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COMPETITION AND CONSUMER ACT 2010 - SECT 187

Application of amendments

    The amendments made by Part   2 of Schedule   1 to the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 apply in relation to offences committed on or after the commencement of that Schedule.

  This Part sets up a system for regulating international liner cargo shipping services.

  The main components of that system are as follows:

  (a)   registration of conference agreements;

  (b)   regulation of non - conference ocean carriers with substantial market power;

  (c)   regulation of unfair pricing practices;

  (d)   registration of agents of ocean carriers.

  The parties to a conference agreement relating to international liner cargo shipping services may apply for the registration of the agreement.

  If the conference agreement is registered, the parties will be given partial and conditional exemptions from:

  (a)   sections   45AF, 45AG, 45AJ and 45AK (cartel conduct); and

  (b)   section   45 (contracts etc. that restrict dealings or affect competition); and

  (c)   section   47 (exclusive dealing).

  The parties to a registered conference agreement are required to negotiate with, and provide information to, representative shipper bodies.

  The Commission may investigate whether grounds exist for the Minister to deregister a conference agreement.

  The main ground for deregistration is a breach by the parties to the agreement of requirements imposed on them by this Part.

  This Part sets up a special regime for regulating anti - competitive conduct in the telecommunications industry. The regime applies in addition to Part   IV.

  The Part sets out the circumstances in which carriers and carriage service providers are said to engage in anti - competitive conduct .

  A carrier or carriage service provider must not engage in anti - competitive conduct. This rule is called the competition rule .

  The Commission may issue a notice stating that a specified carrier or carriage service provider has engaged, or is engaging, in anti - competitive conduct. The notice is called a Part A competition notice .

  Proceedings for the enforcement of the competition rule (other than proceedings for injunctive relief) must not be instituted unless the alleged conduct is of a kind dealt with in a Part A competition notice that was in force at the time when the alleged conduct occurred.

  The Commission may issue a notice stating that a specified carrier or carriage service provider has contravened, or is contravening, the competition rule. The notice is called a Part B competition notice .

  A Part B competition notice is prima facie evidence of the matters in the notice.

  The Commission may make an order exempting specified conduct from the scope of the definition of anti - competitive conduct . The order is called an exemption order .

  The Commission may make record - keeping rules that apply to carriers and carriage service providers.

  Carriers and carriage service providers may be directed by the Commission to make certain reports available. The direction is called a disclosure direction .

  This Part sets out a telecommunications access regime.

  A carriage service, or a related service, supplied, or capable of being supplied, by a carrier (other than an NBN corporation) or a carriage service provider (other than an NBN corporation) is a declared service if:

  (a)   the Commission has declared the service to be a declared service ; or

  (b)   the service is supplied by the carrier or carriage service provider, and a special access undertaking given by the carrier or carriage service provider is in operation in relation to the service.

  A carriage service, or a related service, supplied, or capable of being supplied, by an NBN corporation is a declared service if:

  (a)   the Commission has declared the service to be a declared service ; or

  (b)   the NBN corporation has formulated a standard form of access agreement that relates to access to the service; or

  (c)   the service is supplied by the NBN corporation, and a special access undertaking given by the NBN corporation is in operation in relation to the service.

  Carriers and carriage service providers who provide declared services are required to comply with standard access obligations in relation to those services.

  The standard access obligations facilitate the provision of access to declared services by service providers in order that service providers can provide carriage services and/or content services.

  The terms and conditions on which carriers and carriage service providers are required to comply with the standard access obligations are subject to agreement.

  If agreement cannot be reached, but the carrier or carriage service provider has given an access undertaking , the terms and conditions are as set out in the access undertaking.

  If agreement cannot be reached, no access undertaking is in operation, but the Commission has made binding rules of conduct, the terms and conditions are as specified in the binding rules of conduct.

  If agreement cannot be reached, no access undertaking is in operation, and no binding rules of conduct have been made, the terms and conditions are as specified in an access determination made by the Commission.

  A carrier, carriage service provider or related body must not prevent or hinder the fulfilment of a standard access obligation.

This Part deals with prohibited conduct by corporations in relation to electricity. It ceases to be in force on 1   January 2026.

Division   2 of this Part sets out the circumstances in which a corporation engages in prohibited conduct .

Responses to a corporation engaging in prohibited conduct include the following:

  (a)   the Commission may issue a public warning notice;

  (b)   the Commission may give the corporation an infringement notice;

  (c)   the Commission may give the corporation a prohibited conduct notice that sets out proposed orders (and the Commission may later give the Treasurer a prohibited conduct recommendation that recommends orders);

  (d)   if the Commission has given the Treasurer a prohibited conduct recommendation, the Treasurer may:

    (i) make a contracting order that requires making offers to enter into electricity financial contracts; and

    (ii) apply to the Court for a divestiture order that requires divestment of interests in assets and securities.

  This Part sets out an enforcement regime for the purposes of finding out whether there has been a contravention of this Act, a gas market instrument or the consumer data rules, Part   20 of the Telecommunications Act 1997 or Part   9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

  Division   2 provides for the appointment of inspectors and the issue of identity cards.

  Division   3 deals with entry to premises with the consent of the occupier of the premises.

  Division   4 deals with entry to premises under a search warrant issued by a magistrate. It sets out the powers available under a search warrant, the obligations of persons entering the premises and the rights and responsibilities of the occupier of the premises.

  Division   5 contains some general provisions relating to the operation of electronic equipment at premises.

This Part sets out a scheme under which designated complainants may make designated complaints to the Commission.

The Commission must respond to a designated complaint within 90 days. If the complaint meets certain criteria, the Commission must give the designated complainant a notice that sets out the actions the Commission proposes to take in response to the complaint.

A designated complainant is an entity that the Minister is satisfied (among other things) represents the interests of consumers or small businesses in Australia in relation to a range of market issues that affect them.

A complaint is treated as a designated complaint if the Commission is satisfied (among other things) that it:

  (a)   relates to a significant or systemic market issue that affects consumers or small businesses in Australia; and

  (b)   relates to a potential breach of this Act or to one or more of the Commission's powers or functions under this Act.

 

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

Schedule   1--The Schedule version of Part   IV

Part   1--Schedule version of Part   IV

Division   1--Cartel conduct

Subdivision A--Introduction

45AA   Simplified outline

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

45AIA   Section   4AB of the Crimes Act does not apply

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

45AM   Cartel 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

Chapter   1--Introduction

1   Application of this Schedule

2   Definitions

3   Meaning of consumer

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

24   Meaning of unfair

25   Examples of unfair terms

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

28A   This Part does not apply to certain contracts connected with financial markets

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

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

137A   Safe harbour for complying with information standards about free range eggs

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

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 - parties

237   Compensation orders etc. on application by an injured person or the regulator

238   Compensation orders etc. arising out of other proceedings

239   Orders to redress etc. loss or damage suffered by non - parties

240   Determining whether to make a redress order etc. for non - parties

241   When a non - party is bound by a redress order etc.

243   Kinds of orders that may be made

243A   Orders made in favour of party to contract containing unfair term

243B   Orders made on application of the regulator to prevent and remedy unfair contract terms

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

Part   3--Application provision relating to the Treasury Laws Amendment (2018 Measures No.   3) Act 2018

295   Application of amendments

Part   4--Application provisions relating to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018

296   Application--listed public companies

297   Application--unsolicited supplies

298   Application--unsolicited consumer agreements

299   Application--single price

300   Application--non - punitive orders

301   Application--guarantees relating to the supply of services

Part   5--Application and transitional provisions relating to the Treasury Laws Amendment (Gift Cards) Act 2018

302   Application of amendments relating to gift cards

Part   6--Application and transitional provisions relating to the Treasury Laws Amendment (2020 Measures No. 6) Act 2020

303   Application of amendments relating to multiple non - major consumer guarantee failures

Part   7--Application provision relating to the Treasury Laws Amendment (More Competition, Better Prices) Act 2022

304   Application of amendments relating to penalties

305   Application of amendments relating to unfair contract terms

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history



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