Establishment
Section 5A of the Consumer Fairness and Safety Act 2026 provides: “The Minister shall designate an independent Consumer Protection Authority accountable to Parliament.” The Authority was designated ahead of the Act's commencement on 20 August 2026 so that its guidance, procedures and enforcement functions are ready from day one.
Powers and functions
Under Section 5B, the Authority may investigate suspected breaches of the Act, require information, conduct inspections, issue compliance notices, and impose civil penalties after giving the person concerned an opportunity to respond. Penalties are set proportionately, having regard to the seriousness and duration of the breach, the harm caused, the business's cooperation, and its compliance history. Deliberate breaches may be referred for criminal prosecution.
Section 5C requires the Authority to publish guidance to help small businesses comply, and to exercise care and proportion where a breach is minor and a first occurrence.
Coordination with other regulators
Under Article C (Constitutional Compliance), the Authority conducts investigations lawfully and proportionately, subject to court review, and coordinates with specialist regulators across six related Acts so that businesses are not subject to duplicate sanctions for the same conduct.
Accountability
The Authority reports annually to Parliament on its operation. An independent review of its operational effectiveness, costs, enforcement outcomes and impact on small businesses will be carried out within three years of commencement, as required by Article 7.