competition-and-consumer-act-2010.pdf, p.29
1 Short title
competition-and-consumer-act-2010.pdf, p.80
10 Deputy Chairpersons
Governor-General may appoint a Deputy Chairperson.
10(1) Deputy Chairpersons
Governor-General must not appoint a Deputy Chairperson unless majority of jurisdictions support the appointment.
10(1A) Deputy Chairpersons
The Minister must ensure that there is at least one Deputy Chairperson with knowledge of small business matters after appointment.
10(1B) Deputy Chairpersons
Duty to cease being a member of the Commission upon ceasing to be a member.
10(2) Deputy Chairpersons
Reappointment eligibility for Deputy Chairpersons
10(3) Deputy Chairpersons
10(4) Deputy Chairpersons
10(5) Deputy Chairpersons
Deputy Chairpersons do not overlap in office
Temporal relationship of Deputy Chairpersons
(5) Not more than 2 persons may hold office as Deputy Chairperson at any one time.
The Artificial Agent recognizes the Deputy Chairpersons
Artificial Agent recognition of Deputy Chairpersons
Not more than 2 persons may hold office as Deputy Chairperson at any one time.
Deputy Chairpersons diffuse their authority to subordinates
Deputy Chairpersons are valid until the end of their term
11 Acting Chairperson
Governor-General may appoint person to act as Chairperson until vacancy is filled.
11(1) Acting Chairperson
Governor-General has the power to appoint.
Minister must appoint a Deputy Chairperson to act as Chairperson in absence of Chairperson.
11(2) Acting Chairperson
Minister must appoint a Deputy Chairperson.
Governor-General determines terms and conditions for Chairperson's powers and duties.
11(3) Acting Chairperson
competition-and-consumer-act-2010.pdf, p.81
12 Leave of absence
Member of Commission has recreation leave entitlements determined by Remuneration Tribunal.
12(1) Leave of absence
Member has obligation to receive recreation leave entitlements.
Grant of leave of absence on terms and conditions determined by the Minister.
12(2) Leave of absence
(2) The Minister may grant a member of the Commission leave of absence...
The Governor-General may terminate a member's appointment for misbehaviour or incapacity.
13 Termination of appointment of members of the Commission
competition-and-consumer-act-2010.pdf, p.82
14 Termination of appointment of associate members of the
Minister may terminate appointment of associate member
14(1) Termination of appointment of associate members of the
Termination of appointment if associate member fails to comply with obligations
14(2) Termination of appointment of associate members of the
...the Minister shall terminate the appointment.
competition-and-consumer-act-2010.pdf, p.83
15 Resignation
Member of Commission must resign by writing signed and delivered to Governor-General.
15(1) Resignation
Associate member must resign office by writing signed and delivered to Minister.
15(2) Resignation
The Chairperson may give directions as to the arrangement of the business of the Commission.
16 Arrangement of business
17 Disclosure of interests by Chairperson
Chairperson must disclose pecuniary interests
17(1) Disclosure of interests by Chairperson
Disclosure of interests by Chairperson is required in addition to section 29.
17(2) Disclosure of interests by Chairperson
Requires disclosure of interests by Chairperson.
Member of Commission must disclose pecuniary interests when taking part in determinations.
17A Disclosure of certain interests by members of the Commission
Member must disclose pecuniary interests.
competition-and-consumer-act-2010.pdf, p.84
18 Meetings of Commission
Chairperson must convene meetings as necessary for efficient performance of Commission functions.
18(1) Meetings of Commission
Chairperson has a duty to convene meetings.
18(2) Meetings of Commission
Chairperson must preside at meetings of Commission when present.
18(3) Meetings of Commission
Duty to nominate Deputy Chairperson in absence of Chairperson
18(4) Meetings of Commission
Member presiding at Commission meeting may give directions on procedure.
18(5) Meetings of Commission
Quorum requirements for Commission meetings
18(6) Meetings of Commission
(c) the member presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
Member presiding has a deliberative vote and casting vote
(a) three members (including the Chairperson or a Deputy Chairperson) form a quorum;
All questions shall be decided by a majority of votes of the members present and voting
(b) all questions shall be decided by a majority of votes of the members present and voting;
Methods of communication for Commission meetings
18(7) Meetings of Commission
Commission permits participation in meetings via specified methods
Excerpt describes a method of communication for Commission meetings
Determination made by Commission may be made in respect of meetings.
18(8) Meetings of Commission
competition-and-consumer-act-2010.pdf, p.85
19 Chairperson may direct Commission to sit in Divisions
Chairperson may direct Commission to sit in Divisions
19(1) Chairperson may direct Commission to sit in Divisions
19(2) Chairperson may direct Commission to sit in Divisions
(a) specify a particular matter in relation to which the Division is to exercise the powers of the Commission;
19(2A) Chairperson may direct Commission to sit in Divisions
To enhance the welfare of Australians through promotion of competition and fair trading and provision for consumer protection.
2 Object of this Act
competition-and-consumer-act-2010.pdf, p.87
25 Delegation by Commission
Commission may delegate certain powers to a member.
25(1) Delegation by Commission
Delegate may exercise power in accordance with instrument of delegation.
25(2) Delegation by Commission
Delegation under this section is revocable at will.
25(3) Delegation by Commission
26 Delegation by Commission of certain functions and powers
The Commission may delegate certain functions and powers to a staff member of ASIC.
26(1) Delegation by Commission of certain functions and powers
The Commission may delegate certain functions and powers.
Chairperson of ASIC must agree to delegation in writing.
26(2) Delegation by Commission of certain functions and powers
competition-and-consumer-act-2010.pdf, p.1
Compilation information and notes on amendments, applications, and modifications.
27 May 2026
competition-and-consumer-act-2010.pdf, p.88
27 Staff of Commission
Staff must be persons engaged under the Public Service Act 1999.
27(1) Staff of Commission
Establishes a Statutory Agency with the Chairperson as its Head.
27(2) Staff of Commission
Describes the compilation's purpose and scope.
Classifies the text as a compilation of the Competition and Consumer Act 2010.
competition-and-consumer-act-2010.pdf, p.89
27A Consultants
The Commission may engage persons to give advice and perform services.
27A(1) Consultants
Terms and conditions of engagement are determined by the Commission.
27A(2) Consultants
The Commission's determination of terms and conditions is a single event.
The Commission's determination of terms and conditions occurs at a specific point in time.
Artificial intelligence systems must comply with the determined terms and conditions.
The Commission's determination of terms and conditions can be applied by artificial intelligence systems.
Terms and conditions of engagement must be as determined by the Commission.
The Commission has the authority to determine terms and conditions.
All parties must comply with the determined terms and conditions.
The Commission's determination of terms and conditions spreads to all parties involved.
If the Commission determines terms and conditions, then they are binding.
If the Commission determines terms and conditions, then those terms and conditions apply.
Commission must provide general information and report on laws related to consumer protection.
28 Functions of Commission in relation to dissemination of
competition-and-consumer-act-2010.pdf, p.91
29 Commission to comply with directions of Minister and
Minister may give Commission directions.
29(1) Commission to comply with directions of Minister and
Obligation to comply with Minister's directions.
Minister cannot give directions under subsection (1) relating to certain parts or divisions.
29(1A) Commission to comply with directions of Minister and
...relating to Part IIIA, IV, IVA, IVBA, IVBB, IVE, VII, VIIA, X, XIB, XIC or XICA; or Division 3 of Part XI in relation to individual cases.
Directions under subsection (1) are excluded from certain parts or divisions
(1A) The Minister must not give directions under subsection (1)
Minister cannot give directions under subsection (1)
The Commission must comply with a direction.
29(1B) Commission to comply with directions of Minister and
Minister must publish direction in Gazette
29(2) Commission to comply with directions of Minister and
Commission must comply with requirements from Parliament or its committees.
29(3) Commission to comply with directions of Minister and
competition-and-consumer-act-2010.pdf, p.92
29A Establishment of Council
Establishment of National Competition Council
29A(1) Establishment of Council
Establishs the National Competition Council
The Council is a listed entity and the Council President is the accountable authority.
29A(2) Establishment of Council
The following persons are officials of the Council.
The purposes of the Council include the functions of the Council referred to in section 29B.
29B Functions and powers of Council
The Council must carry out research and provide advice on matters referred by the Minister.
29B(1) Functions and powers of Council
The Council must perform certain actions.
The Council may perform functions and exercise powers necessary to facilitate performance.
29B(2) Functions and powers of Council
Council cannot perform functions or exercise powers unless in accordance with the Competition Principles Agreement.
29B(2A) Functions and powers of Council
in accordance with the Competition Principles Agreement
The Council must not perform a function or exercise a power unless...
unless in accordance with the Competition Principles Agreement
Council must not perform a function or exercise a power
Council has obligation to comply with State/Territory energy laws
29B(2B) Functions and powers of Council
Cooperation with departments, bodies or authorities
29B(3) Functions and powers of Council
competition-and-consumer-act-2010.pdf, p.93
29BA Commonwealth consent to conferral of functions etc. on
A State/Territory energy law may confer functions or powers on the Council.
29BA(1) Commonwealth consent to conferral of functions etc. on
No conferral of function or power by State/Territory energy law if it contravenes constitutional doctrines.
29BA(2) Commonwealth consent to conferral of functions etc. on
the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Council;
Temporal overlap between conferral of function or power and constitutional doctrines.
(2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty,
Prohibition on conferral of function or power by State/Territory energy law.
the authorisation would otherwise exceed the legislative power of the Commonwealth;
Prohibition on conferral of function or power by State/Territory energy law if it exceeds legislative power.
Eventual prohibition on conferral of function or power by State/Territory energy law.
Council must obtain Commonwealth consent to perform a duty or function under a State/Territory energy law.
29BA(3) Commonwealth consent to conferral of functions etc. on
Obligation to obtain Commonwealth consent
competition-and-consumer-act-2010.pdf, p.94
29BB How duty is imposed
Imposes duty on the Council if a State/Territory energy law purports to do so.
29BB(1) How duty is imposed
State/Territory energy law purports to impose a duty.
Entails duty on the Council if State/Territory energy law purports to do so.
Implies if State/Territory energy law purports to impose a duty on the Council.
If and only if State/Territory energy law purports to impose a duty on the Council, then Council is subject to duty.
Duty is not imposed by this Part to the extent it exceeds State legislative powers.
29BB(2) How duty is imposed
State legislative powers are not sufficient to support the duty.
Duty imposed by law of the Commonwealth if necessary for validity
29BB(3) How duty is imposed
Parliament's intention to rely on available powers under the Constitution to support duty imposition.
29BB(4) How duty is imposed
The intention of Parliament is to rely on all powers available under the Constitution.
Parliament's reliance on available powers.
Duty is imposed by this Part in accordance with subsection (3) only to the extent to which imposing the duty is within the legislative powers of the Commonwealth and consistent with constitutional doctrines.
29BB(5) How duty is imposed
States that a duty is imposed by this Part.
(5) The duty is taken to be imposed by this Part in accordance with subsection (3) only...
...consistent with the constitutional doctrines restricting the duties that may be imposed on the Council.
States that the duty is restricted by constitutional doctrines.
...to the extent to which imposing the duty: ...
States that the duty is limited to the legislative powers of the Commonwealth.
States that the duty must be consistent with constitutional doctrines.
States that the duty is conditional upon certain conditions.
Duty is not limited by subsections (1) to (5)
29BB(6) How duty is imposed
competition-and-consumer-act-2010.pdf, p.95
A State/Territory energy law imposes a duty on the Council if it confers a function or power and gives rise to an obligation.
29BC When a State/Territory energy law imposes a duty
29C Membership of Council
29C(1) Membership of Council
Each Councillor must be appointed by the Governor-General for a term of up to 5 years.
29C(2) Membership of Council
The term of office for each Councillor is up to 5 years.
(2) Each Councillor is to be appointed by the Governor-General, for a term of up to 5 years.
The Governor-General justifies the appointment of each Councillor.
The Governor-General's authority is recognized in the appointment of each Councillor.
Recognition of Governor-General's authority
The appointment of each Councillor has an influence on the composition of the Council.
Governor-General must not appoint a person without meeting certain qualifications.
29C(3) Membership of Council
...the Governor-General is satisfied that...
The Governor-General must not appoint unless...
...unless the Governor-General is satisfied...
(3) The Governor-General must not appoint...
A Councillor may be appointed on either a full-time or part-time basis.
29D Terms and conditions of office
competition-and-consumer-act-2010.pdf, p.96
The Minister may appoint a Councillor to act as the Council President.
29E Acting Council President
29F Remuneration of Councillors
Councillors must be paid remuneration determined by the Remuneration Tribunal.
29F(1) Remuneration of Councillors
Temporal relationship between payment and determination
A Councillor must be paid prescribed allowances.
29F(2) Remuneration of Councillors
Remuneration of Councillors subject to the Remuneration Tribunal Act 1973.
29F(3) Remuneration of Councillors
29G Leave of absence
Recreation leave entitlements determined by the Remuneration Tribunal.
29G(1) Leave of absence
A full-time Councillor's leave entitlements apply during their full-time employment.
Leave entitlements apply during full-time employment.
(1) A full-time Councillor has such recreation leave entitlements as are determined by the Remuneration Tribunal.
A full-time Councillor has recreation leave entitlements.
The Remuneration Tribunal determines recreation leave entitlements.
Remuneration Tribunal determines recreation leave entitlements.
A full-time Councillor must have recreation leave entitlements.
Councillors must have recreation leave entitlements.
The Remuneration Tribunal's determination of recreation leave entitlements is binding.
Remuneration Tribunal's determination is binding.
Grant leave of absence on terms and conditions determined by the Minister.
29G(2) Leave of absence
Granting leave of absence is an obligation.
competition-and-consumer-act-2010.pdf, p.97
29H Termination of appointment of Councillors
Governor-General may terminate Councillor's appointment for misbehaviour or incapacity.
29H(1) Termination of appointment of Councillors
Termination of appointment of Councillors due to bankruptcy, non-compliance with disclosure obligations, or absence from duty.
29H(2) Termination of appointment of Councillors
The termination must occur within 14 consecutive days or 28 days in any 12 months.
Termination within 14 consecutive days or 28 days in any 12 months.
(2) The Governor-General must terminate the appointment...
The appointment of a Councillor must be terminated under these conditions.
Prohibition of appointment termination for certain reasons.
The Councillor must not engage in paid employment outside their duties.
Prohibition of engagement in paid employment outside duties.
The Councillor must comply with their disclosure obligations.
Prohibition of non-compliance with disclosure obligations.
The absence from duty must be recurring for more than 14 consecutive days.
Recurring absence from duty for more than 14 consecutive days.
A Councillor must provide a signed resignation notice to the Governor-General.
29I Resignation of Councillors
A Councillor must provide a signed resignation notice.
29J Arrangement of Council business
The Council President may give directions about the arrangement of the Council's business.
29J(1) Arrangement of Council business
The Council President has the power to give directions.
Council must not carry out work except in accordance with a program agreed to by the parties to the Competition Principles Agreement.
29J(2) Arrangement of Council business
The prohibition applies to all work except that which is part of a program agreed to by the parties.
Temporal interval for prohibition of work.
(2) The Council must not carry out any work (other than work relating to a function under Part IIIA or VIIA)
The Council must not carry out work except in accordance with a program agreed to by the parties.
Prohibition of work without a program agreed to by the parties.
competition-and-consumer-act-2010.pdf, p.98
29L Council meetings
Council President must convene necessary meetings.
29L(1) Council meetings
Meetings must be held in places determined by the Council President.
29L(2) Council meetings
...in places determined by the Council President.
Duty to hold meetings in specified places
Council President must preside at meetings attended by the Council President.
29L(3) Council meetings
Councillor must preside if Council President is absent
29L(4) Council meetings
The Councillor may give directions on the procedure to be followed in relation to a meeting.
29L(5) Council meetings
Quorum for a meeting is 3 Councillors including the Council President
29L(6) Council meetings
Requires a quorum of 3 Councillors including the Council President
29L(7) Council meetings
29LA Resolutions without meetings
All Councillors must sign a document in favour of a resolution.
29LA(1) Resolutions without meetings
The resolution is passed on or after the commencement date
The last day of signing must be after the commencement date
The document was signed on different days
The Councillors are in favour of the resolution
Signing the document implies that the Councillors are in favour of the resolution
The resolution is a decision made by the Councillors using AI
The resolution is a diffusion of the Councillors' will
Councillors have a duty to sign the document
29LA(2) Resolutions without meetings
(2) For the purposes of subsection (1), 2 or more separate documents containing statements in identical terms each of which is signed by one or more Councillors are together taken to constitute one document containing a statement in those terms signed by those Councillors on the respective days on which they signed the separate documents.
Documents are combined through diffusion
Documents together form a single document
Signing a document in favour of a resolution with a pecuniary interest is prohibited for Councillors.
29LA(3) Resolutions without meetings
The key overlaps with other resolutions without meetings.
Councillor signs a document in favour of a resolution.
Prohibition of signing a document in favour of a resolution with a pecuniary interest.
Councillor's functions may be affected by the interest.
competition-and-consumer-act-2010.pdf, p.99
29M Staff to help Council
29M(1) Staff to help Council
Council President and APS employees constitute a Statutory Agency.
29M(2) Staff to help Council
29N Consultants
The Council may engage persons to give advice and perform services.
29N(1) Consultants
Terms and conditions of engagement are determined by the Council.
29N(2) Consultants
Determining terms and conditions of engagement.
29O Annual report
2A Application of Act to Commonwealth and Commonwealth
The Act binds the Crown in right of the Commonwealth.
2A(1) Application of Act to Commonwealth and Commonwealth
...the Crown in right of the Commonwealth carries on a business.
The binding effect is during the time the Crown in right of the Commonwealth carries on a business.
(1) Subject to this section and sections 44AC, 44E and 95D, this Act binds...
...the Crown in right of the Commonwealth.
Classifies the Crown in right of the Commonwealth as a subject of the Act.
Imposes a duty on the Crown in right of the Commonwealth.
The Act applies to Commonwealth and its authorities as if they were corporations.
2A(2) Application of Act to Commonwealth and Commonwealth
The Act applies during the time Commonwealth carries on a business.
(2) Subject to the succeeding provisions of this section, this Act applies as if:
The Act applies to Commonwealth and its authorities.
competition-and-consumer-act-2010.pdf, p.30
2B Application of Act to States and Territories
The Crown in right of each State and Territory is bound by certain provisions of the Act.
2B(1) Application of Act to States and Territories
...so far as the Crown carries on a business...
The provision applies during the period when the Crown carries on a business.
(1) The following provisions of this Act bind the Crown...
The provision implies that the Crown must comply with the bound provisions.
The provision recognizes the binding effect of the Act on the Crown in right of each State and Territory.
The Crown is bound by the provisions of the Act.
The provision diffuses the binding effect to the Crown in right of each State and Territory.
No liability for pecuniary penalty or prosecution
2B(2) Application of Act to States and Territories
The Crown in right of a State or Territory is not liable to a pecuniary penalty or to be prosecuted for an offence.
Implies no liability for pecuniary penalty or prosecution
Protection does not apply to State or Territory authorities.
2B(3) Application of Act to States and Territories
2BA Application of Parts IV and IVA to local government bodies
Local government bodies must comply with Parts IV and IVA to the extent they carry on a business.
2BA(1) Application of Parts IV and IVA to local government bodies
Obligation to comply with Parts IV and IVA.
Defines local government body for application of Parts IV and IVA.
2BA(2) Application of Parts IV and IVA to local government bodies
Defines term for application of Parts IV and IVA.
Provides explicit class hierarchy for local government bodies.
competition-and-consumer-act-2010.pdf, p.31
Exemptions from business activities for certain government entities
2C Activities that are not business
(1) For the purposes of sections 2A, 2B and 2BA,
competition-and-consumer-act-2010.pdf, p.33
3 Repeal
Imposes prohibition on the Restrictive Trade Practices Acts
competition-and-consumer-act-2010.pdf, p.101
30 Constitution of Tribunal
30(1) Constitution of Tribunal
The Australian Competition Tribunal continues to exist.
The Tribunal shall consist of a President and such number of Deputy Presidents and other members as are appointed in accordance with this section.
30(2) Constitution of Tribunal
Members are appointed at some point in time
Describes the temporal relationship between appointments
(2) The Tribunal so continued in existence shall consist of a President and such number of Deputy Presidents and other members as are appointed in accordance with this section.
The process of appointment is not specified
The Tribunal has a specific relationship with its members
Describes the relationship between the Tribunal and its members
Member of Tribunal must be appointed by Governor-General.
30(3) Constitution of Tribunal
The appointment process starts with the Governor-General appointing a member of the Tribunal.
(3) A member of the Tribunal shall be appointed by the Governor-General.
The appointment process for members of the Tribunal is a reasoning task for the Governor-General.
The Governor-General is recognized as the authority for appointing members of the Tribunal.
A member of the Tribunal MUST be appointed by the Governor-General.
Obligation to appoint member of Tribunal
The appointment process for members of the Tribunal spreads to all relevant parties.
31 Qualifications of members of Tribunal
A person must be a Judge of a Federal Court to be appointed as a presidential member of the Tribunal.
31(1) Qualifications of members of Tribunal
...unless he or she is a Judge of a Federal Court...
Person must be qualified for appointment by virtue of knowledge or experience.
31(2) Qualifications of members of Tribunal
Person must be qualified by virtue of knowledge or experience
Knowledge or experience is a temporal interval
A person shall not be appointed unless...
Appointment of Judge as presidential member of Tribunal does not affect tenure.
31A Appointment of Judge as presidential member of Tribunal not
competition-and-consumer-act-2010.pdf, p.102
Member of Tribunal holds office for a specified period and on terms and conditions determined by Governor-General.
32 Terms and conditions of appointment
33 Remuneration and allowances of members of Tribunal
Member of Tribunal must be paid remuneration determined by Remuneration Tribunal.
33(4) Remuneration and allowances of members of Tribunal
Member of Tribunal must be paid remuneration.
Member of Tribunal must be paid allowances
33(5) Remuneration and allowances of members of Tribunal
Remuneration and allowances of members of Tribunal subject to the Remuneration Tribunal Act 1973.
33(6) Remuneration and allowances of members of Tribunal
34 Acting appointments
Minister may appoint Deputy President or acting Deputy President when President is absent or there is a vacancy in the office of President.
34(1) Acting appointments
Governor-General may appoint a person to act as Deputy President during absence of member.
34(2) Acting appointments
Appoint acting member of Tribunal during absence from duty
34(3) Acting appointments
Governor-General may appoint acting member
Continue acting as a member of the Tribunal after resumption of duty by absent member.
34(4) Acting appointments
Appointment continuation upon member's absence
34(5) Acting appointments
competition-and-consumer-act-2010.pdf, p.104
35 Suspension and removal of members of Tribunal
Governor-General may suspend a member of the Tribunal from office on grounds of misbehaviour or incapacity.
35(1) Suspension and removal of members of Tribunal
Statement of ground for suspension must be laid before Parliament within 7 sitting days.
35(2) Suspension and removal of members of Tribunal
Governor-General must terminate suspension if both Houses pass a resolution to restore the member.
35(3) Suspension and removal of members of Tribunal
Governor-General must terminate suspension.
If both Houses pass a resolution, then Governor-General terminates suspension.
Governor-General may remove member of Tribunal from office if House of Parliament fails to pass resolution.
35(4) Suspension and removal of members of Tribunal
...the Governor-General may remove the member of the Tribunal from office.
Removal within 15 sitting days if resolution not passed.
(4) If, at the expiration of 15 sitting days...
Imposes prohibition on Governor-General's action.
Enforces prohibition on Governor-General's action.
Justifies removal if resolution not passed.
Implies removal of member if resolution not passed.
Removal from office if member of Tribunal becomes bankrupt
35(5) Suspension and removal of members of Tribunal
...the Governor-General shall remove him or her from office.
Temporal interval between bankruptcy and removal from office
(5) If a member of the Tribunal becomes bankrupt...
Implication of bankruptcy on removal from office
Inference of removal from office based on bankruptcy
Prohibition on removal from office if member of Tribunal becomes bankrupt
Propagated effect of bankruptcy on removal from office
A member of the Tribunal shall not be removed from office except as provided by this section.
35(6) Suspension and removal of members of Tribunal
Prohibition on removal of Tribunal members
(6) A member of the Tribunal shall not be removed from office except...
Presidential member of Tribunal ceases office if no longer Judge of Federal Court.
35(7) Suspension and removal of members of Tribunal
(7) A presidential member of the Tribunal ceases...
A member of the Tribunal may resign by writing signed and delivered to the Governor-General.
36 Resignation
competition-and-consumer-act-2010.pdf, p.105
Presidential member and 2 non-presidential members must constitute the Tribunal for hearing and determining proceedings.
37 Constitution of Tribunal for particular matters
...a presidential member and 2 non-presidential members
Division of the Tribunal must consist of...
The validity of a determination is not affected by defects in the Tribunal's constitution.
38 Validity of determinations
The determination's validity is not affected.
Obligation to uphold validity of determinations
The defect or irregularity in the constitution does not affect the determination's validity.
Permission to disregard defects in the Tribunal's constitution
There are no explicit requirements for the Tribunal's constitution.
39 President may give directions
The President may give directions regarding Tribunal business arrangement and Division constitution.
39(1) President may give directions
The President has the power to give directions.
The President may give directions to Deputy Presidents regarding procedure in Tribunal proceedings.
39(2) President may give directions
4 Interpretation
ACMA means the Australian Communications and Media Authority.
A person with an accreditation is an accredited person.
accredited person means a person who holds an accreditation under subsection 56CA(1).
An accredited action initiator is defined in section 56AMC.
Definition of Accredited Action Initiator
accredited action initiator has the meaning given by section 56AMC.
An accredited data recipient is defined in section 56AK.
accredited data recipient has the meaning given by section 56AK.
An acquisition determination is defined by subsection 51ABZE(1).
acquisition determination, in respect of a notification of an acquisition, means:
Acquire means to acquire goods through purchase, exchange, or lease, or to accept a service.
acquire includes: (a) in relation to goods—acquire by way of purchase, exchange or taking on lease, on hire or on hire-purchase; and (b) in relation to services—accept.
Member must disclose pecuniary interest to President.
40 Disclosure of interests by members of Tribunal
Member has a duty to disclose pecuniary interest.
competition-and-consumer-act-2010.pdf, p.106
Presidential member must preside at Division proceedings.
41 Presidential member to preside
42 Decision of questions
Determine questions of law according to presidential member's opinion
42(1) Decision of questions
...shall be determined in accordance with...
Majority opinion determines a question in proceedings before a Division of the Tribunal.
42(2) Decision of questions
Questions arise during proceedings before a Division of the Tribunal
Question arises during proceedings before a Division of the Tribunal
Proceedings before a Division of the Tribunal include questions arising during proceedings
Decision on question implies majority opinion
Majority opinion implies decision on question
Division of the Tribunal must follow majority opinion
competition-and-consumer-act-2010.pdf, p.107
43 Member of Tribunal ceasing to be available
Member of Tribunal ceasing to be available
43(1) Member of Tribunal ceasing to be available
Directs specified member of Tribunal in proceedings.
43(2) Member of Tribunal ceasing to be available
43(3) Member of Tribunal ceasing to be available
President may add a third member to the Tribunal at any time before proceedings determination.
43(4) Member of Tribunal ceasing to be available
President has the power to add a third member.
The Tribunal may consider previous proceedings records.
43(5) Member of Tribunal ceasing to be available
43A Counsel assisting Tribunal
The President may appoint a legal practitioner to assist the Tribunal.
43A(1) Counsel assisting Tribunal
43A(2) Counsel assisting Tribunal
competition-and-consumer-act-2010.pdf, p.108
The Registrar may engage persons as consultants.
43B Consultants
44 Staff of Tribunal
Appointment of Registrar and Deputy Registrars
44(1) Staff of Tribunal
There shall be a Registrar of the Tribunal
44(2) Staff of Tribunal
The staff of the tribunal are appointed between certain dates
(2) The Registrar and the Deputy Registrars shall be appointed by the Minister...
The staff of the tribunal have specific roles
The staff of the tribunal have specific functions
The Registrar and the Deputy Registrars have such duties and functions as are provided by this Act...
The staff of the tribunal diffuse their duties to others
44(3) Staff of Tribunal
The Minister may appoint a person to act as Registrar or Deputy Registrar.
44A Acting appointments
competition-and-consumer-act-2010.pdf, p.139
Promote economically efficient infrastructure operation and investment.
44AA Objects of Part
competition-and-consumer-act-2010.pdf, p.109
Definitions for Australian Energy Market Agreement and its members.
44AB Definitions
44AC This Part binds the Crown
Include operation in relation to things and acts outside Australia
44AD Extra-territorial operation
competition-and-consumer-act-2010.pdf, p.111
44AE Establishment of the AER
44AE(1) Establishment of the AER
44AE(2) Establishment of the AER
(2) The AER: (a) is a body corporate with perpetual succession; and (b) MUST HAVE a common seal; and (c) may acquire, hold and dispose of real and personal property; and (d) may sue and be sued in its corporate name.
The AER is not to be a corporate Commonwealth entity.
44AE(3) Establishment of the AER
The AER is not a corporate Commonwealth entity.
The AER holds money and property on behalf of the Commonwealth.
44AF AER to hold money and property on behalf of the
Appoint Commonwealth and State/Territory AER members.
44AG Constitution of the AER
Imposes a duty on the State/Territory to appoint members.
competition-and-consumer-act-2010.pdf, p.112
44AH Commonwealth functions
The AER has functions conferred under a law of the Commonwealth or prescribed by regulations made under this Act.
44AH(1) Commonwealth functions
Regulations may empower the AER to make legislative instruments.
44AH(2) Commonwealth functions
Exempts legislative instruments from disallowance under the Legislation Act 2003.
44AH(3) Commonwealth functions
The exemption applies to legislative instruments empowered by regulations made for the purposes of paragraph (1)(b).
Exempts legislative instruments from disallowance.
Section 42 (disallowance) of the Legislation Act 2003.
Express provision to the contrary in regulations overrides subsection (3)
44AH(4) Commonwealth functions
44AI Commonwealth consent to conferral of functions etc. on AER
A State/Territory energy law may confer functions or powers on the AER.
44AI(1) Commonwealth consent to conferral of functions etc. on AER
No conferral of function or power by State/Territory energy law or local energy instrument to certain extent.
44AI(2) Commonwealth consent to conferral of functions etc. on AER
Temporal overlap between conferral and constitutional doctrines.
the conferral or imposition, or the authorisation would contravene any constitutional doctrines...
Prohibition of conferral by State/Territory energy law or local energy instrument.
(2) Subsection (1) does not authorise the conferral...
Commonwealth consent required for conferral of functions on AER
44AI(3) Commonwealth consent to conferral of functions etc. on AER
Conferral of function without consent is not allowed
A local energy instrument must be designated for the purposes of this subsection under a relevant agreement before conferring functions or powers on the AER.
44AI(4) Commonwealth consent to conferral of functions etc. on AER
...the instrument is designated for the purposes of this subsection under the Australian Energy Market Agreement, or any other relevant agreement...
The designation must occur during the effective period of the instrument.
(4) A local energy instrument may confer functions or powers, or impose duties, on the AER only if...
The instrument must be designated for the purposes of this subsection.
The designation must occur until the effective period of the instrument.
No merits review of AER decisions under State/Territory energy laws or local energy instruments.
44AI(5) Commonwealth consent to conferral of functions etc. on AER
Overlaps with subsection (4) of section 44AI(5).
(5) To avoid doubt, if a State/Territory energy law is also a local energy instrument, subsection (4) applies to the law.
A decision of the AER under a State/Territory energy law or local energy instrument is not to be subject to merits review...
Prohibits merits review of AER decisions under State/Territory energy laws or local energy instruments.
Diffuses prohibition to all relevant decisions.
Recurring trace of merits review prohibition.
competition-and-consumer-act-2010.pdf, p.113
Duty imposed on AER by State/Territory energy law or local energy instrument
44AJ How duty is imposed
State/Territory energy law or local energy instrument
competition-and-consumer-act-2010.pdf, p.115
Imposes a duty on AER under certain circumstances.
44AK When a State/Territory energy law etc. imposes a duty
The AER has power to do all things necessary or convenient.
44AL Powers of the AER
competition-and-consumer-act-2010.pdf, p.116
44AM Appointment of Commonwealth AER members
A Commonwealth AER member must be appointed by the Governor-General.
44AM(1) Appointment of Commonwealth AER members
Must hold office for a specified period not exceeding 5 years.
44AM(2) Appointment of Commonwealth AER members
The obligation is during a specific temporal interval.
(2) A Commonwealth AER member holds office for the period specified in the instrument of appointment.
The member must hold office for a specified period not exceeding 5 years.
The obligation is a requirement that can be automated.
The obligation is a requirement that spreads to other obligations.
Knowledge or experience requirement for appointment as Commonwealth AER member
44AM(3) Appointment of Commonwealth AER members
Must have knowledge of industry, commerce, economics, law, consumer protection or public administration
Must have experience in industry, commerce, economics, law, consumer protection or public administration
44AO Acting appointment of Commonwealth AER member
The Minister may appoint a person to act as Commonwealth AER member under certain circumstances.
44AO(1) Acting appointment of Commonwealth AER member
An appointment may be made during this time
during a vacancy in the office of Commonwealth AER member
There is a vacancy in the office of Commonwealth AER member
A person may be appointed as Commonwealth AER member
Appointment valid for all periods of absence
during any period, or during all periods
The AER member is absent from duty or location
Knowledge or experience in specified fields required for appointment as Commonwealth AER member.
44AO(2) Acting appointment of Commonwealth AER member
The appointment is valid during the time period when the person has knowledge or experience in specified fields.
Describes the time period during which the appointment is valid.
(2) A person is not eligible for appointment to act as a Commonwealth AER member unless the person has knowledge of, or experience in, industry, commerce, economics, law, consumer protection or public administration.
The cognitive process involves considering the person's knowledge or experience in specified fields during the time period when the person is eligible for appointment.
Describes the cognitive process involved in making the appointment.
The person must have knowledge or experience in specified fields.
Requires knowledge or experience in specified fields.
The information about the appointment spreads during the time period when the person has knowledge or experience in specified fields.
Describes the spread of information about the appointment.
competition-and-consumer-act-2010.pdf, p.117
44AP Appointment of State/Territory AER members
State/Territory AER member must be appointed by Governor-General
44AP(1) Appointment of State/Territory AER members
44AP(2) Appointment of State/Territory AER members
The State/Territory AER member must hold office during a period not exceeding 5 years.
The obligation is during a specified period not exceeding 5 years.
(2) A State/Territory AER member holds office for the period specified in the instrument of appointment.
The State/Territory AER member must hold office for a specified period not exceeding 5 years.
The State/Territory AER member must not hold office for more than 5 years.
Knowledge or experience in industry, commerce, economics, law, consumer protection, or public administration is required for appointment.
44AP(3) Appointment of State/Territory AER members
Requires knowledge or experience in a specific field.
The Minister may appoint a person to act as State/Territory AER member.
44AQ Acting appointment of State/Territory AER member
competition-and-consumer-act-2010.pdf, p.118
44AR AER Chair
Appointment of AER Deputy Chair Appointment of AER Chair by Governor-General
44AR(1) AER Chair
Eligibility requirement for AER Deputy Chair appointment Eligibility requirement for AER Chair appointment
44AR(2) AER Chair
Person is not eligible for appointment as the AER Deputy Chair
The AER Deputy Chair must hold office for a period not exceeding 5 years. The AER Chair must hold office for a period not exceeding 5 years.
44AR(3) AER Chair
The AER Deputy Chair's term is within the 5-year limit.
The AER Deputy Chair must hold office for a period not exceeding 5 years.
(3) The AER Deputy Chair holds office for the period specified in the instrument of appointment.
The AER Deputy Chair's term is limited to 5 years.
Diffuses information about the term limit
Ceasing to be AER member also ceases being AER Chair. If a person ceases to be an AER member, they also cease to be the AER Deputy Chair.
44AR(4) AER Chair
A ceases to be an AER member and the AER Chair.
Ceasing to be AER Chair occurs during ceasing to be AER member.
B ceases to be an AER member and the AER Chair.
competition-and-consumer-act-2010.pdf, p.119
44AS Acting AER Deputy Chair
The Minister may appoint an AER member as Deputy Chair.
44AS(1) Acting AER Deputy Chair
(i) is absent from duty or from Australia; (ii) is, for any reason, unable to perform the duties of the office.
(a) during a vacancy in the office of the AER Deputy Chair, (b) during any period...
Ceases appointment if AER Deputy Chair ceases to be an AER member
44AS(2) Acting AER Deputy Chair
Describes temporal overlap between appointment cessation and AER Deputy Chair ceasing membership
(2) If a person acting as the AER Deputy Chair ceases to be an AER member, then the appointment to act as the AER Deputy Chair also ceases.
Prohibits appointment continuation if AER Deputy Chair ceases to be an AER member
Imposes obligation on State to cease appointment if AER Deputy Chair ceases to be an AER member
Describes temporal relationship between appointment cessation and AER Deputy Chair ceasing membership
competition-and-consumer-act-2010.pdf, p.120
44AT Remuneration of AER members
AER member must be paid remuneration determined by the Remuneration Tribunal.
44AT(1) Remuneration of AER members
Member must be paid prescribed allowances
44AT(2) Remuneration of AER members
Remuneration of AER members subject to the Remuneration Tribunal Act 1973.
44AT(3) Remuneration of AER members
44AU Additional remuneration of AER Chair
The AER Chair must be paid additional remuneration determined by the Remuneration Tribunal.
44AU(1) Additional remuneration of AER Chair
The AER Chair must be paid additional allowances.
44AU(2) Additional remuneration of AER Chair
Subject to the Remuneration Tribunal Act 1973, except subsection 7(11)
44AU(3) Additional remuneration of AER Chair
44AV Leave of absence
A full-time AER member has recreation leave entitlements determined by the Remuneration Tribunal.
44AV(1) Leave of absence
44AV(2) Leave of absence
Grant leave of absence on terms and conditions determined by the AER Chair
44AV(3) Leave of absence
competition-and-consumer-act-2010.pdf, p.121
44AW Other terms and conditions
44AX Outside employment
No full-time AER member can engage in paid employment outside their office without Minister's consent.
44AX(1) Outside employment
Temporal overlap between employment and office duties.
(1) A full-time AER member must not engage in paid employment outside the duties of the member’s office without the Minister’s consent.
Minister recognizes authority to grant consent.
Recognition of Minister's authority to grant consent.
No paid employment outside office duties.
Prohibition of paid employment outside office duties.
Minister's consent implies permission for employment outside office duties.
Validation of employment classification as outside office duties.
No part-time AER member can engage in paid employment that conflicts with their duties.
44AX(2) Outside employment
Member's duties must be performed properly
44AY Disclosure of interests
44AY(1) Disclosure of interests
44AY(2) Disclosure of interests
Exemption from duty to disclose interests for AER members acting in their capacity as AER members.
44AY(3) Disclosure of interests
Section 29 of the Public Governance, Performance and Accountability Act 2013 has a temporal exemption for AER members acting in their capacity as AER members.
Exempts AER members from duty to disclose interests when acting in their capacity as AER members.
Section 29 of the Public Governance, Performance and Accountability Act 2013 does not apply.
Exempts AER members from duty to disclose interests when acting in their capacity as associate members of the Commission.
Section 29 of the Public Governance, Performance and Accountability Act 2013 will apply in relation to a person who is an AER member when he or she is acting in his or her capacity as an associate member of the Commission.
Section 29 of the Public Governance, Performance and Accountability Act 2013 has an exemption for AER members acting in their capacity as associate members of the Commission.
Section 29 of the Public Governance, Performance and Accountability Act 2013 prohibits disclosure of interests for AER members acting in their capacity as AER members.
competition-and-consumer-act-2010.pdf, p.122
44AZ Resignation
The AER Chair must convene meetings as necessary. Resignation obligation Governor-General may terminate appointment of AER member under certain conditions.
44AZ(1) Resignation
Governor-General may terminate appointment
The AER Chair must provide a written resignation to the Governor-General. Determination of meeting places by the AER Chair Governor-General may terminate appointment of AER member under certain conditions.
44AZ(2) Resignation
Absence must be for a specified duration.
(2) The Governor-General may terminate the appointment of a full-time AER member if:
The AER Chair must provide a written resignation.
Termination can occur under multiple conditions.
Quorum requirement for AER meetings Termination of appointment for absence or conflict of interest Resignation obligation
44AZ(3) Resignation
(a) the member is absent, except on leave of absence, from 3 consecutive meetings of the AER;
The meeting is invalid if less than 3 members are present
The meeting is invalid if less than one member is present
The meeting is invalid if less than 2 members are present
Prohibition on termination without cause
(3) The Governor-General may terminate the appointment of a part-time AER member if:
Prohibition on paid employment that conflicts with duties
(b) the member engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.
Governor-General is obligated to receive resignation
Definitions for access code and related terms.
44B Definitions
competition-and-consumer-act-2010.pdf, p.143
44C How this Part applies to partnerships and joint ventures
This section applies if the provider of a service is a partnership or joint venture that consists of 2 or more corporations.
44C(1) How this Part applies to partnerships and joint ventures
Permits participants to act on behalf of the provider.
44C(2) How this Part applies to partnerships and joint ventures
Allows action on behalf of the provider.
Partnerships and joint ventures are subject to the provision's costs.
44C(3) How this Part applies to partnerships and joint ventures
The provision applies to partnerships and joint ventures.
The provision applies to participants bearing costs.
competition-and-consumer-act-2010.pdf, p.144
44CA Meaning of declaration criteria
Declaration criteria for a service must promote material increase in competition and public interest.
44CA(1) Meaning of declaration criteria
(1) The declaration criteria for a service are: (a) that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote a material increase in competition in at least one market (whether or not in Australia), other than the market for the service; and
Service declaration must promote material increase in competition and public interest.
(c) that the facility is of national significance, having regard to: (i) the size of the facility; or (ii) the importance of the facility to constitutional trade or commerce; or (iii) the importance of the facility to the national economy;
Service declaration must meet facility size and importance criteria.
(d) that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote the public interest.
Service declaration must promote public interest.
(b) that the facility that is used (or will be used) to provide the service could meet the total foreseeable demand in the market: (i) over the period for which the service would be declared; and (ii) at the least cost compared to any 2 or more facilities (which could include the first-mentioned facility);
Service declaration must meet market demand criteria.
(a) that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote a material increase in competition in at least one market (whether or not in Australia), other than the market for the service;
Service declaration must promote material increase in competition.
Consider facility expansion when determining capacity.
44CA(2) Meaning of declaration criteria
(2) For the purposes of paragraph (1)(b):
Council must have regard to certain factors when considering whether a service should be declared.
44CA(3) Meaning of declaration criteria
The declaration criteria are within a timeframe
Council's consideration is within a timeframe
(3) Without limiting the matters to which the Council may have regard...
The declaration criteria are an argument for declaring a service
Council's consideration is an argument for declaring a service
The declaration criteria are a cognitive process
Council's consideration is a cognitive process
The declaration criteria are spread to other entities
Council's consideration is spread to other entities
competition-and-consumer-act-2010.pdf, p.145
44D Meaning of designated Minister
Designated Minister is specified as the Commonwealth Minister unless certain subsections apply.
44D(1) Meaning of designated Minister
The Commonwealth Minister is the designated Minister.
44D(2) Meaning of designated Minister
competition-and-consumer-act-2010.pdf, p.146
44DA The principles in the Competition Principles Agreement have
Treat each individual principle as a guideline rather than a binding rule.
44DA(1) The principles in the Competition Principles Agreement have
Council and Ministers have an obligation to treat principles as guidelines.
An effective access regime may contain additional matters that are not inconsistent with Competition Principles Agreement principles.
44DA(2) The principles in the Competition Principles Agreement have
competition-and-consumer-act-2010.pdf, p.147
44E This Part binds the Crown
44E(1) This Part binds the Crown
44E(2) This Part binds the Crown
Protection does not apply to certain authorities.
44E(3) This Part binds the Crown
Indicates the scope of protection overlaps with certain authorities.
(3) The protection in subsection (2) does not apply to an authority of the Commonwealth or an authority of a State or Territory.
Indicates the scope of protection is recognized by AI.
Prohibits protection from applying to certain authorities.
Indicates the scope of protection diffuses with certain authorities.
Indicates the scope of protection repeats with certain authorities.
competition-and-consumer-act-2010.pdf, p.148
44F Person may request recommendation
Request for recommendation of a service to be declared
44F(1) Person may request recommendation
The service is not eligible to be declared if there is a 15-year no-coverage determination in force
15-year no-coverage determination within the National Gas Law
(i) a 15-year no-coverage determination is in force under the National Gas Law in respect of the pipeline
The designated Minister may apply in writing to the Council asking the Council to recommend that a particular service be declared
The service is not eligible to be declared if there is a decision under section 44LG
Service ineligible due to decision under section 44LG
there is a decision of the designated Minister in force under section 44LG that the service is ineligible to be declared
The service is not eligible to be declared if it is part of a regime with an effective access regime in force
Service classification based on regime or access 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 (including as a result of an extension under section 44NB); or
The service is not eligible to be declared if it is part of an access undertaking in operation
Service classification based on access undertaking
(b) the service is the subject of an access undertaking in operation under Division 6
The service is not eligible to be declared if there is a price regulation exemption in force
Price regulation exemption recurring trace
(ii) a price regulation exemption is in force under the National Gas Law in respect of the pipeline
Council must give written notice explaining why certain paragraphs apply and that an application cannot be made for a service.
44F(1A) Person may request recommendation
The Council must tell the provider of the service that it has received an application.
44F(2) Person may request recommendation
Service not declared if application made in bad faith
44F(3) Person may request recommendation
Prohibits service declaration if application made in bad faith
Applicant may withdraw application before recommendation is made.
44F(5) Person may request recommendation
Request for Council recommendation variation
44F(6) Person may request recommendation
Council must decide on variation request
44F(7) Person may request recommendation
competition-and-consumer-act-2010.pdf, p.150
44FA Council may request information
44FA(1) Council may request information
The Council must provide a copy of the notice to the applicant and provider.
44FA(2) Council may request information
The Council must provide a copy of the notice.
Classification of the provision as an obligation.
Council must consider information given within a specified period when making a recommendation.
44FA(3) Council may request information
This information was given within the specified period.
The specified period is an interval that must be considered by the Council.
Council must have regard to this information.
Council must consider information given within a specified period.
Information given in compliance with a notice under subsection (1) within the specified period.
Council may disregard information of the kind specified in the notice given after the specified period has ended.
Information of the kind specified in the notice that is given after the specified period has ended.
This is part of the Council's recursive decision-making process.
The Council's decision-making process involves considering information in a recursive manner.
The Council considers information given in compliance with a notice under subsection (1) within the specified period.
Council must provide information in response to a notice under this section in a corresponding way to the way those subsections apply to a submission made in response to a notice under subsection 44GB(1).
44FA(4) Council may request information
competition-and-consumer-act-2010.pdf, p.151
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.
44GA Time limit for Council recommendations
Council must make a recommendation within the consideration period.
44GA(1) Time limit for Council recommendations
Recommendation implies consideration period
Defines consideration period for Council recommendations
44GA(2) Time limit for Council recommendations
Disregard certain days when calculating the expected period for a recommendation under section 44F.
44GA(3) Time limit for Council recommendations
The period starting on the day referred to in column 2 and ending on the day referred to in column 3
Temporal interval during which days are disregarded
Disregard any day in a period starting on the day referred to in column 2 and ending on the day referred to in column 3
Exclusion of days from the expected period
Column 1, Column 2, and Column 3 are specified
Disregard any day in a period starting on the day referred to in column 2 and ending on the day referred in column 3
competition-and-consumer-act-2010.pdf, p.153
44GB Council may invite public submissions on the application
Council may invite public submissions on an application under section 44F.
44GB(1) Council may invite public submissions on the application
Permission to invite public submissions.
Classification of the application as suitable for public submission.
Public submissions must be made within a specified timeframe.
44GB(2) Council may invite public submissions on the application
competition-and-consumer-act-2010.pdf, p.155
44GC Council must publish its recommendation
44GC(1) Council must publish its recommendation
Council must give a copy of the publication to the applicant and provider.
44GC(2) Council must publish its recommendation
Council must take action on a specific day
44GC(3) Council must publish its recommendation
The Council may give notice to the applicant and provider before publishing its recommendation.
44GC(4) Council must publish its recommendation
competition-and-consumer-act-2010.pdf, p.156
44H Designated Minister may declare a service
Must declare or decide not to declare a service upon receiving a declaration recommendation.
44H(1) Designated Minister may declare a service
Must have regard to objects of Part in decision-making
44H(1A) Designated Minister may declare a service
Must declare a service only if satisfied of declaration criteria.
44H(4) Designated Minister may declare a service
Prohibition on declaring a service without satisfying declaration criteria.
Designated Minister must specify expiry date in declaration.
44H(8) Designated Minister may declare a service
Designated Minister must publish decision within 60 days or be deemed to have made a decision in accordance with the declaration recommendation.
44H(9) Designated Minister may declare a service
Temporal interval for publication is specified.
Designated Minister must publish decision within 60 days.
44HA Designated Minister must publish his or her decision
Publish decision on declaration recommendation and reasons for the decision.
44HA(1) Designated Minister must publish his or her decision
Classification of declaration recommendation and reasons for the decision
Designated Minister must publish decision and provide to applicant and provider.
44HA(2) Designated Minister must publish his or her decision
Designated Minister must give a copy of the publication to...
Designated Minister may give notice to persons before publishing decision.
44HA(3) Designated Minister must publish his or her decision
Must have regard to submissions when deciding what to publish.
44HA(4) Designated Minister must publish his or her decision
Submission is a relevant matter when considering decisions within a specific time frame.
(4) The designated Minister must have regard to any submission so made in deciding what to publish.
Must consider submissions when making decisions.
May consider other relevant matters when making decisions.
Submission is a relevant matter when considering decisions and is spread by the designated Minister.
competition-and-consumer-act-2010.pdf, p.157
44I Duration and effect of declaration
Declaration begins operating at a specified time after publication, with a minimum delay of 21 days.
44I(1) Duration and effect of declaration
Declaration does not begin to operate until order is no longer in effect under subsection 44KA(6) or Tribunal makes a new decision.
44I(2) Duration and effect of declaration
the declaration does not begin to operate until the order is no longer in effect under subsection 44KA(6) or the Tribunal makes a new decision.
Temporal interval for declaration operation
(2) If an application for review of a declaration is made within 21 days after the day the declaration is published; and (b) the Tribunal makes an order under section 44KA staying the operation of the declaration;
Temporal condition for declaration operation
Tribunal's decision required for declaration operation
competition-and-consumer-act-2010.pdf, p.158
44J Revocation of declaration
The Council must have regard to the objects of this Part when making its decision.
44J(1) Revocation of declaration
The Council must have regard to the objects of this Part.
Council must be satisfied before recommending revocation of declaration.
44J(2) Revocation of declaration
...it is satisfied that, at the time of the recommendation: ...
(2) The Council cannot recommend revocation of a declaration unless...
Must satisfy conditions before making recommendation.
...it is satisfied that, at the time of the recommendation: ... (a) subsection 44F(1) would prevent the making of an application for a recommendation that the service concerned be declared; or
Must be satisfied before making application for declaration.
...it is satisfied that, at the time of the recommendation: ... (b) subsection 44H(4) would prevent the service concerned from being declared.
Must be satisfied before declaring service.
Minister must decide on revocation of declaration.
44J(3) Revocation of declaration
Designated Minister must consider objects of Part in decision-making.
44J(3A) Revocation of declaration
Designated Minister must publish decision to revoke or not revoke declaration.
44J(4) Revocation of declaration
Designated Minister must publish decision.
Designated Minister must give reasons for decision not to revoke declared service.
44J(5) Revocation of declaration
Designated Minister must receive revocation recommendation before revoking declaration.
44J(6) Revocation of declaration
Designated Minister must receive revocation recommendation
Failure to publish decision within 60 days results in automatic revocation of declaration.
44J(7) Revocation of declaration
...the designated Minister is taken, immediately after the end of that 60-day period: ...
Temporal interval from start of day recommendation received to end of 60 days.
(7) If the designated Minister does not publish under subsection (4) his or her decision on the revocation recommendation within the period starting at the start of the day...
Obligation to publish decision within 60 days.
(7) If the designated Minister does not publish under subsection (4) his or her decision on the revocation recommendation...
Permission to publish decision within 60 days.
Recurring trace from start of day recommendation received to end of 60 days.
competition-and-consumer-act-2010.pdf, p.159
44K Review of declaration
Provider may apply for review of declaration.
44K(1) Review of declaration
Provider has the right to request a review.
Right to review of designated Minister's decision
44K(2) Review of declaration
Application for review must be made within 21 days after publication of the designated Minister's decision.
44K(3) Review of declaration
An application for review MUST BE MADE AT LEAST 21 DAYS AFTER PUBLICATION.
Application must be made at least 21 days after publication.
(3) An application for review must be made within 21 days after publication of the designated Minister’s decision.
An application for review IS A FORMAL REQUEST.
An application for review MUST be made within 21 days after publication of the designated Minister’s decision.
Application must be made within 21 days.
An application for review IS A LEGAL ACTION.
Reconsideration of the matter based on specified information and reports.
44K(4) Review of declaration
The Tribunal has the same powers as the designated Minister.
44K(5) Review of declaration
(5) For the purposes of the review, the Tribunal has the same powers as the designated Minister.
competition-and-consumer-act-2010.pdf, p.160
44KA Tribunal may stay operation of declaration
Tribunal may stay operation of declaration
44KA(1) Tribunal may stay operation of declaration
the taking of steps in reliance on the declaration is allowed before the tribunal's decision
Temporal relation between declaration and taking steps in reliance on it
(1) Subject to this section, an application for review of a declaration under subsection 44K(1)
the declaration's operation is allowed before the tribunal's decision
Cognitive AI analysis of declaration and its operation
does not affect the operation of the declaration; or prevent the taking of steps in reliance on the declaration.
Obligation to stay operation of declaration
Diffusion of declaration and its operation
Recurring trace of declaration and its operation
Tribunal may stay operation of declaration on application by a party to proceedings for review.
44KA(2) Tribunal may stay operation of declaration
Tribunal may make an order staying or affecting the operation of a declaration.
The Tribunal may make an order varying or revoking a previous order.
Council must be given a reasonable opportunity to make submissions before making an order under subsection (2)
44KA(3) Tribunal may stay operation of declaration
The Tribunal must not make an order under subsection (2).
The Council has not been given a reasonable opportunity to make a submission.
The Tribunal must not make an order varying or revoking an existing order under paragraph (2)(a).
Council and the person who requested the making of the order under paragraph (2)(a) must be given a reasonable opportunity to make submissions before making an order varying or revoking an existing order.
Tribunal may make an order without informing a person
44KA(4) Tribunal may stay operation of declaration
competition-and-consumer-act-2010.pdf, p.162
44KB Tribunal may order costs be awarded
Tribunal may order costs be awarded to another party.
44KB(1) Tribunal may order costs be awarded
The Tribunal must consider the costs incurred by another party before ordering the designated Minister to pay some or all of those costs.
44KB(2) Tribunal may order costs be awarded
The Tribunal must consider the costs incurred by another party.
44KB(3) Tribunal may order costs be awarded
Regulations may make provision for fees payable for assessment or taxation of costs ordered by the Tribunal.
44KB(4) Tribunal may order costs be awarded
Party must pay costs ordered by tribunal.
44KB(5) Tribunal may order costs be awarded
competition-and-consumer-act-2010.pdf, p.163
44L Review of decision not to revoke a declaration
Right to apply for review of decision not to revoke declaration
44L(1) Review of decision not to revoke a declaration
Declaration holder has right to apply for review
Application for review must be made within 21 days after publication of the designated Minister’s decision.
44L(2) Review of decision not to revoke a declaration
(2) An application for review must be made within 21 days after publication of the designated Minister’s decision.
An application for review IS A FORMAL REQUIREMENT.
An application for review IS A LEGAL REQUIREMENT.
Tribunal must re-consider decision not to revoke a declaration based on specified information and reports.
44L(3) Review of decision not to revoke a declaration
The time limits that apply to the Tribunal’s decision on the review (see section 44ZZOA).
Time limits apply to the Tribunal's decision
The review by the Tribunal is a re-consideration of the matter based on the information, reports and things referred to in section 44ZZOAA.
Tribunal's review involves artificial intelligence
Review by the Tribunal is a re-consideration of the matter
Tribunal's review is a re-consideration of a previous decision
The Tribunal’s decision on the review (see section 44ZZOA).
Tribunal's decision is within a specified timeframe
competition-and-consumer-act-2010.pdf, p.165
Service provision is subject to constitutional limits.
44LA Constitutional limits on operation of this Division
Prohibits service provision under certain conditions.
44LB Ineligibility recommendation
Application for ineligibility recommendation
44LB(1) Ineligibility recommendation
Application must be submitted before facility construction begins
Temporal interval for application submission
Note: The application must be made before construction of the facility commences
Person with material interest may apply for ineligibility
Council has a duty to recommend ineligibility
See definition of proposed facility in section 44B
Recommendation of ineligibility for a declared service
44LB(2) Ineligibility recommendation
competition-and-consumer-act-2010.pdf, p.167
44LC Council may request information
44LC(1) Council may request information
The Council must provide a copy of the notice to the applicant and publish it.
44LC(2) Council may request information
The provision is part of a class of provisions that require the Council to take action.
Must consider information given within specified period
44LC(3) Council may request information
competition-and-consumer-act-2010.pdf, p.168
44LD Time limit for Council recommendations
44LD(1) Time limit for Council recommendations
Publish a notice stating the extension and new deadline for recommendation.
44LD(10) Time limit for Council recommendations
Defines the consideration period for Council recommendations.
44LD(2) Time limit for Council recommendations
Disregard certain days when calculating the expected period for a recommendation under section 44LB.
44LD(3) Time limit for Council recommendations
Do not disregard any day more than once and limit total period to 60 days.
44LD(4) Time limit for Council recommendations
a day is in the interval if it is disregarded under that subsection;
Defines a temporal interval for disregarding days
(4) Despite subsection (3): (a) do not disregard any day more than once;
do not disregard any day more than once;
the total period that is disregarded under that subsection must not exceed 60 days;
(b) the total period that is disregarded under that subsection must not exceed 60 days.
the obligation to not disregard a day is diffused to all agents;
Diffuses the obligation to not disregard days
a day is in the pattern if it is disregarded under that subsection;
Defines a recurring pattern of days to be disregarded
Agreement on time limit disregard period
44LD(5) Time limit for Council recommendations
Publish agreement by electronic or other means within a time limit
44LD(6) Time limit for Council recommendations
Temporal interval for publishing agreement
Classification of the Council's decision-making process
Council must extend consideration period by notice if unable to make recommendation within time limit.
44LD(7) Time limit for Council recommendations
Specify when Council must make a recommendation and explain inability to do so within consideration period.
44LD(8) Time limit for Council recommendations
Specify when Council must make a recommendation
Council must give a copy of the notice to applicant and provider.
44LD(9) Time limit for Council recommendations
competition-and-consumer-act-2010.pdf, p.170
44LE Council may invite public submissions on the application
Council may invite public submissions on an application under section 44LB.
44LE(1) Council may invite public submissions on the application
44LE(2) Council may invite public submissions on the application
Submissions must be made within 14 days of the notice publication.
Submissions must be made within a specified timeframe
The day by which submissions may be made (which must be at least 14 days after the day the notice is published).
This is a description of the cognitive AI process for public submissions.
Describes a process for public submissions
The notice must specify how submissions may be made and the day by which submissions may be made.
This is a description of the diffusion process for public submissions.
Submissions have a minimum timing requirement.
Submissions have a lower bound on their timing
Must consider submissions before specified day
44LE(3) Council may invite public submissions on the application
Submission made on or before specified day
The Council must make written submissions publicly available.
44LE(4) Council may invite public submissions on the application
Request for confidentiality of submission
44LE(5) Council may invite public submissions on the application
Grant permission to request confidentiality
return whole or part of submission, inform person withdrawing submission
Council must return written submissions if requested and withdraw oral submissions if required.
44LE(6) Council may invite public submissions on the application
competition-and-consumer-act-2010.pdf, p.171
44LF Council must publish its recommendation
recommendation and reasons for the recommendation
44LF(1) Council must publish its recommendation
Council must give a copy of the publication to specific persons.
44LF(2) Council must publish its recommendation
competition-and-consumer-act-2010.pdf, p.172
44LG Designated Minister’s decision on ineligibility
Must decide on ineligibility of a service within 20 years.
44LG(1) Designated Minister’s decision on ineligibility
44LG(2) Designated Minister’s decision on ineligibility
Service ineligible despite access undertaking
44LG(3) Designated Minister’s decision on ineligibility
...the service is ineligible to be a declared service
(3) The designated Minister may decide...
Service ineligible if proposed facility tender process is approved
44LG(4) Designated Minister’s decision on ineligibility
(4) The designated Minister may decide...
The designated Minister must be satisfied of certain matters before declaring a service ineligible.
44LG(5) Designated Minister’s decision on ineligibility
The designated Minister must be satisfied of certain matters.
(5) The designated Minister must not decide that the service is ineligible to be a declared service unless he or she is satisfied of both of the following matters:
The designated Minister must be satisfied of at least one declaration criterion.
(5) The designated Minister must not decide that the service is ineligible to be a declared service unless he or she is satisfied of both of the following matters: (a) that the service is to be provided by means of the proposed facility when constructed; (b) that he or she is not satisfied of at least one of the declaration criteria for the service to be provided by means of the proposed facility.
Designated Minister must publish decision on ineligibility within 60 days.
44LG(6) Designated Minister’s decision on ineligibility
competition-and-consumer-act-2010.pdf, p.174
44LH Designated Minister must publish his or her decision
Publish decision on ineligibility recommendation and reasons
44LH(1) Designated Minister must publish his or her decision
Classification of ineligibility recommendation and reasons
Designated Minister must publish decision and provide copy to applicant.
44LH(2) Designated Minister must publish his or her decision
44LH(3) Designated Minister must publish his or her decision
44LH(4) Designated Minister must publish his or her decision
44LI Revocation of ineligibility decision
The Council must recommend to the designated Minister that they revoke their decision on ineligibility.
44LI(1) Revocation of ineligibility decision
The designated Minister must revoke their decision within a certain timeframe.
The recommendation is made between the time the ineligibility decision was made and the current time.
The Council has a duty to make recommendations.
The designated Minister must revoke their decision.
The Council must recommend to the designated Minister.
Council must decide whether to revoke decision
44LI(2) Revocation of ineligibility decision
(2) The Council cannot recommend that a decision be revoked unless...
Must revoke ineligibility decision upon receiving recommendation
44LI(3) Revocation of ineligibility decision
Obligation to revoke ineligibility decision
(3) On receiving a recommendation that the designated Minister revoke the ineligibility decision, the designated Minister must either revoke the ineligibility decision or decide not to revoke the ineligibility decision.
Minister must have regard to objects of Part in decision-making.
44LI(4) Revocation of ineligibility decision
Minister's obligation to consider Part's objects.
Designated Minister must publish decision to revoke or not revoke ineligibility decision.
44LI(5) Revocation of ineligibility decision
Decision to revoke or not revoke ineligibility decision is a subclass of publication.
Designated Minister must give reasons for decision to person affected.
44LI(6) Revocation of ineligibility decision
competition-and-consumer-act-2010.pdf, p.176
44LJ Review of ineligibility decisions
A person can apply in writing to the Tribunal for a review of an ineligible decision.
44LJ(1) Review of ineligibility decisions
Expresses ability to apply for a review.
44LJ(2) Review of ineligibility decisions
An application MUST BE MADE AT LEAST 21 DAYS AFTER PUBLICATION.
Reconsideration of ineligibility decisions based on specified information and reports.
44LJ(3) Review of ineligibility decisions
44LJ(4) Review of ineligibility decisions
The Tribunal has the same temporal interval as the designated Minister.
Same temporal interval as the designated Minister
(4) For the purposes of the review, the Tribunal has the same powers as the designated Minister.
The Tribunal has the same cogAI as the designated Minister.
The Tribunal has the same diffusion as the designated Minister.
Same diffusion as the designated Minister
The Tribunal has the same trace as the designated Minister.
Council must provide assistance for review purposes
44LJ(5) Review of ineligibility decisions
Member may require Council to provide information and reports.
44LJ(6) Review of ineligibility decisions
Tribunal must give notice to applicant, provider, and other parties involved.
44LJ(7) Review of ineligibility decisions
44LJ(8) Review of ineligibility decisions
competition-and-consumer-act-2010.pdf, p.178
44LK Review of decision to revoke or not revoke an ineligibility
A person may apply in writing to the Tribunal for a review of a decision.
44LK(1) Review of decision to revoke or not revoke an ineligibility
44LK(2) Review of decision to revoke or not revoke an ineligibility
Reconsideration of decision to revoke or not revoke ineligibility based on specified information and reports.
44LK(3) Review of decision to revoke or not revoke an ineligibility
Re-evaluation of decision based on new information.
The Tribunal has the same powers as the designated Minister for review purposes.
44LK(4) Review of decision to revoke or not revoke an ineligibility
The Tribunal has the same power as the designated Minister.
The Council must provide assistance for the purposes of the review.
44LK(5) Review of decision to revoke or not revoke an ineligibility
44LK(6) Review of decision to revoke or not revoke an ineligibility
Tribunal must give a copy of notice to certain persons and publish it.
44LK(7) Review of decision to revoke or not revoke an ineligibility
Tribunal must publish notice before decision is made.
(7) The Tribunal must: (b) publish, by electronic or other means, the notice.
Tribunal's decision implies publication of notice.
(7) The Tribunal must: (a) give a copy of the notice to:
Tribunal may affirm or set aside designated Minister's decision to revoke ineligibility
44LK(8) Review of decision to revoke or not revoke an ineligibility
Tribunal may affirm or set aside decision
Tribunal may affirm or revoke designated Minister's decision on ineligibility
44LK(9) Review of decision to revoke or not revoke an ineligibility
Tribunal must affirm the designated Minister's decision
Tribunal may set aside the designated Minister's decision
Tribunal must revoke the ineligibility decision
competition-and-consumer-act-2010.pdf, p.180
44LL Ineligibility decisions subject to alteration, cancellation etc.
Decision can be revoked or cancelled under later legislation.
44LL(1) Ineligibility decisions subject to alteration, cancellation etc.
Decision can be made at any time before cancellation.
(c) no compensation is payable if the decision is cancelled, revoked, terminated or varied as mentioned in any of the above paragraphs;
(a) the decision may be revoked under section 44LI;
State is obligated to provide compensation if decision is not cancelled.
Does not affect interpretation of other provisions
44LL(2) Ineligibility decisions subject to alteration, cancellation etc.
competition-and-consumer-act-2010.pdf, p.181
44M Recommendation for a Ministerial decision on effectiveness of
Establishment of a regime for access to a service or proposed service is subject to recommendation by the Minister.
44M(1) Recommendation for a Ministerial decision on effectiveness of
Minister may make written application to Council for recommendation on access regime effectiveness
44M(2) Recommendation for a Ministerial decision on effectiveness of
Council must recommend to Commonwealth Minister on effectiveness of access regime.
44M(3) Recommendation for a Ministerial decision on effectiveness of
Must assess effectiveness of access regime and consider objects of this Part
44M(4) Recommendation for a Ministerial decision on effectiveness of
competition-and-consumer-act-2010.pdf, p.182
44MA Council may request information
Council may request information from a person.
44MA(1) Council may request information
44MA(2) Council may request information
The applicant and provider are subclasses of the person who received the notice.
44MA(3) Council may request information
44N Ministerial decision on effectiveness of access regime
The Commonwealth Minister must decide on the effectiveness of an access regime.
44N(1) Ministerial decision on effectiveness of access regime
Commonwealth Minister must apply principles and have regard to objects when making a decision.
44N(2) Ministerial decision on effectiveness of access regime
Relevant principles set out in the Competition Principles Agreement
Disregard Chapter 5 of a National Gas Law when making a decision.
44N(2A) Ministerial decision on effectiveness of access regime
Specifies period for which ministerial decision is in force.
44N(3) Ministerial decision on effectiveness of access regime
Failure to publish decision within 60 days results in automatic publication and enforcement of recommendation.
44N(4) Ministerial decision on effectiveness of access regime
competition-and-consumer-act-2010.pdf, p.184
44NA Recommendation by Council
Request for information from a person Application of section 44N decision to access regime
44NA(1) Recommendation by Council
...if a decision of the Commonwealth Minister is in force under section 44N
Person can provide requested information
Council must give a copy of notice to applicant and provider, and publish the notice. Minister may make written application to Council for recommendation on extending decision period.
44NA(2) Recommendation by Council
Council must give a copy of notice to applicant and provider.
Council is responsible for giving a copy of notice to applicant and provider.
Application is part of decision-making process
Must consider information given within specified period, may disregard later information. Minister may specify variations to access regime
44NA(3) Recommendation by Council
The Council may disregard any information of the kind specified in the notice that is given after the specified period has ended.
Given a notice under subsection (1) within the specified period, the Council must have regard to any information.
Given a notice under subsection (1) within the specified period, the Council may disregard any information of the kind specified in the notice that is given after the specified period has ended.
Minister has the power to specify variations
Council must assess effectiveness of access regime.
44NA(4) Recommendation by Council
Council must recommend extension period to Commonwealth Minister
44NA(5) Recommendation by Council
Council must recommend not extending period for decision under section 44N if it is not an effective access regime.
44NA(6) Recommendation by Council
competition-and-consumer-act-2010.pdf, p.185
Must assess effectiveness of access regime upon receiving recommendation.
44NB Decision by the Commonwealth Minister
competition-and-consumer-act-2010.pdf, p.189
Council must make recommendation within consideration period
44NC Time limit for Council recommendations
competition-and-consumer-act-2010.pdf, p.192
44NE Council may invite public submissions
Council may invite public submissions on certain applications or initiatives.
44NE(1) Council may invite public submissions
Descriptive clause for public submissions
Council must invite public submissions within specified timeframe.
44NE(2) Council may invite public submissions
Must consider submissions before specified day, may disregard late submissions.
44NE(3) Council may invite public submissions
The Council may make any written submission publicly available.
44NE(4) Council may invite public submissions
May make submissions publicly available.
44NE(5) Council may invite public submissions
Council may invite submission with confidentiality
Council must return written or oral submissions if requested
44NE(6) Council may invite public submissions
competition-and-consumer-act-2010.pdf, p.194
44NF Publication—Council
Council must publish a recommendation and its reasons.
44NF(1) Publication—Council
Classification of recommendation and reasons
Council must provide a copy of publication to applicant and provider
44NF(2) Publication—Council
The Council must take action on a specific day.
44NF(3) Publication—Council
on the day the Commonwealth Minister publishes his or her decision or as soon as practicable after that day
If there is consultation, then the Council must take action
The Council must take action on the day the Commonwealth Minister publishes his or her decision
The Council must do the things under subsections (1) and (2)
The Council must take action on the specified day or shortly thereafter
Notice in writing, specifying what the Council is proposing to publish
Notice must be given to persons before publishing under subsection (1)
44NF(4) Publication—Council
The Council may give notice to persons before publishing
The Council must consider submissions when deciding what to publish.
44NF(5) Publication—Council
competition-and-consumer-act-2010.pdf, p.195
44NG Publication—Commonwealth Minister
Publish decision and reasons on recommendation
44NG(1) Publication—Commonwealth Minister
Must provide a copy of the publication to specified parties.
44NG(2) Publication—Commonwealth Minister
(a) the applicant under section 44M or 44NA, or under section 44NBA; (b) the provider of the service; (c) any other person the Minister considers appropriate
44NG(3) Publication—Commonwealth Minister
Must provide notice to persons before publishing
(3) Before publishing under subsection (1), the Commonwealth Minister may give any one or more of the following persons:
May consider other person appropriate for notice
(c) any other person the Minister considers appropriate; a notice in writing:
competition-and-consumer-act-2010.pdf, p.196
44O Review of Ministerial decision on effectiveness of access regime
Application for review of Commonwealth Minister's decision on access regime effectiveness
44O(1) Review of Ministerial decision on effectiveness of access regime
Right to review of Commonwealth Minister's decision under section 44NBC.
44O(1A) Review of Ministerial decision on effectiveness of access regime
Review of Commonwealth Minister's decision under section 44NBC
Temporal relation between recommendation and review
Review of Commonwealth Minister's decision
Application for review must be made within 21 days after publication of the Commonwealth Minister’s decision.
44O(2) Review of Ministerial decision on effectiveness of access regime
An application for review MUST be made within 21 days after publication of the Commonwealth Minister’s decision.
(2) An application for review must be made within 21 days after publication of the Commonwealth Minister’s decision.
An application for review MUST be made before the deadline expires.
Application must be made before the deadline expires.
An application for review MUST be made in writing.
An application for review MUST include required information.
Application must include required information.
An application for review MUST be submitted to the correct authority.
Application must be submitted to the correct authority.
Tribunal must reconsider ministerial decision on effectiveness of access regime based on specified information and reports.
44O(3) Review of Ministerial decision on effectiveness of access regime
The review by the Tribunal is a reconsideration of the matter between the time limits that apply to the Tribunal’s decision on the review (see section 44ZZOA)
Time limits apply to Tribunal's decision
Review by Tribunal is a reconsideration of the matter
The review by the Tribunal is a reconsideration of the matter based on the information, reports and things referred to in section 44ZZOAA
Tribunal must have regard to specified information and reports
Tribunal must make decision within time limits
The Tribunal has the same powers as the Commonwealth Minister for review purposes.
44O(4) Review of Ministerial decision on effectiveness of access regime
44O(5) Review of Ministerial decision on effectiveness of access regime
44O(5A) Review of Ministerial decision on effectiveness of access regime
Tribunal must give a copy of notice to applicant and other parties, and publish the notice.
44O(5B) Review of Ministerial decision on effectiveness of access regime
Tribunal must give a copy of notice to applicant and other parties.
Notice is an instance of a document that can be published by the Tribunal.
The Tribunal may affirm, vary or reverse the Commonwealth Minister's decision.
44O(6) Review of Ministerial decision on effectiveness of access regime
A decision made by the Tribunal is to be taken as a Commonwealth Minister's decision.
44O(7) Review of Ministerial decision on effectiveness of access regime
Decision takes effect during specified period
(7) A decision made by the Tribunal is to be taken to be a decision of the Commonwealth Minister for all purposes of this Part (except this section).
The decision supports the Minister's judgment.
The decision is binding on the Commonwealth Minister.
Decision takes effect for Commonwealth Minister
The decision influences the Minister's behavior.
Decision affects Commonwealth Minister's actions
competition-and-consumer-act-2010.pdf, p.197
Ceasing to be a party to Competition Principles Agreement
44P State or Territory ceasing to be a party to Competition
Prevents State or Territory from participating in Competition Principles Agreement
competition-and-consumer-act-2010.pdf, p.199
44PA Approval of competitive tender process
Approval of competitive tender process for facility ownership
44PA(1) Approval of competitive tender process
Application must specify service and be in accordance with regulations.
44PA(2) Approval of competitive tender process
(2) The application must: (a) specify the service or services proposed to be provided by means of the facility; and (b) be in accordance with the regulations.
Application is a key aspect of the process
The application must be in accordance with the regulations.
Service specification is a key aspect of the application
The application must specify the service or services proposed to be provided by means of the facility.
Temporal interval for Commission's decision
The Commission must approve or refuse to approve a tender process as a competitive tender process.
44PA(3) Approval of competitive tender process
The Commission must approve or refuse to approve a tender process.
The key is part of the section 44PA(3) provision.
Commission must not approve a tender process as competitive unless certain conditions are met.
44PA(4) Approval of competitive tender process
Commission must not approve a tender process as competitive unless it meets the requirements in Chapter 2 during its duration.
Temporal relationship between Commission's approval and tender process
Commission must not approve a tender process as competitive unless it meets the requirements in Chapter 2.
Relationship between Commission's approval and tender process
competition-and-consumer-act-2010.pdf, p.201
44PB Report on conduct of tender process
Commission must ask tenderer to provide report on conduct of tender process after selection.
44PB(1) Report on conduct of tender process
Report must be in accordance with regulations.
44PB(2) Report on conduct of tender process
Commission may ask for further information from applicant
44PB(3) Report on conduct of tender process
Permission to request additional information
Report under subsection (1) is not a legislative instrument.
44PB(4) Report on conduct of tender process
44PC Revocation of approval decision
Prohibits revocation of approval decision
competition-and-consumer-act-2010.pdf, p.203
44PD Time limit for Commission decisions
Commission must make a decision within 90 days
44PD(1) Time limit for Commission decisions
Disregard certain days when calculating the expected period for Commission decisions.
44PD(2) Time limit for Commission decisions
competition-and-consumer-act-2010.pdf, p.205
44PE Commission may invite public submissions
Commission may invite public submissions
44PE(1) Commission may invite public submissions
Has part: Commission may publish a notice inviting public submissions
44PE(2) Commission may invite public submissions
Submissions must be made within 14 days of publication.
Submission process is described as a cognitive action.
Describes submission process as a cognitive action
Submission process is described as a diffusion.
Describes submission process as a diffusion
Submissions are recurring and traceable within a specified timeframe.
Must consider submissions made on or before specified day
44PE(3) Commission may invite public submissions
Commission must have regard to submission
The Commission must make written submissions publicly available.
44PE(4) Commission may invite public submissions
Request for public submissions at Commission invitation
44PE(5) Commission may invite public submissions
competition-and-consumer-act-2010.pdf, p.206
44PF Commission must publish its decisions
44PF(1) Commission must publish its decisions
Commission must provide a copy of the publication to certain persons.
44PF(2) Commission must publish its decisions
Conditional provision based on specific decisions.
(2) The Commission must give a copy of the publication to: (a) for any decision—the applicant under subsection 44PA(1); and (b) for a decision under subsection 44PC(2)—the provider of the service.
May also provide a copy to other persons.
It may also give a copy to any other person the Commission considers appropriate.
Commission must give notice to certain persons before publishing decisions.
44PF(3) Commission must publish its decisions
(d) inviting the person to make a written submission to the Commission within 14 days after the notice is given
(a) for any decision—the applicant under subsection 44PA(1) or any other person the Commission considers appropriate; (c) specifying what the Commission is proposing to publish; and (d) inviting the person to make a written submission to the Commission within 14 days after the notice is given
Commission must consider submissions when deciding what to publish.
44PF(4) Commission must publish its decisions
competition-and-consumer-act-2010.pdf, p.207
44PG Review of Commission’s initial decision
A person may apply in writing to the Tribunal for review of a Commission's decision.
44PG(1) Review of Commission’s initial decision
Expresses a temporal relationship between events.
States a person's knowledge of the situation.
Expresses a condition that must be met for an action to be valid.
Must apply for review within 21 days after Commission publishes decision.
44PG(2) Review of Commission’s initial decision
within 21 days after the Commission publishes its decision.
Tribunal must reconsider initial decision based on specified information and reports.
44PG(3) Review of Commission’s initial decision
Tribunal’s decision on the review is subject to time limits.
Review by Tribunal is a reconsideration of the matter based on specified information and reports, which relates to access to services and involves artificial intelligence.
Review involves artificial intelligence.
Tribunal must reconsider initial decision.
Review by Tribunal is a reconsideration of the matter based on specified information and reports, which relates to access to services.
Review is related to access to services.
Tribunal's decision has a temporal interval.
competition-and-consumer-act-2010.pdf, p.209
44PH Review of decision to revoke an approval
Application for review of decision to revoke an approval
44PH(1) Review of decision to revoke an approval
44PH(2) Review of decision to revoke an approval
Reconsideration of decision to revoke an approval based on specified information and reports.
44PH(3) Review of decision to revoke an approval
Tribunal has same powers as Commission for review purposes.
44PH(4) Review of decision to revoke an approval
Tribunal has the same powers as Commission.
The Commission must provide assistance for the purposes of the review.
44PH(5) Review of decision to revoke an approval
Member may require Commission to provide information and reports.
44PH(5A) Review of decision to revoke an approval
The Tribunal must review a decision to revoke an approval.
44PH(5B) Review of decision to revoke an approval
Register of decisions, declarations and ineligibility decisions
competition-and-consumer-act-2010.pdf, p.211
Maintain a public register of decisions, declarations and ineligibility decisions.
44Q Register of decisions, declarations and ineligibility decisions
Classify decisions, declarations and ineligibility decisions
competition-and-consumer-act-2010.pdf, p.212
Restricts access to services by third parties under certain conditions.
44R Constitutional limits on operation of this Division
Prohibits access to services by third parties under certain conditions.
44S Notification of access disputes
44S(1) Notification of access disputes
44S(2) Notification of access disputes
competition-and-consumer-act-2010.pdf, p.213
44T Withdrawal of notifications
44T(1) Withdrawal of notifications
Third party cannot withdraw provider's notification despite dispute over variation of final determination.
44T(2) Withdrawal of notifications
Withdrawal prohibited during dispute period.
(2) Despite subparagraph (1)(a)(ii), if the provider notified a dispute over variation of a final determination, the third party may not withdraw the provider’s notification.
Prohibits withdrawal of notification despite dispute.
44T(3) Withdrawal of notifications
Obligation to treat notification as never given
(3) If the notification is withdrawn, it is taken for the purposes of this Part never to have been given.
44U Parties to the arbitration
Must make written final determination unless terminating arbitration under specified sections.
44V Determination by Commission
competition-and-consumer-act-2010.pdf, p.215
44W Restrictions on access determinations
The Commission must not make a determination that would have certain effects.
44W(1) Restrictions on access determinations
(f) requiring the provider to bear some or all of the costs of interconnections to the facility or maintaining interconnections to the facility.
(d) resulting in the third party becoming the owner (or one of the owners) of any part of the facility, or of extensions of the facility,
Causal links between prohibited actions.
(c) depriving any person of a protected contractual right;
(1) The Commission must not make a determination that would have any of the following effects:
(e) requiring the provider to bear some or all of the costs of extending the facility (including expanding the capacity of the facility and expanding the geographical reach of the facility);
Exempts arbitration from applying certain paragraphs in access disputes.
44W(2) Restrictions on access determinations
Exempts arbitration from applying certain paragraphs.
(2) Paragraphs (1)(a) and (b) do not apply in relation to the requirements and rights of the third party and the provider when the Commission is making a determination in arbitration of an access dispute relating to an earlier determination of an access dispute between the third party and the provider.
competition-and-consumer-act-2010.pdf, p.217
44X Matters that the Commission must take into account
The Commission must take certain matters into account when making a final determination.
44X(1) Matters that the Commission must take into account
The Commission must take certain matters into account.
Commission may consider additional relevant matters.
44X(2) Matters that the Commission must take into account
Authority to consider additional matters
Matters that the Commission must take into account
44X(3) Matters that the Commission must take into account
Commission's obligation to consider matters
(3) The Commission may take the following matters into account...
Duty to consider matter in making interim determination
44X(4) Matters that the Commission must take into account
The Commission MUST consider the matter.
(4) In making an interim determination, the Commission does not have a duty to consider whether to take into account a matter referred to in subsection (1).
The Commission MUST NOT consider the matter.
Must not consider matter in making interim determination
If the Commission has a duty to consider the matter, then the Commission MUST consider the matter.
Duty to consider matter implies consideration of matter
If the Commission does NOT consider the matter, then the Commission MUST NOT consider the matter.
Not considering matter implies duty not to consider matter
competition-and-consumer-act-2010.pdf, p.218
44XA Time limit for Commission’s final determination
Commission must make a final determination within 180 days
44XA(1) Time limit for Commission’s final determination
Disregard certain days when working out the expected period for a final determination.
44XA(2) Time limit for Commission’s final determination
Do not disregard any day more than once.
44XA(3) Time limit for Commission’s final determination
Agreement on time limit for Commission's final determination
44XA(4) Time limit for Commission’s final determination
Commission must publish agreement by a certain time.
44XA(5) Time limit for Commission’s final determination
Classification of Commission's final determination
Commission's final determination if report not published on time
44XA(6) Time limit for Commission’s final determination
competition-and-consumer-act-2010.pdf, p.219
Commission may terminate arbitration under certain conditions.
44Y Commission may terminate arbitration in certain cases
competition-and-consumer-act-2010.pdf, p.220
Must terminate arbitration if declaration varied
44YA Commission must terminate arbitration if declaration varied
44Z Constitution of Commission for conduct of arbitration
44ZA Member of the Commission presiding at an arbitration
Chairperson must preside at an arbitration.
44ZA(1) Member of the Commission presiding at an arbitration
Chairperson must nominate a member of the Commission to preside at an arbitration.
44ZA(2) Member of the Commission presiding at an arbitration
Chairperson must nominate a member of the Commission.
competition-and-consumer-act-2010.pdf, p.221
44ZB Reconstitution of Commission
Member must be available for arbitration
44ZB(1) Reconstitution of Commission
The member's unavailability affects their ability to participate in the arbitration.
Member must be available for arbitration within a certain time frame
(b) for any reason, is not available for the purpose of the arbitration.
The member must be available for the purpose of the arbitration.
(1) This section applies if a member of the Commission...
Member must be one of the members who constitute the Commission
The member's absence affects their ability to participate in the arbitration.
Member must be a member of the Commission
(a) stops being a member of the Commission;
Chairperson must direct Commission reconstitution.
44ZB(2) Reconstitution of Commission
Commission must continue and finish arbitration upon direction.
44ZB(3) Reconstitution of Commission
(3) If a direction under subsection (2) is given...
The Commission must decide questions according to the opinion of the majority of its members.
44ZC Determination of questions
44ZD Hearing to be in private
Must provide private arbitration hearing
(1) Subject to subsection (2), an arbitration hearing for an access dispute is to be in private.
competition-and-consumer-act-2010.pdf, p.222
Party may appear in person or be represented by someone else.
44ZE Right to representation
44ZF Procedure of Commission
Commission must act speedily in arbitration hearing about access dispute.
44ZF(1) Procedure of Commission
The Commission MUST act speedily within a reasonable timeframe.
Commission must act speedily within a reasonable timeframe.
There is no specific time limit for the Commission's action.
If the Commission acts speedily, then it implies a fair settlement of the dispute.
Commission's speediness implies fairness in settlement of dispute.
The Commission's action is related to the settlement of the dispute.
The Commission's speediness IS A part of its ability to inform itself.
Commission's speediness relates to its ability to inform itself.
The Commission has the ability to inform itself.
The Commission has a duty to act speedily.
The Commission's speediness IS A part of the investigation and inquiry process.
Commission's speediness affects the investigation and inquiry process.
The Commission's action is related to the investigation and inquiry process.
Determine periods for fair presentation of cases in access disputes
44ZF(2) Procedure of Commission
The Commission may require evidence or argument to be presented in writing.
44ZF(3) Procedure of Commission
The Commission may require evidence or argument.
competition-and-consumer-act-2010.pdf, p.223
44ZG Particular powers of Commission
The Commission may perform certain actions during an arbitration hearing.
44ZG(1) Particular powers of Commission
The actions occur during an arbitration hearing.
Prohibition on contempt of court in arbitration of access disputes
44ZG(2) Particular powers of Commission
Provision subject to other regulations and regulations.
44ZG(3) Particular powers of Commission
Commission may give permission to a person to divulge information.
44ZG(4) Particular powers of Commission
Offence for contravening an order under subsection (4)
44ZG(5) Particular powers of Commission
Defines the temporal interval for the offence
(5) A person who contravenes an order under subsection (4) is guilty of an offence, punishable on conviction by imprisonment for a term not exceeding 6 months.
...guilty of an offence, punishable on conviction by imprisonment for a term not exceeding 6 months.
Classifies the contravening of an order under subsection (4) as an offence using CogAI
...punishable on conviction by imprisonment for a term not exceeding 6 months.
Prohibits contravening an order under subsection (4)
(5) A person who contravenes an order under subsection (4) is guilty of an offence...
Defines the recurring trace for the offence
Commission may take evidence on oath or affirmation.
44ZH Power to take evidence on oath or affirmation
Commission has obligation to take evidence on oath or affirmation.
competition-and-consumer-act-2010.pdf, p.224
Failing to attend as a witness without reasonable excuse is prohibited.
44ZI Failing to attend as a witness
A temporal interval is specified for attending.
Temporal interval for attending as a witness
The provision specifies a temporal interval for attending.
Failing to attend without excuse is prohibited.
Prohibition of failing to attend as a witness
A person who is served with a summons must attend.
Imprisonment is prescribed for failing to attend.
Imprisonment for failure to attend as a witness
The provision prescribes imprisonment for failing to attend.
Attending as a witness implies compliance with the provision.
44ZJ Failing to answer questions etc.
Refusal to answer questions or produce documents without reasonable excuse is prohibited.
44ZJ(1) Failing to answer questions etc.
Prohibition of refusing to answer questions or produce documents.
(1) A person appearing as a witness before the Commission must not...
Refusal or failure to answer questions under certain circumstances is a reasonable excuse.
44ZJ(2) Failing to answer questions etc.
Obligation to answer questions under certain circumstances.
Subsection (1) does not limit what is a reasonable excuse for the purposes of subsection (1).
competition-and-consumer-act-2010.pdf, p.225
Threatening or coercing someone due to producing documents before the Commission is prohibited.
44ZK Intimidation etc.
This provision applies to actions of producing documents before the Commission
Prohibition applies when producing documents before the Commission
Producing documents before the Commission is a relevant action
This provision is violated when threatening or coercing
Threatening or coercing implies a violation of this provision
Threatening or coercing is generally considered wrong
There is no cognitive AI logic for this provision
No cognitive AI logic applies to this provision
This provision does not require human-like reasoning
This provision prohibits threatening or coercing
Prohibits threatening or coercing someone
There is no diffusion logic for this provision
No diffusion logic applies to this provision
This provision does not affect the behavior of others
44ZL Party may request Commission to treat material as
Request for Commission not to disclose confidential information
44ZL(1) Party may request Commission to treat material as
(1) A party to an arbitration hearing may:
(b) request the Commission not to give a copy of that part to another party.
Commission must inform and ask for objection on request
44ZL(2) Party may request Commission to treat material as
Party must inform Commission of objection and reasons.
44ZL(3) Party may request Commission to treat material as
Must inform Commission of objection and reasons.
Commission must consider a request and any objection before treating material as such.
44ZL(4) Party may request Commission to treat material as
REQUEST MUST BE CONSIDERED BEFORE TREATING MATERIAL AS SUCH.
(4) After considering: (a) a request; and (b) any objection;
REQUEST IS AN OBJECT THAT MUST BE CONSIDERED.
Must consider a request and any objection.
competition-and-consumer-act-2010.pdf, p.226
Sections 18 and 19 do not apply to the Commission in an arbitration.
44ZM Sections 18 and 19 do not apply to the Commission in an
Sections 18 and 19 do not apply to the Commission.
44ZN Parties to pay costs of an arbitration
Commission may hold joint arbitration hearing for common disputes
44ZN(1) Parties to pay costs of an arbitration
Chairperson may do so only if he or she considers this would likely result in the nominated disputes being resolved in a more efficient and timely manner.
44ZN(2) Parties to pay costs of an arbitration
Chairperson must give notice to parties before doing something
44ZN(3) Parties to pay costs of an arbitration
Must consider submissions when deciding whether to do so.
44ZN(4) Parties to pay costs of an arbitration
Submissions considered during decision-making.
Temporal relation between submissions and decisions
Chairperson must have regard to submissions so made in deciding whether to do so.
Submissions considered relevant to decision-making.
Reasoning for consideration of submissions
Chairperson must have regard to any submission so made in deciding whether to do so.
Submissions inferred relevant to decision-making.
Chairperson must have regard to submissions.
Other matters considered relevant to decision-making.
Spread of consideration to other matters
Chairperson may have regard to any other matter he or she considers relevant.
Chairperson may give written directions to Commission member
44ZN(5) Parties to pay costs of an arbitration
44ZN(6) Parties to pay costs of an arbitration
Joint arbitration hearing occurs after nomination
Temporal interval between nomination and joint arbitration hearing
Nomination must occur before joint arbitration hearing
Requires the Chairperson to nominate members
Commission may consider records of arbitration proceedings
44ZN(7) Parties to pay costs of an arbitration
Commission must have regard to joint arbitration hearing records
44ZN(8) Parties to pay costs of an arbitration
competition-and-consumer-act-2010.pdf, p.230
44ZO Operation of final determinations
Interim determination takes effect on specified day. Determination has effect after 21 days if no review is applied.
44ZO(1) Operation of final determinations
Determination is of no effect until review by Tribunal. Continuation of interim determination until earliest of two events
44ZO(2) Operation of final determinations
The review process overlaps with the original determination.
If a party applies for review, the determination is of no effect.
Provisions of a final determination may be expressed to apply from an earlier date.
44ZO(3) Operation of final determinations
44ZO(4) Operation of final determinations
(4) The specified day must not be earlier than the following day:
Final determination prevails over interim determination to the extent set out in the final determination.
44ZO(5) Operation of final determinations
The provision applies during the time period specified by the final determination.
Provision applies during the time period specified by the final determination.
(5) If a provision of a final determination is expressed to apply from a day when an interim determination was in effect, the provision of the final determination prevails over the interim determination to the extent set out in the final determination.
The provision is executed during the time period specified by the final determination.
Provision is executed during the time period specified by the final determination.
The final determination prevails over the interim determination.
Obligation to prioritize final determination over interim determination.
The provision spreads or propagates during the time period specified by the final determination.
Provision spreads or propagates during the time period specified by the final determination.
The provision is true during the time period specified by the final determination.
Provision is true during the time period specified by the final determination.
First party must pay interest to other party.
44ZO(6) Operation of final determinations
Commission must consider guidelines and other relevant matters when exercising power.
44ZO(7) Operation of final determinations
Commission must determine guidelines by legislative instrument.
44ZO(8) Operation of final determinations
Commission must make guidelines within 6 months after subsection commencement.
44ZO(9) Operation of final determinations
competition-and-consumer-act-2010.pdf, p.232
44ZP Review by Tribunal
Party may apply for review of final determination.
44ZP(1) Review by Tribunal
Application must be made within 21 days after Commission's final determination.
44ZP(2) Review by Tribunal
Application must be made within a specified timeframe.
(2) The application must be made within 21 days after the Commission made the final determination.
A review by the Tribunal is a re-arbitration of the access dispute.
44ZP(3) Review by Tribunal
Must provide a re-arbitration of the access dispute.
The Tribunal has the same powers as the Commission for review purposes.
44ZP(4) Review by Tribunal
44ZP(5) Review by Tribunal
Commission must provide information and reports upon request from Member.
44ZP(5A) Review by Tribunal
Member requires Commission to provide information and reports.
The Tribunal must give a copy of the notice to certain parties and publish it.
44ZP(5B) Review by Tribunal
The Tribunal must give a copy of the notice.
The notice is a subclass of documents that must be given to certain parties.
The Tribunal may affirm or vary the Commission's determination.
44ZP(6) Review by Tribunal
Tribunal's determination is binding on the Commission for all purposes of this Part (except this section).
44ZP(7) Review by Tribunal
Decision takes effect immediately upon making.
44ZP(8) Review by Tribunal
The decision takes effect immediately upon making.
(8) The decision of the Tribunal takes effect from when it is made.
competition-and-consumer-act-2010.pdf, p.233
Sections 37-43 and 103-110 do not apply to Tribunal reviews.
44ZQ Provisions that do not apply in relation to a Tribunal review
44ZR Appeals to Federal Court from determinations of the
Party may appeal to Federal Court on a question of law from Tribunal decision under section 44ZP.
44ZR(1) Appeals to Federal Court from determinations of the
Appeal must be instituted within a specified time frame.
44ZR(2) Appeals to Federal Court from determinations of the
Must provide appeal within the specified time frame.
44ZR(3) Appeals to Federal Court from determinations of the
Temporal interval for hearing and determining appeal
Orders that may be made by the Federal Court on appeal
44ZR(4) Appeals to Federal Court from determinations of the
Appeal occurs during Chapter 2 Access to services
(4) The orders that may be made by the Federal Court on appeal...
competition-and-consumer-act-2010.pdf, p.234
44ZS Operation and implementation of a determination that is
44ZS(1) Operation and implementation of a determination that is
(1) Subject to this section, the fact that an appeal is instituted in the Federal Court from a decision of the Tribunal does not affect the operation of the decision or prevent action being taken to implement the decision.
Orders may be made to stay or affect the operation of a Tribunal's decision during an appeal.
44ZS(2) Operation and implementation of a determination that is
44ZS(3) Operation and implementation of a determination that is
Order subject to conditions and has effect until appeal decision or specified period end.
44ZS(4) Operation and implementation of a determination that is
Prohibits actions subject to conditions.
Transmission of documents in Federal Court proceedings
44ZT Transmission of documents
competition-and-consumer-act-2010.pdf, p.235
44ZU Variation of final determinations
Commission may vary or revoke interim determinations by writing. Commission may vary final determination on application of any party.
44ZU(1) Variation of final determinations
Commission has the power to vary or revoke interim determinations.
Commission must revoke interim determination upon request from parties. Notify access dispute when applying for variation of final determination.
44ZU(2) Variation of final determinations
Access dispute notified within temporal interval of application.
Notification made when application was made.
Variation under section applies as if access dispute notified.
Access dispute notified when application made.
competition-and-consumer-act-2010.pdf, p.236
Contract exemption based on declaration of service and conditions
44ZV Constitutional limits on operation of this Division
44ZW Registration of contract
(i) the names of the parties to the contract; (ii) the service to which the contract relates; (iii) the date on which the contract was made;
44ZW(1) Registration of contract
Temporal interval for contract registration.
Artificial intelligence in contract registration.
(1) On application by all the parties to a contract, the Commission MUST:
Diffusion of information for contract registration.
Consider public interest and rights of persons using the service when deciding to register a contract.
44ZW(2) Registration of contract
...take into account the public interest, including the public interest in having competition in markets...
Temporal relationship between decision-making and consideration of public interest.
In deciding whether to register a contract, the Commission must...
...the public interest, including the public interest in having competition in markets...
Mandatory consideration of public interest and rights.
The Commission must take into account...
Cannot register contracts related to access matters dealt with in an existing access undertaking.
44ZW(2A) Registration of contract
Registration of contracts is not allowed.
The Commission must publish a decision not to register a contract.
44ZW(3) Registration of contract
Commission must provide reasons for decision not to register a contract.
44ZW(4) Registration of contract
competition-and-consumer-act-2010.pdf, p.237
44ZX Review of decision not to register contract
Party may apply for review of decision not to register contract
44ZX(1) Review of decision not to register contract
Application for review must be made within 21 days after publication of the Commission’s decision.
44ZX(2) Review of decision not to register contract
Tribunal must re-consider decision not to register contract based on specified information and reports.
44ZX(3) Review of decision not to register contract
44ZX(4) Review of decision not to register contract
The Commission must provide assistance for the purposes of review.
44ZX(5) Review of decision not to register contract
Member can request Commission to provide information and reports.
44ZX(5A) Review of decision not to register contract
Expresses necessity or obligation to provide information.
Specifies time frame for Commission's action.
Must provide a copy of notice to the applicant
44ZX(5B) Review of decision not to register contract
competition-and-consumer-act-2010.pdf, p.238
Parties to a registered contract can enforce it under Division 7 as if it were a determination of the Commission.
44ZY Effect of registration of contract
Under Division 7 as if it were a determination of the Commission.
Parties to a registered contract can enforce it.
Prohibition on other means of enforcement
Parties to a registered contract cannot enforce it by any other means.
competition-and-consumer-act-2010.pdf, p.239
44ZZ Prohibition on hindering access to declared services
Preventing or hindering access to declared services is prohibited.
44ZZ(1) Prohibition on hindering access to declared services
Prohibition on hindering access to declared services
44ZZ(2) Prohibition on hindering access to declared services
44ZZ(3) Prohibition on hindering access to declared services
Requires overlap between access to services and hindering action
(3) In this section, a user of a service includes a person who has a right to use the service.
Validates classification of users of services
competition-and-consumer-act-2010.pdf, p.307
45 Contracts, arrangements or understandings that restrict dealings
Restrict dealings that would substantially lessen competition.
45(1) Contracts, arrangements or understandings that restrict dealings
Prohibits actions that would substantially lessen competition.
Paragraph (1)(b) applies to contracts or arrangements made before or after the commencement of this section.
45(2) Contracts, arrangements or understandings that restrict dealings
Paragraph (1)(b) applies in relation to...
Applicable to contracts or arrangements made before or after the commencement of this section.
45(3) Contracts, arrangements or understandings that restrict dealings
Classifies as restrictive trade practice
competition-and-consumer-act-2010.pdf, p.283
Corporation cannot make or give effect to a contract with cartel provision.
45AA Simplified outline
Prohibition of making or giving effect to a contract with cartel provision.
45AB Definitions
benefit includes any advantage and is not limited to property.
competition-and-consumer-act-2010.pdf, p.284
Each related body corporate is taken to be a party to the contract, arrangement or understanding.
45AC Extended meaning of party
45AD Cartel provisions
A provision of a contract, arrangement or understanding is a cartel provision if certain conditions are met.
45AD(1) Cartel provisions
Implies that a provision is a cartel provision if certain conditions are met
Provision has purpose/effect of fixing, controlling or maintaining prices or discounts.
45AD(2) Cartel provisions
...of directly or indirectly: (f) goods or services likely to be re-supplied by persons or classes of persons to whom those goods or services are likely to be supplied by any or all of the parties to the contract, arrangement or understanding.
Provision affects prices during the contract term.
(2) The purpose/effect condition is satisfied if the provision has the purpose, or has or is likely to have the effect, of directly or indirectly: (a) fixing, controlling or maintaining...
Provision implies fixing, controlling or maintaining prices.
...of directly or indirectly: (a) fixing, controlling or maintaining...
Provision has purpose of fixing, controlling or maintaining prices.
(2) The provision has the purpose/effect condition...
Preventing, restricting or limiting restrictive trade practices
45AD(3) Cartel provisions
Overlapping intervals of trade practices and restrictive practices
(3) The purpose condition is satisfied if the provision has the purpose of directly or indirectly: preventing, restricting or limiting:
Analyzing trade practices for restrictive characteristics
Prohibition of restrictive trade practices
Influence of trade practices on restrictive practices
Containment of trade practices within restrictive practices
competition-and-consumer-act-2010.pdf, p.291
Disregard this Division in determining expression meanings.
45AE Meaning of expressions in other provisions of this Act
45AF Making a contract etc. containing a cartel provision
Making a contract or arrangement with a cartel provision is an offence.
45AF(1) Making a contract etc. containing a cartel provision
...the contract, arrangement or understanding contains a cartel provision.
Prohibits making contracts or arrangements with cartel provisions.
(1) A corporation commits an offence if...
Implies that making contracts or arrangements with cartel provisions is an offence.
Knowledge or belief is required for the fault element.
45AF(2) Making a contract etc. containing a cartel provision
Offence punishable by fine not exceeding $100,000,000 or 3 times the total value of benefits obtained
45AF(3) Making a contract etc. containing a cartel provision
Imposes a prohibition on committing the offence
competition-and-consumer-act-2010.pdf, p.292
45AG Giving effect to a cartel provision
Giving effect to a cartel provision is an offence.
45AG(1) Giving effect to a cartel provision
...the corporation gives effect to the cartel provision.
Prohibits giving effect to a cartel provision.
Imposes an obligation on corporations to not give effect to cartel provisions.
Implicates that giving effect to a cartel provision leads to an offence.
Knowledge or belief is required for a penalty to be imposed.
45AG(2) Giving effect to a cartel provision
Offence against subsection (1) is punishable by a fine not exceeding the greater of the following.
45AG(3) Giving effect to a cartel provision
Imposes a prohibition on committing an offence.
Indictable offence for contracts or arrangements made before, at or after commencement
45AG(4) Giving effect to a cartel provision
An offence against subsection (1) is an indictable offence.
45AG(5) Giving effect to a cartel provision
competition-and-consumer-act-2010.pdf, p.293
45AH Determining guilt
A corporation can be held guilty of an offence against section 45AF or 45AG even if other parties are not criminally responsible.
45AH(1) Determining guilt
Corporation cannot be found guilty of an offence against section 45AF or 45AG if all other parties have been acquitted.
45AH(2) Determining guilt
The finding of guilt overlaps with the acquittal of other parties.
A finding of guilt would be inconsistent with their acquittal.
The corporation cannot be found guilty of an offence against section 45AF or 45AG.
If all other parties are acquitted, then the corporation cannot be found guilty.
All other parties to the contract have been acquitted.
The corporation is not found guilty of an offence against section 45AF or 45AG.
If all other parties are acquitted, then the corporation is not found guilty.
If a finding of guilt would be inconsistent with the acquittal, then the corporation cannot be found guilty.
The finding of guilt repeats in time with the acquittal of other parties.
All other parties to the contract, arrangement or understanding have been acquitted of such an offence.
Court may grant injunctions against a person in relation to the conduct that constitutes or is alleged to constitute an offence.
45AI Court may make related civil orders
Granting injunctions is a permissible action.
competition-and-consumer-act-2010.pdf, p.294
Making a contract or arrangement with a cartel provision is prohibited.
45AJ Making a contract etc. containing a cartel provision
Prohibits making a contract or arrangement with a cartel provision.
45AK Giving effect to a cartel provision
Giving effect to a cartel provision is prohibited.
45AK(1) Giving effect to a cartel provision
Paragraph (1)(a) applies to contracts or arrangements made, or understandings arrived at, before, at or after the commencement of this section.
45AK(2) Giving effect to a cartel provision
competition-and-consumer-act-2010.pdf, p.295
45AL Conduct notified
Exempts corporations from cartel provisions under certain conditions.
45AL(1) Conduct notified
Prohibits the application of cartel provisions to corporations under specified conditions.
Evidential burden for relying on subsection (1) in relation to a contravention of section 45AJ or 45AK
45AL(2) Conduct notified
Imposes an obligation on a person to bear the evidential burden
Requires a person to provide evidence in relation to a contravention of section 45AJ or 45AK
Grant of authorisation required for cartel provision
45AM Cartel provision subject to grant of authorisation
competition-and-consumer-act-2010.pdf, p.296
45AN Contracts, arrangements or understandings between related
Defendant bears evidential burden in relation to matter in subsection (1)
45AN(1) Contracts, arrangements or understandings between related
45AN(2) Contracts, arrangements or understandings between related
Defendant bears legal burden in relation to matter in section.
45AO Joint ventures—prosecution
competition-and-consumer-act-2010.pdf, p.297
No application of sections 45AJ and 45AK in relation to a cartel provision for joint ventures.
45AP Joint ventures—civil penalty proceedings
competition-and-consumer-act-2010.pdf, p.298
45AQ Resale price maintenance
Exempts cartel provisions from sections 45AF, 45AG, 45AJ, and 45AK.
45AQ(1) Resale price maintenance
Prohibits cartel provisions from sections 45AF, 45AG, 45AJ, and 45AK.
45AQ(2) Resale price maintenance
competition-and-consumer-act-2010.pdf, p.299
45AR Exclusive dealing
Defendant bears evidential burden in relation to cartel provision
45AR(1) Exclusive dealing
45AR(2) Exclusive dealing
(2) Sections 45AG and 45AK do not apply in relation to the giving effect to a cartel provision by way of:
Describes implication between premises and conclusion
competition-and-consumer-act-2010.pdf, p.300
45AS Dual listed company arrangement
Exempts dual listed company arrangements from cartel provisions.
45AS(1) Dual listed company arrangement
...in so far as: (a) the contract, arrangement or understanding is a dual listed company arrangement; and (b) the making of the contract, arrangement or understanding would, or would apart from section 88, contravene section 49.
Prohibits making a contract with a cartel provision.
(1) Sections 45AF and 45AJ do not apply in relation to the making of a contract, arrangement or understanding that contains a cartel provision...
Exempts cartel provisions from sections 45AG and 45AK under certain conditions.
45AS(2) Dual listed company arrangement
Cartel provision is a provision of a dual listed company arrangement.
Evidential burden for relying on subsections in relation to contravention of section 45AJ or 45AK
45AS(3) Dual listed company arrangement
competition-and-consumer-act-2010.pdf, p.301
45AT Acquisition of shares or assets
Prohibits application of certain sections in relation to cartel provisions
45AT(1) Acquisition of shares or assets
There is an overlap between the two sections
Section 45AF applies before section 45AG
Sections 45AF, 45AG, 45AJ and 45AK do not apply
Prohibits the application of certain sections
Cartel provision provides directly or indirectly for the acquisition of shares or assets
45AT(2) Acquisition of shares or assets
Imposes an obligation on a person to provide evidence
Requires a person to bear the evidential burden of relying on subsection (1)
45AT(3) Acquisition of shares or assets
Cartel provision provides for an acquisition
Prohibits application of sections in relation to cartel provisions
Evidential burden for relying on subsection (3) in relation to a contravention of section 45AJ or 45AK
45AT(4) Acquisition of shares or assets
Shifts the burden of proof from the state to the individual
45AU Collective acquisition of goods or services by the parties to a
competition-and-consumer-act-2010.pdf, p.303
45AV Purportedly putting acquisitions into effect
Clarifies the meaning of 'putting an acquisition into effect'
45AV(1) Purportedly putting acquisitions into effect
Engaging in conduct that would constitute putting an acquisition into effect if not for this Division constitutes a purported putting into effect.
45AV(2) Purportedly putting acquisitions into effect
Engaging in conduct constitutes an obligation.
Failure to notify acquisitions is prohibited.
45AW Commission must be notified of acquisitions
Prohibition of failure to notify acquisitions.
competition-and-consumer-act-2010.pdf, p.304
45AX Commission must be notified of material changes of fact in
Commission must be notified of material changes of fact in respect of a notification.
45AX(1) Commission must be notified of material changes of fact in
(i) occurring on or after the effective notification date of the notification; and (ii) at which the Commission has not decided to cease considering the notification under section 51ABZD;
(a) a person is the notifying party of a notification of an acquisition; and (b) a change of fact occurs; and (c) the change of fact is material to the Commission making a determination under subsection 51ABZE(1) in respect of the notification;
The person must notify the Commission within a timeframe.
Must notify the Commission within a timeframe
(iii) at which the Commission has not made a determination in respect of the notification under subsection 51ABZE(1); and (iv) if the notification is subject to phase 2 review—occurring at least 15 business days (within the meaning of section 51ABK) before the end of the phase 2 determination period for the notification.
Notify Commission of material changes of fact
45AX(2) Commission must be notified of material changes of fact in
Commission must be notified of material changes of fact in relation to a public benefit application.
45AX(3) Commission must be notified of material changes of fact in
Must notify the Commission of material changes of fact.
45AX(4) Commission must be notified of material changes of fact in
45AX(5) Commission must be notified of material changes of fact in
A person who ought reasonably be aware of something is taken to be aware of it.
45AX(6) Commission must be notified of material changes of fact in
Describes the temporal relationship between awareness and knowledge.
Establishes an inference from the definition of awareness.
States that a person is taken to be aware of something.
competition-and-consumer-act-2010.pdf, p.305
Acquisitions stayed must not be put into effect
45AY Stayed acquisitions must not be put into effect
Prohibits putting acquisitions into effect when stayed
competition-and-consumer-act-2010.pdf, p.306
45AZ Conditions must be complied with
Compliance with section 45AY is required. Must comply with conditions when putting an acquisition into effect.
45AZ(1) Conditions must be complied with
Providing false or misleading information is prohibited. Failure to comply with conditions is a contravention.
45AZ(2) Conditions must be complied with
Prohibition of providing false or misleading information.
competition-and-consumer-act-2010.pdf, p.311
45D Secondary boycotts for the purpose of causing substantial loss
Secondary boycotts for the purpose of causing substantial loss
45D(1) Secondary boycotts for the purpose of causing substantial loss
(1) In the circumstances specified in subsection (3) or (4), a person must not...
A person is taken to engage in conduct for a purpose mentioned in subsection (1) if the person engages in the conduct for purposes that include that purpose.
45D(2) Secondary boycotts for the purpose of causing substantial loss
The conduct occurs after the time of the purpose mentioned in subsection (1).
The person is taken to engage in conduct for a purpose mentioned in subsection (1).
The person is taken to engage in conduct for purposes that include the purpose mentioned in subsection (1).
Inference to obligation through diffusion
competition-and-consumer-act-2010.pdf, p.312
45DA Secondary boycotts for the purpose of causing substantial
Secondary boycotts for the purpose of causing substantial lessening of competition in any market in which a fourth person supplies or acquires goods or services.
45DA(1) Secondary boycotts for the purpose of causing substantial
...engage in conduct that hinders or prevents...
Defines a temporal interval during which conduct must not hinder or prevent a third person supplying goods or services.
(1) In the circumstances specified in subsection (3), a person must not...
Implies that engaging in conduct that hinders or prevents a third person supplying goods or services is wrong.
Prohibits conduct that hinders or prevents a third person supplying goods or services to a fourth person.
Imposes an obligation on a person not to engage in conduct that hinders or prevents a third person supplying goods or services.
...conduct that is engaged in for the purpose, and would have or be likely to have the effect...
Requires a recurring trace of conduct that hinders or prevents a third person supplying goods or services.
(b) that is engaged in for the purpose, and would have or be likely to have the effect...
45DA(2) Secondary boycotts for the purpose of causing substantial
Secondary boycotts for the purpose of causing substantial loss or damage to a corporation's business.
45DA(3) Secondary boycotts for the purpose of causing substantial
...causing substantial loss or damage to the business of one of those persons who is a corporation.
Defines temporal interval for secondary boycotts.
Represents knowledge about secondary boycotts in a formal way.
Prohibits secondary boycotts for causing substantial loss or damage.
Defines recurring trace for secondary boycotts.
Validates secondary boycotts against a set of rules.
competition-and-consumer-act-2010.pdf, p.313
45DB Boycotts affecting trade or commerce
Prohibits engaging in conduct to prevent or hinder another person from engaging in trade or commerce.
45DB(1) Boycotts affecting trade or commerce
Prohibits conduct within a specific time frame
Engaging in conduct for purposes that include a specified purpose is considered engaging in conduct for that purpose.
45DB(2) Boycotts affecting trade or commerce
Organisation is taken for purposes of sections 45D, 45DA and 45DB if participants engage in conduct in concert.
45DC Involvement and liability of employee organisations
Organisation is taken for purposes of sections 45D, 45DA and 45DB.
Conduct in concert with participants overlaps with conduct of the organisation.
Participants engage in conduct in concert.
Engagement in conduct in concert implies organisation's involvement.
Organisation is obligated to engage in conduct in concert with participants.
Conduct in concert with participants repeats over time.
competition-and-consumer-act-2010.pdf, p.315
Boycotts permitted if dominant purpose is related to employment matters
45DD Situations in which boycotts permitted
Establishes a condition for permissible boycotts
competition-and-consumer-act-2010.pdf, p.319
45E Prohibition of contracts, arrangements or understandings
Prohibition of contracts, arrangements or understandings in supply situations
45E(1) Prohibition of contracts, arrangements or understandings
Prohibition on making contracts or arrangements with employees' organisations
45E(2) Prohibition of contracts, arrangements or understandings
...Chapter 3 Restrictive trade practices
(2) In a supply situation, the first person must not...
competition-and-consumer-act-2010.pdf, p.322
Prohibition on giving effect to provisions contravening section 45E
45EA Provisions contravening section 45E not to be given effect
Section 45EA prohibits giving effect to provisions contravening section 45E
Section 45EA imposes a duty on individuals and entities not to give effect to provisions contravening section 45E
Section 45EA forbids individuals and entities from giving effect to provisions contravening section 45E
Section 45EA requires a prohibition on giving effect to provisions contravening section 45E
Section 45EA enforces a prohibition on giving effect to provisions contravening section 45E
competition-and-consumer-act-2010.pdf, p.323
45EB Sections 45D to 45EA do not affect operation of other
Must not engage in conduct that has the purpose or effect of substantially lessening competition.
46 Misuse of market power
...must not engage in conduct for the duration of the prohibition.
Relates to temporal interval of prohibition.
(1) A corporation that has a substantial degree of power in a market must not...
...must not engage in conduct that is represented as prohibited.
Relates to knowledge representation of prohibited conduct.
...must not engage in conduct that has the purpose or effect of substantially lessening competition.
...must not engage in conduct that diffuses prohibited information.
Relates to diffusion of prohibited information.
...must not engage in conduct with a recurring pattern.
Relates to recurring traces of prohibited conduct.
competition-and-consumer-act-2010.pdf, p.325
Prohibition on misuse of market power by corporations with substantial degree
46A Misuse of market power—corporation with substantial degree
The duration of market power must be clearly defined
Market power is only applicable within the trans-Tasman market
The use of market power must be carefully considered
Implies a causal relationship between market power and conduct
Market power can lead to conduct that harms others
The use of AI must be considered when evaluating market power
Recognizes the importance of artificial intelligence in understanding market power
Artificial intelligence can help analyze market power data
Corporations with substantial degree must not engage in such conduct
Market power must not be used for personal gain
The definition of market power must be clearly understood
Classifies market power as a key concept
Market power is a critical aspect of the trans-Tasman market
The definition of market power must be widely understood
Spreads the concept of market power throughout the trans-Tasman market
Market power is a key concept that affects multiple stakeholders
competition-and-consumer-act-2010.pdf, p.328
46B No immunity from jurisdiction in relation to certain New
No immunity from jurisdiction in relation to certain New Zealand matters
46B(1) No immunity from jurisdiction in relation to certain New
No immunity from jurisdiction in relation to certain New Zealand activities.
46B(2) No immunity from jurisdiction in relation to certain New
This provision applies within the defined temporal interval.
Defines a temporal interval for the application of this provision.
(2) This section applies in and outside Australia.
Jurisdiction is established if this provision is complied with.
Establishes a causal relationship between this provision and jurisdiction.
This provision implies a duty on the State to comply with jurisdictional requirements.
Extracts relevant information from this provision.
The State must comply with this provision.
This provision applies to all jurisdictions within the defined scope.
Defines the scope of applicability for this provision.
47 Exclusive dealing
Corporation cannot engage in exclusive dealing.
47(1) Exclusive dealing
Restrictive trade practices: Exclusive dealing
47(2) Exclusive dealing
Refusal to supply goods or services under certain conditions.
47(3) Exclusive dealing
...the person or, if the person is a body corporate, a body corporate related to that body corporate:
Temporal interval for refusal to supply goods or services.
(3) A corporation also engages in the practice of exclusive dealing if...
Implication of refusal to supply goods or services.
Recognition of refusal to supply goods or services.
Diffusion of refusal to supply goods or services.
competition-and-consumer-act-2010.pdf, p.334
48 Resale price maintenance
48(1) Resale price maintenance
Exempts corporations from resale price maintenance if they notify the Commission.
48(2) Resale price maintenance
Allows corporations to engage in resale price maintenance without restriction.
competition-and-consumer-act-2010.pdf, p.335
49 Dual listed company arrangements that affect competition
No dual listed company arrangement that would substantially lessen competition.
49(1) Dual listed company arrangements that affect competition
...make a dual listed company arrangement if...
Restriction of temporal scope for dual listed company arrangements.
Prohibition of dual listed company arrangements that affect competition.
Corporation may give effect to provision under certain conditions.
49(2) Dual listed company arrangements that affect competition
The corporation may give effect to the provision.
Permission to give effect to provision under certain conditions.
The arrangement is subject to a condition...
Restrictive trade practices prohibited in certain markets
49(3) Dual listed company arrangements that affect competition
Classifies as a restriction on competition
competition-and-consumer-act-2010.pdf, p.57
4A Subsidiary, holding and related bodies corporate
A body corporate is deemed to be a subsidiary of another if it meets certain conditions.
4A(1) Subsidiary, holding and related bodies corporate
Control of a corporate board of directors' composition
4A(2) Subsidiary, holding and related bodies corporate
competition-and-consumer-act-2010.pdf, p.60
4B Consumers
A person is taken to have acquired goods or services as a consumer if the contrary intention appears.
4B(1) Consumers
Acquiring goods or services as a consumer is an obligation.
Presumption of consumer status in proceedings under the Act.
4B(2) Consumers
Unless the contrary is established, that the person was a consumer in relation to those goods or services.
Alleged in any proceeding under this Act or other proceeding in respect of a matter arising under this Act.
That the person was a consumer in relation to particular goods or services.
Semantic representation of consumer status
If it is alleged in any proceeding under this Act or other proceeding in respect of a matter arising under this Act.
That the person was a consumer in relation to those goods or services.
Spread of presumption through proceedings
Definitions for acquisition, supply and re-supply of goods and services.
4C Acquisition, supply and re-supply
Reference to acquisition includes reference to property or rights in relation to goods
competition-and-consumer-act-2010.pdf, p.61
4E Market
Includes other goods or services competitive with the first-mentioned
Classifies goods or services as substitutable
Deems a provision of a contract or arrangement to have had a particular purpose if included for that purpose.
4F References to purpose or reason
competition-and-consumer-act-2010.pdf, p.62
Preventing or hindering competition is included in the lessening of competition.
4G Lessening of competition to include preventing or hindering
The prohibition on preventing or hindering competition applies at all times.
Includes a temporal interval for the application of the prohibition.
For the purposes of this Act, references to the lessening of competition shall be read as including references to preventing or hindering competition.
Includes a prohibition on preventing or hindering competition.
The description of 'preventing or hindering' includes actions that prevent or hinder competition.
Includes a descriptive clause defining 'preventing or hindering'.
The prohibition on preventing or hindering competition is part of the diffusion.
Includes a diffusion for the application of the prohibition.
The prohibition on preventing or hindering competition applies at all times and is part of the trace.
Includes a trace for the application of the prohibition.
References contracts, leases, and licences of land and buildings.
4H Application of Act in relation to leases and licences of land and
the act of making or entering into a contract occurs after the lease or licence is granted
In this Act: ... (b) a reference to making or entering into a contract, in relation to such a lease or licence...
there is an obligation to grant or take the lease or licence
a reference to making or entering into a contract, in relation to such a lease or licence, shall be read as a reference to granting or taking the lease or licence
the act of referencing a contract occurs before the lease or licence is granted
In this Act: ... (a) a reference to a contract shall be construed as including a reference to a lease of, or a licence in respect of, land or a building...
4J Joint ventures
competition-and-consumer-act-2010.pdf, p.63
Reference to loss or damage includes injury.
4K Loss or damage to include injury
Exemptions for certain expressions in Part XI or Schedule 2
4KA Definitions etc. that do not apply in Part XI or Schedule 2
Nothing in this Act affects the validity or enforceability of a contract otherwise than in relation to a severable provision.
4L Severability
competition-and-consumer-act-2010.pdf, p.64
4M Saving of law relating to restraint of trade and breaches of
The law relating to restraint of trade and breaches of confidence continue to apply.
4M(1) Saving of law relating to restraint of trade and breaches of
but nothing in the law referred to in paragraph (a) or (b) affects...
The continued application of the law implies that it is still relevant.
Nothing in the law referred to in paragraph (a) or (b) affects...
The AI system can infer that the law continues to apply.
The law continues to apply despite the new Act.
The information about the continued application of the law is diffused through the legal system.
4M(2) Saving of law relating to restraint of trade and breaches of
4N Extended application of Part IIIA
Part IIIA extends to services provided by facilities within certain areas.
4N(1) Extended application of Part IIIA
Part IIIA applies to services provided by facilities within certain areas.
Nothing in subsection (1) affects the operation of section 15B of the Acts Interpretation Act 1901 in respect of the application of
4N(3) Extended application of Part IIIA
competition-and-consumer-act-2010.pdf, p.65
5 Extended application of this Act to conduct outside Australia
Extended application of this Act to conduct outside Australia
5(1) Extended application of this Act to conduct outside Australia
5(1A) Extended application of this Act to conduct outside Australia
5(2) Extended application of this Act to conduct outside Australia
competition-and-consumer-act-2010.pdf, p.336
50 Prohibition of acquisitions that would result in a substantial
Acquisition of shares or assets that would lessen competition is prohibited.
50(1) Prohibition of acquisitions that would result in a substantial
Acquire shares or assets that would substantially lessen competition in a market.
50(2) Prohibition of acquisitions that would result in a substantial
Directly prohibits acquiring shares or assets that would substantially lessen competition in a market.
(2) A person must not directly or indirectly acquire shares in the capital of a corporation; or acquire any assets of a corporation;
Authorises acquisitions that would not substantially lessen competition in a market.
(Note: The person will not be prevented from making the acquisition if the person is granted an authorisation for the acquisition under section 88.)
The acquisition has a traceable effect on competition in a market.
Traces the effect of acquiring shares or assets on competition in a market.
Acquisitions that would result in a substantial lessening of competition are prohibited.
50(3) Prohibition of acquisitions that would result in a substantial
(3) For the purposes of this section, an acquisition may not have the effect or be likely to have the effect of substantially lessening competition in a market if the acquisition would, in all the circumstances, have the effect, or be likely to have the effect, of creating, strengthening or entrenching a substantial degree of power in the market.
Acquisitions with overlapping effects on competition are prohibited.
(3) For the purposes of this section, an acquisition may have the effect or be likely to have the effect of substantially lessening competition in a market if the acquisition would, in all the circumstances, have the effect, or be likely to have the effect, of creating, strengthening or entrenching a substantial degree of power in the market.
(3) For the purposes of this section, an acquisition may have the effect of substantially lessening competition in a market if the acquisition would, in all the circumstances, have the effect, or be likely to have the effect, of creating, strengthening or entrenching a substantial degree of power in the market.
Classifies acquisitions based on their potential impact on competition using CogAI.
Prohibits acquisitions that would result in a substantial lessening of competition.
Acquisitions diffuse effects on competition.
Acquisitions with recurring effects on competition are prohibited.
Prohibition of acquisitions that would result in a substantial degree of power in a market.
50(3A) Prohibition of acquisitions that would result in a substantial
The prohibition applies to acquisitions that overlap with the market.
(3A) Subsections 46(3) to (8) have effect for the purposes of this section as if...
Prohibits acquisitions that would result in a substantial degree of power in a market.
The prohibition includes acquisitions that would result in a substantial degree of power in any market.
The prohibition excludes acquisitions that do not result in a substantial degree of power in any market.
The prohibition is repeated in each market.
(b) a reference in those subsections to a market were a reference to a market (within the meaning of this section).
50(3B) Prohibition of acquisitions that would result in a substantial
Acquisitions subject to a condition that requires authorisation before coming into force.
50(4) Prohibition of acquisitions that would result in a substantial
...the provisions of the contract relating to the acquisition will not come into force unless and until the person has been granted an authorisation...
Overlaps with acquisitions subject to a condition.
Recognises acquisitions subject to a condition.
Prohibits acquisitions subject to a condition.
Diffuses acquisitions subject to a condition.
Recurring trace with acquisitions subject to a condition.
competition-and-consumer-act-2010.pdf, p.338
50A Acquisitions that occur outside Australia before 1 January 2026
50A(1) Acquisitions that occur outside Australia before 1 January 2026
Prohibits acquiring a controlling interest in a corporation outside Australia
Matters from subsection 50(3) must be taken into account when determining the effect of obtaining a second controlling interest on competition.
50A(1A) Acquisitions that occur outside Australia before 1 January 2026
Obligation to consider subsection 50(3) matters
Tribunal must consider benefits to the public when determining whether obtaining a controlling interest should be disregarded.
50A(1B) Acquisitions that occur outside Australia before 1 January 2026
Obligation to consider benefits to the public
Tribunal must give information to corporations
50A(2) Acquisitions that occur outside Australia before 1 January 2026
competition-and-consumer-act-2010.pdf, p.341
Exceptions from contravention of Part 51
51 Exceptions
competition-and-consumer-act-2010.pdf, p.440
51AE Regulations relating to industry codes
Regulations relating to industry codes may prescribe an industry code or specified provisions of an industry code.
51AE(1) Regulations relating to industry codes
Regulations may prescribe an industry code.
Regulations prescribe industry codes, which confer functions and powers on persons or bodies.
51AE(1A) Regulations relating to industry codes
Regulations prescribe industry codes with functions and powers.
List of persons or bodies that may confer functions and powers under the industry code
51AE(1B) Regulations relating to industry codes
Describes temporal relationship between events
Code may provide for exercise of function or power through written instrument
51AE(1C) Regulations relating to industry codes
Written instrument (exemption instrument)
Exemptions from industry codes must be exercised through written instruments.
51AE(1D) Regulations relating to industry codes
Must provide a written instrument for exemptions.
competition-and-consumer-act-2010.pdf, p.444
51AF Acquisition of property
Defines scope of application for section 51AF(1)
51AF(1) Acquisition of property
Provisions have no effect to the extent their operation would result in acquisition of property on just terms.
51AF(2) Acquisition of property
competition-and-consumer-act-2010.pdf, p.446
Defines terms related to news businesses and digital platforms.
52A Definitions
Section 52ZG defines bargaining parties and core bargaining issues.
Classifies terms into hierarchical categories.
Section 52ZD defines bargaining news business representative.
competition-and-consumer-act-2010.pdf, p.448
52B Making content available
Service must make content available if it is reproduced, linked to, or extracted.
52B(1) Making content available
Service can make content available in multiple ways
52B(2) Making content available
52C Interacting with content
User interaction with content on a service is defined.
52C(1) Interacting with content
User interaction occurs during content placement.
(a) the content is reproduced on the service, or is otherwise placed on the service, and the user interacts with the content;
User interaction with content on a service.
User interaction with link to content on a service.
(b) a link to the content is provided on the service and the user interacts with the link;
User interaction with extract of content on a service.
(c) an extract of the content is provided on the service and the user interacts with the extract;
User interaction continues until content removal.
No limitation on user interaction with content.
52C(2) Interacting with content
competition-and-consumer-act-2010.pdf, p.449
52D Distributing content
Examples of ways a service distributes content
52D(1) Distributing content
Temporal relation between Part and Section
Content distribution methods are allowed in this section
The key is part of a Section with examples
Temporal relation between Section and Part
Service may distribute content in ways not limited by this Part.
52D(2) Distributing content
The service may distribute content in ways not limited by this Part.
Identifies overlapping temporal intervals
(2) Subsection (1) does not limit, for the purposes of this Part, the ways in which a service distributes content that is made available by the service.
Identifies universal temporal properties
Treat certain alterations to content distribution as alterations to the ways in which a service distributes content.
52D(3) Distributing content
Imposes an obligation on the state to treat certain alterations as alterations to content distribution.
Defines a class of alterations to content distribution that must be treated by the state.
competition-and-consumer-act-2010.pdf, p.451
52E Minister may make designation determination
Minister may make designation determination
52E(1) Minister may make designation determination
Designation determination may be made by the Minister.
52E(2) Minister may make designation determination
Minister must consider significant bargaining power imbalance and contribution to news industry sustainability when making designation determination.
52E(3) Minister may make designation determination
...the group has made a significant contribution...
Consider time period of significant bargaining power imbalance and contribution to news industry sustainability.
(a) whether there is a significant bargaining power imbalance...
(3) In making the determination, the Minister...
...through agreements relating to news content...
Consider diffusion of agreements relating to news content.
(b) whether that group has made a significant contribution...
Minister may consider reports or advice of the Commission when making a designation determination.
52E(4) Minister may make designation determination
Minister must give corporation notice before making designation determination.
52E(5) Minister may make designation determination
Minister intends to make a designation determination
competition-and-consumer-act-2010.pdf, p.453
52F Application for registration of news business and news business
Application for registration of news business and news business corporation.
52F(1) Application for registration of news business and news business
Details of news sources, point of contact, and meeting requirements
Application must be in writing and meet specified requirements.
52F(2) Application for registration of news business and news business
The news business may be comprised of some or all of the news sources operated or controlled by the applicant corporation.
52F(3) Application for registration of news business and news business
Register news business if requirement is met
52G Registration of news business and news business corporation
competition-and-consumer-act-2010.pdf, p.454
52H Revocation of registration or endorsement—general
Revocation of registration or endorsement—general
52H(1) Revocation of registration or endorsement—general
Prohibits revocation of registration or endorsement
Revocation of registration or endorsement if requirements not met
52H(2) Revocation of registration or endorsement—general
...if the ACMA considers that any of the following requirements are not met in relation to the news business:
Defines temporal interval for revocation
(2) The ACMA may revoke the registration of a registered news business...
Classifies news businesses based on AI-powered analysis
Prohibits revocation of registration or endorsement if requirements not met
Diffuses information about revocation requirements
Revocation of registration if no endorsed corporation exists
52H(3) Revocation of registration or endorsement—general
...if there is no registered news business corporation...
Prohibits revocation without endorsement
Revocation of registration or endorsement if not meeting revenue test
52H(4) Revocation of registration or endorsement—general
...the corporation does not meet the requirement in subsection 52M(1)
(4) The ACMA may revoke the registration of a registered news business corporation if...
Represents knowledge about corporations and revocation
...if the ACMA considers that the corporation does not meet...
Prohibits revocation of registration if not meeting revenue test
(4) The ACMA may revoke the registration...
Validates corporations against revenue test
Revocation of registration or endorsement for not being endorsed as a registered news business corporation
52H(5) Revocation of registration or endorsement—general
Prohibits revocation of registration for not being endorsed
Revocation of endorsement for non-compliance with section 52L
52H(6) Revocation of registration or endorsement—general
Revocation allowed within specified timeframe
Defines temporal interval for revocation of endorsement
Only if corporation meets requirement in section 52L
Prohibits revocation of endorsement for non-compliance with section 52L
competition-and-consumer-act-2010.pdf, p.456
52I Revocation of registration or endorsement—false or misleading
Revocation of registration or endorsement—false or misleading
52I(1) Revocation of registration or endorsement—false or misleading
Registration or endorsement is prohibited
Prohibits false or misleading registration or endorsement
ACMA may revoke registration or endorsement if false or misleading information is provided.
52I(2) Revocation of registration or endorsement—false or misleading
Prohibits providing false or misleading information.
Information or documents may be false or misleading in a material particular because of the omission of a matter or thing.
52I(3) Revocation of registration or endorsement—false or misleading
52J Obligation on registered news business corporation to notify
Registered news business corporation must notify ACMA if requirements are no longer met.
52J(1) Obligation on registered news business corporation to notify
Registered news business corporation must notify in writing.
52J(2) Obligation on registered news business corporation to notify
competition-and-consumer-act-2010.pdf, p.457
52K Adding or removing news source from registered news business
Registered news business corporation may apply to ACMA for addition or removal of a news source.
52K(1) Adding or removing news source from registered news business
Permission to apply for addition or removal of a news source.
news source that comprises the news business, specifications for added or removed sources
52K(2) Adding or removing news source from registered news business
The ACMA may add a news source to the registered news business if certain conditions are met.
52K(3) Adding or removing news source from registered news business
competition-and-consumer-act-2010.pdf, p.458
Corporation must operate or control news business
52L Requirements for connection between corporation and news
52M Revenue test
annual accounts prepared in accordance with generally accepted accounting principles
Annual revenue requirement for corporations
52M(1) Revenue test
Requires annual revenue exceeding $150,000
Revenue test for subsection (3) applicability
52M(2) Revenue test
Treats revenue for a year as including the business' annual revenue for that year.
52M(3) Revenue test
Imposes a duty on the state to treat revenue in a certain way.
competition-and-consumer-act-2010.pdf, p.459
52N Content test
News source must create core news content as primary purpose.
52N(1) Content test
52N(2) Content test
It must be during the time of the news business
(2) This subsection covers a news source...
Content test: primary purpose of a news source
52N(3) Content test
52O Australian audience test
News source must serve predominantly Australian audiences.
52O(1) Australian audience test
Obligation to serve Australian audiences
(1) The requirement in this subsection is met...
52O(2) Australian audience test
competition-and-consumer-act-2010.pdf, p.460
52P Professional standards test
News sources must comply with specific standards and codes of practice.
52P(1) Professional standards test
Defines a news source as part of the relevant news business.
52P(2) Professional standards test
Defines temporal intervals for news sources
news source is part of the relevant news business
competition-and-consumer-act-2010.pdf, p.461
52Q Obligations in respect of digital platform services individually
Creates obligations in respect of digital platform services individually.
52Q(1) Obligations in respect of digital platform services individually
Digital platform corporation must fulfill obligations for registered news business corporation.
52Q(2) Obligations in respect of digital platform services individually
Separate obligations for each responsible digital platform corporation
52Q(3) Obligations in respect of digital platform services individually
Separating obligations among corporations
Digital platform corporation must provide information to registered news business
52R Giving list and explanation of data provided to registered news
Digital platform corporation must provide information
competition-and-consumer-act-2010.pdf, p.463
52S Change to algorithm to bring about identified alteration to
Change to algorithm planned if it brings about significant alteration in content distribution.
52S(1) Change to algorithm to bring about identified alteration to
the change is planned to be made to an algorithm of the designated digital platform service;
(c) the change is likely to have a significant effect on the referral traffic from the designated digital platform service to the covered news content of registered news businesses (considered as a whole) that the service makes available.
(b) the dominant purpose of the change is to bring about an identified alteration to the ways in which the designated digital platform service distributes content that is made available by the service;
(a) a change is planned to be made to an algorithm of the designated digital platform service;
Conditional obligation on considering referral traffic impact.
the dominant purpose of the change is to bring about an identified alteration to the ways in which the designated digital platform service distributes content that is made available by the service;
Notice must be given to registered news business corporations at least 14 days before change is made.
52S(2) Change to algorithm to bring about identified alteration to
Registered news business corporation must receive notice
Digital platform corporation must ensure notice is given
competition-and-consumer-act-2010.pdf, p.464
52V Section 52S—dominant purpose
52W Section 52S—significant effect
Determine whether a change has the significant effect mentioned in paragraph 52S(1)(c)
52W(1) Section 52S—significant effect
Disregard specific factors when determining the significant effect of a change on covered news content.
52W(2) Section 52S—significant effect
Ignoring specific factors is an obligation.
(a) whether, as a result of the change, there is likely to be a significant variation...
(b) the relative turnover of registered news businesses...
(c) the relative volume of covered news content created by...
(d) the relative financial position of registered news businesses...
competition-and-consumer-act-2010.pdf, p.465
Digital platform corporation must develop proposal for recognizing original covered news content.
52X Recognition of original covered news content
Details of the point of contact, acknowledgement of communications
competition-and-consumer-act-2010.pdf, p.466
Responsible digital platform corporation must set up a point of contact and acknowledge communications.
52Y Facilitating open communication—responsible digital platform
Obligation to set up a point of contact and acknowledge communications.
competition-and-consumer-act-2010.pdf, p.467
A registered news business corporation must set up a point of contact and acknowledge communications from responsible digital platform corporations.
52Z Facilitating open communication—registered news business
Must provide a point of contact and acknowledge communications.
No requirement to disclose trade secrets.
52ZA Trade secrets
No information that is personal information can be given.
52ZB Personal information
competition-and-consumer-act-2010.pdf, p.468
52ZC Digital service to be supplied without differentiating in
Digital service must be supplied without differentiation
52ZC(1) Digital service to be supplied without differentiating in
Digital platform corporation must not differentiate between registered news businesses
52ZC(2) Digital service to be supplied without differentiating in
News business must not be part of a registered news business.
52ZC(3) Digital service to be supplied without differentiating in
Temporal overlap with registered news business.
(a) the news business is not a registered news businesses; and (b) none of the news sources that comprise the business form part of a registered news business.
Prohibition on being part of a registered news business.
Exemption from differentiation for certain agreements
52ZC(4) Digital service to be supplied without differentiating in
competition-and-consumer-act-2010.pdf, p.472
52ZD Bargaining news business representative for a registered news
The registered news business corporation is the bargaining news business representative.
52ZD(1) Bargaining news business representative for a registered news
The registered news business corporation must be the bargaining news business representative.
Definition of a bargaining news business representative
Registered news business corporation is the bargaining news business representative.
Registered news business corporation must appoint a bargaining news business representative in writing.
52ZD(2) Bargaining news business representative for a registered news
The agreement must be made before the appointment of the bargaining news business representative
Describes the temporal relationship between the agreement and the appointment of the bargaining news business representative
Subsection (3) applies if an agreement in writing is made with a person
The person is cognitively integrated into the registered news business as a bargaining news business representative
Describes the relationship between the registered news business corporation and the person in terms of cognitive AI
The agreement provides that the person should be the bargaining news business representative for the registered news business
The person must be the bargaining news business representative for the registered news business
Must provide a bargaining news business representative
Registered news business corporation makes an agreement in writing with a person
The person is diffused into the registered news business as a bargaining news business representative
Describes the relationship between the registered news business corporation and the person in terms of diffusion
The appointment of the bargaining news business representative must be after the agreement
The person is the bargaining news business representative for the registered news business.
52ZD(3) Bargaining news business representative for a registered news
The person has a role in the registered news business during their term as bargaining news business representative.
(3) Despite subsection (1), the person is the bargaining news business representative for the registered news business.
The person has a role in the registered news business using artificial intelligence.
The person has a role in the registered news business if and only if they are the bargaining news business representative.
The person has a role in the registered news business if they are the bargaining news business representative.
A person can be the bargaining news business representative for 2 or more registered news businesses.
52ZD(4) Bargaining news business representative for a registered news
52ZE Notification of bargaining
News business representative must notify digital platform corporation
52ZE(1) Notification of bargaining
Notification of bargaining may relate to some or all registered news businesses.
52ZE(2) Notification of bargaining
Notification of bargaining for multiple digital platform services
52ZE(3) Notification of bargaining
Notification requirements for bargaining news business representatives
52ZE(4) Notification of bargaining
...the specified issues mentioned in subsection (1);
Specify temporal intervals for notification requirements
(4) A notification made for the purposes of subsection (1) must set out...
Specify issues mentioned in subsection (1)
(e) the specified issues mentioned in subsection (1);
(d) the responsible digital platform corporation for the designated digital platform service;
Specify digital platforms and corporations involved
(c) the designated digital platform service;
Cannot later vary a notification to relate to a registered news business not set out in the notification.
52ZE(5) Notification of bargaining
later varied to relate to a registered news business that was not set out in the notification.
Notification made for the purposes of subsection (1)
competition-and-consumer-act-2010.pdf, p.473
Notification requirement for subsection 52ZE(1) applicability
52ZF Application of Subdivision
competition-and-consumer-act-2010.pdf, p.474
52ZG Bargaining parties, core bargaining issues and represented
Defines bargaining parties for a digital platform service
52ZG(1) Bargaining parties, core bargaining issues and represented
Bargaining parties may agree to bargain over extra specified issues.
52ZG(2) Bargaining parties, core bargaining issues and represented
52ZG(3) Bargaining parties, core bargaining issues and represented
Imposes obligation on bargaining parties
Each registered news business to which the notification relates is a represented registered news business.
52ZG(4) Bargaining parties, core bargaining issues and represented
Asserts existence of a represented registered news business.
Each bargaining party must negotiate in good faith over each core bargaining issue.
52ZH Obligation to negotiate in good faith
52ZI Obligation to notify Commission if agreement reached
Notify Commission if agreement reached within 3 months Notify Commission if agreement reached
52ZI(1) Obligation to notify Commission if agreement reached
Notify Commission if no agreement reached
(a) the bargaining parties have not reached agreement over each core bargaining issue within 3 months after the notification was made for the purposes of subsection 52ZE(1); or
Notify Commission if mediation agreed upon
(b) the bargaining parties agree to refer the core bargaining issues to mediation under this Subdivision.
Each bargaining party must participate in a mediation about the core bargaining issues. Notify Commission if agreement reached
52ZI(2) Obligation to notify Commission if agreement reached
Notify Commission of agreement reached in good faith negotiations. Regulations may incorporate existing instruments or writings.
52ZI(3) Obligation to notify Commission if agreement reached
Mediator must be appointed by ACMA Notify Commission if agreement reached
52ZI(4) Obligation to notify Commission if agreement reached
competition-and-consumer-act-2010.pdf, p.476
Nothing in this Division limits the bargaining parties to negotiating only over the core bargaining issues.
52ZJ Bargaining over other issues
competition-and-consumer-act-2010.pdf, p.477
52ZK Register of bargaining code arbitrators
Establish and keep a register of bargaining code arbitrators
52ZK(1) Register of bargaining code arbitrators
Each person listed on the register must have appropriate experience to be a member of an arbitral panel.
52ZK(2) Register of bargaining code arbitrators
Has experience in economic matters or industry matters
Experience must be relevant to industry matters
Consider requirements in regulations when listing a person on the register.
52ZK(3) Register of bargaining code arbitrators
Requirements are considered between listing and starting arbitration
Temporal interval for considering requirements
ACMA must consider requirements when listing a person on the register
Requirements are classifications of regulations
Classification of requirements in regulations
Requirements are classifications of listing a person on the register
Requirements diffuse to listing a person on the register
Diffusion of requirements to listing a person on the register
Listing a person on the register is within the temporal interval of starting arbitration
Temporal interval for listing a person on the register
52ZL Notification of arbitration
Notification of arbitration required for remuneration issue
52ZL(1) Notification of arbitration
(1) This section applies if: (a) a notification has been made for the purposes of subsection 52ZE(1) to a responsible digital platform corporation for a designated digital platform service;
Notification of arbitration required when conditions are met
52ZL(2) Notification of arbitration
competition-and-consumer-act-2010.pdf, p.478
52ZM Formation of arbitral panel
Notice must be given under subsection 52ZL(5)
52ZM(1) Formation of arbitral panel
Notice has been given under subsection 52ZL(5)
An arbitral panel must be formed to arbitrate about the remuneration issue.
52ZM(2) Formation of arbitral panel
Membership of arbitral panel must be comprised of Chair and two other members.
52ZM(3) Formation of arbitral panel
Members of the panel must be appointed by agreement between the bargaining parties.
52ZM(4) Formation of arbitral panel
The appointment must occur within a specific time frame
The members of the panel are to be appointed by agreement between the bargaining parties.
This provision can be applied using artificial intelligence
If there is an agreement, then the members of the panel must be appointed
This provision can be validated using schema-based methods
Agreement to appoint persons not listed on register of bargaining code arbitrators.
52ZM(5) Formation of arbitral panel
Notice of appointment of arbitral panel members must be provided to Commission and ACMA.
52ZM(6) Formation of arbitral panel
(a) specifies: (i) the name (or names) of the person (or persons) appointed; and (ii) the date of the agreement;
Notice must be given within a specified time period after subsection 52ZL(5) notice.
52ZM(7) Formation of arbitral panel
The specified time period is greater than or equal to the notice deadline.
The notice must be given by the end of the specified time period.
The notice is related to artificial intelligence.
The notice must be given within a specified time period.
Notice must be given by the end of the specified time period.
Must be given within a specified time period.
The notice is related to the spread of information.
ACMA must make appointment(s) if bargaining parties cannot agree.
52ZM(8) Formation of arbitral panel
Appointment of arbitrator must be from register
52ZM(9) Formation of arbitral panel
competition-and-consumer-act-2010.pdf, p.480
52ZN Disclosure of conflicts of interest where ACMA appoints
Reasonable opportunity to declare actual or potential conflicts of interest
ACMA must declare conflicts of interest before appointing a panel member.
52ZN(1) Disclosure of conflicts of interest where ACMA appoints
Declaration of conflicts of interest before appointment to panel.
52ZN(2) Disclosure of conflicts of interest where ACMA appoints
Obligation to declare conflicts of interest.
ACMA may remove a panel member with conflict of interest
52ZN(3) Disclosure of conflicts of interest where ACMA appoints
The person should no longer be on the panel
Prohibits a person from being on the panel with conflict of interest
ACMA has reason to consider a conflict of interest
The person should receive notice before being removed from the panel
Requires ACMA to give notice to the person before removing them from the panel
Prevents a person with conflict of interest from serving on the panel
The person should be removed from the panel after notice is given
Requires ACMA to take action before removing a panel member with conflict of interest
The person should not be removed from the panel without notice
Prevents ACMA from removing a panel member with conflict of interest without giving notice
ACMA must disclose conflicts of interest upon appointment
52ZN(4) Disclosure of conflicts of interest where ACMA appoints
Disclosure must occur soon after notice is given
(4) If the ACMA gives a notice under paragraph (3)(a), the ACMA must, as soon as practicable: (a) give a copy of the notice to the bargaining parties; and (b) make an appointment of another person as a member of the panel.
Obligation to disclose conflicts of interest
Obligation to provide copy of notice to bargaining parties
ACMA must appoint only persons listed on the register of bargaining code arbitrators.
52ZN(5) Disclosure of conflicts of interest where ACMA appoints
The appointment is conditional on the person being listed during a specific period.
Person to be appointed must be listed before appointment.
ACMA's appointment is conditional on the person being listed.
Person to be appointed must be listed on the register.
The appointment is conditional on the person being a registered arbitrator.
Person to be appointed must be an arbitrator.
The appointment is conditional on the person being listed before appointment.
The appointment is conditional on the person being listed until a certain point in time.
Disclosure of conflicts of interest where ACMA appoints
52ZN(6) Disclosure of conflicts of interest where ACMA appoints
The interest conflicts with the arbitration during its duration
Temporal relationship between interests and arbitration
The person has an interest that could conflict with the proper performance of their functions in relation to the arbitration
The person's functions cannot be properly performed in relation to the arbitration
Implication of a conflict of interest on arbitration
The person has a conflict of interest in relation to the arbitration
ACMA recognizes the conflict of interest
Recognition of conflicts of interest by ACMA
ACMA appoints a person with a conflict of interest
The person has any interest, pecuniary or otherwise
The conflict of interest spreads to other areas of the person's functions
competition-and-consumer-act-2010.pdf, p.481
52ZO Costs of arbitral panel
Each party must pay half of the costs of each panel member.
52ZO(1) Costs of arbitral panel
Each member of the panel must determine their costs.
52ZO(2) Costs of arbitral panel
Comply with rules for costs of arbitral panel
52ZO(3) Costs of arbitral panel
52ZP Chair to notify start of arbitration
52ZP(1) Chair to notify start of arbitration
Chair must provide written notice with specified requirements.
52ZP(2) Chair to notify start of arbitration
Chair has a duty to provide written notice.
52ZQ Bargaining parties’ agreement about dealing with extra
Agreement to deal with extra services in arbitration
52ZQ(1) Bargaining parties’ agreement about dealing with extra
Bargaining parties' agreement about dealing with extra
52ZQ(2) Bargaining parties’ agreement about dealing with extra
competition-and-consumer-act-2010.pdf, p.482
52ZR Application
Must participate in arbitration in good faith
52ZS Obligation to participate in arbitration in good faith
52ZT Information request by bargaining party—general
Request for specified information from other party
52ZT(1) Information request by bargaining party—general
The request must be made before the end of this period
Request must be made within 5 business days after arbitration start
The request is justified by the purpose of the Division
Request is reasonable for purposes of Division
The bargaining party has a reason to make the request
The request is valid because it comes from the right entity
The request comes from a legitimate source
The other bargaining party must provide specified information
The bargaining party has the right to request information
A new request is not allowed for this arbitration
Request must not be repeated in respect of same arbitration
The bargaining party has already made a previous request
Information request by bargaining party—general
52ZT(2) Information request by bargaining party—general
(2) This subsection covers information that is held by any of the following:
Request for information must be in writing and set out reasons.
52ZT(3) Information request by bargaining party—general
Bargaining party must provide a copy of the request to the panel on the same day.
52ZT(4) Information request by bargaining party—general
Ensure timely compliance with information request
52ZT(5) Information request by bargaining party—general
competition-and-consumer-act-2010.pdf, p.484
52ZU Information request by bargaining party—challenges by
Request for ruling on reasonableness of information request
52ZU(1) Information request by bargaining party—challenges by
Application must be made within 10 business days after request is given.
52ZU(2) Information request by bargaining party—challenges by
The application is between 10 business days and the date the request was given.
(2) An application under subsection (1) can be made no later than 10 business days after the bargaining party gives the request to the other bargaining party.
The application must be made within 10 business days after the request is given.
Application must be made within the specified timeframe.
The application shall be made within 10 business days after the request is given.
Panel must make a ruling within 10 business days after an application is made.
52ZU(3) Information request by bargaining party—challenges by
Duty to make a ruling within a specified timeframe.
The ruling may relate to all or a specified part of the information requested.
52ZU(4) Information request by bargaining party—challenges by
The ruling overlaps with the requested information
(4) The ruling may relate to all or a specified part of the information requested.
The ruling involves the requested information
The ruling relates to the requested information
The ruling diffuses the requested information
Panel must consider specified matters when making a ruling.
52ZU(5) Information request by bargaining party—challenges by
The panel must consider the specified matters.
No obligation to provide information beyond what is reasonable
52ZU(6) Information request by bargaining party—challenges by
52ZV Information request by bargaining party—miscellaneous
No information must be given that would reveal a trade secret.
52ZV(1) Information request by bargaining party—miscellaneous
No personal information may be provided.
52ZV(2) Information request by bargaining party—miscellaneous
Prohibits providing personal information.
Ensure information is not used for purposes other than arbitration.
52ZV(3) Information request by bargaining party—miscellaneous
...the other bargaining party must ensure...
Obligation to ensure information is not used for purposes other than arbitration.
(3) If a bargaining party gives information...
Regulations specify a different number of business days in respect of a provision.
52ZV(4) Information request by bargaining party—miscellaneous
(4) Subsection (5) applies if: (a) there is a reference to a number of business days in a provision in section 52ZT or 52ZU; and (b) regulations made for the purposes of this paragraph specify a different number of business days in respect of that provision.
Regulations specify a different number of business days between provisions.
Regulations specify a different number of business days if certain conditions are met.
Regulations specify a different number of business days.
Clarifies business days for information request
52ZV(5) Information request by bargaining party—miscellaneous
competition-and-consumer-act-2010.pdf, p.485
52ZW Agreed early termination of arbitration
Agreement for early termination of arbitration
52ZW(1) Agreed early termination of arbitration
52ZW(2) Agreed early termination of arbitration
Parties must notify Chair of agreement before arbitration terminates early.
52ZW(3) Agreed early termination of arbitration
competition-and-consumer-act-2010.pdf, p.486
52ZX Final offer arbitration
Terms for resolving the remuneration issue
The panel must determine terms for resolving the remuneration issue in accordance with certain conditions.
52ZX(1) Final offer arbitration
Submit final offer and provide copy to Commission
52ZX(2) Final offer arbitration
Commission must provide copy of final offer to other bargaining party upon request.
52ZX(3) Final offer arbitration
A final offer must be submitted within a certain timeframe.
52ZX(4) Final offer arbitration
Must provide a final offer within the specified timeframe.
An offer that does not comply with subsection (4) is not a final offer.
52ZX(5) Final offer arbitration
Cannot withdraw or amend a final offer after submission.
52ZX(6) Final offer arbitration
(6) A final offer, once submitted, cannot be withdrawn or amended.
Panel must not accept final offers deemed detrimental to covered news content or Australian consumers.
52ZX(7) Final offer arbitration
...the panel considers that each final offer is not in the public interest.
Temporal interval for detrimental final offers.
(7) The panel must accept one of the final offers unless...
Classification of detrimental final offers by CogAI.
Prohibition of accepting detrimental final offers.
Recurring trace for detrimental final offers.
Panel must adjust final offer to be in public interest if not accepted.
52ZX(8) Final offer arbitration
Panel must take action if one party fails to submit final offer
52ZX(9) Final offer arbitration
Temporal relation between offer submission and panel action
If one party fails to submit final offer for what the remuneration amount should be, in accordance with subsection (4)
Failure to submit offer implies panel action
One party fails to submit final offer for what the remuneration amount should be, in accordance with subsection (4)
Part IVBA News media and digital platforms mandatory bargaining code
Chapter 4 Provisions relating to particular industries, payment surcharges etc.
competition-and-consumer-act-2010.pdf, p.488
Arbitration terminates if no final offer is submitted
52ZY Final offer arbitration—termination of arbitration if no final
competition-and-consumer-act-2010.pdf, p.489
52ZZ Matters to consider in arbitration, etc.
Determine final offer submission deadline within specified timeframe. Panel must consider certain matters when making a determination under subsection 52ZX(1)
52ZZ(1) Matters to consider in arbitration, etc.
Panel must consider cost and remuneration amounts within a certain range
(c) the reasonable cost to the registered news business of producing covered news content;
Panel must consider the impact of remuneration amounts on commercial interests
(d) whether a particular remuneration amount would place an undue burden on the commercial interests of the designated digital platform service.
Panel must consider AI-related aspects when making a determination
(1) In making a determination under subsection 52ZX(1)
Must determine final offer submission deadline.
(1) The panel must make the determination no later than 35 business days...
Panel must consider the impact of remuneration amounts on multiple parties
(ca) the reasonable cost to the designated digital platform service of making available covered news content in Australia;
Consider bargaining power imbalance in arbitration
52ZZ(2) Matters to consider in arbitration, etc.
Consideration of bargaining power imbalance is within the scope of arbitration
(2) In considering the matters set out in subsection (1)
Consideration of bargaining power imbalance implies consideration of other matters
Consideration of bargaining power imbalance is a type of consideration
Consideration of bargaining power imbalance spreads to other matters
competition-and-consumer-act-2010.pdf, p.506
Enhance the welfare of Australians through regulation of the Australian gas market and limitation of increases in gas prices.
53 Object of this Part
No scheme for avoiding gas market code or emergency price order
53A Simplified outline
Prohibition of scheme for avoiding gas market code or emergency price order
A person must not enter into a scheme...
competition-and-consumer-act-2010.pdf, p.507
53B Definitions
constitutional corporation is a subclass of corporation
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies
competition-and-consumer-act-2010.pdf, p.509
53C Gas market conduct
Includes various actions related to supplying or acquiring a gas commodity
competition-and-consumer-act-2010.pdf, p.510
53D Gas market participants
53D(1) Gas market participants
The joint venture includes gas market conduct
A gas market participant is any of the following:
Person or body prescribed by regulations is not a gas market participant.
53D(2) Gas market participants
Geographical application of subsection (1) subject to subsection (2)
53D(3) Gas market participants
competition-and-consumer-act-2010.pdf, p.511
53E Extension to external Territories
The gas market provisions extend to every external Territory.
53E(1) Extension to external Territories
A reference in the gas market provisions to Australia includes a reference to the external Territories.
53E(2) Extension to external Territories
The external Territories are included in the reference to Australia
Provisions extend to acts, omissions, matters and things outside Australia.
53F Extraterritorial operation
53G Geographical application of offences
The gas market provisions apply in relation to supplying a gas commodity if the supply occurs in Australia or is imported into Australia.
53H Geographical application—supplies and acquisitions
The gas market provisions apply to supplying a gas commodity at the time of importation.
(b) is: i) to a person in Australia, including by means of importing the gas commodity into Australia;
...the supply: (a) occurs in Australia; or (b) is:...
The gas market provisions apply to supplying a gas commodity.
(1) The gas market provisions apply in relation to supplying a gas commodity if the supply occurs in Australia; or (b) is:...
The state has an obligation to apply the gas market provisions.
competition-and-consumer-act-2010.pdf, p.512
53J Gas market provisions bind the Crown
The Crown is bound by the gas market provisions in all its capacities.
53J(1) Gas market provisions bind the Crown
The Crown is obligated to comply with the gas market provisions.
The Crown is not liable to a pecuniary penalty or prosecution for an offence.
53J(2) Gas market provisions bind the Crown
The Crown is prohibited from being liable to a pecuniary penalty.
The Crown is not liable to a pecuniary penalty.
The Crown is prohibited from being prosecuted for an offence.
The Crown is not subject to prosecution for an offence.
53K Application to government entities
The gas market provisions apply to government entities.
53K(1) Application to government entities
Applicability of the gas market provisions
The entity is covered by subsection (3) or (4)
Does not limit the ability of a gas market instrument to limit its application in relation to an entity covered by subsection (3) or (4).
53K(2) Application to government entities
53K(3) Application to government entities
Entity covered by this subsection includes government entities and certain public bodies.
53K(4) Application to government entities
Entity holds or performs the duties of an office
competition-and-consumer-act-2010.pdf, p.514
53L Regulations may prescribe gas market codes
Regulations may prescribe matters required or permitted by this Act to be prescribed by a gas market code.
53L(1) Regulations may prescribe gas market codes
Regulations may prescribe gas market codes
53L(2) Regulations may prescribe gas market codes
53M Minister may make gas market emergency price orders
Minister may make gas market emergency price orders
53M(1) Minister may make gas market emergency price orders
Exemptions from certain actions in gas market emergency price orders
53M(2) Minister may make gas market emergency price orders
...create an offence; ...provide powers of: ...impose a tax; ...set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
Exemptions apply during gas market emergency price orders
(2) To avoid doubt, a gas market emergency price order may not do...
53M(3) Minister may make gas market emergency price orders
Permission to make gas market emergency price orders
Consultation with Commission before making gas market emergency price order
53M(4) Minister may make gas market emergency price orders
Minister makes gas market emergency price order
53M(5) Minister may make gas market emergency price orders
Minister must not make a gas market emergency price order after specified time.
53M(6) Minister may make gas market emergency price orders
Prohibits making a gas market emergency price order after specified time.
Gas market emergency price order is repealed at a specified time unless earlier repealed.
53M(7) Minister may make gas market emergency price orders
Defines time for gas market emergency price orders
53M(8) Minister may make gas market emergency price orders
Defines the duration of gas market emergency price orders
competition-and-consumer-act-2010.pdf, p.515
Limits the application of a gas market instrument or its provisions.
53N Scope of gas market instruments
competition-and-consumer-act-2010.pdf, p.517
Rules regulating gas market conduct may be included in a gas market code.
53P General
Rules for dealing with other gas market participants in good faith
53Q Dealing with other gas market participants
competition-and-consumer-act-2010.pdf, p.518
53R Negotiations, expressions of interest and offers
Rules about negotiations relating to supplying or acquiring a gas commodity.
53R(1) Negotiations, expressions of interest and offers
Rules about expressions of interest in supplying or acquiring a gas commodity
53R(2) Negotiations, expressions of interest and offers
An expression of interest is open for the following period: ...
Expressions of interest have a specific period
(2) A gas market code may include rules about expressions of interest relating to supplying or acquiring a gas commodity
A response to an expression of interest must involve the following: ...
Responding to an expression of interest involves providing information and making offers
A gas market participant must issue an expression of interest
Expressing an interest is required in specified circumstances
A gas market participant must not issue an expression of interest
Expressing an interest is forbidden in certain circumstances
A withdrawal of an expression of interest implies the following: ...
Withdrawing an expression of interest implies certain actions
Rules about offers relating to supplying or acquiring a gas commodity
53R(3) Negotiations, expressions of interest and offers
Requires a gas market participant to make an offer in specified circumstances
competition-and-consumer-act-2010.pdf, p.519
Rules about agreements relating to supplying or acquiring a gas commodity
53S Agreements
competition-and-consumer-act-2010.pdf, p.520
53T Terms on which gas commodities are supplied or acquired,
Rules for terms on which gas commodities are supplied or acquired
53T(1) Terms on which gas commodities are supplied or acquired,
Rules about price setting for gas market participants
53T(2) Terms on which gas commodities are supplied or acquired,
May take into account matters in determining a price
Must not take into account matters in determining a price
Rules about how a price is expressed or refer to prices of gas commodities
Do not offer to supply or acquire a gas commodity if rules are not complied with.
53T(3) Terms on which gas commodities are supplied or acquired,
competition-and-consumer-act-2010.pdf, p.521
Regulates gas exchange operation under a market code.
53U Gas exchanges
Rules for dispute resolution in gas market codes
53V Dispute and complaint resolution
competition-and-consumer-act-2010.pdf, p.522
53W Mediation and arbitration
Provides for mediation of disputes between gas market participants relating to gas market conduct.
53W(1) Mediation and arbitration
Imposes an obligation on the state to provide for mediation of disputes.
Establishing or maintaining a register of arbiters.
53W(2) Mediation and arbitration
competition-and-consumer-act-2010.pdf, p.524
53X Terms on which gas commodities are supplied or acquired,
Rules for gas market emergency price orders regarding terms of supply or acquisition
53X(1) Terms on which gas commodities are supplied or acquired,
...including rules about any of the following matters:
During the term of the emergency price order
(1) A gas market emergency price order may include rules...
Includes rules about terms on which a gas market participant offers to supply or acquire
...fees payable in relation to such an offer, agreement, supply or acquisition;
Includes rules about fees payable in relation to such an offer, agreement, supply or acquisition
...rules about any of the following matters: (b) fees payable in relation to such an offer...
...terms (including terms relating to price) specified in an expression of interest...
Includes rules about terms specified in an expression of interest relating to supplying or acquiring a gas commodity
...terms (including terms relating to price) specified in an expression of interest relating to supplying or acquiring a gas commodity.
...Chapter 4 Gas market Part IVBB Gas market instruments Division 2 ...
Includes a provision relating to particular industries, payment surcharges etc.
Provisions relating to particular industries, payment surcharges etc.
Rules for setting a price in a gas market emergency price order
53X(2) Terms on which gas commodities are supplied or acquired,
May refer to published information about any market
Offers alternative rules for setting a price
Prohibition on offering to supply or acquire gas commodity if rules are not complied with
53X(3) Terms on which gas commodities are supplied or acquired,
Rules of the kind mentioned in subsection (1) or (2)
Gas market emergency price order includes rules requiring a gas market participant not to offer to supply or acquire
Not offer to supply or acquire gas commodity
Prohibition on offering to supply or acquire
Rules of the kind mentioned in subsection (1) or (2) are not complied with
Not agree to supply or acquire gas commodity
Prohibition on agreeing to supply or acquire gas commodity if rules are not complied with
Prohibition on supplying gas commodity if rules are not complied with
competition-and-consumer-act-2010.pdf, p.526
Regulates gas exchange operation under a gas market emergency price order
53Y Gas exchanges
53Z Transparency
Rules about publishing information by gas market participants, the Minister, or the Commission.
53Z(1) Transparency
The rule requires publishing information at specified intervals.
Publishing information at specified intervals
(1) A gas market instrument may include rules about a gas market participant, the Minister or the Commission publishing information
If a rule requires publishing information, then it implies that the participant must publish information.
Publishing information implies compliance with the rule
The system recognizes that it needs to publish information.
The system recognizes the need to publish information
A rule requiring information to be published at specified intervals.
The rule includes rules about publishing information.
Includes rules about publishing information
The rule diffuses knowledge about gas market matters.
Publishing information diffuses knowledge about gas market matters
Information or documents relevant to a gas market matter
Requires transparency in gas market matters
53Z(2) Transparency
Requires transparency during the entire duration of the instrument
(2) A gas market instrument may include rules requiring a gas market participant to give to another gas market participant information or documents relevant to a gas market matter.
Must provide transparency in all cases, regardless of context
A gas market participant must give information or documents relevant to a gas market matter.
53ZA Reporting, records and auditing
Reporting, generating or keeping records, and auditing
Reporting, records and auditing requirements for gas market instruments
53ZA(1) Reporting, records and auditing
Financial or other reports, records or documents; Information
Reporting requirements for gas market participants
53ZA(2) Reporting, records and auditing
specified information relating to a specified event
Reporting and record-keeping requirements for gas market participants.
53ZA(3) Reporting, records and auditing
competition-and-consumer-act-2010.pdf, p.527
53ZB Conferral of powers and functions
A power or function to do, or a function of doing, any of the following
53ZB(1) Conferral of powers and functions
(1) A gas market instrument may confer on a person or body...
Gas market code may confer powers or functions on a person or body.
53ZB(2) Conferral of powers and functions
competition-and-consumer-act-2010.pdf, p.528
53ZC Fees
A fee may be charged for anything done by or in relation to the Commonwealth, the Commission or any other person or body.
53ZC(1) Fees
Defines matters that a gas market instrument may deal with when charging a fee.
53ZC(2) Fees
Defines permissible matters for fee charging.
competition-and-consumer-act-2010.pdf, p.529
Exemptions from requirements in gas market instruments
53ZD Incidental or related matters
competition-and-consumer-act-2010.pdf, p.531
53ZE What gas market instruments may refer to
A gas market instrument may adopt or incorporate matter from other instruments or writings.
53ZE(1) What gas market instruments may refer to
Subsection (1) has effect despite subsection 14(2) of the Legislation Act 2003.
53ZE(2) What gas market instruments may refer to
Defines what a gas market instrument may refer to in relation to setting a price.
53ZE(3) What gas market instruments may refer to
the price of any gas commodity or other goods or services anywhere inside or outside Australia; or any published information about any market (whether inside or outside Australia);
States what a gas market instrument may refer to in relation to setting a price.
(3) A gas market instrument may make provision in relation to a matter (including setting a price):
(i) the price of any gas commodity or other goods or services anywhere inside or outside Australia; or (ii) any published information about any market (whether inside or outside Australia);
States what a gas market instrument may refer to.
competition-and-consumer-act-2010.pdf, p.532
53ZF Provisions do not limit other provisions
Provisions do not limit other provisions
53ZF(1) Provisions do not limit other provisions
List of provisions that this section applies to
53ZF(2) Provisions do not limit other provisions
53ZG Constitution—gas market instruments must not give
Preferential treatment of one State or part thereof is prohibited.
53ZG(1) Constitution—gas market instruments must not give
Prohibits preferential treatment of one State or part thereof.
(1) A gas market instrument must not give preference to one State or any part thereof within the meaning of section 99 of the Constitution.
Implies that preferential treatment is prohibited.
Preferential treatment of one State is prohibited.
53ZG(2) Constitution—gas market instruments must not give
Fees charged under gas market instruments must not amount to taxation.
53ZH Fees must not amount to taxation
53ZI Powers to make legislative instruments
Cannot confer power on persons or bodies other than specified.
53ZI(1) Powers to make legislative instruments
A gas market instrument must not confer a power to make a legislative instrument on a person or body other than...
(a) a Minister; or (b) the Commission; or (c) a member of the staff of the Commission; or (d) an APS employee; or (e) an entity covered by subsection 53K(3)
No power to delegate a power to make a legislative instrument.
53ZI(2) Powers to make legislative instruments
(2) A gas market instrument must not confer a power to delegate a power to make a legislative instrument.
competition-and-consumer-act-2010.pdf, p.534
53ZJ Civil penalty provisions of gas market instruments
A gas market instrument may not set out a pecuniary penalty without indicating it as a civil penalty.
53ZJ(1) Civil penalty provisions of gas market instruments
Prohibition of pecuniary penalties without indication as civil penalty.
Continuation of obligation despite expired period or passed time
53ZJ(2) Civil penalty provisions of gas market instruments
...the obligation to do that act or thing continues until the act or thing is done (even if the period has expired or the time has passed).
(2) If an act or thing is required under a civil penalty provision...
Contravention of civil penalty provision within a particular period or before a particular time
53ZJ(3) Civil penalty provisions of gas market instruments
...within a particular period or before a particular time
Overlaps with provisions relating to particular industries, payment surcharges etc.
(3) A person who contravenes a civil penalty provision...
Prohibits contravention of civil penalty provision
...commits a separate contravention of that provision in respect of each day...
Imposes obligation to comply with civil penalty provision
Repeats for each day during which the contravention occurs
competition-and-consumer-act-2010.pdf, p.535
53ZK Infringement notices
Division 5 of Part XI applies to a provision in a corresponding way.
53ZK(1) Infringement notices
Extended application of Division 5 of Part XI etc.
53ZK(2) Infringement notices
Applying Division 5 of Part XI and other provisions to a provision under this section
53ZK(3) Infringement notices
competition-and-consumer-act-2010.pdf, p.536
53ZL Commission may give draft public warning notice
Notice may be given for prohibited conduct causing detriment to others in public interest.
53ZL(1) Commission may give draft public warning notice
Commission may give notice in writing if reasonable belief of prohibited conduct exists.
The Commission must give a draft public warning notice with specific details.
53ZL(2) Commission may give draft public warning notice
The Commission must give a draft public warning notice.
Notice given under subsection (1) must not be a legislative instrument.
53ZL(3) Commission may give draft public warning notice
Prohibition on notice being a legislative instrument.
competition-and-consumer-act-2010.pdf, p.537
Commission may issue public warning notice for prohibited conduct.
53ZM Commission may issue public warning notice
competition-and-consumer-act-2010.pdf, p.538
53ZN Proceedings for defamation not to lie
No defamation action against Commonwealth, Commission, or staff in relation to notice issuance.
53ZN(1) Proceedings for defamation not to lie
Imposes obligation on the Commonwealth, Commission, and staff.
53ZN(2) Proceedings for defamation not to lie
competition-and-consumer-act-2010.pdf, p.539
53ZO Orders to redress loss or damage suffered by non-parties etc.
Court may make orders against a person referred to in subsection (2) if they engaged in contravening conduct causing loss or damage to non-parties.
53ZO(1) Orders to redress loss or damage suffered by non-parties etc.
Temporal relation between contravening conduct and loss or damage
(b) the contravening conduct caused, or is likely to cause
Establishes condition for court's discretion
(c) the class includes persons (non-parties) who are not, or have not been, parties to a proceeding instituted under Part VI in relation to the contravening conduct
Identifies class of persons affected by contravening conduct
(a) a person engaged in conduct (the contravening conduct)
An order under subsection (1) may be made against the person mentioned in paragraph (1)(a); or a person involved in the contravening conduct.
53ZO(2) Orders to redress loss or damage suffered by non-parties etc.
Court must not make an order unless it considers the order will redress or prevent loss/damage to non-parties.
53ZO(3) Orders to redress loss or damage suffered by non-parties etc.
...the order will redress or prevent loss/damage...
...in relation to the contravening conduct.
competition-and-consumer-act-2010.pdf, p.541
Orders that may be made to redress loss or damage suffered by non-parties.
53ZP Kinds of orders that may be made to redress loss or damage
competition-and-consumer-act-2010.pdf, p.542
53ZQ Schemes for avoidance purposes
Engaging in a scheme to avoid the application of a civil penalty provision is prohibited.
53ZQ(1) Schemes for avoidance purposes
Engaging in a scheme to avoid civil penalty provision is prohibited.
53ZQ(2) Schemes for avoidance purposes
53ZQ(3) Schemes for avoidance purposes
Engaging in a scheme to avoid the application of a civil penalty provision.
Clarifies independence of subsections (1), (2) and (3)
53ZQ(4) Schemes for avoidance purposes
competition-and-consumer-act-2010.pdf, p.544
53ZR Whether it is reasonable to draw conclusion as to purpose
Regard must be had to any matters prescribed by the regulations when determining whether it would be reasonable to conclude that a person's purpose was to avoid the application of a civil penalty provision.
53ZR(1) Whether it is reasonable to draw conclusion as to purpose
Regard must be had to any matters prescribed by the regulations.
Matters to which regard may be had in making a determination
53ZR(2) Whether it is reasonable to draw conclusion as to purpose
53ZS This Subdivision does not limit Division 2
competition-and-consumer-act-2010.pdf, p.545
53ZT Commission may require person to provide information
Person must provide information under gas market instrument.
53ZT(1) Commission may require person to provide information
Commission requires person to provide information within a specified period and manner.
53ZT(2) Commission may require person to provide information
Commission requires person to provide information upon notice.
53ZT(3) Commission may require person to provide information
Requires the person to provide information.
Commission may require person to provide information
53ZT(4) Commission may require person to provide information
53ZU Extending periods for complying with notices
A person can apply for an extension of the period to comply with a notice.
53ZU(1) Extending periods for complying with notices
Member of Commission may extend period for complying with notice.
53ZU(2) Extending periods for complying with notices
competition-and-consumer-act-2010.pdf, p.546
Comply with notice within specified period or extended period.
53ZV Compliance with notices
53ZW False or misleading information etc.
Giving false or misleading information to the Commission is prohibited.
53ZW(1) False or misleading information etc.
No false or misleading information shall be given to the Commission.
Prohibition of false or misleading information
No false or misleading documents shall be produced to the Commission.
Prohibition of producing false or misleading documents
No false or misleading information shall be given to the Commission in compliance with a notice.
Prohibition of giving false or misleading information in compliance with a notice
53ZW(2) False or misleading information etc.
competition-and-consumer-act-2010.pdf, p.547
53ZX This Division does not limit other provisions
competition-and-consumer-act-2010.pdf, p.548
53ZY Certain provisions of this Act do not limit other provisions
Certain provisions of this Act do not limit other provisions
53ZY(1) Certain provisions of this Act do not limit other provisions
53ZY(2) Certain provisions of this Act do not limit other provisions
List of parts that subsection applies to
53ZY(3) Certain provisions of this Act do not limit other provisions
53ZZ Concurrent operation of State and Territory laws
States and Territories can operate concurrently with the gas market provisions. Prohibits conduct that affects the activities, functions, relationships or business of a constitutional corporation. Regulations may incorporate or adopt provisions from other instruments.
53ZZ(1) Concurrent operation of State and Territory laws
Excludes or limits the operation of a law of a State or Territory Legislation Act 2003 override Prevents acquisition of property without just terms.
53ZZ(2) Concurrent operation of State and Territory laws
Subsection (1) has effect despite subsection 14(2)
competition-and-consumer-act-2010.pdf, p.66
6 Extended application of this Act to persons who are not
This Act also has effect as provided by this section.
6(1) Extended application of this Act to persons who are not
This Act has effect as provided by this section.
Extended application of this Act to persons who are not
6(2) Extended application of this Act to persons who are not
competition-and-consumer-act-2010.pdf, p.76
6A Establishment of Commission
6A(1) Establishment of Commission
Establishs the Australian Competition and Consumer Commission
The Commission is a non-corporate Commonwealth entity.
6A(1A) Establishment of Commission
It is an obligation to classify it as such.
The Commission must have an official seal.
6A(2) Establishment of Commission
The Commission holds real or personal property for and on behalf of the Commonwealth.
6A(3) Establishment of Commission
The property's duration is tied to the Commission's existence.
The Commission holds the property during its existence.
The Commonwealth is entitled to the property.
The Commission holds real or personal property.
Money received by Commission is for and on behalf of the Commonwealth.
6A(4) Establishment of Commission
Receives money for and on behalf of the Commonwealth.
Right to sue is not personal property for the purposes of subsection (3)
6A(5) Establishment of Commission
competition-and-consumer-act-2010.pdf, p.75
6AA Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
6AA(1) Application of the Criminal Code
Despite subsection (1), Part 2.5 of the Criminal Code does not apply to an offence against Part IIIA or XIC, Division 7 of
6AA(2) Application of the Criminal Code
competition-and-consumer-act-2010.pdf, p.77
7 Constitution of Commission
7(1) Constitution of Commission
Members of Commission must be appointed by Governor-General.
7(2) Constitution of Commission
The Minister must be satisfied that the person qualifies for appointment.
7(3) Constitution of Commission
Member of Commission must have knowledge or experience in consumer protection.
7(4) Constitution of Commission
Member of Commission holds office for specified period and on terms and conditions determined by Governor-General.
8 Terms and conditions of appointment
The Minister may appoint persons to be associate members of the Commission.
8A Associate members
competition-and-consumer-act-2010.pdf, p.79
8AB AER members taken to be associate members
An AER member is taken to be an associate member of the Commission.
8AB(1) AER members taken to be associate members
An AER member is taken to be an associate member.
Associate membership for AER members under certain conditions.
8AB(2) AER members taken to be associate members
Temporal relationship between associate membership and certain sections.
Excludes associate membership for AER members in certain sections.
Terms and conditions of appointment specified in instrument
8AB(3) AER members taken to be associate members
9 Remuneration
Member of Commission must be paid remuneration.
9(1) Remuneration
Member of Commission must be paid allowances prescribed by Remuneration Tribunal Act 1973.
9(2) Remuneration
Member of Commission includes associate member.
9(3) Remuneration
Competition and Consumer Act 2010