Competition and Consumer Legislation Amendment Act 2011
type: Document
category: AU
identifier: No. 184 of 2011
description: An Act to amend the law relating to competition and consumers, and for related purposes
proposed by: legis2cml
curation status: Proposed

1 Short title
type: Concept
realized by: sec-1
note: Citation of the Act
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.5
asserts: competition-and-consumer-legislation-amendment-act-2011-sec-1-norm

2 Commencement
type: Concept
realized by: sec-2
note: Commencement rules
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.6
asserts: competition-and-consumer-legislation-amendment-act-2011-sec-2-norm

1 Section 1
type: Concept
realized by: sec-1-2
note: Table of sections
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.6
asserts: competition-and-consumer-legislation-amendment-act-2011-sec-1-2-norm

6 December
type: Concept
realized by: sec-6
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.6
asserts: competition-and-consumer-legislation-amendment-act-2011-sec-6-norm

2 Section 2
type: Concept
realized by: sec-2-2
note: Schedule 1 commencement provision
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.6
asserts: competition-and-consumer-legislation-amendment-act-2011-sec-2-2-norm

6 February 2012
type: Concept
realized by: sec-6-2
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.6
asserts: competition-and-consumer-legislation-amendment-act-2011-sec-6-2-norm

3 Section 3
type: Concept
realized by: sec-3
note: Schedule 2 commencement
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.6
asserts: competition-and-consumer-legislation-amendment-act-2011-sec-3-norm

1 January 2012
type: Concept
realized by: sec-1-3
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.6
asserts: competition-and-consumer-legislation-amendment-act-2011-sec-1-3-norm

4 Section 4
type: Concept
realized by: sec-4
note: Conditional commencement of Schedule 5
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.6
asserts: competition-and-consumer-legislation-amendment-act-2011-sec-4-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sec-4-logic-alleninterval-1

competition-and-consumer-legislation-amendment-act-2011-sec-4-logic-alleninterval-1
type: LogicApplication
modality: AllenInterval
operator: during
logic summary: Describes temporal relationship
execution surface: modalities::interval_reasoning
confidence: 1.0000
curation status: Proposed

1 January 2011
type: Concept
realized by: sec-1-4
note: Note on table limitations and amendments
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.6
asserts: competition-and-consumer-legislation-amendment-act-2011-sec-1-4-norm

3 Schedule(s)
type: Concept
realized by: sec-3-2
note: Schedules apply to Acts
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.6
asserts: competition-and-consumer-legislation-amendment-act-2011-sec-3-2-norm

1 Subsections 50(1) and (2)
type: Concept
realized by: sch-1-sec-1
note: Omit 'a market', substitute 'any market'
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.8
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-1-sec-1-norm

2 Subsection 50(6) (definition of market)
type: Concept
realized by: sch-1-sec-2
note: Omit “substantial”.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.8
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-1-sec-2-norm

3 At the end of Part XIII
type: Concept
realized by: sch-1-sec-3
note: Add at the end of Part XIII
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.8
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-1-sec-3-norm

179 Amendments of section 50
type: Concept
realized by: sch-1-sec-179
note: Amendments of section 50 apply to acquisitions after commencement
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.8
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-1-sec-179-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-1-sec-179-logic-alleninterval-1

competition-and-consumer-legislation-amendment-act-2011-sch-1-sec-179-logic-alleninterval-1
type: LogicApplication
modality: AllenInterval
operator: Applicable
logic summary: Requires temporal relation
premise text: Temporal relations are required for conditional commencement
conclusion text: This provision requires a temporal relation between acquisitions and commencement
execution surface: modalities::interval_reasoning
confidence: 1.0000
curation status: Proposed

4 Subsection 50(1) of Schedule 1
type: Concept
realized by: sch-1-sec-4
note: Omit 'a market', substitute 'any market'
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.8
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-1-sec-4-norm

5 Subsection 50(6) of Schedule 1 (definition of market)
type: Concept
realized by: sch-1-sec-5
note: Omit “substantial”.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.8
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-1-sec-5-norm

1 Sections 12CB and 12CC
type: Concept
realized by: sch-2-sec-1
note: Repeal sections and substitute with new ones.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.9
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-1-norm

12CB Unconscionable conduct in connection with financial services
type: Concept
realized by: sch-2-sec-12cb
has part: 12CB(1) Unconscionable conduct in connection with financial services
has part: 12CB(2) Unconscionable conduct in connection with financial services
has part: 12CB(3) Unconscionable conduct in connection with financial services
has part: 12CB(4) Unconscionable conduct in connection with financial services
has part: 12CB(5) Unconscionable conduct in connection with financial services
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.9

12CB(1) Unconscionable conduct in connection with financial services
type: Concept
realized by: sch-2-sec-12cb-ss-1
part of: 12CB Unconscionable conduct in connection with financial services
note: Prohibition on unconscionable conduct in connection with financial services
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.9
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-1-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-1-logic-deontic-1
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-1-logic-alleninterval-2

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-1-norm
type: Prohibition
modality: Deontic
part of: 12CB(1) Unconscionable conduct in connection with financial services
borne by: Agent
scope note: borne by: Agent
deontic status: HeuristicDerived
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-1-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: forbid
logic summary: Prohibition on unconscionable conduct
premise text: Trade or commerce
conclusion text: Unconscionable conduct is prohibited
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-1-logic-alleninterval-2
type: LogicApplication
modality: AllenInterval
operator: during
logic summary: Temporal scope of prohibition
premise text: Trade or commerce
conclusion text: The prohibition applies during trade or commerce
execution surface: modalities::interval_reasoning
confidence: 1.0000
curation status: Proposed

12CB(2) Unconscionable conduct in connection with financial services
type: Concept
realized by: sch-2-sec-12cb-ss-2
part of: 12CB Unconscionable conduct in connection with financial services
note: Exemption from application of section for conduct related to legal proceedings or arbitration.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.9
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-2-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-2-logic-deontic-1

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-2-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Permission
logic summary: Permission to engage in conduct
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

12CB(3) Unconscionable conduct in connection with financial services
type: Concept
realized by: sch-2-sec-12cb-ss-3
part of: 12CB Unconscionable conduct in connection with financial services
note: Court must not consider unforeseeable circumstances when determining contravention.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.9
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-3-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-3-logic-deontic-1
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-3-logic-epistemic-2

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-3-norm
type: Obligation
modality: Deontic
part of: 12CB(3) Unconscionable conduct in connection with financial services
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-3-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: MustNotConsider
logic summary: Court must not consider unforeseeable circumstances.
premise text: None
conclusion text: None
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-3-logic-epistemic-2
type: LogicApplication
modality: Epistemic
operator: ReasonablyForeseeable
logic summary: Court may consider circumstances reasonably foreseeable at the time of contravention.
premise text: None
conclusion text: None
execution surface: modalities::epistemic
confidence: 1.0000
curation status: Proposed

12CB(4) Unconscionable conduct in connection with financial services
type: Concept
realized by: sch-2-sec-12cb-ss-4
part of: 12CB Unconscionable conduct in connection with financial services
note: This section is not limited by the unwritten law of the States and Territories relating to unconscionable conduct.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.9
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-4-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-4-logic-deontic-1

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-4-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Obligation
logic summary: This section imposes an obligation on the Parliament.
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

12CB(5) Unconscionable conduct in connection with financial services
type: Concept
realized by: sch-2-sec-12cb-ss-5
part of: 12CB Unconscionable conduct in connection with financial services
note: Definition of listed public company
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.9
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-5-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-5-logic-deontic-1

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-5-norm
type: Obligation
modality: Deontic
part of: 12CB(5) Unconscionable conduct in connection with financial services
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cb-ss-5-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: =
logic summary: Defines term
premise text: Term used in section
conclusion text: Listed public company
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

12CC Matters the court may have regard to for the purposes of
type: Concept
realized by: sch-2-sec-12cc
has part: 12CC(1) Matters the court may have regard to for the purposes of
has part: 12CC(2) Matters the court may have regard to for the purposes of
has part: 12CC(3) Matters the court may have regard to for the purposes of
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.10

12CC(1) Matters the court may have regard to for the purposes of
type: Concept
realized by: sch-2-sec-12cc-ss-1
part of: 12CC Matters the court may have regard to for the purposes of
note: Court may have regard to various factors when determining whether a person has contravened section 12CB in connection with the supply or possible supply of financial services.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.10
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-1-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-1-logic-deontic-1
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-1-logic-alleninterval-2
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-1-logic-ltl-3
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-1-logic-deontic-4

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-1-norm
type: Obligation
modality: Deontic
part of: 12CC(1) Matters the court may have regard to for the purposes of
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-1-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: may have regard to
logic summary: Court may consider various factors when determining whether a person has contravened section 12CB.
premise text: (1) Without limiting the matters to which the court may have regard for the purpose of determining...
conclusion text: ...the court may have regard to: (a) the relative strengths of the bargaining positions of the supplier and the service recipient; and
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-1-logic-alleninterval-2
type: LogicApplication
modality: AllenInterval
operator: has a temporal relation
logic summary: The text mentions specific time-related factors, such as the amount for which the service recipient could have acquired identical or equivalent financial services.
premise text: (e) the amount for which, and the circumstances under which, the service recipient could have acquired identical or ComLaw Authoritative Act C2011A00184 Unconscionable conduct Schedule 2 equivalent financial services from a person other than the
conclusion text: ...the extent to which the supplier’s conduct towards the service recipient was consistent with the supplier’s conduct in similar transactions between the supplier and other like service recipients;
execution surface: modalities::interval_reasoning
confidence: 1.0000
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-1-logic-ltl-3
type: LogicApplication
modality: LTL
operator: has an ordered trace
logic summary: The text mentions specific factors that must be considered in a particular order, such as the relative strengths of the bargaining positions.
premise text: (a) the relative strengths of the bargaining positions of the supplier and the service recipient; and
conclusion text: ...the extent to which the supplier unreasonably failed to disclose to the service recipient: (i) any intended conduct of the supplier that might affect the interests of the service recipient;
execution surface: modalities::temporal_ltl
confidence: 1.0000
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-1-logic-deontic-4
type: LogicApplication
modality: Deontic
operator: has a duty
logic summary: The text imposes obligations on the supplier, such as disclosing information and acting in good faith.
premise text: (i) if there is a contract between the supplier and the service recipient for the supply of the financial services: (i) the extent to which the supplier was willing to negotiate the terms and conditions of the contract with the service recipient;
conclusion text: ...the conduct of the supplier and the service recipient in complying with the terms and conditions of the contract;
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

12CC(2) Matters the court may have regard to for the purposes of
type: Concept
realized by: sch-2-sec-12cc-ss-2
part of: 12CC Matters the court may have regard to for the purposes of
note: Court may have regard to various factors when determining whether a person has contravened section 12CB in connection with the acquisition or possible acquisition of financial services.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.10
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-2-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-2-logic-deontic-1
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-2-logic-alleninterval-2
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-2-logic-ltl-3
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-2-logic-deontic-4

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-2-norm
type: Obligation
modality: Deontic
part of: 12CC(2) Matters the court may have regard to for the purposes of
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-2-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: may have regard to
logic summary: Court's obligation to consider various factors when determining whether a person has contravened section 12CB.
premise text: The court may have regard to...
conclusion text: ...when determining whether a person has contravened section 12CB.
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-2-logic-alleninterval-2
type: LogicApplication
modality: AllenInterval
operator: within a temporal interval
logic summary: Court's consideration of various factors is within a specific time frame.
premise text: (2) Without limiting...
conclusion text: ...within a specific time frame.
execution surface: modalities::interval_reasoning
confidence: 1.0000
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-2-logic-ltl-3
type: LogicApplication
modality: LTL
operator: recurring trace
logic summary: Court's consideration of various factors is part of a recurring pattern.
premise text: The court may have regard to...
conclusion text: ...part of a recurring pattern.
execution surface: modalities::temporal_ltl
confidence: 1.0000
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-2-logic-deontic-4
type: LogicApplication
modality: Deontic
operator: may not require disclosure
logic summary: Court's obligation to disclose information is not absolute.
premise text: the acquirer unreasonably failed to...
conclusion text: ...not absolute.
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

12CC(3) Matters the court may have regard to for the purposes of
type: Concept
realized by: sch-2-sec-12cc-ss-3
part of: 12CC Matters the court may have regard to for the purposes of
note: Industry code definition
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.10
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-12cc-ss-3-norm

2 Paragraph 131(2)(a)
type: Concept
realized by: sch-2-sec-2
note: Substitute section numbers
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.13
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-2-norm

3 Subsection 20(2) of Schedule 2
type: Concept
realized by: sch-2-sec-3
note: Omit “or 22”.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.13
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-3-norm

4 Sections 21 and 22 of Schedule 2
type: Concept
realized by: sch-2-sec-4
note: Repeal sections and substitute with new provisions
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.13
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-4-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-4-logic-deontic-1

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-4-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Prohibit
logic summary: Prohibits unconscionable conduct
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

21 Unconscionable conduct in connection with goods or services
type: Concept
realized by: sch-2-sec-21
has part: 21(1) Unconscionable conduct in connection with goods or services
has part: 21(2) Unconscionable conduct in connection with goods or services
has part: 21(3) Unconscionable conduct in connection with goods or services
has part: 21(4) Unconscionable conduct in connection with goods or services
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.14

21(1) Unconscionable conduct in connection with goods or services
type: Concept
realized by: sch-2-sec-21-ss-1
part of: 21 Unconscionable conduct in connection with goods or services
note: Prohibition on unconscionable conduct in trade or commerce
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.14
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-1-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-1-logic-deontic-1

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-1-norm
type: Prohibition
modality: Deontic
part of: 21(1) Unconscionable conduct in connection with goods or services
borne by: Agent
scope note: borne by: Agent
deontic status: HeuristicDerived
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-1-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: forbid
logic summary: Prohibits unconscionable conduct
premise text: Trade or commerce
conclusion text: No unconscionable conduct
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

21(2) Unconscionable conduct in connection with goods or services
type: Concept
realized by: sch-2-sec-21-ss-2
part of: 21 Unconscionable conduct in connection with goods or services
note: Exempt from unconscionable conduct
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.14
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-2-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-2-logic-deontic-1
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-2-logic-linearlogic-2

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-2-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: forbid
logic summary: Prohibits conduct
premise text: (2) This section does not apply to conduct that is engaged in only because the person engaging in the conduct:
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-2-logic-linearlogic-2
type: LogicApplication
modality: LinearLogic
operator: implies
logic summary: Implies exempt condition
premise text: (2) This section does not apply to conduct that is engaged in only because the person engaging in the conduct:
execution surface: modalities::linear
confidence: 1.0000
curation status: Proposed

21(3) Unconscionable conduct in connection with goods or services
type: Concept
realized by: sch-2-sec-21-ss-3
part of: 21 Unconscionable conduct in connection with goods or services
note: Court must not consider unforeseeable circumstances when determining contravention.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.14
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-3-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-3-logic-deontic-1
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-3-logic-epistemic-2

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-3-norm
type: Obligation
modality: Deontic
part of: 21(3) Unconscionable conduct in connection with goods or services
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-3-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: MustNotConsider
logic summary: Court must not consider unforeseeable circumstances.
premise text: None
conclusion text: None
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-3-logic-epistemic-2
type: LogicApplication
modality: Epistemic
operator: ReasonablyForeseeable
logic summary: Court may consider circumstances reasonably foreseeable at the time of contravention.
premise text: None
conclusion text: None
execution surface: modalities::epistemic
confidence: 1.0000
curation status: Proposed

21(4) Unconscionable conduct in connection with goods or services
type: Concept
realized by: sch-2-sec-21-ss-4
part of: 21 Unconscionable conduct in connection with goods or services
note: Court must consider contract terms and manner of performance when determining unconscionable conduct.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.14
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-4-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-4-logic-deontic-1

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-4-norm
type: Obligation
modality: Deontic
part of: 21(4) Unconscionable conduct in connection with goods or services
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-21-ss-4-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: MUST
logic summary: Court must consider contract terms and manner of performance.
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

22 Matters the court may have regard to for the purposes of
type: Concept
realized by: sch-2-sec-22
has part: 22(1) Matters the court may have regard to for the purposes of
has part: 22(2) Matters the court may have regard to for the purposes of
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.15

22(1) Matters the court may have regard to for the purposes of
type: Concept
realized by: sch-2-sec-22-ss-1
part of: 22 Matters the court may have regard to for the purposes of
note: Court may have regard to various factors when determining whether a person has contravened section 21 in connection with the supply or possible supply of goods or services.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.15
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22-ss-1-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22-ss-1-logic-deontic-1
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22-ss-1-logic-alleninterval-2
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22-ss-1-logic-ltl-3
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22-ss-1-logic-cogai-4
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22-ss-1-logic-shacl-5

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22-ss-1-norm
type: Obligation
modality: Deontic
part of: 22(1) Matters the court may have regard to for the purposes of
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22-ss-1-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: mayHaveRegardTo
logic summary: Court may have regard to various factors when determining whether a person has contravened section 21 in connection with the supply or possible supply of goods or services.
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22-ss-1-logic-alleninterval-2
type: LogicApplication
modality: AllenInterval
operator: withinTemporalInterval
logic summary: The court may have regard to various factors when determining whether a person has contravened section 21 in connection with the supply or possible supply of goods or services.
execution surface: modalities::interval_reasoning
confidence: 1.0000
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22-ss-1-logic-ltl-3
type: LogicApplication
modality: LTL
operator: hasRecurringTrace
logic summary: The court may have regard to various factors when determining whether a person has contravened section 21 in connection with the supply or possible supply of goods or services.
execution surface: modalities::temporal_ltl
confidence: 1.0000
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22-ss-1-logic-cogai-4
type: LogicApplication
modality: CogAI
operator: hasKnowledgeGraph
logic summary: The court may have regard to various factors when determining whether a person has contravened section 21 in connection with the supply or possible supply of goods or services.
execution surface: sparql_library::parsers::chk_parser
confidence: 1.0000
curation status: Proposed

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22-ss-1-logic-shacl-5
type: LogicApplication
modality: SHACL
operator: hasSchema
logic summary: The court may have regard to various factors when determining whether a person has contravened section 21 in connection with the supply or possible supply of goods or services.
execution surface: modalities::logic::shacl
confidence: 1.0000
curation status: Proposed

22(2) Matters the court may have regard to for the purposes of
type: Concept
realized by: sch-2-sec-22-ss-2
part of: 22 Matters the court may have regard to for the purposes of
note: Court may have regard to certain matters when determining whether a person has contravened section 21 in connection with the acquisition or possible acquisition of goods or services.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.15
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22-ss-2-norm

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22-ss-2-norm
type: Obligation
modality: Deontic
part of: 22(2) Matters the court may have regard to for the purposes of
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

22A Presumptions relating to whether representations are
type: Concept
realized by: sch-2-sec-22a
note: Presumptions relating to whether representations are misleading
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.18
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22a-norm

competition-and-consumer-legislation-amendment-act-2011-sch-2-sec-22a-norm
type: Obligation
modality: Deontic
part of: 22A Presumptions relating to whether representations are
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

1 Item 36 of Schedule 5
type: Concept
realized by: sch-3-sec-1
note: Substitute certain section numbers in Schedule 5.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.19
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-1-norm

competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-1-norm
type: Obligation
modality: Deontic
part of: 1 Item 36 of Schedule 5
borne by: State
scope note: borne by: State
deontic status: HeuristicDerived
curation status: Proposed

2 Item 50 of Schedule 5
type: Concept
realized by: sch-3-sec-2
note: Omit “or of the Australian Consumer Law”.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.19
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-2-norm

3 Item 54 of Schedule 5 (note)
type: Concept
realized by: sch-3-sec-3
note: Omit “or Australian Consumer Law”.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.19
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-3-norm

4 Item 65 of Schedule 5
type: Concept
realized by: sch-3-sec-4
note: Omit specified provision from law.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.19
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-4-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-4-logic-deontic-1

competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-4-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Prohibit
logic summary: Imposes prohibition on omission.
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

5 Item 71 of Schedule 5
type: Concept
realized by: sch-3-sec-5
note: Omit specified phrase from Australian Consumer Law.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.19
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-5-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-5-logic-deontic-1

competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-5-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Prohibit
logic summary: Prohibits omission of specified phrase.
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

6 Item 74 of Schedule 5
type: Concept
realized by: sch-3-sec-6
note: Omit 'or 6(1)'
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.19
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-6-norm

7 Item 90 of Schedule 5
type: Concept
realized by: sch-3-sec-7
note: Omit specified provisions of the Australian Consumer Law.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.19
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-7-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-7-logic-deontic-1

competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-7-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Prohibit
logic summary: Prohibits omitting specified provisions.
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

8 Item 90 of Schedule 5
type: Concept
realized by: sch-3-sec-8
note: Omit 'Division 2', substitute 'or Division 2'
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.19
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-8-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-8-logic-deontic-1

competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-8-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Obligation
logic summary: Imposes an obligation
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed

9 Item 96 of Schedule 5
type: Concept
realized by: sch-3-sec-9
note: Omit ‘or a’, substitute ‘, or of a’.
curation status: Proposed
schema version: 2
proposed by: legis2cml
source: competition-and-consumer-legislation-amendment-act-2011.pdf, p.19
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-9-norm
asserts: competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-9-logic-deontic-1

competition-and-consumer-legislation-amendment-act-2011-sch-3-sec-9-logic-deontic-1
type: LogicApplication
modality: Deontic
operator: Prohibit
logic summary: Prohibits omitting ‘or a’, substituting ‘, or of a’.
execution surface: modalities::logic::deontic
confidence: 1.0000
curation status: Proposed