Compliance · Gyms, studios & memberships

Unfair trading, dark patterns and subscriptions

Passed July 2026, starts 1 July 2027. If someone signed up online they must be able to cancel online, and wasted time counts as harm. Detailed renewal reminder rules are still being written.

Live from
1 July 2027
Instrument
Competition and Consumer Amendment (Unfair Trading Practices) Act 2026 (Cth), amending the Australian Consumer Law
Who it captures
Suppliers of consumer-facing goods or services, regardless of turnover. Small business subscriptions are also captured where the subscriber employs fewer than 100 people or turns over under $10 million on a standard-form contract.
Penalty
The greater of $100 million, three times the benefit obtained, or 30% of adjusted turnover during the breach period.
What recurs

Every one of these has a due date. Missing one is not a judgement call — it is a diary problem.

  • Per subscriber (regs pending)Notice before a trial converts
  • Per subscriber (regs pending)Notice before renewal
  • Promptly, on requestCancellation must complete
  • On every changeInterface version captured

What has to happen, repeatedly

  • Do not manipulate or unreasonably distort a customer’s decision-making: no false urgency, confirm-shaming or obscured cancellation
  • Display transaction-based charges prominently and close to the base price
  • Give prescribed subscription term, renewal, pricing and cancellation information before entry
  • Send notices at prescribed points before renewal and before a trial converts (detailed timings still being set by regulation)
  • Maintain a straightforward cancellation method, online where sign-up was online

What you would have to produce

  • The exact interface version each customer saw, with timestamps
  • Consent records tied to the offer version displayed
  • Every notice sent, when, and whether it was delivered
  • Cancellation requests, the route taken, and when billing actually stopped
  • Periodic tests of the enrolment-to-cancellation journey

Start with these, and they’re free

  • Walk your own sign-up and cancellation flows and time them. If cancelling takes longer, that is the finding
  • Turn on your payment platform’s cancellation and refund logging if it is not already recording
  • Screenshot the current checkout today. Evidence cannot be created retrospectively
This is general information about an obligation, not legal advice. Whether it applies to your firm, and how, is a question for your lawyer or your professional body.

Last reviewed 2026-09-09

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