The Act passed on 5 August 2026 with powers delegated to people prescribed by regulation, which Parliament warned could put public powers in private hands.
The Sydney Times Desk is a contributing writer covering guides and public affairs for The Sydney Times.
The Fair Trading and Building Legislation Amendment Bill 2026 was introduced on 11 February 2026 by the Minister for Home Affairs and Housing, passed both houses on 5 August, assented on 14 August and gazetted on 21 August as Act No. 28 of 2026. Before passing, the Legislative Assembly's Legislation Review Committee recorded three objections that were never resolved on the floor.
Most consumers will notice nothing. The Act's practical effect lands on conveyancers, agents and building certifiers, not on tenants or shoppers.
The substantive changes clarify decennial liability insurance provisions covering the Mascot and Opal Towers defects regime. NSW Fair Trading gains power to refuse or cancel licences obtained through misrepresentation, error or invalid qualifications, extending to real estate agents, conveyancers, pawnbrokers, tow truck operators and commercial agents, and to impose, vary or remove conditions on property and conveyancing licence holders.
It closes a specific loophole where solicitors with suspended or cancelled practising certificates could still work as conveyancers. Building Commission NSW can act against certifiers who have left the industry by surrendering their registration or letting it expire, and can now cancel specific authorities such as joinery or painting registrations rather than an entire licence. A new Building Administration Fund replaces the former Home Building Administration Fund.
Information-sharing powers are expanded with APRA, ASIC and the Australian Taxation Office under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020. Owners of two-lot strata schemes can apply to the NSW Civil and Administrative Tribunal for a penalty where the other owner breaches a by-law. A new approval power covers retirement village disclosure statement forms.
The Legislation Review Committee's Digest No. 41, published on 10 February 2026, objected on three grounds.
On information sharing, the Committee "generally prefers legislation clearly defines the scope of discretionary information-sharing powers" and referred the issue to Parliament because the bill provides no objective criteria.
On delegation, the Committee warned that wide delegation of powers to persons prescribed by regulation "may permit the exercise of public powers by private individuals who are not public officials or office holders."
On commencement, the bill commences by proclamation, delegating the start date to the Executive rather than fixing it.
The third point matters for anyone checking whether the Act is in force. As at 5 October 2026 commencement had not been confirmed.
This lands in the same portfolio as the rental reforms that the Real Estate Institute of NSW says have backfired. On 17 July 2026 the institute wrote to Premier Chris Minns requesting the removal of Anoulack Chanthivong, the Minister for Better Regulation and Fair Trading, from the portfolio.
The current set of consumer protections is published by NSW Fair Trading, and the bill and act sit with NSW Parliament. Our guides desk explains how the systems work in practice.
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The statewide scheme lets renters transfer bonds between tenancies without the landlord knowing anything. RentStart borrowers cannot use it at all.