competition-and-consumer-act-2010.pdf, p.288
Provide information with substantiating estimate.
1 July 2014; and
competition-and-consumer-act-2010.pdf, p.290
List of provisions related to carbon tax and greenhouse gas charges.
1 January 2014;
Temporal interval for commencement of provisions
The listed provisions include obligations and prohibitions.
Some provisions impose duties or bans conduct
The listed provisions are from the specified Acts.
Classifies provisions by Act and section
Provisions listed are from the following Acts:
competition-and-consumer-act-2010.pdf, p.387
1 Section 1
competition-and-consumer-act-2010.pdf, p.408
1 January 2026.
competition-and-consumer-act-2010.pdf, p.447
Application must be made on the day of notice
1 If an application is not made to the
competition-and-consumer-act-2010.pdf, p.325
10 Section 10
Calculates compensation for breach of contract
10(1B) Section 10
Imposes a duty on the state to pay compensation
10(1C) Section 10
competition-and-consumer-act-2010.pdf, p.517
100 Evidentiary provisions
Presumption of reason for defendant's action
100(1) Evidentiary provisions
Defendant became aware of matter or circumstance capable of constituting reason for their action within 6 months before the time of the action
(c) during the period of 6 months immediately before the time when the defendant so acted, the defendant became aware of a matter or circumstance capable of constituting a reason referred to in paragraph 96(3)(d) or (e) for the defendant’s so acting;
then, subject to subsection (2), it shall be presumed, unless the contrary is established, that that matter or circumstance was the reason for the defendant’s so acting.
Defendant has a duty to provide reason for their action
(a) the defendant has acted, in relation to the plaintiff, as mentioned in paragraph 98(1)(a), (b), (c) or (d);
Defendant is permitted to act as mentioned in paragraph 98(1)(a), (b), (c) or (d)
Defendant has an obligation to provide reason for their action
Exemption from evidentiary provisions under certain conditions
100(2) Evidentiary provisions
...but the terms disadvantageous to the plaintiff, or the less favourable treatment of the plaintiff...
Exemption applies during certain conditions
The defendant requires only a requirement by the defendant as to Chapter 6
Exemption applies if certain conditions are met
The defendant is exempt from the requirement...
The plaintiff establishes the matter mentioned in paragraph 98(1)(b) or (c)
competition-and-consumer-act-2010.pdf, p.519
100A Applications for review
Section applies if a provision of this Act provides that a person may apply under this Division for review of a decision of the Commission.
100A(1) Applications for review
A provision of this Act provides that a person may apply under this Division for review of a decision of the Commission.
Must apply for review within a time limit.
100A(2) Applications for review
Requirements for making applications for review may be determined by the Minister.
100A(3) Applications for review
100A(4) Applications for review
Applicability of the Act to the Tribunal
100A(5) Applications for review
Tribunal may make decisions and exercise Commission's powers during review
100B Functions and powers of Tribunal
Tribunal has the power to make decisions
competition-and-consumer-act-2010.pdf, p.521
100C Applications for review
A person can apply for a review of an acquisition determination within 14 days.
100C(1) Applications for review
Requirements for making an application may be determined by legislative instrument.
100C(2) Applications for review
Requirements determined during applications
Allow person to apply for review of determination
100C(3) Applications for review
Consideration of factors before allowing an application to the Tribunal
100C(4) Applications for review
...the application has any reasonable prospects of success; and...
(4) In considering whether to allow a person to apply to the Tribunal under subsection (3),
...the person’s interest in the matter; and...
competition-and-consumer-act-2010.pdf, p.522
100D Further information and documents in relation to applications
Must provide information or documents to the Tribunal.
100D(1) Further information and documents in relation to applications
The Minister may determine information or documents in relation to an application.
100D(2) Further information and documents in relation to applications
Permission to determine information or documents.
Provide information or documents within 30 days of applying for review.
100D(3) Further information and documents in relation to applications
Must provide information or documents within 30 days.
Failure to provide information or documents within 30 days results in withdrawal of application.
100D(4) Further information and documents in relation to applications
Prohibits failure to provide information or documents within 30 days.
100E Applicants may withdraw applications
Applicant may withdraw application at any time
100E(1) Applicants may withdraw applications
Participant may apply for reinstatement of withdrawn application within 7 days.
100E(2) Applicants may withdraw applications
Participant may apply for reinstatement.
Participant must know about withdrawal notice.
Reinstatement application must be made within 7 days.
Tribunal may reinstate application for review under certain circumstances.
100E(3) Applicants may withdraw applications
(3) If: (a) a participant applies under subsection (2); and (b) the Tribunal believes it to be appropriate to reinstate the application for review;
Describes a temporal relationship between events or periods
Describes a process or system that can reason about the law
the Tribunal may reinstate the application and make such orders as appear to the Tribunal to be appropriate in the circumstances.
Describes a condition or restriction on an action
Describes a set of constraints on data or behavior
competition-and-consumer-act-2010.pdf, p.523
Tribunal may dismiss applications with party consent
100F Tribunal may dismiss applications if parties consent
Failure to pay fees may result in dismissal of application.
100G Tribunal may dismiss applications if fees not paid
Failure to comply with order or Act results in dismissal of application.
100H Tribunal may dismiss applications if applicants fail to comply
Non-compliance with order or Act overlaps with dismissal of application.
The non-compliance with order or Act occurs before the dismissal of application.
The non-compliance with order or Act leads to the dismissal of application.
Non-compliance with order or Act implies dismissal of application.
If the applicant fails to comply with order or Act, then the Tribunal may dismiss the application.
Prohibition of non-compliance with order or Act.
Dismiss application if frivolous, vexatious etc.
100J Tribunal may dismiss application if frivolous, vexatious etc.
Application is frivolous, vexatious etc.
competition-and-consumer-act-2010.pdf, p.524
100K Certain participants may seek to withdraw from being
Participant must provide written notice to cease participation.
100K(1) Certain participants may seek to withdraw from being
The applicant may withdraw their application under certain circumstances.
100K(2) Certain participants may seek to withdraw from being
Notice of withdrawal or dismissal to Commission and participants
100L Notice of withdrawals and dismissals
100M Tribunal not to review determinations while Commission
No review of acquisition determination under subsection 51ABZE(1) if public benefit application has been made and Commission has not decided to cease considering it.
100M(1) Tribunal not to review determinations while Commission
The review is overlapped with the public benefit application.
Overlap between review and public benefit application
A public benefit application has been made in relation to the notification.
The Commission and public benefit application are entities classified as such.
Entity classification of Commission and public benefit application
The Commission has not decided under section 51ABZV to cease considering the public benefit application.
Prohibition of review under subsection 51ABZE(1)
A public benefit application has been made.
There is a recurring trace between the Commission and the public benefit application.
Recurring trace between Commission and public benefit application
There is a constraint on the review of the acquisition determination.
Constraint on review of acquisition determination
No review of acquisition determination while public benefit application is made or Commission decides to cease considering it.
100M(2) Tribunal not to review determinations while Commission
Tribunal must cease review proceedings until Commission decides on public benefit application.
100M(3) Tribunal not to review determinations while Commission
No review of acquisition determination while public benefit application is made
100M(4) Tribunal not to review determinations while Commission
Prevents review of acquisition determination
competition-and-consumer-act-2010.pdf, p.526
100N Functions and powers of Tribunal
May make a determination affirming, setting aside or varying the determination.
100N(1) Functions and powers of Tribunal
May perform all functions and exercise all powers.
Applicability of Commission's provisions to Tribunal
100N(2) Functions and powers of Tribunal
(whichever is relevant) applies in relation to the Tribunal in the same way as it applies in relation to the Commission.
Tribunal may make acquisition determination by consent of applicant, notifying party, and intervenors.
100N(3) Functions and powers of Tribunal
Permission to make acquisition determination
Commission's determination is binding on other authorities.
100N(4) Functions and powers of Tribunal
Obligation to follow Commission's decision.
competition-and-consumer-act-2010.pdf, p.527
100P Time within which Tribunal must make determination on
Tribunal must make determination within a specified timeframe.
100P(1) Time within which Tribunal must make determination on
The Tribunal's determination must be made within a temporal interval of at least 45 days after the Commission makes its acquisition determination.
Must provide a determination within the specified timeframe.
Tribunal must make determination within the specified timeframe.
If the Commission makes an acquisition determination, then the Tribunal must make its determination within the specified timeframe.
Commission makes acquisition determination
Tribunal must make determination within 90 days after application and additional information are provided.
100P(2) Time within which Tribunal must make determination on
(2) Subject to subsections (3) and (5), the Tribunal must make its determination on a review of an acquisition determination under this Division no later than 90 days after the later of: (a) the last day on which an application for review of the determination could have been made under subsection 100C(1); and (b) the day the applicant gives to the Tribunal the additional information or documents required under subsection 100D(1). Note: See also subsections 100M(3) and (4) if a public benefit application is made. Extensions
Tribunal must make determination within specified time period
Tribunal may extend review period by 60 days
100P(3) Time within which Tribunal must make determination on
Tribunal must make determination within a specified time period
100P(4) Time within which Tribunal must make determination on
Tribunal's period for making determination extended under subsection (3)
100P(5) Time within which Tribunal must make determination on
competition-and-consumer-act-2010.pdf, p.528
The Tribunal may ask questions of a technical expert or seek information, documents or evidence.
100Q Technical experts
100R Commission information
Commission must provide information to Tribunal upon request.
100R(1) Commission information
Requires Commission to provide information.
Commission may consider information furnished to the Commission in connection with a determination.
100R(2) Commission information
The Commission considers the information during its making.
(2) For the purposes of a review under this Division, the Tribunal may have regard to any information furnished...
The Commission considers the information in its making.
The Tribunal may regard the information.
Commission is not permitted to have regard in making determination.
100R(3) Commission information
Prohibits Commission from having regard.
competition-and-consumer-act-2010.pdf, p.529
100S Information gathering etc.
Tribunal may consult consumer associations and have regard to information furnished.
100S(1) Information gathering etc.
Tribunal may consult consumer associations.
Allow new information, documents or evidence to be provided under certain conditions.
100S(2) Information gathering etc.
competition-and-consumer-act-2010.pdf, p.530
Limitation on information considered by Tribunal in review under Division
100T Information etc. to which Tribunal may have regard
Tribunal must not consider certain information
Tribunal may consider additional information under certain circumstances
Tribunal must provide information to certain persons under subsection 100S(2)
Tribunal must provide information to certain persons under subsection 100D(1)
Tribunal must provide information to Commission under subsection 100B(5)
competition-and-consumer-act-2010.pdf, p.531
101 Applications for review
A person may apply to the Tribunal for a review of a determination.
101(1) Applications for review
Tribunal may make a determination by consent of applicant, Commission, and interveners.
101(1A) Applications for review
competition-and-consumer-act-2010.pdf, p.533
A person may apply for a review of a notice within the time allowed by or under regulations.
101A Application for review of notices under Division 2 of Part VII
Within the time allowed by or under regulations
101B Application for review of notice under section 95AB
A person may apply to the Tribunal for a review of notice under section 95AB.
101B(1) Application for review of notice under section 95AB
As prescribed and within the time allowed by or under regulations
Tribunal must review notice if person has sufficient interest
101B(2) Application for review of notice under section 95AB
Review must occur after notice was given
Tribunal may perform all functions and exercise all powers of Commission during review.
102 Functions and powers of Tribunal
Tribunal may perform functions and exercise powers.
competition-and-consumer-act-2010.pdf, p.543
A review by the Tribunal under this Part is a re-hearing of the matter, unless it is a review of certain determinations.
102A Reviews are re-hearings
103 Procedure generally
103(1) Procedure generally
Exercise of powers by a presidential member
103(2) Procedure generally
The powers may be exercised by a presidential member.
Exercise powers regardless of Tribunal constitution
103(3) Procedure generally
(3) The powers mentioned in subsection (2)
competition-and-consumer-act-2010.pdf, p.544
Regulations for securing material facts and considerations in proceedings before the Tribunal or Commission.
104 Regulations as to certain matters
Regulations must secure material facts and considerations.
Classification of regulations for securing material facts and considerations.
105 Power to take evidence on oath
The Tribunal may take evidence on oath or affirmation.
105(1) Power to take evidence on oath
Permission to take evidence on oath or affirmation.
Summoning a person to appear before the Tribunal and produce documents.
105(2) Power to take evidence on oath
Summoning a person to appear before the Tribunal.
106 Hearings to be in public except in special circumstances
Hearings must be in public except in special circumstances
106(1) Hearings to be in public except in special circumstances
(1) Subject to this section, the hearing of proceedings before the Tribunal shall be in public.
Publication of evidence given before the Tribunal is prohibited.
106(2) Hearings to be in public except in special circumstances
Restrict publication to private hearings
(2) Where the Tribunal is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter...
Classification of evidence as confidential
Restrict publication of evidence given before the Tribunal
Powers of Tribunal may be exercised by the Tribunal as constituted for the purposes of the hearing or by the Tribunal constituted by a presidential member.
106(3) Hearings to be in public except in special circumstances
competition-and-consumer-act-2010.pdf, p.545
Permit witness to give evidence by written statement
107 Evidence in form of written statement
Authority to take evidence on behalf of the Tribunal
108 Taking of evidence by single member
Evidence taken during the authority period
Evidence taken within the authority period
Presidential member takes evidence on behalf of the Tribunal
Presidential member has authority to take evidence
Entitlement to participate in proceedings before Tribunal
109 Participants in proceedings before Tribunal
(1AA) A notifying party of a notification of an acquisition is entitled to participate in any proceedings before the Tribunal under Division 1B instituted by another person for review of an acquisition determination in respect of the notification.
(1) A person to whom an authorisation under Division 1 of Part VII was granted is entitled to participate in any proceedings before the Tribunal instituted by another person in relation to that authorisation.
A notifying party of a notification of an acquisition is entitled to participate in any proceedings before the Tribunal under Division 1B instituted by another person for review of an acquisition determination in respect of the notification.
Has temporal relation with acquisition determination
competition-and-consumer-act-2010.pdf, p.546
Representation in proceedings before the Tribunal
110 Representation
Temporal interval for representation approval
Tribunal approves representation at some point in time
May be represented by an employee or a director
Body corporate may be represented by an employee or a director
Employee, director, or officer must be approved by the Tribunal
111 Tribunal may order costs be awarded
Tribunal may order costs be awarded to another participant.
111(1) Tribunal may order costs be awarded
Tribunal may make further orders regarding costs assessment or taxation.
111(2) Tribunal may order costs be awarded
Minister may make provision for fees payable for assessment or taxation of costs ordered by the Tribunal to be paid.
111(3) Tribunal may order costs be awarded
Participant must pay costs ordered by tribunal.
111(4) Tribunal may order costs be awarded
competition-and-consumer-act-2010.pdf, p.547
112 Tribunal may charge fees
Tribunal may charge fees on behalf of the Commonwealth.
112(1) Tribunal may charge fees
Determine fees for purposes of subsection (1)
112(2) Tribunal may charge fees
Fees for Tribunal applications and proceedings
112(3) Tribunal may charge fees
Prohibits fees for certain Tribunal actions
(3) A determination under subsection (2)
Determination of fee payment circumstances, who must pay, time for payment, and remittal/refund waiver
112(4) Tribunal may charge fees
Determination may determine fees for particular classes of applications, costs or proceedings.
112(5) Tribunal may charge fees
competition-and-consumer-act-2010.pdf, p.548
113 Standing of Commission to seek judicial review
Commission can seek judicial review of decisions under this Part
113(1) Standing of Commission to seek judicial review
Commission is taken to be a person aggrieved by the decision, failure or conduct.
113(2) Standing of Commission to seek judicial review
a person aggrieved by the decision, failure or conduct.
Commission is taken to be a person aggrieved
Commission's standing to seek judicial review
113(3) Standing of Commission to seek judicial review
Same meaning as the Administrative Decisions (Judicial Review) Act 1977
2 Section 2
competition-and-consumer-act-2010.pdf, p.448
2 If an application is made to the
Commission may determine an alternative period for the corporation.
2(5) If an application is made to the
The Commission must provide a written statement of its reasons for giving notice.
2(6) If an application is made to the
competition-and-consumer-act-2010.pdf, p.1
Compilation information and notes on amendments.
27 May 2026
Describes the compilation's purpose and scope.
Classifies the text as a compilation of the Competition and Consumer Act 2010.
3 Section 3
competition-and-consumer-act-2010.pdf, p.378
30 September or 31 December.
competition-and-consumer-act-2010.pdf, p.494
Adjusts applicable period for response notice
31 May.
4 Section 4
5 Section 5
competition-and-consumer-act-2010.pdf, p.27
Ensure payment surcharges are not excessive and reflect cost of using payment methods.
55 Object of this Part
Defines payment surcharge and infringement notice compliance period
55A Definitions
competition-and-consumer-act-2010.pdf, p.29
55B Payment surcharges must not be excessive
Payment surcharges must not be excessive.
55B(1) Payment surcharges must not be excessive
Payment surcharges must not be excessive during trade or commerce.
(1) A corporation must not, in trade or commerce, charge a payment surcharge that is excessive.
55B(2) Payment surcharges must not be excessive
Prohibition of excessive payment surcharge
(2) A payment surcharge is excessive if...
Classification of payment surcharges based on standards and regulations
(a) the surcharge is for a kind of payment covered by...
55B(3) Payment surcharges must not be excessive
Prohibition of excessive payment surcharges
(3) Subsection (1) does not apply to a corporation who is exempted from its operation by the regulations.
competition-and-consumer-act-2010.pdf, p.30
55C Surcharge information notices
Require surcharge participant to provide information or documents
55C(1) Surcharge information notices
Corporation must be a surcharge participant if it charges or processes payment surcharges.
55C(2) Surcharge information notices
...the corporation must be a surcharge participant.
Corporation's charging or processing of payment surcharges implies surcharge participation
(2) A corporation is a surcharge participant if...
Notice must be a surcharge information notice.
55C(3) Surcharge information notices
Must specify surcharge information notice details
55C(4) Surcharge information notices
55D Extending periods for complying with notices
Participant can apply for extension of notice period within 21 days
55D(1) Extending periods for complying with notices
Extension period overlaps with notice period
Participant has permission to apply for extension
Commission may extend period for complying with notices
55D(2) Extending periods for complying with notices
competition-and-consumer-act-2010.pdf, p.31
55E Participant must comply with notice
Fail to comply with notice within period or commit offence.
55E(1) Participant must comply with notice
...fail to comply with the notice within the period for so complying.
(1) A surcharge participant commits an offence if...
Prohibition on failing to comply with notice.
...the surcharge participant fails to comply with the notice within the period for so complying.
55E(2) Participant must comply with notice
competition-and-consumer-act-2010.pdf, p.32
55F Purpose and effect of this Division
Issue of infringement notice as an alternative to proceedings for a pecuniary penalty
55F(1) Purpose and effect of this Division
Imposes an obligation on the State to issue an infringement notice
Does not require an infringement notice to be issued for a contravention of section 55B.
55F(2) Purpose and effect of this Division
(i) an infringement notice is not issued to the person for the contravention; or (ii) an infringement notice issued to the person for the contravention is withdrawn under section 55N;
This Division does not require an infringement notice to be issued.
(ii) an infringement notice issued to the person for the contravention is withdrawn under section 55N;
55G Issuing an infringement notice
Commission may issue infringement notice to a person with reasonable grounds to believe contravention of section 55B.
55G(1) Issuing an infringement notice
Commission may issue infringement notice.
Commission must not issue more than one infringement notice for the same alleged contravention of section 55B.
55G(2) Issuing an infringement notice
Infringement notice has no effect if issued more than 12 months after alleged contravention of section 55B.
55G(3) Issuing an infringement notice
Notice issued more than 12 months after alleged contravention.
(a) is issued more than 12 months after the day that the
Prohibits issuing infringement notice more than 12 months after alleged contravention.
(3) The infringement notice does not have any effect if the notice:
Prohibits issuing infringement notice relating to more than one alleged contravention.
(b) relates to more than one alleged contravention of section 55B by the person.
Notice relates to more than one alleged contravention of section 55B.
a unique number, day of issue, name and address, Commission contact details, alleged contravention details, penalty information, payment instructions
competition-and-consumer-act-2010.pdf, p.33
55H Matters to be included in an infringement notice
55J Amount of penalty
Compliance with an infringement notice triggers this section.
55K Effect of compliance with an infringement notice
Section applies if certain conditions are met.
Chapter 4 provisions relating to particular industries, payment surcharges etc.
competition-and-consumer-act-2010.pdf, p.34
Failure to comply with infringement notice results in liability for alleged contravention.
55L Effect of failure to comply with an infringement notice
Obligation to comply with infringement notice.
55M Infringement notice compliance period for infringement notice
Defines infringement notice compliance period
55M(1) Infringement notice compliance period for infringement notice
Commission may extend infringement notice compliance period
55M(2) Infringement notice compliance period for infringement notice
Maximum extension period for infringement notice compliance
55M(3) Infringement notice compliance period for infringement notice
overlaps-with(extension-duration, [0, 28])
Describes a temporal relationship between two intervals
(3) Only one extension may be given and the extension must not be for longer than 28 days.
Describes a statement or assertion made by an artificial agent
Limits the maximum duration of an extension
Describes a process of spreading or disseminating information
holds-for-all(extension, (extension-duration < 28))
Describes a property that holds for all elements of a set
Must provide notice of extension to the person issued the infringement notice.
55M(4) Infringement notice compliance period for infringement notice
Failure to comply with subsection (4) does not affect the validity of the extension.
55M(5) Infringement notice compliance period for infringement notice
Reference to extended infringement notice compliance period
55M(6) Infringement notice compliance period for infringement notice
competition-and-consumer-act-2010.pdf, p.35
55N Withdrawal of an infringement notice
55N(1) Withdrawal of an infringement notice
Protection from self-incrimination in proceedings
55N(2) Withdrawal of an infringement notice
Obligation to protect self-incrimination
Commission may withdraw infringement notice upon request.
55N(3) Withdrawal of an infringement notice
Permission to withdraw infringement notice
Subsection (3) applies regardless of representations made for withdrawal.
55N(4) Withdrawal of an infringement notice
Subsection (3) applies regardless of representations made.
competition-and-consumer-act-2010.pdf, p.37
To enable consumers in certain sectors of the Australian economy to require information relating to themselves.
56AA Object of this Part
Rules made under this Part may relate to particular industries and payment surcharges.
56AB Simplified outline
competition-and-consumer-act-2010.pdf, p.39
56AC Designated sectors subject to the consumer data right
Defines designated sector under subsection (2)
56AC(1) Designated sectors subject to the consumer data right
The Minister may designate a sector of the Australian economy by specifying classes of information, persons who hold information, and other details.
56AC(2) Designated sectors subject to the consumer data right
competition-and-consumer-act-2010.pdf, p.41
Consider all relevant factors before making an instrument.
56AD Minister’s tasks before designating a sector or declaring
Consider all factors before making an instrument.
Minister must consider all relevant factors.
competition-and-consumer-act-2010.pdf, p.43
The Secretary must arrange for analysis, consultation and report on an instrument proposing to designate a sector or declare actions.
56AE Secretary must arrange for analysis, consultation and report
The Secretary must comply with the section.
Classification of industries and actions.
competition-and-consumer-act-2010.pdf, p.44
56AF Information Commissioner must analyse and report about an
Must analyse and report about the likely effect of an instrument on consumer privacy.
56AF(1) Information Commissioner must analyse and report about an
Information Commissioner must publish report on website
56AF(2) Information Commissioner must analyse and report about an
Information Commissioner must consider certain factors when deciding whether to exclude part of report from publication.
56AF(3) Information Commissioner must analyse and report about an
(3) In deciding whether or not to exclude a part of the report from publication, the Information Commissioner must: (a) have regard to the need to prevent the matters in subsection 33(2) of the Privacy Act 1988; and
(3) In deciding whether or not to exclude a part of the report from publication, the Information Commissioner must:
Obligation to balance competing interests
(3) In deciding whether or not to exclude a part of the report from publication, the Information Commissioner must: (a) have regard to the need to prevent the matters in subsection 33(2) of the Privacy Act 1988; and (b) try to achieve an appropriate balance between the need to prevent those matters and the desirability of ensuring that interested persons are sufficiently informed of the Information Commissioner’s analysis in the report.
(3) In deciding whether or not to exclude a part of the report from publication, the Information Commissioner must: (b) try to achieve an appropriate balance between the need to prevent those matters and the desirability of ensuring that interested persons are sufficiently informed of the Information Commissioner’s analysis in the report.
competition-and-consumer-act-2010.pdf, p.45
Exemptions from invalidation of instruments
56AH Other matters
56AI Meanings of CDR data, directly or indirectly derived and CDR
Information derived from information covered by paragraph (a) or (aa)
Information covered by paragraph (a) or (aa)
Information derived from information covered by paragraph (b)
competition-and-consumer-act-2010.pdf, p.47
A person is a data holder if they hold CDR data within a specified class and on or after the earliest holding day.
56AJ Meaning of data holder
competition-and-consumer-act-2010.pdf, p.50
56AK Meaning of accredited data recipient
A person is an accredited data recipient if they meet certain conditions.
56AK(1) Meaning of accredited data recipient
There is a temporal interval between when the CDR data was disclosed to the person and when it was held by or on behalf of them.
The CDR data is not being held by or on behalf of the person as an action service provider for a type of CDR action.
The person has permission to hold the CDR data.
The person is neither a data holder nor a designated gateway for the first-mentioned CDR data.
The person has a right to hold the CDR data.
The CDR data is held by or on behalf of the person.
Authorisation required for using or disclosing CDR data
56AK(2) Meaning of accredited data recipient
The person is authorised by the consumer data rules
competition-and-consumer-act-2010.pdf, p.51
56AL Meanings of CDR participant and designated gateway
Defines CDR participant and designated gateway.
56AL(1) Meanings of CDR participant and designated gateway
A person is a designated gateway if specified in an instrument and meets certain conditions.
56AL(2) Meanings of CDR participant and designated gateway
CDR data is disclosed to the person under consumer data rules
competition-and-consumer-act-2010.pdf, p.52
56AM Meanings of chargeable CDR data, chargeable circumstances
A person is an action service provider for a type of CDR action if the person meets certain conditions. CDR data is chargeable if specified in an instrument designation instrument Defines a CDR action as an action declared under section 56ACA.
56AM(1) Meanings of chargeable CDR data, chargeable circumstances
A CDR action occurs during its declaration under section 56ACA.
Describes the temporal relationship between a CDR action and its declaration under section 56ACA.
(1) A CDR action is an action of a type declared under section 56ACA.
The person is an action service provider for that type of CDR action.
The data holder has been declared as a class of data holders for at least one type of CDR action.
If a CDR action exists, it implies a declaration under section 56ACA.
Establishes the logical connection between a CDR action and its declaration under section 56ACA.
The person must meet the conditions to be an action service provider.
The data holder must meet the conditions to be declared as a class of data holders.
CDR data is chargeable if specified in an instrument designation instrument
Identifies a CDR action as an obligation.
The data holder is within a class of data holders declared in the CDR declaration.
The data holder is a voluntary action service provider for that type of CDR action.
If a CDR action exists, it implies information about its declaration under section 56ACA.
Describes the spread or dissemination of information about a CDR action and its declaration under section 56ACA.
Establishes the relationship between a CDR action and its declaration under section 56ACA.
Definition of CDR declaration for a type of CDR action Disclose chargeable CDR data in specified circumstances. Definition of voluntary action service provider for CDR actions
56AM(2) Meanings of chargeable CDR data, chargeable circumstances
(2) The chargeable CDR data is disclosed in chargeable circumstances if it is disclosed in circumstances specified:
Temporal interval for application to be approved
The person will need to have applied to be approved as an action service provider...
...and the person holds an approval under the consumer data rules
Conditional permission based on accreditation
(2) A person is a voluntary action service provider if...
...and the person’s accreditation authorises the person to initiate that type of CDR action
Definition of accredited action initiator
A person is an accredited action initiator for a type of CDR action if...
Person is a voluntary action service provider if...
...including about different levels of accreditation
The consumer data rules may include rules about accreditation...
Chargeable CDR data is used in chargeable circumstances if it meets specified conditions.
56AM(3) Meanings of chargeable CDR data, chargeable circumstances
chargeable CDR data is used in chargeable circumstances
it is used in chargeable circumstances for that class of information
chargeable CDR data is of class information
CDR data is fee-free under certain circumstances.
56AM(4) Meanings of chargeable CDR data, chargeable circumstances
competition-and-consumer-act-2010.pdf, p.54
Extends provisions of this Part and other Acts to external Territories
56AN Extension to external Territories
56AO Extraterritorial operation of the CDR provisions
CDR provisions extend to acts, omissions, matters and things outside Australia.
56AO(1) Extraterritorial operation of the CDR provisions
Extends to acts, omissions, matters and things outside Australia.
CDR provisions apply to all persons, including foreign persons, in relation to CDR data held within Australia.
56AO(2) Extraterritorial operation of the CDR provisions
Applicability of CDR provisions to all persons
CDR provisions apply to acts or omissions by Australian persons, within Australia, or causing financial disadvantage outside Australia.
56AO(3) Extraterritorial operation of the CDR provisions
(a) the act or omission is by (or on behalf of) an Australian person
(b) the act or omission occurs wholly or partly in Australia, or wholly or partly on board an Australian aircraft or an Australian ship
(c) the act or omission occurs wholly outside Australia, and an Australian person suffers, or is likely to suffer, financial or other disadvantage as a result of the act or omission
CDR provisions apply to all persons, including foreign persons, within Australia.
56AO(3A) Extraterritorial operation of the CDR provisions
The CDR provisions apply in relation to all persons (including foreign persons).
CDR provisions have effect in relation to a CDR action to be performed within Australia.
Extraterritorial operation of the CDR provisions
56AO(3B) Extraterritorial operation of the CDR provisions
competition-and-consumer-act-2010.pdf, p.57
56AP Geographical application of offences
56AQ CDR provisions bind the Crown
The CDR provisions bind the Crown in each of its capacities.
56AQ(1) CDR provisions bind the Crown
The CDR provisions apply to the Crown's capacities from the time they come into effect until they are repealed or amended.
The CDR provisions bind the Crown during its various capacities.
(1) The CDR provisions bind the Crown in each of its capacities.
The Crown must take specific actions to comply with the CDR provisions.
The CDR provisions require the Crown to take specific actions.
The Crown is obligated to comply with the CDR provisions.
The CDR provisions impose an obligation on the Crown.
The Crown's compliance with the CDR provisions is implied by their binding nature.
The CDR provisions imply a duty on the Crown to comply with them.
The Crown's compliance with the CDR provisions is entailed by their binding nature.
The CDR provisions entail a duty on the Crown to comply with them.
The Crown is not subject to certain remedies under specified laws.
56AQ(2) CDR provisions bind the Crown
The Crown is not subject to a pecuniary penalty.
CDR provisions do not make the Crown liable to a pecuniary penalty.
The Crown is not subject to a remedy under section 56EY.
CDR provisions do not make the Crown subject to a remedy under section 56EY.
The Crown is not subject to a remedy under Part VI other than section 87B.
CDR provisions do not make the Crown subject to a remedy under Part VI other than section 87B.
The Crown is not subject to a remedy under Part 4 or section 7 of the Regulatory Powers Act.
CDR provisions do not make the Crown subject to a remedy under Part 4 or section 7 of the Regulatory Powers Act.
The Crown is not subject to Part XID of this Act.
CDR provisions do not make the Crown subject to Part XID of this Act.
56AR Government entities may participate under this Part
competition-and-consumer-act-2010.pdf, p.59
The Minister may declare an entity as a participating entity.
56AS Participating government entities of a State or Territory—
Declaration of participation is obligatory.
competition-and-consumer-act-2010.pdf, p.60
56AT Participating government entities of a State or Territory—
Revocation of declaration of participating entity
56AT(1) Participating government entities of a State or Territory—
...revokes a declaration made under subsection 56AS(1)
(1) The Minister may, by notifiable instrument...
Applies reasoning to revocation of declarations
Diffuses revocation to participating entities
Minister must revoke declaration as soon as practicable upon request.
56AT(2) Participating government entities of a State or Territory—
Minister has a duty to revoke declaration.
Continues to apply to entity in relation to acquired, accrued or incurred rights, privileges, obligations or liabilities after revocation of declaration.
56AT(3) Participating government entities of a State or Territory—
Entity continues to be subject to subsection 56AR(2)
Subsection 56AR(2) applies between declaration revocation and entity's rights, privileges, obligations or liabilities.
Entity continues to be subject to obligations after revocation.
Subsection 56AR(2) applies despite declaration revocation.
Subsection 56AR(2) applies recurring to entity in relation to acquired, accrued or incurred rights, privileges, obligations or liabilities.
competition-and-consumer-act-2010.pdf, p.61
56AU Acts done by or in relation to agents etc. of CDR entities
Acts done by or in relation to agents etc. of CDR entities are obligations for the CDR entity.
56AU(1) Acts done by or in relation to agents etc. of CDR entities
Acts done by or in relation to agents etc. of CDR entities
56AU(2) Acts done by or in relation to agents etc. of CDR entities
the agent who: (a) is acting on behalf of a CDR entity; and (b) is so acting within the agent’s actual or apparent authority;
Describes relation between temporal intervals
(2) For the purposes of this Part and the consumer data rules, if an act is done by a person in relation to another person...
the act is taken to have also been done in relation to the CDR entity.
56AU(3) Acts done by or in relation to agents etc. of CDR entities
Defines a class hierarchy for CDR entities
competition-and-consumer-act-2010.pdf, p.62
56BA Minister may make consumer data rules
Minister must make consumer data rules including deletion of CDR data Minister has obligation to make consumer data rules.
56BA(1) Minister may make consumer data rules
Consumer data rules must include requirements for deleting CDR data on request from consumer Cannot delete CDR data under certain conditions
56BA(2) Minister may make consumer data rules
The rule cannot require deletion of all or part of the CDR data
CDR data must be retained by or under an Australian law or court/tribunal order
The accredited data recipient is required to retain the CDR data
CDR data relates to current or anticipated legal proceedings
The CDR data relates to any current or anticipated legal proceedings
Must provide requirements for deleting CDR data on request from consumer
Cannot delete CDR data under certain conditions
56BA(3) Minister may make consumer data rules
...the CDR data covered in a valid request;
when a request ceases to be a valid request;
...the rules about how the requirement is to be complied with
depending on the class of CDR data requested to be deleted;
competition-and-consumer-act-2010.pdf, p.64
Matters that the consumer data rules may deal with
56BB Matters that the consumer data rules may deal with
competition-and-consumer-act-2010.pdf, p.65
56BC Rules about disclosure, collection, use, accuracy, storage,
56BC(1) Rules about disclosure, collection, use, accuracy, storage,
Rules about disclosure, collection, use, accuracy, storage
56BC(2) Rules about disclosure, collection, use, accuracy, storage,
competition-and-consumer-act-2010.pdf, p.67
56BD Limitations for rules about CDR data for which there are
Disclosure of CDR data is only required for certain types of consumers.
56BD(1) Limitations for rules about CDR data for which there are
Requires disclosure for specified types of consumers.
Subclass of consumer data rules that require disclosure.
No fee can be charged for certain industries and payment surcharges.
56BD(2) Limitations for rules about CDR data for which there are
Prohibition on charging fees during the specified time period.
(2) The consumer data rules cannot allow a fee to be charged for: Chapter 4 Provisions relating to particular industries, payment surcharges etc.
Prohibition on charging fees for certain industries and payment surcharges.
competition-and-consumer-act-2010.pdf, p.68
56BE Rules about disclosure, collection, use, accuracy, storage,
competition-and-consumer-act-2010.pdf, p.69
Only certain kinds of product data can be required to be disclosed.
56BF Limitations for rules about product data
competition-and-consumer-act-2010.pdf, p.70
56BG Rules about designated gateways
Rules about designated gateways for CDR data
56BG(1) Rules about designated gateways
Prohibits acting between the CDR consumer and the CDR participant in the making of a valid request
(1) Without limiting paragraph 56BB(c), if there is a designated gateway for CDR data for which there are one or more CDR consumers, the consumer data rules may include the following rules:
56BG(2) Rules about designated gateways
Rules about designated gateways can only include rules affecting the designated gateway if they relate to a disclosure described in paragraph (a) of this subsection.
56BG(3) Rules about designated gateways
competition-and-consumer-act-2010.pdf, p.75
Rules about accreditation for the purposes of this Part
56BH Rules about accreditation for the purposes of this Part
competition-and-consumer-act-2010.pdf, p.79
Power for CDR consumer to direct reports about valid requests and disclosures
56BI Rules about reporting, record keeping and auditing
competition-and-consumer-act-2010.pdf, p.81
Rules about incidental or related matters
56BJ Rules about incidental or related matters
The obligation is lifted under certain circumstances
The text states that persons are relieved from complying with requirements
competition-and-consumer-act-2010.pdf, p.83
56BK Further limitations on the consumer data rules
No retrospective commencement or application for consumer data rules
56BK(1) Further limitations on the consumer data rules
No overlapping temporal intervals for retrospective commencement or application
(1) The consumer data rules cannot impose on a person a requirement that has a retrospective commencement or application.
No CogAI logic applicable due to lack of temporal intervals
Prohibition of retrospective commencement or application
Classification of consumer data rules as having no retrospective commencement or application
No diffusion logic applicable due to lack of temporal intervals
No LTL logic applicable due to lack of temporal intervals
A person must disclose CDR data if they are a data holder, accredited person, or given a valid request.
56BK(2) Further limitations on the consumer data rules
Data holder, accredited person, or valid request
Despite other provisions, subsection (1) applies.
56BK(4) Further limitations on the consumer data rules
competition-and-consumer-act-2010.pdf, p.84
Consumer data rules may provide for civil penalty provisions.
56BL Obligation to comply with consumer data rules
56BM Infringement notices
Division 5 of Part XI applies to a civil penalty provision in a corresponding way.
56BM(1) Infringement notices
Division applies to a civil penalty provision.
Substitutions for references in Division 5 of Part XI
56BM(2) Infringement notices
Section does not limit application of section 56GF to Division 5 of Part XI.
56BM(3) Infringement notices
Section 56GF applies to Division 5 of Part XI within its temporal scope.
Temporal interval for section 56GF includes Division 5 of Part XI.
Division 2 of Part XI describes the extended application of Division 5 of Part XI.
Section 56GF can be applied to Division 5 of Part XI.
Division 2 of Part XI does not limit the application of section 56GF.
competition-and-consumer-act-2010.pdf, p.85
56BN Misleading or deceptive conduct—offence
Engaging in misleading or deceptive conduct is an offence.
56BN(1) Misleading or deceptive conduct—offence
Exemption from subsection (1) if conduct is not misleading or deceptive in a material particular.
56BN(2) Misleading or deceptive conduct—offence
...conduct is not misleading or deceptive in a material particular.
competition-and-consumer-act-2010.pdf, p.86
56BO Misleading or deceptive conduct—civil penalty
Misleading or deceptive conduct is prohibited.
56BO(1) Misleading or deceptive conduct—civil penalty
Exemption from civil penalty for non-misleading conduct
56BO(2) Misleading or deceptive conduct—civil penalty
Recognizes the concept of exemption in the conduct that is not misleading or deceptive in a material particular
(2) Subsection (1) does not apply if the conduct is not misleading or deceptive in a material particular.
The conduct is exempt from the civil penalty
Subsection (1) does not apply if the conduct is not misleading or deceptive in a material particular.
The diffusion of exemption applies to the conduct
Diffuses the concept of exemption to the conduct that is not misleading or deceptive in a material particular
The conduct implies exemption from the civil penalty
Implies that the conduct is exempt from the civil penalty if it is not misleading or deceptive in a material particular
Subsumes the concept of exemption under the conduct that is not misleading or deceptive in a material particular
Bears burden of adducing evidence to suggest a reasonable possibility that conduct is not misleading or deceptive.
56BO(3) Misleading or deceptive conduct—civil penalty
Bearing the burden of adducing evidence.
A reasonable possibility that conduct is not misleading or deceptive.
competition-and-consumer-act-2010.pdf, p.87
Consider certain matters before making consumer data rules.
56BP Minister’s tasks before making the rules
competition-and-consumer-act-2010.pdf, p.88
Secretary must arrange for consultation and report before making rules.
56BQ Secretary must arrange for consultation and report before the
Commission and Information Commissioner must analyse proposed rules.
56BR Commission and Information Commissioner must analyse the
competition-and-consumer-act-2010.pdf, p.89
56BS Emergency rules: public consultation not required etc.
The Minister may make consumer data rules without consulting the Commission and Information Commissioner under certain circumstances.
56BS(1) Emergency rules: public consultation not required etc.
without complying with paragraph 56BP(b) or (c); but after consulting the Commission and Information Commissioner;
Temporal interval for consultation not required.
(1) The Minister may make consumer data rules under subsection 56BA(1):
Permission to make consumer data rules without consulting the Commission and Information Commissioner.
The Minister may make consumer data rules under subsection 56BA(1):
the efficiency, integrity or stability of any aspect of the Australian economy; or the interests of consumers;
Obligation to comply with certain conditions when making consumer data rules.
if the Minister believes (whether or not that belief is reasonable) that it is necessary to do so in order to avoid a risk of serious harm to:
Recurring trace for consultation not required.
Failure to comply with section does not invalidate consumer data rules.
56BS(2) Emergency rules: public consultation not required etc.
The limited life of consumer data rules overlaps with the duration of section 56BS(2).
Consumer data rules have a limited life.
Revision or update is required for consumer data rules.
The limited life of consumer data rules implies that they are subject to revision or update.
Invalidation of consumer data rules is not justified.
Failure to comply implies invalidation of consumer data rules.
Public consultation is required for other rules.
Public consultation is implied to be required for non-consumer data rules.
Consumer data rules do not require public consultation.
The emergency rules in section 56BS(2) overlap with the consumer data rules.
Emergency rules cease after 6 months if made without consulting Commission or Information Commissioner.
56BT Emergency rules: consequences if made
Prohibits emergency rules made without consulting Commission or Information Commissioner.
competition-and-consumer-act-2010.pdf, p.90
56BU Charging a fee in inappropriate circumstances when required
Charging a fee for disclosure or use of CDR data in certain circumstances is prohibited.
56BU(1) Charging a fee in inappropriate circumstances when required
...the person charges (or causes to be charged)...
Overlapping of charging a fee for disclosure or use of CDR data in certain circumstances with other provisions.
(1) A person contravenes this subsection...
Implication of charging a fee for disclosure or use of CDR data in certain circumstances.
Prohibition of charging a fee for disclosure or use of CDR data in certain circumstances.
Propagating the prohibition of charging a fee for disclosure or use of CDR data in certain circumstances.
Recurring charging a fee for disclosure or use of CDR data in certain circumstances.
Charging a fee in inappropriate circumstances when required is prohibited. Prohibition on charging a fee in inappropriate circumstances when required
56BU(2) Charging a fee in inappropriate circumstances when required
Temporal interval for charging a fee in inappropriate circumstances.
(2) This subsection applies if: (a) any fee (the reasonable fee): (i) that has been determined under subsection 56BV(1) or
Recognition of charging a fee in inappropriate circumstances.
Prohibition of charging a fee in inappropriate circumstances.
Forbids charging a fee in certain circumstances
Diffusion of charging a fee in inappropriate circumstances.
Temporal trace for charging a fee in inappropriate circumstances.
competition-and-consumer-act-2010.pdf, p.91
56BV Commission may intervene if fee for disclosing or using
Commission may determine fee for disclosing or using CDR data
56BV(1) Commission may intervene if fee for disclosing or using
Commission may determine a fee for disclosing or using chargeable CDR data.
56BV(2) Commission may intervene if fee for disclosing or using
competition-and-consumer-act-2010.pdf, p.102
56CA Granting accreditations
Granting accreditation to a person if criteria are met
56CA(1) Granting accreditations
Granting accreditations to individuals not meeting certain citizenship requirements.
56CA(2) Granting accreditations
No compensation is payable if accreditation is varied, transferred, suspended, or revoked.
56CA(3) Granting accreditations
Granting of accreditation imposes an obligation.
Application for review of decision refusing accreditation
56CB Review of decisions refusing to accredit
56CE Register of Accredited Persons
Establish and maintain a register for the purposes of this Part.
56CE(1) Register of Accredited Persons
The Accreditation Registrar must maintain the register by electronic means.
56CE(2) Register of Accredited Persons
The register is not a legislative instrument.
56CE(3) Register of Accredited Persons
The consumer data rules may make provision for or in relation to the inclusion of entries for accredited persons.
56CE(4) Register of Accredited Persons
The consumer data rules must make provision for or in relation to the inclusion of entries for accredited persons.
competition-and-consumer-act-2010.pdf, p.103
56CF Evidentiary value of the register
The register is admissible as prima facie evidence.
56CF(1) Evidentiary value of the register
The Accreditation Registrar must issue a document containing the details of a matter taken from the register.
56CF(2) Evidentiary value of the register
Exhibit admissible as prima facie evidence
56CF(3) Evidentiary value of the register
The Minister must appoint a CDR Accreditor.
56CG Appointment of the CDR Accreditor
competition-and-consumer-act-2010.pdf, p.104
56CH Functions, powers and annual report
The CDR Accreditor has specific functions to accredit persons.
56CH(1) Functions, powers and annual report
The CDR Accreditor has specific functions.
The CDR Accreditor has the power to do all other things necessary or convenient.
56CH(2) Functions, powers and annual report
Functions and powers of CDR Accreditor are taken to include certain functions and powers.
56CH(3) Functions, powers and annual report
Annual report must include information about the performance of the CDR Accreditor’s functions and powers.
56CH(4) Functions, powers and annual report
The CDR Accreditor must prepare an annual report.
competition-and-consumer-act-2010.pdf, p.105
56CI Directions by Minister
The Minister may give written directions to the CDR Accreditor.
56CI(1) Directions by Minister
A direction under subsection (1) must be of a general nature only.
56CI(2) Directions by Minister
56CI(3) Directions by Minister
56CJ Delegation
Delegation of functions or powers to SES employees and APS employees
56CJ(1) Delegation
Delegate must comply with directions of CDR Accreditor.
56CJ(2) Delegation
competition-and-consumer-act-2010.pdf, p.106
56CK Appointment of the Accreditation Registrar
Minister must appoint Accreditation Registrar
56CK(1) Appointment of the Accreditation Registrar
(1) The Minister may, by written instrument, appoint as the Accreditation Registrar a person who:
Minister can terminate appointment by written instrument.
56CK(2) Appointment of the Accreditation Registrar
56CL Functions, powers and annual report
List of functions of the Accreditation Registrar
56CL(1) Functions, powers and annual report
The Accreditation Registrar has power to perform necessary tasks.
56CL(2) Functions, powers and annual report
The Accreditation Registrar performs during.
(2) The Accreditation Registrar has the power to do all other things necessary or convenient...
(2) The Accreditation Registrar has the power...
Clarifies functions and powers of the Accreditation Registrar
56CL(3) Functions, powers and annual report
both: (a) the person’s functions and powers in their capacity other than as the Accreditation Registrar; and (b) if the person is not a body corporate—the functions that may be performed, and the powers that may be exercised by anyone appointed under a Commonwealth law to act as the person in that primary capacity
Functions and powers during Accreditation Registrar role
(3) To avoid doubt, for a person who is the Accreditation Registrar
(b) the functions that may be performed, and the powers that may be exercised by anyone appointed under a Commonwealth law to act as the person in that primary capacity
Includes functions and powers of other roles
(a) the person’s functions and powers in their capacity other than as the Accreditation Registrar
Annual report must include information about Accreditation Registrar's functions and powers.
56CL(4) Functions, powers and annual report
Must provide information about Accreditation Registrar's functions and powers.
competition-and-consumer-act-2010.pdf, p.107
56CM Directions by Minister
The Minister may give written directions to the Accreditation Registrar.
56CM(1) Directions by Minister
Direction must be of a general nature only.
56CM(2) Directions by Minister
Must provide direction of general nature
(2) A direction under subsection (1) must be of a general nature only.
The Accreditation Registrar must comply with a direction under subsection (1).
56CM(3) Directions by Minister
Delegation of Accreditation Registrar's functions or powers
56CN Delegation
competition-and-consumer-act-2010.pdf, p.109
56DA Minister may recognise external dispute resolution schemes
Minister may recognise external dispute resolution schemes
56DA(1) Minister may recognise external dispute resolution schemes
Permission to recognise external dispute resolution schemes
The Minister must specify a period for recognition and conditions.
56DA(2) Minister may recognise external dispute resolution schemes
The Minister must specify a period and conditions.
Consideration before recognising external dispute resolution scheme
56DA(3) Minister may recognise external dispute resolution schemes
Consideration period is before recognising scheme
Minister must consider before recognising scheme
Before recognising scheme, Minister considers Chapter 4 provisions
Minister must consider Chapter 4 provisions
competition-and-consumer-act-2010.pdf, p.111
Failure to comply with privacy safeguards may lead to consequences.
56EA Simplified outline
Obligation to comply with privacy safeguards.
Classifies data holders, gateways, and service providers as entities subject to privacy safeguards.
56EB Kinds of CDR data to which the privacy safeguards apply
Privacy safeguards apply only to CDR data with identifiable persons
56EB(1) Kinds of CDR data to which the privacy safeguards apply
Privacy safeguards apply to CDR data regardless of truth value.
56EB(2) Kinds of CDR data to which the privacy safeguards apply
CDR data is subject to privacy safeguards during these periods
Privacy safeguards are in effect during certain periods
CDR data is subject to privacy safeguards
competition-and-consumer-act-2010.pdf, p.112
56EC Relationship with other laws
Precedence of privacy safeguards over consumer data rules in case of inconsistency.
56EC(1) Relationship with other laws
Inconsistency resolved by prioritizing privacy safeguards.
Privacy safeguards prevail over consumer data rules.
Consumer data rules must be consistent with privacy safeguards.
56EC(2) Relationship with other laws
Privacy safeguards are not covered by consumer data rules.
Consumer data rules are a subclass of privacy safeguards.
The consumer data rules are taken to be consistent with the privacy safeguards.
Part IIIA of Privacy Act 1988 applies to CDR data under specified circumstances.
56EC(3) Relationship with other laws
Specifies temporal overlap between regulations and declared conditions.
(3) This Division does not limit Part IIIA (about credit reporting) of the Privacy Act 1988.
Imposes an obligation on the regulations.
Specifies implications for regulations under declared conditions.
Specifies temporal relationship between regulations and declared conditions.
However, the regulations may declare that in specified circumstances that Part applies in relation to CDR data as if specified provisions of that Part were omitted, modified or varied as specified in the declaration.
Australian Privacy Principles do not apply to certain individuals in relation to CDR data.
56EC(4) Relationship with other laws
Prevents application of Australian Privacy Principles.
Classifies individuals as exempt from Australian Privacy Principles.
No effect on Australian Privacy Principles for certain entities
56EC(5) Relationship with other laws
Obligation to maintain privacy principles
No effect on Australian Privacy Principles
competition-and-consumer-act-2010.pdf, p.114
56ED Privacy safeguard 1—open and transparent management of
Ensure open and transparent management of CDR data
56ED(1) Privacy safeguard 1—open and transparent management of
(a) is a data holder of CDR data; or (b) is an accredited person...
Implement practices, procedures and systems to comply with the Part and consumer data rules.
56ED(2) Privacy safeguard 1—open and transparent management of
to implement practices, procedures and systems that will ensure that the CDR entity complies with this Part and the consumer data rules.
Implement practices, procedures and systems within a reasonable timeframe
(2) The CDR entity must take such steps as are reasonable in the circumstances
The CDR entity must take such steps as are reasonable in the circumstances
to enable the CDR entity to deal with inquiries or complaints from a CDR consumer for the CDR data about the CDR entity’s compliance with this Part or the consumer data rules.
Enable dealing with inquiries or complaints
(a) is about the CDR entity’s management of CDR data; (b) is in a form approved in accordance with the consumer data rules; (c) contains the information required by subsections (4), (5), (6) and (6A)
Must have and maintain a clearly expressed policy on CDR data management
56ED(3) Privacy safeguard 1—open and transparent management of
Mandatory disclosure of CDR data access and complaint procedures
56ED(4) Privacy safeguard 1—open and transparent management of
CDR entity must provide certain information to accredited data recipients
56ED(5) Privacy safeguard 1—open and transparent management of
competition-and-consumer-act-2010.pdf, p.117
56EE Privacy safeguard 2—anonymity and pseudonymity
Must provide option to use pseudonym or not identify when dealing with CDR data.
56EE(1) Privacy safeguard 2—anonymity and pseudonymity
Option for CDR data access through designated gateway
56EE(2) Privacy safeguard 2—anonymity and pseudonymity
Exemption from subsection (1) for consumer data rules
56EE(3) Privacy safeguard 2—anonymity and pseudonymity
competition-and-consumer-act-2010.pdf, p.118
56EF Privacy safeguard 3—soliciting CDR data from participants
Do not seek to collect CDR data from another person without valid request and compliance with consumer data rules.
56EF(1) Privacy safeguard 3—soliciting CDR data from participants
Collection of CDR data from participants must comply with consumer data rules.
56EF(2) Privacy safeguard 3—soliciting CDR data from participants
Collection must occur between valid request and designated gateway
competition-and-consumer-act-2010.pdf, p.119
Destroy CDR data as soon as practicable after collecting it if certain conditions are met.
56EG Privacy safeguard 4—dealing with unsolicited CDR data from
The collector collected the CDR data while covered by column 1 of an item of the table, and from a person covered by column 2 of that item.
Destroy CDR data as soon as practicable after collecting it.
Prohibition on destroying CDR data under certain conditions
The collector collected the CDR data not as the result of seeking to collect the CDR data under the consumer data rules.
Recurring obligation to destroy CDR data
competition-and-consumer-act-2010.pdf, p.120
Accredited data recipient must notify CDR consumers of collection
56EH Privacy safeguard 5—notifying of the collection of CDR data
competition-and-consumer-act-2010.pdf, p.121
56EI Privacy safeguard 6—use or disclosure of CDR data by
Use or disclosure of CDR data is prohibited unless certain conditions are met.
56EI(1) Privacy safeguard 6—use or disclosure of CDR data by
No use or disclosure of CDR data without authorisation under consumer data rules.
56EI(2) Privacy safeguard 6—use or disclosure of CDR data by
...and the designated gateway makes a written note of the use or disclosure in accordance with the consumer data rules.
Temporal interval for written note of use or disclosure.
(2) A designated gateway for CDR data must not use or disclose it unless: (a) in the case of a disclosure—the disclosure is required under the consumer data rules; or (b) the use or disclosure is authorised under the consumer data rules; or (c) the use or disclosure is required or authorised by or under:
Knowledge representation for CDR data handling.
...unless: (a) in the case of a disclosure—the disclosure is required under the consumer data rules; or (b) the use or disclosure is authorised under the consumer data rules; or (c) the use or disclosure is required or authorised by or under:
Prohibition of use or disclosure without authorisation.
(2) A designated gateway for CDR data must not use or disclose it...
Diffusion of CDR data handling requirements.
competition-and-consumer-act-2010.pdf, p.122
56EJ Privacy safeguard 7—use or disclosure of CDR data for direct
Use or disclosure of CDR data for direct marketing without consent is prohibited.
56EJ(1) Privacy safeguard 7—use or disclosure of CDR data for direct
Prohibition of use or disclosure for direct marketing.
(1) An accredited data recipient of CDR data must not use or disclose it...
No direct marketing use or disclosure of CDR data without authorization under consumer data rules.
56EJ(2) Privacy safeguard 7—use or disclosure of CDR data for direct
...unless: (a) in the case of a disclosure—the disclosure is required under the consumer data rules; or (b) the use or disclosure is authorised under the consumer data rules.
Temporal interval for prohibition on direct marketing use or disclosure of CDR data.
(2) A designated gateway for CDR data must not...
Justification for prohibition on direct marketing use or disclosure of CDR data.
Prohibition of direct marketing use or disclosure of CDR data.
Diffusion of prohibition on direct marketing use or disclosure of CDR data.
Recurring trace for prohibition on direct marketing use or disclosure of CDR data.
56EK Privacy safeguard 8—overseas disclosure of CDR data by
Must not disclose CDR data unless certain conditions are met.
56EK(1) Privacy safeguard 8—overseas disclosure of CDR data by
Disclosure of CDR data to new recipient is allowed under certain conditions.
56EK(2) Privacy safeguard 8—overseas disclosure of CDR data by
Allows disclosure of CDR data to new recipient.
competition-and-consumer-act-2010.pdf, p.124
56EL Privacy safeguard 9—adoption or disclosure of government
Do not adopt or use government related identifier without authorization.
56EL(1) Privacy safeguard 9—adoption or disclosure of government
Government related identifier classification
Disclosing government-related identifier without authorization is prohibited.
56EL(2) Privacy safeguard 9—adoption or disclosure of government
must not include the government related identifier in the disclosure unless...
the person must not include the government related identifier in the disclosure unless...
Classification of disclosure requirements
Disregard APPs not applying to certain purposes
56EL(3) Privacy safeguard 9—adoption or disclosure of government
competition-and-consumer-act-2010.pdf, p.125
56EM Privacy safeguard 10—notifying of the disclosure of CDR
notification specified in consumer data rules
Notify CDR consumers of disclosure of CDR data
56EM(1) Privacy safeguard 10—notifying of the disclosure of CDR
Accredited data recipient must notify disclosure of CDR data.
56EM(2) Privacy safeguard 10—notifying of the disclosure of CDR
competition-and-consumer-act-2010.pdf, p.127
56EN Privacy safeguard 11—quality of CDR data
Ensure accuracy, completeness, and timeliness of CDR data upon disclosure.
56EN(1) Privacy safeguard 11—quality of CDR data
Accredited data recipient must ensure CDR data is accurate, up to date and complete when disclosing it.
56EN(2) Privacy safeguard 11—quality of CDR data
the CDR data is accurate, up to date and complete.
CDR data must be accurate, up to date and complete within a certain timeframe.
(2) If an accredited data recipient of CDR data...
the accredited data recipient must take reasonable steps...
Accredited data recipient must ensure CDR data is accurate, up to date and complete if required or authorized under the consumer data rules.
Must ensure CDR data is accurate, up to date and complete.
CDR data must be accurate, up to date and complete in a spreading manner.
CDR data must be accurate, up to date and complete in a recursive manner.
Ensure CDR data is accurate, up to date and complete
56EN(2A) Privacy safeguard 11—quality of CDR data
competition-and-consumer-act-2010.pdf, p.129
56EO Privacy safeguard 12—security of CDR data, and destruction
Protect CDR data from misuse, interference and loss.
56EO(1) Privacy safeguard 12—security of CDR data, and destruction
Defines temporal intervals for protection of CDR data
(1) Each person (a CDR entity) who is:...
take the steps specified in the consumer data rules to protect the CDR data from misuse, interference and loss.
(a) an accredited data recipient of CDR data; or (b) a designated gateway for CDR data;
Destroy redundant CDR data if no longer needed for permitted purposes and not required by law or court order.
56EO(2) Privacy safeguard 12—security of CDR data, and destruction
The CDR entity will destroy the redundant data during the period it retains it.
Temporal relationship between the CDR entity's retention of redundant data and its destruction
the CDR entity must take the steps specified in the consumer data rules to destroy the redundant data or to ensure that the redundant data is de-identified.
The CDR entity has an obligation to destroy the redundant data.
The CDR entity has an obligation to ensure that the redundant data is de-identified.
Mandatory duty for the CDR entity to ensure that the redundant data is de-identified
Mandatory duty for the CDR entity to destroy redundant data if not required by law or court order
the CDR entity is not required to retain the redundant data by or under an Australian law or a court/tribunal order.
competition-and-consumer-act-2010.pdf, p.130
56EP Privacy safeguard 13—correction of CDR data
CDR entity must respond to request to correct CDR data
56EP(1) Privacy safeguard 13—correction of CDR data
Accredited data recipient must respond to correction request
56EP(2) Privacy safeguard 13—correction of CDR data
Notice of correction or statement, or notice of why a correction or statement is unnecessary or inappropriate.
Correct CDR data or provide a statement with it to ensure accuracy and completeness.
56EP(3) Privacy safeguard 13—correction of CDR data
Disregard purpose of holding CDR data for disclosure under consumer data rules
56EP(4) Privacy safeguard 13—correction of CDR data
Imposes duty on the state to disregard purpose for disclosure
competition-and-consumer-act-2010.pdf, p.131
Information Commissioner's functions include promoting compliance and protection of CDR data.
56EQ Information Commissioner to promote compliance etc.
competition-and-consumer-act-2010.pdf, p.132
56ER Information Commissioner may conduct an assessment
The Information Commissioner may conduct an assessment to ensure compliance with privacy safeguards and consumer data rules.
56ER(1) Information Commissioner may conduct an assessment
The Information Commissioner must conduct an assessment.
The Information Commissioner may assess an accredited person's compliance with privacy safeguard 1 and consumer data rules.
56ER(1A) Information Commissioner may conduct an assessment
The Information Commissioner may assess if an action service provider is maintaining and handling CDR data in accordance with privacy safeguards.
56ER(1B) Information Commissioner may conduct an assessment
...who has been or may be disclosed CDR data under the consumer data rules, is maintaining and handling the CDR data in accordance with:
The action service provider must have maintained and handled CDR data for at least one time period.
(1B) The Information Commissioner may assess...
The action service provider defaults to maintaining and handling CDR data if no specific rule applies.
...is maintaining and handling the CDR data in accordance with:
The Information Commissioner must assess if an action service provider is maintaining and handling CDR data in accordance with privacy safeguards.
The action service provider is a type of entity that must maintain and handle CDR data.
The action service provider must maintain and handle CDR data inherently.
The action service provider must maintain and handle CDR data for all time periods.
Information Commissioner may conduct an assessment under subsection (1), (1A) or (1B)
56ER(2) Information Commissioner may conduct an assessment
Must report assessments to specified parties
56ER(3) Information Commissioner may conduct an assessment
competition-and-consumer-act-2010.pdf, p.133
Notification of CDR data security breaches
56ES Notification of CDR data security breaches
competition-and-consumer-act-2010.pdf, p.135
Investigating breaches of privacy safeguards
56ET Investigating breaches of the privacy safeguards etc.
Imposes a duty on the state to investigate breaches of privacy safeguards
competition-and-consumer-act-2010.pdf, p.139
56EU Civil penalty provisions
56EU(1) Civil penalty provisions
Each privacy safeguard penalty provision is enforceable under Part 4 of the Regulatory Powers Act.
56EU(2) Civil penalty provisions
The privacy safeguard penalty provision can be enforced under Part 4 of the Regulatory Powers Act during its effective period.
Temporal interval during which enforcement is allowed
Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
The privacy safeguard penalty provision is enforceable under Part 4 of the Regulatory Powers Act.
The privacy safeguard penalty provision is allowed under Part 4 of the Regulatory Powers Act.
Enforcement allowed by Part 4 of the Regulatory Powers Act
competition-and-consumer-act-2010.pdf, p.141
56EV Civil penalty provisions—maximum amount of penalty
Maximum amount of civil penalty for a body corporate
56EV(1) Civil penalty provisions—maximum amount of penalty
The pecuniary penalty payable must not be more than...
Prohibits exceeding maximum civil penalty amount
(1) Despite subsection 82(5) of the Regulatory Powers Act...
Maximum penalty amount for contravention of privacy safeguard penalty provision
56EV(2) Civil penalty provisions—maximum amount of penalty
...10% of the adjusted turnover of the body corporate during the 12-month period ending at the end of the month in which the contravention happened or began.
Limits maximum penalty to within 12-month period
(2) For the purposes of subsection (1), the maximum penalty amount for a contravention by a body corporate of a privacy safeguard penalty provision is...
...if that court cannot determine the value of that benefit—10% of the adjusted turnover of the body corporate during the 12-month period ending at the end of the month in which the contravention happened or began.
Prohibits contravention of privacy safeguard penalty provision
...and that is reasonably attributable to the contravention—3 times the value of that benefit;
Spreads calculation to related bodies corporate
Recurring trace for calculation of benefit value
56EV(4) Civil penalty provisions—maximum amount of penalty
competition-and-consumer-act-2010.pdf, p.142
56EW Enforceable undertakings
Each provision of the privacy safeguards is enforceable under Part 6 of the Regulatory Powers Act.
56EW(1) Enforceable undertakings
Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.
Provision is enforceable under Part 6 of the Regulatory Powers Act within the temporal interval of Part 6 of the Regulatory Powers Act.
(1) Each provision of the privacy safeguards is enforceable under Part 6 of the Regulatory Powers Act.
Provision is enforceable under Part 6 of the Regulatory Powers Act.
Provision is enforceable under Part 6 of the Regulatory Powers Act as part of its framework.
Authorises Information Commissioner as authorised person for provisions under subsection (1)
56EW(2) Enforceable undertakings
Information Commissioner is an authorised person
List of relevant courts for enforcement of provisions under Part 6 of the Regulatory Powers Act
56EW(3) Enforceable undertakings
56EX Injunctions
Enforceability of privacy safeguards under Part 7 of the Regulatory Powers Act.
56EX(1) Injunctions
The enforcement applies during this temporal interval.
Temporal interval during which enforcement applies
Each provision of the privacy safeguards is enforceable under Part 7 of the Regulatory Powers Act.
The artificial intelligence mechanism fulfills this obligation.
Artificial intelligence mechanism through which obligations are fulfilled
Privacy safeguards are enforceable under Part 7 of the Regulatory Powers Act.
Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.
The enforcement mechanism fulfills this obligation.
Enforcement mechanism through which obligations are fulfilled
56EX(2) Injunctions
List of relevant courts for a provision in the Regulatory Powers Act
56EX(3) Injunctions
These courts overlap with the concept of a relevant court
The list of relevant courts overlaps with the concept 'relevant court'
The Federal Court, Federal Circuit and Family Court of Australia (Division 2), and State or Territory courts are mentioned as examples
These courts are recognized by the provision
The list of relevant courts is recognized by the provision
These courts must be considered when applying the provision
List of relevant courts is a condition for the provision
The Federal Court, Federal Circuit and Family Court of Australia (Division 2), and State or Territory courts are mentioned
These courts diffuse into the concept of a relevant court
The list of relevant courts diffuses into the concept 'relevant court'
These courts have a specific order in relation to the provision
The list of relevant courts is ordered by jurisdiction
State or Territory courts are mentioned after Federal Court and Federal Circuit and Family Court of Australia (Division 2)
competition-and-consumer-act-2010.pdf, p.143
56EY Actions for damages
Recovery of damages for contravention of privacy safeguards or consumer data rules
56EY(1) Actions for damages
by action against that other person or against any person involved in the contravention.
Temporal interval for recovery of damages
(1) A person who suffers loss or damage (within the meaning of subsection 25(1) of the Privacy Act 1988)
may recover the amount of the loss or damage by action against that other person or against any person involved in the contravention.
Recovery of damages entails a claim for damages
Obligation to recover damages for contravention of privacy safeguards or consumer data rules
Recovery of damages diffuses to all persons involved
Action for damages can be commenced within 6 years after the contravention happened or began.
56EY(2) Actions for damages
Permission to commence action within a time limit
competition-and-consumer-act-2010.pdf, p.145
56EZ Delegation to the Commission etc.
competition-and-consumer-act-2010.pdf, p.147
56FA Making data standards
The Data Standards Chair may make data standards about various matters.
56FA(1) Making data standards
The Data Standards Chair's power to make data standards is within their authority.
(1) The Data Standards Chair may, by writing, make one or more data standards about each of the following matters:
The making of data standards implies a duty on the part of the Data Standards Chair.
The making of data standards implies a duty on the part of the Data Standards Chair to provide clear and consistent rules.
The Data Standards Chair has the power to make data standards.
The Data Standards Chair classifies matters for which data standards are made.
(a) the format and description of CDR data;
The making of data standards implies a duty on the part of the Data Standards Chair to diffuse their authority.
Comply with consumer data rules when making, varying or revoking a data standard
56FA(2) Making data standards
Obligation to comply with consumer data rules
competition-and-consumer-act-2010.pdf, p.148
56FB What data standards can set out etc.
A single data standard may set out different provisions for different designated sectors, classes of CDR data, types of CDR actions, classes of persons, classes of action service providers, and classes of accredited persons.
56FB(1) What data standards can set out etc.
A separate data standard could deal with each of the different classes or types referred to in any of paragraphs (1)(b) to (d) of this section.
56FB(2) What data standards can set out etc.
competition-and-consumer-act-2010.pdf, p.149
56FC Data standards must be published
56FD Legal effect of data standards
Agrees to observe standard and engage in conduct required by the standard.
56FD(1) Legal effect of data standards
(d) agrees to engage in conduct that the person is required by the standard to engage in.
The contract is in force between the data holder and accredited persons during the overlap of their engagement with the standard.
(c) agrees to observe the standard to the extent that the standard applies to the person;
The state enforces the obligations of the data holder and accredited persons to observe the standard and engage in conduct required by it.
A contract is taken to be in force between: (a) a data holder of CDR data to which a binding data standard applies;
Agreement to observe standard and engage in conduct required by the standard.
(a) a data holder of CDR data to which a binding data standard applies;
Data holder and accredited persons are part of a class included in the data standard.
The data holder and accredited persons diffuse their obligations to observe the standard and engage in conduct required by it.
The contract is in force until the data holder and accredited persons cease to observe the standard and engage in conduct required by it.
56FD(2) Legal effect of data standards
the person engages in conduct during the applicable period.
Agrees to engage in conduct during the applicable period.
(e) agrees to engage in conduct that the person is required by the standard to engage in;
the person agrees to observe the standard and engage in conduct.
Agrees to observe standard implies engagement in conduct.
(d) agrees to observe the standard to the extent that the standard applies to the person; (e) agrees to engage in conduct that the person is required by the standard to engage in;
the data holder asserts that the standard applies to them.
Data holder asserts standard applies to themselves.
(d) agrees to observe the standard to the extent that the standard applies to the person;
(d) agrees to observe the standard to the extent that the standard applies to the person; and (e) agrees to engage in conduct that the person is required by the standard to engage in.
(a) a data holder of the CDR data; (b) the designated gateway for the CDR data; (c) each accredited person;
the data holder's agreement diffuses through the gateway and accredited persons.
Data holder's agreement diffuses through gateway and accredited persons.
Contract in force between action service provider and data standard
56FD(2A) Legal effect of data standards
(2A) A contract is taken to be in force between:
a type of CDR action to which a binding data standard applies
competition-and-consumer-act-2010.pdf, p.150
56FE Enforcement of binding data standards
Failure to comply with binding data standard obligation
56FE(1) Enforcement of binding data standards
Court may give directions to comply with binding data standard
56FE(2) Enforcement of binding data standards
An obligation to comply with a binding data standard includes an obligation arising under a contract.
56FE(3) Enforcement of binding data standards
Subdivision relation for data standards chair.
competition-and-consumer-act-2010.pdf, p.151
There is an obligation to have a Data Standards Chair.
56FF Data Standards Chair
56FG Appointment of the Data Standards Chair
56FG(1) Appointment of the Data Standards Chair
...by the Minister by written instrument.
(1) The Data Standards Chair is to be appointed, on a full-time basis or...
(1) The Data Standards Chair is to be appointed...
Data Standards Chair must hold office for a specified period not exceeding 3 years.
56FG(2) Appointment of the Data Standards Chair
56FH Functions and powers of the Data Standards Chair
The Data Standards Chair has specific functions to make and review standards.
56FH(1) Functions and powers of the Data Standards Chair
The Data Standards Chair has specific functions.
Establishment of committees, advisory panels and consultative groups.
56FH(2) Functions and powers of the Data Standards Chair
Has the power to establish committees, advisory panels and consultative groups.
The Minister may give written directions to the Data Standards Chair.
56FI Directions by Minister
competition-and-consumer-act-2010.pdf, p.152
56FJ Appointment of the Data Standards Body
The Minister has the obligation to appoint a Data Standards Body.
56FJ(1) Appointment of the Data Standards Body
Minister may terminate appointment by written instrument.
56FJ(2) Appointment of the Data Standards Body
56FK Function and powers of the Data Standards Body
The Data Standards Body must assist the Data Standards Chair.
56FK(1) Function and powers of the Data Standards Body
Power to perform necessary or convenient actions
56FK(2) Function and powers of the Data Standards Body
Comply with consumer data rules when assisting the Data Standards Chair.
56FK(3) Function and powers of the Data Standards Body
Functions and powers of the Data Standards Body are taken to include other functions and powers.
56FK(4) Function and powers of the Data Standards Body
competition-and-consumer-act-2010.pdf, p.153
The Minister may appoint a person to act as Data Standards Chair.
56FL Acting appointments
56FM Terms and conditions
Terms and conditions for Data Standards Chair office
56FM(1) Terms and conditions
Exemption from subsection (1) for the Data Standards Chair while Minister.
56FM(2) Terms and conditions
Data Standards Chair must be paid remuneration determined by the Remuneration Tribunal or prescribed by regulations.
56FN Remuneration
competition-and-consumer-act-2010.pdf, p.154
56FO Leave
Recreation leave entitlements for Data Standards Chair appointed on a full-time basis.
56FO(1) Leave
entitlements apply during the term of appointment
Recreation leave entitlements apply during term of appointment
Data Standards Chair appointed on a full-time basis for a specified term
recreation leave entitlements imply certain rights
Recreation leave entitlements imply data standards chair has certain rights
Data Standards Chair appointed on a full-time basis implies certain rights and entitlements
recreation leave entitlements imply certain capabilities
Recreation leave entitlements imply data standards chair has certain capabilities
Data Standards Chair appointed on a full-time basis implies certain capabilities and abilities
Data Standards Chair appointed on a full-time basis
recreation leave entitlements imply certain responsibilities
Recreation leave entitlements imply data standards chair has certain responsibilities
Data Standards Chair appointed on a full-time basis implies certain responsibilities and obligations
Minister may grant Data Standards Chair leave of absence
56FO(2) Leave
Secretary may grant leave of absence to Data Standards Chair on terms and conditions determined by Secretary.
56FO(3) Leave
56FP Application of the finance law etc.
The Data Standards Chair is taken to be an official of the Department.
56FP(1) Application of the finance law etc.
Must include information about performance and exercise of Data Standards Chair's functions in annual report.
56FP(2) Application of the finance law etc.
Annual report must include information about the Data Standards Chair's functions and powers.
56FP(3) Application of the finance law etc.
Must provide information about the Data Standards Chair's functions and powers.
Annual report must contain information about the Data Standards Chair's functions and powers.
competition-and-consumer-act-2010.pdf, p.155
56FQ Resignation
Resignation obligation of Data Standards Chair
56FQ(1) Resignation
Resignation takes effect on specified day
56FQ(2) Resignation
56FR Termination of appointment
Minister may terminate appointment of Data Standards Chair for misbehaviour or incapacity.
56FR(1) Termination of appointment
Termination of appointment under certain conditions.
56FR(2) Termination of appointment
The termination can occur within this time frame.
Defines temporal interval for termination.
(2) The Minister may terminate the appointment...
The Data Standards Chair's appointment can be terminated only under these conditions.
Prohibits termination without specified grounds.
competition-and-consumer-act-2010.pdf, p.156
56FS Delegation
Delegation of functions or powers to SES employees, APS employees, and others.
56FS(1) Delegation
Specifies the temporal interval during which delegation can occur
Exempts Data Standards Chair from subsection (1) application
56FS(2) Delegation
Delegate must comply with Data Standards Chair directions
56FS(3) Delegation
Comply with Data Standards Chair directions
competition-and-consumer-act-2010.pdf, p.158
56GA CDR functions of the Information Commissioner
The Information Commissioner has certain functions and may consult with others about matters relevant to the operation of this Part. Delegation of functions or powers under this Part
56GA(1) CDR functions of the Information Commissioner
The Information Commissioner may consult with others about matters relevant to the operation of this Part during certain times.
(b) to consult with or advise any of the following:
The Information Commissioner has certain functions.
The Information Commissioner may consult with others about matters relevant to the operation of this Part.
The Information Commissioner must consult with others about matters relevant to the operation of this Part.
The Information Commissioner may delegate certain functions to others.
Note: The Commission may also delegate to the Information Commissioner any of the Commission’s functions relating to this Part (see subsection 26(3)).
Delegate Minister's functions to SES employees or acting SES employees.
56GA(1A) CDR functions of the Information Commissioner
...functions or powers included: (a) as described in paragraph 56BHA(1)(j); and (b) in the consumer data rules;
...delegate all or any of the Minister’s functions or powers included...
...SES employee, or an acting SES employee, in the Department or in the Commission.
...to an SES employee, or an acting SES employee.
Delegation by the Secretary must comply with written directions of the Minister.
56GA(1B) CDR functions of the Information Commissioner
Request or initiative for performing functions Delegate must comply with written directions of the Secretary.
56GA(2) CDR functions of the Information Commissioner
competition-and-consumer-act-2010.pdf, p.159
56GB Referring to instruments as in force from time to time
List of instruments subject to this section
56GB(1) Referring to instruments as in force from time to time
Allows instruments to incorporate or adopt provisions from other instruments or writings.
56GB(2) Referring to instruments as in force from time to time
competition-and-consumer-act-2010.pdf, p.160
56GC Complying with CDR requirements etc.: protection from
Protection from liability for complying with CDR requirements
56GC(1) Complying with CDR requirements etc.: protection from
Obligation to comply with CDR requirements
Acting in good faith and compliance with CDR provisions
CDR entity acting as described in an item of the table
Evidential burden for relying on subsection (1) in civil actions or proceedings
56GC(2) Complying with CDR requirements etc.: protection from
A person who wishes to rely on subsection (1) in relation to a civil action or civil proceeding bears an evidential burden...
Temporal interval for evidentiial burden
Burden of proof for relying on subsection (1)
Evidential burden for relying on subsection (1)
Trace of evidential burden for relying on subsection (1)
56GC(3) Complying with CDR requirements etc.: protection from
Imposes a duty on the state to provide evidence
Defines evidential burden for clarity and precision
competition-and-consumer-act-2010.pdf, p.161
56GD Exemptions by the Commission
56GD(1) Exemptions by the Commission
Commission may exempt a person from provisions covered by this section.
56GD(2) Exemptions by the Commission
Exemptions under subsection (2) may be limited to a specified period or apply unconditionally.
56GD(3) Exemptions by the Commission
Commission must publish exemption details on its website.
56GD(4) Exemptions by the Commission
competition-and-consumer-act-2010.pdf, p.162
56GE Exemptions and modifications by regulations
Exemptions and modifications by regulations
56GE(1) Exemptions and modifications by regulations
56GE(2) Exemptions and modifications by regulations
Exemptions and modifications by regulations may be limited to a specified period or apply unconditionally.
56GE(3) Exemptions and modifications by regulations
competition-and-consumer-act-2010.pdf, p.163
56GF Application of the CDR provisions
A person is subject to the CDR provisions if they act or omit to act in a way that affects a corporation's activities.
56GF(1) Application of the CDR provisions
(1) The CDR provisions apply to a person if: (a) the person is a corporation; or (b) the person is not a corporation, but the person: (i) acts; or (ii) omits to act; in a way that affects, is capable of affecting or is taken with intent to affect the activities, functions, relationships or business of a corporation.
Obligation to act or omit to act in a way that affects a corporation's activities.
The CDR provisions apply to certain businesses and services.
56GF(2) Application of the CDR provisions
Temporal relationship between CDR provisions and industries/services
competition-and-consumer-act-2010.pdf, p.165
56GG Compensation for acquisition of property
Compensation for acquisition of property on just terms
56GG(1) Compensation for acquisition of property
Person acquiring property must pay reasonable compensation to first-mentioned person.
56GG(2) Compensation for acquisition of property
Compensation for acquisition of property: proceedings in Federal Court or Supreme Court
56GG(3) Compensation for acquisition of property
56GH Review of the operation of this Part
The Minister must conduct an independent review of the operation of this Part.
56GH(1) Review of the operation of this Part
The Minister must conduct an independent review.
Must complete review report before July 1, 2022.
56GH(2) Review of the operation of this Part
Minister must table report in each House of Parliament within 15 sitting days.
56GH(3) Review of the operation of this Part
competition-and-consumer-act-2010.pdf, p.166
Promote competition, establish fair playing field, and protect safety information.
57AA Objects of Part
Supply of scheme information to Australian repairers and scheme RTOs is required.
57AB Simplified outline
Must provide scheme information at fair market value.
Data providers must protect individuals accessing scheme information from civil claims.
Multiple obligations apply to data providers and Australian repairers/scheme RTOs.
competition-and-consumer-act-2010.pdf, p.168
57BA Meaning of scheme vehicle
vehicle was manufactured before this date if it does not meet the criteria
vehicles manufactured on or after January 1, 2002, meet the criteria
vehicle is a scheme vehicle if it meets these criteria
scheme rules prescribe definitions and categories for vehicles
A person is an Australian repairer if they carry on or actively seek to carry on a business involving diagnosing faults with, servicing, repairing, modifying or dismantling scheme vehicles.
57BB Meaning of Australian repairer
The business activities occur during the period of diagnosis
Temporal relationship between business activities and diagnosis
A person carries on or actively seeks to carry on a business...
The person is an Australian repairer if they carry on or actively seek to carry on such a business
Business activities imply Australian repairer status
The person has the cognitive abilities required for an Australian repairer
Business activities imply cognitive abilities
The person carries on or actively seeks to carry on a business...
A person is an Australian repairer to the extent that...
The person has multiple characteristics of an Australian repairer
Multiple conditions for Australian repairer status
57BC Meaning of scheme RTO and RTO course
competition-and-consumer-act-2010.pdf, p.169
57BD Meaning of scheme information
Defines scheme information for manufacturers and their related bodies corporate.
57BD(1) Meaning of scheme information
57BD(2) Meaning of scheme information
competition-and-consumer-act-2010.pdf, p.170
57BE Meaning of data provider
57BF Meaning of safety and security information
Safety and security information must be provided for a scheme vehicle.
57BF(1) Meaning of safety and security information
Must provide safety and security information.
Defines safety information for a scheme vehicle
57BF(2) Meaning of safety and security information
...of a kind prescribed by the scheme rules:
Requires provision of safety information
(2) Safety information, for a scheme vehicle...
Prescribes security information for a scheme vehicle
57BF(3) Meaning of safety and security information
Imposes an obligation on the state to provide security information
competition-and-consumer-act-2010.pdf, p.171
Supply of scheme information between related bodies
57BG Supply of scheme information between related bodies
competition-and-consumer-act-2010.pdf, p.172
57CA Scheme information—offer to supply to Australian repairers
Main obligation for supplying scheme information to Australian repairers or RTOs.
57CA(1) Scheme information—offer to supply to Australian repairers
Must provide scheme information to Australian repairers and RTOs in a specified form.
57CA(2) Scheme information—offer to supply to Australian repairers
Scheme information must be supplied on terms and conditions that include provision for the supply of scheme information.
57CA(3) Scheme information—offer to supply to Australian repairers
Must provide scheme information on specified terms and conditions.
Must provide scheme information at a fair market value price
57CA(4) Scheme information—offer to supply to Australian repairers
Scheme information—offer to supply to Australian repairers
57CA(5) Scheme information—offer to supply to Australian repairers
Obligation to provide scheme information
scheme information for supply to Australian repairers
competition-and-consumer-act-2010.pdf, p.174
57CB Scheme information—supply on request by Australian
Request for supply of scheme information
57CB(1) Scheme information—supply on request by Australian
...and (c) the Australian repairer or scheme RTO requests,...
Temporal overlap between data provider's offer and request
(a) a data provider makes, or is required to make, a scheme offer...
...the data provider must supply the scheme information.
Request implies payment for scheme information
(d) the Australian repairer or scheme RTO pays, or offers to pay,...
...the Australian repairer or scheme RTO pays, or offers to pay,...
...an Australian repairer has a need to access the scheme information...
Obligation to access scheme information for business purposes
Scheme information transmission from data provider to requestor
(c) the Australian repairer or scheme RTO requests,...
Supply scheme information to Australian repairer or RTO within specified terms and conditions.
57CB(2) Scheme information—supply on request by Australian
Scheme information must be provided upon payment or offer of the scheme price.
57CB(3) Scheme information—supply on request by Australian
The period covered by this subsection starts when the Australian repairer or scheme RTO pays or offers to pay the scheme price.
If the Australian repairer or scheme RTO pays or offers to pay the scheme price, then scheme information must be provided.
Obligation to provide scheme information upon payment or offer.
The provision of scheme information upon payment or offer diffuses to the relevant parties.
competition-and-consumer-act-2010.pdf, p.177
Terms and conditions of supply generally allow data providers to supply scheme information for diagnostic purposes.
57CC Scheme information—terms and conditions of supply and use
Permits access to scheme information for diagnostic purposes.
competition-and-consumer-act-2010.pdf, p.178
57CD Scheme information—interaction of supply obligations and
Data provider must comply with obligation under this Part in relation to scheme information.
57CD(1) Scheme information—interaction of supply obligations and
Data provider must comply with obligation.
Supply of scheme information infringes copyright without just terms
57CD(2) Scheme information—interaction of supply obligations and
...apart from this section, the infringement would constitute an acquisition of property otherwise than on just terms
(c) the supply constitutes or results in an infringement of the copyright of the third party claimant;
Recognizes copyright infringement through scheme information supply
...the infringement would constitute an acquisition of property otherwise than on just terms
Prohibits supply of scheme information infringing copyright
Diffuses copyright infringement through supply of scheme information
(b) a person (the third party claimant) holds copyright in relation to some or all of the scheme information that is the subject of the supply;
...some or all of the scheme information that is the subject of the supply;
Recurring supply of scheme information infringes copyright
(a) a data provider supplies scheme information to an Australian repairer or scheme RTO under this Part;
Data provider must pay compensation to third party claimant.
57CD(3) Scheme information—interaction of supply obligations and
Data provider has an obligation to pay compensation.
Debt due by data provider to third party claimant
57CD(4) Scheme information—interaction of supply obligations and
Data provider must prove defence in civil action for copyright infringement.
57CD(5) Scheme information—interaction of supply obligations and
competition-and-consumer-act-2010.pdf, p.181
Separate safety and security information from other scheme information.
57DA Safety and security information—packaging
Must provide separate safety and security information.
57DB Safety and security information—supply to Australian
Must not supply safety and security information for a scheme vehicle unless certain conditions are met.
57DB(1) Safety and security information—supply to Australian
Temporal interval for supplying safety and security information
(1) A data provider must not supply scheme information under this Part that is, or includes, safety and security information for a scheme vehicle...
Implication of supplying safety and security information
Prohibition of supplying safety and security information
data provider must not supply scheme information under this Part that is, or includes, safety and security information for a scheme vehicle...
Obligation to not supply safety and security information
Classification of safety and security information
Recurring trace of supplying safety and security information
Safety and security information must be used for the purposes of the Australian repairer's business.
57DB(2) Safety and security information—supply to Australian
competition-and-consumer-act-2010.pdf, p.183
Use or disclosure of sensitive information is restricted for certain individuals and small business operators.
57DC Safety and security information—use or disclosure of sensitive
Use or disclosure of sensitive information is restricted to specific time periods.
Restricts use or disclosure to specific time periods.
The data provider is a small business operator within the meaning of the Privacy Act 1988; and that Act would not, apart from this section, apply to the data provider in relation to the information about the individual.
Use or disclosure of sensitive information is restricted.
Restricts use or disclosure of sensitive information.
The data provider is a small business operator within the meaning of the Privacy Act 1988.
Use or disclosure of sensitive information is restricted for specific individuals.
Restricts use or disclosure of sensitive information for specific individuals.
The information is about an individual mentioned in paragraph 57DB(2)(a); and the data provider is a small business operator within the meaning of the Privacy Act 1988.
Use or disclosure of sensitive information is restricted to recurring patterns.
Restricts use or disclosure to recurring patterns.
competition-and-consumer-act-2010.pdf, p.184
57DD Safety and security information—storage of, and access to,
Sensitive information must be stored in Australia.
57DD(1) Safety and security information—storage of, and access to,
Must store sensitive information in Australia.
Must store sensitive information in Australia or an external Territory.
57DD(2) Safety and security information—storage of, and access to,
Do not access sensitive information outside Australia
57DD(3) Safety and security information—storage of, and access to,
competition-and-consumer-act-2010.pdf, p.185
57DE Security information—records of access
Record-keeping requirement for security information
57DE(1) Security information—records of access
Maintain records of security information supply for 5 years
57DE(2) Security information—records of access
competition-and-consumer-act-2010.pdf, p.186
57EA Scope of Division
A party may initiate action to resolve a dispute.
57EB Resolving disputes
57EC Right to bring proceedings unaffected
57ED Attempt to resolve dispute before mediation
Initiating party must provide written notice to responding party before initiating action.
57ED(1) Attempt to resolve dispute before mediation
Parties must try to resolve the dispute.
57ED(2) Attempt to resolve dispute before mediation
Parties must refer dispute to mediator if unable to agree within 2 business days.
57ED(3) Attempt to resolve dispute before mediation
Either party may refer the matter to a mediator for mediation under this Division.
Temporal interval for dispute resolution
(3) If the parties cannot agree how to resolve the dispute within 2 business days...
Either party may request the scheme adviser to nominate a mediator.
57ED(4) Attempt to resolve dispute before mediation
Scheme adviser must nominate a mediator for the dispute within 2 business days after a request is made under subsection (4).
57ED(5) Attempt to resolve dispute before mediation
competition-and-consumer-act-2010.pdf, p.187
A party is taken to have tried to resolve a dispute if they approach it in a reconciliatory manner.
57EE When is a party taken to have tried to resolve a dispute?
57EF Mediation
Mediator appointed by parties decides time and place for mediation.
57EF(1) Mediation
Mediator's decision implies mediation will occur.
Allow parties to appoint a technical expert with agreement.
57EF(2) Mediation
competition-and-consumer-act-2010.pdf, p.188
57EG Termination of mediation
Dispute must be resolved within 30 days after mediation starts.
57EG(1) Termination of mediation
Obligation to resolve dispute within 30 days.
Mediator may terminate mediation at any time unless a resolution is imminent.
57EG(2) Termination of mediation
Mediator must terminate mediation upon request.
57EG(3) Termination of mediation
Mediator must issue a certificate after terminating mediation.
57EG(4) Termination of mediation
Mediator must provide a copy of the certificate to parties and scheme adviser.
57EG(5) Termination of mediation
competition-and-consumer-act-2010.pdf, p.189
57EH Costs of mediation
Parties are equally liable for mediation costs unless they agree otherwise.
57EH(1) Costs of mediation
The cost of mediation is between the parties.
(1) The parties are equally liable for the costs of mediation under this Division unless they agree otherwise.
If the parties do not agree on the cost, one party may be liable.
The parties have a cognitive obligation to pay mediation costs.
Parties have an obligation to pay mediation costs.
The cost of mediation is diffused between the parties.
Parties must pay their own costs of attending mediation.
57EH(2) Costs of mediation
Excludes costs of mediation from the definition of 'costs'
57EH(3) Costs of mediation
competition-and-consumer-act-2010.pdf, p.190
57FA Scheme adviser—establishment and appointment
Establishment and appointment of a motor vehicle service and repair information scheme adviser.
57FA(1) Scheme adviser—establishment and appointment
Minister may appoint a person to be the scheme adviser.
57FA(2) Scheme adviser—establishment and appointment
No payment is allowed to the scheme adviser.
57FA(3) Scheme adviser—establishment and appointment
Prohibits payment to the scheme adviser.
57FB Scheme adviser—functions
Annual reports, information about inquiries and disputes, resolution rates for disputes
The scheme adviser must report to the Minister and the Commission on various matters.
57FB(1) Scheme adviser—functions
The scheme adviser has a duty to report to the Minister and the Commission.
The scheme adviser's functions are defined in this section.
Information about contract terms is not confidential to the extent it identifies parties.
57FB(2) Scheme adviser—functions
Contract terms are notified to the scheme adviser
Scheme adviser has necessary powers for office functions
57FB(3) Scheme adviser—functions
Exempts reports from Section 34C of the Acts Interpretation Act 1901.
57FB(4) Scheme adviser—functions
Section 34C of the Acts Interpretation Act 1901 requires periodic reports.
competition-and-consumer-act-2010.pdf, p.192
57GA Civil penalty provisions
57GB Infringement notices
Division 2A of Part IVB applies to alleged contraventions of civil penalty provisions.
57GB(1) Infringement notices
in relation to an alleged contravention of a civil penalty provision mentioned in an item in the table in subsection (2)
Division applies within specified intervals
Division applies through specified channels
in relation to an alleged contravention of a civil penalty provision
Division applies to alleged contraventions
Specify penalty for infringement notices
57GB(2) Infringement notices
competition-and-consumer-act-2010.pdf, p.194
States and Territories can operate concurrently with this Part unless directly inconsistent.
57GC Concurrent operation of State and Territory laws
States and Territories can operate concurrently.
57GD Acquisition of property
57GD(1) Acquisition of property
No effect if acquisition of property occurs on just terms
57GD(2) Acquisition of property
...from a person otherwise than on just terms (within the meaning of that paragraph).
Temporal overlap between provision and acquisition of property
(2) The provision has no effect to the extent (if any) to which its operation would result in the acquisition of property...
Recognition of provision's effect on acquisition of property
Prohibits effect if acquisition of property occurs on just terms
Diffusing effect of provision to acquisition of property
Repeating pattern between provision and acquisition of property
competition-and-consumer-act-2010.pdf, p.195
57GE Scheme rules
Minister may make rules by legislative instrument.
57GE(1) Scheme rules
Rules cannot create an offence, civil penalty, or impose certain powers.
57GE(2) Scheme rules
The rules are restricted to specific temporal intervals.
Temporal restrictions on rule application
(2) To avoid doubt, the rules may not...
The rules cannot create an offence or civil penalty.
competition-and-consumer-act-2010.pdf, p.196
Prevent and respond to scams impacting natural persons in Australia or those who carry on small businesses in Australia.
58AA Object of this Part
Obligation to prevent and respond to scams
Framework requirements for service providers in selected sectors of the economy to combat scams.
58AB Simplified outline of this Part
competition-and-consumer-act-2010.pdf, p.197
Designation of regulated sectors by the Minister.
58AC Regulated sectors subject to the Scams Prevention Framework
competition-and-consumer-act-2010.pdf, p.198
58AD Regulated entities for regulated sectors and their regulated
A regulated entity for a sector includes a business or service covered by paragraph 58AC(2)(a), (b) or (c).
58AD(1) Regulated entities for regulated sectors and their regulated
Business or service covered by paragraph 58AC(2)(a), (b) or (c)
Person who carries on or provides that business or service is a regulated entity for the sector
Obligation to provide a regulated service
That business or service is a regulated service of the regulated entity for the sector
Regulated sector includes a business or service
List of regulated entities and their services for a regulated sector
58AD(2) Regulated entities for regulated sectors and their regulated
(a) carrying on or providing a business or service that is part of the regulated sector; and (b) acting using a postal, telegraphic, telephonic or other like service so much of that business or service as relates to the person acting in that way.
a corporation that carries on or provides a business or service that is part of the regulated sector that business or service.
a person to the extent that the person is both (a) carrying on or providing a business or service that is part of the regulated sector; and (b) acting using a postal, telegraphic, telephonic or other like service so much of that business or service as relates to the person acting in that way.
a kind of trade or commerce mentioned in subsection (3)
Other regulated entities, and their regulated services, for the regulated sector
competition-and-consumer-act-2010.pdf, p.201
58AE Minister must consider matters, and consult, before
Minister must consider matters and consult before making an instrument about a sector of the economy.
58AE(1) Minister must consider matters, and consult, before
Minister must consider matters and consult.
(1) Before making an instrument under subsection 58AC(1) about a sector of the economy, the Minister must:
Minister must consult businesses or services making up the sector.
(b) Consult the businesses or services making up the sector, or such associations or other bodies representing them as the Minister thinks appropriate;
Minister must consult persons who would be SPF consumers of regulated services for the sector.
(c) Consult such associations or other bodies representing the persons referred to in subparagraph (a)(iii) as the Minister thinks appropriate.
Minister must consider matters and consult before taking action.
58AE(2) Minister must consider matters, and consult, before
Temporal interval for consideration and consultation.
(2) A failure to comply with subsection (1) does not invalidate an instrument made under subsection 58AC(1).
Obligation to consider matters and consult.
58AF Delegation
competition-and-consumer-act-2010.pdf, p.202
58AG Meaning of scam
58AG(1) Meaning of scam
(1) A scam is a direct or indirect attempt (whether or not successful)...
58AG(2) Meaning of scam
(2) The attempt involves deception if the attempt:
The attempt may be a single act or a course of conduct.
58AG(3) Meaning of scam
The attempt is not a scam if it meets the SPF rules.
58AG(4) Meaning of scam
58AH Meaning of SPF consumer
Defines who is considered an SPF consumer.
58AH(1) Meaning of SPF consumer
The provision applies to consumers within Australia and those provided services outside Australia by a regulated entity.
Defines the temporal scope of the obligation.
(1) An SPF consumer, of a regulated service, is any of the following:
The provision relies on the definition of an SPF consumer to establish the scope of the obligation.
Establishes the basis for the obligation.
The provision uses clear and concise language to define who must be considered an SPF consumer.
Describes how the obligation is processed.
The provision defines who must be considered an SPF consumer.
Establishes the scope of the obligation.
The provision explicitly states who must be considered an SPF consumer.
Describes how the obligation is communicated.
58AH(2) Meaning of SPF consumer
Regulated service provision to a person is included in the meaning of SPF consumer.
58AH(3) Meaning of SPF consumer
(3) Subsection (1) includes the provision or purported provision of a regulated service:
Person is not an SPF consumer if a condition applies to them.
58AH(4) Meaning of SPF consumer
Defines annual turnover for SPF consumer
58AH(5) Meaning of SPF consumer
competition-and-consumer-act-2010.pdf, p.204
Identify or have actionable scam intelligence if there are reasonable grounds to suspect a communication, transaction, or activity is a scam.
58AI Meaning of actionable scam intelligence
Entity must identify or have actionable scam intelligence.
competition-and-consumer-act-2010.pdf, p.205
58AJ Extension to external Territories and outside of Australia
Extends provisions of this Part to external Territories and outside Australia.
58AJ(1) Extension to external Territories and outside of Australia
Extension of SPF provisions to acts outside Australia
58AJ(2) Extension to external Territories and outside of Australia
58AK Acts done by or in relation to agents etc. of regulated entities
Section applies SPF provisions to regulated entities in a corresponding way.
58AK(1) Acts done by or in relation to agents etc. of regulated entities
Regulated entities' agents must comply with SPF provisions.
58AK(2) Acts done by or in relation to agents etc. of regulated entities
competition-and-consumer-act-2010.pdf, p.207
Each regulated entity must comply with the Scams Prevention Framework principles.
58BA Simplified outline of this Division
Regulated entities must comply with the framework.
Matters relevant to determining reasonable steps for regulated entities
58BB Meaning of reasonable steps
Records of compliance, annual certification by senior officer
competition-and-consumer-act-2010.pdf, p.208
Governance policies and procedures must be implemented and reviewed annually.
58BC Simplified outline of this Subdivision
Regulated entity must implement governance policies and procedures.
58BD Documenting and implementing governance policies and
Document governance policies and procedures about scams prevention, implement them, and develop performance metrics.
58BD(1) Documenting and implementing governance policies and
Entity must document and implement governance policies.
58BD(2) Documenting and implementing governance policies and
Classifies as a principle for section 58FJ
competition-and-consumer-act-2010.pdf, p.209
58BE Annual certification about SPF governance policies,
Certification from senior officer within 12 months or 7 days after each 12-month anniversary
Annual certification about SPF governance policies is required.
58BE(1) Annual certification about SPF governance policies,
Regulated entity must provide certification
Annual certification about SPF governance policies is a civil penalty provision.
58BE(2) Annual certification about SPF governance policies,
Subsection (1) has the class of a civil penalty provision.
Records of SPF governance policies, procedures, metrics and targets
Failure to keep records of material information for at least 6 years after activity
58BF Record keeping of compliance with SPF provisions—civil
Regulated entity has an obligation to keep records
competition-and-consumer-act-2010.pdf, p.210
58BG Reporting about compliance with this Subdivision—civil
Records requested by the SPF general regulator or sector regulator
Failure to comply with written request for records within 10 business days or longer period allowed by regulator.
58BG(1) Reporting about compliance with this Subdivision—civil
Prohibition of non-compliance with written request for records
Reporting about compliance with this Subdivision—civil
58BG(2) Reporting about compliance with this Subdivision—civil
competition-and-consumer-act-2010.pdf, p.211
Regulated entity must include sector-specific provisions in governance policies and procedures.
58BH Sector-specific details can be set out in SPF codes
Regulated entity must include sector-specific provisions.
58BI Simplified outline of this Subdivision
sector-specific provisions for this principle
58BJ Taking reasonable steps to prevent scams from being
Failing to prevent scams from being committed
58BJ(1) Taking reasonable steps to prevent scams from being
Regulated entity must take reasonable steps
Taking reasonable steps to prevent scams from being
58BJ(2) Taking reasonable steps to prevent scams from being
competition-and-consumer-act-2010.pdf, p.212
58BK Further detail about certain concepts
Requires regulated entities to take reasonable steps beyond actionable scam intelligence.
58BK(1) Further detail about certain concepts
Information about scams to identified consumers
Identify SPF consumers at risk of being targeted by a scam
58BK(2) Further detail about certain concepts
Must take reasonable steps to detect scams
58BL Simplified outline of this Subdivision
Must take reasonable steps to detect scams within a timely way
Temporal interval: Must take reasonable steps to detect scams within a timely way
Identifying consumers impacted by scams may be implied by investigating activities
Investigating activities may imply identifying consumers impacted by scams
Investigating activities implies taking action
Scam detection is a type of artificial intelligence application
Artificial intelligence applications are used for scam detection
Regulated entity for a regulated sector must detect scams
Scam detection is an obligation for regulated entities
Class hierarchy: Obligation -> Action -> Scam Detection
Regulated entity must detect scams and identify impacted consumers
Multiple obligations: Regulated entity must detect scams and identify impacted consumers
Regulated entity has multiple obligations
competition-and-consumer-act-2010.pdf, p.213
58BM Taking reasonable steps to detect scams—civil penalty
Failing to take reasonable steps to detect scams is a contravention.
58BM(1) Taking reasonable steps to detect scams—civil penalty
Civil penalty for taking reasonable steps to detect scams
58BM(2) Taking reasonable steps to detect scams—civil penalty
Subsection (1) is a civil penalty provision
Subsection (1) is a civil penalty provision of an SPF principle
SPF principle for the purposes of section 58FJ
Fails to take reasonable steps to detect scams
58BM(3) Taking reasonable steps to detect scams—civil penalty
The obligation applies within a specific time frame.
The obligation to take reasonable steps to detect scams applies within a specific time frame.
The regulated entity fails to take reasonable steps to detect scams.
Taking reasonable steps to detect scams is an obligation.
The regulated entity must take reasonable steps to detect scams repeatedly.
58BN Investigating actionable scam intelligence—civil penalty
Failing to investigate actionable scam intelligence within a 28-day period is an obligation.
58BN(1) Investigating actionable scam intelligence—civil penalty
Fails to investigate within 28-day period
Regulated entity has actionable scam intelligence
58BN(2) Investigating actionable scam intelligence—civil penalty
(2) Subsection (1) is a civil penalty provision.
Subsection (1) is a civil penalty provision of an SPF principle for the purposes of section 58FJ.
Identifies a principle for the purposes of section 58FJ
(2) Subsection (1) is a civil penalty provision of an SPF principle for the purposes of section 58FJ.
Civil penalty for contravening subsection
58BO Identifying impacted SPF consumers—civil penalty provision
Prohibits regulated entity from contravening subsection
competition-and-consumer-act-2010.pdf, p.214
Regulated sector may include sector-specific provisions describing reasonable steps and time.
58BP Sector-specific details can be set out in SPF codes
...sector-specific provisions describing...
SPF code for a regulated sector may include...
Must provide reports on actionable intelligence and scams to SPF regulators.
58BQ Simplified outline of this Subdivision
competition-and-consumer-act-2010.pdf, p.215
58BR Reporting actionable scam intelligence to SPF regulators—
Reporting of actionable scam intelligence to SPF regulators is required.
58BR(1) Reporting actionable scam intelligence to SPF regulators—
Entity must report actionable scam intelligence to SPF regulator within prescribed period and manner.
58BR(2) Reporting actionable scam intelligence to SPF regulators—
Entity must report actionable scam intelligence.
Reporting actionable scam intelligence to SPF regulators—
58BR(3) Reporting actionable scam intelligence to SPF regulators—
Subsection (2) is a civil penalty provision
Entity exempt from reporting if circumstances apply
58BR(4) Reporting actionable scam intelligence to SPF regulators—
Reporting requirements for actionable scam intelligence
58BR(5) Reporting actionable scam intelligence to SPF regulators—
competition-and-consumer-act-2010.pdf, p.216
58BS Reporting scams to SPF regulators—civil penalty provisions
Regulated entity must provide report to SPF regulator upon request.
58BS(1) Reporting scams to SPF regulators—civil penalty provisions
Entity must report scam information to SPF regulator within specified period and manner.
58BS(2) Reporting scams to SPF regulators—civil penalty provisions
Civil penalty provision for reporting scams to SPF regulators
58BS(3) Reporting scams to SPF regulators—civil penalty provisions
Subsection (2) occurs during the application of section 58FJ.
Describes the temporal relationship between subsection (2) and section 58FJ
It applies to section 58FJ about civil penalties.
Subsection (2) implies that reporting scams to SPF regulators is necessary.
Establishes a logical connection between subsection (2) and reporting scams to SPF regulators
Reporting scams to SPF regulators is required by law.
Subsection (2) is a rule for artificial intelligence systems.
Recognizes the artificial intelligence aspect of subsection (2)
This provision is part of an SPF principle.
It is an obligation to report scams to SPF regulators.
Subsection (2) is a principle for section 58FJ.
Classifies subsection (2) as a principle for section 58FJ
This means subsection (2) is a civil penalty provision of an SPF principle.
Subsection (2) applies to all cases where a scam is reported to SPF regulators.
This applies to all cases where a scam is reported to SPF regulators.
58BS(4) Reporting scams to SPF regulators—civil penalty provisions
Entity must de-identify personal information unless SPF regulator believes it's necessary.
58BS(5) Reporting scams to SPF regulators—civil penalty provisions
Entity must de-identify personal information.
A regulated entity must provide a later scam report that references an earlier report to another SPF regulator.
58BS(6) Reporting scams to SPF regulators—civil penalty provisions
The later scam report is related in time to the earlier scam report.
(b) another SPF regulator later requests a scam report under this section from the regulated entity about the same matters;
The regulated entity's obligation to provide the later scam report implies that it must state the earlier scam report.
(a) a regulated entity gives a scam report to an SPF regulator under this section;
The regulated entity's obligation to provide the later scam report is inferred from its earlier action.
The regulated entity must provide the later scam report.
The obligation to provide the later scam report is propagated from the first-mentioned SPF regulator.
competition-and-consumer-act-2010.pdf, p.217
58BT Authorised third party data gateways, portals or websites for
Authorises third parties to operate data gateways, portals or websites.
58BT(1) Authorised third party data gateways, portals or websites for
Authorisation criteria and conditions for SPF general regulator
58BT(2) Authorised third party data gateways, portals or websites for
Provisions providing that authorisations may be granted at different levels corresponding to different risks
competition-and-consumer-act-2010.pdf, p.218
Duty of confidence is overridden by conflicting obligations.
58BU Relationship with other duties and obligations
58BV SPF general regulator may share information relating to
Disclosure of information relating to scamming actions is prohibited.
58BV(1) SPF general regulator may share information relating to
Temporal relation between disclosure and de-identification
Note 1: This includes disclosing SPF personal information, but such information may first need to be de-identified (see subsection (4))
Construction of knowledge graph about disclosure and de-identification
to an entity mentioned in subsection (2)
SPF general regulator may disclose information
Classification of information as personal or non-personal
This includes disclosing SPF personal information, but such information may first need to be de-identified
Spread of information about disclosure and de-identification
Recurring trace of disclosure and de-identification
Entities that may share information relating to SPF general regulator
58BV(2) SPF general regulator may share information relating to
SPF general regulator may share information relating to a foreign agency if certain conditions are met.
58BV(3) SPF general regulator may share information relating to
The agency is obligated to control the storage and handling of the information.
Disclosure of personal information under certain conditions.
58BV(4) SPF general regulator may share information relating to
Disclosure of personal information must be made under subsection (1) unless de-identification is deemed necessary.
Obligation to disclose personal information under certain conditions.
SPF general regulator may share information relating to SPF personal information.
competition-and-consumer-act-2010.pdf, p.220
Must take reasonable steps to disrupt scam activities and prevent losses.
58BW Simplified outline of this Subdivision
58BX Taking reasonable steps to disrupt activities that are the
Failing to disrupt or prevent loss from scam activity is an obligation.
58BX(1) Taking reasonable steps to disrupt activities that are the
Obligation to disrupt or prevent loss from scam activity.
Disrupt activities that are the subject of a civil penalty provision.
58BX(2) Taking reasonable steps to disrupt activities that are the
Disrupts activities that are the subject of a civil penalty provision at a reasonable time.
Disrupts activities that are the subject of a civil penalty provision in a reasonable manner.
Prohibits activities that are the subject of a civil penalty provision.
Classifies subsection (1) as a civil penalty provision.
This means subsection (1) is a civil penalty provision of an SPF principle for the purposes of section 58FJ.
Disrupts activities that are the subject of a civil penalty provision repeatedly.
Validates that the disruption of activities is reasonable.
Taking reasonable steps to disrupt activities that are the actionable scam intelligence.
58BX(3) Taking reasonable steps to disrupt activities that are the
The entity has actionable scam intelligence
competition-and-consumer-act-2010.pdf, p.221
58BY Reporting about the outcomes of investigations of activities
Reporting about outcomes of investigations of activities related to regulated services
58BY(1) Reporting about the outcomes of investigations of activities
Entity must report actionable scam intelligence to SPF general regulator within prescribed timeframe and format.
58BY(2) Reporting about the outcomes of investigations of activities
Reporting about investigation outcomes is a civil penalty provision.
58BY(3) Reporting about the outcomes of investigations of activities
Rules for reporting outcomes of investigations
58BY(4) Reporting about the outcomes of investigations of activities
(4) For the purposes of (but without limiting) subsection (2)
competition-and-consumer-act-2010.pdf, p.222
58BZ Sector-specific details can be set out in SPF codes
Regulated entities must have actionable scam intelligence about certain activities.
58BZ(1) Sector-specific details can be set out in SPF codes
Regulated entities must have actionable scam intelligence.
The regulated entity is not liable for taking action to disrupt an activity if it is taken in good faith, compliance with SPF provisions, and proportionate to the activity.
58BZ(2) Sector-specific details can be set out in SPF codes
The action must end before 28 days after the entity reasonably believes that the activity is or is not a scam.
The action must be taken during the period when the intelligence becomes actionable scam intelligence for the entity.
The action must start on the day that the intelligence becomes actionable scam intelligence for the entity.
The regulated entity has an obligation not to be liable for taking action to disrupt an activity.
The action must be taken in good faith, compliance with SPF provisions, and proportionate to the activity.
The regulated entity has permission to take action to disrupt an activity.
The regulated entity has permission to take action to disrupt an activity if it is taken in good faith, compliance with SPF provisions, and proportionate to the activity.
The action must be promptly reversed if the entity identifies that the activity is not a scam.
The entity identifies that the activity is not a scam.
Must have an accessible mechanism for consumers to report scams and a transparent internal dispute resolution mechanism.
58BZ(3) Sector-specific details can be set out in SPF codes
competition-and-consumer-act-2010.pdf, p.230
Minister may make code for regulated sector with sector-specific provisions based on Scams Prevention Framework principles.
58CA Simplified outline of this Division
Defines temporal interval for code implementation
The Minister may make a code for a regulated sector.
58CB Sector-specific codes (SPF codes)
58CC Content of SPF codes
SPF code must be consistent with SPF principles and deal with specific themes or matters.
58CC(1) Content of SPF codes
SPF code must be consistent with SPF principles.
Regulated sector may include specific provisions regarding services, consumers, and requirements.
58CC(2) Content of SPF codes
Provisions regarding services and consumers from a certain point in time
Includes provisions for specific dates or periods
(2) Without limiting subparagraph (1)(b)(ii), an SPF code for a regulated sector may include the following:
The regulator has power to enforce provisions regarding services and consumers
Grants powers to the regulator or another person
(d) a provision that: (i) confers powers on the SPF sector regulator for the sector or on another person; or
Provisions regarding services and consumers
All regulated entities must comply with provisions regarding services and consumers
Specific requirements must be met for exercising powers under the SPF code
(f) provisions about the manner or form in which persons or bodies: (i) may exercise powers under the SPF code; or
competition-and-consumer-act-2010.pdf, p.232
58CD Delegation
competition-and-consumer-act-2010.pdf, p.234
Authorise external dispute resolution schemes for consumer complaints about scams.
58DA Simplified outline of this Division
58DB Minister may authorise external dispute resolution schemes
Authorise external dispute resolution schemes
58DB(1) Minister may authorise external dispute resolution schemes
Grant permission to authorise external dispute resolution schemes
The Minister may, by legislative instrument...
Minister must consider certain factors before authorizing an external dispute resolution scheme.
58DB(2) Minister may authorise external dispute resolution schemes
The Minister must consider factors within a certain timeframe.
(2) Before authorising a scheme, the Minister...
Authorisation of external dispute resolution schemes may be subject to conditions.
58DB(3) Minister may authorise external dispute resolution schemes
Permission to authorise external dispute resolution schemes.
Minister may authorise external dispute resolution schemes
58DB(4) Minister may authorise external dispute resolution schemes
Authorise multiple external dispute resolution schemes
58DB(5) Minister may authorise external dispute resolution schemes
competition-and-consumer-act-2010.pdf, p.235
58DC Content, including requirements, of a scheme that is not
Requirements for a scheme that is not exempt from the SPF rules
58DC(1) Content, including requirements, of a scheme that is not
...requirements for how the scheme is to operate:
Requires organisational requirements for membership of the scheme
(a) organisational requirements for membership of the scheme;
...requirements for a scheme that is not exempt from the SPF rules
Requires a scheme to meet certain standards
...requirements for making changes to the scheme
Requires requirements for making changes to the scheme
(e) requirements for making changes to the scheme.
58DC(2) Content, including requirements, of a scheme that is not
competition-and-consumer-act-2010.pdf, p.236
58DD Scheme operator to report to SPF regulators
particulars of the contravention, failure or issue
Operator must report to regulators on serious contraventions, failures, or systemic issues
58DD(1) Scheme operator to report to SPF regulators
report particulars of contravention, failure or issue
De-identifying any SPF personal information
Operator must report settlement particulars to SPF regulators
58DD(2) Scheme operator to report to SPF regulators
Operator must de-identify SPF personal information unless reasonable belief that doing so would not achieve object of Part.
58DD(3) Scheme operator to report to SPF regulators
competition-and-consumer-act-2010.pdf, p.237
58DE Disclosing information to the operator of an SPF EDR scheme
Disclosure of information to the operator of an SPF EDR scheme for enabling or assisting its functions.
58DE(1) Disclosing information to the operator of an SPF EDR scheme
Operator must comply with conditions imposed by the regulator.
58DE(2) Disclosing information to the operator of an SPF EDR scheme
Must de-identify personal information unless reasonable belief that doing so would not achieve the object of this Part.
58DE(3) Disclosing information to the operator of an SPF EDR scheme
competition-and-consumer-act-2010.pdf, p.238
The Commission is the regulator of most aspects of the Scams Prevention Framework.
58EA Simplified outline of this Division
58EB General regulator of the Scams Prevention Framework
Commission is the general regulator for SPF provisions apart from SPF codes.
58EB(1) General regulator of the Scams Prevention Framework
The SPF general regulator has obligations to review, advise, monitor, investigate and enforce compliance with the SPF provisions.
58EB(2) General regulator of the Scams Prevention Framework
The regulator's powers are part of the SPF provisions.
competition-and-consumer-act-2010.pdf, p.239
58EC Delegation of the SPF general regulator’s functions and
Delegation of SPF general regulator’s functions and powers
58EC(1) Delegation of the SPF general regulator’s functions and
Delegation of powers under section 155 to a designated person.
58EC(2) Delegation of the SPF general regulator’s functions and
Delegation of certain functions to Commission members and employees
58EC(3) Delegation of the SPF general regulator’s functions and
competition-and-consumer-act-2010.pdf, p.240
58ED Regulator of a regulated sector
The Minister may designate an entity as the sector regulator.
58ED(1) Regulator of a regulated sector
The designation must be made within the meaning of the Public Governance, Performance and Accountability Act 2013.
The Commission is the SPF sector regulator for a regulated sector if no instrument under subsection (1) is in force for the sector.
58ED(2) Regulator of a regulated sector
The Commission regulates the sector while no instrument under subsection (1) is in force
Establishes a temporal relationship between the Commission's designation and its regulation of the sector
No instrument under subsection (1) is in force for the sector
The Commission must regulate the sector if no instrument under subsection (1) is in force
Establishes a conditional obligation on the Commission to regulate the sector
The Commission is the SPF sector regulator for a regulated sector
Classifies the Commission as the SPF sector regulator
The Commission is designated under subsection (1)
Establishes a conditional relationship between the Commission's designation and its regulation of the sector
Regulator of a regulated sector must monitor, investigate and enforce compliance with the provisions of the SPF code for the sector.
58ED(3) Regulator of a regulated sector
The Minister may delegate power to another Minister in writing.
58ED(4) Regulator of a regulated sector
competition-and-consumer-act-2010.pdf, p.241
Delegation of SPF sector regulator's functions and powers
58EE Delegation of an SPF sector regulator’s functions and powers
competition-and-consumer-act-2010.pdf, p.242
58EF Arrangements for regulating the Scams Prevention
SPF general regulator and sector regulators must enter into an arrangement for regulation and enforcement. Publish a statement on its website summarising roles and responsibilities.
58EF(1) Arrangements for regulating the Scams Prevention
Must publish a statement on its website.
The SPF general regulator may choose to comply with subsection (1) by entering into a single arrangement or separate arrangements with one or more sector regulators. Must consult entities before publishing statement
58EF(2) Arrangements for regulating the Scams Prevention
Consultation must occur before publishing statement
The SPF general regulator must consult the entities mentioned in subsection (1) before publishing the statement
Publication of statement implies consultation
Consultation implies publication of statement
Consultation is an essential requirement for publication
There is an obligation to consult entities
The SPF general regulator must consult the entities mentioned in subsection (1)
Consultation is a necessary condition for publication
The statement is not a legislative instrument. Provisions relating to matters prescribed by the SPF rules must be included in arrangements.
58EF(3) Arrangements for regulating the Scams Prevention
The statement is not a legislative instrument.
relating to matters prescribed by the SPF rules
58EF(4) Arrangements for regulating the Scams Prevention
Failure to comply does not invalidate regulatory actions.
58EF(5) Arrangements for regulating the Scams Prevention
Regulatory actions are not invalidated by non-compliance.
competition-and-consumer-act-2010.pdf, p.244
58EG SPF regulators may disclose information to each other
Disclosure of information between SPF regulators
58EG(1) SPF regulators may disclose information to each other
Disclosure of information by SPF regulators to each other is permitted.
58EG(2) SPF regulators may disclose information to each other
Disclosure of SPF personal information to each other
58EG(3) SPF regulators may disclose information to each other
Must consider object of Part when deciding to make disclosure
58EH Regard must be had to the object of this Part when
when deciding whether to make a disclosure under this Subdivision
SPF regulator must have regard to the object of this Part
No notification required for certain actions under this Part
58EI Notice need not be given of a collection, use or disclosure of
The SPF regulator plans to make a disclosure of information or documents under this Part
competition-and-consumer-act-2010.pdf, p.245
No disclosure of certain information required
58EJ Information that need not be disclosed
competition-and-consumer-act-2010.pdf, p.246
The Commission may monitor and investigate compliance with the Scams Prevention Framework.
58FA Simplified outline of this Division
competition-and-consumer-act-2010.pdf, p.247
58FB Appointment of inspectors
58FB(1) Appointment of inspectors
Must appoint inspector with appropriate qualifications
58FB(2) Appointment of inspectors
...unless the SPF regulator is satisfied...
Comply with administrative directions as an inspector.
58FB(3) Appointment of inspectors
SPF regulator acts as inspector if no appointments are in force
58FB(4) Appointment of inspectors
competition-and-consumer-act-2010.pdf, p.248
Court's powers under other provisions not limited
58FC Multiple remedies can be sought for a single contravention
Court must give preference to compensation over pecuniary penalty if defendant cannot pay both.
58FD Preference must be given to compensation for victims
Court must prioritize compensation over pecuniary penalty.
58FE Monitoring compliance with an SPF code—default
Monitoring compliance with an SPF code—default
58FE(1) Monitoring compliance with an SPF code—default
Section 58FE (1) and Chapter 4 Scams Prevention Framework Part IVF
Obligation to monitor compliance with an SPF code—default
(1) This section applies for the SPF code for a regulated sector unless...
58FE(2) Monitoring compliance with an SPF code—default
Part of a framework for monitoring compliance
58FE(3) Monitoring compliance with an SPF code—default
Defines roles and courts for SPF sector regulator
58FE(4) Monitoring compliance with an SPF code—default
Each of the following courts is a relevant court: (i) the Federal Court; (ii) the Federal Circuit and Family Court of Australia (Division 2); (iii) a court of a State or Territory that has jurisdiction in relation to the matter.
The inspector of the SPF sector regulator is an authorised applicant.
An inspector of the SPF sector regulator is an authorised person.
competition-and-consumer-act-2010.pdf, p.250
58FF Investigating compliance with an SPF code—default
Default provision for investigating compliance with an SPF code
58FF(1) Investigating compliance with an SPF code—default
(ACMA, ASIC or Commission is sector regulator)
Each civil penalty provision of the SPF code is subject to investigation under Part 3 of the Regulatory Powers Act.
58FF(2) Investigating compliance with an SPF code—default
Includes powers of entry, search and seizure
Part 3 of the Regulatory Powers Act includes powers of entry, search and seizure.
(2) Each civil penalty provision of the SPF code is subject to investigation under Part 3 of the Regulatory Powers Act.
Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened
Authorises inspector of SPF sector regulator to investigate compliance with SPF code
58FF(3) Investigating compliance with an SPF code—default
SPF sector regulator authorises inspector to investigate compliance with SPF code
Delegate powers and functions to an SES employee or acting SES employee of the SPF sector regulator
58FF(4) Investigating compliance with an SPF code—default
Granting permission to delegate powers and functions
competition-and-consumer-act-2010.pdf, p.252
58FG Monitoring or investigating—the ACMA
The ACMA must monitor or investigate if it is the sector regulator.
58FG(1) Monitoring or investigating—the ACMA
58FG(2) Monitoring or investigating—the ACMA
Overlaps with the Telecommunications Act 1997
(2) Part 26 of the Telecommunications Act 1997 also applies:
Prohibits the contravention of the SPF code for the sector
The Minister may specify modifications to remove doubt about how provisions apply in relation to the SPF code. Part 27 of the Telecommunications Act 1997 applies to ACMA in its capacity as SPF sector regulator and in relation to performance of functions under SPF code.
58FG(3) Monitoring or investigating—the ACMA
58FG(4) Monitoring or investigating—the ACMA
Defines terms for ACMA's telecommunications functions and powers.
58FG(5) Monitoring or investigating—the ACMA
competition-and-consumer-act-2010.pdf, p.253
58FH Monitoring or investigating—ASIC
Applicability condition for ASIC as sector regulator
58FH(1) Monitoring or investigating—ASIC
This section applies if ASIC is the SPF sector regulator for a regulated sector.
ASIC is the SPF sector regulator for a regulated sector.
58FH(2) Monitoring or investigating—ASIC
competition-and-consumer-act-2010.pdf, p.255
58FI Monitoring or investigating—Minister may declare that
The Minister may declare that the provisions of another law provide an entity with powers to monitor compliance or investigate provisions.
58FI(1) Monitoring or investigating—Minister may declare that
The Minister may declare that the provisions of another law provide an entity with powers.
Minister may declare alternative power provisions apply to entity in its capacity as sector regulator and in relation to specified provisions of the SPF code.
58FI(2) Monitoring or investigating—Minister may declare that
Modifications for alternative power provisions
58FI(3) Monitoring or investigating—Minister may declare that
The Minister may declare that the instrument has effect accordingly.
58FI(4) Monitoring or investigating—Minister may declare that
competition-and-consumer-act-2010.pdf, p.256
58FJ Civil penalty provisions
Civil penalty provisions enforceable under Part 4 of the Regulatory Powers Act
58FJ(1) Civil penalty provisions
The provision is enforceable under Part 4
Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced
The applicant is authorized to enforce the provision
Part 4 of the Regulatory Powers Act allows an authorized applicant to enforce a civil penalty provision
SPF general regulator and sector regulator are authorised applicants for civil penalty provisions.
58FJ(2) Civil penalty provisions
SPF general regulator and sector regulator are SPF applicants
List of relevant courts for purposes of Part 4 of the Regulatory Powers Act
58FJ(3) Civil penalty provisions
competition-and-consumer-act-2010.pdf, p.257
58FK Maximum penalty for tier 1 contraventions
Maximum penalty for tier 1 contraventions
58FK(1) Maximum penalty for tier 1 contraventions
58FK(2) Maximum penalty for tier 1 contraventions
58FK(3) Maximum penalty for tier 1 contraventions
Defines temporal interval for penalty units
Prohibits penalty units for tier 1 contraventions
Maximum penalty for tier 2 contraventions
58FL Maximum penalty for tier 2 contraventions
competition-and-consumer-act-2010.pdf, p.258
No liability for pecuniary penalty in respect of particular conduct
58FM Civil penalty double jeopardy
Classifies the legal effect as an obligation
competition-and-consumer-act-2010.pdf, p.259
58FN Purpose and effect of this Subdivision
Issue of infringement notice for alleged contravention of civil penalty provision
58FN(1) Purpose and effect of this Subdivision
(1) The purpose of this Subdivision is to provide for the issue of an infringement notice
(b) a civil penalty provision of an SPF code;
Exemptions from liability for SPF infringement notices
58FN(2) Purpose and effect of this Subdivision
(2) This Subdivision does not: (a) require an SPF infringement notice to be issued for an alleged contravention of such a civil penalty provision;
The subdivision permits the withdrawal of the infringement notice.
Permits withdrawal of infringement notice
(2) This Subdivision does not: (ii) an SPF infringement notice issued to the person for the crime is withdrawn under section 58FU;
The subdivision permits non-compliance with the notice.
(2) This Subdivision does not: (c) prevent a court from imposing a higher penalty than the penalty specified in the SPF infringement notice if the person does not comply with the notice.
The subdivision combines exemptions and permissions.
(2) This Subdivision does not: (a) require an SPF infringement notice to be issued for an alleged contravention of such a civil penalty provision; or (b) affect a person’s liability to proceedings for an SPF civil penalty order in relation to an alleged contravention of a civil penalty provision if:
competition-and-consumer-act-2010.pdf, p.260
58FO Issuing an SPF infringement notice
Inspector may issue notice to person for contravention of SPF principle.
58FO(1) Issuing an SPF infringement notice
Inspector may issue notice for contravention of civil penalty provision.
58FO(2) Issuing an SPF infringement notice
Prohibits issuing notice for contravention.
Inspectors must not issue more than one infringement notice for the same contravention.
58FO(3) Issuing an SPF infringement notice
Prohibition of issuing multiple infringement notices.
Notice has no effect if issued more than 12 months after alleged contravention.
58FO(4) Issuing an SPF infringement notice
a unique number, day of issue, name of person to whom issued, inspector's details, alleged contravention details, penalty information, and payment instructions
Mandatory requirements for an SPF infringement notice
58FP Matters to be included in an SPF infringement notice
competition-and-consumer-act-2010.pdf, p.261
Penalty amount for SPF infringement notice
58FQ Amount of penalty
The penalty to be specified in an SPF infringement notice...
Compliance with an SPF infringement notice results in no further action.
58FR Effect of compliance with an SPF infringement notice
competition-and-consumer-act-2010.pdf, p.262
Failure to pay penalty results in liability for SPF civil penalty order.
58FS Effect of failure to comply with an SPF infringement notice
Compliance period overlaps with infringement notice period.
Compliance period must be within infringement notice period
Notice specifies penalty amount and compliance period.
58FT Infringement notice compliance period for infringement notice
Infringement notice compliance period obligation
58FT(1) Infringement notice compliance period for infringement notice
SPF regulator may extend infringement notice compliance period
58FT(2) Infringement notice compliance period for infringement notice
58FT(3) Infringement notice compliance period for infringement notice
State has knowledge of maximum extension period
Extension period diffuses within 28 days
Extension period holds within 28 days for all cases
Failure to provide written notice of extension does not affect its validity.
58FT(4) Infringement notice compliance period for infringement notice
The obligation to provide notice remains unaffected.
Obligation to provide notice remains unaffected.
(4) A failure to give the person written notice of the extension does not affect the validity of the extension.
58FT(5) Infringement notice compliance period for infringement notice
competition-and-consumer-act-2010.pdf, p.263
58FU Withdrawal of an infringement notice
Right to make written representations seeking withdrawal of infringement notice
58FU(1) Withdrawal of an infringement notice
58FU(2) Withdrawal of an infringement notice
Obligation to withdraw infringement notice
SPF regulator may withdraw infringement notice upon request.
58FU(3) Withdrawal of an infringement notice
Content of withdrawal notices must be provided
58FU(4) Withdrawal of an infringement notice
Obligation to provide content of withdrawal notices
Must state name and address of the person
58FU(5) Withdrawal of an infringement notice
competition-and-consumer-act-2010.pdf, p.264
58FV Enforceable undertakings
Acceptance of written undertakings for compliance with SPF principles
58FV(1) Enforceable undertakings
Written undertaking for compliance with SPF code provision
58FV(2) Enforceable undertakings
Consent required for withdrawal or variation of enforceable undertaking
58FV(3) Enforceable undertakings
with the consent of the SPF regulator who accepted it.
(3) The person who gave the undertaking may withdraw or vary it at any time
SPF regulator has obligation to accept enforceable undertakings
SPF regulator has permission to accept enforceable undertakings
SPF regulator has right to enforce undertakings
SPF regulator may apply to Court for order if undertaking is breached.
58FV(4) Enforceable undertakings
(4) If an SPF regulator considers that the person who gave the SPF regulator an undertaking has breached any of its terms...
Court may make orders to enforce breach of undertaking
58FV(5) Enforceable undertakings
Obligation to comply with terms of undertaking
58FV(6) Enforceable undertakings
competition-and-consumer-act-2010.pdf, p.265
58FW Granting injunctions
competition-and-consumer-act-2010.pdf, p.266
58FX Particular kinds of injunctions
Granting of injunctions without regard to intent or previous conduct.
58FX(1) Particular kinds of injunctions
The Court may grant an injunction under section 58FW restraining a person from engaging in conduct:
(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind;
Prohibition of conduct without regard to intent or previous engagement.
(b) whether or not the person has previously engaged in conduct of that kind;
Prohibition of conduct without regard to imminent danger.
(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind;
Court may grant injunction requiring a person to do an act or thing under certain conditions.
58FX(2) Particular kinds of injunctions
May grant injunction under certain conditions.
Court may grant injunction under section 58FW by consent of all parties.
58FX(3) Particular kinds of injunctions
competition-and-consumer-act-2010.pdf, p.267
58FY Interim injunctions
58FZ Rescinding or varying injunctions
Allow application for injunction by any person
58FZ(1) Rescinding or varying injunctions
Grant permission to apply for injunction
Court must not require undertakings as a condition of granting an interim injunction.
58FZ(2) Rescinding or varying injunctions
Rescinding or varying injunctions for a person other than an SPF regulator
58FZ(3) Rescinding or varying injunctions
competition-and-consumer-act-2010.pdf, p.283
58GA Treatment of partnerships
Partnerships must comply with SPF provisions as if they were individuals.
58GA(1) Treatment of partnerships
Partnerships must comply with the SPF provisions between the time they are classified as individuals and the time the provision takes effect.
Temporal interval for conditional obligation
The changes set out in this section apply to a partnership as if it were a person.
An artificial intelligence system must ensure that all partners comply with the SPF provisions if one partner is classified as an individual for compliance purposes.
Artificial intelligence application to partnership obligations
Partnerships must comply with the SPF provisions.
The SPF provisions apply to a partnership as if it were a person.
All partners must comply with the SPF provisions if one partner is classified as an individual for compliance purposes.
Diffusion of obligation through partnership structure
Partnerships must comply with the SPF provisions if they are classified as individuals for compliance purposes.
Conditional obligation based on classification
Impose obligation on partners instead of partnership
58GA(2) Treatment of partnerships
instead, but may be discharged by any of the partners.
(2) An obligation that would otherwise be imposed on the partnership
Artificial intelligence analysis of obligation shift
Impact of obligation shift on partnerships
Permits partners to act on behalf of the partnership
58GA(3) Treatment of partnerships
Continuity of partnership unaffected by changes in composition.
58GA(4) Treatment of partnerships
58GB Treatment of unincorporated associations
The SPF provisions apply to unincorporated associations as if they were persons.
58GB(1) Treatment of unincorporated associations
Applying the SPF provisions to unincorporated associations.
Imposes obligation on association members
58GB(2) Treatment of unincorporated associations
Association members can act on behalf of the association.
58GB(3) Treatment of unincorporated associations
Trusts must comply with SPF provisions as if they were a person.
58GC Treatment of trusts
competition-and-consumer-act-2010.pdf, p.284
58GD Compensation for acquisition of property
58GD(1) Compensation for acquisition of property
58GD(2) Compensation for acquisition of property
Compensation for acquisition of property
58GD(3) Compensation for acquisition of property
competition-and-consumer-act-2010.pdf, p.285
58GE Rules for the purposes of this Part
58GE(1) Rules for the purposes of this Part
58GE(2) Rules for the purposes of this Part
58GE(3) Rules for the purposes of this Part
(SPF rules may not do the following: ...)
58GF Report of the operation of the SPF provisions
The Minister must conduct a review of the operation of the SPF provisions.
58GF(1) Report of the operation of the SPF provisions
Review of SPF provisions after a specified period
58GF(2) Report of the operation of the SPF provisions
Must provide a written report to the Minister
58GF(3) Report of the operation of the SPF provisions
6 Section 6
competition-and-consumer-act-2010.pdf, p.287
Entity must not engage in price exploitation
60 Simplified outline of this Part
Prohibits entity from engaging in price exploitation
Defines terms related to carbon tax removal and repeal.
60A Definitions
Defines temporal intervals for carbon tax removal and repeal
Relates payment surcharges to industry provisions
Provisions relating to particular industries, payment surcharges etc.
Establishes obligations related to carbon tax removal and repeal
carbon charge component of levy means...
bulk SGG importer means an entity that...
Defines relationships between entities and concepts
60AA Objects etc.
Deter price exploitation and ensure cost savings are passed through supply chain
60AA(1) Objects etc.
Establishes a temporal relation between the objects in relation to the carbon tax repeal
(1) The main objects of this Part are: (a) to deter price exploitation in relation to the carbon tax repeal at each point in the supply chain for regulated goods; and (b) to ensure that all cost savings attributable to the carbon tax repeal are passed through the supply chain for regulated goods.
Establishes an implication between detering price exploitation and ensuring cost savings are passed through supply chain
Imposes a duty on the state to deter price exploitation and ensure cost savings are passed through supply chain
Imposes a duty on the state to ensure cost savings are passed through supply chain
Establishes a recurring trace of cost savings in relation to the carbon tax repeal
Ensure cost savings from carbon tax repeal are passed to consumers through lower prices.
60AA(2) Objects etc.
Ensure cost savings are passed to consumers
competition-and-consumer-act-2010.pdf, p.293
Defines regulated goods for the purposes of this Part.
60B Regulated goods
regulated goods means natural gas; or electricity; or synthetic greenhouse gas;
(1) For the purposes of this Part, regulated goods means:
(a) natural gas; or (b) electricity; or (c) synthetic greenhouse gas;
competition-and-consumer-act-2010.pdf, p.295
60C Price exploitation in relation to the carbon tax repeal
Prohibition on price exploitation in relation to the carbon tax repeal
60C(1) Price exploitation in relation to the carbon tax repeal
An entity must not engage in price exploitation...
(1) An entity must not engage in price exploitation...
Entity must not pass through all cost savings relating to the carbon tax repeal in relation to regulated supply prices.
60C(2) Price exploitation in relation to the carbon tax repeal
Entity must not pass through all cost savings.
(a) the entity’s cost savings that are directly or indirectly attributable to the carbon tax repeal; (b) how the cost savings mentioned in paragraph (a) can reasonably be attributed to the different supplies that the entity makes; (c) the entity’s costs; (d) any other relevant matter that may reasonably influence the price.
Guidance on determining price exploitation in relation to the carbon tax repeal
60C(3) Price exploitation in relation to the carbon tax repeal
Failure to pass on cost savings—250% penalty
60CA Failure to pass on cost savings—250% penalty
Defines temporal interval for contravention
Prohibits failure to pass on cost savings
Obliges entities that contravened subsection 60C(1) to pass on cost savings
(i) an entity contravened subsection 60C(1) in relation to a particular supply of electricity or natural gas;
Diffuses penalty across entities that contravened subsection 60C(1)
...Chapter 4 Provisions relating to particular industries, payment surcharges etc.
Requires recurring trace of entity's actions
competition-and-consumer-act-2010.pdf, p.297
60D Notice to entity that is considered to have engaged in price
60D(1) Notice to entity that is considered to have engaged in price
(1) The Commission may give an entity a written notice under this section if the Commission considers that the entity has engaged in price exploitation in relation to the carbon tax repeal.
Artificial intelligence application for notice
The Commission MUST give an entity a written notice...
Entity must provide notice with specific details about supply made.
60D(2) Notice to entity that is considered to have engaged in price
Notice identifies entity, supply kind, and circumstances.
Notice is prima facie evidence that the price for the supply did not pass through all of the entity’s cost savings relating to the supply that were directly or indirectly attributable to the carbon tax repeal.
60D(3) Notice to entity that is considered to have engaged in price
Commission must give entity written notice of variation or revocation.
60D(4) Notice to entity that is considered to have engaged in price
Commission must give entity written notice.
Notice under this section is not a legislative instrument.
60D(5) Notice to entity that is considered to have engaged in price
competition-and-consumer-act-2010.pdf, p.298
60E Commission may issue notice to aid prevention of price
Commission may issue notice to aid prevention of price exploitation
60E(1) Commission may issue notice to aid prevention of price
Notice with specified conditions and price limit.
Commission must issue notice with specified conditions and price limit.
60E(2) Commission may issue notice to aid prevention of price
60E(3) Commission may issue notice to aid prevention of price
Commission must publish notice in an appropriate manner.
60E(4) Commission may issue notice to aid prevention of price
60E(5) Commission may issue notice to aid prevention of price
competition-and-consumer-act-2010.pdf, p.299
60F Acquisition of property
60F(1) Acquisition of property
Provision has no effect to the extent it would result in acquisition of property on just terms.
60F(2) Acquisition of property
to the extent it would result in acquisition of property on just terms.
competition-and-consumer-act-2010.pdf, p.300
60FA Carbon tax removal substantiation notices
Entities must provide carbon tax removal substantiation notices.
60FA(1) Carbon tax removal substantiation notices
Must provide carbon tax removal substantiation notices
(1) This section applies to an entity if the entity: (a) is an electricity retailer that sells electricity to electricity customers; or (b) is a natural gas retailer that sells natural gas to natural gas customers; or (c) is a bulk SGG importer that sells synthetic greenhouse gas to SGG customers.
Entity must provide written statement and supporting information within a specified period.
60FA(2) Carbon tax removal substantiation notices
Entity must provide written statement and supporting information.
Definition of carbon tax removal substantiation notice
60FA(3) Carbon tax removal substantiation notices
A period specified in a carbon tax removal substantiation notice must be 21 days after the notice is given.
60FA(4) Carbon tax removal substantiation notices
Temporal interval of 21 days after notice is given.
(4) A period specified in a carbon tax removal substantiation notice must be 21 days after the notice is given.
Obligation to specify a period of 21 days after notice is given.
Carbon tax removal substantiation notice must explain certain effects.
60FA(5) Carbon tax removal substantiation notices
60FA(6) Carbon tax removal substantiation notices
Section does not limit Commission's general information-gathering powers.
60FA(7) Carbon tax removal substantiation notices
competition-and-consumer-act-2010.pdf, p.301
60FB Extending periods for complying with carbon tax removal
Application in writing to the Commission
Entity may apply for extension of period to comply with notice.
60FB(1) Extending periods for complying with carbon tax removal
Commission may extend period for complying with notice
60FB(2) Extending periods for complying with carbon tax removal
Commission has the power to extend the period
Compliance with carbon tax removal substantiation notices within applicable compliance period.
60FC Compliance with carbon tax removal substantiation notices
Comply within applicable compliance period.
Given a carbon tax removal substantiation notice.
competition-and-consumer-act-2010.pdf, p.303
60FD Carbon tax removal substantiation statements
Entities must provide carbon tax removal substantiation statements.
60FD(1) Carbon tax removal substantiation statements
Entity must provide cost savings estimates to the Commission within 30 days after Royal Assent day.
60FD(2) Carbon tax removal substantiation statements
Cost savings estimates must be provided within 30 days after Royal Assent day.
The financial year that began on 1 July 2014 started on a specific date.
Entity must provide cost savings estimates.
competition-and-consumer-act-2010.pdf, p.306
60FE Statements for customers
Entity must prepare statement if it is an electricity retailer or natural gas retailer.
60FE(1) Statements for customers
Statement preparation must occur within the scope of entity's operations.
(1) This section applies to an entity if the entity: ...
Entity must prepare a statement with estimated cost savings for electricity and natural gas customers.
60FE(2) Statements for customers
Statement contains estimated cost savings for electricity and natural gas customers.
Entity must communicate statement contents to customers within 30-60 days after Royal Assent day.
60FE(3) Statements for customers
Statement contents relate to a class of customers.
Entity commits an offence if it omits to comply with a requirement.
60FE(4) Statements for customers
(c) the entity omits to do an act; and (d) the omission breaches the requirement.
(a) the entity is subject to a requirement under subsection (2) or (3); and (b) the entity is capable of complying with the requirement;
Entity has an obligation to comply with a requirement under subsection (2) or (3).
Entity commits an offence if it omits to comply with a requirement that occurs under subsection (2) or (3).
Strict liability offence for subsection (4)
60FE(5) Statements for customers
Subsection (4) is an offence of strict liability.
Adjusts penalty units for individuals affected by subsection (4)
60FE(6) Statements for customers
Subsection (4) has effect as if reference to 40 penalty units
Excuse from preparing and communicating statements under certain conditions.
60FE(7) Statements for customers
competition-and-consumer-act-2010.pdf, p.308
60G Commission may monitor prices in relation to the carbon tax
The Commission may monitor prices to assess the general effect of the carbon tax repeal on prices charged by entities for supplies, in the carbon tax repeal transition period, of relevant goods.
60G(1) Commission may monitor prices in relation to the carbon tax
The Commission may monitor prices to assess the general effect of the carbon tax repeal on prices.
60G(2) Commission may monitor prices in relation to the carbon tax
The Commission may monitor prices to assess the general effect of the carbon tax repeal on prices charged for supplies.
60G(3) Commission may monitor prices in relation to the carbon tax
60G(4) Commission may monitor prices in relation to the carbon tax
The Commission may monitor prices to assist its consideration of price exploitation in relation to the carbon tax repeal.
60G(5) Commission may monitor prices in relation to the carbon tax
The Commission may monitor prices to assess the general effect of the carbon tax scheme on prices charged by entities for supplies.
60G(6) Commission may monitor prices in relation to the carbon tax
The Commission may monitor prices to assess the general effect of the carbon tax scheme on prices.
60G(7) Commission may monitor prices in relation to the carbon tax
The Commission may monitor prices to assess the general effect of the carbon tax scheme on prices charged for supplies.
60G(8) Commission may monitor prices in relation to the carbon tax
Commission may monitor prices to assess the general effect of the carbon tax scheme on prices.
60G(9) Commission may monitor prices in relation to the carbon tax
competition-and-consumer-act-2010.pdf, p.310
60H Information-gathering powers
Commission may require a person to provide specified information or documents.
60H(1) Information-gathering powers
The Commission requires the person to provide information.
Providing false or misleading information is an offence.
Requires information or documents related to prices before or after the carbon tax repeal.
60H(2) Information-gathering powers
60H(3) Information-gathering powers
Failure to comply with a requirement is an offence.
60H(4) Information-gathering powers
The omission occurs within the temporal interval between the requirement and its breach.
Temporal interval between a requirement and its breach.
(c) the person omits to do an act; and (d) the omission breaches the requirement;
Obligation to comply with a requirement.
(a) the person is subject to a requirement under subsection (1); and (b) the person is capable of complying with the requirement;
Prohibition on omitting to comply with a requirement.
The temporal interval between the requirement and its breach is non-empty.
Excuse from providing information or producing a document due to potential incrimination or penalty.
60H(5) Information-gathering powers
Temporal overlap between requirement and exemption
Individual excused from providing information or producing a document
Prohibition on requiring individual to provide information or produce document
60H(5A) Information-gathering powers
competition-and-consumer-act-2010.pdf, p.312
60J Reporting
Commission must report to Minister within 28 days after each quarter.
60J(1) Reporting
Must report particulars of notices given under section 60E during the quarter.
60J(2) Reporting
Reporting obligation remains unaffected by subsection (2)
60J(3) Reporting
Obligation continues despite limiting clause
Defines a quarter as a 3-month period during the carbon tax repeal transition period or on specific dates.
60J(4) Reporting
Specifies temporal intervals for quarters
(a) that occurs wholly or partly during the carbon tax repeal transition period;
Minister must make report public after receiving it.
60J(5) Reporting
Reporting obligation if section commences during a quarter
60J(6) Reporting
competition-and-consumer-act-2010.pdf, p.313
False or misleading representations about the effect of the carbon tax repeal on prices
60K False or misleading representations about the effect of the
Prohibition of false or misleading representations
Classification of entities as NaturalPerson
competition-and-consumer-act-2010.pdf, p.314
60L Issuing an infringement notice
Commission may issue infringement notice to a person with reasonable grounds.
60L(1) Issuing an infringement notice
The Commission may issue an infringement notice.
Infringement notice can be issued at any time.
If the Commission has reasonable grounds to believe a person has contravened an infringement notice provision, the Commission may issue an infringement notice.
Commission's decision to issue a notice is based on reasonable grounds.
If the Commission has reasonable grounds to believe a person has contravened an infringement notice provision, then the Commission may issue an infringement notice.
Commission's decision to issue a notice is based on AI analysis.
The Commission has reasonable grounds to believe a person has contravened an infringement notice provision.
Commission's decision to issue a notice affects the person.
Commission must not issue more than one infringement notice to the same person for the same alleged contravention.
60L(2) Issuing an infringement notice
60L(3) Issuing an infringement notice
(a) is issued more than 12 months after the day on which the contravention of the infringement notice provision is alleged to have occurred;
Details of alleged contravention, penalty information, and contact details
60L(4) Issuing an infringement notice
Penalty for issuing an infringement notice
60L(5) Issuing an infringement notice
Prohibits issuing an infringement notice
competition-and-consumer-act-2010.pdf, p.315
60M Effect of compliance with an infringement notice
Compliance with infringement notice results in obligation to pay penalty.
60M(1) Effect of compliance with an infringement notice
(b) the person pays the penalty specified in the infringement notice within the infringement notice compliance period and in accordance with the notice;
Payment implies obligation to pay penalty
(c) the infringement notice is not withdrawn under section 60Q.
The person is not regarded as having complied with the infringement notice.
60M(2) Effect of compliance with an infringement notice
competition-and-consumer-act-2010.pdf, p.316
Liability for failure to comply with infringement notice
60N Effect of failure to comply with an infringement notice
Failure to comply with infringement notice
60P Infringement notice compliance period for infringement notice
60P(1) Infringement notice compliance period for infringement notice
Compliance period for infringement notice
60P(2) Infringement notice compliance period for infringement notice
Commission may extend infringement notice compliance period upon request.
60P(3) Infringement notice compliance period for infringement notice
Commission obligation to extend infringement notice compliance period.
60P(4) Infringement notice compliance period for infringement notice
(4) Only one extension may be given, and the extension must not be for longer than 28 days.
Describes a statement about the provision
60P(5) Infringement notice compliance period for infringement notice
Failure to comply with subsection (5) does not affect the validity of the extension.
60P(6) Infringement notice compliance period for infringement notice
60P(7) Infringement notice compliance period for infringement notice
competition-and-consumer-act-2010.pdf, p.317
60Q Withdrawal of an infringement notice
60Q(1) Withdrawal of an infringement notice
60Q(2) Withdrawal of an infringement notice
60Q(3) Withdrawal of an infringement notice
60Q(4) Withdrawal of an infringement notice
competition-and-consumer-act-2010.pdf, p.318
Does not require an infringement notice or affect liability for alleged contravention.
60R Effect of this Division
competition-and-consumer-act-2010.pdf, p.320
75B Interpretation
Defines who is responsible for a contravention of certain provisions.
75B(1) Interpretation
...who has aided, abetted, counselled or procured the contravention.
The person involved in a contravention is defined as...
...who has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention.
...who has conspired with others to effect the contravention.
...who has aided, abetted, counselled or procured the contravention; who has induced, whether by threats or promises or otherwise, the contravention; who has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or who has conspired with others to effect the contravention.
Combines multiple conditions for determining responsibility.
Reference to court is a reference to any court having jurisdiction in the matter.
75B(2) Interpretation
competition-and-consumer-act-2010.pdf, p.321
Contravention of specific provisions is prohibited.
76 Pecuniary penalties
competition-and-consumer-act-2010.pdf, p.327
76A Defence to proceedings under section 76 relating to a
Defines contravention in relation to section 76
76A(1) Defence to proceedings under section 76 relating to a
Defence against proceedings under section 76 relating to a contravention of section 92
76A(2) Defence to proceedings under section 76 relating to a
The contravention occurred before the respondent took reasonable precautions
The respondent establishes a defence under section 76(2)(c)
The respondent establishes a defence under section 76(2)
The prosecution must prove that the contravention was not due to a reasonable mistake or reliance on information
The prosecution must prove that the contravention was due to an act or default of another person, beyond the respondent's control
The contravention occurred after the respondent took reasonable precautions
Another person does not include a person who was in Chapter 5 Enforcement and remedies
76A(3) Defence to proceedings under section 76 relating to a
competition-and-consumer-act-2010.pdf, p.328
76B Consequences in some cases if substantially the same conduct
Defines contravention and pecuniary penalty order.
76B(1) Consequences in some cases if substantially the same conduct
Court cannot impose pecuniary penalty order in certain cases.
76B(2) Consequences in some cases if substantially the same conduct
Prohibition of making a pecuniary penalty order
Proceedings for pecuniary penalty order stayed if criminal proceedings started or already started against person for offence.
76B(3) Consequences in some cases if substantially the same conduct
...the proceedings may be resumed if the person is not convicted of the offence.
Describes temporal overlap between criminal proceedings and pecuniary penalty order proceedings.
(3) Proceedings for a pecuniary penalty order against a person in relation to a contravention of Part IV, subsection 56BO(1) or section 56BZJ or 92 are stayed...
Describes implication between criminal proceedings and pecuniary penalty order proceedings.
Prohibits pecuniary penalty order proceedings if criminal proceedings started or already started.
Describes diffusion of conditions for staying pecuniary penalty order proceedings.
Describes recurring trace between criminal proceedings and pecuniary penalty order proceedings.
Starting criminal proceedings against a person for substantially the same conduct as a contravention of certain laws.
76B(4) Consequences in some cases if substantially the same conduct
Prohibits starting criminal proceedings for substantially the same conduct.
Prevents admissibility of evidence in criminal proceedings if individual previously gave the same evidence or produced documents in a previous proceeding for a pecuniary penalty order.
76B(5) Consequences in some cases if substantially the same conduct
The individual's current evidence is not admissible if it overlaps with their previous evidence
Defines the temporal interval during which the individual's evidence is not admissible
The individual's previous evidence was given before the current proceeding
The system applies the exemption to the individual's current evidence
Defines how the system recognizes the exemption
The system recognizes the individual's previous evidence as exempt from admissibility
Individual's previous evidence is not admissible
The individual's current evidence is not admissible if it includes documents that were previously given or produced in a pecuniary penalty order
Defines how the prohibition applies to related information
The individual's previous evidence includes documents that are also relevant to the current proceeding
The individual's current evidence is not admissible until their previous evidence is no longer relevant
Definition of 'offence' for the purposes of this section.
76B(6) Consequences in some cases if substantially the same conduct
competition-and-consumer-act-2010.pdf, p.329
77 Civil action for recovery of pecuniary penalties
Commission may institute a proceeding for recovery of pecuniary penalties.
77(1) Civil action for recovery of pecuniary penalties
Commencement of civil action within 6 years after contravention
77(2) Civil action for recovery of pecuniary penalties
The commencement period overlaps with the contravention period.
Temporal overlap between commencement and contravention
(2) A proceeding under subsection (1) may be commenced within 6 years after the contravention.
The CogAI recognizes the obligation to commence civil action.
Recognition of obligation to commence civil action
A proceeding under subsection (1) must be commenced within 6 years after contravention.
Obligation to commence civil action within 6 years
The diffusion of obligation is triggered by the commencement period.
Diffusion of obligation to commence civil action
There is a recurring trace between commencement and contravention.
Recurring trace of commencement and contravention
Body corporate cannot indemnify certain liabilities incurred as an officer.
77A Indemnification of officers
competition-and-consumer-act-2010.pdf, p.330
77B Certain indemnities not authorised and certain documents void
Section 77A does not authorise anything that would otherwise be unlawful.
77B(1) Certain indemnities not authorised and certain documents void
Nothing that would otherwise be unlawful
Anything that purports to indemnify a person against a liability is void.
77B(2) Certain indemnities not authorised and certain documents void
A person other than a body corporate is punishable by a fine not exceeding 5 penalty units if convicted of an offence against subsection 77A(1) or section 11.4 of the Criminal Code.
77C Application of section 77A to a person other than a body
Defines the temporal interval during which the obligation applies.
competition-and-consumer-act-2010.pdf, p.331
77D Orders relating to void acquisitions
Applicable if an acquisition is void to any extent by force of subsection 45AZA(2) or would be void apart from an order under this section.
77D(1) Orders relating to void acquisitions
Condition for applicability of the provision
(acquisition is void to any extent by force of subsection 45AZA(2)) or (would be void apart from an order under this section)
Federal Court may make orders to deal with void acquisitions.
77D(2) Orders relating to void acquisitions
Application must be made within 6 years after acquisition.
77D(3) Orders relating to void acquisitions
Duty to make application within time limit.
Court must have regard to seriousness of related contravention before making an order.
77D(4) Orders relating to void acquisitions
Commission must give copy of application to the Commission and may intervene in proceedings.
77D(5) Orders relating to void acquisitions
Commission must give copy of application to the Commission.
Commission may intervene in proceedings.
Commission is a party to Chapter 5 Enforcement and remedies if it intervenes in a proceeding under paragraph (5)(b)
77D(6) Orders relating to void acquisitions
(6) If the Commission intervenes in a proceeding under paragraph (5)(b)
competition-and-consumer-act-2010.pdf, p.333
Criminal proceedings not to be brought for contraventions of
78 Criminal proceedings not to be brought for contraventions of
Aiding, abetting, or inducing a person to contravene a provision is punishable.
79 Offences against section 45AF or 45AG
Prohibits aiding, abetting, or inducing a person to contravene a provision.
(aa) attempts to contravene; or (a) aids, abets, counsels or procures a person to contravene;
Prohibits being knowingly concerned in or party to the contravention by a person of a provision.
(c) is in any way, directly or indirectly, knowingly concerned in, nor party to, the contravention by a person of;
Prohibits conspiring with others to contravene a provision.
(d) conspires with others to contravene;
Prohibits a person not being a body corporate from contravening a provision.
(e) in a case where (i) the provision is a cartel offence provision; and (ii) the person is not a body corporate;
competition-and-consumer-act-2010.pdf, p.335
79A Enforcement and recovery of certain fines
Defaulting in payment of a fine may result in the fine being declared ineffective.
79A(1) Enforcement and recovery of certain fines
Prohibition of defaulting in payment of a fine.
Court must cancel order in respect of fine if person provides security for payment.
79A(2) Enforcement and recovery of certain fines
Court has an obligation to cancel order if security is provided.
Allow person to pay fine within specified time or by instalments.
79A(3) Enforcement and recovery of certain fines
competition-and-consumer-act-2010.pdf, p.337
Court must give preference to making an order for compensation if defendant cannot pay pecuniary penalty or fine and compensation.
79B Preference must be given to compensation for victims
Court must give preference to making an order for compensation.
Prohibition of conduct that constitutes or would constitute a contravention of certain provisions.
80 Injunctions
(a) a contravention of any of the following provisions:
(1) Subject to subsections (1A), (1AAA) and (1B)
competition-and-consumer-act-2010.pdf, p.341
80A Price exploitation in relation to the carbon tax repeal—orders
Order not to make regulated supply at excessive price
80A(1) Price exploitation in relation to the carbon tax repeal—orders
80A(2) Price exploitation in relation to the carbon tax repeal—orders
Section implies no limitation on section 80.
Defines terms for price exploitation in relation to the carbon tax repeal—orders
80A(3) Price exploitation in relation to the carbon tax repeal—orders
competition-and-consumer-act-2010.pdf, p.342
80AB Stay of injunctions
The Court may stay the operation of an injunction granted under section 80 if certain conditions are met.
80AB(1) Stay of injunctions
The conduct relates to the supply of goods or services to, or the acquisition of goods or services from a person who is or becomes a party to the proceeding referred to in paragraph (b)
relates to the supply of goods or services to, or the acquisition of goods or services from
The Court considers that granting the stay: would be likely to facilitate the settlement of the dispute by conciliation
would be likely to facilitate the settlement of the dispute by conciliation
The Court may stay the operation of an injunction
The Court considers that granting the stay: would, in all the circumstances, be just
would, in all the circumstances, be just
Court may vary or rescind order staying injunction operation
80AB(2) Stay of injunctions
Court obligation to vary or rescind order
Court must not make any order in relation to the costs of the proceedings.
80AB(3) Stay of injunctions
Nothing in this section affects other powers of the Court.
80AB(4) Stay of injunctions
80AB(5) Stay of injunctions
Injunction includes an interim injunction
competition-and-consumer-act-2010.pdf, p.343
Granting merger authorization on false or misleading information is prohibited.
80AC Injunctions to prevent mergers if authorisation granted on the
The Court may not grant the authorisation.
Prohibition of granting merger authorization on false or misleading information.
The person was granted a merger authorisation for the proposed acquisition on the basis of information that was false or misleading in a material particular.
competition-and-consumer-act-2010.pdf, p.344
Acquisition into effect if Commission made determination based on false or misleading information
80AD Injunctions if acquisition determinations made on the basis of
Prohibits acquisition into effect if Commission made determination based on false or misleading information
Commission made an acquisition determination under paragraph 51ABZE(1)(a) or 51ABZW(1)(a)
81 Divestiture where merger contravenes section 50 or 50A
Court may give directions for disposal of shares or assets acquired in contravention of section 50.
81(1) Divestiture where merger contravenes section 50 or 50A
Court has an obligation to give directions.
Acquirer must refund amount paid to vendor if acquisition is voided by court declaration.
81(1A) Divestiture where merger contravenes section 50 or 50A
Acquirer has an obligation to refund amount.
Directs a corporation to dispose of its assets within a specified period if it has contravened subsection 50A(6).
81(1B) Divestiture where merger contravenes section 50 or 50A
The corporation must dispose of its assets.
Court may make an order under subsection (1) or a declaration under subsection (1A)
81(1C) Divestiture where merger contravenes section 50 or 50A
competition-and-consumer-act-2010.pdf, p.346
81A Divestiture where merger done under authorisation granted on
Acquirer must divest shares or assets if merger authorization was granted on false information.
81A(1) Divestiture where merger done under authorisation granted on
The acquirer must divest shares or assets.
Acquirer has an obligation to divest shares or assets.
The acquirer was granted a merger authorization on false information.
The Court may grant permission for divestiture.
Court may grant permission for divestiture if certain conditions are met.
The Court or another court has found that the acquirer or related body corporate has contravened section 92 or Part 7.4 of the Criminal Code.
The acquirer must ensure that the acquisition would not have contravened section 50.
Acquirer must ensure that the acquisition would not have contravened section 50 without the authorization.
Apart from the authorisation, the acquisition would have contravened section 50.
The Court must ensure that the authorisation would not have been granted.
Court must ensure that the authorisation would not have been granted without the false information.
If that information had not been given, the authorisation would not have been granted.
Court may give directions for securing disposal of shares or assets.
81A(2) Divestiture where merger done under authorisation granted on
Acquisition of shares or assets void if vendor involved in contravention
81A(4) Divestiture where merger done under authorisation granted on
Prohibits acquisition of shares or assets
Vendor must refund amount paid to acquirer for acquired shares or assets.
81A(5) Divestiture where merger done under authorisation granted on
Court may accept undertaking to dispose of shares or assets
81A(7) Divestiture where merger done under authorisation granted on
competition-and-consumer-act-2010.pdf, p.348
81B Divestiture etc. if acquisition determinations made on false etc.
Acquisition contravenes Subdivision B of Division 1A of Part IV if Commission made acquisition determination.
81B(1) Divestiture etc. if acquisition determinations made on false etc.
False information in acquisition determinations
81B(2) Divestiture etc. if acquisition determinations made on false etc.
Information was false or misleading in a material part
Divestiture if acquisition determinations made on false information
81B(3) Divestiture etc. if acquisition determinations made on false etc.
Defines temporal interval for divestiture
(3) This subsection applies if: (a) putting the acquisition into effect is subject to a condition; and (b) the condition is not complied with.
Classifies divestiture as a consequence of non-compliance with acquisition determinations
Prohibits divestiture if acquisition determinations made on false information
Diffuses divestiture as a consequence of non-compliance
Federal Court may give directions for securing disposal of acquired assets.
81B(4) Divestiture etc. if acquisition determinations made on false etc.
Acquisition declared void if made on false acquisition determinations
81B(5) Divestiture etc. if acquisition determinations made on false etc.
Court may not make order under subsection (5) if person from whom thing was acquired was involved in contravention or non-compliance.
81B(6) Divestiture etc. if acquisition determinations made on false etc.
Court may not make order under subsection (5) if person was involved in contravention or non-compliance during acquisition.
Excerpt describes a temporal relationship between events.
Court being satisfied of matters in subsection (1)
Court may not make order under subsection (5)
Court cannot make order if person was involved in contravention or non-compliance.
Court may not make order under subsection (5) if person was involved in contravention or non-compliance.
Excerpt describes a prohibition on Court making order.
If Court makes order under subsection (5), thing is not disposed of by vendor.
81B(7) Divestiture etc. if acquisition determinations made on false etc.
If order made, thing is not disposed of.
competition-and-consumer-act-2010.pdf, p.350
82 Actions for damages
Recover loss or damage from contravention of certain provisions
82(1) Actions for damages
Action can be commenced within 6 years after the day on which the cause of action accrued.
82(2) Actions for damages
Ability to commence an action within a specified timeframe.
Seek an order from the court during proceedings on a matter.
82(3) Actions for damages
Court may order applicant not liable for costs of respondents.
82(4) Actions for damages
Court must satisfy conditions before making an order for damages.
82(5) Actions for damages
Court may satisfy itself of matters in subsection (5) by having regard only to documents filed with the court.
82(6) Actions for damages
82(7) Actions for damages
competition-and-consumer-act-2010.pdf, p.352
83 Findings and admissions of fact in proceedings to be evidence
Findings and admissions of fact in proceedings are prima facie evidence.
83(1) Findings and admissions of fact in proceedings to be evidence
Therefore, these findings and admissions are prima facie evidence.
Obligation to provide prima facie evidence.
Findings and admissions of fact in proceedings are made in certain types of proceedings.
Therefore, permission to provide prima facie evidence is not required.
Permission to provide prima facie evidence is not required.
There is no requirement for a person to provide prima facie evidence in proceedings.
Therefore, there is an obligation on the person to provide prima facie evidence in certain types of proceedings.
There is an obligation on the person to provide prima facie evidence in certain types of proceedings.
The court's findings are a basis for the admission of prima facie evidence.
Therefore, findings and admissions of fact in proceedings are justified by the court's findings.
Findings and admissions of fact in proceedings are justified by the court's findings.
The court's findings are a justification for the admission of prima facie evidence.
Therefore, findings and admissions of fact in proceedings have a temporal relation to the proceedings.
Findings and admissions of fact in proceedings have a temporal relation to the proceedings.
The findings and admissions of fact in proceedings occur at the same time as the proceedings.
Produce a document under court seal to prove a finding or admission.
83(2) Findings and admissions of fact in proceedings to be evidence
84 Conduct by directors, employees or agents
Establishing state of mind for directors, employees or agents of a body corporate
84(1) Conduct by directors, employees or agents
(e) The director, employee or agent had that state of mind.
Requires the director, employee or agent to be within their actual or apparent authority
(d) The director, employee or agent had that state of mind.
Requires the director, employee or agent to be acting within their actual or apparent authority
(d) The director, employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority.
Requires the director, employee or agent to be engaged in the conduct
(c) A director, employee or agent of the body corporate engaged in that conduct.
Requires the conduct to be engaged in by a body corporate
(b) A proceeding in respect of conduct engaged in by a body corporate, being conduct in relation to which section 153E, 153F, 153G or 153H applies;
Requires the conduct to be in relation to which section 45AJ, 45AK, 46 or 46A, Part IVB, IVBA, IVBB or IVE, section 55B, Part V, subsection 56BN(1), 56BO(1) or 56BU(1), section 56BZA, 56BZB or 56BZC applies
(b) A proceeding under this Part in respect of conduct engaged in by a body corporate, being conduct in relation to which section 45AJ, 45AK, 46 or 46A, Part IVB, IVBA, IVBB or IVE, section 55B, Part V, subsection 56BN(1), 56BO(1) or 56BU(1), section 56BZA, 56BZB or 56BZC,
Requires the conduct to be in relation to which section 45AF or 45AG applies
(a) a prosecution for an offence against section 45AF or 45AG or subsection 56BN(1) or 56BZI(1) in respect of conduct engaged in by a body corporate;
Any conduct engaged in on behalf of a body corporate shall be deemed to have been engaged by the body corporate.
84(2) Conduct by directors, employees or agents
Prohibits conduct on behalf of a body corporate
Prohibition on conduct by directors, employees or agents
84(3) Conduct by directors, employees or agents
competition-and-consumer-act-2010.pdf, p.355
Defences against conduct in contravention of a provision
85 Defences
86 Jurisdiction of courts
Jurisdiction of courts is conferred on the Federal Court.
86(1) Jurisdiction of courts
Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) in certain matters.
86(1A) Jurisdiction of courts
competition-and-consumer-act-2010.pdf, p.357
Civil proceeding pending in Federal Court
86A Transfer of matters
State is obligated to handle civil proceedings
Limit on jurisdiction of Federal Circuit and Family Court of Australia (Division 2)
86AA Limit on jurisdiction of Federal Circuit and Family Court of
Prohibits exceeding $750,000 in loss or damage
competition-and-consumer-act-2010.pdf, p.358
86C Non-punitive orders
The Court may make non-punitive orders in relation to a person who has engaged in contravening conduct.
86C(1) Non-punitive orders
Court may make non-punitive orders on application by Director of Public Prosecutions.
86C(1A) Non-punitive orders
List of orders that can be made by the Court in relation to a person.
86C(2) Non-punitive orders
Court's powers under other provisions of the Act are not limited.
86C(3) Non-punitive orders
Community service order for a person who has engaged in contravening conduct.
86C(4) Non-punitive orders
Imposes a duty on the state to direct the person to perform community service.
Classifies the key as a provision related to community service orders.
competition-and-consumer-act-2010.pdf, p.360
86D Punitive orders—adverse publicity
Prohibition on adverse publicity order for certain individuals
86D(1) Punitive orders—adverse publicity
The adverse publicity order applies during the period from when it is made to when the person is no longer guilty or has paid the penalty
Describes the temporal interval during which the adverse publicity order applies
The adverse publicity order applies until the person is no longer guilty of the offence or has paid the pecuniary penalty
AI can be used to enforce the adverse publicity order
Describes how AI can be used to enforce the adverse publicity order
The adverse publicity order can be enforced using AI-powered monitoring and reporting tools
A person who meets the conditions cannot be subject to an adverse publicity order
Prohibits making an adverse publicity order
The Court may not make an adverse publicity order
The adverse publicity order spreads through media and public disclosure
Describes how the adverse publicity order spreads to other individuals
The adverse publicity order applies through the media and public disclosure
The adverse publicity order remains in effect until the person is no longer guilty or has paid the penalty
Describes the temporal interval until which the adverse publicity order remains in effect
The adverse publicity order remains in effect until the person is no longer guilty of the offence or has paid the pecuniary penalty
Court may make adverse publicity order against a person guilty of certain offences.
86D(1A) Punitive orders—adverse publicity
Requires person to disclose and publish information
86D(2) Punitive orders—adverse publicity
Prohibits disclosure and publication of information
86D(3) Punitive orders—adverse publicity
competition-and-consumer-act-2010.pdf, p.361
Disqualification from managing corporations for contravention of certain laws.
86E Order disqualifying a person from managing corporations
...for a period that the Court considers appropriate if: ...
Prohibits managing corporations for contravention of laws.
(1) On application by the Commission, the Court may make an order disqualifying a person from managing corporations...
...and (b) the Court is satisfied that the disqualification is justified.
Requires justification for disqualification.
(b) the Court is satisfied that the disqualification is justified.
Implies a causal relationship between contravention and disqualification.
competition-and-consumer-act-2010.pdf, p.363
86F Privilege against exposure to penalty—disqualification from
Must answer questions or provide information in a civil or criminal proceeding under this Act.
86F(1) Privilege against exposure to penalty—disqualification from
Must answer questions or provide information.
Statutory requirement applies regardless of proceeding
86F(2) Privilege against exposure to penalty—disqualification from
Must answer questions or provide information, produce documents, etc.
86F(3) Privilege against exposure to penalty—disqualification from
Disqualification from penalty for exposure
86F(4) Privilege against exposure to penalty—disqualification from
competition-and-consumer-act-2010.pdf, p.364
87 Other orders
Court may make order against person who engaged in conduct that caused loss or damage to another party.
87(1) Other orders
Obligation to make order against person who engaged in conduct.
Court may impose civil penalty provisions on individuals or organizations that engage in contravention of certain sections.
87(1A) Other orders
Excerpt refers to a period during which individuals or organizations may engage in contravention.
Reason is that individuals or organizations have suffered loss or damage.
Excerpt provides a reason for the court to impose civil penalty provisions.
Civil penalty provisions may be imposed.
Court imposes obligation on individuals or organizations.
Court may impose civil penalty provisions on individuals or organizations that engage in contravention.
Class of persons is defined by subsection (1BAA)
Excerpt describes a class of persons who have suffered loss or damage.
All individuals or organizations are subject to civil penalty provisions.
Excerpt applies to all individuals or organizations that engage in contravention.
Commission may make an application on behalf of one or more persons
87(1B) Other orders
competition-and-consumer-act-2010.pdf, p.369
87AA Special provision relating to Court’s exercise of powers under
Court must have regard to applicant's action before an industrial authority in relation to boycott conduct.
87AA(1) Special provision relating to Court’s exercise of powers under
Court has an obligation to consider applicant's action.
Boycott conduct is prohibited under certain provisions.
87AA(2) Special provision relating to Court’s exercise of powers under
Boycott conduct is related to the relevant provisions in a temporal manner.
Establishes a temporal relation between boycott conduct and the relevant provisions.
(2) In this section: ... (a) a contravention of subsection 45D(1), 45DA(1), 45DB(1), 45E(2) or 45E(3) or section 45EA;
If boycott conduct occurs, it is a contravention of the relevant provisions.
Establishes an implication between boycott conduct and the relevant provisions.
Boycott conduct is a contravention of certain provisions.
Classifies boycott conduct as a contravention of certain provisions.
(a) a contravention of subsection 45D(1), 45DA(1), 45DB(1), 45E(2) or 45E(3) or section 45EA;
Boycott conduct is part of a recurring trace with the relevant provisions.
Establishes a recurring trace between boycott conduct and the relevant provisions.
competition-and-consumer-act-2010.pdf, p.370
87B Enforcement of undertakings
Commission may accept written undertaking from person.
87B(1) Enforcement of undertakings
Commission may accept a written undertaking given by a person for the purposes of this section in connection with a merger authorization.
87B(1A) Enforcement of undertakings
...in connection with a merger authorization.
The Commission may accept a written undertaking...
Commission may accept a written undertaking...
The person may withdraw or vary the undertaking with Commission's consent.
87B(2) Enforcement of undertakings
Permission to withdraw or vary the undertaking.
Commission may apply to Court for an order if undertaking is breached.
87B(3) Enforcement of undertakings
Breach of undertaking triggers application
Court may make orders to enforce undertaking breach
87B(4) Enforcement of undertakings
competition-and-consumer-act-2010.pdf, p.371
87C Enforcement of undertakings—Secretary of the Department
Secretary may accept written undertaking from a person.
87C(1) Enforcement of undertakings—Secretary of the Department
Secretary of the Department must consent to withdrawal or variation of undertaking.
87C(2) Enforcement of undertakings—Secretary of the Department
Secretary may apply to Court for order if person breaches undertaking terms
87C(3) Enforcement of undertakings—Secretary of the Department
Court may order person to comply with breached undertaking term.
87C(4) Enforcement of undertakings—Secretary of the Department
Court has obligation to order person to comply with breached undertaking term.
87CA Intervention by Commission
Commission may intervene in proceedings with Court leave and conditions.
87CA(1) Intervention by Commission
Commission has rights and liabilities of a party in a proceeding.
87CA(2) Intervention by Commission
competition-and-consumer-act-2010.pdf, p.372
87CB Application of Part
Application of Part for economic loss or damage to property caused by contravention of section 18.
87CB(1) Application of Part
...if the claim is an apportionable claim...
Part applies to a claim if conditions are met.
Single apportionable claim for the same loss or damage
87CB(2) Application of Part
87CB(3) Application of Part
Limits apportionable claims to those specified in subsection (1)
87CB(4) Application of Part
No matter that a concurrent wrongdoer is insolvent, etc.
87CB(5) Application of Part
No obligation regardless of wrongdoer's status
(5) For the purposes of this Part, it does not matter...
87CC Certain concurrent wrongdoers not to have benefit of
Concurrent wrongdoers not to have benefit of certain liability
87CC(1) Certain concurrent wrongdoers not to have benefit of
This provision applies during proceedings involving concurrent wrongdoers with apportionable claims
Applies during proceedings involving concurrent wrongdoers
Concurrent wrongdoer's actions imply intent to cause economic loss or damage
Implies intent to cause economic loss or damage
(a) the concurrent wrongdoer intended...
This provision regulates the liability of concurrent wrongdoers
Regulates concurrent wrongdoers' liability
Concurrent wrongdoer not entitled to benefit from exclusion
Excludes exclusion of liability for concurrent wrongdoers
Nothing in this Part operates to exclude the liability...
This provision applies through fraudulent conduct by concurrent wrongdoers
(b) the concurrent wrongdoer fraudulently...
Liability of excluded concurrent wrongdoer determined by relevant legal rules.
87CC(2) Certain concurrent wrongdoers not to have benefit of
The liability of an excluded concurrent wrongdoer is to be determined in accordance with the legal rules (if any) that...
Determines liability of excluded concurrent wrongdoer.
(apart from this Part) are relevant legal rules
Determine liability of concurrent wrongdoer according to this Part's provisions.
87CC(3) Certain concurrent wrongdoers not to have benefit of
competition-and-consumer-act-2010.pdf, p.373
87CD Proportionate liability for apportionable claims
Proportionate liability for apportionable claims
87CD(1) Proportionate liability for apportionable claims
Limits defendant's liability to proportionate amount
Liability for apportionable claims and non-apportionable claims
87CD(2) Proportionate liability for apportionable claims
Obligation to determine liability for apportionable claims
Exclude proportion of damage due to plaintiff's contributory negligence
87CD(3) Proportionate liability for apportionable claims
competition-and-consumer-act-2010.pdf, p.374
87CE Defendant to notify plaintiff of concurrent wrongdoer of
Notify plaintiff of concurrent wrongdoer if reasonable grounds exist.
87CE(1) Defendant to notify plaintiff of concurrent wrongdoer of
Defendant has an obligation to notify plaintiff.
Defendant must pay costs on an indemnity basis or otherwise.
87CE(2) Defendant to notify plaintiff of concurrent wrongdoer of
The defendant must pay costs on an indemnity basis or otherwise.
The court may order that the costs to be paid by the defendant...
competition-and-consumer-act-2010.pdf, p.375
Defendant cannot be required to contribute or indemnify another wrongdoer.
87CF Contribution not recoverable from defendant
Prohibition of contribution and indemnification
87CG Subsequent actions
Allows a plaintiff to bring another action against a concurrent wrongdoer for the same damage or loss.
87CG(1) Subsequent actions
87CG(2) Subsequent actions
Limits the amount of damages that can be recovered
87CH Joining non-party concurrent wrongdoer in the action
Court may give leave to join a non-party concurrent wrongdoer in the action.
87CH(1) Joining non-party concurrent wrongdoer in the action
Court cannot give leave for joinder of previously concluded proceedings person
87CH(2) Joining non-party concurrent wrongdoer in the action
87CI Application of Part
competition-and-consumer-act-2010.pdf, p.377
87D Definitions
competition-and-consumer-act-2010.pdf, p.379
Proceedings under Australian Consumer Law
87E Proceedings to which this Part applies
...to proceedings taken under the Australian Consumer Law:
competition-and-consumer-act-2010.pdf, p.380
87F Basic rule
Court cannot award personal injury damages after a certain period.
87F(1) Basic rule
Prohibition of awarding personal injury damages
Exempts proceedings from death or injury due to tobacco use.
87F(1A) Basic rule
Prevents an award of personal injury damages under certain conditions.
87F(2) Basic rule
Prevents an award of personal injury damages
competition-and-consumer-act-2010.pdf, p.381
Defines date of discoverability for death or injury claims.
87G Date of discoverability
competition-and-consumer-act-2010.pdf, p.383
87H Long-stop period
Defines long-stop period for death or injury claims
87H(1) Long-stop period
Court cannot extend discovery period beyond 3 years.
87H(2) Long-stop period
(2) The court must not extend the period by more than 3 years beyond the date of discoverability for the death or injury.
Prohibition of extending discovery period
Court must consider justice of case when extending period.
87H(3) Long-stop period
Court's consideration is within a temporal interval
Temporal interval within which court must consider justice of case
(3) In considering whether to extend the period, the court must have regard to:
Court's consideration is within a temporal interval (CogAI)
Temporal interval within which court must consider justice of case (CogAI)
(3) In considering whether to extend the period, the court must have regard to...
Court's consideration is within a temporal interval (diffusion)
Temporal interval within which court must consider justice of case (diffusion)
Court's consideration is within a temporal interval (LTL)
Temporal interval within which court must consider justice of case (LTL)
Disregard periods of minority or incapacity when determining the expiration of a period.
87J The effect of minority or incapacity
Disregard any period during which the plaintiff has been unable to work.
Temporal overlap between minority or incapacity periods and the expiration of a period
The long-stop period may have begun before the plaintiff's minority or incapacity began.
Temporal overlap between minority or incapacity periods and the expiration of a period (cognitive AI)
The plaintiff's inability to work is a characteristic of the class of persons affected by the provision.
The period of 3 years after the date of discoverability has expired.
Temporal overlap between minority or incapacity periods and the expiration of a period (diffusion)
Temporal overlap between minority or incapacity periods and the expiration of a period (recurring trace)
The plaintiff's inability to work is a recurring characteristic of the class of persons affected by the provision.
competition-and-consumer-act-2010.pdf, p.384
87K The effect of close relationships
If a cause of action is founded on the death or injury to a minor, disregard any period before the victim turns 25.
87K(1) The effect of close relationships
...who was a parent or guardian of the victim; or a person in a close relationship with a parent or guardian of the victim...
Temporal interval between the victim's birth and the date of discoverability.
(b) the proceeding is taken against a person who was at that time:...
Entity relationship between the victim and the person in a close relationship with a parent or guardian.
(i) a person in a close relationship with a parent or guardian of the victim;
Obligation to disregard periods before the victim turns 25.
If a cause of action is founded on the death or injury to a minor, then disregard any period before the victim turns 25.
Temporal interval until the long-stop period expires.
(c) before the victim turns 25; or (d) if the victim dies before turning 25—before the victim’s death.
A person is taken to be in a close relationship with a parent or guardian if they might influence the parent or guardian not to bring a claim on behalf of the victim.
87K(2) The effect of close relationships
The time period between these events is relevant to the classification of close relationships.
Temporal interval between influence and disclosure
There is a temporal interval between when the person might influence the parent or guardian and when the victim might be unwilling to disclose.
The system recognizes this pattern as a key factor in determining close relationships.
Pattern recognition in influence and disclosure
This pattern of influence and disclosure is recognized as relevant to the classification of close relationships.
The person is taken to be in a close relationship if they might influence the parent or guardian.
Person's relationship with parent or guardian might affect the parent or guardian's decision.
The person is taken to be in a close relationship if the victim might be unwilling to disclose.
The victim might be unwilling to disclose acts, omissions, or events to the parent or guardian.
The person's actions might create a recurring trace that affects the classification of close relationships.
Recurring trace of influence and disclosure
This pattern of influence and disclosure might be recurring in similar situations.
competition-and-consumer-act-2010.pdf, p.385
Court cannot award damages for non-economic loss exceeding permitted amount.
87L Limits on damages for non-economic loss
87M Maximum amount of damages for non-economic loss
Maximum amount of damages for non-economic loss
87M(1) Maximum amount of damages for non-economic loss
The maximum amount of damages for non-economic loss is $250,000.
Rounding of damages for non-economic loss
87M(2) Maximum amount of damages for non-economic loss
Does not affect operation of section 86AA
87M(3) Maximum amount of damages for non-economic loss
competition-and-consumer-act-2010.pdf, p.386
87N Index numbers
The index number for a quarter is the All Groups Consumer Price Index number.
87N(1) Index numbers
Disregard publication of later index number if previous one is still in effect.
87N(2) Index numbers
Disregard publication of later index number for the purposes of this section.
Disregard later publication if previous one is still in effect.
Regard index numbers published in terms of the new index reference period when applying this section after a change.
87N(3) Index numbers
87N(4) Index numbers
87P Most extreme cases
Court must not award personal injury damages for non-economic loss in most extreme cases.
87P(1) Most extreme cases
Most extreme cases are defined by a specific temporal interval
Temporal relation between court decision and most extreme case definition
Court decision is subject to temporal constraints
Non-economic loss must be considered in damages assessment
Damages assessment implies non-economic loss consideration
Damages assessment is relevant to non-economic loss
State bears the duty to prevent non-economic loss
Prohibition of damages affects all cases
Defines most extreme case for non-economic loss
87P(2) Most extreme cases
87Q Cases of 33% or more (but not 100%) of a most extreme case
Court must not award personal injury damages for non-economic loss exceeding a certain percentage.
87Q(1) Cases of 33% or more (but not 100%) of a most extreme case
...the court must not award as personal injury damages for non-economic loss an amount that exceeds the applicable percentage...
Restriction applies to a specific time period.
(1) If the non-economic loss the plaintiff suffers is at least 33%, but less than 100%...
Court's decision may be subject to argument.
Court must not award personal injury damages.
(1) If the non-economic loss the plaintiff suffers is at least 33%, but less than 100% of a most extreme case...
Restriction may be applied in similar cases.
Court's decision implies a restriction on damages.
Defines applicable percentage for non-economic loss
87Q(2) Cases of 33% or more (but not 100%) of a most extreme case
(2) The applicable percentage is the extent of the non-economic loss the plaintiff suffers, expressed as a percentage of a most extreme case.
Requires a relation between identifiable temporal intervals
Court must not award personal injury damages for non-economic loss exceeding a certain amount.
87R Cases of 15% or more (but less than 33%) of a most extreme
competition-and-consumer-act-2010.pdf, p.388
Court must not award personal injury damages for non-economic loss if the plaintiff suffers less than 15% of a most extreme case.
87S Cases of less than 15% of a most extreme case
No personal injury damages for non-economic loss during this time.
Plaintiff suffers non-economic loss before or after the most extreme case.
No personal injury damages for non-economic loss in this case.
Plaintiff suffers less than 15% of a most extreme case.
No personal injury damages for non-economic loss.
No personal injury damages for non-economic loss in these cases.
Plaintiff suffers less than 15% of a most extreme case widely.
Plaintiff suffers less than 15% of a most extreme case repeatedly.
87T Referring to earlier decisions on non-economic loss
Court may refer to earlier decisions for non-economic loss damages
87T(1) Referring to earlier decisions on non-economic loss
Referencing earlier decisions on non-economic loss
87T(2) Referring to earlier decisions on non-economic loss
Does not affect rules for determination of other damages or compensation.
87T(3) Referring to earlier decisions on non-economic loss
competition-and-consumer-act-2010.pdf, p.389
Court must disregard amount of plaintiff's gross weekly earnings exceeding twice the average weekly earnings for the quarter.
87U Personal injury damages for loss of earning capacity
Defines average weekly earnings for a quarter.
87V Average weekly earnings
as the average weekly earnings for all employees (total earnings, seasonally adjusted) for the reference period in that quarter
Identifies the source of average weekly earnings data
Published by the Australian Statistician
competition-and-consumer-act-2010.pdf, p.391
87W Personal injury damages for gratuitous attendant care services
Court cannot award personal injury damages for gratuitous attendant care services.
87W(1) Personal injury damages for gratuitous attendant care services
Court cannot award personal injury damages.
Court must be satisfied that certain conditions are met for gratuitous attendant care services.
87W(2) Personal injury damages for gratuitous attendant care services
Court must be satisfied that certain conditions are met
No personal injury damages for gratuitous attendant care services exceeding average weekly earnings
87W(3) Personal injury damages for gratuitous attendant care services
Services overlap with quarter in which average weekly earnings are ascertained
(3) If the services were provided during a quarter...
Prohibits awarding personal injury damages for gratuitous attendant care services exceeding average weekly earnings
Personal injury damages for gratuitous attendant care services
87W(4) Personal injury damages for gratuitous attendant care services
competition-and-consumer-act-2010.pdf, p.392
87X Personal injury damages for loss of plaintiff’s capacity to
Court cannot award damages for loss of capacity to provide gratuitous care services.
87X(1) Personal injury damages for loss of plaintiff’s capacity to
Court must be satisfied that plaintiff provided services for at least 6 hours/week and over 6 months prior to loss of capacity.
87X(2) Personal injury damages for loss of plaintiff’s capacity to
Court must not award personal injury damages for services exceeding average weekly earnings
87X(3) Personal injury damages for loss of plaintiff’s capacity to
Court must not award damages for services exceeding a certain threshold.
87X(4) Personal injury damages for loss of plaintiff’s capacity to
Court must not award damages exceeding this threshold
Services provided for at least 40 hours/week
Court must not award damages exceeding 1/40 of average weekly earnings
Services provided for less than 40 hours/week
competition-and-consumer-act-2010.pdf, p.394
87Y Damages for future economic loss—discount rate
Prescribes a discount rate for future economic loss
87Y(1) Damages for future economic loss—discount rate
Regulation cannot commence before a certain period after being laid before Parliament.
87Y(2) Damages for future economic loss—discount rate
...on that day or on the later of those days.
Temporal interval starts after regulation is laid before Parliament.
the end of the period of 6 months starting...
Regulation applies to all relevant parties after being laid before Parliament.
before the end of the period of 6 months starting...
Regulation made for the purposes of paragraph (1)(a)
Regulation diffuses to all relevant parties after being laid before Parliament.
Does not affect other laws regarding damages discounting
87Y(3) Damages for future economic loss—discount rate
Court cannot award personal injury damages exceeding a certain amount for economic loss due to loss of employer superannuation contributions.
87Z Damages for loss of superannuation entitlements
The prohibition applies to past economic loss due to loss of earnings or deprivation of earning capacity.
Section 87ZA (a) of the Competition and Consumer Act 2010
Court cannot award personal injury damages exceeding a certain amount.
Section 87Z of the Competition and Consumer Act 2010
Section 87ZA (a) and (b) of the Competition and Consumer Act 2010
The prohibition applies to future economic loss due to deprivation of earning capacity.
Section 87ZA (b) of the Competition and Consumer Act 2010
competition-and-consumer-act-2010.pdf, p.395
87ZA Interest on damages
Court cannot order interest on certain damages
87ZA(1) Interest on damages
Prohibition of interest on personal injury damages
Court must determine interest rate for personal injury damages
87ZA(2) Interest on damages
Court obligation to determine interest rate
Payment of interest on a debt under a judgment or order of a court is unaffected.
87ZA(3) Interest on damages
87ZA(4) Interest on damages
competition-and-consumer-act-2010.pdf, p.396
87ZB Exemplary and aggravated damages
Court cannot award exemplary or aggravated damages in death or personal injury cases.
87ZB(1) Exemplary and aggravated damages
Prohibition of awarding exemplary damages
Court power to award damages not affected by this section
87ZB(2) Exemplary and aggravated damages
competition-and-consumer-act-2010.pdf, p.397
87ZC Court may make orders under section 87 for structured
Court may make orders under section 87 for structured settlement.
87ZC(1) Court may make orders under section 87 for structured
Court may make orders under section 87 in a proceeding that is not a proceeding to which this Part applies.
87ZC(2) Court may make orders under section 87 for structured
87ZC(3) Court may make orders under section 87 for structured
Court must make orders under section 87.
Structured settlement is an agreement that provides for the payment of all or part of an award of damages.
competition-and-consumer-act-2010.pdf, p.398
87ZP Definitions
Defines industry code of practice and minor variation.
87ZP(1) Definitions
Reference definition for Commission notices
87ZP(2) Definitions
Temporal relation between revocation and substitution
(2) A reference in this Division to a proposal of the Commission is a...
Reference to an authorisation under this Division
87ZP(3) Definitions
88 Commission may grant authorisations
Commission may grant authorisation to engage in conduct specified in the authorisation.
88(1) Commission may grant authorisations
The Commission may grant an authorisation.
88(1A) Commission may grant authorisations
Exemptions from Division 1 or 2 of Part IV
88(2) Commission may grant authorisations
Commission may specify conditions in authorisation
88(3) Commission may grant authorisations
Commission must give undertaking under section 87B
88(4) Commission may grant authorisations
Commission may grant separate authorisations for any of the conduct.
88(5) Commission may grant authorisations
Commission cannot grant authorisation before decision on application.
88(6) Commission may grant authorisations
The Commission does not have power to grant an authorisation for conduct engaged in before the decision on application.
The Commission has power to grant authorisations and decides the application for the authorisation at time A, but not before time B.
The Commission has power to grant authorisations and decides the application for the authorisation, but not before time A.
Commission does not have power to grant authorisation.
Commission has power to grant authorisation.
The Commission has power to grant authorisations and decides the application for the authorisation.
competition-and-consumer-act-2010.pdf, p.400
89 Procedure for applications and the keeping of a register
Application requirements for authorisation
89(1) Procedure for applications and the keeping of a register
Application is valid if it meets the requirements
Commission must give written notice to applicant within 5 business days if application is deemed invalid.
89(1A) Procedure for applications and the keeping of a register
Commission must prohibit applicant from proceeding.
Defines business day for purposes of subsection (1A)
89(1B) Procedure for applications and the keeping of a register
business day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.
(1B) For the purposes of subsection (1A)
89(2) Procedure for applications and the keeping of a register
The Commission must cause notice of the receipt of that application to be made public.
(2) If the Commission receives an application...
Register of applications for authorisations and revocations.
89(3) Procedure for applications and the keeping of a register
The register must include certain documents and information.
89(4) Procedure for applications and the keeping of a register
Request for exclusion of document or submission from register
89(5) Procedure for applications and the keeping of a register
competition-and-consumer-act-2010.pdf, p.403
90 Determination of applications for authorisations
Commission must make a determination in writing granting or dismissing an application for authorisation.
90(1) Determination of applications for authorisations
Commission must make a determination in writing.
Commission must state reasons for determination
90(4) Determination of applications for authorisations
90A Commission to afford opportunity for conference before
Commission must prepare draft determination before determining an application for authorisation.
90A(1) Commission to afford opportunity for conference before
Commission must invite applicant and interested persons to notify about conference
90A(2) Commission to afford opportunity for conference before
Commission must inform applicant of draft determination
90A(3) Commission to afford opportunity for conference before
The Commission must send a copy of the draft determination and a summary of reasons with each notice under subsection (2).
90A(4) Commission to afford opportunity for conference before
The Commission must send a copy of the draft determination and a summary of reasons.
Failure to notify within 14 days allows Commission to make determination without conference.
90A(5) Commission to afford opportunity for conference before
Notification period overlaps with Commission's action.
Temporal interval for notification period.
Commission may make determination without conference.
Prohibits failure to notify within 14 days.
competition-and-consumer-act-2010.pdf, p.412
90B Commission may rely on consultations undertaken by the
Commission may rely on consultations undertaken by the AEMC.
90B(1) Commission may rely on consultations undertaken by the
(1) This section applies if: (a) an application under section 88, 91A, 91B or 91C is made in relation to the National Electricity Rules or a provision of the Rules; and (b) the AEMC has done the following: (i) published the Rules or the provision and invited people to make submissions to it on the Rules or the provision; (ii) specified the effect of subsection (2) when it published the Rules or the provision; (iii) considered any submissions that were received within the time limit specified by it when it published the Rules or the provision.
90B(2) Commission may rely on consultations undertaken by the
90B(3) Commission may rely on consultations undertaken by the
Identifies the scope of National Electricity Rules
(a) the National Electricity Rules, as in force from time to time,
...or (c) those Rules as they apply as a law of a Territory;
(b) those Rules as they apply as a law of another State;
...or (c) those Rules as they apply as a law of the Commonwealth.
(d) those Rules as they apply as a law of the Commonwealth.
competition-and-consumer-act-2010.pdf, p.413
91 Grant and variation of authorisations
Authorisation period specified in authorisation
91(1) Grant and variation of authorisations
91(1A) Grant and variation of authorisations
91(1B) Grant and variation of authorisations
competition-and-consumer-act-2010.pdf, p.415
91A Minor variations of authorisations
Granting minor variations of authorisation
91A(1) Minor variations of authorisations
Commission must satisfy minor variation application
91A(2) Minor variations of authorisations
competition-and-consumer-act-2010.pdf, p.418
91B Revocation of an authorisation
Application for revocation of authorisation
91B(1) Revocation of an authorisation
Commission must notify interested persons of revocation application and basis.
91B(2) Revocation of an authorisation
Revocation of an authorisation if certain conditions are met
91B(3) Revocation of an authorisation
The Commission considers revocation during overlapping time periods.
Overlaps with temporal intervals related to authorisation grant
there has been a material change of circumstances since the authorisation was granted;
The Commission informs persons of proposed revocation.
Implies that persons interested must be informed of proposed revocation
(d) inform those persons that it is considering the revocation of the authorisation;
Analyzes submissions received in response to proposed revocation
(f) invite submissions in respect of the revocation within a period specified by the Commission.
The Commission may revoke the authorisation.
Prohibits revocation of an authorisation under certain conditions
(3) If, at any time after granting an authorisation...
The Commission spreads information about proposed revocation.
Spreads information about proposed revocation to interested parties
Subsection 90(6) applies in relation to an application for a revocation of an authorisation.
91B(3A) Revocation of an authorisation
Subsection 90(6) applies in relation to a proposal for revocation of an authorisation.
91B(3B) Revocation of an authorisation
Proposal for revocation of an authorisation
Subsection applies in relation to a proposal for revocation of an authorisation.
Subsection applies to proposals for revocation of an authorisation.
Commission's decision on revoking an authorisation
91B(4) Revocation of an authorisation
Commission must not make a determination revoking the authorisation unless satisfied.
91B(5) Revocation of an authorisation
Commission must not make a determination revoking the authorisation.
competition-and-consumer-act-2010.pdf, p.420
91C Revocation of an authorisation and substitution of a
A person may apply to revoke an authorisation and substitute a new one.
91C(1) Revocation of an authorisation and substitution of a
Notify persons interested of revocation and substitution of authorisation.
91C(2) Revocation of an authorisation and substitution of a
Commission may inform persons of proposed revocation and substitution of authorisation.
91C(3) Revocation of an authorisation and substitution of a
Subsection 90(6) applies in relation to an application for a revocation and substitution of an authorisation.
91C(3A) Revocation of an authorisation and substitution of a
Subsection applies in relation to an application.
Subsection 90(6) applies in relation to a proposal for revocation and substitution of an authorisation.
91C(3B) Revocation of an authorisation and substitution of a
Subsection applies in relation to a proposal.
Commission may revoke or substitute an authorisation after considering submissions.
91C(4) Revocation of an authorisation and substitution of a
Revocation or substitution is permitted.
Permission to revoke or substitute an authorisation.
Commission has the authority to make a determination.
competition-and-consumer-act-2010.pdf, p.423
Providing false or misleading information in merger authorisation applications
92 Providing false or misleading information
Prohibition of providing false or misleading information
competition-and-consumer-act-2010.pdf, p.425
92A Definitions
Defines business day for the purpose of this Division.
92A(1) Definitions
Establishes a term with a specific meaning.
Defines a term for classification purposes.
92A(2) Definitions
92B Commission may grant authorisations in exceptional
92B(1) Commission may grant authorisations in exceptional
Commission may grant authorisations in exceptional circumstances.
92B(2) Commission may grant authorisations in exceptional
Form, prescribed documents, and application statement
competition-and-consumer-act-2010.pdf, p.426
Application must be in approved form and contain required information.
92C Procedure for applications
competition-and-consumer-act-2010.pdf, p.427
92D Determination of applications
Granting or dismissing an application for authorisation
92D(1) Determination of applications
92D(2) Determination of applications
Commission must be satisfied that conduct would assist in response to exceptional circumstances.
92D(3) Determination of applications
Must consider public benefit and detriment in determination
92D(4) Determination of applications
Temporal interval for consideration of public benefit and detriment
(4) In making a determination under subsection (1), the Commission:...
Obligation to consider public benefit and detriment
Must specify exceptional circumstances or emergency
92D(5) Determination of applications
Specify exceptional circumstances or emergency
The Commission must state its reasons for a determination.
92D(6) Determination of applications
competition-and-consumer-act-2010.pdf, p.428
92E Period for which authorisations remain in force
92F Variation of authorisations
Commission may vary an authorisation under this Division.
92F(1) Variation of authorisations
Commission must ensure conduct assists in response to exceptional circumstances.
92F(2) Variation of authorisations
Must consider likely benefit and detriment to public in making determination.
92F(3) Variation of authorisations
written notice stating the variation and its details
Commission must notify applicant of variation to authorisation.
92F(4) Variation of authorisations
Variation takes effect on business day after notice is given.
92F(5) Variation of authorisations
competition-and-consumer-act-2010.pdf, p.429
92G Revocation of authorisations
Revocation of authorisation under certain circumstances
92G(1) Revocation of authorisations
Defines temporal interval for revocation consideration
(1) The Commission may, at any time, revoke an authorisation under this Division...
Revocation notice must be given to the applicant.
92G(2) Revocation of authorisations
Prohibition of authorisation revocation notice
(2) The Commission must give the person who applied for the authorisation written notice...
Revocation takes effect on business day after notice is given.
92G(3) Revocation of authorisations
Temporal intervals require AllenInterval
competition-and-consumer-act-2010.pdf, p.430
92H Register of applications and proposals
Maintain a register of applications and authorisations.
92H(1) Register of applications and proposals
The register must include a statement of reasons.
92H(2) Register of applications and proposals
Conditional delay in registering applications and proposals
92H(3) Register of applications and proposals
competition-and-consumer-act-2010.pdf, p.431
93 Notification of exclusive dealing or resale price maintenance
Corporation must notify of exclusive dealing or resale price maintenance conduct.
93(1) Notification of exclusive dealing or resale price maintenance
The information required by the form and any other prescribed documents
Requirements for a valid notice under subsection (1)
93(1A) Notification of exclusive dealing or resale price maintenance
Requires specific information to be provided
No notice can be given for conduct or proposed conduct if certain conditions are met.
93(2) Notification of exclusive dealing or resale price maintenance
(2) A corporation or other person may not give a notice under subsection (1)
notice setting out particulars of conduct or proposed conduct
May give notice to Commission about conduct or proposed conduct
93(8) Notification of exclusive dealing or resale price maintenance
competition-and-consumer-act-2010.pdf, p.452
93A Commission to afford opportunity for conference before giving
Draft notice must be prepared before giving a notice under certain subsections.
93A(1) Commission to afford opportunity for conference before giving
Commission must invite corporation or person to notify on conference
93A(2) Commission to afford opportunity for conference before giving
Must provide notice and invite conference
The Commission shall send with each notice under subsection (2) a copy of the draft notice and a summary of the reasons why it proposes to give the notice.
93A(3) Commission to afford opportunity for conference before giving
The Commission must send with each notice under subsection (2) a copy of the draft notice and a summary of the reasons why it proposes to give the notice.
Commission must decide whether to give notice after 14-day period of silence from persons notified.
93A(4) Commission to afford opportunity for conference before giving
Commission must hold conference if requested within 14 days
93A(5) Commission to afford opportunity for conference before giving
Commission must afford opportunity for conference before giving notice.
93A(6) Commission to afford opportunity for conference before giving
competition-and-consumer-act-2010.pdf, p.438
93AA Definitions
93AB Notification of collective bargaining
A corporation may give a notice to the Commission if certain requirements are met.
93AB(1) Notification of collective bargaining
A corporation must provide a notice to the Commission if certain conditions are met.
93AB(1A) Notification of collective bargaining
Obliges the corporation to provide notice
Corporation must have made or propose to make initial contract with one or more persons about supply of particular goods or services.
93AB(2) Notification of collective bargaining
Corporation must have made initial contract.
competition-and-consumer-act-2010.pdf, p.443
93AC Commission’s objection notice
Commission may give corporation a written notice stating that it is satisfied the benefit to public does not outweigh detriment.
93AC(1) Commission’s objection notice
...the Commission may give the corporation a written notice...
Commission's objection notice has temporal interval of when it was given.
Commission justifies prohibition by considering benefit to public.
(b) the Commission is satisfied that any benefit to the public...
Commission infers prohibition from cartel provision.
(a) a corporation gives the Commission a collective bargaining notice...
Commission prohibits corporation from including cartel provision in contract.
Commission's objection notice spreads to corporation.
Commission’s obligation to respond to collective bargaining notices
93AC(2) Commission’s objection notice
competition-and-consumer-act-2010.pdf, p.446
93AD When collective bargaining notice comes into force and ceases
Collective bargaining notice comes into force after a specified period.
93AD(1) When collective bargaining notice comes into force and ceases
Collective bargaining notice ceases to be in force if withdrawn or an objection notice is given.
93AD(2) When collective bargaining notice comes into force and ceases
Collective bargaining notice ceases to be in force if Commission gives conference notice during the specified period.
Describes the timing of collective bargaining notice withdrawal and objection notice giving.
Commission gives conference notice during the period referred to in paragraph (1)(a).
Commission giving conference notice gives rise to collective bargaining notice ceasing to be in force.
Describes the relationship between Commission giving conference notice and collective bargaining notice withdrawal.
Collective bargaining notice ceases to be in force.
Prohibits collective bargaining notice coming into force under certain conditions.
Withdrawal or objection notice gives rise to collective bargaining notice ceasing to be in force.
Describes the relationship between collective bargaining notice withdrawal and cessation of its effect.
Describes the timing of collective bargaining notice giving and objection notice giving.
Conditions under which a collective bargaining notice ceases to be in force.
93AD(3) When collective bargaining notice comes into force and ceases
Defines relevant day for collective bargaining notice
93AD(4) When collective bargaining notice comes into force and ceases
competition-and-consumer-act-2010.pdf, p.449
93AE Withdrawal of collective bargaining notice
Corporation may withdraw collective bargaining notice
93AE(1) Withdrawal of collective bargaining notice
Permission to withdraw collective bargaining notice
The corporation may withdraw collective bargaining notice at any time before the Commission gives it an objection notice.
93AE(2) Withdrawal of collective bargaining notice
Withdrawal of collective bargaining notice
93AE(3) Withdrawal of collective bargaining notice
then the collective bargaining notice is taken to be withdrawn.
Prohibits withdrawal of collective bargaining notice
competition-and-consumer-act-2010.pdf, p.450
No further collective bargaining notice under subsection 93AB(1) may be given.
93AF Only 1 collective bargaining notice under subsection 93AB(1)
No further collective bargaining notice may be given
Prohibition of further collective bargaining notice
Given a collective bargaining notice under subsection 93AB(1)
The provision restricts the giving of collective bargaining notices
Restriction on the giving of collective bargaining notices
The provision limits the number of collective bargaining notices that can be given
The provision enforces the prohibition on further collective bargaining notices
Enforcement of the prohibition on further collective bargaining notices
The provision establishes a duty to comply with the prohibition
The prohibition implies that no further collective bargaining notice may be given
Implication of the prohibition on further collective bargaining notices
If a collective bargaining notice is given, no further notice may be given
93AG Stop notice for collective boycott conduct
Stop notice for collective boycott conduct
93AG(1) Stop notice for collective boycott conduct
...the Commission reasonably believes that...
Defines temporal interval for material change of circumstances
(c) there has been a material change of circumstances since...
The Commission may not give a corporation a written notice (a stop notice) if...
(a) the corporation has given the Commission a collective bargaining notice that relates (wholly or partly) to collective boycott conduct;
Commission must provide written statement of reasons for stop notice. Stop notice for collective boycott conduct
93AG(2) Stop notice for collective boycott conduct
Collective bargaining notice not in force under section 93AD for collective boycott conduct
93AG(3) Stop notice for collective boycott conduct
Stop notice and collective bargaining notice overlap in time
Collective bargaining notice is taken while stop notice is in force
State infers obligation from collective bargaining notice and stop notice
Collective bargaining notice is taken for the purposes of this Act
Obligation implies prohibition of collective bargaining notice for collective boycott conduct
Collective bargaining notice is in force
Stop notice diffuses to collective bargaining notice
Collective bargaining notice repeats every time collective boycott conduct occurs
The stop notice comes into force at the specified time.
93AG(4) Stop notice for collective boycott conduct
The stop notice is in effect during this point forward.
(4) The stop notice comes into force at the time the Commission gives the corporation the stop notice.
The stop notice has an effect on the corporation from this point forward.
The stop notice's impact on the corporation.
The stop notice is enforceable from this point forward.
If the Commission gives the corporation a stop notice, then it comes into force at that time.
Stop notice ceases at end of period or Commission objection notice
93AG(5) Stop notice for collective boycott conduct
competition-and-consumer-act-2010.pdf, p.455
The Commission shall keep a register containing certain notices and documents.
95 Register of notifications
competition-and-consumer-act-2010.pdf, p.466
Definitions and interpretations for Part VIIA of the Competition and Consumer Act 2010.
95A Interpretation
competition-and-consumer-act-2010.pdf, p.459
95AA Commission may determine class exemptions
Commission may determine class exemptions
95AA(1) Commission may determine class exemptions
The Commission's determination does not affect competition for a specified period
(a) that conduct of that kind would not have the effect, or would not be likely to have the effect, of substantially lessening competition;
Commission has the power to make a determination
The Commission's determination affects competition and public benefit
The Commission's determination results in a benefit to the public
(b) that conduct of that kind would result, or would be likely to result, in a benefit to the public;
The Commission's determination results in a benefit to the public over time
Commission may specify limitations on exemptions
95AA(2) Commission may determine class exemptions
95AA(3) Commission may determine class exemptions
95AA(4) Commission may determine class exemptions
competition-and-consumer-act-2010.pdf, p.460
95AB Commission may withdraw the benefit of class exemption in
Commission may withdraw class exemption if conduct substantially lessens competition.
95AB(1) Commission may withdraw the benefit of class exemption in
Prohibits conduct that would have effect of substantially lessening competition.
Commission must provide written statement of reasons for notice.
95AB(2) Commission may withdraw the benefit of class exemption in
Determination does not apply to conduct engaged in by person while notice is in force.
95AB(3) Commission may withdraw the benefit of class exemption in
Temporal exclusion: Determination does not apply during notice period.
(3) While a notice under subsection (1) is in force, the determination does not apply to the conduct specified in the notice engaged in by the person.
Exclusion of determination from conduct engaged in while notice is in force.
Commission may withdraw the benefit of class exemption in certain circumstances.
95AB(4) Commission may withdraw the benefit of class exemption in
competition-and-consumer-act-2010.pdf, p.461
95AC Exceptional circumstances class exemptions
Commission may determine exemptions from certain provisions under exceptional circumstances.
95AC(1) Exceptional circumstances class exemptions
Exceptions for declarations under section 95AE and national emergency declarations.
95AC(2) Exceptional circumstances class exemptions
Exceptions for overlapping temporal intervals.
(b) a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020).
Includes exceptions for specific types of declarations.
95AC(3) Exceptional circumstances class exemptions
Consideration of public benefit and detriment in exceptional circumstances
95AC(4) Exceptional circumstances class exemptions
Consideration of public benefit and detriment
competition-and-consumer-act-2010.pdf, p.463
95AD Commission may withdraw the benefit of exceptional
Commission may withdraw benefit of exceptional if conduct is not appropriate.
95AD(1) Commission may withdraw the benefit of exceptional
conduct of that kind would not assist, or would not be likely to assist, in the response to or recovery from the exceptional circumstances or emergency specified in the determination;
Conduct is not within a relevant time interval
(a) a determination in force under section 95AC specifies a kind of conduct;
(ii) conduct of that kind is not appropriate.
95AD(2) Commission may withdraw the benefit of exceptional
95AD(3) Commission may withdraw the benefit of exceptional
Temporal overlap: Determination does not apply while notice is in force.
Exclusion of determination from conduct engaged in by person while notice is in force (CogAI).
Exclusion of determination from conduct engaged in by person while notice is in force.
Diffusion of exclusion: Determination does not apply while notice is in force.
Recurring exclusion of determination from conduct engaged in by person while notice is in force.
Notice under subsection (1) ceases to be in force at the earlier of two times.
95AD(4) Commission may withdraw the benefit of exceptional
...the day after the day the Commission gives the person the written notice;
...the time the determination under section 95AC ceases to become in force.
Ceases to be in force at the earlier of two times.
(ii) the time the determination under section 95AC ceases to become in force.
Temporal interval required for LTL application
(i) if the Commission revokes the notice—the day after the day the Commission gives the person the written notice;
competition-and-consumer-act-2010.pdf, p.464
95AE Minister may declare exceptional circumstances
The Minister may declare exceptional circumstances under this section.
95AE(1) Minister may declare exceptional circumstances
Declaration of exceptional circumstances is an obligation.
Declaration under subsection (1) has a specified start and end date.
95AE(2) Minister may declare exceptional circumstances
The Minister must declare exceptional circumstances within a specified period.
95AE(3) Minister may declare exceptional circumstances
The declaration must be made within the specified period.
The Minister must declare exceptional circumstances.
competition-and-consumer-act-2010.pdf, p.465
95AF Extension of declaration of exceptional circumstances
Minister may extend declaration of exceptional circumstances
95AF(1) Extension of declaration of exceptional circumstances
The Minister may extend the operation of an order more than once, but each extension must not exceed 3 months.
95AF(2) Extension of declaration of exceptional circumstances
Permission to extend the operation of an order
competition-and-consumer-act-2010.pdf, p.470
95B Exempt supplies
Declare supply of goods or services as exempt
95B(1) Exempt supplies
Variation or revocation of declarations by notice published in the Gazette.
95B(2) Exempt supplies
Permission to vary or revoke declarations.
This Part applies in relation to the supply of goods or services by certain entities.
95C Application of Part
competition-and-consumer-act-2010.pdf, p.471
95D Crown to be bound
95D(1) Crown to be bound
95D(2) Crown to be bound
The Crown is not liable for prosecution.
If nothing in the Part makes the Crown liable, then the Crown is not liable.
(2) Nothing in this Part makes the Crown liable to be prosecuted for an offence.
Exempts incorporated Commonwealth authorities and State/Territory authorities from the protection in subsection (2).
95D(3) Crown to be bound
The exemption applies to entities that overlap with the scope of subsection (2).
(3) The protection in subsection (2) does not apply to an incorporated Commonwealth authority or an incorporated State or Territory authority.
The exemption is recognized by the system as a valid exception.
Exempts entities from a duty or obligation.
The exemption diffuses to other entities that overlap with the scope of subsection (2).
The exemption is repeated for each entity that overlaps with the scope of subsection (2).
Prices surveillance should be applied only in markets where competitive pressures are insufficient to achieve efficient prices and protect consumers.
95E Object of this Part
95F Simplified overview of this Part
95F(1) Simplified overview of this Part
Commission or another body must hold price inquiries.
95F(2) Simplified overview of this Part
Restricts ability to increase prices, but allows for alternative
95F(3) Simplified overview of this Part
However, there is a way for the person to increase prices during that period.
(3) These inquiries may relate to the supply of goods or services by a particular person.
competition-and-consumer-act-2010.pdf, p.473
95G Commission’s functions under this Part
95G(1) Commission’s functions under this Part
The Commission must hold inquiries as required under section 95H.
95G(2) Commission’s functions under this Part
Commission may hold inquiries with Minister's approval
95G(3) Commission’s functions under this Part
The Commission must provide a report to the Minister on the results of each inquiry.
95G(4) Commission’s functions under this Part
The Commission must consider locality notices and take action in accordance with this Part.
95G(5) Commission’s functions under this Part
The Commission must consider locality notices.
The Commission must monitor prices, costs and profits in a directed industry or business.
95G(6) Commission’s functions under this Part
The Commission must monitor prices, costs and profits.
Must have particular regard to certain factors when exercising powers and performing functions.
95G(7) Commission’s functions under this Part
competition-and-consumer-act-2010.pdf, p.475
95H Price inquiries
The Minister requires the Commission to hold an inquiry into a specified matter or matters.
95H(1) Price inquiries
95H(2) Price inquiries
95H(3) Price inquiries
The other body must appoint a person to preside at the inquiry in writing.
95H(4) Price inquiries
Must appoint a person to preside at the inquiry in writing.
Minister must appoint one of the individuals to preside at the inquiry if the other body is a group of 2 or more individuals.
95H(5) Price inquiries
(a) specifying that the body will hold the inquiry; and (b) giving the Minister’s reasons for requesting the body, rather than the Commission, to hold the inquiry.
Must table a statement in each House of the Parliament
95H(5A) Price inquiries
(5A) The Minister must, as soon as practicable after confirmation that the other body will hold the inquiry...
competition-and-consumer-act-2010.pdf, p.476
95J Content of inquiry notices
Must specify goods or services description in inquiry notice
95J(1) Content of inquiry notices
Inquiry notice must specify relation to supply of goods or services
95J(2) Content of inquiry notices
Specify person or persons for inquiry notice
95J(3) Content of inquiry notices
Minister must be notified of determination by inquiry Chair.
95J(4) Content of inquiry notices
Cannot determine State or Territory authority as a person in relation to whom an inquiry will be held.
95J(5) Content of inquiry notices
Directions may be given in an inquiry notice.
95J(6) Content of inquiry notices
Inquiry body must comply with directions.
95J(7) Content of inquiry notices
(7) The inquiry body must comply with any such directions.
competition-and-consumer-act-2010.pdf, p.477
95K Period for completing inquiry
Specify period for completing inquiry and report to Minister.
95K(1) Period for completing inquiry
Inquiry body must complete inquiry and report to Minister within period.
95K(2) Period for completing inquiry
Minister may extend or further extend the completion period of an inquiry by notice in writing.
95K(3) Period for completing inquiry
Minister may extend or further extend the completion period.
Inquiry body must complete inquiry and give report within extended completion period.
95K(4) Period for completing inquiry
Inquiry completion period is greater than or equal to the original completion period.
95K(5) Period for completing inquiry
competition-and-consumer-act-2010.pdf, p.478
95L Notice of holding of inquiry
Notice of inquiry must be given by the inquiry body.
95L(1) Notice of holding of inquiry
95L(3) Notice of holding of inquiry
a notice under this section must state that the inquiry body is to hold the inquiry; specify the matter or matters in relation to which the inquiry is to be held; specify the time and place at which the inquiry is to start; in the case of a notice under subsection (3)—set out the effect of section 95N; and specify any other matter prescribed by the regulations
95L(4) Notice of holding of inquiry
Must provide notice of extension to person(s) involved in inquiry.
95M Notice of extension of period for completing inquiry
competition-and-consumer-act-2010.pdf, p.479
95N Price restrictions
Must provide a business notice stating the inquiry body's intention to hold an inquiry.
95N(1) Price restrictions
Supplying goods or services in a locality on particular terms and conditions without complying with notice.
95N(2) Price restrictions
...in that locality on the same or substantially similar terms and conditions in that period;
The supply is within the same period as previous supplies.
(b) the person has supplied goods or services...
...the current supply is not in accordance with the notice.
Prohibits supplying goods or services in a locality on particular terms and conditions.
Imposes an obligation to comply with notice.
(d) in a case where a notice has been given...
The supply is repeated within a 12-month period.
Supplies goods or services of a particular description in a locality on particular terms and conditions before the applicable day.
95N(3) Price restrictions
The supplying of goods or services before the applicable day is during the committing of an offence.
Describes the temporal relation between supplying goods or services before the applicable day and committing an offence.
(3) The person commits an offence if: (a) before the applicable day in relation to the business notice, the person supplies (the current supply) goods or services of that description in a locality on particular terms and conditions; and
The supplying of goods or services of that description in that locality on particular terms and conditions is part of having a business notice.
Describes the relation between supplying goods or services of a particular description in a locality on particular terms and conditions and having a business notice.
The person must not supply goods or services on particular terms and conditions before the applicable day.
Prohibits supplying goods or services on particular terms and conditions before the applicable day.
The supplying of goods or services before the applicable day is if the person commits an offence.
Describes the condition under which supplying goods or services before the applicable day leads to committing an offence.
The supplying of goods or services on particular terms and conditions after the applicable day is until the committing of an offence.
Describes the temporal relation between supplying goods or services on particular terms and conditions after the applicable day and committing an offence.
competition-and-consumer-act-2010.pdf, p.481
95P Copies of report to be made available
Inquiry body must send a copy of the report to the person(s) on the day it gives the Minister the report.
95P(1) Copies of report to be made available
Inquiry body must send a copy of the report.
A copy of a report must be accompanied by a notice setting out the effect of section 95Q.
95P(2) Copies of report to be made available
competition-and-consumer-act-2010.pdf, p.482
95Q Notification of proposed prices after receipt of report
Notification of proposed prices after receipt of report
95Q(1) Notification of proposed prices after receipt of report
Temporal interval for price notification
(1) This section applies if a person receives a copy of a report on an inquiry held in relation to the supply by the person of goods or services of a particular description.
Must provide written notice of proposed prices within 14 days.
95Q(2) Notification of proposed prices after receipt of report
Contravening subsection (2) is an offence.
95Q(3) Notification of proposed prices after receipt of report
(3) A person commits an offence if the person contravenes subsection (2).
Publicly available details of price or prices specified in the notice must be made available within 14 days.
95Q(4) Notification of proposed prices after receipt of report
Details of price or prices must be made available
competition-and-consumer-act-2010.pdf, p.483
95R Public inquiries etc.
Inquiry body must hold inquiry in public unless directed otherwise.
95R(1) Public inquiries etc.
The temporal interval for the inquiry is contained within the public inquiry period.
(1) An inquiry body must hold an inquiry in public, unless the Minister directs otherwise.
The artificial intelligence involved in the inquiry is contained within the public inquiry period.
The inquiry body MUST hold the inquiry in public.
The diffusion of information related to the inquiry is contained within the public inquiry period.
The temporal trace for the inquiry contains the public inquiry period.
Private inquiry evidence may be taken if witness objects or inquiry body considers desirable.
95R(2) Public inquiries etc.
Temporal overlap between private and public inquiries
(b) The inquiry body considers that it is desirable to do so.
Permission to take private inquiry evidence
Witness objects or inquiry body considers desirable.
Permits witness to give written statement instead of oral testimony.
95R(3) Public inquiries etc.
Allows witness to provide written statement.
Make available to public certain statement contents under specific conditions.
95R(4) Public inquiries etc.
Inquiry body must make available certain statement contents.
95R(5) Public inquiries etc.
Inquiry body must make available to the public submission contents.
95R(6) Public inquiries etc.
competition-and-consumer-act-2010.pdf, p.484
95S Taking of evidence on oath or affirmation
Inquiry body may take evidence on oath or affirmation.
95S(1) Taking of evidence on oath or affirmation
An oath or affirmation may be administered by a member of the Commission in an inquiry by the Commission, or by the person presiding at the inquiry in an external inquiry.
95S(2) Taking of evidence on oath or affirmation
...in an inquiry by the Commission, or in an external inquiry.
(2) An oath or affirmation may be administered by...
...a member of the Commission in an inquiry by the Commission, or by the person presiding at the inquiry in an external inquiry.
...by a member of the Commission in an inquiry by the Commission, or by the person presiding at the inquiry in an external inquiry.
Summoning a person to appear at an inquiry and produce documents.
95S(3) Taking of evidence on oath or affirmation
Commission may exercise power on application of another person.
95S(4) Taking of evidence on oath or affirmation
competition-and-consumer-act-2010.pdf, p.485
95T Failure of witness to attend
Failure to attend as a witness without excuse or release.
95T(1) Failure of witness to attend
...and (b) the person fails to attend as required by the summons or fails to appear and report himself or herself from day to day;
Temporal interval between summons and failure to attend.
...and (c) the person has not been excused, or released from further attendance...
Conditional relationship between excuse/release and failure to attend.
Temporal relationship between summons and failure to attend.
Defendant bears evidential burden for reasonable excuse
95T(2) Failure of witness to attend
Defendant has an obligation to provide a reasonable excuse
95U Refusal to be sworn or to answer question
competition-and-consumer-act-2010.pdf, p.486
Protection of witnesses in civil or criminal proceedings
95V Protection of witnesses
95W Allowances to witnesses
Witnesses are entitled to allowances for travelling and other expenses.
95W(1) Allowances to witnesses
Witness entitled to payment by Commonwealth or summoning person.
95W(2) Allowances to witnesses
Witness summoned by inquiry Chair or application of person.
Allowances for witnesses must be provided by reference to a scale of expenses.
95W(3) Allowances to witnesses
competition-and-consumer-act-2010.pdf, p.488
95X Declarations by Minister or Commission
Declare goods or services for purposes of this Part.
95X(1) Declarations by Minister or Commission
Permission to declare goods or services.
Declare person as declared person for specified goods or services.
95X(2) Declarations by Minister or Commission
Commission must give notice to person of declaration effect.
95X(3) Declarations by Minister or Commission
Declaration must specify when it ceases to have effect
95X(4) Declarations by Minister or Commission
Minister or Commission may vary or revoke a declaration.
95X(5) Declarations by Minister or Commission
Permission to vary or revoke a declaration.
95Y Declarations in relation to State or Territory authorities
Minister must obtain agreement from State or Territory authority before making a declaration.
95Y(1) Declarations in relation to State or Territory authorities
The declaration was made between the current request and the previous request.
Declaration must be made within a specific time frame
Minister's action implies agreement from State or Territory authority
The Minister must have obtained agreement.
Cannot recommend declaration of State or Territory authority without supervision
95Y(2) Declarations in relation to State or Territory authorities
...that there is effective supervision of the prices charged by the authority for the supply of those goods or services
Supervision must overlap with government notification
(a) at least one Australian government has notified the State or Territory concerned...
...recommend a declaration of a State or Territory authority
Cannot recommend declaration without supervision
Supervision implies government notification
Supervision implies impact on trade or commerce
(c) the supply of those goods or services by the authority has a significant direct or indirect impact on qualifying trade or commerce
(b) there is not such effective supervision
Council must not recommend declaration of State or Territory authority if effective supervision exists.
95Y(3) Declarations in relation to State or Territory authorities
Supervision mechanism overlaps with current supervision.
(b) it is satisfied that there has not been a substantial change in the mechanism for that supervision...
Council is prohibited from recommending declaration.
(3) The Council must also not recommend a declaration of a State or Territory authority...
Council must provide evidence of effective supervision.
Council may recommend declaration if no effective supervision exists.
Supervision mechanism continues until substantial change occurs.
Council must apply relevant principles from the Competition Principles Agreement when deciding on effective supervision of prices charged by a State or Territory authority.
95Y(4) Declarations in relation to State or Territory authorities
Council must apply relevant principles from the Competition Principles Agreement.
95Y(5) Declarations in relation to State or Territory authorities
competition-and-consumer-act-2010.pdf, p.490
95Z Price restrictions
Supplies goods or services at a particular price exceeds the highest price supplied in the same locality and terms within 12 months.
95Z(1) Price restrictions
The actual price exceeds the highest price at which the person has supplied goods or services of that description in that locality on the same or substantially similar terms and conditions in that period.
Describes the time period within which the supply must be made.
(c) the person has supplied goods or services of that description in that locality on the same or substantially similar terms and conditions in the period of 12 months before the current supply;
Prohibits supplying goods or services at a particular price.
(a) the person is a declared person in relation to notified goods or services;
Imposes a duty to supply goods or services at a particular price.
(d) the actual price exceeds the highest price at which the person has supplied goods or services of that description in that locality on the same or substantially similar terms and conditions in that period;
Supplies goods or services of a particular description on substantially similar terms and conditions within the last 12 months in Australia, exceeding the highest price paid for those goods or services elsewhere in Australia.
95Z(2) Price restrictions
The current supply overlaps with supplies of goods or services on substantially similar terms and conditions within the last 12 months in Australia, exceeding the highest price paid for those goods or services elsewhere in Australia.
If a person supplies goods or services of a particular description on substantially similar terms and conditions within the last 12 months in Australia, exceeding the highest price paid for those goods or services elsewhere in Australia, then they commit an offence.
Prohibits supplying goods or services on substantially similar terms and conditions within the last 12 months in Australia, exceeding the highest price paid for those goods or services elsewhere in Australia.
The current supply diffuses supplies of goods or services on substantially similar terms and conditions within the last 12 months in Australia, exceeding the highest price paid for those goods or services elsewhere in Australia.
The current supply repeats supplies of goods or services on substantially similar terms and conditions within the last 12 months in Australia, exceeding the highest price paid for those goods or services elsewhere in Australia.
Supplying goods or services without complying with certain terms and conditions is an offence.
95Z(3) Price restrictions
...in the period of 12 months before the current supply;
Requires the supply of goods or services to occur within a specific time frame.
...the current supply is not an exempt supply.
Prohibits supplying goods or services without complying with terms and conditions.
Obliges the supplier to comply with terms and conditions.
competition-and-consumer-act-2010.pdf, p.493
95ZA Later notices modifying a locality notice
Allow person to modify locality notice with further written notices.
95ZA(1) Later notices modifying a locality notice
Price in notice must be less than proposed price and previous notices
95ZA(2) Later notices modifying a locality notice
Temporal relation: Notice < Proposed Price
(2) A price specified in a notice under subsection (1)
The cognitive agent recognizes the price
Cognitive agent recognition: Notice -> Price
A price must be less than the proposed price
Temporal relation: Notice <= Proposed Price
Notice has no effect if a locality notice is given under subsection (1)
95ZA(3) Later notices modifying a locality notice
If a notice is given, then the locality notice has no effect
Defines 'proposed price' for the purpose of this section.
95ZA(4) Later notices modifying a locality notice
Defines applicable period for locality notice
95ZB Applicable period in relation to a locality notice
95ZC Register of price notifications
95ZC(1) Register of price notifications
Commission must include certain information in the register after receiving a locality notice.
95ZC(2) Register of price notifications
Must provide information in the register.
Commission must publish notice in Gazette after receiving locality notice.
95ZC(3) Register of price notifications
(3) The Commission must, within 3 months after the end of the applicable period in relation to the locality notice,
Request to exclude confidential information from a document in the register.
95ZC(4) Register of price notifications
Granting permission to exclude confidential information.
Commission may exclude information from register if it is satisfied that the claim is justified.
95ZC(5) Register of price notifications
Application for review of decision to exclude information from register
95ZC(6) Register of price notifications
Right to inspect register during office hours
95ZC(7) Register of price notifications
competition-and-consumer-act-2010.pdf, p.496
95ZD Delegation by Commission
Commission may delegate certain powers to a member.
95ZD(1) Delegation by Commission
Commission's powers under paragraph 95Z(6)(b) or (c)
95ZD(2) Delegation by Commission
competition-and-consumer-act-2010.pdf, p.497
95ZE Directions to monitor prices, costs and profits of an industry
Report on monitoring at specified time or intervals
The Minister must give the Commission a written direction to monitor prices, costs and profits.
95ZE(1) Directions to monitor prices, costs and profits of an industry
The Minister must give the Commission a written direction.
The Commission must have regard to the need for commercial confidentiality.
95ZE(2) Directions to monitor prices, costs and profits of an industry
...regard to the need for commercial confidentiality.
Must provide public inspection of report
95ZE(3) Directions to monitor prices, costs and profits of an industry
95ZF Directions to monitor prices, costs and profits of a business
(a) to monitor prices, costs and profits relating to the supply of goods or services by a specified person; (b) to give the Minister a report on the monitoring at a specified time or at specified intervals within a specified period.
Minister may give Commission written direction to monitor prices, costs and profits.
95ZF(1) Directions to monitor prices, costs and profits of a business
Commission must report at specified time.
(b) to give the Minister a report on the monitoring at a specified time or at specified intervals within a specified period.
Commission must use specified person's data.
(a) to monitor prices, costs and profits relating to the supply of goods or services by a specified person;
Minister may give Commission written direction.
Commission must report within specified period.
Commission must report at specified intervals.
Must send a copy of the report to a person
95ZF(2) Directions to monitor prices, costs and profits of a business
Commission must send a copy of the report to the person on the specified day.
95ZF(3) Directions to monitor prices, costs and profits of a business
competition-and-consumer-act-2010.pdf, p.498
95ZG Exceptions to price monitoring
Minister cannot direct Commission to monitor prices of exempt supplies.
95ZG(1) Exceptions to price monitoring
Minister cannot direct Commission to monitor prices without State/Territory agreement
95ZG(2) Exceptions to price monitoring
competition-and-consumer-act-2010.pdf, p.499
95ZH Ministerial directions
The Minister may direct the Commission to give special consideration.
95ZH(1) Ministerial directions
Commission must comply with ministerial directions.
95ZH(2) Ministerial directions
(2) The Commission must comply with any such directions.
The Minister may direct the body holding an external inquiry to give special consideration to a specified matter or matters.
95ZH(3) Ministerial directions
The body must comply with ministerial directions.
95ZH(4) Ministerial directions
(4) The body must comply with any such directions.
95ZI Inquiries by an unincorporated body or a group of 2 or more
This section applies to inquiries by an unincorporated body or a group of 2 or more individuals.
95ZI(1) Inquiries by an unincorporated body or a group of 2 or more
Unincorporated body or group of individuals must give notice, report, or document to a person under this Part.
95ZI(2) Inquiries by an unincorporated body or a group of 2 or more
Must provide notice, report, or document.
competition-and-consumer-act-2010.pdf, p.500
95ZJ Withdrawal of notices
Commission may give a person a notice withdrawing a previously given notice.
95ZJ(1) Withdrawal of notices
Commission's withdrawal notice affects the Part's validity.
95ZJ(2) Withdrawal of notices
Withdrawal notice imposes an obligation.
Body must give a person a notice withdrawing a previous notice.
95ZJ(3) Withdrawal of notices
Body has an obligation to give a person a notice.
95ZJ(4) Withdrawal of notices
95ZK Power to obtain information or documents
The Chairperson may require a person to provide information or documents.
95ZK(1) Power to obtain information or documents
The Chairperson must require the person to provide information or documents.
Require person to provide information or documents within a specified period and manner.
95ZK(2) Power to obtain information or documents
Imposes an obligation on the person to provide information or documents.
competition-and-consumer-act-2010.pdf, p.504
95ZL Inspection of documents etc.
Commission members may inspect documents given for Commission purposes or produced at an inquiry.
95ZL(1) Inspection of documents etc.
Commission members can inspect documents.
Members can make copies or take extracts from documents
95ZL(2) Inspection of documents etc.
Permission to make copies or extract documents
Associate members of the Commission may inspect documents under certain conditions.
95ZL(3) Inspection of documents etc.
Associate members can inspect documents.
Associate members can make copies or take extracts from documents.
95ZL(4) Inspection of documents etc.
Inspect documents and make copies or extracts.
95ZL(5) Inspection of documents etc.
competition-and-consumer-act-2010.pdf, p.505
95ZM Retention of documents
Commission may retain documents for a reasonable period.
95ZM(1) Retention of documents
The document is retained for a reasonable period.
Defines the temporal interval for document retention.
The Commission may retain a document for such reasonable period as it thinks fit.
The Commission has the ability to retain documents.
Describes the Commission's ability to retain documents.
The Commission, or a body other than the Commission, may retain a document.
Describes the action of retaining documents.
The Commission may retain documents given or produced to it.
Describes the scope of document retention.
The Commission, or a body other than the Commission, may retain a document given or produced to it as mentioned in section 95ZL.
Describes the temporal interval for document retention.
The person entitled to possession of the document is entitled to be supplied with a copy.
95ZM(2) Retention of documents
Must be received as evidence in all courts and tribunals.
95ZM(3) Retention of documents
Must permit inspection and copying of documents under certain conditions.
95ZM(4) Retention of documents
95ZN Confidential information
Confidentiality obligation for disclosure of sensitive information
95ZN(1) Confidential information
95ZN(2) Confidential information
competition-and-consumer-act-2010.pdf, p.506
95ZO Immunity
Protection and immunity for Commission members
95ZO(1) Immunity
Protection and immunity granted during this time
Protection and immunity during performance of functions or exercise of powers
Commission member performs functions or exercises powers during this time
Commission member has protection and immunity
Protection and immunity for inquiry persons
95ZO(2) Immunity
The person presiding at the inquiry has... protection and immunity while performing their functions or exercising powers under this Part.
Protection and immunity apply during inquiry performance
If the person presiding at the inquiry has protection and immunity, then they have... certain conditions.
Protection and immunity imply certain conditions
The system recognizes that the person presiding at the inquiry has... protection and immunity.
System recognizes protection and immunity for inquiry persons
The person presiding at the inquiry has... protection and immunity.
Inquiry person has protection and immunity
The person presiding at the inquiry has... protection and immunity that diffuses to other inquiry persons.
Protection and immunity diffuse to inquiry persons
competition-and-consumer-act-2010.pdf, p.507
95ZP Secrecy: members or staff members of the Commission etc.
Disclosing protected information is prohibited.
95ZP(1) Secrecy: members or staff members of the Commission etc.
Prohibits disclosure of protected information.
Cannot disclose protected information to a court or produce protected documents unless necessary for carrying out the provisions of this Act.
95ZP(2) Secrecy: members or staff members of the Commission etc.
95ZP(3) Secrecy: members or staff members of the Commission etc.
Identifies a specific role within the Commission
competition-and-consumer-act-2010.pdf, p.509
Committing an offence by certain actions
95ZQ Secrecy: persons involved in inquiries by bodies other than
competition-and-consumer-act-2010.pdf, p.512
96 Acts constituting engaging in resale price maintenance
Engaging in resale price maintenance is an obligation for a corporation.
96(1) Acts constituting engaging in resale price maintenance
Engaging in resale price maintenance is an obligation.
Engaging in resale price maintenance is prohibited for individuals.
96(2) Acts constituting engaging in resale price maintenance
Prohibits engaging in resale price maintenance.
Supplier cannot supply goods at a price less than specified by supplier.
96(3) Acts constituting engaging in resale price maintenance
Supplier is prohibited from supplying goods at a lower price.
Supplier's specified price deemed to be their own if made known
96(4) Acts constituting engaging in resale price maintenance
Supplier's knowledge of price specification
competition-and-consumer-act-2010.pdf, p.515
96A Resale price maintenance in relation to services
This Part applies to conduct in relation to services in a way that corresponds to the way it applies to conduct in relation to goods.
96A(1) Resale price maintenance in relation to services
Modifications for resale price maintenance in relation to services
96A(2) Resale price maintenance in relation to services
Supplier cannot induce or attempt to induce a second person in relation to goods
97 Recommended prices
Prohibits supplier from inducing or attempting to induce a second person
98 Withholding the supply of goods
competition-and-consumer-act-2010.pdf, p.516
99 Statements as to the minimum price of goods
Statement applied to goods or documents must refer to those goods
99(1) Statements as to the minimum price of goods
Statement is applied to goods or documents
Defines what 'covering' includes for the purpose of subsection (1)
99(2) Statements as to the minimum price of goods
Competition and Consumer Act 2010