The proposed Competition and Consumer Commission Bill 2026 would grant the Commission expanded powers to enter and search premises, seize evidence and access computers during investigations, as nationwide public consultations continue.
Under the draft legislation, Commission officers would be permitted to enter and search premises with the consent of the occupier, under a court-issued warrant, or without a warrant in urgent circumstances where there are reasonable grounds to believe evidence could be lost or destroyed.
The Bill would also allow Commission officers to search individuals in public places without a warrant if they reasonably believe it is urgently necessary to prevent the destruction or loss of documents or other evidence relating to an alleged breach of the law.
The proposed powers are designed to strengthen the Commission’s ability to investigate anti-competitive conduct and consumer protection offences.
During a search, Commission officers would be authorised to use reasonable force to enter premises where legally permitted, examine documents or other items, take photographs or video recordings, and undertake any action reasonably necessary to carry out the investigation.
The legislation would also require occupants to provide officers with full and unrestricted access while a lawful search is being conducted.
Anyone who obstructs or interferes with a Commission search could face significant penalties.
Individuals convicted of obstruction could be fined up to $50,000, jailed for up to 10 years, or both, while companies could face fines of up to $500,000.
The Bill also recognises the growing importance of digital evidence by giving Commission officers the authority to use computers and other electronic devices found during a search.
Where officers have reasonable grounds to believe it is necessary, they would be able to operate computers to locate, examine and copy electronic documents, provided doing so would not damage the equipment or stored information.
The proposed powers would also extend to documents that can be lawfully accessed through a computer, including records stored remotely at another location.
The nationwide consultation process, that starts today gives businesses, consumers, legal practitioners and other stakeholders the opportunity to provide feedback on the proposed legislation before it is finalised.
