Competition and Consumer (Exceptional Circumstances Class Exemption—Global Supply Chain Disruptions) Determination (No. 1) 2026

law://au/li/2026/f2026l00832@2026-11-13

Contents

Part 1 · Preliminary

1 Name

This instrument is the Competition and Consumer (Exceptional Circumstances Class Exemption—Global Supply Chain Disruptions) Determination (No. 1) 2026.

2 Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	Immediately after the commencement of the Competition and Consumer (Exceptional Circumstances) (No. 1) Declaration 2026	23 June 2026

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under:

(a) section 95AC of the Competition and Consumer Act 2010; and

(b) section 95AC of the Competition Code.

4 Object of this instrument

The object of this instrument is to facilitate corporations engaging in collaborative conduct to assist in the response to, and recovery from, the significant harm to the Australian economy or Australian consumers caused by the exceptional circumstances to which this instrument relates.

5 Exceptional circumstances to which this instrument relates

For the purposes of subsection 95AC(9) of the Act, this instrument relates to the disruptions to global supply chains arising from the conflicts in the Middle East commencing in February 2026 and the disruptions to international shipping transport through the Strait of Hormuz.

5A Period for which determination is in force

For the purposes of paragraph 95AC(7)(a) of the Act, the day is 23 June 2026.

Note 1: This is the day on which this determination began to be in force.

Note 2: See paragraph 95AC(7)(b) of the Act for when this determination ceases to be in force.

6 Definitions

Note 1: A number of expressions used in this instrument are defined in section 4 of the Act, including the Commission.

Note 2: For the meaning of references to the “Competition Code”, see Part XIA of the Act.

Note 3: In the circumstances provided for in the Act, a reference in this instrument to a corporation includes a reference to a person that is not a corporation: see section 6 of the Act and paragraph 13(1)(b) of the Legislation Act 2003.

Note 4: For the purposes of the Competition Code, a reference in this instrument to a corporation will also include a reference to a person that is not a corporation: see subsection 150C(2) of the Act.

(1) In this instrument:

Act means the Competition and Consumer Act 2010 or the Competition Code, as appropriate.

business day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.

government meeting means a meeting that:

(a) is initiated or convened, and attended, by the Commonwealth, a State or a Territory, or an officer, agency or authority thereof; and

(b) is held for the purpose of responding to, or recovering from, the exceptional circumstances to which this instrument relates; and

Note: The meeting may be initiated by the Fuel Supply Taskforce Coordinator.

meeting includes a meeting in which a person takes part by the use of technology that allows that person to clearly and simultaneously communicate with one or more other persons.

non-government meeting means a meeting that:

(a) does not satisfy paragraph (a) of the definition of government meeting; and

(b) is held for the purpose of responding to or recovering from the exceptional circumstances to which this instrument relates; and

plan means a plan for responding to, or recovering from, the exceptional circumstances to which this instrument relates.

subsidiary discussions to a government meeting or non-government meeting means information sharing, communications and discussions between 2 or more corporations that are necessary to progress matters that were discussed at the meeting, and which do not result in any plan being formally agreed to.

Note: The limitations set out in Division 2 of Part 2 do not need to be complied with in relation to each subsidiary discussion. However, they must be complied with in relation to the government meeting or non-government meeting to which a subsidiary discussion relates.

(2) Despite subsection (1), neither of the following is a government meeting or non-government meeting:

(a) a subsidiary discussion to a government meeting or non-government meeting;

(b) a meeting about how to implement a plan that was agreed to at a government meeting or non-government meeting.

Part 2 · Class exemption

7 Class exemption

(1) Subject to subsection (2) and the limitations specified in Division 2, sections 45AF, 45AG, 45AJ, 45AK, 45 and 47 of the Act do not apply to the following conduct by a corporation:

(a) preparing for a proposed government meeting or non-government meeting;

(b) participating in a government meeting or non-government meeting, including discussing a proposed plan at the meeting;

(d) formally agreeing to a plan proposed at a government meeting or non-government meeting, or to be part of that plan;

(e) implementing a plan agreed to at a government meeting or non-government meeting, including preparing for and participating in meetings about implementing that plan.

(2) Conduct referred to in subsection (1) does not include conduct of a kind that includes a contract, arrangement or understanding between 2 or more corporations on the price of goods or services which they compete to supply.

(3) The following are examples of the conduct mentioned in subsection (1):

(a) sharing information and documents;

(b) communications between 2 or more corporations for the purposes of preparing for a government meeting or non-government meeting;

(c) communications between 2 or more corporations for the purposes of undertaking tasks arising out of a government meeting or non-government meeting;

(d) making and giving effect to a contract, arrangement or understanding to implement a plan;

(e) complying with this instrument in relation to the meeting (for example, preparing information for the purposes of section 14).

8 Commission must be notified of meeting prior to engagement in conduct

(1) Conduct referred to in paragraph 7(1)(a), (b), (c) or (d) that relates to a government meeting or non-government meeting must comply with the condition that, before the conduct is engaged in, the Commission must be given, or have been given, notice of the government meeting or non-government meeting to which the conduct relates, in accordance with this section.

Note: For conduct referred to in paragraph 7(1)(e), limitations relating to notification and approval are set out in sections 15, 16 and 17.

(2) The notice must specify the following:

(a) the time and date of the meeting;

(b) the corporations that are proposed to attend or be represented at the meeting;

(d) the matters to be discussed at the meeting;

(e) if the meeting is a non-government meeting—whether it is proposed that the meeting will be one of a series of non-government meetings.

(3) The notice must be given either:

(a) at least 24 hours before the meeting occurs; or

(b) within a shorter period approved by the Commission.

(4) The notice must be given to the Commission by email to exemptions@accc.gov.au.

9 Approved lawyer must attend meeting

Conduct referred to in paragraph 7(1)(b), (c) or (d) that relates to a government meeting or non-government meeting must comply with the condition that:

(a) before the government meeting or non-government meeting is held, the Commission’s approval of a lawyer, with expertise in competition law, to attend the meeting has been obtained; and

(b) that meeting is attended by the lawyer; and

(c) the lawyer has been instructed to immediately advise the meeting attendees if the lawyer has concerns about whether conduct relating to that meeting might not be exempted by this instrument, and whether there might be any other competition law issues with such conduct.

10 Commission must be able to attend meeting

Conduct referred to in paragraph 7(1)(b), (c) or (d) that relates to a government meeting or non-government meeting must comply with the condition that, if the Commission indicates that it wishes to attend that meeting, its attendance is facilitated and accommodated.

11 Government meetings—corporations that may engage in meeting-related conduct

(1) This section applies to a government meeting.

(2) Conduct referred to in paragraph 7(1)(a), (b) or (d) that relates to the meeting may only be engaged in by a corporation that is:

(a) specified in the notice for the meeting referred to in section 8; or

(b) specified in a subsequent notice for the meeting to the Commission by email to exemptions@accc.gov.au.

12 Non-government meetings—Commission must approve meeting taking place

(1) This section applies to a non-government meeting.

(2) Conduct referred to in paragraph 7(1)(a) is limited to the circumstance that the Commission has not indicated that it does not approve, or withdrawn its approval for, the meeting taking place.

(3) Conduct referred to in paragraph 7(1)(b), (c) or (d) must comply with the condition that, before a corporation engages in the conduct, the Commission must give, or have given, written approval for the meeting taking place.

(4) If the meeting is one of a series of non-government meetings, the Commission may, when giving written approval for that meeting taking place, also give written approval for the series of meetings taking place.

(5) The Commission may, by written notice to the corporation that gave the notice referred to in section 8, withdraw its approval for the remainder of a series of meetings.

13 Non-government meetings—corporations that may engage in meeting-related conduct

(1) This section applies to a non-government meeting.

(2) Conduct referred to in paragraph 7(1)(a) that is engaged in by a corporation is limited to the circumstance that:

(a) the corporation has been specified in a notice for the meeting under section 8, or in a subsequent notice for the meeting by email to exemptions@accc.gov.au; and

(b) the Commission has not indicated that it does not approve the corporation attending or being represented at the meeting.

(3) Conduct referred to in paragraph 7(1)(b) or (d) that is engaged in by a corporation must comply with the condition that, before the corporation engages in the conduct:

(a) the corporation must have been specified in a notice for the meeting to the Commission under section 8, or in a subsequent notice for the meeting by email to exemptions@accc.gov.au; and

(b) the Commission must give written approval for the corporation to attend or be represented at the meeting.

(4) If the meeting is one of a series of non-government meetings, the Commission, when giving written approval for a corporation attending or being represented at one meeting in the series, is taken to have approved the corporation attending or being represented at any meeting in the series.

14 Commission must be given information about meeting

(1) The Commission must be given the information referred to in subsection (2) about a government meeting or non-government meeting no later than:

(a) the end of the period that ends 5 business days after the day on which the meeting was held; or

(b) the end of a longer period approved by the Commission.

(2) The information is the following:

(a) the minutes of the meeting;

(b) copies of any documents tabled at the meeting.

(3) The minutes must include:

(a) the corporations that attended or were represented at the meeting; and

(b) a summary of any conduct of a kind referred to in paragraph 7(1)(a) that occurred prior to the meeting; and

(d) what subsidiary discussions are proposed to be held to progress matters discussed at the meeting; and

(e) an update about any subsidiary discussions that were held since the most recent related government meeting or non-government meeting.

(4) The information must be given to the Commission by email to exemptions@accc.gov.au.

(5) After the end of that period, conduct referred to in paragraph 7(1)(c) or (d) is limited to the circumstance that the Commission was given that information in accordance with this section.

15 Commission must be notified of proposed implementation of plans after meeting

(1) Conduct referred to in paragraph 7(1)(e) must comply with the condition that, before the corporation engages in the conduct, the Commission must be given, or have been given, notice of the proposed conduct in accordance with this section.

(2) The notice must specify the following:

(a) a description of the conduct;

(b) the purpose of the conduct;

(c) each corporation, or class of corporations, that is proposed to engage in the conduct, and the conduct they are proposed to engage in;

(d) when the conduct is expected or forecast to occur, to the extent that this is known;

(e) any protocols and guidelines that relate to the conduct;

(f) how the conduct is to cease in the event this instrument is revoked or ceases to be in force.

(3) The notice must be given to the Commission by email to exemptions@accc.gov.au.

16 Government meetings—corporations that may engage in implementation of plans after meeting

(1) This section applies to a government meeting.

(2) Conduct referred to in paragraph 7(1)(e) may be engaged in only by a corporation that:

(a) attended or was represented at the meeting; or

(b) was specified, or is within a class of corporations that was specified, in the notice referred to in section 15; or

(3) Conduct referred to in paragraph 7(1)(e) must also comply with the condition that:

(a) if the corporation proposes to engage in the conduct within 3 business days after the day of the notice under section 15—the Commission has given written approval for the corporation, or a class of corporations that includes the corporation, to engage in the conduct; or

(b) otherwise—the Commission has not indicated in writing, within 3 business days after the day of the notice under section 15, that it does not approve the corporation, or a class of corporations that includes the corporation, engaging in the conduct.

Note: If the Commission indicates it does not approve within 3 business days, paragraph 7(1)(e) does not apply to the conduct.

17 Non-government meetings—corporations that may engage in implementation of plans after meeting

(1) This section applies to a non-government meeting.

(2) Conduct referred to in paragraph 7(1)(e) must comply with the condition that, before a corporation engages in the conduct, the Commission has given written approval for the corporation, or a class of corporations that includes the corporation, to engage in the conduct.

18 Information must be provided to the Commission when requested

(1) The Commission may, by written notice to a corporation:

(a) request the corporation to provide, within the period specified in the request, information to the Commission about its conduct relating to this instrument; or

(b) withdraw or vary such a request.

(2) If the Commission makes such a request to a corporation and does not withdraw it, then after the end of the following period (the relevant period):

(a) the period specified in the request;

(b) if the corporation requests, and the Commission approves, a longer period—that longer period;

subsection 7(1) applies to conduct of the corporation only in the circumstance that the corporation has complied with that request in accordance with this section within the relevant period.

(3) The corporation is taken to have complied with the request if:

(a) any of the following apply:

(i) the information requested was not in the possession, power or control of the corporation;

(ii) the corporation was not able to locate the requested information after having conducted reasonable searches; and

(b) the corporation gives written notice to the Commission of this, in accordance with subsection (4), before the end of the relevant period.

(4) The information and the notice mentioned in paragraph (3)(b) must be given to the Commission by email to exemptions@accc.gov.au.

Part 3 · Miscellaneous

19 Delegation by Commission

(1) The Commission may, in writing, delegate all or any of its functions or powers under this instrument, other than this power of delegation, to:

(a) a Commissioner; or

(b) a member of the staff of the Commission who is an SES employee or an acting SES employee.

(2) The Commission may delegate a function or power to a person under subsection (1) only if satisfied that the person has appropriate qualifications, training or experience to perform the function or exercise the power.

(3) In performing the function or exercising the power, the delegate must comply with any written directions of the Commission.

(4) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Commission.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

Competition and Consumer (Exceptional Circumstances Class Exemption—Global Supply Chain Disruptions) Determination (No. 1) 2026

Competition and Consumer (Exceptional Circumstances Class Exemption—Global Supply Chain Disruptions) Determination (No. 1) 2026

Part 1 · Preliminary

Part 2 · Class exemption

Part 3 · Miscellaneous

Connections

History · 1 version

Key facts

Part 1 · Preliminary

Part 2 · Class exemption

Part 3 · Miscellaneous