The ACCC has welcomed new powers that allow for faster, streamlined exemptions to Australia’s competition laws in response to national emergencies and other exceptional circumstances.
Earlier this week, the Competition and Consumer Amendment (Responding to Exceptional Circumstances) Bill 2026 received royal assent.
The ACCC’s new powers will allow it to fast-track competition exemption decisions for businesses that need to urgently coordinate with their competitors to mitigate potential harm to consumers and the broader economy.
This may include, for example, coordinating to ensure continued supply of a critical product or service during a national crisis.
The new powers will be triggered by the declaration of a national emergency by the government under the National Emergency Declaration Act, or when the Treasurer declares exceptional circumstances apply.
“The ACCC supports a more efficient approach to competition law exemptions during emergencies to ensure the continued supply of essential goods and services,” says ACCC Chair Gina Cass-Gottlieb.
“We welcome the royal assent of this legislation, which recognises the importance of swift and effective exemptions processes to help Australian businesses cooperate where collective action is likely to be most effective to respond to the exceptional circumstances and support affected communities.
“The new streamlined exemption processes will help businesses to move quickly to coordinate practical responses during emergencies. The ACCC will apply clear safeguards, so coordination goes no further than necessary and impacts on competition are minimised.
“Under the new streamlined exemption powers, the ACCC can only grant exemptions for activities that would likely assist in the response to, or recovery from, the exceptional circumstances which are declared.”
The ACCC will develop practical guidance on these new powers and work closely with businesses and other stakeholders to help them understand these new streamlined processes.

