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