COMPETITION AND CONSUMER ACT 2010 - SECT 53ZK Infringement notices

COMPETITION AND CONSUMER ACT 2010 - SECT 53ZK

Object

  (1)   The object of this section is for Division   5 of Part   XI to apply to a provision to which this section applies in a corresponding way to the way that Division applies to a provision of Part   2 - 2 of the Australian Consumer Law.

Note:   That Division is about infringement notices issued for alleged contraventions of provisions of the Australian Consumer Law.

  (2)   This section applies to the following provisions:

  (a)   subsection   53ZQ(1);

  (b)   subsection   53ZQ(2);

  (c)   subsection   53ZQ(3);

  (d)   section   53ZV;

  (e)   subsection   53ZW(1);

  (f)   a civil penalty provision of a gas market instrument, other than a provision that is a requirement for a gas market participant to deal with another gas market participant in good faith as mentioned in paragraph   53Q(b).

Extended application of Division   5 of Part   XI etc.

  (3)   Division   5 of Part   XI, and any other provision of this Act that relates to that Division, also apply in relation to a provision to which this section applies as if:

  (a)   the substitutions in the following table were made; and

  (b)   the following substitutions were made:

  (i)   for a reference in item   1 of the table in section   134C to 60 penalty units, substitute a reference to 600 penalty units;

  (ii)   for a reference in that item to 12 penalty units, substitute a reference to 60 penalty units.

  (4)   To avoid doubt, Division   2 of Part   XI does not limit the application of section   53ZZA (about constitutional basis) to the extended application of Division   5 of Part   XI as described in this section.

Judicial power

  (5)   Division   5 of Part   XI, and any other provision of this Act that relates to that Division, have no effect to the extent to which they would otherwise:

  (a)   apply in relation to a provision to which this section applies; and

  (b)   purport to confer judicial power on the Commission.