Wednesday, 29 July 2026

 Eden FOSTER (Mulgrave) (18:24): I am extremely happy to speak in support of the Consumer Legislation Amendment Bill 2026. This bill arrives at a critical time for our state. Across Victoria every day, households are feeling the increased pressure of rising living costs. Whether it is keeping a roof over their heads, buying a reliable car, paying apartment fees or navigating everyday retail purchases, Victorian consumers are demanding and deserve fairer rules, total transparency and protection from unfair practices. This bill delivers on that need. It introduces a comprehensive package of reforms across housing, renting, property sales, motor trading, debt collection and public safety. Importantly, it also equips our law enforcement agencies with strong new powers to disrupt the organised crime networks running the illicit tobacco trade.

For many older Victorians, residential parks offer an accessible, community-focused housing choice. However, as the commissioner for residential tenancies highlighted in the 2025 Life in Residential Parks report, overly complex fee structures and opaque financial terms have left too many vulnerable residents facing unexpected costs. This legislation addresses those issues directly by enacting the report’s key recommendations. First, we are fixing deferred management charges or exit fees. Previously these fees were calculated based on the future sale price of the home, an amount no tenant could reasonably predict when moving in. Under this bill exit fees will be tied directly to the initial purchase price paid by the tenant. Combined with the length of their stay, residents will finally have total clarity on what they will owe when they leave. Second, we are putting an end to unpredictable market-based rent hikes. Rent increases in residential parks will be capped at the higher of the consumer price index or a fixed rate set by regulation. Any increase above that cap will require the explicit written support of at least 75 per cent of affected tenants or approval by VCAT. And third, we are guaranteeing security of tenure by abolishing no-cause evictions at the end of fixed-term agreements, protecting both current and future residents. Finally, Consumer Affairs Victoria will establish a public register of residential park operators alongside a mandatory code of practice to ensure consistent operating, maintenance and dispute resolution standards across the sector.

Renting should provide safe, stable and dignified housing. This bill modernises Victoria’s rental framework by closing unfair loopholes and supporting tenants when circumstances change. We are establishing clear tiered statutory caps on break-lease compensation for fixed-term leases under five years. If a renter needs to end a lease early, the maximum amount they can be charged for lost rent will be capped, based strictly on how much time remains on their agreement. The last thing we should be doing is kicking people when they are down. Very rarely do people break leases by choice. Rather, it is forced upon them due to ill health, job loss or other uncontrollable personal matters. We are also protecting basic access rights. It will now be an explicit offence for rental providers or agents to disable access keys or fobs, a tactic previously used by some to punish tenants for late rent or minor rule breaches. Additionally, requests for extra keys cannot be unreasonably refused, and agents will only be permitted to charge the actual cost of procuring and activating the key.

Crucially, this bill expands protections for victim-survivors of family and personal violence. VCAT will now have clear authority to hold perpetrator co-renters solely responsible for unpaid rent or property damage. Furthermore, the bill explicitly outlaws discrimination against victim-survivors during the rental application process across private rentals, rooming houses and caravan parks, backed by VCAT compensation orders for breaches.

Buying a home is the largest purchase most Victorians will make in their lifetime, yet for too long prospective buyers have faced frustration from underquoting, hidden costs and high-risk deposit releases. This bill amends the Estate Agents Act 1980 and the Sale of Land Act 1962 to bring genuine transparency back to real estate. Real estate agents will now be required to publish the property seller’s reserve price at least seven days prior to an auction or fixed-date sale. Buyers will no longer waste thousands of dollars on building inspections and legal checks for homes they never stood a chance of affording. Agents will be required to publish a property’s final sold price once a sale becomes unconditional and submit key property data directly to Consumer Affairs Victoria. CAV will publish this data centrally, giving buyers and sellers an accurate view of local market values. Vendor section ‍32 statements must now be made available at least 14 days before an auction, fixed date sale or contract signing.

We are also repealing section 27 of the Sale of Land Act 1962, which allowed early release of deposits prior to settlement, a practice that exposed buyers to severe financial risk if a sale collapsed. Agents will also be strictly barred from taking their sales commission from any early-release deposit. To back up these standards, the Business Licensing Authority will gain powers to suspend the licences of agents and conveyancers who fail to comply with strict trust account audit requirements. But wait, there is more.

A member interjected.

Eden FOSTER: There is a lot. Apartment owner-occupiers are feeling the crunch of rising owners corporation fees. When financial distress hits, aggressive legal action and debt recovery costs can quickly drive households towards severe hardship. This bill introduces statutory payment plans for owners corporations. When an owner-occupier requests a payment plan to spread their fee payments over time, the request will be accepted by default. An owners corporation can only decline if the owner fails to provide hardship evidence or if the building’s financial solvency is generally at risk. Crucially, as long as an owner is complying with an agreed payment plan, they will be legally protected from debt recovery action. We are also simplifying administrative pathways at VCAT, allowing owners corporations to pursue non-monetary rule enforcement using a simple majority vote rather than a special resolution. These are commonsense changes that give owners similar flexibility to other ongoing expenses, such as utilities and council rates.

A vehicle is an essential asset for work, school runs and daily independence. Buyers deserve confidence that the car they are paying for is safe, reliable and accurately represented. This bill modernises the Motor Car Traders Act 1986 by abolishing the outdated Motor Car Traders Claims Committee and shifting its functions directly into Consumer Affairs Victoria. This streamlines the process for consumers seeking payouts from the guarantee fund when a trader breaks the law. We are taking direct action against odometer tampering. The bill establishes a clear legal definition of ‘odometer fraud’ and requires licensed traders to take reasonable steps to verify mileage history before selling a used vehicle. Where doubts exist, written disclosure to the buyer is mandatory. To shut down unlicensed backyard car trading, auction houses will now be required to keep detailed records and notify CAV whenever an individual or business buys or sells four or more vehicles in a single year. Furthermore, online car listing platforms will be required to comply with document production requests from CAV inspectors.

There is so much more, and I have got less than a minute. The Consumer Legislation Amendment Bill ‍2026 is a practical, direct response to the cost-of-living challenges Victorians face today. By rebalancing power in the housing market, eliminating deceptive real estate practices, fixing auto trading rules, shielding apartment owners from debt spirals and closing down illegal tobacco shops, the Carroll Labor government will deliver fairness and security across our state. Many in our communities will benefit from this legislation, and I thank the relevant minister for this legislation because it is going to improve lives across our state. I commend the bill to the house.

 David SOUTHWICK (Caulfield) (18:34): It is a pleasure to rise and speak on the Consumer Legislation Amendment Bill 2026. I want to commend the member for Mildura, who has just taken up the portfolio of Shadow Minister for Consumer Affairs. It is a big bill. Lots of work has been put into this, and the member has done a great job of putting stuff together from our side. I know there are a number of amendments which we will be taking to the upper house to ensure we try and improve this particular bill.

I have got to say from the outset that we all support and stand right beside consumers. We want to make sure consumers are protected at every level. Whether it is in retail, purchasing a home, buying a car, in the property market or more generally, we certainly must ensure that we have proper laws to protect consumers. But I have got to say of this government that the one thing they do well, overly well, is regulation and red tape. I have never seen anybody produce as much regulation and red tape as the Andrews, Allan and now Carroll Labor governments. We have just seen, with Premier after Premier, more and more red tape.

In my particular portfolio of housing we have seen an absolute reduction in housing stock in the market, which is being shrunk because builders just cannot build because of the costs, the regulation and the red tape. We have seen it with changes to the building code. We have seen it with recent reform that we have put through. The government had a big target of 80,000 homes per year each and every year, and they are already 50,000 short of those homes in two years, because people just cannot make the numbers stack up. What has that done to the rental market, along with the regulation and red tape that this government has pushed down consumers’ throats for over a decade?

What it has meant is we have seen a 40 per cent increase in renters, and when you have got a smaller supply of housing in the market and an increase in renters, then you find that there is less stock and less availability. We currently have a 1.3 to 1.5 per cent vacancy rate in Victoria. A healthy vacancy rate would be 3 per cent. At 1.2, 1.3 per cent, that is well underdone. What that means is people just cannot get into a rental because there is not enough supply, and more regulation and more red tape continue to push up prices. People do not build. If you do not build homes, you do not have homes. People cannot buy them. People cannot rent them. That is why we have a housing crisis in Victoria. It is simple economics – supply and demand. So you have got to change things.

What this government is doing with this particular bill will make it even harder because of the real estate changes. One of the things that was really good in Victoria was our auction system, because you could stare someone in the eye and see what they were going to pay. It was a competitive bidding system, and that is what we would do. The regulation changes here mean that if people want to change their price in terms of their reserve, they have to notify of that change within seven days. Now, I do not know what kind of planet the government is sitting on at the moment, but the situation right now in the property game is that many people will set a reserve and find that there is no-one coming through for open inspections, and they will have to not increase the reserve but decrease it. They are actually having to decrease it. If that happens within seven days, what that means is they cannot just decrease it and have the auction a couple of days later if the market is telling them that there are not the buyers. What they have got to do is either delay the auction for another week or cancel the auction altogether and go to a private bidding market, and that is what is going to happen. Auctions will literally disappear under this government under the legislation that is being proposed. That is what the REIV is saying, that is certainly what the industry is saying and that is what a lot of smaller people in the real estate game are saying as well, that real estate games –

Paul Edbrooke interjected.

David SOUTHWICK: The minister says the REIV want transparency. Absolutely they do. But they do not want these particular changes holus-bolus. They wanted to work with and suggested a whole lot of changes to the government, which the government pretty much ignored, and not only ignored – when the REIV wanted to be consulted about this, the ministers and the department were not even returning their calls. It is so difficult for the peak body of the real estate industry to get into the government to actually propose changes that they have almost given up. They really have. And it does not surprise me or anybody, because this government does not listen to anybody, completely ignores people and –

Martha Haylett interjected.

David SOUTHWICK: Well, we know that that is the case in many of these instances. We know it is the same with the Victorian Automotive Chamber of Commerce when it comes to the motor vehicle stuff. They have also had similar issues with this government not listening. The Australian Automotive Dealer Association also have had issues with this government. So it might be easy for members of Parliament here to say ‘Oh, we listen, we consult’; it is not true.

What we have at the moment is that Victoria has recorded just 54,842 new home completions in the year to March, the worst result in a decade. We have also seen Melbourne’s rents rise 3.5 per cent in the June quarter, the highest increase of any capital city in the nation. This has all happened in a week, by the way. In a week we had a 3.5 per cent rise in rents. We also had Victoria recording the 54,000 ‍new home completions, the worst March result in a decade. We also had the situation with auction clearance rates at only 52 per cent. Things are not working when it comes to the housing market. We have got a broken housing market. I have not even touched on public and social housing in terms of the lack of building there and the lack of attention there.

But in terms of consumers, you cannot protect consumers when it comes to housing if they cannot get into a home in the first place, and the only way to get into a home is to build them. The only way to build them is to ensure we have a market that works. Under this Labor government we have a broken system. Forty-three per cent of building a home is taxes, regulation and red tape. What we are doing today is producing more taxes, regulation and red tape by this government. It is a failure.

It is not getting easier for people. We will see auctions disappear. We will also see vehicle prices rise because of poor policy from the government. We will also see issues in terms of the lack of getting more competition in the market, because nothing beats an auction, nothing beats competition. We want to encourage more auctions. We want to ensure that it is easy and transparent. A section 32 has to be given 14 days ahead to a potential buyer. Now, what happens if somebody comes in a few days before the sale? What happens there in terms of giving them 14 days to go through a section 32? Again, this has not been thought through at all. The REIV, as I said, has a whole lot of proposed changes. We will propose them in the upper house. The government needs to start to listen.

The one thing that I will say that is certainly a positive step forward is the tobacco laws that are changing to be able to close these illegal, shonky tobacco stores. This is too little, too late in terms of this happening. We called for this to happen over 12 months ago. We actually brought a bill before the house 12 months ago with which this could have been done. I do not know why the government has been sitting on their hands for so long. The firebombings that we have seen in the streets of these illegal tobacco stores would have ceased or certainly reduced if the government had acted sooner. And every day’s delay is a day where we see consumers, Victorians, put at risk, and we cannot have that. That is why I am happy that we are finally seeing some legislation that is able to shut down these shonky, illegal, dodgy tobacco stores. It should have been done sooner.

I hope that we have got the enforcement and the police to go with it. I doubt that, because that is the other part of the equation. You cannot shut down the illegal, dodgy tobacco stores unless you have the officers to go in there and find out that they are dodgy in the first place. That is why we will introduce 3000 more police, to ensure we shut down illegal tobacco stores and provide safety for all Victorians.

 Nina TAYLOR (Albert Park) (18:44): I am so very pleased to rise on these important consumer reforms making life easier, safer and more affordable for Victorians. I will just zone in firstly on the new closure powers. The bill gives Tobacco Licensing Victoria and Victoria Police strong new powers to shut down premises involved in the illicit tobacco trade. These are incremental reforms that we have steadily built. We have backed the commitment with a $59 million investment, a dedicated regulator and a comprehensive licensing scheme. These are really important because Tobacco Licensing Victoria and Victoria Police will be able to issue short-term closure notices for up to 90 days. They will also be able to apply to the Magistrates’ Court for long-term closure orders where the offending warrants stronger action. These powers are designed to immediately disrupt illegal trade and prevent illegal operators from simply continuing business as usual. They will give Victoria, make no mistake, one of the strongest operational responses to illicit tobacco in the country. So I hope that allays some of the concerns that have been put forward by the member for Caulfield. These reforms are consistent with leading approaches adopted across Australia while delivering a framework tailored to Victoria’s enforcement model.

I know that there have been a couple of these disturbing incidents in my electorate and in other electorates – not only in Victoria but interstate as well. I am really pleased that we are moving forward with this next really important step and also cracking down on those who are knowingly enabling criminal activity in this space. These reforms recognise that organised crime relies on more than just illegal retailers. Commercial landlords will be able to terminate a lease where a long-term closure order is in place, so that is empowering them as well. This will help return those premises to legitimate businesses as quickly as possible. We can see that these are strengthening enforcement but also providing a really pragmatic and expedient turnaround in terms of then being able to use those premises for appropriate purposes. The bill also introduces tough new penalties for landlords who knowingly allow illicit tobacco to be sold from their premises. These reforms send a clear message that there will be consequences for landlords who facilitate the illicit tobacco trade. You can see we are really cracking down hard on all aspects here to really take these protections forward for Victorians.

Now I want to toggle to some other issues. There are many issues indeed that are being transacted here ‍– all for the betterment of Victorians, I am very happy to say. I will speak personally. I rented I think for over 20 years. I moved a number of times. I have seen the good and the bad. I had good landlords and I had landlords who were perhaps a little less thoughtful. I would like to think in the main that most would have best interests at heart, but there are those who do not and those who are miserly and try to cut corners and really make the lives of renters not so enjoyable, to say the least. We have been looking out for them – that is, our fellow Victorians. More than 150 rental reforms have been delivered under this government, and I am sorry to say that those opposite did not necessarily support all of those. They probably supported the minority of those reforms, which is really hard to understand. On the one hand they were saying, ‘Oh, we’ve got all the solutions and we’re going to really look out for renters,’ but when push came to shove and these important rental reforms were put forward, where were they? They were missing in action.

Thankfully on this side of the house we are looking out for our fellow Victorians who are renting, including with things like the ban on rental bidding, the end to no-fault evictions, the minimum standards that must be met before a property is advertised and the 90-day notice periods. Also the portable bond scheme went live on 1 July 2026. This is huge. Renters moving house can transfer their bond rather than trying to find thousands of dollars for a second one. I remember vividly every time I would move thinking, ‘Oh, now I’ve got to get the forward rent and get the bond,’ and it was onerous and stressful amassing those funds. I would like to think that I had a reasonable wage. I was not a member of Parliament at the time, but nevertheless I could feel the stress and the pain of it, let alone all the fuss and the challenges of moving per se. When I saw that we were bringing through this reform, I was just so relieved because I put myself back in that space and I thought of the families and so many single Victorians and others who are relying on us to look out for them. I am really glad that these reforms have been brought through and we are backing them all the way, because it really does make a difference when you are talking about cost of living and being able not only to get by but to live a rich and rewarding life in our great state of Victoria.

Rental Dispute Resolution Victoria is operating, giving renters a free way to sort out bonds, repairs and rent disputes without a VCAT hearing. We know VCAT provide an incredibly important service to the community, but nevertheless we are not necessarily wanting to hurtle into VCAT if we can avoid it. Hence this cheaper – well, it is cheaper because it is free – service has been put in place.

I will say I did not actually have to take the action of going to VCAT, but I do remember a particular landlord. When I moved into a particular property I could smell gas, and the landlord, when I rang them, was pushing back and saying I was imagining it. Anyway, eventually I managed to convince the landlord to send a plumber, and the minute the plumber got in he said, ‘There’s gas; it’s a problem.’ He had to immediately repair it. Why would I make it up? I remember at the time thinking, ‘Yeah, I’m going to lie about smelling gas.’ Renters, I have to say, in the main – and speaking for myself – loathe having to raise any issues and repairs. It is the last thing you want to have to do in your life. You just want to live your life. Your house, or your apartment et cetera, is there to support the life you live. You want to sleep, eat, have your friends over, your family. You do not really want to be having to focus on nagging the landlord to get basic repairs done. That is why it has been so important to bring about these 150 rental reforms, so that people are not having to be burdened by things. At the end of the day it is just about fair, reasonable and practical changes. I am not meaning to malign the overwhelming majority of landlords when I speak to some of the challenges that I had, but I think, at the same time, it is important to say that Victorians are not embellishing in this space. There are some legitimate concerns with the way some renters have been treated, and this is why we have had to clamp down on some of those rather unpalatable behaviours that we have seen.

I do remember another landlord. They meant well. They came in and they were going to attach a flyscreen, but the only thing is they left about this much space for all the flies to get in because they did not quite measure it up when they went to Bunnings. They put it together and they whacked it on. They did not get a professional to do it. They thought, ‘I’m doing Nina a favour. We’ll keep the flies out.’ But the only thing was that there was this gaping hole because – I do not know – maybe they forgot the tape measure. I am not sure what happened. They looked at me, and they said, ‘See, we’ve delivered this for you.’ I did not quite know what to say, but I did not want to create a fuss. Also, there was a window I remember that would not stay open if you tried to hold it up. I mentioned this to the landlord, and the landlord said, ‘Just put a stick in there and hold it up that way.’ I remember again thinking, ‘Is that really fair? Is that reasonable?’ This is the kind of stuff I am talking about. I remember thinking it was demeaning, and that was probably not the worst. I know there are renters who have probably suffered much worse than that. But I remember it was at that point that I felt it was time to move, because I was thinking, ‘If they think I need to put a stick in there to be able to hold the window open, then something is drastically wrong here with the relationship, the level of respect and the rapport.’ When you think about repairing that window, it should not have cost too much anyway. As I said, I am not here to malign the landlords. It is just to present the case that there are always two sides to an issue and that it is important that we do have at least minimum standards for renters among the other 150 reforms that we have brought into play so that people can just live their lives and they are not having to feel like they are living in substandard conditions.

On that note, I am really thrilled that we are bringing in this omnibus bill for all the right reasons, making life easier, safer and more affordable for Victorians. I have only touched the sides, I must say, in the 10 minutes that I have. But I am glad that so many have beautifully transacted this bill today in the chamber, pointing out that fairness matters for fellow Victorians.

 Richard RIORDAN (Polwarth) (18:54): I rise today to contribute to the Consumer Legislation Amendment Bill 2026. Before I start I really want to echo the comments made earlier by the member for Caulfield, who made the really obvious point that this government’s first response to anything that goes wrong in this state is to continue to add to regulation. Regulation and cost is their first thing. And it is interesting, of all the things going wrong in the consumer market at the moment, that this government has turned up today, in a week where they cannot even quite figure out how they are going to have a leader run the party, and guess what they have done? They have pulled the oldest trick in the book. I think they got Dennis Denuto from The Castle to do their work for them. They have gone and picked on second-hand car dealers and real estate agents. How impactful is that – that that is the best they can do to protect consumers. Thousands and thousands – in fact some 40,000 Victorians a year – have crimes committed against them when they go into a retail shop. We are not talking 40,000 real estate agents and second-hand car dealers running rampant in the streets of Victoria; we are talking about criminal gangs, thugs and mercenaries that even the Iraqi government is better at locking up and putting in jail than this government is. They have put –

Paul Edbrooke: On a point of order, Deputy Speaker, you would think he is going quite well, but he is going badly. The point of order is relevance.

The DEPUTY SPEAKER: I think the member was trying to make a contrast and will be coming back to the bill, I am sure.

Richard RIORDAN: I am comparing government actions. But quite simply, this government is all talk – it is so often the case – and zero action. Blind Freddy knows that most malls and high streets in every country town, in every city, in every suburb of this once great state are littered with illegal tobacco shops and filled with crime gangs masquerading as genuine retailers. And this government, what do they do? They ring up their mate Dennis Denuto and they go, ‘Dennis, who can we pick? Oh, let’s go. Let’s move the Camaro to get to the Torana so we can get to the Commodore.’ That is the level of detail and thought that has gone into this bill today. It is a joke – it is an absolute joke. It is called the consumer amendment bill, and speaker after speaker from the Labor Party says, ‘We care about the consumers.’ They do not care about consumers. This government has turned a blind eye. If you have someone come into your shop or your store or your market in the state of Victoria and they walk out with knives and chase customers out and attack your shopkeeper and steal stuff from the premises, you will not ever see a policeman. You will not even know where the nearest police station is. You will not be able to get support to look after –

Members interjecting.

Richard RIORDAN: If this government were serious about cost of living, if this government were serious about protecting consumers and if this government were serious about making life easier for Victorians, they would put some effort into making sure that the retail costs in the shops in Victoria were not completely out of control, because there is so much margin being added. The cost of groceries, vegetables and basic household items every day of the week is being added to by the inherent laziness and idleness of this government in dealing with the crime crisis that is in Victoria, and it affects every consumer, every household. Talk to someone who tries to run a service station in this day and age – there is drive-off after drive-off. Do you think you can get this government to deal with that crime and that consumer cost?

Paul Edbrooke: Deputy Speaker, I know we are all struggling with this speech. The point of order, again, is relevance.

The DEPUTY SPEAKER: Yes. I will bring the member back.

Richard RIORDAN: You are struggling with it because this government cannot take the truth. They cannot stand the truth. You would think the member for Frankston would understand about out-of-control retail theft and crime, for heaven’s sake. But no, they are sitting there and they refuse to deal with this issue. They are making the lives of Victorians harder and harder. That is why we absolutely need a fresh start in 126 days time. A fresh start will actually mean that you will have a government that will take this cost on consumers seriously.

Business interrupted under resolution of house of 28 July, as amended today.