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 Criminal Code
PART IIIAA--THE--AUSTRALIAN ENERGY REGULATOR (AER)
Division 1--Preliminary
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
Subdivision A--Appointment etc. of members
PART IIIAB--APPLICATION--OF THE FINANCE LAW
- 44AAL Application of the finance law
PART IIIA--ACCESS--TO SERVICES
Division 1--Preliminary
Division 2--Declared services
Subdivision A--Recommendation by the Council
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
Division 2B--Competitive tender processes for government owned facilities
Division 2C--Register of decisions and declarations
Subdivision A--Scope of Division
Division 6--Access undertakings and access codes for services
Subdivision A--Giving of access undertakings and access codes
Division 6A--Pricing principles for access disputes and access undertakings or codes
Division 7--Enforcement and remedies
Division 8--Miscellaneous
PART IV--RESTRICTIVE--TRADE PRACTICES
Division 1--Cartel conduct
Subdivision A--Introduction
PART IVB--INDUSTRY--CODES
Division 1--Preliminary
Division 2--Contravention of industry codes
- 51ACB Contravention of industry codes
Division 2A--Infringement notices
Division 3--Public warning notices
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
Division 6--Miscellaneous
- 51AE Regulations relating to industry codes
- 51AEAA Functions and powers of Commission under industry codes
- 51AEA Concurrent operation of State and Territory laws
- 51AF Acquisition of property
PART IVBA--NEWS--MEDIA AND DIGITAL PLATFORMS MANDATORY BARGAINING CODE
Division 1--Basic concepts
Division 2--Designated digital platform corporation and designated digital platform services
Subdivision A--Preliminary
- 52Q Obligations in respect of digital platform services individually
Subdivision B--The minimum standards
- 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
Subdivision C--Recognition of original covered news content
- 52X Recognition of original covered news content
Subdivision D--Facilitating open communication
- 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
Subdivision E--Trade secrets and personal information
- 52ZA Trade secrets
- 52ZB Personal information
Division 5--Non-differentiation
Division 6--Bargaining
Subdivision A--Preliminary
- 52ZD Bargaining news business representative for a registered news business
- 52ZE Notification of bargaining
Subdivision B--Bargaining obligations
- 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
Subdivision BA--Mediation
- 52ZIA Obligation to participate in mediation
- 52ZIB Rules about conduct of mediation
- 52ZIC Termination of mediation
Subdivision C--Miscellaneous
- 52ZJ Bargaining over other issues
Division 7--Arbitration about remuneration issue
Subdivision A--Preliminary
- 52ZK Register of bargaining code arbitrators
Subdivision B--Starting arbitration
- 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
Subdivision C--Final offer 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
Subdivision D--Effect of arbitral determination
- 52ZZE Bargaining parties must comply with the determination
Division 8--Enforcement etc.
Division 9--Agreements between digital platform corporations and registered news business corporations
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
Subdivision A--Object and simplified outline
- 53 Object of this Part
- 53A Simplified outline
Subdivision B--Definitions
- 53B Definitions
- 53C Gas market conduct
- 53D Gas market participants
Subdivision C--Geographical application
- 53E Extension to external Territories
- 53F Extraterritorial operation
- 53G Geographical application of offences
- 53H Geographical application--supplies and acquisitions
Subdivision D--Application to government entities
- 53J Gas market provisions bind the Crown
- 53K Application to government entities
Division 2--Gas market instruments
Subdivision A--Gas market instruments
Subdivision A--Civil penalty provisions of gas market instruments
- 53ZJ Civil penalty provisions of gas market instruments
Subdivision B--Infringement notices
- 53ZK Infringement notices
Subdivision C--Public warning notices
- 53ZL Commission may give draft public warning notice
- 53ZM Commission may issue public warning notice
- 53ZN Proceedings for defamation not to lie
Subdivision D--Orders to redress loss or damage suffered by non-parties etc.
- 53ZO Orders to redress loss or damage suffered by non - parties etc.
- 53ZP Kinds of orders that may be made to redress loss or damage suffered by non - parties etc.
Subdivision E--Avoidance schemes
- 53ZQ Schemes for avoidance purposes
- 53ZR Whether it is reasonable to draw conclusion as to purpose
- 53ZS This Subdivision does not limit Division 2
Division 4--Investigation powers
Division 5--Other matters
PART IVC--PAYMENT--SURCHARGES
Division 1--Preliminary
Division 2--Limit on payment surcharges
- 55B Payment surcharges must not be excessive
Division 3--Information about payment surcharges
- 55C Surcharge information notices
- 55D Extending periods for complying with notices
- 55E Participant must comply with notice
Division 4--Infringement notices
PART IVD--CONSUMER--DATA RIGHT
Division 1--Preliminary
Subdivision A--Object and simplified outline
Division 2--Consumer data right
Subdivision A--Power to make consumer data rules
- 56BA Minister may make consumer data rules
- 56BAA Rules must include requirement to delete CDR data on request from CDR consumer
- 56BB Matters that the consumer data rules may deal with
- 56BC Rules about disclosure, collection, use, accuracy, storage, security or deletion of CDR data for which there are CDR consumers
- 56BD Limitations for rules about CDR data for which there are CDR consumers
- 56BE Rules about disclosure, collection, use, accuracy, storage, security or deletion of product data
- 56BF Limitations for rules about product data
- 56BG Rules about designated gateways
- 56BH Rules about accreditation of data recipients
- 56BI Rules about reporting, record keeping and auditing
- 56BJ Rules about incidental or related matters
- 56BK Further limitations on the consumer data rules
Subdivision B--Compliance with consumer data rules
- 56BL Obligation to comply with consumer data rules
- 56BM Infringement notices
- 56BN Misleading or deceptive conduct--offence
- 56BO Misleading or deceptive conduct--civil penalty
Subdivision C--Process for making consumer data rules etc.
- 56BP Minister's tasks before making the rules
- 56BQ Secretary must arrange for consultation and report before the rules are made
- 56BR Commission and Information Commissioner must analyse the proposed rules
- 56BS Emergency rules: public consultation not required etc.
- 56BT Emergency rules: consequences if made
- 56BTA Other matters
Subdivision D--Fees for disclosing CDR data
- 56BU Charging a fee in inappropriate circumstances when required to disclose CDR data
- 56BV Commission may intervene if fee for disclosing or using chargeable CDR data is unreasonable etc.
- 56BW Review by the Tribunal of determinations specifying particular CDR participants
- 56BX Functions and powers of Tribunal
- 56BY Provisions that do not apply in relation to a Tribunal review
Division 3--Accreditation etc.
Subdivision A--Accreditation process
Division 4--External dispute resolution
- 56DA Minister may recognise external dispute resolution schemes
Division 5--Privacy safeguards
Subdivision A--Preliminary
Division 6--Data standards etc.
Subdivision A--Data standards
Division 7--Other matters
PART IVE--MOTOR--VEHICLE SERVICE AND REPAIR INFORMATION SHARING SCHEME
Division 1--Objects of Part and simplified outline
- 57AA Objects of Part
- 57AB Simplified outline
Division 2--Key concepts
Division 4--Information management
Division 5--Dispute resolution
- 57EA Scope of Division
- 57EB Resolving disputes
- 57EC Right to bring proceedings unaffected
- 57ED Attempt to resolve dispute before mediation
- 57EE When is a party taken to have tried to resolve a dispute?
- 57EF Mediation
- 57EG Termination of mediation
- 57EH Costs of mediation
Division 6--Motor vehicle service and repair information scheme adviser
Division 7--Miscellaneous
PART V--CARBON--TAX PRICE REDUCTION OBLIGATION
Division 1--Preliminary
Division 2--Carbon tax price reduction obligation
Division 2A--Carbon tax removal substantiation notices
Division 2B--Carbon tax removal substantiation statements
Division 2C--Statements for customers
- 60FE Statements for customers
Division 3--Price monitoring in relation to the carbon tax repeal etc.
Division 4--False or misleading representations about the effect of the carbon tax repeal etc. on prices
Division 5--Infringement notices
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
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
Division 5--Limits on personal injury damages for 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
Division 2--Notifications
Subdivision A--Exclusive dealing and resale price maintenance
- 93 Notification of exclusive dealing or resale price maintenance
- 93AAA Imposing conditions relating to notifications
Subdivision B--Collective bargaining
- 93AA Definitions
- 93AB Notification of collective bargaining
- 93AC Commission's objection notice
- 93ACA Imposing conditions relating to collective boycott conduct
- 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
- 93AG Stop notice for collective boycott conduct
Subdivision C--Conferences
- 93A Commission to afford opportunity for conference before giving notice
Subdivision D--Register of notifications
- 95 Register of notifications
Division 3--Class exemptions
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
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
Division 5--Price monitoring
- 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
Division 2--Additional restrictive trade practice provisions applying to ocean carriers
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 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
Subdivision B--Exemptions relating to loyalty 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
Subdivision D--Other exemptions
- 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
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
Division 14A--Review of decisions of Commission
Division 14B--Review of decisions of Minister
Division 15--Miscellaneous
PART XI--APPLICATION--OF THE AUSTRALIAN CONSUMER LAW AS A LAW OF THE COMMONWEALTH
Division 1--Preliminary
Division 2--Application of the Australian Consumer Law as a law of the Commonwealth
Subdivision A--Application of the Australian Consumer Law
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
Division 6--Search, seizure and entry
Subdivision A--Powers of inspectors
- 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
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 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 XIA--THE--COMPETITION 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
Division 3--Competition notices and exemption orders
Subdivision A--Competition notices
Division 6--Record-keeping rules and disclosure directions
Division 7--Enforcement of the competition rule, record-keeping rules and disclosure directions
- 151BW Person involved in a contravention of the competition rule, a record - keeping rule or a disclosure direction
- 151BX Pecuniary penalties for breach of the competition rule, 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, 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 9--Treatment of partnerships
- 151CH Treatment of partnerships
Division 10--Review of decisions
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
Division 15--Voluntary undertakingsoriginallygiven by Telstra
- 151DA Authorised conduct--subsection 51(1)
- 151DB Listed points of interconnection
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
Division 3--Standard access obligations
Subdivision A--Category A standard access obligations
- 152AR Category A standard access obligations
- 152ASA Anticipatory class exemptions from category A standard access obligations
- 152ATA Anticipatory individual exemptions from category A standard access obligations
- 152AU Individual exemptions--request for further information
- 152AXA Statement of reasons for decision--specification of documents
Subdivision B--Category B standard access obligations
- 152AXB Category B standard access obligations
- 152AXC NBN corporation to supply declared services on a non - discriminatory basis
- 152AXD NBN corporation to carry on related activities on a non - discriminatory basis
Subdivision C--Compliance with standard access obligations
- 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
Subdivision A--Commission may make 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
- 152BDCB Statutory infrastructure provider standards and rules prevail 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
Division 5--Access undertakings
Subdivision B--Special access undertakings
Division 6--Ministerial pricing determinations
Division 6B--Explanatory material relating to anti-discrimination provisions
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
- 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
- 152EP Regulations about fees for inspection etc. of registers
- 152EQ Assistance to independent telecommunications adjudicator
- 152EQA Voluntary undertakings originally given by Telstra
- 152ER Voluntary undertakings given by Telstra
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 of connected body corporate in 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
Subdivision A--Public warning notices
Division 4--Procedure before contracting order or divestiture order
Subdivision A--Prohibited conduct notices
- 153P Prohibited conduct notices
- 153Q Commission may vary or revoke prohibited conduct notice
Subdivision B--Prohibited conduct recommendations and no Treasurer action notices
- 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
Subdivision A--Treasurer may make 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
PART XICB--ACCESS--TO CS SERVICES
Division 1--Preliminary
Division 2--Declaration of CS services
Division 3--Negotiation of access
- 153ZEH Notification of negotiations under this Division
- 153ZEI Ending negotiations under this Division
- 153ZEJ Conducting negotiations under this Division
- 153ZEK Information request by bargaining party--general
- 153ZEL Information request by bargaining party--miscellaneous rules
Division 4--Notification of access disputes
- 153ZEM Notification of access disputes
- 153ZEN Withdrawal of notifications
Division 5--Arbitration of access disputes
Division 6--Procedure in arbitration
- 153ZEV Subdivision D of Division 3 of Part IIIA to apply
- 153ZEW Commission's powers if information not provided in negotiations
- 153ZEX Sharing information with and requesting advice from ASIC and Reserve Bank
Division 8--Variation and revocation of determinations
Division 9--Enforcement and remedies
Division 10--Miscellaneous
PART XID--SEARCH--AND SEIZURE
Division 1--Preliminary
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
PART XIII--APPLICATION--AND TRANSITIONAL PROVISIONS RELATING TO THE COMPETITION PROVISIONS
Division 1--Cartel conduct
Division 4--Application of amendment made by the Treasury Laws Amendment (2018 Measures No. 5) Act 2019
- 187 Application of amendments