competition-and-consumer-amendment-act.pdf, p.7
Substitute certain sections with new text.
1 Paragraph 6(2)(b)
competition-and-consumer-amendment-act.pdf, p.14
10 Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
competition-and-consumer-amendment-act.pdf, p.18
10 Subsection 91C(7)
Disclosure of information by a corporation to a person is permitted if the information relates to goods or services supplied or likely to be supplied, or acquired or likely to be acquired.
10(1) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Temporal relation between disclosure and supply/acquisition
Disclosure of information by a corporation to a person is permitted if the person is a competitor or potential competitor and the corporation did not know, and could not reasonably be expected to have known, that the person was such a competitor or potential competitor.
10(2) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
The temporal interval for disclosure is from now until the corporation knows or reasonably expects to know that the person is a competitor or potential competitor.
Temporal interval for disclosure of information
Disclosure of information by the corporation to the person.
The inference is that the person is a competitor or potential competitor.
Inference from disclosure of information
The corporation did not know, and could not reasonably be expected to have known, that the person was such a competitor or potential competitor.
The person is a competitor or potential competitor.
Information about competitors and potential competitors is diffused through the market.
Diffusion of information about competitors and potential competitors
The disclosure of information by the corporation to the person.
The validation is that the disclosure of information is valid.
Disclosure of information by corporation in joint venture is permitted under certain conditions.
10(3) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclosure is made for the purposes of the joint venture or in the course of negotiations for the joint venture.
Disclosure of information between corporations is permitted under certain conditions.
10(3A) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
The disclosure occurs after the effective date.
(3A) Section 44ZZW does not apply to the disclosure of information between 2 or more corporations (the relevant corporations) if:
The disclosure occurs before the effective date.
Disclosure of information by a corporation to another person is permitted under certain conditions.
10(3B) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Exemption from disclosure of information under Section 44ZZW
10(4) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Section 44ZZW does not apply to disclosure of information in connection with a contract or arrangement
Repeal heading and substitute with new title.
11 Subdivision A of Division 2 of Part VII (heading)
competition-and-consumer-amendment-act.pdf, p.16
12 Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
competition-and-consumer-amendment-act.pdf, p.19
Insertion of section reference in subsection heading
12 Subsection 93(1)
12(5) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
These provisions are relevant to determining whether disclosure is permitted
Defines temporal intervals for loan and credit provision
The text mentions loans and credits provided by corporations
This analysis is not directly applicable to the disclosure provision
Analyzes the role of artificial intelligence in loan and credit provision
The text mentions loans and credits provided by corporations, which may involve AI
These conditions must be satisfied for disclosure to be allowed
Discloses conditions under which disclosure is permitted
The text states that disclosure is permitted if certain conditions are met
This notification is necessary for determining whether disclosure is permitted
Describes the relationship between loan provision and insolvency notification
The text states that a corporation must have been notified of an insolvency situation before disclosing information
This validation is not directly applicable to the disclosure provision
Validates the structure of loan and credit information
The text mentions loans and credits provided by corporations, which may involve structured data
A relevant corporation must be notified of a borrower insolvency situation if there are reasonable grounds for suspecting that one or more of the following may be or become insolvent.
12(6) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
The corporation must be notified of the borrower insolvency situation.
The corporation is notified of a borrower insolvency situation if there are reasonable grounds for suspecting that one or more of the following may be or become insolvent.
The corporation must be notified of the borrower insolvency situation if there are reasonable grounds for suspecting that one or more of the following may be or become insolvent.
Must provide notification if grounds exist
There are reasonable grounds for suspecting that one or more of the following may be or become insolvent.
The corporation must be notified of the borrower insolvency situation by the borrower or guarantor.
Must provide notification by borrower or guarantor
The notification is given by the borrower, or by a person referred to in subparagraph (a)(ii).
The corporation must be notified of the borrower insolvency situation if the person bears an evidential burden in relation to the matters set out in that subsection on which the person seeks to rely.
Must provide notification if grounds exist and person seeks to rely on subsection 44ZZU(2) or (4)
The person bears an evidential burden in relation to the matters set out in that subsection on which the person seeks to rely.
The corporation must not be directly or indirectly knowingly concerned in, or party to, a contravention of section 44ZZW or 44ZZX.
Must not be directly or indirectly knowingly concerned in, or party to, a contravention of section 44ZZW or 44ZZX
A person is not taken to be directly or indirectly knowingly concerned in, or party to, a contravention of section 44ZZW or 44ZZX merely because the person is a recipient of information disclosed in contravention of that section.
The corporation must not be directly or indirectly knowingly involved in contravention of section 44ZZW or 44ZZX.
Must not be directly or indirectly knowingly involved in contravention of section 44ZZW or 44ZZX
13 Paragraph 93(3A)(a)
14 Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
14 Subsections 93(7A), (7B) and (7C)
15 Subsection 101(1A)
16 Subsection 101(2)
competition-and-consumer-amendment-act.pdf, p.20
16 Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclosure of information to a person's agent is taken to have been made by the discloser to that person. Disclosure of information to competitors or potential competitors is private.
16(1) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclosure is private if it overlaps with a particular market.
Disclosure is taken to have been made by discloser to that person.
The law takes action on behalf of the discloser.
Discloser makes disclosure to person's agent.
The law extends the scope of the obligation to include disclosures to agents.
Disclosure is taken to have been made by discloser to that other person.
Discloser makes disclosure to another person in the same capacity.
Obligation to disclose information to competitors or potential competitors.
Disclosure of information by a person to another person is disregarded if made in the other person's capacity as an agent. Duty to determine private disclosure to competitors in relation to a particular market.
16(2) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Exclusion of disclosure based on agency relationship
Disclosure of information to intermediary is taken to have been made by the first person.
16(3) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
The disclosure of the information to the intermediary is disregarded unless it overlaps with the recipient disclosure.
Disclosure overlaps with recipient disclosure
(d) the disclosure of the information to the recipients is taken to have been made by the first person;
The disclosure of the information is taken to have been made by the first person.
The first person makes a disclosure of information to the intermediary.
The intermediary is permitted to disclose the information to others.
Intermediary may disclose information to others
(b) the first person makes the disclosure to the intermediary for the purpose of the intermediary disclosing (or arranging for the disclosure of) the information to one or more other persons;
The state is obligated to regulate the disclosure.
Competition and Consumer Amendment Act C2011A00185
Disclosure of information is disregarded if due to accident, default, or other cause beyond control.
16(4) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Exclusion by accident, default, or other cause beyond control.
16(5) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
17 After Division 1 of Part 1 of Schedule 1
competition-and-consumer-amendment-act.pdf, p.22
18 Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclose information about Division 1A goods or services under certain conditions.
18(1) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Prohibits disclosure of information about Division 1A goods or services.
Court may consider factors when determining if a disclosure substantially lessens competition in a market.
18(2) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclosure of information for substantially lessening competition in a market Disclosure of pricing information to competitors is prohibited.
18(3) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Prohibits disclosure of pricing information to competitors.
Insert clause after Division 1 of Part IV
2 After Division 1 of Part IV
competition-and-consumer-amendment-act.pdf, p.24
20 Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclosure of information is permitted if authorized by law.
20(1) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclosure of information to related bodies corporate is permitted.
20(2) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclosure of information is permitted under certain conditions.
20(3) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
20(4) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
The disclosure of the information is made in the course of engaging in conduct that is covered by the authorisation.
(a) an authorisation under section 88 (other than subsection 88(6A)) applies to or in relation to the person; and (b) the authorisation is in force;
Exemption from section 44ZZW or 44ZZX under certain conditions.
Authorization under section 88(6A) for disclosure under section 44ZZW or 44ZZX.
Disclosure covered by notification under section 93
Temporal interval for disclosure under section 44ZZW or 44ZZX.
(c) the disclosure of the information is made in the course of engaging in conduct that is covered by the authorisation.
Disclosure of information by a person is permitted if certain conditions are met.
20(5) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Exemption from disclosure of information for compliance with Corporations Act 2001 Chapter 6CA
20(6) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
competition-and-consumer-amendment-act.pdf, p.26
22 Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclosure of information by a person to another is permitted if the information relates to goods or services supplied or likely to be supplied, or acquired or likely to be acquired.
22(1) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclosure of information to a competitor or potential competitor without knowledge.
22(2) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclosure is permitted due to temporal interval.
The disclosure occurs in the market referred to in that section.
Disclosure is permitted due to inference.
Inference of permission from definition.
Section 44ZZW does not apply to the disclosure of information by a person (the first person) to another person (the recipient).
The recipient is a competitor or potential competitor.
Disclosure is permitted due to ignorance.
Lack of knowledge about the recipient's status.
The first person did not know, and could not reasonably be expected to have known, that the recipient was such a competitor or potential competitor.
Disclosure is permitted due to recurring trace.
Recurring trace of disclosure to competitors.
The recipient is a competitor or potential competitor in the market referred to in that section.
Disclosure of information by a person is permitted in certain circumstances.
22(3) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Temporal relation between disclosure and joint venture.
The disclosure is made for the purposes of the joint venture or in the course of negotiations for the joint venture.
Knowledge representation of joint ventures.
Recurring trace of participants in a joint venture.
The disclosure is to one or more participants or proposed participants in the joint venture, and is not to any other person.
Validation of schema against joint venture data.
Disclosure of information between relevant persons is permitted under certain conditions.
22(3A) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Indicates that disclosure is permitted under certain conditions
Disclosure of information by a credit provider to another person providing a credit service is permitted.
22(3B) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Prohibits disclosure of information in connection with a contract or arrangement for the acquisition of shares or assets.
22(4) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
competition-and-consumer-amendment-act.pdf, p.28
24 Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
24(5) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
the disclosure is made after the borrower has been notified of a borrower insolvency situation
the disclosure is for the purpose of one or more of the relevant persons considering whether to take measures to return the borrower to solvency
has provided a loan or credit to another person (the borrower)
at least one of the relevant persons has provided a loan or credit to another person (the borrower)
the disclosure is made before the borrower becomes insolvent
A relevant person must be notified of a borrower insolvency situation if there are reasonable grounds for suspecting that the borrower or someone who gave a guarantee may become insolvent.
24(6) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
The notification must occur before the borrower becomes insolvent.
Notification must occur before the borrower becomes insolvent
If: (a) proceedings are brought against a person in respect of section 44ZZW or 44ZZX; and (b) the person seeks to rely on subsection 44ZZU(2) or (4), or on a subsection of section 44ZZY or 44ZZZ;
The relevant person must be notified of the situation.
There are reasonable grounds for suspecting that the borrower or someone who gave a guarantee may become insolvent.
Must provide notification if notified by the borrower or guarantor
Person bears evidential burden if seeking to rely on subsections of section 44ZZY or 44ZZZ
Person must provide evidence if seeking to rely on subsections of section 44ZZY or 44ZZZ
competition-and-consumer-amendment-act.pdf, p.17
3 Paragraph 84(1)(b)
competition-and-consumer-amendment-act.pdf, p.8
4 Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
4 Paragraph 84(3)(b)
Disclosure of information to competitors is private if not to other persons. Disclosure to discloser’s own agent
4(1) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclosure of information by a corporation to another person is disregarded if made in the person's capacity as an agent of the corporation.
4(2) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
The Minister must be satisfied that the prescribed process has been complied with before regulations are made. Disclosure of information to recipients is taken to have been made by the corporation.
4(3) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
(d) the disclosure of the information to the recipients is taken to have been made by the corporation;
The disclosure of information occurs during the intermediary's action.
(a) a corporation makes a disclosure of information to a person (the intermediary); and (b) the corporation makes the disclosure to the intermediary for the purpose of the intermediary disclosing (or arranging for the disclosure of) the information to one or more other persons; and (c) the information is so disclosed to one or more of those other persons (the recipients);
The intermediary's action implies the disclosure of information.
The disclosure of information is taken to have been made by the corporation.
The disclosure of information spreads through the intermediary.
Disclosure of information by a corporation to a person is disregarded if due to an accident, default of another person, or some other cause beyond the control of the corporation. Exemption for first regulations made under subsection (1)
4(4) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
The accident, default of another person, or other cause beyond the control of the corporation falls within this temporal interval.
Temporal interval during which disclosure is disregarded
Disclosure is disregarded during certain circumstances.
The disclosure of information is not an obligation.
The disclosure of information is an obligation.
4(5) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
5 After subsection 88(6)
Commission may grant authorisation to corporation to make disclosure of information.
5(6A) After subsection 88(6)
Commission cannot grant authorisation for disclosure of information before determination.
5(6B) After subsection 88(6)
Disclosure must occur before Commission's determination.
(6B) The Commission does not have power to grant an authorisation under subsection (6A) to a corporation to make a particular disclosure of information if the disclosure occurred before the Commission makes a determination in respect of the application.
Prohibition on granting authorisation for disclosure of information before determination.
Disclosure must be recurring for Commission's power to apply.
Commission may grant a single authorisation in respect of all the disclosures or separate authorisations for any one or more of the disclosures.
5(6C) After subsection 88(6)
competition-and-consumer-amendment-act.pdf, p.10
6 Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
6 After subsection 90(5B)
Commission must not make a determination granting an authorization unless satisfied of public benefit.
6(5C) After subsection 90(5B)
...the proposed disclosure should be allowed to be made.
Temporal overlap between authorization and public benefit consideration
(5C) The Commission must not make a determination...
Commission's obligation to consider public benefit
Information flow between authorization and public benefit consideration
Recurring trace of public benefit consideration
Commission cannot make a determination granting an authorization under subsection 88(6A) unless certain conditions are met.
6(5D) After subsection 90(5B)
...unless the Commission is satisfied in all the circumstances: (a) that the proposed disclosure would result, or be likely to result, in a benefit to the public;
Temporal interval for authorization under subsection 88(6A)
(5D) The Commission must not make a determination...
Artificial intelligence reasoning for authorization under subsection 88(6A)
...unless the Commission is satisfied in all the circumstances:
Prohibition of authorization under subsection 88(6A)
Diffusion of information under subsection 88(6A)
Recurring trace for authorization under subsection 88(6A)
6(1) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclosures to non-competitors must be disregarded if made to avoid section 44ZZW application. Court may consider factors when determining if a corporation made a disclosure to substantially lessen competition in a market.
6(2) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclosures must be made within a specific time frame if they are not made to competitors.
Disclosure must be within a specific time frame.
Disclosures to non-competitors are disregarded if made to avoid section 44ZZW application.
Disclosures must be made to competitors.
Corporations must make disclosure for market purposes if they are not making it to competitors.
Corporation must make disclosure for market purposes.
Disclosures are through an intermediary if they are directed or requested by the corporation.
Disclosure is through an intermediary if it is directed or requested by the corporation.
Disclosures are recurring if they are made to non-competitors.
Disclosure is recurring if it is made to non-competitors.
Disclosure of pricing information to competitors is prohibited.
6(3) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
7 Subsection 91A(4)
competition-and-consumer-amendment-act.pdf, p.12
8 Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Substitute section 90(5C), (8) for section 90(8)
8 Subsection 91A(5)
Disclosure of information by a corporation is permitted if authorized by law.
8(1) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
8(2) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclosure of information by a corporation is permitted under certain conditions. A corporation may be taken to have made a disclosure of information for the purpose of substantially lessening competition in a market.
8(3) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
The corporation has given the Commission a collective bargaining notice...
Establishes an obligation on corporations to disclose information.
Disclosure of information by a corporation is permitted if certain conditions are met.
8(4) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
8(5) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Disclosure of information by a corporation is permitted under certain conditions.
8(6) Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
9 Subsection 91B(5)
competition-and-consumer-amendment-act.pdf, p.5
Cites this Act as the Competition and Consumer Amendment Act (No. 1) 2011.
1 Short title
competition-and-consumer-amendment-act.pdf, p.6
1 Section 1
2 Competition and Consumer Amendment Act (No. 1) 2011 No. 185, 2011
Commencement rules for provisions in the Act.
2 Commencement
Schedule 1 triggers after a period of 6 months from the Act's reception of Royal Assent.
2 Section 2
Schedules amendment and repeal provisions for Acts specified in them.
3 Schedule(s)
6 December
Note on table limitations and amendments
6 June 2012
An Act to amend the Competition and Consumer Act 2010, and for related purposes
Competition and Consumer Amendment Act (No. 1) 2011. ComLaw Authoritative Act C2011A00185