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Competition and Consumer Regulations 2010

Authoritative Version
  • - F2018C00104
  • In force - Superseded Version
  • View Series
SR 1974 No. 170 Regulations as amended, taking into account amendments up to Treasury Laws Amendment (Professional Standards Schemes) Regulations 2018
Principal Regulations
Administered by: Treasury
Registered 13 Feb 2018
Start Date 10 Feb 2018
End Date 08 Jun 2018

Commonwealth Coat of Arms of Australia

Competition and Consumer Regulations 2010

Statutory Rules No. 170, 1974

made under the

Competition and Consumer Act 2010

Compilation No. 63

Compilation date:                              10 February 2018

Includes amendments up to:            F2018L00096

Registered:                                         13 February 2018

 

About this compilation

This compilation

This is a compilation of the Competition and Consumer Regulations 2010 that shows the text of the law as amended and in force on 10 February 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Name of Regulations........................................................................... 1

2............ Interpretation....................................................................................... 1

3............ Computation of time............................................................................ 1

4............ Directions in Forms............................................................................ 2

4A......... Approved form................................................................................... 2

Part 2—General                                                                                                                      3

4AA...... Registrar of the Tribunal..................................................................... 3

5............ Seal of the Commission...................................................................... 3

6............ Offices of Commission....................................................................... 3

6AA...... Federal Court orders about energy laws.............................................. 3

6A......... Application to Council for declaration recommendation...................... 4

6B......... Application to the Council for a recommendation on the effectiveness of an access regime     4

6BA...... Application to the Council for a recommendation to revoke a decision that a regime is an effective access regime...................................................................................... 5

6C......... Notification of access dispute.............................................................. 5

6D......... Withdrawal of notification................................................................... 6

6E.......... Summons to witness—access arbitration............................................ 7

6F.......... Costs of an access arbitration.............................................................. 7

6FA....... Approval of competitive tender process for construction and operation of a facility—content of application........................................................................................... 8

6FB....... Approval of competitive tender process for construction and operation of a facility—requirements for tender process..................................................................................... 8

6FC....... Report on conduct of tender process................................................. 10

6G......... Application for registration of a contract for access.......................... 10

6H......... Inspection of Part IIIA registers and copies of documents................ 11

6I........... Evidence of Part IIIA register documents......................................... 11

6J.......... Access Codes prepared by industry bodies (Act, section 44ZZAA). 12

7............ Australian Energy Regulator may disclose information to prescribed persons and bodies (Act paragraph 44AAF(3)(e))................................................................... 12

7A......... Prescribed energy laws (Act subparagraph 4(1)(c)(ii))..................... 14

7AA...... Australian Energy Regulator functions............................................. 14

7B......... Merits review by Tribunal (Act subsection 44ZZR(2))..................... 15

7C......... Register of applications for review under State/Territory energy law (Act subsection 44ZZR(2)).......................................................................................................... 15

7D......... Confidentiality claims etc (Act subsection 44ZZR(2))...................... 16

8............ Prescribed association or body for purposes of paragraph 51(2)(c) of the Act        17

8A......... Professional standards schemes........................................................ 17

9............ Period after which notice of resale price maintenance comes into force 21

11.......... Service of documents on the Commission........................................ 21

12.......... Service of documents on persons other than the Commission.......... 21

13.......... Recording of date of receipt of applications or notices...................... 22

14.......... Evidence in respect of receipt etc of documents................................ 23

15.......... Seal of the Tribunal........................................................................... 23

16.......... Hours of Registrar’s office............................................................... 23

17.......... Title of proceedings before the Tribunal............................................ 23

18.......... Filing or lodging of documents with the Registrar............................ 24

19.......... File number of proceedings............................................................... 24

20.......... Applications for review..................................................................... 24

20A....... Applications for review of certain access decisions.......................... 25

21.......... Address for service in proceedings before Tribunal.......................... 25

22.......... Directions by the Tribunal as to certain matters................................. 25

22A....... Evidence of persons not attending the Tribunal................................. 26

22B....... Participation in review of certain access decisions............................ 26

23.......... Orders and determinations of Tribunal.............................................. 27

24.......... Confidentiality................................................................................... 27

25.......... Summons to witness......................................................................... 28

26.......... Continuance of proceedings and matters notwithstanding non‑compliance with Regulations or direction.......................................................................................................... 28

27.......... Inspection of, and furnishing of copies of, documents...................... 29

28.......... Fees................................................................................................... 29

28A....... Services and activities for which the Commission may charge......... 31

28AA.... Protection of persons appearing on another person’s behalf............. 31

Part 2A—Review by Tribunal of access determinations                             33

28B....... Definitions for Part 2A..................................................................... 33

28C....... Applications for review..................................................................... 33

28D....... Notice about participation in a review............................................... 33

28E........ Participants in a review..................................................................... 33

28F........ Constitution of the Tribunal for conduct of a review......................... 34

28G....... Member of Tribunal presiding.......................................................... 34

28H....... Reconstitution of Tribunal................................................................. 34

28I......... Determination of question................................................................. 34

28J........ Disclosure of interests by members of Tribunal................................ 34

28K....... Hearing to be in private..................................................................... 35

28L........ Representation at a review hearing.................................................... 35

28M...... Procedure of Tribunal....................................................................... 35

28N....... Summons to witness—review hearing.............................................. 36

28P........ Taking of evidence by a single member............................................ 36

28Q....... Application of regulations................................................................. 36

Part 2B—Telecommunications access regime                                                     37

Division 1—Definitions for Part 2B                                                                    37

28R....... Definitions........................................................................................ 37

Division 2—Access generally                                                                                 38

28S........ Billing information............................................................................ 38

Division 4—Documents                                                                                              40

28Y....... Definition.......................................................................................... 40

28Z........ Copies of documents in Part XIB or Part XIC register..................... 40

Part 3—International liner cargo shipping                                                          41

29.......... Interpretation..................................................................................... 41

30.......... Office of the Registrar....................................................................... 41

31.......... Fees................................................................................................... 41

32.......... Register of conference agreements: prescribed particulars................ 41

33.......... Register of designated shipper bodies: prescribed particulars........... 42

34.......... Register of non‑conference ocean carriers with substantial market power: prescribed particulars.......................................................................................................... 42

35.......... Register of obligations concerning unfair pricing practices: prescribed particulars   43

36.......... Register of ocean carrier agents: prescribed particulars..................... 43

37.......... Loyalty agreements: notifications relating to exemptions: prescribed particulars      43

38.......... Application for provisional registration of conference agreement..... 43

38A....... Special circumstances for inwards conference agreement................. 44

39.......... Notice about negotiations.................................................................. 44

40.......... Application for final registration of a conference agreement............. 45

41.......... Form of abstract................................................................................ 46

42.......... Notice of the happening of an affecting event................................... 46

43.......... Undertakings..................................................................................... 46

44.......... Application by ocean carrier for registration of agent........................ 47

45.......... Notice of change of agent etc............................................................ 47

46.......... Manner of making applications and giving notices........................... 47

47.......... Verification of documents................................................................. 48

Part 5—Authorisations, notifications and clearances in respect of restrictive trade practices—prescribed matters                                                                  49

71A....... Collective bargaining contracts—motor vehicle fuel for retail sale.... 49

71B....... Collective bargaining contracts—motor vehicles for retail sale......... 49

71C....... Collective bargaining contracts—farm machinery for retail sale........ 49

71D....... Collective bargaining contracts—primary production....................... 49

75.......... Waiver of fee for application relating to non‑merger authorisation.... 49

76.......... Search and Seizure—identity card for inspectors.............................. 50

Part 6—Australian Consumer Law                                                                          51

77.......... Prescribed requirements for definition of assert a right to payment. 51

78.......... Prescribed requirements for warning statements............................... 51

79.......... Specification of body........................................................................ 51

80.......... Specification of person...................................................................... 51

80A....... Single price does not apply to surcharges on food or beverage in restaurants          51

81.......... Agreements that are not unsolicited consumer agreements—general 52

82.......... Information relating to identity of dealer........................................... 54

83.......... Information about termination period................................................ 54

84.......... Form and way of giving information about termination period......... 54

85.......... Information for front page of agreement or agreement document...... 54

86.......... Requirements for front page of agreement........................................ 54

87.......... Requirements for notice accompanying agreement or agreement document             55

88.......... Application of Division 2, Part 3‑2 of Australian Consumer Law to emergency repair contract.......................................................................................................... 55

89.......... Application of Division 2, Part 3‑2 of Australian Consumer Law to particular unsolicited consumer agreement.......................................................................................... 55

90.......... Requirements for warranties against defects..................................... 56

91.......... Requirement for notice relating to repair of goods............................ 57

92.......... Laws specified for supplier reports about consumer goods associated with death, serious injury or illness of any person......................................................................... 57

Part 7—Transitional matters—Australian Consumer Law                      59

93.......... Saving State or Territory laws for compliance with regulation 82 and regulations 83 to 87—1 January 2011 to 30 June 2011........................................................................ 59

94.......... Application of section 86 of Australian Consumer Law—1 January 2011 to 31 December 2011.......................................................................................................... 60

95.......... Application of paragraph 86(1)(a) of Australian Consumer Law...... 61

Part 8—Other transitional and application provisions                                 62

Division 1—Application of amendments made by the Competition and Consumer Amendment (Competition Policy Review) Regulations 2017            62

96.......... Meaning of amending Part............................................................... 62

97.......... Application of amendments............................................................... 62

Schedule 1—Forms—General                                                                         63

Part 1—Forms—General                                                                                                63

Part 4—Forms for Tribunal and Commission proceedings                      64

Schedule 1A—Matters for which no fee is payable                 79

Schedule 1B—Fees payable to Commission for applications and notices                                                                                                                         80

Schedule 2—Fees—registration of conference agreements 81

Schedule 3—Forms—registration of conference agreements               82

Form 1—Application for provisional registration of a conference agreement     82

Form 2—Application for final registration of a conference agreement 83

Form 3—Abstract of confidential parts of agreement                                  84

Form 4—Notice of the happening of an affecting event                              85

Form 5—Offer to give undertaking                                                                          86

Form 6—Application by ocean carrier for registration of agent            87

Form 7—Notice to change of agent, change of address or change of particulars              88

Endnotes                                                                                                                                    89

Endnote 1—About the endnotes                                                                            89

Endnote 2—Abbreviation key                                                                                90

Endnote 3—Legislation history                                                                             91

Endnote 4—Amendment history                                                                           95


Part 1Preliminary

  

1  Name of Regulations

                   These Regulations are the Competition and Consumer Regulations 2010.

2  Interpretation

             (1)  In these Regulations:

Act means the Competition and Consumer Act 2010.

AEMO has the same meaning as in the Renewable Energy (Electricity) Act 2000.

approved form means a form approved under regulation 4A.

Audit Bureau of Circulations means the organisation formed in 1932 which audits print circulation for the media industry.

Competition Code has the same meaning as in Part XIA of the Act.

large proprietary company has the meaning given by subsection 45A(3) of the Corporations Act 2001.

proprietary company has the meaning given by subsection 45A(1) of the Corporations Act 2001.

subsidiary has the meaning given by section 9 of the Corporations Act 2001.

             (2)  In these Regulations, a reference to a Form by a letter, or letters, is a reference to the Form so lettered in Schedule 1.

             (3)  In these Regulations (including any form provided for by these Regulations), unless the contrary intention appears (from section 150C of the Act or otherwise):

                     (a)  a reference to the Act, or to the Act and these Regulations, includes a reference to the Competition Code; and

                     (b)  a reference to a provision of the Act (including a reference to a Part, Division or Subdivision of the Act) includes a reference to that provision having effect as a provision of the Competition Code; and

                     (c)  a reference to a provision of these Regulations (including a reference to a Part of these Regulations) includes a reference to that provision having effect as a provision of the Competition Code.

3  Computation of time

             (1)  Where a period of time dating from a given day, act or event is prescribed by or allowed under these Regulations for doing an act or taking a proceeding, the time shall be reckoned exclusive of the day, or of the day of the act or event, from which the time dates.

             (2)  Where the time prescribed by or allowed under these Regulations for doing an act or taking a proceeding expires on a Saturday or Sunday or on a day on which the office of the Registrar is closed, the act may be done or the proceeding may be taken on the first day following that is not a Saturday, Sunday or day on which that office is closed.

4  Directions in Forms

                   A person completing any document that is required to be in accordance with a Form in Schedule 1 or Schedule 3 shall complete that document in accordance with any directions contained in the Form, including any directions with regard to the furnishing of other documents.

4A  Approved form

                   The Commonwealth Minister may, in writing, approve a form for a purpose authorised or required by these Regulations.

Part 2General

  

4AA  Registrar of the Tribunal

                   In this Part, unless the contrary intention appears:

Registrar means the Registrar of the Tribunal and, except in subregulation 15(3), includes a Deputy Registrar.

5  Seal of the Commission

             (1)  The seal of the Commission shall be of a design approved by the Chairperson and shall include:

                     (a)  the Commonwealth Arms, that is to say, the Armorial Ensigns and Supporters granted and assigned for the Commonwealth of Australia by Royal Warrant dated 19 September 1912; and

                     (b)  the words “Australian Competition and Consumer Commission”.

             (3)  The seal of the Commission shall be affixed by or with the authority of the person performing the duties of Secretary to the Commission to such documents as are required by these Regulations or by a direction of a member of the Commission to be sealed with the seal of the Commission.

6  Offices of Commission

             (1)  The Commission shall maintain an office at each of the following places, namely, Canberra, Sydney, Melbourne, Brisbane, Adelaide, Perth, Hobart and Darwin, and shall maintain offices at such other places as it determines.

             (2)  The Commission shall notify in the Gazette the address of each of its offices and any change in such an address.

6AA  Federal Court orders about energy laws

             (1)  For paragraph 44AAG(2)(e) of the Act, the following kinds of orders are prescribed:

                     (a)  an order that includes a direction that the loads of the person to whom the order applies be disconnected in accordance with the rules;

                     (b)  an order that includes a direction that the person to whom the order applies be suspended from, as the case requires, purchasing or supplying electricity through the wholesale exchange operated and administered by AEMO.

Note:          The Commonwealth, State and Territory co‑operative scheme is set out in legislation. The National Electricity (South Australia) Act 1996 of South Australia is the lead legislation, and has been applied by the other participants in the scheme as a law of their jurisdictions.

                   AEMO is the operator of the electricity wholesale exchange.

             (2)  In subregulation (1):

rules means rules mentioned in paragraph (c) of the definition of South Australian Electricity Legislation in subsection 4(1) of the Act, to the extent that they apply as part of:

                     (a)  a uniform energy law that is applied as a law of the Commonwealth; or

                     (b)  a State/Territory energy law.

Note:          Uniform energy law and State/Territory energy law are defined in subsection 4(1) of the Act.

6A  Application to Council for declaration recommendation

                   An application to the Council under subsection 44F(1) of the Act for a declaration recommendation in respect of a particular service must include the following information:

                     (a)  the applicant’s name and, if the applicant is the designated Minister or an organisation, the name and contact details of a contact officer for the Minister or organisation;

                     (b)  the applicant’s address for the delivery of documents (which may be an electronic address), including the notification of any decision of the designated Minister or the Council, relating to the application or the declaration recommendation;

                     (c)  a description of the service and of the facility used to provide the service;

                     (d)  the name of the provider, or of each provider, of the service and, if a provider does not own the facility, the name of the owner, or of each owner, of the facility, as the case requires;

                     (e)  the reason for seeking access (or increased access) to the service;

                      (f)  the applicant’s reasons for believing that all of the declaration criteria for the service are satisfied;

                      (l)  a description of efforts, if any, that have been made to negotiate access to the service.

6B  Application to the Council for a recommendation on the effectiveness of an access regime

                   An application to the Council under subsection 44M(2) of the Act for a recommendation on the effectiveness of a regime for access to a service must include the following information:

                     (a)  the name of the State or Territory on whose behalf the application is made;

                     (b)  the name and designation of the responsible Minister for the State or Territory;

                     (c)  the name and contact details of a contact officer for the State or Territory;

                     (d)  the responsible Minister’s address for the delivery of documents, including the notification of any decision of the Commonwealth Minister or the Council, relating to the application or the recommendation;

                     (e)  a description of the access regime (including a copy of any relevant legislation);

                      (f)  a description of the service;

                     (g)  grounds in support of the application.

6BA  Application to the Council for a recommendation to revoke a decision that a regime is an effective access regime

                   An application to the Council under subsection 44NBA(3) of the Act for a recommendation in respect of a regime for access to a particular service must include the following information:

                     (a)  the applicant’s name and, if the applicant is the responsible Minister or an organisation, the name and contact details of a contact officer for the Minister or organisation;

                     (b)  the applicant’s address for the delivery of documents (which may be an electronic address), including the notification of any decision of the responsible Minister or the Council, relating to the recommendation;

                     (c)  a description of the access regime;

                     (d)  grounds in support of the application.

Note:          For the application to be successful, the grounds in support of the application would need to satisfy the Council of the matters in subsection 44NBA(5) of the Act.

6C  Notification of access dispute

             (1)  A notification under section 44S of the Act of an access dispute in relation to a declared service must include the following information:

                     (a)  the name of the person notifying the dispute (in this regulation called the notifier) and, if the notifier is not an individual, the name and contact details of a contact person for the notifier;

                     (b)  the notifier’s address for the delivery of documents relating to matters arising out of the notification (which may be an electronic address);

                     (c)  whether the notifier is the provider or the third party and:

                              (i)  if the notifier is the provider—the name and other particulars of the third party; or

                             (ii)  if the notifier is the third party—the name and other particulars of the provider, or of each provider, of the service and, if the provider does not own the facility, the name of the owner, or of each owner, of the facility, as the case requires;

                     (d)  a short description of the business (existing and anticipated) of the notifier;

                     (e)  a description of the service and of the facility used to provide the service;

                      (f)  a description of the access dispute, including:

                              (i)  whether the dispute is about the varying of existing access arrangements and, if so, a description of those arrangements; and

                             (ii)  each aspect of the access to the service on which the parties to the dispute are able to agree; and

                            (iii)  each aspect of the access to the service on which the parties to the dispute are not able to agree;

                     (g)  a description of efforts, if any, to resolve the dispute;

                     (h)  to the best of the notifier’s knowledge, particulars of:

                              (i)  any existing user of the service, including a brief description of how, if at all, access would affect the user; and

                             (ii)  any person having a right (contractual or otherwise) to require the provider to provide the service to that person, including a description of how, if at all, access would affect that right;

                      (j)  whether access would involve extending the facility;

                     (k)  to the best of the notifier’s knowledge, an estimate or description of the direct costs of providing access to the service to the third party, indicating who will bear those costs;

                      (l)  whether access will involve the third party becoming the owner (or one of the owners) of any part of the facility, or of extensions of the facility, and, if so:

                              (i)  a short description of the circumstances by which the third party’s ownership would arise; and

                             (ii)  whether the provider consents, or will consent, to the third party becoming an owner;

                    (m)  a description of one or more methods by which access to the service can be provided and details of any risk to human health or safety caused by that method or those methods;

                     (n)  if the notifier is the third party—a short description of the benefits from allowing access to the service, or increased access to the service, as the case requires.

             (2)  The notifier must pay to the Commission, in respect of a notification, a fee of $2,750.

             (3)  A fee under subregulation (2) is payable at the time of giving the notification.

6D  Withdrawal of notification

             (1)  A withdrawal of a notification, under section 44T of the Act:

                     (a)  must be by notice in writing to the Commission; and

                     (b)  must include the following information:

                              (i)  the name of the person withdrawing the notification;

                             (ii)  whether the person withdrawing the notification is the provider or the third party;

                            (iii)  a short description of the access dispute to which the notification relates;

                            (iv)  a reference to the relevant paragraph or subparagraph of subsection 44T(1) of the Act under which the person withdrawing the notification claims to be authorised to do so.

             (2)  At the time of giving a notice of withdrawal to the Commission under subregulation (1), the person withdrawing the notification must give a copy of the notice to:

                     (a)  the provider or the third party, as the case requires, who is not withdrawing the notification; and

                     (b)  any other person to whom the Commission has given notice in writing under subsection 44S(2) of the Act.

             (3)  A notice of withdrawal takes effect when it is received by the Commission.

6E  Summons to witness—access arbitration

             (1)  A summons under subsection 44ZH(2) of the Act must be in accordance with Form AA.

             (2)  For the purposes of section 44ZI of the Act, a summons must be served on a person by:

                     (a)  delivering a copy of the summons to the person personally; and

                     (b)  showing the original of the summons to the person at the time at which the copy is delivered to the person.

6F  Costs of an access arbitration

             (1)  This regulation is made for the purposes of section 44ZN of the Act.

          (1A)  The amount of a fee mentioned in subregulation (2) is the GST inclusive market value of the consideration for the supply of the service of conducting an arbitration of an access dispute.

             (2)  The Commission may charge, for its costs in conducting an arbitration of an access dispute:

                     (a)  a pre‑hearing fee of:

                              (i)  if the access dispute is in respect of a variation of an existing determination relating to access by the third party—$2 170; or

                             (ii)  in any other case—$10 850; and

                     (b)  a hearing fee of $4 340 for each day, or part of a day, of the arbitration hearing.

             (3)  A pre‑hearing fee charged under paragraph (2)(a) is payable by the person who notified the access dispute on or before the commencement of the arbitration hearing.

             (4)  A hearing fee charged under paragraph (2)(b) for a day, or part of a day, of the arbitration hearing:

                     (a)  must be apportioned by the Commission between the parties appearing at the hearing on that day; and

                     (b)  is payable by those parties accordingly.

             (5)  Nothing in this regulation enables the Tribunal to charge for its costs in conducting a review of a determination.

6FA  Approval of competitive tender process for construction and operation of a facility—content of application

             (1)  For paragraph 44PA(2)(b) of the Act, this regulation sets out requirements for an application for approval of a tender process, for the construction and operation of a facility that is to be owned by the Commonwealth, State or Territory, as a competitive tender process.

             (2)  The application must state:

                     (a)  the contact details of the Commonwealth Minister, or the responsible Minister of a State or Territory, who is the applicant; and

                     (b)  details of the proposed facility, including its nature and proposed location; and

                     (c)  details of the proposed tender process, including:

                              (i)  the minimum requirements which a tender will be required to meet before being considered under the tender process; and

                             (ii)  the selection criteria that will be used to select the successful tenderer; and

                            (iii)  the date for the calling for tenders; and

                            (iv)  the closing date for the submission of tenders; and

                             (v)  the date by which the successful tenderer is to be selected; and

                            (vi)  the date by which the contract or arrangement resulting from the tender process will be entered into; and

                     (d)  the reasons why the tender process satisfies the requirements specified in subsection 44PA(4) of the Act.

6FB  Approval of competitive tender process for construction and operation of a facility—requirements for tender process

             (1)  For paragraph 44PA(4)(b) of the Act, this regulation sets out requirements which a tender process must meet before being approved as a competitive tender process.

             (2)  The tender process must relate to a proposed facility.

             (3)  The tender process must set out the arrangements (including procedures and rules) that are to be followed for the conduct of the tender process, including;

                     (a)  the selection criteria that will be used to select the successful tenderer; and

                     (b)  the requirement for a tenderer to include in its tender the terms and conditions on which the tenderer will provide access to the service or services proposed to be provided by means of the facility, as specified in accordance with paragraph 44PA(2)(a) of the Act; and

                     (c)  the minimum requirements which a tender will be required to meet before being considered.

Examples for paragraph (b) of things to be addressed in the proposed terms and conditions

1   A price or pricing methodology.

2   An obligation that the tenderer will not hinder access to the service.

3   An obligation that the tenderer will implement a particular business structure.

4   Procedures for determining terms and conditions of access to the service.

5   How the terms and conditions of access to the service will be administered.

             (4)  The tender process must set out the arrangements (including procedures and rules) that are to be followed to ensure that the successful tenderer would not limit, or attempt to limit:

                     (a)  the services to which access may be sought; or

                     (b)  the construction or operation of other infrastructure which could provide the same services to the same market as the infrastructure proposed in the tender.

             (5)  The tender process must ensure that a request for tender under the process would not limit, or attempt to limit:

                     (a)  the configuration of the infrastructure proposed in the tender; or

                     (b)  any other technical specification of the facility;

unless the Commission is satisfied that it would be appropriate for the request for tender to do so.

             (6)  The tender process must:

                     (a)  be designed in a way that makes it appropriate, in its circumstances, for ensuring reasonable terms and conditions of access to the service; and

                     (b)  be capable of being used in a way that makes it appropriate, in its circumstances, for ensuring reasonable terms and conditions of access to the service.

             (7)  For subregulation (6), when the Commission considers the approval of the tender process it must have regard to:

                     (a)  the persons who are likely to be competitors for the construction and operation of the facility; and

                     (b)  the persons who are likely to be competitors for the provision of the services.

             (8)  Subregulation (7) does not limit the matters to which the Commission may have regard when it considers the approval of the tender process.

             (9)  The tender process must set out proposed selection criteria that will ensure that a tender will be selected principally on the basis that the tender will lead to the provision of the service or services proposed to be provided by means of the facility, as specified in accordance with paragraph 44PA(2)(a) of the Act:

                     (a)  at the lowest sustainable access price or prices; or

                     (b)  on terms and conditions that are otherwise most likely to promote the objects of Part IIIA of the Act.

Note:          Although a tender is to be selected principally on the basis that it offers the most favourable access terms, as described in paragraphs (9)(a) and (b), an applicant’s tender may address additional objectives to be taken into account in the selection process, such as community service obligations and environmental objectives.

           (10)  The tender process must set out proposed selection criteria that will ensure that a tender will not be selected unless the terms and conditions of access to the service or services proposed to be provided by means of the facility, as specified in accordance with paragraph 44PA(2)(a) of the Act, are reasonable, having regard to:

                     (a)  the objects of Part IIIA of the Act; and

                     (b)  the legitimate interests of the provider of the service; and

                     (c)  the legitimate interests of the owner of the facility; and

                     (d)  the public interest, including the public interest in having competition in markets (whether or not the markets are in Australia); and

                     (e)  the interests of persons who may wish to have access to the service; and

                      (f)  the objectives of procedural probity and fair dealing.

6FC  Report on conduct of tender process

             (1)  For subsection 44PB(2) of the Act, this regulation sets out requirements for a report on the conduct of a tender process.

             (2)  The report must include:

                     (a)  details of the successful tenderer; and

                     (b)  the terms and conditions of access to the service or services proposed to be provided by means of the facility, as specified in accordance with paragraph 44PA(2)(a) of the Act; and

                     (c)  evidence showing that:

                              (i)  the tender process was conducted in accordance with the competitive tender process approved by the Commission; and

                             (ii)  the successful tenderer was selected in accordance with the selection criteria specified in the competitive tender process approved by the Commission.

6G  Application for registration of a contract for access

             (1)  An application under section 44ZW of the Act for registration of a contract that provides for access to a declared service:

                     (a)  must be in writing; and

                     (b)  must include the following information:

                              (i)  the names of the parties to the contract and, if a party is not an individual, the name and contact details of a contact person for that party;

                             (ii)  each party’s address for the delivery of documents in relation to the application (which may be an electronic address);

                            (iii)  a description of the service to which the contract relates;

                            (iv)  a description of the contract, including the date on which the contract was made;

                             (v)  a description of the impact of the contract on the level of competition in relevant markets;

                            (vi)  a description of the impact of the contract on other users of the service, including particulars of those users.

             (2)  A fee of $5 425 is payable to the Commission in respect of an application referred to in subregulation (1), at the time of making the application.

             (3)  The amount of the fee payable under subregulation (2) is the GST inclusive market value of the consideration for the supply of the service of registration of a contract that provides for access to a declared service.

6H  Inspection of Part IIIA registers and copies of documents

             (1)  In this regulation and in regulation 6I, Part IIIA register means:

                     (a)  the public register of decisions and declarations kept under section 44Q of the Act; or

                     (b)  the public register of registered contracts kept under section 44ZW of the Act; or

                     (c)  the public register of access undertakings kept under section 44ZZC of the Act; or

                     (d)  the public register of determinations kept under section 44ZZL of the Act.

             (2)  A person may:

                     (a)  inspect any Part IIIA register upon request made in accordance with subregulation (3); and

                     (b)  obtain a copy of any document on a Part IIIA register (including, where the person so requests, a copy certified to be a true copy by a person authorised by the Commission to certify copies of that kind):

                              (i)  on request made in accordance with subregulation (4); and

                             (ii)  on payment of the fee prescribed by regulation 28.

             (3)  A request to inspect a Part IIIA register must be made in person at the office of the Commission where that register is kept.

             (4)  A request to obtain a copy of a document contained in a Part IIIA register must be made:

                     (a)  in person at the office of the Commission where that register is kept; or

                     (b)  in writing to the Commission at that office.

6I  Evidence of Part IIIA register documents

             (1)  A copy of a document contained in a Part IIIA register, certified to be a true copy by a person authorised by the Commission to certify copies of documents of that kind, is to be received in all courts and tribunals as evidence of the document.

             (2)  A document purporting to be a copy of a document contained in a Part IIIA register and to be certified to be a true copy in accordance with subregulation (1), is to be taken to be a true copy of the document and to be so certified, unless the contrary is established.

6J  Access Codes prepared by industry bodies (Act, section 44ZZAA)

             (1)  For the purposes of paragraph 44ZZAA(3)(e) of the Act, the following matters are, where relevant, matters which the Commission must have regard in considering whether to accept an access code:

                     (a)  government legislation and policies relating to ecologically sustainable development; and

                     (b)  social welfare and equity considerations, including community service obligations; and

                     (c)  government legislation and policies relating to matters such as occupational health and safety, industrial relations and access and equity: and

                     (d)  economic and regional development, including employment and investment growth; and

                     (e)  the interests of consumers generally or of a class of consumers; and

                      (f)  the competitiveness of Australian businesses; and

                     (g)  the efficient allocation of resources.

             (2)  For the purposes of subsection 44ZZAA(8) of the Act, the National Electricity Code Administrator Limited (“NECA”), Australian Company Number 073 942 775, is a prescribed industry body.

             (3)  For subsection 44ZZAA(8) of the Act, the Australian Energy Market Commission is a prescribed industry body.

Note:          The Australian Energy Market Commission (also known as AEMC) is established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia, and defined in section 4 of the Competition and Consumer Act 2010.

7  Australian Energy Regulator may disclose information to prescribed persons and bodies (Act paragraph 44AAF(3)(e))

             (1)  For paragraph 44AAF(3)(e) of the Act, the persons and bodies set out in the table are prescribed persons and bodies.

 

Item

Prescribed person or body

Commonwealth

1.1

National Competition Council, established by section 29A of the Act

1.2

Tribunal constituted by subsection 30(1) of the Act

New South Wales

2.1

Independent Pricing and Regulatory Tribunal of New South Wales established by subsection 5(1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales

2.2

Energy and Water Ombudsman (NSW) Limited (ACN 079 718 915)

Victoria

3.2

Essential Services Commission established by subsection 7(1) of the Essential Services Commission Act 2001 of Victoria

3.3

Energy and Water Ombudsman (Victoria) Limited (ACN 070 516 175)

Queensland

4.1

Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland

4.2

Energy and Water Ombudsman established by section 10 of the Energy and Water Ombudsman Act 2006 of Queensland

Western Australia

5.1

Economic Regulation Authority established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia

South Australia

6.1

Essential Services Commission established by subsection 4(1) of the Essential Services Commission Act 2002 of South Australia

6.3

Energy Industry Ombudsman (SA) Limited (ACN 089 791 604)

Tasmania

7.1

Office of the Regulator established by subsection 5(1) of the Electricity Supply Industry Act 1995 of Tasmania

7.2

Ombudsman within the meaning of the Energy Ombudsman Act 1998 of Tasmania

Australian Capital Territory

8.1

Independent Competition and Regulatory Commission for the Australian Capital Territory established by subsection 5(1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory

8.2

ACT Civil and Administrative Tribunal established by section 88 of the ACT Civil and Administrative Tribunal Act 2008 of the Australian Capital Territory

Northern Territory

8A.1

Utilities Commission of the Northern Territory established by subsection 5(1) of the Utilities Commission Act (NT)

Each jurisdiction that has applied the National Energy Retail Law as a law of the jurisdiction

9.1

The Minister responsible for administration of the national energy retail legislation as it applies in the jurisdiction

          (1A)  A staff member or consultant assisting a person or body mentioned in items 1.1 to 8A.1 of the table in subregulation (1) in the performance of a function, or the exercise of a power, of the person or body is also a prescribed person for paragraph 44AAF(3)(e) of the Act.

             (2)  In this regulation:

National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time.

national energy retail legislation has the meaning given in subsection 2(1) of the National Energy Retail Law.

7A  Prescribed energy laws (Act subparagraph 4(1)(c)(ii))

                   For subparagraph (c)(ii) of the definition of State/Territory energy law in subsection 4(1) of the Act, the laws set out in the following table are prescribed.

 

Item

Prescribed laws

New South Wales

2.1

Parts 2, 3 and 4 of, and Schedule 1 to, the National Energy Retail Law (Adoption) Act 2012 of New South Wales and regulations made under Parts 2, 3 and 4 of that Act

Victoria

3.1

Parts 3 and 4 of the Gas Industry Act 2001 of Victoria

3.2

Parts 2, 3, 4 and 5 of, and Schedules 2 and 3 to, the National Electricity (Victoria) Act 2005 (Vic.) and regulations and orders made under that Act

3.3

Part 5 of the National Gas (Victoria) Act 2008 of Victoria and regulations and orders made under that Act

Queensland

4.1A

Parts 2, 3 and 4 of the Electricity—National Scheme (Queensland) Act 1997 (Qld) and regulations made under Part 4 of that Act

4.1

Parts 2, 3, 4 and 5 of, and the Schedule to, the National Energy Retail Law (Queensland) Act 2014 (Qld), and regulations made under Parts 3, 4 and 5 of that Act

4.2

Parts 2, 3 and 4 of the National Gas (Queensland) Act 2008 (Qld) and regulations made under Parts 2 and 4 of that Act

Western Australia

5.1

Section 15 of the Gas Pipelines Access (Western Australia) Act 1998 of Western Australia

South Australia

6.1

Parts 5, 6 and 7 of the National Energy Retail Law (South Australia) Act 2011 of South Australia and regulations made under Parts 5 and 7 of that Act

Tasmania

7.1

Division 7 of Part 2 of the Tasmanian Electricity Supply Industry Act 1995 of Tasmania

7.2

Parts 3, 4 and 5 of the National Energy Retail Law (Tasmania) Act 2012 of Tasmania and regulations made under Parts 3, 4 and 5 of that Act

Australian Capital Territory

8.1

Parts 5 and 6 of the National Energy Retail Law (ACT) Act 2012 of the Australian Capital Territory and regulations made under Parts 5 and 6 of that Act

Northern Territory

9.1

Electricity Networks (Third Party Access) Act (NT) and any instruments made under that Act

9.2

Parts 2, 3 and 4 of, and Schedule 1 to, the National Electricity (Northern Territory) (National Uniform Legislation) Act 2015 (NT) and regulations made under Part 3 of that Act

7AA  Australian Energy Regulator functions

                   For paragraph 44AH(b) of the Act, the AER has the following functions:

                     (a)  making an application for an order under section 44AAG of the Act and conducting proceedings relating to the application;

                     (b)  instituting and conducting appeals relating to an application mentioned in paragraph (a).

7B  Merits review by Tribunal (Act subsection 44ZZR(2))

             (1)  For subsection 44ZZR(2) of the Act, the following provisions of these Regulations apply to a merits review conducted by the Tribunal:

                     (a)  regulations 17, 18, 19 and 21;

                     (b)  regulation 22;

                     (d)  regulations 22A, 23 and 25;

                     (e)  subregulation 26(1A);

                      (f)  regulation 28M;

                     (h)  regulation 28P.

             (2)  For the purposes of applying regulation 28M to a merits review conducted by the Tribunal under a State/Territory energy law or a designated Commonwealth energy law:

                     (a)  treat the references in the regulation to a review hearing and a review as references to a merits review conducted by the Tribunal under a State/Territory energy law or a designated Commonwealth energy law; and

                     (b)  treat the references in the regulation to a determination as references to a decision that is subject to that merits review; and

                     (c)  disregard the reference in subregulation 28M(1) to an access dispute; and

                     (d)  treat the references to the dispute as references to the matter that is the subject of that merits review.

7C  Register of applications for review under State/Territory energy law (Act subsection 44ZZR(2))

             (1)  For subsection 44ZZR(2) of the Act, the Tribunal must keep a register of applications for review under a State/Territory energy law.

             (2)  The register must include:

                     (a)  any document given to the Tribunal in relation to an application referred to in subregulation (1); and

                     (b)  particulars of any oral submission made to the Tribunal in relation to such an application; and

                     (c)  the determination of the Tribunal on such an application and the statement of the reasons given by the Tribunal for that determination;

unless regulation 7D requires the exclusion of the document, particulars or determination.

7D  Confidentiality claims etc (Act subsection 44ZZR(2))

Requests for confidential treatment

             (1)  If a person gives information to the Tribunal in relation to an application referred to in subregulation 7C(1), the person may, at the time of giving the information, request that the information be excluded from the register and the Commission’s website because of its confidential nature.

Confidentiality claims to be determined first

             (2)  If a request is made under subregulation (1), the information must be excluded from the register and the Commission’s website until the Tribunal has made a determination on the request.

When Tribunal must exclude information

             (3)  If a request is made under subregulation (1), the Tribunal must exclude the information from the register and the Commission’s website if the information contains particulars of:

                     (a)  the amount of electricity or gas a person has used or has a right to obtain; or

                     (b)  the cost of gas or electricity services to the person.

When Tribunal may exclude information

             (4)  If a request is made under subregulation (1), the Tribunal may exclude the information from the register and the Commission’s website if it is satisfied that it is desirable to do so because of the confidential nature of the information.

If request refused, document may be withdrawn

             (5)  The Tribunal must return the document or part of the document to the person:

                     (a)  if the Tribunal refuses a request made under subregulation (1) and the information is contained in the document; or

                     (b)  if the person who gave the document to the Tribunal so requires.

             (6)  If paragraph (5)(a) or (b) applies, the Tribunal must exclude the document or the part of the document (as the case requires) from the register and the Commission’s website.

If request refused, oral submission may be withdrawn

             (7)  The person who made the submission may withdraw all or part of the submission if:

                     (a)  the Tribunal refuses a request made under subregulation (1); and

                     (b)  the information was given by way of oral submission.

             (8)  If subregulation (7) applies, the Tribunal must exclude the submission or part of the submission (as the case requires) from the register and the Commission’s website.

Tribunal may exclude information for other reasons

             (9)  The Tribunal may exclude information from the register and the Commission’s website if it is satisfied that it is desirable to do so for any reason other than the confidential nature of the information.

8  Prescribed association or body for purposes of paragraph 51(2)(c) of the Act

                   For the purposes of paragraph 51(2)(c) of the Act, the Australian Gas Association, a company limited by guarantee within the meaning of the Companies Act 1961 of the State of Victoria, as in force at the date of commencement of this regulation, is a prescribed association or body.

8A  Professional standards schemes

                   For subsection 137(2) of the Act, a scheme and any modifications to the scheme set out in the following table are prescribed.

Note:          Column 2 of the table below is included for information only.

 

Prescribed professional standards schemes

Item

Column 1
Scheme

Column 2
Date prescribed

1

The Australian Computer Society Professional Standards Scheme, published in the New South Wales Government Gazette No. 109, 4 December 2015, including as modified by the extension published in the New South Wales Government Gazette No. 101, 15 September 2017

The scheme—27 February 2016

The extension—the day the Treasury Laws Amendment (Professional Standards Schemes) Regulations 2018 commence

2

The Australian Property Institute Valuers Limited Scheme, published in the New South Wales Government Gazette No. 34, 6 May 2016

Note:       This Scheme was formerly the Australian Property Institute Valuers Limited Scheme, published in the New South Wales Government Gazette No. 108, 27 August 2010.

25 May 2017

4

The College of Investigative and Remedial Consulting Engineers Australia Professional Standards Scheme, published in the New South Wales Government Gazette No. 135, 28 December 2012

5 July 2013

5

The CPA Australia Limited Professional Standards Scheme, published in the New South Wales Government Gazette No. 124, 4 October 2013, including as modified by:

(a) the amendments made by instrument published in the New South Wales Government Gazette No. 13, 31 January 2014; and

(b) the amendments made by instrument published in the New South Wales Government Gazette No. 116, 5 December 2014; and

(c) the extension published in the New South Wales Government Gazette No. 50, 17 June 2016

The scheme—15 March 2014

The amendments mentioned in paragraph (a)—15 March 2014

The amendments mentioned in paragraph (b)—19 June 2015

The extension mentioned in paragraph (c)—25 May 2017

7

Chartered Accountants Australia and New Zealand Professional Standards Scheme (NSW), including as modified by amendments published in the New South Wales Government Gazette No. 72, 28 August 2015

Note:       This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (NSW) published in the New South Wales Government Gazette No. 70, 22 August 2014.

The scheme—1 December 2014

The amendments—27 February 2016

8

The Law Society of New South Wales Scheme, published in the New South Wales Government Gazette No. 78, 27 July 2012

14 June 2014

9

The New South Wales Bar Association Scheme, published in the New South Wales Government Gazette No. 17, 5 March 2015

13 August 2015

10

The Professional Surveyors Occupational Association Scheme, published in the New South Wales Government Gazette No. 147, 1 November 2013

15 March 2014

11

The ATMA Scheme, prepared by the Association of Taxation and Management Accountants and published in the Victoria Government Gazette No. S 361, 29 October 2012

15 February 2013

13

Chartered Accountants Australia and New Zealand Professional Standards Scheme (Victoria), including as modified by amendments published in the Victoria Government Gazette No. S 246, 28 August 2015

Note:       This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (Victoria) published in the Victoria Government Gazette No. S 264, 5 August 2014.

The scheme—1 December 2014

The amendments—27 February 2016

14

The Law Institute of Victoria Limited Scheme, published in the Victoria Government Gazette No. G 16, 21 April 2016

Note:       This Scheme was formerly the Law Institute of Victoria Limited Scheme, published in the Victoria Government Gazette No. G 10, 11 March 2010.

25 May 2017

15

The Victorian Bar Professional Standards Scheme, published in the Victoria Government Gazette No. S 134, 24 April 2014

14 June 2014

16

The Bar Association of Queensland Scheme, published in the Queensland Government Gazette No. 40, 24 June 2013

15 March 2014

17

Chartered Accountants Australia and New Zealand Professional Standards Scheme (Queensland), including as modified by amendments notified by the Queensland Government on 11 December 2015

Note:       This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (Queensland) notified by the Queensland Government on, 29 August 2014.

The scheme—1 December 2014

The amendments—27 February 2016

19

The Queensland Law Society Professional Standards Scheme, approved as described in the Professional Standards (Queensland Law Society Professional Standards Scheme) Notice 2016 (Qld), 30 June 2016

Note:       This Scheme was formerly the Queensland Law Society Scheme, published in the Queensland Government Gazette No. 64, 25 June 2010.

25 May 2017

21

Chartered Accountants Australia and New Zealand Professional Standards Scheme (WA), including as modified by amendments published in the Western Australian Government Gazette No. 135, 1 September 2015

Note:       This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (WA) published in the Western Australian Government Gazette No. 122, 8 August 2014.

The scheme—1 December 2014

The amendments—27 February 2016

22

The Law Society of Western Australia Scheme, published in the Western Australian Government Gazette No. 54, 11 April 2014

14 June 2014

23

The Western Australian Bar Association Scheme, published in the Western Australian Government Gazette No. 57, 17 April 2014

14 June 2014

25

Chartered Accountants Australia and New Zealand Professional Standards Scheme (SA), including as modified by amendments published in the South Australian Government Gazette No. 59, 22 October 2015

Note:       This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (SA) published in the South Australian Government Gazette No. 63, 21 August 2014.

The scheme—1 December 2014

The amendments—27 February 2016

26

The Law Society of South Australia Professional Standards Scheme, published in the South Australian Government Gazette No. 21, 5 April 2017

Note:       This Scheme was formerly the Law Society of South Australia Professional Standards Scheme, published in the South Australian Government Gazette No. 76, 3 November 2011.

The day the Treasury Laws Amendment (Professional Standards Schemes) Regulations 2018 commence

27

The South Australian Bar Association Inc Professional Standards Scheme, published in the South Australian Government Gazette No. 35, 30 May 2017

Note:       This Scheme was formerly the South Australian Bar Association Inc Scheme, published in the South Australian Government Gazette No. 76, 3 November 2011.

The day the Treasury Laws Amendment (Professional Standards Schemes) Regulations 2018 commence

28

The Engineers Australia Tasmania Scheme, published in the Tasmanian Government Gazette No. 20 929, 1 April 2009

8 June 2010

29

The Engineers Australia (ACT) Scheme, approved on 17 December 2008

13 June 2009

30

Chartered Accountants Australia and New Zealand Professional Standards Scheme (ACT), including as modified by amendments notified by the ACT Government on 25 August 2015

Note:       This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (ACT) approved on 14 July 2014.

The scheme—1 December 2014

The amendments—27 February 2016

31

Engineers Australia Northern Territory Professional Standards Scheme, published in the Northern Territory Government Gazette No. S53, 27 October 2010 and amended as published in the Northern Territory Government Gazette No. S73, 23 December 2013

15 March 2014

32

Chartered Accountants Australia and New Zealand Professional Standards Scheme (NT), including as modified by amendments published in the Northern Territory Government Gazette No. S109, 30 November 2015

Note:       This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (NT) published in the Northern Territory Government Gazette No. S84, 17 September 2014.

The scheme—1 December 2014

The amendments—27 February 2016

33

The RICSV Limited Scheme, published in the New South Wales Government Gazette No. 109, 4 December 2015, including as modified by amendments published in the New South Wales Government Gazette No. 120, 23 December 2016

The scheme—27 February 2016

The amendments—the day the Treasury Laws Amendment (Professional Standards Schemes) Regulations 2018 commence

9  Period after which notice of resale price maintenance comes into force

                   For the purposes of paragraph 93(7A)(a) of the Act, the prescribed period is as follows:

                     (a)  for a notice given to the Commission during the 12‑month period starting at the commencement of Schedule 1 to the Competition and Consumer Amendment (Competition Policy Review) Act 2017—28 days;

                     (b)  otherwise—14 days.

11  Service of documents on the Commission

             (1)  A document to which this regulation applies may be made or given to, lodged with, or served on, the Commission by delivering it, or causing it to be delivered (whether by post or otherwise), at any office of the Commission.

             (2)  A reference in this regulation to a document to which this regulation applies shall be read as a reference to:

                     (a)  an application under the Act or these Regulations to be made to the Commission;

                     (b)  a notice under the Act or these Regulations to be given to, or lodged with, the Commission; or

                     (c)  any other document to be given to, lodged with or served on, the Commission.

12  Service of documents on persons other than the Commission

             (1)  A person who has in a document lodged with the Commission stated an address for service may, at any time, lodge with the Commission a notice in writing stating a new address for service (which may be an electronic address).

             (2)  A reference in these Regulations to an address for service shall, in relation to a person who has notified two or more addresses for service, be read as a reference to the later or latest of those addresses.

             (3)  Subject to these Regulations, a document or notice that is required or permitted by or under the Act or these Regulations to be served on, or given to, a person in connexion with any proceeding or matter before the Commission may be served on, or given to, that person:

                     (a)  where the person has, in a document or notice lodged with the Commission, stated an address for service that is not an electronic address—by delivering the document to the person personally or by delivering the document at, or by sending the document by registered post addressed to the person at, that address; or

                    (aa)  where the person has, in a document or notice lodged with the Commission, stated an address for service that is an electronic address—by sending the document to that address; or

                     (b)  in any other case:

                              (i)  where the person is a body corporate—by delivering the document personally to the manager or secretary of the body corporate or, if the body corporate has a registered office in Australia, by leaving it at that office or by sending it by registered post addressed to the body corporate at that office, or if the body corporate does not have a registered office in Australia, by sending it by registered post addressed to the body corporate at its principal place of business in Australia; or

                             (ii)  where the person is not a body corporate—by delivering the document to the person or by sending the document by registered post addressed to the person at the last known address of the person, or by sending the document to the last electronic address the person used to contact the Commission.

             (4)  Notice by the Commission under subsection 90A(2) or 93A(2) of the Act shall be sent to a person:

                     (a)  where the person has, in a document or notice lodged with the Commission, stated an address for service that is not an electronic address—by sending the notice by pre‑paid post to that person at that address; and

                    (aa)  where the person has, in a document or notice lodged with the Commission, stated an address for service that is an electronic address—by sending the notice to that address; or

                     (b)  in any other case:

                              (i)  where the person is a body corporate which has a registered office in Australia—by sending the notice by pre‑paid post to that person at that registered office;

                             (ii)  where the person is a body corporate which does not have a registered office in Australia but which has a place of business in Australia—by sending the notice by pre‑paid post to that person at its principal, or only, place of business in Australia;

                            (iii)  where the person is a body corporate which does not have a registered office or a place of business in Australia—by sending the notice by pre‑paid post to that person at the registered office of that body corporate; or

                            (iv)  where the person is not a body corporate—by sending the notice by pre‑paid post to that person at the last known address of the person, or by sending the notice to the last electronic address the person used to contact the Commission.

13  Recording of date of receipt of applications or notices

                   The Commission shall cause the date on which an application under Division 1 of Part VII of the Act or a notice under subsection 93(1) or section 93AB of the Act is received in one of its offices to be recorded on the application or notice, as the case may be.

14  Evidence in respect of receipt etc of documents

             (1)  In any proceedings under the Act, a certificate under the seal of the Commission certifying that any specified fact in relation to the lodgment or receipt or non‑lodgment or non‑receipt of a document, or of a document of a kind, described in the certificate appears from the records kept by the Commission is prima facie evidence of that fact.

             (2)  In any proceedings under the Act, a certificate under the seal of the Commission certifying that it appears from the records kept by the Commission that a document, or a document of a kind, described in the certificate has not been received at any of the offices of the Commission is prima facie evidence of that fact.

15  Seal of the Tribunal

             (1)  The seal of the Tribunal shall be of a design approved by the President and shall include:

                     (a)  the Commonwealth Arms, that is to say, the Armorial Ensigns and Supporters granted and assigned for the Commonwealth of Australia by Royal Warrant dated 19 September 1912; and

                     (b)  the words “Australian Competition Tribunal”.

             (3)  The seal of the Tribunal shall be affixed by or with the authority of the Registrar to such documents as are required by these Regulations or by a direction of a presidential member to be sealed with the seal of the Tribunal.

16  Hours of Registrar’s office

                   The office of the Registrar shall be open for business on every day, other than a Saturday, a Sunday or a day that is observed as a holiday in the Australian Public Service by virtue of section 76 of the Public Service Act 1922‑1973 in the place where the office is situated, from 10 o’clock in the morning until 1 o’clock in the afternoon and from 2 o’clock to 4 o’clock in the afternoon.

17  Title of proceedings before the Tribunal

             (1)  An application to the Tribunal under the Act and any other document filed with the Registrar, or issued out of the office of the Registrar, in relation to proceedings before the Tribunal shall be intituled in accordance with Form H.

             (2)  The Registrar may, at the request of a person proposing to institute proceedings or of his own motion after any proceedings before the Tribunal are instituted, determine the description of the matter that is to form part of the title of the proceedings and, unless the Tribunal otherwise orders, the description so determined shall form part of the title of the proceedings for the purposes of all documents in the proceedings after that determination.

18  Filing or lodging of documents with the Registrar

             (1)  The making of an application to the Tribunal under the Act and the filing of any other document with the Registrar shall be effected by lodging it at the office of the Registrar at a time when that office is open for business.

             (2)  The Registrar shall cause the date on which a document was lodged at his office to be recorded on the document.

             (3)  Subregulation (2) applies in relation to a document that is lodged with the Registrar or at his office whether or not it is, or is required to be, filed.

19  File number of proceedings

             (1)  The Registrar shall cause a file number to be allotted to each proceeding before the Tribunal.

             (2)  The one file number may be allotted to all proceedings that, in the opinion of the Registrar, are related to each other.

20  Applications for review

             (1)  An application under subsection 101(1) of the Act for a review of a determination by the Commission:

                     (a)  shall be in accordance with Form I; and

                     (b)  shall be made within a period of 21 days after the date of the determination.

             (2)  An application under section 101A or 101B of the Act for a review of the giving of a notice by the Commission must be made:

                     (a)  in accordance with Form J; and

                     (b)  within a period of 21 days after the date of the notice.

             (3)  An applicant for the purposes of subregulation (1) or (2) must cause a copy of the application to be served on:

                     (a)  the Commission; and

                     (b)  the person (if any) who is not the applicant and who was:

                              (i)  for an application referred to in subregulation (1) for a review of a determination—the person who applied for the authorisation to which the determination relates; or

                             (ii)  for an application referred to in subregulation (2) for a review of the giving of a notice—the person to whom the notice was given.

             (4)  An application under section 151CI of the Act must be in accordance with Form JAA.

             (5)  A person making an application mentioned in subregulation (4) must give a copy of the application to the Commission.

20A  Applications for review of certain access decisions

             (1)  An application to the Tribunal:

                     (a)  under subsection 44K(1) of the Act for review of a declaration of a service;

                     (b)  under subsection 44K(2) of the Act for review of a decision not to declare a service;

                     (c)  under subsection 44L(1) of the Act for review of a decision not to revoke a declaration of a service;

must be in accordance with Form JA.

             (2)  An application to the Tribunal under subsection 44O(1) of the Act for review of a decision of the Commonwealth Minister on the effectiveness of an access regime must be in accordance with Form JB.

          (2A)  An application to the Tribunal under subsection 44O(1A) of the Act for review of a decision of the Commonwealth Minister under section 44NBC of the Act must be in accordance with Form JBA.

             (3)  An application to the Tribunal under subsection 44ZX(1) of the Act for review of a decision of the Commission not to register a contract must be in accordance with Form JC.

21  Address for service in proceedings before Tribunal

             (1)  Subject to any direction of the Tribunal, a person is not entitled to take any step in, or be heard at the hearing of, proceedings before the Tribunal unless he has filed with the Registrar a notice stating an address in Australia at which documents may be served on him for the purposes of those proceedings and has served a copy of that notice on any person appearing in the proceedings.

          (1A)  In addition to providing an address in Australia, the person may provide an electronic address at which the documents may be served on the person.

             (2)  A person who has filed a notice of an address for service under this regulation may, at any time, file a notice stating a new address for service.

             (3)  Where a person files a notice stating a new address for service under subregulation (2), he shall forthwith serve a copy of the notice on any person appearing in the proceedings.

             (4)  A reference in these Regulations to an address for service shall, in relation to a person who has stated two or more addresses for service, be read as a reference to the later or latest of those addresses.

22  Directions by the Tribunal as to certain matters

             (1)  Without limiting the generality of the powers of the Tribunal under the Act or these Regulations, the Tribunal may, in any proceedings before the Tribunal, give directions:

                     (a)  for securing, by means of preliminary statements of facts and contentions, and by the production of documents, that all material facts and considerations are brought before the Tribunal by all persons participating in any proceedings before the Tribunal; and

                    (aa)  with respect to evidence in proceedings before the Tribunal, including the appointment of persons to assist the Tribunal by giving evidence (whether personally or by means of a written report); and

                     (b)  with respect to the representation in any such proceedings of persons having a common interest in the proceedings.

             (2)  The powers of the Tribunal to give directions under subregulation (1):

                     (a)  may be exercised by the Tribunal constituted by a presidential member; and

                     (b)  are subject to subsections 102(8) to (10) of the Act.

22A  Evidence of persons not attending the Tribunal

             (1)  Subject to subregulation (2), the Tribunal may permit a person, other than a person appearing as a witness before the Tribunal, to give evidence in proceedings before the Tribunal by tendering a written statement.

             (2)  The Tribunal must not give permission under subregulation (1) in respect of a statement, unless:

                     (a)  the parties to the proceedings consent to the permission being given; and

                     (b)  the statement is accompanied by a statutory declaration by the person, verifying the information contained in the statement.

             (3)  A statement tendered with the permission of the Tribunal must be filed with the Registrar.

             (4)  Subregulation (1) has effect subject to subsections 102(8) to (10) of the Act.

22B  Participation in review of certain access decisions

             (1)  In a review under section 44K of the Act of a declaration of a service, the person who applied for the declaration recommendation may participate in the review, in addition to the provider.

             (2)  In a review under section 44K of the Act of a decision not to declare a service, the provider may participate in the review, in addition to the person who applied for the declaration recommendation.

             (3)  In a review under section 44L of the Act of a decision not to revoke a declaration of a service, the person who applied for the declaration recommendation may participate in the review, in addition to the provider.

             (4)  In a review under section 44ZX of the Act of a decision not to register a contract, any other party to the contract may participate in the review, in addition to the party who applied for review.

23  Orders and determinations of Tribunal

             (1)  Each order and determination of the Tribunal and the date on which it was made shall be recorded by the Registrar in a document signed by him.

             (2)  The original of each document referred to in subregulation (1) shall be filed by the Registrar in the records of the Tribunal.

24  Confidentiality

             (1)  This regulation applies to a request to the Commission under a provision mentioned in an item in the table that a document, or a part of a document, be excluded from the register kept under the corresponding provision mentioned in the item.

 

Item

Provision of the Act for the making of a request

Corresponding provision in the Act for keeping of register

1

subsection 89(5)

subsection 89(3)

2

subsection 95(2)

subsection 95(1)

          (1A)  A request to which subregulation (1) applies shall be made:

                     (a)  where the request is that a document be excluded—by writing in red near the top of each page of the document the words “Restriction of Publication Claimed”; and

                     (b)  where the request is that part of a document be excluded—by writing in red near the top of the first page of the document the words “Restriction of Publication of Part Claimed” (and, where the document consists of more than 5 pages, a description of where in the document that part of the document is to be found) and by clearly marking in red that part of the document.

             (2)  Where a person proposes to apply, at the hearing of proceedings before the Tribunal, for a direction by the Tribunal under paragraph 106(2)(b) of the Act prohibiting or restricting, by reason of the confidential nature of any evidence or matter or for any other reason, the publication of matters contained in a document filed or lodged with the Registrar, received in evidence by the Tribunal or placed in the records of the Tribunal, the person may mark in red:

                     (a)  near the top of the first page of the document, the words “Restriction of Publication Claimed” (and, where the document consists of more than 5 pages, a description of where in the document those matters are contained); and

                     (b)  those matters.

             (4)  For the purposes of subsection 165(3) of the Act, a person may claim that a document furnished to the Tribunal contains matter of a confidential nature by writing in red near the top of each page of the document the words “Restriction of Publication Claimed”.

             (5)  Where the Commission has given a direction under subsection 89(5) or 95(2) of the Act as in force immediately before 1 July 1977 in respect of a document and that document is subsequently filed or lodged with the Registrar, received in evidence by the Tribunal, placed in the records of the Tribunal or otherwise furnished to the Tribunal, that direction shall be deemed to be:

                     (a)  a request by the person on whose application the Commission’s direction was given for a direction by the Tribunal under paragraph 106(2)(b) of the Act prohibiting or restricting the publication of matters contained in the document; and

                     (b)  a claim by the person on whose application the Commission’s direction was given for a direction by the Tribunal under subsection 165(3) of the Act that the document contains matter of a confidential nature.

25  Summons to witness

             (2)  A summons under subsection 105(2) of the Act shall be in accordance with Form K.

             (3)  A summons under subsection 105(2) of the Act shall be served on a person by:

                     (a)  delivering a copy of the summons to the person personally; and

                     (b)  showing the original of the summons to the person at the time at which the copy is delivered to him.

26  Continuance of proceedings and matters notwithstanding non‑compliance with Regulations or direction

             (1)  Subject to subsection 172(3) of the Act and to these Regulations, the failure by a person in or in relation to a proceeding or matter before the Commission to comply with a provision of these Regulations does not, unless the Commission otherwise directs, prevent the proceeding or matter being dealt with as if the person had complied with the provision.

          (1A)  Subject to subsection 172(3) of the Act and to these Regulations, the failure by a person in or in relation to a proceeding or matter before the Tribunal to comply with a provision of these Regulations or with a direction of the Tribunal under these Regulations does not, unless the Tribunal otherwise directs, prevent the proceeding or matter being dealt with as if the person has complied with the provision or direction.

             (2)  Subregulation (1) does not apply in relation to:

                     (a)  the requirement in regulation 20 that an application under subsection 101(1), or under section 101A or 101B, of the Act for a review of a determination be made within a period of 21 days after the date of the determination; and

                     (b)  a requirement that an applicant or person giving a notice must state an address in Australia at which documents under the Act or these Regulations may be served, in any form:

                              (i)  approved by the Commission; or

                             (ii)  prescribed by these Regulations;

                            for the purposes of the Act or these Regulations.

27  Inspection of, and furnishing of copies of, documents

             (1)  Subject to this regulation, an application by a person to inspect a document referred to in paragraph 165(1)(a) or 165(2)(a) of the Act shall be made personally:

                     (a)  in the case of a document referred to in paragraph 165(1)(a) of the Act—at the office of the Commission where the relevant register is kept; and

                     (b)  in the case of a document referred to in paragraph 165(2)(a) of the Act—at the office of the Registrar.

             (2)  Subject to subregulation (3), an application by a person to obtain a copy referred to in paragraph 165(1)(b) or 165(2)(b) of the Act shall be made:

                     (a)  in the case of a copy referred to in paragraph 165(1)(b) of the Act—personally at any office of the Commission or by post addressed to the Commission at any of its offices; or

                     (b)  in the case of a copy referred to in paragraph 165(2)(b) of the Act—personally at the office of the Registrar or by post addressed to the Registrar.

             (3)  An application under subsection 165(2) of the Act in relation to a document on which the words “Restriction of Publication Claimed” have been written in accordance with regulation 24 shall be made to the Tribunal constituted by a presidential member.

28  Fees

             (1)  For the purposes of:

                     (a)  subsections 157(1), 157AA(1) and 165(1) and (2) of the Act; and

                     (b)  regulation 6H;

the prescribed fee for obtaining a copy of a document is $1.00 for each page of the copy.

             (2)  For the purposes of:

                     (a)  subsections 157AA(1) and 165(1) and (2) of the Act; and

                     (b)  regulation 6H;

the prescribed fee for obtaining a certified copy of a document is the fee calculated in accordance with subregulation (1) plus $10.

          (2A)  For subsections 151AR(4), 151BH(5), 151BR(4), 152AQ(4), 152BR(3), 152CC(3) and 152CJ(3) of the Act, the following fees for making a copy of a Register are specified:

                     (a)  if the copy is certified—$10 plus $1 for each page of the copy; or

                     (b)  in any other case—$1 for each page of the copy.

          (2B)  For paragraph 151AT(c) of the Act, the fee for an application for an exemption order is $7,500.

          (2C)  For subsection 151BQ(3) of the Act, the fee for a copy of tariff information is:

                     (a)  if the copy is certified—$10 plus $1 for each page of the copy; or

                     (b)  in any other case—$1 for each page of the copy.

             (3)  In spite of subregulations (1), (2) and (2A), a person appearing in a proceeding or matter before the Commission or Tribunal is entitled, without payment of a fee, to receive one certified copy of a document relating to the proceeding or matter.

             (4)  No fee is payable to the Commission or Tribunal for an application or notice specified in Schedule 1A.

             (5)  If Schedule 1A does not apply to a matter specified in column 2 of an item in Schedule 1B, the fee payable to the Commission for the matter is:

                     (a)  the fee specified in column 3 of the item; or

                     (b)  if a concessional fee is payable for the matter under subregulation (6), the concessional fee specified in column 4 of the item.

Note:          Some other regulations impose fees for particular things.

             (6)  Subject to subregulation (6A), a concessional fee is payable to the Commission for an additional application or an additional notice if:

                     (a)  there are reasonable grounds for the Commission to believe that the first application or the first notice and the additional application or additional notice relate to conduct in the same market (or closely related markets); and

                     (b)  each additional application or additional notice is:

                              (i)  lodged with the Commission within 14 days of the date of lodgment of the first application or the first notice; and

                             (ii)  endorsed by the Commission with reference to the first application or the first notice.

          (6A)  A concessional fee is payable to the Commission for an additional notice mentioned in paragraph (c) of the definition of additional notice in subregulation (7), if:

                     (a)  the Commission reasonably believes that the first notice and the additional notice relate to conduct in the same market (or closely related markets); and

                     (b)  the additional notice is lodged with the Commission within 14 days after the day the first notice was lodged with the Commission; and

                     (c)  the additional notice is endorsed by the Commission with reference to the first notice.

             (7)  In this regulation:

additional application means an application, made by any person after a first application, that relates to the subject of the first application.

additional notice means:

                     (a)  a notice given, after a person’s first notice under subsection 93(1) of the Act, about conduct of a kind mentioned in:

                             (ii)  subsection 47(2), (3), (4) or (5) of the Act; or

                            (iii)  paragraph 47(8)(a) or (b) of the Act; or

                            (iv)  paragraph 47(9)(a), (b) or (c) of the Act; or

                             (v)  section 48 of the Act; or

                     (b)  if a person is not an individual or a proprietary company, a notice given, after the person’s first notice under subsection 93(1) of the Act, about conduct of a kind mentioned in:

                             (ii)  subsection 47(6) or (7) of the Act; or

                            (iii)  paragraph 47(8)(c) of the Act; or

                            (iv)  paragraph 47(9)(d) of the Act; or

                             (v)  section 48 of the Act; or

                     (c)  a notice given under subsection 93AB(1A) or (1) after a corporation’s first notice under that subsection.

first application means the first application made by a person under section 88 of the Act in relation to a matter.

28A  Services and activities for which the Commission may charge

             (1)  For the purposes of paragraph 171A(1)(b) of the Act, the following activities are prescribed:

                     (a)  conducting workshops and seminars;

                     (b)  conducting training.

             (2)  For the purposes of subsection 171A(3) of the Act, the following acts done by the Commission are prescribed:

                     (a)  providing a speaker or information for:

                              (i)  a workshop, seminar, training session or other activity not arranged by or on behalf of the Commission; or

                             (ii)  use in training materials, including videotapes, not produced by or on behalf of the Commission;

                     (b)  providing information relating to trade practices for use in material published by a person other than the Commission;

                     (c)  developing industry codes of conduct to encourage compliance with the Act.

28AA  Protection of persons appearing on another person’s behalf

             (1)  A barrister, solicitor or other person appearing on behalf of another person at an inquiry held in accordance with Part VIIA of the Act has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

             (2)  A barrister, solicitor or other person engaged by the Commission to appear at an inquiry held in accordance with Part VIIA of the Act:

                     (a)  has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court; and

                     (b)  may inspect a document:

                              (i)  given to the Commission for the purposes of the exercise of its powers or the performance of its functions under that Part; or

                             (ii)  produced at an inquiry held in accordance with that Part; and

                     (c)  may make copies of, or take extracts from, that document.

Part 2AReview by Tribunal of access determinations

  

28B  Definitions for Part 2A

                   In this Part:

determination means a determination made by the Commission under section 44V of the Act.

review means a review by the Tribunal of a determination, under section 44ZP of the Act.

28C  Applications for review

             (1)  An application for a review of a determination under section 44ZP of the Act must be in accordance with Form L.

             (2)  The applicant must cause a copy of the application to be served on each other party to the determination.

28D  Notice about participation in a review

             (1)  Within 7 days after the service on a party of a copy of an application for review, that party may file with the Registrar a notice stating:

                     (a)  whether the party wishes to participate in the review; and

                     (b)  if so, particulars of the facts and contentions on which the party intends to rely and the issues as that party sees them.

             (2)  Subject to any direction of the Tribunal, a party is not entitled to take any step in, or be heard at the hearing of, the review unless the party has complied with subregulation (1).

28E  Participants in a review

             (1)  Subject to regulation 28D, all the parties to a determination are entitled to participate in a review of the determination.

             (2)  The Tribunal may, upon such conditions it thinks fit, permit a person to intervene in a review.

             (3)  The parties to a review are:

                     (a)  any party to the determination who participates in the review; and

                     (b)  any person permitted to intervene in the review.

28F  Constitution of the Tribunal for conduct of a review

                   For the purposes of a particular review, the Tribunal is to be constituted by a Division of the Tribunal consisting of 2 or more members of the Tribunal nominated by the President.

28G  Member of Tribunal presiding

             (1)  Subject to subregulation (2), the President must nominate a member of a Division of the Tribunal constituted under regulation 28F to preside at a review.

             (2)  If a presidential member of the Tribunal is a member of the Division, that presidential member is to preside at the review.

28H  Reconstitution of Tribunal

             (1)  This regulation applies if a member of the Tribunal who is one of the members who constitute a Division of the Tribunal for the purposes of a particular review:

                     (a)  ceases to be a member of the Tribunal; or

                     (b)  for any reason, is not available for the purpose of the review.

             (2)  The President must either:

                     (a)  direct that the Tribunal is to be constituted for the purposes of finishing the review by the remaining member or members; or

                     (b)  direct that the Tribunal is to be constituted for that purpose by the remaining member or members together with one or more other members of the Tribunal.

             (3)  If a direction under subregulation (2) is given, the Tribunal as constituted in accordance with the direction must continue and finish the review and, for that purpose, may have regard to any record of the proceedings of the review made by the Tribunal as previously constituted.

28I  Determination of question

                   If the Tribunal is constituted for a review by 2 or more members of the Tribunal, any question before the Tribunal is to be decided:

                     (a)  unless paragraph (b) applies—according to the opinion of the majority of those members; or

                     (b)  if the members are evenly divided on the question—according to the opinion of the member who is presiding.

28J  Disclosure of interests by members of Tribunal

             (1)  If a member of the Tribunal is, or is to be, one of the members who constitute the Tribunal for the purposes of a particular review and the member has, or acquires, any pecuniary interest that could conflict with the proper performance of his or her functions in relation to the review:

                     (a)  the member must disclose the interest to the President; and

                     (b)  the member must not take part, or continue to take part, in the review if:

                              (i)  the President gives a direction under paragraph (2)(a) in relation to the review; or

                             (ii)  any party to the review objects to the member taking part in the review.

             (2)  If the President becomes aware that a member of the Tribunal is, or is to be, one of the members who constitute the Tribunal for the purposes of a particular review and that the member has, in relation to the review, an interest of a kind referred to in subregulation (1):

                     (a)  if the President considers that the member should not take part, or should not continue to take part, in the review—the President must give a direction to the member accordingly; or

                     (b)  in any other case—the President must cause the interest of the member to be disclosed to the parties to the review.

28K  Hearing to be in private

             (1)  Subject to subregulation (2), a review hearing is to be in private.

             (2)  If the parties to the review agree, a review hearing or part of a review hearing may be conducted in public.

             (3)  The member of the Tribunal who is presiding at a review hearing that is conducted in private may give written directions as to the persons who may be present.

             (4)  In giving directions under subregulation (3), the member presiding must have regard to the wishes of the parties and the need for commercial confidentiality.

28L  Representation at a review hearing

                   At a review hearing:

                     (a)  an individual may appear in person; and

                     (b)  any person may be represented by:

                              (i)  a barrister or solicitor of the Supreme Court of a State or Territory or of the High Court; or

                             (ii)  another person (being an individual) approved by the Tribunal.

28M  Procedure of Tribunal

             (1)  In a review hearing of the determination in an access dispute, the Tribunal:

                     (a)  is not bound by technicalities, legal forms or rules of evidence; and

                     (b)  must act as speedily as a proper consideration of the dispute allows, having regard to the need to inquire into and investigate, carefully and quickly, the dispute and all matters affecting the merits, and fair settlement, of the dispute; and

                     (c)  may inform itself of any matter relevant to the dispute in any way that it thinks appropriate.

             (2)  The Tribunal may determine the periods that are reasonably necessary for the fair and adequate presentation of the respective cases of parties to a review, and may require that the cases be presented within those periods.

             (3)  The Tribunal may require evidence or argument to be presented in writing, and may decide the matters on which it will hear oral evidence or argument.

             (4)  The Tribunal may determine that a review hearing is to be conducted by:

                     (a)  telephone; or

                     (b)  closed circuit television; or

                     (c)  any other means of communication.

28N  Summons to witness—review hearing

             (1)  A summons for the purposes of a review hearing must be in accordance with Form K.

             (2)  A summons must be served on a person by:

                     (a)  delivering a copy of the summons to the person personally; and

                     (b)  showing the original of the summons to the person at the time at which the copy is delivered to the person.

28P  Taking of evidence by a single member

             (1)  The Tribunal as constituted for the purposes of a particular review may authorise the member presiding at the review to take evidence for the purposes of the review on its behalf, with such limitations (if any) as the Tribunal so constituted directs.

             (2)  If an authority is given to a member:

                     (a)  that member may take evidence accordingly; and

                     (b)  in relation to the taking of evidence in accordance with the authority, that member is taken, for the purposes of the Act and these Regulations, to constitute the Tribunal.

28Q  Application of regulations

             (1)  Subject to subregulation (2), a provision of these Regulations that applies to a proceeding before the Tribunal applies to a review.

             (2)  Regulations 22 and 22A do not apply to a review.

Part 2BTelecommunications access regime

Division 1Definitions for Part 2B

28R  Definitions

                   In this Part:

                     (b)  the following words and expressions have the meanings given in Part XIC of the Act:

                              (i)  access;

                             (ii)  access provider;

                            (iii)  access seeker;

                            (iv)  active declared service;

                             (v)  carrier;

                            (vi)  declared service;

                           (vii)  determination;

                          (viii)  facility;

                            (ix)  party;

                             (x)  price‑related terms and conditions;

                            (xi)  service provider.

Note 1:       For each of the following words and expressions, see the related provision of the Act:

access—section 152AF

access provider—subsection 152AR(2)

access seeker—section 152AG

active declared service—subsection 152AR(2)

declared service—subsection 152AL(2)

price‑related terms and conditions—subsection 152CH(3).

Note 2:       Section 152AC of the Act provides that each of the following words, and the following expression, has the same meaning as in the Telecommunications Act 1997:

carrier

facility

service provider.

Division 2Access generally

28S  Billing information

             (1)  This regulation is made for subsection 152AR(7) of the Act.

             (2)  This regulation applies to billing information that is not available to the service provider from the signals used to deliver calls, or other processes agreed between the access and service providers.

             (3)  Billing information must be given:

                     (a)  at times agreed by the access and service providers; and

                     (b)  in a manner and form agreed by the access and service providers, including whether the information is to be given in electronic or paper form.

             (4)  For supply of an active declared service used for making a call using a relevant carriage service, billing information must, unless the access and service providers agree otherwise, include the following particulars:

                     (a)  if the access provider knows the unique customer account number of the customer who originated the call—the number;

                     (b)  if:

                              (i)  the public number from which the call was made is not the same as the public number used for billing purposes; and

                             (ii)  the access provider knows the public number used for billing purposes;

                            the public number used for billing purposes;

                     (c)  the public number to which the call was made;

                     (d)  the time the call started;

                     (e)  the duration of the call;

                      (f)  if the service provider asks about a call to which subregulation (5) applies and the access provider knows the information—the name and billing address of the customer;

                     (g)  if the service provider asks for other information reasonably required by the service provider to bill the customer—the information;

                     (h)  for a call made using an active declared service mentioned in paragraph (b) of the definition of relevant carriage service in subregulation (7)—the geographic region where the call originated or terminated.

             (5)  For paragraph (4)(f), this subregulation applies to a call if:

                     (a)  the service provider chosen for the call is not the service provider that the customer pre‑selected in accordance with arrangements under a determination that is in force under section 349 of the Telecommunications Act 1997; and

                     (b)  the customer became a customer of the service provider because the customer selected the service provider by dialling a particular over‑ride dial code.

             (6)  For supply of an active declared service other than for making a call using a relevant carriage service, billing information must include a level of itemisation agreed by the access and service providers.

             (7)  In this regulation:

billing address means the address to which bills are normally sent by the service provider pre‑selected by the customer.

public mobile telecommunications service has the same meaning as in the Telecommunications Act 1997.

public number means a number specified in the numbering plan made under section 455 of the Telecommunications Act 1997.

relevant carriage service means:

                     (a)  a standard telephone service; or

                     (b)  a public mobile telecommunications service for which the price‑related terms and conditions of supply are determined wholly or partly by where a call originates or terminates.

standard telephone service has the same meaning as in the Telecommunications Act 1997.

Division 4Documents

28Y  Definition

                   In this Division:

Part XIB or XIC register means:

                     (a)  the Register of competition notices kept under section 151AR of the Act; or

                     (b)  the Register of exemption orders kept under section 151BH of the Act; or

                     (c)  the register of tariff filing directions kept under section 151BR of the Act; or

                     (d)  the Register of declared services kept under section 152AQ of the Act; or

                     (e)  the Register of Access Determinations kept under section 152BCW of the Act; or

                      (f)  the Register of Binding Rules of Conduct kept under section 152BDN of the Act; or

                     (g)  the Register of NBN Access Agreement Statements kept under section 152BEBD of the Act; or

                     (h)  the Register of Layer 2 Bitstream Access Agreement Statements kept under section 152BEBG of the Act; or

                      (i)  the Register of access undertakings kept under section 152CC of the Act; or

                      (j)  the Register of Ministerial pricing determinations kept under section 152CJ of the Act.

28Z  Copies of documents in Part XIB or Part XIC register

             (1)  A person may request a copy of a document in a Part XIB or XIC register that is certified by a person, who is authorised by the Commission to certify copies of documents of that kind, to be a true copy of the document.

             (2)  A request must be made:

                     (a)  in person at the office of the Commission where the register is kept; or

                     (b)  in writing to the Commission at that office.

Note:          See subregulation 28(2A) for fees.

Part 3International liner cargo shipping

  

29  Interpretation

             (1)  In this Part, unless the contrary intention appears:

Registrar means the Registrar of Liner Shipping.

trade area, in relation to a conference agreement, means the geographical area to which the agreement relates.

             (2)  An expression used in this Part has the same meaning as in Part X of the Act.

30  Office of the Registrar

                   The Registrar must notify in the Gazette any change in the address of the office of the Registrar.

31  Fees

                   The fee specified in column 2 of an item in Schedule 2 is prescribed in respect of the matter specified in column 1 of that item.

32  Register of conference agreements: prescribed particulars

                   The following particulars are prescribed in relation to an entry in the register of conference agreements, as well as any particulars required by the Act to be entered in the register:

                     (a)  the name of the agreement;

                     (b)  the parties to the agreement;

                     (c)  the trade area covered by the agreement;

                     (d)  the identification number of the conference agreement file kept by the Registrar under section 10.12 of the Act;

                     (e)  the date of the agreement;

                      (f)  whether the agreement is for a fixed period and, if so, the period;

                     (g)  details of any provisions for renewal or termination of the agreement;

                     (h)  the date on which the agreement was provisionally registered;

                      (i)  the date on which the agreement was finally registered;

                      (j)  a summary of the agreement;

                     (k)  the names of the designated shipper bodies with which the parties to the agreement are required to negotiate under section 10.29 and 10.41 of the Act;

                      (l)  where the parties to the agreement have notified the Registrar under subsection 10.29(2), that fact;

                    (m)  whether agreement has been reached in the negotiations under section 10.29 of the Act;

                     (n)  whether the Registrar has directed that any part of the agreement is not to be open to public inspection and, if so, which part;

                     (o)  whether another conference agreement that varies the agreement has been made or arrived at and, if so, the name of that other agreement;

                     (p)  the date of any notifications given to the Registrar under subsection 10.40 and 10.43 of the Act in connection with the operation of the agreement;

                     (q)  whether the agreement is an outwards conference agreement or an inwards conference agreement.

33  Register of designated shipper bodies: prescribed particulars

                   The following particulars are prescribed in relation to an entry in the register of designated shipper bodies, as well as any particulars required by the Act to be entered in the Register:

                     (a)  the name and kind of the designated shipper body;

                     (b)  the date on which the shipper body was designated by the Minister under section 10.03 of the Act;

                     (c)  in the case of a designated secondary shipper body:

                              (i)  the date on which the Registrar nominated the shipper body;

                             (ii)  the name of the conference agreement to which the nomination relates;

                            (iii)  the provision of the Act under which the nomination was made;

                     (d)  the address of each member of the shipper body;

                     (e)  the telephone and fax numbers, postal address and e‑mail address (if any), of the shipper body;

                      (f)  the name of a contact person for the shipper body.

34  Register of non‑conference ocean carriers with substantial market power: prescribed particulars

                   The following particulars are prescribed in relation to an entry in the register of non‑conference ocean carriers with substantial market power, as well as any particulars required by the Act to be entered in the register:

                     (a)  the name of the ocean carrier;

                     (b)  the date on which the ocean carrier was registered under section 10.51 of the Act as a non‑conference ocean carrier with substantial market power;

                     (c)  whether the market power of the ocean carrier was determined by the Commission under section 10.50 or by the Minister by agreement with the ocean carrier;

                     (d)  if the market power of the ocean carrier was determined by the Commission, the date and title of the Commission’s report;

                     (e)  the name of each designated shipper body with which the ocean carrier is to negotiate under subsection 10.52(1);

                      (f)  the trade route on which the ocean carrier has been determined to have substantial market power.

35  Register of obligations concerning unfair pricing practices: prescribed particulars

                   The following particulars are prescribed in relation to an entry in the register of obligations concerning unfair pricing practices, as well as any particulars required by the act to be entered in the register:

                     (a)  the name of the ocean carrier to whom the obligation relates;

                     (b)  whether the obligation was incurred as the result of an order under subsection 10.61(1) of the Act or an undertaking under subsection 10.64(1) of the Act;

                     (c)  the trade route to which the obligation relates;

                     (d)  the date on which the order or undertaking took effect;

                     (e)  a summary of the order or undertaking;

                      (f)  if the obligation was incurred as the result of an order under subsection 10.61(1) of the Act, the title and date of the report of the Commission under section 10.63 of the Act.

36  Register of ocean carrier agents: prescribed particulars

                   The following particulars are prescribed in relation to an entry in the register of ocean carrier agents, as well as any particulars required by the Act to be entered in the register:

                     (a)  the telephone and fax numbers, and e‑mail address (if any), of the agent;

                     (b)  the date of the agent’s appointment.

37  Loyalty agreements: notifications relating to exemptions: prescribed particulars

             (1)  A notification under section 10.21 of the Act must include:

                     (a)  the name and address of the shipper giving the notification;

                     (b)  the name and address of each other party to the loyalty agreement;

                     (c)  where a copy of the loyalty agreement is not included with the notification—a summary of the agreement;

                     (d)  the date from which the agreement took effect;

                     (e)  the date on which the agreement would, but for the notice, come to an end;

                      (f)  the date, being a date not earlier than 30 days after the date of the notice, from which the shipper no longer wishes the exemptions referred to in section 10.20 of the Act to apply;

                     (g)  in the case of a notification to an ocean carrier—a copy of the notification to the Commission under section 10.21 of the Act;

                     (h)  in the case of a notification to the Commission—a copy of the notification to the ocean carrier.

38  Application for provisional registration of conference agreement

             (1)  An application under section 10.25 of the Act for the provisional registration of a conference agreement must:

                     (a)  be in accordance with Form 1 in Schedule 3; and

                     (b)  be accompanied by a copy of the agreement; and

                     (c)  be accompanied by the prescribed fee.

             (2)  Where the agreement is partly or wholly oral, the application shall be accompanied by a written memorandum setting out all the provisions of the agreement that are oral.

             (3)  The following particulars are specified for the purposes of Form 1:

                     (a)  the names of the parties to the agreement;

                     (b)  a summary of the agreement, not longer than 100 words;

                     (c)  the date of the agreement;

                     (d)  the period of the agreement;

                     (e)  the trade area covered by the agreement;

                      (f)  if the agreement includes a provision of the kind described in paragraph 10.08(1)(a) or (b) of the Act that does not deal only with the matters specified in paragraph 10.08(1)(c) of the Act—the reasons why the provision is necessary for the effective operation of the agreement and is of overall benefit:

                              (i)  for an outwards conference agreement, to Australian exporters; or

                             (ii)  for an inwards conference agreement, to Australian importers;

                     (g)  whether there have been:

                              (i)  any variations to the agreement that have not been registered or are not being registered; or

                             (ii)  any happening of affecting events (as described in section 10.40 of the Act) that have not been notified to the Registrar;

                            and, if so, details of the variations or happenings;

                     (h)  for an outwards conference agreement—a statement that the agreement provides for the application of Australian law, as specified in subsection 10.06(1) or, where that is not the case, a copy of the Minister’s agreement referred to in that subsection.

38A  Special circumstances for inwards conference agreement

                   For paragraph 10.28(1)(ba) of the Act, there are taken to be special circumstances if the inwards conference agreement has provisions that make the agreement substantially incompatible with the principal objects of Part X of the Act.

39  Notice about negotiations

             (1)  For subsection 10.29(1B) of the Act, a notice must be in writing and include:

                     (a)  the title of the conference agreement; and

                     (b)  the date on which the shipper bodies notified, or propose to notify, the parties to the agreement that they wish to negotiate.

             (2)  For subsection 10.29(2) of the Act, a notice must be in writing and include:

                     (a)  the title of the conference agreement; and

                     (b)  the date on which the shipper bodies notified, or propose to notify, the parties to the agreement that they do not wish to negotiate; and

                     (c)  the reasons why the shipper bodies do not wish to negotiate.

40  Application for final registration of a conference agreement

             (1)  An application under section 10.30 of the Act for the final registration of a conference agreement must:

                     (a)  be in accordance with Form 2 in Schedule 3; and

                     (b)  be accompanied by a copy of the agreement; and

                     (c)  be accompanied by the prescribed fee.

             (2)  Where the agreement is partly or wholly oral, the application shall be accompanied by a written memorandum setting out all the provisions of the agreement that are oral.

             (3)  The following particulars are specified for the purposes of Form 2:

                     (a)  the names of the parties to the agreement;

                     (b)  a summary of the agreement, not longer than 100 words;

                     (c)  the date of the agreement;

                     (d)  the period of the agreement;

                     (e)  the trade area covered by the agreement;

                      (f)  the names of the designated shipper bodies with which the parties to the agreement are required to negotiate under section 10.29 of the Act;

                     (g)  whether agreement was reached as a result of the negotiations under section 10.29 of the Act and details of minimum service levels to be provided under the agreement;

                     (h)  if the agreement includes a provision of the kind described in paragraph 10.08(1)(a) or (b) of the Act that does not deal only with the matters specified in paragraph 10.08(1)(c) of the Act—the reasons why the provision is necessary for the effective operation of the agreement and is of overall benefit:

                              (i)  for an outwards conference agreement, to Australian exporters; or

                             (ii)  for an inwards conference agreement, to Australian importers;

                      (i)  whether there have been:

                              (i)  any variations to the agreement that have not been registered or are not being registered; or

                             (ii)  any happening of affecting events (as described in section 10.40 of the Act) that have not been notified to the Registrar;

                            and, if so, details of the variations or happenings;

                      (j)  for an outwards conference agreement—a statement that the agreement provides for the application of Australian law, as specified in subsection 10.06(1) of the Act or, where this not the case, a copy of the Minister’s agreement referred to in that subsection.

41  Form of abstract

                   For the purposes of subsection 10.35(2) of the Act, an abstract must be in accordance with Form 3 in Schedule 3.

42  Notice of the happening of an affecting event

             (1)  A notice under section 10.40 or 10.43 of the Act of the happening of an affecting event must:

                     (a)  be in accordance with Form 4 in Schedule 3; and

                     (b)  in the case of a notice under section 10.40 of the Act—be given to the Registrar as soon as practicable after a party to the conference becomes aware of the event; and

                     (c)  in the case of a notice under section 10.43 of the Act—be given to the Registrar within 30 days after a party to the conference agreement becomes aware of the event.

             (2)  The following particulars are specified for the purposes of Form 4:

                     (a)  the date of the happening of the event;

                     (b)  whether subparagraph 10.40(1)(b)(i) or (ii) applies to the event;

                     (c)  details of the happening of the event;

                     (d)  the effect of the event on the operation of the agreement;

                     (e)  for an outwards conference agreement—the effect of the event on the provision of outwards liner cargo shipping services;

                      (f)  for an inwards conference agreement—the effect of the event on the provision of inwards liner cargo shipping services.

43  Undertakings

             (1)  An offer to give an undertaking under section 10.49, 10.59 or 10.64 of the Act must be in accordance with Form 5 in Schedule 3.

             (2)  The following particulars are specified for the purposes of Form 5:

                     (a)  a brief description of the terms of the undertaking;

                     (b)  the trade area or trade route to which the undertaking will relate;

                     (c)  the date from which it is proposed the undertaking will operate;

                     (d)  the names of the parties to whom the undertaking will apply;

                     (e)  in the case of an offer under section 10.49:

                              (i)  the name of the registered conference agreement;

                             (ii)  the date of final registration of the agreement;

                      (f)  in the case of an offer under section 10.49 or 10.59 of the Act:

                              (i)  the date and title of the Commission’s report under section 10.46, 10.47, 10.48, 10.56, 10.57 or 10.58 of the Act that led to the offer to give the undertaking; or

                             (ii)  the date of the reference to the Commission under section 10.46, 10.47 or 10.56 of the Act or the application to the Commission under section 10.48 or 10.58 of the Act;

                     (g)  in the case of an offer under section 10.64 of the Act:

                              (i)  the date of the reference to the Commission, and the report, under section 10.63 of the Act; and

                             (ii)  a statement that if the offer is accepted the ocean carrier will, if asked by the Registrar, give such information as is necessary to show that the ocean carrier is complying with the terms of the offer.

44  Application by ocean carrier for registration of agent

             (1)  An application under section 10.70 of the Act for the registration of an agent must be in accordance with Form 6 in Schedule 3 and be accompanied by:

                     (a)  a copy of the instrument appointing the agent; and

                     (b)  the prescribed fee.

             (2)  The following particulars are specified for the purposes of Form 6:

                     (a)  the name of the ocean carrier;

                     (b)  the address of the head office of the ocean carrier;

                     (c)  the date from which the appointment is to take effect;

                     (d)  the name of the proposed agent;

                     (e)  the residential address of the proposed agent;

                      (f)  a business address of the proposed agent that may be used as an address for service of the ocean carrier.

45  Notice of change of agent etc

             (1)  A notice under subsection 10.72(1) of the Act must be in accordance with Form 7 of Schedule 3 and be accompanied by a copy of the instrument appointing the agent.

             (2)  The following particulars are prescribed for the purposes of Form 7:

                     (a)  the address of the head office of the ocean carrier;

                     (b)  in the case of notice of the revocation of appointment of an agent:

                              (i)  the date from which the revocation is to take effect;

                             (ii)  the address of the agent;

                     (c)  in the case of the appointment of a new agent:

                              (i)  the date from which the appointment is to take effect;

                             (ii)  the name of the new agent;

                            (iii)  the residential address of the new agent;

                            (iv)  a business address of the new agent that may be used as an address for service of the ocean carrier;

                     (d)  in the case of a notice under paragraph 10.72(1)(c) requesting a variation of particulars relating to the ocean carrier—details of the particulars to be varied.

46  Manner of making applications and giving notices

                   An application may be made, or a notice given, to the Registrar:

                     (a)  by leaving the application or notice with a person in attendance at the Registrar’s office; or

                     (b)  by sending the application or notice to the Registrar by registered post or to an electronic address.

47  Verification of documents

             (1)  An application required to be made, or a notice to be given, to the Registrar, other than an application under section 10.70 of the Act or a notice under subregulation 45(1), must be verified by statutory declaration.

             (2)  The statutory declaration must be made by:

                     (a)  the person furnishing the particulars in the application or notice; or

                     (b)  a person authorised in writing by that person.

             (3)  In the case of a varying conference agreement lodged for registration in consolidated form, the person lodging it must declare that the parties to the agreement have agreed to the terms of the varying conference agreement in consolidated form.

Part 5Authorisations, notifications and clearances in respect of restrictive trade practices—prescribed matters

  

71A  Collective bargaining contracts—motor vehicle fuel for retail sale

             (1)  For subsection 93AB(4) of the Act, the amount of $15 000 000 is prescribed for a collective bargain for the purchase of motor vehicle fuel for the purpose of sale to the public.

             (2)  Subregulation (1) does not apply to the purchase or sale of other products by convenience stores, repair shops or other business activities that are associated with, or form part of the business of, a motor vehicle fuel retailer.

71B  Collective bargaining contracts—motor vehicles for retail sale

                   For subsection 93AB(4) of the Act, the amount of $20 000 000 is prescribed for a collective bargain for the purchase of new motor vehicles for the purpose of sale to the public.

71C  Collective bargaining contracts—farm machinery for retail sale

                   For subsection 93AB(4) of the Act, the amount of $10 000 000 is prescribed for a collective bargain for the purchase of farm machinery for the purpose of sale to the public.

71D  Collective bargaining contracts—primary production

             (1)  For subsection 93AB(4) of the Act, the amount of $5 000 000 is prescribed for a collective bargain of primary producers for:

                     (a)  the sale of primary products; or

                     (b)  the purchase of inputs used for the production of primary products.

             (2)  In this regulation, primary product means:

                     (a)  crops, whether on or attached to the land or not; or

                     (b)  animals (whether dead or alive); or

                     (c)  the bodily produce (including natural increase) of animals; or

                     (d)  fruit, vegetables, herbs, edible fungi or nuts.

75  Waiver of fee for application relating to non‑merger authorisation

                   For subsection 172(2A) of the Act, the circumstance is that the Commission is satisfied that imposition of the entire fee would impose an unduly onerous burden on an applicant.

76  Search and Seizure—identity card for inspectors

                   For paragraph 154C(2)(a) of the Act, an identity card must contain the following information:

                     (a)  a recent photograph of the inspector to whom the card was issued;

                     (b)  the name of the inspector;

                     (c)  the date of issue of the card;

                     (d)  the Commission corporate logo and the Australian coat of arms;

                     (e)  the following text:

 

“The person whose name and photograph appear on this card is an inspector of the Commission who:

(a) has been appointed by the Chairperson of the Commission as an Inspector pursuant to section 154B of the Competition and Consumer Act 2010; and

(b) has been issued with this identity card by the Chairperson of the Commission pursuant to section 154C of the Competition and Consumer Act 2010.”

Part 6Australian Consumer Law

  

77  Prescribed requirements for definition of assert a right to payment

                   For paragraph 10(1)(e) of the Australian Consumer Law, the following requirements are prescribed:

                     (a)  the statement must include the text ‘This is not a bill. You are not required to pay any money.’;

                     (b)  the text must be the most prominent text in the document.

78  Prescribed requirements for warning statements

                   For paragraphs 40(3)(b) and 43(2)(b) of the Australian Consumer Law, the following requirements are prescribed:

                     (a)  the warning statement must include the text ‘This is not a bill. You are not required to pay any money.’;

                     (b)  the text must be the most prominent text in the document.

79  Specification of body

                   For paragraph 43(3)(a) of the Australian Consumer Law, the Audit Bureau of Circulations is specified.

80  Specification of person

                   For paragraph 43(3)(d) of the Australian Consumer Law, a person mentioned in paragraph (a), (b), (c) or (d) is specified if the person has not been found guilty of an offence under section 162 of the Australian Consumer Law:

                     (a)  a large proprietary company; or

                     (b)  a subsidiary of a large proprietary company; or

                     (c)  a listed corporation; or

                     (d)  a subsidiary of a listed corporation.

80A  Single price does not apply to surcharges on food or beverage in restaurants

             (1)  This regulation is made for paragraphs 48(4A)(a) and (b) of the Australian Consumer Law.

Class of representations

             (2)  A class of representations is representations that:

                     (a)  are made on the menu of a restaurant; and

                     (b)  refer to the imposition of a surcharge on the consideration for the supply of food or beverage by the restaurant on a specified day or days.

             (3)  Subregulation (2) applies whether or not the menu:

                     (a)  identifies the food or beverage; and

                     (b)  displays the consideration for the supply of food or beverage.

Conditions in relation to a representation in the class

             (4)  The representation must include the words “a surcharge of [percentage] applies on [the specified day or days]”.

             (5)  The representation must be transparent.

             (6)  The representation must be displayed at least as prominently as the most prominent display on the menu of the following:

                     (a)  the consideration for the supply of food or beverage;

                     (b)  a fee or surcharge relating to the supply of food or beverage.

             (7)  However, if the menu does not display the consideration for the supply of food or beverage, and does not display any other fee or surcharge relating to the supply of food or beverage, the representation must be displayed in a way that is conspicuous and visible to a reader.

             (8)  In this regulation:

restaurant:

                     (a)  means a business, service or arrangement:

                              (i)  in which food or beverage is sold to customers; and

                             (ii)  of a kind commonly known as a restaurant, cafe, bistro or any similar term; and

                     (b)  does not include a business, service or arrangement by which food or beverage is provided or delivered to customers in the expectation of consumption at a later time; and

                     (c)  does not include a business, service or arrangement for the delivery of groceries.

Example 1: Other examples for paragraph (a) are:

(a)    a shop selling takeaway food; and

(b)    a business that supplies food, ordered for immediate consumption, by home delivery only.

Example 2: An example for paragraph (b) is a business that delivers prepared meals as part of a diet or health program.

Example 3: An example for paragraph (c) is the home delivery service of a supermarket.

81  Agreements that are not unsolicited consumer agreements—general

             (1)  For subsection 69(4) of the Australian Consumer Law, the following kinds of agreement are not unsolicited consumer agreements:

                     (a)  a business contract;

                     (b)  a discontinued negotiations agreement;

.                    (c)  an agreement made in the course of a party plan event;

                     (d)  a renewable agreement of the same kind;

                     (e)  a subsequent agreement of the same kind.

             (2)  In this regulation:

business contract means an agreement for the supply of goods or services not of a kind ordinarily acquired for personal, domestic or household use or consumption.

discontinued negotiations agreement means an agreement made as a result of:

                     (a)  a consumer for an unsolicited consumer agreement discontinuing negotiations with the supplier for the unsolicited consumer agreement; and

                     (b)  the consumer subsequently initiating negotiations with the supplier for the unsolicited consumer agreement.

invitation, for a party plan event, means:

                     (a)  an express statement that the persons invited to attend the party plan event are invited to the event for the purpose of negotiating for the supply of goods or services to 1 or more of the persons; or

                     (b)  an implied statement that a reasonable consumer would understand to be an invitation to attend the party plan event for the purpose of negotiating for the supply of goods or services to 1 or more persons.

inviter, for a party plan event, means the person who invites another person to the party plan event.

party plan event means an event for which the following circumstances exist:

                     (a)  the purpose of the event is to negotiate for:

                              (i)  the supply of goods or services to 1 or more persons; or

                             (ii)  the supply of goods and services to 1 or more persons;

                     (b)  before the event, the inviter for the party plan event invites 3 or more persons to attend the party plan event;

                     (c)  during the event, the persons are in the same premises as the inviter for the party plan event or a representative of the inviter for the party plan event.

renewable agreement of the same kind means an agreement made in the following circumstances:

                     (a)  a consumer and a supplier are parties to an agreement, for the supply of goods or services, that is in force;

                     (b)  the consumer and supplier enter into another agreement for the supply of goods or services that are of the same kind as the goods or services supplied under the existing contract.

subsequent agreement of the same kind means an agreement made in the following circumstances:

                     (a)  a consumer and a supplier are parties to an agreement for the supply of goods or services;

                     (b)  the goods or services are supplied;

                     (c)  within 3 months of the supply of the goods or services:

                              (i)  the consumer and supplier enter into 1 or more other agreements for the supply of goods or services of the same kind as the goods or services supplied under the agreement; and

                             (ii)  the total value of the other agreements is an amount of $500 or less.

82  Information relating to identity of dealer

                   For paragraph 74(c) of the Australian Consumer Law, the following information is prescribed:

                     (a)  the dealer’s name;

                     (b)  if the dealer is the supplier of the goods or services about which the dealer proposes to negotiate—the dealer’s address;

                     (c)  if the dealer is not the supplier of the goods or services about which the dealer proposes to negotiate—the supplier’s name and address (not being a post office box).

83  Information about termination period

                   For subparagraph 76(a)(iii) of the Australian Consumer Law, information about the prohibition in section 86 of the Australian Consumer Law is prescribed.

84  Form and way of giving information about termination period

                   For paragraph 76(d) of the Australian Consumer Law, information given in writing must be:

                     (a)  attached to the agreement or agreement document for the supply of goods or services; and

                     (b)  transparent; and

                     (c)  in text that is the most prominent text in the document, other than the text setting out the dealer’s or supplier’s name or logo.

85  Information for front page of agreement or agreement document

                   For subparagraph 79(b)(ii) of the Australian Consumer Law, the following information is prescribed:

                     (a)  the text ‘Important Notice to the Consumer’;

                     (b)  the text ‘You have a right to cancel this agreement within 10 business days from and including the day after you signed or received this agreement’;

                     (c)  the text ‘Details about your additional rights to cancel this agreement are set out in the information attached to this agreement’.

86  Requirements for front page of agreement

                   For subparagraph 79(b)(iii) of the Australian Consumer Law, the following requirements are prescribed:

                     (a)  the front page of the agreement must be signed by the consumer;

                     (b)  the front page of the agreement must include the day on which the consumer signed the document.

87  Requirements for notice accompanying agreement or agreement document

                   For subparagraph 79(c)(ii) of the Australian Consumer Law, the requirement that the notice be in the approved form is prescribed.

88  Application of Division 2, Part 3‑2 of Australian Consumer Law to emergency repair contract

             (1)  For paragraph 94(a) of the Australian Consumer Law, the following provisions of the Australian Consumer Law do not apply in relation to the circumstances specified in subregulation (2):

                     (a)  section 76;

                     (b)  paragraph 79(c);

                     (c)  paragraph 82(3)(a);

                     (d)  paragraph 82(3)(b);

                     (e)  paragraph 82(3)(d);

                      (f)  section 86;

                     (g)  section 173;

                     (h)  paragraph 175(1)(c);

                      (i)  section 179.

             (2)  For subregulation (1), the circumstances are:

                     (a)  that as a result of an earthquake, fire, flood, storm or similar event a state of emergency has been declared under a law of the Commonwealth, a State or a Territory for an area in which a person’s property is located; and

                     (b)  the person enters into an agreement (an emergency repair contract) with a supplier of goods or services for urgent work to be undertaken to:

                              (i)  rectify a hazard or potential hazard on the person’s property; or

                             (ii)  protect the health and safety of persons on the person’s property; or

                            (iii)  prevent substantial damage to the person’s property; and

                     (c)  under a Commonwealth, State or Territory law for the area in which the person’s property is located, the supplier of goods or services under the emergency repair contract is required to hold a licence that is in force and the supplier holds the licence.

89  Application of Division 2, Part 3‑2 of Australian Consumer Law to particular unsolicited consumer agreement

             (1)  For paragraph 94(b) of the Australian Consumer Law, section 86 of the Australian Consumer Law does not apply in relation to an unsolicited consumer agreement to which the circumstances mentioned in subregulation (2) apply.

             (2)  For subregulation (1), the circumstances are that the unsolicited agreement is for the supply of an electricity or gas service from a supplier to a premises and the service:

                     (a)  is not connected to the premises; or

                     (b)  is connected to the premises and no electricity or gas is being supplied to the premises by the supplier.

90  Requirements for warranties against defects

             (1)  For subsection 102(1) of the Australian Consumer Law, the following requirements are prescribed:

                     (a)  a warranty against defects must be in a document that is transparent;

                     (b)  a warranty against defects must concisely state:

                              (i)  what the person who gives the warranty must do so that the warranty may be honoured; and

                             (ii)  what the consumer must do to entitle the consumer to claim the warranty;

                     (c)  a warranty against defects must include the text mentioned in subregulation (2);

                     (d)  a warranty against defects must prominently state the following information about the person who gives the warranty;

                              (i)  the person’s name;

                             (ii)  the person’s business address;

                            (iii)  the person’s telephone number;

                            (iv)  the person’s email address (if any);

                     (e)  a warranty against defects must state the period or periods within which a defect in the goods or services to which the warranty relates must appear if the consumer is to be entitled to claim the warranty;

                      (f)  a warranty against defects must set out the procedure for the consumer to claim the warranty including the address to which a claim may be sent;

                     (g)  a warranty against defects must state who will bear the expense of claiming the warranty and if the expense is to be borne by the person who gives the warranty—how the consumer can claim expenses incurred in making the claim;

                     (h)  a warranty against defects must state that the benefits to the consumer given by the warranty are in addition to other rights and remedies of the consumer under a law in relation to the goods or services to which the warranty relates.

             (2)  For paragraph (1)(c), the text is ‘Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure’.

91  Requirement for notice relating to repair of goods

             (1)  For subsection 103(1) of the Australian Consumer Law, the following requirements are prescribed:

                     (a)  if the notice relates to the repair of goods that are capable of retaining user‑generated data, the notice must state that repair of the goods may result in loss of the data;

                     (b)  the notice must include the text mentioned in subregulation (2) if it is the practice of a repairer of goods:

                              (i)  to supply refurbished goods as an alternative to repairing a consumer’s defective goods; or

                             (ii)  to use refurbished parts in the repair of a consumer’s defective goods.

             (2)  For paragraph (1)(b), the text is ‘Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.’.

             (3)  In this regulation:

User‑generated data means any data stored on goods.

Examples

1   Files stored on a computer hard drive.

2   Telephone numbers stored on a mobile telephone.

3   Songs stored on a portable media player.

4   Games saved on a games console.

5   Files stored on a USB memory stick.

92  Laws specified for supplier reports about consumer goods associated with death, serious injury or illness of any person

                   For paragraphs 131(2)(c) and 132(2)(c) of the Australian Consumer Law, a law of the Commonwealth, a State or a Territory mentioned in an item of the following table is specified.

 

Item

Law of the Commonwealth, a State or a Territory

1

Agricultural and Veterinary Chemicals Act 1994 (Cth)

2

National Health Security Act 2007 (Cth)

3

Therapeutic Goods Act 1989 (Cth)

4

Coroners Act 2009 (NSW)

5

Public Health Act 1991 (NSW)

6

Road Transport (Safety and Traffic Management) Act 1999 (NSW)

7

Coroners Act 2008 (Vic)

8

Public Health and Wellbeing Act 2008 (Vic)

9

Road Safety Act 1986 (Vic)

10

Coroners Act 2003 (Qld)

11

Motor Accident Insurance Act 1994 (Qld)

12

Public Health Act 2005 (Qld)

13

Transport Operations (Road Use Management — Road Rules) Regulation 2009 (Qld)

14

Coroners Act 1996 (WA)

15

Food Regulations 2009 (WA)

16

Health Act 1911 (WA)

17

Road Traffic Act 1974 (WA)

18

Coroners Act 2003 (SA)

19

Public and Environmental Health Act 1987 (SA)

20

Road Traffic Act 1961 (SA)

21

Coroners Act 1995 (Tas)

22

Public Health Act 1997 (Tas)

23

Traffic Act 1925 (Tas)

24

Coroners Act 1997 (ACT)

25

Public Health Act 1997 (ACT)

26

Road Transport (Safety and Traffic Management) Act 1999 (ACT)

27

Coroners Act (NT)

28

Notifiable Diseases Act (NT)

29

Traffic Act (NT)

30

Regulations made under an Act mentioned in items 1 to 12, 14 and 16 to 29

Part 7Transitional matters—Australian Consumer Law

  

93  Saving State or Territory laws for compliance with regulation 82 and regulations 83 to 87—1 January 2011 to 30 June 2011

             (1)  This regulation is made for item 12 of Schedule 7 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 and applies in the period starting on 1 January 2011 and ending on 30 June 2011.

             (2)  Despite the repeal of the provisions mentioned in column 3 of the following table, a dealer or supplier who deals with or supplies goods or services in a State or Territory mentioned in an item of the table, is taken to have complied with regulation 82 if the dealer or supplier complies with the law of the State or Territory mentioned in column 3 of the item.

 

Item

State or Territory

Law of the State or Territory

1

New South Wales

Section 40J of the Fair Trading Act 1987 (NSW)

2

Victoria

Section 62D of the Fair Trading Act 1999 (Vic)

3

Queensland

Section 64 of the Fair Trading Act 1989 (Qld)

4

Western Australia

Section 11 of the Door to Door Trading Act 1987 (WA)

5

South Australia

Section 20 of the Fair Trading Act 1987 (SA) as amended by the Fair Trading (Telemarketing) Amendment Act 2009 (SA)

6

Tasmania

Section 11 of the Door to Door Trading Act 1986 (Tas)

7

Australian Capital Territory

Section 10 of the Door‑to‑Door Trading Act 1991 (ACT)

8

Northern Territory

Section 104 of the Consumer Affairs and Fair Trading Act (NT)

             (3)  Despite the repeal of the provisions mentioned in column 3 of the following table, a dealer or supplier who deals with or supplies goods or services in a State or Territory mentioned in an item of the table, is taken to have complied with regulations 83 to 87 if the dealer or supplier complies with the law of the State or Territory mentioned in column 3 of the item.

 

Item

State or Territory

Law of the State or Territory

1

New South Wales

Section 40D of the Fair Trading Act 1987 (NSW)

2

Victoria

Section 61, 67E or 69 of the Fair Trading Act 1999 (Vic)

3

Queensland

Section 61 of the Fair Trading Act 1989 (Qld)

4

Western Australia

Section 7 of the Door to Door Trading Act 1987 (WA)

5

South Australia

Section 17 of the Fair Trading Act 1987 (SA) as amended by the Fair Trading (Telemarketing) Amendment Act 2009 (SA)

6

Tasmania

Section 7 of the Door to Door Trading Act 1986 (Tas)

7

Australian Capital Territory

Section 7 of the Door‑to‑Door Trading Act 1991 (ACT)

8

Northern Territory

Section 101 of the Consumer Affairs and Fair Trading Act (NT)

94  Application of section 86 of Australian Consumer Law—1 January 2011 to 31 December 2011

             (1)  For item 12 of Schedule 7 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 and paragraph 94(b) of the Australian Consumer Law, the application, savings or transitional matter in subregulation (2):

                     (a)  is prescribed; and

                     (b)  applies during the period starting on 1 January 2011 and ending on 31 December 2011.

             (2)  For subregulation (1) and despite the repeal of a relevant State or Territory law, sections 86 and 179 and subparagraphs 76(a)(iii) and 173(1)(a)(iii) of the Australian Consumer Law do not apply to a dealer or supplier in a State or Territory if the dealer or supplier:

                     (a)  deals with or supplies goods or services in the State or Territory; and

                     (b)  complies with the relevant State or Territory law for the dealer or supplier.

             (3)  In this regulation a relevant State or Territory law means:

                     (a)  if the dealer or supplier deals with or supplies goods or services in New South Wales—section 40H of the Fair Trading Act 1987 (NSW); and

                     (b)  if the dealer or supplier deals with or supplies goods or services in Victoria—section 80 of the Fair Trading Act 1999 (Vic); and

                     (c)  if the dealer or supplier deals with or supplies goods or services in Queensland—section 62 of the Fair Trading Act 1989 (Qld); and

                     (d)  if the dealer or supplier deals with or supplies goods or services in Western Australia—section 8 of the Door to Door Trading Act 1987 (WA); and

                     (e)  if the dealer or supplier deals with or supplies goods or services in South Australia—section 18 of the Fair Trading Act 1987 (SA) as amended by the Fair Trading (Telemarketing) Amendment Act 2009 (SA); and

                      (f)  if the dealer or supplier deals with or supplies goods or services in Tasmania—section 8 of the Door to Door Trading Act 1986 (Tas); and

                     (g)  if the dealer or supplier deals with or supplies goods or services in the Australian Capital Territory—section 8 of the Door‑to‑Door Trading Act 1991 (ACT); and

                     (h)  if the dealer or supplier deals with or supplies goods or services in the Northern Territory—section 102 of the Consumer Affairs and Fair Trading Act (NT).

95  Application of paragraph 86(1)(a) of Australian Consumer Law

                   For paragraph 94(a) of the Australian Consumer Law, paragraph 86(1)(a) of the Australian Consumer Law does not apply to the supply of goods to a consumer under an unsolicited consumer agreement if the total price payable for the goods under the agreement is $500 or less.

Note:          This regulation does not apply in relation to the supply of services under the agreement.

Part 8Other transitional and application provisions

Division 1Application of amendments made by the Competition and Consumer Amendment (Competition Policy Review) Regulations 2017

96  Meaning of amending Part

                   In this Division:

amending Part means Part 1 of Schedule 1 to the Competition and Consumer Amendment (Competition Policy Review) Regulations 2017.

97  Application of amendments

             (1)  The amendment of regulation 6A made by the amending Part applies in relation to applications made on or after the day that Part commences.

             (2)  Despite the amendment made by the amending Part, regulation 13 continues to apply, in relation to applications made before the day that Part commences, as if that amendment had not been made.


Schedule 1Forms—General

(subregulation 2(2))

Part 1Forms—General

Form AA     Summons to witness: Australian Competition and Consumer Commission

(regulation 6E)

Commonwealth of Australia

Competition and Consumer Act 2010

Summons to witness: Australian Competition and Consumer Commission

(Title of matter)

To (full name and address of witness)

You are summoned to attend before the Australian Competition and Consumer Commission, for an arbitration hearing in this matter, on (date), at (time), and then from day to day until the hearing is completed or until you are released from further attendance.

2.     You are required to attend before the Commission for the purpose of giving evidence at the hearing.

* 3.   You are required to bring with you and produce the following documents:

(specify the documents required).

Dated                                        20       .

Chairperson (or Deputy

Chairperson or Member) of the

Australian Competition and Consumer Commission

*Insert if applicable

Part 4Forms for Tribunal and Commission proceedings

Form H       Title of proceedings before tribunal

(regulation 17)

Commonwealth of Australia

Competition and Consumer Act 2010

Title of proceedings before tribunal

In the Australian Competition Tribunal

File No.

Re                                                      

(Insert description of proceedings)

Form I         Application to tribunal for review

(subregulation 20(1))

Application to tribunal for review

(Title)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

1.    I (here insert name and address of applicant—where the applicant is a corporation, the corporation’s name should be inserted here, not the name of an officer of the corporation) hereby apply to the Australian Competition Tribunal pursuant to section 101 of the Competition and Consumer Act 2010 for a review of the determination of the Australian Competition and Consumer Commission dated the    day

of                              20             (Commission file no.                     ).

2.    (a)   I was/was not (here delete whichever is not applicable) the applicant for the authorization to which the determination relates.

(b)   (To be completed if applicant for review was not applicant for authorization). My interest in the determination is as follows:

(Here set out particulars of the matters by reason of which the applicant will seek to satisfy the Tribunal that, for the purposes of subsection 101(1) of the Act, he has a sufficient interest in the determination.)

3.    I am dissatisfied with the determination of the Commission in the following respects:

4.    The determination that I am seeking from the Tribunal is as follows:

5.    Particulars of the facts and contentions upon which I intend to rely in support of the application for review, and a statement of the issues as I see them, are attached.

(Note that if review is being sought of a determination relating to a merger authorisation or an application for one, the review will not be a re‑hearing. Unless permitted under subsection 102(10) of the Act, the review will be confined to the information, documents and evidence before the Commission when it made the determination (see subsections 101(2) and 102(8) to (10) of the Act).)

6.    My address for service for the purpose of regulation 21 of the Competition and Consumer Regulations 2010 is (here insert address in Australia at which documents may be served for the purpose of proceedings).

7.    Documents may be served on me at (here insert electronic address at which documents may be served for the purpose of proceedings—this is optional and does not replace the need to provide an address in Australia at paragraph 6).

Dated this                                day of                                20  .

Signed by/on behalf of the applicant

.......…...............................................

(Signature)

.......…...............................................

(Full Name)

                                                            .........................................................

(Where applicant is a corporation, state position occupied in corporation by person signing). (If signed by solicitor for applicant this fact should be stated).

DIRECTIONS

1.    If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

Form J        Application to tribunal for review

(subregulation 20(2))

Application to tribunal for review

(Title of matter)

PLEASE FOLLOW THE DIRECTIONS ON THE BACK OF THIS FORM

1.    I (insert name and address of applicant—if the applicant is a corporation, the corporation’s name should be inserted here, not the name of an officer of the corporation) apply to the Australian Competition Tribunal under section 101A or 101B of the Competition and Consumer Act 2010 for a review of the giving of notice under subsection 93(3) / 93(3A) / 93(3B) / 93AAA(1) / 93AC(1) / 93AC(2) / 93AC(2A) / 93ACA(1) / 93AD(5) / 93AG(7) / section 95AB

       (delete any of the above that are not applicable) of that Act to (state name of corporation to which, or person to whom, the notice was given) by the Australian Competition and Consumer Commission on the day of                                                      20        (Commission file no.                     ).

2.    (a)   That notice was/was not (delete whichever is not applicable) given to the person making this application.

(b)   (To be completed if applicant for review was not corporation to which, or person to whom, that notice was given). My interest in the determination is as follows:

(set out particulars of the matters by reason of which the applicant will seek to satisfy the Tribunal that, for the purposes of section 101A or 101B of the Act, he or she has a sufficient interest).

3.    I am dissatisfied with the giving of the notice by the Commission because:

4.    Particulars of the facts and contentions upon which I intend to rely in support of the application for review, and a statement of the issues as I see them, are attached.

5.    My address for service for the purpose of regulation 21 of the Competition and Consumer Regulations 2010 is (insert address in Australia at which documents may be served for the purpose of proceedings).

6.    Documents may be served on me at (insert electronic address at which documents may be served for the purpose of proceedings—this is optional and does not replace the need to provide an address in Australia at paragraph 5).

Dated this                            day of                  20        .

Signed by/on behalf of the applicant

...........................................................

(Signature)

...........................................................

(Full Name)

...........................................................

(If applicant is a corporation, state position occupied in corporation by person signing). (If signed by solicitor for applicant this fact should be stated).

DIRECTIONS

1.    If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

Form JA     Application to tribunal for review

(subregulation 20A(1))

Application to tribunal for review

(Title)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

Name of applicant:

Address of applicant:

(If the Applicant is a corporation, give the corporation’s name and address, not the name and address of an officer of the corporation).

1.  I apply to the Australian Competition Tribunal

*   under subsection 44K(1) of the Competition and Consumer Act 2010, for a review of the declaration of a service by the designated Minister, (full name and designation of the designated Minister), under subsection 44H(1) of the Act;

*   under subsection 44K(2) of the Competition and Consumer Act 2010, for a review of the decision by the designated Minister, (full name and designation of the designated Minister), under subsection 44H(1) of the Act, not to declare a service;

*   under subsection 44L(1) of the Competition and Consumer Act 2010, for a review of the decision by the designated Minister, (full name and designation of the designated Minister), under subsection 44J(3) of the Act, not to revoke the declaration of a service;

being the service described below.

2.  I am

*     the provider.

*     the person who applied for the declaration recommendation.

3.  Brief description of the service:

4.  Facts and contentions on which I intend to rely:

5.  Issues as I see them:

6.  Address for service of documents:

(An address for service must comply with regulation 21 of the Competition and Consumer Regulations 2010—an address in Australia must be provided and, in addition, an electronic address may be provided).

Dated:                                     20             Signed by/on behalf of the applicant

(Signature)

                                                              .......................................................

(Full Name)

                                                              .......................................................

(If applicant is a corporation, state position occupied in corporation by person signing. If signed by a solicitor for applicant this fact should be stated).

*Delete if not applicable.

DIRECTIONS

1.    If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

Form JAA  Application for review by Australian Competition Tribunal

(subregulation 20(4))

Commonwealth of Australia

Competition and Consumer Act 2010

Application for review by Australian Competition Tribunal

(Title of matter)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

Name of applicant: (insert full name of applicant)

Address of applicant: (insert address of applicant)

(If the applicant is a corporation, the corporation’s name should be inserted here, not the name and address of an officer of the corporation.)

1.    Application is made to the Australian Competition Tribunal under section 151CI of the Competition and Consumer Act 2010 for review of a decision of the Australian Competition and Consumer Commission under section 151BA of that Act to refuse to make an exemption order relating to conduct of the applicant, being the decision, order and conduct described below.

2.    The decision of the Commission is dated (insert date of decision) and the number of the Commission file for the matter is (insert file no.).

3.    The Commission refused to make an exemption order having the following effect:

(state the effect briefly).

4.    The conduct was as follows:

(state the conduct briefly).

5.    The following features of the Commission decision are unsatisfactory:

(state the features briefly).

6.    The facts and contentions on which this application relies are as follows:

(state the facts and contentions briefly).

7.    Address for service of documents:

(insert address for service)

(An address for service must comply with regulation 21 of the Competition and Consumer Regulations 2010—an address in Australia must be provided and, in addition, an electronic address may be provided).

Dated                                           .

Signed by or on behalf of the applicant

(signature)

(insert full name)

(If the applicant is a corporation, state position occupied by the signatory in
the corporation. If the signatory is
a solicitor for the applicant, state that fact.)

DIRECTIONS

1.    If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

Form JB     Application to tribunal for review

(subregulation 20A(2))

Application to tribunal for review

(Title)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

Full name of applicant Minister:

Designation of Minister:

State or Territory:

Address:

1.    I apply to the Australian Competition Tribunal under subsection 44O(1) of the Competition and Consumer Act 2010 for a review of the decision of the Commonwealth Minister that the regime for access to the service described below *is/*is not an effective access regime for the service.

2.    I am the Minister who asked the National Competition Council for a recommendation under section 44M of the Act in respect of the service.

3.    Brief description of the service:

4.    Facts and contentions on which I intend to rely:

5.    Issues as I see them:

6.    Address for service of documents:

(An address for service must comply with regulation 21 of the Competition and Consumer Regulations 2010—an address in Australia must be provided and, in addition, an electronic address may be provided).

Dated:                                               20                           Signed:

(Signature)

*Delete if not applicable

DIRECTIONS

1.    If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

Form JBA  Application to tribunal for review

(subregulation 20A(2A))

Application to tribunal for review

(Title)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

Name of applicant:

Address of applicant:

(If the Applicant is a corporation, give the corporation’s name and address, not the name and address of an officer of the corporation).

1.  I apply to the Australian Competition Tribunal under subsection 44O(1A) of the Competition and Consumer Act 2010, for a review of the decision by the Commonwealth Minister, (full name and designation of the Commonwealth Minister), under section 44NBC of the Act

*     not to revoke

*     to revoke

a decision in force under section 44N of the Act that a regime established by a State or Territory for access to a service is an effective access regime.

2.  I am

*     the person who applied under subsection 44NBA(3) of the Act

*     a person who could have applied under subsection 44NBA(3) of the Act

for the Council to make a recommendation relating to that decision in force under section 44N of the Act.

3.  Brief description of the regime and the service:

4.  Facts and contentions on which I intend to rely:

5.  Issues as I see them:

6.  Address for service of documents:

(An address for service must comply with regulation 21 of the Competition and Consumer Regulations 2010—an address in Australia must be provided and, in addition, an electronic address may be provided).

Dated:                                     20             Signed by/on behalf of the applicant

(Signature)

                                                              .......................................................

(Full Name)

                                                              .......................................................

(If applicant is a corporation, state position occupied in corporation by person signing. If signed by a solicitor for applicant this fact should be stated).

*Delete if not applicable.

DIRECTIONS

1.    If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

Form JC     Application to tribunal for review

(subregulation 20A(3))

Application to tribunal for review

(Title)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

Name of applicant:

Address of applicant:

(If the applicant is a corporation, give the corporation’s name and address, not the name and address of an officer of the corporation).

1.     I apply to the Australian Competition Tribunal under subsection 44ZX(1) of the Competition and Consumer Act 2010 for a review of the decision of the Australian Competition and Consumer Commission not to register a contract dated (date) between (names of parties), relating to the service described below.

2.    Brief description of the service:

3.    Facts and contentions on which I intend to rely:

4.    Issues as I see them:

5.    Address for service of documents:

(An address for service must comply with regulation 21 of the Competition and Consumer Regulations 2010—an address in Australia must be provided and, in addition, an electronic address may be provided).

Dated:                  20                                Signed by/on behalf of the applicant

(Signature)

(Full Name)

                                                              .....................................................

(If applicant is a corporation, state position occupied in corporation by person signing. If signed by a solicitor for applicant this fact should be stated).

*Delete if not applicable.

DIRECTIONS

1.    If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

Form K       Summons to witness: Australian Competition Tribunal

(regulations 25 and 28N)

Commonwealth of Australia

Competition and Consumer Act 2010

Summons to witness: Australian Competition Tribunal

(Title)

To (full name and address of witness)

        You are hereby summoned to attend before the Australian Competition Tribunal at       on        20        ,

at                     o’clock in the                               noon, and thereafter from day to day until the hearing of proceedings in relation to the above‑mentioned matter is completed or until you are released from further attendance.

2.     You are required to attend before the Tribunal for the purpose of giving evidence in the proceedings.

* 3.   You are required to bring with you and produce the following documents:

(Here set out the documents required).

Dated this                                         day of                              20       .

President (or Deputy President

or Member) of the

Australian Competition Tribunal.

*Insert if applicable.

Form L        Application to tribunal for review

(subregulation 28C(1))

Application to tribunal for review

(Title)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

Name of applicant:

Address of applicant:

(If the applicant is a corporation, give the corporation’s name and address, not the name and address of an officer of the corporation).

1.    I apply to the Australian Competition Tribunal under subsection 44ZP(1) of the Competition and Consumer Act 2010 for a review of a determination of the Australian Competition and Consumer Commission on access to the service described below.

2.    I am

*the provider.

*the third party.

*a party to the determination, other than the provider or the third party.

3.    Brief description of the service:

4.    Facts and contentions on which I intend to rely:

5.    Issues as I see them:

6.    Address for service of documents:

(An address for service must comply with regulation 21 of the Competition and Consumer Regulations 2010—an address in Australia must be provided and, in addition, an electronic address may be provided).

Dated:                                    20            Signed by/on behalf of the applicant

(Signature)

(Full name)

                                                            .........................................................

(If the applicant is a corporation, state position occupied in corporation by person signing. If signed by a solicitor for applicant, this fact should be stated).

*Delete if not applicable.

DIRECTIONS

1.    If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

Schedule 1AMatters for which no fee is payable

(subregulation 28(4))

  

       1.       An application (a new application) made for the purposes of the Act if:

                (a)    the person making the new application has, at the same time or previously, made an application for the purposes of the Competition Code; and

               (b)    the applications relate to the same conduct or matter in the same market (or closely related markets); and

                (c)    the new application is made not later than 14 days after the previous application (or the last of the previous applications).

       2.       An application (a new application) made for the purposes of the Competition Code if:

                (a)    the person making the new application has, at the same time or previously, made an application for the purposes of the Act; and

               (b)    the applications relate to the same conduct or matter in the same market (or closely related markets); and

                (c)    the new application is made not later than 14 days after the previous application (or the last of the previous applications).

       3.       A notice (a new notice) given for the purposes of the Act if:

                (a)    the person giving the new notice has, at the same time or previously, given a notice for the purposes of the Competition Code; and

               (b)    the notices relate to the same conduct in the same market (or closely related markets); and

                (c)    the new notice is given not later than 14 days after the previous notice (or the last of the previous notices).

       4.       A notice (a new notice) given for the purposes of the Competition Code if:

                (a)    the person giving the new notice has previously given a notice for the purposes of the Act; and

               (b)    the notices relate to the same conduct in the same market (or closely related markets); and

                (c)    the new notice is given not later than 14 days after the previous notice (or the last of the previous notices).

Schedule 1BFees payable to Commission for applications and notices

  

Note:       See subregulation 28(5).

 

Fees payable to Commission for applications and notices

Item

Application or notice

Fee

Concessional fee

1

Application for an authorisation under section 88 of the Act (other than a merger authorisation)

$7,500

No concessional fee

2

Application for a merger authorisation

$25,000

No concessional fee

3

Application for revocation of a merger authorisation, and substitution of a new merger authorisation, under section 91C of the Act

$25,000

No concessional fee

4

Application for revocation of an authorisation under section 88 (other than a merger authorisation) and substitution of a new authorisation under section 91C of the Act

$2,500

No concessional fee

5

A notice under subsection 93(1) of the Act about conduct of a kind referred to in section 47 of the Act

$2,500

$500

6

A notice under subsection 93(1) of the Act about conduct of a kind referred to in section 48 of the Act

$1,000

$0

7

Notice of collective bargaining under section 93AB of the Act

$1,000

$0

Note:          Item 4 does not apply to a revocation and substitution of a non‑merger authorisation initiated by the Commission under section 91C of the Act.

Schedule 2Fees—registration of conference agreements

(regulation 31)

  

 

Column 1 Matter

 

Column 2 Fee

 

 

$

1.

Application for a copy of a part of an entry in a register or a part of a conference agreement file

30

2.

Application for a copy of the whole of an entry in a register or the whole of a conference agreement file

60

3.

Application for provisional registration of a conference agreement

360

4.

Application for final registration of a conference agreement

210

5.

Application for registration of ocean carrier’s agent

100

 

Schedule 3Forms—registration of conference agreements

Form 1Application for provisional registration of a conference agreement

(regulation 38)

Competition and Consumer Act 2010

Application for provisional registration of a conference agreement

Name of applicant(s):

Address of applicant(s):

[Here insert particulars specified in regulation 38]

Signature of applicant(s):

Date:

Form 2Application for final registration of a conference agreement

(regulation 40)

Competition and Consumer Act 2010

Application for final registration of a conference agreement

Name of applicant(s):

Address of applicant(s):

[Here insert particulars specified in regulation 40]

Signature of applicant(s):

Date:

Form 3Abstract of confidential parts of agreement

(regulation 41)

Competition and Consumer Act 2010

Abstract of confidential parts of agreement

Name of party making request:

Title of conference:

[Here describe material covered by confidential parts of agreement]

Signature of applicant:

Date:

Form 4Notice of the happening of an affecting event

(regulation 42)

Competition and Consumer Act 2010

Notice of the happening of an affecting event

Name of party giving notice:

Title of conference agreement:

[Here insert particulars specified in regulation 42]

Signature of party giving notice:

Date:

Form 5Offer to give undertaking

(regulation 43)

Competition and Consumer Act 2010

Offer to give undertaking

Provision of the Act under which offer made:

Names of         *parties to agreement:

                        *ocean carrier:

[Here insert particulars specified in regulation 43]

Signatures of parties:

Date:

Form 6Application by ocean carrier for registration of agent

(regulation 44)

Competition and Consumer Act 2010

(section 10.70)

Application by ocean carrier for registration of agent

Names of applicant:

[Here insert particulars specified in regulation 44]

Signatures of applicant:

Date:

Form 7Notice to change of agent, change of address or change of particulars

(regulation 45)

Competition and Consumer Act 2010

(section 10.72)

Notice to change of agent, change of address or change of particulars

Name of ocean carrier:

[Here insert particulars specified in regulation 45]

Signature of ocean carrier:

Date:


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

1974 No. 170

25 Sept 1974

25 Sept 1974

 

1974 No. 175

1 Oct 1974

1 Oct 1974

1974 No. 247

23 Dec 1974

23 Dec 1974

1975 No. 13

11 Feb 1975

11 Feb 1975

1978 No. 212

7 Nov 1978

7 Nov 1978

1979 No. 1

17 Jan 1979

17 Jan 1979

1979 No. 87

14 June 1979

14 June 1979

1980 No. 39

11 Mar 1980

11 Mar 1980

1982 No. 68

19 Mar 1982

19 Mar 1982

1989 No. 199

31 July 1989

1 Aug 1989 (r 1)

1992 No. 71

19 Mar 1992

1 Apr 1992 (r 1)

1992 No. 92

14 Apr 1992

14 Apr 1992 (r 1)

1993 No. 21

11 Feb 1993

11 Feb 1993 (r 1)

1995 No. 248

16 Aug 1995

17 Aug 1995 (r 1)

1995 No. 330

3 Nov 1995

6 Nov 1995 (r 1 and gaz 1995, No S423)

1996 No. 20

31 Jan 1996

31 Jan 1996 (r 1)

1997 No. 53

12 Mar 1997

12 Mar 1997 (r 2)

1997 No. 86

16 Apr 1997

16 Apr 1997 (r 2)

1997 No. 322

27 Nov 1997

27 Nov 1997 (r 2)

1998 No. 365

22 Dec 1998

22 Dec 1998 (r 2)

1999 No. 251

27 Oct 1999

27 Oct 1999 (r 2)

2000 No. 163

28 June 2000

1 July 2000 (r 2)

2000 No. 164

28 June 2000

1 July 2000 (r 2)

2000 No. 186

12 July 2000

12 July 2000 (r 2)

2001 No. 40

2 Mar 2001

2 Mar 2001 (r 2)

2001 No. 57

29 Mar 2001

29 Mar 2001 (r 2)

2001 No. 74

5 Apr 2001

5 Apr 2001 (r 2)

2001 No. 149

20 June 2001

20 June 2001 (r 2)

2001 No. 226

5 Sept 2001

5 Sept 2001 (r 2)

2002 No. 22

21 Feb 2002

21 Feb 2002 (r 2)

2005 No. 118

9 June 2005 (F2005L01374)

10 June 2005 (r 2)

2005 No. 145

17 June 2005 (F2005L01372)

18 June 2005 (r 2)

2006 No. 98

10 May 2006 (F2006L01445)

11 May 2006 (r 2)

2006 No. 370

14 Dec 2006 (F2006L04027)

1 Jan 2007 (r 2)

2007 No. 45

26 Mar 2007 (F2007L00708)

27 Mar 2007 (r 2)

2007 No. 78

30 Mar 2007 (F2007L00836)

7 Apr 2007 (r 2)

2007 No. 205

29 June 2007 (F2007L01961)

5 July 2007 (r 2)

2007 No. 228

24 July 2007 (F2007L02257)

25 July 2007 (r 2)

2007 No. 332

28 Sept 2007 (F2007L03796)

5 Oct 2007 (r 2)

2007 No. 359

19 Oct 2007 (F2007L04134)

25 Oct 2007 (r 2)

2008 No. 16

6 Mar 2008 (F2008L00671)

7 Mar 2008 (r 2)

2008 No. 96

3 June 2008 (F2008L01956)

12 June 2008 (r 2)

2008 No. 137

26 June 2008 (F2008L02295)

r 1–3 and Sch 1: 27 June 2008 (r 2(a))
r 4 and Sch 2: 1 July 2008 (r 2(b))

2009 No. 87

15 May 2009 (F2009L01832)

13 June 2009 (r 2)

2009 No. 159

25 June 2009 (F2009L02501)

1 July 2009 (r 2 and F2009L02489)

178, 2009

10 July 2009 (F2009L02697)

24 July 2009 (r 2)

123, 2010

7 June 2010 (F2010L01521)

r 1–3 and Sch 1: 8 June 2010 (r 2(a))
r 4 and Sch 2: 1 July 2010 (r 2(b))

124, 2010

7 June 2010 (F2010L01520)

8 June 2010 (r 2)

211, 2010

13 July 2010 (F2010L01939)

14 July 2010 (r 2)

280, 2010

18 Nov 2010 (F2010L03014)

r 1–3 and Sch 1: 1 Jan 2011 (r 2(a))
Sch 2: 1 July 2011 (r 2(b))
Sch 3: 1 Jan 2012 (r 2(c))

as amended by

 

 

 

337, 2010

9 Dec 2010 (F2010L03184)

10 Dec 2010 (r 2)

336, 2010

9 Dec 2010 (F2010L03175)

14 Dec 2010 (r 2)

79, 2011

6 June 2011 (F2011L00957)

12 June 2011 (r 2)

225, 2011

24 Nov 2011 (F2011L02416)

1 Jan 2012 (r 2)

271, 2011

12 Dec 2011 (F2011L02652)

1 Jan 2012 (r 2)

90, 2012

29 May 2012 (F2012L01108)

6 June 2012 (r 2)

150, 2012

28 June 2012 (F2012L01413)

Sch 1: 1 July 2012 (r 2(a))
Sch 2: never commenced (r 2(b))

247, 2012

30 Oct 2012 (F2012L02102)

1 Nov 2012 (r 2)

9, 2013

14 Feb 2013 (F2013L00187)

15 Feb 2013 (r 2)

149, 2013

1 July 2013 (F2013L01295)

5 July 2013 (r 2)

177, 2013

15 July 2013 (F2013L01387)

16 July 2013 (r 2)

277, 2013

13 Dec 2013 (F2013L02092)

14 Dec 2013 (r 2)

33, 2014

14 Mar 2014 (F2014L00261)

Sch 3 (item 2): 15 Mar 2014 (s 2)

88, 2014

13 June 2014 (F2014L00711)

Sch 3 (items 3, 4): 14 June 2014 (s 2)

185, 2014

1 Dec 2014 (F2014L01612)

Sch 1 (item 2): 1 Dec 2014 (s 2 item 2)

37, 2015

30 Mar 2015 (F2015L00364)

31 Mar 2015 (s 2)

92, 2015

18 June 2015 (F2015L00841)

Sch 1 (item 2): 19 June 2015 (s 2(1) item 1)

106, 2015

29 June 2015 (F2015L00967)

Sch 1 (items 1–6): 1 July 2015 (s 2(1) items 2–6)
Sch 1 (item 7): 1 July 2016 (s 2(1) item 7)

134, 2015

12 Aug 2015 (F2015L01262)

Sch 1 (item 2): 13 Aug 2015 (s 2(1) item 1)

 

Name

Registration

Commencement

Application, saving and transitional provisions

Treasury Laws Amendment (2016 Measures No. 1) Regulation 2016

26 Feb 2016 (F2016L00156)

Sch 2 (items 9–18): 27 Feb 2016 (s 2(1) item 1)

Treasury Laws Amendment (2016 Measures No. 2) Regulation 2016

9 May 2016 (F2016L00705)

Sch 2: 1 July 2016 (s 2(1) item 3)

Treasury Laws Amendment (Professional Standards Schemes) Regulations 2017

24 May 2017 (F2017L00595)

Sch 1 (items 12–28): 25 May 2017 (s 2(1) item 1)

Competition and Consumer Amendment (Competition Policy Review) Regulations 2017

3 Nov 2017 (F2017L01431)

Sch 1 (items 1–37): 6 Nov 2017 (s 2(1) item 2)
Sch 1 (items 38–48): 4 Nov 2017 (s 2(1) item 3)
Sch 1 (items 49–51): awaiting commencement (s 2(1) (item 4)

Treasury Laws Amendment (Professional Standards Schemes) Regulations 2018

9 Feb 2018 (F2018L00096)

Sch 1 (items 4–9): 10 Feb 2018 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

Part I heading............................

ad No 199, 1989

Part 1 heading (prev Part I.........
heading)

renum
ed C59

r 1.............................................

rs No 365, 1998; No 280, 2010

r 2.............................................

am No 1, 1979; No 199, 1989; No 248, 1995; No 322, 1997; No 365, 1998; No 137, 2008; No 159, 2009; No 280, 2010 (as am by No 337, 2010)

r 4.............................................

am No 330, 1995

Part 2

 

Part 2 heading...........................

ad No 199, 1989

r 4A..........................................

ad No 280, 2010

r 4A..........................................

ad No 199, 1989

r 4AA (prev r 4A).....................

renum No 280, 2010

r 5.............................................

am No 1, 1979; No 330, 1995

r 6AA........................................

ad No 118, 2005

 

am No 137, 2008; No 159, 2009

r 6A..........................................

ad No 330, 1995; No 37, 2015

 

am F2017L01431

r 6B...........................................

ad No 330, 1995

r 6BA........................................

ad F2017L01431

r 6C...........................................

ad No 20, 1996; No 37, 2015

r 6D..........................................

ad No 20, 1996

r 6E...........................................

ad No 20, 1996

r 6F...........................................

ad No 20, 1996

 

am No 163, 2000

r 6FA........................................

ad No 124, 2010

r 6FB.........................................

ad No 124, 2010

r 6FC.........................................

ad No 124, 2010

r 6G..........................................

ad No 20, 1996

 

am No 163, 2000; No 37, 2015

r 6H..........................................

ad No 20, 1996

r 6I............................................

ad No 20, 1996

r 6J............................................

ad No 86, 1997

 

am No 145, 2005; No 280, 2010 (as am by No 337, 2010)

r 7.............................................

am No 1, 1979

 

rs No 39, 1980

 

am No 248, 1995; No 53, 1997

 

rep No 370, 2006

 

ad No 137, 2008

 

am No 159, 2009; No 150, 2012; No 106, 2015

r 7A..........................................

ad No 137, 2008

 

rs No 137, 2008

 

am No 159, 2009; No 150, 2012; No 106, 2015; F2016L00705

r 7AA........................................

ad No 150, 2012

r 7B...........................................

ad No 137, 2008

 

am No 277, 2013

r 7C...........................................

ad No 137, 2008

r 7D..........................................

ad No 137, 2008

r 8.............................................

ad No 212, 1978

 

rep No 1, 1979

 

ad No 39, 1980

 

am F2017L00595

r 8A..........................................

ad No 98, 2006

 

am No 78, 2007; No 205, 2007; No 332, 2007; No 359, 2007

 

rs No 96, 2008; No 87, 2009; No 123, 2010

 

am No 123, 2010; No 336, 2010; No 79, 2011; No 271, 2011; No 247, 2012; No 9, 2013; No 149, 2013; No 33, 2014; No 88, 2014; No 92, 2015; No 134, 2015; F2016L00156

 

rs No 185, 2014

 

am F2018L00096

r 9.............................................

am No 1, 1979

 

rs No 39, 1980

 

am No 248, 1995

 

rs No 90, 2012

 

rs F2017L01431

r 10...........................................

rep No 1, 1979

r 12...........................................

am No 1, 1979; No 37, 2015

r 13...........................................

am No 1, 1979; No 370, 2006; F2017L01431

r 15...........................................

am No 1, 1979; No 330, 1995

r 17...........................................

am No 1, 1979; No 20, 1996

r 18...........................................

am No 1, 1979; No 20, 1996

r 20...........................................

am No 1, 1979; No 248, 1995; No 322, 1997; No 370, 2006; F2017L01431

r 20A........................................

ad No 20, 1996

 

am No 322, 1997; F2017L01431

r 21...........................................

am No 37, 2015

r 22...........................................

am No 20, 1996; F2017L01431

r 22A........................................

ad No 20, 1996

 

am F2017L01431

r 22B.........................................

ad No 20, 1996

 

am No 322, 1997; F2017L01431

r 24...........................................

am No 1, 1979; No 370, 2006; F2017L01431

r 25...........................................

am No 1, 1979

r 26...........................................

am No 1, 1979; No 370, 2006; No 90, 2012; F2017L01431

r 28...........................................

am No 1, 1979

 

rs No 92, 1992

 

am No 21, 1993; No 248, 1995; No 20, 1996; No 322, 1997; No 365, 1998; No 226, 2001; No 370, 2006; No 45, 2007; No 16, 2008; No 178, 2009; No 90, 2012; F2017L01431 (Sch 1 items 49, 50)

r 28A........................................

ad No 175, 1974

 

am No 247, 1974; No 13, 1975

 

rep No 87, 1979

 

ad No 92, 1992

r 28AA......................................

ad No 164, 2000

 

rep No 22, 2002

 

ad No 228, 2007

Part 2A

 

Part 2A......................................

ad No 20, 1996

r 28B.........................................

ad No 20, 1996

 

am No 322, 1997; F2017L01431

r 28C.........................................

ad No 20, 1996

 

am No 322, 1997; F2017L01431

r 28D........................................

ad No 20, 1996

r 28E.........................................

ad No 20, 1996

r 28F.........................................

ad No 20, 1996

r 28G........................................

ad No 20, 1996

r 28H........................................

ad No 20, 1996

r 28I..........................................

ad No 20, 1996

r 28J..........................................

ad No 20, 1996

r 28K........................................

ad No 20, 1996

r 28L.........................................

ad No 20, 1996

r 28M........................................

ad No 20, 1996

r 28N........................................

ad No 20, 1996

r 28P.........................................

ad No 20, 1996

r 28Q........................................

ad No 20, 1996

Part 2B

 

Part 2B......................................

ad No 322, 1997

Division 1

 

r 28R.........................................

ad No 322, 1997

 

am F2017L01431

Division 2

 

r 28S.........................................

ad No 322, 1997

Division 3.................................

rep No 37, 2015

r 28T.........................................

ad No 322, 1997

 

rep No 37, 2015

r 28U........................................

ad No 322, 1997

 

rep No 37, 2015

r 28V........................................

ad No 322, 1997

 

rep No 37, 2015

r 28W........................................

ad No 322, 1997

 

am No 163, 2000

 

rep No 37, 2015

r 28X........................................

ad No 322, 1997

 

am No 163, 2000

 

rep No 37, 2015

Division 4

 

r 28Y........................................

ad No 322, 1997

 

am F2017L01431 (Sch 1 item 51)

r 28Z.........................................

ad No 322, 1997

Part 3

 

Part 3 heading...........................

ad No 199, 1989

r 29...........................................

rs No 199, 1989

r 30...........................................

rs No 199, 1989; No 57, 2001

r 31...........................................

rs No 199, 1989

r 32...........................................

rs No 199, 1989

 

am No 57, 2001

r 33...........................................

rs No 199, 1989

 

am No 57, 2001

r 34...........................................

rs No 199, 1989

 

am No 57, 2001

r 35...........................................

ad No 199, 1989

 

am No 57, 2001

r 36...........................................

ad No 199, 1989

 

am No 57, 2001

r 37...........................................

ad No 199, 1989

 

am No 330, 1995

r 38...........................................

ad No 199, 1989

 

am No 71, 1992; No 330, 1995; No 57, 2001

r 38A........................................

ad No 57, 2001

r 39...........................................

ad No 199, 1989

 

rs No 57, 2001

r 40...........................................

ad No 199, 1989

 

am No 71, 1992; No 57, 2001

r 41...........................................

ad No 199, 1989

r 42...........................................

ad No 199, 1989

 

am No 71, 1992; No 57, 2001

r 43...........................................

ad No 199, 1989

 

am No 57, 2001

r 44...........................................

ad No 199, 1989

 

am No 71, 1992

r 45...........................................

ad No 199, 1989

 

am No 71, 1992; No 57, 2001

r 46...........................................

ad No 199, 1989

 

am No 330, 1995; No 57, 2001; No 37, 2015

r 47...........................................

ad No 199, 1989

 

am No 71, 1999

Part 4........................................

ad No 251, 1999

 

rep No 211, 2010

 

ad No 90, 2012

 

rep F2017L01431

r 48...........................................

ad No 251, 1999

 

rep No 211, 2010

 

ad No 90, 2012

 

rep F2017L01431

r 49...........................................

ad No 251, 1999

 

am No 163, 2000

 

rep No 211, 2010

 

ad No 90, 2012

 

rep F2017L01431

r 50...........................................

ad No 163, 2000

 

rep No 211, 2010

r 51...........................................

ad No 163, 2000

 

rep No 211, 2010

r 52...........................................

ad No 163, 2000

 

am No 74, 2001

 

rep No 211, 2010

r 53...........................................

ad No 163, 2000

 

am No 40, 2001

 

rep No 211, 2010

r 54...........................................

ad No 163, 2000

 

am No 186, 2000

 

rep No 211, 2010

r 55...........................................

ad No 163, 2000

 

rep No 211, 2010

r 56...........................................

ad No 163, 2000

 

rep No 211, 2010

r 57...........................................

ad No 163, 2000

 

rep No 211, 2010

r 58...........................................

ad No 186, 2000

 

rep No 211, 2010

r 59...........................................

ad No 149, 2001

 

rep No 211, 2010

r 60...........................................

ad No 149, 2001

 

rep No 211, 2010

Part 5

 

Part 5........................................

ad No 370, 2006

r 70...........................................

ad No 370, 2006

 

am No 178, 2009; No 90, 2012

 

rep F2017L01431

r 71...........................................

ad No 370, 2006

 

am No 90, 2012

 

rep F2017L01431

r 71A........................................

ad No 45, 2007

r 71B.........................................

ad No 45, 2007

r 71C.........................................

ad No 45, 2007

r 71D........................................

ad No 45, 2007

r 72...........................................

ad No 370, 2006

 

rs No 16, 2008

 

rep F2017L01431

r 73...........................................

ad No 370, 2006

 

rep F2017L01431

r 74...........................................

ad No 370, 2006

 

rep F2017L01431

r 75...........................................

ad No 370, 2006

r 76...........................................

ad No 370, 2006

 

am No 280, 2010 (as am by No 337, 2010)

Part 6

 

Part 6........................................

ad No 280, 2010

r 77...........................................

ad No 280, 2010

r 78...........................................

ad No 280, 2010 (as am by No 337, 2010)

r 79...........................................

ad No 280, 2010

r 80...........................................

ad No 280, 2010

r 80A........................................

ad No 177, 2013

r 81...........................................

ad No 280, 2010 (as am by No 337, 2010)

r 82...........................................

ad No 280 , 2010

r 83...........................................

ad No 280, 2010

 

am F2017L01431

r 84...........................................

ad No 280, 2010 (as am by No 337, 2010)

r 85...........................................

ad No 280, 2010

r 86...........................................

ad No 280, 2010

r 87...........................................

ad No 280, 2010

r 88...........................................

ad No 280, 2010

r 89...........................................

ad No 280, 2010

r 90...........................................

ad No 280, 2010 (as am by No 337, 2010)

r 91...........................................

ad No 280, 2010

r 92...........................................

ad No 280, 2010

Part 7

 

Part 7........................................

ad No 280, 2010

r 93...........................................

ad No 280, 2010 (as am by No 337, 2010)

r 94...........................................

ad No 280, 2010 (as am by No 337, 2010)

r 95...........................................

ad No 225, 2011

Part 8

 

Part 8........................................

ad F2017L01431

Division 1

 

r 96...........................................

ad F2017L01431

r 97...........................................

ad F2017L01431

Schedule 1

 

Schedule heading......................

rep No 248, 1995

Schedule 1 heading...................

ad No 248, 1995

Schedule...................................

rs No 1, 1979

 

am No 68, 1982

Schedule 1................................

am No 248, 1995; No 330, 1995; No 20, 1996; 1997 No 53, No 322, 1997

Forms 1–10..............................

No 170, 1974

 

rep No 1, 1979

Part 1

 

Part 1 heading...........................

ad No 370, 2006

Form AA...................................

ad No 20, 1996

 

am No 280, 2010 (as am by No 337, 2010); F2017L01431

Part 2 heading...........................

ad No 370, 2006

 

rep F2017L01431

Part 2........................................

rep F2017L01431

Form A.....................................

ad No 1, 1979

 

am No 248, 1995; No 330, 1995; No 53, 1997

 

rs No 370, 2006

 

am No 178, 2009; No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form B......................................

ad No 1, 1979

 

am No 330, 1995

 

rs No 370, 2006

 

am No 178, 2009; No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form BA...................................

ad No 90, 2012

 

am No 37, 2015

 

rep F2017L01431

Form C......................................

ad No 1, 1979

 

am No 248, 1995; No 330, 1995

 

rs No 370, 2006

 

am No 280, 2010 (as am by No 337, ); No 37, 2015

 

rep F2017L01431

Form D.....................................

ad No 1, 1979

 

am No 248, 1995; No 330, 1995

 

rs No 53, 1997; No 370, 2006

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form DA...................................

ad No 53, 1997

 

rs No 370, 2006

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form E......................................

ad No 1, 1979

 

am No 330, 1995

 

rs No 370, 2006

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form EA...................................

ad No 248, 1995

 

am No 330, 1995; No 53, 1997

 

rs No 370, 2006

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form F......................................

ad No 1, 1979

 

am No 248, 1995; No 330, 1995

 

rep No 370, 2006

Form FA...................................

ad No 370, 2006

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form FB....................................

ad No 370, 2006

 

am No 280, 2010 (as am by No 337, 2010)

 

rep F2017L01431

Form FC....................................

ad No 370, 2006

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Part 3 heading...........................

ad No 370, 2006

 

rep F2017L01431

Part 3........................................

rep F2017L01431

Form G.....................................

ad No 1, 1979

 

am No 68, 1982; No 248, 1995; No 248, 1995; No 330, 1995

 

rs No 370, 2006

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form GAA................................

ad No 90, 2012

 

am No 37, 2015

 

rep F2017L01431

Form GA...................................

ad No 370, 2006

 

am No 178, 2009; No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Part 4

 

Part 4 heading...........................

ad No 370, 2006

Form H.....................................

ad No 1, 1979

 

am No 330, 1995; No 280, 2010 (as am by No 337, 2010)

Form I.......................................

ad No 1, 1979

 

am No 330, 1995; No 20, 1996; No 280, 2010 (as am by No 337, 2010); No 37, 2015; F2017L01431

Form J.......................................

ad No 1, 1979

 

am No 248, 1995; No 330, 1995; No 20, 1996; No 370, 2006; No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rs F2017L01431

Form JA....................................

ad No 20, 1996

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015; F2017L01431

Form JAA.................................

ad No 322, 1997

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

Form JB....................................

ad No 20, 1996

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015; F2017L01431

Form JBA..................................

ad F2017L01431

Form JC....................................

ad No 20, 1996

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015; F2017L01431

Form JD....................................

ad No 322, 1997

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form JE....................................

ad No 322, 1997

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form K.....................................

ad No 1, 1979

 

am No 330, 1995; No 20, 1996; No 280, 2010 (as am by No 337, 2010); F2017L01431

Form L......................................

ad No 20, 1996

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015; F2017L01431

Form LA...................................

ad No 322, 1997

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form M.....................................

ad No 322, 1997

 

am No 280, 2010 (as am by No 337, 2010)

 

rep No 37, 2015

Part 5 heading...........................

ad No 370, 2006

 

rep F2017L01431

Part 5........................................

rep F2017L01431

Form N.....................................

ad No 370, 2006

 

am No 45, 2007; No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

ed C59

 

rep F2017L01431

Form O.....................................

ad No 370, 2006

 

am No 45, 2007; No 211, 2010; No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form P......................................

ad No 370, 2006

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form Q.....................................

ad No 370, 2006

 

am No 280, 2010 (as am by No 337, 2010 ); No 37, 2015

 

rep F2017L01431

Form R......................................

ad No 370, 2006

 

am No 45, 2007; No 211, 2010; No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form S......................................

ad No 370, 2006

 

am No 45, 2007; No 211, 2010; No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form T......................................

ad No 370, 2006

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form U.....................................

ad No 370, 2006

 

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form V.....................................

ad No 370, 2006

 

am No 45, 2007; No 211, 2010; No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Form W.....................................

ad No 370, 2006

 

am No 45, 2007; No 280, 2010 (as am by No 337, 2010); No 37, 2015

 

rep F2017L01431

Schedule 1A

 

Schedule 1A heading.................

rs No 365, 1998; No 226, 2001

Schedule 1A..............................

ad No 21, 1993

 

am No 248, 1995; No 365, 1998

 

rs No 226, 2001

Schedule 1B

 

Schedule 1B heading.................

rs No 365, 1998; No 226, 2001; No 45, 2007; F2017L01431

Schedule 1B..............................

ad No 21, 1993

 

am No 248, 1995; No 365, 1998

 

rs No 226, 2001

 

am No 370, 2006; No 45, 2007; No 178, 2009; No 90, 2012

 

rs F2017L01431

Schedule 2

 

Schedule 2 heading...................

am No 248, 1995

Schedule 2................................

ad No 199, 1989

 

rs No 71, 1992

 

am No 57, 2001

Schedule 3

 

Schedule 3 heading...................

am No 248, 1995

Schedule 3................................

ad No 199, 1989

Form 1......................................

ad No 199 , 1989

 

am No 280, 2010 (as am by No 337, 2010)

Form 2......................................

ad No 199, 1989

 

am No 280, 2010 (as am by No 337, 2010)

Form 3......................................

ad No 199, 1989

 

am 2010 No 280 (as am by No 337, 2010)

Form 4......................................

ad No 199, 1989

 

am No 280, 2010 (as am by No 337, 2010)

Form 5......................................

ad No 199, 1989

 

am No 280, 2010 (as am by No 337, 2010)

Form 6......................................

ad No 199, 1989

 

am No 280, 2010 (as am by No 337, 2010)

Form 7......................................

ad No 199, 1989

 

am No 280, 2010 (as am by No 337, 2010)