competition-and-consumer-act-2010.pdf, p.243
1 July 1997.
The Minister may give a direction to the Commission.
1(1) July 1997.
The Minister may give a direction under subsection (1) that requires the Commission to exercise its powers in a particular way.
1(1A) July 1997.
The Minister may give a direction to the Commission regarding analysis of a report.
1(1B) July 1997.
For specification by class, see subsection 13(3) of the Legislation Act 2003.
Commission must receive directions from Minister.
1(6) July 1997.
Commission must receive directions from Minister within this temporal interval.
Minister's power to give directions to Commission is a temporal interval.
Minister has the power to give directions to Commission.
Commission must receive direction from Minister.
If Minister gives direction, then Commission must receive it.
Commission is subject to Minister's direction.
competition-and-consumer-act-2010.pdf, p.3
10 Section 10
Consequences of non-compliance with minimum conference agreements
Obligation to comply with minimum conference agreements
competition-and-consumer-act-2010.pdf, p.8
competition-and-consumer-act-2010.pdf, p.31
Ensure access to outwards liner cargo shipping services and promote stable export market access.
10(1) Section 10
Ensure access to outwards liner cargo shipping services.
(1) The principal objects of this Part are:
(b) to promote conditions in the international liner cargo shipping industry that encourage stable access to export markets for exporters in all States and Territories;
Ensure efficient Australian flag shipping is not unreasonably hindered.
(c) to ensure that efficient Australian flag shipping is not unreasonably hindered from normal commercial participation in any outwards liner cargo shipping trade;
Parliament intends to achieve certain objectives through conference operations.
10(2) Section 10
competition-and-consumer-act-2010.pdf, p.32
Registration of conference agreements and regulation of international liner cargo shipping services.
Registration is required for conference agreements.
Registered conference agreements are given partial and conditional exemptions.
The Commission may investigate whether grounds exist for deregistration.
competition-and-consumer-act-2010.pdf, p.33
Definition of agreement and ancillary service
Registers and conference agreement files open to public
competition-and-consumer-act-2010.pdf, p.41
Minister may declare facility as inland terminal.
Facility must be in Australia, but outside a designated port area.
Minister must consider certain matters when making a declaration.
10(3) Section 10
The facility CONTAINS assembling export cargoes for transport to a port terminal located at the port where the cargoes are to be loaded onto ships for export.
(b) whether the facility is used for either or both of the following purposes:
The Minister MUST have regard to the following matters:
(3) In making a declaration under subsection (1), the Minister must...
The Minister MAY have regard to other matters.
(c) any other matters that the Minister thinks are relevant.
The facility RECURSIVE delivers imported cargoes to importers or their representatives.
competition-and-consumer-act-2010.pdf, p.42
Minister may declare association a designated outwards peak shipper body.
Permission to declare association a designated outwards peak shipper body.
Minister may declare association a designated outwards secondary shipper body.
Minister may declare association a designated inwards peak shipper body.
10(2A) Section 10
Minister may declare association a designated inwards secondary shipper body.
10(2B) Section 10
Minister's declaration of association designation
Association particulars must include peak shipper designation
10(4) Section 10
Guidelines for nomination of secondary shipper bodies
10(5) Section 10
The Registrar shall enter particulars of any nomination of a designated secondary shipper body.
10(6) Section 10
competition-and-consumer-act-2010.pdf, p.44
Each party to a conference agreement shall be taken to have a substantial degree of power in the market.
The market with international liner cargo shipping services under the agreement overlaps with the conference agreement market.
(1) For the purposes of section 46, if the parties to a conference agreement together have a substantial degree of power in a market...
Each party to the conference agreement shall be taken to have a substantial degree of power in the market.
Obligation to have a substantial degree of power in the market
The conference agreement market is recurrently related to the market with international liner cargo shipping services under the agreement.
Defines conference agreement in subsection (1)
Includes agreements that vary the original agreement
(2) includes an agreement that varies such an agreement
conference agreement is an agreement between members of a conference
competition-and-consumer-act-2010.pdf, p.45
Parties must agree in writing to determine questions under the agreement.
Permits withdrawal from an agreement on reasonable notice without penalty.
The permission is valid for a reasonable notice period
Describes the temporal interval of the permission
(2) An outwards conference agreement must expressly permit any party to the agreement to withdraw from the agreement on reasonable notice without penalty.
The provision is recognized as a rule of conduct for parties to the agreement
Recognizes the provision as a rule of conduct
The agreement permits withdrawal on reasonable notice without penalty.
If the condition is met, then withdrawal is permitted
Implies that withdrawal is permitted if the condition is met
The provision is validated as a rule of conduct for parties to the agreement
Validates the provision against a set of rules
Minimum level of outwards liner cargo shipping services must be specified in an outwards conference agreement.
Obligation to specify minimum level of outwards liner cargo shipping services
Minimum level of inwards liner cargo shipping services must be specified
Obligation to specify minimum level of inwards liner cargo shipping services
Conference agreements may include only certain restrictive trade practice provisions.
Restrictive trade practice provisions are a type of provision
competition-and-consumer-act-2010.pdf, p.47
Consequences of non-compliance with minimum standards found in specific provisions.
States the obligation to comply with minimum standards.
competition-and-consumer-act-2010.pdf, p.48
Public inspection of registers and conference agreement files
Entitlement to obtain a copy of certain records
The Registrar must keep specific registers.
Register must contain prescribed particulars.
The Registrar shall keep a file for each conference agreement.
Must include specific documents and notifications in conference agreement file.
Must include specific documents and notifications.
competition-and-consumer-act-2010.pdf, p.49
The Commission shall keep a register of Commission investigations.
Register of Commission investigations must contain specified information.
competition-and-consumer-act-2010.pdf, p.50
Exemptions apply only to specified parts of an outwards liner cargo shipping service or an inwards liner cargo shipping service.
Exemptions apply during specified periods of a service.
(1) Subject to this section, the exemptions provided by this Subdivision apply only in relation to the following parts of an outwards liner cargo shipping service or an inwards liner cargo shipping service:
Exemptions apply only to specified parts of a service.
Exemptions for inter-terminal transport service charges
on the date of this Subdivision's enactment
Temporal relation between exemption and charge fixing
where the service is part of an outwards liner cargo shipping service or an inwards liner cargo shipping service
to the fixing of charges for an inter-terminal transport service
Classification of exemptions based on service type
The exemptions provided by this Subdivision extend to the fixing of charges for an inter-terminal transport service where the service is part of an outwards liner cargo shipping service or an inwards liner cargo shipping service
extend to the fixing of charges for an inter-terminal transport service
(2) The exemptions provided by this Subdivision
do not apply to the fixing of charges for an inter-terminal transport service
Prohibition on charge fixing without exemption
The exemptions provided by this Subdivision
Exemptions for determining common terms and conditions for bills of lading
Deals between parties to a conference agreement and ancillary services providers are excluded from exemptions.
Exemptions apply after 30 days of conference agreement registration.
Exemptions apply after registration or a specific event
competition-and-consumer-act-2010.pdf, p.51
Exemptions apply only to registered conference agreements
Exemption from certain sections for conference agreements under provisional registration within 30 days.
...if the parties apply for its provisional registration under this Part within 30 days...
Provisional registration must occur within 30 days.
(1) Sections 45AF, 45AJ and 45 do not apply...
Provisional registration involves AI processing.
...if the contract or arrangement is a conference agreement...
Exempts from certain sections for conference agreements under provisional registration.
Provisional registration is a diffusion.
Provisional registration is an ordered trace.
Exempts conduct from certain provisions under a registered conference agreement.
Exempts conduct from certain provisions.
competition-and-consumer-act-2010.pdf, p.52
Exempts freight rate charges from certain provisions if conditions are met.
Exemption from certain regulations for freight rate agreements under specific conditions.
The registration must occur within 30 days
Specifies the time frame for registration of the conference agreement
the end of 30 days after the last-mentioned agreement is finally registered
Exemptions from certain restrictive trade practice prohibitions
The exemption requires registration within 30 days
Requires a single registered outwards conference agreement after 30 days
The freight rate agreement is registered under a single conference agreement after 30 days
Requires parties to justify their compliance with the exemption
The freight rate agreement is exempt from certain trade practice prohibitions
Imposes an obligation on parties to comply with the exemption
Registration must occur within the specified time frame
Requires a relation between identifiable temporal intervals for registration
Exempts freight rate conduct from certain regulations under specific conditions.
the commencement of Part 2 of Schedule 1 to the Trade Practices Amendment (International Liner Cargo Shipping) Act 2000
Specifies time frame for registration of conference agreement
Establishes exemption under specific conditions
(4) Sections 45AG, 45AK and 45 do not apply to conduct engaged in by a party to a freight rate agreement
if: the freight rates specified in the freight rate agreement are for inwards liner cargo shipping services provided under a single registered inwards conference agreement
(a) the freight rates specified in the freight rate agreement are for inwards liner cargo shipping services provided under a single registered inwards conference agreement after whichever is the later of the following times:
Defines parties to freight rate agreement and conference agreement
the parties to the freight rate agreement are the same as the parties to the registered inwards conference agreement
competition-and-consumer-act-2010.pdf, p.53
Section 47 does not apply to conduct engaged in by a party to a registered conference agreement.
Prohibits the application of Section 47 to certain conduct.
Exemption does not apply to subsections 47(6) and (7)
No exemption applies to subsections 47(6) and (7)
Excludes exemption from certain temporal intervals
Excludes exemption from certain subsections
Exemptions from section 47 for freight rate agreements
competition-and-consumer-act-2010.pdf, p.54
No application of certain sections to loyalty agreements.
Prohibits application of sections to loyalty agreements.
Exempts conduct under loyalty agreement from certain trade practice prohibitions.
Prohibits conduct under loyalty agreement.
competition-and-consumer-act-2010.pdf, p.55
Exempts conduct from Section 47 in relation to loyalty agreements for outwards and inwards liner cargo shipping services.
Exemption applies to conduct giving effect to a provision of the loyalty agreement
Section 47 exemption for loyalty agreements
Files to be kept by conference agreement
Exemptions cease to apply if shipper notifies Commission and carriers.
Notification marks end of exemption period.
Notification overlaps with exemption period.
Exemption period ends when notification is received.
Shipper's notification prohibits exemptions.
Notification to Commission and carriers.
Prohibits application of certain sections to loyalty agreements related to terms and conditions.
Prohibits application of certain sections.
Exempts certain conduct from application of specified provisions.
Exempts conduct from specified provisions.
competition-and-consumer-act-2010.pdf, p.56
Sections 45AF, 45AJ and 45 do not apply in relation to the making of a stevedoring contract.
Exempts conduct from certain laws under stevedoring contracts.
Sections 45AG, 45AK, 45 and 47 do not apply.
Prohibits application of certain sections to conduct related to stevedoring contracts
Dealing between stevedoring operators is prohibited.
10(3A) Section 10
Exemptions do not apply in relation to certain subsections.
Indicates that exemptions do not overlap with subsections 47(6) and (7).
(4) The exemptions provided by this section do not apply in relation to subsections 47(6) and (7).
Indicates that exemptions are not applicable to subsections 47(6) and (7).
Prohibits exemptions from applying in relation to certain subsections.
Indicates that exemptions do not diffuse to subsections 47(6) and (7).
Indicates that exemptions repeat for subsections 47(6) and (7).
Definition of stevedoring operator and contract
a person who provides, or proposes to provide; or arranges for the provision of, or proposes to arrange for the provision of stevedoring services
Class hierarchy for stevedoring operators
stevedoring operator means a person who...
competition-and-consumer-act-2010.pdf, p.58
Apply for provisional registration of a conference agreement.
Application must comply with subsections 10.26(1) and (2), and section 10.27
Comply with specific provisions when applying
Application for provisional registration of conference agreement must be in prescribed form, made to Registrar, and accompanied by fee.
Application must be in prescribed form, made to Registrar, and accompanied by fee.
Comply with regulations requiring verification by or on behalf of applicants.
Application may be made by a party on behalf of other parties.
a complete copy of the agreement so far as it is in writing, a written memorandum that fully sets out the agreement so far as it is not in writing
Must provide complete copy of agreement and written memorandum.
No need to include freight rate charges in the agreement.
10(1A) Section 10
Exemption from including freight rate charges
No requirement for freight rate charges in written memorandum.
10(1B) Section 10
Verification of document by applicants or their representatives.
Applicants must comply with regulations.
competition-and-consumer-act-2010.pdf, p.59
Must provide copy of conference agreement to designated peak shipper body.
Must provide copy of conference agreement.
competition-and-consumer-act-2010.pdf, p.60
particulars of the agreement and a notation that it has been provisionally registered
The Registrar must provisionally register a conference agreement if certain conditions are met.
provisional registration of the agreement
Refusal to provisionally register an agreement if the Registrar is not satisfied.
Registrar must notify applicants upon provisional registration refusal.
Registrar must provide Commission with certain documents upon provisional registration of agreement.
Registrar must provide Commission with certain documents.
competition-and-consumer-act-2010.pdf, p.62
Parties to a provisionally registered outwards conference agreement must participate in negotiations with designated shipper bodies.
Information, presence of authorized officer
Parties to a provisionally registered inwards conference agreement must participate in negotiations with designated inwards peak shipper bodies.
Parties must participate in negotiations
State requires parties to participate in negotiations
Notification required for negotiations on a conference agreement.
Negotiations may proceed without notification.
Shipper bodies must notify the Registrar and parties.
Notification required for negotiations in conference agreement
Written notice required for nomination of designated secondary shipper body.
competition-and-consumer-act-2010.pdf, p.64
Parties may apply for final registration of a conference agreement.
compliance with subsections 10.31(1) and (2), section 10.32
Application must comply with specific provisions.
Application must comply with provisions.
Application for final registration of conference agreement must be in prescribed form and accompanied by fee.
Application must be in prescribed form and accompanied by fee.
complete copy of the agreement, written memorandum
Application for final registration of conference agreement must be accompanied by a complete copy and written memorandum.
Must provide a complete copy and written memorandum
competition-and-consumer-act-2010.pdf, p.65
Decision on application for final registration of conference agreement
...the agreement complies with section 10.07
competition-and-consumer-act-2010.pdf, p.67
Request for confidentiality in application process
The request applies to a part of the application that may be inspected at a later time.
Describing the temporal relationship between the request and the inspection process
The specified part may not be open to public inspection.
Granting permission to keep part of the application confidential
The request applies until the application is registered.
Application must include statement of reasons in support of request.
Application must include statement of reasons
Application must provide abstract for part of application not open to public inspection
Comply with regulations for verification of abstracts
Determine whether to accept an abstract of a part of a document not open to public inspection.
Request is properly made under section 10.34
competition-and-consumer-act-2010.pdf, p.68
Request for non-public inspection of document part
Part of document not open to public inspection
(2) If the Registrar is not so satisfied...
competition-and-consumer-act-2010.pdf, p.69
Refusal of application for registration due to confidentiality request
Classification of documents as confidential
Application for registration of varying conference agreements
competition-and-consumer-act-2010.pdf, p.70
Registration of conference agreement not allowed without notification from parties.
the Registrar shall not provisionally or finally register the original agreement unless the parties to the agreement have notified the Registrar of the matter.
Prohibition of registration without notification.
(application has been made for the provisional or final registration of a conference agreement, but the agreement has not been finally registered;)
Notice must be given to the Registrar in a prescribed form.
Compliance with regulations is required for notice verification.
Registrar may make variations to conference agreement particulars
Compilation date for Competition and Consumer Act 2010
Requires temporal interval for compilation date
Compilation date is specified as a specific point in time
competition-and-consumer-act-2010.pdf, p.72
Parties to a registered conference agreement must participate in negotiations with the shipper body.
The parties to a registered conference agreement shall: (a) take part in negotiations...
Participation implies consideration of the shipper body's matters.
An authorised officer must be present at meetings.
The parties to a registered conference agreement shall: (c) provide an authorised officer...
They must provide the requested information and participate in the negotiations.
Must provide information and participate in negotiations.
The parties to a registered conference agreement shall take part in negotiations...
Information is distributed to the shipper body.
Information must be distributed to the shipper body.
The parties to a registered conference agreement shall: (b) if the shipper body requests...
Notice period for change in negotiable shipping arrangements
Definition of eligible Australian contract
This definition applies to all contracts within this section
Classifies the concept of an eligible Australian contract
The term 'eligible Australian contract' is defined in section 10(3)
competition-and-consumer-act-2010.pdf, p.74
Application for provisional registration of conference agreement
Application must be made within 30 days after agreement.
The application must be made within 30 days after the making of or arriving at the agreement.
Must provide application within time limit.
Exemption from subsection (1) for conference agreements with freight rate charges.
Notify Registrar of changes to conference agreement
Notice in prescribed form and given to Registrar
Notice must be given to the Registrar within 30 days after certain events.
Registrar has discretion to make variations
competition-and-consumer-act-2010.pdf, p.76
Cancel registration of conference agreement
Register conference agreements upon direction from Minister.
Exemptions cease to apply after registration cancellation
Exemptions cease to apply for a specific provision
Describes the temporal relationship between exemptions and provisions
(4) On the entry in the register of conference agreements of particulars of a direction to cancel the registration of a registered conference agreement so far as it relates to a particular provision of the agreement, the exemptions provided by Subdivision A of Division 5 cease to apply in relation to the provision.
Describes the effect of cancelling a conference agreement on exemptions
Exemptions cease for a party to a conference agreement
Exemptions cease for conduct related to a conference agreement
Direction under subsection (1) must be given in writing.
10(7) Section 10
Obligation to provide direction in writing
Minister must prepare and lay before Parliament a statement about the decision.
10(8) Section 10
Decision must be made before statement is prepared.
Minister's decision implies preparation of statement.
Statement informs Parliament about the decision.
competition-and-consumer-act-2010.pdf, p.77
The Minister may exercise powers in relation to registered conference agreements under certain circumstances.
There is a temporal relation between the Minister's powers and the registered conference agreements.
Temporal relation between the Minister's powers and registered conference agreements
The Minister may exercise those powers under specified circumstances.
The Minister has the power to exercise certain powers.
The Minister has a duty to exercise powers under specified circumstances.
The Minister shall not give a direction under subsection 10.44(1) in relation to a registered conference agreement unless...
There is a prohibition on the Minister's actions if they do not meet specified conditions.
There are specified conditions that must be met for the Minister to exercise powers.
Specified conditions must be met for the Minister to exercise powers
competition-and-consumer-act-2010.pdf, p.81
Minister must refer matters to Commission before giving direction.
Report received under section 10.47 or 10.48
Minister gives direction under subsection 10.44(1)
Minister gives direction before receiving report
Commission must report to Minister within a specified timeframe.
Minister may direct Registrar not to take action under subsection (4) in relation to agreement.
Delete particulars from register after 21 days unless direction given
Applicability of Subdivision A of Division 5 after deletion of particulars
Applicability after deletion of particulars
Temporal overlap: Subdivision A applies to agreements
Subdivision A is a subclass of Division 5
Inference: Subdivision A applies to agreements
Diffusion: Subdivision A applies to agreements
Temporal until: Subdivision A applies to agreements
No implication that subsection (1) limits matters referred to the Commission under section 10.47.
No limitation on matters referred to the Commission under section 10.47.
Subsection (1) shall not be taken by implication
competition-and-consumer-act-2010.pdf, p.82
The Minister may refer to the Commission for investigation and report on a registered conference agreement.
Commission must report to Minister after investigation.
The Commission must report to the Minister.
Special consideration for matters specified in the reference.
A person affected by a registered conference agreement may apply to the Commission for an investigation.
The investigation may occur after the agreement is registered.
The investigation may occur at any time after the agreement is registered.
The person affected by the agreement may apply for an investigation.
The Minister must investigate if there are grounds.
If the Minister has grounds to investigate, they must do so.
Grounds exist for the Minister to be satisfied.
The Commission recognizes the right of the person affected to apply for an investigation.
The Minister must investigate the question.
The Minister has an obligation to investigate the question.
The investigation may relate to other matters.
The investigation may diffuse to other related matters.
The agreement of one or more specified matters is referred to in paragraph 10.45(1)(a).
Commission must inform Minister of decision and report to Minister if investigation is held.
Must inform Minister of decision and report to Minister.
Commission may hold investigation into registered conference agreements
Commission must inform Minister of decision to hold investigation and report.
Commission must give special consideration to matters requested by Minister.
Temporal interval for Commission's special consideration request
Minister requests it to give special consideration
Commission shall give special consideration
List of persons affected by a registered conference agreement
competition-and-consumer-act-2010.pdf, p.84
Parties to a registered conference agreement may offer an undertaking.
The offer must be made in the appropriate prescribed form and according to regulations.
(2) The offer must be: (a) in the appropriate prescribed form; and (b) made to the Minister in accordance with the regulations.
Minister may revoke certain references or directions related to the agreement.
Temporal relationship between Minister's action and agreement
Registration of conference agreement upon Minister's acceptance.
Minister must revoke direction and Registrar must update register
Minister has an obligation to revoke direction
Applicability of Subdivision A of Division 5 in relation to the agreement
Subdivision A applies in relation to the agreement
(6) On the inclusion of the notation, Subdivision A of Division 5 applies in relation to the agreement
Must not contravene an undertaking given under section 10.49.
Section applies Part VI in relation to subsection (1) as if that subsection were a provision of Part IV.
competition-and-consumer-act-2010.pdf, p.4
competition-and-consumer-act-2010.pdf, p.86
Minister may refer to Commission for investigation and report on market power.
Minister has the obligation to refer to Commission.
Minister may direct Registrar to register ocean carrier with substantial market power.
(a) the Commission reports to the Minister under section 10.50...
...the Minister may direct the Registrar to register the ocean carrier as a non-conference ocean carrier with substantial market power in relation to the trade route.
Minister's direction is based on Commission's report.
...the ocean carrier is a non-conference ocean carrier with substantial market power in relation to the trade route.
Ocean carrier's status is determined by Minister's direction.
(b) an ocean carrier agrees, in writing, to the Minister giving a direction under this subsection...
Minister may direct Registrar to register ocean carrier.
...the Registrar to register the ocean carrier as a non-conference ocean carrier with substantial market power in relation to the trade route.
Registrar must enter particulars of ocean carrier and trade route in register.
Direction must be in writing and served on ocean carrier.
Obligation to serve direction in writing.
competition-and-consumer-act-2010.pdf, p.87
A registered non-conference ocean carrier with substantial market power must participate in negotiations with a relevant shipper body.
Shipper body must be given at least 30 days notice of change in negotiable shipping arrangements.
competition-and-consumer-act-2010.pdf, p.89
Australian flag shipping operator can engage in outwards liner cargo shipping services to an extent that is reasonable.
Permission to engage in outwards liner cargo shipping services
Consider national interest and interests of various groups when determining reasonableness.
Consider the national interest and interests of various groups.
competition-and-consumer-act-2010.pdf, p.90
The Minister may order a registered non-conference ocean carrier to comply with its obligations under Division 9.
Describes a temporal interval or relationship.
Minister must enter particulars of order in register.
The Minister must not make an order under subsection 10.54(1) unless certain conditions are met.
The Minister must not make an order under subsection 10.54(1) until...
The Minister must not make an order under subsection 10.54(1) during certain circumstances.
the Minister has carried on or attempted to carry on, either personally or through authorised officers, consultations with the ocean carrier directed at obtaining an undertaking
The Minister must not make an order under subsection 10.54(1) unless...
The Minister has a duty to not make an order under subsection 10.54(1) unless certain conditions are met.
section 10.52 (non-conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.) applies to the ocean carrier concerned, and that the ocean carrier has contravened, or proposes to contravene, that section;
The Minister must carry on or attempt to carry on...
The Minister has a duty to carry on or attempt to carry on consultations with the ocean carrier directed at obtaining an undertaking.
The Minister must report to the Commission...
The Minister has a duty to report to the Commission under section 10.57 or 10.58 in relation to matters referred to in paragraph (a) of which the Minister is satisfied.
the Commission has reported to the Minister under section 10.57 or 10.58 in relation to matters referred to in paragraph (a) of which the Minister is satisfied
The Minister must not make an order under subsection 10.54(1) until the ocean carrier has contravened, or proposes to contravene, section 10.53.
the ocean carrier concerned has contravened, or proposes to contravene, section 10.53 (non-conference ocean carrier with substantial market power not to hinder Australian flag shipping operators etc.)
competition-and-consumer-act-2010.pdf, p.91
Minister must refer matters to Commission before making order.
The Minister shall immediately refer the matters to the Commission under section 10.57
Order must be made before report is received
Minister makes order under subsection 10.54(1)
Minister shall immediately refer matters to the Commission
Must provide report to Minister before making order
Commission must receive report before making decision
Minister refers matters to Commission under section 10.57
Report to Minister within 60 days on matters under investigation
Minister may direct Registrar not to take action under subsection (4) in relation to ocean carrier.
Minister must take action within this timeframe
within 21 days after receiving Commission's report
Commission's report was received by Minister
Further orders are considered by Minister in relation to ocean carrier
Minister considers further orders for ocean carrier
considering appropriate orders under subsection 10.54(1)
Minister has discretion to make further orders
Registrar not to take action under subsection (4)
Minister has discretion to direct Registrar
Registrar must comply with Minister's direction
Delete particulars of order from register after 21 days
competition-and-consumer-act-2010.pdf, p.92
The Minister may refer to the Commission for investigation and report on a registered non-conference ocean carrier with substantial market power.
A person affected by a registered non-conference ocean carrier with substantial market power may apply to the Commission for an investigation.
Therefore, the investigation must occur during the period of substantial market power.
The investigation must occur during the period of substantial market power.
The person affected by the conduct is applying to the Commission for an investigation.
Therefore, the Commission must use artificial intelligence to analyze the investigation.
The Commission must use artificial intelligence to analyze the investigation.
Therefore, the state must investigate the conduct.
The state has an obligation to investigate the conduct of a registered non-conference ocean carrier with substantial market power.
Therefore, the information about the investigation must be disseminated through the Commission.
The information about the investigation must be disseminated through the Commission.
Therefore, the investigation must continue until the matter is resolved.
The investigation must continue until the matter is resolved.
Commission must inform Minister of decision and report to Minister.
Commission must give special consideration to matters requested by the Minister.
Special consideration is required within this temporal interval
Temporal interval of special consideration
In its investigation, the Commission shall give special consideration to such matters (if any) as the Minister requests it to give special consideration
Special consideration is required because the Minister requests it
Minister's request implies need for special consideration
The Minister requests it to give special consideration
These matters are investigated by the Commission
Classifies as a matter that can be investigated by the Commission
These matters are requested by the Minister
Classifies as a matter that can be requested by the Minister
Matters (if any) as the Minister requests it to give special consideration
Request under subsection (3) must be made in writing.
List of persons affected by the conduct of a registered non-conference ocean carrier with substantial market power
...; in the case of an investigation relating to outwards liner cargo shipping services—an Australian flag shipping operator; ...
Temporal interval during which a registered non-conference ocean carrier with substantial market power must provide outwards liner cargo shipping services or inwards liner cargo shipping services
(5) Without limiting subsection (1), each of the following persons shall be taken to be a person affected by the conduct of a registered non-conference ocean carrier with substantial market power:
Registered non-conference ocean carrier with substantial market power must argue that it has provided outwards liner cargo shipping services or inwards liner cargo shipping services to the specified persons
a designated shipper body; in the case of an investigation relating to outwards liner cargo shipping services—an Australian flag shipping operator; ...
Person affected by the conduct of a registered non-conference ocean carrier with substantial market power
Registered non-conference ocean carrier with substantial market power must provide outwards liner cargo shipping services or inwards liner cargo shipping services to the specified persons
competition-and-consumer-act-2010.pdf, p.93
Registered non-conference ocean carrier may offer to give undertaking on specified act or thing.
Minister may revoke or direct Commission's actions regarding ocean carrier
Exemptions do not apply to variations of conference agreement unless varying agreement
competition-and-consumer-act-2010.pdf, p.94
Ocean carrier cannot contravene an order or undertaking.
as if that subsection were a provision of Part IV
competition-and-consumer-act-2010.pdf, p.95
Minister orders ocean carrier not to engage in pricing practice.
The ocean carrier must not engage in a pricing practice at any time.
Prohibits ocean carrier from engaging in pricing practice at any time.
(1) Subject to section 10.62, the Minister may...
The ocean carrier must not engage in a pricing practice using machine learning.
Uses machine learning to enforce prohibition.
The ocean carrier must not engage in a pricing practice.
Prohibits ocean carrier from engaging in pricing practice.
All ocean carriers must not engage in a pricing practice.
Spreads prohibition to all ocean carriers.
The ocean carrier must not engage in a pricing practice on recurring occasions.
Prohibits ocean carrier from engaging in pricing practice on recurring occasions.
Registrar must enter particulars of order in register.
Minister cannot make an order under subsection 10.61(1) without certain conditions being met.
The Minister must not make an order under subsection 10.61(1) without certain conditions being met.
Minister is prohibited from making an order under subsection 10.61(1)
The Minister shall not make an order under subsection 10.61(1)
competition-and-consumer-act-2010.pdf, p.96
The Minister may refer the question to the Commission for investigation and report.
The investigation is related to the matters referred to in paragraph 10.62(a) on a specific date or time.
The Minister may refer the question to the Commission.
Ocean carrier may give undertaking not to engage in pricing practice and provide information to Registrar.
Obligation to not engage in pricing practice
Minister may revoke references or orders related to ocean carrier
The ocean carrier is taken to have given an undertaking upon accepting the offer.
The registration occurs during the acceptance of the offer.
(4) If the Minister accepts the offer, the ocean carrier shall be taken to have given the undertaking, and the Registrar shall immediately register the undertaking by entering particulars of it in the register of obligations concerning unfair pricing practices.
The system processes the information about the undertaking during the acceptance of the offer.
The ocean carrier has given an undertaking.
(4) If the Minister accepts the offer, the ocean carrier shall be taken to have given the undertaking.
The information about the undertaking diffuses during the acceptance of the offer.
Minister must notify Registrar of revoked order.
The Registrar must include a notation in the register.
competition-and-consumer-act-2010.pdf, p.97
Applicability of Part VI to subsection (1)
(2) Part VI applies in relation to subsection (1)
Determination of normal freight rates for shipping services
Imposes a duty on the state to determine normal freight rates
competition-and-consumer-act-2010.pdf, p.98
Regard shall be had to certain factors when determining whether a pricing practice is contrary to the national interest.
Duty to consider national interest when determining pricing practices.
Subsection (3) applies during specific conditions.
Condition during which subsection applies.
(2) Subsection (3) applies when determining whether a pricing practice in relation to inwards liner cargo shipping services is contrary to the national interest.
Subsection (3) applies when specific conditions are met.
Obligation to consider national interest.
Regard must be had to the effect that the practice has had, or is likely to have, in relation to continuous stable access by Australian importers in all States and Territories to inwards liner cargo shipping services.
competition-and-consumer-act-2010.pdf, p.100
Every ocean carrier must be represented by a specified agent.
Agent must be an individual resident in Australia at all times
(a) is an individual resident in Australia;
Must be represented by a specified agent
Must be specified in the register of ocean carrier agents
(c) is specified in the register of ocean carrier agents as the ocean carrier's agent;
(b) has been appointed by the ocean carrier as the ocean carrier’s agent for the purposes of this Act;
Offence for contravening subsection (1) without reasonable excuse
Prohibition of contravening subsection (1) without reasonable excuse
Everything done by or in relation to an ocean carrier's registered agent is taken to be done by the ocean carrier.
...be taken to be done by or in relation to the ocean carrier.
Establishes a temporal relationship between the agent's actions and the carrier's actions
(1) Everything done by or in relation to an ocean carrier’s registered agent...
Establishes a logical implication between the agent's actions and the carrier's actions
Establishes a logical inference between the agent's actions and the carrier's actions
Imposes a duty on states to act as if an agent's actions are those of the carrier.
Establishes a logical propagation between the agent's actions and the carrier's actions
Ocean carrier may be served by serving its registered agent.
Permits service of documents on ocean carrier's registered agent
competition-and-consumer-act-2010.pdf, p.101
Ocean carrier may apply for registration of agent.
Must be an individual resident in Australia, appointed as agent by ocean carrier, and have address for service in Australia.
(2) The person must: (a) be an individual resident in Australia; (b) have been appointed by the ocean carrier as the ocean carrier’s agent for the purposes of this Act;
Must be an individual resident in Australia
(2) The person must: (a) be an individual resident in Australia; (b) have been appointed by the ocean carrier as the ocean carrier’s agent for the purposes of this Act; (c) have an address for service in Australia.
Application must be made in prescribed form and with fee.
The Registrar must register an agent if the ocean carrier applies under section 10.70.
Register must include name of ocean carrier and agent's address for service.
competition-and-consumer-act-2010.pdf, p.102
Ocean carrier can change agent or address with notice to Registrar.
New agent must be an individual resident in Australia and have an address for service in Australia.
Address for service must be within a certain time interval of the agent's address
(2) A new agent appointed under paragraph (1)(a)
must have an address for service in Australia
Notice must be in prescribed form and given to Registrar.
Registrar must make variations to the register of ocean carrier agents upon receipt of notice.
Registrar has an obligation to make variations upon receipt of notice.
Registrar must make variations to the register of ocean carrier agents in relation to the ocean carrier upon proper notice.
competition-and-consumer-act-2010.pdf, p.103
The Minister may exempt specified inwards conference agreements, liner cargo shipping services, or conduct from regulatory provisions.
The Registrar must enter particulars of any order under subsection (1) in the register of exemption orders.
competition-and-consumer-act-2010.pdf, p.104
Minister must have opinion that exemption order is in national interest before making it.
The Minister's opinion must be before making exemption order.
Minister's opinion must be before making exemption order.
(1) The Minister must not make an exemption order unless the Minister is of the opinion that it is in the national interest to make the order.
The Minister must have an opinion that exemption order is in national interest before making it.
Minister has a duty to make exemption order only if it is in national interest.
The Minister must have an opinion before making exemption order.
Minister must have opinion before making exemption order.
The exemption order can only be made if the Minister has an opinion.
Exemption order can only be made if Minister has opinion.
Minister must consider certain factors when determining what is in the national interest.
(2) For the purposes of subsection (1), in determining what is in the national interest, the Minister must have regard to each of the following:
No trace of ordered or recurring events.
Exemption order period specified in the order.
Exemption order can be revoked under certain circumstances.
Revocation can occur during a specified period defined by the Acts Interpretation Act 1901.
Subsection (1) does not prevent the revocation of an exemption order in accordance with subsection 33(3) of the Acts Interpretation Act 1901.
Subsection (1) does not prevent the revocation of an exemption order
competition-and-consumer-act-2010.pdf, p.105
The Registrar may keep registers and conference agreement files in an appropriate form.
Commission may choose form for register of investigations
Deletion of entries wrongly existing in certain registers
The Registrar may delete obsolete entries in registers.
The Registrar may correct clerical errors or mistakes in registers.
The Registrar has the power to correct errors.
competition-and-consumer-act-2010.pdf, p.106
There shall be a Registrar of Liner Shipping.
The Registrar shall be appointed by the Minister.
The Registrar holds office during the pleasure of the Minister.
Minister may appoint person as Registrar under certain circumstances.
The Registrar and staff must be public servants.
The Registrar, and any staff of the Registrar, shall be persons engaged under the Public Service Act 1999.
The Registrar and staff must be public servants if they are engaged under the Public Service Act 1999.
The Registrar and staff are public servants if they are engaged under the Public Service Act 1999.
engaged under the Public Service Act 1999
The Minister may delegate powers under this Part to the Registrar or a specified office in the Department.
The Registrar or office may exercise this power
competition-and-consumer-act-2010.pdf, p.107
competition-and-consumer-act-2010.pdf, p.108
Refusal to hold an investigation under subsection 10.48(2) or 10.58(2)
The two decisions are temporally related.
(a) a decision to refuse to hold an investigation under subsection 10.48(2) or 10.58(2); (b) a decision under section 10.88 to: (i) exclude a document, or the particulars of a submission, from the register of Commission investigations;
Prohibition of refusing to hold an investigation
(a) a decision to refuse to hold an investigation under subsection 10.48(2) or 10.58(2);
Refusal to exclude a document from the register of Commission investigations
(b) (i) exclude a document, or the particulars of a submission, from the register of Commission investigations;
The prohibition is diffused to related decisions.
Diffusion of prohibition to related decisions
Permit review of Commission decisions by affected persons or designated shipper bodies.
Application for review of decision must be made within 21 days.
Tribunal may perform all functions and exercise all powers of the Commission during review.
Tribunal may perform functions and exercise powers.
Decision of Commission is taken for the purposes of this Act (other than this Division) to be a decision of the Commission.
Decision is taken for the purposes of this Act.
Commission must provide information, reports, and assistance to Tribunal as specified by Tribunal member
Tribunal requires Commission to provide information and assistance
Tribunal may consider information given to Commission in review proceedings.
competition-and-consumer-act-2010.pdf, p.109
Division 1 of Part IX does not apply in relation to a review by the Tribunal of a decision of the Commission of a kind mentioned in section 10.82A.
competition-and-consumer-act-2010.pdf, p.110
List of reviewable decisions by Minister
The Minister's decision is reviewable if it was made during the specified period.
Reviews decisions made during a specific period
For the purposes of this section, each of the following decisions of the Minister is a reviewable decision:
The Minister's decision is reviewable if it falls under one of the listed categories.
Reviewable decisions are specified in subsection (1)
The Minister's decision is reviewable if it includes one of the specified directions or offers.
A decision to give; or refuse to give; a direction under subsection 10.44(1), subsection 10.46(3), paragraph 10.49(3)(b), subsection 10.51(1), subsection 10.56(3) or paragraph 10.59(3)(b);
The Minister's decision is reviewable if it includes one of the specified offers.
Includes decisions to accept or refuse an offer
A decision under section 10.49, 10.59 or 10.64 to: accept an offer; or refuse to accept an offer;
Each of the following decisions of the Minister is a reviewable decision:
A person or designated shipper body may apply for a review of the Minister's decision.
competition-and-consumer-act-2010.pdf, p.111
Tribunal may perform all functions and exercise all powers of Minister during review.
Decision of the Tribunal is treated as a decision of the Minister for purposes of this Act (other than this Division)
Decision of the Tribunal is taken for the purposes of this Act (other than this Division)
Decision of the Tribunal is treated as a decision of the Minister during the period of this Act (other than this Division)
Decision by the Tribunal affirming, setting aside or varying a decision of the Minister
Treats a decision of the Tribunal as a decision of the Minister
Information, reports, and assistance as specified by the Tribunal member.
Minister must comply with request from Tribunal member.
May consider information given to Minister in connection with decision-making.
...the making of the decision to which the review relates.
During decision-making is an Allen interval.
Decision-making is a process that occurs during...
Consideration of information is an obligation.
Modifying register after Tribunal review
competition-and-consumer-act-2010.pdf, p.112
Section 10 does not apply in relation to a review by the Tribunal of a decision of the Minister.
competition-and-consumer-act-2010.pdf, p.113
Nothing in this Part affects a right that a person may have under the Freedom of Information Act 1982.
Application for review of a reviewable decision may be made.
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
reviewable decision means a decision of the Registrar under this Part, other than...
Same meaning as Administrative Review Tribunal Act 2024
Notice must include application for review and request for statement of reasons.
Must provide notice with application and request for statement of reasons.
competition-and-consumer-act-2010.pdf, p.114
Certificate signed by Registrar is prima facie evidence of matter.
List of matters that may be certified under subsection (1)
Document purporting to be a certificate under subsection (1) shall be taken as such and properly given unless the contrary is established.
Commission may make public certain references
Exemptions from section 47 for freight rate
Requires relation between identifiable temporal intervals for conditional commencement
Requires decisions made by it under subsections to hold investigations.
competition-and-consumer-act-2010.pdf, p.115
Request for exclusion of confidential information from the register.
Commission excludes document from register if disclosure would unreasonably affect person or organisation.
Disclosure would unreasonably affect person or organisation.
Commission must exclude document from register if request is refused.
competition-and-consumer-act-2010.pdf, p.116
Defines terms for court, give, officer, produce, and include.
Section applies in relation to information obtained from a part of a document filed with the Registrar.
Section imposes an obligation on the State.
Section applies in relation to a part of a document filed with the Registrar, not open to public inspection.
Officer shall not divulge or communicate information under this section.
The officer is prohibited from disclosing information at any time.
Prohibition of information disclosure at all times.
This section applies to the officer's actions.
Divulging or communicating information implies a breach of duty.
Implication of divulging or communicating information on officer's duties.
The officer shall not divulge or communicate information.
Prohibition of divulging or communicating information.
The officer is prohibited from diffusing information.
Prohibition of information diffusion under this section.
Prohibition on divulging or communicating information to the Minister
Prohibition of divulging or communicating information to the Minister
(5) Subsection (4) applies in relation to...
An officer shall not be required to produce a part of a document.
Negative obligation on officers to produce documents.
competition-and-consumer-act-2010.pdf, p.118
Prescribes fees for applications and requests under this Part.
Maximum fees for certain applications and requests
Investigations by Commission under Part XID and section 155 apply as if they were investigations relating to a contravention of the Act.
Temporal relation between Commission investigations and contraventions of the Act
Part XID and section 155 apply in relation to an investigation by the Commission under this Part as if the investigation were an investigation by the Commission relating to a matter that constitutes, or may constitute, a contravention of this Act.
as if the investigation were an investigation by the Commission relating to a matter that constitutes, or may constitute, a contravention of this Act.
Application of Part XID and section 155 to Commission investigations
Part XID and section 155 apply in relation to an investigation by the Commission under this Part
Obligation on Commission investigations under Part XID and section 155 to apply as if they were investigations relating to a contravention of the Act
Recurring trace between Commission investigations and contraventions of the Act
No implication of limitation on Commission's powers apart from subsection (1)
Subsection (1) shall not be taken to limit by implication any powers that the Commission has apart from that subsection.
Classification applies to temporal intervals
Exemptions cease to apply in relation to a shipper
Exemptions from certain sections in relation to stevedoring
Application for provisional registration of
Copy of conference agreement to be given to
Parties to conference agreement to negotiate minimum level of shipping services after Subdivision B—Final registration
Application for final registration of conference
competition-and-consumer-act-2010.pdf, p.5
Section defining confidentiality requests
Application for registration also applies.
Notification of happening of affecting events prior
Parties to registered conference agreement to negotiate with certain designated shipper bodies
Powers exercisable by Minister in relation to
Circumstances in which Minister may exercise powers in relation to registered conference
Action to be taken where powers exercised by Minister without first obtaining Commission
Investigation and report by Commission on
Commission on own investigation and report
Parties to registered conference may undertake certain actions.
Compilation date is a specific point in time
competition-and-consumer-act-2010.pdf, p.6
Investigations by Commission into market power
Market power to negotiate with certain designated carriers
Australian flag non-conference ocean carrier must not hinder market power
Powers exercisable by Minister in relation to obligations of non-conference ocean carriers with
Minister has power to exercise obligations of non-conference ocean carriers
Circumstances in which Minister may exercise
Application of section 46 in relation to conference
Application of Australian law to outwards conference agreements and withdrawal from
Determination of normal freight rates for shipping
Compilation date is specified as 27/05/2026
competition-and-consumer-act-2010.pdf, p.7
Obligation to provide international liner services
Has an obligation to provide international liner services
Application for registration of ocean carrier
Deletion of entries wrongly existing in certain
Correction of clerical errors and other mistakes in
Excerpts may include only certain conference agreements.
Conference agreements may include only certain items.
Provisions that do not apply in relation to a
Act not to affect rights under Freedom of
competition-and-consumer-act-2010.pdf, p.119
130 Definitions
competition-and-consumer-act-2010.pdf, p.121
Defines expressions in this Part as in Schedule 2.
130A Expressions defined in Schedule 2
competition-and-consumer-act-2010.pdf, p.122
131 Application of the Australian Consumer Law in relation to
Application of the Australian Consumer Law to corporations
131(1) Application of the Australian Consumer Law in relation to
Application of the Australian Consumer Law in relation to corporations
131(2) Application of the Australian Consumer Law in relation to
Information in the table may be added to or edited in any published version of this Act.
131(3) Application of the Australian Consumer Law in relation to
competition-and-consumer-act-2010.pdf, p.123
131A Division does not apply to financial services
Division does not apply to financial services
131A(1) Division does not apply to financial services
Exemptions from Division application for financial services
131A(2) Division does not apply to financial services
Prohibits conduct in relation to financial services
Classifies exemptions from Division application
competition-and-consumer-act-2010.pdf, p.124
Division does not apply to interim bans imposed by State or Territory Ministers.
131B Division does not apply to interim bans imposed by State or
131C Saving of other laws and remedies
131C(1) Saving of other laws and remedies
Ensures consistency between state laws and the Australian Consumer Law.
131C(2) Saving of other laws and remedies
The state laws and the Australian Consumer Law overlap in time.
State laws and the Australian Consumer Law are enacted at the same time.
State laws and Australian Consumer Law must be consistent.
The state laws diffuse into the Australian Consumer Law.
State laws affect the Australian Consumer Law.
The state laws and the Australian Consumer Law form a recurring trace.
State laws and the Australian Consumer Law are enacted repeatedly.
Exemptions from concurrent prosecution for offenses against multiple laws.
131C(3) Saving of other laws and remedies
he or she is not liable to be convicted of the other of those offences.
Temporal overlap between offenses for exemption purposes
Recognition of exemptions for concurrent prosecution
Spread of exemptions for concurrent prosecution
Repetition of offenses for exemption purposes
Preserves rights and remedies under other laws
131C(4) Saving of other laws and remedies
Prescribes obligation to preserve rights and remedies
competition-and-consumer-act-2010.pdf, p.125
Chapter 5 of the Australian Consumer Law has effect subject to certain conditions.
131D Effect of Part VIB on Chapter 5 of the Australian Consumer
131E Application of the Legislation Act 2003
Instruments made under Australian Consumer Law must be made by legislative instrument.
131E(1) Application of the Legislation Act 2003
131E(2) Application of the Legislation Act 2003
(2) The following instruments made under the Australian Consumer Law are not legislative instruments:
competition-and-consumer-act-2010.pdf, p.126
Section 4AB of the Crimes Act does not apply to provisions in this Part or the Australian Consumer Law.
131F Section 4AB of the Crimes Act does not apply
This Part includes provisions of the Australian Consumer Law.
Section 4AB of the Crimes Act does not apply.
131G Application of the Criminal Code
Part 2.5 of the Criminal Code does not apply to an offence against this Part or the Australian Consumer Law.
131G(1) Application of the Criminal Code
Prohibits application of Part 2.5 to certain offences
Section 9.2 of the Criminal Code does not apply to an offence against Chapter 4 of the Australian Consumer Law.
131G(2) Application of the Criminal Code
competition-and-consumer-act-2010.pdf, p.127
132 Commonwealth Minister must issue a proposed ban notice
Issue a proposed ban notice for interim or permanent bans on consumer goods or product-related services.
132(1) Commonwealth Minister must issue a proposed ban notice
Temporal relationship between proposed ban notice and actual ban
(1) The Commonwealth Minister must issue a proposed ban notice if...
Obligation to issue a proposed ban notice
Issue a proposed ban notice if an interim ban is to be imposed without delay.
132(2) Commonwealth Minister must issue a proposed ban notice
a copy of a draft notice, a summary of reasons, and an invitation to notify the Commission
The Commonwealth Minister must issue a proposed ban notice.
132(3) Commonwealth Minister must issue a proposed ban notice
The proposed ban notice must be in writing and published on the internet.
132(4) Commonwealth Minister must issue a proposed ban notice
competition-and-consumer-act-2010.pdf, p.128
132A Commonwealth Minister must issue a proposed recall notice
Commonwealth Minister must issue a proposed recall notice if proposing to issue a recall notice for consumer goods of a particular kind.
132A(1) Commonwealth Minister must issue a proposed recall notice
The temporal interval BETWEEN proposing and issuing a recall notice IS_A the subject of the obligation.
Temporal interval between proposing and issuing a recall notice
(1) The Commonwealth Minister must issue a proposed recall notice if the Commonwealth Minister proposes to issue a recall notice for consumer goods of a particular kind.
The Commonwealth Minister MUST issue a proposed recall notice.
Obligation to issue a proposed recall notice
The Commonwealth Minister MUST issue a proposed recall notice if proposing to issue a recall notice for consumer goods of a particular kind.
Obligation to issue a proposed recall notice if proposing to issue a recall notice for consumer goods of a particular kind
Issue a proposed recall notice without delay if section 132J certifies so.
132A(2) Commonwealth Minister must issue a proposed recall notice
The proposed recall notice MUST BE ISSUED WITHOUT DELAY AFTER SECTION 132J CERTIFICATION.
Recall notice must be issued without delay after section 132J certification
Section 132J certifies the need for a recall notice.
Section 132J certifies the need for such a notice.
The Commonwealth Minister MUST ISSUE A PROPOSED RECALL NOTICE IF SECTION 132J CERTIFIES SO.
Obligation to issue a proposed recall notice if section 132J certifies so.
Proposed recall notice, summary of reasons
132A(3) Commonwealth Minister must issue a proposed recall notice
Minimum period for proposed recall notice
132A(4) Commonwealth Minister must issue a proposed recall notice
(a) must be a period of at least 10 days
(b) must not commence before the day on which the notice is published
132A(5) Commonwealth Minister must issue a proposed recall notice
competition-and-consumer-act-2010.pdf, p.129
132B Commonwealth Minister to be notified if no person wishes a
Notify Commonwealth Minister if no person wishes conference
132B(1) Commonwealth Minister to be notified if no person wishes a
Commonwealth Minister notified if no person wishes a notice under subsection (1)
132B(2) Commonwealth Minister to be notified if no person wishes a
A notice under subsection (1) is not a legislative instrument.
132C Notification of conference
Written notice to Commonwealth Minister and notifiers
Commission must hold conference upon notification.
132C(1) Notification of conference
Notification of conference must be given within a specified timeframe.
132C(2) Notification of conference
Legislative instrument notice is not a legislative instrument.
132C(3) Notification of conference
Prohibition on notice being a legislative instrument
(3) A notice under paragraph (1)(b) is not a legislative instrument.
Recommendation after conclusion of conference
132D Recommendation after conclusion of conference
competition-and-consumer-act-2010.pdf, p.131
132E Opportunity for a conference after an interim ban has been
Opportunity for a conference after an interim ban has been imposed
132E(1) Opportunity for a conference after an interim ban has been
(1) This section applies if: (a) an interim ban on consumer goods of a particular kind, or on product related services of a particular kind, is in force; and (b) the interim ban was imposed by the Commonwealth Minister; and (c) before the ban was imposed, the Commonwealth Minister published a notice under section 132J certifying that the interim ban should be imposed without delay.
The Commonwealth Minister must invite persons to notify the Commission within a specified period.
132E(2) Opportunity for a conference after an interim ban has been
Temporal interval for notification period
(2) The Commonwealth Minister must, by written notice published on the internet, invite any person who supplied, or proposes to supply: (a) consumer goods of that kind; or (b) product related services of that kind;
Notification requirement for persons supplying goods or services
132E(3) Opportunity for a conference after an interim ban has been
(a) must be a period of at least 10 days, or such longer period as the Commonwealth Minister specifies in the notice;
(3) The period specified in the notice under subsection (2):
(b) must not commence before the day on which the notice is published;
Must not commence before publication day
A notice under subsection (2) is not a legislative instrument.
132E(4) Opportunity for a conference after an interim ban has been
A notice under subsection (2) is a legislative instrument.
A notice under subsection (2) is not a legislative instrument because it is not prohibited to be so.
It is prohibited that a notice under subsection (2) be a legislative instrument.
A notice under subsection (2) is not a legislative instrument because it is not defined as such.
132F Notification of conference
competition-and-consumer-act-2010.pdf, p.132
132G Recommendation after conclusion of conference
Written notice to Commonwealth Minister and conference attendees
Recommendation after conference conclusion
132G(1) Recommendation after conclusion of conference
Commission has an obligation to recommend
written notice published on the internet
Must consider recommendation and provide reasons for decision.
132G(2) Recommendation after conclusion of conference
132H Conduct of conferences
The Commission must be represented by a member or members nominated by the Chairperson.
132H(1) Conduct of conferences
Maintain a record of conference proceedings.
132H(2) Conduct of conferences
Inspect documents and make submissions in relation to those documents.
Ensure a reasonable opportunity for each person to present their case at the conference.
132H(3) Conduct of conferences
Ensure a reasonable opportunity for each person.
competition-and-consumer-act-2010.pdf, p.134
132J Interim ban and recall notice without delay in case of danger to
Interim ban on consumer goods without delay in case of danger to human life.
132J(1) Interim ban and recall notice without delay in case of danger to
an interim ban on consumer goods of that kind should be imposed without delay;
Defines a temporal interval for the ban.
(1) If it appears to the Commonwealth Minister...
it appears to the Commonwealth Minister that consumer goods of a particular kind create an imminent risk of death, serious illness or serious injury;
Imposes a prohibition on consumer goods.
consumer goods of that kind create an imminent risk of death, serious illness or serious injury;
Describes how the ban or recall notice spreads.
a recall notice for consumer goods of that kind should be issued without delay;
Defines a recurring trace for the recall notice.
Interim ban on product-related services without delay in case of danger to human life.
132J(2) Interim ban and recall notice without delay in case of danger to
The interim ban should be imposed without delay during the period when product-related services pose an imminent risk of death, serious illness or serious injury.
Requires overlap between the time of danger and the provision of product-related services.
(2) If it appears to the Commonwealth Minister...
The interim ban should be imposed without delay when product-related services are recognized as posing an imminent risk of death, serious illness or serious injury.
Requires recognition of product-related services as posing an imminent risk of death, serious illness or serious injury.
An interim ban on services of that kind should be imposed without delay.
Imposes a prohibition on product-related services.
The interim ban should be imposed without delay when information about the danger is disseminated.
Requires spread of information about the danger and provision of product-related services.
The interim ban should be imposed without delay during periods when product-related services pose an imminent risk of death, serious illness or serious injury.
Requires recurring trace of danger and provision of product-related services.
Imposing interim ban or recall notice without regard to prior action.
132J(3) Interim ban and recall notice without delay in case of danger to
the Commonwealth Minister may impose the interim ban, or issue the recall notice, without regard to that action.
Notice under subsection (1) or (2) is not a legislative instrument.
132J(4) Interim ban and recall notice without delay in case of danger to
132K Copy of notices under this Division to be given to suppliers
Must provide a copy of notice to suppliers
132K(1) Copy of notices under this Division to be given to suppliers
Must provide copy of notices within 2 days after publication or issue.
132K(2) Copy of notices under this Division to be given to suppliers
Failure to comply with subsection (1) does not invalidate the notice.
132K(3) Copy of notices under this Division to be given to suppliers
competition-and-consumer-act-2010.pdf, p.136
133 Appointment of inspectors
Chairperson may appoint an inspector in writing.
133(1) Appointment of inspectors
Suitable qualifications and experience required for inspector appointment
133(2) Appointment of inspectors
The person has suitable qualifications and experience to exercise properly the powers of an inspector
Inspector must exercise powers within a reasonable timeframe
Properly exercising powers within a timeframe
Inspector appointment knowledge must be represented
Chairperson must satisfy conditions before appointing an inspector
Inspector appointment information must be disseminated
Inspector must exercise powers in a proper sequence
Inspector must comply with Chairperson's directions.
133(3) Appointment of inspectors
Direction in writing is not a legislative instrument.
133(4) Appointment of inspectors
133A Identity cards
Chairperson must issue identity card to inspector
133A(1) Identity cards
Chairperson has a duty to issue identity card
Identity card must contain specific information and a recent photograph.
133A(2) Identity cards
Return identity card to Chairperson after ceasing to be an inspector.
133A(3) Identity cards
Person has been issued with an identity card
An offence against subsection (3) is an obligation.
133A(4) Identity cards
133A(5) Identity cards
Must carry identity card at all times when exercising powers as an inspector.
133A(6) Identity cards
competition-and-consumer-act-2010.pdf, p.137
133B Power to enter premises to which the public has access—
Inspector may enter premises for ascertainment purposes.
133B(1) Power to enter premises to which the public has access—
133B(2) Power to enter premises to which the public has access—
competition-and-consumer-act-2010.pdf, p.138
133C Power to enter premises to which the public has access—
Inspector may enter premises with public access for ascertainment purposes.
133C(1) Power to enter premises to which the public has access—
Inspector's power to take photographs and inspect equipment on premises.
133C(2) Power to enter premises to which the public has access—
Inspector has power to take photographs and inspect equipment.
competition-and-consumer-act-2010.pdf, p.139
133D Power to obtain information etc.
133D(1) Power to obtain information etc.
(1) The Commonwealth Minister or an inspector may give a disclosure notice to a person (the notice recipient) if the person giving the notice has reason to believe:
Artificial intelligence recognition of disclosure notice
Disclosure notice may be given to a person capable of giving information.
133D(2) Power to obtain information etc.
competition-and-consumer-act-2010.pdf, p.140
133E Self-incrimination
Must provide information or evidence when required by a disclosure notice.
133E(1) Self-incrimination
Protection from self-incrimination in certain cases
133E(2) Self-incrimination
Prohibits admissibility of self-incrimination evidence
(2) However, in the case of an individual:
competition-and-consumer-act-2010.pdf, p.141
133F Compliance with disclosure notices
Refusal to comply with disclosure notice is an offence.
133F(1) Compliance with disclosure notices
Obligation to comply with disclosure notice.
(1) A person commits an offence if: (a) the person is given a disclosure notice; and (b) the person refuses or fails to comply with the notice.
The person must comply with the disclosure notice.
Refusal to comply with disclosure notice is prohibited.
The person may refuse to comply with the disclosure notice.
Compliance with disclosure notice is permitted.
The person has the right to refuse compliance.
Compliance with disclosure notice is a right.
Compliance with disclosure notice is an undertaking.
Compliance with disclosure notices is obligatory.
133F(2) Compliance with disclosure notices
Compliance with disclosure notices is an offence of strict liability.
133F(3) Compliance with disclosure notices
Giving false or misleading information is an offence.
133G False or misleading information etc.
The person commits an offence if the information, evidence or document is false or misleading in a material particular.
Prohibits giving false or misleading information.
The person gives information, evidence or a document in purported compliance with a disclosure notice.
Prohibits knowing that the information, evidence or document is false or misleading in a material particular.
The person does so knowing that the information, evidence or document is false or misleading in a material particular.
Requires knowledge of falsity or misleadingness.
competition-and-consumer-act-2010.pdf, p.142
133H Court orders relating to consumer goods that do not comply
Court orders for non-compliant consumer goods
133H(1) Court orders relating to consumer goods that do not comply
Prohibits possession or control of non-compliant consumer goods
(a) a person possesses or has control of consumer goods of a particular kind;
Court orders inspectors to enter premises, search for consumer goods, seize and destroy them.
133H(2) Court orders relating to consumer goods that do not comply
Defines the temporal interval for the order.
Court orders inspectors to perform actions.
Inspector must notify persons with interest in consumer goods before making an application.
133H(3) Court orders relating to consumer goods that do not comply
Inspector has an interest in consumer goods
Entitlement to be heard in relation to the application.
133H(4) Court orders relating to consumer goods that do not comply
competition-and-consumer-act-2010.pdf, p.143
133J Recovery of reasonable costs of seizing, and destroying or
Liability for costs of seizing and destroying consumer goods
133J(1) Recovery of reasonable costs of seizing, and destroying or
Debt due by a person to the Commonwealth
133J(2) Recovery of reasonable costs of seizing, and destroying or
competition-and-consumer-act-2010.pdf, p.144
134 Purpose and effect of this Division
Issue of infringement notice as an alternative to proceedings.
134(1) Purpose and effect of this Division
Issuing an infringement notice is a duty.
Does not require an infringement notice to be issued for certain contraventions.
134(2) Purpose and effect of this Division
134A Issuing an infringement notice
Commission may issue infringement notice to a person with reasonable grounds.
134A(1) Issuing an infringement notice
The Commission may issue an infringement notice at some point in time.
Temporal relation between Commission's action and person's contravention.
If the Commission has reasonable grounds to believe a person has contravened an infringement notice provision.
Commission may issue an infringement notice.
Commission has reasonable grounds to believe a person has contravened an infringement notice provision.
The Commission must issue an infringement notice.
The Commission may issue an infringement notice repeatedly.
134A(2) Issuing an infringement notice
List of subsections that trigger issuing an infringement notice Commission must not issue more than one infringement notice for the same alleged contravention.
134A(3) Issuing an infringement notice
Listing specific conditions triggers prohibition through interval relation
Listing specific conditions triggers prohibition through cognitive agent relation
Listing specific conditions triggers prohibition
Prohibition of issuing multiple infringement notices.
Listing specific conditions triggers prohibition through diffusion relation
Listing specific conditions triggers prohibition through trace relation
Infringement notice has no effect if issued more than 12 months after alleged contravention.
134A(4) Issuing an infringement notice
Notice has no effect if issued too late.
(4) The infringement notice does not have any effect...
Details of the alleged contravention, including date and provision number
competition-and-consumer-act-2010.pdf, p.145
134B Matters to be included in an infringement notice
Requires specific information to be included in the notice
competition-and-consumer-act-2010.pdf, p.146
Specifies the amount of penalty for an infringement notice
134C Amount of penalty
must be greater than or equal to that amount after a certain period
Specifies different penalty amounts for different types of corporations
(a) if the person is a listed corporation—600 penalty units...
must equal the amount worked out using the table
The penalty to be specified in an infringement notice...
must be greater than or equal to that amount
must be less than or equal to that amount
(b) if the person is a body corporate other than a listed corporation—60 penalty units...
Specifies different penalty amounts for individuals
(c) if the person is not a body corporate—12 penalty units...
competition-and-consumer-act-2010.pdf, p.150
134D Effect of compliance with an infringement notice
Paying penalty within infringement notice compliance period is an obligation.
134D(1) Effect of compliance with an infringement notice
The infringement notice compliance period ends when the penalty is paid.
This section has a temporal relation with Section 134E.
Section 134D(1) is followed by Section 134E.
The person must pay the penalty specified in the infringement notice.
This section uses knowledge representation to define the obligation.
Section 134D(1) states that this section applies if...
Obligation to pay penalty within infringement notice compliance period.
The person must comply with the infringement notice provision.
This section has a recurring trace with other provisions of Chapter 6.
The section applies to the Australian Consumer Law as a law of the Commonwealth.
No obligation to admit guilt after payment
134D(2) Effect of compliance with an infringement notice
No proceedings can be started or continued against the Commonwealth in relation to the alleged contravention of the infringement notice provision.
134D(3) Effect of compliance with an infringement notice
No proceedings can be started or continued.
competition-and-consumer-act-2010.pdf, p.151
Failure to comply with infringement notice results in liability for alleged contravention.
134E Effect of failure to comply with an infringement notice
Obligation to comply with infringement notice.
Defines infringement notice compliance period
134F Infringement notice compliance period for infringement notice
competition-and-consumer-act-2010.pdf, p.152
134G Withdrawal of an infringement notice
134G(1) Withdrawal of an infringement notice
Protection from self-incrimination in proceedings
134G(2) Withdrawal of an infringement notice
Obligation to protect self-incrimination
Commission may withdraw infringement notice if satisfied it is appropriate to do so.
134G(3) Withdrawal of an infringement notice
Withdrawal notice issued if Commission is satisfied it is reasonable
Commission's satisfaction required for withdrawal
Commission must be satisfied with reasonableness of infringement notice
Withdrawal notice issued if Commission deems it appropriate and reasonable
Withdrawal notice issued under specific conditions
Commission has authority to withdraw infringement notice only if certain conditions are met
Commission has authority to withdraw infringement notice
Commission has power to withdraw infringement notice
Commission is empowered to make decisions on infringement notices
Infringement notice may be appealed if Commission's decision is contested
Commission's decision may be appealed or challenged
Commission's withdrawal of infringement notice is not final
Content of withdrawal notices must be provided.
134G(4) Withdrawal of an infringement notice
Obligation to provide content of withdrawal notices.
Time limit for giving withdrawal notices
Withdrawal notice must state certain information.
134G(5) Withdrawal of an infringement notice
Withdrawal notice must be given within infringement notice compliance period.
134G(6) Withdrawal of an infringement notice
Commission must refund amount paid if infringement notice is withdrawn after payment.
134G(7) Withdrawal of an infringement notice
Commission has an obligation to refund amount paid.
competition-and-consumer-act-2010.pdf, p.154
135 Inspector may enter premises
Inspector may enter premises under certain conditions.
135(1) Inspector may enter premises
Inspection of premises without permission is prohibited.
135(2) Inspector may enter premises
(2) If an inspector has reason to believe...
Inspector may not enter premises under subsection (1) or (2) without consent, warrant, or public safety.
135(3) Inspector may enter premises
competition-and-consumer-act-2010.pdf, p.155
Inspector's search-related powers in relation to premises where consumer goods are supplied.
135A Search-related powers of inspectors
The search-related powers apply during the premises inspection.
Search-related powers apply during premises inspection.
The inspector has reason to believe that a person supplies consumer goods of a particular kind.
The inspector may seize consumer goods of that kind.
Inspector has the power to seize consumer goods.
The inspector may inspect, handle and measure consumer goods of that kind.
Inspector can inspect, handle and measure consumer goods.
The inspector may take samples of consumer goods of that kind.
Inspector can take samples of consumer goods.
The inspector may inspect, handle and read any documents relating to consumer goods of that kind.
Inspector can inspect, handle and read documents related to consumer goods.
competition-and-consumer-act-2010.pdf, p.157
135B Inspector may ask questions and seek production of
Occupier must answer questions and produce documents upon request.
135B(1) Inspector may ask questions and seek production of
Obligation to answer questions and produce documents.
Inspector may ask questions and seek production of documents.
135B(2) Inspector may ask questions and seek production of
135C Failure to answer questions or produce documents
Failure to comply with a requirement is an offence.
135C(1) Failure to answer questions or produce documents
The person must comply with the requirement.
Obligation to comply with a requirement.
(1) A person commits an offence if: (a) the person is subject to a requirement under subsection 135B(2); and (b) the person fails to comply with the requirement.
(a) if the person is a body corporate—150 penalty units; or (b) if the person is not a body corporate—30 penalty units.
Implies that non-compliance leads to a penalty.
Must answer questions and produce documents
135C(2) Failure to answer questions or produce documents
competition-and-consumer-act-2010.pdf, p.158
135D Persons assisting inspectors
Assistance by other persons is permitted for inspectors.
135D(1) Persons assisting inspectors
A person giving assistance is a person assisting the inspector.
135D(2) Persons assisting inspectors
A person assisting an inspector may enter premises and exercise search-related powers under the direction of the inspector.
135D(3) Persons assisting inspectors
Other sections in Part 1 overlap with Section 135D(3).
The key overlaps with other sections in the same part.
Section 135D(3) is identified by the key.
The key is a unique identifier for a section.
The person assisting may enter premises and exercise search-related powers.
Permission to enter premises and exercise search-related powers.
The inspector may direct the person assisting.
Section 135D(3) and Section 135E are the same.
Section 135D(3) is the same as Section 135E.
The key is valid according to the schema.
Power exercised by a person assisting the inspector is taken to have been exercised by the inspector.
135D(4) Persons assisting inspectors
The power was exercised during the time of the inspector's exercise.
(4) A power exercised by a person assisting the inspector...
The power is taken to have been exercised by the inspector.
competition-and-consumer-act-2010.pdf, p.159
Inspector may use necessary and reasonable force in executing a search warrant.
135E Use of force in executing a search warrant
Inspector has the obligation to use necessary and reasonable force.
135F Announcement before entry under warrant
Inspector must announce before entering premises under warrant.
135F(1) Announcement before entry under warrant
Inspector may deviate from subsection (1) under certain conditions.
135F(2) Announcement before entry under warrant
Inspector may deviate from subsection (1)
Inspector believes on reasonable grounds
Deviation is allowed within a certain time frame
Show identity card to occupier or representative upon entry
135F(3) Announcement before entry under warrant
a) the warrant issued under section 135Z or a copy of that warrant; or b) the form of warrant completed under subsection 136(7), or a copy of that form.
competition-and-consumer-act-2010.pdf, p.160
Inspector must be in possession of search warrant
135G Inspector must be in possession of search warrant
135H Consent
Inspector must inform occupier of right to refuse consent.
135H(1) Consent
Consent must be voluntary to have effect.
135H(2) Consent
Consent can only be given at a time when it is effective.
The temporal interval of 'consent' must overlap with the current time for this provision to apply.
(2) A consent has no effect unless the consent is voluntary.
If a consent is voluntary, then it has an effect.
Voluntary consent is necessary for its effectiveness.
If a consent is not voluntary, then it does not have an effect.
Consent must be communicated to all parties involved.
The information about 'consent' must be diffused to all relevant parties for this provision to apply.
The temporal interval of 'consent' must be before the current time for this provision to apply.
Must leave premises if consent ceases to have effect
135H(3) Consent
Inspector's entry is contingent on occupier's consent
Inspector's entry overlaps with occupier's consent
Inspector enters premises because occupier consents
Inspector and assisting person must leave premises
Occupier's consent is a relevant factor in determining the inspector's authority
Occupier's consent is a permission for inspector to enter premises
Inspector must leave premises if consent ceases to have effect
Inspector's duty to leave premises is recurrent
Consent given by occupier ceases to have effect
Must inform occupier of rights and responsibilities
135J Details of search warrant etc. must be given to the occupier of
competition-and-consumer-act-2010.pdf, p.161
135K Occupier etc. entitled to observe execution of search warrant
Right to observe execution of search warrant
135K(1) Occupier etc. entitled to observe execution of search warrant
135K(2) Occupier etc. entitled to observe execution of search warrant
Impediment overlaps with search warrant execution
Prohibits impediment of search warrant execution
No restriction on simultaneous execution of search warrant in multiple areas.
135K(3) Occupier etc. entitled to observe execution of search warrant
No restriction on simultaneous execution.
Facilities and assistance for inspectors
Failing to provide inspector with facilities and assistance is an offence.
135L Occupier etc. to provide inspector etc. with facilities and
Prohibition of failing to provide inspector with facilities and assistance
competition-and-consumer-act-2010.pdf, p.162
135M Receipts for seized consumer goods and equipment
Inspector must provide a receipt for seized consumer goods.
135M(1) Receipts for seized consumer goods and equipment
Inspector must provide a receipt for seized equipment.
135M(2) Receipts for seized consumer goods and equipment
One receipt may cover consumer goods and equipment that have been seized.
135M(3) Receipts for seized consumer goods and equipment
The state holds an obligation to provide a receipt.
135N Return of seized consumer goods and equipment
Return consumer goods/equipment seized under a search warrant within 60 days or when reason for seizure no longer exists.
135N(1) Return of seized consumer goods and equipment
The period of 60 days after the seizure ends.
Timeframe for returning seized goods/equipment
Must return consumer goods/equipment within 60 days or when reason for seizure no longer exists.
Obligation to return seized goods/equipment
Inspector seizes consumer goods/equipment under a search warrant.
Exemption from subsection (1) for forfeited or disputed goods/equipment
135N(2) Return of seized consumer goods and equipment
Inspection is not required to return consumer goods or equipment under certain circumstances.
135N(3) Return of seized consumer goods and equipment
The provision overlaps with other provisions related to consumer goods and equipment.
(3) If, apart from this subsection, the inspector would be required to take reasonable steps...
The provision recognizes a pattern of behavior related to consumer goods and equipment.
Inspection is prohibited from returning consumer goods or equipment under certain circumstances.
(3) If, apart from this subsection, the inspector would be required to take reasonable steps to return consumer goods or equipment...
The provision diffuses information about consumer goods and equipment.
The provision repeats a pattern of behavior related to consumer goods and equipment.
Consumer goods must be returned to the person from whom they were seized or their owner.
135N(4) Return of seized consumer goods and equipment
Equipment must be returned to the person from whom it was seized or its owner.
135N(5) Return of seized consumer goods and equipment
Must return equipment to the person from whom it was seized or its owner.
competition-and-consumer-act-2010.pdf, p.163
135P Judge may permit consumer goods or equipment to be
Inspector may retain consumer goods/equipment for a further period of up to 60 days.
135P(1) Judge may permit consumer goods or equipment to be
Seizure occurred within 60 days prior to request for retention.
Temporal overlap between seizure and request
Seizure occurred before end of period referred to in paragraph 135N(1)(b)
Inspector recognized as authorized to retain consumer goods/equipment.
Inspector has seized consumer goods/equipment under a search warrant
Information about seizure and retention requests diffuses through legal system.
Diffusion of information about seizure and retention requests
Seizure and retention requests form recurring pattern.
Recurring trace of seizure and retention requests
Judge may permit retention of consumer goods or equipment
135P(2) Judge may permit consumer goods or equipment to be
competition-and-consumer-act-2010.pdf, p.164
135Q Recovery of reasonable costs of seizing consumer goods or
Person liable for costs of seizing consumer goods or equipment
135Q(1) Recovery of reasonable costs of seizing consumer goods or
135Q(2) Recovery of reasonable costs of seizing consumer goods or
a debt due by the person to the Commonwealth
135R Destruction or disposal of seized consumer goods or
Destroy or dispose of seized consumer goods if cannot locate person or they refuse to take possession.
135R(1) Destruction or disposal of seized consumer goods or
Inform person referred to in subparagraph (1)(c)(ii) before making an application under subsection (1)
135R(2) Destruction or disposal of seized consumer goods or
Liability for costs of destroying or disposing of seized consumer goods or equipment.
135R(3) Destruction or disposal of seized consumer goods or
135R(4) Destruction or disposal of seized consumer goods or
competition-and-consumer-act-2010.pdf, p.165
135S Embargo notices
Inspector must give embargo notice to occupier upon entering premises under a search warrant.
135S(1) Embargo notices
Inspector enters premises under a search warrant
135S(2) Embargo notices
competition-and-consumer-act-2010.pdf, p.167
135T Embargo period for embargo notices
Maximum embargo period for embargo notices
135T(1) Embargo period for embargo notices
Prohibits exceeding the maximum embargo period
Inspector may apply for extension of embargo period before its end.
135T(2) Embargo period for embargo notices
Inspector must notify occupier before making application.
135T(3) Embargo period for embargo notices
135T(4) Embargo period for embargo notices
The occupier has an obligation to be heard.
Judge may extend embargo period under certain circumstances.
135T(5) Embargo period for embargo notices
Judge has discretion to extend embargo period
competition-and-consumer-act-2010.pdf, p.168
Inspector cannot give embargo notice for same consumer goods or product related services if earlier notice has not ended at least 5 days ago.
135U Multiple embargo notices for the same consumer goods or
Earlier embargo notice ended more than 5 days ago
Time interval for earlier embargo notice
Earlier embargo notice did not end at least 5 days ago
Inspector must not give embargo notice if earlier notice has not ended at least 5 days ago
Inspector may take actions to secure consumer goods during embargo period.
135V Power of inspectors to secure consumer goods
Inspector may lock up equipment used to supply product related services during embargo period.
135W Power of inspectors to secure equipment used to supply
Inspector may not lock up equipment used to supply product related services.
competition-and-consumer-act-2010.pdf, p.169
135X Consent to supply etc. embargoed consumer goods etc.
Request for consent to supply, transfer, alter, destroy, or interfere with embargoed consumer goods
135X(1) Consent to supply etc. embargoed consumer goods etc.
Supply, transfer, alteration, destruction, or interference allowed
Granting permission to supply, transfer, alter, destroy, or interfere with embargoed consumer goods
(1) If an embargo notice relating to consumer goods has been given,
Supply, transfer, alteration, destruction, or interference prohibited without consent
Prohibition on supplying, transferring, altering, destroying, or interfering with embargoed consumer goods without consent
Permission granted to do any of the following
Granting permission to do any of the following:
Prohibition on doing any of the following:
Request for consent to supply embargoed consumer goods services
135X(2) Consent to supply etc. embargoed consumer goods etc.
Request for consent may be given in writing by the Commonwealth Minister, the Chairperson or any inspector.
135X(3) Consent to supply etc. embargoed consumer goods etc.
Request for consent is made during subsection (1) or (2)
(3) If a request for consent is made under subsection (1) or (2), the requested consent may be given, in writing, by the Commonwealth Minister, the Chairperson or any inspector.
Consent given under subsection (3) is not a legislative instrument.
135X(4) Consent to supply etc. embargoed consumer goods etc.
(4) A consent given under subsection (3)
135Y Compliance with embargo notices
Knowingly doing an act contrary to an embargo notice is prohibited.
135Y(1) Compliance with embargo notices
The person commits an offence if they do such an act or omit to do it.
Prohibition of knowingly doing an act contrary to an embargo notice.
The person knows that an embargo notice has been given.
The person must do what is required by the embargo notice.
The person has an obligation to comply with the embargo notice.
The person must be informed of the embargo notice.
The person has a right to be informed of the embargo notice.
The person is permitted to do what is required by the embargo notice.
Knows of embargo notice and causes another person to do so.
135Y(2) Compliance with embargo notices
Person commits an offence if they cause another person to do so during that time period.
Person knows an embargo notice has been given during a certain time period.
Person causes another person to do so if they know an embargo notice has been given.
Person knows an embargo notice has been given.
Person commits an offence if they cause another person to do so.
Person is justified in knowing an embargo notice has been given.
Person causes another person to do so repeatedly.
competition-and-consumer-act-2010.pdf, p.170
135Z Issue of search warrants
An inspector may apply to a judge for a warrant in relation to premises.
135Z(1) Issue of search warrants
(a) an affidavit has been given to the judge setting out the grounds on which the issue of the warrant is being sought; (b) the applicant, or some other person, has given to the judge such further information (if any) as the judge requires concerning the grounds on which the issue of the warrant is being sought
135Z(2) Issue of search warrants
Affidavit and further information must be provided
Judge must be satisfied with reasonable grounds for issuing the warrant
(c) the judge is satisfied that there are reasonable grounds for issuing the warrant
Judge must issue the warrant if reasonable grounds exist
Judge must believe in reasonable grounds for issuing the warrant
Warrant must be issued in a recurring trace of events leading to its issuance
Warrant must specify purpose, premises, and inspectors.
135Z(3) Issue of search warrants
The warrant must specify its purpose and premises.
Requires specification of purpose and premises.
(3) The warrant must: (a) specify the purpose for which the warrant is issued; and (b) describe the premises to which the warrant relates;
(3) The warrant must: (d) name one or more inspectors;
The warrant must authorise its inspectors to enter and exercise search powers.
Requires authorisation of search powers.
(3) The warrant must: (e) authorise the inspector or inspectors so named: (i) to enter the premises; and (ii) to exercise search-related powers in relation to the premises;
The warrant must specify its entry times.
(3) The warrant must: (f) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night;
The warrant must specify its validity period.
Requires specification of warrant validity period.
(3) The warrant must: (g) specify a day (which must not be more than 7 days after the day the warrant is issued) on which the warrant ceases to be in force.
competition-and-consumer-act-2010.pdf, p.171
Inspection may be done by telephone, fax or other electronic means under certain circumstances.
136 Search warrants by telephone, fax etc.
Inspection permitted under certain circumstances.
Allows inspection by telephone, fax or other electronic means.
Inspector believes on reasonable grounds that delay would frustrate effective execution of warrant.
Classifies the type of inspection allowed.
competition-and-consumer-act-2010.pdf, p.173
Inspection commits an offence if misrepresenting a warrant
136A Offence relating to warrants by telephone, fax etc.
competition-and-consumer-act-2010.pdf, p.174
136B Powers of judges
A power conferred on a judge is personal and not as a court or member of a court.
136B(1) Powers of judges
136B(2) Powers of judges
The judge MUST accept the power conferred.
The judge need not accept the power conferred.
Judges have protection and immunity when exercising powers under this Division.
136B(3) Powers of judges
The protection and immunity apply during the exercise of powers under this Division.
Protection and immunity apply during the exercise of powers under this Division.
This Division confers a power on judges.
The protection and immunity are inherent in the power to exercise this Division.
Judges must be protected and immune when exercising powers under this Division.
Judges have a right to protection and immunity when exercising powers under this Division.
Judges must be protected and immune when exercising these powers.
Judges have a right to protection and immunity.
Protection and immunity apply when exercising powers under this Division.
competition-and-consumer-act-2010.pdf, p.175
137 Limit on occupational liability
A professional standards law of a State or Territory applies to limit occupational liability.
137(1) Limit on occupational liability
The law applies to limit occupational liability.
Professional standards law applies in relation to a scheme prescribed by regulations at the contravention time.
137(2) Limit on occupational liability
Scheme had not been amended or revoked since the scheme was first prescribed
(i) the scheme had not been amended or revoked under that law since the scheme was first prescribed;
(2) However, the professional standards law applies for that purpose:
Scheme had additions, omissions, substitutions and other modifications at the contravention time
(ii) any additions, omissions, substitutions and other modifications prescribed by the regulations at the contravention time had been made to the scheme.
Professional standards laws apply in relation to contraventions of section 18 of the Australian Consumer Law.
137(3) Limit on occupational liability
137(4) Limit on occupational liability
competition-and-consumer-act-2010.pdf, p.176
137A Contributory acts or omissions to reduce compensation in
Reduce compensation in defective goods action to extent the court thinks fit
137A(1) Contributory acts or omissions to reduce compensation in
Imposes a duty on the state to reduce compensation
137A(2) Contributory acts or omissions to reduce compensation in
competition-and-consumer-act-2010.pdf, p.177
Reduction of loss or damage if claimant fails to take reasonable care
137B Reduction of the amount of loss or damage if the claimant fails
Claimant's failure to take reasonable care reduces recoverable loss or damage
Claimant makes a claim under subsection 236(1) of the Australian Consumer Law
Limits recovery of amounts for death or personal injury based on certain conduct.
137C Limits on recovery of amounts for death or personal injury
(1) A person is not entitled to recover an amount of loss or damage by action under subsection 236(1) of the Australian Consumer Law...
competition-and-consumer-act-2010.pdf, p.178
Court may consider conduct of parties in determining whether to make an order under the Australian Consumer Law.
137D Compensation orders etc. arising out of unconscionable
interval of time since contravention occurred
Court must consider conduct since contravention occurred
subsection 237(1) or 238(1) of the Australian Consumer Law
Court may argue that conduct should be considered
Court may use AI to consider conduct of parties
Court may diffuse consideration of conduct among parties
137E Limits on compensation orders etc. for death or personal
Court must not make an order to compensate for loss or damage due to certain conduct.
137E(1) Limits on compensation orders etc. for death or personal
Limits on compensation orders etc. for death or personal injury
137E(2) Limits on compensation orders etc. for death or personal
Limits on compensation orders for death or personal injury
137E(3) Limits on compensation orders etc. for death or personal
competition-and-consumer-act-2010.pdf, p.180
137F Court may make orders for the purpose of preserving money
Court may make orders for preserving money
137F(1) Court may make orders for the purpose of preserving money
Court may make orders for the purpose of preserving money
137F(2) Court may make orders for the purpose of preserving money
Order prohibiting payment to the respondent or associate
137F(3) Court may make orders for the purpose of preserving money
Prohibits payment to the respondent or associate
competition-and-consumer-act-2010.pdf, p.182
137G Compliance with orders made under section 137F
Non-compliance with orders made under section 137F is an offence.
137G(1) Compliance with orders made under section 137F
The person commits an offence if they contravenes or refuses to comply with the order.
Prohibition of non-compliance with orders
An order made under section 137F applies to the person.
The person is obligated to comply with the order if it applies to them.
Obligation to comply with orders made under section 137F
The person is prohibited from contravening or refusing to comply with the order if it applies to them.
Prohibition of non-compliance with orders made under section 137F
Implication of non-compliance on committing an offence
If the person contravenes or refuses to comply with the order, they commit an offence.
Compliance with orders made under section 137F is an offence of strict liability.
137G(2) Compliance with orders made under section 137F
competition-and-consumer-act-2010.pdf, p.183
137H Findings and admissions of fact in proceedings to be evidence
Findings and admissions of fact in proceedings are prima facie evidence.
137H(1) Findings and admissions of fact in proceedings to be evidence
Finding or admission is prima facie evidence.
Obligation to provide prima facie evidence.
Finding or admission is not prima facie evidence if subsection (3) does not apply.
Permission for finding or admission to be used as evidence.
Subsection (3) of this section does not apply.
Finding or admission is prima facie evidence if subsection (3) applies.
Obligation to provide prima facie evidence in specific circumstances.
Finding or admission is prima facie evidence within the applicable temporal interval.
Temporal interval for finding or admission to be used as evidence.
Produce a document under court seal to prove a finding or admission.
137H(2) Findings and admissions of fact in proceedings to be evidence
Findings and admissions of fact in proceedings are evidence
137H(3) Findings and admissions of fact in proceedings to be evidence
Therefore, findings and admissions of fact are provided during proceedings
Findings and admissions of fact are provided during proceedings
Therefore, the State must provide findings and admissions of fact in proceedings
The State must provide findings and admissions of fact in proceedings for the law to be applied
The law requires the State to provide evidence
Therefore, the State must provide findings and admissions of fact in proceedings using artificial intelligence
The State must provide findings and admissions of fact in proceedings using artificial intelligence
Artificial intelligence is used to analyze data
State is obligated to provide findings and admissions of fact in proceedings
Therefore, the State must provide findings and admissions of fact in proceedings if the person has been found to have contravened a provision of Chapter 2, 3 or 4 of the Australian Consumer Law
The State must provide findings and admissions of fact in proceedings if the person has been found to have contravened a provision of Chapter 2, 3 or 4 of the Australian Consumer Law
competition-and-consumer-act-2010.pdf, p.185
138 Conferring jurisdiction on the Federal Court
Jurisdiction is conferred on the Federal Court.
138(1) Conferring jurisdiction on the Federal Court
Exclusive jurisdiction of Federal Court over certain courts
138(2) Conferring jurisdiction on the Federal Court
...the jurisdiction of the High Court under section 75 of the Constitution.
(2) The jurisdiction conferred by subsection (1) on the Federal Court is...
...the jurisdiction of any other court other than...
...the jurisdiction of the several courts of the States and Territories under section 138B;
138A Conferring jurisdiction on the Federal Circuit and Family
Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) in relation to any matter arising under this Part or the Australian Consumer Law.
138A(1) Conferring jurisdiction on the Federal Circuit and Family
Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2)
Court lacks jurisdiction to award amounts exceeding $750,000 or a specified amount in regulations.
138A(2) Conferring jurisdiction on the Federal Circuit and Family
Court cannot award amounts exceeding $750,000.
competition-and-consumer-act-2010.pdf, p.186
138B Conferring jurisdiction on State and Territory Courts
Jurisdiction is conferred on State and Territory Courts.
138B(1) Conferring jurisdiction on State and Territory Courts
Jurisdiction is confined to the limits of their jurisdictions.
138B(3) Conferring jurisdiction on State and Territory Courts
Jurisdiction is conferred to the extent permitted by the Constitution.
138B(4) Conferring jurisdiction on State and Territory Courts
The jurisdiction is to the extent that the Constitution permits.
The jurisdiction is confined within a temporal interval.
The jurisdiction is conferred to the extent permitted by the Constitution.
The jurisdiction is conferred by subsection (1).
The Constitution is permitted by the Constitution.
The Constitution permits the jurisdiction.
The Constitution permits the jurisdiction to the extent permitted by the Constitution.
The jurisdiction to the extent that the Constitution permits.
The jurisdiction has a temporal interval.
Court's jurisdiction is limited to granting remedies under state or territory law.
138B(5) Conferring jurisdiction on State and Territory Courts
138C Transfer of matters by the Federal Court
Transfer of matters by the Federal Court
138C(1) Transfer of matters by the Federal Court
Must not transfer a matter to another court unless certain conditions are met.
138C(2) Transfer of matters by the Federal Court
...or (ii) it is otherwise in the interests of justice that the matter be determined by the other court.
Matter overlaps with another proceeding in the other court
(i) the matter arises out of, or is related to...
Prohibition on transferring a matter based on power to grant remedies
the other court has power to grant the remedies sought before...
Prohibition on transferring a matter based on interests of justice
it appears to the Federal Court that...the matter be determined by the other court.
Matter has a recurring trace with another proceeding in the other court
Must follow other court's direction on matter transfer
138C(4) Transfer of matters by the Federal Court
...the judgment of the other court in the matter is enforceable throughout Australia and the external Territories as if it were a judgment of the Federal Court.
(4) If the Federal Court transfers a matter...
...further proceedings in the matter must be as directed by the other court;
Obligation to follow other court's direction
Enforceability of other court's judgment
competition-and-consumer-act-2010.pdf, p.187
138D Transfer of matters by a State or Territory court
Applicable if a proceeding is pending in a State or Territory court
138D(1) Transfer of matters by a State or Territory court
(b) a matter for determination in the proceeding arises under this Part or the Australian Consumer Law, other than under Chapter 4 of the Australian Consumer Law.
(a) a proceeding is pending in a court (other than the Supreme Court)
Court must transfer matters to Federal Court upon direction
138D(2) Transfer of matters by a State or Territory court
competition-and-consumer-act-2010.pdf, p.188
138E Transfer of proceedings to the Federal Circuit and Family
Transfer of proceedings to Federal Circuit and Family Court on application or own motion.
138E(1) Transfer of proceedings to the Federal Circuit and Family
The Federal Circuit and Family Court of Australia has jurisdiction to hear and determine the proceeding.
138E(2) Transfer of proceedings to the Federal Circuit and Family
competition-and-consumer-act-2010.pdf, p.191
139 Intervention by the Commission
Commission may intervene in proceedings with court leave.
139(1) Intervention by the Commission
Commission's rights and duties in a proceeding
139(2) Intervention by the Commission
The Commission has all the rights, duties and liabilities of such a party.
(2) If the Commission intervenes in a proceeding...
139A Terms excluding consumer guarantees from supplies of
Excludes consumer guarantees from supplies of recreational services
139A(1) Terms excluding consumer guarantees from supplies of
Section 64 of the Australian Consumer Law
Excludes recreational services from consumer guarantees
139A(2) Terms excluding consumer guarantees from supplies of
Exclusion of consumer guarantees from supplies is limited to liability for death.
139A(3) Terms excluding consumer guarantees from supplies of
Limits exclusion of consumer guarantees.
competition-and-consumer-act-2010.pdf, p.192
139B Conduct of directors, employees or agents of bodies corporate
Establishing state of mind of a body corporate in a proceeding.
139B(1) Conduct of directors, employees or agents of bodies corporate
Establishing state of mind is an obligation.
Body corporate liable for conduct of directors, employees or agents within scope of actual or apparent authority.
139B(2) Conduct of directors, employees or agents of bodies corporate
competition-and-consumer-act-2010.pdf, p.193
139C Conduct of employees or agents of persons other than bodies
Establishing state of mind of principal in a proceeding
139C(1) Conduct of employees or agents of persons other than bodies
Any conduct engaged in on behalf of a person other than a body corporate within the scope of actual or apparent authority.
139C(2) Conduct of employees or agents of persons other than bodies
Obligation to act within scope of actual or apparent authority.
competition-and-consumer-act-2010.pdf, p.194
139D Enforcement and recovery of certain fines
Court may exercise power to enforce and recover fine.
139D(1) Enforcement and recovery of certain fines
Court must cancel enforcement order if person gives security for fine payment.
139D(2) Enforcement and recovery of certain fines
the court must cancel the enforcement order.
(2) If: (a) the court makes an enforcement order; and (b) the person gives security for the payment of the fine;
(2) If the court makes an enforcement order; and (b) the person gives security for the payment of the fine;
139D(3) Enforcement and recovery of certain fines
...the court may, at any time before the enforcement order is executed: ...
(3) If the court makes an enforcement order...
Court must not execute enforcement order unless person pays fine within specified time.
139D(4) Enforcement and recovery of certain fines
Court has an obligation to wait for payment before executing the enforcement order.
Enforcement order discharge upon payment of instalments
139D(5) Enforcement and recovery of certain fines
Enforcement order is discharged if person pays instalments.
If person pays instalments, then enforcement order is discharged.
139D(6) Enforcement and recovery of certain fines
...one day’s imprisonment for each $25...
competition-and-consumer-act-2010.pdf, p.195
Conviction of an offence against subsection 229(1) of the Australian Consumer Law or section 11.4 of the Criminal Code requires application of this section.
139DA Application of section 229 of the Australian Consumer Law
Application of this section is required.
Conviction of an offence against subsection 229(1) of the Australian Consumer Law or section 11.4 of the Criminal Code.
Application of this section is required for these convictions.
Requires application of this section for conviction of an offence against subsection 229(1) of the Australian Consumer Law or section 11.4 of the Criminal Code.
Application of this section implies these convictions.
Implies application of this section for conviction of an offence against subsection 229(1) of the Australian Consumer Law or section 11.4 of the Criminal Code.
competition-and-consumer-act-2010.pdf, p.196
139E Cessation of enforcement orders etc.
139E(1) Cessation of enforcement orders etc.
Consecutive imprisonment periods for those required under enforcement orders.
139E(2) Cessation of enforcement orders etc.
Imprisonment periods must be served consecutively.
Temporal relationship between imprisonment periods.
(2) Subject to this section, if a person is required under one or more enforcement orders...
Those periods must be served consecutively.
Must serve consecutive imprisonment periods.
Court must declare enforcement order cease to have effect after 3 years of imprisonment.
139E(3) Cessation of enforcement orders etc.
...the court must, by order, declare that the enforcement order or orders cease to have effect in respect of those fines after the person has served an aggregate of 3 years’ imprisonment.
Temporal relation between enforcement orders and imprisonment.
...that fines were imposed (whether or not in the same proceedings) for offences constituted by contraventions: ...
Classification of enforcement orders based on nature and similarity.
(i) that occurred within a period of 2 years; (ii) that appear to a court to have been of the same nature or of a substantially similar nature;
Court obligation to declare enforcement order cease to have effect.
Diffusion of enforcement orders and imprisonment.
Recurring trace of enforcement orders and imprisonment.
Court must make an order in relation to only one of overlapping periods.
139E(4) Cessation of enforcement orders etc.
The order under subsection (4) must relate to the period which would give the person the maximum benefit under subsection (3).
139E(5) Cessation of enforcement orders etc.
The order must relate to the period which would give the person the maximum benefit under subsection (3).
Court may vary or revoke an order made under subsection (3).
139E(6) Cessation of enforcement orders etc.
competition-and-consumer-act-2010.pdf, p.197
139F Compensation for acquisition of property
Compensation for acquisition of property on just terms
139F(1) Compensation for acquisition of property
Person may institute proceedings for recovery of compensation if Commonwealth and person do not agree on amount.
139F(2) Compensation for acquisition of property
Definition of acquisition of property and just terms
139F(3) Compensation for acquisition of property
139G Regulations
139G(1) Regulations
Consider detriment to consumers and persons with fewer than 100 employees when making regulations.
139G(2) Regulations
Regulation must consider detriment to consumers and persons with fewer than 100 employees.
Consideration of detriment is a necessary condition for regulation.
competition-and-consumer-act-2010.pdf, p.200
Definitions for Australian Consumer Law application and participating jurisdictions.
140 Definitions
Definitions for modifications and officer roles
competition-and-consumer-act-2010.pdf, p.201
Facilitate application of Australian Consumer Law in participating States and Territories
140A Object of this Part
Facilitate application of Australian Consumer Law
competition-and-consumer-act-2010.pdf, p.202
The applied Australian Consumer Law consists of Schedule 2 and regulations made under section 139G.
140B The applied Australian Consumer Law
Federal Court may exercise jurisdiction under application
140C Federal Court may exercise jurisdiction under application
Does not affect other laws regarding cross-vesting of jurisdiction
140D Exercise of jurisdiction under cross-vesting provisions
140E Commonwealth consent to conferral of functions etc. on
Imposes duties on a Commonwealth entity for the purposes of the applied Australian Consumer Law.
140E(1) Commonwealth consent to conferral of functions etc. on
Imposes duties on a Commonwealth entity.
No conferral of function or power by an application law to the extent it would contravene constitutional doctrines or exceed legislative power.
140E(2) Commonwealth consent to conferral of functions etc. on
Prohibition on conferral of function or power
Agreement between Commonwealth and State/ Territory required for conferral of functions etc.
140E(3) Commonwealth consent to conferral of functions etc. on
Requires agreement between Commonwealth and State/Territory
competition-and-consumer-act-2010.pdf, p.203
140F How duty is imposed
Imposes duty on Commonwealth entity if application law purports to do so
140F(1) How duty is imposed
Duty imposed on Commonwealth entity if application law purports to do so
Section 140G sets out when such a law imposes duty
State or Territory legislative power sufficient to support duty
Duty is not imposed by this Act to the extent it exceeds State legislative powers.
140F(2) How duty is imposed
Duty is taken to be imposed by this Act if necessary for its validity.
140F(3) How duty is imposed
Duty is taken to be imposed by this Act.
If the duty must be imposed by a law of the Commonwealth, then it is taken to be imposed by this Act.
Duty must be imposed by a law of the Commonwealth.
Parliament's intention to rely on available powers under the Constitution to support duty imposition.
140F(4) How duty is imposed
The Parliament intends to rely on these powers.
Parliament relies on available powers under the Constitution.
Duty is imposed by this Act within legislative powers and constitutional doctrines.
140F(5) How duty is imposed
140F(6) How duty is imposed
There is a temporal relation between this subsection and section 140E
Requires a temporal relation between the subsections and section 140E
Cognitive agents process this subsection and section 140E
Applies to cognitive agents that process this subsection and section 140E
Section 140E is not limited by this subsection
Obligations diffuse from this subsection to section 140E
Applies to the diffusion of obligations from this subsection to section 140E
There is an ordered trace between this subsection and section 140E
Requires an ordered trace of the subsections and section 140E
competition-and-consumer-act-2010.pdf, p.204
Application law imposes a duty on Commonwealth entities if it confers a function or power and gives rise to an obligation.
140G When an application law imposes a duty
Therefore, it gives rise to an obligation.
The circumstances in which the function or power is conferred give rise to an obligation during that time.
The circumstances in which the function or power is conferred.
If the law confers a function or power, then it imposes an obligation.
Application laws may operate concurrently with this Act.
140H Application laws may operate concurrently with this Act
140J No doubling-up of liabilities
No punishment for offence against Act if already punished under application law
140J(1) No doubling-up of liabilities
No liability for pecuniary penalty under same conduct
140J(2) No doubling-up of liabilities
The same conduct is covered by this Act and the other law
(2) If a person has been ordered to pay a pecuniary penalty under an application law
The same conduct is recognized by this Act
The person is not liable to a pecuniary penalty under this Act in respect of the same conduct.
The same conduct is diffused by this Act
The same conduct is repeated by this Act
competition-and-consumer-act-2010.pdf, p.205
References in instruments to the Australian Consumer Law must comply with Division 2.
140K References in instruments to the Australian Consumer Law
Mandatory reference to the Australian Consumer Law
competition-and-consumer-act-2010.pdf, p.506
149 Section 149
competition-and-consumer-act-2010.pdf, p.539
No obligation to disclose Cabinet meeting documents or deliberations.
149(7A) Section 149
Prohibits disclosure of certain information.
No obligation to produce document disclosing legal professional privilege
149(7B) Section 149
competition-and-consumer-act-2010.pdf, p.569
Reference to another section of the Criminal Code.
competition-and-consumer-act-2010.pdf, p.206
Defines terms related to the Competition Code and its application.
150A Definitions
Describes the scope of terms related to the Competition Code.
competition-and-consumer-act-2010.pdf, p.207
Facilitate application of Competition Code by participating Territories and States.
150B Objects of this Part
Facilitate application of Competition Code
Defines the Competition Code as consisting of two parts.
150C The Competition Code
competition-and-consumer-act-2010.pdf, p.208
Jurisdiction under application law of a Territory
150D Federal Court may exercise jurisdiction under application
150E Exercise of jurisdiction under cross-vesting provisions
150F Commonwealth consent to conferral of functions etc. on
Imposes duties on a Commonwealth entity for the purposes of the Competition Code.
150F(1) Commonwealth consent to conferral of functions etc. on
No conferral of function or power by an application law to the extent that it would contravene constitutional doctrines or exceed legislative power.
150F(2) Commonwealth consent to conferral of functions etc. on
Prohibits conferral of function or power by an application law.
Duty or function must be in accordance with agreement between Commonwealth and State/Territory
150F(3) Commonwealth consent to conferral of functions etc. on
The conferral of the function or power, or the imposition of the duty, is in accordance with an agreement between the Commonwealth and the State or Territory concerned.
(3) The Commonwealth entity cannot perform a duty or function, or exercise a power...
Agreement is a subclass of cognitive action
Must perform duty or function in accordance with agreement
competition-and-consumer-act-2010.pdf, p.209
150FA How duty is imposed
Duty imposed on Commonwealth entity by application law
150FA(1) How duty is imposed
Duty is not imposed by this Act to the extent it is within State's legislative powers or consistent with constitutional doctrines.
150FA(2) How duty is imposed
Exclusion of duty by State's legislative powers.
competition-and-consumer-act-2010.pdf, p.211
Duty imposed on Commonwealth entity for application law purposes
150FB When an application law imposes a duty
Duty imposed during application law period
(b) the circumstances in which the function or power is conferred give rise to an obligation on the entity to perform the function or to exercise the power.
Entity has a duty to perform function or exercise power
(a) the law confers a function or power on the entity; and (b) the circumstances in which the function or power is conferred give rise to an obligation on the entity to perform the function or to exercise the power.
competition-and-consumer-act-2010.pdf, p.212
150G Application laws may operate concurrently with this Act
150H No doubling-up of liabilities
150H(1) No doubling-up of liabilities
the offender has been punished for the offence under the application law;
Two intervals overlap if one starts before the other ends
(a) an act or omission is an offence against this Act and is also an offence against an application law;
the offender is not liable to be punished for the offence against this Act.
(b) the offender has been punished for the offence under the application law;
X diffuses Y if X implies Y and Y is a tautology
150H(2) No doubling-up of liabilities
The same conduct is covered by this Act and the person has already been penalized
(2) If a person has been ordered to pay a pecuniary penalty under an application law, the person is not liable to a pecuniary penalty under this Act in respect of the same conduct.
The diffusion of penalties is affected by this provision
150I References in instruments to the Competition Code
Reference to Competition Code is obligation on instruments
150I(1) References in instruments to the Competition Code
The temporal interval includes the period during which the instrument is in force.
Temporal interval includes reference period
The reference period includes the time when the instrument comes into effect.
The reference to the Competition Code implies that the instrument complies with its provisions.
Reference implies compliance with Competition Code
If an instrument references the Competition Code, then it must comply with its provisions.
The instrument recognizes that it must comply with the provisions of the Competition Code.
Instrument recognizes reference as obligation
The instrument recognizes that a reference to the Competition Code is an obligation.
The instrument must contain a reference to the Competition Code.
Obligation to reference Competition Code
Any instrument must refer to the Competition Code.
The instrument's reference to the Competition Code diffuses information about its provisions.
Reference diffuses information about Competition Code
The reference to the Competition Code spreads information about its provisions.
Contrary intention in instrument or context requires exception to subsection (1)
150I(2) References in instruments to the Competition Code
Instrument or context requires exception
The validity of an authorisation is not affected by its relation to the Competition Code.
150J Authorisations etc. under this Act may relate also to
competition-and-consumer-act-2010.pdf, p.213
150K Gazettal of jurisdictions that excessively modify the Code
Minister may publish notice if laws of participating jurisdiction have made significant modifications to the Competition Code.
150K(1) Gazettal of jurisdictions that excessively modify the Code
Minister has discretion to publish notice
Revocation of notice by further notice in the Gazette
150K(2) Gazettal of jurisdictions that excessively modify the Code
competition-and-consumer-act-2010.pdf, p.214
A carrier or carriage service provider must not engage in anti-competitive conduct.
151AA Simplified outline
competition-and-consumer-act-2010.pdf, p.215
Definitions for anti-competitive conduct, carriage service, and carrier.
151AB Definitions
competition-and-consumer-act-2010.pdf, p.217
151AC Extension to external Territories
Extends provisions of this Act to eligible Territories
151AC(1) Extension to external Territories
Amendments to this Act do not affect its operation in relation to Norfolk Island.
151AC(2) Extension to external Territories
Continuity of partnership unaffected by composition change
151AD Continuity of partnerships
Partnership composition change does not affect partnership
151AE Additional operation of Part
This Part also has effect as provided by this section.
151AE(1) Additional operation of Part
This Part has, by force of this subsection, the effect it would have if any references in this Part to a carrier were, by express provision, confined to a carrier that is a corporation.
151AE(2) Additional operation of Part
The effect occurs during the same period as if references were confined to a corporation.
competition-and-consumer-act-2010.pdf, p.218
151AF Telecommunications market
A body corporate must comply with further provisions when a carrier or carriage service provider is a partnership and the body corporate is related to a partner.
151AG When a body corporate is related to a partnership
competition-and-consumer-act-2010.pdf, p.219
151AH Degree of power in a telecommunications market
A body corporate with substantial power in a telecommunications market is taken to have that power if it is related to a carrier or carriage service provider.
151AH(1) Degree of power in a telecommunications market
Power in telecommunications market overlaps with related entity's power
(b) the body corporate has a substantial degree of power in a telecommunications market;
the carrier or carriage service provider, as the case requires, is taken to have a substantial degree of power in that market.
Obligation to a carrier or carriage service provider
(a) a body corporate is related to: (i) a carrier; or (ii) a carriage service provider;
Obligation to have substantial power in telecommunications market
Substantial power implies obligation to have substantial power
Carrier or carriage service provider with substantial power in a market is taken to have substantial power.
151AH(2) Degree of power in a telecommunications market
...the carrier or carriage service provider, as the case requires, is taken to have a substantial degree of power in that market.
Describes the temporal relationship between the power and the market.
(2) For the purposes of this Part, if...
Establishes an implication between the power and the duty.
Automatically infers the duty from the definition.
Imposes a duty on the carrier or carriage service provider.
Describes how the duty spreads from the related bodies corporate.
A carrier or carriage service provider with substantial power in a telecommunications market is taken to have that power.
151AH(3) Degree of power in a telecommunications market
the carrier or carriage service provider, as the case may be, is taken to have a substantial degree of power in that market.
Describes the temporal relationship between the power of a carrier or carriage service provider and the power of a body corporate.
(3) For the purposes of this Part, if...
Describes how the power of a carrier or carriage service provider implies a duty on a body corporate.
Describes how the power of a carrier or carriage service provider spreads to a body corporate.
Describes the recurring relationship between the power of a carrier or carriage service provider and the power of a body corporate.
If two or more related bodies corporate are a carrier
151AH(4) Degree of power in a telecommunications market
(2 or more bodies corporate are related to a carrier)
competition-and-consumer-act-2010.pdf, p.221
Ignoring provisions of this Part in determining meaning of Part IV, IVA or VII
151AI Interpretation of Part IV, IVA or VII not affected by this
competition-and-consumer-act-2010.pdf, p.222
151AJ Anti-competitive conduct
Defines anti-competitive conduct for carriers and carriage service providers.
151AJ(1) Anti-competitive conduct
151AJ(2) Anti-competitive conduct
...the effect, or likely effect, of substantially lessening competition in that or any other telecommunications market;
(2) A carrier or carriage service provider engages in anti-competitive conduct if...
Classifies anti-competitive conduct as prohibited based on its effects on competition
Monitors anti-competitive conduct for its effects on competition
Regard may be had to conduct of the carrier or carriage service provider supplying goods or services at a price less than cost.
151AJ(2A) Anti-competitive conduct
competition-and-consumer-act-2010.pdf, p.225
151AK The competition rule
151AK(1) The competition rule
The competition rule is to be known as the competition rule.
151AK(2) The competition rule
Identifies the deontic type of the provision.
competition-and-consumer-act-2010.pdf, p.227
151AL Part B competition notices
Commission may issue a written notice stating that a carrier or carriage service provider has contravened the competition rule.
151AL(1) Part B competition notices
The Commission is obligated to issue a written notice.
151AL(2) Part B competition notices
competition-and-consumer-act-2010.pdf, p.228
Must provide a copy of the competition notice to the carrier or carriage service provider concerned.
151AM Competition notice to be given to carrier or carriage service
Must provide a copy of the competition notice.
151AN Evidentiary effect of competition notice
Prima facie evidence of matters in the notice
151AN(1) Evidentiary effect of competition notice
The notice overlaps with the proceedings in time
Describes a temporal relationship between the notice and proceedings
(1) In any proceedings under, or arising out of, this Part...
The AI recognizes the notice as prima facie evidence
Describes how AI recognizes the prima facie evidence
A Part B competition notice is prima facie evidence...
Imposes a duty on courts to consider the notice
The notice diffuses into the proceedings
Describes how the notice affects the proceedings
The notice traces back to the proceedings in time
A document purporting to be a competition notice must be taken as a competition notice.
151AN(2) Evidentiary effect of competition notice
Obligation to take a document as a competition notice
Commission may certify a document as a copy of a competition notice.
151AN(3) Evidentiary effect of competition notice
Applicable evidentiary effect of competition notice
151AN(4) Evidentiary effect of competition notice
The section applies to the certified copy.
(4) This section applies to the certified copy as if it were the original.
Commences upon further provisions relating to particular industries etc.
151AO Duration of Part A competition notice
Requires temporal relation between intervals
competition-and-consumer-act-2010.pdf, p.229
Must consider guidelines in force when deciding whether to issue a competition notice.
151AP Guidelines
any guidelines in force under subsection (2)
competition-and-consumer-act-2010.pdf, p.230
151AQ Commission to act expeditiously
Commission must act expeditiously in deciding whether to issue a competition notice. Exempts competition notice decisions from certain judicial review provisions.
151AQ(1) Commission to act expeditiously
do not apply to a decision to issue a competition notice.
Defines the temporal scope of exemption for competition notice decisions.
(1) Paragraphs 15(1)(a) and (b) and 15A(1)(a) and (b)
Defines the cognitive agent responsible for exemption of competition notice decisions.
Exempts decisions from application of certain judicial review provisions.
Defines the diffusion of exemption for competition notice decisions.
Defines the trace of exemption for competition notice decisions.
Failure to comply does not affect competition notice validity Court must not make orders staying or affecting the operation of a decision pending its finalisation.
151AQ(2) Commission to act expeditiously
Failure to comply does not affect competition notice validity
Court must not make orders staying or affecting the operation of a decision.
151AQ(3) Commission to act expeditiously
competition-and-consumer-act-2010.pdf, p.232
151AR Register of competition notices
The Commission must keep a Register in relation to competition notices.
151AR(1) Register of competition notices
Must include particulars of all competition notices, including expired ones.
151AR(2) Register of competition notices
competition-and-consumer-act-2010.pdf, p.233
151AS Exemption orders
151AS(1) Exemption orders
Exemption orders are not invalid due to conduct outside the scope of section 151AJ.
151AS(2) Exemption orders
Application requirements for exemption order
151AT Form of application
competition-and-consumer-act-2010.pdf, p.234
151AU Further information
Commission may request further information from applicant.
151AU(1) Further information
Commission may refuse to consider application until applicant provides information.
151AU(2) Further information
Commission has an obligation to refuse application until applicant provides information.
Commission may withdraw its request for further information
151AU(3) Further information
Applicant can withdraw application by written notice.
151AV Withdrawal of application
The Commission must publicise receipt of applications.
151AW Commission must publicise receipt of applications
151AX Commission may refuse to consider application if it relates to
Commission may refuse to consider application if it relates to same conduct.
151AX(1) Commission may refuse to consider application if it relates to
Commission may refuse to consider application until further provisions are made.
151AX(2) Commission may refuse to consider application if it relates to
Commission may refuse to consider application.
competition-and-consumer-act-2010.pdf, p.235
151AY Commission may refuse to consider application if it relates to
Commission may refuse to consider application if it relates to certain conduct.
151AY(1) Commission may refuse to consider application if it relates to
The application and notice overlap in time.
(a) the Commission receives, or has received, an application for an exemption order; and (b) the Commission receives, or has received, a notice under subsection 93(1) or 93AB(1A) or (1);
The Commission's refusal infers about the application and notice.
Commission's refusal inferences about application and notice.
The Commission may refuse to consider the application.
(1) This section applies if: (a) the Commission receives, or has received, an application for an exemption order; and (b) the Commission receives, or has received, a notice under subsection 93(1) or 93AB(1A) or (1); and (c) the application for the exemption order and the notice relate to the same conduct.
The Commission's refusal diffuses to the public.
Commission's refusal diffuses to the public.
(1) This section applies if: (a) the Commission receives, or has received, an application for an exemption order; and (b) the Commission receives, or has received, a notice under subsection 93(1) or 93AB(1A) or (1);
Commission may refuse to consider application under certain conditions.
151AY(2) Commission may refuse to consider application if it relates to
The Commission's refusal is conditional on certain events.
until: (c) the Commission decides whether or not to give a notice under subsection 93(3) or (3A) or 93AC(1) or (2);
Commission prohibits considering the application.
The Commission prohibits reviewing the decision.
if a person applies to the Tribunal for a review of the decision—the review (including any court proceedings arising out of the review) is finalised.
The Commission's refusal is conditional on the application to the Tribunal.
if the Commission gives such a notice—the expiry of the time limit allowed for a person to apply to the Tribunal for review of the decision;
The Commission's refusal is conditional on the decision to give a notice.
competition-and-consumer-act-2010.pdf, p.236
151AZ Commission may convene conference to discuss application
Commission may convene conference to discuss application
151AZ(1) Commission may convene conference to discuss application
Commission must give applicant and interested persons a reasonable opportunity to attend and take part in the conference.
151AZ(2) Commission may convene conference to discuss application
Must provide opportunity to attend and take part in the conference.
Conference under section 90A or 93A can be combined with a conference under this section if the combined conference relates to the same conduct.
151AZ(3) Commission may convene conference to discuss application
Allows combining conferences under different sections for the same conduct.
Commission must grant or reject application
151BA Commission must grant or reject application
Commission must give applicant and interested persons a reasonable opportunity to make submissions before making an exemption order.
151BB Commission to give opportunity for submissions
Commission must not make exemption order unless satisfied certain conditions met.
151BC Criteria for making exemption order
Commission is prohibited from making exemption order.
(1) The Commission must not make an exemption order...
competition-and-consumer-act-2010.pdf, p.238
151BD Notification of decision
Commission must notify applicant of exemption order
151BD(1) Notification of decision
Commission must notify applicant of refusal
151BD(2) Notification of decision
Commission must give applicant a written notice
151BE Duration of exemption order may be limited
151BF Conditions of exemption order
Revocation of exemption order if Commission is satisfied that order was made on false or misleading information.
151BG Revocation of exemption order
Overlaps with other provisions related to industries and record-keeping rules.
Further provisions relating to particular industries etc.
Exemption order must be revoked if Commission is satisfied.
Commission is satisfied that order was made on false or misleading information.
Prohibits making exemption orders on false or misleading information.
Spreads to other provisions related to record-keeping rules.
Traces back to other provisions related to record-keeping rules.
competition-and-consumer-act-2010.pdf, p.239
151BH Register of exemption orders
The Commission must keep a Register in relation to exemption orders.
151BH(1) Register of exemption orders
Particulars of all exemption orders, applications for exemption orders received by the Commission.
Register of exemption orders must include certain information.
151BH(2) Register of exemption orders
competition-and-consumer-act-2010.pdf, p.240
151BJ Conduct includes proposed conduct
competition-and-consumer-act-2010.pdf, p.241
151BU Commission may make record-keeping rules
Commission may make record-keeping rules for carriers and carriage service providers.
151BU(1) Commission may make record-keeping rules
Commission must make record-keeping rules
151BU(2) Commission may make record-keeping rules
Rules for preparing reports may be specified.
151BU(2A) Commission may make record-keeping rules
Commission must prepare reports as and when required.
151BU(2B) Commission may make record-keeping rules
Rules may require or permit a report to be given to the Commission.
151BU(2C) Commission may make record-keeping rules
Commission may make record-keeping rules
151BU(2D) Commission may make record-keeping rules
competition-and-consumer-act-2010.pdf, p.264
151BV Incorrect records
Do not make a record in an incorrect way.
151BV(1) Incorrect records
151BV(2) Incorrect records
commits an offence punishable on conviction by imprisonment for a term not exceeding 6 months.
(2) A person who contravenes subsection (1)
competition-and-consumer-act-2010.pdf, p.265
Defines who is considered involved in a contravention of the competition rule.
151BW Person involved in a contravention of the competition rule, a
the contravention occurred during this period
Temporal relation between a person and a contravention
has aided, abetted, counselled or procured the contravention; or has induced, whether by threats or promises or otherwise, the contravention;
the person is involved in the contravention
Implication of a person's involvement in a contravention
(a) has aided, abetted, counselled or procured the contravention; (b) has induced, whether by threats or promises or otherwise, the contravention;
has aided, abetted, counselled or procured the contravention; or has induced, whether by threats or promises or otherwise, the contravention; or has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention;
Classification as involved in a contravention
Person involved in a contravention of the competition rule, a
the contravention was transmitted through this person
Transmission of a contravention through a person
has conspired with others to effect the contravention;
the contravention occurred until this period
has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention;
151BX Pecuniary penalties for breach of the competition rule, a
Order pecuniary penalty for breach of competition rule
151BX(1) Pecuniary penalties for breach of the competition rule, a
Imposes duty on the Commonwealth to order pecuniary penalty
Mandatory consideration of relevant matters in determining pecuniary penalties
151BX(2) Pecuniary penalties for breach of the competition rule, a
Pecuniary penalties must be determined with consideration of relevant matters
The Court must have regard to all relevant matters
competition-and-consumer-act-2010.pdf, p.267
151BY Civil action for recovery of pecuniary penalties
Commission may institute a proceeding for recovery of pecuniary penalties.
151BY(1) Civil action for recovery of pecuniary penalties
Commencement of civil action within 6 years after contravention
151BY(2) Civil action for recovery of pecuniary penalties
A proceeding under subsection (1) may be commenced within 6 years after the contravention.
Legal obligation to commence action within time limit
Subsection (1) may be commenced within 6 years after contravention.
Instituting a proceeding under subsection (1) is prohibited in relation to certain actions.
151BY(3) Civil action for recovery of pecuniary penalties
competition-and-consumer-act-2010.pdf, p.268
151BZ Criminal proceedings not to be brought for contraventions of
No criminal proceedings for contraventions of competition, record-keeping or disclosure directions.
151BZ(1) Criminal proceedings not to be brought for contraventions of
Temporal intervals for criminal proceedings and contraventions.
(1) Criminal proceedings do not lie against a person only because the person has contravened... or (c) has been involved in a contravention of...
...or (c) has been involved in a contravention of the competition rule, a record-keeping rule or a disclosure direction.
No criminal proceedings for contraventions.
(1) Criminal proceedings do not lie against a person only because the person has contravened...
...or (b) has attempted to contravene the competition rule, a record-keeping rule or a disclosure direction.
No criminal proceedings for attempted contraventions.
(1) Criminal proceedings do not lie against a person only because the person has attempted to contraven...
No criminal proceedings for involvement in contraventions.
(1) Criminal proceedings do not lie against a person only because the person has been involved in...
Proceedings for certain offences cannot be brought under subsection (1)
151BZ(3) Criminal proceedings not to be brought for contraventions of
Prohibits proceedings for certain offences
competition-and-consumer-act-2010.pdf, p.269
151CA Injunctions
Granting injunctions for contravention of competition rules, record-keeping rules, or disclosure directions.
151CA(1) Injunctions
(a) a contravention of the competition rule, a record-keeping rule or a disclosure direction;
Prohibiting aiding, abetting, counselling or procuring contravention of rules
(c) aiding, abetting, counselling or procuring a person to contravene the competition rule, a record-keeping rule or a disclosure direction;
Prohibiting inducing or attempting to induce contravention of rules
(d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene the competition rule, a record-keeping rule or a disclosure direction;
Prohibiting being knowingly concerned in or party to contravention of rules
(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the competition rule, a record-keeping rule or a disclosure direction;
Prohibiting conspiring with others to contravene rules
(f) conspiring with others to contravene the competition rule, a record-keeping rule or a disclosure direction;
Granting injunctions for attempted contravention of rules
(b) attempting to contravene the competition rule, a record-keeping rule or a disclosure direction;
Court may grant injunction by consent of all parties to proceedings.
151CA(2) Injunctions
competition-and-consumer-act-2010.pdf, p.271
151CB Orders to disclose information or publish an
Order requiring disclosure of information or publication of advertisements.
151CB(1) Orders to disclose information or publish an
151CB(2) Orders to disclose information or publish an
No application can be made in relation to a contravention of the competition rule unless the alleged conduct is dealt with in a Part A competition notice.
151CB(3) Orders to disclose information or publish an
Prohibits making an application in relation to a contravention of the competition rule.
151CC Actions for damages—breach of the competition rule
Recovery of damages for breach of competition rule
151CC(1) Actions for damages—breach of the competition rule
State has obligation to compensate for breach of competition rule
Action for damages may be commenced within 3 years after the cause of action accrued.
151CC(2) Actions for damages—breach of the competition rule
Obligation to commence action within time limit
competition-and-consumer-act-2010.pdf, p.272
151CD Finding of fact in proceedings to be evidence
Finding of fact in proceedings is evidence that a person contravened the competition rule.
151CD(1) Finding of fact in proceedings to be evidence
Finding of fact in proceedings is prima facie evidence
151CD(2) Finding of fact in proceedings to be evidence
the finding is prima facie evidence of that fact
Obligation to provide finding as prima facie evidence
Court may make orders against a person who engaged in contravention of the competition rule or a person involved in the contravention.
151CE Other orders—compensation for breach of the competition
competition-and-consumer-act-2010.pdf, p.274
Regulation of conduct by directors, employees or agents
151CF Conduct by directors, employees or agents
competition-and-consumer-act-2010.pdf, p.275
151CG Disclosure of documents by Commission
151CG(1) Disclosure of documents by Commission
Commission must disclose documents to a person upon request.
151CG(2) Disclosure of documents by Commission
Commission must comply with request if not already done so.
151CG(3) Disclosure of documents by Commission
Federal Court may refuse to make an order under subsection (3) about a document or part of a document if the Federal Court considers it inappropriate.
151CG(4) Disclosure of documents by Commission
Federal Court considers it inappropriate
competition-and-consumer-act-2010.pdf, p.277
Partnership treated as a person with modified obligations and liability.
151CH Treatment of partnerships
Obligations are imposed on each partner.
Partnership's obligations are imposed on each partner.
competition-and-consumer-act-2010.pdf, p.278
151CI Review by Tribunal
151CI(1) Review by Tribunal
151CI(2) Review by Tribunal
151CI(3A) Review by Tribunal
written application within specified timeframes
Application requirements for review of a decision
151CI(4) Review by Tribunal
Application must be made within specified timeframes
Timeframe for application is a necessary condition for review
Application must be in writing and made within specified timeframes
Failure to meet application requirements is a sufficient condition for denial of review
Application requirements are a necessary condition for review
151CI(5) Review by Tribunal
competition-and-consumer-act-2010.pdf, p.279
151CJ Functions and powers of Tribunal
The Tribunal may make a decision affirming, setting aside, or varying the Commission's decision.
151CJ(1) Functions and powers of Tribunal
Decision of Tribunal is binding on the State for purposes of this Act (other than this Division)
151CJ(2) Functions and powers of Tribunal
Tribunal's decision is binding on the State
Commission must provide information, reports, and assistance to the Tribunal as specified by a member.
151CJ(3) Functions and powers of Tribunal
Must provide information, reports, and assistance.
competition-and-consumer-act-2010.pdf, p.280
Exempts Division 1 of Part IX from Tribunal review for Commission decisions under section 151CI.
151CK Provisions that do not apply in relation to a Tribunal review
competition-and-consumer-act-2010.pdf, p.281
151CL Reviews of competitive safeguards within the
Commission must review and report on competitive safeguards within the telecommunications industry.
151CL(1) Reviews of competitive safeguards within the
Publish a report on its website within 6 months after the end of the financial year concerned.
151CL(2) Reviews of competitive safeguards within the
Must publish a report on its website within 6 months after the end of the financial year concerned.
The Commission must review and report on competitive safeguards within the telecommunications industry.
151CL(3) Reviews of competitive safeguards within the
Commission must give a report to the Minister before the end of the period specified in the direction.
151CL(4) Reviews of competitive safeguards within the
Lay a copy of the report before each House within 15 sitting days.
151CL(5) Reviews of competitive safeguards within the
The Minister MUST cause a copy of the report...
Temporal interval within which the action must be performed
15 sitting days after receiving the report
If the Minister receives the report, they MUST cause a copy to be laid before Parliament.
Reviews of competitive safeguards within the telecommunications industry.
151CL(7) Reviews of competitive safeguards within the
competition-and-consumer-act-2010.pdf, p.282
151CM Monitoring of telecommunications charges paid by
The Commission must monitor and report on telecommunications charges paid by consumers.
151CM(1) Monitoring of telecommunications charges paid by
The Commission may decide which charges to monitor and report on.
151CM(2) Monitoring of telecommunications charges paid by
Publish report on website within 6 months after financial year end.
151CM(3) Monitoring of telecommunications charges paid by
competition-and-consumer-act-2010.pdf, p.286
151CQ Voluntary undertakings given by Telstra
151CQ(1) Voluntary undertakings given by Telstra
Section applies if an undertaking given by Telstra is in force
Obligation to consider Telstra's conduct
Commission must have regard to Telstra’s conduct
151CQ(2) Voluntary undertakings given by Telstra
competition-and-consumer-act-2010.pdf, p.288
Authorise conduct for promoting national interest and uniform pricing
151DA Authorised conduct—subsection 51(1)
Objects are authorised to promote national interest and uniform pricing
competition-and-consumer-act-2010.pdf, p.293
151DB Listed points of interconnection
The Commission must prepare a written list setting out points of interconnection.
151DB(1) Listed points of interconnection
Must provide a written list setting out points of interconnection.
A listed point of interconnection is defined for the purposes of this Division.
151DB(2) Listed points of interconnection
A point of interconnection is specified in a list.
Publish a copy of a list on its website.
151DB(3) Listed points of interconnection
A list under subsection (1) is not a legislative instrument.
151DB(4) Listed points of interconnection
List under subsection (1) is not a legislative instrument.
List under subsection (1) is a legislative instrument.
A variation of a list under subsection (1) is not a legislative instrument.
151DB(5) Listed points of interconnection
Prohibits variations of lists as legislative instruments.
competition-and-consumer-act-2010.pdf, p.294
Carriers and carriage service providers must comply with standard access obligations.
152AA Simplified outline
Must provide access to declared services
competition-and-consumer-act-2010.pdf, p.296
152AB Object of this Part
Promote long-term interests of end-users
152AB(1) Object of this Part
Consideration of long-term interests when determining the promotion of listed services.
152AB(2) Object of this Part
...regard must be had to the extent to which the thing is likely to result in the achievement of...
(2) For the purposes of this Part, in determining whether a particular thing promotes the long-term interests...
Cognitive processing of listed services.
Tracing the promotion of listed services.
Limit matters to which regard may be had
152AB(3) Object of this Part
Regard must be had to the extent to which the thing will remove obstacles to end-users of listed services gaining access to listed services.
152AB(4) Object of this Part
(4) In determining the extent to which a particular thing is likely to result in the achievement of the objective referred to in...
No implication that limits matters to which regard may be had.
152AB(5) Object of this Part
Consideration of factors when determining the extent to which a particular thing is likely to result in the achievement of an objective.
152AB(6) Object of this Part
152AB(7) Object of this Part
competition-and-consumer-act-2010.pdf, p.298
Definitions for Telecommunications access regime
152AC Definitions
access seeker has the meaning given by section 152AG.
access has the meaning given by section 152AF.
access undertaking means a special access undertaking.
access agreement has the meaning given by section 152BE.
competition-and-consumer-act-2010.pdf, p.301
152AD This Part binds the Crown
This Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
152AD(1) This Part binds the Crown
Imposes a duty on the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory
The other provisions of this Act so far as they relate to this Part
Imposes a duty on the other provisions of this Act so far as they relate to this Part
The other provisions of this Act relate to this Part
The Crown is not liable to prosecution for an offence under this Part.
152AD(2) This Part binds the Crown
The temporal interval of applicability of this Part is unknown.
Temporal interval of applicability of this Part.
This Part does not make the Crown liable to be prosecuted for an offence.
The Crown's liability is determined by this Part.
Exemption from protection for Commonwealth and State authorities
152AD(3) This Part binds the Crown
Prohibits application of protection to Commonwealth and State authorities
(3) The protection in subsection (2) does not apply...
152AE Extension to external Territories
152AE(1) Extension to external Territories
The operation of this Part in relation to Norfolk Island is not affected by other provisions of the Act.
152AE(2) Extension to external Territories
The operation of this Part in relation to Norfolk Island
competition-and-consumer-act-2010.pdf, p.302
152AF Access
Definition of access in relation to a declared service.
152AF(1) Access
Anything done by a carrier or carriage service provider in fulfilment of a standard access obligation is taken to be an aspect of access to a declared service.
152AF(2) Access
Anything done by a carrier or provider in fulfillment of the requirement is taken to be an aspect of access to a declared service.
152AF(3) Access
Imposes an obligation on carriers and providers.
152AG Access seeker
Defines access seeker for declared service purposes.
152AG(1) Access seeker
Identifies a person as an access seeker.
A service provider is an access seeker in relation to a declared service if it makes or proposes to make a request under certain sections.
152AG(2) Access seeker
...whether or not: (a) the request is refused;
Service provider is an access seeker if it wants access to the service.
152AG(3) Access seeker
competition-and-consumer-act-2010.pdf, p.303
152AH Reasonableness—terms and conditions
Regard must be had to the following matters when determining whether terms and conditions are reasonable.
152AH(1) Reasonableness—terms and conditions
Expresses the requirement to consider specific matters
Classifies terms and conditions into a hierarchy
Regard may be had beyond the matters explicitly limited by subsection (1)
152AH(2) Reasonableness—terms and conditions
Public inquiry commences when notice is published
152AI When public inquiry commences
competition-and-consumer-act-2010.pdf, p.304
Interpretation of Part IIIA not affected by this Part
152AJ Interpretation of Part IIIA not affected by this Part
Does not affect operation of Parts IV, IVA and VII
152AK Operation of Parts IV, IVA and VII not affected by this Part
competition-and-consumer-act-2010.pdf, p.305
152AL Declared services
Defines eligible services for section 152AL(1)
152AL(1) Declared services
Commission may declare a specified eligible service as a declared service under certain conditions.
152AL(3) Declared services
Service is exempt from declaration to extent it is supplied or capable
152AL(3A) Declared services
competition-and-consumer-act-2010.pdf, p.313
152AM Inquiries about proposals to declare services
This section applies to a public inquiry of a kind mentioned in paragraph 152AL(3)(a) or (8A)(a) or 152ALA(7)(a).
152AM(1) Inquiries about proposals to declare services
Commission may hold inquiry on its own initiative or at request of person.
152AM(2) Inquiries about proposals to declare services
Inquiry may be held at request of person
Commission must consider public inquiry request
152AM(3) Inquiries about proposals to declare services
152AM(4) Inquiries about proposals to declare services
Commission must provide a copy of the report to a person requesting an inquiry.
152AM(5) Inquiries about proposals to declare services
Must provide report to person requesting inquiry.
152AN Combined inquiries about proposals to declare services
Commission may decide to combine public inquiries
152AN(1) Combined inquiries about proposals to declare services
Commission must ensure each inquiry is covered by a report under section 505 of the Telecommunications Act 1997.
152AN(2) Combined inquiries about proposals to declare services
competition-and-consumer-act-2010.pdf, p.314
152AO Variation or revocation of declaration
Applicability of Acts Interpretation Act 1901 to Commission's power under section 152AL
152AO(1) Variation or revocation of declaration
Application of Acts Interpretation Act 1901
Commission is not required to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to revoke the declaration.
152AO(1A) Variation or revocation of declaration
Proposal to revoke the declaration must occur before the public inquiry
(b) in the Commission’s opinion, the service is of minor importance;
Classifies the service as of minor importance based on Commission’s opinion
If the service is of minor importance, then no public inquiry is required
(a) a declaration under section 152AL relates to a particular service;
Commission is not required to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about proposed variation.
152AO(3) Variation or revocation of declaration
152AQ Register of declared services
Commonwealth liable for compensation if acquisition of property results in unfair terms. The Commission must keep a Register in relation to declarations under section 152AL.
152AQ(1) Register of declared services
...the Commonwealth is liable to pay a reasonable amount of compensation to the person.
Temporal interval between operation of provisions and payment of compensation.
(1) If the operation of any or all of the following provisions...
Payment of compensation for unfair acquisition of property.
Obligation to pay compensation for unfair acquisition of property.
...would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay...
Condition for payment of compensation: acquisition of property results in unfair terms.
Temporal interval until payment of compensation.
Register of declared services must include certain particulars. Person may institute proceedings for recovery of compensation from Commonwealth if agreement on amount cannot be reached.
152AQ(2) Register of declared services
Obligation to provide register of declared services.
Obligation to institute proceedings for recovery of compensation
Definitions for acquisition of property and just terms The Register is to be maintained by electronic means.
152AQ(3) Register of declared services
The Register must be made available for inspection on the Commission's website.
152AQ(4) Register of declared services
The Register is not a legislative instrument.
152AQ(5) Register of declared services
competition-and-consumer-act-2010.pdf, p.316
152AR Category A standard access obligations
Category A standard access obligations for active declared services
152AR(1) Category A standard access obligations
Access provider has a duty to provide category A standard access obligations
Carrier or provider must be an access provider and supply active declared services.
152AR(2) Category A standard access obligations
Access provider must supply active declared service to service provider.
152AR(3) Category A standard access obligations
Temporal inclusion: if access provider supplies active declared service, then technical and operational quality of the active declared service supplied to the service provider is equivalent to that which the access provider provides to itself at some point in time.
Implication: if access provider supplies active declared service, then technical and operational quality of the active declared service supplied to the service provider is equivalent to that which the access provider provides to itself.
Exemptions from obligations under section 152AR(3)(a)
152AR(4) Category A standard access obligations
Ordering and provisioning are aspects of technical and operational quality.
152AR(4A) Category A standard access obligations
Regulations may provide that a specified act is taken to be ordering.
152AR(4B) Category A standard access obligations
competition-and-consumer-act-2010.pdf, p.327
152AU Individual exemptions—request for further information
This section applies to an application under subsection 152ATA(1).
152AU(1) Individual exemptions—request for further information
Commission may request applicant for further information.
152AU(2) Individual exemptions—request for further information
Commission may refuse application if information not given within time limit.
152AU(2A) Individual exemptions—request for further information
...the Commission may, by written notice given to the applicant, refuse the application.
Time limit for giving information is a temporal interval.
(2A) If the applicant does not give the Commission the information within the time limit...
Commission infers refusal from applicant's failure to provide information.
Commission prohibits applicant from proceeding without information.
Commission's refusal spreads to applicant.
Commission's refusal is a recurring event.
Subsection (2A) has effect despite anything in this Division.
152AU(2B) Individual exemptions—request for further information
152AU(3) Individual exemptions—request for further information
152AU(4) Individual exemptions—request for further information
competition-and-consumer-act-2010.pdf, p.333
152AY Compliance with standard access obligations
Carrier or carriage service provider must comply with standard access obligations.
152AY(1) Compliance with standard access obligations
(1) This section applies if a carrier or carriage service provider is required to comply with any or all of the standard access obligations.
Artificial intelligence applications for compliance
Carrier or carriage service provider must comply with access obligations.
152AY(2) Compliance with standard access obligations
competition-and-consumer-act-2010.pdf, p.335
Carrier must comply with standards and rules.
152AZ Carrier licence condition
152BA Service provider rule
Service provider rule for the purposes of the Telecommunications Act 1997
152BA(1) Service provider rule
Service provider must comply with applicable standards and rules.
152BA(2) Service provider rule
competition-and-consumer-act-2010.pdf, p.336
152BB Judicial enforcement of standard access obligations
Court may order person to comply with condition or limitation Federal Court may make orders to enforce standard access obligations.
152BB(1) Judicial enforcement of standard access obligations
Court may make orders to enforce standard access obligations.
152BB(1A) Judicial enforcement of standard access obligations
Federal Court may discharge or vary an order granted under this section.
152BB(2) Judicial enforcement of standard access obligations
Federal Court may discharge or vary an order
Limitation on judicial enforcement of standard access obligations Does not limit section 152BB
152BB(3) Judicial enforcement of standard access obligations
competition-and-consumer-act-2010.pdf, p.342
152BC Access determinations
Commission may make a written determination relating to access to a declared service.
152BC(1) Access determinations
Determination under subsection (1) must be known as an access determination.
152BC(2) Access determinations
The access determination must be known by that name.
Must provide a name for the access determination.
(2) A determination under subsection (1) is to be known as an access determination.
Specify terms and conditions for carrier or provider compliance with standard access obligations.
152BC(3) Access determinations
Requires a carrier or provider to comply with certain terms and conditions.
Requires a carrier or provider to extend or enhance facility capability.
(3) An access determination may: (d) require a carrier or carriage service provider to extend or enhance the capability of a facility by means of which the declared service is supplied;
Requires access seekers to accept and pay for access.
(3) An access determination may: (g) require access seekers to accept, and pay for, access to the declared service;
Prohibits certain obligations from applying.
(3) An access determination may: (i) unconditionally; or (ii) subject to such conditions or limitations as are specified in the determination;
(3) An access determination may: (i) restrict or limit the application to a carrier or carriage service provider of any or all of the obligations referred to in section 152AR;
Specifies terms and conditions for carrier or provider compliance.
(3) An access determination may: (a) specify any or all of the terms and conditions on which a carrier or carriage service provider is to comply with any or all of the standard access obligations applicable to the carrier or provider;
152BC(4) Access determinations
An access determination may be expressed to be an NBN-specific access determination.
152BC(4A) Access determinations
Access determination applies to NBN corporations
152BC(4B) Access determinations
Access determination does not apply to access supplied by a person other than an NBN corporation.
152BC(4C) Access determinations
Different provision for different carriers or carriage service providers
152BC(5) Access determinations
Temporal interval for access determinations
(5) An access determination may make different provision with respect to:
Differentiation of provision for different carriers or carriage service providers
Does not limit subsection 33(3A) of the Acts Interpretation Act 1901.
152BC(6) Access determinations
Commission may perform functions and exercise powers under an access determination.
152BC(7) Access determinations
competition-and-consumer-act-2010.pdf, p.367
152BD Binding rules of conduct
Commission may make written rules specifying terms and conditions for carriers or carriage service providers.
152BD(1) Binding rules of conduct
Rules under subsection (1) are to be known as binding rules of conduct.
152BD(2) Binding rules of conduct
Rules of conduct may be of general application or limited as provided in the rules.
152BD(3) Binding rules of conduct
Binding rules of conduct may be limited to specific carriers or carriage service providers.
152BD(4) Binding rules of conduct
Defines temporal intervals during which binding rules of conduct apply.
Limits binding rules of conduct to specific entities.
(4) In particular, binding rules of conduct may be limited to: (a) particular carriers or carriage service providers; or (b) particular classes of carriers or carriage service providers; or (c) particular access seekers; or (d) particular classes of access seekers.
Expressing binding rules of conduct as NBN-specific
152BD(4A) Binding rules of conduct
Binding rules of conduct apply except for access to declared services.
152BD(4B) Binding rules of conduct
Service supply overlaps with binding rules of conduct.
(4B) Binding rules of conduct do not apply in relation to access to a declared service to the extent to which the service is supplied, or is
Service supply incorporates binding rules of conduct.
Exclude access to declared services from binding rules of conduct.
Service supply diffuses into binding rules of conduct.
Service supply recurrently overlaps with binding rules of conduct.
competition-and-consumer-act-2010.pdf, p.379
An access agreement is an agreement that meets specific conditions.
152BE Access agreements
The agreement embodies any or all of the terms and conditions on which the carrier or carriage service provider is to comply with any or all of the standard access obligations applicable to the carrier or provider.
Classifies the terms and conditions of an access agreement.
The agreement relates to access to a declared service.
The agreement embodies any or all of the terms and conditions on which the carrier or carriage service provider is to comply with any or all of those requirements.
Classifies the requirements imposed by an access determination.
If an access determination imposes requirements on a carrier or carriage service provider in relation to access to the declared service, as mentioned in paragraph 152BC(3)(e)—
The agreement requires the carrier or carriage service provider to comply with any or all of the standard access obligations applicable to the carrier or provider in a manner specified in the agreement;
Classifies the terms and conditions of an access seeker's access to a declared service.
The agreement embodies any other terms and conditions of the access seeker’s access to the declared service;
Classifies the requirements for the extension or enhancement of a facility.
The agreement requires the carrier or carriage service provider to extend or enhance the capability of a facility by means of which the declared service is supplied;
The agreement is between an access seeker and a carrier or carriage service provider.
Classifies the parties involved in an access agreement.
The parties to the agreement are: an access seeker and the carrier or carriage service provider who supplies, or proposes to supply, the declared service;
The agreement is related to a declared service.
Classifies the declaration of a service in an access agreement.
The agreement relates to access to a declared service;
competition-and-consumer-act-2010.pdf, p.410
152CC Register of access undertakings
Maintain a Register of access undertakings
152CC(1) Register of access undertakings
The Register is to be maintained by electronic means.
152CC(2) Register of access undertakings
152CC(3) Register of access undertakings
152CC(4) Register of access undertakings
Classifies the statement as an undertaking.
(4) The Register is not a legislative instrument.
competition-and-consumer-act-2010.pdf, p.411
152CD Enforcement of access undertakings
Commission may defer consideration of access undertakings Enforcement of access undertakings obligation
152CD(1) Enforcement of access undertakings
Obligation to enforce access undertakings
Application to Federal Court for order under subsection (3) if access undertaking is breached
152CD(2) Enforcement of access undertakings
Commission or affected person may apply to the Federal Court for an order under subsection (3).
(2) If the Commission; or any person (the affected person) whose interests are affected by the undertaking;
Court may order breach of undertaking to comply with or compensate for loss.
152CD(3) Enforcement of access undertakings
152CD(4) Enforcement of access undertakings
Permits Federal Court to discharge or vary an order.
competition-and-consumer-act-2010.pdf, p.413
152CH Ministerial pricing determinations
152CH(1) Ministerial pricing determinations
Defines price-related terms and conditions.
152CH(3) Ministerial pricing determinations
terms and conditions relating to price or a method of ascertaining price
152CI Undertakings, access determinations and binding rules of
152CI(1) Undertakings, access determinations and binding rules of
Provision has no effect to the extent of inconsistency with Ministerial pricing determination.
152CI(2) Undertakings, access determinations and binding rules of
competition-and-consumer-act-2010.pdf, p.414
152CJ Register of Ministerial pricing determinations
The Commission must keep a Register of Ministerial pricing determinations.
152CJ(1) Register of Ministerial pricing determinations
Obligation to keep a Register of Ministerial pricing determinations.
152CJ(2) Register of Ministerial pricing determinations
Make Register available for inspection on Commission's website.
152CJ(3) Register of Ministerial pricing determinations
Register of Ministerial pricing determinations not a legislative instrument.
152CJ(4) Register of Ministerial pricing determinations
competition-and-consumer-act-2010.pdf, p.421
152CK Relationship between this Part and Part IIIA
No notification under section 44S for access disputes related to declared services and service providers.
152CK(1) Relationship between this Part and Part IIIA
Prohibits notification under section 44S for access disputes.
Commission cannot accept undertaking related to access to service providers
152CK(2) Relationship between this Part and Part IIIA
Prohibition of accepting undertakings related to access
Terms and conditions relate to provision of access
Ceases undertaking operation if service becomes declared
152CK(3) Relationship between this Part and Part IIIA
...the undertaking ceases to be in operation...
Temporal relation between service and declared service
(3) If: (a) an undertaking under section 44ZZA is in operation...
(3) If an undertaking under section 44ZZA is in operation...
Conditional diffusion of undertaking operation
Assumes effect of subsection 152AL(7)(c) for special access undertakings
152CK(4) Relationship between this Part and Part IIIA
Assumes effect of subsection 152AL(8E) for special access undertakings
152CK(5) Relationship between this Part and Part IIIA
competition-and-consumer-act-2010.pdf, p.422
152EF Prohibition on hindering the fulfilment of a standard access
Prohibition on hindering standard access fulfilment
152EF(1) Prohibition on hindering the fulfilment of a standard access
Defines temporal interval for prohibition
Prohibits conduct for hindering standard access fulfilment
Prohibition on hindering the fulfilment of a standard access
152EF(2) Prohibition on hindering the fulfilment of a standard access
152EF(3) Prohibition on hindering the fulfilment of a standard access
Defines the temporal interval for which subsection (1) has no effect
(3) Subsection (1) does not have effect before 1 July 1997.
Prohibits hindering the fulfilment of a standard access
Defines a temporal trace for the provision
152EG Enforcement of prohibition on hindering the fulfilment of a
Prohibition on hindering the fulfilment of a standard access obligation
152EG(1) Enforcement of prohibition on hindering the fulfilment of a
Restraining persons involved in contravention from further conduct.
152EG(2) Enforcement of prohibition on hindering the fulfilment of a
...the Court may make any other orders (including granting an injunction)...
Restraining persons involved in contravention.
(2) If the Federal Court has power under subsection (1) to grant an injunction...
competition-and-consumer-act-2010.pdf, p.423
Federal Court may grant an injunction by consent of all parties to the proceedings.
152EH Consent injunctions
152EI Interim injunctions
Grant interim injunction pending determination of an application under section 152EG.
152EI(1) Interim injunctions
Court must not require undertakings as a condition of granting an interim injunction.
152EI(2) Interim injunctions
The excerpt overlaps with other sections of section 152EG.
Section 152EG has provisions relating to particular industries etc.
The Court must not require undertakings as a condition of granting an interim injunction.
Commission makes an application under section 152EG to the Federal Court for an injunction.
competition-and-consumer-act-2010.pdf, p.424
Factors relevant to granting a restraining injunction
152EJ Factors relevant to granting a restraining injunction
Granting an injunction under section 152EG may be exercised
Court may grant injunction regardless of person's intentions or past actions.
152EK Factors relevant to granting a mandatory injunction
Court can grant injunction regardless of person's intentions or past actions.
May discharge or vary an injunction or order granted under this Division.
152EL Discharge or variation of injunction or other order
Telecommunications access regime Part XIC
May discharge or vary an injunction or order
competition-and-consumer-act-2010.pdf, p.427
152EM Continuity of partnerships
Partnership treated as a person with certain changes.
152EN Treatment of partnerships
competition-and-consumer-act-2010.pdf, p.428
152EO Conduct by directors, servants or agents
Director, servant or agent's actual or apparent authority and state of mind.
Establishing state of mind of a body corporate in relation to conduct.
152EO(1) Conduct by directors, servants or agents
Body corporate liable for conduct of directors, servants or agents within scope of authority
152EO(2) Conduct by directors, servants or agents
Body corporate has an obligation to prevent conduct of directors, servants or agents within scope of authority
Director, servant or agent acts within scope of actual or apparent authority
Conduct not taken by body corporate is excused
Body corporate has permission to take reasonable precautions and exercise due diligence to avoid conduct
Body corporate takes reasonable precautions and exercises due diligence
Body corporate has permission to give direction, consent or agreement within scope of actual or apparent authority
Director, servant or agent gives direction, consent or agreement within scope of actual or apparent authority
Body corporate has permission to act in its own name and capacity
Body corporate acts in its own name and capacity
Body corporate has permission to delegate authority to directors, servants or agents
Directors, servants or agents must have certain knowledge and intentions.
152EO(3) Conduct by directors, servants or agents
The state of mind of a person overlaps with their reasons for an intention.
State of mind includes knowledge, intention, opinion, belief or purpose.
Directors, servants or agents must have knowledge.
Directors, servants or agents must have intentions.
Directors, servants or agents must have reasons for their intentions.
A reference to the state of mind includes knowledge, intention, opinion, belief or purpose.
Directors, servants or agents are a class of persons.
Directors, servants or agents of a body corporate are subject to this section.
152EO(4) Conduct by directors, servants or agents
They must comply with the provisions of this section during this time.
The section applies during the term of office or employment.
Directors, servants or agents are subject to this section during their term of office or employment.
They must comply with the provisions of this section.
Directors, servants or agents are bound by this section.
This section applies to directors, servants or agents of a body corporate.
They must follow the rules and regulations in this section.
Directors, servants or agents must comply with the provisions of this section.
This section applies to these individuals.
The definition of 'director' includes constituent members of a body corporate incorporated for a public purpose.
A director is defined as including constituent members of a body corporate.
competition-and-consumer-act-2010.pdf, p.429
Regulations about fees for inspection etc. of registers
152EP Regulations about fees for inspection etc. of registers
The regulation has a specific temporal interval
Identifies the temporal interval of the regulation
The text mentions 'provision about fees'
152EQ Assistance to independent telecommunications adjudicator
The independent telecommunications adjudicator must be a company that meets certain conditions.
152EQ(1) Assistance to independent telecommunications adjudicator
The Commission may assist the independent telecommunications adjudicator.
152EQ(2) Assistance to independent telecommunications adjudicator
The state must provide assistance to the independent telecommunications adjudicator.
152EQ(3) Assistance to independent telecommunications adjudicator
competition-and-consumer-act-2010.pdf, p.430
152ER Voluntary undertakings given by Telstra
Section applies if an undertaking given by Telstra is in force under section 577C or 577E of the Telecommunications Act 1997.
152ER(1) Voluntary undertakings given by Telstra
Commission must have regard to Telstra's conduct when performing a function or exercising a power under this Part.
152ER(2) Voluntary undertakings given by Telstra
Commission must not prevent Telstra from complying with the undertaking.
152ER(3) Voluntary undertakings given by Telstra
Commission has an obligation not to prevent Telstra from complying with the undertaking.
competition-and-consumer-act-2010.pdf, p.432
Prohibited conduct by corporations in relation to electricity.
153A Simplified outline of this Part
Forbids prohibited conduct by corporations.
Provisions related to Part XICA cease to be in force on January 1, 2031.
153B Part etc. ceases to be in force
competition-and-consumer-act-2010.pdf, p.433
153C Interpretation
associate has the same meaning as in the Foreign Acquisitions and Takeovers Act 1975.
connected body corporate has the meaning given by section 153D.
competition-and-consumer-act-2010.pdf, p.434
153D Meaning of connected body corporate in relation to prohibited
Corporation is a connected body corporate in relation to prohibited conduct.
153D(1) Meaning of connected body corporate in relation to prohibited
Prohibited conduct occurs during the existence of the connected body corporate.
Temporal relationship between prohibited conduct and connected body corporate
(1) A corporation is a connected body corporate in relation to prohibited conduct engaged in by the corporation.
Prohibition applies to all activities of the connected body corporate.
A body corporate is a connected body corporate in relation to prohibited conduct if certain conditions are met.
153D(2) Meaning of connected body corporate in relation to prohibited
If A is related to B, then C is a connected body corporate.
A body corporate is a connected body corporate in relation to prohibited conduct if the body corporate is a holding company of another body corporate; and the other body corporate is a connected body corporate in relation to the prohibited conduct because of a previous operation of this section.
153D(3) Meaning of connected body corporate in relation to prohibited
(3) A body corporate is a connected body corporate in relation to prohibited conduct...
competition-and-consumer-act-2010.pdf, p.435
153E Prohibited conduct—retail pricing
Corporation contravenes section if fails to adjust prices after sustained cost reductions.
153E(1) Prohibited conduct—retail pricing
...if the corporation fails to make reasonable adjustments...
Requires sustained cost reductions over a specific time period.
(1) A corporation contravenes this section...
Classifies corporations based on their pricing practices.
Prohibits corporation from supplying electricity at unsustainable prices.
Diffuses responsibility for unsustainable pricing among corporations.
Requires repeated instances of unsustainable pricing over time.
Exemption from contravention for standing offer prices
153E(2) Prohibited conduct—retail pricing
Describes temporal interval for exemption
(2) Despite subsection (1), the corporation does not contravene this section if the price is a standing offer price (within the meaning of the Competition and Consumer (Industry Code—Electricity Retail) Regulations 2019).
Indicates prohibition for non-exempt prices
Exemptions from retail pricing prohibition
153E(3) Prohibited conduct—retail pricing
Act of the Commonwealth, State or Territory
Prohibited conduct—electricity financial contract liquidity
153F Prohibited conduct—electricity financial contract liquidity
competition-and-consumer-act-2010.pdf, p.436
Bidding or failing to bid in an electricity spot market is prohibited if done fraudulently, dishonestly, or in bad faith.
153G Prohibited conduct—electricity spot market (basic case)
Prohibits bidding or failing to bid in an electricity spot market.
Bidding or failing to bid on electricity spot market is prohibited.
153H Prohibited conduct—electricity spot market (aggravated case)
Prohibition of bidding or failing to bid.
competition-and-consumer-act-2010.pdf, p.437
153J Prohibited conduct—purpose
Establishes purpose for sections 153F, 153G and 153H
153J(1) Prohibited conduct—purpose
Prohibited conduct for substantially lessening competition or distorting prices in electricity markets.
153J(2) Prohibited conduct—purpose
(2) A corporation may be taken to have done something:
153K Prohibited conduct may be covered by other provisions
competition-and-consumer-act-2010.pdf, p.438
153L Commission may give draft public warning notice
Notice required for prohibited conduct causing harm to persons
153L(1) Commission may give draft public warning notice
one or more persons has suffered, or is likely to suffer, detriment as a result of the prohibited conduct
(1) The Commission may give a corporation a notice in writing if the Commission reasonably believes that...
it is in the public interest to issue the notice
Conditional commencement of notice based on public interest
the corporation has engaged in prohibited conduct
The Commission may give a corporation a notice in writing if the Commission reasonably believes that...
Commission must provide a public warning notice with specific details.
153L(2) Commission may give draft public warning notice
Notice must be given under subsection (1)
153L(3) Commission may give draft public warning notice
competition-and-consumer-act-2010.pdf, p.439
153M Commission may issue public warning notice
Commission must issue public warning notice after specified conditions.
153M(1) Commission may issue public warning notice
21 DAYS >= Time period between Commission notice and public warning notice
Time period between Commission notice and public warning notice is at least 21 days
(b) At least 21 days have passed since the Commission gave the corporation the notice
Commission's public warning notice IS_A cognitive action
Commission's public warning notice is a cognitive action
(a) Commission gave corporation notice under section 153L; (b) at least 21 days passed since notice given; (c) no more than 90 days passed since notice given
Commission MUST issue public warning notice
Public warning notice IS_A diffusion of information from Commission to corporation
Public warning notice is a diffusion of information from Commission to corporation
90 DAYS >= Time period between Commission notice and public warning notice
Public warning notice must be issued within 90 days of Commission notice
(c) No more than 90 days have passed since the Commission gave the corporation the notice
Commission may issue public warning notice for prohibited conduct.
153M(2) Commission may issue public warning notice
(a) day on which the notice is issued; (b) corporation mentioned in paragraph (2)(a); (b)(ii) prohibited conduct mentioned in paragraph (2)(a).
Public warning notice must state day and identify corporation and prohibited conduct.
153M(3) Commission may issue public warning notice
Defines temporal interval for notice issuance.
(3) The notice must: (a) state the day on which the notice is issued; and (b) identify: (i) the corporation mentioned in paragraph (2)(a); and (ii) the prohibited conduct mentioned in paragraph (2)(a).
Establishes implication between notice issuance and prohibited conduct identification.
Defines recurring trace for notice issuance.
Notice issued under subsection (2) is not a legislative instrument.
153M(4) Commission may issue public warning notice
Division 5 of Part V applies in relation to alleged contravention of section 153E, 153F, 153G or 153H.
153N Infringement notices
Division applies to alleged contravention
competition-and-consumer-act-2010.pdf, p.441
153P Prohibited conduct notices
153P(1) Prohibited conduct notices
The divestiture order must occur within a certain temporal interval.
A divestiture order will result, or is likely to result, in a benefit to the public;
The corporation must be classified as a connected body corporate using CogAI.
Classification of corporations using CogAI
The corporation is a connected body corporate in relation to the prohibited conduct.
The corporation must not engage in this conduct.
The corporation has engaged in prohibited conduct;
The corporation must be classified as a connected body corporate.
The divestiture order must diffuse to all related body corporations.
There is a recurring trace of prohibited conduct.
The corporation is engaging in prohibited conduct;
Notice must identify corporation and state day of notice.
153P(2) Prohibited conduct notices
Prohibits conduct notices without identifying corporation and day of notice.
competition-and-consumer-act-2010.pdf, p.442
153Q Commission may vary or revoke prohibited conduct notice
Commission may vary or revoke prohibited conduct notice
153Q(1) Commission may vary or revoke prohibited conduct notice
153Q(2) Commission may vary or revoke prohibited conduct notice
Defines the period for a variation notice
153Q(3) Commission may vary or revoke prohibited conduct notice
Commission must provide variation or revocation notice to corporations and connected bodies corporate.
153Q(4) Commission may vary or revoke prohibited conduct notice
Must provide variation or revocation notice.
Legislative instrument variation or revocation is not allowed.
153Q(5) Commission may vary or revoke prohibited conduct notice
Legislative instrument variation or revocation is prohibited.
Subsection 33(3) of the Acts Interpretation Act 1901 does not apply to a prohibited conduct notice.
153Q(6) Commission may vary or revoke prohibited conduct notice
The provision is an Allen interval that overlaps with Chapter 7.
Chapter 7 Further provisions relating to particular industries etc.
The provision is an argument that implies the existence of prohibited conduct notices.
The provision implies the existence of prohibited conduct notices.
Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to a prohibited conduct notice.
The provision is a CogAI inference that infers the existence of prohibited conduct notices.
The provision infers the existence of prohibited conduct notices.
The provision is an obligation that excludes the Acts Interpretation Act.
Excludes Acts Interpretation Act from applying to prohibited conduct notices.
The provision is a diffusion that propagates the concept of prohibited conduct notices.
The provision propagates the concept of prohibited conduct notices.
competition-and-consumer-act-2010.pdf, p.444
153R Commission must give Treasurer prohibited conduct
Commission must provide recommendation or notice to Treasurer within 45 days.
153R(1) Commission must give Treasurer prohibited conduct
Commission must not give Treasurer prohibited conduct under certain circumstances.
153R(2) Commission must give Treasurer prohibited conduct
Prohibition of action by the Commission.
Commission must not give Treasurer prohibited conduct
153R(3) Commission must give Treasurer prohibited conduct
Prohibition of giving prohibited conduct
Commission must not give Treasurer prohibited conduct under certain conditions.
153R(4) Commission must give Treasurer prohibited conduct
...the Commission has made a revocation of the no Treasurer action notice under subsection 153V(1).
Commission must give Treasurer a prohibited conduct recommendation within 45 days after revocation.
153R(5) Commission must give Treasurer prohibited conduct
Obligation to provide a prohibited conduct recommendation.
competition-and-consumer-act-2010.pdf, p.445
153S Prohibited conduct recommendations
The Commission may give a notice to the Treasurer recommending orders under Division 5 or 6.
153S(1) Prohibited conduct recommendations
The notice is about prohibited conduct recommendations.
Notice must identify corporation and prohibited conduct.
153S(2) Prohibited conduct recommendations
competition-and-consumer-act-2010.pdf, p.446
153T Commission may vary or revoke prohibited conduct
Commission may vary or revoke prohibited conduct recommendation.
153T(1) Commission may vary or revoke prohibited conduct
Commission must make variation or revocation within 45 days after certain events.
153T(2) Commission may vary or revoke prohibited conduct
Must provide variation or revocation within time frame.
Commission must make variation or revocation under subsection (1).
Commission cannot make variation or revocation under subsection (1) if Treasurer has made contracting order or applied to Court for divestiture order.
153T(3) Commission may vary or revoke prohibited conduct
The Treasurer has applied to Court for divestiture order in relation to the prohibited conduct recommendation. During this time, the Commission cannot make variation or revocation under subsection (1).
Treasurer's action is during Commission's action
The Treasurer has made a contracting order in relation to the prohibited conduct recommendation.
Commission cannot make variation or revocation under subsection (1).
Treasurer has made contracting order or applied to Court for divestiture order.
The Commission cannot make variation or revocation under subsection (1).
Treasurer has applied to Court for divestiture order in relation to the prohibited conduct recommendation.
The Treasurer has applied to Court for divestiture order in relation to the prohibited conduct recommendation.
Commission may not make a variation under subsection (1) unless certain conditions are met.
153T(4) Commission may vary or revoke prohibited conduct
Commission cannot make a variation unless...
Prohibition on making a variation without satisfying conditions.
Commission may make a variation under subsection (1)
Commission must state day on which variation or revocation is made.
153T(5) Commission may vary or revoke prohibited conduct
Must state day on which variation or revocation is made.
Commission must notify Treasurer of variation or revocation
153T(6) Commission may vary or revoke prohibited conduct
The Commission must give a copy of a variation or revocation...
Legislative instruments cannot be varied or revoked through a variation or revocation under subsection (1).
153T(7) Commission may vary or revoke prohibited conduct
Legislative instruments cannot be varied or revoked.
Exempts prohibited conduct recommendations from Acts Interpretation Act 1901
153T(8) Commission may vary or revoke prohibited conduct
competition-and-consumer-act-2010.pdf, p.448
153U No Treasurer action notice
Commission must give Treasurer a notice in writing if it considers not appropriate to give prohibited conduct recommendation.
153U(1) No Treasurer action notice
Reasons for not giving Treasurer a recommendation
Notice requirements for prohibited conduct recommendation
153U(2) No Treasurer action notice
Commission must give a copy of notice to corporation within 45 days or earlier if agreed upon by Commission and Treasurer.
153U(3) No Treasurer action notice
No Treasurer action notice is not a legislative instrument.
153U(4) No Treasurer action notice
(4) A no Treasurer action notice is not a legislative instrument.
153V Commission may vary or revoke no Treasurer action notice
Commission may vary or revoke a no Treasurer action notice.
153V(1) Commission may vary or revoke no Treasurer action notice
Commission must provide notice within 45 days of making a variation or revocation.
153V(2) Commission may vary or revoke no Treasurer action notice
Commission must satisfy minor or insubstantial variation condition before making a variation.
153V(3) Commission may vary or revoke no Treasurer action notice
Commission must be satisfied that variation is minor or insubstantial
Conditions must be met before revocation can occur.
153V(4) Commission may vary or revoke no Treasurer action notice
Satisfaction of conditions is necessary for revocation
Commission cannot make a revocation under subsection (1)
Commission may give Treasurer a prohibited conduct recommendation or corporation a new notice.
153V(5) Commission may vary or revoke no Treasurer action notice
Commission may revoke notice if corporation provides false or misleading information.
153V(6) Commission may vary or revoke no Treasurer action notice
The corporation gave the Commission false or misleading information.
Commission may revoke notice if circumstances require it.
The revocation is reasonably necessary to address the circumstances described in subparagraph (i).
Commission must provide accurate information.
153V(7) Commission may vary or revoke no Treasurer action notice
153V(8) Commission may vary or revoke no Treasurer action notice
Commission must provide a copy of variation or revocation to the corporation
153V(9) Commission may vary or revoke no Treasurer action notice
Must provide a copy of variation or revocation to the corporation
competition-and-consumer-act-2010.pdf, p.451
Treasurer must make order under section 153X if conditions are met.
153W Conditions for making contracting order
The order must be made within 45 days after the Commission gave the recommendation.
Order must be made within 45 days after Commission gave recommendation.
the order is made no later than 45 days after the day on which the Commission gave the Treasurer the recommendation;
The Treasurer must make an order under section 153X.
Treasurer has an obligation to make order under section 153X if conditions are met.
The Commission has given the Treasurer a prohibited conduct recommendation under section 153S;
The Treasurer has an obligation to make an order under section 153X.
The body corporate is classified as a relevant corporation.
Body corporate is identified in the recommendation.
the body corporate is identified in the recommendation (in accordance with subparagraph 153S(2)(c)(i) or (iii));
The order is classified as a relevant type.
Order is of a kind stated in the recommendation.
the order is of a kind stated in the recommendation (in accordance with paragraph 153S(2)(d));
competition-and-consumer-act-2010.pdf, p.452
153X Treasurer may make contracting order
Treasurer may order body corporate to make offers in electricity financial contracts.
153X(1) Treasurer may make contracting order
The Treasurer must make a contracting order with specific details.
153X(2) Treasurer may make contracting order
Treasurer must provide details for electricity financial contracts
153X(3) Treasurer may make contracting order
Classify electricity financial contracts
(a) the kind of offers that the body corporate must make to enter into electricity financial contracts;
The Treasurer must specify the kind of offers that the body corporate must make in certain ways.
153X(4) Treasurer may make contracting order
The Treasurer has a duty to specify the kind of offers that the body corporate must make.
Treasurer must consider certain matters when determining minimum electricity generation capacity.
153X(5) Treasurer may make contracting order
Treasurer has an obligation to consider certain matters.
Treasurer must make contracting order within specified period
153X(6) Treasurer may make contracting order
Publish certain information after making a contracting order
153X(7) Treasurer may make contracting order
competition-and-consumer-act-2010.pdf, p.453
153Y Variation and revocation of contracting order
Treasurer may vary or revoke a contracting order in writing.
153Y(1) Variation and revocation of contracting order
Treasurer must be satisfied before making a variation under subsection (1)
153Y(2) Variation and revocation of contracting order
competition-and-consumer-act-2010.pdf, p.455
153Z Enforcement of contracting orders
This section applies if the Treasurer has made a contracting order in respect of a body corporate.
153Z(1) Enforcement of contracting orders
This section applies during the time the Treasurer has made a contracting order in respect of a body corporate.
The Treasurer has made a contracting order in respect of a body corporate.
Cognitive inference from condition to conclusion
Commission may apply to Court for an order if body corporate fails to comply with contracting order.
153Z(2) Enforcement of contracting orders
Court may direct body corporate to comply with contracting order.
153Z(3) Enforcement of contracting orders
competition-and-consumer-act-2010.pdf, p.456
Treasurer may apply for divestiture order under certain conditions.
153ZA Treasurer may apply to Federal Court for divestiture order
The application must be made no later than 45 days after the Commission gave the Treasurer the recommendation.
The Treasurer has an obligation to apply for a divestiture order under certain conditions.
The body corporate is identified in the recommendation (in accordance with subparagraph 153S(2)(c)(i) or (iii)).
competition-and-consumer-act-2010.pdf, p.457
153ZB Making of divestiture order
Court may make divestiture order to prevent prohibited conduct
153ZB(1) Making of divestiture order
order is a proportionate means of preventing prohibited conduct
Court has obligation to prevent prohibited conduct
Court has permission to make divestiture order
Divestiture order classifies as obligation to prevent prohibited conduct
Divestiture order subclassifies as obligation to prevent prohibited conduct
Divestiture order implies obligation to prevent prohibited conduct
Order body corporate to dispose of interests in securities or assets, subject to certain conditions.
153ZB(2) Making of divestiture order
The Court may order the body corporate...
Temporal interval: Order made before disposal of interests
(2) If the body corporate is not an authority...
Implication of conditions on disposal of interests
Cognitive processing of obligations and conditions
Dispose of interests in securities or assets, subject to certain conditions.
Diffusion of obligations to related bodies corporate
(a) dispose of interests in securities or assets
Order body corporate to dispose of interests in securities or assets.
153ZB(3) Making of divestiture order
competition-and-consumer-act-2010.pdf, p.461
153ZC Acquisition of property
This section applies to certain provisions of the Act.
153ZC(1) Acquisition of property
Section applies to specified provisions.
Provision has no effect if it results in the acquisition of property on just terms.
153ZC(2) Acquisition of property
153ZD No orders under subsection 76(1) against certain individuals
No orders under subsection 76(1) against certain individuals
153ZD(1) No orders under subsection 76(1) against certain individuals
Exclusion of certain individuals from coverage under this section.
153ZD(2) No orders under subsection 76(1) against certain individuals
Individual is not a director, secretary or senior manager (within the meaning of the Corporations Act 2001) on the day of commencement
Individual is not a director, secretary or senior manager
competition-and-consumer-act-2010.pdf, p.491
154 Simplified outline
competition-and-consumer-act-2010.pdf, p.492
154A Definitions
competition-and-consumer-act-2010.pdf, p.494
154B Appointment of inspectors
Chairperson may appoint a staff member as an inspector.
154B(1) Appointment of inspectors
Chairperson must ensure inspector has suitable qualifications and experience.
154B(2) Appointment of inspectors
...inspector has suitable qualifications and experience.
154B(3) Appointment of inspectors
Inspector has a duty to follow Chairperson's directions.
Inspector must follow Chairperson's directions to comply.
Inspector follows Chairperson's directions when complying.
154C Identity cards
154C(1) Identity cards
Identity card must contain specific information and photograph.
154C(2) Identity cards
Cease returning identity card to Chairperson within a timeframe.
154C(3) Identity cards
...cease to be an inspector; and...cease to return the identity card.
Prohibition of not returning identity card.
154C(4) Identity cards
154C(5) Identity cards
Must carry identity card at all times when exercising powers or performing functions as an inspector.
154C(6) Identity cards
Inspector must produce identity card upon request
154C(7) Identity cards
competition-and-consumer-act-2010.pdf, p.496
154D Entry with consent
154D(1) Entry with consent
Inspection overlaps with evidential material presence.
Temporal overlap between inspection and evidential material presence
(a) the Commission, the Chairperson or a Deputy Chairperson has reasonable grounds for suspecting that there may be evidential material on the premises;
The occupier consents to enter the premises.
(b) the inspector obtains the consent of the occupier of the premises to enter the premises;
Recurring trace of inspection and occupier consent
Inspector may be accompanied by assistants with consent.
154D(2) Entry with consent
Inform person of right to refuse consent before obtaining consent.
154D(3) Entry with consent
Inspector must inform person before obtaining consent.
Consent must be voluntary for this section to apply.
154D(4) Entry with consent
154E Powers in relation to premises
Inspectors and assistants have the obligation to search premises, make copies of evidential material, operate electronic equipment, remove evidential material with consent, secure it pending a warrant, and take equipment onto premises.
154E(1) Powers in relation to premises
Inspectors and assistants have the obligation to perform these actions.
Inspector must inform person of purpose and obtain voluntary consent before removing evidential material.
154E(2) Powers in relation to premises
competition-and-consumer-act-2010.pdf, p.497
154F Operation of electronic equipment at premises
Inspection personnel may only access data if it is evidential material.
154F(1) Operation of electronic equipment at premises
Temporal interval for inspection personnel's access to data
(a) an inspector or an assistant enters premises under this Division;
Knowledge representation for inspection personnel's access to data
(a) an inspector or an assistant enters premises under this Division; and (b) he or she believes on reasonable grounds that any data accessed by operating electronic equipment at the premises (including data not held at the premises) might constitute evidential material;
Prohibition of accessing non-evidential data
(b) he or she believes on reasonable grounds that any data accessed by operating electronic equipment at the premises (including data not held at the premises) might constitute evidential material;
Recurring trace for inspection personnel's access to data
Allow operation of equipment at premises for data conversion
154F(2) Operation of electronic equipment at premises
competition-and-consumer-act-2010.pdf, p.499
154G The things that are authorised by a search warrant
Authorises executing officer to enter premises, search, seize, make copies, operate equipment, and use equipment for specified purposes.
154G(1) The things that are authorised by a search warrant
Describes the scope of permitted actions.
Taking photographs or video recordings with written consent of the occupier.
154G(1A) The things that are authorised by a search warrant
Temporary cessation of search warrant execution for not more than one hour.
154G(1B) The things that are authorised by a search warrant
competition-and-consumer-act-2010.pdf, p.500
154GA Removing things for examination or processing
Move thing for examination or processing with reasonable grounds and consent.
154GA(1) Removing things for examination or processing
(1) A thing found at the premises may be moved...
Information about address and time, Presence of occupier or representative.
Inform occupier and allow presence during examination or processing.
154GA(2) Removing things for examination or processing
Obligation to inform and allow presence.
Temporary relocation for examination or processing
154GA(3) Removing things for examination or processing
Executive officer may request extension of time for examination or processing.
154GA(4) Removing things for examination or processing
The occupier is entitled to be heard in relation to the application.
154GA(5) Removing things for examination or processing
Magistrate may order extension for examination or processing
154GA(6) Removing things for examination or processing
Magistrate obligation to order extension
competition-and-consumer-act-2010.pdf, p.501
Prohibition on operating electronic equipment at premises with a search warrant in force
154H Operation of electronic equipment at premises
Describes temporal relationship between search warrant and operation of electronic equipment
(1) If: (a) a search warrant is in force in relation to premises; and (b) the executing officer or an officer assisting believes on reasonable grounds that any data accessed by operating electronic equipment at the premises...
Prohibits operating electronic equipment at premises with a search warrant in force
competition-and-consumer-act-2010.pdf, p.503
154J Securing electronic equipment for use by experts
Executing officer must secure electronic equipment if necessary to prevent destruction or alteration of evidence.
154J(1) Securing electronic equipment for use by experts
Executing officer's inaction would result in destruction or alteration of evidence.
Executing officer must take action to secure the equipment before the evidence may be destroyed or altered.
If he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;
Executing officer has a duty to secure the equipment.
Securing electronic equipment implies a duty on the part of the executing officer.
The kind of evidential material specified in the warrant may be accessible by operating electronic equipment at the premises.
Executing officer must take action to secure the equipment.
Executing officer has a duty to secure electronic equipment.
Reasonable grounds exist that evidence may be destroyed or altered if not secured.
Executing officer is authorized to take action to secure the equipment.
Executing officer has permission to take action to secure electronic equipment if necessary.
Securing electronic equipment is a prerequisite for executing the search warrant.
Securing electronic equipment is a necessary step in executing a search warrant.
Notify occupier of intention to secure equipment for up to 24 hours.
154J(2) Securing electronic equipment for use by experts
The executing officer or officer assisting must give notice...
Equipment may be secured for up to 24 hours or until operated by expert.
154J(3) Securing electronic equipment for use by experts
competition-and-consumer-act-2010.pdf, p.504
Authorises assistance in executing a search warrant
154K Authorisation of officers assisting
Executing officer may obtain assistance and use force as necessary and reasonable in circumstances.
154L Availability of assistance and use of force in executing a search
Executing officer has a duty to obtain assistance and use force as necessary and reasonable in circumstances.
competition-and-consumer-act-2010.pdf, p.505
154M Announcement before entry
Announcement before entry into premises under a search warrant.
154M(1) Announcement before entry
Temporal interval for announcement requirement.
(1) MUST (a) ANNOUNCE AUTHORIZATION TO ENTER PREMISES; AND (b) GIVE ANY PERSON AT THE PREMISES AN OPPORTUNITY TO ALLOW ENTRY INTO THE PREMISES.
Must announce authorization to enter premises.
Must give opportunity to allow entry into premises.
Recurring trace for announcement requirement.
Executing officer may deviate from subsection (1) under certain circumstances.
154M(2) Announcement before entry
Obligation to comply with subsection (1) suspended
Deviation may occur at a specific time or interval
Executing officer's decision is inferred from reasonable grounds
Executing officer may deviate from subsection (1)
Executing officer believes on reasonable grounds
Deviation may recur under similar circumstances
Must provide occupier with a copy of warrant or form of warrant.
154N Details of warrant to be given to occupier
154P Occupier entitled to observe search being conducted
Right of occupier to observe search being conducted.
154P(1) Occupier entitled to observe search being conducted
The occupier is entitled to observe the search being conducted.
Occupier's right to observe search ends if they impede the search.
154P(2) Occupier entitled to observe search being conducted
Prohibits occupier from observing search if they impede it.
Must provide reasonable facilities and assistance for search warrant execution.
154Q Occupier to provide reasonable facilities and assistance
154R Answering of questions or producing evidential material
Require person to answer questions or produce evidential material
154R(1) Answering of questions or producing evidential material
154R(2) Answering of questions or producing evidential material
Must answer questions or produce evidential material despite potential incrimination
154R(3) Answering of questions or producing evidential material
Answering questions or producing evidence is a required action despite potential consequences
Must answer questions or produce evidential material
Knowledge of potential incrimination does not excuse answering questions or producing evidence
For all individuals, there exists a material that must be produced despite potential incrimination
Answer must be provided in certain circumstances
154R(4) Answering of questions or producing evidential material
competition-and-consumer-act-2010.pdf, p.507
154RA Person with computer knowledge to assist access etc.
The executing officer may require a specified person to provide information or assistance.
154RA(1) Person with computer knowledge to assist access etc.
The officer requires the person to provide information.
Magistrate may grant order to access computer if certain conditions met.
154RA(2) Person with computer knowledge to assist access etc.
Magistrate must be satisfied with conditions
Breach of order results in imprisonment for 6 months.
154RA(3) Person with computer knowledge to assist access etc.
Defines a temporal interval for the commencement of imprisonment.
Penalty for a contravention of this subsection:
Prohibits conduct that breaches an order.
competition-and-consumer-act-2010.pdf, p.508
154S Copies of seized things to be provided
Must provide a copy of seized documents or information to the occupier upon request.
154S(1) Copies of seized things to be provided
Provide copies of seized things under certain conditions.
154S(2) Copies of seized things to be provided
Obligation to provide copies of seized things.
154T Receipts for things seized or moved under warrant
Must provide a receipt for things seized or moved under warrant.
154T(1) Receipts for things seized or moved under warrant
Things seized or moved may be covered in one receipt.
154T(2) Receipts for things seized or moved under warrant
The events of seizing or moving things overlap with the event of covering them in one receipt.
Either things are covered in one receipt or they are not.
154U Return of seized things
Must return seized thing if reason for seizure no longer exists or 120 days have passed.
154U(1) Return of seized things
...whichever first occurs, unless the thing is forfeited or forfeitable to the Commonwealth...
(b) the period of 120 days after its seizure ends;
(1) Subject to any contrary order of a court, if a person (the seizer)...
...unless the thing is forfeited or forfeitable to the Commonwealth...
Must not forfeit or forfeitable seized thing.
Must return seized thing if reason for seizure no longer exists.
(a) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence;
Seizure must be returned within 120 days.
Return seized thing within 120 days or face legal consequences.
154U(2) Return of seized things
Seizer must take reasonable steps to return the thing
competition-and-consumer-act-2010.pdf, p.509
154V Magistrate may permit a thing to be retained
Magistrate may permit a thing to be retained for a further period under certain conditions.
154V(1) Magistrate may permit a thing to be retained
Thing may be retained for a further period during 120 days after seizure or previously specified period.
The provision specifies a temporal interval during which the magistrate may grant permission.
120 days after seizure or previously specified period.
Inspector may apply to magistrate for further order if proceedings have not commenced.
The provision specifies an action that must be taken by the inspector after the magistrate's permission is granted.
Inspector applies to magistrate for order.
Thing may be retained for a further period.
Magistrate may permit a thing to be retained.
Thing may be retained for a further period if proceedings have not commenced.
The provision specifies a condition under which the magistrate's permission is granted if certain conditions are met.
Proceedings in respect of which the thing may afford evidence have not commenced.
Thing may be retained for a further period until before end of 120 days after seizure or previously specified period.
The provision specifies a temporal interval until which the magistrate's permission is valid.
Before end of 120 days after seizure or previously specified period.
154V(2) Magistrate may permit a thing to be retained
Magistrate has discretion to permit retention
competition-and-consumer-act-2010.pdf, p.510
Dispose of thing if owner cannot be located
154W Disposal of things if there is no owner or owner cannot be
154X Issue of search warrants
An inspector may apply to a magistrate for a warrant under this section in relation to premises.
154X(1) Issue of search warrants
Magistrate must issue warrant if satisfied with reasonable grounds.
154X(2) Issue of search warrants
The magistrate MUST ISSUE THE WARRANT WITHIN 72 HOURS.
Magistrate must consider evidence within a specific time interval.
(2) The magistrate may issue the warrant if there may be evidential material on the premises within the next 72 hours.
The magistrate SHOULD ISSUE THE WARRANT BASED ON REASONABLE GROUNDS.
Magistrate's decision to issue warrant is based on reasonable grounds.
(2) The magistrate may issue the warrant if...
The magistrate MUST issue the warrant if...
(2) The magistrate may issue the warrant...
The magistrate has REASONABLE GROUNDS to suspect evidence.
Magistrate must have reasonable grounds to suspect evidence.
(2) The magistrate may issue the warrant if the magistrate is satisfied,...
The magistrate MUST issue the warrant IF THERE MAY BE EVIDENTIAL MATERIAL WITHIN 72 HOURS.
Magistrate must consider evidence within 72 hours.
Magistrate must provide additional information before issuing a warrant.
154X(3) Issue of search warrants
Magistrate must provide additional information.
154X(4) Issue of search warrants
Requires specific information to be stated in the warrant
competition-and-consumer-act-2010.pdf, p.512
154Y Search warrants by telephone, fax etc.
Inspector may apply for warrant by telephone, fax or other electronic means.
154Y(1) Search warrants by telephone, fax etc.
Court must be satisfied that power was authorised by this section.
154Y(10) Search warrants by telephone, fax etc.
Magistrate may require voice communication during search warrant issuance.
154Y(2) Search warrants by telephone, fax etc.
Specifies the temporal relationship between voice communication and search warrant issuance.
(2) The magistrate may require communication by voice to the extent that it is practicable in the circumstances.
Suggests that voice communication is necessary for effective search warrant issuance.
Suggests that AI can assist with voice communication during search warrant issuance.
Describes how voice communication is disseminated during search warrant issuance.
Inspection must prepare information before applying for warrant.
154Y(3) Search warrants by telephone, fax etc.
Magistrate must issue warrant if grounds are reasonable
154Y(4) Search warrants by telephone, fax etc.
Inform applicant of warrant terms, signing day, and expiration date.
154Y(5) Search warrants by telephone, fax etc.
Inform applicant of warrant terms and signing day
(5) If the magistrate completes and signs the warrant, the magistrate must inform the applicant...
Applicant must complete a form of warrant in the same terms as the warrant completed and signed by the magistrate.
154Y(6) Search warrants by telephone, fax etc.
Applicant must send information to magistrate within a day after warrant expiry or execution.
154Y(7) Search warrants by telephone, fax etc.
154Y(8) Search warrants by telephone, fax etc.
Authority for same powers as warrant signed by magistrate
154Y(9) Search warrants by telephone, fax etc.
same time period as the warrant signed by the magistrate.
(9) A form of warrant duly completed under subsection (6)
authority for the same powers as are authorised by the warrant signed by the magistrate.
competition-and-consumer-act-2010.pdf, p.514
154Z Offences relating to warrants
Inspection must not make false or misleading statements in warrant applications.
154Z(1) Offences relating to warrants
Inspection must not make false or misleading statements.
Inspection must not state or purport certain information about warrants.
154Z(2) Offences relating to warrants
Inspection must not perform certain actions.
Inspector has a duty to follow procedures.
Text states inspector must not perform certain actions.
competition-and-consumer-act-2010.pdf, p.515
154ZA Powers conferred on magistrates
Magistrate must accept power conferred by Division.
154ZA(1) Powers conferred on magistrates
Protection and immunity for magistrates exercising powers
154ZA(2) Powers conferred on magistrates
Protection and immunity applies during exercise of power
competition-and-consumer-act-2010.pdf, p.516
Permission to operate electronic equipment under reasonable grounds.
154ZB Operation of electronic equipment at premises
154ZC Compensation for damage to electronic equipment
Compensation for damage to electronic equipment when certain conditions are met.
154ZC(1) Compensation for damage to electronic equipment
Insufficient care was exercised in selecting the person who was to operate the equipment.
Insufficient care was exercised by the person operating the equipment.
Commonwealth must pay reasonable compensation for damage to electronic equipment.
154ZC(2) Compensation for damage to electronic equipment
Owner/user may institute proceedings for compensation if Commonwealth fails to agree.
154ZC(3) Compensation for damage to electronic equipment
Occupier must provide warning or guidance on equipment operation.
154ZC(4) Compensation for damage to electronic equipment
Occupier has an obligation to provide warning or guidance.
Compensation is payable out of money appropriated by the Parliament.
154ZC(5) Compensation for damage to electronic equipment
Defines damage by erasure or addition of data
154ZC(6) Compensation for damage to electronic equipment
damage includes damage by erasure or addition
data includes damage by erasure or addition
competition-and-consumer-act-2010.pdf, p.518
The Commission must respond to a designated complaint within 90 days.
154ZD Simplified outline of this Part
Definitions for designated complaints determination and entity
154ZE Definitions
competition-and-consumer-act-2010.pdf, p.520
154ZF Designated complaints
Designated complainant may make a complaint under this section to the Commission.
154ZF(1) Designated complaints
Complaint must be in writing and meet specific requirements.
154ZF(2) Designated complaints
Designated complaints start from the day they meet requirements.
154ZF(3) Designated complaints
(3) The complaint is a designated complaint starting from the day it meets the requirements mentioned in subsection (2).
154ZG Commission to respond by giving notice
Notice under subsection 154ZH(1) or further action to deal with complaint.
Commission must respond to designated complaint within 90 days.
154ZG(1) Commission to respond by giving notice
Ceasing to be a designated complainant prevents the complaint from being made.
154ZG(2) Commission to respond by giving notice
competition-and-consumer-act-2010.pdf, p.521
154ZH Notice—no further action on complaint
Commission must give notice to complainant under certain conditions.
154ZH(1) Notice—no further action on complaint
Commission must be satisfied that complaint meets certain requirements.
154ZH(2) Notice—no further action on complaint
(2) This subsection applies if the Commission is not satisfied that the complaint:
Complaint does not meet other content requirements
No further action on complaint if Commission is not satisfied
154ZH(3) Notice—no further action on complaint
Commission must take further action on complaint if certain conditions are met.
154ZH(4) Notice—no further action on complaint
competition-and-consumer-act-2010.pdf, p.522
Notice must set out a summary of the complaint, reasons for Commission's decision, and which subsections apply.
154ZJ Notice—no further action on complaint—contents
Must provide notice with specified information.
competition-and-consumer-act-2010.pdf, p.523
154ZK Notice—further action to deal with complaint
Commission may give notice to designated complainant under certain conditions.
154ZK(1) Notice—further action to deal with complaint
Designated complainant must receive notice
The notice must set out a summary of the complaint and the actions the Commission proposes to take in response.
154ZK(2) Notice—further action to deal with complaint
Commission must take further action within 6 months after notice.
154ZK(3) Notice—further action to deal with complaint
Commission's satisfaction is a condition for exemption from subsection (3)
154ZK(4) Notice—further action to deal with complaint
Commission's satisfaction implies exemption from subsection (3)
Commission must notify entity of complaint
154ZK(5) Notice—further action to deal with complaint
competition-and-consumer-act-2010.pdf, p.524
154ZL Replacement notices
Commission may replace a notice under subsection 154ZK(1) with another notice.
154ZL(1) Replacement notices
replacement notice with specified matters
Commission must give replacement notice to designated complainant
154ZL(2) Replacement notices
Commission must give notice to designated complainant.
154ZL(3) Replacement notices
154ZM Withdrawal of complaint
Entity may withdraw complaint even if ceased to be designated complainant.
154ZM(1) Withdrawal of complaint
Entity must be notified of withdrawn complaint
154ZM(2) Withdrawal of complaint
The Commission must notify the entity in writing that the complaint has been withdrawn.
Cease applying sections 154ZG and 154ZH in relation to the withdrawn complaint.
154ZM(3) Withdrawal of complaint
Cease applying sections 154ZG and 154ZH.
Designated complaint continues to be applicable
154ZM(4) Withdrawal of complaint
The complaint remains applicable during the withdrawal period
Temporal overlap between withdrawal and applicability
(4) The withdrawn complaint continues to be a designated complaint (including subsection 154ZF(3) and paragraph 171(3)(dd))
The complaint remains applicable in the affected areas
Applicability inference through withdrawal
(4) The withdrawn complaint continues to be a designated complaint
Applicability propagates through withdrawal
The complaint remains applicable in the future
Recurring trace of applicability despite withdrawal
competition-and-consumer-act-2010.pdf, p.525
Commission must provide notice under certain circumstances.
154ZN Publication requirements
competition-and-consumer-act-2010.pdf, p.527
154ZP Application for approval as designated complainant
Application for approval as designated complainant
154ZP(1) Application for approval as designated complainant
States and Territories cannot apply under subsection (1)
154ZP(2) Application for approval as designated complainant
Application must be made in writing, according to approved form and within a prescribed period.
154ZP(3) Application for approval as designated complainant
Application must be made within a prescribed period
Prescribes period and start/end dates for designated complaints determination
154ZP(4) Application for approval as designated complainant
Applicant may withdraw application before decision is made.
154ZP(5) Application for approval as designated complainant
Withdrawal of application does not create a new event.
154ZP(6) Application for approval as designated complainant
competition-and-consumer-act-2010.pdf, p.528
154ZQ Minister may grant approval
Minister may grant approval under certain conditions.
154ZQ(1) Minister may grant approval
Minister has the power to grant approval
Minister must consider experience and ability of applicant in representing consumer interests.
154ZQ(2) Minister may grant approval
(a) the experience and ability of the applicant in representing the interests of consumers or small businesses (or both) in Australia in relation to a range of market issues that affect them;
Minister must consider experience and ability of applicant.
(2) For the purposes of being satisfied that it is appropriate to grant the approval, the Minister must have regard to the following matters:
Minister may consider other prescribed matters.
(c) any other matter prescribed under paragraph (4)(a).
(b) the extent to which the Minister is satisfied that the applicant will, if approved as a designated complainant, act with integrity in connection with being a designated complainant;
Minister may consider relevant matters when granting approval.
154ZQ(3) Minister may grant approval
Minister may grant approval for designated complainants
154ZQ(4) Minister may grant approval
Minister cannot grant approval if it would exceed the limit of designated complainants.
154ZQ(5) Minister may grant approval
Approval must be granted before the limit is exceeded
Approval must be granted within a specific time frame
Limit prescribed in designated complaints determination
competition-and-consumer-act-2010.pdf, p.529
154ZR Conditions in approval
Approval may be subject to conditions if Minister is satisfied.
154ZR(1) Conditions in approval
Must have regard to specified matters when approving conditions.
154ZR(2) Conditions in approval
Temporal interval for consideration of conditions.
(2) For the purposes of being satisfied that the conditions are appropriate, the Minister:
Obligation to consider specified matters.
Permission to consider additional specified matters.
154ZR(3) Conditions in approval
Minister must provide Commission with notice copy upon request.
154ZR(4) Conditions in approval
Minister must provide Commission with notice copy.
154ZS Contents of approval
competition-and-consumer-act-2010.pdf, p.530
154ZT Notice of decision on application for approval
Notice of decision and copy of approval (if granted)
Minister must notify applicant of decision on approval application.
154ZT(1) Notice of decision on application for approval
The Minister must give the applicant notice of the decision.
Must provide notice to Commission and publish on website after granting approval.
154ZT(2) Notice of decision on application for approval
154ZU Variation or revocation of approval
Application for variation or revocation of approval
154ZU(1) Variation or revocation of approval
Application must be in writing and approved form.
154ZU(2) Variation or revocation of approval
Designated complainant may withdraw application if Minister has not decided it.
154ZU(3) Variation or revocation of approval
Designated complainant may withdraw application.
Withdrawal of application results in no approval ever being made.
154ZU(4) Variation or revocation of approval
competition-and-consumer-act-2010.pdf, p.531
154ZV Minister may vary or revoke approval
Minister may vary or revoke approval under certain conditions.
154ZV(1) Minister may vary or revoke approval
Minister has the power to vary or revoke approval.
Variation or revocation of approval is allowed under certain conditions.
154ZV(2) Minister may vary or revoke approval
Temporal interval for variation or revocation.
(2) Paragraphs (1)(a) and (b) do not apply if: (a) the variation or revocation is in accordance with an application under subsection 154ZU(1); or (b) in the case of a variation—the Minister is satisfied that the variation is of a minor or technical nature.
Classification for variation or revocation.
Allows variation or revocation of approval.
Temporal trace for variation or revocation.
Minister's discretion to vary or revoke approval
154ZV(3) Minister may vary or revoke approval
(3) For the purposes of being satisfied that it is appropriate to make the variation or revocation, the Minister may have regard to the following matters:
Mandatory consideration of specific matters
(a) any matter mentioned in subsection 154ZQ(2) or (3);
Minister must notify designated complainant of proposed variation or revocation of approval.
154ZV(4) Minister may vary or revoke approval
Minister has an obligation to notify the designated complainant.
Notice must set out reasons for proposed variation or revocation.
154ZV(5) Minister may vary or revoke approval
competition-and-consumer-act-2010.pdf, p.532
Details of variation or revocation of approval must be specified.
154ZW Contents of variation or revocation of approval
154ZX Notice of decision on application for variation or revocation
notice of decision, copy of variation or revocation
Minister must give notice of decision to designated complainant
154ZX(1) Notice of decision on application for variation or revocation
Notice of decision, publication on website
Must notify Commission and publish on website after varying or revoking approval
154ZX(2) Notice of decision on application for variation or revocation
Obligation to notify Commission and publish on website
competition-and-consumer-act-2010.pdf, p.534
154ZY Delegation
Delegation of powers or functions to the Secretary or SES employee
154ZY(1) Delegation
Delegate must comply with written directions of the Minister.
154ZY(2) Delegation
The Minister may make a determination prescribing matters required or permitted by this Part.
154ZZ Designated complaints determination
competition-and-consumer-act-2010.pdf, p.535
155 Power to obtain information, documents and evidence
Requires a person to provide information, produce documents, or give evidence.
155(1) Power to obtain information, documents and evidence
Specifies the time frame for providing information.
within the time and in the manner specified in the notice
Matter must be a matter that constitutes or may constitute a contravention of the Act or other laws.
155(2) Power to obtain information, documents and evidence
...a contravention of this Act; or Division 4B of Part 3.3 of the Radiocommunications Act 1992; or any of the terms of an undertaking under section 87B of this Act or under section 218 of the Australian Consumer Law.
Matter must be a matter that constitutes or may constitute a contravention.
(2) For the purposes of subsection (1), the matter must be...
competition-and-consumer-act-2010.pdf, p.549
Commission, Chairperson or Deputy Chairperson must obtain information or documents from a person.
155A Power to obtain information and documents in New Zealand
Duty to provide information or documents.
competition-and-consumer-act-2010.pdf, p.548
155AA Protection of Part VB information
Commission official must not disclose protected information except under certain circumstances.
155AA(1) Protection of Part VB information
Prohibition on disclosure of protected information
Commission official must not disclose protected Part VB information when performing a function of the Commission described in section 28.
155AA(2) Protection of Part VB information
Definition of Commission official and protected Part VB information
155AA(3) Protection of Part VB information
a person referred to in subsection 27(1); or a person engaged under section 27A.
Class hierarchy for Commission officials
Commission official means a member, or associate member, of the Commission;
or information that was obtained by the Commission under section 75AY before its repeal by item 32 of Schedule 1 to the Statute Stocktake (Regulatory and Other Laws) Act 2009.
Class hierarchy for protected Part VB information
protected Part VB information means information that was obtained by the Commission under Part XID or section 155;
competition-and-consumer-act-2010.pdf, p.550
155B Australian Competition and Consumer Commission may
Must provide information or document to Australian Competition and Consumer Commission upon request from New Zealand Commerce Commission.
155B(1) Australian Competition and Consumer Commission may
Obligation to provide information or document.
Request from New Zealand Commerce Commission.
Must transmit information to New Zealand Commerce Commission
155B(2) Australian Competition and Consumer Commission may
Prohibition on contravening a notice under section 98H of the Commerce Act 1986 of New Zealand.
155B(3) Australian Competition and Consumer Commission may
...contravene a notice under section 98H of the Commerce Act 1986 of New Zealand.
...furnish information that is false or misleading in a material partical.
Prohibition on knowingly furnishing false or misleading information.
...knowingly furnish information that is false or misleading in a material partical.
Defendant bears evidential burden in relation to reasonable excuse.
155B(3A) Australian Competition and Consumer Commission may
Must provide information or document under notice without claiming privilege against self-incrimination.
155B(4) Australian Competition and Consumer Commission may
Must provide information or document under notice.
The Crown is bound by this section in all its capacities.
155B(5) Australian Competition and Consumer Commission may
This section applies in and outside Australia.
155B(6) Australian Competition and Consumer Commission may
Section applies to the specified conditions
competition-and-consumer-act-2010.pdf, p.552
156 Inspection of documents by Commission
Inspect documents produced in pursuance of a notice under section 155 or 155A.
156(1) Inspection of documents by Commission
Commission may take possession of a document for inspection purposes.
156(2) Inspection of documents by Commission
Commission must permit inspection and copying of documents
156(3) Inspection of documents by Commission
Commission must provide documents to corporations or persons upon request.
157 Disclosure of documents by Commission
competition-and-consumer-act-2010.pdf, p.555
157A Disclosure of energy-related information by Commission
Disclosure of energy-related information by Commission
157A(1) Disclosure of energy-related information by Commission
Use of information for performance of AER's functions or exercise of powers
157A(2) Disclosure of energy-related information by Commission
competition-and-consumer-act-2010.pdf, p.556
157AA Disclosure of CDR-related information by Commission
Disclosure of CDR-related information by Commission
157AA(1) Disclosure of CDR-related information by Commission
Must only use information for specified purposes and under conditions.
157AA(2) Disclosure of CDR-related information by Commission
Must only use information for specified purposes.
Disclosure of CDR-related information to authorized personnel.
157AA(2A) Disclosure of CDR-related information by Commission
Must use CDR-related information only for specified purposes and in accordance with conditions.
157AA(2B) Disclosure of CDR-related information by Commission
for a purpose connected with the performance of the functions, or the exercise of the powers, referred to in paragraph (2A)(b); and in accordance with any conditions imposed under subsection (4).
Mandatory use of CDR-related information
The Secretary or a person mentioned in paragraph (2A)(b) must only use the information.
Disclosure of CDR-related information to certain agencies
157AA(3) Disclosure of CDR-related information by Commission
competition-and-consumer-act-2010.pdf, p.558
157B Disclosure of protected cartel information to a court or
Protection of protected cartel information from disclosure to courts or tribunals without leave.
157B(1) Disclosure of protected cartel information to a court or
...except with the leave of the court or tribunal.
(1) The Commission or a Commission official is not to be required...
Knowledge representation for protected cartel information
Commission or a Commission official is not to be required...
Diffusion of protected cartel information
Court or tribunal must consider certain matters when granting leave under subsection (1)
157B(2) Disclosure of protected cartel information to a court or
...must have regard to the following matters:
Prohibition on using protected cartel information in other proceedings
157B(3) Disclosure of protected cartel information to a court or
...the document or information must not be adduced in other proceedings...
Restricts the use of protected cartel information to specific time periods
(3) If a document is produced; or information is disclosed;
Prohibits use of protected cartel information
(3) If a document is produced; or information is disclosed; to a court or tribunal...
Restricts the use of protected cartel information to specific circumstances
Limits the use of protected cartel information to specific circumstances
Prohibits use of protected cartel information in other proceedings
competition-and-consumer-act-2010.pdf, p.561
Commission or Commission official not required to disclose protected cartel information in court proceedings.
157C Disclosure of protected cartel information to a party to court
Obligation to disclose protected cartel information
competition-and-consumer-act-2010.pdf, p.564
157D General powers of a court
Court's power to control conduct of proceedings is not affected by sections 157B or 157C.
157D(1) General powers of a court
Court's power to control conduct of proceedings is an obligation.
Court's power to order stay of civil proceeding despite refusal to grant leave under subsection 157B(1)
157D(2) General powers of a court
Stay order—civil proceeding occurs during court's general powers
State can order stay of civil proceeding
State has the power to refuse leave under subsection 157B(1)
Court's general powers are not affected by refusal to grant leave under subsection 157B(1)
Refusal to grant leave under subsection 157B(1) implies court's general powers are not affected
Court's power to order stay of civil proceeding despite refusal to grant leave.
157D(3) General powers of a court
Court must consider certain factors when deciding to order a stay of civil proceeding.
157D(4) General powers of a court
(4) In deciding whether to order a stay of the civil proceeding, the court...
competition-and-consumer-act-2010.pdf, p.565
158 Protection of members of Tribunal, counsel and witnesses
Protection of members of Tribunal, counsel and witnesses
158(1) Protection of members of Tribunal, counsel and witnesses
158(2) Protection of members of Tribunal, counsel and witnesses
has the same protection and immunity as a barrister...
(2) A person appearing before the Tribunal...
Protection of witnesses in civil or criminal proceedings
158(3) Protection of members of Tribunal, counsel and witnesses
158A Proceedings without initiation notice—use of virtual enquiry
Proceedings without initiation notice—use of virtual enquiry
158A(1) Proceedings without initiation notice—use of virtual enquiry
Members of Commission may decide to hold proceedings without initiation notice.
158A(2) Proceedings without initiation notice—use of virtual enquiry
competition-and-consumer-act-2010.pdf, p.567
158B Proceedings with initiation notice—use of virtual enquiry
Use of virtual enquiry in specified proceedings
158B(1) Proceedings with initiation notice—use of virtual enquiry
(1) This section applies to the following (the proceedings):...
Proceedings may be held at physical venues or using virtual enquiry technology.
158B(2) Proceedings with initiation notice—use of virtual enquiry
Use of virtual enquiry technology in proceedings is prohibited
158B(3) Proceedings with initiation notice—use of virtual enquiry
Exclusion of virtual enquiry technology from proceedings
competition-and-consumer-act-2010.pdf, p.568
159 Incriminating answers
Must answer questions or produce documents despite potential incrimination.
159(1) Incriminating answers
Must answer questions or produce documents.
Evidence given by an individual before the Commission is not admissible against the individual in any criminal proceedings, other than certain exceptions.
159(2) Incriminating answers
160 Failure of witness to attend
Failure to attend as a witness is obligatory.
160(1) Failure of witness to attend
160(1A) Failure of witness to attend
The witness's absence meets the condition of subsection (1).
Temporal relationship between attendance and subsection (1)
(1A) Subsection (1) does not apply if the person has a reasonable excuse.
If there is a reasonable excuse, then the witness is not obligated to attend court.
Reasonable excuse implies no obligation to attend
The defendant is related to the matter of providing evidence for the excuse.
Defendant's burden in relation to excuse
A defendant bears an evidential burden in relation to the matters in subsection (1A), see subsection 13.3(3) of the Criminal Code.
Subsection (1) does not apply if the person has a reasonable excuse.
The excuse diffuses the obligation to attend court.
Failure to attend as a witness is prohibited and punishable.
160(2) Failure of witness to attend
Prohibits failure to attend as a witness.
161 Refusal to be sworn or to answer questions
Refusal to be sworn or answer questions is prohibited.
161(1) Refusal to be sworn or to answer questions
Prohibits refusal to be sworn or answer questions.
No obligation to be sworn or answer questions without a reasonable excuse.
161(1A) Refusal to be sworn or to answer questions
competition-and-consumer-act-2010.pdf, p.570
162 Contempt
No insulting, interrupting, or creating disturbance in Tribunal or Commission proceedings.
162(1) Contempt
Prohibition of insulting, interrupting, or creating disturbance.
Contravening subsection (1) is an offence punishable by fine or imprisonment.
162(2) Contempt
competition-and-consumer-act-2010.pdf, p.571
Threatening, intimidating or coercing another person is prohibited.
162A Intimidation etc.
163 Prosecutions
Prosecutions can be brought in any court having jurisdiction.
163(1) Prosecutions
Exclusive jurisdiction of Federal Court over certain criminal matters.
163(2) Prosecutions
competition-and-consumer-act-2010.pdf, p.572
163A Declarations and orders
Institute a proceeding in a court having jurisdiction to hear and determine proceedings under this section seeking the making of a declaration or an order.
163A(1) Declarations and orders
Minister may institute or intervene in proceedings under certain conditions.
163A(1A) Declarations and orders
Allowing Minister to intervene in proceedings
163A(2) Declarations and orders
(2) Subject to subsection (2A), the Minister may institute a proceeding under this section and may intervene in any proceeding instituted otherwise than under this section
Knowledge representation for intervention
(2) Subject to subsection (2A), the Minister may institute a proceeding under this section
Minister cannot institute proceeding seeking declaration or order under Part IV
163A(2A) Declarations and orders
Commission may institute a proceeding in the Court seeking a declaration of the kind that may be made under paragraph (1)(a).
163A(3) Declarations and orders
competition-and-consumer-act-2010.pdf, p.576
165 Inspection of, furnishing of copies of, and evidence of,
Inspection and copying of documents in a register
165(1) Inspection of, furnishing of copies of, and evidence of,
Permission to inspect and copy documents
Request for inspection and copying of documents
165(2) Inspection of, furnishing of copies of, and evidence of,
Exemption from subsection (2) for confidential documents
165(3) Inspection of, furnishing of copies of, and evidence of,
Allows furnishing of confidential documents
Receives certified copies of Commission determinations as evidence.
165(4) Inspection of, furnishing of copies of, and evidence of,
Document purporting to be a copy of a determination is deemed valid unless proven otherwise.
165(5) Inspection of, furnishing of copies of, and evidence of,
Establishes a default assumption about the validity of a document.
Receives certified copies of declarations, determinations, or undertakings as evidence.
165(6) Inspection of, furnishing of copies of, and evidence of,
competition-and-consumer-act-2010.pdf, p.577
166 Certificates as to furnishing of particulars to Commission
Commission must provide certificate to party upon request.
166(1) Certificates as to furnishing of particulars to Commission
Certificate as evidence of furnished particulars
166(2) Certificates as to furnishing of particulars to Commission
competition-and-consumer-act-2010.pdf, p.578
167 Judicial notice
Courts must take judicial notice of certain official signatures and seals.
167(1) Judicial notice
Courts must take judicial notice of certain documents
167(1A) Judicial notice
Court must include certain entities to receive evidence
167(2) Judicial notice
Court includes all persons authorised by law or by consent of parties at some point in time
Temporal interval for receiving evidence
Court includes Federal Court or a court of a State or Territory at some point in time
Court must include all persons authorised by law or by consent of parties
Court includes Federal Court or a court of a State or Territory
Court includes all persons authorised by law or by consent of parties
Includes entities that are courts or persons with authority
Entitlement to participate in proceedings before Commission or Tribunal
170 Legal and financial assistance
competition-and-consumer-act-2010.pdf, p.580
171 Annual report by Commission
Annual report must include a cumulative list of laws authorizing certain actions.
171(2) Annual report by Commission
Annual report must include specific details and information.
171(3) Annual report by Commission
Must provide annual report with specified details.
competition-and-consumer-act-2010.pdf, p.582
171A Charges by the Commission
Commission may charge for supplying material or attending Commission activities.
171A(1) Charges by the Commission
Commission may make a charge for discretionary service
171A(2) Charges by the Commission
Charge application during service provision
(2) Where: (a) the Commission provides a discretionary service for a person; and (b) this Act does not otherwise provide for a charge for the service;
Commission must do prescribed act at person's request
171A(3) Charges by the Commission
Commission has power to do prescribed act
171B Division 3 of Part IIIA does not confer judicial power on the
Prohibits conferral of judicial power on the Commission.
171B(1) Division 3 of Part IIIA does not confer judicial power on the
Division 3 of Part IIIA has no effect during its purported conferral of judicial power.
(1) Division 3 of Part IIIA has no effect to the extent (if any) to which it purports to confer judicial power on the Commission.
Division 3 of Part IIIA implies that it has no effect.
Defines judicial power for Division 3 of Part IIIA
171B(2) Division 3 of Part IIIA does not confer judicial power on the
judicial power means the judicial power of the Commonwealth
competition-and-consumer-act-2010.pdf, p.583
172 Regulations
The Governor-General may make regulations not inconsistent with this Act.
172(1) Regulations
Regulations are permitted by the Governor-General.
Regulations do not apply in relation to the functions of the Tribunal under a State/Territory energy law or a designated Commonwealth energy law.
172(1B) Regulations
172(2) Regulations
competition-and-consumer-act-2010.pdf, p.584
173 Authorisation for the purposes of subsection 51(1)
Specifies authorized persons for primary product ownership
173(1) Authorisation for the purposes of subsection 51(1)
Defines primary products for subsection 51(1)
173(2) Authorisation for the purposes of subsection 51(1)
...primary products means...the bodily produce (including natural increase) of animals.
Defines temporal intervals for primary products
...or (b) crops, whether on or attached to the land or not;
Includes various types of agricultural and horticultural produce
(a) agricultural or horticultural produce...
...or (d) the bodily produce (including natural increase) of animals.
Includes animals and their bodily produce
...including produce that has been subjected to a manufacturing process;
competition-and-consumer-act-2010.pdf, p.586
174 Definitions
Provisions apply in relation to a contract or arrangement made, or an understanding arrived at, before, at or after the commencement time.
175 Giving effect after the commencement time to a cartel provision
Provisions apply to contracts or arrangements made before, at, or after the commencement time.
Section continues to apply despite repeal.
176 Proceedings relating to price-fixing contraventions taking place
Section applies to proceedings both before and after commencement time.
Applicable to proceedings before and after commencement time.
Proceedings (whether instituted before or after the commencement time)
Repeal does not affect applicability of section.
competition-and-consumer-act-2010.pdf, p.587
177 Authorisations in force before the commencement time
Authorisation in force before commencement time
177(1) Authorisations in force before the commencement time
Conditional commencement and effect of authorisation
177(2) Authorisations in force before the commencement time
Requires a relation between identifiable temporal intervals
Allowing variation, revocation or setting aside of subsection 88(1A) authorisation
177(3) Authorisations in force before the commencement time
competition-and-consumer-act-2010.pdf, p.588
178 Notifications in force before the commencement time
Notification requirement before commencement time
178(1) Notifications in force before the commencement time
Conditional commencement and effect of notifications
178(2) Notifications in force before the commencement time
Requires a relation between identifiable temporal intervals for the commencement time and the day of giving the subsection 93AB(1A) notice
Notifications in force before commencement time
178(3) Notifications in force before the commencement time
The subsection 93AB(1A) notice continues in force.
Subsection (2) does not prevent the subsection 93AB(1A) notice from ceasing to be in force in accordance with this Act.
(2) does not prevent (1A) notice from ceasing to be in force
There is a recurring trace of the subsection 93AB(1A) notice.
competition-and-consumer-act-2010.pdf, p.589
Amendments of section 50 apply to acquisitions after schedule commencement
179 Amendments of section 50
competition-and-consumer-act-2010.pdf, p.590
Definitions for amended Act and amending Act.
180 Definitions
Repeal and substitution of definition of competition applies in relation to conduct engaged in at or after commencement time.
181 Amendment of the definition of competition
Exemptions from amendments to section 87 order
182 Orders under section 87
183 Authorisations under section 88
Continues in force and may be dealt with as if granted under section 88 as amended by Schedule 9 to the amending Act.
183(1) Authorisations under section 88
Application for authorisation under section 88 may be made before commencement time.
183(2) Authorisations under section 88
Authorisation granted before commencement time under section 88
183(3) Authorisations under section 88
competition-and-consumer-act-2010.pdf, p.592
Continuation of notices under section 93 after commencement time
184 Notices under section 93
competition-and-consumer-act-2010.pdf, p.593
185 Merger clearances and authorisations
Continuation of former Division 3 clearances and authorisations
185(1) Merger clearances and authorisations
Continue applying Subdivisions A and B of Division 3 of Part VII despite repeal.
185(2) Merger clearances and authorisations
Clearance made under section 95AD overlaps with the commencement time.
The clearance made under section 95AD overlaps with the commencement time.
Clearance made under section 95AD before the commencement time
Clearance is taken to be an authorisation under section 88 that specifies section 50.
The clearance is taken to be an authorisation under section 88 that specifies section 50.
Clearance granted in relation to the application
Continue applying Subdivisions A and B of Division 3 of Part VII
Repeal of Subdivisions A and B of Division 3 of Part VII
Determination refusing to grant clearance diffuses to the application.
The determination refusing to grant clearance diffuses to the application.
Determination made under section 95AM refusing to grant clearance
Clearance comes into force before the commencement time.
The clearance comes into force before the commencement time.
185(3) Merger clearances and authorisations
competition-and-consumer-act-2010.pdf, p.597
186 Application of repeal of subsection 51(3)
Amendment applies in relation to certain licence, assignment or contract
186(1) Application of repeal of subsection 51(3)
Application of repeal of subsection 51(3) to licence, assignment, and contract
186(2) Application of repeal of subsection 51(3)
No acquisition of property on just terms
186(3) Application of repeal of subsection 51(3)
...an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms.
(3) Despite subsections (1) and (2), the amendment does not apply to...
...on just terms within the meaning of that paragraph.
Prohibition on acquiring property without just terms
competition-and-consumer-act-2010.pdf, p.598
Application of amendments made by Part 2 of Schedule 1 to the Treasury Laws Amendment (More Competition, Better Prices) Act 2022.
187 Application of amendments
competition-and-consumer-act-2010.pdf, p.599
Notification made on or after 1 July 2025 triggers Division 3 of Part IVA.
188 Notifications may be made on or after 1 July 2025
189 Requirement to notify
189(1) Requirement to notify
Notify Commission of acquisition within specified timeframe.
189(2) Requirement to notify
Commission grants merger authorisation or advises party to acquisition
Commission's power and function limitations
189(3) Requirement to notify
Excludes giving advice or making decisions
competition-and-consumer-act-2010.pdf, p.600
Annual reports by Commission apply from 30 June 2026.
190 Annual reports by Commission
Amendments apply to acquisitions put into effect after 1 January 2026, with an exception for certain acquisitions.
191 Amendments of section 50
192 Acquisition of property
Acquisition of property: exemptions from just terms
192(1) Acquisition of property
(1) The amendments made by Schedule 1 to the Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024 do not apply in relation to an acquisition if...
(a) apart from this section, the operation of the amendments in relation to the acquisition would result in an acquisition of property from a person otherwise than on just terms;
Invalidity due to constitutional grounds
(b) the acquisition of property would be invalid because of paragraph 51(xxxi) of the Constitution.
Defines terms for acquisition of property
192(2) Acquisition of property
competition-and-consumer-act-2010.pdf, p.601
193 Application of amendments
competition-and-consumer-act-2010.pdf, p.1
Compilation information and notes on amendments, application, saving, transitional provisions, editorial changes, presentational changes, modifications, self-repealing provisions.
27 May 2026
Classifies the text as a descriptive compilation of the Competition and Consumer Act 2010.
competition-and-consumer-act-2010.pdf, p.300
30 September or 31 December.
Competition and Consumer Act 2010