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