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Legislation in schedules is amended or repealed according to its terms.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