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Fair Trading Act 1986

Summary of changes

These summaries explain recent changes to the law. They are generated by AI comparing versions of the legislation, so they might oversimplify, miss details, or get things wrong. Learn more about how we track these changes.

24 January 2026

  • The monetary limit for the Disputes Tribunal to make an order under section 43 has been increased from $30,000 to $60,000, and the threshold purchase price for a layby sale agreement has been increased to $60,000
  • References have been updated to include the year of the Act, such as in section 46F and section 50
  • The term 'small trade contract' has been replaced with 'specified trade contract' in various provisions, including section 46L and section 26D
  • New definitions have been inserted, including 'unfair contract term', 'grocery supply contract', 'specified trade contract', and 'standard form trade contract', and the definition of 'agreement for the issue or sale of a financial product' has been amended
  • The High Court's and District Court's jurisdictions have been amended to remove references to the Commission in applications for declarations under section 46I
  • Section 48 has been amended to include offences against certain sections of the Crimes Act 1961 in the list of exceptions to privilege
  • Transitional provisions have been inserted, including a new clause 2 in Schedule 1AA, and the definition of 'specified date' has been amended

Affected provisions

  1. 1AA: Transitional, savings, and related provisions
    Transitional provisions have been inserted, including a new clause 2 in Schedule 1AA, and the definition of 'specified date' has been amended
  2. 2: Interpretation
    New definitions have been inserted, including 'unfair contract term', 'grocery supply contract', 'specified trade contract', and 'standard form trade contract', and the definition of 'agreement for the issue or sale of a financial product' has been amended
  3. 26D: Specified trade contracts: trading relationship, annual value threshold, and other definitions
    The term 'small trade contract' has been replaced with 'specified trade contract' in various provisions, including section 46L and section 26D
  4. 36B: Meaning of layby sale agreement
    The monetary limit for the Disputes Tribunal to make an order under section 43 has been increased from $30,000 to $60,000, and the threshold purchase price for a layby sale agreement has been increased to $60,000
  5. 36S: Regulations
    New definitions have been inserted, including 'unfair contract term', 'grocery supply contract', 'specified trade contract', and 'standard form trade contract', and the definition of 'agreement for the issue or sale of a financial product' has been amended
  6. 37: Jurisdiction of High Court
    The High Court's and District Court's jurisdictions have been amended to remove references to the Commission in applications for declarations under section 46I
  7. 38: Jurisdiction of District Court
    The High Court's and District Court's jurisdictions have been amended to remove references to the Commission in applications for declarations under section 46I
  8. 43B: Limits on jurisdiction of District Court and Disputes Tribunal to make orders under section 43
    The monetary limit for the Disputes Tribunal to make an order under section 43 has been increased from $30,000 to $60,000, and the threshold purchase price for a layby sale agreement has been increased to $60,000
  9. 46F: Procedures relating to management banning order
    References have been updated to include the year of the Act, such as in section 46F and section 50
  10. 46L: When term in consumer contract or specified trade contract is unfair
    The term 'small trade contract' has been replaced with 'specified trade contract' in various provisions, including section 46L and section 26D
  11. 48: Proceedings privileged
    Section 48 has been amended to include offences against certain sections of the Crimes Act 1961 in the list of exceptions to privilege
  12. 50: Saving of other laws
    References have been updated to include the year of the Act, such as in section 46F and section 50

12 December 2025

  • Updated references to include the year of the Act in various provisions
  • Amended definitions and titles to replace 'small trade contract' with 'specified trade contract' and added new definitions
  • Removed references to the Commission in applications for declarations under section 46I
  • Amended the list of exceptions to privilege in proceedings to include new offences
  • Updated the definition of 'agreement for the issue or sale of a financial product' to remove the word 'described'
  • Amended transitional, savings, and related provisions in Schedule 1AA

Affected provisions

  1. 1AA: Transitional, savings, and related provisions
    Amended transitional, savings, and related provisions in Schedule 1AA
  2. 2: Interpretation
    Amended definitions and titles to replace 'small trade contract' with 'specified trade contract' and added new definitions
  3. 26D: Specified trade contracts: trading relationship, annual value threshold, and other definitions
    Amended definitions and titles to replace 'small trade contract' with 'specified trade contract' and added new definitions
  4. 36S: Regulations
    Updated the definition of 'agreement for the issue or sale of a financial product' to remove the word 'described'
  5. 37: Jurisdiction of High Court
    Removed references to the Commission in applications for declarations under section 46I
  6. 38: Jurisdiction of District Court
    Removed references to the Commission in applications for declarations under section 46I
  7. 46F: Procedures relating to management banning order
    Updated references to include the year of the Act in various provisions
  8. 46L: When term in consumer contract or specified trade contract is unfair
    Amended definitions and titles to replace 'small trade contract' with 'specified trade contract' and added new definitions
  9. 48: Proceedings privileged
    Amended the list of exceptions to privilege in proceedings to include new offences
  10. 50: Saving of other laws
    Updated references to include the year of the Act in various provisions