Senate Division 16 · 26 Mar 2026

Treasury Laws Amendment (Doubling Penalties for Accc Enforcement) Bill 2026 - Limitation of Debate - Price gouging

Negatived 11 aye · 26 no

What this vote was about

The majority voted against an amendment introduced by Tasmanian Senator Nick McKim (Greens), which means it was unsuccessful.

Amendment text

Page 6 (after line 9), at the end of the Bill, add:

Schedule 2 — Price gouging

Competition and Consumer Act 2010

1 Subsection 4(1)

Insert:

competitive price has the meaning given by subsection 46(2B).

2 Before subsection 46(1)

Insert:

Substantially lessening competition

3 After subsection 46(1)

Insert:

Price gouging

(2) A corporation that has a substantial degree of power in a market must not engage in conduct that results, or is likely to result, in:

(a) a good or service being acquired by another person, or supplied to another person, at a price that is excessive; or

(b) an offer being made to another person for the other person to acquire a good or service, or for the other person to be supplied a good or service, at a price that is excessive; or

(c) an agreement being entered into by another person for the other person to acquire a good or service, or for the other person to be supplied a good or service, at a price that is excessive.

(2A) For the purposes of subsection (2), in determining whether a price for the acquisition or supply of a good or service is excessive, regard must be had to the competitive price for the good or service.

(2B) The competitive price , for a good or service, is the price at which the good or service would have been acquired by, or supplied to, the other person if the corporation did not have a substantial degree of power in that market.

(2C) Subsection (2) does not apply in relation to a price for the acquisition or supply of a good or service if a law of the Commonwealth, or of a State or Territory, requires or allows the good or service to be acquired or supplied at that price.

(2D) Subsection (2) does not apply to a corporation if the sum of the following amounts is less than $10,000,000:

(a) the corporation’s turnover;

(b) the turnover of all bodies corporate that are related to the corporation;

where the turnover is worked out under subsection (9) for the corporation’s last income year (within the meaning of the Income Tax Assessment Act 1997 ) that ended at or before the time when the conduct is engaged in.

General provisions

4 At the end of section 46

Add:

Provisions relating to turnover

(9) For the purposes of subsection (2D), the turnover of a corporation, or of a body corporate, for a period is the sum of the values of all supplies the corporation, or body corporate, made during the period, other than the following:

(a) supplies that are input taxed;

(b) supplies that are not for consideration (and are not taxable supplies under section 72‑5 of the A New Tax System (Goods and Services Tax) Act 1999 );

(c) supplies that are not made in connection with an enterprise that the corporation, or body corporate, carries on;

(d) supplies that are not connected with the indirect tax zone.

(10) Expressions used in subsection (9) that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act.

5 Application

The amendments of section 46 of the Competition and Consumer Act 2010 made by this Schedule apply in relation to conduct engaged in on or after the commencement of this item.

Context written by They Vote For You volunteers (ODbL), reproduced unchanged.

Related bills

Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Bill 2026

By party

Party	Aye	No
Australian Labor Party	1	22
Australian Greens	9	1
Liberal–National Coalition	0	3
Independent	1	0

Every vote

Divisions this sitting day

Every division the Senate held that day, in order; the one on this page is marked.

Division 1 Housing Australia Amendment (Accountability) Bill 2025 - Second Reading - Agree with the bill's main idea Carried Senate 36–25
Division 2 Housing Australia Amendment (Accountability) Bill 2025 - Third Reading - Pass the bill Carried Senate 36–25
Division 3 Housing Investment Probity Bill 2024 - Second Reading - Agree with the bill's main idea Negatived Senate 26–36
Division 4 Bills — Appropriation Bill (No. 3) 2025-2026, Appropriation Bill (No. 4) 2025-2026, Appropriation (Parliamentary Departments) Bill (No. 2) 2025-2026; Second Reading Negatived Senate 5–40
Division 5 Bills — Appropriation Bill (No. 3) 2025-2026, Appropriation Bill (No. 4) 2025-2026, Appropriation (Parliamentary Departments) Bill (No. 2) 2025-2026; Second Reading Carried Senate 40–5
Division 6 Bills — Appropriation Bill (No. 3) 2025-2026, Appropriation Bill (No. 4) 2025-2026, Appropriation (Parliamentary Departments) Bill (No. 2) 2025-2026; Third Reading Carried Senate 40–5
Division 7 Committees — Selection of Bills Committee; Report Negatived Senate 12–31
Division 8 Committees — Selection of Bills Committee; Report Carried Senate 30–12
Division 9 Committees — Selection of Bills Committee; Report Carried Senate 30–12
Division 10 Documents — Housing; Order for the Production of Documents Carried Senate 36–20
Division 11 Documents — Housing Australia; Order for the Production of Documents Negatived Senate 27–30
Division 12 Documents — Department of the Treasury, Home Guarantee Scheme; Order for the Production of Documents Carried Senate 37–20
Division 13 Documents — Home Guarantee Scheme; Order for the Production of Documents Negatived Senate 27–30
Division 14 Bills — Social Security and Other Legislation Amendment (Technical Changes No. 1) Bill 2026; Second Reading Negatived Senate 12–29
Division 15 Bills — Treasury Laws Amendment (Doubling Penalties for Accc Enforcement) Bill 2026; Second Reading Negatived Senate 10–25
Division 16 Treasury Laws Amendment (Doubling Penalties for Accc Enforcement) Bill 2026 - Limitation of Debate - Price gouging Negatived Senate 11–26

Treasury Laws Amendment (Doubling Penalties for Accc Enforcement) Bill 2026 - Limitation of Debate - Price gouging

Related bills

By party

Every vote

AYE (11)

NO (26)

Divisions this sitting day