Commonwealth Consolidated Regulations

COMPETITION AND CONSUMER REGULATIONS 2010

- made under the Competition and Consumer Act 2010

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of Regulations  
   2.      Interpretation  
   3.      Computation of time  
   4.      Directions in Forms  
   4A.     Approved form  

   PART 2--GENERAL

   4AA.    Registrar of the Tribunal  
   5.      Seal of the Commission  
   6.      Offices of Commission  
   6AA.    Federal Court orders about energy laws  
   6A.     Application to Council for declaration recommendation  
   6B.     Application to the Council for a recommendation on the effectiveness of an access regime  
   6BA.    Application to the Council for a recommendation to revoke a decision that a regime is an effective access regime  
   6C.     Notification of access dispute  
   6D.     Withdrawal of notification  
   6E.     Summons to witness--access arbitration  
   6F.     Costs of an access arbitration  
   6FA.    Approval of competitive tender process for construction and operation of a facility--content of application  
   6FB.    Approval of competitive tender process for construction and operation of a facility--requirements for tender process  
   6FC.    Report on conduct of tender process  
   6G.     Application for registration of a contract for access  
   6H.     Inspection of Part IIIA registers and copies of documents  
   6I.     Evidence of Part IIIA register documents  
   6J.     Access Codes prepared by industry bodies (Act, section 44ZZAA)  
   7.      Australian Energy Regulator may disclose information to prescribed persons and bodies (Act paragraph 44AAF(3)(e))  
   7A.     Prescribed energy laws (Act subparagraph 4(1)(c)(ii))  
   7AA.    Australian Energy Regulator functions  
   7B.     Merits review by Tribunal (Act subsection 44ZZR(2))  
   7C.     Register of applications for review under State/Territory energy law (Act subsection 44ZZR(2))  
   7D.     Confidentiality claims etc (Act subsection 44ZZR(2))  
   8.      Prescribed association or body for purposes of paragraph 51(2)(c) of the Act  
   8A.     Professional standards schemes  
   9.      Period after which notice of resale price maintenance comes into force  
   11.     Service of documents on the Commission  
   12.     Service of documents on persons other than the Commission  
   13.     Recording of date of receipt of applications or notices  
   14.     Evidence in respect of receipt etc of documents  
   15.     Seal of the Tribunal  
   16.     Hours of Registrar's office  
   17.     Title of proceedings before the Tribunal  
   18.     Filing or lodging of documents with the Registrar  
   19.     File number of proceedings  
   20.     Applications for review  
   20A.    Applications for review of certain access decisions  
   21.     Address for service in proceedings before Tribunal  
   22.     Directions by the Tribunal as to certain matters  
   22A.    Evidence of persons not attending the Tribunal  
   22B.    Participation in review of certain access decisions  
   23.     Orders and determinations of Tribunal  
   24.     Confidentiality  
   25.     Summons to witness  
   26.     Continuance of proceedings and matters notwithstanding non - compliance with Regulations or direction  
   27.     Inspection of, and furnishing of copies of, documents  
   28.     Fees  
   28A.    Services and activities for which the Commission may charge  
   28AA.   Protection of persons appearing on another person's behalf  

   PART 2A--REVIEW--BY TRIBUNAL OF ACCESS DETERMINATIONS

   28B.    Definitions for Part 2A  
   28C.    Applications for review  
   28D.    Notice about participation in a review  
   28E.    Participants in a review  
   28F.    Constitution of the Tribunal for conduct of a review  
   28G.    Member of Tribunal presiding  
   28H.    Reconstitution of Tribunal  
   28I.    Determination of question  
   28J.    Disclosure of interests by members of Tribunal  
   28K.    Hearing to be in private  
   28L.    Representation at a review hearing  
   28M.    Procedure of Tribunal  
   28N.    Summons to witness--review hearing  
   28P.    Taking of evidence by a single member  
   28Q.    Application of regulations  

   PART 2BA--CONSUMER--DATA RIGHT

   28RA.   Application of privacy safeguards in the energy sector  
   28RAA.  Modification of authorisation to disclose CDR data before being required to do so--initial and larger retailers  
   28RB.   Modifications of certain provisions for parts of the banking sector  

   PART 2B--TELECOMMUNICATIONS--ACCESS REGIME

           Division 1--Definitions for Part 2B

   28R.    Definitions  

           Division 2--Access generally

   28S.    Billing information  

           Division 4--Documents

   28Y.    Definition  
   28Z.    Copies of documents in Part XIB or Part XIC register  

   PART 3--INTERNATIONAL--LINER CARGO SHIPPING

   29.     Interpretation  
   30.     Office of the Registrar  
   31.     Fees  
   32.     Register of conference agreements: prescribed particulars  
   33.     Register of designated shipper bodies: prescribed particulars  
   34.     Register of non - conference ocean carriers with substantial market power: prescribed particulars  
   35.     Register of obligations concerning unfair pricing practices: prescribed particulars  
   36.     Register of ocean carrier agents: prescribed particulars  
   37.     Loyalty agreements: notifications relating to exemptions: prescribed particulars  
   38.     Application for provisional registration of conference agreement  
   38A.    Special circumstances for inwards conference agreement  
   39.     Notice about negotiations  
   40.     Application for final registration of a conference agreement  
   41.     Form of abstract  
   42.     Notice of the happening of an affecting event  
   43.     Undertakings  
   44.     Application by ocean carrier for registration of agent  
   45.     Notice of change of agent etc  
   46.     Manner of making applications and giving notices  
   47.     Verification of documents  

   PART 5--AUTHORISATIONS--, NOTIFICATIONS AND CLEARANCES IN RESPECT OF RESTRICTIVE TRADE PRACTICES--PRESCRIBED MATTERS

   71A.    Collective bargaining contracts--motor vehicle fuel for retail sale  
   71B.    Collective bargaining contracts--motor vehicles for retail sale  
   71C.    Collective bargaining contracts--farm machinery for retail sale  
   71D.    Collective bargaining contracts--primary production  
   75.     Waiver of fee for application relating to non - merger authorisation  
   76.     Search and Seizure--identity card for inspectors  

   PART 6--AUSTRALIAN--CONSUMER LAW

   77A.    Prescribed amount--acquiring goods or services as a consumer  
   77.     Prescribed requirements for definition of assert a right to payment  
   78.     Prescribed requirements for warning statements  
   79.     Specification of body  
   80.     Specification of person  
   80A.    Single price does not apply to surcharges on food or beverage in restaurants  
   81.     Agreements that are not unsolicited consumer agreements--general  
   82.     Information relating to identity of dealer  
   83.     Information about termination period  
   84.     Form and way of giving information about termination period  
   85.     Information for front page of agreement or agreement document  
   86.     Requirements for front page of agreement  
   87.     Requirements for notice accompanying agreement or agreement document  
   88.     Application of Division 2, Part 3 - 2 of Australian Consumer Law to emergency repair contract  
   89.     Application of Division 2, Part 3 - 2 of Australian Consumer Law to particular unsolicited consumer agreement  
   89A.    Gift cards  
   89B.    Gift cards--fees or charges that are not post - supply fees and charges  
   89C.    Application of Division 3A of Part 3 - 2 of the Australian Consumer Law to gift cards  
   90.     Requirements for warranties against defects  
   91.     Requirement for notice relating to repair of goods  
   92.     Laws specified for supplier reports about consumer goods associated with death, serious injury or illness of any person  
   92A.    Application of Division 3A of Part 4 - 2 of the Australian Consumer Law to gift cards  
   92AA.   Process substantially transforming medicines in Australia  
   92B.    Enforcement of the Australian Consumer Law--identity card for inspectors  

   PART 7--TRANSITIONAL--MATTERS--AUSTRALIAN CONSUMER LAW

   95.     Application of paragraph 86(1)(a) of Australian Consumer Law  

   PART 8--OTHER--TRANSITIONAL AND APPLICATION PROVISIONS

           Division 1--Application of amendments made by the Competition and Consumer Amendment (Competition Policy Review) Regulations 2017

   96.     Meaning of amending Part  
   97.     Application of amendments  

           Division 2--Application of amendments made by the Competition and Consumer Amendment (Australian Consumer Law Review) Regulations 2018

   98.     Application--unsolicited consumer agreements  
   99.     Application--warranties against defects  

           Division 3--Application of amendments made by the Treasury Laws Amendment (Acquisition as Consumer--Financial Thresholds) Regulations 2020

   100.    Application--prescribed amounts for acquiring goods or services as consumer  
           SCHEDULE 1 Forms--General
           SCHEDULE 1A Matters for which no fee is payable
           SCHEDULE 1B Fees payable to Commission for applications and notices
           SCHEDULE 2 Fees--registration of conference agreements
           SCHEDULE 3 Forms--registration of conference agreements