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