Part 1—Preliminary
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 means Australian Energy Market Operator Limited (ACN 072 010 327).
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.
CDR data held by AEMO means CDR data of which AEMO is a data holder because of the energy sector designation.
Competition Code has the same meaning as in Part XIA of the Act.
energy retailer means a retailer within the meaning of the energy sector designation.
energy sector designation means the Consumer Data Right (Energy Sector) Designation 2020.
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 2—General
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 |
| 2.1A | Electricity Infrastructure Investment Act 2020 of New South Wales and regulations and orders made under that Act |
| 2.1B | Schedule 3 to the Energy and Utilities Administration Act 1987 of New South Wales and regulations and directions made under that Schedule |
| 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(1)(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);
(c) such functions as are necessary to enable the AER to operate as a data holder of CDR data in accordance with the CDR provisions (as those provisions apply as described in subsection 56AR(4) of the Act).
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. 142 on 19 December 2018 Note: This Scheme was formerly 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. | 26 March 2019 |
| 2 | The Australian Property Institute Valuers Limited Professional Standards Scheme, published in the New South Wales Government Gazette No. 214, 21 May 2021 Note: This Scheme was formerly The Australia Property Institute Valuers Limited Professional Standards Scheme, published in the New South Wales Government Gazette No. 34, 6 May 2016, including as modified by the amendments published in the New South Wales Government Gazette No. 59, 12 June 2019. | 1 September 2021 |
| 5 | The CPA Australia Ltd Professional Standards (Accountants) Scheme, published in the New South Wales Government Gazette No. 98, 30 August 2019 Note: This Scheme was formerly the CPA Australia Ltd Professional Standards (Accountants) Scheme, published in the New South Wales Government Gazette No. 138, 22 December 2017. | 22 October 2019 |
| 7 | Chartered Accountants Australia and New Zealand Professional Standards Scheme, published in the New South Wales Government Gazette No. 72, 12 July 2019 Note: This Scheme is a national Scheme which replaces 7 previous State and Territory Schemes of the same name. | 22 October 2019 |
| 8 | The Law Society of New South Wales Professional Standards Scheme, published in the New South Wales Government Gazette No. 87 on 7 September 2018 Note: This Scheme was formerly the Law Society of New South Wales Scheme, published in the New South Wales Government Gazette No. 78, 27 July 2012, including as modified by the extension published in the New South Wales Government Gazette No. 72, 30 June 2017. | 26 March 2019 |
| 9 | The New South Wales Bar Association Professional Standards Scheme, published in the New South Wales Government Gazette No. 179, 20 December 2019 Note: This Scheme was formerly the New South Wales Bar Association Scheme, published in the New South Wales Government Gazette No. 17, 5 March 2015, including as modified by the amendments published in the New South Wales Government Gazette No. 123, 10 November 2017. | 1 July 2020 |
| 14 | The Law Institute of Victoria Limited Professional Standards Scheme, published in the Victoria Government Gazette No. G 11, 17 March 2022 Note: This Scheme was formerly the Law Institute of Victoria Limited Scheme, published in the Victoria Government Gazette No. G 16, 21 April 2016, including as modified by the extension published in the Victoria Government Gazette No. G 9, 4 March 2021. | 1 July 2022 |
| 15 | The Victorian Bar Professional Standards Scheme, published in the Victoria Government Gazette No. G 16, 18 April 2019 Note: This Scheme was formerly the Victorian Bar Professional Standards Scheme, published in the Victoria Government Gazette No. S 134, 24 April 2014. | 22 October 2019 |
| 16 | The Bar Association of Queensland Professional Standards Scheme, approved as described in the Professional Standards (Bar Association of Queensland Professional Standards Scheme) Notice 2019 (Qld), 18 February 2019 Note: This Scheme was formerly the Bar Association of Queensland Scheme, published in the Queensland Government Gazette No. 40, 24 June 2013, including as modified by the extension published in the Queensland Government Gazette No. 60, 23 March 2018. | 26 March 2019 |
| 19 | The Queensland Law Society Professional Standards Scheme, approved as described in the Professional Standards (The Queensland Law Society Professional Standards Scheme) Notice 2021 (Qld), 17 December 2021 Note: The Scheme was formerly 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, including as modified by the extension published in the Queensland Government Gazette No. 63, 23 April 2021. | 1 July 2022 |
| 22 | The Law Society of Western Australia Professional Standards Scheme, published in the Western Australian Government Gazette No. 62, 7 May 2019 Note: This Scheme was formerly the Law Society of Western Australia Scheme, published in the Western Australian Government Gazette No. 54, 11 April 2014. | 22 October 2019 |
| 23 | The Western Australian Bar Association Professional Standards Scheme, published in the Western Australian Government Gazette No. 63, 24 April 2020 Note: This Scheme was formerly the Western Australian Bar Association Scheme, published in the Western Australian Government Gazette No. 57, 17 April 2014, including as modified by the extension published in the Western Australian Government Gazette No. 196, 21 December 2018. | 1 July 2020 |
| 26 | The Law Society of South Australia Professional Standards Scheme, published in the South Australian Government Gazette No. 5, 20 January 2022 Note: This Scheme was formerly the Law Society of South Australia Professional Standards Scheme, published in the South Australian Government Gazette No. 21, 5 April 2017, including as modified by the amendments published in the South Australian Government Gazette No. 77, 21 November 2017. | 1 July 2022 |
| 27 | The South Australian Bar Association Professional Standards Scheme, published in the South Australian Government Gazette No. 15, 10 March 2022 Note: This Scheme was formerly the South Australian Bar Association Inc Professional Standards Scheme, published in the South Australian Government Gazette No. 35, 30 May 2017. | 1 July 2022 |
| 34 | The Institute of Public Accountants Professional Standards Scheme, published in the Victoria Government Gazette No. S 598, 27 October 2021 Note: This Scheme was formerly the Institute of Public Accountants Professional Standards Scheme, published in the Victoria Government Gazette No. G 42, 18 October 2018, including as modified by the extension published in the Victoria Government Gazette No. S 695, 24 December 2020. | 22 March 2022 |
| 35 | The Association of Consulting Surveyors National Professional Standards Scheme, published in the New South Wales Government Gazette No. 90, 1 May 2020 | 1 July 2020 |
| 36 | The Australian Institute of Building Surveyors Professional Standards Scheme, published in the New South Wales Government Gazette No. 214 on 21 May 2021 | 25 August 2021 |
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 business day, 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 2A—Review 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 2BA—Consumer data right
28RA Application of privacy safeguards in the energy sector
(1) This regulation is made for the purposes of section 56GE (exemptions and modifications) of the Act.
(2) AEMO is exempt:
(a) in relation to CDR data held by AEMO, from the following provisions of the Act:
(i) section 56ED (Privacy safeguard 1—open and transparent management of CDR data);
(ii) section 56EN (Privacy safeguard 11—quality of CDR data);
(iii) section 56EP (Privacy safeguard 13—correction of CDR data); and
(b) in relation to CDR data held by AEMO that AEMO discloses to an energy retailer as required or permitted by the Act, from section 56EM (Privacy safeguard 10—notifying of the disclosure of CDR data) of the Act.
(3) The following provisions:
(a) section 56ED (Privacy safeguard 1—open and transparent management of CDR data) of the Act;
(b) section 56EM (Privacy safeguard 10—notifying of the disclosure of CDR data) of the Act;
(c) any other provision (except subsection 56BD(3) of the Act) covered by paragraph 56GE(1)(a) or (b) of the Act, to the extent that the other provision affects, or is affected by, the operation of a provision referred to in paragraph (a) or (b) of this subregulation;
apply in relation to energy retailers, in relation to CDR data held by AEMO that AEMO has disclosed to an energy retailer as required or permitted by the Act, as if those provisions were varied so that they apply to such CDR data in the same way as they apply to CDR data of which the retailer is a data holder because of the energy sector designation.
(4) The following provisions:
(a) section 56EP (Privacy safeguard 13—correction of CDR data) of the Act;
(b) any other provision (except subsection 56BD(3) of the Act) covered by paragraph 56GE(1)(a) or (b) of the Act, to the extent that the other provision affects, or is affected by, the operation of section 56EP of the Act;
apply in relation to energy retailers, in relation to CDR data held by AEMO that AEMO has disclosed to an energy retailer as required or permitted by the Act, as if:
(c) those provisions were varied so that they apply to such CDR data in the same way as they apply to CDR data of which the retailer is a data holder because of the energy sector designation; and
(d) section 56EP of the Act were modified by omitting from subsection 56EP(1) “to deal with each of the matters in subsection (3)”.
Review
(5) The Minister must cause a review of the operation of this regulation to be undertaken within the period of 10 years after the commencement of the regulation.
(6) The persons undertaking the review must give the Minister a written report of the review as soon as possible after the review is completed.
(7) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
Repeal
(8) Subregulations (5), (6), (7) and (8) are repealed on 30 June 2032.
28RAA Modification of authorisation to disclose CDR data before being required to do so—initial and larger retailers
For the purposes of paragraph 56GE(2)(c) (modifications) of the Act, this regulation declares that clause 8.7 of Schedule 4 to the Competition and Consumer (Consumer Data Right) Rules 2020 applies in relation to:
(a) initial retailers (within the meaning of Part 8 of that Schedule); and
(b) larger retailers (within the meaning of Part 8 of that Schedule);
in relation to the classes of CDR data referred to in subparagraphs (1)(b)(i) to (iv) of that clause as if that clause were modified by omitting paragraph (1)(a).
28RB Modifications of certain provisions for parts of the banking sector
For the purposes of paragraph 56GE(2)(c) (modifications) of the Act, this regulation declares that the provisions of the Competition and Consumer (Consumer Data Right) Rules 2020 apply in relation to:
(a) the classes of data holders referred to in subclause 6.6(1) of Schedule 3 to those Rules; and
(b) the classes of CDR data referred to in that subclause;
as if that subclause were modified by replacing the commencement table in that subclause with the following:
| Data holder | Data sharing obligations | Start date
to
31 Jan 2021 | 1 Feb 2021
to
28 Feb 2021 | 1 Mar 2021
to
30 Jun 2021 | 1 Jul 2021
to
31 Oct 2021 | 1 Nov 2021
to
31 Jan 2022 | 1 Feb 2022
to
30 Sept
2022 | 1 Oct 2022
onward |
| Initial data holders (NAB, CBA, ANZ, Westpac branded products) | Part 2 | All product phases | All product phases | All product phases | All product phases | All product phases | All product phases | All product phases |
| Part 3 | ‑ | ‑ | ‑ | ‑ | ‑ | ‑ | ‑ |
| Part 4 | Phase 1
Phase 2 | All product phases | All product phases | All product phases | All product phases | All product phases | All product phases |
| Any other relevant ADI and initial data holders for non‑primary brands | Part 2 | Phase 1 | Phase 1
Phase 2 | Phase 1
Phase 2 | All product phases | All product phases | All product phases | All product phases |
| Part 3 | ‑ | ‑ | ‑ | ‑ | ‑ | ‑ | ‑ |
| Part 4 | ‑ | ‑ | ‑ | Phase 1 JAE CODE | Phase 1
Phase 2
JAE | All product phases
JAE | All product phases |
| Accredited ADI and accredited non‑ADI (reciprocal data holder) | Part 2 | All product phases | All product phases | All product phases | All product phases | All product phases | All product phases | All product phases |
| Part 3 | ‑ | ‑ | ‑ | ‑ | ‑ | ‑ | ‑ |
| Part 4 | ‑ | ‑ | Phase 1 JAE CODE | All product phases
JAE | All product phases
JAE | All product phases
JAE | All product phases |
Part 2B—Telecommunications access regime
Division 1—Definitions 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 2—Access 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 4—Documents
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 3—International 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 5—Authorisations, 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 6—Australian Consumer Law
77A Prescribed amount—acquiring goods or services as a consumer
For the purposes of paragraph 3(1)(a) of the Australian Consumer Law, the amount of $100,000 is prescribed.
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
(1) For subparagraph 76(a)(iii) of the Australian Consumer Law, information about the prohibition in section 86 of the Australian Consumer Law is prescribed.
(2) However, subregulation (1) does not apply if section 86 of the Australian Consumer Law does not apply to, or in relation to, the unsolicited consumer agreement.
Note: Section 86 of the Australian Consumer Law may not apply to an unsolicited consumer agreement because of regulations made under section 94 of the Australian Consumer Law. For example, section 86 of the Australian Consumer Law does not apply to, or in relation to, agreements of a kind specified in regulation 89 and circumstances of a kind specified in regulations 88 and 95 of these Regulations.
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.
89A Gift cards
For the purposes of section 99A of the Australian Consumer Law, an article of any of the following kinds is not a gift card:
(a) an article that:
(i) is redeemable for goods or services; and
(ii) can have its value increased after it is supplied other than because of a reversal of a payment made using the article or the correction of an error;
(b) an article that is only redeemable in relation to one or more of the following:
(i) electricity;
(ii) gas;
(iii) a telecommunications service.
89B Gift cards—fees or charges that are not post‑supply fees and charges
For the purposes of subsection 99D(2) of the Australian Consumer Law, the following kinds of fees and charges are specified:
(a) fees or charges for making a booking if the fees or charges are the same, or substantially the same, as the fees or charges for making the booking using a payment method other than a gift card;
(b) fees or charges for exchanging currencies;
(c) fees or charges relating to the reissue of a gift card that has been lost, stolen or damaged;
(d) fees or charges that are payment surcharges (within the meaning of section 55A of the Act).
89C Application of Division 3A of Part 3‑2 of the Australian Consumer Law to gift cards
Gift cards to be redeemable for at least 3 years—gift cards and supplies to which requirement does not apply
(1) For the purposes of paragraph 99G(a) of the Australian Consumer Law, section 99B and paragraph 99F(1)(b) of the Australian Consumer Law do not apply to:
(a) a gift card of a kind that:
(i) is only redeemable for a particular good or service that is only available for a specified period; and
(ii) ceases to be redeemable at the end of that specified period; or
(b) a gift card of a kind that:
(i) is only redeemable for a particular good or service; and
(ii) is supplied at a discount on the market value of the good or service that a reasonable person would consider to be a genuine discount on the market value of the good or service.
(2) For the purposes of paragraph 99G(c) of the Australian Consumer Law, section 99B and paragraph 99F(1)(b) of the Australian Consumer Law do not apply in relation to gift cards supplied in any of the following circumstances:
(a) a gift card supplied as part of a temporary marketing promotion to the purchaser of goods or services in connection with the purchase of the goods or services;
(b) a gift card donated for a promotional purpose;
(c) a gift card supplied for the purposes of an employee reward scheme;
(d) a gift card supplied for the purposes of a customer loyalty program;
(e) a gift card supplied in exchange for another gift card if the gift card being supplied and the gift card being exchanged cease to be redeemable at the same time.
Supplies of gift cards to which all requirements relating to gift cards do not apply
(3) For the purposes of paragraph 99G(c) of the Australian Consumer Law, Subdivision B of Division 3A of Part 3‑2 of the Australian Consumer Law does not apply in relation to:
(a) gift cards supplied in these circumstances:
(i) a person supplies a gift card in trade or commerce; and
(ii) the gift card being supplied has been the subject of an earlier supply in trade or commerce; and
(iii) the gift card is being supplied by the person as a second‑hand good; and
(iv) the person cannot vary when the gift card ceases to be redeemable; or
(b) gift cards supplied to:
(i) an entity that is registered under the Australian Charities and Not‑for‑Profits Commission Act 2012 as the subtype of entity mentioned in column 2 of item 3 of the table in subsection 25‑5(5) of that Act (Entity with a purpose of advancing social or public welfare); or
(ii) a Department of State of the Commonwealth, a State or a Territory; or
(iii) an agency or authority of the Commonwealth, a State or a Territory, except where the functions of the agency or authority are wholly or primarily commercial functions; or
(iv) a body established for the purposes of local government by or under a law of a State or Territory.
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:
(i) in relation to the supply of goods only—the text mentioned in subregulation (2); or
(ii) in relation to the supply of services only—the text mentioned in subregulation (3); or
(iii) in relation to the supply of goods and services—the text mentioned in subregulation (4);
(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.
(1A) Paragraph (1)(c) does not apply in relation to:
(a) services mentioned in section 63 of the Australian Consumer Law; and
(b) supplies mentioned in section 65 of the Australian Consumer Law.
(2) For the purposes of subparagraph (1)(c)(i), 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’.
(3) For the purposes of subparagraph (1)(c)(ii), the text is ‘Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
· to cancel your service contract with us; and
· to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract’.
(4) For the purposes of subparagraph (1)(c)(iii), the text is ‘Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
· to cancel your service contract with us; and
· to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service’.
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 |
92A Application of Division 3A of Part 4‑2 of the Australian Consumer Law to gift cards
Gift cards to be redeemable for at least 3 years—gift cards and supplies to which the offence relating to that requirement does not apply
(1) For the purposes of paragraph 191E(a) of the Australian Consumer Law, section 191A of the Australian Consumer Law does not apply in relation to a gift card of a kind specified in subregulation 89C(1).
(2) For the purposes of paragraph 191E(c) of the Australian Consumer Law, section 191A of the Australian Consumer Law does not apply in relation to a gift card supplied in any of the circumstances specified in subregulation 89C(2).
Supplies of gift cards to which all offences relating to gift card requirements do not apply
(3) For the purposes of paragraph 191E(c) of the Australian Consumer Law, sections 191A to 191D of the Australian Consumer Law do not apply in relation to a gift card supplied in:
(a) the circumstances specified in paragraph 89C(3)(a); or
(b) the circumstances specified in subparagraph 89C(3)(b)(i), (ii), (iii) or (iv).
92AA Process substantially transforming medicines in Australia
(1) For the purposes of paragraph 255(2)(c) of the Australian Consumer Law, this regulation prescribes a process that medicines have undergone in Australia to be substantially transformed in Australia.
(2) This regulation applies to medicines that are complementary medicines (within the meaning of the Therapeutic Goods Regulations 1990) and are either:
(a) listed goods; or
(b) registered goods.
(3) The process is the carrying out of the last step (except one covered by subregulation (4)) in the manufacture of the dosage form of medicines that:
(a) occurs at premises in Australia; and
(b) is authorised by a licence to occur in relation to those medicines at those premises.
(4) This subregulation covers the following steps:
(a) covering of the dosage form of medicines in containers;
(b) packaging of the dosage form of medicines;
(c) labelling of the dosage form of medicines;
(d) storage of the dosage form of medicines (whether in packaging or not);
(e) testing of the dosage form of medicines;
(f) release for supply of the dosage form of medicines.
(5) A term (except “process”) used in this regulation and the Therapeutic Goods Act 1989 has the same meaning in this regulation as it has in that Act.
Note: Terms whose meaning is affected include “containers”, “dosage form”, “labelling”, “licence”, “listed goods”, “manufacture”, “medicines”, “packaging”, “premises”, “registered goods”, “release for supply”, “storage” and “testing”.
92B Enforcement of the Australian Consumer Law—identity card for inspectors
For paragraph 133A(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 133 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 133A of the Competition and Consumer Act 2010.”.
Part 7—Transitional 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 8—Other transitional and application provisions
Division 1—Application 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.
Division 2—Application of amendments made by the Competition and Consumer Amendment (Australian Consumer Law Review) Regulations 2018
98 Application—unsolicited consumer agreements
The amendments made by Schedule 1 to the Competition and Consumer Amendment (Australian Consumer Law Review) Regulations 2018 apply in relation to agreements entered into on or after the commencement of that Schedule.
99 Application—warranties against defects
The amendments made by Schedule 2 to the Competition and Consumer Amendment (Australian Consumer Law Review) Regulations 2018 apply in relation to warranties against defects issued on or after the day that is 12 months after the day that Schedule commences.
Division 3—Application of amendments made by the Treasury Laws Amendment (Acquisition as Consumer—Financial Thresholds) Regulations 2020
100 Application—prescribed amounts for acquiring goods or services as consumer
The amendment made by item 3 of Schedule 1 to the Treasury Laws Amendment (Acquisition as Consumer—Financial Thresholds) Regulations 2020 applies in relation to goods or services acquired on or after the commencement of those regulations.