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COMPETITION AND CONSUMER ACT 2010

Table of Provisions

PART I--PRELIMINARY

  • 1 Short title  
  • 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  
  • 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  
  • 6AA Application of the  

PART II--THE--AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

PART IIA--THE--NATIONAL COMPETITION COUNCIL

PART III--THE--AUSTRALIAN COMPETITION TRIBUNAL

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  
  • 44AIA No merits review of AER decisions  
  • 44AJ How duty is imposed  
  • 44AK When a State/Territory energy law etc. imposes a duty  
  • 44AL Powers of the AER  
  • DIVISION 4--Administrative provisions relating to the AER
  • 44AM Appointment of Commonwealth AER members  
  • 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  
  • 44ARA AER Deputy Chair  
  • 44ARB AER Deputy Chair to act as the AER Chair  
  • 44AS Acting AER Deputy 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  
  • 44AAC Staff etc. to assist the AER  
  • 44AAD Meetings  
  • 44AAE Resolutions without meetings  
  • 44AAEA Arbitration  
  • 44AAEB Divisions of the AER--functions and powers under a law of the Commonwealth  
  • 44AAEC Divisions of the AER--functions and powers under a State/Territory energy law or a local energy instrument  
  • 44AAF Confidentiality  
  • 44AAFA Power of AER to obtain information and documents  
  • 44AAFB Failure to comply with notice to give information etc. is an offence  
  • 44AAFC AER may inspect, copy and retain documents  
  • 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  
  • 44AAK Regulations may deal with transitional matters  

PART IIIAB--APPLICATION--OF THE FINANCE LAW

  • 44AAL Application of the finance law  

PART IIIA--ACCESS--TO SERVICES

DIVISION 1--Preliminary

PART IV--RESTRICTIVE--TRADE PRACTICES

DIVISION 1--Cartel conduct

PART IVB--INDUSTRY--CODES

DIVISION 1--Preliminary

PART IVBA--NEWS--MEDIA AND DIGITAL PLATFORMS MANDATORY BARGAINING CODE

DIVISION 1--Basic concepts
  • 52A Definitions  
  • 52B Making content available  
  • 52C Interacting with content  
  • 52D Distributing content  
  • DIVISION 2--Designated digital platform corporation and designated digital platform services
  • 52E Minister may make designation determination  
  • DIVISION 3--Registered news businesses and registered news business corporations
  • 52F Application for registration of news business and news business corporation  
  • 52G Registration of news business and news business corporation  
  • 52H Revocation of registration or endorsement--general  
  • 52I Revocation of registration or endorsement--false or misleading information or documents  
  • 52J Obligation on registered news business corporation to notify ACMA of loss of qualification for registration  
  • 52K Adding or removing news source from registered news business  
  • 52L Requirements for connection between corporation and news business  
  • 52M Revenue test  
  • 52N Content test  
  • 52O Australian audience test  
  • 52P Professional standards test  
  • DIVISION 4--General requirements
  • 52Q Obligations in respect of digital platform services individually  
  • 52R Giving list and explanation of data provided to registered news businesses  
  • 52S Change to algorithm to bring about identified alteration to distribution of content with significant effect on referral traffic  
  • 52V Section 52S--dominant purpose  
  • 52W Section 52S--significant effect  
  • 52X Recognition of original covered news content  
  • 52Y Facilitating open communication--responsible digital platform corporation for designated digital platform service  
  • 52Z Facilitating open communication--registered news business corporation for registered news business  
  • 52ZA Trade secrets  
  • 52ZB Personal information  
  • DIVISION 5--Non-differentiation
  • 52ZC Digital service to be supplied without differentiating in relation to registered news businesses  
  • DIVISION 6--Bargaining
  • 52ZD Bargaining news business representative for a registered news business  
  • 52ZE Notification of bargaining  
  • 52ZF Application of Subdivision  
  • 52ZG Bargaining parties, core bargaining issues and represented registered news businesses  
  • 52ZH Obligation to negotiate in good faith  
  • 52ZI Obligation to notify Commission if agreement reached  
  • 52ZIA Obligation to participate in mediation  
  • 52ZIB Rules about conduct of mediation  
  • 52ZIC Termination of mediation  
  • 52ZJ Bargaining over other issues  
  • DIVISION 7--Arbitration about remuneration issue
  • 52ZK Register of bargaining code arbitrators  
  • 52ZL Notification of arbitration  
  • 52ZM Formation of arbitral panel  
  • 52ZN Disclosure of conflicts of interest where ACMA appoints member of panel  
  • 52ZO Costs of arbitral panel  
  • 52ZP Chair to notify start of arbitration  
  • 52ZQ Bargaining parties' agreement about dealing with extra services in arbitration  
  • 52ZR Application  
  • 52ZS Obligation to participate in arbitration in good faith  
  • 52ZT Information request by bargaining party--general  
  • 52ZU Information request by bargaining party--challenges by other bargaining party  
  • 52ZV Information request by bargaining party--miscellaneous rules  
  • 52ZW Agreed early termination of arbitration  
  • 52ZX Final offer arbitration  
  • 52ZXA Final offer to be accompanied by information about contracts  
  • 52ZY Final offer arbitration--termination of arbitration if no final offers  
  • 52ZZ Matters to consider in arbitration, etc.  
  • 52ZZA Other requirements for arbitration determination  
  • 52ZZB Submissions of bargaining parties  
  • 52ZZC Role of Commission  
  • 52ZZD Guidelines about conduct of arbitration  
  • 52ZZE Bargaining parties must comply with the determination  
  • DIVISION 8--Enforcement etc.
  • 52ZZF Record generating and keeping  
  • 52ZZG. Infringement notices--Division 4 of this Part  
  • 52ZZH Joint and several liability for pecuniary liabilities  
  • DIVISION 9--Agreements between digital platform corporations and registered news business corporations
  • 52ZZI Simplified outline of this Division  
  • 52ZZJ Standard offers--content  
  • 52ZZK Standard offers--consequences of agreement  
  • 52ZZL Contracting out of general requirements, bargaining and arbitration  
  • 52ZZM Offers relating to general requirements, bargaining and arbitration not prohibited  
  • DIVISION 10--Powers and functions of the ACMA in relation to this Part
  • 52ZZN Powers of the ACMA to obtain information etc.  
  • 52ZZO No Ministerial directions to the ACMA in relation to this Part  
  • DIVISION 11--Miscellaneous
  • 52ZZP Exceptions to Part IV  
  • 52ZZQ Concurrent operation of State and Territory laws  
  • 52ZZR Giving information and producing documents by electronic means  
  • 52ZZS Review of operation of this Part  

PART IVBB--GAS--MARKET

DIVISION 1--Preliminary

PART IVC--PAYMENT--SURCHARGES

DIVISION 1--Preliminary

PART IVD--CONSUMER--DATA RIGHT

DIVISION 1--Preliminary

PART IVE--MOTOR--VEHICLE SERVICE AND REPAIR INFORMATION SHARING SCHEME

DIVISION 1--Objects of Part and simplified outline

PART V--CARBON--TAX PRICE REDUCTION OBLIGATION

DIVISION 1--Preliminary

PART VI--ENFORCEMENT--AND REMEDIES

  • 75B Interpretation  
  • 76 Pecuniary penalties  
  • 76A Defence to proceedings under section 76 relating to a contravention of section 92  
  • 76B Consequences in some cases if substantially the same conduct contravenes a provision of this Act and is an offence  
  • 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  
  • 79 Offences against section 45AF or 45AG  
  • 79A Enforcement and recovery of certain fines  
  • 79B Preference must be given to compensation for victims  
  • 80 Injunctions  
  • 80A Price exploitation in relation to the carbon tax repeal--orders limiting prices or requiring refunds of money  
  • 80AB Stay of injunctions  
  • 80AC Injunctions to prevent mergers if 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 authorisation granted on false etc. information  
  • 82 Actions for damages  
  • 83 Findings and admissions of fact in proceedings to be evidence  
  • 84 Conduct by directors, employees or agents  
  • 85 Defences  
  • 86 Jurisdiction of courts  
  • 86AA Limit on jurisdiction of Federal Circuit and Family Court of Australia (Division 2)  
  • 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  
  • 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 of 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--AND NOTIFICATIONS

DIVISION 1--Authorisations

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
  • 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  
  • 95P Copies of report to be made available  
  • 95Q Notification of proposed prices after receipt of report  
  • 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.  
  • 95ZPA Disclosure of protected information to the Energy Department  
  • 95ZQ Secrecy: persons involved in inquiries by bodies other than the Commission  

PART VIII--RESALE--PRICE MAINTENANCE

PART IX--REVIEW--BY TRIBUNAL OF DETERMINATIONS OF COMMISSION

DIVISION 1--Applications for review
  • 101 Applications for review  
  • 101A Application for review of notices under Division 2 of Part VII  
  • 101B Application for review of notice under section 95AB  
  • 102 Functions and powers of Tribunal  
  • DIVISION 2--Procedure and Evidence
  • 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  

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
  • 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 45AF, 45AG, 45AJ, 45AK and 45  
  • 10.17A Exemptions from sections 45AF, 45AG, 45AJ, 45AK and 45 for freight rate agreements  
  • 10.18 Exemption from section 47  
  • 10.18A Exemptions from section 47 for freight rate agreements  
  • 10.19 Exemptions from sections 45AF, 45AG, 45AJ, 45AK and 45  
  • 10.20 Exemption from section 47  
  • 10.21 Exemptions cease to apply in relation to a shipper at the shipper's option  
  • 10.24 Exemptions from sections 45AF, 45AG, 45AJ, 45AK, 45 and 47 in relation to certain negotiations  
  • 10.24A Exemptions from sections 45AF, 45AG, 45AJ, 45AK, 45 and 47 in relation to stevedoring contracts  
  • DIVISION 6--Registration of conference agreements
  • 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  
  • 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  
  • 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.  
  • 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 inister
  • 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
  • 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  
  • 131D Effect of Part VIB on Chapter 5 of the Australian Consumer Law  
  • 131E Application of the  
  • 131F Section 4AB of the Crimes Act does not apply  
  • 131G Application of the  
  • DIVISION 3--Conferences for proposed bans and recall notices
  • 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  
  • 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  
  • 132H Conduct of conferences  
  • 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
  • 133 Appointment of inspectors  
  • 133A Identity cards  
  • 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  
  • 133D Power to obtain information etc.  
  • 133E Self-incrimination  
  • 133F Compliance with disclosure notices  
  • 133G False or misleading information etc.  
  • 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
  • 135 Inspector may enter premises  
  • 135A Search-related powers of inspectors  
  • 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  
  • 135H Consent  
  • 135J Details of search warrant etc. must be given to the occupier of the premises  
  • 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  
  • 135Q Recovery of reasonable costs of seizing consumer goods or equipment  
  • 135R Destruction or disposal of seized consumer goods or equipment  
  • 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  
  • 135Z Issue of search warrants  
  • 136 Search warrants by telephone, fax etc.  
  • 136A Offence relating to warrants by telephone, fax etc.  
  • 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 unconscionable conduct or unfair contract term  
  • 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 Findings and admissions of fact in proceedings to be evidence  
  • DIVISION 8--Jurisdictional matters
  • 138 Conferring jurisdiction on the Federal Court  
  • 138A Conferring jurisdiction on the Federal Circuit and Family Court of Australia (Division 2)  
  • 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 the Federal Circuit and Family Court of Australia (Division 1)  
  • 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

PART XIA--THE--COMPETITION CODE

PART XIB--THE--TELECOMMUNICATIONS INDUSTRY: ANTI-COMPETITIVE CONDUCT AND RECORD-KEEPING RULES

DIVISION 1--Introduction

PART XIC--TELECOMMUNICATIONS--ACCESS REGIME

DIVISION 1--Introduction

PART XICA--THE--ELECTRICITY INDUSTRY

DIVISION 1--Preliminary
  • 153A Simplified outline of this Part  
  • 153B Part etc. ceases to be in force  
  • 153C Interpretation  
  • 153D Meaning ofin relation to prohibited conduct  
  • DIVISION 2--Prohibited conduct
  • 153E Prohibited conduct--retail pricing  
  • 153F Prohibited conduct--electricity financial contract liquidity  
  • 153G Prohibited conduct--electricity spot market (basic case)  
  • 153H Prohibited conduct--electricity spot market (aggravated case)  
  • 153J Prohibited conduct--purpose  
  • 153K Prohibited conduct may be covered by other provisions  
  • DIVISION 3--Commission responses
  • 153L Commission may give draft public warning notice  
  • 153M Commission may issue public warning notice  
  • 153N Infringement notices  
  • DIVISION 4--Procedure before contracting order or divestiture order
  • 153P Prohibited conduct notices  
  • 153Q Commission may vary or revoke prohibited conduct notice  
  • 153R Commission must give Treasurer prohibited conduct recommendation or no Treasurer action notice  
  • 153S Prohibited conduct recommendations  
  • 153T Commission may vary or revoke prohibited conduct recommendation  
  • 153U No Treasurer action notice  
  • 153V Commission may vary or revoke no Treasurer action notice  
  • DIVISION 5--Contracting orders
  • 153W Conditions for making contracting order  
  • 153X Treasurer may make contracting order  
  • 153Y Variation and revocation of contracting order  
  • 153Z Enforcement of contracting orders  
  • DIVISION 6--Electricity divestiture orders
  • 153ZA Treasurer may apply to Federal Court for divestiture order  
  • 153ZB Making of divestiture order  
  • 153ZBA Arrangements or undertakings in relation to employees  
  • DIVISION 7--Miscellaneous
  • 153ZC Acquisition of property  
  • 153ZD No orders under subsection 76(1) against certain individuals  

PART XICB--ACCESS--TO CS SERVICES

DIVISION 1--Preliminary

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
  • 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  
  • 154K Authorisation of officers assisting  
  • 154L Availability of assistance and use of force in executing a search warrant  
  • 154M Announcement before entry  
  • 154N Details of warrant to be given to occupier  
  • 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.  
  • 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  
  • 154X Issue of search warrants  
  • 154Y Search warrants by telephone, fax etc.  
  • 154Z Offences relating to warrants  
  • 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

PART XIII--APPLICATION--AND TRANSITIONAL PROVISIONS RELATING TO THE COMPETITION PROVISIONS

DIVISION 1--Cartel conduct

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