COMPETITION AND CONSUMER ACT 2010 - SECT 2A Application of Act to Commonwealth and Commonwealth authorities

COMPETITION AND CONSUMER ACT 2010 - SECT 2A

  (1)   Subject to this section and sections   44AC, 44E and 95D, this Act binds the Crown in right of the Commonwealth in so far as the Crown in right of the Commonwealth carries on a business, either directly or by an authority of the Commonwealth.

  (2)   Subject to the succeeding provisions of this section, this Act applies as if:

  (a)   the Commonwealth, in so far as it carries on a business otherwise than by an authority of the Commonwealth; and

  (b)   each authority of the Commonwealth (whether or not acting as an agent of the Crown in right of the Commonwealth) in so far as it carries on a business;

were a corporation.

  (3)   Nothing in this Act makes the Crown in right of the Commonwealth liable to a pecuniary penalty or to be prosecuted for an offence.

  (3A)   The protection in subsection   (3) does not apply to an authority of the Commonwealth.

  (4)   Part   IV does not apply in relation to the business carried on by the Commonwealth in developing, and disposing of interests in, land in the Australian Capital Territory.