# Will the new higher fines apply to my business if the mistake happened last year?

- Jurisdiction: Australia
- Practice area: Consumer Law
- Published: 2026-10-25
- Last updated: 2026-10-25
- Canonical: https://lawasked.com/au/consumer-law/will-new-higher-fines-apply-my-business-if

## Question

I run a small retail shop in Melbourne, Victoria, and I am quite worried about some paperwork issues from my previous financial year. Back in November 2025, my business accidentally failed to follow certain consumer disclosure requirements regarding our loyalty programme, which resulted in a formal notice from the regulator. At that time, the penalties for these specific mistakes were much lower than what I am hearing about in the news now. I have since spoken to my accountant, and they mentioned that there is a new law coming into effect that doubles the fines for these kinds of offences to help with enforcement. I am trying to figure out the exact timing of these changes. Since the actual error and the conduct occurred in late 2025, but the new, much higher penalty laws are being introduced later, I am unsure if the authorities can charge me the new, doubled amount or if they are stuck with the original, lower rates that were in place when the mistake actually happened. Does the new penalty rule apply to things that were already done before the law changed?

## Summary

No, the new higher fines should not apply to your business. The law specifically states that the increased penalties only apply to mistakes or actions that happened on or after the new law starts.

## Analysis

Based on the rules for the Competition and Consumer Act, the new, higher penalties introduced by the Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Act 2026 do not apply to your specific situation. 

The law contains a specific rule regarding when these changes take effect. It states that "the amendments made by item 6 of Schedule 1 to the Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Act 2026 apply in relation to offences committed, or acts or omissions that occurred, on or after the commencement of that Schedule" [1]. This means the new rules only look forward; they do not reach back in time to punish things that were already done. 

Because your paperwork issues and the failure to follow consumer disclosure requirements occurred in November 2025, they happened before the new law came into effect. Therefore, the authorities are required to use the penalty rates that were in place at the time of the mistake, rather than the doubled amounts mentioned in the news. 

In legal terms, this is a rule about the 'application' of an amendment, which is a provision that explains which specific events or actions are covered by a new change in the law [1]. Since your 'acts or omissions' (the mistakes you made) occurred in late 2025, they fall outside the timeframe for the new, higher penalties. 

Please note that while the penalty amounts are fixed by these rules, the actual fine a court decides to charge you can still vary based on the nature of the mistake and your business's circumstances [2]. 

State, provincial, or local laws may add further rules regarding business compliance and penalties, so you should check Victorian-specific regulations.

## Statutory citations

- Competition and Consumer Act 2010 (Schedule 2 ACL), Schedule 2, Section 310 - Application of amendments relating to penalties [in force] (https://www.legislation.gov.au/C2004A00109/latest/text)
  > The amendments made by item 6 of Schedule 1 to the Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Act 2026 apply in relation to offences committed, or acts or omissions that occurred, on or after the commencement of that Schedule.
- Competition and Consumer Act 2010 (Schedule 2 ACL), Schedule 2, Section 224 - Pecuniary penalties [in force] (https://www.legislation.gov.au/C2004A00109/latest/text)
  > In determining the appropriate pecuniary penalty, the court must have regard to all relevant matters including: (a) the nature and extent of the act or omission...

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