Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMPETITION AND CONSUMER ACT 2010 - SECT 110

Representation

    In proceedings before the Tribunal:

  (a)   a natural person may appear in person;

  (aa)   a person other than a body corporate may be represented by an employee of the person approved by the Tribunal;

  (b)   a body corporate may be represented by an employee, or a director or other officer, of the body corporate approved by the Tribunal;

  (c)   an unincorporated association of persons or a member of an unincorporated association of persons may be represented by a member or officer of the association approved by the Tribunal; and

  (d)   any person may be represented by a barrister or a solicitor of the Supreme Court of a State or Territory or of the High Court.

Rules made under this Part may:

  (a)   enable consumers in certain sectors of the Australian economy to require information relating to themselves in those sectors to be disclosed to themselves or to accredited persons; and

  (b)   enable any person to be disclosed information in those sectors that is about goods (such as products) or services, and does not relate to any identifiable, or reasonably identifiable, consumers; and

  (c)   may require these kinds of disclosures, and other things, to be done in accordance with data standards.

A register is to be kept of accredited persons.

Privacy safeguards apply. These mainly apply to accredited persons who, under those rules, are disclosed information relating to identifiable, or reasonably identifiable, consumers.

This Division sets out privacy safeguards that protect the privacy or confidentiality of CDR consumers' CDR data, whether the CDR consumers are individuals or bodies corporate.

The privacy safeguards apply mainly to accredited persons, but also to data holders and designated gateways, in relation to their handling or future handling of the CDR data.

A person's failure to comply with any of these safeguards may lead to consequences, including liability to a civil penalty (see Subdivision G) or the suspension or revocation of the person's accreditation (see subsection   56BH(3)).

This Part sets up a scheme to improve access by Australian motor vehicle repairers and registered training organisations (called "scheme RTOs") to information used to diagnose faults with, service, repair, modify or dismantle motor vehicles covered by the scheme.

Such information (called "scheme information") is required to be offered for supply to Australian repairers and scheme RTOs at a price that does not exceed fair market value.

Those who supply scheme information (called "data providers") to Australian repairers and scheme RTOs are protected from certain civil claims in doing so.

To protect the safety and security of vehicle owners, individuals working for an Australian repairer or scheme RTO who access scheme information relating to vehicle safety and security must satisfy certain criteria relating to whether they are fit and proper persons to have access to such information.

Sensitive information about such individuals may be obtained by data providers for this purpose. The handling of such information is also restricted under this Part. The information cannot be made available to anyone outside Australia (including to any data provider).

Provision is made for resolving disputes about the application of the Part.

Provision is made for a scheme adviser. The scheme adviser's functions include facilitating mediation of disputes between data providers and Australian repairers or scheme RTOs, and providing information about the operation of the scheme.

  An entity must not engage in price exploitation in relation to the carbon tax repeal.

  The Commission may monitor prices in relation to the carbon tax repeal and the carbon tax scheme.

  An entity must not make false or misleading representations about the effect of the carbon tax repeal, or the carbon tax scheme, on the price for the supply of goods or services.

  An entity that sells electricity or natural gas, or an entity that is a bulk SGG importer and sells synthetic greenhouse gas, will be required to explain and substantiate:

  (a)   how the carbon tax repeal has affected, or is affecting, the entity's regulated supply input costs; and

  (b)   how reductions in the entity's regulated supply input costs that are directly or indirectly attributable to the carbon tax repeal are reflected in the prices charged by the entity for regulated supplies of electricity, natural gas or synthetic greenhouse gas.

  An entity that sells electricity or natural gas to customers, or an entity that is a bulk SGG importer and sells synthetic greenhouse gas to customers, must:

  (a)   give a carbon tax removal substantiation statement to the Commission; and

  (b)   include in the statement the entity's estimate, on an average annual percentage price basis, or an average annual dollar price basis, of the entity's cost savings that have been, are, or will be, attributable to the carbon tax repeal and that have been, are being, or will be, passed on to customers during the financial year that began on 1   July 2014; and

  (c)   provide information with the statement that substantiates such an estimate; and

  (d)   in a case where the entity sells electricity or natural gas to customers--communicate to customers a statement that identifies, on an average annual percentage price basis, or an average annual dollar price basis, the estimated cost savings to customers that are for the financial year that began on 1   July 2014.

  Infringement notices may be issued for certain contraventions of this Part.

 

Commonwealth Coat of Arms of Australia

Competition and Consumer Act 2010

No.   51, 1974

Compilation No.   151

Compilation date:   1 May 2024

Includes amendments:   Act No. 16, 2024

Registered:   6 May 2024

This compilation is in 4 volumes

Volume 1:   sections   1- 53ZZC

Volume 2:   sections   55- 110

Volume 3:   sections   10.01- 187

Volume 4:   Schedules

  Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Competition and Consumer Act 2010 that shows the text of the law as amended and in force on 1 May 2024 (the compilation date ).

The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

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   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

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

Division   1--Preliminary

130   Definitions

130A   Expressions defined in Schedule   2

Division   2--Application of the Australian Consumer Law as a law of the Commonwealth

Subdivision A--Application of the Australian Consumer Law

131   Application of the Australian Consumer Law in relation to corporations etc.

131A   Division does not apply to financial services

131B   Division does not apply to interim bans imposed by State or Territory Ministers

131C   Saving of other laws and remedies

Subdivision B--Effect of other Commonwealth laws on the Australian Consumer Law

131D   Effect of Part   VIB on Chapter   5 of the Australian Consumer Law

131E   Application of the Legislation Act 2003

131F   Section   4AB of the Crimes Act does not apply

131G   Application of the Criminal Code

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

134   Purpose and effect of this Division

134A   Issuing an infringement notice

134B   Matters to be included in an infringement notice

134C   Amount of penalty

134D   Effect of compliance with an infringement notice

134E   Effect of failure to comply with an infringement notice

134F   Infringement notice compliance period for infringement notice

134G   Withdrawal of an infringement notice

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   XIAA--Application of the Australian Consumer Law as a law of a State or Territory

140   Definitions

140A   Object of this Part

140B   The applied Australian Consumer Law

140C   Federal Court may exercise jurisdiction under application laws of Territories

140D   Exercise of jurisdiction under cross - vesting provisions

140E   Commonwealth consent to conferral of functions etc. on Commonwealth entities

140F   How duty is imposed

140G   When an application law imposes a duty

140H   Application laws may operate concurrently with this Act

140J   No doubling - up of liabilities

140K   References in instruments to the Australian Consumer Law

Part   XIA--The Competition Code

150A   Definitions

150B   Objects of this Part

150C   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

150FA   How duty is imposed

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

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

151AJ   Anti - competitive conduct

151AK   The competition rule

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   6--Record - keeping rules and disclosure directions

151BU   Commission may make record - keeping rules

151BUAA   Minister may give directions to Commission

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

151BUDC   Carrier 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, 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   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

151CMC   Examples of matters that may be specified in a determination under section   151CMA or 151CMB

Division   15--Voluntary undertakings originally given by Telstra

151CMD   Voluntary undertakings originally given by Telstra

151CQ   Voluntary undertakings given by Telstra

Division   16--NBN corporations

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

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

152AQC   Compensation for acquisition of property

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

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

152BCCB   Statutory infrastructure provider standards and rules prevail 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

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

152BE   Access agreements

152BEA   Quarterly reports about access agreements

152BEB   Commission may request copy of access agreement or variation 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

152BEBH   Statutory infrastructure provider standards prevail over inconsistent access agreements

152BEBI   Statutory infrastructure provider rules prevail over inconsistent access agreements

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

152CBDA   Variation 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

152CBIA   Special access undertakings prevail over inconsistent access determinations

152CBIB   Special access undertakings prevail over inconsistent binding rules of conduct

152CBIC   Access agreements prevail over special access undertakings

152CBID   Statutory infrastructure provider standards and rules prevail over inconsistent special access undertakings

152CBJ   Proposed service

Subdivision C--General provisions

152CC   Register of access undertakings

152CD   Enforcement of access undertakings

152CDA   Deferral 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

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

153L   Commission may give draft public warning notice

153M   Commission may issue public warning notice

Subdivision B--Infringement notices

153N   Infringement 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

153W   Conditions for making contracting order

153X   Treasurer may make contracting order

153Y   Variation and revocation of contracting order

Subdivision B--Enforcement of contracting orders

153Z   Enforcement of 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

153ZC   Acquisition of property

153ZD   No orders under subsection   76(1) against certain individuals

Part   XICB--Access to CS services

Division   1--Preliminary

153ZEA   Objects of Part

153ZEB   Definitions

153ZEC   How this Part applies to partnerships and joint ventures

153ZED   Constitutional limits on operation of this Part

153ZEE   This Part binds the Crown

Division   2--Declaration of CS services

153ZEF   Minister may declare a CS service

153ZEG   Amendment and revocation of declarations

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

153ZEO   Parties to the arbitration

153ZEP   Determination by Commission

153ZEQ   Restrictions on access determinations

153ZER   Matters that the Commission must take into account

153ZES   Time limit for Commission's final determination

153ZET   Arbitration reports

153ZEU   Commission may terminate arbitration in certain cases

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   7--Effect of determinations

153ZEY   Operation of final determinations

153ZEZ   Effect and duration of interim determinations

Division   8--Variation and revocation of determinations

153ZFA   Variation and revocation of determinations

Division   9--Enforcement and remedies

153ZFB   Prohibition on hindering access to declared services

153ZFC   Division   7 of Part   IIIA to apply

Division   10--Miscellaneous

153ZFD   Register of determinations

153ZFE   Provisions of Division   8 of Part   IIIA to apply

Part   XID--Search and seizure

Division   1--Preliminary

154   Simplified outline

154A   Definitions

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   XIE--Designated complaints

Division   1--Preliminary

154ZD   Simplified outline of this Part

154ZE   Definitions

Division   2--Commission handling of designated complaints

154ZF   Designated complaints

154ZG   Commission to respond by giving notice

154ZH   Notice--no further action on complaint

154ZJ   Notice--no further action on complaint--contents

154ZK   Notice--further action to deal with complaint

154ZL   Replacement notices

154ZM   Withdrawal of complaint

154ZN   Publication requirements

Division   3--Designated complainants

154ZP   Application for approval as designated complainant

154ZQ   Minister may grant approval

154ZR   Conditions in approval

154ZS   Contents of approval

154ZT   Notice of decision on application for approval

154ZU   Variation or revocation of approval

154ZV   Minister may vary or revoke approval

154ZW   Contents of variation or revocation of approval

154ZX   Notice of decision on application for variation or revocation of approval

Division   4--Miscellaneous

154ZY   Delegation

154ZZ   Designated complaints determination

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

157A   Disclosure of energy - related information by Commission

157AA   Disclosure of CDR - related 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

158A   Proceedings without initiation notice--use of virtual enquiry technology

158B   Proceedings with initiation notice--use of virtual enquiry technology

159   Incriminating answers

160   Failure of witness to attend

161   Refusal to be sworn or to answer questions

162   Contempt

162A   Intimidation etc.

163   Prosecutions

163A   Declarations and orders

165   Inspection of, furnishing of copies of, and evidence of, documents

166   Certificates as to furnishing of particulars to Commission

167   Judicial notice

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

172   Regulations

173   Authorisation for the purposes of subsection   51(1)

Part   XIII--Application and transitional provisions relating to the competition provisions

Division   1--Cartel conduct

174   Definitions

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

177   Authorisations in force before the commencement time

178   Notifications in force before the commencement time

Division   2--Application of amendments made by the Competition and Consumer Legislation Amendment Act 2011

179   Amendments of section   50

Division   3--Application of amendments made by the Competition and Consumer Amendment (Competition Policy Review) Act 2017

180   Definitions

181   Amendment of the definition of competition

182   Orders under section   87

183   Authorisations under section   88

184   Notices under section   93

185   Merger clearances and authorisations

Division   4--Application of amendment made by the Treasury Laws Amendment (2018 Measures No.   5) Act 2019

186   Application of repeal of subsection   51(3)

Division   5--Application of amendments made by the Treasury Laws Amendment (More Competition, Better Prices) Act 2022

187   Application of amendments



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback