Legislation
Competition and Consumer Act 2010 (Cth)
Consolidated and annotated
Harper reforms: As a result of recommendations by the Harper Panel in 2015, significant changes to the Act passed and commenced on 6 November 2017. The site has been updated to reflect these changes. An updated offical consolidation is also now available at the Federal Register of Legislation.
For a summary of the changes see my blog post or for more details see:
Part I - Preliminary
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
4A Subsidiary, holding and related bodies corporate
4C Acquisition, supply and re supply
4D Exclusionary provisions (repealed)
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
4K Loss or damage to include injury
4KA Definitions etc. that do not apply in Part XI or Schedule 2
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
Part II - The Australian Competition and Consumer Commission
6A Establishment of Commission
8 Terms and conditions of appointment
8AB State/Territory AER members taken to be associate members
13 Termination of appointment of members of the Commission
14 Termination of appointment of associate members of the Commission
17 Disclosure of interests by members
19 Chairperson may direct Commission to sit in Divisions
26 Delegation by Commission in relation to unconscionable conduct and consumer protection
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
29B Functions and powers of Council
29BA Commonwealth consent to conferral of functions etc. on Council
29BC When a State/Territory energy law imposes a duty
29D Terms and conditions of office
29F Remuneration of Councillors
29H Termination of appointment of Councillors
29I Resignation of Councillors
29J Arrangement of Council business
29K Disclosure of interests by Councillors
Part III - The Australian Competition Tribunal
29P Definition (repealed)
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
35 Suspension and removal of members of Tribunal
37 Constitution of Tribunal for particular matters
39 President may give directions
40 Disclosure of interests by members of Tribunal
41 Presidental member to preside
43 Member of Tribunal ceasing to be available
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 IIIAB - Application of the finance law
44AAL Application of the finance law
Part IIIA - Access to Services
Division 1—Preliminary
44C How this Part applies to partnerships and joint ventures
44CA Meaning of declaration criteria
44D Meaning of designated Minister
44DA The principles in the Competition Principles Agreement have status as guidelines
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
44KA Tribunal may stay operation of 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 CA - Revocation of Commonwealth Minister's decision 
44NBA Recommendation by Council
44NBB Council may request information
44NBC Decision by Commonwealth Minister
Subdivision D - Procedural provisions
44NC Time limit for Council recommendations
44NE Council may invite public submissions
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
Division 2C - Register of decisions and declarations
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
Note: Provisions in Division 1 were renumbered as part of the Harper Reforms and some provisions were amended (these feature the Harpered symbol). All provisions in this Division have been updated to reflect these changes.
Subdivision A - Introduction
45AA Simplified outline (previously 44ZZRA)
45AB Definitions (previously 44ZZRB)
45AC Extended meaning of party (previously 44ZZRC)
45AD Cartel provisions (previously 44ZZRD)
45AE Meaning of expressions in other provisions of this Act (previously 44ZZRE)
Subdivision B - Offences etc.
45AF Making a contract etc. containing a cartel provision (previously 44ZZRF)
45AG Giving effect to a cartel provision (previously 44ZZRG)
45AH Determining guilt (previously 44ZZRH)
45AI Court may make related civil orders (previously 44ZZRI)
Subdivision C - Civil penalty provisions
45AJ Making a contract etc. containing a cartel provision (previously 44ZZRJ)
45AK Giving effect to a cartel provision (previously 44ZZRK)
Subdivision D - Exceptions
45AL Conduct notified (previously 44ZZRL)
45AM Cartel provision subject to grant of authorisation (previously 44ZZRM)
45AN Contracts, arrangements or understandings between related
bodies corporate (previously 44ZZRN)
45AO Joint ventures—prosecution (previously 44ZZRK)
45AP Joint ventures—civil penalty proceedings (previously 44ZZRK)
44ZZRQ Covenants affecting competition (repealed)
45AQ Resale price maintenance (previously 44ZZRR)
45AR Exclusive dealing (previously 44ZZRS)
45AS Dual listed company arrangement (previously 44ZZRT)
45AT Acquisition of shares or assets (previously 44ZZRU)
45AU Collective acquisition of goods or services by the parties to a
contract, arrangement or understanding (previously 44ZZRV)
Division 1A - Anti-competitive disclosure of pricing and other information (repealed)
This division came into operation on 6 June 2012. It was repealed as a result of the Harper Reforms (effective 6 November 2017). I have retained links to these provisions for historical reference only.
44ZZT Goods and services to which this Division applies
44ZZU Provisions affecting whether a corporation has disclosed information to a person
44ZZV Meaning of private disclosure to competitors
44ZZW Corporation must not make private disclosure of pricing information etc. to competitors
44ZZY Exceptions that apply to sections 44ZZW and 44ZZX
44ZZZ Additional exceptions that only apply to section 44ZZW
44ZZZB Mere receipt of information does not constitute being knowingly involved in contravention
Division 2 - Other provisions
45 Contracts, arrangements or understandings that restrict dealings or affect competition
45B Covenants affecting competition (repealed)
45C Covenants in relation to prices (repealed)
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
45EA Provisions contravening section 45E not to be given effect
45EB Sections 45D to 45EA do not affect operation of other provisions of Part
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
49 Dual listed company arrangements that affect competition
50 Prohibition of acquisitions that would result in a substantial
lessening of competition
Part IVA - Unconscionable Conduct [repealed 1 January 2011]
[Note, this part related to consumer protection, not competition law; it was repealed with the introduction of the Australian Consumer Law on 1 January 2011)]
Part IVB - Industry Codes
[Note, this part relates to consumer protection, not competition law]
Part IVC - Payment surcharges
Division 1 - Preliminary
55 Object of this Part
55A Definitions
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
55F Purpose and effect of this Division
55G Issuing an infringement notice
55H Matters to be included in an infringement notice
55J Amount of penalty
55K Effect of compliance with an infringement notice
55L Effect of failure to comply with an infringement notice
55M Infringement notice compliance period for infringement notice
55N Withdrawal of an infringement notice
Part V - Carbon tax price reduction obligation
[Note, this part previously related to consumer protection. It was repealed on 1 January 2011 with the introduction of the Australian Consumer Law (now contained in Schedule 2 of the Act. In 2014 a new Part V was inserted by the Clean Energy Legislation (Carbon Tax Repeal) Bill 2014 dealing with Carbon tax price reduction obligations]
Division 1 - Preliminary
60 Simplified outline of this Part
60AA Objects etc.
60A Definitions
60B Regulated goods
Division 2 - Carbon tax price reduction obligation
60C Price exploitation in relation to the carbon tax repeal
60CA Failure to pass on cost savings - 250% penalty
60D Notice to entity that is considered to have engaged in price exploitation in relation to the carbon tax repeal
60E Commission may issue notice to aid prevention of price exploitation in relation to the carbon tax repeal
60F Acquisition of property
Division 2A - Carbon tax removal substantiation notices
60FA Carbon tax removal substantiation notices
60FB Extending periods for complying with carbon tax removal substantiation notices
60FC Compliance with carbon tax removal substantiation notices
Division 2B - Carbon tax removal substantiation statements
60FD 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.
60G Commission may monitor prices in relation to the carbon tax repeal etc.
60H Information gathering powers
60J Reporting
Division 4 - False or misleading representations about the effect of the carbon tax repeal etc. on prices
60K False or misleading representations about the effect of the carbon tax repeal etc. on prices
Division 5 - Infringement notices
60L Issuing an infringement notice
60M Effect of compliance with an infringement notice
60N Effect of failure to comply with an infringement notice
60P Infringement notice compliance period for infringement notice
60Q Withdrawal of an infringement notice
60R Effect of this Division
Part VA - Liability of Manufacturers and Importers for Defective Goods [repealed 1 January 2011]
[Note, this part related to consumer protection, not competition law; it was repealed with the introduction of the Australian Consumer Law on 1 January 2011)]
Part VB - Price exploitation in relation to A New Tax System [repealed]
[Note, this part related to consumer protection, not competition law]
Part VC - Offences [repealed 1 January 2011]
[Note, this part related to consumer protection, not competition law; it was repealed with the introduction of the Australian Consumer Law on 1 January 2011)]
Part VI - Enforcement and Remedies
76A Defence to proceedings under section 76 relating to a contravention of section 92
76C Defence to proceedings relating to exclusionary provisions (repealed)
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
79 Offences against section 45AF or 45AG
79A Enforcement and recovery of certain fines
79B Preference must be given to compensation for victims
80A Price exploitation in relation to the carbon tax repeal - orders limiting prices or requiring refunds of money
81 Divestiture where merger contravenes section 50 or 50A
81A Divestiture where merger done under authorisation granted on false etc. information
83 Finding in proceedings to be evidence
84 Conduct by directors, employees or agents
86AA Conferring jurisdiction on the Federal Circuit Court
86D Punitive orders - adverse publicity
86E Order disqualifying a person from managing corporations
86F Privilege against exposure to penalty - disqualification from managing corporations
87B Enforcement of undertakings
87C Enforcement of undertakings - Secretary to the Department
Part VIA - Proportionate liability for misleading and deceptive conduct
[Note, this part relates to consumer protection, not competition law]
Part VIB - Claims for damages or compensation for death or personal injury
[Note, this part relates to consumer protection, not competition law]
Part VII - Authorisations and notifications
Division 1 - Authorisations
87ZP Definitions [previously numbered s 87ZD]
88 Power of Commission to grant authorisations
89 Procedure for applications and the keeping of a register
90 Determination of applications for authorisation
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 authorisations
91B Revocation of authorisation
91C Revocation of an authorisation and substitution of a replacement
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
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
Division 3 - Class exemptions
Note: This whole division was repealed and substituted with new provisions as part of the Harper Reforms. It was previously the division associated with 'Merger clearances and authorisations'. The provisions have been updated to reflect this change
95AA Commission may determine class exemptions
95AB Commission may withdraw the benefit of class exemption in particular case
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
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
98 Withholding the supply of goods
Part IX - Review by Tribunal of Determinations of Commission
Division 1 - Applications for review
101A Application for review of notices under Division 2 of Part VII
Division 2 - Procedure and Evidence
102A Definition (repealed)
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
Division 3 - Review of Commission’s determinations on merger clearances (repealed)
111 Applications for review (repealed)
112 Tribunal to notify Commission (repealed)
113 Commission to give material to Tribunal (repealed)
114 Tribunal may consult etc. to clarify information (repealed)
115 Commission to assist Tribunal (repealed)
116 Tribunal only to consider material before the Commission (repealed)
117 Tribunal to make decision on review (repealed)
118 Time limits for making review decision (repealed)
119 Tribunal’s decision taken to be Commission’s (repealed)
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 24 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
[Sections 130-139G: This part applies to consumer protection rather than competition law provisions]
Part XIAA - Application of the Australian Consumer Law as a law of a State or Territory
[Sections 140-140K: Consumer rather than competition provisions]
Part XIA - 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
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
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 15 - Miscellaneous
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 [repealed in 2010]
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
151BUDCCarrier 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
151CMCExamples of matters that may be specified in a determination under section 151CMA or 151CMB
Division 13 - Review of operation of this Part [repealed]
[Division 13 [incorporating s 151CN] repealed by Omnibus Repeal Day (Autumn 2014) Act 2014]
Division 14 - Operational separation for Telstra
151CP Operational separation for Telstra
Division 15 - Voluntary undertakings given by Telstra
151CQ Voluntary undertakings given by Telstra
Division 16 - NBN corporations
151DA Authorised conduct - subsection 51(1)
151DB Listed points of interconnection
[Sections 151DC and 151DD repealed by Omnibus Repeal Day (Autumn 2014) Act 2014]
Part XIC - Telecommunications Access Regime
Division 1 - Introduction
152AB Object of this Part
152AC Definitions
152AD This Part binds the Crown
152AE Extension to external Territories
152AF Access
152AG Access seeker
152AGA Designated superfast telecommunications network
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
152AQCCompensation for acquisition of property
Division 3 - Standard access obligations
152AR Standard access obligations
152ARB Layer 2 bitstream services-carriers and carriage service providers to carry on related activities on a non-discriminatory basis
152ARA Layer 2 bitstream services to be supplied on a non-discriminatory basis
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
152AYAAncillary 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
152BDAAMatters 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
152BEBA NBN corporation to give the Commission a statement about the differences between an access agreement and a standard form of access agreement
152BEBB NBN corporation to give the Commission a statement about the differences between an access agreement and a special access undertaking
152BEBC NBN corporation to give the Commission a statement about the differences between an access agreement and an access determination
152BEBD Register of NBN Access Agreement Statements
152BEBE Layer 2 bitstream services-carrier or carriage service provider to give the Commission a statement about the differences between an access agreement and a special access undertaking
152BEBF Layer 2 bitstream services-carrier or carriage service provider to give the Commission a statement about the differences between an access agreement and an access determination
152BEBG Register of Layer 2 Bitstream Access Agreement Statements
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
152CBDAVariation 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
152CBIASpecial access undertakings prevail over inconsistent access determinations
152CBIB Special access undertakings prevail over inconsistent binding rules of conduct
152CBICAccess agreements prevail over special access undertakings
152CBJ Proposed service
Subdivision C - General provisions
152CC Register of access undertakings
152CD Enforcement of access undertakings
152CDADeferral 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 6A - Supply of services by NBN corporations
152CJA Supply of services by NBN corporations
152CJB Mandatory NBN services
152CJC Carrier licence condition
152CJD Service provider rule
152CJE Judicial enforcement of obligations
152CJF Standard form of access agreement
152CJG When NBN corporation is not capable of supplying a carriage service
Division 6B - Explanatory material relating to anti-discrimination provisions
152CJH 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
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
Division 2 - Appointment of inspectors and identity cards
Division 3 - Entry to premises with consent
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
[Note, I didn't miss it; there is no s 154I]
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
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
154Y Search warrants by telephone, fax etc.
154Z Offences relating to warrants
Subdivision G - Powers of magistrates
Division 5 - General provisions relating 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 (repealed)
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.
165 Inspection of, furnishing of copies of, and evidence of,
documents
166 Certificates as to furnishing of particulars to Commission
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
Part XIII - Application and transitional provisions relating to the competition provisions
Division 1 - Cartel conduct
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
Division 2 - Application of amendments made by the Competition and Consumer Amendment 2011
179 Amendments of section 50
Division 3 - Application of amendments made by the Competition and Consumer Amendment (Competition Policy Review) Act 2017
Schedule 1 - The Schedule versions of Part IV
Division 1 - Cartel conduct
[Note, re-numbered on 6 November 2017 as part of Harper reforms]
Subdivision A - Introduction
45AA Simplified outline (renumbered s 45AA)
45AB Definitions
45AC Extended meaning of party
45AD Cartel provisions
45AE Meaning of expressions in other provisions of this Act
Subdivision B - Offences etc.
45AF Making a contract etc. containing a cartel provision
45AG Giving effect to a cartel provision
45AH Determining guilt
45AI Court may make related civil orders
Subdivision C - Civil penalty provisions
45AJ Making a contract etc. containing a cartel provision
45AK Giving effect to a cartel provision
Subdivision D - Exceptions
45AL Conduct notified
45AMCartel provision subject to grant of authorisation
45AN Contracts, arrangements or understandings between related bodies corporate
45AO Joint ventures—prosecution
45AP Joint ventures—civil penalty proceedings
45AQ Resale price maintenance
45AR Exclusive dealing
45AS Dual listed company arrangement
45AT Acquisition of shares or assets
45AU 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
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
[Note, this part relates to consumer protection, not competition law. Some of the key consumer protections, including prohibitions against misleading conduct, unfair terms and unconsionable conducts, are linked below.]
Chapter 1 - Introduction
1 Application of this Schedule
2 Definitions
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 in connection with goods or services
22 Matters the court may have regard to for the purposes of section 21
22A Presumptions relating to whether representations are misleading
Part 2-3 Unfair contract terms
23 Unfair terms of consumer contracts and small business contracts
26 Terms that define main subject matter of consumer contracts or small business 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.
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 3A—Gift cards [effective 26 October 2018]
Subdivision A - Introduction
99A Meaning of gift card
Subdivision B - Requirements relating to gift cards
99B Gift cards to be redeemable for at least 3 years
99C When gift card ceases to be redeemable to appear prominently on gift card
99D Terms and conditions not to allow post-supply fees
99E Post-supply fees not to be demanded or received
99F Certain terms and conditions of gift card void
Subdivision C - Miscellaneous
99G Regulations may limit application of this Division
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 etc.
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 3A—Gift cards [effective 26 October 2018]
191A Gift cards to be redeemable for at least 3 years
191B When gift card ceases to be redeemable to appear prominently on gift card
191C Terms and conditions not to allow post-supply fees
191D Post-supply fees not to be demanded or received
191E Regulations may limit the application of this Division
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 and small business 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
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
Chapter 6 - Application and transitional provisions
Part 1—Application and transitional provisions relating to the Consumer Credit Legislation Amendment (Enhancements) Act 2012
288 Application of amendments relating to lay-by agreements
289 Application of amendment relating to repairs
290 Saving of regulations relating to repairs
Part 1A—Application provision relating to the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015
290A Application
Part 2—Application and transitional provisions relating to the Competition and Consumer Amendment (Competition Policy Review) Act 2017
291 Application of amendments relating to confidentiality of notices
292 Application of amendments relating to prohibition on supplies