NSW Government Can Cancel Agent and Dealer Licences, Ban Conveyancers, and Share Info with Federal Agencies

Fair Trading and Building Legislation Amendment Bill 2026

15 Sep 2026: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

building industry building standards consumer protection fair trading first home buyers information sharing professional licensing property agents real estate residential tenancies strata management +6 more

Introduced by: The Hon Anoulack Chanthivong MP (ALP); The Hon Penny Sharpe MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

government can cancel licences for building certifiers, charitable fundraisers, community gaming operators, motor dealers, paintball operators, pawnbrokers, property agents and conveyancers if licences were granted in error, by misrepresentation, or if fees are unpaid
disciplinary action can be taken against former licensees (including de-registered building certifiers) for conduct that occurred while they held the licence
the Building Secretary can vary, suspend or cancel Home Building Act authorities if the holder is not qualified to hold the authority, or no longer has the required qualifications, experience, or training
a Building Administration Fund is established to pool certain payments and cover building sector administration costs
the loose-fill asbestos insulation provisions in the Home Building Act are removed -- these have become redundant following completion of the asbestos remediation program
motor dealer and repairer licences can be cancelled if the licence-holder company has been wound up or deregistered
The Fair Trading Secretary can cancel licences for pawnbrokers, second-hand dealers, commercial agents, and property and stock agents if the licence was given in error, based on false information, or if the application fee was not paid.
The Fair Trading Secretary can cancel a property and stock agent or motor dealer and repairer licence if the company is wound up or deregistered.
People who manage or run a conveyancing business can be disqualified from the industry, either permanently or for a set time.
Partners or officers of a company that used to hold a motor dealer and repairer licence can now face disciplinary action.
Government agencies can now share information with APRA, ASIC, and the Australian Taxation Office to help manage building laws or investigate crimes.

The Debate

What different members said when this bill was debated:

Chris Rath LIB

“On behalf of the Opposition, I speak in debate on the Fair Trading and Building Legislation Amendment Bill 2026. This is an omnibus bill that amends 22 Acts. A large proportion of the measures are minor or administrative and make sensible changes to bring the law up to date. Strengthening the licensing tools available to NSW Fair Trading makes sense, and the Opposition supports those measures.”

Official source →

Cate Faehrmann GRN

“As The Greens spokesperson on fair trading and building, I speak in support of the Fair Trading and Building Legislation Amendment Bill 2026. It seeks to make changes to 22 Acts within the Better Regulation and Fair Trading and Building portfolios. Most changes are minor and administrative in nature, but a small number could have unintended consequences, which I will discuss further.”

Official source →

John Ruddick LIBT

“The Libertarian Party opposes the Fair Trading and Building Legislation Amendment Bill 2026. This bill is a stark reminder of how shameless the Government is in thinking it has all the answers, that more regulation can solve the housing crisis and more government power will somehow bring about social outcomes. The Government is wrong. This is the Government putting bandaids on bandaids.”

Official source →

Mark Latham IND

“It is often my melancholy duty in this place to correct historical canards. As much as I respect the Hon. John Ruddick and his raging campaign against the modern Liberal Party—of which he knows a lot, campaigning for plebiscites and the like—I can report to the House that Bob Hawke was never the Minister for deregulation.”

Official source →

Emily Suvaal ALP

“I speak in support of the Fair Trading and Building Legislation Amendment Bill 2026. The bill introduces a range of balanced, practical and reasonable amendments across the Better Regulation and Fair Trading and Building portfolios to ensure the effective regulation of licence holders within those portfolios.”

Official source →

Mark Buttigieg ALP

“Chris Rath, Ms Cate Faehrmann, the Hon. John Ruddick, the Hon. Mark Latham and the Hon. Emily Suvaal. The bill will implement reforms that amend various Acts across the Better Regulation and Fair Trading and Building portfolios. Although the bill makes a range of minor amendments to various Acts, it remains a bill of requirement—a critical piece of legislation.”

Official source →

News articles and press releases

Second Reading Speech - Lower House (first house)

Mr ANOULACK CHANTHIVONG, Minister for Better Regulation and Fair Trading — 2026-02-04

... the bill amends the Building and Construction Industry Security of Payment Act 1999 by renaming the term \\\"business day\\\" to \\\"working day\\\", without altering its meaning or application. Currently, the definition of \\\"business day\\\" in this Act is different to the meaning of \\\"business day\\\" within the Interpretation Act 1987, so this inconsistency needs to be rectified. [...] Building practitioners are currently exempt from holding professional indemnity insurance as there are no available insurance products to satisfy their legislative requirements. Without this exemption, building practitioners would need to cease work on regulated buildings, namely classes 2, 3 and 9c, causing significant delays to the delivery of housing across New South Wales. The existing scope of the regulation‑making power requires the exemption to be remade every 12 months. Concerns have been raised by the Legislative Council\\\'s Delegated Legislation Committee that the scope of the regulation‑making power allows for only a one‑off 12‑month period exemption. The removal of the existing 12‑month limitation will address those concerns and ensure building practitioners continue to be exempt from professional indemnity requirements for an appropriate period until the market develops a complying product, providing certainty to industry.