Debate resumed from 14 May 2026.

Mr ANOULACK CHANTHIVONG ( Macquarie Fields—Minister for Better Regulation and Fair Trading, Minister for Industry and Trade, Minister for Innovation, Science and Technology, Minister for Building, and Minister for Corrections) (13:00): I lead on behalf of the Government in debate on the Fair Trading Amendment (24-hour Fuel Price Lock) Bill 2026. The Government does not support the bill as the legislation is flawed and the Government has already taken strong, significant action to protect consumers from rising fuel prices. Rising fuel prices have put cost pressures on households, businesses and primary industries across the economy. No-one is oblivious to the impact. Therefore any legislation that may impact fuel availability and affordability risks consequences that would ripple through every corner of the State and our economy.

The shadow Minister's bill proposes to introduce a 24-hour price cap for prescribed fuels. Let us be clear: The Opposition's bill makes a false promise to the people of New South Wales. A 24-hour price lock and price cap will not and does not protect motorists from rising fuel prices, because the laws of New South Wales do not control global fuel prices. I repeat that point to reinforce it because this, at the heart, is the essence of what the shadow Minister has proposed. The bill, which proposes a 24-hour price lock and price cap, will not protect motorists from any rise in fuel prices, because no law of New South Wales controls the global fuel price, which is the foundational element that will determine fuel prices across the globe and across New South Wales.

The Government's real concern is that a 24-hour price lock will encourage operators to lock in the highest possible price, thereby putting even more pressure on household budgets. It is not, in one sense, rocket science. If you have a price cap, then, to take away the risk, an operator will always go to the highest price available. That does not help consumers and motorists, and does not achieve what we are trying to achieve, which is to make sure that consumers and motorists have access to information and competition and the lowest fuel price available to them in their current place and as they move around the State.

The people of New South Wales need to know that the Opposition's bill will not create any consistent downward pressure on petrol prices in this State. Daily fuel price caps were introduced in Victoria in March and have existed in various forms in Western Australia since 2001. Following those reforms, an analysis of weekly average fuel prices earlier this year in Melbourne and Perth showed that daily fuel price caps had no downward impact on the price of fuel in those cities, because this proposal has no impact on the global fuel price, which is the core element on which the local fuel price is based. As I mentioned earlier, operators in Victoria have been seen to set the maximum price above the current day's prices, allowing them to continue to change fuel prices the next day without exceeding the price cap. The evidence is clear. Implementing fuel price caps will not achieve cheaper fuel prices. Is that not what we are trying to achieve? Competition puts downward pressure on fuel prices for the motorists of New South Wales. Caps prevent service station operators from adjusting prices in response to unavoidable supply chain pressures.

I am flabbergasted in one sense because we all know that the shadow Minister is an advocate for free markets and competition, not for price control, yet he introduces legislation that would actually cap the highest price for motorists across the State. This proposal has the potential to adversely impact the industry and worsen fuel prices and availability for the motorists of New South Wales. Under the current scheme, service station operators are required to immediately update prices through FuelCheck when their prices are changed multiple times in a 24-hour period. The change in price is already happening under the current scheme. The availability of accurate real-time data mitigates risks for consumers by enabling them to find the lowest possible price for fuel anywhere in the State, be it in their local communities or travelling to and from their kids school drop-off, going to work or travelling across the State for personal or commercial reasons.

Availability of real-time price data is the mechanism which supports good consumer decision-making and creates a competitive environment for fuel operators. Operators can match the price of the cheapest and closest available fuel, which is better for the consumer. True price transparency puts downward pressure on fuel prices by creating well-informed consumers and supporting healthy market competition. FuelCheck already does this. As I said before, the shadow Minister, who has a record of advocacy for free markets, is now proposing legislation which does the opposite. We are for better real-time data access so that consumers, wherever they are, know exactly where the cheapest fuel is. FuelCheck achieves certainty for consumers in New South Wales without imposing a price cap that poses unnecessary risk to industries and consumers.

This bill raises expectations of lower fuel prices that it simply cannot deliver. It is a false expectation and a false promise to people and industries across New South Wales. The people of New South Wales deserve to be empowered through access to transparent and accurate real-time information on fuel pricing and availability in this State. The Government has taken strong action on this front with its Fair Trading Amendment (FuelCheck) Act 2026. That reform demonstrates our commitment to ensuring that transparent and accurate real-time information about fuel prices and availability continues to be available to consumers in New South Wales, wherever they are, 24 hours a day, every day of the year. We have clarified FuelCheck reporting obligations for service stations to ensure accurate and timely information to support the fuel response and help motorists find the best petrol prices. Is that not what this is actually all about? Good, decentralised decision-making by the individual, through healthy competition and real‑time information of both price and availability, is the way forward.

The Government has backed up its reforms in the Fair Trading Amendment (FuelCheck) Act 2026 with stronger penalties for fuel retailers who do not comply with their FuelCheck obligations. Strong laws and stronger compliance ensure that we send the very clear message to any operator who is seeking to game the system that they will not be able to do that in New South Wales. We are watching closely and we will come down hard on those caught doing the wrong thing. At this point in time, conflicts overseas, which none of us have control over, are impacting on global fuel availability and prices, which are fundamental factors in determining the price of fuel in New South Wales and across the country. As I said in my second reading speech on the Government's own legislation, I recognise that the rising cost of fuel is having a serious impact on the people of New South Wales and industry more widely. Fuel is not a luxury; it is a core necessity of living. It gets people to work and kids to school and keeps our primary industries running.

FuelCheck is a nation-leading app and website that helps people manage their household budgets by providing important, real-time information about fuel prices and availability, whether you use E10, 95, premium fuel or diesel. Encouragingly, since the conflict in the Middle East began earlier this year, the use of FuelCheck has skyrocketed. Motorists across New South Wales are using this important government service via the app on their phone wherever they are to check fuel. Real-time information that is accessible anytime, anywhere, which was brought in through the Government's own legislation, is the way forward. At the height of rising fuel prices, between 1 March and 30 April—barely two months—FuelCheck was visited more than 22 million times. That shows that FuelCheck is an indispensable tool for the people of New South Wales. The Government is committed to ensuring that the information available to consumers will always remain accurate, updated and relevant.

To the contrary, the bill before the House would repeal existing provisions that authorise the secretary to establish the FuelCheck scheme by order published on the NSW legislation website and the Fair Trading (FuelCheck) Order 2026. Instead, it authorises the secretary to publish the fuel price information as they see fit and in accordance with the regulation. In other words, the Opposition's bill repeals existing FuelCheck legislation and replaces it with a system that is full of holes and could leave motorists worse off. It is based on false promises and false expectations, leaving every motorist, every primary producer and every business in New South Wales none the better and none the wiser.

Critically, the bill also fails to provide detail about the publication of fuel prices and does not introduce any fuel publication requirements in the regulation. The amendments not only represent a substantial intervention in the private market, but also deviate entirely from the purpose of FuelCheck as a price transparency tool. This proposal from the Opposition goes against the very foundations of what can result in cheaper fuel prices: transparency, competition and better decision-making by the motorist, wherever they are. Surely that is the way forward, not what the Opposition is proposing. Currently, the FuelCheck order makes it a requirement for a service station operator to notify NSW Fair Trading if any of the fuels ordinarily offered for sale becomes unavailable. This bill, however, repeals that order and does not introduce any requirements to report fuel availability via FuelCheck. That is a significant oversight from the Opposition that reinforces the fact that this bill has not been thought out and would not be to the benefit of motorists and the New South Wales economy.

Think about what would happen under the bill. Imagine you are driving to a particular fuel station, only to get there and find that there is no fuel available, wasting precious petrol in your car or work van. Under FuelCheck, you will know where fuel is available, because this Government made it mandatory under the legislation to report the core information of fuel availability and fuel price. Drivers have to know the availability and the price. The Opposition's proposal does not include any of those requirements, which is a significant oversight.

Under the Opposition bill, drivers will waste precious fuel driving to service stations that do not have the fuel available that is specific to their vehicle. The bill does not create certainty for consumers; it does the complete opposite and undermines it entirely. Information about fuel availability is particularly vital in regional communities, where service stations are sparse and drivers have to travel long distances to reach one. Imagine driving in regional New South Wales, where 70 to 80 kilometres is seen as a short distance, only to find out that there is no fuel at that service station. How does the Opposition's proposal make things better for motorists, in particular those in regional New South Wales? Accurate and timely information about fuel availability on FuelCheck is essential for communities where motorists have to drive much greater distances than those in metro Sydney.

Up-to-date information about fuel availability across New South Wales is critical to not only support the Government's assessment but also ensure that consumers do not waste their precious time and fuel driving to a service station that does not have any fuel at all, which creates greater uncertainty for motorists. How does the Opposition's proposal help motorists in New South Wales? The short answer is it does not. Under the Opposition's bill, consumers would be deprived of accurate, real-time fuel availability information, leaving them extremely vulnerable to purchasing decisions that worsen the financial burden of current fuel prices.

In contrast, the Government's bill ensured that this is not the case. Under our reforms, it is an offence to fail to notify customers when fuel becomes unavailable. The Government's reforms introduced amendments to make two new offences for noncompliance with FuelCheck NSW obligations, increased the maximum penalty amounts for service stations that fail to comply with the reporting obligations and increased on-the-spot fines for those offences. These good, strong laws ensure that service station operators do the right thing by motorists and comply with their obligations. The Government's increase to the fines has sent a very clear message that we are on the side of motorists and lower fuel prices, and we are on the side of greater accountability and transparency when it comes to access to good information.

The Government's action to improve fuel price transparency and strengthen the compliance and enforcement regime under the FuelCheck scheme has meant that service stations that fail to meet their obligations now face much larger and more significant penalties. On-the-spot fines will double to $1,100 for individuals and triple for companies to $3,300. If the same station reoffends within 12 months, the on-the-spot fines will rise sharply to $5,500 for individuals and $11,000 for companies. The huge increase in fines is a pretty strong message to not take consumers for a ride or think motorists are mugs. The Government will not tolerate motorists being ripped off at the bowser, and it will continue to enforce that. On top of that, the courts will also be empowered to impose much stronger penalties, with maximum fines increasing to $55,000 for individuals and for companies up to $110,000. On-the-spot fines are increasing significantly; if someone reoffends, it goes up even more. Those are really strong messages about fines and compliance to ensure that operators do the right thing.

The Government has also put its money where its mouth is. There is nothing like good legislation and also resources to match it. We have injected $2.2 million to enhance FuelCheck. The funding will pay for upgrades, which include better data collection from fuel retailers, better data analysis to help government respond to the fuel crisis and design updates for a better user experience. NSW Fair Trading also conducted a record number of fuel compliance inspections and re-inspections, particularly on those service operators that are deemed, analysed and identified to be high risk. On top of that, as a result of that enforcement regime, NSW Fair Trading has been able to issue more than $300,000 worth of fines for noncompliance. That is a pretty good record, and NSW Fair Trading will continue to enforce compliance and ensure it is adhered to by operators.

The Government also opened a targeted round of expressions of interest for major investment projects designed to strengthen fuel security and resilience. The Investment Delivery Authority [IDA] called for proposals from industry to deliver commercial-scale projects that improve the State's fuel supply, reduce reliance on imports, and help protect households, businesses and essential services from future global disruptions. The New South Wales Government, the Australian Government and other governments cannot control conflicts overseas, particularly where there are impacts on fuel price and availability. We all know that significant chunks of the world's fuel supply come from certain areas of the globe. We cannot control that, but we can control the work we do in New South Wales, with strong legislation and focusing on actions that actually work rather than false promises, false expectations and misleading legislation like this bill proposed by the Opposition to control global fuel prices. The bill will not do that.

We have sent a very clear signal that New South Wales is open for business, with the work of the IDA and its call for expressions of interest about fuel security and supply. We have sent a very clear message to the investment community that New South Wales is always open for business and committed to delivering major fuel security investment for the people of New South Wales. We have a long-term solution to ensure that we have fuel resilience and supply working on top of our enforcement regime and will support motorists across New South Wales to have access to real-time, quality data about price and availability. Those two things cannot be mutually exclusive.

The IDA process is part of our efforts to build a stronger pipeline of investment and support regional communities because we know the issue of fuel supply and price is much more acute for, and felt more by, people in regional New South Wales given the greater distances they have to travel and the distance between fuel stations. That is why we are very conscious of making sure our short-, medium- and long-term focus is about cushioning the New South Wales economy as much as we can. We also want to position New South Wales as a leader in next-generation fuel production.

At a time when fuel pricing and availability are exacerbating cost of living pressures for households, motorists, consumers and businesses, consumers continue to rely on FuelCheck for true price transparency and accurate fuel availability information. Markets work best when there is healthy competition and real-time information because consumer behaviour will drive service centre operators to compete and ensure they continue to be commercially viable so they can get business from consumers. If the service station down the road or one suburb away is selling petrol for 10¢ to 15¢ cheaper and another service station is locked into a price, it cannot reduce its price. That is not the way markets and healthy competition work.

Real-time data through FuelCheck and availability is the way to go. Strong compliance regimes and high penalties is also the way to go. For the long term, encouraging investment in fuel storage and availability, investment pipelines and fuel resilience is the way to go to cushion the New South Wales economy for the future. The Government is doing everything in its power to ensure its fuel supply, which is a core part of the way the economy and households operate, and that consumers know where the cheapest fuel is wherever they are or wherever they are travelling to and from. In contrast, the Opposition's bill jeopardises FuelCheck and will not deliver better outcomes for the people of New South Wales. For those reasons, the Government cannot support the bill.