TRADE PRACTICES ACT 1974

Commonwealth Consolidated Acts

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TRADE PRACTICES ACT 1974

TABLE OF PROVISIONS

PART I--PRELIMINARY

1. Short title [see Note 1]
2. Object of this Act
2A. Application of Act to Commonwealth and Commonwealth authorities
2B. Application of Act to States and Territories
2BA. Application of Part IV to local government bodies
2C. Activities that are not business
3. Repeal
4. Interpretation
4A. Subsidiary, holding and related bodies corporate
4B. Consumers
4C. Acquisition, supply and re-supply
4D. Exclusionary provisions
4E. Market
4F. References to purpose or reason
4G. Lessening of competition to include preventing or hindering competition
4H. Application of Act in relation to leases and licences of land and buildings
4J. Joint ventures
4K. Loss or damage to include injury
4KA. Personal injury
4KB. References to the Australian Consumer Law etc.
4KC. Contraventions of the Australian Consumer Law
4L. Severability
4M. Saving of law relating to restraint of trade and breaches of confidence
4N. Extended application of Part IIIA
5. Extended application of this Act to conduct outside Australia
6. Extended application of this Act to persons who are not corporations
6AA. Application of the Criminal Code

PART II--THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

6A. Establishment of Commission
7. Constitution of Commission
8. Terms and conditions of appointment
8A. Associate members
8AB. State/Territory AER members taken to be associate members
9. Remuneration
10. Deputy Chairpersons
11. Acting Chairperson
12. Leave of absence
13. Termination of appointment of members of the Commission
14. Termination of appointment of associate members of the Commission
15. Resignation
16. Arrangement of business
17. Disclosure of interests by members
18. Meetings of Commission
19. Chairperson may direct Commission to sit in Divisions
25. Delegation by Commission
26. Delegation by Commission in relation to unconscionable conduct and consumer protection
27. Staff of Commission
27A. Consultants
28. Functions of Commission in relation to dissemination of information, law reform and research
29. Commission to comply with directions of Minister and requirements of the Parliament

PART IIA--THE NATIONAL COMPETITION COUNCIL

29A. Establishment of Council
29B. Functions and powers of Council
29BA. Commonwealth consent to conferral of functions etc. on Council
29BB. How duty is imposed
29BC. When a State/Territory energy law imposes a duty
29C. Membership of Council
29D. Terms and conditions of office
29E. Acting Council President
29F. Remuneration of Councillors
29G. Leave of absence
29H. Termination of appointment of Councillors
29I. Resignation of Councillors
29J. Arrangement of Council business
29K. Disclosure of interests by Councillors
29L. Council meetings
29LA. Resolutions without meetings
29M. Staff to help Council
29N. Consultants
29O. Annual report

PART III--THE AUSTRALIAN COMPETITION TRIBUNAL

29P. Definition
30. Constitution of Tribunal
31. Qualifications of members of Tribunal
31A. Appointment of Judge as presidential member of Tribunal not to affect tenure etc.
32. Terms and conditions of appointment
33. Remuneration and allowances of members of Tribunal
34. Acting appointments
35. Suspension and removal of members of Tribunal
36. Resignation
37. Constitution of Tribunal for particular matters
38. Validity of determinations
39. President may give directions
40. Disclosure of interests by members of Tribunal
41. Presidential member to preside
42. Decision of questions
43. Member of Tribunal ceasing to be available
43A. Counsel assisting Tribunal
43B. Consultants
44. Staff of Tribunal
44A. Acting appointments

PART IIIAA--THE AUSTRALIAN ENERGY REGULATOR (AER)

Division 1--Preliminary

44AB. Definitions
44AC. This Part binds the Crown
44AD. Extra-territorial operation

Division 2--Establishment of the AER

44AE. Establishment of the AER
44AF. AER to hold money and property on behalf of the Commonwealth
44AG. Constitution of the AER

Division 3--Functions and powers of the AER

44AH. Commonwealth functions
44AI. Commonwealth consent to conferral of functions etc. on AER
44AJ. How duty is imposed
44AK. When a State/Territory energy law imposes a duty
44AL. Powers of the AER

Division 4--Administrative provisions relating to the AER

Subdivision A--Appointment etc

44AM. Appointment of Commonwealth AER member
44AN. Membership of AER and Commission
44AO. Acting appointment of Commonwealth AER member
44AP. Appointment of State/Territory AER members
44AQ. Acting appointment of State/Territory AER member
44AR. AER Chair
44AS. Acting AER Chair
44AT. Remuneration of AER members
44AU. Additional remuneration of AER Chair
44AV. Leave of absence
44AW. Other terms and conditions
44AX. Outside employment
44AY. Disclosure of interests
44AZ. Resignation
44AAB. Termination of appointment

Subdivision B--Staff etc

44AAC. Staff etc. to assist the AER

Subdivision C--Meetings of the AER etc

44AAD. Meetings
44AAE. Resolutions without meetings
44AAEA. Arbitration

Subdivision D--Miscellaneous

44AAF. Confidentiality
44AAG. Federal Court may make certain orders
44AAGA. Federal Court may order disconnection if an event specified in the National Electricity Rules occurs
44AAH. Delegation by the AER
44AAI. Fees
44AAJ. Annual report
44AAK. Regulations may deal with transitional matters

PART IIIA--ACCESS TO SERVICES

Division 1--Preliminary

44AA. Objects of Part
44B. Definitions
44C. How this Part applies to partnerships and joint ventures
44D. Meaning of designated Minister
44DA. The principles in the Competition Principles Agreement have status as guidelines
44E. This Part binds the Crown

Division 2--Declared services

Subdivision A--Recommendation by the Council

44F. Person may request recommendation
44FA. Council may request information
44G. Limits on the Council recommending declaration of a service
44GA. Time limit for Council recommendations
44GB. Council may invite public submissions on the application
44GC. Council must publish its recommendation

Subdivision B--Declaration by the designated Minister

44H. Designated Minister may declare a service
44HA. Designated Minister must publish his or her decision
44I. Duration and effect of declaration
44J. Revocation of declaration
44K. Review of declaration
44KA. Tribunal may stay operation of declaration
44KB. Tribunal may order costs be awarded
44L. Review of decision not to revoke a declaration

Division 2AA--Services that are ineligible to be declared

Subdivision A--Scope of Division

44LA. Constitutional limits on operation of this Division

Subdivision B--Ineligibility recommendation by Council

44LB. Ineligibility recommendation
44LC. Council may request information
44LD. Time limit for Council recommendations
44LE. Council may invite public submissions on the application
44LF. Council must publish its recommendation

Subdivision C--Designated Minister's decision on ineligibility

44LG. Designated Minister's decision on ineligibility
44LH. Designated Minister must publish his or her decision

Subdivision D--Revocation of ineligibility decision

44LI. Revocation of ineligibility decision

Subdivision E--Review of decisions

44LJ. Review of ineligibility decisions
44LK. Review of decision to revoke or not revoke an ineligibility decision

Subdivision F--Other matters

44LL. Ineligibility decisions subject to alteration, cancellation etc.

Division 2A--Effective access regimes

Subdivision A--Recommendation by Council

44M. Recommendation for a Ministerial decision on effectiveness of access regime
44MA. Council may request information

Subdivision B--Decision by Commonwealth Minister

44N. Ministerial decision on effectiveness of access regime

Subdivision C--Extensions of Commonwealth Minister's decision

44NA. Recommendation by Council
44NAA. Council may request information
44NB. Decision by the Commonwealth Minister

Subdivision D--Procedural provisions

44NC. Time limit for Council recommendations
44NE. Council may invite public submissions
44NF. Publication--Council
44NG. Publication--Commonwealth Minister

Subdivision E--Review of decisions

44O. Review of Ministerial decision on effectiveness of access regime

Subdivision F--State or Territory ceasing to be a party to Competition Principles Agreement

44P. State or Territory ceasing to be a party to Competition Principles Agreement

Division 2B--Competitive tender processes for government owned facilities

44PA. Approval of competitive tender process
44PAA. Commission may request information
44PB. Report on conduct of tender process
44PC. Revocation of approval decision
44PD. Time limit for Commission decisions
44PE. Commission may invite public submissions
44PF. Commission must publish its decisions
44PG. Review of Commission's initial decision
44PH. Review of decision to revoke an approval

Division 2C--Register of decisions and declarations

44Q. Register of decisions, declarations and ineligibility decisions

Division 3--Access to declared services

Subdivision A--Scope of Division

44R. Constitutional limits on operation of this Division

Subdivision B--Notification of access disputes

44S. Notification of access disputes
44T. Withdrawal of notifications

Subdivision C--Arbitration of access disputes

44U. Parties to the arbitration
44V. Determination by Commission
44W. Restrictions on access determinations
44X. Matters that the Commission must take into account
44XA. Time limit for Commission's final determination
44Y. Commission may terminate arbitration in certain cases
44YA. Commission must terminate arbitration if declaration varied or set aside by Tribunal

Subdivision D--Procedure in arbitrations

44Z. Constitution of Commission for conduct of arbitration
44ZA. Member of the Commission presiding at an arbitration
44ZB. Reconstitution of Commission
44ZC. Determination of questions
44ZD. Hearing to be in private
44ZE. Right to representation
44ZF. Procedure of Commission
44ZG. Particular powers of Commission
44ZH. Power to take evidence on oath or affirmation
44ZI. Failing to attend as a witness
44ZJ. Failing to answer questions etc.
44ZK. Intimidation etc.
44ZL. Party may request Commission to treat material as confidential
44ZM. Sections 18 and 19 do not apply to the Commission in an arbitration
44ZN. Parties to pay costs of an arbitration
44ZNA. Joint arbitration hearings

Subdivision DA--Arbitration reports

44ZNB. Arbitration reports

Subdivision E--Effect of determinations

44ZO. Operation of final determinations
44ZOA. Effect and duration of interim determinations

Subdivision F--Review of final determinations

44ZP. Review by Tribunal
44ZQ. Provisions that do not apply in relation to a Tribunal review
44ZR. Appeals to Federal Court from determinations of the Tribunal
44ZS. Operation and implementation of a determination that is subject to appeal
44ZT. Transmission of documents

Subdivision G--Variation and revocation of determinations

44ZU. Variation of final determinations
44ZUA. Variation and revocation of interim determinations

Division 4--Registered contracts for access to declared services

44ZV. Constitutional limits on operation of this Division
44ZW. Registration of contract
44ZX. Review of decision not to register contract
44ZY. Effect of registration of contract

Division 5--Hindering access to declared services

44ZZ. Prohibition on hindering access to declared services

Division 6--Access undertakings and access codes for services

Subdivision A--Giving of access undertakings and access codes

44ZZA. Access undertakings by providers
44ZZAAA.Proposed amendments to access undertakings
44ZZAAB.Access undertakings containing fixed principles
44ZZAA. Access codes prepared by industry bodies
44ZZAB. Commission may rely on industry body consultations

Subdivision B--Effect of access undertakings and access codes

44ZZBA. When access undertakings and access codes come into operation

Subdivision C--Extensions of access undertakings and access codes

44ZZBB. Extensions of access undertakings and access codes

Subdivision D--Procedural provisions

44ZZBC. Time limit for Commission decisions
44ZZBCA.Commission may request information
44ZZBD. Commission may invite public submissions
44ZZBE. Commission must publish its decisions

Subdivision E--Review of decisions

44ZZBF. Review of decisions

Subdivision F--Register of access undertakings and access codes

44ZZC. Register of access undertakings and access codes

Division 6A--Pricing principles for access disputes and access undertakings or codes

44ZZCA. Pricing principles for access disputes and access undertakings or codes

Division 6B--Overlap among determinations, registered contracts, access undertakings and Tribunal review

44ZZCB. Deferring access disputes or access undertakings
44ZZCBA.Deferral of arbitration if review is underway
44ZZCC. Overlap between determinations and access undertakings
44ZZCD. Overlap between registered contracts and access undertakings

Division 7--Enforcement and remedies

44ZZD. Enforcement of determinations
44ZZE. Enforcement of prohibition on hindering access
44ZZF. Consent injunctions
44ZZG. Interim injunctions
44ZZH. Factors relevant to granting a restraining injunction
44ZZI. Factors relevant to granting a mandatory injunction
44ZZJ. Enforcement of access undertakings
44ZZK. Discharge or variation of injunction or other order

Division 8--Miscellaneous

44ZZL. Register of determinations
44ZZM. Commonwealth consent to conferral of functions etc. on the Commission or Tribunal by State or Territory laws
44ZZMA. How duty is imposed
44ZZMB. When a law of a State or Territory imposes a duty
44ZZN. Compensation for acquisition of property
44ZZNA. Operation of Parts IV and VII not affected by this Part
44ZZO. Conduct by directors, servants or agents
44ZZOAAA.Information to be given to Tribunal
44ZZOAA.Tribunal only to consider particular material
44ZZOA. Time limit for Tribunal decisions
44ZZP. Regulations about review by the Tribunal
44ZZQ. Regulations about fees for inspection etc. of registers
44ZZR. Procedure of the Tribunal when performing functions under a State/Territory energy law or a designated Commonwealth energy law

PART IV--RESTRICTIVE TRADE PRACTICES

Division 1--Cartel conduct

Subdivision A--Introduction

44ZZRA. Simplified outline
44ZZRB. Definitions
44ZZRC. Extended meaning of party
44ZZRD. Cartel provisions
44ZZRE. Meaning of expressions in other provisions of this Act

Subdivision B--Offences etc

44ZZRF. Making a contract etc. containing a cartel provision
44ZZRG. Giving effect to a cartel provision
44ZZRH. Determining guilt
44ZZRI. Court may make related civil orders

Subdivision C--Civil penalty provisions

44ZZRJ. Making a contract etc. containing a cartel provision
44ZZRK. Giving effect to a cartel provision

Subdivision D--Exceptions

44ZZRL. Conduct notified
44ZZRM. Cartel provision subject to grant of authorisation
44ZZRN. Contracts, arrangements or understandings between related bodies corporate
44ZZRO. Joint ventures--prosecution
44ZZRP. Joint ventures--civil penalty proceedings
44ZZRQ. Covenants affecting competition
44ZZRR. Resale price maintenance
44ZZRS. Exclusive dealing
44ZZRT. Dual listed company arrangement
44ZZRU. Acquisition of shares or assets
44ZZRV. 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
45B. Covenants affecting competition
45C. Covenants in relation to prices
45D. Secondary boycotts for the purpose of causing substantial loss or damage
45DA. Secondary boycotts for the purpose of causing substantial lessening of competition
45DB. Boycotts affecting trade or commerce
45DC. Involvement and liability of employee organisations
45DD. Situations in which boycotts permitted
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
46A. Misuse of market power--corporation with substantial degree of power in trans-Tasman market
46B. No immunity from jurisdiction in relation to certain New Zealand laws
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
50A. Acquisitions that occur outside Australia
51. Exceptions
51AAA. Concurrent operation of State and Territory laws

PART IVA--UNCONSCIONABLE CONDUCT

51AAB. Part does not apply to financial services
51AA. Unconscionable conduct within the meaning of the unwritten law of the States and Territories
51AB. Unconscionable conduct
51AC. Unconscionable conduct in business transactions
51ACAA. Concurrent operation of State and Territory laws

PART IVB--INDUSTRY CODES

51ACA. Definitions
51AD. Contravention of industry codes
51AE. Regulations relating to industry codes
51AEA. Concurrent operation of State and Territory laws

PART V--CONSUMER PROTECTION

Division 1--Unfair practices

51AF. Part does not apply to financial services
51A. Interpretation
52. Misleading or deceptive conduct
53. False or misleading representations
53A. False representations and other misleading or offensive conduct in relation to land
53B. Misleading conduct in relation to employment
53C. Single price to be stated in certain circumstances
54. Offering gifts and prizes
55. Misleading conduct to which Industrial Property Convention applies
55A. Certain misleading conduct in relation to services
56. Bait advertising
57. Referral selling
58. Accepting payment without intending or being able to supply as ordered
59. Misleading representations about certain business activities
60. Harassment and coercion
63A. Unsolicited credit and debit cards
64. Assertion of right to payment for unsolicited goods or services or for making entry in directory
65. Liability of recipient of unsolicited goods
65A. Application of provisions of Division to prescribed information providers

Division 1AAA--Pyramid selling

65AAA. Overview
65AAB. Definitions
65AAC. Pyramid selling schemes--participation
65AAD. What is a pyramid selling scheme?
65AAE. Marketing schemes--are they pyramid selling schemes?

Division 1AA--Country of origin representations

Subdivision A--General

65AA. Overview
65AB. General test for country of origin representations
65AC. Test for representations that goods are product of/produce of a country
65AD. Test for representations made by means of prescribed logo
65AE. Substantial transformation of goods
65AF. Method of working out costs of production or manufacture

Subdivision B--Cost of production or manufacture of goods

65AG. Definitions
65AH. Cost of producing or manufacturing goods
65AJ. Expenditure on materials
65AK. Expenditure on labour
65AL. Expenditure on overheads
65AM. Regulations may prescribe rules for determining the local percentage costs of production or manufacture

Subdivision C--Evidentiary matters

65AN. Proceedings relating to false, misleading or deceptive conduct or representations

Division 1A--Product safety and product information

65B. Warning notice to public
65C. Product safety standards and unsafe goods
65D. Product information standards
65E. Power of Minister to declare product safety or information standards
65F. Compulsory product recall
65G. Compliance with product recall order
65H. Loss or damage caused by contravention of product recall order
65J. Opportunity for conference to be afforded before certain powers exercised
65K. Recommendation after conclusion of conference
65L. Exception in case of danger to public
65M. Conference after goods banned
65N. Recommendation after conclusion of conference
65P. Minister to have regard to recommendation of Commission
65Q. Power to obtain information, documents and evidence
65R. Notification of voluntary recall
65S. Copies of certain notices to be given to suppliers or published in certain newspapers
65T. Certain action not to affect insurance contracts

Division 2--Conditions and warranties in consumer transactions

66. Interpretation
66A. Convention on Contracts for the International Sale of Goods
67. Conflict of laws
68. Application of provisions not to be excluded or modified
68A. Limitation of liability for breach of certain conditions or warranties
68B. Limitation of liability in relation to supply of recreational services
69. Implied undertakings as to title, encumbrances and quiet possession
70. Supply by description
71. Implied undertakings as to quality or fitness
72. Supply by sample
73. Liability for loss or damage from breach of certain contracts
73A. Continuing credit contract
73B. Loan contract
74. Warranties in relation to the supply of services

Division 2A--Actions against manufacturers and importers of goods

74A. Interpretation
74B. Actions in respect of unsuitable goods
74C. Actions in respect of false descriptions
74D. Actions in respect of goods of unmerchantable quality
74E. Actions in respect of non-correspondence with samples etc.
74F. Actions in respect of failure to provide facilities for repairs or parts
74G. Actions in respect of non-compliance with express warranty
74H. Right of seller to recover against manufacturer or importer
74J. Time for commencing actions
74K. Application of Division not to be excluded or modified
74L. Limitation in certain circumstances of liability of manufacturer to seller
74M. The effect of Part VIB on this Division

Division 3--Miscellaneous

75. Saving of other laws and remedies
75A. Rescission of contracts

PART VA--LIABILITY OF MANUFACTURERS AND IMPORTERS FOR DEFECTIVE GOODS

75AA. Interpretation
75AB. Certain interpretation provisions (importers and others taken to be manufacturers etc.) apply to this Part
75AC. Meaning of goods having defect
75AD. Liability for defective goods causing injuries--loss by injured individual
75AE. Liability for defective goods causing injuries--loss by person other than injured individual
75AF. Liability for defective goods--loss relating to other goods
75AG. Liability for defective goods--loss relating to buildings etc.
75AH. Survival of liability actions
75AI. No liability action where workers' compensation or law giving effect to an international agreement applies
75AJ. Unidentified manufacturer
75AK. Defences
75AL. Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard
75AM. Liability joint and several
75AN. Contributory acts or omissions to reduce compensation
75AO. Time for commencing actions
75AP. Application of provisions not to be excluded or modified
75AQ. Representative actions by the Commission
75AR. Saving of other laws and remedies
75AS. Jurisdiction of courts

PART VC--OFFENCES

Division 1--Application of Part

75AZA. Part does not apply to financial services
75AZAA. Concurrent operation of State and Territory laws

Division 2--Offences relating to unfair practices

75AZB. Interpretation
75AZC. False or misleading representations
75AZD. False representations and other misleading or offensive conduct in relation to land
75AZE. Misleading conduct in relation to employment
75AZF. Single price to be stated in certain circumstances
75AZG. Offering gifts and prizes
75AZH. Misleading conduct to which Industrial Property Convention applies
75AZI. Certain misleading conduct in relation to services
75AZJ. Bait advertising
75AZK. Referral selling
75AZL. Accepting payment without intending or being able to supply as ordered
75AZM. Misleading representations about certain business activities
75AZN. Harassment and coercion
75AZO. Pyramid selling
75AZP. Unsolicited credit and debit cards
75AZQ. Assertion of right to payment for unsolicited goods or services or for making an entry in a directory
75AZR. Application of provisions of Division to prescribed information providers

Division 3--Offences relating to product safety and product information

75AZS. Product safety standards and unsafe goods
75AZT. Product information standards
75AZU. Compliance with product recall notice

PART VI--ENFORCEMENT AND REMEDIES

75B. Interpretation
76. Pecuniary penalties--restrictive trade practices etc.
76A. Defence to proceedings under section 76 relating to a contravention of section 95AZN
76B. What happens if substantially the same conduct is a contravention of Part IV or section 95AZN and an offence?
76C. Defence to proceedings relating to exclusionary provisions
76E. Pecuniary penalties--consumer protection etc.
76F. Pecuniary penalties under section 76E and offences
77. Civil action for recovery of pecuniary penalties
77A. Indemnification of officers
77B. Certain indemnities not authorised and certain documents void
77C. Application of section 77A to a person other than a body corporate
78. Criminal proceedings not to be brought for contraventions of Part IV or V
79. Offences against section 44ZZRF or 44ZZRG or Part VC etc.
79A. Enforcement and recovery of certain fines
79B. Preference must be given to compensation for victims
80. Injunctions
80AB. Stay of injunctions
80AC. Injunctions to prevent mergers if clearance or authorisation granted on the basis of false or misleading information
81. Divestiture where merger contravenes section 50 or 50A
81A. Divestiture where merger done under clearance or authorisation granted on false etc. information
82. Actions for damages
83. Finding in proceedings to be evidence
84. Conduct by directors, employees or agents
85. Defences
86. Jurisdiction of courts
86AA. Limit on jurisdiction of Federal Magistrates Court
86A. Transfer of matters
86B. Transfer of certain proceedings to Family Court
86C. Non-punitive orders
86D. Punitive orders--adverse publicity
86DA. Commission may issue a public warning notice
86E. Order disqualifying a person from managing corporations
86F. Privilege against exposure to penalty--disqualification from managing corporations
87. Other orders
87AAA. Orders to redress loss or damage suffered by non-party consumers etc.
87AAB. Kinds of orders that may be made to redress loss or damage suffered by non-party consumers etc.
87A. Power of Court to prohibit payment or transfer of moneys or other property
87AA. Special provision relating to Court's exercise of powers under this Part in relation to boycott conduct
87AB. Limit on liability for misleading or deceptive conduct
87AC. Declarations
87B. Enforcement of undertakings
87C. Enforcement of undertakings--Secretary to the Department
87CA. Intervention by Commission
87CAA. The effect of Part VIB on this Part

PART VIA--PROPORTIONATE LIABILITY FOR MISLEADING AND DECEPTIVE CONDUCT

87CB. Application of Part
87CC. Certain concurrent wrongdoers not to have benefit of apportionment
87CD. Proportionate liability for apportionable claims
87CE. Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware
87CF. Contribution not recoverable from defendant
87CG. Subsequent actions
87CH. Joining non-party concurrent wrongdoer in the action
87CI. Application of Part

PART VIB--CLAIMS FOR DAMAGES OR COMPENSATION FOR DEATH OR PERSONAL INJURY

Division 1--Introduction

87D. Definitions
87E. Proceedings to which this Part applies

Division 2--Limitation periods

87F. Basic rule
87G. Date of discoverability
87H. Long-stop period
87J. The effect of minority or incapacity
87K. The effect of close relationships

Division 3--Limits on personal injury damages for non-economic loss

87L. Limits on damages for non-economic loss
87M. Maximum amount of damages for non-economic loss
87N. Index numbers
87P. Most extreme cases
87Q. Cases of 33% or more (but not 100%) of a most extreme case
87R. Cases of 15% or more (but less than 33%) of a most extreme case
87S. Cases of less than 15% of a most extreme case
87T. Referring to earlier decisions on non-economic loss

Division 4--Limits on personal injury damages for loss of earning capacity

87U. Personal injury damages for loss of earning capacity
87V. Average weekly earnings

Division 5--Limits on personal injury damages for gratuitous attendant care services

87W. Personal injury damages for gratuitous attendant care services for plaintiff
87X. Personal injury damages for loss of plaintiff's capacity to provide gratuitous attendant care services

Division 6--Other limits on personal injury damages

87Y. Damages for future economic loss--discount rate
87Z. Damages for loss of superannuation entitlements
87ZA. Interest on damages
87ZB. Exemplary and aggravated damages

Division 7--Structured settlements

87ZC. Court may make orders under section 87 for structured settlements

PART VIC--INFRINGEMENT NOTICES

87ZD. Purpose and effect of this Part
87ZE. Issue of an infringement notice
87ZF. Matters to be included in an infringement notice
87ZG. Amount of penalty
87ZH. Effect of compliance with an infringement notice
87ZI. Effect of failure to comply with an infringement notice
87ZJ. Infringement notice compliance period for infringement notice
87ZK. Withdrawal of an infringement notice

PART VID--SUBSTANTIATION NOTICES

87ZL. Commission may require claims to be substantiated etc.
87ZM. Extending periods for complying with substantiation notices
87ZN. Compliance with substantiation notices
87ZO. False or misleading information etc.

PART VII--AUTHORISATIONS, NOTIFICATIONS AND CLEARANCES IN RESPECT OF RESTRICTIVE TRADE PRACTICES

Division 1--Authorisations

87ZP. Definitions
88. Power of Commission to grant authorisations
89. Procedure for applications and the keeping of a register
90. Determination of applications for authorisations
90A. Commission to afford opportunity for conference before determining application for authorisation
90B. Commission may rely on consultations undertaken by the AEMC
91. Grant and variation of authorisations
91A. Minor variations of authorizations
91B. Revocation of an authorization
91C. Revocation of an authorization and substitution of a replacement

Division 2--Notifications

Subdivision A--Exclusive dealing

93. Notification of exclusive dealing

Subdivision B--Collective bargaining

93AA. Definitions
93AB. Notification of collective bargaining
93AC. Commission's objection notice
93AD. When collective bargaining notice comes into force and ceases to be in force
93AE. Withdrawal of collective bargaining notice
93AEA. Only 1 collective bargaining notice under subsection 93AB(1A) may be given
93AF. Only 1 collective bargaining notice under subsection 93AB(1) may be given

Subdivision C--Conferences

93A. Commission to afford opportunity for conference before giving notice

Subdivision D--Register of notifications

95. Register of notifications

Division 3--Merger clearances and authorisations

Subdivision A--Preliminary

95AA. Simplified outline of this Division
95AB. Definitions

Subdivision B--Merger clearances

95AC. Commission may grant clearance for a merger
95AD. Application for clearance
95AE. Requirements for valid clearance application
95AF. Commission to notify if clearance application is invalid
95AG. Application to be published on the internet
95AH. Merger clearance register
95AI. Confidentiality claims etc.
95AJ. Commission may seek additional information from applicant
95AK. Commission may seek further information and consult others
95AL. Applicant may withdraw application
95AM. Commission to make determination on application
95AN. When clearance must not be granted
95AO. Time limits for determining application
95AP. Clearance subject to conditions
95AQ. When clearance is in force
95AR. Minor variations of clearances
95AS. Revocation of clearance or revocation of clearance and substitution of a new clearance

Subdivision C--Merger authorisations

95AT. Tribunal may grant authorisation for a merger
95AU. Application for authorisation
95AV. Requirements for valid authorisation application
95AW. Tribunal to notify if authorisation application is invalid
95AX. Tribunal to notify Commission of authorisation application
95AY. Application to be published on the internet
95AZ. Merger authorisation register
95AZA. Confidentiality claims etc.
95AZC. Tribunal may seek additional information from applicant
95AZD. Tribunal may seek further information and consult others etc.
95AZE. Applicant may withdraw application
95AZEA. Tribunal must require Commission to give report
95AZF. Commission to assist Tribunal
95AZFA. Commission may make enquiries
95AZG. Tribunal to make determination on application
95AZH. When authorisation must not be granted
95AZI. Time limits for determining application
95AZJ. Authorisation subject to conditions
95AZK. When authorisation is in force
95AZL. Minor variations of authorisations
95AZM. Revocation of authorisation or revocation of authorisation and substitution of a new authorisation

Subdivision D--Miscellaneous

95AZN. Providing false or misleading information

PART VIIA--PRICES SURVEILLANCE

Division 1--Preliminary

95A. Interpretation
95B. Exempt supplies
95C. Application of Part
95D. Crown to be bound
95E. Object of this Part
95F. Simplified overview of this Part

Division 2--Commission's functions under this Part

95G. Commission's functions under this Part

Division 3--Price inquiries

Subdivision A--Holding of inquiries

95H. Price inquiries
95J. Content of inquiry notices
95K. Period for completing inquiry
95L. Notice of holding of inquiry
95M. Notice of extension of period for completing inquiry
95N. Price restrictions

Subdivision B--Reports on inquiries

95P. Copies of report to be made available
95Q. Notification of proposed prices after receipt of report

Subdivision C--Procedure at inquiries

95R. Public inquiries etc.
95S. Taking of evidence on oath or affirmation
95T. Failure of witness to attend
95U. Refusal to be sworn or to answer question
95V. Protection of witnesses
95W. Allowances to witnesses

Division 4--Price notifications

95X. Declarations by Minister or Commission
95Y. Declarations in relation to State or Territory authorities
95Z. Price restrictions
95ZA. Later notices modifying a locality notice
95ZB. Applicable period in relation to a locality notice
95ZC. Register of price notifications
95ZD. Delegation by Commission

Division 5--Price monitoring

95ZE. Directions to monitor prices, costs and profits of an industry
95ZF. Directions to monitor prices, costs and profits of a business
95ZG. Exceptions to price monitoring

Division 6--Other provisions

95ZH. Ministerial directions
95ZI. Inquiries by an unincorporated body or a group of 2 or more individuals
95ZJ. Withdrawal of notices
95ZK. Power to obtain information or documents
95ZL. Inspection of documents etc.
95ZM. Retention of documents
95ZN. Confidential information
95ZO. Immunity
95ZP. Secrecy: members or staff members of the Commission etc.
95ZQ. Secrecy: persons involved in inquiries by bodies other than the Commission

PART VIII--RESALE PRICE MAINTENANCE

96. Acts constituting engaging in resale price maintenance
96A. Resale price maintenance in relation to services
97. Recommended prices
98. Withholding the supply of goods
99. Statements as to the minimum price of goods
100. Evidentiary provisions

PART IX--REVIEW BY TRIBUNAL OF DETERMINATIONS OF COMMISSION

Division 1--Applications for review

101. Applications for review
101A. Application for review of notice under subsection 93(3) or (3A) or 93AC(1) or (2)
102. Functions and powers of Tribunal

Division 2--Procedure and Evidence

102A. Definition
103. Procedure generally
104. Regulations as to certain matters
105. Power to take evidence on oath
106. Hearings to be in public except in special circumstances
107. Evidence in form of written statement
108. Taking of evidence by single member
109. Participants in proceedings before Tribunal
110. Representation

Division 3--Review of Commission's determinations on merger clearances

111. Applications for review
112. Tribunal to notify Commission
113. Commission to give material to Tribunal
114. Tribunal may consult etc. to clarify information
115. Commission to assist Tribunal
116. Tribunal only to consider material before the Commission
117. Tribunal to make decision on review
118. Time limits for making review decision
119. Tribunal's decision taken to be Commission's

PART X--INTERNATIONAL LINER CARGO SHIPPING

Division 1--Preliminary
10.01 Objects of Part
10.01A Simplified outline
10.02 Interpretation
10.02A Inland terminals
10.03 Designated shipper bodies

Division 2--Additional restrictive trade practice provisions applying to ocean carriers
10.04 Application of section 46 in relation to conference agreements

Division 3--Minimum standards for conference agreements
10.06 Application of Australian law to outwards conference agreements and withdrawal from agreements
10.07 Minimum levels of shipping services to be specified in conference agreements
10.08 Conference agreements may include only certain restrictive trade practice provisions
10.09 Where may consequences of conference agreements not complying with minimum standards be found?

Division 4--Registers and files and public inspection of them
10.10 Registers and conference agreement files open to public inspection
10.11 What registers are to be kept by the Registrar?
10.12 What conference agreement files are to be kept by the Registrar?
10.13 What register is to be kept by the Commission?

Division 5--Exemptions from certain restrictive trade practice prohibitions

Subdivision A--Exemptions relating to conference agreements
10.14 Exemptions apply only to certain activities
10.15 When do exemptions commence to apply in relation to registered conference agreements?
10.16 Exemptions do not apply to variations of conference agreement unless varying agreement registered
10.17 Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK and 45
10.17A Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK and 45 for freight rate agreements
10.18 Exemption from section 47
10.18A Exemptions from section 47 for freight rate agreements

Subdivision B--Exemptions relating to loyalty agreements
10.19 Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK and 45
10.20 Exemption from section 47
10.21 Exemptions cease to apply in relation to a shipper at the shipper's option

Subdivision D--Other exemptions
10.24 Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK, 45 and 47 in relation to certain negotiations
10.24A Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK, 45 and 47 in relation to stevedoring contracts

Division 6--Registration of conference agreements

Subdivision A--Provisional registration
10.25 Application for provisional registration of conference agreement
10.26 How application is to be made and verified
10.27 Copy of agreement to be filed with application etc.
10.27A Copy of conference agreement to be given to designated peak shipper body
10.28 Decision on application for provisional registration
10.29 Parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement

Subdivision B--Final registration
10.30 Application for final registration of conference agreement
10.31 How application is to be made and verified
10.32 Copy of agreement to be filed with application etc.
10.33 Decision on application for final registration

Subdivision C--Confidentiality requests
10.34 Request for confidentiality
10.35 Abstract to accompany request for confidentiality
10.36 Examination of abstract
10.37 Decision on request for confidentiality
10.38 Application for registration to be returned where request for confidentiality refused etc.

Subdivision D--Miscellaneous
10.39 Application also to be made for registration of varying conference agreements
10.40 Notification of happening of affecting events prior to final registration etc.

Division 7--Obligations of ocean carriers in relation to registered conference agreements
10.41 Parties to registered conference agreement to negotiate with certain designated shipper bodies etc.
10.42 Application to be made for registration of varying conference agreements
10.43 Parties to registered conference agreement to notify happening of affecting events etc.

Division 8--Powers of Minister in relation to registered conference agreements
10.44 Powers exercisable by Minister in relation to registered conference agreements etc.
10.45 Circumstances in which Minister may exercise powers in relation to registered conference agreements
10.46 Action to be taken where powers exercised by Minister without first obtaining Commission report
10.47 Investigation and report by Commission on reference by Minister
10.48 Investigation and report by Commission on own initiative or on application by affected person
10.49 Undertakings by parties to registered conference agreement
10.49A Enforcement of undertakings

Division 9--Obligations of non-conference ocean carriers with substantial market power
10.50 Investigations by Commission into market power of ocean carriers
10.51 Determination by Minister of market power of ocean carriers
10.52 Non-conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.
10.53 Non-conference ocean carrier with substantial market power not to hinder Australian flag shipping operators etc.

Division 10--Powers of Minister in relation to non-conference ocean carriers with substantial market power
10.54 Powers exercisable by Minister in relation to obligations of non-conference ocean carriers with substantial market power
10.55 Circumstances in which Minister may exercise powers
10.56 Action to be taken where powers exercised by Minister without first obtaining Commission report
10.57 Investigation and report by Commission on reference by Minister
10.58 Investigation and report by Commission on application by affected person
10.59 Undertakings by ocean carrier
10.60 Enforcement of orders and undertakings

Division 11--Unfair pricing practices
10.61 Powers exercisable by Minister in relation to pricing practices etc.
10.62 Circumstances in which Minister may exercise powers
10.63 Investigation and report by Commission
10.64 Undertakings not to engage in pricing practices
10.65 Enforcement of orders and undertakings
10.66 Determination of normal freight rates for shipping services
10.67 Determination of whether practice contrary to national interest

Division 12--Registration of ocean carrier agents
10.68 Ocean carrier who provides international liner cargo shipping services to have registered agent
10.69 Representation of ocean carrier by registered agent
10.70 Application by ocean carrier for registration of agent
10.71 Registration of agent
10.72 Change of agent etc.

Division 12A--Exemption orders for inwards conference agreements etc
10.72A Exemption orders for inwards conference agreements etc.
10.72B Criteria for making exemption order
10.72C Duration of exemption order may be limited
10.72D Conditions of exemption order

Division 13--General provisions relating to registers and conference agreement files
10.73 Form of registers and conference agreement files
10.74 Deletion of entries wrongly existing in certain registers
10.75 Deletion of obsolete entries in certain registers
10.76 Correction of clerical errors and other mistakes in certain registers etc.

Division 14--Administration
10.77 Registrar of Liner Shipping
10.78 Appointment of Registrar etc.
10.79 Acting Registrar
10.80 Registrar and staff to be public servants
10.81 Delegation by Minister
10.82 Delegation by Registrar

Division 14A--Review of decisions of Commission
10.82A Review by Tribunal
10.82B Functions and powers of Tribunal
10.82C Provisions that do not apply in relation to a Tribunal review

Division 14B--Review of decisions of Minister
10.82D Review by Tribunal
10.82E Functions and powers of Tribunal
10.82F Modifying register after Tribunal review

Subdivision A--of Division 5 applies in relation to the conference agreement concerned to the extent to which that Subdivision would have applied but for the entry of the particulars of the direction.
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--THE AUSTRALIAN CONSUMER LAW

Division 1--Application of the Australian Consumer Law as a law of the Commonwealth

130. Application of the Australian Consumer Law in relation to corporations
131. Division does not apply to financial services etc.
132. Saving of other laws and remedies

Division 2--Application of the Australian Consumer Law as a law of a State or Territory

133. Definitions
134. Object of this Division
135. The applied Australian Consumer Law
136. Federal Court may exercise jurisdiction under application laws of Territories
137. Exercise of jurisdiction under cross-vesting provisions
138. Commonwealth consent to conferral of functions etc. on Commonwealth entities
139. How duty is imposed
140. When an application law imposes a duty
141. Application laws may operate concurrently with this Act
142. No doubling-up of liabilities

Division 3--Miscellaneous

143. 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 4--Tariff filing

151BK. Tariff filing directions
151BL. Specification of goods and services
151BM. Notification of reasons
151BN. Duration of direction may be limited
151BO. Revocation of direction
151BP. Variation of direction
151BQ. Public access to tariff information
151BR. Register of tariff filing directions
151BT. Meaning of terms and conditions

Division 5--Tariff filing by Telstra

151BTA. Tariff filing by Telstra

Division 6--Record-keeping rules and disclosure directions

151BU. Commission may make record-keeping rules
151BUAA.Minister may give directions to Commission
151BUAAA.Minister to give direction to Commission about Telstra's wholesale operations and retail operations
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, tariff filing directions, record-keeping rules and disclosure directions

151BW. Person involved in a contravention of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction
151BX. Pecuniary penalties for breach of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction
151BY. Civil action for recovery of pecuniary penalties
151BZ. Criminal proceedings not to be brought for contraventions of the competition rule, tariff filing directions , record-keeping rules or disclosure directions
151CA. Injunctions
151CB. Orders to disclose information or publish an advertisement--breach of the competition rule
151CC. Actions for damages--breach of the competition rule
151CD. Finding of fact in proceedings to be evidence
151CE. Other orders--compensation for breach of the competition rule
151CF. Conduct by directors, employees or agents

Division 8--Disclosure of documents by Commission

151CG. Disclosure of documents by Commission

Division 9--Treatment of partnerships

151CH. Treatment of partnerships

Division 10--Review of decisions

151CI. Review by Tribunal
151CJ. Functions and powers of Tribunal
151CK. Provisions that do not apply in relation to a Tribunal review

Division 11--Reviews of competitive safeguards within the telecommunications industry

151CL. Reviews of competitive safeguards within the telecommunications industry

Division 12--Monitoring of telecommunications charges paid by consumers

151CM. Monitoring of telecommunications charges paid by consumers

Division 12A--Reports about competition in the telecommunications industry

151CMA. Public reports about competition in the telecommunications industry
151CMB. Confidential reports about competition in the telecommunications industry
151CMC. Examples of matters that may be specified in a determination under section 151CMA or 151CMB

Division 13--Review of operation of this Part

151CN. Review of operation of this Part

Division 14--Operational separation for Telstra

151CP. Operational separation for Telstra

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
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
152AQA. Pricing principles
152AQB. Model terms and conditions relating to access to core services
152AQC. Compensation for acquisition of property

Division 3--Standard access obligations

152AR. Standard access obligations
152AS. Ordinary class exemptions from standard access obligations
152ASA. Anticipatory class exemptions from standard access obligations
152AT. Ordinary individual exemptions from standard access obligations
152ATA. Anticipatory individual exemptions from standard access obligations
152AU. Individual exemptions--request for further information
152AV. Review by Tribunal of exemption order decision
152AW. Functions and powers of Tribunal
152AX. Provisions that do not apply in relation to a Tribunal review
152AXA. Statement of reasons for reviewable decision--specification of documents
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--Telecommunications access code

152BJ. Telecommunications access code
152BK. Content of telecommunications access code
152BL. Commission must invite public submissions on telecommunications access code
152BM. Commission must consult the ACMA about code
152BN. Copy of code to be given to the ACMA
152BR. Register of telecommunications access codes

Division 5--Access undertakings

Subdivision A--Ordinary access undertakings

152BS. What is an ordinary access undertaking?
152BT. Further information about undertaking
152BU. Commission to accept or reject access undertaking
152BV. Acceptance of access undertaking--model terms and conditions in access code not adopted
152BW. Acceptance of access undertaking--model terms and conditions in access code adopted
152BX. Duration of access undertaking
152BY. Variation of access undertakings
152BZ. Further information about variation of access undertaking
152CA. Voluntary withdrawal of undertaking
152CB. Replacement of access undertaking

Subdivision B--Special access undertakings

152CBA. What is a special access undertaking?
152CBB. Further information about undertaking
152CBC. Commission to accept or reject access undertaking
152CBD. Criteria for accepting 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
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.
152CE. Review by Tribunal
152CF. Functions and powers of Tribunal
152CG. Provisions that do not apply in relation to a Tribunal review
152CGA. Statement of reasons for reviewable decision--specification of documents
152CGB. Access undertakings prevail over inconsistent arbitral determinations

Division 6--Ministerial pricing determinations

152CH. Ministerial pricing determinations
152CI. Undertakings and codes that are inconsistent with Ministerial pricing determinations
152CJ. Register of Ministerial pricing determinations

Division 7--Relationship between this Part and Part IIIA

152CK. Relationship between this Part and Part IIIA

Division 8--Resolution of disputes about access

Subdivision A--Introduction

152CL. Definitions
152CLA. Resolution of access disputes

Subdivision B--Notification of access disputes

152CM. Notification of access disputes
152CN. Withdrawal of notifications

Subdivision C--Arbitration of access disputes

152CO. Parties to the arbitration
152CP. Determination by Commission
152CPA. Interim determination by Commission
152CQ. Restrictions on access determinations
152CR. Matters that the Commission must take into account
152CRA. Publication of determinations
152CS. Commission may terminate arbitration in certain cases
152CT. Commission may give directions in relation to negotiations
152CU. Enforcement of directions

Subdivision D--Procedure in arbitrations

152CV. Constitution of Commission for conduct of arbitration
152CW. Member of the Commission presiding at an arbitration
152CWA. Exercise of procedural powers by Commission members
152CX. Reconstitution of Commission
152CY. Determination of questions
152CZ. Hearing to be in private
152DA. Right to representation
152DB. Procedure of Commission
152DBA. Using information from one arbitration in another arbitration
152DC. Particular powers of Commission
152DD. Power to take evidence on oath or affirmation
152DE. Failing to attend as a witness
152DF. Failing to answer questions etc.
152DG. Giving false or misleading evidence
152DH. Provision of false or misleading document
152DI. Intimidation etc.
152DJ. Disturbing an arbitration hearing etc.
152DK. Party may request Commission to treat material as confidential
152DL. Sections 18 and 19 do not apply to the Commission in an arbitration
152DM. Parties to pay costs of an arbitration
152DMA. Joint arbitration hearings

Subdivision E--Effect of determinations

152DN. Operation of determinations
152DNA. Backdating of final determinations
152DNB. Stay of determinations
152DNC. Continuity of final determination not affected by expiry of declaration relating to declared service

Subdivision G--Variation of determinations

152DT. Variation of determinations

Subdivision H--Enforcement of determinations

152DU. Enforcement of determinations
152DV. Consent injunctions
152DW. Interim injunctions
152DX. Factors relevant to granting a restraining injunction
152DY. Factors relevant to granting a mandatory injunction
152DZ. Discharge or variation of injunction or other order

Subdivision I--Miscellaneous

152EA. Register of determinations
152EAA. Commission's powers under Division 6 of Part XIB not limited
152EB. Compensation for acquisition of property

Division 9--Registered agreements for access to declared services

152EC. Agreements to which this Division applies
152ED. Registration of agreement
152EE. Effect of registration of agreement

Division 10--Hindering the fulfilment of a standard access obligation etc

152EF. Prohibition on hindering the fulfilment of a standard access obligation etc.
152EG. Enforcement of prohibition on hindering the fulfilment of a standard access obligation etc.
152EH. Consent injunctions
152EI. Interim injunctions
152EJ. Factors relevant to granting a restraining injunction
152EK. Factors relevant to granting a mandatory injunction
152EL. Discharge or variation of injunction or other order

Division 10A--Procedural Rules

152ELA. Procedural Rules
152ELB. Public consultation
152ELC. Plan for the development of Procedural Rules

Division 11--Miscellaneous

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. Operational separation for Telstra

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 XII--MISCELLANEOUS

155. Power to obtain information, documents and evidence
155AAA. Protection of certain information
155AA. Protection of Part VB information
155A. Power to obtain information and documents in New Zealand relating to trans-Tasman markets
155B. Australian Competition and Consumer Commission may receive information and documents on behalf of New Zealand Commerce Commission
156. Inspection of documents by Commission
157. Disclosure of documents by Commission
157AA. Disclosure of documents by Tribunal in relation to merger authorisations
157A. Disclosure of information by Commission
157B. Disclosure of protected cartel information to a court or tribunal
157C. Disclosure of protected cartel information to a party to court proceedings etc.
157D. General powers of a court
158. Protection of members of Tribunal, counsel and witnesses
159. Incriminating answers
160. Failure of witness to attend
161. Refusal to be sworn or to answer questions
162. Contempt
162A. Intimidation etc.
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 and Division 8 of Part XIC do 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
SCHEDULE 1 The Schedule version of Part IV
SCHEDULE 2 The Australian Consumer Law

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