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Acts
In force
Details: C2011C00003

Competition and Consumer Act 2010

- C2011C00003
In force - Superseded Version
View Series

Act No. 51 of 1974 as amended, taking into account amendments up to Act No. 148 of 2010

An Act relating to competition, fair trading and consumer protection, and for other purposes

Administered by: Broadband, Communications and the Digital Economy; Infrastructure and Transport; Innovation, Industry, Science and Research; Treasury; Industry, Innovation, Science, Research and Tertiary Education

General Comments: This compilation is affected by a retrospective amendment, please see Competition and Consumer Legislation Amendment Act 2011 [Act No. 184, 2011], for details. This compilation is affected by a retrospective amendment, please see Statute Law Revision Act 2012 [Act No. 136 of 2012], for details.

Registered	04 Jan 2011

Start Date	01 Jan 2011
End Date	12 Apr 2011

Details

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C2011C00003

Table of contents.

Volume 1

Part I—Preliminary

1 Short title [see Note 1]

2 Object of this Act

2A Application of Act to Commonwealth and Commonwealth authorities

2B Application of Act to States and Territories

2BA Application of Part IV to local government bodies

2C Activities that are not business

3 Repeal

4 Interpretation

4A Subsidiary, holding and related bodies corporate

4B Consumers

4C Acquisition, supply and re‑supply

4D Exclusionary provisions

4E Market

4F References to purpose or reason

4G Lessening of competition to include preventing or hindering competition

4H Application of Act in relation to leases and licences of land and buildings

4J Joint ventures

4K Loss or damage to include injury

4KA Definitions etc. that do not apply in Part XI or Schedule 2

4L Severability

4M Saving of law relating to restraint of trade and breaches of confidence

4N Extended application of Part IIIA

5 Extended application of this Act to conduct outside Australia

6 Extended application of this Act to persons who are not corporations [see Note 2]

6AA Application of the Criminal Code

Part II—The Australian Competition and Consumer Commission

6A Establishment of Commission

7 Constitution of Commission

8 Terms and conditions of appointment

8A Associate members

8AB State Territory AER members taken to be associate members

9 Remuneration

10 Deputy Chairpersons

11 Acting Chairperson

12 Leave of absence

13 Termination of appointment of members of the Commission

14 Termination of appointment of associate members of the Commission

15 Resignation

16 Arrangement of business

17 Disclosure of interests by members

18 Meetings of Commission

19 Chairperson may direct Commission to sit in Divisions

25 Delegation by Commission

26 Delegation by Commission of certain functions and powers

27 Staff of Commission

27A Consultants

28 Functions of Commission in relation to dissemination of information, law reform and research

29 Commission to comply with directions of Minister and requirements of the Parliament

Part IIA—The National Competition Council

29A Establishment of Council

29B Functions and powers of Council

29BA Commonwealth consent to conferral of functions etc. on Council

29BB How duty is imposed

29BC When a State Territory energy law imposes a duty

29C Membership of Council

29D Terms and conditions of office

29E Acting Council President

29F Remuneration of Councillors

29G Leave of absence

29H Termination of appointment of Councillors

29I Resignation of Councillors

29J Arrangement of Council business

29K Disclosure of interests by Councillors

29L Council meetings

29LA Resolutions without meetings

29M Staff to help Council

29N Consultants

29O Annual report

Part III—The Australian Competition Tribunal

29P Definition

30 Constitution of Tribunal

31 Qualifications of members of Tribunal

31A Appointment of Judge as presidential member of Tribunal not to affect tenure etc.

32 Terms and conditions of appointment

33 Remuneration and allowances of members of Tribunal

34 Acting appointments

35 Suspension and removal of members of Tribunal

36 Resignation

37 Constitution of Tribunal for particular matters

38 Validity of determinations

39 President may give directions

40 Disclosure of interests by members of Tribunal

41 Presidential member to preside

42 Decision of questions

43 Member of Tribunal ceasing to be available

43A Counsel assisting Tribunal

43B Consultants

44 Staff of Tribunal

44A Acting appointments

Part IIIAA—The Australian Energy Regulator (AER)

Division 1—Preliminary

44AB Definitions

44AC This Part binds the Crown

44AD Extra‑territorial operation

Division 2—Establishment of the AER

44AE Establishment of the AER

44AF AER to hold money and property on behalf of the Commonwealth

44AG Constitution of the AER

Division 3—Functions and powers of the AER

44AH Commonwealth functions

44AI Commonwealth consent to conferral of functions etc. on AER

44AJ How duty is imposed

44AK When a State Territory energy law imposes a duty

44AL Powers of the AER

Division 4—Administrative provisions relating to the AER

Subdivision A—Appointment etc. of members

44AM Appointment of Commonwealth AER member

44AN Membership of AER and Commission

44AO Acting appointment of Commonwealth AER member

44AP Appointment of State Territory AER members

44AQ Acting appointment of State Territory AER member

44AR AER Chair

44AS Acting AER Chair

44AT Remuneration of AER members

44AU Additional remuneration of AER Chair

44AV Leave of absence

44AW Other terms and conditions

44AX Outside employment

44AY Disclosure of interests

44AZ Resignation

44AAB Termination of appointment

Subdivision B—Staff etc. to assist the AER

44AAC Staff etc. to assist the AER

Subdivision C—Meetings of the AER etc.

44AAD Meetings

44AAE Resolutions without meetings

44AAEA Arbitration

Subdivision D—Miscellaneous

44AAF Confidentiality

44AAG Federal Court may make certain orders

44AAGA Federal Court may order disconnection if an event specified in the National Electricity Rules occurs

44AAH Delegation by the AER

44AAI Fees

44AAJ Annual report

44AAK Regulations may deal with transitional matters

Part IIIA—Access to services

Division 1—Preliminary

44AA Objects of Part

44B Definitions

44C How this Part applies to partnerships and joint ventures

44D Meaning of designated Minister

44DA The principles in the Competition Principles Agreement have status as guidelines

44E This Part binds the Crown

Division 2—Declared services

Subdivision A—Recommendation by the Council

44F Person may request recommendation

44FA Council may request information

44G Limits on the Council recommending declaration of a service

44GA Time limit for Council recommendations

44GB Council may invite public submissions on the application

44GC Council must publish its recommendation

Subdivision B—Declaration by the designated Minister

44H Designated Minister may declare a service

44HA Designated Minister must publish his or her decision

44I Duration and effect of declaration

44J Revocation of declaration

44K Review of declaration

44KA Tribunal may stay operation of declaration

44KB Tribunal may order costs be awarded

44L Review of decision not to revoke a declaration

Division 2AA—Services that are ineligible to be declared

Subdivision A—Scope of Division

44LA Constitutional limits on operation of this Division

Subdivision B—Ineligibility recommendation by Council

44LB Ineligibility recommendation

44LC Council may request information

44LD Time limit for Council recommendations

44LE Council may invite public submissions on the application

44LF Council must publish its recommendation

Subdivision C—Designated Minister’s decision on ineligibility

44LG Designated Minister’s decision on ineligibility

44LH Designated Minister must publish his or her decision

Subdivision D—Revocation of ineligibility decision

44LI Revocation of ineligibility decision

Subdivision E—Review of decisions

44LJ Review of ineligibility decisions

44LK Review of decision to revoke or not revoke an ineligibility decision

Subdivision F—Other matters

44LL Ineligibility decisions subject to alteration, cancellation etc.

Division 2A—Effective access regimes

Subdivision A—Recommendation by Council

44M Recommendation for a Ministerial decision on effectiveness of access regime

44MA Council may request information

Subdivision B—Decision by Commonwealth Minister

44N Ministerial decision on effectiveness of access regime

Subdivision C—Extensions of Commonwealth Minister’s decision

44NA Recommendation by Council

44NAA Council may request information

44NB Decision by the Commonwealth Minister

Subdivision D—Procedural provisions

44NC Time limit for Council recommendations

44NE Council may invite public submissions

44NF Publication—Council

44NG Publication—Commonwealth Minister

Subdivision E—Review of decisions

44O Review of Ministerial decision on effectiveness of access regime

Subdivision F—State or Territory ceasing to be a party to Competition Principles Agreement

44P State or Territory ceasing to be a party to Competition Principles Agreement

Division 2B—Competitive tender processes for government owned facilities

44PA Approval of competitive tender process

44PAA Commission may request information

44PB Report on conduct of tender process

44PC Revocation of approval decision

44PD Time limit for Commission decisions

44PE Commission may invite public submissions

44PF Commission must publish its decisions

44PG Review of Commission’s initial decision

44PH Review of decision to revoke an approval

Division 2C—Register of decisions and declarations

44Q Register of decisions, declarations and ineligibility decisions

Division 3—Access to declared services

Subdivision A—Scope of Division

44R Constitutional limits on operation of this Division

Subdivision B—Notification of access disputes

44S Notification of access disputes

44T Withdrawal of notifications

Subdivision C—Arbitration of access disputes

44U Parties to the arbitration

44V Determination by Commission

44W Restrictions on access determinations

44X Matters that the Commission must take into account

44XA Time limit for Commission’s final determination

44Y Commission may terminate arbitration in certain cases

44YA Commission must terminate arbitration if declaration varied or set aside by Tribunal

Subdivision D—Procedure in arbitrations

44Z Constitution of Commission for conduct of arbitration

44ZA Member of the Commission presiding at an arbitration

44ZB Reconstitution of Commission

44ZC Determination of questions

44ZD Hearing to be in private

44ZE Right to representation

44ZF Procedure of Commission

44ZG Particular powers of Commission

44ZH Power to take evidence on oath or affirmation

44ZI Failing to attend as a witness

44ZJ Failing to answer questions etc.

44ZK Intimidation etc.

44ZL Party may request Commission to treat material as confidential

44ZM Sections 18 and 19 do not apply to the Commission in an arbitration

44ZN Parties to pay costs of an arbitration

44ZNA Joint arbitration hearings

Subdivision DA—Arbitration reports

44ZNB Arbitration reports

Subdivision E—Effect of determinations

44ZO Operation of final determinations

44ZOA Effect and duration of interim determinations

Subdivision F—Review of final determinations

44ZP Review by Tribunal

44ZQ Provisions that do not apply in relation to a Tribunal review

44ZR Appeals to Federal Court from determinations of the Tribunal

44ZS Operation and implementation of a determination that is subject to appeal

44ZT Transmission of documents

Subdivision G—Variation and revocation of determinations

44ZU Variation of final determinations

44ZUA Variation and revocation of interim determinations

Division 4—Registered contracts for access to declared services

44ZV Constitutional limits on operation of this Division

44ZW Registration of contract

44ZX Review of decision not to register contract

44ZY Effect of registration of contract

Division 5—Hindering access to declared services

44ZZ Prohibition on hindering access to declared services

Division 6—Access undertakings and access codes for services

Subdivision A—Giving of access undertakings and access codes

44ZZA Access undertakings by providers

44ZZAAA Proposed amendments to access undertakings

44ZZAAB Access undertakings containing fixed principles

44ZZAA Access codes prepared by industry bodies

44ZZAB Commission may rely on industry body consultations

Subdivision B—Effect of access undertakings and access codes

44ZZBA When access undertakings and access codes come into operation

Subdivision C—Extensions of access undertakings and access codes

44ZZBB Extensions of access undertakings and access codes

Subdivision D—Procedural provisions

44ZZBC Time limit for Commission decisions

44ZZBCA Commission may request information

44ZZBD Commission may invite public submissions

44ZZBE Commission must publish its decisions

Subdivision E—Review of decisions

44ZZBF Review of decisions

Subdivision F—Register of access undertakings and access codes

44ZZC Register of access undertakings and access codes

Division 6A—Pricing principles for access disputes and access undertakings or codes

44ZZCA Pricing principles for access disputes and access undertakings or codes

Division 6B—Overlap among determinations, registered contracts, access undertakings and Tribunal review

44ZZCB Deferring access disputes or access undertakings

44ZZCBA Deferral of arbitration if review is underway

44ZZCC Overlap between determinations and access undertakings

44ZZCD Overlap between registered contracts and access undertakings

Division 7—Enforcement and remedies

44ZZD Enforcement of determinations

44ZZE Enforcement of prohibition on hindering access

44ZZF Consent injunctions

44ZZG Interim injunctions

44ZZH Factors relevant to granting a restraining injunction

44ZZI Factors relevant to granting a mandatory injunction

44ZZJ Enforcement of access undertakings

44ZZK Discharge or variation of injunction or other order

Division 8—Miscellaneous

44ZZL Register of determinations

44ZZM Commonwealth consent to conferral of functions etc. on the Commission or Tribunal by State or Territory laws

44ZZMA How duty is imposed

44ZZMB When a law of a State or Territory imposes a duty

44ZZN Compensation for acquisition of property

44ZZNA Operation of Parts IV and VII not affected by this Part

44ZZO Conduct by directors, servants or agents

44ZZOAAA Information to be given to Tribunal

44ZZOAA Tribunal only to consider particular material

44ZZOA Time limit for Tribunal decisions

44ZZP Regulations about review by the Tribunal

44ZZQ Regulations about fees for inspection etc. of registers

44ZZR Procedure of the Tribunal when performing functions under a State Territory energy law or a designated Commonwealth energy law

Part IV—Restrictive trade practices

Division 1—Cartel conduct

Subdivision A—Introduction

44ZZRA Simplified outline

44ZZRB Definitions

44ZZRC Extended meaning of party

44ZZRD Cartel provisions

44ZZRE Meaning of expressions in other provisions of this Act

Subdivision B—Offences etc.

44ZZRF Making a contract etc. containing a cartel provision

44ZZRG Giving effect to a cartel provision

44ZZRH Determining guilt

44ZZRI Court may make related civil orders

Subdivision C—Civil penalty provisions

44ZZRJ Making a contract etc. containing a cartel provision

44ZZRK Giving effect to a cartel provision

Subdivision D—Exceptions

44ZZRL Conduct notified

44ZZRM Cartel provision subject to grant of authorisation

44ZZRN Contracts, arrangements or understandings between related bodies corporate

44ZZRO Joint ventures—prosecution

44ZZRP Joint ventures—civil penalty proceedings

44ZZRQ Covenants affecting competition

44ZZRR Resale price maintenance

44ZZRS Exclusive dealing

44ZZRT Dual listed company arrangement

44ZZRU Acquisition of shares or assets

44ZZRV Collective acquisition of goods or services by the parties to a contract, arrangement or understanding

Division 2—Other provisions

45 Contracts, arrangements or understandings that restrict dealings or affect competition

45B Covenants affecting competition

45C Covenants in relation to prices

45D Secondary boycotts for the purpose of causing substantial loss or damage

45DA Secondary boycotts for the purpose of causing substantial lessening of competition

45DB Boycotts affecting trade or commerce

45DC Involvement and liability of employee organisations

45DD Situations in which boycotts permitted

45E Prohibition of contracts, arrangements or understandings affecting the supply or acquisition of goods or services

45EA Provisions contravening section 45E not to be given effect

45EB Sections 45D to 45EA do not affect operation of other provisions of Part

46 Misuse of market power

46A Misuse of market power—corporation with substantial degree of power in trans‑Tasman market

46B No immunity from jurisdiction in relation to certain New Zealand laws

47 Exclusive dealing

48 Resale price maintenance

49 Dual listed company arrangements that affect competition

50 Prohibition of acquisitions that would result in a substantial lessening of competition

50A Acquisitions that occur outside Australia

51 Exceptions

51AAA Concurrent operation of State and Territory laws

Part IVB—Industry codes

Division 1—Preliminary

51ACA Definitions

Division 2—Contravention of industry codes

51AD Contravention of industry codes

Division 3—Public warning notices

51ADA Commission may issue a public warning notice

Division 4—Orders to redress loss or damage suffered by non‑parties etc.

51ADB Orders to redress loss or damage suffered by non‑parties etc.

51ADC Kinds of orders that may be made to redress loss or damage suffered by non‑parties etc.

Division 5—Investigation power

51ADD Commission may require corporation to provide information

51ADE Extending periods for complying with notices

51ADF Compliance with notices

51ADG False or misleading information etc.

Division 6—Miscellaneous

51AE Regulations relating to industry codes

51AEA Concurrent operation of State and Territory laws

Part VI—Enforcement and remedies

75B Interpretation [see Note 2]

76 Pecuniary penalties

76A Defence to proceedings under section 76 relating to a contravention of section 95AZN

76B What happens if substantially the same conduct is a contravention of Part IV or section 95AZN and an offence?

76C Defence to proceedings relating to exclusionary provisions

77 Civil action for recovery of pecuniary penalties

77A Indemnification of officers

77B Certain indemnities not authorised and certain documents void

77C Application of section 77A to a person other than a body corporate

78 Criminal proceedings not to be brought for contraventions of Part IV or V [see Note 2]

79 Offences against section 44ZZRF or 44ZZRG

79A Enforcement and recovery of certain fines

79B Preference must be given to compensation for victims

80 Injunctions

80AB Stay of injunctions

80AC Injunctions to prevent mergers if clearance or authorisation granted on the basis of false or misleading information

81 Divestiture where merger contravenes section 50 or 50A

81A Divestiture where merger done under clearance or authorisation granted on false etc. information

82 Actions for damages [see Note 2]

83 Finding in proceedings to be evidence [see Note 2]

84 Conduct by directors, employees or agents

85 Defences

86 Jurisdiction of courts [see Note 2]

86AA Limit on jurisdiction of Federal Magistrates Court

86A Transfer of matters

86C Non‑punitive orders

86D Punitive orders—adverse publicity

86E Order disqualifying a person from managing corporations

86F Privilege against exposure to penalty—disqualification from managing corporations

87 Other orders [see Note 2]

87AA Special provision relating to Court’s exercise of powers under this Part in relation to boycott conduct

87B Enforcement of undertakings

87C Enforcement of undertakings—Secretary to the Department

87CA Intervention by Commission

Part VIA—Proportionate liability for misleading and deceptive conduct

87CB Application of Part

87CC Certain concurrent wrongdoers not to have benefit of apportionment

87CD Proportionate liability for apportionable claims

87CE Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware

87CF Contribution not recoverable from defendant

87CG Subsequent actions

87CH Joining non‑party concurrent wrongdoer in the action

87CI Application of Part

Part VIB—Claims for damages or compensation for death or personal injury

Division 1—Introduction

87D Definitions

87E Proceedings to which this Part applies

Division 2—Limitation periods

87F Basic rule

87G Date of discoverability

87H Long‑stop period

87J The effect of minority or incapacity

87K The effect of close relationships

Division 3—Limits on personal injury damages for non‑economic loss

87L Limits on damages for non‑economic loss

87M Maximum amount of damages for non‑economic loss

87N Index numbers

87P Most extreme cases

87Q Cases of 33% or more (but not 100%) of a most extreme case

87R Cases of 15% or more (but less than 33%) of a most extreme case

87S Cases of less than 15% of a most extreme case

87T Referring to earlier decisions on non‑economic loss

Division 4—Limits on personal injury damages for loss of earning capacity

87U Personal injury damages for loss of earning capacity

87V Average weekly earnings

Division 5—Limits on personal injury damages for gratuitous attendant care services

87W Personal injury damages for gratuitous attendant care services for plaintiff

87X Personal injury damages for loss of plaintiff’s capacity to provide gratuitous attendant care services

Division 6—Other limits on personal injury damages

87Y Damages for future economic loss—discount rate

87Z Damages for loss of superannuation entitlements

87ZA Interest on damages

87ZB Exemplary and aggravated damages

Division 7—Structured settlements

87ZC Court may make orders under section 87 for structured settlements

Part VII—Authorisations, notifications and clearances in respect of restrictive trade practices

Division 1—Authorisations (other than section 50 merger authorisations)

87ZP Definitions

88 Power of Commission to grant authorisations

89 Procedure for applications and the keeping of a register

90 Determination of applications for authorisations

90A Commission to afford opportunity for conference before determining application for authorisation

90B Commission may rely on consultations undertaken by the AEMC

91 Grant and variation of authorisations

91A Minor variations of authorizations

91B Revocation of an authorization

91C Revocation of an authorization and substitution of a replacement

Division 2—Notifications

Subdivision A—Exclusive dealing

93 Notification of exclusive dealing

Subdivision B—Collective bargaining

93AA Definitions

93AB Notification of collective bargaining

93AC Commission’s objection notice

93AD When collective bargaining notice comes into force and ceases to be in force

93AE Withdrawal of collective bargaining notice

93AEA Only 1 collective bargaining notice under subsection 93AB(1A) may be given

93AF Only 1 collective bargaining notice under subsection 93AB(1) may be given

Subdivision C—Conferences

93A Commission to afford opportunity for conference before giving notice

Subdivision D—Register of notifications

95 Register of notifications

Division 3—Merger clearances and authorisations

Subdivision A—Preliminary

95AA Simplified outline of this Division

95AB Definitions

Subdivision B—Merger clearances

95AC Commission may grant clearance for a merger

95AD Application for clearance

95AE Requirements for valid clearance application

95AF Commission to notify if clearance application is invalid

95AG Application to be published on the internet

95AH Merger clearance register

95AI Confidentiality claims etc.

95AJ Commission may seek additional information from applicant

95AK Commission may seek further information and consult others

95AL Applicant may withdraw application

95AM Commission to make determination on application

95AN When clearance must not be granted

95AO Time limits for determining application

95AP Clearance subject to conditions

95AQ When clearance is in force

95AR Minor variations of clearances

95AS Revocation of clearance or revocation of clearance and substitution of a new clearance

Subdivision C—Merger authorisations

95AT Tribunal may grant authorisation for a merger

95AU Application for authorisation

95AV Requirements for valid authorisation application

95AW Tribunal to notify if authorisation application is invalid

95AX Tribunal to notify Commission of authorisation application

95AY Application to be published on the internet

95AZ Merger authorisation register

95AZA Confidentiality claims etc.

95AZC Tribunal may seek additional information from applicant

95AZD Tribunal may seek further information and consult others etc.

95AZE Applicant may withdraw application

95AZEA Tribunal must require Commission to give report

95AZF Commission to assist Tribunal

95AZFA Commission may make enquiries

95AZG Tribunal to make determination on application

95AZH When authorisation must not be granted

95AZI Time limits for determining application

95AZJ Authorisation subject to conditions

95AZK When authorisation is in force

95AZL Minor variations of authorisations

95AZM Revocation of authorisation or revocation of authorisation and substitution of a new authorisation

Subdivision D—Miscellaneous

95AZN Providing false or misleading information

Part VIIA—Prices surveillance

Division 1—Preliminary

95A Interpretation

95B Exempt supplies

95C Application of Part

95D Crown to be bound

95E Object of this Part

95F Simplified overview of this Part

Division 2—Commission’s functions under this Part

95G Commission’s functions under this Part

Division 3—Price inquiries

Subdivision A—Holding of inquiries

95H Price inquiries

95J Content of inquiry notices

95K Period for completing inquiry

95L Notice of holding of inquiry

95M Notice of extension of period for completing inquiry

95N Price restrictions

Subdivision B—Reports on inquiries

95P Copies of report to be made available

95Q Notification of proposed prices after receipt of report

Subdivision C—Procedure at inquiries

95R Public inquiries etc.

95S Taking of evidence on oath or affirmation

95T Failure of witness to attend

95U Refusal to be sworn or to answer question

95V Protection of witnesses

95W Allowances to witnesses

Division 4—Price notifications

95X Declarations by Minister or Commission

95Y Declarations in relation to State or Territory authorities

95Z Price restrictions

95ZA Later notices modifying a locality notice

95ZB Applicable period in relation to a locality notice

95ZC Register of price notifications

95ZD Delegation by Commission

Division 5—Price monitoring

95ZE Directions to monitor prices, costs and profits of an industry

95ZF Directions to monitor prices, costs and profits of a business

95ZG Exceptions to price monitoring

Division 6—Other provisions

95ZH Ministerial directions

95ZI Inquiries by an unincorporated body or a group of 2 or more individuals

95ZJ Withdrawal of notices

95ZK Power to obtain information or documents

95ZL Inspection of documents etc.

95ZM Retention of documents

95ZN Confidential information

95ZO Immunity

95ZP Secrecy: members or staff members of the Commission etc.

95ZQ Secrecy: persons involved in inquiries by bodies other than the Commission

Part VIII—Resale price maintenance

96 Acts constituting engaging in resale price maintenance

96A Resale price maintenance in relation to services

97 Recommended prices

98 Withholding the supply of goods

99 Statements as to the minimum price of goods

100 Evidentiary provisions

Part IX—Review by Tribunal of Determinations of Commission

Division 1—Applications for review (other than for merger clearances)

101 Applications for review

101A Application for review of notice under subsection 93(3) or (3A) or 93AC(1) or (2)

102 Functions and powers of Tribunal

Division 2—Procedure and Evidence

102A Definition

103 Procedure generally

104 Regulations as to certain matters

105 Power to take evidence on oath

106 Hearings to be in public except in special circumstances

107 Evidence in form of written statement

108 Taking of evidence by single member

109 Participants in proceedings before Tribunal

110 Representation

Division 3—Review of Commission’s determinations on merger clearances

111 Applications for review

112 Tribunal to notify Commission

113 Commission to give material to Tribunal

114 Tribunal may consult etc. to clarify information

115 Commission to assist Tribunal

116 Tribunal only to consider material before the Commission

117 Tribunal to make decision on review

119 Tribunal’s decision taken to be Commission’s

Volume 2

Part X—International liner cargo shipping

Division 1—Preliminary

10.01 Objects of Part

10.01A Simplified outline

10.02 Interpretation

10.02A Inland terminals

10.03 Designated shipper bodies

Division 2—Additional restrictive trade practice provisions applying to ocean carriers

10.04 Application of section 46 in relation to conference agreements

Division 3—Minimum standards for conference agreements

10.06 Application of Australian law to outwards conference agreements and withdrawal from agreements

10.07 Minimum levels of shipping services to be specified in conference agreements

10.08 Conference agreements may include only certain restrictive trade practice provisions

10.09 Where may consequences of conference agreements not complying with minimum standards be found?

Division 4—Registers and files and public inspection of them

10.10 Registers and conference agreement files open to public inspection

10.11 What registers are to be kept by the Registrar?

10.12 What conference agreement files are to be kept by the Registrar?

10.13 What register is to be kept by the Commission?

Division 5—Exemptions from certain restrictive trade practice prohibitions

Subdivision A—Exemptions relating to conference agreements

10.14 Exemptions apply only to certain activities

10.15 When do exemptions commence to apply in relation to registered conference agreements?

10.16 Exemptions do not apply to variations of conference agreement unless varying agreement registered

10.17 Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK and 45

10.17A Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK and 45 for freight rate agreements

10.18 Exemption from section 47

10.18A Exemptions from section 47 for freight rate agreements

Subdivision B—Exemptions relating to loyalty agreements

10.19 Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK and 45

10.20 Exemption from section 47

10.21 Exemptions cease to apply in relation to a shipper at the shipper’s option

Subdivision D—Other exemptions

10.24 Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK, 45 and 47 in relation to certain negotiations

10.24A Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK, 45 and 47 in relation to stevedoring contracts

Division 6—Registration of conference agreements

Subdivision A—Provisional registration

10.25 Application for provisional registration of conference agreement

10.26 How application is to be made and verified

10.27 Copy of agreement to be filed with application etc.

10.27A Copy of conference agreement to be given to designated peak shipper body

10.28 Decision on application for provisional registration

10.29 Parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement

Subdivision B—Final registration

10.30 Application for final registration of conference agreement

10.31 How application is to be made and verified

10.32 Copy of agreement to be filed with application etc.

10.33 Decision on application for final registration

Subdivision C—Confidentiality requests

10.34 Request for confidentiality

10.35 Abstract to accompany request for confidentiality

10.36 Examination of abstract

10.37 Decision on request for confidentiality

10.38 Application for registration to be returned where request for confidentiality refused etc.

Subdivision D—Miscellaneous

10.39 Application also to be made for registration of varying conference agreements

10.40 Notification of happening of affecting events prior to final registration etc.

Division 7—Obligations of ocean carriers in relation to registered conference agreements

10.41 Parties to registered conference agreement to negotiate with certain designated shipper bodies etc.

10.42 Application to be made for registration of varying conference agreements

10.43 Parties to registered conference agreement to notify happening of affecting events etc.

Division 8—Powers of Minister in relation to registered conference agreements

10.44 Powers exercisable by Minister in relation to registered conference agreements etc.

10.45 Circumstances in which Minister may exercise powers in relation to registered conference agreements

10.46 Action to be taken where powers exercised by Minister without first obtaining Commission report

10.47 Investigation and report by Commission on reference by Minister

10.48 Investigation and report by Commission on own initiative or on application by affected person

10.49 Undertakings by parties to registered conference agreement

10.49A Enforcement of undertakings

Division 9—Obligations of non‑conference ocean carriers with substantial market power

10.50 Investigations by Commission into market power of ocean carriers

10.51 Determination by Minister of market power of ocean carriers

10.52 Non‑conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.

10.53 Non‑conference ocean carrier with substantial market power not to hinder Australian flag shipping operators etc.

Division 10—Powers of Minister in relation to non‑conference ocean carriers with substantial market power

10.54 Powers exercisable by Minister in relation to obligations of non‑conference ocean carriers with substantial market power

10.55 Circumstances in which Minister may exercise powers

10.56 Action to be taken where powers exercised by Minister without first obtaining Commission report

10.57 Investigation and report by Commission on reference by Minister

10.58 Investigation and report by Commission on application by affected person

10.59 Undertakings by ocean carrier

10.60 Enforcement of orders and undertakings

Division 11—Unfair pricing practices

10.61 Powers exercisable by Minister in relation to pricing practices etc.

10.62 Circumstances in which Minister may exercise powers

10.63 Investigation and report by Commission

10.64 Undertakings not to engage in pricing practices

10.65 Enforcement of orders and undertakings

10.66 Determination of normal freight rates for shipping services

10.67 Determination of whether practice contrary to national interest

Division 12—Registration of ocean carrier agents

10.68 Ocean carrier who provides international liner cargo shipping services to have registered agent

10.69 Representation of ocean carrier by registered agent

10.70 Application by ocean carrier for registration of agent

10.71 Registration of agent

10.72 Change of agent etc.

Division 12A—Exemption orders for inwards conference agreements etc.

10.72A Exemption orders for inwards conference agreements etc.

10.72B Criteria for making exemption order

10.72C Duration of exemption order may be limited

10.72D Conditions of exemption order

Division 13—General provisions relating to registers and conference agreement files

10.73 Form of registers and conference agreement files

10.74 Deletion of entries wrongly existing in certain registers

10.75 Deletion of obsolete entries in certain registers

10.76 Correction of clerical errors and other mistakes in certain registers etc.

Division 14—Administration

10.77 Registrar of Liner Shipping

10.78 Appointment of Registrar etc.

10.79 Acting Registrar

10.80 Registrar and staff to be public servants

10.81 Delegation by Minister

10.82 Delegation by Registrar

Division 14A—Review of decisions of Commission

10.82A Review by Tribunal

10.82B Functions and powers of Tribunal

10.82C Provisions that do not apply in relation to a Tribunal review

Division 14B—Review of decisions of Minister

10.82D Review by Tribunal

10.82E Functions and powers of Tribunal

10.82F Modifying register after Tribunal review

10.82G Provisions that do not apply in relation to a Tribunal review

Division 15—Miscellaneous

10.83 Act not to affect rights under Freedom of Information Act

10.84 Review of decisions of Registrar

10.85 Statement to accompany notices of Registrar

10.86 Evidence

10.87 Notification by Commission of references etc.

10.88 Exclusion of documents etc. from register of Commission investigations

10.89 Disclosure of confidential information

10.90 Fees

10.91 Application of Part XID and section 155 to investigations under Part

Part XI—Application of the Australian Consumer Law as a law of the Commonwealth

Division 1—Preliminary

130 Definitions

130A Expressions defined in Schedule 2

Division 2—Application of the Australian Consumer Law as a law of the Commonwealth

Subdivision A—Application of the Australian Consumer Law

131 Application of the Australian Consumer Law in relation to corporations etc.

131A Division does not apply to financial services

131B Division does not apply to interim bans imposed by State or Territory Ministers

131C Saving of other laws and remedies

Subdivision B—Effect of other Commonwealth laws on the Australian Consumer Law

131D Effect of Part VIB on Chapter 5 of the Australian Consumer Law

131E Application of the Legislative Instruments Act 2003

131F Section 4AB of the Crimes Act does not apply

131G Application of the Criminal Code

Division 3—Conferences for proposed bans and recall notices

Subdivision A—Conference requirements before a ban or compulsory recall

132 Commonwealth Minister must issue a proposed ban notice

132A Commonwealth Minister must issue a proposed recall notice

132B Commonwealth Minister to be notified if no person wishes a conference to be held

132C Notification of conference

132D Recommendation after conclusion of conference

Subdivision B—Conference requirements after an interim ban is imposed

132E Opportunity for a conference after an interim ban has been imposed by the Commonwealth Minister

132F Notification of conference

132G Recommendation after conclusion of conference

Subdivision C—Conduct of conferences

132H Conduct of conferences

Subdivision D—Miscellaneous

132J Interim ban and recall notice without delay in case of danger to the public

132K Copy of notices under this Division to be given to suppliers

Division 4—Enforcement

Subdivision A—Inspectors

133 Appointment of inspectors

133A Identity cards

Subdivision B—Premises to which the public is given access

133B Power to enter premises to which the public has access—consumer goods

133C Power to enter premises to which the public has access—product related services

Subdivision C—Disclosure notices relating to the safety of goods or services

133D Power to obtain information etc.

133E Self‑incrimination

133F Compliance with disclosure notices

133G False or misleading information etc.

Subdivision D—Court orders relating to the destruction etc. of goods

133H Court orders relating to consumer goods that do not comply with a safety standard etc.

133J Recovery of reasonable costs of seizing, and destroying or disposing of, consumer goods

Division 5—Infringement notices

134 Purpose and effect of this Division

134A Issuing an infringement notice

134B Matters to be included in an infringement notice

134C Amount of penalty

134D Effect of compliance with an infringement notice

134E Effect of failure to comply with an infringement notice

134F Infringement notice compliance period for infringement notice

134G Withdrawal of an infringement notice

Division 6—Search, seizure and entry

Subdivision A—Powers of inspectors

135 Inspector may enter premises

135B Inspector may ask questions and seek production of documents

135C Failure to answer questions or produce documents

135D Persons assisting inspectors

135E Use of force in executing a search warrant

135F Announcement before entry under warrant

135G Inspector must be in possession of search warrant

Subdivision B—Obligations of inspectors

135H Consent

135J Details of search warrant etc. must be given to the occupier of the premises

Subdivision C—Occupier’s etc. rights and responsibilities

135K Occupier etc. entitled to observe execution of search warrant

135L Occupier etc. to provide inspector etc. with facilities and assistance

135M Receipts for seized consumer goods and equipment

135N Return of seized consumer goods and equipment

135P Judge may permit consumer goods or equipment to be retained

Subdivision D—Provisions relating to seizure

135Q Recovery of reasonable costs of seizing consumer goods or equipment

135R Destruction or disposal of seized consumer goods or equipment

Subdivision E—Embargo notices

135S Embargo notices

135T Embargo period for embargo notices

135U Multiple embargo notices for the same consumer goods or product related services

135V Power of inspectors to secure consumer goods

135W Power of inspectors to secure equipment used to supply product related services

135X Consent to supply etc. embargoed consumer goods etc.

135Y Compliance with embargo notices

Subdivision F—Issue of search warrants

135Z Issue of search warrants

136 Search warrants by telephone, fax etc.

136A Offence relating to warrants by telephone, fax etc.

Subdivision G—Miscellaneous

136B Powers of judges

Division 7—Remedies

137 Limit on occupational liability

137A Contributory acts or omissions to reduce compensation in defective goods actions

137B Reduction of the amount of loss or damage if the claimant fails to take reasonable care

137C Limits on recovery of amounts for death or personal injury

137D Compensation orders etc. arising out of unfair contract terms

137E Limits on compensation orders etc. for death or personal injury

137F Court may make orders for the purpose of preserving money or other property held by a person

137G Compliance with orders made under section 137F

137H Finding in proceedings to be evidence

Division 8—Jurisdictional matters

138 Conferring jurisdiction on the Federal Court

138A Conferring jurisdiction on the Federal Magistrates Court

138B Conferring jurisdiction on State and Territory Courts

138C Transfer of matters by the Federal Court

138D Transfer of matters by a State or Territory court

138E Transfer of proceedings to Family Court

Division 9—Miscellaneous

139 Intervention by the Commission

139A Terms excluding consumer guarantees from supplies of recreational services

139B Conduct of directors, employees or agents of bodies corporate

139C Conduct of employees or agents of persons other than bodies corporate

139D Enforcement and recovery of certain fines

139DA Application of section 229 of the Australian Consumer Law to a person other than a body corporate

139E Cessation of enforcement orders etc.

139F Compensation for acquisition of property

139G Regulations

Part XIAA—Application of the Australian Consumer Law as a law of a State or Territory

140 Definitions

140A Object of this Part

140B The applied Australian Consumer Law

140C Federal Court may exercise jurisdiction under application laws of Territories

140D Exercise of jurisdiction under cross‑vesting provisions

140E Commonwealth consent to conferral of functions etc. on Commonwealth entities

140F How duty is imposed

140G When an application law imposes a duty

140H Application laws may operate concurrently with this Act

140J No doubling‑up of liabilities

140K References in instruments to the Australian Consumer Law

Part XIA—The Competition Code

150A Definitions

150B Objects of this Part

150C The Competition Code

150D Federal Court may exercise jurisdiction under application laws of Territories

150E Exercise of jurisdiction under cross‑vesting provisions

150F Commonwealth consent to conferral of functions etc. on Commonwealth entities

150FA How duty is imposed

150FB When an application law imposes a duty

150G Application laws may operate concurrently with this Act

150H No doubling‑up of liabilities

150I References in instruments to the Competition Code

150J Authorisations etc. under this Act may relate also to Competition Code

150K Gazettal of jurisdictions that excessively modify the Code

Part XIB—The Telecommunications Industry: Anti‑competitive conduct and record‑keeping rules

Division 1—Introduction

151AA Simplified outline

151AB Definitions

151AC Extension to external Territories

151AD Continuity of partnerships

151AE Additional operation of Part

151AF Telecommunications market

151AG When a body corporate is related to a partnership

151AH Degree of power in a telecommunications market

151AI Interpretation of Part IV or VII not affected by this Part

Division 2—Anti‑competitive conduct

151AJ Anti‑competitive conduct

151AK The competition rule

Division 3—Competition notices and exemption orders

Subdivision A—Competition notices

151AKA Part A competition notices

151AL Part B competition notices

151AM Competition notice to be given to carrier or carriage service provider

151AN Evidentiary effect of competition notice

151AO Duration of Part A competition notice

151AOA Variation of competition notice

151AOB Revocation of competition notice

151AP Guidelines

151AQ Commission to act expeditiously

151AQA Stay of proceedings relating to competition notices

151AQB Advisory notices

151AR Register of competition notices

Subdivision B—Exemption orders

151AS Exemption orders

151AT Form of application

151AU Further information

151AV Withdrawal of application

151AW Commission must publicise receipt of applications

151AX Commission may refuse to consider application if it relates to the same conduct as an authorisation application

151AY Commission may refuse to consider application if it relates to the same conduct as a Part VII notification

151AZ Commission may convene conference to discuss application

151BA Commission must grant or reject application

151BB Commission to give opportunity for submissions

151BC Criteria for making exemption order

151BD Notification of decision

151BE Duration of exemption order may be limited

151BF Conditions of exemption order

151BG Revocation of exemption order

151BH Register of exemption orders

Subdivision C—Miscellaneous

151BJ Conduct includes proposed conduct

Division 4—Tariff filing

151BK Tariff filing directions

151BL Specification of goods and services

151BM Notification of reasons

151BN Duration of direction may be limited

151BO Revocation of direction

151BP Variation of direction

151BQ Public access to tariff information

151BR Register of tariff filing directions

151BT Meaning of terms and conditions

Division 5—Tariff filing by Telstra

151BTA Tariff filing by Telstra

Division 6—Record‑keeping rules and disclosure directions

151BU Commission may make record‑keeping rules

151BUAA Minister may give directions to Commission

151BUAB Request for disclosure

151BUA Commission gives access to reports

151BUB Carrier or carriage service provider gives access to reports

151BUC Carrier or carriage service provider gives access to periodic reports

151BUD Exemption of reports from access requirements

151BUDA Commission gives access to Ministerially‑directed reports

151BUDB Carrier or carriage service provider gives access to Ministerially‑directed reports

151BUDC Carrier or carriage service provider gives access to Ministerially‑directed periodic reports

151BUE Access via the internet

151BUF Self‑incrimination

151BV Incorrect records

Division 7—Enforcement of the competition rule, tariff filing directions, record‑keeping rules and disclosure directions

151BW Person involved in a contravention of the competition rule, a tariff filing direction, a record‑keeping rule or a disclosure direction

151BX Pecuniary penalties for breach of the competition rule, a tariff filing direction, a record‑keeping rule or a disclosure direction

151BY Civil action for recovery of pecuniary penalties

151BZ Criminal proceedings not to be brought for contraventions of the competition rule, tariff filing directions, record‑keeping rules or disclosure directions

151CA Injunctions

151CB Orders to disclose information or publish an advertisement—breach of the competition rule

151CC Actions for damages—breach of the competition rule

151CD Finding of fact in proceedings to be evidence

151CE Other orders—compensation for breach of the competition rule

151CF Conduct by directors, employees or agents

Division 8—Disclosure of documents by Commission

151CG Disclosure of documents by Commission

Division 9—Treatment of partnerships

151CH Treatment of partnerships

Division 10—Review of decisions

151CI Review by Tribunal

151CJ Functions and powers of Tribunal

151CK Provisions that do not apply in relation to a Tribunal review

Division 11—Reviews of competitive safeguards within the telecommunications industry

151CL Reviews of competitive safeguards within the telecommunications industry

Division 12—Monitoring of telecommunications charges paid by consumers

151CM Monitoring of telecommunications charges paid by consumers

Division 12A—Reports about competition in the telecommunications industry

151CMA Public reports about competition in the telecommunications industry

151CMB Confidential reports about competition in the telecommunications industry

151CMC Examples of matters that may be specified in a determination under section 151CMA or 151CMB

Division 13—Review of operation of this Part

151CN Review of operation of this Part

Division 14—Operational separation for Telstra

151CP Operational separation for Telstra

Division 15—Voluntary undertakings given by Telstra

151CQ Voluntary undertakings given by Telstra

Part XIC—Telecommunications access regime

Division 1—Introduction

152AA Simplified outline

152AB Object of this Part

152AC Definitions

152AD This Part binds the Crown

152AE Extension to external Territories

152AF Access

152AG Access seeker

152AH Reasonableness—terms and conditions

152AI When public inquiry commences

152AJ Interpretation of Part IIIA not affected by this Part

152AK Operation of Parts IV and VII not affected by this Part

Division 2—Declared services

152AL Declared services

152ALA Duration of declaration

152AM Inquiries about proposals to declare services

152AN Combined inquiries about proposals to declare services

152AO Variation or revocation of declaration

152AQ Register of declared services

152AQC Compensation for acquisition of property

Division 3—Standard access obligations

152AR Standard access obligations

152ASA Anticipatory class exemptions from standard access obligations

152ATA Anticipatory individual exemptions from standard access obligations

152AU Individual exemptions—request for further information

152AXA Statement of reasons for decision—specification of documents

152AY Compliance with standard access obligations

152AYA Ancillary obligations—confidential information

152AZ Carrier licence condition

152BA Service provider rule

152BB Judicial enforcement of standard access obligations

152BBAA Judicial enforcement of conditions and limitations of exemption determinations and orders

152BBA Commission may give directions in relation to negotiations

152BBB Enforcement of directions

152BBC Commission’s role in negotiations

152BBD Reaching agreement on terms and conditions of access

Division 4—Access determinations

Subdivision A—Commission may make access determinations

152BC Access determinations

152BCA Matters that the Commission must take into account

152BCB Restrictions on access determinations

152BCC Access agreements prevail over inconsistent access determinations

152BCCA Final migration plan prevails over inconsistent access determinations

152BCD Fixed principles provisions

152BCE Access determinations may be set out in the same document

152BCF Duration of access determination

152BCG Interim access determinations

152BCGA Stay of access determinations

Subdivision B—Public inquiries about proposals to make access determinations

152BCH Access determination to be made after public inquiry

152BCI When public inquiry must be held

152BCJ Combined inquiries about proposals to make access determinations

152BCK Time limit for making an access determination

Subdivision C—Variation or revocation of access determinations

152BCN Variation or revocation of access determinations

Subdivision D—Compliance with access determinations

152BCO Carrier licence condition

152BCP Service provider rule

Subdivision E—Private enforcement of access determinations

152BCQ Private enforcement of access determinations

152BCR Consent injunctions

152BCS Interim injunctions

152BCT Factors relevant to granting a restraining injunction

152BCU Factors relevant to granting a mandatory injunction

152BCV Discharge or variation of injunction or other order

Subdivision F—Register of Access Determinations

152BCW Register of Access Determinations

Division 4A—Binding rules of conduct

Subdivision A—Commission may make binding rules of conduct

152BD Binding rules of conduct

152BDAA Matters that the Commission must take into account

152BDA Restrictions on binding rules of conduct

152BDB Access agreements prevail over inconsistent binding rules of conduct

152BDC Duration of binding rules of conduct

152BDCA Final migration plan prevails over inconsistent binding rules of conduct

152BDD Commission must give copy of binding rules of conduct to carrier etc.

152BDE Access determinations that are inconsistent with binding rules of conduct

152BDEA Stay of binding rules of conduct

Subdivision B—Compliance with binding rules of conduct

152BDF Carrier licence condition

152BDG Service provider rule

Subdivision C—Private enforcement of binding rules of conduct

152BDH Private enforcement of binding rules of conduct

152BDI Consent injunctions

152BDJ Interim injunctions

152BDK Factors relevant to granting a restraining injunction

152BDL Factors relevant to granting a mandatory injunction

152BDM Discharge or variation of injunction or other order

Subdivision D—Register of Binding Rules of Conduct

152BDN Register of Binding Rules of Conduct

Division 4B—Access agreements

152BE Access agreements

152BEA Lodgment of access agreements with the Commission

152BEB Notification of termination of access agreement

152BEC Carrier licence condition

152BED Service provider rule

Division 5—Access undertakings

Subdivision B—Special access undertakings

152CBA What is a special access undertaking?

152CBAA Fixed principles terms and conditions

152CBB Further information about undertaking

152CBC Commission to accept or reject access undertaking

152CBCA Serial undertakings

152CBD Criteria for accepting access undertaking

152CBDA Variation of special access undertaking

152CBE Extension of access undertaking

152CBF Duration of access undertaking

152CBG Variation of access undertakings

152CBH Further information about variation of access undertaking

152CBI Voluntary withdrawal of undertaking

152CBIA Special access undertakings prevail over inconsistent access determinations

152CBIB Special access undertakings prevail over inconsistent binding rules of conduct

152CBIC Access agreements prevail over special access undertakings

152CBJ Proposed service

Subdivision C—General provisions

152CC Register of access undertakings

152CD Enforcement of access undertakings

152CDA Deferral of consideration of an access undertaking etc.

Division 6—Ministerial pricing determinations

152CH Ministerial pricing determinations

152CI Undertakings, access determinations and binding rules of conduct that are inconsistent with Ministerial pricing determinations

152CJ Register of Ministerial pricing determinations

Division 7—Relationship between this Part and Part IIIA

152CK Relationship between this Part and Part IIIA

Division 10—Hindering the fulfilment of a standard access obligation etc.

152EF Prohibition on hindering the fulfilment of a standard access obligation etc.

152EG Enforcement of prohibition on hindering the fulfilment of a standard access obligation etc.

152EH Consent injunctions

152EI Interim injunctions

152EJ Factors relevant to granting a restraining injunction

152EK Factors relevant to granting a mandatory injunction

152EL Discharge or variation of injunction or other order

Division 10A—Procedural Rules

152ELA Procedural Rules

152ELB Public consultation

152ELC Plan for the development of Procedural Rules

Division 11—Miscellaneous

152ELD Compensation for acquisition of property

152EM Continuity of partnerships

152EN Treatment of partnerships

152EO Conduct by directors, servants or agents

152EOA Review of operation of this Part

152EP Regulations about fees for inspection etc. of registers

152EQ Operational separation for Telstra

152ER Voluntary undertakings given by Telstra

Part XID—Search and seizure

Division 1—Preliminary

154 Simplified outline

154A Definitions

Division 2—Appointment of inspectors and identity cards

154B Appointment of inspectors

154C Identity cards

Division 3—Entry to premises with consent

154D Entry with consent

154E Powers in relation to premises

154F Operation of electronic equipment at premises

Division 4—Entry to premises under a search warrant

Subdivision A—Powers available under a search warrant

154G The things that are authorised by a search warrant

154GA Removing things for examination or processing

154H Operation of electronic equipment at premises

154J Securing electronic equipment for use by experts

Subdivision B—Availability of assistance and use of force in executing a search warrant

154K Authorisation of officers assisting

154L Availability of assistance and use of force in executing a search warrant

Subdivision C—Obligations of executing officer and officers assisting

154M Announcement before entry

154N Details of warrant to be given to occupier

Subdivision D—Occupier’s rights and responsibilities

154P Occupier entitled to observe search being conducted

154Q Occupier to provide reasonable facilities and assistance

154R Answering of questions or producing evidential material

154RA Person with computer knowledge to assist access etc.

Subdivision E—General provisions relating to seizure

154S Copies of seized things to be provided

154T Receipts for things seized or moved under warrant

154U Return of seized things

154V Magistrate may permit a thing to be retained

154W Disposal of things if there is no owner or owner cannot be located

Subdivision F—Search warrants

154X Issue of search warrants

154Y Search warrants by telephone, fax etc.

154Z Offences relating to warrants

Subdivision G—Powers of magistrates

154ZA Powers conferred on magistrates

Division 5—General provisions relating to electronic equipment

154ZB Operation of electronic equipment at premises

154ZC Compensation for damage to electronic equipment

Part XII—Miscellaneous

155 Power to obtain information, documents and evidence

155AAA Protection of certain information

155AA Protection of Part VB information

155A Power to obtain information and documents in New Zealand relating to trans‑Tasman markets

155B Australian Competition and Consumer Commission may receive information and documents on behalf of New Zealand Commerce Commission

156 Inspection of documents by Commission

157 Disclosure of documents by Commission

157AA Disclosure of documents by Tribunal in relation to merger authorisations

157A Disclosure of information by Commission

157B Disclosure of protected cartel information to a court or tribunal

157C Disclosure of protected cartel information to a party to court proceedings etc.

157D General powers of a court

158 Protection of members of Tribunal, counsel and witnesses

159 Incriminating answers

160 Failure of witness to attend

161 Refusal to be sworn or to answer questions

162 Contempt

162A Intimidation etc.

163 Prosecutions

163A Declarations and orders

165 Inspection of, furnishing of copies of, and evidence of, documents

166 Certificates as to furnishing of particulars to Commission

167 Judicial notice

170 Legal and financial assistance

171 Annual report by Commission

171A Charges by the Commission

171B Division 3 of Part IIIA does not confer judicial power on the Commission

172 Regulations

173 Authorisation for the purposes of subsection 51(1)

Part XIII—Application and transitional provisions relating to the competition provisions

Division 1—Cartel conduct

174 Definitions

175 Giving effect after the commencement time to a cartel provision in existence before that time

176 Proceedings relating to price‑fixing contraventions taking place before the commencement time

177 Authorisations in force before the commencement time

178 Notifications in force before the commencement time

Volume 3

Schedule 1—The Schedule version of Part IV

Part 1—Schedule version of Part IV

Division 1—Cartel conduct

Subdivision A—Introduction

44ZZRA Simplified outline

44ZZRB Definitions

44ZZRC Extended meaning of party

44ZZRD Cartel provisions

44ZZRE Meaning of expressions in other provisions of this Act

Subdivision B—Offences etc.

44ZZRF Making a contract etc. containing a cartel provision

44ZZRG Giving effect to a cartel provision

44ZZRH Determining guilt

44ZZRI Court may make related civil orders

Subdivision C—Civil penalty provisions

44ZZRJ Making a contract etc. containing a cartel provision

44ZZRK Giving effect to a cartel provision

Subdivision D—Exceptions

44ZZRL Conduct notified

44ZZRM Cartel provision subject to grant of authorisation

44ZZRN Contracts, arrangements or understandings between related bodies corporate

44ZZRO Joint ventures—prosecution

44ZZRP Joint ventures—civil penalty proceedings

44ZZRQ Covenants affecting competition

44ZZRR Resale price maintenance

44ZZRS Exclusive dealing

44ZZRT Dual listed company arrangement

44ZZRU Acquisition of shares or assets

44ZZRV Collective acquisition of goods or services by the parties to a contract, arrangement or understanding

Division 2—Other provisions

45 Contracts, arrangements or understandings that restrict dealings or affect competition

45B Covenants affecting competition

45C Covenants in relation to prices

45D Secondary boycotts for the purpose of causing substantial loss or damage

45DA Secondary boycotts for the purpose of causing substantial lessening of competition

45DC Involvement and liability of employee organisations

45DD Situations in which boycotts permitted

45E Prohibition of contracts, arrangements or understandings affecting the supply or acquisition of goods or services

45EA Provisions contravening section 45E not to be given effect

45EB Sections 45D to 45EA do not affect operation of other provisions of Part

46 Misuse of market power

47 Exclusive dealing

48 Resale price maintenance

49 Dual listed company arrangements that affect competition

50 Prohibition of acquisitions that would result in a substantial lessening of competition

51 Exceptions

Schedule 2—The Australian Consumer Law

Chapter 1—Introduction

1 Application of this Schedule

2 Definitions

3 Meaning of consumer

4 Misleading representations with respect to future matters

5 When donations are treated as supplies or acquisitions

6 Related bodies corporate

7 Meaning of manufacturer

8 Goods affixed to land or premises

9 Meaning of safety defect in relation to goods

10 Asserting a right to payment

11 References to acquisition, supply and re‑supply

12 Application of Schedule in relation to leases and licences of land and buildings

13 Loss or damage to include injury

14 Meaning of continuing credit contract

15 Contraventions of this Schedule

16 Severability

17 References to provisions in this Schedule

Chapter 2—General protections

Part 2‑1—Misleading or deceptive conduct

18 Misleading or deceptive conduct

19 Application of this Part to information providers

Part 2‑2—Unconscionable conduct

20 Unconscionable conduct within the meaning of the unwritten law

21 Unconscionable conduct

22 Unconscionable conduct in business transactions

Part 2‑3—Unfair contract terms

23 Unfair terms of consumer contracts

24 Meaning of unfair

25 Examples of unfair terms

26 Terms that define main subject matter of consumer contracts etc. are unaffected

27 Standard form contracts

28 Contracts to which this Part does not apply

Chapter 3—Specific protections

Part 3‑1—Unfair practices

Division 1—False or misleading representations etc.

29 False or misleading representations about goods or services

30 False or misleading representations about sale etc. of land

31 Misleading conduct relating to employment

32 Offering rebates, gifts, prizes etc.

33 Misleading conduct as to the nature etc. of goods

34 Misleading conduct as to the nature etc. of services

35 Bait advertising

36 Wrongly accepting payment

37 Misleading representations about certain business activities

38 Application of provisions of this Division to information providers

Division 2—Unsolicited supplies

39 Unsolicited cards etc.

40 Assertion of right to payment for unsolicited goods or services

41 Liability etc. of recipient for unsolicited goods

42 Liability of recipient for unsolicited services

43 Assertion of right to payment for unauthorised entries or advertisements

Division 3—Pyramid schemes

44 Participation in pyramid schemes

45 Meaning of pyramid scheme

46 Marketing schemes as pyramid schemes

Division 4—Pricing

47 Multiple pricing

48 Single price to be specified in certain circumstances

Division 5—Other unfair practices

49 Referral selling

50 Harassment and coercion

Part 3‑2—Consumer transactions

Division 1—Consumer guarantees

Subdivision A—Guarantees relating to the supply of goods

51 Guarantee as to title

52 Guarantee as to undisturbed possession

53 Guarantee as to undisclosed securities etc.

54 Guarantee as to acceptable quality

55 Guarantee as to fitness for any disclosed purpose etc.

56 Guarantee relating to the supply of goods by description

57 Guarantees relating to the supply of goods by sample or demonstration model

58 Guarantee as to repairs and spare parts

59 Guarantee as to express warranties

Subdivision B—Guarantees relating to the supply of services

60 Guarantee as to due care and skill

61 Guarantees as to fitness for a particular purpose etc.

62 Guarantee as to reasonable time for supply

63 Services to which this Subdivision does not apply

Subdivision C—Guarantees not to be excluded etc. by contract

64 Guarantees not to be excluded etc. by contract

64A Limitation of liability for failures to comply with guarantees

Subdivision D—Miscellaneous

65 Application of this Division to supplies of gas, electricity and telecommunications

66 Display notices

67 Conflict of laws

68 Convention on Contracts for the International Sale of Goods

Division 2—Unsolicited consumer agreements

Subdivision A—Introduction

69 Meaning of unsolicited consumer agreement

70 Presumption that agreements are unsolicited consumer agreements

71 Meaning of dealer

72 Meaning of negotiation

Subdivision B—Negotiating unsolicited consumer agreements

73 Permitted hours for negotiating an unsolicited consumer agreement

74 Disclosing purpose and identity

75 Ceasing to negotiate on request

76 Informing person of termination period etc.

77 Liability of suppliers for contraventions by dealers

Subdivision C—Requirements for unsolicited consumer agreements etc.

78 Requirement to give document to the consumer

79 Requirements for all unsolicited consumer agreements etc.

80 Additional requirements for unsolicited consumer agreements not negotiated by telephone

81 Requirements for amendments of unsolicited consumer agreements

Subdivision D—Terminating unsolicited consumer agreements

82 Terminating an unsolicited consumer agreement during the termination period

83 Effect of termination

84 Obligations of suppliers on termination

85 Obligations and rights of consumers on termination

86 Prohibition on supplies etc. for 10 business days

87 Repayment of payments received after termination

88 Prohibition on recovering amounts after termination

Subdivision E—Miscellaneous

89 Certain provisions of unsolicited consumer agreements void

90 Waiver of rights

91 Application of this Division to persons to whom rights of consumers and suppliers are assigned etc.

92 Application of this Division to supplies to third parties

93 Effect of contravening this Division

94 Regulations may limit the application of this Division

95 Application of this Division to certain conduct covered by the Corporations Act

Division 3—Lay‑by agreements

96 Lay‑by agreements must be in writing etc.

97 Termination of lay‑by agreements by consumers

98 Termination of lay‑by agreements by suppliers

99 Effect of termination

Division 4—Miscellaneous

100 Supplier must provide proof of transaction etc.

101 Consumer may request an itemised bill

102 Prescribed requirements for warranties against defects

103 Repairers must comply with prescribed requirements

Part 3‑3—Safety of consumer goods and product related services

Division 1—Safety standards

104 Making safety standards for consumer goods and product related services

105 Declaring safety standards for consumer goods and product related services

106 Supplying etc. consumer goods that do not comply with safety standards

107 Supplying etc. product related services that do not comply with safety standards

108 Requirement to nominate a safety standard

Division 2—Bans on consumer goods and product related services

Subdivision A—Interim bans

109 Interim bans on consumer goods or product related services that will or may cause injury to any person etc.

110 Places in which interim bans apply

111 Ban period for interim bans

112 Interaction of multiple interim bans

113 Revocation of interim bans

Subdivision B—Permanent bans

114 Permanent bans on consumer goods or product related services

115 Places in which permanent bans apply

116 When permanent bans come into force

117 Revocation of permanent bans

Subdivision C—Compliance with interim bans and permanent bans

118 Supplying etc. consumer goods covered by a ban

119 Supplying etc. product related services covered by a ban

Subdivision D—Temporary exemption from mutual recognition principles

120 Temporary exemption under the Trans‑Tasman Mutual Recognition Act 1997

121 Temporary exemption under the Mutual Recognition Act 1992

Division 3—Recall of consumer goods

Subdivision A—Compulsory recall of consumer goods

122 Compulsory recall of consumer goods

123 Contents of a recall notice

124 Obligations of a supplier in relation to a recall notice

125 Notification by persons who supply consumer goods outside Australia if there is compulsory recall

126 Interaction of multiple recall notices

127 Compliance with recall notices

Subdivision B—Voluntary recall of consumer goods

128 Notification requirements for a voluntary recall of consumer goods

Division 4—Safety warning notices

129 Safety warning notices about consumer goods and product related services

130 Announcement of the results of an investigation etc.

Division 5—Consumer goods, or product related services, associated with death or serious injury or illness

131 Suppliers to report consumer goods associated with the death or serious injury or illness of any person

132 Suppliers to report product related services associated with the death or serious injury or illness of any person

132A Confidentiality of notices given under this Division

Division 6—Miscellaneous

133 Liability under a contract of insurance

Part 3‑4—Information standards

134 Making information standards for goods and services

135 Declaring information standards for goods and services

136 Supplying etc. goods that do not comply with information standards

137 Supplying etc. services that do not comply with information standards

Part 3‑5—Liability of manufacturers for goods with safety defects

Division 1—Actions against manufacturers for goods with safety defects

138 Liability for loss or damage suffered by an injured individual

139 Liability for loss or damage suffered by a person other than an injured individual

140 Liability for loss or damage suffered by a person if other goods are destroyed or damaged

141 Liability for loss or damage suffered by a person if land, buildings or fixtures are destroyed or damaged

142 Defences to defective goods actions

Division 2—Defective goods actions

143 Time for commencing defective goods actions

144 Liability joint and several

145 Survival of actions

146 No defective goods action where workers’ compensation law etc. applies

147 Unidentified manufacturer

148 Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard

149 Representative actions by the regulator

Division 3—Miscellaneous

150 Application of all or any provisions of this Part etc. not to be excluded or modified

Chapter 4—Offences

Part 4‑1—Offences relating to unfair practices

Division 1—False or misleading representations etc.

151 False or misleading representations about goods or services

152 False or misleading representations about sale etc. of land

153 Misleading conduct relating to employment

154 Offering rebates, gifts, prizes etc.

155 Misleading conduct as to the nature etc. of goods

156 Misleading conduct as to the nature etc. of services

157 Bait advertising

158 Wrongly accepting payment

159 Misleading representations about certain business activities

160 Application of provisions of this Division to information providers

Division 2—Unsolicited supplies

161 Unsolicited cards etc.

162 Assertion of right to payment for unsolicited goods or services

163 Assertion of right to payment for unauthorised entries or advertisements

Division 3—Pyramid schemes

164 Participation in pyramid schemes

Division 4—Pricing

165 Multiple pricing

166 Single price to be specified in certain circumstances

Division 5—Other unfair practices

167 Referral selling

168 Harassment and coercion

Part 4‑2—Offences relating to consumer transactions

Division 1—Consumer guarantees

169 Display notices

Division 2—Unsolicited consumer agreements

Subdivision A—Negotiating unsolicited consumer agreements

170 Permitted hours for negotiating an unsolicited consumer agreement

171 Disclosing purpose and identity

172 Ceasing to negotiate on request

173 Informing person of termination period etc.

Subdivision B—Requirements for unsolicited consumer agreements etc.

174 Requirement to give document to the consumer

175 Requirements for all unsolicited consumer agreements etc.

176 Additional requirements for unsolicited consumer agreements not negotiated by telephone

177 Requirements for amendments of unsolicited consumer agreements

Subdivision C—Terminating unsolicited consumer agreements

178 Obligations of suppliers on termination

179 Prohibition on supplies for 10 business days

180 Repayment of payments received after termination

181 Prohibition on recovering amounts after termination

Subdivision D—Miscellaneous

182 Certain provisions of unsolicited consumer agreements void

183 Waiver of rights

184 Application of this Division to persons to whom rights of consumers and suppliers are assigned etc.

185 Application of this Division to supplies to third parties

186 Regulations may limit the application of this Division

187 Application of this Division to certain conduct covered by the Corporations Act

Division 3—Lay‑by agreements

188 Lay‑by agreements must be in writing etc.

189 Termination charges

190 Termination of lay‑by agreements by suppliers

191 Refund of amounts

Division 4—Miscellaneous

192 Prescribed requirements for warranties against defects

193 Repairers must comply with prescribed requirements

Part 4‑3—Offences relating to safety of consumer goods and product related services

Division 1—Safety standards

194 Supplying etc. consumer goods that do not comply with safety standards

195 Supplying etc. product related services that do not comply with safety standards

196 Requirement to nominate a safety standard

Division 2—Bans on consumer goods and product related services

197 Supplying etc. consumer goods covered by a ban

198 Supplying etc. product related services covered by a ban

Division 3—Recall of consumer goods

199 Compliance with recall orders

200 Notification by persons who supply consumer goods outside Australia if there is compulsory recall

201 Notification requirements for a voluntary recall of consumer goods

Division 4—Consumer goods, or product related services, associated with death or serious injury or illness

202 Suppliers to report consumer goods etc. associated with the death or serious injury or illness of any person

Part 4‑4—Offences relating to information standards

203 Supplying etc. goods that do not comply with information standards

204 Supplying etc. services that do not comply with information standards

Part 4‑5—Offences relating to substantiation notices

205 Compliance with substantiation notices

206 False or misleading information etc.

Part 4‑6—Defences

207 Reasonable mistake of fact

208 Act or default of another person etc.

209 Publication of advertisements in the ordinary course of business

210 Supplying goods acquired for the purpose of re‑supply

211 Supplying services acquired for the purpose of re‑supply

Part 4‑7—Miscellaneous

212 Prosecutions to be commenced within 3 years

213 Preference must be given to compensation for victims

214 Penalties for contraventions of the same nature etc.

215 Penalties for previous contraventions of the same nature etc.

216 Granting of injunctions etc.

217 Criminal proceedings not to be brought for contraventions of Chapter 2 or 3

Chapter 5—Enforcement and remedies

Part 5‑1—Enforcement

Division 1—Undertakings

218 Regulator may accept undertakings

Division 2—Substantiation notices

219 Regulator may require claims to be substantiated etc.

220 Extending periods for complying with substantiation notices

221 Compliance with substantiation notices

222 False or misleading information etc.

Division 3—Public warning notices

223 Regulator may issue a public warning notice

Part 5‑2—Remedies

Division 1—Pecuniary penalties

224 Pecuniary penalties

225 Pecuniary penalties and offences

226 Defence

227 Preference must be given to compensation for victims

228 Civil action for recovery of pecuniary penalties

229 Indemnification of officers

230 Certain indemnities not authorised and certain documents void

Division 2—Injunctions

232 Injunctions

233 Consent injunctions

234 Interim injunctions

235 Variation and discharge of injunctions

Division 3—Damages

236 Actions for damages

Division 4—Compensation orders etc. for injured persons and orders for non‑party consumers

Subdivision A—Compensation orders etc. for injured persons

237 Compensation orders etc. on application by an injured person or the regulator

238 Compensation orders etc. arising out of other proceedings

Subdivision B—Orders for non‑party consumers

239 Orders to redress etc. loss or damage suffered by non‑party consumers

240 Determining whether to make a redress order etc. for non‑party consumers

241 When a non‑party consumer is bound by a redress order etc.

Subdivision C—Miscellaneous

242 Applications for orders

243 Kinds of orders that may be made

244 Power of a court to make orders

245 Interaction with other provisions

Division 5—Other remedies

246 Non‑punitive orders

247 Adverse publicity orders

248 Order disqualifying a person from managing corporations

249 Privilege against exposure to penalty or forfeiture—disqualification from managing corporations

250 Declarations relating to consumer contracts

Division 6—Defences

251 Publication of advertisement in the ordinary course of business

252 Supplying consumer goods for the purpose of re‑supply

253 Supplying product related services for the purpose of re‑supply

Part 5‑3—Country of origin representations

254 Overview

255 Country of origin representations do not contravene certain provisions

256 Cost of producing or manufacturing goods

257 Rules for determining the percentage of costs of production or manufacture attributable to a country

258 Proceedings relating to false, misleading or deceptive conduct or representations

Part 5‑4—Remedies relating to guarantees

Division 1—Action against suppliers

Subdivision A—Action against suppliers of goods

259 Action against suppliers of goods

260 When a failure to comply with a guarantee is a major failure

261 How suppliers may remedy a failure to comply with a guarantee

262 When consumers are not entitled to reject goods

263 Consequences of rejecting goods

264 Replaced goods

265 Termination of contracts for the supply of services that are connected with rejected goods

266 Rights of gift recipients

Subdivision B—Action against suppliers of services

267 Action against suppliers of services

268 When a failure to comply with a guarantee is a major failure

269 Termination of contracts for the supply of services

270 Termination of contracts for the supply of goods that are connected with terminated services

Division 2—Action for damages against manufacturers of goods

271 Action for damages against manufacturers of goods

272 Damages that may be recovered by action against manufacturers of goods

273 Time limit for actions against manufacturers of goods

Division 3—Miscellaneous

274 Indemnification of suppliers by manufacturers

275 Limitation of liability etc.

276 This Part not to be excluded etc. by contract

276A Limitation in certain circumstances of liability of manufacturer to seller

277 Representative actions by the regulator

Part 5‑5—Liability of suppliers and credit providers

Division 1—Linked credit contracts

278 Liability of suppliers and linked credit providers relating to linked credit contracts

279 Action by consumer to recover amount of loss or damage

280 Cases where a linked credit provider is not liable

281 Amount of liability of linked credit providers

282 Counter‑claims and offsets

283 Enforcement of judgments etc.

284 Award of interest to consumers

285 Liability of suppliers to linked credit providers, and of linked credit providers to suppliers

286 Joint liability proceedings and recovery under section 135 of the National Credit Code

Division 2—Non‑linked credit contracts

287 Liability of suppliers and credit providers relating to non‑linked credit contracts

TOC

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Federal Register of Legislation - Australian Government

Primary content

Competition and Consumer Act 2010