competition-and-consumer-amendment-fair-go-for-consumers-and-small-business-act.pdf, p.8
1 Subsection 4(1)
The Commission must respond to a designated complaint within 90 days.
154ZD Simplified outline of this Part
competition-and-consumer-amendment-fair-go-for-consumers-and-small-business-act.pdf, p.9
154ZE Definitions
154ZF Designated complaints
Designated complainant may make a complaint under this section.
154ZF(1) Designated complaints
Complaint must be made in writing and according to approved form.
154ZF(2) Designated complaints
Complaint is a designated complaint from the day it meets requirements.
154ZF(3) Designated complaints
Designated complaint starts on a specific date
competition-and-consumer-amendment-fair-go-for-consumers-and-small-business-act.pdf, p.10
154ZG Commission to respond by giving notice
Notice under subsection 154ZH(1) or 154ZK(1)
Commission must respond to complaint within 90 days
154ZG(1) Commission to respond by giving notice
Ceasing to be a designated complainant prevents the complaint from being made.
154ZG(2) Commission to respond by giving notice
154ZH Notice—no further action on complaint
Commission must give notice to complainant under certain conditions.
154ZH(1) Notice—no further action on complaint
Commission must be satisfied that complaint meets certain requirements.
154ZH(2) Notice—no further action on complaint
Complaint must be filed within a certain timeframe
(2) This subsection applies if the Commission is not satisfied that the complaint: Designated complaints Schedule 1 No. 16, 2024 Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Act 2024
Complaint must be recognized by the Commission
Complaint does not meet other content requirements
Commission is not satisfied that complaint meets requirements.
Complaint must be disseminated to relevant parties
No further action on complaint if Commission is not satisfied
154ZH(3) Notice—no further action on complaint
No further action on complaint if certain conditions met
154ZH(4) Notice—no further action on complaint
(i) a committee of the Parliament or of either House of the Parliament;
...or is of a kind, prescribed in the designated complaints determination.
(iii) a coronial inquiry, coronial investigation or coronial inquest;
...Appropriate to take no further action on complaint
Prohibits taking further action on complaint
...has within the past 2 years inquired:
...of a kind, prescribed in the designated complaints determination.
Validates schema for complaint classification
that is, or is of a kind, prescribed in the designated complaints determination.
Commission satisfied to take no further action on complaint.
154ZH(5) Notice—no further action on complaint
The complaint assessment overlaps with taking no further action.
Complaint assessment and taking no further action overlap in time.
(a) the Commission has assessed the complaint;
(b) the Commission is satisfied that it is appropriate to take no further action in relation to the complaint.
Commission's satisfaction is a condition for taking no further action.
The Commission has taken no further action.
Taking no further action implies satisfaction with the assessment.
(b) the Commission is satisfied that it is appropriate to take no further action in relation to the complaint;
The Commission's satisfaction enables taking no further action.
Commission's satisfaction enables taking no further action.
The taking of no further action repeats indefinitely if satisfied.
Taking no further action repeats indefinitely if satisfied.
Commission must consider prescribed matters when determining complaints.
154ZH(6) Notice—no further action on complaint
(b) may have regard to any matter prescribed for the purposes of this paragraph in the designated complaints determination;
(a) must have regard to any matter prescribed for the purposes of this paragraph in the designated complaints determination;
competition-and-consumer-amendment-fair-go-for-consumers-and-small-business-act.pdf, p.12
Notice must set out summary of complaint, reasons for Commission's decision.
154ZJ Notice—no further action on complaint—contents
Must provide notice with specified information.
154ZK Notice—further action to deal with complaint
Commission may give notice to designated complainant if complaint relates to significant or systemic market issue.
154ZK(1) Notice—further action to deal with complaint
Complaint relates to significant or systemic market issue
The notice must set out a summary of the complaint and the actions the Commission proposes to take in response.
154ZK(2) Notice—further action to deal with complaint
Commission must take actions within 6 months after notice.
154ZK(3) Notice—further action to deal with complaint
Commission has an obligation to take actions.
Commission may waive subsection (3) under certain circumstances.
154ZK(4) Notice—further action to deal with complaint
Must notify entity that made complaint even if it has ceased to be a designated complainant.
154ZK(5) Notice—further action to deal with complaint
competition-and-consumer-amendment-fair-go-for-consumers-and-small-business-act.pdf, p.13
154ZL Replacement notices
Commission may replace a notice under subsection 154ZK(1) with another notice.
154ZL(1) Replacement notices
replacement notice with specified matters
Commission must give replacement notice to designated complainant
154ZL(2) Replacement notices
Commission must give notice to designated complainant.
154ZL(3) Replacement notices
competition-and-consumer-amendment-fair-go-for-consumers-and-small-business-act.pdf, p.14
154ZM Withdrawal of complaint
Entity may withdraw complaint even if ceased to be designated complainant.
154ZM(1) Withdrawal of complaint
Entity must be notified of withdrawn complaint
154ZM(2) Withdrawal of complaint
The Commission must notify the entity in writing that the complaint has been withdrawn.
Cease to apply in relation to the withdrawn complaint.
154ZM(3) Withdrawal of complaint
Designated complaint continues to be applicable
154ZM(4) Withdrawal of complaint
154ZN Publication requirements
Publish notice on website after giving certain notices
154ZN(1) Publication requirements
Commission may withhold publication of information under certain circumstances.
154ZN(2) Publication requirements
Commission's judgment on confidentiality
competition-and-consumer-amendment-fair-go-for-consumers-and-small-business-act.pdf, p.15
154ZP Application for approval as designated complainant
Application for approval as designated complainant
154ZP(1) Application for approval as designated complainant
States and Territories cannot apply under subsection (1)
154ZP(2) Application for approval as designated complainant
Application must be in writing and follow approved form.
154ZP(3) Application for approval as designated complainant
Prescribes a period for the designated complaints determination
154ZP(4) Application for approval as designated complainant
Applicant may withdraw application before decision is made.
154ZP(5) Application for approval as designated complainant
Application withdrawal takes effect immediately.
154ZP(6) Application for approval as designated complainant
If the application is withdrawn, then it was never made.
Withdrawal implies no application was made.
(6) If the application is withdrawn, it is taken never to have been made.
competition-and-consumer-amendment-fair-go-for-consumers-and-small-business-act.pdf, p.16
154ZQ Minister may grant approval
Minister may grant approval under certain conditions.
154ZQ(1) Minister may grant approval
Minister has given entity a notice setting out conditions
Minister must consider experience and ability of applicant when granting approval.
154ZQ(2) Minister may grant approval
Minister must consider experience and ability at least as long as the applicant has been representing consumers or small businesses.
the extent to which the Minister is satisfied that the applicant will, if approved as a designated complainant, act with integrity in connection with being a designated complainant;
Minister has an obligation to consider experience and ability of applicant.
The Minister is required to have regard to the following matters:
Minister may consider other matters when granting approval.
any other matter prescribed under paragraph (4)(a).
Minister must consider experience and ability for at least as long as the applicant has been representing consumers or small businesses.
The Minister may consider certain matters when granting approval.
154ZQ(3) Minister may grant approval
The Minister may have regard to certain matters
The Minister may have regard to certain matters when determining complaints.
154ZQ(4) Minister may grant approval
Matters to which the Minister must have regard
(a) must have regard; or (b) may have regard.
Minister cannot grant approval if it would exceed the limit of designated complainants.
154ZQ(5) Minister may grant approval
competition-and-consumer-amendment-fair-go-for-consumers-and-small-business-act.pdf, p.17
154ZR Conditions in approval
Conditions in approval may be specified by the Minister.
154ZR(1) Conditions in approval
Must consider specified matters when approving conditions.
154ZR(2) Conditions in approval
Conditions are appropriate if conditions are met
Matters mentioned in subsection 154ZQ(2) and subsection 154ZQ(3)
Minister must have regard to specified matters
154ZR(3) Conditions in approval
Minister may give notice with conditions
Minister must provide Commission with notice copy upon request.
154ZR(4) Conditions in approval
Minister must provide Commission with notice copy.
competition-and-consumer-amendment-fair-go-for-consumers-and-small-business-act.pdf, p.18
Approval must set out specific information.
154ZS Contents of approval
154ZT Notice of decision on application for approval
Notice of decision and copy of approval (if granted)
Minister must notify applicant of decision on approval application.
154ZT(1) Notice of decision on application for approval
The Minister must give the applicant notice of the decision.
Must provide notice to Commission and publish on website after granting approval.
154ZT(2) Notice of decision on application for approval
154ZU Variation or revocation of approval
Application for variation or revocation of approval
154ZU(1) Variation or revocation of approval
Application must be in writing and approved form.
154ZU(2) Variation or revocation of approval
Minister must decide on application within a certain timeframe.
154ZU(3) Variation or revocation of approval
The complainant may withdraw the application if not decided.
The Minister must decide the application.
Withdrawal of application results in no approval ever being granted.
154ZU(4) Variation or revocation of approval
(Withdrawal of application) Disjoint (Approval never made)
Withdrawal and approval are disjoint temporal intervals.
(Withdrawal of application) -> (No approval ever being granted)
(No approval ever being granted) SubClassOf (Implies)
If withdrawal occurs, then no approval is made.
(No approval ever being granted) Implies (No diffusion of approval)
If withdrawal occurs, then no approval is diffused.
(No approval ever being granted) Conjunction (Implies)
Withdrawal and no approval are mutually exclusive.
competition-and-consumer-amendment-fair-go-for-consumers-and-small-business-act.pdf, p.19
154ZV Minister may vary or revoke approval
Minister may vary or revoke approval under certain conditions.
154ZV(1) Minister may vary or revoke approval
Variation or revocation of approval is allowed under certain conditions.
154ZV(2) Minister may vary or revoke approval
Overlaps with the application under subsection 154ZU(1).
(2) Paragraphs (1)(a) and (b) do not apply if...
Recognizes the variation or revocation as minor or technical.
Allows variation or revocation of approval.
Diffuses the variation or revocation to other parties.
Recurring trace of variation or revocation.
Minister may consider various matters when varying or revoking approval.
154ZV(3) Minister may vary or revoke approval
Minister may give notice to designated complainant before varying or revoking approval.
154ZV(4) Minister may vary or revoke approval
(a) proposed variation or revocation; (b) reasons for proposed variation or revocation; (c) day of effect
Minister must provide notice with variation or revocation details
154ZV(5) Minister may vary or revoke approval
(5) The notice must set out the following:
competition-and-consumer-amendment-fair-go-for-consumers-and-small-business-act.pdf, p.20
Details of variation or revocation of approval must be specified.
154ZW Contents of variation or revocation of approval
154ZX Notice of decision on application for variation or revocation
Must provide notice of decision to designated complainant
154ZX(1) Notice of decision on application for variation or revocation
Notice of decision, fact of revocation (if applicable), details of change or removal (if applicable)
Must publish notice on Department's website after varying or revoking approval.
154ZX(2) Notice of decision on application for variation or revocation
Obligation to publish notice on Department's website
competition-and-consumer-amendment-fair-go-for-consumers-and-small-business-act.pdf, p.21
154ZY Delegation
Delegation of powers or functions to the Secretary or SES employee
154ZY(1) Delegation
Delegate must comply with written directions of the Minister.
154ZY(2) Delegation
Minister may make a determination by legislative instrument.
154ZZ Designated complaints determination
2 After Part XID
3 After paragraph 171(3)(dc)
competition-and-consumer-amendment-fair-go-for-consumers-and-small-business-act.pdf, p.22
4 Paragraph 171(3)(e)
Insertion of '(including designated complaints)' after 'complaints'
5 Paragraph 171(3)(f)
Insertion of '(including designated complaints)'
competition-and-consumer-amendment-fair-go-for-consumers-and-small-business-act.pdf, p.6
1 Short title
1 Section 1
Notes on table limitations and amendments
1 May 2024
Identifies the Act as a legal obligation
2 Commencement
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
4 Review of operation of amendments
Independent review of amendments operation
4(1) Review of operation of amendments
4(2) Review of operation of amendments
Specifies the temporal interval for review commencement
Persons undertaking review must provide written report to Minister within 6 months.
4(3) Review of operation of amendments
Must provide a copy of the report to each House of Parliament within 15 sitting days.
4(4) Review of operation of amendments
An Act to amend the Competition and Consumer Act 2010 to expand the functions of the Australian Competition and Consumer Commission, and for related purposes
Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Act 2024