Home Page / Legislation / Competition and Consumer Act 2010 / s 45AJ

Competition and Consumer Act 2010 (Cth)

Section 45AJ
Making a contract etc. containing a cartel provision

Note: The Harper Reforms came into operation on 6 November 2017 with the commencement of the Competition and Consumer Amendment (Competition Policy Reform) Act 2017. This section was re-numbered from section 44ZZRJ.


The provision

A corporation contravenes this section if:

(a) the corporation makes a contract or arrangement, or arrives at an understanding; and

(b) the contract, arrangement or understanding contains a cartel provision.

Note: For enforcement, see Part VI.


Legislative history

Amended Competition and Consumer Amendment (Competition Policy Reform) Act 2017 (Act 114 of 2017)

The content of this provision did not change - it was simply renumbered (from s 44ZZRJ)

Introduced by Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009

Operative: 24 July 2009


Relevant cases



The insertion of this provision was part of the package of reforms introducing criminal penalties for cartel conduct. The reforms also created a parallel civil cartel prohibition, replacing the former s 45A which dealt directly with price-fixing.

The reforms were initially recommend by the Dawson Committee as part of its 2002-2003 inquiry into the Competition Law provisions of the Trade Practices Act.

See further information and resources on the cartel page.