Unconscionable conduct is unfair or unreasonable conduct in business transactions that goes against good conscience.  The Bill proposes to insert new provisions replacing sections 21 and 22 of the ACL, and combining the consumer and business-related provisions prohibiting unconscionable conduct.

The unification of business and consumer provisions avoids the risk that courts might accord different meanings to two sets of provisions. The statement of principles will assist the courts in applying the prohibition of statutory unconscionable conduct as well as improve stakeholder understanding of the meaning and scope of the provisions.