints pathway created by this bill for approved groups to raise serious market problems with the ACCC. scheme was part of Labor's 2022 election commitment to strengthen competition policy for consumers and small business.
Hansard ↗Government says market-wide problems need a formal ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill. pathway
In the second reading speech, the government argued that while the ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill. had acted against anti-competitive behaviour in several sectors, approved groups still needed a formal way to require a response on significant or systemic market issues.
Hansard ↗HouseThe lower house of Parliament, which first considered and passed the bill before it went to the Senate. passes the bill
The HouseThe lower house of Parliament, which first considered and passed the bill before it went to the Senate. completed its consideration and passed the bill, sending the designated complaintsThe special complaints pathway created by this bill for approved groups to raise serious market problems with the ACCC. proposal to the Senate.
Parliamentary timeline ↗Parliament passes the bill
The HouseThe lower house of Parliament, which first considered and passed the bill before it went to the Senate. agreed to the Senate amendmentA change made by the Senate that the House later agreed to so the bill could pass in the same form in both chambers. on 26 March 2024, allowing the bill to pass both Houses in the same form.
Parliamentary timeline ↗Royal AssentThe final step that turns a passed bill into an Act of Parliament. makes the complaints scheme law
Royal AssentThe final step that turns a passed bill into an Act of Parliament. on 8 April 2024 turned the bill into an Act, formally establishing the new designated complaintsThe special complaints pathway created by this bill for approved groups to raise serious market problems with the ACCC. framework in competition law.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered the bill in detail and dealt with amendments before the next stage.
Consideration in detail debate
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber considered the bill in detail and dealt with amendments before the next stage.
Consideration in detail debate
The chamber considered the bill in detail and dealt with amendments before the next stage.
Consideration in detail debate
The chamber agreed to the bill at third reading, which completed passage through that chamber. Later message exchanges with the other chamber were still recorded afterwards.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (29/02/2024): Senate Economics Legislation Committee; Committee report (15/03/2024)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered amendments before the bill moved to the next stage.
Committee of the Whole debate
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The HouseThe lower house of Parliament, which first considered and passed the bill before it went to the Senate. dealt with Senate amendments or requests so both chambers could settle the bill in the same form. The main accepted Senate changes reflected in the final bill were: The introduced and as-passed bill texts differ in 2 observed text blocks, including an added independent reviewA formal outside review of the new complaint powers after they have been in operation for 24 months. requirement. The APH record also shows a Senate Opposition amendment carried on voices, the HouseThe lower house of Parliament, which first considered and passed the bill before it went to the Senate. accepted Senate amendments, and the HouseThe lower house of Parliament, which first considered and passed the bill before it went to the Senate. defeated a Warringah amendment 15-57.
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Key criticism
The main criticism was that the bill may create a privileged fast-track for selected groups without fixing the ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill.'s broader responsiveness, and that ministerial control over who gets that access could be used unfairly. Those concerns were raised mainly by crossbench and Coalition speakers, while broader support remained but was often conditional on review and close scrutiny of how the scheme works.
No party represented in the debate opposed the bill, but several speakers treated support as qualified.
Risk of a selective or politicised complaints gate
Critics warned the new system could favour chosen organisations rather than treat complaints evenly, especially because the minister can control who is approved and how the scheme operates. The concern was that access might be skewed toward political allies or "favoured" groups instead of the most important consumer or small-business problems.
May not fix the ACCC's wider complaint-handling problem
Several supporters said the bill looked more like a narrow triage mechanism than a full solution, because it gives selected complainants a faster lane but may leave ordinary complainants facing the same delays and weak accountability. Some also argued it did not go far enough without stronger powers or more resources for the ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill..
Need for safeguards and review before confidence in the scheme
Support for the bill was sometimes tied to adding an independent reviewA formal outside review of the new complaint powers after they have been in operation for 24 months., reflecting concern that Parliament needed an early check on whether the new process was working fairly and actually improving outcomes. The push for a mandatory review showed some senators were not prepared to rely on the scheme without an added safeguard.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
HouseThe lower house of Parliament, which first considered and passed the bill before it went to the Senate. agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.
House
Defeated 15 to 57. Support came from Greens and minor parties and independents. Opposition came from Labor and Liberal Party.
The division shows the HouseThe lower house of Parliament, which first considered and passed the bill before it went to the Senate. did not add the proposed small-business change before the bill moved on.
The HouseThe lower house of Parliament, which first considered and passed the bill before it went to the Senate. agreed to the amendments made by the Senate, so the bill could pass both chambers in the same form.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Senate
Senator Dean Smith moved the Opposition amendment requiring an independent reviewA formal outside review of the new complaint powers after they have been in operation for 24 months. after 24 months and a report tabled in Parliament. The Senate agreed to it on voices.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
Parliamentary debate
Start here — lead voices
Andrew Leigh supports the bill, saying it delivers Labor's election commitment to give designated complainants a way to raise significant or systemic consumer and small-business complaints with the ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill..
Read in Hansard ↗Spender supports the bill because it will help consumers and businesses, but says it is only a workaround for the ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill.'s poor responsiveness and lack of accountability.
Read in Hansard ↗Steggall says she is prepared to give the government the benefit of the doubt and let the bill proceed, but wants a review clause because she is worried the new complaints process may just create a triage system that favours designated complainants without properly resolving broader consumer complaints.
Read in Hansard ↗Murray Watt supports the bill, saying it delivers Labor’s commitment to create a designated complaintsThe special complaints pathway created by this bill for approved groups to raise serious market problems with the ACCC. function in the ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill. so consumer and small business advocates can raise significant or systemic market issues.
Read in Hansard ↗All speeches by bloc
7 speakers · 8 contributions · 7 support
“The Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Bill 2024 delivers on this commitment, with designated complainants being able to raise significant or systemic complaints with the Australian Competition and Consumer Commission from July 2024.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Andrew Leigh on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Andrew Leigh supports the bill, saying it delivers Labor's election commitment to give designated complainants a way to raise significant or systemic consumer and small-business complaints with the ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill.. He argues the framework will improve transparency, accountability and timely responses to serious market issues.
“More competition means better prices, which is why Labor committed at the last election to establishing a 'designated complaints' function within the Australian Competition and Consumer Commission. The Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Bill 2024 delivers on this commitment, with designated complainants being able to raise significant or systemic complaints with the Australian Competition and Consumer Commission from July 2024.”Read this contribution in Hansard ↗
Second reading speech
Andrew Leigh supports the bill and says it is part of the government’s broader competition reform agenda to give consumer and small business advocates a formal complaints channel to the ACCCThe regulator that enforces competition and consumer law and must assess the new complaints in this bill.. He argues it will improve responsiveness to significant or systemic market issues and commends the bill to the HouseThe lower house of Parliament, which first considered and passed the bill before it went to the Senate..
“In closing, I would like to thank my staff, particularly Tori Barker; officials in the Department of the Treasury, particularly the consumer policy and Law Division teams; the Australian Competition and Consumer Commission; and the Office of Parliamentary Counsel for their hard work on the bill. I commend the bill to the House.”Read this contribution in Hansard ↗
“The Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Bill 2024 before the House today delivers on this commitment, with designated complainants being able to raise significant or systemic complaints with the ACCC from July this year.”Read the full speech in Hansard ↗
“I rise in support of the measures proposed in the Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Bill 2024, introduced by the honourable Assistant Minister for Competition, Charities and Treasury. I do not support the amendment put forward by the member for Hume. The establishment of a 'super complaints' function was a key component of the better competition election commitment that we took to the Australian people in 2022. This bill is honouring the commitment by creating what we now call the designated complaints function within the Australian Competition and Consumer Commission. The Albanese Labor government is taking action to support consumers and small business to get a fair go.”Read the full speech in Hansard ↗
“This bill delivers on that promise and establishes a designated complaints function within the ACCC. The bill will empower the minister to designate entities as designated complainants.”Read the full speech in Hansard ↗
“This is a fantastic change. It will result in better outcomes for consumers and small businesses. It will mean that the ACCC can be aware of issues and take action sooner, when action is required, so it is a very welcome change.”Read the full speech in Hansard ↗
“The government-supported amendments provide for an independent review of the scheme as soon as practicable 24 months after the commencement of the bill, with the report to be tabled in parliament at the conclusion of the review. I commend the bill to the Senate.”Read the full speech in Hansard ↗
4 speakers · 5 contributions · 4 support
“The coalition is supportive, though, of policy that can have a positive impact.”Read the full speech in Hansard ↗
“We will be supporting this legislation, and I will work with the relevant minister to make sure this legislation comes through in an appropriate form. In line with the comments I have already made, I move:”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Matt O'Sullivan on this bill. They are grouped here so the speaker is listed once.
Second reading speech
O'Sullivan says the coalition will support the bill, but it wants amendments and will watch closely how the designated complainantAn organisation or other approved entity that the Minister has allowed to use the designated complaints pathway. powers are used. His main concern is that the process must not become a way to reward Labor allies or union favourites.
“I rise to speak on the Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Bill 2024. As my colleagues have indicated, including Senator Liddle, we will be supporting the bill, with some amendments. In short, this bill introduces a single scheduled amendment to the Competition and Consumer Act 2010, enabling the minister to designate entities as designated complainants, allowing them to escalate complaints to the ACCC and receive a response within 90 days. Naturally, the coalition will be closely watching to see who the minister approves. This must not be used as another chance for the government to simply appoint and reward Labor Party friends or union paymasters. I note, in the designated complaints consultation phase of the bill, that the National Farmers Federation made a submission. In part, the NFF said:”Read this contribution in Hansard ↗
Second reading speech
Matt O'Sullivan supports the bill and says it shows the government is finally listening to small businesses, though only in a limited way. He wants stronger action overall, including more relief and less red tape for small business.
“But, as I said last night, I am pleased in relation to the Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Bill 2024 that the government are showing that they are listening to small businesses, albeit in a small way. I do welcome it nonetheless.”Read this contribution in Hansard ↗
“The coalition will be supporting the Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Bill 2024. This bill is a one-schedule amendment to the Australian Consumer Law. It establishes a new designated complaints function by empowering the relevant minister to appoint entities as designated complainants, granting them the power to progress complaints directly to the Australian Competition and Consumer Commission and receive a response within 90 days. When deciding whether to approve an applicant as a designated complainant, the minister must consider a number of things: firstly, their experience and ability in representing the interests of consumers and small businesses or both in Australia in relation to a range of market issues affecting them; and secondly, the extent to which the applicant will act with integrity as a complainant. I note that the coalition will be watching very closely who the minister approves in these situations. This provision must not be used as an opportunity to reward Labor Party friends or the Albanese government's union paymasters.”Read the full speech in Hansard ↗
2 speakers · 1 support · 1 mixed
“This bill, which we will support, tinkers around the edges. We need far more significant, far deeper and far broader competition powers in Australia.”Read the full speech in Hansard ↗
“Giant supermarket corporations have had their way for far too long, and Australians know that this must change. This is clear from the sheer number of inquiries and reviews into the supermarket sector at both the state and federal level. This Labor government needs to be more ambitious and willing to tackle the problem head on, but this bill we're considering tonight does not do that. The Greens do support this bill's creation of a new designated complaints function for consumer and small business groups to raise complaints with the ACCC relating to systemic market issues. However, it's just another example of the Labor government tinkering around the edges instead of taking the real, significant, meaningful action we need to address this problem. We call on the Labor government to take the side of the Australian people and join with the Australian Greens to support the creation of divestiture powers to break up the supermarket duopoly.”Read the full speech in Hansard ↗
3 speakers · 2 support · 1 mixed
“I am supporting this bill, not because I particularly love this workaround—and I see this particularly as a workaround; I'm supporting this bill because it will help consumers and businesses. But I think that this is actually a symptom of the problems in government and the lack of accountability, rather than anything that should be applauded.”Read the full speech in Hansard ↗
“I am prepared to give the government the benefit of the doubt on this bill, in the hope that this will provide a better pathway to the resolution of consumer complaints, but I will be moving an amendment to ensure we have a review clause in the legislation to ensure that it is working properly.”Read the full speech in Hansard ↗
“This bill from the government is good. It's small; it's a start. I do support this legislation, but it really does need to have some financial backing behind it. If there's no extra money behind it, I think that it's really quite worthless, because we're asking the ACCC to do more with less when we know there are some serious issues.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Consideration in detail debate
Consideration in detail
The chamber considered the bill in detail and dealt with amendments before the next stage.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Consideration in detail debate
Consideration in detail
The chamber considered the bill in detail and dealt with amendments before the next stage.
House · Consideration in detail debate
Consideration in detail
The chamber considered the bill in detail and dealt with amendments before the next stage.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the whole: amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
House · Consideration of Senate message
Consideration of Senate message
The HouseThe lower house of Parliament, which first considered and passed the bill before it went to the Senate. dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Senate Economics Legislation Committee; Committee report (15/03/2024)
Referred to committee
Referred to Committee (29 Feb 2024): Senate Economics Legislation Committee; Committee report (15 Mar 2024)
APH bill page notes
