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