competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.11
Definition of competition includes goods and services from non-resident persons.
1 Subsection 4(1) (definition of competition)
Definition of competition includes goods and services.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.81
Repeal section and substitute with new content.
1 Section 83
Applicable to findings of fact and admissions made after commencement.
2 Application provision
83 Findings and admissions of fact in proceedings to be evidence
Findings and admissions of fact in proceedings are prima facie evidence.
83(1) Findings and admissions of fact in proceedings to be evidence
Document under the seal of the court or a document filed in the court
Provision for proof of findings or admissions in court proceedings
83(2) Findings and admissions of fact in proceedings to be evidence
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.82
1 Subsection 155(1)
Matter must be a matter that constitutes or may constitute a contravention of the Act.
2 After subsection 155(1)
3 After subsection 155(5A)
Written response including scope and limitations of search.
Exemption from duty to produce documents under certain circumstances.
3(5B) After subsection 155(5A)
the person is not aware of the documents;
the person provides a written response to the notice,
A defendant bears a legal burden in relation to the matter in paragraph (5B)(b) (see section 13.4 of the Criminal Code).
Paragraph (5)(a) does not apply to the extent that...
Granting permission to a person under certain circumstances.
The notice relates to producing documents; and the person proves that, after a reasonable search, the person is not aware of the documents;
The person's belief about their awareness of the documents.
the person proves that, after a reasonable search, the person is not aware of the documents;
The person's actions in relation to the search.
the person provides a written response to the notice, including a description of the scope and limitations of the search.
Guidelines for determining reasonableness of a search
3(6) After subsection 155(5A)
...the ease and cost of retrieving a document relative to the resources of the person who was given the notice;
Temporal interval for consideration of certain factors when determining reasonableness of a search
(a) the nature and complexity of the matter to which the notice relates;
Use of artificial intelligence in consideration of certain factors when determining reasonableness of a search
a determination of whether a search is reasonable may take into account...
Duty to consider certain factors when determining reasonableness of a search
(6) For the purposes of (but without limiting) paragraph (5B)(b)
Spread of consideration of certain factors when determining reasonableness of a search
(c) the ease and cost of retrieving a document relative to the resources of the person who was given the notice;
Temporal limit for consideration of certain factors when determining reasonableness of a search
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.83
Omit specified fine and imprisonment terms.
4 Subsection 155(6A)
Continuation of existing notices under subsection 155(1) of the Competition and Consumer Act 2010
5 Existing section 155 notices
Section 155 of the Competition and Consumer Act 2010 applies
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.84
Defines declaration criteria for a service.
1 Section 44B
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.87
Repeal section and substitute with new provision
10 Section 44G
The designated Minister must be satisfied of all declaration criteria before declaring a service.
11 Subsections 44H(2) to (6C)
Mandatory decision-making and publication within a specified timeframe.
12 Subsection 44H(9)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.88
Cannot recommend revocation of a declaration unless certain conditions are met.
13 Subsection 44J(2)
Prohibition on recommending revocation of a declaration
14 Paragraph 44LB(3)(b)
substitute ‘declaration criteria for the service’
Omit ‘matters referred to in subsection 44G(2)’
15 Paragraph 44LG(5)(b)
Omit ‘matters referred to in subsection 44H(4)’
16 Subsection 44LG(7)
Omit specific text and substitute with new phrase.
17 Paragraph 44LI(2)(a)
18 Subsection 44LI(10)
Amendments apply in relation to applications made under subsection 44F(1) of the Competition and Consumer Act 2010 on or after commencement.
19 Application and transitional provisions
2 After section 44C
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.90
20 After Subdivision C of Division 2A of Part IIIA
The Council must consider recommending the Commonwealth Minister revoke a decision if an access regime is deemed ineffective. Request for information from a person
20(1) After Subdivision C of Division 2A of Part IIIA
consider whether to recommend that the Commonwealth Minister revoke the decision.
The decision was made between a certain date and another date.
that a regime established by a State or Territory for access to a service is an effective access regime, the Council: (a) may, on its own initiative;
The obligation is contained within the temporal interval of the request.
Temporal interval: Request for information -> Obligation to provide information
The person must provide the specified information within a specified period.
If the Council requests information, then the person must provide it.
Inference: Request for information -> Obligation to provide information
The Council may give a person a written notice...
The request is an obligation to provide information.
Class hierarchy: Request for information -> Obligation to provide information
(b) must, on an application made under subsection (3);
The Council must consider recommending the Commonwealth Minister revoke a decision.
The person must provide the specified information.
The Council must give a copy of the notice to certain persons. Publish a notice and provide it to certain parties before considering revoking a decision.
20(2) After Subdivision C of Division 2A of Part IIIA
The Council must give a copy of the notice.
Any of the following may make a written application to the Council asking it to recommend that the Commonwealth Minister revoke the decision.
20(3) After Subdivision C of Division 2A of Part IIIA
Permission to make a written application
Council must consider recommendation in accordance with subsection 44M(4)
20(4) After Subdivision C of Division 2A of Part IIIA
Consider substantial changes or amendments to principles before making a recommendation.
20(5) After Subdivision C of Division 2A of Part IIIA
Council must recommend revocation in writing if satisfied.
20(6) After Subdivision C of Division 2A of Part IIIA
The Council must recommend revocation in writing.
The Council must, in writing, recommend to the Commonwealth Minister that he or she not revoke the decision.
20(7) After Subdivision C of Division 2A of Part IIIA
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.93
Omit 'or 44NA', substitute with specific alternatives.
21 Subsection 44NC(1)
Insert clause after 'the application is received'
22 Subsection 44NC(2)
23 Subsection 44NC(3)
Request for information in relation to an application or consideration
24 Subsection 44NC(3) (at the end of the table)
Insertion of condition into applicant's name
25 Subsection 44NC(5)
26 Paragraph 44NC(8)(a)
Substitute applicant if Commission is not acting on its own initiative
27 Paragraph 44NC(9)(a)
Commission is not acting on its own initiative
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.94
28 Subsection 44NE(1)
29 Subsection 44NE(3)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.85
The provider must be a State or Territory body with control over facility conditions.
3 Paragraph 44D(2)(a)
The provider must be a State or Territory body.
30 Subparagraph 44NE(6)(c)(iii)
Omit 'or 44NA', substitute ', 44NA or 44NBA'
31 Subsection 44NF(1)
Insertion of a condition after certain references
32 Paragraphs 44NF(2)(a) and (4)(a)
33 Subsection 44NG(1)
34 Paragraphs 44NG(2)(a) and (3)(a)
No one may apply for a recommendation under section 44NBA(3) after the Commonwealth Minister has made a decision under section 44NBC.
35 After subsection 44O(1)
No one may apply for a recommendation under section 44NBA(3)
Prohibition of application after decision made
Decision under section 44NBC has been made
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.95
36 Paragraph 44ZZOAAA(3)(a)
Prohibits omitting or substituting references.
Amendments apply in relation to decisions under section 44N of the Competition and Consumer Act 2010 made on or after 1 January 2017.
37 Application of amendments
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.96
Require provider to expand facility capacity or geographical reach.
38 After subsection 44V(2)
Insertion of expansion clause into paragraph 44W(1)(d)
39 Paragraph 44W(1)(d)
A State or Territory body with control over service conditions
4 Paragraph 44D(4)(a)
Provider must bear costs of extending facility
40 Paragraph 44W(1)(e)
41 Paragraph 44X(1)(e)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.97
42 Paragraph 29O(a)
Repeal and substitute a subparagraph with a new provision.
43 Subparagraph 29O(b)(ii)
44 Paragraph 29O(2)(a)
44CA Meaning of declaration criteria
Declaration criteria for a service must meet four conditions.
44CA(1) Meaning of declaration criteria
Consider facility expansion when determining capacity.
44CA(2) Meaning of declaration criteria
Facility expansion costs are considered in relation to its expanded capacity.
(b) without limiting paragraph (1)(b), the cost referred to in that paragraph includes all costs associated with having multiple users of the facility (including such costs that would be incurred if the service is declared).
Facility expansion consideration implies a duty to consider its expanded capacity.
(2) For the purposes of paragraph (1)(b):
Mandatory consideration of facility expansion.
Facility capacity is considered in relation to its expanded capacity.
(a) if the facility is currently at capacity, and it is reasonably possible to expand that capacity,
Council must have regard to the effect of declaring the service on investment and administrative costs.
44CA(3) Meaning of declaration criteria
The Council must consider the effect of declaring the service between now and a future point.
Council's consideration is within a specific timeframe.
(3) Without limiting the matters to which the Council may have regard...
The Council must consider the effect of declaring the service if it is declared.
Council's consideration implies a duty to declare the service.
The Council's consideration is a type of knowledge about investment and administrative costs.
Council's consideration is a type of knowledge.
The Council must consider the effect of declaring the service.
Council must consider the impact of declaring the service.
The Council's consideration of investment and administrative costs spreads to other entities.
Council's consideration spreads to other entities.
The Council must satisfy all declaration criteria before recommending a service.
44G Criteria for the Council recommending declaration of a service
The Council must satisfy all declaration criteria.
45 Subparagraph 29O(2)(b)(ii)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.86
5 Subsection 44F(1)
5(1) Subsection 44F(1)
the service is not eligible for declaration
Service subject to regime or undertaking
(a) the service is the subject of a regime for which a decision under section 44N that the regime is an effective access regime is in force
(d) there is a 15-year no-coverage determination in force under the National Gas Law in respect of the pipeline
(b) the service is the subject of an access undertaking in operation under Division 6
Service specified in facility tender process
(c) if a decision is in force under subsection 44PA(3) approving a tender process, for the construction and operation of a facility, as a competitive tender process—the service was specified, in the application for that decision, as a service proposed to be provided by means of the facility
(e) there is a decision of the designated Minister in force under section 44LG that the service is ineligible to be a declared service
Council must give written notice explaining why certain paragraphs apply and that an application cannot be made for a service.
5(1A) Subsection 44F(1)
6 Subsection 44F(2)
7 Subsection 44F(4)
8 Subsection 44F(8)
Information given in response to a notice under this section must be made publicly available, subject to any confidentiality concerns.
9 At the end of section 44FA
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.98
1 In the appropriate position in Part XIII
Definitions for amended Act and amending Act
180 Definitions
Amendment of definition of competition commences at a specified time.
181 Amendment of the definition of competition
No amendments apply to existing orders under section 87
182 Orders under section 87
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.99
183 Authorisations under section 88
Continuation of authorisation under section 88
183(1) Authorisations under section 88
Application for authorisation under section 88 is taken to be an application made under the amended Act if made before commencement time.
183(2) Authorisations under section 88
Authorisation granted before commencement time is taken to be an authorisation under section 88 as amended by Schedule 9.
183(3) Authorisations under section 88
...which had not come into force before the commencement time is, after the authorisation comes into force, taken to be (and may be dealt with as) an authorisation:
The authorisation overlaps with the commencement time.
(3) An authorisation granted before the commencement time...
The CogAI system recognises the authorisation.
...taken to be (and may be dealt with as) an authorisation:
Authorisation is permitted under section 88 as amended by Schedule 9.
...that specifies the following provision or provisions of
The authorisation diffuses to other provisions.
The authorisation repeats at the commencement time.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.100
Continuity of notices under section 93 after commencement
184 Notices under section 93
Notice continues in force during this period
Temporal relationship between notice and commencement
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.101
185 Merger clearances and authorisations
Continuation of former Division 3 clearances and authorisations
185(1) Merger clearances and authorisations
Continue to apply despite repeal, unless certain conditions are met.
185(2) Merger clearances and authorisations
Continuity of clearance application despite repeal
Clearance application before commencement time
Repeal of Subdivisions A and B of Division 3 of Part VII
Continues to apply Subdivisions A and C of Division 3 of Part VII despite repeal.
185(3) Merger clearances and authorisations
Conditional application of amended Part IX to clearance determinations
185(4) Merger clearances and authorisations
Conditional exemption from subsection (4) for clearance determinations made before commencement time.
185(5) Merger clearances and authorisations
Conditional exemption from subsection (4)
Granting of authorisation after commencement time
185(6) Merger clearances and authorisations
Clearance granted before commencement time is taken to be an authorisation after clearance comes into force.
185(7) Merger clearances and authorisations
Section 92 applies to information given to the Commission or Tribunal, at or after the commencement time, under Division 3 of
185(8) Merger clearances and authorisations
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.104
1 Subsections 5(3), (4) and (5)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.106
10 Paragraphs 95(1)(h) and (j)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.107
Disclosure is not required for certain agencies or bodies.
11 At the end of section 132A of Schedule 2
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.108
12 Subsection 79(5)
Amendment applies to contraventions occurring on or after commencement.
13 Application of amendments
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.109
Repeal paragraphs and substitute with new provisions regarding notice periods for consumer agreements.
14 Paragraphs 82(3)(a), (b), (c) and (d) of Schedule 2
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.110
Repeal paragraph, substitute with new termination period
15 Paragraph 85(3)(a) of Schedule 2
Repeal and substitute paragraph 85(6)(a) of Schedule 2 with a new provision regarding the termination of unsolicited consumer agreements.
16 Paragraph 85(6)(a) of Schedule 2
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.111
Repeal heading and substitute with new text.
17 Section 86 of Schedule 2 (heading)
179 Prohibition on supplies etc.
18 Subsection 86(1) of Schedule 2
Repeal paragraphs and substitute with new provisions for calculating time limits.
19 Paragraphs 86(1)(d) and (e) of Schedule 2
Repeal of subsections applies to hearings and applications commencing after commencement.
2 Application of amendments
20 Section 179 of Schedule 2 (heading)
21 Paragraph 179(1)(b) of Schedule 2
Substitute time period for agreement made
22 Subparagraphs 179(1)(b)(i) and (ii) of Schedule 2
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.113
Section 33 of Schedule 2 applies to Commonwealth conduct.
23 At the end of subsection 131(2)
Section applies to Commonwealth conduct.
Amendment applies to conduct occurring on or after commencement.
24 Application of amendments
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.114
Failure to comply with notice may result in court order.
25 After subsection 155(8)
Amendment applies in relation to refusal or failure to comply with notice given on or after commencement.
26 Application of amendments
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.115
Add at the end of Chapter 6 of Schedule 2
27 At the end of Chapter 6 of Schedule 2
Amendment applies in relation to disclosures made on or after commencement of Part.
291 Application of amendments relating to confidentiality of notices
Amendments apply in relation to unsolicited consumer agreements made on or after commencement.
292 Application of amendments relating to prohibition on supplies
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.105
3 Subsection 138B(2)
Modify subsection (2) of section 138C(1)
4 Subsection 138C(1)
5 Subsection 138C(3)
Repeal and substitute a provision with an obligation to determine matters under the Australian Consumer Law.
6 Paragraph 138D(1)(b)
Repeal and substitute a matter for determination in the proceeding.
7 Paragraph 138E(1)(b)
8 Application of amendments
86 Prohibition on supplies etc.
9 Paragraph 95(1)(gb)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.12
1 Paragraph 6(2C)(h)
Prohibits omission of specified provision
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.13
10 Paragraph 44ZZRD(7)(a)
11 Subsection 44ZZRO(1)
Omit 'contract containing a cartel provision if', substitute 'contract, arrangement or understanding containing a cartel provision if the defendant proves that'
12 Subsection 44ZZRO(1)
Repeal certain paragraphs and substitute with new provisions for joint ventures.
13 Paragraphs 44ZZRO(1)(a) and (b)
Insert ‘, arrangement or understanding’ after ‘the contract’.
14 Paragraphs 44ZZRO(1)(c) and (d)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.14
Defendant bears a legal burden in relation to the matter in this section.
15 Subsection 44ZZRO(1) (note 1)
Defendant's actions are related to a specific time period
Defendant believes they are not at fault
Defendant's actions can be traced back to their intentions
16 Subsections 44ZZRO(1A) to (4)
Omit specific clause under certain conditions.
17 Subsection 44ZZRP(1)
18 Paragraphs 44ZZRP(1)(a) and (b)
19 Paragraphs 44ZZRP(1)(c) and (d)
Acquisition of goods or services from persons or classes of persons by parties to a contract.
2 At the end of paragraph 44ZZRD(3)(a)
Repeal subsections and substitute with new obligation to prove on balance of probabilities.
20 Subsections 44ZZRP(1A) to (2)
Prohibition on acquiring goods or services from certain persons
21 At the end of paragraph 44ZZRD(3)(a) of Schedule 1
Forbids acquisition of goods or services from certain persons
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.15
Insertion of phrase in trade or commerce
22 Paragraphs 44ZZRD(4)(c) to (e) of Schedule 1
Insert 'in trade or commerce' after 'goods'
23 Paragraph 44ZZRD(4)(f) of Schedule 1
Insertion of 'in trade or commerce' after 'services'
24 Paragraphs 44ZZRD(4)(g) and (h) of Schedule 1
Acquisition of goods or services in trade or commerce is restricted.
25 After paragraph 44ZZRD(4)(h) of Schedule 1
Restricts acquisition of goods or services in trade or commerce.
26 Paragraphs 44ZZRD(4)(i) and (j) of Schedule 1
Repeal a note and substitute with new definitions.
27 Subsection 44ZZRD(4) of Schedule 1 (note)
28 Subsection 44ZZRD(5) of Schedule 1
29 Paragraph 44ZZRD(7)(a) of Schedule 1
3 Paragraphs 44ZZRD(4)(c) to (e)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.16
Omit specific clause from contract if certain condition is met.
30 Subsection 44ZZRO(1) of Schedule 1
Prohibits omitting clause from contract.
Repeal and substitute certain provisions related to joint ventures.
31 Paragraphs 44ZZRO(1)(a) and (b) of Schedule 1
Insert “, arrangement or understanding” after “the contract”.
32 Paragraphs 44ZZRO(1)(c) and (d) of Schedule 1
Proof of matter on the balance of probabilities
Repeal subsections and substitute with new requirement for proof.
33 Subsections 44ZZRO(1A) to (5) of Schedule 1
Omit specific clause from contract if defendant proves certain condition.
34 Subsection 44ZZRP(1) of Schedule 1
Repeal paragraphs and substitute with new provisions.
35 Paragraphs 44ZZRP(1)(a) and (b) of Schedule 1
Prohibits cartel provision for joint ventures.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.17
36 Paragraphs 44ZZRP(1)(c) and (d) of Schedule 1
Prove matter on balance of probabilities to rely on subsection (1)
37 Subsections 44ZZRP(1A) to (2) of Schedule 1
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.18
Renumbering Division 1 of Part IV and Schedule 1 of the Competition and Consumer Act 2010
38 Renumbering Division 1 of Part IV of the Competition and
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.19
Renumbering Division 1 of Part 1 of Schedule 1 to the Competition and Consumer Act 2010
39 Renumbering Division 1 of Part 1 of Schedule 1 to the
4 Paragraph 44ZZRD(4)(f)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.21
References in other Acts, instruments or documents to renumbered provisions
40 References in other Acts, instruments or documents to
5 Paragraphs 44ZZRD(4)(g) and (h)
Permits acquisition of goods or services in trade or commerce if certain conditions apply.
6 After paragraph 44ZZRD(4)(h)
Defines temporal interval for acquisition in trade or commerce.
Insert “in trade or commerce” after ‘services’.
7 Paragraphs 44ZZRD(4)(i) and (j)
8 Subsection 44ZZRD(4) (note)
9 Subsection 44ZZRD(5)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.22
1 Division 1A of Part IV
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.26
10 Subsections 45(7) and (8) of Schedule 1
10(7) Subsections 45(7) and (8) of Schedule 1
Temporal interval between subsections 45(7) and (8)
Section does not apply to certain contracts, arrangements, or understandings
Exemptions from application of section 10(7) and (8)
10(8) Subsections 45(7) and (8) of Schedule 1
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.27
Omit specific phrase and substitute with new phrase.
11 Paragraphs 4(2)(a) and (b)
12 Subparagraph 6(2)(b)(i)
Prohibits omitting specified sections and divisions.
13 Paragraph 6(2)(d)
Prohibits omission of specified subsection and paragraph
Replace subsection (2) with subsection (1)
14 Subsection 45(8A)
Omit 'subsection (2)' and substitute 'subsection (1)'
15 Subsection 45(9)
Repeal certain acts and practices related to employee remuneration and working conditions.
16 Paragraph 51(2)(a)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.28
17 At the end of paragraph 51(2)(b)
Repeal certain provisions of contracts and concerted practices.
18 Paragraphs 51(2)(c) and (d)
Provide full and accurate particulars of provision or concerted practice within 14 days after contract or arrangement is made, or before 8 September 1976.
19 Paragraph 51(2)(g)
Obligation to provide full and accurate particulars.
Condition for providing full and accurate particulars.
Full and accurate particulars were given within 14 days after contract or arrangement was made, or before 8 September 1976.
Alternative condition for providing full and accurate particulars.
2 Subsections 45(1) to (3)
Corporation cannot engage in practices that substantially lessen competition.
2(1) Subsections 45(1) to (3)
Temporal interval for anti-competitive practices
Prohibition of anti-competitive practices
Paragraph (1)(b) applies to contracts or arrangements made before or after the commencement of this section.
2(2) Subsections 45(1) to (3)
Defines competition in relation to a provision of a contract, arrangement or understanding.
2(3) Subsections 45(1) to (3)
Defines a subclass of 'arrangement or understanding'
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.29
Particulars of method of fixing, controlling or maintaining prices must be included.
20 After subsection 51(2)
Must provide particulars of method of fixing, controlling or maintaining prices.
21 Subsection 51(4)
22 Paragraph 84(1)(b)
23 Paragraph 84(3)(b)
Substitute paragraph 45(1)(a) for paragraph 45(2)(a)
24 Paragraph 93AB(1)(a)
Substitute paragraph 45(1)(b) for paragraph 45(2)(b)
25 Paragraph 93AB(1)(b)
Replace specific paragraph references with new ones.
26 Subsection 93AC(2)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.30
27 Subsection 166(1)
Omit specific words from contract or arrangement definitions.
28 Subsection 166(1)
Omit specific phrase from contracts, arrangements, or understandings.
29 Subsection 166(3)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.23
Making a contract does not constitute a contravention if it contains a provision that would otherwise be a contravention.
3 After subsection 45(5)
If the contract contains a provision that would otherwise be a contravention, it is exempt during the duration of the contract.
The making of a contract does not constitute a contravention if it contains a provision that would otherwise be a contravention.
If the contract contains a provision that would otherwise be a contravention, it is exempt.
The making of a contract does not constitute a contravention.
If the contract contains a provision that would otherwise be a contravention, it is permitted.
30 Subsection 45(8A) of Schedule 1
31 Subsection 45(9) of Schedule 1
Repeal certain acts and practices related to employee remuneration, conditions of employment, hours of work, or working conditions.
32 Paragraph 51(2)(a) of Schedule 1
33 At the end of paragraph 51(2)(b) of Schedule 1
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.31
34 Paragraphs 51(2)(c) and (d) of Schedule 1
Prohibits the provision or concerted practice.
any provision of a contract, arrangement or understanding; or any concerted practice;
Prohibits competition between the partnership and a party.
competition between the partnership and a party to the contract, arrangement, understanding or concerted practice, while the party is, or after the party ceases to be, a partner;
Repeal paragraph and substitute with new provision related to export of goods from Australia or supply of services outside Australia.
35 Paragraph 51(2)(g) of Schedule 1
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.32
36 After subsection 51(2) of Schedule 1
37 Subsection 51(4) of Schedule 1
Prohibits giving effect to certain provisions of contracts or arrangements.
4 Subsection 45(6)
Limits the scope to a specific time period.
(6) This section does not apply to or in relation to the giving effect to a provision of a contract, arrangement or understanding, or to or in relation to engaging in a concerted practice, by way of:
Exempts contracts, arrangements, and understandings from the application of section 7.
5 Subsections 45(7) and (8)
Permits exemptions for contracts, arrangements, and understandings.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.24
Repeal Division 1A of Part 1 of Schedule 1
6 Division 1A of Part 1 of Schedule 1
7 Subsections 45(1) to (3) of Schedule 1
No person can make a contract or arrangement that would substantially lessen competition.
7(1) Subsections 45(1) to (3) of Schedule 1
Defines a temporal interval for the provision.
Prohibits making a contract or arrangement that would substantially lessen competition.
7(2) Subsections 45(1) to (3) of Schedule 1
Paragraph (1)(b) applies in relation to...
Applicable to contracts or arrangements made before or after the commencement of this section.
7(3) Subsections 45(1) to (3) of Schedule 1
Applies to a provision of a contract, arrangement or understanding
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.25
8 After subsection 45(5) of Schedule 1
Excluding the provision from being a contravention.
The contract, arrangement or understanding contains a provision.
Permission to make a contract without it being a contravention.
An obligation to make a contract without it being a contravention.
The giving effect to the provision would constitute a contravention.
The provision is a subclass of a contravention.
Omit specific words from a provision of a contract or arrangement.
9 Subsection 45(6) of Schedule 1
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.33
1 Section 4D
2 Section 76C
Commission may give corporation an objection notice if certain conditions are met.
3 Subsection 93AC(1)
Commission has the power to give an objection notice.
4 Paragraph 10.08(1)(a)
5 Subsection 10.08(1)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.34
Defines contract and party in relation to a covenant.
1 Subsection 4(1)
Party to a contract is included in the contract.
Person is a subclass of party in this context.
Subclass relationship between party and person.
Party, to a contract that is a covenant, includes a person bound by,...
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.35
10 Sections 45B and 45C
11 Subsection 46A(6)
Repeal paragraph and substitute with a provision that does not confer rights or impose duties on corporations.
12 Paragraph 87(3)(a)
Prohibits the conferral of rights or imposition of duties on corporations.
Omit specific phrase from subsection 87(3)
13 Subsection 87(3)
Omit “or covenant” (wherever occurring).
14 Paragraph 87(3)(c)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.36
Omit certain individuals from the covenant
15 Paragraph 87(3)(d)
Prohibits certain individuals from benefiting from the covenant
16 Paragraph 87(3)(d)
17 Subsection 87(5)
18 Section 44ZZRQ of Schedule 1
Exempts conduct from section 48 under certain conditions.
19 Subsection 45(5) of Schedule 1
2 Subsection 4(3)
20 Sections 45B and 45C of Schedule 1
Omit “or the covenant” (wherever occurring).
3 Subsection 4(3)
4 Paragraph 4F(1)(a)
Prohibits omission of specified phrases.
5 Subparagraph 4F(1)(a)(i)
6 Subparagraph 6(2)(b)(i)
7 Paragraph 6(2)(e)
8 Section 44ZZRQ
Exempts conduct from section 48 if it is authorized under section 88 or would not contravene section 48 due to subsection 48(2).
9 Subsection 45(5)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.37
1 Subsection 47(10)
Omit 'that conduct', substitute 'the conduct that constitutes the practice of exclusive dealing'
2 Paragraph 47(10)(a)
Omit “that conduct”, substitute ‘the conduct that constitutes the practice of exclusive dealing’.
3 Paragraph 47(10)(b)
4 Subsection 47(10A)
5 Subsection 47(10) of Schedule 1
6 Paragraph 47(10)(a) of Schedule 1
7 Paragraph 47(10)(b) of Schedule 1
8 Subsection 47(10A) of Schedule 1
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.38
1 Section 48
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.39
Insert 'or other person' after 'the corporation'
10 Subsection 93(3A)
Insert “or other person” after “corporation”.
11 Subsections 93(5) and (6)
12 Subsection 93(7)
Conditional commencement of notice under subsection (1)
13 Subsection 93(7A)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.40
Omit specified provisions and substitute with new section number.
14 Subsection 93(7B)
Insert 'or other person' after 'corporation'
15 Subparagraphs 93(7B)(b)(i) and (ii)
16 Subsection 93(7C)
17 Paragraph 93(7C)(b)
18 Paragraphs 93(8)(a) and (b)
19 Subsection 93(10)
Exempts corporations from resale price maintenance if notice is given to Commission.
2 At the end of section 48
20 Subsection 93A(2)
Substitute ‘or other person to whose conduct or proposed conduct’
Omit ‘to the conduct or proposed conduct of which’
No obligation for related corporate bodies to comply with subsection (1) in certain cases.
21 At the end of section 96
22 Section 48 of Schedule 1
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.41
Exemption from resale price maintenance regulation under certain conditions.
23 At the end of section 48 of Schedule 1
Granting permission to engage in conduct
Repeal heading and substitute with new heading.
3 Subdivision A of Division 2 of Part VII (heading)
4 Section 93 (heading)
5 Subsection 93(1)
Corporation must engage in conduct of a kind referred to in subsection 47(2) if it proposes to do so.
5(1) Subsection 93(1)
(a) a corporation that engages, or proposes to engage, in conduct...
Subsection 93(1) is between Subsection 47(2) and Subsection 47(3)
Must engage in conduct of a kind referred to in subsection 47(2)
Notice setting out particulars of conduct or proposed conduct may be given to the Commission.
5(8) Subsection 93(1)
Omit “may not give a notice”, substitute “or other person may not give a notice under subsection (1)”.
6 Subsection 93(2)
7 Paragraph 93(2)(a)
Insertion of 'or other person' after 'corporation'
8 Paragraph 93(3A)(a)
9 Paragraph 93(3A)(a)
Notification of exclusive dealing or resale price maintenance
93 Notification of exclusive dealing or resale price maintenance
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.42
1 Section 88
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.47
10 Subsection 93AB(3)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.68
100 At the end of Division 1 of Part VII
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.69
Omit 'prescribed by the regulations' and substitute 'approved by the Commission in writing'.
101 Paragraph 93(1A)(a)
Substitute ‘approved by the Commission in writing’
Replaces 'prescribed by the regulations' with 'approved by the Commission in writing' at a specific point in time
Prohibits 'prescribed by the regulations'
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.71
101A Application for review of notices under Division 2 of Part VII
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.54
101B Application for review of notice under section 95AB
Dissatisfied person may apply for review of notice within prescribed time.
101B(1) Application for review of notice under section 95AB
Tribunal must review notice if person has sufficient interest
101B(2) Application for review of notice under section 95AB
Review must occur after notice was given
Insertion of statement setting out reasons for satisfaction
102 Subsection 93(3A)
103 Subsections 93(4) to (6)
104 Paragraph 93(7A)(b)
105 Subparagraph 93(7B)(b)(ii)
Prohibits omitting specified subsections.
Notice requirement after Commission notification
106 At the end of subsection 93(7C)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.79
106A Issue of apparatus licence taken to be an acquisition of an
Issue of apparatus licence is an acquisition by the person.
106A(1) Issue of apparatus licence taken to be an acquisition of an
The provisions of the Competition and Consumer Act 2010 are specified.
106A(2) Issue of apparatus licence taken to be an acquisition of an
The excerpt specifies provisions that must be included.
Exemption from subsection (1) for certain transmitter licences.
106A(3) Issue of apparatus licence taken to be an acquisition of an
(3) Subsection (1) does not apply to a transmitter licence issued under section 102 or to an NBS transmitter licence.
Inference of exemptions from subsection (1)
Identification of entities involved in exemptions
Exemption from subsection (1) for renewal of apparatus licence
106A(4) Issue of apparatus licence taken to be an acquisition of an
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.70
Omit specific references from subsections.
107 Subsection 93(9)
Prohibits omitting specified references.
Substitute subsections (3), (3A) or (3B)
108 Paragraph 93(10)(a)
Omit specific subsections from a definition.
109 Section 93AA (definition of objection notice)
Omit 'the target' and substitute 'that target or those targets'.
11 Subsection 93AB(3)
110 Subsection 93AB(1) (heading)
Omit 'prescribed by the regulations', substitute 'approved by the Commission in writing'.
111 Paragraph 93AB(6)(a)
112 Subsections 93A(1), (3), (4) and (10A)
Insertion of clause (c) after clause (b)
113 Paragraph 95(1)(ga)
114 Division 1 of Part IX (heading)
114A Authorisation under apparatus licence taken to be an
Authorisation under apparatus licence is taken to be an acquisition by the person of an asset of another person.
114A(1) Authorisation under apparatus licence taken to be an
(a) an acquisition by the person of an asset of another person;
(1) For the purposes of the provisions of the Competition and Consumer Act 2010 mentioned in subsection (2)
Authorisation under apparatus licence is an obligation for the State.
114A(2) Authorisation under apparatus licence taken to be an
Omit specific subsections from Schedule 9
115 Subsection 101(1A)
Omit specific authorization term and substitute with overseas merger authorisation.
116 Paragraph 101(1B)(a)
Give an undertaking under section 87B not to make the acquisition while the Tribunal is considering the application.
117 After subsection 101(1B)
118 Subsection 101(2)
Review by Tribunal is a re-hearing unless specific conditions apply.
118(2) Subsection 101(2)
Prohibits re-hearing by Tribunal unless specific conditions apply.
Applicability of subsections to the Tribunal
118(3) Subsection 101(2)
in like manner as they apply in relation to the Commission
Temporal intervals are relevant for applicability
Subsections have a dialectical relationship with the Tribunal
119 Section 101A (heading)
12 Subsection 93AB(4) (heading)
Substitute specific subsection references in Schedule 9
120 Section 101A
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.72
Note on limitations of merger authorisations
121 At the end of subsection 102(1)
Tribunal must make determination on review within specified period.
122 After subsection 102(1)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.73
Omit specific authorization term and substitute with a new one.
123 Paragraph 102(1A)(a)
Substitute with 'an overseas merger authorisation'
Prohibits the use of an outdated authorization term.
Omit 'an authorisation under subsection 88(9)'
124 Paragraph 102(1A)(b)
Repeal paragraph and substitute with revocation of overseas merger authorisation and substitution of another overseas merger authorisation.
125 Paragraph 102(1A)(c)
Imposes prohibition on revoking and substituting overseas merger authorisations.
Omit 'constituted by any lessening of competition'
126 Sub-subparagraph 102(4)(a)(ii)(B)
Prohibits the omission of a phrase in general
Specific prohibition on omitting phrases in specific contexts
Prohibits the omission of a phrase in specific contexts
127 Subsection 102(5AC)
Subsections (9) and (10) apply to a review of a determination of the Commission in relation to an application for a merger authorisation or an application for a minor variation of a merger authorisation.
128 At the end of section 102
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.74
129 Section 102A
13 Paragraphs 93AB(4)(a) and (b)
130 Subsection 109(1A)
131 Division 3 of Part IX
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.75
132 Section 150J
133 Subparagraph 155(2)(b)(iv)
134 Paragraph 157(1)(a)
135 Paragraph 157(1)(ba)
136 Section 157AA
137 Subsection 163(5)
138 Paragraph 165(1)(a)
139 Subsection 165(3A)
A collective bargaining notice may be expressed to be given on behalf of persons who become members of the group after the notice is given.
14 After subsection 93AB(7)
140 Paragraph 170(3)(a)
141 Subparagraph 170(3)(b)(ii)
Omit 'an authorisation under subsection 88(9)', substitute 'a merger authorisation'.
142 Subsection 172(2B)
143 Subsection 172(3)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.76
144 Section 174
Reference to subsection or paragraph as in force before commencement of Schedule 9
145 At the end of section 174
Omit subsection 88(8A) and substitute section 88.
146 Paragraph 44ZZRR(1)(b) of Schedule 1
Omit specified text and substitute with new text.
147 Subsection 44ZZRS(1) of Schedule 1
148 Paragraph 44ZZRS(2)(a) of Schedule 1
Omit subsection 88(8) and substitute section 88.
149 Subparagraph 44ZZRS(2)(b)(i) of Schedule 1
Corporation must provide notice if giving collective bargaining notice related to collective boycott conduct.
15 After subsection 93AC(2)
Omit 'subsection 88(8B)', substitute 'section 88'.
150 Paragraphs 44ZZRT(1)(b) and (2)(b) of Schedule 1
151 Paragraph 45(6)(a) of Schedule 1
Prohibits omission of specified provisions
152 Subparagraph 45(6)(b)(i) of Schedule 1
Substitute section 88 in subsection 88(8B) of Schedule 1.
153 Subsection 45(6A) of Schedule 1
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.77
Granting permission for authorisation under section 88
154 Subsection 45(9) of Schedule 1
Omit specified subsection, substitute with new section number.
155 Subsection 45D(1) of Schedule 1 (note 1)
156 Subsection 45DA(1) of Schedule 1 (note 1)
Omit specified subsection, substitute with section.
157 Subsection 45E(8) of Schedule 1 (note)
Prohibits omission of specified subsection.
Omit subsection 88(7A) and substitute section 88.
158 Section 45EA of Schedule 1 (note)
Substitute section 88 for subsection 88(8B)
159 Subsection 49(1) of Schedule 1 (note)
Imposes a duty on the state to substitute section 88 for subsection 88(8B)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.48
16 After section 93AC
Commission may impose conditions on corporation's collective boycott conduct.
16(1) After section 93AC
Commission must provide written statement of reasons for notice.
16(2) After section 93AC
160 Subsection 50(1) of Schedule 1 (note)
Imposes an obligation on the legislative body
161 Paragraphs 50(4)(b) and (c) of Schedule 1
162 Paragraph 50(4)(d) of Schedule 1
163 Subsection 50(5) of Schedule 1
Repeal section and substitute with new schedule
164 Section 68A
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.78
165 Section 71A
Repeal section and substitute with new provisions
166 Section 106A
167 Section 114A
Repeal paragraph, substitute with new provision
17 Paragraph 93AD(1)(a)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.49
Repeal paragraph and substitute with new provision
18 Paragraph 93AD(3)(c)
Prohibits collective boycott conduct while a stop notice is in force.
19 Subsection 93AD(3) (note)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.43
2 Subsection 90(2)
Commission may determine expiry of collective bargaining notice
20 At the end of section 93AD
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.50
21 At the end of Subdivision B of Division 2 of Part VII
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.51
Repeal Division and substitute with Schedule 9
22 Division 3 of Part VII
23 After section 101A
Tribunal must make a determination setting aside the notice if conditions are not met.
24 After subsection 102(5)
Tribunal must make a determination setting aside the notice.
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.55
25 After subsection 102(5AB)
The review is completed within a certain timeframe.
The review of notice must be completed within a certain timeframe.
Upon a review of the giving of a notice...
The corporation's conduct or proposed conduct is classified.
The corporation's conduct or proposed conduct is classified as a certain type.
The conditions relating to the conduct or proposed conduct have been imposed...
The person who applied for the review satisfies the Tribunal that...
The notice is diffused to other parties.
The notice is diffused to other parties if conditions are met.
If the person who applied for the review satisfies...
The Tribunal must make a determination on recurring reviews.
If the person who applied for the review does not so satisfy...
26 After subsection 102(5C)
Tribunal must make a determination setting aside the notice if person satisfies certain conditions.
26(5D) After subsection 102(5C)
Satisfies the Tribunal that Schedule 9 Authorisations, notifications and class exemptions
26(5E) After subsection 102(5C)
Schedule 9 Authorisations, notifications and class exemptions
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.57
27 Subsection 4(1) (definition of authorisation)
28 Subsection 4(1) (definition of clearance)
Defines collective boycott conduct and merger authorisation.
29 Subsection 4(1)
Classifies the defined terms into categories.
Commission may give written notices to persons interested or applicants with specified information.
3 Subsections 90(5A) to (9)
30 Subsection 8A(6)
Omit specified subsections from Schedule 9
31 Subsection 8A(6)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.58
32 Subsection 25(1)
33 Section 29P
Substitute section number in subsection 88(8A) with section 88.
34 Paragraph 44ZZRR(1)(b)
35 Subsection 44ZZRS(1)
Omit specific text and substitute with alternative phrase.
36 Paragraph 44ZZRS(2)(a)
Omit specified subsection and substitute with section.
37 Subparagraph 44ZZRS(2)(b)(i)
38 Paragraphs 44ZZRT(1)(b) and (2)(b)
39 Paragraph 45(6)(a)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.45
Substitute clause in subsections (8A), (8B) and (9)
4 Subsection 90(9A)
Omit 'subsection 88(8)', substitute 'section 88'.
40 Subparagraph 45(6)(b)(i)
41 Subsection 45(6A)
Permits corporation to apply for authorisation under section 88
42 Subsection 45(9)
43 Subsection 45D(1) (note 1)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.59
44 Subsection 45DA(1) (note 1)
Omit specified subsection and substitute with section number.
45 Subsection 45DB(1) (note 1)
Prohibits omission of subsection and substitution with section number.
Substitute section 88 for subsection 88(7A)
46 Subsection 45E(8) (note)
Omit subsection 88(7A), substitute section 88.
47 Section 45EA (note)
48 Subsection 46A(6)
49 Subsection 49(1) (note)
Commission may give notice if conduct would substantially lessen competition without a benefit to the public.
5 Subsection 93(3)
Prohibition of conduct that would substantially lessen competition without a benefit to the public.
Omit certain words and substitute others in a provision.
50 Subsections 50(1) and (2) (note)
51 Paragraphs 50(4)(b) and (c)
52 Paragraph 50(4)(d)
53 Subsection 50(5)
54 Subsection 75B(1)
55 Subparagraph 76(1)(a)(iii)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.60
56 Paragraphs 76(1A)(c) and (1B)(a)
57 Section 76A (heading)
58 Subsection 76A(2)
59 Section 76B (heading)
Notify Commission under subsection (1) of conduct or proposed conduct.
6 Subsection 93(3B)
60 Subsections 76B(2) to (4)
61 Paragraph 76B(5)(a)
62 Section 80AC (heading)
63 Subsection 80AC(1)
64 Paragraph 80AC(1)(b)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.61
65 Paragraphs 80AC(1)(d) and (e)
66 Subsection 80AC(2)
67 Section 81A (heading)
68 Paragraph 81A(1)(b)
68A Authorisation under spectrum licence taken to be an
Authorisation under spectrum licence is taken to be an acquisition by the person of an asset of another person.
68A(1) Authorisation under spectrum licence taken to be an
(acquisition by the person of an asset of another person)
(authorisation under subsection 68(1) of this Act)
Authorisation under spectrum licence is an obligation for the State.
68A(2) Authorisation under spectrum licence taken to be an
The text states a fact about the spectrum licence.
69 Paragraph 81A(1)(d)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.46
7 At the end of Subdivision A of Division 2 of Part VII
Commission may give corporation or person a written notice imposing conditions if certain grounds exist.
7(1) At the end of Subdivision A of Division 2 of Part VII
7(2) At the end of Subdivision A of Division 2 of Part VII
70 Paragraphs 81A(1)(e) and (f)
71 Subsections 81A(3) and (6)
71A Issue of spectrum licence taken to be an acquisition of an asset
The issue of a spectrum licence is taken to be an acquisition by the person of an asset of another person.
71A(1) Issue of spectrum licence taken to be an acquisition of an asset
The provisions of the Competition and Consumer Act 2010 are applicable.
71A(2) Issue of spectrum licence taken to be an acquisition of an asset
Exemption from subsection (1) for re-issue of spectrum licence under section 82.
71A(3) Issue of spectrum licence taken to be an acquisition of an asset
72 Subsection 86C(4) (paragraph (a) of the definition of
Omit specific clearance or authorisation, substitute with merger authorisation.
73 Subsection 87B(1A)
Prohibits specific clearance or authorisation.
Repeal heading and substitute with new title
74 Part VII (heading)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.62
75 Division 1 of Part VII (heading)
76 Subsection 87ZP(1) (definition of authorisation)
Defence to proceedings under section 76 relating to a contravention of section 92
76A Defence to proceedings under section 76 relating to a
Substantially the same conduct is a contravention of Part IV or section 92 and an offence.
76B What happens if substantially the same conduct is a
77 Paragraph 89(1)(a)
The form may require an application for a merger authorisation to contain an undertaking under section 87B.
78 After subsection 89(1)
Obligation to contain an undertaking under section 87B
Disclosure of information under certain conditions.
79 At the end of section 89
8 Subsection 93AB(2)
Substitute ‘one or more other persons (the target or targets)”.
Omit 'authorization', substitute 'authorisation other than a merger authorisation'.
80 Subsection 90(5)
Prevent mergers based on false or misleading information
80AC Injunctions to prevent mergers if authorisation granted on the
Merger occurs during time period classified as based on false or misleading information
Time period classified as based on false or misleading information
Prohibits mergers based on false or misleading information
Mergers are prohibited until false or misleading information is corrected
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.63
Omit specific authorization, substitute with merger authorization.
81 Subsection 90(10)
Divestiture where merger done under authorisation granted on false etc. information
81A Divestiture where merger done under authorisation granted on
Commission's failure to determine an application for a merger authorisation within the specified period is taken as refusal to grant the authorisation.
82 After subsection 90(10A)
Commission's failure to act within a specified period is taken as refusal.
Omit 'an authorisation under subsection 88(9)', substitute 'an overseas merger authorisation'.
83 Subsection 90(11)
Prohibits the use of an authorisation under subsection 88(9)
Modify subsection (11) to refer to base period as subsection (10B) or (11)
84 Subsection 90(12)
Replace 'subsection (11)' with 'that subsection'
85 Subsection 90(12)
Replace 'subsection (11)' with 'subsection (10B) or (11)'
86 Subsection 90(13)
Replace 'subsection (11)' with 'subsection (10B) or (11)',
87 Subsection 90(15)
88 Commission may grant authorisations
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.64
88 Subsection 90A(1)
Commission may grant authorisation to engage in conduct specified in the authorisation.
88(1) Commission may grant authorisations
Commission may grant authorisations, excluding conduct by applicant and others specified in the application.
88(2) Commission may grant authorisations
...the provisions of Part IV do not apply.
Commission permits conduct during the duration of the authorisation.
(2) While the authorisation remains in force, ...
Commission permits conduct under specific conditions.
Commission permits conduct under certain conditions.
Commission permits conduct until the authorisation expires.
Non-compliance with conditions in authorisation
88(3) Commission may grant authorisations
Commission may grant a merger authorisation on the condition that a person must give, and comply with, an undertaking to the Commission under section 87B.
88(4) Commission may grant authorisations
Obligation to comply with an undertaking
Commission may grant separate authorisations for any of the conduct.
88(5) Commission may grant authorisations
Commission cannot grant authorisation before decision on application.
88(6) Commission may grant authorisations
Withdrawal of application for authorisation
88(7) Commission may grant authorisations
An applicant for an authorisation may at any time, by writing to the Commission, withdraw the application.
Granting permission to withdraw an application
The Commission may grant authorisations.
Substitute subsection 90(6A) for subsection 90(2)
89 Paragraph 90B(2)(c)
9 Subsection 93AB(3) (heading)
90 Paragraph 90B(2)(c)
91 Subsection 91(2A)
92 Subsections 91A(3) to (5)
92 Providing false or misleading information
Giving false or misleading information in connection with a merger authorization is prohibited.
92(1) Providing false or misleading information
The provision prohibits giving false or misleading information.
Prohibition of providing false or misleading information.
The person is negligent as to whether the information is false or misleading in a material particular.
The provision prohibits giving false or misleading information in connection with a merger authorization.
Prohibition of providing false or misleading information in connection with a merger authorization.
The provision prohibits giving false or misleading information in connection with a merger authorization and its revocation.
Prohibition of providing false or misleading information in connection with a merger authorization and its revocation.
Providing false or misleading information implies a breach of the provision.
Implication of prohibition on providing false or misleading information.
Proof of negligence implies material falsity or misleadingness.
92(2) Providing false or misleading information
Subsection 90(6) applies in relation to an application for a minor variation of an authorisation.
92(2A) Subsections 91A(3) to (5)
Application for minor variation of authorisation.
Subsection applies in relation to application.
Commission may make a determination varying authorization or dismissing application after considering specified factors.
92(3) Subsections 91A(3) to (5)
after considering specified factors within a period
(c) any information received under paragraph 90(6)(b) or (c) (as that paragraph applies because of subsection (2A) of this section) within the period specified in the notice mentioned in that paragraph;
Commission must take into account submissions and information received within periods
(b) any submissions that are received within the period specified under paragraph (2)(b);
Commission need not take into account submissions or information received after end of periods
(d) any information obtained from consultations under paragraph 90(6)(d) (as that paragraph applies because of subsection (2A) of this section).
Commission cannot make a determination varying an authorisation in relation to conduct unless certain conditions are met.
92(4) Subsections 91A(3) to (5)
Prohibition of varying an authorisation in relation to conduct
Commission need not have regard to conduct unaffected by variation.
92(4A) Subsections 91A(3) to (5)
the Commission need not have regard to conduct that is unaffected by the variation.
(4A) For the purposes of subsection (4),
need not have regard to conduct that is unaffected by the variation.
Subsections 90(10B), (12) and (13) apply in relation to an application for a minor variation of a merger authorisation that is not an overseas merger authorisation.
92(5) Subsections 91A(3) to (5)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.65
93 Subsections 91B(4) and (5)
Subsection 90(6) applies in relation to an application for a revocation of an authorisation.
93(3A) Subsections 91B(4) and (5)
in relation to an application for a revocation of an authorisation.
Subsection applies in relation to temporal interval.
Subsection applies in relation to trace.
Subsection 90(6) applies in relation to a proposal for a revocation of an authorisation.
93(3B) Subsections 91B(4) and (5)
Subsection applies in relation to a proposal.
Proposal for revocation of authorisation.
93AG Stop notice for collective boycott conduct
Stop notice for collective boycott conduct
93AG(1) Stop notice for collective boycott conduct
The temporal interval for the stop notice is defined by the material change of circumstances.
Defines temporal interval for stop notice
(c) there has been a material change of circumstances since: (i) if the Commission has previously given the corporation notice under this subsection in relation to the collective boycott conduct—that notice was given;
If the corporation gives a collective bargaining notice, it must receive a stop notice.
Establishes implication between collective bargaining notice and stop notice
(a) the corporation has given the Commission a collective bargaining notice that relates (wholly or partly) to collective boycott conduct;
The corporation must not engage in collective boycott conduct.
The corporation is obligated to comply with the stop notice.
Imposes obligation on corporation to comply with stop notice
(1) The Commission may give a corporation a written notice (a stop notice) if:
The recurring trace for the stop notice is defined by the seriousness of detriment.
(d) the Commission reasonably believes that: (i) the collective boycott conduct has resulted in serious detriment to the public;
Commission must provide written statement of reasons for stop notice. Stop notice for collective boycott conduct
93AG(2) Stop notice for collective boycott conduct
Collective bargaining notice not in force under section 93AD for collective boycott conduct
93AG(3) Stop notice for collective boycott conduct
Stop notice and collective bargaining notice overlap in time
(3) While the stop notice is in force, the collective bargaining notice is taken
State recognizes collective bargaining notice as a subclass of collective boycott conduct
for the purposes of this Act, not to be in force under section 93AD
Obligation to comply with section 93AD for collective boycott conduct
Collective bargaining notice diffuses to other sections of the Act
Collective bargaining notice repeats for each instance of collective boycott conduct
93AG(4) Stop notice for collective boycott conduct
Stop notice ceases at the end of a specified period or upon objection from the Commission.
93AG(5) Stop notice for collective boycott conduct
Describes a temporal interval during which the stop notice is in force
(5) The stop notice ceases to be in force at the earliest...
...the Commission gives the corporation an objection notice under subsection 93AC(1)
Describes how the prohibition is recognized or acknowledged
(5) The stop notice ceases to be in force...
Describes how the prohibition is disseminated or communicated
Describes a temporal relationship between the stop notice and its cessation
Defines a period for the stop notice in collective boycott conduct
93AG(6) Stop notice for collective boycott conduct
Commission may extend period of collective boycott conduct by up to 90 days with written notice.
93AG(7) Stop notice for collective boycott conduct
Commission must provide written statement of reasons for giving notice.
93AG(8) Stop notice for collective boycott conduct
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.67
94 Subsection 91C(4)
Subsection 90(6) applies in relation to an application for a revocation and substitution of an authorisation.
94(3A) Subsection 91C(4)
in relation to an application for a revocation and substitution of an authorisation.
Subsection applies in relation to an application.
Subsection 90(6) applies in relation to a proposal for revocation and substitution of an authorisation.
94(3B) Subsection 91C(4)
Commission may revoke or substitute authorisation after considering submissions and information.
94(4) Subsection 91C(4)
Commission may revoke or substitute authorisation.
Omit 'an authorization', substitute 'an authorisation other than a merger authorisation'.
95 Subsection 91C(5)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.52
95AA Commission may determine class exemptions
Commission may determine class exemptions
95AA(1) Commission may determine class exemptions
Commission may specify limitations on class exemptions
95AA(2) Commission may determine class exemptions
95AA(3) Commission may determine class exemptions
95AA(4) Commission may determine class exemptions
95AA(5) Commission may determine class exemptions
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.53
95AB Commission may withdraw the benefit of class exemption in
Commission may withdraw the benefit of class exemption if conduct substantially lessens competition.
95AB(1) Commission may withdraw the benefit of class exemption in
The Commission may give a person a written notice if the conduct is prohibited.
Prohibits conduct that would have a detrimental effect on competition.
(a) a determination in force under section 95AA specifies a kind of conduct; and (b) the Commission is satisfied that particular conduct of that kind engaged in by the person: (i) would have the effect, or would be likely to have the effect, of substantially lessening competition; and (ii) would not result or be likely to result in a benefit to the public that would outweigh the detriment to the public that would result, or would be likely to result from the conduct.
Commission must provide written statement of reasons for withdrawing class exemption notice.
95AB(2) Commission may withdraw the benefit of class exemption in
Must provide written statement of reasons
Determination does not apply to conduct engaged in by person while notice is in force.
95AB(3) Commission may withdraw the benefit of class exemption in
Exclusion of determination from conduct engaged in while notice is in force, within a temporal interval.
(3) While a notice under subsection (1) is in force, the determination does not apply to the conduct specified in the notice engaged in by the person.
Exclusion of determination from conduct engaged in while notice is in force.
Commission may withdraw the benefit of class exemption notice
95AB(4) Commission may withdraw the benefit of class exemption in
96 Paragraph 91C(6)(a)
97 Paragraph 91C(6)(a)
Substitute subsection 90(7) for omitted subsections
98 Subsection 91C(7)
Application for revocation and substitution of merger authorization
99 After subsection 91C(7)
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.7
1 Short title
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.8
1 Section 1
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.9
Schedule 9 items 134 to 167 at the same time as provisions covered by table item 2.
10 Section 10
Schedules 10 and 11 at the same time as the provisions covered by table item 2.
11 Section 11
12 Section 12
13 Section 13
14 Section 14
15 Section 15
16 Section 16
2 Commencement
Provisions do not commence unless the specified Act receives Royal Assent.
2 Section 2
27 October 2017
28 October 2017
Information may be inserted in column 3 of the table
3 Section 3
competition-and-consumer-amendment-competition-policy-review-act-2017.pdf, p.10
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
4 Section 4
5 Section 5
6 November
Schedule 9 items 1 to 103 at the same time as provisions covered by table item 2.
6 Section 6
Immediate action after commencement of certain provisions.
7 Section 7
References Schedule 9, items 105 to 132.
8 Section 8
9 Section 9
An Act to amend the Competition and Consumer Act 2010, and for related purposes
Competition and Consumer Amendment (Competition Policy Review) Act 2017