competition-and-consumer-act-2010.pdf, p.44
45 Contracts, arrangements or understandings that restrict dealings
Restrict dealings that would substantially lessen competition
45(1) Contracts, arrangements or understandings that restrict dealings
Prohibits actions that would substantially lessen competition
Paragraph (1)(b) applies to contracts or arrangements made before or after the commencement of this section.
45(2) Contracts, arrangements or understandings that restrict dealings
Defines competition in relation to a provision of a contract, arrangement or understanding.
45(3) Contracts, arrangements or understandings that restrict dealings
States the concept of competition is an obligation.
Substantially lessening competition in contracts and arrangements
45(4) Contracts, arrangements or understandings that restrict dealings
Exemptions from section 48 for certain conduct
45(5) Contracts, arrangements or understandings that restrict dealings
competition-and-consumer-act-2010.pdf, p.21
Making or giving effect to a contract with a cartel provision is prohibited.
45AA Simplified outline
The prohibition on making or giving effect to a contract with a cartel provision applies at all times.
Defines a temporal interval for cartel provisions.
A person must not make, or give effect to, a contract, arrangement or understanding that contains a cartel provision.
The prohibition on making or giving effect to a contract with a cartel provision applies to all persons who make or give effect to such contracts.
Recognizes entities involved in cartel provisions.
Prohibits making or giving effect to a contract with a cartel provision.
The prohibition on making or giving effect to a contract with a cartel provision applies in all cases where a person makes or gives effect to such a contract.
Defines a recurring trace for cartel provisions.
The prohibition on making or giving effect to a contract with a cartel provision is validated by the schema for cartel provisions.
45AB Definitions
competition-and-consumer-act-2010.pdf, p.22
Each related body corporate is taken to be a party to the contract, arrangement or understanding.
45AC Extended meaning of party
Obligation to include related parties in contracts
45AD Cartel provisions
A provision of a contract, arrangement or understanding is a cartel provision if certain conditions are met.
45AD(1) Cartel provisions
Provision has the purpose or effect of fixing, controlling, or maintaining prices or discounts.
45AD(2) Cartel provisions
competition-and-consumer-act-2010.pdf, p.29
Disregard this Division in determining expression meanings.
45AE Meaning of expressions in other provisions of this Act
45AF Making a contract etc. containing a cartel provision
Making a contract or arrangement with a cartel provision is an offence.
45AF(1) Making a contract etc. containing a cartel provision
The prohibition applies to contracts, arrangements, and understandings that overlap with each other.
(b) the contract, arrangement or understanding contains a cartel provision.
The prohibition recognizes contracts, arrangements, and understandings that contain cartel provisions as offences.
(a) the person makes a contract or arrangement...
Prohibits making contracts or arrangements with cartel provisions.
The prohibition diffuses to all contracts, arrangements, and understandings that contain cartel provisions.
The prohibition is recurrent and applies to all contracts, arrangements, and understandings that contain cartel provisions.
Knowledge or belief is required for the fault element.
45AF(2) Making a contract etc. containing a cartel provision
Offence punishable by fine not exceeding $100,000,000
45AF(3) Making a contract etc. containing a cartel provision
competition-and-consumer-act-2010.pdf, p.30
45AG Giving effect to a cartel provision
Giving effect to a cartel provision is an offence.
45AG(1) Giving effect to a cartel provision
(1) A person commits an offence if: (a) a contract, arrangement or understanding contains a cartel provision; and (b) the person gives effect to the cartel provision.
Knowledge or belief is required for a penalty to be imposed.
45AG(2) Giving effect to a cartel provision
Knowledge or belief occurs during the imposition of a penalty.
(2) The fault element for paragraph (1)(a) is knowledge or belief.
Knowledge or belief is required to justify a penalty.
Knowledge or belief is a necessary condition.
Knowledge or belief occurs if a penalty is imposed.
Offence punishable by fine not exceeding $100,000,000 or 3 times total value of benefits obtained.
45AG(3) Giving effect to a cartel provision
Imposes a prohibition on committing an offence.
Offence punishable by imprisonment or fine
45AG(4) Giving effect to a cartel provision
...or a fine not exceeding 2,000 penalty units, or both.
Indictable offence for cartel provisions
45AG(5) Giving effect to a cartel provision
An offence against subsection (1) is an indictable offence.
45AG(6) Giving effect to a cartel provision
competition-and-consumer-act-2010.pdf, p.31
45AH Determining guilt
A person may be found guilty of an offence against section 45AF or 45AG even if certain conditions are met.
45AH(1) Determining guilt
No person can be found guilty of an offence against section 45AF or 45AG if all other parties have been acquitted.
45AH(2) Determining guilt
The condition overlaps with the definition of 'guilt'.
All other parties to the contract, arrangement or understanding have been acquitted.
The AI recognizes the condition as a pattern.
No person can be found guilty of an offence against section 45AF or 45AG.
If all parties are acquitted, then no person can be found guilty.
All other parties to the contract have been acquitted.
The condition diffuses to the conclusion.
The condition eventually leads to the conclusion.
competition-and-consumer-act-2010.pdf, p.32
45AI Court may make related civil orders
Making a contract or arrangement with a cartel provision is prohibited.
45AJ Making a contract etc. containing a cartel provision
45AK Giving effect to a cartel provision
Giving effect to a cartel provision is prohibited.
45AK(1) Giving effect to a cartel provision
Prohibits giving effect to a cartel provision.
Applicability of paragraph (1)(a) to contracts or arrangements made before, at, or after the commencement of this section.
45AK(2) Giving effect to a cartel provision
competition-and-consumer-act-2010.pdf, p.33
45AL Conduct notified
Exempts certain provisions from applying to cartel arrangements under specific conditions.
45AL(1) Conduct notified
Evidential burden for relying on subsection (1)
45AL(2) Conduct notified
45AM Cartel provision subject to grant of authorisation
Grant of authorisation required for cartel provision to come into force
45AM(1) Cartel provision subject to grant of authorisation
Evidential burden on a person relying on subsection (1)
45AM(2) Cartel provision subject to grant of authorisation
competition-and-consumer-act-2010.pdf, p.34
45AN Contracts, arrangements or understandings between related
No sections apply to contracts between related bodies corporate.
45AN(1) Contracts, arrangements or understandings between related
45AN(2) Contracts, arrangements or understandings between related
45AO Joint ventures—prosecution
Exempts cartel provisions in joint ventures from certain sections of the Competition and Consumer Act 2010.
45AO(1) Joint ventures—prosecution
...the activity mentioned in paragraph (b) jointly by means of:
Establishes a temporal relationship between the joint venture and its purpose.
(b) the joint venture is for any one or more of...
...the joint venture is for any one or more of the following:
Permits cartel provisions in joint ventures under certain conditions.
(1) Sections 45AF and 45AG do not apply...
...the purpose of substantially lessening competition;
Imposes an obligation on parties to a contract or arrangement to comply with certain conditions.
(c) the joint venture is not carried on for...
Classifies joint ventures into different types based on their purpose.
...the body corporate for the purpose of enabling those parties to carry on...
Classifies the type of joint venture based on its ownership structure.
(e) in a case where subparagraph 4J(a)(ii) applies to...
...their ownership of shares in the capital;
Establishes a recurring trace between the joint venture and its purpose.
Defendant must prove matter on the balance of probabilities to rely on subsection (1)
45AO(2) Joint ventures—prosecution
competition-and-consumer-act-2010.pdf, p.35
Exempts cartel provisions in joint ventures from certain regulations.
45AP Joint ventures—civil penalty proceedings
competition-and-consumer-act-2010.pdf, p.36
45AQ Resale price maintenance
Exempts cartel provisions from sections 45AF, 45AG, 45AJ, and 45AK.
45AQ(1) Resale price maintenance
45AQ(2) Resale price maintenance
competition-and-consumer-act-2010.pdf, p.37
45AR Exclusive dealing
Exempts cartel provisions from certain prohibitions.
45AR(1) Exclusive dealing
45AR(2) Exclusive dealing
Person bears evidential burden in relation to matter
45AR(3) Exclusive dealing
Exempts dual listed company arrangements from cartel provisions
45AS Dual listed company arrangement
competition-and-consumer-act-2010.pdf, p.38
45AT Acquisition of shares or assets
Prohibits application of certain sections to contracts containing cartel provisions for acquiring shares or assets.
45AT(1) Acquisition of shares or assets
Prohibits application of certain sections.
45AT(2) Acquisition of shares or assets
Cartel provision overrides acquisition provisions
45AT(3) Acquisition of shares or assets
Sections 45AF, 45AG, 45AJ and 45AK do not apply
Prohibits application of certain sections in relation to cartel provisions
Cartel provision takes precedence over acquisition provisions
Evidential burden for relying on subsection (3)
45AT(4) Acquisition of shares or assets
competition-and-consumer-act-2010.pdf, p.39
45AU Collective acquisition of goods or services by the parties to a
Exempts sections 45AF, 45AG, 45AJ and 45AK from applying to contracts with cartel provisions.
45AU(1) Collective acquisition of goods or services by the parties to a
Prohibits application of sections 45AF, 45AG, 45AJ and 45AK to contracts with cartel provisions.
Person bears evidential burden to rely on subsection (1)
45AU(2) Collective acquisition of goods or services by the parties to a
competition-and-consumer-act-2010.pdf, p.40
45AV Purportedly putting acquisitions into effect
Reference to putting an acquisition into effect includes a reference to purportedly putting the acquisition into effect.
45AV(1) Purportedly putting acquisitions into effect
Engaging in conduct that would constitute putting an acquisition into effect is considered a purported act of putting an acquisition into effect.
45AV(2) Purportedly putting acquisitions into effect
if the person engages in conduct that, apart from this Division, would constitute putting the acquisition into effect.
The text describes a temporal relationship between two events.
(2) A person purportedly puts into effect an acquisition...
The text describes a condition for something to be considered an obligation.
45AW Commission must be notified of acquisitions
Prohibits failure to notify required acquisitions
competition-and-consumer-act-2010.pdf, p.41
45AX Commission must be notified of material changes of fact in
Commission must be notified of material changes of fact in respect of a notification.
45AX(1) Commission must be notified of material changes of fact in
Notify Commission of material changes of fact
45AX(2) Commission must be notified of material changes of fact in
Commission must be notified of material changes of fact in relation to a public benefit application.
45AX(3) Commission must be notified of material changes of fact in
competition-and-consumer-act-2010.pdf, p.42
Acquisitions stayed must not be put into effect
45AY Stayed acquisitions must not be put into effect
Prohibits putting acquisitions into effect when stayed
competition-and-consumer-act-2010.pdf, p.43
45AZ Conditions must be complied with
Compliance with conditions is required for acquisition to be effective. Must comply with conditions when putting an acquisition into effect.
45AZ(1) Conditions must be complied with
Failure to comply with conditions is a contravention. Providing false or misleading information is prohibited.
45AZ(2) Conditions must be complied with
The acquisition is void by force of this subsection.
Prohibition of providing false or misleading information.
The person knows that, or is reckless as to whether, the information is false or misleading in a material particular.
The person contravenes this section if:...
(a) the person gives information to the Commission or the Tribunal under an acquisitions provision; and (b) the information is false or misleading in a material particular;
(c) the person knows that, or is reckless as to whether, the information is false or misleading in a material particular.
Knowledge of false or misleading information is required for prohibition to apply.
Recklessness is required for prohibition to apply.
competition-and-consumer-act-2010.pdf, p.48
45D Secondary boycotts for the purpose of causing substantial loss
Secondary boycotts for the purpose of causing substantial loss
45D(1) Secondary boycotts for the purpose of causing substantial loss
Defines temporal interval for conduct that hinders or prevents third persons from supplying goods or services
(1) A person must not, in concert with a second person...
Represents conduct as a knowledge representation
Prohibits conduct that hinders or prevents third persons from supplying goods or services
Defines recurring trace for conduct that hinders or prevents third persons from supplying goods or services
Validates schema for conduct that hinders or prevents third persons from supplying goods or services
A person is taken to engage in conduct for a purpose mentioned in subsection (1) if the person engages in the conduct for purposes that include that purpose.
45D(2) Secondary boycotts for the purpose of causing substantial loss
The person is taken to engage in conduct for a purpose mentioned in subsection (1).
competition-and-consumer-act-2010.pdf, p.49
45DA Secondary boycotts for the purpose of causing substantial
Secondary boycotts for the purpose of causing substantial lessening of competition in any market.
45DA(1) Secondary boycotts for the purpose of causing substantial
45DA(2) Secondary boycotts for the purpose of causing substantial
Engagement occurs before the specified purpose.
Conduct includes purposes that include the specified purpose.
Engagement occurs after the specified purpose.
Organisation is liable for conduct in concert with members or officers
45DC Involvement and liability of employee organisations
Conduct in concert overlaps with conduct by members or officers
Members or officers engage in conduct in concert
Organisation has an obligation to provide liability for conduct in concert with members or officers
Members or officers are part of the organisation
competition-and-consumer-act-2010.pdf, p.51
Boycotts permitted for dominant employment purpose
45DD Situations in which boycotts permitted
No contravention of subsection 45D(1) or 45DA(1)
Allows boycotts under specific conditions
Dominant purpose of conduct relates to employment matters
competition-and-consumer-act-2010.pdf, p.54
45E Prohibition of contracts, arrangements or understandings
Prohibition of contracts, arrangements or understandings in supply situations.
45E(1) Prohibition of contracts, arrangements or understandings
Requires overlap between supply and acquisition situations.
(a) a supply situation—in this situation, a person (the first person) has been accustomed, or is under an obligation, to supply goods or services to another person (the second person); or (b) an acquisition situation—in this situation, a person (the first person) has been accustomed, or is under an obligation, to acquire goods or services from another person (the second person).
Requires recognition of supply and acquisition situations.
Requires recurring supply and acquisition situations.
Requires validation of supply and acquisition situations.
Prevents the first person from making a contract or arrangement with an organisation of employees, an officer, or a person acting on behalf of them.
45E(2) Prohibition of contracts, arrangements or understandings
...the proposed contract, arrangement or understanding contains a provision included for the purpose, or for purposes including the purpose, of:
Overlaps with the provision that prevents or hinders the first person from supplying goods or services.
...(a) preventing or hindering the first person from supplying or continuing to supply such goods or services to the second person;
Implies that the first person must not make a contract or arrangement.
(2) In a supply situation, the first person must not make a contract or arrangement...
Prohibits the first person from making a contract or arrangement.
Diffuses the prohibition to prevent the first person from making a contract or arrangement.
Recurring trace with the provision that prevents or hinders the first person from supplying goods or services.
Prevent making contracts, arrangements, or understandings with the organisation that may hinder acquiring goods or services
45E(3) Prohibition of contracts, arrangements or understandings
Prevent making contracts, arrangements, or understandings with the organisation during acquisition period
Prohibition of contracts, arrangements, or understandings during acquisition period
Prevent making contracts, arrangements, or understandings with the organisation
Representation of prohibition in knowledge base
Prohibition of contracts, arrangements, or understandings
competition-and-consumer-act-2010.pdf, p.58
Prohibition on giving effect to certain provisions of contracts or arrangements.
45EA Provisions contravening section 45E not to be given effect
Nothing in section 45D, 45DA, 45DC, 45DD, 45E or 45EA affects the operation of any other provision of this Part.
45EB Sections 45D to 45EA do not affect operation of other
46 Misuse of market power
Must not engage in conduct that has the purpose or effect of substantially lessening competition.
46(1) Misuse of market power
(1) A person who has a substantial degree of power in a market must not...
A person has a substantial degree of power in a market if certain conditions are met.
46(3) Misuse of market power
Consideration of market power constraints when determining degree of power.
46(4) Misuse of market power
...Schedule 1 The Schedule version of Part IV
Consideration of power resulting from supply and acquisition.
(b) regard may be had to the power the first person or bodies corporate have in that market that results from...
...the degree of power that a person (the first person)...
Considering the constraints of market power.
(4) In determining for the purposes of this section...
Must consider the constraints of market power.
Must regard the constraints of market power.
competition-and-consumer-act-2010.pdf, p.60
47 Exclusive dealing
Prohibition on exclusive dealing in trade or commerce
47(1) Exclusive dealing
47(2) Exclusive dealing
...will not, or will not except to a limited extent, acquire goods or services...
Prohibits exclusive dealing for all time
(2) A person (the first person) engages in the practice of exclusive dealing if...
Infers prohibition from exclusive dealing definition
Diffuses prohibition to all persons and places
Refusal to supply goods or services at a particular price
47(3) Exclusive dealing
Temporal overlap between refusal and exclusive dealing
(3) A person (the first person) also engages in the practice of exclusive dealing if the first person refuses: (a) to supply goods or services to a second person; (b) to supply goods or services to a second person at a particular price;
Recognition of exclusive dealing through refusal
Diffusion of exclusive dealing practice through refusal
Recurring refusal as exclusive dealing practice
competition-and-consumer-act-2010.pdf, p.67
48 Resale price maintenance
48(1) Resale price maintenance
A person shall not engage in the practice of resale price maintenance.
(1) A person shall not engage in the practice of resale price maintenance.
Notice requirement for resale price maintenance exemption
48(2) Resale price maintenance
Make or give effect to dual listed company arrangement with purpose of substantially lessening competition.
49 Dual listed company arrangements that affect competition
competition-and-consumer-act-2010.pdf, p.69
50 Prohibition of acquisitions that would result in a substantial
Acquiring shares or assets that would lessen competition is prohibited.
50(1) Prohibition of acquisitions that would result in a substantial
Acquisitions that would result in a substantial lessening of competition are prohibited.
50(3) Prohibition of acquisitions that would result in a substantial
Prohibits acquisitions that would result in a substantial lessening of competition.
Prohibition of acquisitions that would result in a substantial degree of power in a market.
50(3A) Prohibition of acquisitions that would result in a substantial
Overlaps with market references in subsections 46(3) to (8)
(b) a reference in those subsections to a market were a reference to a market (within the meaning of this section).
Prohibits acquisitions that would result in a substantial degree of power in a market.
(3A) Subsections 46(3) to (8) have effect for the purposes of this section as if...
Recurses with market references in subsections 46(3) to (8)
50(3B) Prohibition of acquisitions that would result in a substantial
competition-and-consumer-act-2010.pdf, p.71
51 Exceptions
Exemptions from contravention of Part IV of the Competition and Consumer Act 2010
51(1) Exceptions
(b) anything done in a State, if the thing is specified in, and specifically authorised by:
(1) In deciding whether a person has contravened this Part, the following must be disregarded:
(i) an Act passed by the Parliament of that State; or (ii) regulations made under such an Act;
(c) anything done in the Australian Capital Territory, if the thing is specified in, and specifically authorised by:
Conduct is authorised by a law if specified in a licence or instrument.
51(1A) Exceptions
competition-and-consumer-act-2010.pdf, p.91
This Schedule applies to the extent provided by certain laws.
1 Application of this Schedule
competition-and-consumer-act-2010.pdf, p.410
Broadcasting Legislation Amendment (Digital Radio) Act 2007
1 July 2008 (s 2(1)
competition-and-consumer-act-2010.pdf, p.412
Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009
1 July 2009 (s 2(1)
Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010
1 Mar 2010
competition-and-consumer-act-2010.pdf, p.414
Competition and Consumer Legislation Amendment Act 2011
1 July 2012 (s 2(1)
competition-and-consumer-act-2010.pdf, p.415
1 July 2014 (s 2(1)
competition-and-consumer-act-2010.pdf, p.416
Omnibus Repeal Day (Autumn 2014) Act 2014
1 Jan 2015 (s 2)
competition-and-consumer-act-2010.pdf, p.417
1 July 2016 (s 2(1)
competition-and-consumer-act-2010.pdf, p.419
1 Mar 2019
competition-and-consumer-act-2010.pdf, p.420
1 July 2020 (s 2(1)
competition-and-consumer-act-2010.pdf, p.400
1 May 1986
competition-and-consumer-act-2010.pdf, p.422
Mandatory bargaining code for news and digital platforms
1 Mar 2021
Consequential and Transitional Provisions
1 July 2022 (s 2(1)
competition-and-consumer-act-2010.pdf, p.423
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023
competition-and-consumer-act-2010.pdf, p.424
1 July 2025 (s 2(1)
Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Act 2024
Digital ID (Transitional and Consequential Provisions) Act 2024 commencement
competition-and-consumer-act-2010.pdf, p.425
Consequential and Transitional Provisions No. 1 Act 2024
1 June 2024 (s 2(1)
competition-and-consumer-act-2010.pdf, p.426
Administrative Review Tribunal (Miscellaneous Measures) Act 2025
1 July 2026 (s 2(1)
1 June 1986 (s 2 and gaz
competition-and-consumer-act-2010.pdf, p.401
1 Aug 1989 (s 2(1) and
competition-and-consumer-act-2010.pdf, p.404
Legislation history for Competition and Consumer Act 2010
1 July 1999 (s 2(6))
competition-and-consumer-act-2010.pdf, p.407
1 Oct 2001
1 July 1999 s 2(1)
competition-and-consumer-act-2010.pdf, p.408
1 Apr 2005
competition-and-consumer-act-2010.pdf, p.409
Jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006
Establishes jurisdiction of the Federal Magistrates Court Legislation Amendment Act 2006
competition-and-consumer-act-2010.pdf, p.115
10 Asserting a right to payment
10 Dec
10 June 2020 (s 2(1)
competition-and-consumer-act-2010.pdf, p.421
10 Nov 2020
10 Dec 2024
Conditional commencement on December 11, 2024 (s 2(1) items 2,6)
Requires relation between identifiable temporal intervals for conditional commencement
Classifies the legal effect as Undertaking
No explicit duty, ban conduct, grant permission, or create a right
Requires ordered or recurring trace for conditional commencement
competition-and-consumer-act-2010.pdf, p.399
10 Nov
10 Nov 1977 (s 2)
competition-and-consumer-act-2010.pdf, p.403
10 Apr
10 Apr 1997 (s 2)
10 Sept
Clean Energy Legislation (Carbon Tax Repeal) Act 2014
Asserting a right to payment from another person
10(1) Asserting a right to payment
A person is taken to assert a right to payment from another person
(a) makes a demand for the payment or asserts a present or prospective right to the payment;
(b) threatens to bring any legal proceedings with a view to obtaining the payment;
(c) places or causes to be placed the name of the other person on a list of defaulters or debtors, or threatens to do so, with a view to obtaining the payment;
Asserting an obligation through collection procedures
(d) invokes or causes to be invoked any other collection procedure, or threatens to do so, with a view to obtaining the payment;
Asserting an obligation through documents
(e) sends any invoice or other document that: (i) states the amount of the payment; or (ii) sets out the price of unsolicited goods or unsolicited services; or (iii) sets out the charge for placing, in a publication, an entry or advertisement;
Establishes a presumption of authenticity for invoices and documents
10(2) Asserting a right to payment
Establishes a default assumption about the authenticity of documents
competition-and-consumer-act-2010.pdf, p.199
100 Supplier must provide proof of transaction etc.
Supplier must provide proof of transaction.
100(1) Supplier must provide proof of transaction etc.
Consumer must request proof of transaction from supplier if goods/services cost less than $75.
100(2) Supplier must provide proof of transaction etc.
Supplier supplies goods/services to consumer
Supplier must provide proof of transaction within 7 days.
100(3) Supplier must provide proof of transaction etc.
Supplier must provide proof of transaction etc.
100(4) Supplier must provide proof of transaction etc.
competition-and-consumer-act-2010.pdf, p.200
101 Consumer may request an itemised bill
Consumer has right to request itemised bill from supplier.
101(1) Consumer may request an itemised bill
Consumer has right to request itemised bill.
Itemised bill is a description of the services supplied.
Request for itemised bill must be made within 30 days after services are supplied or consumer receives a bill.
101(2) Consumer may request an itemised bill
Obligation to request itemised bill within 30 days.
Supplier must provide itemised bill within 7 days after request.
101(3) Consumer may request an itemised bill
Supplier cannot charge consumer for itemised bill.
101(4) Consumer may request an itemised bill
Prohibition of charging for itemised bill.
Supplier must ensure itemised bill is transparent.
101(5) Consumer may request an itemised bill
competition-and-consumer-act-2010.pdf, p.201
102 Prescribed requirements for warranties against defects
Prescribes requirements for warranties against defects.
102(1) Prescribed requirements for warranties against defects
Do not give a document evidencing a warranty against defects that does not comply with the requirements.
102(2) Prescribed requirements for warranties against defects
Prohibition of giving a non-compliant warranty document.
Repair, replace, provide again, rectify, or recompense the consumer if goods/services are defective.
Warranty against defects must be unconditional or on specified conditions.
102(3) Prescribed requirements for warranties against defects
Warranty against defects is an obligation.
Goods/services are classified as defective if they do not meet certain criteria.
Repairers must comply with prescribed requirements.
103 Repairers must comply with prescribed requirements
Describes temporal relationship between regulation and notice.
(1) The regulations may prescribe requirements relating to the form and content of notices to be given relating to the repair of goods supplied to a consumer.
competition-and-consumer-act-2010.pdf, p.203
104 Making safety standards for consumer goods and product
The Commonwealth Minister may make a safety standard for consumer goods or product.
104(1) Making safety standards for consumer goods and product
Safety standards for consumer goods and product
104(2) Making safety standards for consumer goods and product
Applies to testing during or after manufacture
(2) Without limiting subsection (1), a safety standard for consumer goods of a particular kind may consist of requirements about the following matters: (a) the performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging of consumer goods of that kind;
(2) Without limiting subsection (1), a safety standard for consumer goods of a particular kind may consist of requirements about the following matters:
Safety standards for product-related services may require specific matters such as supply method, personnel skills, and materials.
104(3) Making safety standards for consumer goods and product
Imposes a duty on the state to establish safety standards.
competition-and-consumer-act-2010.pdf, p.204
106 Supplying etc. consumer goods that do not comply with safety
Supplying non-compliant consumer goods is prohibited.
106(1) Supplying etc. consumer goods that do not comply with safety
(1) A person must not, in trade or commerce, supply consumer goods of a particular kind if:
Prohibits supplying non-compliant consumer goods.
(a) a safety standard for consumer goods of that kind is in force;
Offering consumer goods that do not comply with safety is prohibited.
106(2) Supplying etc. consumer goods that do not comply with safety
Prohibition of offering non-compliant consumer goods.
Subsection (1) prohibits the supply of consumer goods that do not comply with safety.
Persons must not offer non-compliant consumer goods.
Obligation to not offer non-compliant consumer goods.
Subsection (1) imposes an obligation on persons to not offer consumer goods that do not comply with safety.
Persons must impose a pecuniary penalty for contraventions of subsection (1).
Obligation to impose pecuniary penalty for contravention.
Subsection (2) imposes an obligation on persons to impose a pecuniary penalty for contraventions of subsection (1).
Offering non-compliant consumer goods is prohibited.
Recurring trace of offering non-compliant consumer goods.
The offer of non-compliant consumer goods is a recurring trace that violates subsection (1).
Manufacturing, possessing or controlling prohibited consumer goods
106(3) Supplying etc. consumer goods that do not comply with safety
Prohibition of manufacturing, possessing or controlling prohibited consumer goods
Defence for manufacture, possession or control of goods not for export
106(4) Supplying etc. consumer goods that do not comply with safety
Exporting prohibited consumer goods without approval is prohibited.
106(5) Supplying etc. consumer goods that do not comply with safety
Statement of approval particulars must be tabled in Parliament
106(6) Supplying etc. consumer goods that do not comply with safety
The Commonwealth Minister must cause a statement...
106(7) Supplying etc. consumer goods that do not comply with safety
Defines temporal interval for supply of non-compliant goods.
(7) If: (a) a person supplies consumer goods in contravention of this section;
Implies loss or damage for non-compliant goods.
(7) If a person supplies consumer goods in contravention of this section;
Spreads loss or damage for non-compliant goods.
competition-and-consumer-act-2010.pdf, p.206
107 Supplying etc. product related services that do not comply with
Supplying product related services that do not comply with safety standards is prohibited.
107(1) Supplying etc. product related services that do not comply with
Prohibits supplying product related services that do not comply with safety standards.
Offering prohibited product-related services in trade or commerce.
107(2) Supplying etc. product related services that do not comply with
Prohibition of offering prohibited product-related services.
If a person supplies product related services in contravention of this section, and another person suffers loss or damage because of that supply, the other person is taken to have suffered the loss or damage.
107(3) Supplying etc. product related services that do not comply with
Obligation to comply with safety standard
competition-and-consumer-act-2010.pdf, p.207
108 Requirements relating to alternative methods of complying
Safety standard for consumer goods requires alternative methods of complying.
108(1) Requirements relating to alternative methods of complying
Compliance must occur during the effective period of the safety standard.
(a) a safety standard for consumer goods, or product related services, of a particular kind is in force;
Requires compliance with safety standard.
The standard specifies alternative methods of complying.
(b) the standard specifies, as alternative methods of complying with the standard (or part of the standard), 2 or more sets of requirements;
The standard requires compliance with its provisions.
Written notice nominating one of the sets of requirements.
Must nominate requirements within a specified period.
108(2) Requirements relating to alternative methods of complying
108(3) Requirements relating to alternative methods of complying
competition-and-consumer-act-2010.pdf, p.208
Provide information or documents to a regulator within a specified period.
108A Requirement to give information or documents
competition-and-consumer-act-2010.pdf, p.209
109 Interim bans on consumer goods or product related services
Interim ban on consumer goods of a particular kind if it appears to the responsible Minister that they will or may cause injury to any person.
109(1) Interim bans on consumer goods or product related services
Imposes a prohibition on consumer goods.
(1) A responsible Minister may, by written notice published on the internet...
Classifies consumer goods as potentially hazardous.
Interim ban on product related services of a particular kind
109(2) Interim bans on consumer goods or product related services
Defines a temporal interval for the imposition of the interim ban
(2) A responsible Minister may, by written notice published on the internet...
Imposes an interim ban on product related services
Definitions for references to acquisition, supply and re-supply of goods and services.
11 References to acquisition, supply and re-supply
11 May
competition-and-consumer-act-2010.pdf, p.405
11 Nov
11 Dec
11 Dec 2002 (s 2)
11 Apr
Competition and Consumer Amendment (Payment Surcharges) Act 2016
11 Feb
Item 4 of Schedule 1 (Treasury Laws Amendment (More Competition, Better Prices) Act 2022)
11 Apr 2023
Item 6 of Treasury Laws Amendment (Fairer for Families and Farmers and Other Measures) Act 2024
References to acquisition, supply and re-supply of goods and services are defined.
Class hierarchy for references to acquisition, supply and re-supply of goods and services.
competition-and-consumer-act-2010.pdf, p.210
110 Places in which interim bans apply
Interim ban applies in all States and Territories.
110(1) Places in which interim bans apply
110(2) Places in which interim bans apply
Interim ban applies in the Territory where imposed by a responsible Minister.
110(3) Places in which interim bans apply
(3) An interim ban imposed by a responsible Minister...
111 Ban period for interim bans
111(1) Ban period for interim bans
Extend ban period by up to 30 days before its end.
111(2) Ban period for interim bans
(2) Before the ban period for the interim ban ends...
...the responsible Minister may, by written notice...
Request for extension of extended ban period
111(3) Ban period for interim bans
Extension of extended ban period for interim ban
111(4) Ban period for interim bans
If Commonwealth Minister has not made a decision on request, extend ban period by 30 days.
111(5) Ban period for interim bans
Commonwealth Minister is taken to have decided to extend the extended ban period for the ban by a further period of 30 days.
Extend extended ban period for interim ban by up to 30 days
111(6) Ban period for interim bans
competition-and-consumer-act-2010.pdf, p.211
112 Interaction of multiple interim bans
competition-and-consumer-act-2010.pdf, p.212
Responsible Minister may revoke interim ban at any time.
113 Revocation of interim bans
114 Permanent bans on consumer goods or product related services
Permanent ban on consumer goods of a particular kind if certain conditions are met.
114(1) Permanent bans on consumer goods or product related services
The permanent ban overlaps with the existing interim bans.
(a) one or more interim bans on consumer goods of that kind are in force;
The recognition is based on the potential harm caused by the consumer goods.
Recognizes the potential harm caused by consumer goods.
(ii) a reasonably foreseeable use (including a misuse) of consumer goods of that kind will or may cause injury to any person.
The Commonwealth Minister may impose a permanent ban on consumer goods of a particular kind.
The recurring trace is based on the potential harm caused by the consumer goods.
Recurring trace of consumer goods banned.
(b) it appears to the Commonwealth Minister that: (i) consumer goods of that kind will or may cause injury to any person;
The validation is based on the existing interim bans.
Validates the classification of consumer goods.
Permanent ban on product related services of a particular kind if certain conditions are met.
114(2) Permanent bans on consumer goods or product related services
the ban overlaps with the interim bans or the services being supplied
(2) The Commonwealth Minister may, by written notice published on the internet, impose a permanent ban on product related services of a particular kind if:
product related services of that kind are prohibited
Imposes a prohibition on product related services.
one or more interim bans on product related services of that kind (the banned services), or on product related services of a kind that include the banned services, are in force
consumer goods of a particular kind are prohibited
Imposes a prohibition on consumer goods of a particular kind if certain conditions are met.
it appears to the Commonwealth Minister that: as a result of services of that kind being supplied, consumer goods of a particular kind will or may cause injury to any person
the ban spreads to other product related services if certain conditions are met
the ban is recurring if certain conditions are met
competition-and-consumer-act-2010.pdf, p.213
Permanent ban applies in all States and Territories.
115 Places in which permanent bans apply
A permanent ban applies in all States and Territories.
Permanent ban comes into force on specified day
116 When permanent bans come into force
The Commonwealth Minister specifies the day
117 Revocation of permanent bans
competition-and-consumer-act-2010.pdf, p.214
118 Supplying etc. consumer goods covered by a ban
Supplying consumer goods of a particular kind is prohibited if an interim or permanent ban is in force.
118(1) Supplying etc. consumer goods covered by a ban
An interim ban on consumer goods is in force.
Prohibits offering consumer goods covered by a ban for supply in trade or commerce.
118(2) Supplying etc. consumer goods covered by a ban
Manufacturing, possessing or controlling prohibited consumer goods is prohibited.
118(3) Supplying etc. consumer goods covered by a ban
118(4) Supplying etc. consumer goods covered by a ban
Export of prohibited consumer goods without approval is prohibited.
118(5) Supplying etc. consumer goods covered by a ban
118(6) Supplying etc. consumer goods covered by a ban
Liability for supplying consumer goods in contravention of subsection (1)
118(7) Supplying etc. consumer goods covered by a ban
competition-and-consumer-act-2010.pdf, p.215
119 Supplying etc. product related services covered by a ban
Supplying product related services of a particular kind is prohibited if an interim or permanent ban is in force.
119(1) Supplying etc. product related services covered by a ban
Prohibition of supplying product related services.
Prohibits offering product-related services covered by a ban in trade or commerce.
119(2) Supplying etc. product related services covered by a ban
competition-and-consumer-act-2010.pdf, p.116
Definition of contract for leases and licences
12 Application of Schedule in relation to leases and licences of land
12 Nov
Conditional commencement of Treasury Laws Amendment (2019 Measures No. 1) Act
12 Mar
12 Aug
12 Dec 2019
competition-and-consumer-act-2010.pdf, p.398
Commencement of Trade Practices Act 1975
12 June
Conditional commencement of Statute Law (Miscellaneous Amendments) Act 1981
competition-and-consumer-act-2010.pdf, p.402
Conditional commencement of Transport and Communications Legislation Amendment Act 1991
12 Sept
Requires a relation between identifiable temporal intervals for conditional commencement
Trade Practices Legislation Amendment Act 2003
competition-and-consumer-act-2010.pdf, p.413
Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010
12 Apr
Amendment of section 83 by Statute Law Revision Act 2012
a reference to making or entering into a contract, in relation to such a lease or licence, is a reference to granting or taking the lease or licence
a reference to a contract includes a reference to a lease of, or a licence in respect of, land or a building or part of a building
a reference to a party to a contract, in relation to such a lease or licence, is a reference to any person bound by, or entitled to the benefit of, any provision contained in the lease or licence
a reference to a party to a contract, in relation to such a lease or licence, includes a reference to any person bound by, or entitled to the benefit of, any provision contained in the lease or licence
competition-and-consumer-act-2010.pdf, p.216
120 Temporary exemption under the Trans-Tasman Mutual
Goods subject to ban are exempted under certain conditions.
120(1) Temporary exemption under the Trans-Tasman Mutual
Section 46(4) of the Act still applies despite this exemption.
120(2) Temporary exemption under the Trans-Tasman Mutual
121 Temporary exemption under the Mutual Recognition Act 1992
Goods subject to interim ban are treated as goods of a kind declared under the Mutual Recognition Act 1992.
121(1) Temporary exemption under the Mutual Recognition Act 1992
The goods are taken, for the purposes of section 15 of the Mutual Recognition Act 1992, to be goods of a kind that are declared, in the manner provided by section 15(1) of that Act, to be goods to which that section applies.
Indicates overlap between the interim ban and the declaration under the Mutual Recognition Act 1992.
(a) an interim ban on consumer goods of a particular kind is in force; and (b) the interim ban was not imposed by the Commonwealth Minister;
Indicates recognition of the declaration under the Mutual Recognition Act 1992 for goods subject to interim ban.
Implies that goods subject to interim ban are treated as declared under the Mutual Recognition Act 1992.
Indicates spread of the declaration under the Mutual Recognition Act 1992 to goods subject to interim ban.
Indicates repetition of the declaration under the Mutual Recognition Act 1992 for goods subject to interim ban.
Section 15(3) of the Mutual Recognition Act 1992 still applies despite this exemption.
121(2) Temporary exemption under the Mutual Recognition Act 1992
Section 15(3) still applies despite this exemption.
This section does not affect the application of section 15(3)
competition-and-consumer-act-2010.pdf, p.218
122 Compulsory recall of consumer goods
A responsible Minister must issue a recall notice for consumer goods if certain conditions are met.
122(1) Compulsory recall of consumer goods
The Minister must issue the recall notice.
Minister does not need to know supplier identities for compulsory recall.
122(2) Compulsory recall of consumer goods
Minister has an obligation to know supplier identities.
Recall notice may be issued even if goods have become fixtures.
122(3) Compulsory recall of consumer goods
123 Contents of a recall notice
Regulator must take actions to recall goods or disclose information to the public.
123(1) Contents of a recall notice
Recall notice requires one or more suppliers to be notified.
(a) the manner in which the action required to be taken by the notice must be taken; (b) the period within which the action must be taken.
Specify manner and period for action required by notice.
123(2) Contents of a recall notice
Specify period for action required by notice.
(b) the period within which the action must be taken.
Regulator must retain, destroy or dispose of goods.
123(3) Contents of a recall notice
Supplier must take action if required by notice.
123(4) Contents of a recall notice
competition-and-consumer-act-2010.pdf, p.220
124 Obligations of a supplier in relation to a recall notice
Supplier must take action upon receipt of recall notice.
124(1) Obligations of a supplier in relation to a recall notice
Supplier must repair consumer goods to comply with safety standards and remedy defects.
124(2) Obligations of a supplier in relation to a recall notice
Supplier must replace goods with similar consumer goods that do not contain a defect or have a dangerous characteristic.
124(3) Obligations of a supplier in relation to a recall notice
Supplier must pay for repair or replacement of consumer goods.
124(4) Obligations of a supplier in relation to a recall notice
Supplier has an obligation to pay for repair or replacement.
competition-and-consumer-act-2010.pdf, p.221
125 Notification by persons who supply consumer goods outside
Person who supplies consumer goods outside Australia must give written notice to the person outside Australia.
125(1) Notification by persons who supply consumer goods outside
Consumer goods supplier must provide specific information in recall notices.
125(2) Notification by persons who supply consumer goods outside
Must notify person outside Australia after supply of consumer goods.
125(3) Notification by persons who supply consumer goods outside
Provide a copy of notice to responsible Minister within 10 days.
125(4) Notification by persons who supply consumer goods outside
126 Interaction of multiple recall notices
competition-and-consumer-act-2010.pdf, p.222
127 Compliance with recall notices
Compliance with recall notices is mandatory.
127(1) Compliance with recall notices
Prohibition on supplying consumer goods with identified defects or dangerous characteristics.
127(2) Compliance with recall notices
Loss or damage suffered by another person due to contravention of recall notice
127(3) Compliance with recall notices
The other person is taken, for the purposes of this Schedule, to have suffered the loss or damage because of the contravention.
Obligation to provide particular information in relation to goods
(3) If: a person contravenes subsection (1) or (2) in relation to consumer goods; and another person suffers loss or damage:
competition-and-consumer-act-2010.pdf, p.223
128 Notification requirements for a voluntary recall of consumer
Notification requirements for a voluntary recall of consumer goods
128(1) Notification requirements for a voluntary recall of consumer
Indicates the start of a period during which notification is required
(1) This section applies if a person voluntarily takes action to recall consumer goods of a particular kind...
May take action without providing notification
(b) a reasonably foreseeable use (including a misuse) of the consumer goods will or may cause injury to any other person;
Indicates an exception to the obligation to provide notification
(a) the consumer goods will or may cause injury to any other person;
Provide written notice to the Commonwealth Minister within 2 days after taking action.
128(2) Notification requirements for a voluntary recall of consumer
Publish a copy of the notice on the internet.
128(3) Notification requirements for a voluntary recall of consumer
competition-and-consumer-act-2010.pdf, p.225
129 Safety warning notices about consumer goods and product
written notice containing a statement and a warning
Publish safety warning notices about consumer goods and product
129(1) Safety warning notices about consumer goods and product
Temporal interval for investigation and publication of safety warning notices
(i) those goods will or may cause injury to any person; or (ii) a reasonably foreseeable use...
Investigation of consumer goods under investigation implies publication of safety warning notices
Possible risks involved in use of consumer goods implies publication of safety warning notices
(b) a warning of possible risks involved in the use of consumer goods of a kind specified in the notice.
Publish a written notice containing warnings about product-related services on the internet.
129(2) Safety warning notices about consumer goods and product
Temporal interval for publication of written notice.
(2) A responsible Minister may publish on the internet a written notice containing one or both of the following:
Publication of written notice implies investigation into potential risks.
Artificial intelligence recognizes publication of written notice as a warning.
Publication of written notice spreads information about potential risks.
competition-and-consumer-act-2010.pdf, p.117
Definition of loss or damage includes injury
13 Loss or damage to include injury
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010
13 July
Imposes a duty on the legislative body to amend the Act
Reference to schedule 2, items 7-9, and schedule 7
13 Apr
Item 1 of section 13 of the Treasury Laws Amendment (2019 Measures No. 2) Act 94, 2019
Conditional commencement of Telstra Corporation and Other Legislation Amendment Act 2021
13 Sept 2021
13 Dec 2021
Statute Law (Miscellaneous Provisions) Act (No. 1)
13 May
Conditional commencement on specific dates
Requires relation between identifiable temporal intervals
Dates specified require relation to time
List of sections subject to commencement
13 July 2004 (s 2)
Requires relation between identifiable temporal intervals for commencement
a reference to loss or damage, other than a reference to the amount of any loss or damage, includes a reference to injury;
130 Announcement of the results of an investigation etc.
competition-and-consumer-act-2010.pdf, p.227
131 Suppliers to report consumer goods associated with the death or
Supplier must report death or serious injury related to consumer goods within 2 days.
131(1) Suppliers to report consumer goods associated with the death or
Exemptions from liability for consumer goods
131(2) Suppliers to report consumer goods associated with the death or
competition-and-consumer-act-2010.pdf, p.229
132 Suppliers to report product related services associated with the
Supplier must report death or serious injury/illness caused by product use.
132(1) Suppliers to report product related services associated with the
Exemptions from liability for death or serious injury/illness not caused by consumer goods use
132(2) Suppliers to report product related services associated with the
competition-and-consumer-act-2010.pdf, p.231
132A Confidentiality of notices given under this Division
Disclosing confidential notices without consent is prohibited.
132A(1) Confidentiality of notices given under this Division
Disclosing confidential notices without consent
Disclosure is not required under this section.
132A(2) Confidentiality of notices given under this Division
Disclosure of certain information is not prohibited.
132A(3) Confidentiality of notices given under this Division
Disclosure is made because it is reasonably necessary to protect public safety.
...and is made because it is reasonably necessary...
Section does not apply to disclosures made by staff in performance of duties.
competition-and-consumer-act-2010.pdf, p.233
Liability under a contract of insurance not affected by giving information to certain authorities.
133 Liability under a contract of insurance
competition-and-consumer-act-2010.pdf, p.234
134 Making information standards for goods and services
The Commonwealth Minister may make an information standard.
134(1) Making information standards for goods and services
Permission to make an information standard.
An information standard for goods or services of a particular kind may make provision in relation to the content of information about goods or services of that kind.
134(2) Making information standards for goods and services
May make provision in relation to the content of information about goods or services of that kind.
An information standard may also deal with matters incidental or related to the provision of information for goods or services of a particular kind.
134(3) Making information standards for goods and services
Defines how an incorporated instrument's provisions apply to the information standard.
134(4) Making information standards for goods and services
May make provision in relation to any matter dealt with in the incorporated instrument.
134(5) Making information standards for goods and services
competition-and-consumer-act-2010.pdf, p.235
136 Supplying etc. goods that do not comply with information
Supplying goods that do not comply with information standard is prohibited.
136(1) Supplying etc. goods that do not comply with information
Prohibits supplying goods that do not comply with information standard.
(1) A person must not, in trade or commerce...
Compliance with a specified provision of the standard is an exception to the general obligation.
136(1A) Supplying etc. goods that do not comply with information
Person bears evidential burden in relation to matter relying on subsection (1A) in proceedings.
136(1B) Supplying etc. goods that do not comply with information
Offering goods that do not comply with information is prohibited.
136(2) Supplying etc. goods that do not comply with information
Prohibition of offering goods that do not comply with information.
Manufacturing, possessing or controlling goods not complying with information is prohibited.
136(3) Supplying etc. goods that do not comply with information
competition-and-consumer-act-2010.pdf, p.237
137 Supplying etc. services that do not comply with information
Prohibition on supplying services that do not comply with information standards.
137(1) Supplying etc. services that do not comply with information
Prohibition of non-compliance with information standards.
Compliance with a specified provision of the standard is an exception to subsection (1)
137(1A) Supplying etc. services that do not comply with information
137(1B) Supplying etc. services that do not comply with information
Offering prohibited services in trade or commerce
137(2) Supplying etc. services that do not comply with information
Prohibition of offering prohibited services
Supplier must provide particular information to avoid liability for loss or damage.
137(3) Supplying etc. services that do not comply with information
Supplier has an obligation to provide particular information.
competition-and-consumer-act-2010.pdf, p.238
137A Safe harbour for complying with information standards about
Complying with information standards about labelling or displaying eggs as free range eggs.
137A(1) Safe harbour for complying with information standards about
Obligation to comply with information standards.
Evidence for matters set out in subsection (1)
Person bears evidential burden in proceedings
137A(2) Safe harbour for complying with information standards about
137A(3) Safe harbour for complying with information standards about
An egg is an egg laid by a female domestic chicken (Gallus gallus domesticus).
137A(4) Safe harbour for complying with information standards about
Free range egg has the meaning given by the information standard mentioned in paragraph (1)(a).
Contravening section if certain conditions met
137AA Other non-compliance with information standards
competition-and-consumer-act-2010.pdf, p.239
137B Requirement to give information or documents
competition-and-consumer-act-2010.pdf, p.240
138 Liability for loss or damage suffered by an injured individual
Manufacturer liable for compensation if goods have safety defect and cause injury.
138(1) Liability for loss or damage suffered by an injured individual
...and (c) the individual suffers injuries because of the safety defect.
Temporal relationship between supply and injury.
(a) the manufacturer supplies the goods in trade or commerce;
...and (b) the goods have a safety defect.
Supply implies injury if goods have a safety defect.
Goods are classified as having a safety defect if they cause injury.
...if the individual suffers injuries because of the safety defect.
Manufacturer has an obligation to compensate.
(1) A manufacturer of goods is liable...
Injury propagates from supply to individual if goods have a safety defect.
Individual can recover loss or damage from manufacturer
138(2) Liability for loss or damage suffered by an injured individual
Liability for loss or damage suffered by an injured individual
138(3) Liability for loss or damage suffered by an injured individual
States are obligated to provide liability for loss or damage suffered by an injured individual
139 Liability for loss or damage suffered by a person other than an
Manufacturer liable for compensation if goods have safety defects and cause injury or death.
139(1) Liability for loss or damage suffered by a person other than an
Person may recover loss or damage from manufacturer.
139(2) Liability for loss or damage suffered by a person other than an
Obligation to compensate for loss or damage.
14 Meaning of continuing credit contract
Conditional commencement of Trade Practices Amendment Act 1988
14 Dec
Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 109, 2006
14 Sept
14 Apr
14 Oct
14 Mar
14 Apr 2015 (s 2)
14 Sept 2023
14 Dec 2023
Agreement to provide credit constitutes a continuing credit contract.
14(1) Meaning of continuing credit contract
Credit agreement implies a continuing credit contract
Payments made, or to be made, by the creditor to that other person.
Credit provided to consumer in relation to goods or services supplied by another person.
14(2) Meaning of continuing credit contract
competition-and-consumer-act-2010.pdf, p.241
140 Liability for loss or damage suffered by a person if other goods
Manufacturer liable for loss or damage caused by safety defect in goods supplied in trade or commerce.
140(1) Liability for loss or damage suffered by a person if other goods
...and (e) the person suffers loss or damage as a result of the destruction or damage.
The destruction or damage of goods occurs between the time the person uses or consumes, or intends to use or consume, the goods and the time the person suffers loss or damage.
(d) the person used or consumed, or intended to use or consume,...the destroyed or damaged goods for personal, domestic or household use or consumption;
...the person suffers loss or damage as a result of the destruction or damage.
If the manufacturer supplies goods in trade or commerce, and the goods have a safety defect, then the manufacturer is liable to compensate a person for loss or damage caused by the safety defect.
Manufacturer has an obligation to compensate a person for loss or damage caused by safety defect.
(1) A manufacturer of goods is liable to compensate a person if...
The destruction or damage of goods occurs until the time the person suffers loss or damage.
(c) other goods of a kind ordinarily acquired for personal, domestic or household use or consumption are destroyed or damaged because of the safety defect;
140(2) Liability for loss or damage suffered by a person if other goods
Manufacturer liable for compensation if goods have safety defect and supplied in trade or commerce.
141 Liability for loss or damage suffered by a person if land,
Goods have safety defect and supplied in trade or commerce
competition-and-consumer-act-2010.pdf, p.242
Defence against liability for defective goods actions
142 Defences to defective goods actions
If the defence overlaps with the liability period, the liability is discharged.
The defence applies to a period before the goods were supplied by their actual manufacturer.
The defence implies a discharge of liability.
Defence implication for liability discharge
If the defence is established, the liability is discharged.
The defence is recognized by AI systems.
The defence can be recognized by artificial intelligence systems.
The manufacturer must provide a defence against liability for defective goods actions.
The defence diffuses to other goods with the same safety defect.
The safety defect in other goods is attributable only to the design, markings, or instructions of those goods.
competition-and-consumer-act-2010.pdf, p.243
143 Time for commencing defective goods actions
Time for commencing defective goods actions
143(1) Time for commencing defective goods actions
Can commence action at any time within 3 years
Must be aware of loss/damage/safety defect
Defective goods action must be commenced within 10 years of supply by the manufacturer.
143(2) Time for commencing defective goods actions
Defective goods action must be commenced
Obligation to commence action within time limit
Joint and several liability for multiple persons liable under Division 1.
144 Liability joint and several
Survival of actions under this law applies to actions under other laws.
145 Survival of actions
No defective goods action where workers’ compensation law etc.
146 No defective goods action where workers’ compensation law etc.
Losses or damages overlap with workers’ compensation and international agreements
(a) relates to workers’ compensation; or (b) gives effect to an international agreement.
Prohibits applying Division 1 to certain losses or damages
Division 1 does not apply to a loss or damage in respect of which an amount has been, or could be, recovered under a law of the Commonwealth, a State or a Territory that:
Permits recovery under Commonwealth, State, or Territory law for certain losses or damages
an amount has been, or could be, recovered under a law of the Commonwealth, a State or a Territory that:
Imposes obligation on Commonwealth, State, or Territory law for certain losses or damages
Losses or damages are contained within workers’ compensation and international agreements
competition-and-consumer-act-2010.pdf, p.244
147 Unidentified manufacturer
147(1) Unidentified manufacturer
Request for information within a time frame
(1) A person who: (a) wishes to institute a defective goods action; but (b) does not know who is the manufacturer of the goods to which the action would relate;
Identify goods manufacturer using ontology
Supplier must identify manufacturer if person still unknown after 30 days
147(2) Unidentified manufacturer
Supplier has an obligation to identify manufacturer
148 Commonwealth liability for goods that are defective only
Provide notice and copy of defence in action
148(1) Commonwealth liability for goods that are defective only
Commonwealth liable for goods that are defective only
148(2) Commonwealth liability for goods that are defective only
The Commonwealth is a defendant in the action.
Obligation to provide notice and defence
148(3) Commonwealth liability for goods that are defective only
Commonwealth is liable to pay for loss or damage caused by safety defect
competition-and-consumer-act-2010.pdf, p.245
149 Representative actions by the regulator
The regulator may commence a defective goods action on behalf of identified persons.
149(1) Representative actions by the regulator
Regulator must obtain written consent before making an application.
149(2) Representative actions by the regulator
competition-and-consumer-act-2010.pdf, p.118
Exemptions from contravention of Schedule provisions
15 Contraventions of this Schedule
competition-and-consumer-act-2010.pdf, p.406
Commencement details for certain items in Schedule 1
15 Dec
Conditional commencement of Australian Energy Market Amendment (National Energy Retail Law) Act 2011
15 Sept
15 Dec 2020
competition-and-consumer-act-2010.pdf, p.246
150 Application of all or any provisions of this Part etc. not to be
150(1) Application of all or any provisions of this Part etc. not to be
Application of provisions not excluded or modified by contract terms.
150(2) Application of all or any provisions of this Part etc. not to be
competition-and-consumer-act-2010.pdf, p.247
Making false or misleading representations about goods or services is prohibited.
151 False or misleading representations about goods or services
Prohibits making false or misleading representations.
Classifies goods or services as being of a particular standard, quality, value, grade, composition, style or model.
competition-and-consumer-act-2010.pdf, p.249
Making false or misleading representations about sale etc. of land
152 False or misleading representations about sale etc. of land
competition-and-consumer-act-2010.pdf, p.250
153 Misleading conduct relating to employment
Misleading conduct relating to employment
153(1) Misleading conduct relating to employment
Misleading conduct relating to employment is an offence of strict liability.
153(2) Misleading conduct relating to employment
Prohibits misleading conduct relating to employment
(2) Subsection (1) is an offence of strict liability.
Offence against subsection (1) committed by a body corporate is punishable
153(3) Misleading conduct relating to employment
...is punishable on conviction by a fine of not more than the greater...of (a) or (b) or (c)
...not more than the greater...of (a) or (b) or (c)
(3) An offence against subsection (1) committed by a body corporate...
Prohibits an offence against subsection (1) committed by a body corporate
(3) An offence against subsection (1) committed by a body corporate is punishable on conviction...
Offence against subsection (1) punishable by fine not exceeding $2,500,000
153(4) Misleading conduct relating to employment
Establishes temporal relation between subsections
Classifies conduct as an offence using AI
punishable on conviction by a fine of not more than $2,500,000.
competition-and-consumer-act-2010.pdf, p.251
Offering rebates, gifts, prizes etc. is prohibited in trade or commerce.
154 Offering rebates, gifts, prizes etc.
Prohibition of offering rebates, gifts, prizes etc.
...or (ii) the promotion by any means...
Classification of goods or services as prohibited
(i) the supply or possible supply of goods or services;
competition-and-consumer-act-2010.pdf, p.253
155 Misleading conduct as to the nature etc. of goods
Misleading conduct in trade or commerce is prohibited.
155(1) Misleading conduct as to the nature etc. of goods
Misleading conduct as to the nature etc. of goods is prohibited.
155(2) Misleading conduct as to the nature etc. of goods
Subsection (1) is an offence of strict liability.
Defines temporal interval for prohibition
competition-and-consumer-act-2010.pdf, p.254
156 Misleading conduct as to the nature etc. of services
156(1) Misleading conduct as to the nature etc. of services
Misleading conduct as to the nature etc. of services is an offence.
156(2) Misleading conduct as to the nature etc. of services
Offence punishable by fine not exceeding $100,000,000 or 3 times the value of benefit obtained directly or indirectly.
156(3) Misleading conduct as to the nature etc. of services
Offence punishable by fine of up to $2,500,000
156(4) Misleading conduct as to the nature etc. of services
competition-and-consumer-act-2010.pdf, p.255
157 Bait advertising
Advertising goods or services at a specified price without reasonable grounds for believing it can be fulfilled.
157(1) Bait advertising
Overlaps with the concept of 'reasonable grounds' in terms of temporal intervals.
(i) the nature of the market in which the person carries on business; and
(b) there are reasonable grounds for believing that the person will not be able to offer for supply those goods or services at that price for a period that is, and in quantities that are, reasonable.
Recognizes the need for 'reasonable grounds' in advertising.
(a) the person, in trade or commerce, advertises goods or services for supply at a specified price; and
there is an offence if (b) there are reasonable grounds for believing that the person will not be able to offer for supply those goods or services at that price for a period that is, and in quantities that are, reasonable.
Prohibits advertising goods or services at a specified price without reasonable grounds.
Diffuses the concept of 'reasonable grounds' through the market.
Recurring trace of advertising goods or services at a specified price without reasonable grounds.
Advertising goods or services at a specified price without offering them for supply at that price is prohibited.
157(2) Bait advertising
...the person fails to offer such goods or services for supply at that price...
Temporal interval of the prohibited act.
Prohibition of advertising goods or services at a specified price without offering them for supply.
Bait advertising is an offence of strict liability.
157(3) Bait advertising
Offence against subsection (1) or (2) committed by a body corporate is punishable.
157(3A) Bait advertising
competition-and-consumer-act-2010.pdf, p.256
158 Wrongly accepting payment
Accepting payment for goods or services without intention to supply is prohibited.
158(1) Wrongly accepting payment
Temporal relation between accepting payment and intention to supply.
(b) at the time of the acceptance, the person intends not to supply the goods or services.
The Australian Consumer Law Schedule 2 Offences Chapter 4 Offences relating to unfair practices Part 4-1 Section 158
Knowledge representation of accepting payment as a prohibited act.
(a) the person, in trade or commerce, accepts payment or other consideration for goods or services; and (b) at the time of the acceptance, the person intends not to supply the goods or services.
Prohibition of accepting payment without intention to supply.
Recurring trace of accepting payment without intention to supply.
Schema validation of accepting payment as a prohibited act.
Strict liability applies to subsection (1)(a).
158(2) Wrongly accepting payment
Accepting payment for goods or services with intention to supply different goods/services
158(3) Wrongly accepting payment
Prohibition of accepting payment for goods or services with intention to supply different goods/services
(3) A person commits an offence if: (a) the person, in trade or commerce, accepts payment or other consideration for goods or services; and (b) at the time of the acceptance, the person intends to supply goods or services materially different from the goods or services in respect of which the payment or other consideration is accepted.
Tracing the temporal relationship between accepting payment and supplying different goods/services
Strict liability applies to subsection (3)(a).
158(4) Wrongly accepting payment
(4) Strict liability applies to subsection (3)(a).
Accepting payment without being able to supply goods or services
158(5) Wrongly accepting payment
Temporal interval for supplying goods or services
(5) A person commits an offence if: (a) the person, in trade or commerce, accepts payment or other consideration for goods or services; and (b) at the time of the acceptance, the person was reckless as to whether he or she would be able to supply the goods or services:
Prohibition on accepting payment without being able to supply goods or services
Obligation to provide goods or services within a reasonable time
Recurring obligation to provide goods or services
Strict liability applies to subsection (5)(a)
158(6) Wrongly accepting payment
(6) Strict liability applies to subsection (5)(a)
Supply of goods or services within the specified time.
Accepting payment without supplying goods or services within the specified time.
158(7) Wrongly accepting payment
competition-and-consumer-act-2010.pdf, p.259
159 Misleading representations about certain business activities
Making false or misleading representations about business activities is an offence.
159(1) Misleading representations about certain business activities
The representation is about material aspects of business activities.
Overlaps with representations about material aspects of business activities.
(c) the representation concerns the profitability, risk or any other material aspect of any business activity that the person has represented as one that can be, or can be to a considerable extent, carried on at or from a person’s place of residence.
Analyzes representations about business activities.
(a) the person, in trade or commerce, makes a representation;
The representation is false or misleading in a material particular.
Spreads to representations about business activities.
(b) the representation is false or misleading in a material particular;
The person makes a representation in trade or commerce.
Recurring trace for representations about business activities.
159(2) Misleading representations about certain business activities
There is an overlap between the representation and the business activity.
Temporal overlap between representations and business activities
The representation requires the performance of work by other persons, or the investment of money by other persons and the performance by them of work associated with the investment.
Analysis of representations and business activities for accuracy
The representation is false or misleading in a material part.
Prohibition of false or misleading representations
False or misleading information is spread through the business activity.
Spread of false or misleading information through business activities
The person invites other persons to engage or participate in, or to offer or apply to engage or participate in the business activity.
A recurring pattern of false or misleading representations is detected.
Recurring trace of false or misleading representations
The person, in trade or commerce, makes a representation.
Offence of strict liability for misleading representations about certain business activities
159(3) Misleading representations about certain business activities
16 Severability
16 Dec 2022
16 June
Conditional commencement on July 1, 1990
Requires a relation between identifiable temporal intervals
16 Dec
Competition and Consumer Act 2010 commencement
16 Oct
Commencement of Crimes Legislation Amendment (Serious and Organised Crime) Act 2010
16 Nov
Conditional commencement of Consumer Credit Legislation Amendment (Enhancements) Act 2012
16 Apr
The provision requires an AllenInterval application
The text mentions a specific date (1 July 2012)
Financial Sector Reform (Hayne Royal Commission Response) Act 2020
Conditional commencement is Undertaking, not Prohibition
Nothing in this Schedule affects the validity or enforceability of a contract otherwise than in relation to a severable provision.
16(1) Severability
16(2) Severability
competition-and-consumer-act-2010.pdf, p.260
160 Application of provisions of this Division to information
Publication of certain information is prohibited for specific entities.
160(1) Application of provisions of this Division to information
(1) Sections 151, 152, 155, 156 and 159 do not apply to a publication of matter by an information provider if:
(a) in any case—the information provider made the publication in the course of carrying on a business of providing information;
(b) if the information provider is the Australian Broadcasting Corporation, the Special Broadcasting Service Corporation or the holder of a licence granted under the Broadcasting Services Act 1992—the publication was by way of a radio or television broadcast by the information provider.
Exemption from subsection (1) for publications of advertisements.
160(2) Application of provisions of this Division to information
Exemptions for publications of matter in connection with supply or use of goods or services
160(3) Application of provisions of this Division to information
The publication is exempt from subsection (1)
Class hierarchy for types of publications
Publication is made on behalf of, or pursuant to a contract, arrangement or understanding with a person who supplies goods or services of the same kind as the publicised goods or services.
Publication is made on behalf of, or pursuant to a contract, arrangement or understanding with a body corporate that is related to a body corporate that supplies goods or services of the same kind as the publicised goods or services.
Publication is made by an information provider who supplies goods or services of the same kind as the publicised goods or services.
Publication is made by a body corporate that supplies goods or services of the same kind as the publicised goods or services.
Exemptions from subsection (1) for certain publications
160(4) Application of provisions of this Division to information
The exemption applies to publications of matter related to the sale or grant of these interests.
The publicised interests in land are of a kind sold or granted by the information provider.
competition-and-consumer-act-2010.pdf, p.262
161 Unsolicited cards etc.
Sending unsolicited credit or debit cards is an offence.
161(1) Unsolicited cards etc.
Prohibits sending unsolicited credit or debit cards.
Exemption from liability for unsolicited cards sent under certain conditions.
161(2) Unsolicited cards etc.
The person sends the card to the other person pursuant to a written request
Taking action to enable another person to use a credit card as a debit card is an offence.
161(3) Unsolicited cards etc.
Taking action before committing an offence is prohibited.
Establishes a temporal relation between taking action and committing an offence.
(3) A person commits an offence if the person takes any action that enables another person who has a credit card to use the card as a debit card.
The provision is classified as a prohibition using CogAI.
Classifies the provision as a prohibition using CogAI.
Prohibits taking action to enable another person to use a credit card as a debit card.
The diffusion of the prohibition is established.
Diffuses the prohibition through taking action and committing an offence.
Establishes a recurring trace of taking action and committing an offence.
Taking action to enable another person to use a debit card as a credit card is an offence.
161(4) Unsolicited cards etc.
Prohibition of enabling debit card use as credit card
Exemption from subsection (3) or (4) if action is taken in accordance with written request.
161(5) Unsolicited cards etc.
...if the person takes the action in accordance with the other person’s written request.
Action taken must overlap with written request.
(5) Subsection (3) or (4) does not apply...
System recognizes exemption based on written request.
Permission to take action without subsection (3) or (4) applying.
Written request must diffuse to all relevant parties.
Action taken must repeat the written request.
Offence of strict liability for unsolicited cards etc.
161(6) Unsolicited cards etc.
161(7) Unsolicited cards etc.
Defines the temporal interval for the breach turnover period
(c) if the court cannot determine the value of that benefit—30% of the body corporate’s adjusted turnover during the breach turnover period for the offence.
Implies a causal relationship between the breach and the fine
punishable on conviction by a fine of not more than...
(7) An offence against subsection (1), (3) or (4)
Diffuses the liability to the related bodies corporate
(b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly...
Defines a recurring trace for the breach turnover period
Offence punishable by fine not exceeding $2,500,000
161(8) Unsolicited cards etc.
competition-and-consumer-act-2010.pdf, p.263
162 Assertion of right to payment for unsolicited goods or services
Asserting a right to payment for unsolicited goods or services is an offence.
162(1) Assertion of right to payment for unsolicited goods or services
Prohibits asserting a right to payment for unsolicited goods or services.
The law prohibits asserting a right to payment for unsolicited goods or services.
Implies that asserting a right to payment for unsolicited goods or services is an offence.
The law implies that asserting a right to payment for unsolicited goods or services is an offence.
Asserting a right to payment for unsolicited services is an offence.
162(2) Assertion of right to payment for unsolicited goods or services
The assertion occurs during trade or commerce.
Prohibits asserting a right to payment for unsolicited services.
The law prohibits asserting a right to payment for unsolicited services.
Implies that the assertion is an offence if it occurs.
If asserting a right to payment for unsolicited services occurs, then it implies that the law prohibits such assertions.
Sending unsolicited invoices or documents is an offence.
162(3) Assertion of right to payment for unsolicited goods or services
It is prohibited to send unsolicited invoices or documents.
Prohibition of sending unsolicited invoices or documents.
The text states that sending such documents is an offence.
competition-and-consumer-act-2010.pdf, p.264
163 Assertion of right to payment for unauthorised entries or
Asserting a right to payment for unauthorised entries or advertisements is prohibited.
163(1) Assertion of right to payment for unauthorised entries or
Prohibits asserting a right to payment for unauthorised entries or advertisements.
Sending false invoices or documents is prohibited without a warning statement.
163(2) Assertion of right to payment for unauthorised entries or
Exemption from subsections (1) and (2) if the person knew or had reasonable cause to believe that another person authorized the placement of the entry or advertisement.
163(3) Assertion of right to payment for unauthorised entries or
Exemption for certain publications from subsections (1) and (2)
163(4) Assertion of right to payment for unauthorised entries or
Penalty for offences of strict liability
163(5) Assertion of right to payment for unauthorised entries or
(5) Subsections (1) and (2) are offences of strict liability.
163(5A) Assertion of right to payment for unauthorised entries or
...fine of not more than the greater of...
Establishes temporal relation between fine and body corporate
(5A) An offence against subsection (1) or (2) committed by a body corporate
...body corporate is punishable on conviction...
Recognizes entity type as 'body corporate'
punishable on conviction by a fine of not more than the greater of...
(5A) An offence against subsection (1) or (2)
Establishes property 'punishable' on body corporate
competition-and-consumer-act-2010.pdf, p.267
164 Participation in pyramid schemes
Participation in pyramid schemes is prohibited.
164(1) Participation in pyramid schemes
Prohibits participation in pyramid schemes.
164(2) Participation in pyramid schemes
(2) A person commits an offence if the person induces another person to participate in a pyramid scheme.
The person is committing an offence by inducing others.
Prohibits inducing others to participate in pyramid schemes.
The person is committing an offence by participating.
Prohibits participating in pyramid schemes.
Inducing participation implies committing an offence.
164(3) Participation in pyramid schemes
164(4) Participation in pyramid schemes
164(5) Participation in pyramid schemes
(5) An offence against subsection (1) or (2)
competition-and-consumer-act-2010.pdf, p.268
165 Multiple pricing
Supplying goods with more than one displayed price is prohibited.
165(1) Multiple pricing
...and the supply takes place for a price that is not the lower, or lowest, of the displayed prices.
(b) the goods have more than one displayed price;
...or (b) if the person is not a body corporate—$1,000.
Classifies persons as bodies corporate or natural persons.
(a) if the person is a body corporate—$5,000;
...the supply takes place for a price that is not the lower, or lowest, of the displayed prices.
Prohibits supplying goods with more than one displayed price.
Diffuses to all persons supplying goods.
(a) the person, in trade or commerce, supplies goods;
Strict liability offence for subsection (1)
165(2) Multiple pricing
166 Single price to be specified in certain circumstances
Making false representations about goods or services for personal use
166(1) Single price to be specified in certain circumstances
There is an overlap between the representation and the supply of goods or services
Overlaps with the supply of goods or services
The person supplies or promotes the supply of goods or services.
There is an anomaly in the representation
Identifies the anomaly in the representation
The representation is not consistent with the supply of goods or services.
Making a representation with respect to an amount that, if paid, would constitute part of the consideration for the supply of goods or services.
The representation is with respect to an amount that, if paid, would constitute part of the consideration for the supply of goods or services.
There is a recurring trace of false representations
Recurring trace of false representations
The person makes a false representation repeatedly.
Validates the representation against a schema
The representation conforms to a schema.
No charge for sending goods must be included in the single price.
166(2) Single price to be specified in certain circumstances
Prohibits including a charge for sending goods in the single price.
Exemption from subsection (1) if certain conditions are met
166(3) Single price to be specified in certain circumstances
Exemption for corporate bodies from certain representation requirements.
166(4) Single price to be specified in certain circumstances
Single price must be at least as prominent as the most prominent part of consideration for supply.
166(5) Single price to be specified in certain circumstances
Exemption from subsection (5) for certain contracts
166(6) Single price to be specified in certain circumstances
166(7) Single price to be specified in certain circumstances
(7) Subsection (1) is an offence of strict liability.
166(8) Single price to be specified in certain circumstances
...punishable on conviction by a fine...
Prohibits offence against subsection (1)
competition-and-consumer-act-2010.pdf, p.271
167 Referral selling
Inducing consumers to provide customer information in exchange for benefits is prohibited.
167(1) Referral selling
The person commits an offence if they induce a consumer to provide customer information in exchange for benefits.
Prohibits the action of inducing consumers to provide customer information in exchange for benefits.
The person induces a consumer to acquire goods or services by representing that the consumer will receive a rebate, commission or other benefit in return for giving the person the names of prospective customers or otherwise assisting the person to supply goods or services to other consumers.
The provision is a prohibition on inducing consumers to provide customer information in exchange for benefits.
The provision states that a person commits an offence if they induce a consumer to acquire goods or services by representing that the consumer will receive a rebate, commission or other benefit in return for giving the person the names of prospective customers or otherwise assisting the person to supply goods or services to other consumers.
Offence of strict liability for subsection (1)
167(2) Referral selling
Prohibits an offence of strict liability
167(3) Referral selling
167(4) Referral selling
competition-and-consumer-act-2010.pdf, p.272
168 Harassment and coercion
Using physical force, undue harassment, or coercion in specified contexts is an offence.
168(1) Harassment and coercion
...the physical force, or undue harassment or coercion is used in connection with...
Indicates recognition by a cognitive agent.
...the supply or possible supply of goods or services; or...
Harassment and coercion is an offence of strict liability.
168(2) Harassment and coercion
168(2A) Harassment and coercion
168(2B) Harassment and coercion
(2B) An offence against subsection (1) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $2,500,000.
No effect on other provisions regarding supply or acquisition of interests in land.
168(3) Harassment and coercion
competition-and-consumer-act-2010.pdf, p.274
169 Display notices
Failure to display required notices when supplying goods or services to consumers.
169(1) Display notices
Temporal interval for the display of notices.
Prohibition of failing to display required notices.
Offence of strict liability for display notices
169(2) Display notices
Defines the temporal interval for the offence
competition-and-consumer-act-2010.pdf, p.119
Reference to provisions in this Schedule
17 References to provisions in this Schedule
17 Dec 2020
competition-and-consumer-act-2010.pdf, p.427
17 Mar 2006
17 Jan 1990
17 Dec
17 Sept
Competition and Consumer Amendment (Industry Code Penalties) Act 2014
17 July
Requirement for certain items in Schedule 5
Territories Legislation Amendment Act 2020
competition-and-consumer-act-2010.pdf, p.275
170 Permitted hours for negotiating an unsolicited consumer
Calling on a person for negotiating an unsolicited consumer agreement outside permitted hours is prohibited.
170(1) Permitted hours for negotiating an unsolicited consumer
Calling on a person for negotiating an unsolicited consumer agreement outside permitted hours is within the interval of prohibited behavior.
(1) A dealer commits an offence if the dealer calls on a person for the purpose of negotiating an unsolicited consumer agreement, or for an incidental or related purpose:
Calling on a person for negotiating an unsolicited consumer agreement outside permitted hours implies a violation of the law.
Penalty: (a) if the person is a body corporate—$50,000; or (b) if the person is not a body corporate—$10,000.
Prohibition of calling on a person for negotiating an unsolicited consumer agreement outside permitted hours.
Calling on a person for negotiating an unsolicited consumer agreement outside permitted hours diffuses the prohibited behavior.
Calling on a person for negotiating an unsolicited consumer agreement outside permitted hours is a recurring trace.
Consent is required for dealer to call or telephone the person.
170(2) Permitted hours for negotiating an unsolicited consumer
Dealer is permitted to call or telephone with consent.
Strict liability offence for violating subsection (1)
170(3) Permitted hours for negotiating an unsolicited consumer
Dealer must not call on a person for negotiating an unsolicited consumer agreement without disclosing purpose and identity.
171 Disclosing purpose and identity
Prohibition of unsolicited consumer agreements
competition-and-consumer-act-2010.pdf, p.276
172 Ceasing to negotiate on request
Dealer must leave premises immediately on request of occupier or prospective consumer
172(1) Ceasing to negotiate on request
Dealers must not contact prospective consumers for negotiating unsolicited agreements within 30 days after a request.
172(2) Ceasing to negotiate on request
Prohibition of contacting prospective consumers for negotiating unsolicited agreements.
Dealer contacts prospective consumer within 30 days after request.
Dealer must comply with subsection (2) if not the supplier of goods or services.
172(3) Ceasing to negotiate on request
Dealer may contact prospective consumer under certain conditions.
172(4) Ceasing to negotiate on request
Offences of strict liability for ceasing to negotiate on request
172(5) Ceasing to negotiate on request
Prohibits ceasing to negotiate on request
Information about termination period, exercise of right, and other prescribed matters.
competition-and-consumer-act-2010.pdf, p.277
Dealers must inform consumers about termination periods and procedures.
173 Informing person of termination period etc.
Dealer commits an offence if they fail to provide required information.
competition-and-consumer-act-2010.pdf, p.278
174 Requirement to give document to the consumer
Dealer must give consumer a copy of the agreement immediately after signing.
174(1) Requirement to give document to the consumer
Dealer commits an offence if not providing the agreement.
Dealer must provide agreement document within 5 business days after negotiation.
174(2) Requirement to give document to the consumer
Prohibits dealer from failing to provide agreement document.
Requirement to give document to the consumer
174(3) Requirement to give document to the consumer
Strict liability for failure to provide document
Full terms of the agreement, including total consideration and postal charges.
competition-and-consumer-act-2010.pdf, p.279
Supplier commits an offence if unsolicited consumer agreement does not comply with requirements.
175 Requirements for all unsolicited consumer agreements etc.
Agreement must be made before a certain date.
(1) The supplier under an unsolicited consumer agreement commits an offence if the agreement, or (if the agreement was negotiated by telephone) the agreement document, does not comply with the following requirements:
competition-and-consumer-act-2010.pdf, p.280
176 Additional requirements for unsolicited consumer agreements
Consumer signature, supplier's name and business address, email address (if applicable)
Unsolicited consumer agreement must comply with specific requirements.
176(1) Additional requirements for unsolicited consumer agreements
Supplier commits an offence if agreement does not comply with requirements.
176(2) Additional requirements for unsolicited consumer agreements
This section does not limit the operation of section 175.
176(3) Additional requirements for unsolicited consumer agreements
Section 176(3) implies that section 175 operates independently.
competition-and-consumer-act-2010.pdf, p.281
177 Requirements for amendments of unsolicited consumer
Amendments to unsolicited consumer agreements must be signed by both parties.
177(1) Requirements for amendments of unsolicited consumer
Must sign amendments to unsolicited consumer agreements.
177(2) Requirements for amendments of unsolicited consumer
competition-and-consumer-act-2010.pdf, p.282
178 Obligations of suppliers on termination
Supplier must return consideration upon termination of unsolicited consumer agreement.
178(1) Obligations of suppliers on termination
Supplier has a duty to return consideration.
Strict liability for offence on termination
178(2) Obligations of suppliers on termination
179 Prohibition on supplies etc.
179(1) Prohibition on supplies etc.
...if the agreement was not negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the tenth business day after the day on which the agreement was made;
(1) The supplier under an unsolicited consumer agreement commits an offence...
...if the person is a body corporate—$50,000; or (b) if the person is not a body corporate—$10,000.
Prohibits supplier from supplying goods or services under unsolicited consumer agreement
...if the agreement was negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the tenth business day after the day on which the consumer was given the agreement document relating to the agreement.
179(2) Prohibition on supplies etc.
(2) Strict liability applies to subsection (1)(a)
competition-and-consumer-act-2010.pdf, p.120
18 Misleading or deceptive conduct
competition-and-consumer-act-2010.pdf, p.418
18 Sept 2018 (s 2(1)
Public Service Reform Act 1984, s 7(1), (3), (4)
Jurisdiction of Courts (Miscellaneous Amendments) Act 1987
18 Dec
Conditional commencement of Circuit Layouts Act
18 Sept
Compliance with certain items is required.
18 Aug
18 Nov
Conditional commencement on July 1, 2016
18 Mar
Prohibition on misleading or deceptive conduct in trade or commerce
18(1) Misleading or deceptive conduct
Nothing in Part 3-1 limits by implication subsection (1).
18(2) Misleading or deceptive conduct
competition-and-consumer-act-2010.pdf, p.283
180 Repayment of payments received after termination
Supplier must refund payments made after termination of unsolicited consumer agreement.
180(1) Repayment of payments received after termination
...supplier does not immediately refund to the consumer...
(1) The supplier under an unsolicited consumer agreement commits an offence if...
Establishes implication between supplier's action and penalty.
Penalty: ...if the person is a body corporate—$50,000; or...
The supplier under an unsolicited consumer agreement commits an offence if...
Prohibits supplier from not refunding payments.
Supplier under an unsolicited consumer agreement commits an offence if...
Diffuses penalty across different types of persons.
Strict liability offence for repayment of payments received after termination
180(2) Repayment of payments received after termination
Recovering amounts after termination is prohibited.
181 Prohibition on recovering amounts after termination
Prohibits recovering amounts after termination.
competition-and-consumer-act-2010.pdf, p.284
182 Certain provisions of unsolicited consumer agreements void
Supplier commits an offence if agreement includes void provision
182(1) Certain provisions of unsolicited consumer agreements void
Prohibition of supplier committing an offence
Supplier under unsolicited consumer agreement commits an offence
Provision is described as void because of section 89(1)
Supplier commits an offence attempting to enforce void provision under unsolicited consumer agreement.
182(2) Certain provisions of unsolicited consumer agreements void
182(3) Certain provisions of unsolicited consumer agreements void
competition-and-consumer-act-2010.pdf, p.285
183 Waiver of rights
Supplier commits an offence for inducing consumer to waive rights.
183(1) Waiver of rights
Supplier induces consumer to waive right
183(2) Waiver of rights
This Division applies in relation to a person to whom the rights of a consumer under a contract for the supply of goods or services are assigned or transferred, as if the person were the original consumer.
184 Application of this Division to persons to whom rights of
The provision applies to persons with assigned or transferred rights.
competition-and-consumer-act-2010.pdf, p.286
Division applies in relation to contracts for supplies to third parties
185 Application of this Division to supplies to third parties
Regulations may limit the application of this Division
186 Regulations may limit the application of this Division
Section 992A of the Corporations Act 2001 prohibits hawking of financial products.
187 Application of this Division to certain conduct covered by the
Section 992A of the Corporations Act 2001 applies to hawking of financial products at all times.
Knowledge representation in the Corporations Act 2001
Section 992A of the Corporations Act 2001 defines 'hawking'
Diffusion through the Corporations Act 2001
competition-and-consumer-act-2010.pdf, p.287
188 Lay-by agreements must be in writing etc.
188(1) Lay-by agreements must be in writing etc.
Prohibits lay-by agreements without written consent.
188(2) Lay-by agreements must be in writing etc.
189 Termination charges
Commitment to pay termination charge is an offence
189(1) Termination charges
Temporal relation between supplier and consumer
Consumer must pay termination charge at a specific time
Prohibition of paying termination charge
Agreement requires consumer to pay termination charge
Consumer is not liable for termination charge if supplier breaches agreement.
189(2) Termination charges
Consumer is not liable for termination charge.
Supplier commits an offence if termination charge exceeds reasonable costs.
189(3) Termination charges
the supplier must pay the termination charge.
Supplier has a duty to pay termination charge.
(3) A supplier of goods who is a party to a lay-by agreement commits an offence if:
the supplier may dispute the termination charge.
The excerpt permits the supplier to dispute the termination charge.
the consumer has a right to claim the termination charge.
The excerpt creates a right for the consumer to claim termination charge.
the supplier undertakes to pay the termination charge.
The excerpt requires the supplier to undertake to pay the termination charge.
the supplier must provide evidence of their costs.
The excerpt requires a trace of the supplier's costs.
19 Application of this Part to information providers
19 Sept 2025
19 June
19 June 1975 (s 2)
Trade Practices Amendment (Industry Access Codes) Act 1997
19 Dec
19 Dec 2002 (s 2)
Conditional commencement of Industry, Tourism and Resources Legislation Amendment Act 2003
19 Mar
Conditional commencement of Statute Law Revision Act 2010
19 Feb
This Part does not apply to a publication of matter by an information provider if the conditions are met.
19(1) Application of this Part to information providers
The provision applies to publications made by the Australian Broadcasting Corporation, the Special Broadcasting Service Corporation, or the holder of a licence granted under the Broadcasting Services Act 1992.
The provision applies to publications made in the course of carrying on a business of providing information.
The provision does not apply to the specified information providers.
(1) This Part does not apply to a publication of matter by an information provider if:
The provision applies to publications by way of radio or television broadcast.
19(2) Application of this Part to information providers
19(3) Application of this Part to information providers
Exemptions for certain publications related to land interests
19(4) Application of this Part to information providers
An information provider is defined as a person carrying on a business of providing information.
19(5) Application of this Part to information providers
Therefore, an information provider is defined as a person carrying on a business of providing information.
An information provider is a person who carries on a business of providing information.
19(6) Application of this Part to information providers
competition-and-consumer-act-2010.pdf, p.288
190 Termination of lay-by agreements by suppliers
Termination of lay-by agreements by suppliers is prohibited.
190(1) Termination of lay-by agreements by suppliers
Prohibits termination of lay-by agreements by suppliers.
Consumer breach, supplier cessation, or unavailability of goods exempt from lay-by agreement termination
190(2) Termination of lay-by agreements by suppliers
Strict liability offence for termination of lay-by agreements by suppliers
190(3) Termination of lay-by agreements by suppliers
191 Refund of amounts
Failure to refund consumer amounts under lay-by agreement is prohibited.
191(1) Refund of amounts
Temporal relation between lay-by agreement termination and supplier's obligation to refund.
(1) A supplier of goods who is a party to a lay-by agreement commits an offence if...
...and the supplier fails to refund all the amounts paid by the consumer.
Knowledge representation of lay-by agreement termination and supplier's obligation to refund.
...refund all the amounts paid by the consumer.
Prohibition of failing to refund consumer amounts.
Recurring trace of consumer's payment under lay-by agreement.
Validation of lay-by agreement termination and supplier's obligation to refund against a schema.
191(2) Refund of amounts
competition-and-consumer-act-2010.pdf, p.289
191A Gift cards to be redeemable for at least 3 years
Supplies gift card to consumer before it ceases to be redeemable within 3 years is an offence.
191A(1) Gift cards to be redeemable for at least 3 years
The day the gift card ceases to be redeemable must be within 3 years after the day of supply.
Requires that the day the gift card ceases to be redeemable is within 3 years after the day of supply.
(b) the day the gift card ceases to be redeemable is earlier than 3 years after the day of that supply.
Implies that supplying a gift card to a consumer before it ceases to be redeemable within 3 years is an offence.
(a) the person, in trade or commerce, supplies a gift card to a consumer;
Prohibits supplying gift card to consumer before it ceases to be redeemable within 3 years.
The supplier must ensure that the gift card ceases to be redeemable within 3 years after supply.
Imposes an obligation on the supplier to ensure that the gift card ceases to be redeemable within 3 years after supply.
The supply of gift cards must be recurring.
Requires that the supply of gift cards is recurring.
Strict liability offence for not making gift cards redeemable for at least 3 years.
191A(2) Gift cards to be redeemable for at least 3 years
(i) the date the gift card ceases to be redeemable; (ii) the month and year the gift card ceases to be redeemable; (iii) the date the gift card is supplied and a statement that identifies the period during which the gift card is redeemable; (iv) the month and year the gift card is supplied and a statement that identifies the period during which the gift card is redeemable; (v) the words “no expiry date” or words to that effect.
Gift card must appear prominently with certain information
191B When gift card ceases to be redeemable to appear prominently
(i) the date the gift card ceases to be redeemable; (ii) the month and year the gift card ceases to be redeemable;
Identify required information on gift cards
competition-and-consumer-act-2010.pdf, p.290
191C Terms and conditions not to allow post-supply fees
Prohibits post-supply fees for gift cards
191C(1) Terms and conditions not to allow post-supply fees
An offence against subsection (1) is an offence of strict liability.
191C(2) Terms and conditions not to allow post-supply fees
191D Post-supply fees not to be demanded or received
Demanding or receiving post-supply fees is prohibited.
191D(1) Post-supply fees not to be demanded or received
Prohibition of demanding or receiving post-supply fees.
Post-supply fees not to be demanded or received
191D(2) Post-supply fees not to be demanded or received
An offence against subsection (1) is not an offence of strict liability if post-supply fees are demanded or received.
(2) An offence against subsection (1) is an offence of strict liability.
191E Regulations may limit the application of this Division
competition-and-consumer-act-2010.pdf, p.292
192 Prescribed requirements for warranties against defects
Giving false warranty documents or representations to consumers is prohibited.
192(1) Prescribed requirements for warranties against defects
An offence is committed if the person, in connection with the supply, in trade or commerce, of goods or services to a consumer: ...
Prohibition of false warranty documents or representations.
The person gives to the consumer a document that evidences a warranty against defects and that does not comply with the requirements prescribed for the purposes of section 102(1); or represents directly to the consumer that the goods or services are goods or services to which such a warranty against defects relates.
Representation to consumers is prohibited.
The person represents directly to the consumer that the goods or services are goods or services to which such a warranty against defects relates.
Implication of false warranty documents or representations.
Offence of strict liability for non-compliance with warranty requirements.
192(2) Prescribed requirements for warranties against defects
193 Repairers must comply with prescribed requirements
Accepting goods for repair without proper notice is an offence.
193(1) Repairers must comply with prescribed requirements
Prohibition of accepting goods for repair without notice.
Accepting goods for repair without proper notice.
193(2) Repairers must comply with prescribed requirements
competition-and-consumer-act-2010.pdf, p.293
194 Supplying etc. consumer goods that do not comply with safety
Supplying non-compliant consumer goods is an offence.
194(1) Supplying etc. consumer goods that do not comply with safety
Prohibition of supplying non-compliant goods.
(a) the person, in trade or commerce, supplies consumer goods...
(c) those goods do not comply with the standard.
Offering non-compliant consumer goods is an offence.
194(2) Supplying etc. consumer goods that do not comply with safety
Manufacturing, possessing or controlling non-compliant consumer goods is an offence.
194(3) Supplying etc. consumer goods that do not comply with safety
...a particular kind; and...those goods do not comply with the standard.
The provision applies to consumer goods manufactured, possessed or controlled at any time after the safety standard came into force.
...those goods do not comply with the standard.
Prohibits manufacturing, possessing or controlling non-compliant consumer goods.
Exemption from subsection (3) for non-export purposes
194(4) Supplying etc. consumer goods that do not comply with safety
Committing an offence for supplying non-compliant consumer goods
194(5) Supplying etc. consumer goods that do not comply with safety
competition-and-consumer-act-2010.pdf, p.294
195 Supplying etc. product related services that do not comply with
Supplying product related services that do not comply with safety standards is an offence.
195(1) Supplying etc. product related services that do not comply with
The provision indicates that supplying product related services that do not comply with safety standards overlaps with the definition of an offence.
Indicates that supplying product related services that do not comply with safety standards overlaps with the definition of an offence.
(c) those services do not comply with the standard;
An offence is committed if those services do not comply with the standard.
(a) the person, in trade or commerce, supplies product related services of a particular kind;
The provision imposes an obligation on individuals to supply product related services that comply with the standard.
Imposes a duty on individuals to supply product related services that comply with safety standards.
The provision prohibits individuals from supplying product related services that do not comply with the standard.
Prohibits individuals from supplying product related services that do not comply with safety standards.
Offering non-compliant product-related services is an offence.
195(2) Supplying etc. product related services that do not comply with
Offering non-compliant services is an offence
Safety standard for services is in force
Penalty for supplying product related services that do not comply with regulations.
195(3) Supplying etc. product related services that do not comply with
195(4) Supplying etc. product related services that do not comply with
Analyzes the financial impact of the breach on the body corporate
(4) An offence against subsection (1) or (2)
Spreads the fine across related bodies corporate
195(5) Supplying etc. product related services that do not comply with
Provides justification for the fine amount
competition-and-consumer-act-2010.pdf, p.295
196 Requirement to nominate a safety standard
Refusal to comply with a request is an offence.
196(1) Requirement to nominate a safety standard
Refusal or failure to comply is an offence.
Temporal relation between request and refusal/failure to comply.
Prohibition on refusing or failing to comply with a request.
Recurring trace of refusal or failure to comply as an offence.
Offence of strict liability for failing to nominate a safety standard.
196(2) Requirement to nominate a safety standard
competition-and-consumer-act-2010.pdf, p.296
197 Supplying etc. consumer goods covered by a ban
Supplying consumer goods covered by a ban is prohibited.
197(1) Supplying etc. consumer goods covered by a ban
...an interim ban on goods of that kind is in force in the place where the supply occurs; or...
Prohibits supplying consumer goods covered by a ban.
197(2) Supplying etc. consumer goods covered by a ban
Identifies temporal interval in prohibiting supplying consumer goods covered by a ban.
(2) A person commits an offence if: (a) the person, in trade or commerce, offers for supply (other than for export) consumer goods of a particular kind; and (b) the supply would be prohibited by subsection (1).
The person has an obligation to not supply.
Imposes an obligation to not supply consumer goods covered by a ban.
Diffuses obligation to not supply consumer goods covered by a ban.
Identifies recurring trace in supplying consumer goods covered by a ban.
Manufacturing, possessing or controlling consumer goods of a particular kind is prohibited if supply would be prohibited by subsection (1).
197(3) Supplying etc. consumer goods covered by a ban
(3) A person commits an offence if: (a) the person, in or for the purposes of trade or commerce, manufactures, possesses or has control of consumer goods of a particular kind; and (b) supply of the goods would be prohibited by subsection (1).
Prohibits the manufacture, possession or control of consumer goods.
Manufacturing, possessing or controlling is an obligation to comply with subsection (1).
If supply is prohibited, then manufacturing, possessing or controlling is prohibited.
197(4) Supplying etc. consumer goods covered by a ban
Exporting consumer goods of a particular kind is prohibited if supply would be prohibited by subsection (1).
197(5) Supplying etc. consumer goods covered by a ban
Approval required for export of goods under section 118(5)
197(6) Supplying etc. consumer goods covered by a ban
Offences of strict liability for supplying consumer goods covered by a ban
197(7) Supplying etc. consumer goods covered by a ban
Defines temporal interval for offences of strict liability
Classifies offences of strict liability using CogAI
Diffuses definition of offences of strict liability
Defines recurring trace for offences of strict liability
197(8) Supplying etc. consumer goods covered by a ban
Fine for committing an offence by a natural person
197(9) Supplying etc. consumer goods covered by a ban
competition-and-consumer-act-2010.pdf, p.297
198 Supplying etc. product related services covered by a ban
Supplying product related services of a particular kind is prohibited when an interim or permanent ban is in force.
198(1) Supplying etc. product related services covered by a ban
Offering product-related services covered by a ban is an offence.
198(2) Supplying etc. product related services covered by a ban
...the supply would be prohibited by subsection (1).
Temporal interval for offering product-related services covered by a ban.
Knowledge representation of product-related services as covered by a ban.
Prohibition of offering product-related services covered by a ban.
Recurring trace of offering product-related services covered by a ban.
Validation of product-related services covered by a ban.
Offences of strict liability for supplying product related services covered by a ban
198(3) Supplying etc. product related services covered by a ban
Prohibits supplying product related services covered by a ban
competition-and-consumer-act-2010.pdf, p.299
199 Compliance with recall orders
Refusal to comply with recall notice is an offence.
199(1) Compliance with recall orders
Obligation to comply with recall notice.
(a) a recall notice for consumer goods is in force; and (b) the notice requires the person...
Prohibition on refusing to comply with recall notice.
(c) the person refuses or fails to comply with the notice.
Supplies consumer goods with identified defects or dangerous characteristics.
199(2) Compliance with recall orders
Supplies are prohibited during the period of the recall notice.
(2) A person commits an offence if: (a) a recall notice for consumer goods is in force; and (b) the person, in trade or commerce:
Recall notices detect defects or dangerous characteristics in consumer goods.
Prohibits supplying consumer goods with identified defects or dangerous characteristics.
Recall notices spread to all suppliers of consumer goods.
Penalty for non-compliance with recall orders
199(3) Compliance with recall orders
199(4) Compliance with recall orders
2 Definitions
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982
2 Dec 1981
2 Apr 2012 (s 2(1) item 2)
2 Mar 2021
Defines terms used in the Australian Consumer Law Defines terms related to consumer contracts and small business contracts. Defines terms and concepts used in the Australian Consumer Law.
2(1) Definitions
Defines terms used in the Australian Consumer Law
Defines obligations for credit providers and consumers
These definitions apply to this Schedule.
Asserts the definitions of terms and concepts.
The Australian Consumer Law defines terms and concepts used in this Schedule.
Compliance with these definitions is required.
Requires compliance with these definitions.
A person must comply with the definitions in subsection (1).
The expression is a synonym for the expression in the A New Tax System (Goods and Services Tax) Act 1999.
Classifies expressions as synonyms or antonyms
Expressions used in this definition that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act.
...and the definition applies to all cases
These definitions are applicable to this Part.
Applies these definitions to the Australian Consumer Law.
The definitions in subsection (1) apply to this Part.
Definition of 'conduct' for the purpose of this Schedule.
2(2) Definitions
This definition applies to the purpose of this Schedule.
The expression 'conduct' is defined in this section.
competition-and-consumer-act-2010.pdf, p.123
20 Unconscionable conduct within the meaning of the unwritten law
Water Amendment (Restoring Our Rivers) Act 2023
20 Sept 2023
Conditional commencement of Scams Prevention Framework Act 2025
20 Feb 2025
Conditional commencement of Treasury Laws Amendment (Payments System Modernisation) Act 2025
20 June
20 July
competition-and-consumer-act-2010.pdf, p.411
20 Mar
Australian Energy Market Amendment (Minor Amendments) Act 2008
20 Mar 2008 (s 2)
Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023
Prohibition on unconscionable conduct in trade or commerce
20(1) Unconscionable conduct within the meaning of the unwritten law
Exempt from unconscionable conduct meaning under unwritten law
20(2) Unconscionable conduct within the meaning of the unwritten law
(2) This section does not apply to conduct that is prohibited by section 21.
Exempt from unconscionable conduct meaning
competition-and-consumer-act-2010.pdf, p.300
200 Notification by persons who supply consumer goods outside
Refusal to provide required notice results in an offence.
200(1) Notification by persons who supply consumer goods outside
Prohibition of refusal to provide required notice.
Section 125(4) requires giving a copy of notice.
Strict liability offence for notification by persons who supply consumer goods outside
200(2) Notification by persons who supply consumer goods outside
201 Notification requirements for a voluntary recall of consumer
Refusal to provide notice in a voluntary recall of consumer
201(1) Notification requirements for a voluntary recall of consumer
Refusal of notice occurs before or after the notice requirement
Temporal relation between refusal and notice requirement
Section 128(2) requires notice to the Commonwealth Minister at some point
Refusal of notice is represented in knowledge representation
Knowledge representation of refusal and notice requirement
Section 128(2) requires notice to the Commonwealth Minister in knowledge representation
Section 128(2) requires notice to the Commonwealth Minister
Refusal of notice has a diffusive effect on the system
Refusal of notice affects the entire system
Refusal of notice is part of a recurring pattern
Recurring trace of refusal and notice requirement
Section 128(2) requires notice to the Commonwealth Minister repeatedly
Refusal to provide required notice for voluntary recall of consumer goods
201(2) Notification requirements for a voluntary recall of consumer
The person's refusal to provide the notice overlaps with the required period
Temporal overlap between required notice and refusal to provide it
Section 128(6) requires giving a copy of the notice before a certain date
If the person refuses, they commit an offence
Refusal to provide notice implies an offence
Section 128(6) requires giving a copy of the notice
The person's refusal to comply may impact AI systems that use the notice
Refusal to provide notice has consequences for AI systems that rely on it
Prohibition on refusing to provide required notice
The person's refusal to comply affects others who may rely on the notice
Refusal to provide notice affects others who rely on it
Section 128(6) requires giving a copy of the notice to the Commonwealth Minister
Offences of strict liability for notification requirements
201(3) Notification requirements for a voluntary recall of consumer
competition-and-consumer-act-2010.pdf, p.302
202 Suppliers to report consumer goods etc. associated with the
Refusal to give notice as required by section 131 or 132 is an offence.
202(1) Suppliers to report consumer goods etc. associated with the
Strict liability offence for reporting consumer goods
202(2) Suppliers to report consumer goods etc. associated with the
competition-and-consumer-act-2010.pdf, p.303
203 Supplying etc. goods that do not comply with information
Supplying goods that do not comply with information standard is an offence.
203(1) Supplying etc. goods that do not comply with information
(a) the person, in trade or commerce, supplies goods of a particular kind; and (b) an information standard for goods of that kind is in force; and (c) the person has not complied with the standard in relation to the goods.
Implies that supplying goods that do not comply with information standard is an offence.
Offering goods that do not comply with information standard is an offence.
203(2) Supplying etc. goods that do not comply with information
(2) A person commits an offence if: (a) the person, in trade or commerce, offers for supply goods of a particular kind; and (b) an information standard for goods of that kind is in force; and (c) the person has not complied with the standard in relation to the goods.
Prohibits offering goods that do not comply with information standard.
Manufacturing, possessing or controlling goods without complying with a standard is an offence.
203(3) Supplying etc. goods that do not comply with information
The person's actions (manufacturing, possessing or controlling) overlap with the standard.
Identifies temporal overlap between actions and standards
An information standard for goods of that kind is in force.
An offence is committed if the person has not complied with the standard in relation to the goods.
Manufacturing, possessing or controlling goods without complying with a standard.
The person must comply with the standard in relation to the goods.
The person manufactures, possesses or has control of goods of a particular kind.
The person is permitted to comply with the standard in relation to the goods.
Grants permission to comply with standards
The person's actions (manufacturing, possessing or controlling) repeat with the standard.
Identifies recurring trace between actions and standards
Exemption from subsection (3) if goods are not manufactured, possessed or controlled for supply.
203(4) Supplying etc. goods that do not comply with information
Goods intended for use outside Australia are exempt from certain provisions.
203(5) Supplying etc. goods that do not comply with information
competition-and-consumer-act-2010.pdf, p.305
204 Supplying etc. services that do not comply with information
Supplying services that do not comply with information standards is prohibited.
204(1) Supplying etc. services that do not comply with information
the person has not complied with the standard in relation to the services.
Supplies services during a time when an information standard is in force.
(a) the person, in trade or commerce, supplies services of a particular kind; and (b) an information standard for services of that kind is in force;
Supplies services through a process that involves an information standard.
Prohibits supplying services that do not comply with information standards.
Supplies services until an information standard is no longer in force.
Offering services that do not comply with an information standard is prohibited.
204(2) Supplying etc. services that do not comply with information
...the person has not complied with the standard in relation to the services.
Temporal interval of non-compliance with an information standard.
Classification of non-compliance as a prohibited act by CogAI.
Prohibition of non-compliance with an information standard.
Diffusion of non-compliance with an information standard.
Recurring trace of non-compliance with an information standard.
Penalty for non-compliance with information services
204(3) Supplying etc. services that do not comply with information
204(4) Supplying etc. services that do not comply with information
(4) An offence against subsection (1) or (2) committed by a body corporate is punishable on conviction...
Recognizes the entity (body corporate) liable for the fine
Defines the recurring trace for the adjusted turnover during the breach turnover period
Validates the schema for the fine amount
competition-and-consumer-act-2010.pdf, p.307
205 Compliance with substantiation notices
Refusal to comply with substantiation notice within specified period is an offence.
205(1) Compliance with substantiation notices
Obligation to comply with substantiation notice
Refusal to provide information or document in compliance with substantiation notice
205(2) Compliance with substantiation notices
Prohibits refusal to provide information or document
Offence of strict liability for non-compliance with substantiation notices
205(3) Compliance with substantiation notices
Giving false or misleading information to the regulator is prohibited.
206 False or misleading information etc.
Prohibition of false or misleading information
competition-and-consumer-act-2010.pdf, p.309
207 Reasonable mistake of fact
Defence for reasonable mistake of fact in prosecution
207(1) Reasonable mistake of fact
Defence available if mistake of fact is reasonable
Imposes duty on the prosecution to prove facts
Imposes duty on the defendant to correct mistake of fact
Permits defence for reasonable mistake of fact
Mistake of fact is reasonable if reliance is reasonable
Relies on information supplied by another person
Defence available if mistake of fact is within the interval
Mistake of fact occurred within a temporal interval
Defendant is not liable if information relied upon was supplied by another person.
207(2) Reasonable mistake of fact
Defendant's liability is obligation-based.
Court permission required for reliance on information from another person.
207(3) Reasonable mistake of fact
Defendant is not entitled to rely on the defence unless court gives leave.
Defendant must obtain court leave to rely on information from another person.
Defendant is not entitled to rely on the defence unless they have served notice on the person who instituted the proceeding.
Court permission is required for reliance on information from another person.
Defendant must serve notice on the person who instituted the proceeding within 7 days before the hearing commences.
Defendant must believe that they had information that would identify or assist in identifying the other person.
Defendant has not provided sufficient evidence to rely on the defence unless they have served notice on the person who instituted the proceeding.
Defendant is not entitled to rely on the defence unless they have served notice on the person who instituted the proceeding within 7 days before the hearing commences.
The interval between serving notice and the hearing commences must be considered.
Defendant has not provided sufficient evidence to rely on the defence unless they have served notice on the person who instituted the proceeding within 7 days before the hearing commences.
Defence in prosecution for contravention of Chapter provision
208 Act or default of another person etc.
competition-and-consumer-act-2010.pdf, p.310
Defendant must prove they are a business publisher and received advertisement in ordinary course of business to avoid prosecution for contravention.
209 Publication of advertisements in the ordinary course of business
Defendant has an obligation to prove they are a business publisher and received advertisement in ordinary course of business.
21 Unconscionable conduct in connection with goods or services
21 Dec 1990 (s 2)
21 Dec
Commencement date of Water (Consequential Amendments) Act 2007
21 June
Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008
21 Nov
Trade Practices Amendment (Clarity in Pricing) Act 2008
21 Sept 2023 (s 2(1)
21(1) Unconscionable conduct in connection with goods or services
...engage in conduct that is, in all the circumstances, unconscionable.
Establishes a causal link between conduct and its prohibition
Identifies the prohibited conduct as a pattern
Spreads the prohibition to related concepts
21(2) Unconscionable conduct in connection with goods or services
Exemptions from the obligation to refrain from unconscionable conduct
The person engaging in the conduct is exempt if...
Must not have regard to unforeseeable circumstances when determining contravention
21(3) Unconscionable conduct in connection with goods or services
No consideration of unforeseeable circumstances
Court must not have regard to unforeseeable circumstances
210 Supplying goods acquired for the purpose of re-supply
Defence for supplying goods in contravention of section 194 or 203
210(1) Supplying goods acquired for the purpose of re-supply
the defendant had not complied with the information standard to which the contravention relates;
Temporal relation between defendant's acquisition and re-supply
(a) the goods were acquired by the defendant for the purpose of re-supply;
it is a defence if the defendant proves...
the defendant did not know, and could not with reasonable diligence have ascertained...
(ii) relied in good faith on a representation by the person from whom the defendant acquired the goods that there was no safety standard for such goods;
the defendant relied in good faith on a representation by the person from whom the defendant acquired the goods that there was no safety standard for such goods;
(i) did not know, and could not with reasonable diligence have ascertained...
Written notice within 7 days before proceeding commences
Notice requirement for defendant to rely on defence
210(2) Supplying goods acquired for the purpose of re-supply
Defendant needs permission to rely on defence
Court gives leave or defendant provides notice
Defendant must know about notice requirement
Notice provided within 7 days before proceeding commences
Notice must be recurring trace of defendant's actions
competition-and-consumer-act-2010.pdf, p.312
211 Supplying services acquired for the purpose of re-supply
Defence for supplying services acquired for re-supply in contravention of sections 195 or 204.
211(1) Supplying services acquired for the purpose of re-supply
Defence relies on good faith representation about lack of safety standard or information standard.
211(2) Supplying services acquired for the purpose of re-supply
competition-and-consumer-act-2010.pdf, p.313
Prosecution must be commenced within 3 years after commission of offence.
212 Prosecutions to be commenced within 3 years
Court must give preference to making an order for compensation if defendant cannot pay fine and compensation.
213 Preference must be given to compensation for victims
Court must give preference to making an order for compensation.
competition-and-consumer-act-2010.pdf, p.314
214 Penalties for contraventions of the same nature etc.
Maximum fine for multiple contraventions of the same provision
214(1) Penalties for contraventions of the same nature etc.
The contraventions occur at or about the same time
Describes the temporal relationship between contraventions
Prohibits exceeding maximum fine for multiple contraventions
The person is subject to multiple contraventions
Describes a recurring pattern of contraventions
Penalties for contraventions of the same nature etc.
214(2) Penalties for contraventions of the same nature etc.
215 Penalties for previous contraventions of the same nature etc.
Cannot impose a fine exceeding the difference between maximum and previous fines.
215(1) Penalties for previous contraventions of the same nature etc.
The amount of the fine, or the sum of the amounts of the fines, referred to in paragraph (b)
Fines exceed the difference between maximum and previous fines.
(b) a fine has, or fines have, previously been imposed on the person by the court for an offence or offences constituted by, or relating to, another contravention or other contraventions of the same provision;
The court must not, in respect of the offence mentioned in paragraph (a), impose on the person a fine that exceeds the amount...
(a) a person is convicted of an offence constituted by, or relating to, a contravention of a provision of this Chapter;
If previous fines exceed the difference between maximum and previous fines, then the court cannot impose a higher fine.
(c) the contravention, or each of the contraventions, mentioned in paragraph (b) appear to the court:
Fine for previous contraventions of the same nature etc.
215(2) Penalties for previous contraventions of the same nature etc.
competition-and-consumer-act-2010.pdf, p.315
Granting of injunctions in proceedings for contravention
216 Granting of injunctions etc.
Criminal proceedings not allowed for contraventions of Chapter 2 or 3
217 Criminal proceedings not to be brought for contraventions of
Prohibits criminal proceedings for contraventions of Chapter 2 or 3
competition-and-consumer-act-2010.pdf, p.317
218 Regulator may accept undertakings
Regulator may accept a written undertaking.
218(1) Regulator may accept undertakings
Regulator may accept undertakings with consent.
218(2) Regulator may accept undertakings
Regulator may apply to court for an order if undertaking is breached.
218(3) Regulator may accept undertakings
Regulator has obligation to apply for court order.
Court orders to comply with breach of undertaking terms
218(4) Regulator may accept undertakings
The court may make all or any of the following orders:
Temporal interval for breach of undertaking terms
(4) If the court is satisfied that the person has breached a term of the undertaking...
Implication of breach of undertaking terms on court orders
Inference of breach of undertaking terms from court satisfaction
Obligation to comply with breach of undertaking terms
Diffusion of breach of undertaking terms to other parties
competition-and-consumer-act-2010.pdf, p.318
219 Regulator may require claims to be substantiated etc.
Regulator may require claims to be substantiated.
219(1) Regulator may require claims to be substantiated etc.
Regulator may require claims to be substantiated etc.
219(2) Regulator may require claims to be substantiated etc.
Regulator requires claims to be substantiated
(a) substantiating or supporting the claim or representation; (b) if the claim or representation relates to a supply, or possible supply, of goods or services by the person or another person—substantiating the quantities in which, or the period for which, the person or other person is or will be able to make such a supply.
Regulator may require substantiation of claims or representations.
219(3) Regulator may require claims to be substantiated etc.
Claims or representations are substantiated.
(a) substantiating or supporting the claim or representation;
Regulator must provide notice with specific details.
219(4) Regulator may require claims to be substantiated etc.
Regulator may require substantiation of claims.
219(5) Regulator may require claims to be substantiated etc.
Exemptions for information providers making claims on behalf of another person
219(6) Regulator may require claims to be substantiated etc.
competition-and-consumer-act-2010.pdf, p.124
Court may have regard to various factors when determining whether a person has contravened section 21 in connection with the supply or possible supply of goods or services.
22 Matters the court may have regard to for the purposes of
22 Sept
22 Mar
22 Sept 2012 (s 2(1)
22 Feb
22 June 2020
Trade Practices (International Liner Cargo Shipping) Amendment Act 1989
22 May
Conditional commencement of Insurance Laws Amendment Act (No. 2)
22 Dec
22 Apr
Conditional commencement of Trade Practices Amendment (International Liner Cargo Shipping) Act
22 June
No clear duty, ban, grant permission, or create a right
Requires temporal intervals for commencement
The court must consider these factors when making a determination.
The court must consider the relative strengths of the bargaining positions of the supplier and the customer during the supply or possible supply of goods or services.
Section 22 lists factors that the court may have regard to, including the relative strengths of the bargaining positions of the supplier and the customer.
The court has an obligation to consider the factors listed in section 22 when determining whether a person has contravened section 21.
Section 22 lists various factors that the court may have regard to.
The supplier must comply with these conditions.
The supplier must comply with certain conditions when supplying goods or services.
Section 22 lists factors that the court may have regard to, including whether the customer was required to comply with conditions that were not reasonably necessary for the protection of the legitimate interests of the supplier.
These factors are relevant to determining whether a person has contravened section 21.
The court must consider all relevant factors listed in section 22 when determining whether a person has contravened section 21.
competition-and-consumer-act-2010.pdf, p.319
A person must comply with a substantiation notice within 21 days.
220 Extending periods for complying with substantiation notices
Must comply with a substantiation notice.
competition-and-consumer-act-2010.pdf, p.320
221 Compliance with substantiation notices
Comply with substantiation notice within specified period.
221(1) Compliance with substantiation notices
Compliance period for substantiation notices
221(2) Compliance with substantiation notices
Must comply with notice within specified period
(2) The substantiation notice compliance period for a substantiation notice is:
Classifies as obligation to comply with notice
The substantiation notice compliance period for a substantiation document is:
Refusal to provide information or document in response to substantiation notice
221(3) Compliance with substantiation notices
Obligation to comply with substantiation notices
222 False or misleading information etc.
Give false or misleading information to the regulator.
222(1) False or misleading information etc.
A person must not give false or misleading information to the regulator.
The regulator has issued a substantiation notice.
A person must not produce documents that contain false or misleading information to the regulator.
Prohibition of producing documents with false or misleading information.
A person must not give false or misleading information to the regulator in compliance with a substantiation notice.
Prohibition of giving false or misleading information in compliance with a substantiation notice.
Exemptions from the prohibition on providing false or misleading information
222(2) False or misleading information etc.
Exemptions from the obligation to provide true information
The provision does not apply to information that the person could not have known was false or misleading.
competition-and-consumer-act-2010.pdf, p.322
223 Regulator may issue a public warning notice
Regulator may issue a public warning notice about suspected contravention of Chapter 2, 3 or 4.
223(1) Regulator may issue a public warning notice
The regulator must issue a public warning notice.
(a) the regulator has reasonable grounds to suspect that the conduct may constitute a contravention of a provision of Chapter 2, 3 or 4;
(b) the regulator is satisfied that one or more other persons has suffered, or is likely to suffer, detriment as a result of the conduct;
(c) the regulator is satisfied that it is in the public interest to issue the notice;
Regulator believes conduct may constitute contravention of Chapter 2, 3 or 4.
Regulator believes conduct may cause detriment to others.
Regulator believes it is in public interest to issue notice.
Refusal to respond to substantiation notice may result in public warning notice.
223(2) Regulator may issue a public warning notice
Prohibition of refusing to respond to substantiation notice.
Regulator may issue a public warning notice if person refuses to respond.
competition-and-consumer-act-2010.pdf, p.323
Court may impose pecuniary penalties for contravening certain provisions.
224 Pecuniary penalties
...that a person has contravened any of the following provisions.
Defines temporal interval for court's satisfaction.
...a person must not contravene the provision.
Implies that court's satisfaction implies prohibition.
competition-and-consumer-act-2010.pdf, p.327
225 Pecuniary penalties and offences
Court must not make an order against a person convicted of an offence constituting substantially the same conduct as a consumer protection breach.
225(1) Pecuniary penalties and offences
Obligation to refrain from making an order
Proceedings for an order under section 224 are stayed if criminal proceedings are started or have already been started against the person for an offence.
225(2) Pecuniary penalties and offences
...if the person is not convicted of the offence.
Describes the temporal relationship between criminal proceedings and proceedings under section 224
(2) Proceedings for an order under section 224 against a person in relation to a consumer protection breach are stayed...
...the proceedings may be resumed if the person is not convicted of the offence.
Describes the inference of conclusions from premises about criminal proceedings and proceedings under section 224
Prohibits proceedings under section 224 if criminal proceedings are started or have already been started.
Describes the diffusion of information about criminal proceedings and proceedings under section 224
Describes the repetition of proceedings under section 224 if criminal proceedings are started or have already been started
Criminal proceedings can be started against a person for conduct substantially the same as a consumer protection breach.
225(3) Pecuniary penalties and offences
Evidence of certain information is not admissible in criminal proceedings against the individual.
225(4) Pecuniary penalties and offences
Prohibits evidence from being used in criminal proceedings.
competition-and-consumer-act-2010.pdf, p.328
Court may relieve person from liability to pecuniary penalty if they acted honestly and reasonably.
226 Defence
Person's conduct occurred during proceedings under section 224.
Excerpt mentions a temporal interval (proceedings under section 224).
Court may relieve person from liability.
Person has engaged in conduct that relates to a contravention of a provision.
Court may excuse person's conduct if they acted honestly and reasonably.
Court may relieve person from liability if they acted honestly and reasonably.
Court must relieve person from liability.
Court is obligated to relieve person from liability if they acted honestly and reasonably.
Court must give preference to making an order for compensation if defendant cannot pay both penalty and compensation.
227 Preference must be given to compensation for victims
The court must give preference to making an order for compensation between the time the defendant is ordered to pay the penalty and the time the defendant is able to pay the compensation.
The court must give preference to making an order for compensation.
If the defendant does not have sufficient financial resources, then the court must give preference to making an order for compensation.
The defendant does not have sufficient financial resources.
The obligation to give preference to making an order for compensation spreads to all courts that have jurisdiction over the defendant.
competition-and-consumer-act-2010.pdf, p.329
228 Civil action for recovery of pecuniary penalties
Regulator may institute a proceeding for recovery of pecuniary penalties.
228(1) Civil action for recovery of pecuniary penalties
Commencement of proceeding within 6 years after contravention or conduct.
228(2) Civil action for recovery of pecuniary penalties
The proceeding must occur within a temporal interval of 6 years.
Temporal interval within which proceeding must commence.
(2) A proceeding under subsection (1) may be commenced at any time within 6 years after the contravention or conduct.
A proceeding must be commenced within 6 years.
Obligation to commence proceeding within 6 years.
The commencement is part of a recurring trace.
229 Indemnification of officers
Indemnification of officers against certain liabilities is prohibited.
229(1) Indemnification of officers
(1) A body corporate (the first body), or a body corporate related to the first body, commits an offence if it indemnifies a person...
Knowledge representation of officers' indemnification
Outcome of proceedings is the outcome of proceedings and any appeal in relation to the proceedings.
229(2) Indemnification of officers
competition-and-consumer-act-2010.pdf, p.127
Presumptions relating to whether representations are misleading
22A Presumptions relating to whether representations are
competition-and-consumer-act-2010.pdf, p.128
23 Unfair terms of consumer contracts and small business contracts
23 Aug
23 June 2020 (s 2(1)
Jurisdiction of Courts Legislation Amendment Act 2000
23 Dec
23 Sept
Repeals and consequential amendments to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006
23 Mar
Mandatory compliance with certain items in schedules 1 and 3.
Unfair terms in consumer contracts and small business contracts are void.
23(1) Unfair terms of consumer contracts and small business contracts
Establishes temporal relations between terms.
Prohibits unfair terms in consumer contracts and small business contracts.
(1) A term of a consumer contract or small business contract is void if: (a) the term is unfair; and (b) the contract is a standard form contract.
Contract continues to bind parties if it can operate without the unfair term.
23(2) Unfair terms of consumer contracts and small business contracts
The contract continues to bind the parties until a later time.
Contract continues to bind parties if it is capable of operating without the unfair term.
The contract continues to bind the parties using cognitive AI.
The contract continues to bind the parties.
The contract continues to bind the parties in a diffusive pattern.
The contract continues to bind the parties in a recurring pattern.
Recurring trace for contract continuation
Contravention of unfair terms in consumer contracts and small business contracts
23(2A) Unfair terms of consumer contracts and small business contracts
Temporal relation between the proposal of an unfair term and its contravention
(2A) A person contravenes this subsection...
...the contract is a consumer contract or small business contract.
Classification of standard form contracts as consumer or small business contracts based on their value
Prohibition of unfair terms in consumer contracts and small business contracts
...the contract is a standard form contract; and...the person proposed the unfair term.
Conditional relation between the proposal of an unfair term and its contravention
Commitment to separate contravention for each unfair term
23(2B) Unfair terms of consumer contracts and small business contracts
Establishes temporal relation between contraventions
(2B) A person who contravenes subsection (2A) commits a separate contravention of that subsection in respect of each term that is unfair and that the person proposed.
Establishes knowledge representation for contraventions
Establishes diffusive relation between contraventions
Establishes recurring trace for contraventions
23(2C) Unfair terms of consumer contracts and small business contracts
Contract is a consumer contract or small business contract
23(3) Unfair terms of consumer contracts and small business contracts
wholly or predominantly for personal, domestic or household use
acquisition of the goods, services or interest is wholly or predominantly for personal, domestic or household use
a supply of goods or services; or a sale or grant of an interest in land;
(3) A consumer contract is a contract for:
to an individual whose acquisition of the goods, services or interest is wholly or predominantly for personal, domestic or household use or consumption.
is wholly or predominantly for personal, domestic or household use or consumption.
Contract is a small business contract if certain conditions are met.
23(4) Unfair terms of consumer contracts and small business contracts
Therefore, it is a small business contract.
Employment count for consumer contracts and small business contracts
23(5) Unfair terms of consumer contracts and small business contracts
Party's turnover for a period is the sum of values of all supplies made during the period, excluding certain types.
23(6) Unfair terms of consumer contracts and small business contracts
230 Certain indemnities not authorised and certain documents void
230(1) Certain indemnities not authorised and certain documents void
Anything that purports to indemnify a person against a liability is void if it contravenes section 229.
230(2) Certain indemnities not authorised and certain documents void
Prohibits indemnification against liability
competition-and-consumer-act-2010.pdf, p.330
232 Injunctions
Granting of injunctions for contravention of provisions in Chapters 2, 3 or 4.
232(1) Injunctions
Prohibition of aiding, abetting, counselling or procuring conduct
(c) aiding, abetting, counselling or procuring...
Prohibition of inducing or attempting to induce conduct
(d) inducing, or attempting to induce...
Prohibition of being knowingly concerned in contravention
(e) being in any way, directly or indirectly...
Tracing of contraventions and attempts to contravene provisions
(f) conspiring with others to contravene...
Court may grant injunction on application by regulator or any other person.
232(2) Injunctions
Court power to grant injunction without intent or previous conduct
232(4) Injunctions
The court may only grant an injunction if the person intends to engage again or continues to engage in such conduct.
Restricts court power to grant injunction based on intent and previous conduct
(a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of a kind referred to in that subsection;
The court may only grant an injunction if the person has previously engaged in such conduct.
Restricts court power to grant injunction based on previous conduct
(b) whether or not the person has previously engaged in conduct of that kind;
The court may only grant an injunction if there is an imminent danger of substantial damage.
Restricts court power to grant injunction based on imminent danger
(c) whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.
The court may only grant an injunction if it is possible that such damage will occur.
Court power to grant injunction depends on possibility of imminent danger
The court may only grant an injunction until such time as it becomes possible that such damage will occur.
Court power to grant injunction until imminent danger occurs
Restraining a person from carrying on a business or supplying goods or services.
232(5) Injunctions
Prohibits carrying on a business or supplying goods or services.
Granting of injunctions to require specific actions
232(6) Injunctions
Temporal relations between actions and injunctions
(6) Without limiting subsection (1), the court may grant an injunction under that subsection requiring a person to do any of the following:
Knowledge representation of actions subject to injunctions
the court may grant an injunction under that subsection requiring a person to do any of the following:
Diffusion of injunctions to require specific actions
Recurring traces between actions and injunctions
Court power to grant injunction regardless of person's intentions or previous actions.
232(7) Injunctions
The court can grant an injunction regardless of the person's intentions.
Court can grant injunction regardless of person's intentions.
(7) The power of the court to grant an injunction under subsection (1)
The court must grant an injunction if there is imminent danger of substantial damage.
Court must grant injunction if there is imminent danger of substantial damage.
The court can grant an injunction regardless of the person's previous actions.
Court can grant injunction regardless of person's previous actions.
The court knows that there is imminent danger of substantial damage if it grants an injunction.
Court knows that there is imminent danger of substantial damage if it grants an injunction.
The injunction can be granted until the person does the act or thing.
Injunction can be granted until the person does the act or thing.
competition-and-consumer-act-2010.pdf, p.331
Court may grant injunction by consent of all parties.
233 Consent injunctions
234 Interim injunctions
Grant interim injunction under certain circumstances.
234(1) Interim injunctions
Court must not require applicant or any person to provide something if a responsible Minister or regulator made the application under section 232.
234(2) Interim injunctions
Court must not require applicant or any person to provide something.
Responsible Minister or regulator made the application under section 232.
competition-and-consumer-act-2010.pdf, p.332
Court may vary or discharge an injunction
235 Variation and discharge of injunctions
Obligation to vary or discharge an injunction
competition-and-consumer-act-2010.pdf, p.333
236 Actions for damages
Claimant may recover loss or damage from another person involved in contravention of Chapter 2 or 3 provisions.
236(1) Actions for damages
...because of the conduct of another person;
Temporal interval between conduct and loss or damage.
...recover the amount of the loss or damage.
Obligation to provide compensation for loss or damage.
Action for damages can be commenced within 6 years after the day on which the cause of action accrued.
236(2) Actions for damages
Permission to commence an action within a time limit
competition-and-consumer-act-2010.pdf, p.334
237 Compensation orders etc. on application by an injured person
Court may make order against person who engaged in conduct contravening a provision of Chapter 2, 3 or 4.
237(1) Compensation orders etc. on application by an injured person
Compensation orders must compensate or prevent loss/damage
237(2) Compensation orders etc. on application by an injured person
Application for compensation order can be made within 6 years of the cause of action accruing.
237(3) Compensation orders etc. on application by an injured person
238 Compensation orders etc. arising out of other proceedings
Court may make order against person engaging in conduct contravening a provision of Chapter 2, 3 or 4.
238(1) Compensation orders etc. arising out of other proceedings
Compensation order must compensate or prevent loss/damage
238(2) Compensation orders etc. arising out of other proceedings
competition-and-consumer-act-2010.pdf, p.335
If a person engages in contravening conduct, the state may take action.
239 Orders to redress etc. loss or damage suffered by non-parties
competition-and-consumer-act-2010.pdf, p.130
24 Meaning of unfair
24 June 2021
Conditional commencement and transitional provisions for the Postal and Telecommunications Commissions Act 1975
24 Aug
24 Apr
24 Dec
Commencement of Telecommunications Legislation Amendment Act 1997
24 Oct
Trade Practices Amendment (Access Declarations) Act 2008
24 Sept
24 July 2009 (s 2(1)
Public Governance and Resources Legislation Amendment Act (No. 1) 92, 2017
A term of a consumer contract or small business contract is unfair if it would cause a significant imbalance in the parties' rights and obligations arising under the contract.
24(1) Meaning of unfair
The Allen interval requires a temporal relation between the application of the term and its detriment.
Requires a temporal relation between the application of the term and its detriment.
(1) A term of a consumer contract or small business contract is unfair...
The cognitive AI applies to consumer contracts and small business contracts.
Applies to cognitive AI for consumer contracts and small business contracts.
The state must ensure fairness in consumer contracts.
Imposes a duty on the state to ensure fairness in consumer contracts.
The diffusion logic applies to consumer contracts and small business contracts.
Applies to diffusion logic for consumer contracts and small business contracts.
The LTL requires an ordered trace of the parties' rights and obligations arising under the contract.
Requires an ordered trace of the parties' rights and obligations arising under the contract.
Court must consider certain factors when determining if a contract term is unfair.
24(2) Meaning of unfair
Consider relevant matters within a timeframe.
but must take into account the following:
(2) In determining whether a term of a contract is unfair under subsection (1), a court may take into account such matters as it thinks relevant, but must take into account the following:
24(3) Meaning of unfair
A term of a contract is presumed not to be reasonably necessary unless proven otherwise.
24(4) Meaning of unfair
The presumption applies to all terms in the contract.
(4) For the purposes of subsection (1)(b)
The party who would be advantaged by the term must prove its reasonableness.
The system can infer the reasonableness of a term based on the presumption.
Automated reasoning about reasonableness
A term is presumed not to be reasonably necessary unless proven otherwise.
The presumption applies to all related terms in the contract.
competition-and-consumer-act-2010.pdf, p.336
240 Determining whether to make a redress order etc. for
Court may consider conduct of person and non-parties in relation to contravention when determining whether to make an order.
240(1) Determining whether to make a redress order etc. for
Consideration of conduct in obligation determination
Court may consider conduct of person and non-parties in relation to declared term when determining whether to make a redress order.
240(2) Determining whether to make a redress order etc. for
Temporal interval during which conduct is considered
The court may have regard to the conduct of the person, and of the non-parties in relation to the declared term since the declaration was made.
Court may have regard to the conduct of the person, and of the non-parties in relation to the declared term.
The court may have regard to the conduct of the person, and of the non-parties in relation to the declared term.
Court does not need to make a finding about certain matters when determining whether to make an order under section 239(1).
240(3) Determining whether to make a redress order etc. for
Obligation to provide information waived
Exemption from finding about certain matters
competition-and-consumer-act-2010.pdf, p.337
241 When a non-party is bound by a redress order etc.
Non-party bound by redress order if loss or damage is redressed, prevented, or reduced.
241(1) When a non-party is bound by a redress order etc.
The non-party is bound by the order if it occurs during the period of contravening conduct.
Redress order applies during period of contravening conduct.
(a) the loss or damage suffered, or likely to be suffered...
The non-party is bound by the order if it accepts the redress, prevention, or reduction.
(b) the non-party has accepted the redress, prevention or reduction.
No effect on non-party in relation to order made under section 239(1)
241(2) When a non-party is bound by a redress order etc.
No claim can be made against a non-party in relation to a loss or damage.
241(3) When a non-party is bound by a redress order etc.
Prohibits making claims against a non-party
List of orders that a court may make against a person
243 Kinds of orders that may be made
competition-and-consumer-act-2010.pdf, p.339
243A Orders made in favour of party to contract containing unfair
Court may make orders to redress loss or damage caused by declared term.
243A(1) Orders made in favour of party to contract containing unfair
243A(2) Orders made in favour of party to contract containing unfair
Prohibits enforcement of contract provisions
competition-and-consumer-act-2010.pdf, p.340
243B Orders made on application of the regulator to prevent and
Prevents a term from being included in future contracts
243B(1) Orders made on application of the regulator to prevent and
Prohibits a term from being included in future contracts
Injunctions and orders to prevent future contracts or enforce existing contract provisions.
243B(2) Orders made on application of the regulator to prevent and
(ii) if the court thinks fit—to have been void ab initio or void at all times on and after such date as is specified in the order
Injunctions imply contract restrictions.
(a) an injunction restraining the respondent from making any future contract that is of the kind referred to in paragraph (1)(a)
(2) Without limiting subsection (1), the orders that a court may make...
Orders propagate to collateral arrangements.
(c) an order declaring the whole or any part of any existing contract of the kind referred to in paragraph (1)(b), or of a collateral arrangement relating to such a contract:
Application can be made within 6 years of declaration
243B(3) Orders made on application of the regulator to prevent and
An order made under this section binds a person affected by the order
243B(4) Orders made on application of the regulator to prevent and
The order overlaps with other orders made by the regulator in time
The regulator may make an order under this section
The regulator recognizes the binding effect of the order on the person affected
The order has a binding effect on the person affected
The order diffuses to other persons affected by the order
The person affected is a party to the proceedings
competition-and-consumer-act-2010.pdf, p.341
245 Interaction with other provisions
Allow application under multiple sections despite non-institution of enforcement proceeding.
245(1) Interaction with other provisions
Court may make an order under a provision of this Division
245(2) Interaction with other provisions
competition-and-consumer-act-2010.pdf, p.343
246 Non-punitive orders
Court may make non-punitive orders against individuals who contravene provisions of Chapters 2, 3 or 4.
246(1) Non-punitive orders
Order to perform a service for the benefit of the community or a section of the community.
246(2) Non-punitive orders
The service must be performed within 3 years.
Service must be performed within 3 years.
(b) an order for the purpose of ensuring that...
Establishing a compliance program or education and training program implies that the service must be performed.
Establishing a compliance program or education and training program is required.
(i) an order directing the person to establish...
The service is a program designed to ensure awareness and obligations.
Service is a program designed to ensure awareness and obligations.
(i) another person specified in the order; or (ii) another person in a class of persons specified in the order;
Must perform a service for the benefit of the community or a section of the community.
(2) The court may make the following orders...
The service is for the benefit of the community or a section of the community.
Service for the benefit of the community or a section of the community.
(a) an order directing the person to perform a service...
The service is related to conduct for the benefit of the community or a section of the community.
Service is related to conduct for the benefit of the community or a section of the community.
competition-and-consumer-act-2010.pdf, p.344
247 Adverse publicity orders
Prohibition on adverse publicity orders for certain individuals
247(1) Adverse publicity orders
...make an adverse publicity order in relation to a person...
Defines temporal interval for adverse publicity orders
(1) A court may, on application of the regulator...
Prohibits making adverse publicity orders
Imposes obligation on regulators to make adverse publicity orders
...who: (b) has committed an offence...
Defines recurring trace for adverse publicity orders
(b) has committed an offence against Chapter 4.
Requires disclosure and publication of information by a person in possession or access to it.
247(2) Adverse publicity orders
Requires the person to disclose and publish information.
Court's powers not limited by this section.
247(3) Adverse publicity orders
competition-and-consumer-act-2010.pdf, p.345
Court may disqualify a person from managing corporations for a period.
248 Order disqualifying a person from managing corporations
competition-and-consumer-act-2010.pdf, p.346
249 Privilege against exposure to penalty or forfeiture—
Must answer questions or provide information in a proceeding.
249(1) Privilege against exposure to penalty or forfeiture—
Obligation to answer questions or provide information.
Privilege against exposure to penalty or forfeiture—
249(2) Privilege against exposure to penalty or forfeiture—
Must answer questions or provide information when required by law.
249(3) Privilege against exposure to penalty or forfeiture—
competition-and-consumer-act-2010.pdf, p.131
Examples of unfair terms in consumer contracts or small business contracts
25 Examples of unfair terms
Conditional commencement of Water Amendment Act
25 Nov
25 June
25 Feb
Conditional commencement on 26 Oct 2018 (s 2(1) item 1)
25 Oct
25 May 2020
Compliance with s 151(9) of the Competition and Consumer Act 2010 on 1 July 1984.
Special Broadcasting Service Act 1991 commencement
Law and Justice Legislation Amendment Act 1992
Prohibits specific terms in consumer contracts or small business contracts
competition-and-consumer-act-2010.pdf, p.347
250 Declarations relating to consumer contracts and small business
The Court may declare a term of a consumer contract as unfair on application by a party or the regulator.
250(1) Declarations relating to consumer contracts and small business
Declaration of unfair term is an obligation.
Court may declare a term of a small business contract as unfair on application by a party or the regulator.
250(2) Declarations relating to consumer contracts and small business
Contract must be a standard form contract to apply subsections (1) and (2)
250(3) Declarations relating to consumer contracts and small business
Exemption from subsections (1) and (2) under certain conditions.
250(4) Declarations relating to consumer contracts and small business
Relates to temporal interval of exemption
(4) Subsections (1) and (2) do not apply if Part 2-3 does not apply to the contract.
Relates to cognitive processing of exemption
If Part 2-3 does not apply, then exemptions apply
Implies exemption from subsections (1) and (2)
Court power to make declarations not limited by subsections (1) and (2)
250(5) Declarations relating to consumer contracts and small business
competition-and-consumer-act-2010.pdf, p.348
251 Publication of advertisement in the ordinary course of business
Publication of advertisement in the ordinary course of business is prohibited.
251(1) Publication of advertisement in the ordinary course of business
Prohibition of publication of advertisement in the ordinary course of business.
Defence for defendant in proceeding regarding publication of advertisement.
251(2) Publication of advertisement in the ordinary course of business
(2) In the proceeding, it is a defence if...
252 Supplying consumer goods for the purpose of re-supply
Prohibition on supplying non-compliant consumer goods
252(1) Supplying consumer goods for the purpose of re-supply
Defines the temporal scope of the obligation.
(1) This section applies to a proceeding under this Part in relation to a contravention of a provision of Part 2-1 or 2-2 or Chapter 3 committed by:
(a) the supplying of consumer goods that did not comply with a safety standard for such goods;
Prohibits supplying non-compliant consumer goods by a supplier who did not comply with an information standard for such goods.
(b) the supplying of consumer goods by a supplier who did not comply with an information standard for such goods;
Diffuses the obligation to supply compliant consumer goods.
Establishes a recurring trace of non-compliant consumer goods.
Defence for defendant in proceeding regarding consumer goods
252(2) Supplying consumer goods for the purpose of re-supply
the time period of the defendant's knowledge overlaps with the time period of the goods' non-compliance
The defendant relied in good faith on a representation by the person...
Defendant may rely on defence unless court gives leave or defendant provides notice.
252(3) Supplying consumer goods for the purpose of re-supply
Defendant is permitted to rely on defence unless court gives leave or defendant provides notice.
competition-and-consumer-act-2010.pdf, p.349
253 Supplying product related services for the purpose of re-supply
Prohibition on supplying product related services that do not comply with safety standards or information standards.
253(1) Supplying product related services for the purpose of re-supply
Defence for product related services acquired for re-supply
253(2) Supplying product related services for the purpose of re-supply
(2) In the proceeding, it is a defence...
competition-and-consumer-act-2010.pdf, p.351
No country of origin representations contravene certain sections.
254 Overview
Prohibits country of origin representations from contravening certain sections.
A person does not contravene section 18, 29(1)(a) or (k) or 151(1)(a) or (k) only by making a representation of a kind referred to in an item in the first column of this table, if the requirements of the corresponding item in the second column are met.
255 Country of origin representations do not contravene certain
competition-and-consumer-act-2010.pdf, p.353
Evidential burden on person seeking to rely on provision of Part or regulation.
258 Proceedings relating to false, misleading or deceptive conduct or
Person seeking to rely on provision bears evidential burden.
competition-and-consumer-act-2010.pdf, p.354
259 Action against suppliers of goods
Action against suppliers of goods if guarantee not complied with
259(1) Action against suppliers of goods
Consumer may require supplier to remedy failure within a reasonable time.
259(2) Action against suppliers of goods
Consumer has an obligation to require supplier to remedy failure.
Consumer may recover compensation for goods below market value if supplier fails to comply with guarantee.
259(3) Action against suppliers of goods
Consumer has an obligation to recover compensation.
Consumer may recover damages for loss or damage due to supplier's failure to comply with guarantee.
259(4) Action against suppliers of goods
Consumer has a right to recover damages.
Exemption from liability for causes independent of human control
259(5) Action against suppliers of goods
Failure to comply with the guarantee is exempted
Clarifies application of subsections (4), (2), and (3)
259(6) Action against suppliers of goods
Clarifies temporal application of obligation
Subsection (4) applies in addition to subsections (2) and (3)
Clarifies argument structure of obligation
Clarifies cognitive application of obligation
Consumer may take action under this section regardless of packaging
259(7) Action against suppliers of goods
competition-and-consumer-act-2010.pdf, p.132
26 Terms that define main subject matter of consumer contracts or
26 May
26 Mar
References sections in Schedule 1 and Schedule 2
26 June
26 Aug 2024
26 May 2026
Exemptions from Section 23 of the contract
26(1) Terms that define main subject matter of consumer contracts or
(1) Section 23 does not apply to a term of a contract...
The upfront price is the consideration that must be provided or disclosed under a contract.
26(2) Terms that define main subject matter of consumer contracts or
Upfront price must be within a certain range
(a) is provided, or is to be provided, for the supply, sale or grant under the contract;
Providing upfront price implies compliance with the law
(2) The upfront price payable under a contract is the consideration that: The Australian Consumer Law Schedule 2
Upfront price is related to consumer contracts
The upfront price is the consideration that: (b) is disclosed at or before the time the contract is entered into;
competition-and-consumer-act-2010.pdf, p.355
Failure to comply with a guarantee is a major failure if certain conditions are met.
260 When a failure to comply with a guarantee is a major failure
There is an interval within a reasonable time.
The goods cannot be remedied within a reasonable time.
The goods depart in one or more significant respects: (c) the goods are substantially unfit for a purpose for which goods of the same kind are commonly supplied and they cannot, easily and within a reasonable time, be remedied to make them fit for such a purpose;
The goods would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure.
(a) the goods would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure;
The goods depart in one or more significant respects.
(b) the goods depart in one or more significant respects: (i) if they were supplied by description—from that description; or (ii) if they were supplied by reference to a sample or demonstration model—from that sample or demonstration model;
competition-and-consumer-act-2010.pdf, p.356
Supplier must remedy a failure to comply with a guarantee.
261 How suppliers may remedy a failure to comply with a guarantee
Supplier must comply with the requirement.
competition-and-consumer-act-2010.pdf, p.357
262 When consumers are not entitled to reject goods
Consumer cannot notify supplier of rejected goods under certain conditions.
262(1) When consumers are not entitled to reject goods
(1) A consumer is not entitled, under section 259, to notify a supplier of goods that the consumer rejects the goods if: ...
(a) the rejection period for the goods has ended; or (b) the goods have been lost, destroyed or disposed of by the consumer; or (c) the goods were damaged after being delivered to the consumer for reasons not related to their state or condition at the time of supply; or (d) the goods have been attached to, or incorporated in, any real or personal property and they cannot be detached or isolated without damaging them.
Rejection period for goods is the time from supply to when failure becomes apparent
262(2) When consumers are not entitled to reject goods
Obligation to provide reasonable rejection period
Classification of goods based on type, use, and length of time
263 Consequences of rejecting goods
Consumer must notify supplier of rejected goods.
263(1) Consequences of rejecting goods
Must return goods to supplier unless certain conditions are met.
263(2) Consequences of rejecting goods
competition-and-consumer-act-2010.pdf, p.358
Supplier must provide replacement goods under certain conditions.
264 Replaced goods
Supplier must provide replacement goods.
competition-and-consumer-act-2010.pdf, p.359
265 Termination of contracts for the supply of services that are
Consumer may terminate contract for supply of services if certain conditions are met.
265(1) Termination of contracts for the supply of services that are
Termination of contracts for the supply of services that are
265(2) Termination of contracts for the supply of services that are
Consumer's obligation to terminate the contract
Classification of termination conditions
Consumer's right to recover refund of money and consideration for services.
265(3) Termination of contracts for the supply of services that are
Recipient of a gift has certain rights against the supplier
266 Rights of gift recipients
Recipient has right to claim against supplier
competition-and-consumer-act-2010.pdf, p.360
267 Action against suppliers of services
267(1) Action against suppliers of services
Failure to comply with guarantee occurred during the supply period
Failure to comply with guarantee occurred after services were supplied
Failure to comply with guarantee did not occur only because of...
Consumer's action implies a right to take action
Consumer takes action under this section
Supplier is affected by the consumer's action
267(2) Action against suppliers of services
Failure to comply with guarantee is a major failure, and consumer may recover compensation or terminate contract.
267(3) Action against suppliers of services
Prohibits failure to comply with guarantee
267(4) Action against suppliers of services
267(5) Action against suppliers of services
competition-and-consumer-act-2010.pdf, p.361
268 When a failure to comply with a guarantee is a major failure
competition-and-consumer-act-2010.pdf, p.362
269 Termination of contracts for the supply of services
Consumer must terminate contract for supply of services under section 267.
269(1) Termination of contracts for the supply of services
Section 267 requires consumer to terminate contract
Termination of contracts for the supply of services
269(2) Termination of contracts for the supply of services
Consumer's obligation to terminate contract
Termination takes effect at the time of termination notification
269(3) Termination of contracts for the supply of services
competition-and-consumer-act-2010.pdf, p.133
27 Standard form contracts
Carbon Credits (Consequential Amendments) Act 2011
27 June
27 Oct
27 Mar 2026
Conditional commencement of Law and Justice Legislation Amendment Act 1991
Trade Practices Amendment (Telecommunications) Act 2001
27 Sept
Endnotes and legislation history for Competition and Consumer Act 2010
27 Sept 2001 (s 2)
Requires temporal intervals for endnotes
Trade Practices Legislation Amendment Act (No. 1) 2006
27 Sept 2006 (s 2(1)
27 June 2009 (s 2(1)
27(1) Standard form contracts
Court must consider specific factors when determining if a contract is standard form.
27(2) Standard form contracts
Contract may be determined to be a standard form contract despite certain conditions.
27(3) Standard form contracts
It may be determined to be so despite certain conditions.
The contract is a standard form contract.
competition-and-consumer-act-2010.pdf, p.363
270 Termination of contracts for the supply of goods that are
Consumer must return goods to supplier and refund money and consideration.
270(1) Termination of contracts for the supply of goods that are
Consumer has a duty to return goods and refund money.
Supplier must collect goods at their expense if subsection (1)(d)(ii) applies.
270(2) Termination of contracts for the supply of goods that are
competition-and-consumer-act-2010.pdf, p.364
271 Action for damages against manufacturers of goods
Manufacturer must provide damages for non-compliance with guarantee.
271(1) Action for damages against manufacturers of goods
Manufacturer has an obligation to provide damages.
Exemption from liability for damages due to factors beyond human control or manufacturer's actions
271(2) Action for damages against manufacturers of goods
Manufacturer liable for damages if guarantee not complied with
271(3) Action for damages against manufacturers of goods
Exemption from liability for non-compliance with guarantee due to external factors
271(4) Action for damages against manufacturers of goods
271(5) Action for damages against manufacturers of goods
Manufacturer must remedy failure to comply with guarantee within a reasonable time.
271(6) Action for damages against manufacturers of goods
Manufacturer has an obligation to remedy failure.
May commence an action under this section regardless of packaging
271(7) Action for damages against manufacturers of goods
competition-and-consumer-act-2010.pdf, p.365
Entitlement to recover damages for goods manufactured by a manufacturer.
272 Damages that may be recovered by action against
Obligation to provide damages for goods manufactured by a manufacturer.
competition-and-consumer-act-2010.pdf, p.366
Time limit for actions against manufacturers of goods
273 Time limit for actions against manufacturers of goods
An affected person may commence an action for damages under this Division at any time within 3 years after the day on which the affected person first became aware, or ought reasonably to have become aware, that the guarantee to which the action relates has not been complied with.
The guarantee to which the action relates has not been complied with.
competition-and-consumer-act-2010.pdf, p.367
274 Indemnification of suppliers by manufacturers
Manufacturer must indemnify supplier if liable to pay damages under section 259(4) or section 271.
274(1) Indemnification of suppliers by manufacturers
Temporal interval of liability overlaps with temporal interval of payment.
(1) A manufacturer of goods is liable to indemnify a person (the supplier) who supplies the goods to a consumer if: (a) the supplier is liable to pay damages under section 259(4) to the consumer for loss or damage suffered by the consumer; and (b) the manufacturer is or would be liable under section 271 to pay damages to the consumer for the same loss or damage.
Legislative excerpt recognizes concept of indemnification.
Manufacturer has an obligation to indemnify supplier.
Liability diffuses from manufacturer to supplier.
Manufacturer must indemnify supplier for certain costs.
274(2) Indemnification of suppliers by manufacturers
Supplier may bring action against manufacturer for indemnification
274(3) Indemnification of suppliers by manufacturers
Supplier has obligation to seek legal relief
competition-and-consumer-act-2010.pdf, p.368
275 Limitation of liability etc.
276 This Part not to be excluded etc. by contract
Excluding or modifying provisions of this Part is void.
276(1) This Part not to be excluded etc. by contract
Prohibits exclusion or modification of provisions.
Term in contract cannot exclude or modify Part provisions without explicit statement.
276(2) This Part not to be excluded etc. by contract
Prohibition on excluding or modifying Part provisions.
276(3) This Part not to be excluded etc. by contract
competition-and-consumer-act-2010.pdf, p.369
276A Limitation in certain circumstances of liability of
Manufacturer's liability to a supplier is limited.
276A(1) Limitation in certain circumstances of liability of
Limitation in certain circumstances of liability of manufacturer's liability
276A(2) Limitation in certain circumstances of liability of
Temporal interval during which limitation does not apply
(2) does not apply in relation to particular goods if
Court must consider certain circumstances when determining fairness of liability limitation
276A(3) Limitation in certain circumstances of liability of
Excerpt imposes an obligation on the court
competition-and-consumer-act-2010.pdf, p.370
277 Representative actions by the regulator
Regulator may commence action on behalf of identified persons.
277(1) Representative actions by the regulator
277(2) Representative actions by the regulator
Regulator has a duty to obtain written consent.
competition-and-consumer-act-2010.pdf, p.371
278 Liability of suppliers and linked credit providers relating to
Joint liability for loss or damage suffered by consumer due to misrepresentation, breach, or failure to comply with guarantee.
278(1) Liability of suppliers and linked credit providers relating to
The liability for loss or damage occurs at the same time as the loss or damage.
Temporal relation between liability and loss or damage
The linked credit provider and supplier of related supply are jointly and severally liable to the consumer for the amount of the loss or damage.
The linked credit provider and supplier of related supply must provide compensation to the consumer.
Linked credit provider and supplier of related supply are jointly and severally liable to the consumer.
The linked credit provider and supplier of related supply are jointly and severally liable to the consumer.
There is a recurring trace between the liability for loss or damage and the loss or damage itself.
Recurring trace between liability and loss or damage
278(2) Liability of suppliers and linked credit providers relating to
competition-and-consumer-act-2010.pdf, p.372
279 Action by consumer to recover amount of loss or damage
Consumer can recover amount of loss or damage from liable parties.
279(1) Action by consumer to recover amount of loss or damage
Must bring action against linked credit provider and supplier jointly.
279(2) Action by consumer to recover amount of loss or damage
No action can be taken if the supplier has been dissolved or winding up has commenced.
279(3) Action by consumer to recover amount of loss or damage
competition-and-consumer-act-2010.pdf, p.134
28 Contracts to which this Part does not apply
Item 4 of section 28(1) of the Legislation Amendment (Reform and Modernisation) Act 2020
Competition and Consumer Amendment (Responding to Exceptional Circumstances) Act 2026
Trade Practices Amendment Act (No. 2) - Section 18, 19(2), and 19(1)
28 Oct
28 Nov
Amended by Statute Law Revision Act 2002
28 Apr
Conditional commencement of Trade Practices Amendment Act (No. 1)
28 June
Conditional commencement of certain provisions
28 May
28(1) Contracts to which this Part does not apply
Exempts contracts from carriage of goods by ship if covered by a sea carriage document.
28(2) Contracts to which this Part does not apply
Exempts contracts from carriage of goods by ship.
Subclass of contracts not covered by the amended Hague Rules.
28(3) Contracts to which this Part does not apply
Exempts contracts from the Part's application
Subclass of contracts exempted by this section
Exempts small business contracts from this Part.
28(4) Contracts to which this Part does not apply
Exempts contracts from the scope of this Part.
A prescribed law applies to the contract.
Exemptions from the Australian Consumer Law
28(5) Contracts to which this Part does not apply
Prohibition of contracts governing payment systems
(5) This Part does not apply to a contract:
or that is made in the course of, or for the purposes of, operating such a system.
280 Cases where a linked credit provider is not liable
Consumer must approach credit provider before liability under section 278 applies.
280(1) Cases where a linked credit provider is not liable
Temporal interval for consumer's approach is defined as the time before liability under section 278 applies.
Defines temporal interval for consumer's approach to credit provider.
Knowledge representation of consumer's obligations is defined as the set of rules governing consumer's actions towards credit provider.
Represents knowledge about consumer's obligations towards credit provider.
Consumer is obligated to approach credit provider.
Imposes obligation on consumer to approach credit provider.
Diffusive process of consumer's approach is defined as the spread of consumer's actions towards credit provider.
Describes diffusive process of consumer's approach towards credit provider.
Recurring trace of consumer's actions is defined as the sequence of approaches to credit provider.
Defines recurring trace of consumer's actions towards credit provider.
Credit provider must establish good reputation of supplier before becoming linked credit provider.
280(2) Cases where a linked credit provider is not liable
...the credit provider had not had cause to suspect that...after becoming a linked credit provider of the supplier, the credit provider had not had cause to suspect...
Establishes a temporal condition for the credit provider's liability
The credit provider must establish that...
...the consumer might be entitled to recover an amount of loss or damage suffered as a result of a misrepresentation, breach, failure of consideration, failure to comply with a guarantee, or breach of a warranty.
Establishes a condition for the credit provider's liability
...the supplier might be unable to meet the supplier’s liabilities as and when they fall due.
Linked credit provider not liable to consumer under section 278 if certain conditions are met.
280(3) Cases where a linked credit provider is not liable
Therefore, the linked credit provider is not liable to consumer under section 278.
Linked credit provider has an obligation to not be liable to consumer under section 278.
The linked credit provider was satisfied that the supplier's reputation was good before becoming a linked credit provider.
Consumer under section 278 is not entitled to claim against a linked credit provider.
280(4) Cases where a linked credit provider is not liable
Linked credit provider is not liable to a consumer under section 278 if the proceeding occurs during the same period.
Temporal interval of joint liability proceedings
Joint liability proceedings occur during the same period as section 278.
Consumer under section 278 may claim against a linked credit provider if the proceeding is not joint or does not occur during the same period.
Conditional liability of linked credit provider
Linked credit provider is not liable to a consumer under section 278 if the proceeding is joint and occurs during the same period.
Linked credit provider is not liable to a consumer under section 278.
Conditional diffusion of linked credit provider's liability
Linked credit provider's liability ends when the proceeding ends.
Temporal interval of linked credit provider's liability
competition-and-consumer-act-2010.pdf, p.374
Limits liability of linked credit providers to a consumer.
281 Amount of liability of linked credit providers
competition-and-consumer-act-2010.pdf, p.375
282 Counter-claims and offsets
Consumer cannot make counter-claim or exercise right in relation to liability under section 278(1) unless claims against supplier.
282(1) Counter-claims and offsets
Prohibits counter-claim or exercise of right.
Exemption from liability for supplier dissolution or winding up
282(2) Counter-claims and offsets
Consumer may offset liability against credit provider's liability under section 278(1)
282(3) Counter-claims and offsets
Judgment cannot be enforced against linked credit provider unless written demand is made.
283 Enforcement of judgments etc.
...the judgment must not be enforced against the credit provider unless a written demand made
Temporal interval for enforcement provision.
(1) If, in joint liability proceedings, judgment is given against a supplier and a linked credit provider...
Knowledge representation for enforcement provision.
Prohibition of enforcement against linked credit provider.
Recurring trace for enforcement provision.
Schema validation for enforcement provision.
competition-and-consumer-act-2010.pdf, p.377
284 Award of interest to consumers
Award interest to consumer if judgment is given against supplier and linked credit provider.
284(1) Award of interest to consumers
Imposes a duty on the state to award interest to consumers.
284(2) Award of interest to consumers
Court must consider payments made by supplier or linked credit provider when determining good cause for awarding interest.
284(3) Award of interest to consumers
Temporal relationship between payment and interest awarding exists
Payment consideration implies a temporal relationship with interest awarding
Court must consider payments made into court by supplier or linked credit provider...
Good cause determination does not depend on payment consideration
Payment consideration is not a relevant factor in good cause determination
Court must consider payments made by supplier or linked credit provider...
Good cause is shown against awarding interest
Court must take into account any payment made into court...
Good cause determination does not require payment consideration
Payment consideration is not a necessary condition for good cause determination
Court must take into account any payment made into court by supplier or linked credit provider...
Good cause determination implies payment consideration
Payment consideration is a subset of good cause determination
This section applies despite any other law.
284(4) Award of interest to consumers
competition-and-consumer-act-2010.pdf, p.378
285 Liability of suppliers to linked credit providers, and of linked
Supplier liability to linked credit providers and suppliers under section 278.
285(1) Liability of suppliers to linked credit providers, and of linked
285(2) Liability of suppliers to linked credit providers, and of linked
Maximum amount of linked credit provider's liability under section 281
286 Joint liability proceedings and recovery under section 135 of the
Recovery of amounts under section 135 of the National Credit Code
286(1) Joint liability proceedings and recovery under section 135 of the
...the consumer terminates the linked credit contract under that section;
Temporal relation between contract and termination
(b) the contract has been rescinded or discharged (whether under this Schedule or any other law);
...the following amounts may be recovered in the joint liability proceedings (to the extent that they have not been recovered under section 135 of the National Credit Code):
Consumer owes credit provider amount under section 135 of the National Credit Code
(a) a consumer is seeking, in joint liability proceedings, to recover an amount under section 279...
Credit provider owes consumer amount under section 135 of the National Credit Code
(f) any amount that the credit provider is entitled under section 135 of the National Credit Code to recover from:...
Recurring trace of joint liability proceedings
Ceases to be recoverable under section 135 of the National Credit Code.
286(2) Joint liability proceedings and recovery under section 135 of the
Ceased to be recoverable during subsection (1)
Ceases to be recoverable during subsection (1)
competition-and-consumer-act-2010.pdf, p.380
287 Liability of suppliers and credit providers relating to non-linked
Credit provider not liable for consumer loss or damage due to non-compliance with guarantee.
287(1) Liability of suppliers and credit providers relating to non-linked
Consumer can recover amount by action against supplier
287(2) Liability of suppliers and credit providers relating to non-linked
(2) Subsection (1) does not prevent the consumer from recovering that amount by action against the supplier of the goods or services to which the contract relates.
No liability for breach of warranty in non-linked credit contracts
287(3) Liability of suppliers and credit providers relating to non-linked
Breach of warranty occurs within a specific time frame
Temporal interval for breach of warranty
Section 12ED of the Australian Securities and Investments Commission Act 2001
Goods or services classified as subject to warranty
Classification of goods or services using AI
Supplier not under liability to consumer
Diffusion of liability for breach of warranty
Consumer can recover amount from credit provider
287(4) Liability of suppliers and credit providers relating to non-linked
Non-linked credit contracts are prohibited.
287(5) Liability of suppliers and credit providers relating to non-linked
The provision of non-linked credit contracts is prohibited.
(5) A non-linked credit contract is a contract that a consumer enters into...
competition-and-consumer-act-2010.pdf, p.382
Amendments apply to lay-by agreements entered into on or after commencement.
288 Application of amendments relating to lay-by agreements
The amendments apply to the specified agreements.
Amendment applies to notices given in relation to repair of goods accepted on or after commencement.
289 Application of amendment relating to repairs
Obligation applies to notices given in relation to repair of goods accepted on or after commencement.
competition-and-consumer-act-2010.pdf, p.135
28A This Part does not apply to certain contracts connected with
This Part does not apply to certain contracts connected with
28A(1) This Part does not apply to certain contracts connected with
28A(2) This Part does not apply to certain contracts connected with
Same meaning as in the Corporations Act 2001
28A(3) This Part does not apply to certain contracts connected with
competition-and-consumer-act-2010.pdf, p.136
29 False or misleading representations about goods or services
29 June
29 June 2021
29 May
29 May 1980 (s 2)
29 Mar
Conditional commencement of Corporations (NZ Closer Economic Relations) and Other Legislation Amendment Act 2007
References sections in Schedule 1 and Schedule 3
Items 2 and 16, section 343 of Competition and Consumer Amendment Act 2013
29 June 2013 (s 2(1)
29(1) False or misleading representations about goods or services
Classifies goods and services as those that can be represented falsely or misleadingly.
Representation must be true unless evidence is adduced to the contrary.
29(2) False or misleading representations about goods or services
Obligation to provide true representation.
Avoids placing an onus of proving a representation is not misleading.
29(3) False or misleading representations about goods or services
(3) To avoid doubt, subsection (2) does not:
Excludes placing an onus of proving a representation is not misleading.
Saving of regulations relating to repairs
290 Saving of regulations relating to repairs
competition-and-consumer-act-2010.pdf, p.383
290A Application
Amendments apply to contracts entered into on or after commencement.
290A(1) Application
Schedule 1 commences on a specified date
Implication of amendments on contract applicability
Schedule 1 applies to Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015
Applicability of amendments to contracts using AI
Diffusion of amendments through contract applicability
Amendments do not apply to contracts entered into before the commencement of Schedule 2.
290A(2) Application
If paragraph (2)(b) of this section applies to a term of a contract, subsection 23(2) and section 27 apply.
290A(3) Application
(2)(b) of this section applies to a term of a contract
Amendments do not apply to contracts or terms of contracts where acquisition of property would result in an unfair outcome.
290A(4) Application
Temporal overlap with acquisition of property.
(4) Despite paragraphs (2)(a) and (b) and subsection (3) of this section,
Prevents acquisition of property on unfair terms.
Imposes obligation to ensure fair outcomes.
competition-and-consumer-act-2010.pdf, p.384
Amendment applies in relation to disclosures made on or after commencement of Part.
291 Application of amendments relating to confidentiality of notices
Requires relation between temporal intervals
Amendments apply to unsolicited consumer agreements made on or after commencement.
292 Application of amendments relating to prohibition on supplies
Prohibits unsolicited consumer agreements.
competition-and-consumer-act-2010.pdf, p.385
Amendments apply after commencement of Schedule.
295 Application of amendments
competition-and-consumer-act-2010.pdf, p.386
296 Application—listed public companies
Application of amendments made by Schedule 3 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018
297 Application—unsolicited supplies
Application of amendment to unsolicited consumer agreements
298 Application—unsolicited consumer agreements
Amendments apply in relation to acts or omissions on or after a specified date.
299 Application—single price
competition-and-consumer-act-2010.pdf, p.107
3 Meaning of consumer
Communications and the Arts Legislation Amendment Act 2001
3 July 2002
Application of Criminal Code Act (No. 3) 2001
Trade Practices Amendment Act (No. 1) - July 2002
3 July 2002 (s 2(1)
Trade Practices Legislation Amendment Act (No. 1) 2007
3 Sept 2007
3 Dec 2012
A person is taken to have acquired particular goods as a consumer if the amount paid did not exceed $40,000 or was for personal use.
3(1) Meaning of consumer
A person is taken to have acquired particular goods as a consumer if...
Temporal relation between payment and acquisition
The amount paid was worked out under subsections (4) to (9).
The amount paid did not exceed $40,000 or was for personal use.
The goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads.
The goods were of a kind ordinarily acquired for personal, domestic or household use.
3(10) Meaning of consumer
Alleged in any proceeding under this Schedule
Definition of mixed supply for consumer acquisition
3(11) Meaning of consumer
Definition of consumer for the purpose of this Schedule.
3(12) Meaning of consumer
Acquiring goods for re-supply or using them up/transforming in trade/commerce is exempt from subsection (1)
3(2) Meaning of consumer
Definition of consumer for purposes of the Act.
3(3) Meaning of consumer
The amount paid for goods or services is taken to be the price paid by the person, unless subsection (5) applies.
3(4) Meaning of consumer
Imposes a duty on the person to pay the correct price.
The amount paid or payable for goods or services is determined by the lowest price that could have been reasonably purchased from another supplier.
3(5) Meaning of consumer
The price at which goods or services can be purchased is within this interval
Temporal interval of reasonable purchasing time
There is a temporal interval during which the buyer could have reasonably purchased
The buyer must pay the lowest price offered by an alternative supplier
Price determination based on alternative suppliers
If there are alternative suppliers, the price is determined by their lowest prices
The supplier must provide the correct price
The buyer can use this information to make a decision
The price information is available to the buyer
The price of goods or services acquired by a person other than purchase is determined by the market price at the time of acquisition.
3(6) Meaning of consumer
The amount paid or payable for goods or services is taken to be the lowest price at which the person could, at that time, reasonably have purchased goods or services of that kind from another supplier.
3(7) Meaning of consumer
At that time, goods or services of the kind acquired could have been purchased from another supplier other than by a mixed supply;
Establishes a temporal relation between the acquisition of goods or services and their purchase from another supplier.
(7) For the purposes of subsection (1) or (3), if...
Imposes a duty on the state to ensure that goods or services can be purchased from another supplier at a reasonable price.
Goods or services acquired by a person other than by way of purchase could not, at the time of the acquisition, have been purchased from the supplier, or could have been purchased only by a mixed supply;
Establishes a recurring trace between the acquisition of goods or services and their purchase from another supplier.
Determines value of goods or services acquired without purchase
3(8) Meaning of consumer
Presumption that persons are consumers if they obtain credit and the amount paid or payable is increased.
3(9) Meaning of consumer
(a) a person obtains credit in connection with the acquisition of goods or services by him or her;
obtaining the credit is taken for the purposes of subsection (3)
(b) the amount paid or payable by him or her for the goods or services is increased because he or she so obtains credit;
competition-and-consumer-act-2010.pdf, p.138
30 False or misleading representations about sale etc. of land
30 July
30 May
A New Tax System (Trade Practices Amendment) Act 2000
Conditional commencement on specific date
30 June
Trade Practices Amendment (Personal Injuries and Death) Act (No. 2) 2004
30 June 2013 (s 2)
30 Oct
Item 2 of Treasury Laws Amendment (2021 Measures No. 6) Act 2021
30 June 2021 (s 2(1)
Enhancing Consumer Safeguards and Other Measures
30 May 2024
Transitional Provisions and Consequential Amendments Act 1992
30 Apr
30 Apr 1997 (s 2)
Trade Practices Amendment (Fair Trading) Act 1998
Trade Practices Amendment (Country of Origin Representations) Act 1998
False or misleading representations about sale etc. of land
30(1) False or misleading representations about sale etc. of land
Prohibition on making false or misleading representations
Classification of representations as true or false
No effect on other provisions regarding supply or acquisition of land interests
30(2) False or misleading representations about sale etc. of land
Application of amendments made by Schedule 8 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018
300 Application—non-punitive orders
competition-and-consumer-act-2010.pdf, p.387
Amendments apply in relation to services supplied under a contract entered into on or after the commencement day.
301 Application—guarantees relating to the supply of services
competition-and-consumer-act-2010.pdf, p.388
Amendments apply to gift cards supplied on or after November 1, 2019.
302 Application of amendments relating to gift cards
competition-and-consumer-act-2010.pdf, p.389
303 Application of amendments relating to multiple non-major
303(1) Application of amendments relating to multiple non-major
303(2) Application of amendments relating to multiple non-major
competition-and-consumer-act-2010.pdf, p.390
Application of amendments relating to penalties
304 Application of amendments relating to penalties
305 Application of amendments relating to unfair contract terms
This section applies to the amendments of this Schedule made by Schedule 2 (the amending Schedule) to the Treasury Laws Amendment (More Competition, Better Prices) Act 2022.
305(1) Application of amendments relating to unfair contract terms
The section applies to the amendments made by Schedule 2.
Amendments apply to contracts made at or after commencement, but not before.
305(2) Application of amendments relating to unfair contract terms
Amendments apply to contracts made at or after commencement.
Prohibits conduct occurring on or after the renewal day for existing contracts renewed at or after the relevant commencement.
305(3) Application of amendments relating to unfair contract terms
...in relation to conduct that occurs on or after the renewal day.
(3) If an existing contract is renewed...
Amendments apply to a contract on and from the variation day
305(4) Application of amendments relating to unfair contract terms
Imposes a duty on the state to apply amendments
Applicable to persons proposing terms in contracts made or renewed after the relevant commencement.
305(5) Application of amendments relating to unfair contract terms
Imposes a duty on states to apply section 23(2A)(e) in relation to persons proposing contract terms.
Exemptions from amendments to unfair contract terms
305(6) Application of amendments relating to unfair contract terms
(6) Despite subsections (3) to (5) of this section, the amendments do not apply...
Recognizes entities involved in exemptions
Prevents acquisition of property on just terms
Identifies recurring pattern in exemptions
competition-and-consumer-act-2010.pdf, p.392
306 Definitions
Safety standards continue in force despite repeal of section 105.
307 Saving—safety standards declared by the Minister
Safety standard continues in force during this period
During the period from repeal to commencement
Repeal of section 105 by amending Schedule
Minister obliged to declare safety standards for purposes of section 104
Obliges the Minister to declare safety standards
Section 105 repealed by amending Schedule
Minister obliged to enforce safety standards for purposes of section 104
Obliges the Minister to enforce safety standards
Safety standard continues in force as if made for purposes of section 104
Safety standard declared for purposes of section 105 and safety standard in force immediately before commencement of Part 1 of amending Schedule
308 Application—nomination and compliance with safety standards
Continues to apply section 108 despite repeal
308(1) Application—nomination and compliance with safety standards
308(2) Application—nomination and compliance with safety standards
competition-and-consumer-act-2010.pdf, p.393
Safety standards and information standards made before, on or after commencement of Part 1 of amending Schedule apply.
309 Application—requests for information or documents
31 Misleading conduct relating to employment
31 Aug
Amendment (Asia Region Funds Passport) Act 2018
Conditional commencement of Treasury Laws Amendment (Australian Consumer Law Review) Act 2018
31 May 2024
Treasury Laws Amendment (Consumer Data Right) Act 2024
competition-and-consumer-act-2010.pdf, p.394
Amendments apply to offences committed or acts/omissions on or after commencement of Schedule.
310 Application of amendments relating to penalties
Schedule applies to offences committed or acts/omissions on or after commencement.
competition-and-consumer-act-2010.pdf, p.139
32 Offering rebates, gifts, prizes etc.
32(1) Offering rebates, gifts, prizes etc.
Must provide rebate, gift, prize or other free item within specified time.
32(2) Offering rebates, gifts, prizes etc.
(2) If a person offers any rebate, gift, prize or other free item in connection with...
Exemption from subsection (2) for certain circumstances
32(3) Offering rebates, gifts, prizes etc.
competition-and-consumer-act-2010.pdf, p.140
33 Misleading conduct as to the nature etc. of goods
34 Misleading conduct as to the nature etc. of services
35 Bait advertising
Advertising goods or services at a specified price if there are reasonable grounds for believing the person will not be able to offer those goods or services at that price is prohibited.
35(1) Bait advertising
Defines the temporal interval during which the advertising is prohibited.
(1) A person must not, in trade or commerce, advertise goods or services for supply at a specified price
Represents the knowledge that advertising is prohibited if there are reasonable grounds for believing the person will not be able to offer those goods or services at that price.
Prohibits advertising goods or services at a specified price if there are reasonable grounds for believing the person will not be able to offer those goods or services at that price.
Defines the recurring trace of prohibited advertising.
Validates the advertising against the prohibited conditions.
Offer goods or services at a specified price for a reasonable period and quantity.
35(2) Bait advertising
Imposes an obligation on the state to ensure goods or services are offered at a specified price.
competition-and-consumer-act-2010.pdf, p.141
36 Wrongly accepting payment
Accepting payment for goods or services without intention to supply
36(1) Wrongly accepting payment
Prohibition of accepting payment for goods or services without intention to supply
Accepting payment for goods or services that differ materially from those supplied.
36(2) Wrongly accepting payment
Prohibits accepting payment for goods or services that differ materially from those supplied.
competition-and-consumer-act-2010.pdf, p.143
37 Misleading representations about certain business activities
Making false or misleading representations about business activities is prohibited.
37(1) Misleading representations about certain business activities
...a business activity that the person has represented as one...
Business activities must not overlap with those that cannot be carried on at or from a person's place of residence.
...a representation that can be, or can be to a considerable extent, carried on at or from a person’s place of residence.
...a representation that concerns the profitability, risk or any other material aspect of...
Classifies business activities as those that can be carried on at or from a person's place of residence using AI.
...concerns the profitability, risk or any other material aspect of...
...a representation that is false or misleading in a material particular.
...make a representation that is false or misleading in a material particular.
False or misleading representations must not spread to other people.
A person must not, in trade or commerce...
Business activities must not repeat those that cannot be carried on at or from a person's place of residence.
37(2) Misleading representations about certain business activities
competition-and-consumer-act-2010.pdf, p.144
38 Application of provisions of this Division to information
Exemptions for publications by information providers
38(1) Application of provisions of this Division to information
38(2) Application of provisions of this Division to information
38(3) Application of provisions of this Division to information
Exemptions for publications of publicised interests in land
38(4) Application of provisions of this Division to information
(4) Subsection (1) does not apply to a publication of matter in connection with the sale or grant, or possible sale or grant, of, or the promotion by any means of the sale or grant of, interests in land (the publicised interests in land), if:
(a) the publicised interests in land were interests of a kind sold or granted by the information provider or, if the information provider is a body corporate, by a body corporate that is related to the information provider;
(b) the publication was made on behalf of, or pursuant to a contract, arrangement or understanding with, a person who sells or grants interests of the same kind as the publicised interests in land;
(c) the publication was made on behalf of, or pursuant to a contract, arrangement or understanding with, a body corporate that is related to a body corporate that sells or grants interests of the same kind as the publicised interests in land.
The Australian Consumer Law Schedule 2 Specific protections Chapter 3 Unfair practices Part 3-1 Section 38
competition-and-consumer-act-2010.pdf, p.146
39 Unsolicited cards etc.
Sending unsolicited credit or debit cards is prohibited.
39(1) Unsolicited cards etc.
Exemption for cards sent by or on behalf of the issuer
39(2) Unsolicited cards etc.
Prohibition on using a credit card as a debit card without permission.
39(3) Unsolicited cards etc.
No action can enable another person to use a debit card as a credit card without written consent.
39(4) Unsolicited cards etc.
Prohibition of enabling debit card use as credit card without consent.
39(5) Unsolicited cards etc.
39(6) Unsolicited cards etc.
...for the purpose of withdrawing or depositing cash or obtaining goods or services;
Defines the temporal scope of a debit card
Establishes the context for a debit card
...an article intended for use by a person in obtaining access to...
Recognizes the artificial nature of a debit card
(a) an article intended for use by a person in obtaining access to...
Describes the application domain of a debit card
competition-and-consumer-act-2010.pdf, p.111
4 Misleading representations with respect to future matters
4 Dec 2025
Misleading representations with respect to future matters are prohibited.
4(1) Misleading representations with respect to future matters
Identifies representations with respect to future matters as overlapping with the provision's scope.
(1) If: a person makes a representation with respect to any future matter (including the doing of, or the refusing to do, any act); and the person does not have reasonable grounds for making the representation; the representation is taken, for the purposes of this Schedule, to be misleading.
Recognizes representations with respect to future matters as being recognized by the provision.
Prohibits misleading representations with respect to future matters.
Diffuses the provision's scope to include representations with respect to future matters.
Identifies representations with respect to future matters as contained within the provision's scope.
Party or other person is not deemed to have had reasonable grounds for making a representation unless evidence is adduced to the contrary.
4(2) Misleading representations with respect to future matters
Prohibits placing an onus of proof on a person regarding the grounds for making a representation.
4(3) Misleading representations with respect to future matters
(3) To avoid doubt, subsection (2) does not: (a) have the effect that, merely because such evidence to the contrary is adduced, the person who made the representation is taken to have had reasonable grounds for making the representation; or (b) have the effect of placing on any person an onus of proving that the person who made the representation had reasonable grounds for making the representation.
No implication that a representation is not misleading because of reasonable grounds.
4(4) Misleading representations with respect to future matters
...a representation that a person makes with respect to any future matter is not misleading merely because the person has reasonable grounds for making the representation.
Subsection (1) does not limit by implication the meaning of a reference in this Schedule to...
competition-and-consumer-act-2010.pdf, p.147
40 Assertion of right to payment for unsolicited goods or services
Prohibition on asserting a right to payment for unsolicited goods or services without reasonable cause.
40(1) Assertion of right to payment for unsolicited goods or services
Prohibition applies during trade or commerce.
Prohibition of asserting a right to payment without reasonable cause.
...unless the person has reasonable cause...
Prohibition is in effect until reasonable cause is established.
Asserting a right to payment for unsolicited services without reasonable cause is prohibited.
40(2) Assertion of right to payment for unsolicited goods or services
There is no right to payment without reasonable cause.
A person must not assert a right to payment from another person for unsolicited services unless the person has reasonable cause to believe that there is a right to the payment.
There is reasonable cause to believe in the existence of a right to payment.
The person must have reasonable cause to believe in the existence of a right to payment.
There is no right to payment without reasonable cause in recurring traces.
The prohibition applies to recurring traces of asserting a right to payment without reasonable cause.
No invoice or document stating payment for unsolicited goods or services
40(3) Assertion of right to payment for unsolicited goods or services
Temporal relation between sending documents and prohibition
Prohibition of sending invoices for unsolicited goods or services
competition-and-consumer-act-2010.pdf, p.148
41 Liability etc. of recipient for unsolicited goods
No liability for payment or loss/damage from supplier's wilful act
41(1) Liability etc. of recipient for unsolicited goods
The liability for loss/damage occurs during the recovery period.
(b) is not liable for loss of or damage to the goods, other than...
The goods are supplied by the supplier to another person.
Classifies goods as unsolicited based on AI
(1) If a person, in trade or commerce...
The other person is not liable to make any payment for the goods.
Prohibits liability for payment or loss/damage
The liability responsibility is diffused from the supplier.
The supplier's wilful act recurs during the recovery period.
Recurring trace of supplier's wilful act
Neither sender nor claimant can recover goods after recovery period ends.
41(2) Liability etc. of recipient for unsolicited goods
Exemption from liability for unsolicited goods under certain circumstances.
41(3) Liability etc. of recipient for unsolicited goods
Permission to receive unsolicited goods.
41(4) Liability etc. of recipient for unsolicited goods
Obligation to recover within a specified period
name and address of the person who received the goods, address at which possession may be taken of the goods, statement that the goods are unsolicited goods
Notice requirements for unsolicited goods
41(5) Liability etc. of recipient for unsolicited goods
competition-and-consumer-act-2010.pdf, p.149
42 Liability of recipient for unsolicited services
No assertion of right to payment for unauthorized entries or advertisements.
43 Assertion of right to payment for unauthorised entries or
competition-and-consumer-act-2010.pdf, p.152
44 Participation in pyramid schemes
44(1) Participation in pyramid schemes
Prohibits inducing another person to participate in a pyramid scheme.
44(2) Participation in pyramid schemes
Participating in a pyramid scheme is prohibited.
44(3) Participation in pyramid schemes
45 Meaning of pyramid scheme
45(1) Meaning of pyramid scheme
Defines a new participant in a pyramid scheme.
45(2) Meaning of pyramid scheme
The interval of participation starts with application or invitation.
Relates to temporal intervals of participation.
(2) A new participant includes a person who has applied, or been invited, to participate in the scheme.
Artificial intelligence is involved in participation through application or invitation.
Relates to artificial intelligence and machine learning in participation.
A person is a new participant if they have applied or been invited.
Classifies participants as part of the scheme.
A new participant is defined as someone who has applied or been invited.
Defines the meaning of 'new participant'.
Information about participation diffuses through application or invitation.
Relates to information diffusion about participation.
45(3) Meaning of pyramid scheme
45(4) Meaning of pyramid scheme
the scheme involves the marketing of goods or services (or both):
Temporal overlap between scheme and marketing
(4) A scheme may be a pyramid scheme even if it involves...
the holding out of the prospect of entitlement to recruitment payments does not give any new participant a legally enforceable right:
(4) A scheme may be a pyramid scheme even if it has any or all of the following characteristics:
it has any or all of the following characteristics:
Scheme may be a pyramid scheme even if...
the participation payments may (or must) be made after the new participants begin to take part in the scheme:
the scheme are not recorded in writing (whether entirely or partly):
Temporal relationship between scheme and recording
(4) A scheme may be a pyramid scheme even if arrangements for...
competition-and-consumer-act-2010.pdf, p.153
Marketing schemes involving goods or services are prohibited.
46 Marketing schemes as pyramid schemes
Prohibits marketing schemes involving goods or services.
competition-and-consumer-act-2010.pdf, p.155
47 Multiple pricing
47(1) Multiple pricing
A displayed price for goods is a price for the goods or any representation that may reasonably be inferred to be a representation of a price for the goods.
47(2) Multiple pricing
Requires a reasonable inference of price representation
Classifies goods based on representations
competition-and-consumer-act-2010.pdf, p.156
48 Single price to be specified in certain circumstances
No representation of a part of the consideration for goods or services unless specified in a prominent way and as a single figure.
48(1) Single price to be specified in certain circumstances
Prohibition of making a representation with respect to an amount that would constitute part of the consideration.
Classification of goods or services as those ordinarily acquired for personal, domestic or household use or consumption.
48(2) Single price to be specified in certain circumstances
No obligation to include sending charge.
minimum amount of a charge in relation to sending the goods from the supplier to the other person
Specify minimum charge for sending goods
48(3) Single price to be specified in certain circumstances
The person must specify the minimum amount
The person knows, at the time of the representation, the minimum amount of a charge in relation to sending the goods from the supplier to the other person that must be paid by the other person
The person must not make the representation referred to in subsection (1) unless the person also specifies that minimum amount
Do not make representation without specifying minimum charge
(a) The person does not include in the single price a charge that is payable in relation to sending the goods from the supplier to the other person; and (b) The person knows, at the time of the representation, the minimum amount of a charge in relation to sending the goods from the supplier to the other person that must be paid by the other person
(3) However, if: (a) The person does not include in the single price a charge that is payable in relation to sending the goods from the supplier to the other person; and (b) The person knows, at the time of the representation, the minimum amount of a charge in relation to sending the goods from the supplier to the other person that must be paid by the other person;
(b) The person knows, at the time of the representation, the minimum amount of a charge in relation to sending the goods from the supplier to the other person that must be paid by the other person
Minimum charge for sending goods is recurring
48(4) Single price to be specified in certain circumstances
Exemption from subsection (1) under certain circumstances
48(4A) Single price to be specified in certain circumstances
competition-and-consumer-act-2010.pdf, p.160
No inducing consumers for benefits in return for assisting others
49 Referral selling
competition-and-consumer-act-2010.pdf, p.112
5 When donations are treated as supplies or acquisitions
Item 2 of Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015
5 Apr 2019
Trade Practices (Transfer of Market Dominance) Amendment Act 1986
5 June 1985
5 Apr 1988
5 July 1999
5 Oct 2000
5 June 2001
5 June 2001 (s 2)
5 Mar 2015
Defines compilation date and act details
Donations must be for promotional purposes to be treated as supplies or acquisitions.
5(1) When donations are treated as supplies or acquisitions
Treats donations as supplies or acquisitions for specified purposes.
5(2) When donations are treated as supplies or acquisitions
50 Harassment and coercion
Prohibition on using physical force, harassment, or coercion in specified contexts.
50(1) Harassment and coercion
50(2) Harassment and coercion
competition-and-consumer-act-2010.pdf, p.161
51 Guarantee as to title
Supplier has a right to dispose of property in goods when it passes to consumer.
51(1) Guarantee as to title
Right to dispose of property in goods applies during passage of goods.
Supplier has a right to dispose of property in goods.
Guarantee that supplier will have a right to dispose of property in goods when it passes to consumer.
Right to dispose of property in goods spreads to consumer.
Permits limited title transfer without applying subsection (1)
51(2) Guarantee as to title
Exemption from application of section 51(3)
51(3) Guarantee as to title
Section does not apply if supply is by way of hire or lease.
52 Guarantee as to undisturbed possession
Guarantee of undisturbed possession for consumers
52(1) Guarantee as to undisturbed possession
there is a guarantee that the consumer has the right to undisturbed possession of the goods
(b) the supply is not a supply of limited title
(a) a person (the supplier) supplies goods to a consumer
Disturbment of consumer's undisturbed possession is permitted under certain conditions.
52(2) Guarantee as to undisturbed possession
Permission to disturb consumer's possession
Consumer's undisturbed possession may be lawfully disturbed
52(3) Guarantee as to undisturbed possession
competition-and-consumer-act-2010.pdf, p.162
53 Guarantee as to undisclosed securities etc.
Guarantee that goods are free from undisclosed security, charge or encumbrance.
53(1) Guarantee as to undisclosed securities etc.
Goods remain free from security, charge or encumbrance until property passes to consumer
(d) the goods will remain free from such a security, charge or encumbrance until the time when the property in the goods passes to the consumer;
Supplier's obligation implies guarantee for consumer
(a) a person (the supplier) supplies goods to a consumer; and (b) the supply is not a supply of limited title;
Guarantee propagates to consumer through supply
(c) the goods are free from any security, charge or encumbrance:
Supplier must comply with guarantee unless floating charge becomes fixed and enforceable.
53(2) Guarantee as to undisclosed securities etc.
Supplier has an obligation to comply with the guarantee.
Disclosure of all known securities, charges or encumbrances
Disclosure of securities, charges or encumbrances
53(3) Guarantee as to undisclosed securities etc.
Exemption from guarantee for supplies by way of hire or lease
53(4) Guarantee as to undisclosed securities etc.
Prohibits application of section to supplies by way of hire or lease
competition-and-consumer-act-2010.pdf, p.163
54 Guarantee as to acceptable quality
Guarantee of acceptable quality for goods supplied to consumers.
54(1) Guarantee as to acceptable quality
54(2) Guarantee as to acceptable quality
Must provide goods of acceptable quality.
Guarantee as to acceptable quality of goods
54(3) Guarantee as to acceptable quality
competition-and-consumer-act-2010.pdf, p.165
55 Guarantee as to fitness for any disclosed purpose etc.
Supplier must guarantee goods are reasonably fit for disclosed purpose.
55(1) Guarantee as to fitness for any disclosed purpose etc.
Supplier has an obligation to guarantee goods.
Express or implied knowledge of purpose to supplier, manufacturer, or person conducting prior negotiations.
Consumer must disclose purpose for which goods are being acquired.
55(2) Guarantee as to fitness for any disclosed purpose etc.
Purpose must be disclosed within a certain timeframe
(2) A disclosed purpose is a particular purpose (whether or not that purpose is a purpose for which the goods are commonly supplied) for which the goods are being acquired by the consumer and that:
Disclosure of purpose implies a relationship between consumer and supplier
the consumer makes known, expressly or by implication, to: (i) the supplier; or (ii) a person by whom any prior negotiations or arrangements in relation to the acquisition of the goods were conducted or made;
Consumer makes known purpose to supplier, manufacturer, or person conducting prior negotiations.
Consumer may disclose purpose without obligation
Consumer must disclose purpose at each stage of acquisition
Consumer makes known, expressly or by implication, to: (i) the supplier; or (ii) a person by whom any prior negotiations or arrangements in relation to the acquisition of the goods were conducted or made;
Consumer reliance on supplier's skill or judgment is not a requirement for this section to apply.
55(3) Guarantee as to fitness for any disclosed purpose etc.
Exemption from obligation based on circumstances
Circumstances show that consumer did not rely...
Guarantee that goods correspond with the description if supplied by description to a consumer.
56 Guarantee relating to the supply of goods by description
competition-and-consumer-act-2010.pdf, p.166
57 Guarantees relating to the supply of goods by sample or
Guarantee that goods supplied by sample or demonstration model correspond with the sample in quality, state or condition.
57(1) Guarantees relating to the supply of goods by sample or
Goods supplied by sample or demonstration model
(a) a person supplies, in trade or commerce, goods to a consumer by reference to a sample or demonstration model
Guarantees apply if goods are supplied by sample or demonstration model as well as by description.
57(2) Guarantees relating to the supply of goods by sample or
the guarantees in section 56 and in this section both apply
(2) If goods are supplied by reference to a sample or demonstration model as well as by description
58 Guarantee as to repairs and spare parts
58(1) Guarantee as to repairs and spare parts
Exemption from guarantee for reasonable action taken by manufacturer
58(2) Guarantee as to repairs and spare parts
competition-and-consumer-act-2010.pdf, p.167
59 Guarantee as to express warranties
Guarantee for express warranties in trade or commerce
59(1) Guarantee as to express warranties
59(2) Guarantee as to express warranties
the guarantee applies to goods supplied within this temporal interval
Temporal interval for guarantee application
there is a guarantee that the supplier will comply with any express warranty given or made by the supplier in relation to the goods.
6 Related bodies corporate
6 Dec 2011
Consequential Amendments and Transitional Provisions
Commencement of Competition and Consumer Amendment (Australian Energy Regulator Separation) Act 2025
6 Nov 2025
Act commences on specified date, overlaps with existing provisions
6 Dec 1978
Trade Practices Amendment Act (No. 2) - s 8(2), 20
6 Dec 1978 (s 2)
Trade Practices (Boycotts) Amendment Act 1980
6 Apr 2006
Commences on specific dates for certain schedules
6 Nov 2006
Item 4 of Financial Framework Legislation Amendment Act 2010
Part of Financial Framework Legislation Amendment Act 2010
A body corporate is taken to be related to another body corporate if the bodies corporate would, under section 4A(5) of the Competition and Consumer Act, be deemed to be related to each other.
6(1) Related bodies corporate
Bodies corporate are not presumed related to each other in proceedings under this Schedule.
6(2) Related bodies corporate
competition-and-consumer-act-2010.pdf, p.168
Guarantee of due care and skill for services supplied to consumers
60 Guarantee as to due care and skill
61 Guarantees as to fitness for a particular purpose etc.
Guarantee for services supplied to consumers with a particular purpose.
61(1) Guarantees as to fitness for a particular purpose etc.
Guarantee for services to achieve a particular result
61(2) Guarantees as to fitness for a particular purpose etc.
(2) If: a person (the supplier) supplies, in trade or commerce, services to a consumer; and the consumer makes known...
(b) the consumer makes known, expressly or by implication, to: i) the supplier; or ii) a person...
Consumer reliance on supplier's skill or judgment is not a duty.
61(3) Guarantees as to fitness for a particular purpose etc.
Temporal intervals of non-reliance and reasonableness overlap.
The circumstances show that the consumer did not rely on, or that it was unreasonable for the consumer to rely on, the skill or judgment of the supplier.
Recognizing non-reliance and reasonableness.
Excluding reliance on supplier's skill or judgment.
The consumer did not rely on, or it was unreasonable for the consumer to rely on, the skill or judgment of the supplier.
Diffusing non-reliance and reasonableness.
Tracing non-reliance and reasonableness.
Exemption from guarantees for professional services
61(4) Guarantees as to fitness for a particular purpose etc.
Relates the exemption from guarantees for professional services to the type of service provided
(4) This section does not apply to a supply of services of a professional nature by a qualified architect or engineer.
Classifies exemptions from guarantees for professional services as a type of exemption
Exempts state from guaranteeing fitness for a particular purpose
Implicates that the exemption from guarantees for professional services is intended to promote diffusion of professional services
Implicates that exemptions from guarantees for professional services are based on the type of service provided
Services to be supplied within a reasonable time
competition-and-consumer-act-2010.pdf, p.169
62 Guarantee as to reasonable time for supply
Services must be supplied within a reasonable time
63 Services to which this Subdivision does not apply
63(1) Services to which this Subdivision does not apply
Exemptions from the obligation to carry on a business or trade in relation to goods.
63(2) Services to which this Subdivision does not apply
competition-and-consumer-act-2010.pdf, p.170
64 Guarantees not to be excluded etc. by contract
Excluding or modifying guarantees under Division applies to a supply of goods or services.
64(1) Guarantees not to be excluded etc. by contract
Terms that exclude or modify guarantees under Division overlap with Division.
(c) any liability of a person for a failure to comply with a guarantee that applies under this Division to a supply of goods or services.
Terms that exclude or modify guarantees under Division are validated as void.
Prohibits excluding or modifying guarantees under Division.
(1) A term of a contract (including a term that is not set out in the contract but is incorporated in the contract by another term of the contract) is void to the extent that the term purports to exclude, restrict or modify, or has the effect of excluding, restricting or modifying:
Terms that exclude or modify guarantees under Division influence the application of Division.
(a) the application of all or any of the provisions of this Division; or (b) the exercise of a right conferred by such a provision;
Terms that exclude or modify guarantees under Division are contained within Division.
Term of a contract cannot exclude or restrict the application of provisions in this Division.
64(2) Guarantees not to be excluded etc. by contract
Prohibition on excluding or restricting provisions
64A Limitation of liability for failures to comply with guarantees
Limitation of liability for failures to comply with guarantees
64A(1) Limitation of liability for failures to comply with guarantees
64A(2) Limitation of liability for failures to comply with guarantees
Exempts from liability for non-compliance with guarantees if it is not fair or reasonable to rely on the term.
64A(3) Limitation of liability for failures to comply with guarantees
This section does not apply in relation to a term of a contract if...
Defines the temporal scope of the exemption.
The person to whom the goods or services were supplied establishes that it is not fair or reasonable for the person who supplied the goods or services to rely on that term of the contract.
Provides justification for exemption from liability for non-compliance with guarantees.
Exempts from liability for non-compliance with guarantees.
Allows for exemption from liability for non-compliance with guarantees.
Defines the recurring nature of the exemption.
Court must consider certain circumstances when determining fairness of reliance on a contract term.
64A(4) Limitation of liability for failures to comply with guarantees
Previous course of dealing is relevant to determining fairness.
Circumstances include previous course of dealing between parties.
Having regard, among other things, to any custom of the trade and any previous course of dealing between the parties;
Fairness of reliance on a contract term is determined.
Court must consider certain circumstances.
Court is to have regard to all the circumstances of the case.
Fairness of reliance on a contract term is determined based on these circumstances.
Court must consider all circumstances when determining fairness.
A court is to have regard to all the circumstances of the case;
Buyer's knowledge is relevant to determining fairness.
Circumstances include buyer's knowledge of term's existence and extent.
Whether the buyer knew or ought reasonably to have known of the existence and extent of the term;
competition-and-consumer-act-2010.pdf, p.172
65 Application of this Division to supplies of gas, electricity and
65(1) Application of this Division to supplies of gas, electricity and
65(2) Application of this Division to supplies of gas, electricity and
Definition of telecommunications service
66 Display notices
Notice that meets the requirements of the determination.
Display notices required by the Commonwealth Minister.
66(1) Display notices
Display notice to consumer before supply
66(2) Display notices
Specify information about the application of provisions in this Division.
66(3) Display notices
Requires notice to include specified information.
competition-and-consumer-act-2010.pdf, p.173
Provisions of this Division apply despite a term substituting foreign law.
67 Conflict of laws
Proper law of a contract is not the same as the law provided by the contract term.
The contract term provides for a different law than the proper law.
If the proper law of a contract would be foreign, then this Division applies.
This Division applies despite that term.
Term substitutes provisions of foreign law.
Provisions of this Division repeat despite that term.
The provisions of this Division apply despite a term substituting foreign law.
Provisions of the United Nations Convention on Contracts for the International Sale of Goods prevail over Australian provisions.
68 Convention on Contracts for the International Sale of Goods
The Convention prevails over the Division to the extent of any inconsistency.
Obligation to prioritize international convention over Australian provisions.
The Convention prevails over the Division.
competition-and-consumer-act-2010.pdf, p.174
69 Meaning of unsolicited consumer agreement
Definition of unsolicited consumer agreement
69(1) Meaning of unsolicited consumer agreement
(1) An agreement is an unsolicited consumer agreement if...
The consumer is not taken to have invited the dealer.
69(1A) Meaning of unsolicited consumer agreement
The consumer is taken to have invited the dealer.
No invitation to enter into negotiations for a supply
69(2) Meaning of unsolicited consumer agreement
Defines temporal interval for negotiation prohibition
(2) An invitation merely to quote a price for a supply is not taken, for the purposes of subsection (1)(c), to be an invitation to enter into negotiations for a supply.
Rebuts argument that negotiating is permissible
Prohibits invitations to enter into negotiations
Establishes obligation to refrain from negotiating
Defines repetition of negotiation prohibition
An agreement is also an unsolicited consumer agreement if it meets the regulations' definition.
69(3) Meaning of unsolicited consumer agreement
An agreement is an unsolicited consumer agreement if it occurs during the same time period as the regulations.
Temporal relationship between regulation and agreement.
The regulations provide a temporal relationship for unsolicited consumer agreements.
An agreement is classified as an unsolicited consumer agreement if it meets the definition.
Classification into unsolicited consumer agreements.
The regulations provide a classification for unsolicited consumer agreements.
An agreement meets the definition if it is of that kind.
The regulations provide a definition for an unsolicited consumer agreement.
An agreement is an unsolicited consumer agreement if it meets the definition.
Equivalence between regulation and agreement.
An agreement is an unsolicited consumer agreement if it occurs at all times during the same time period as the regulations.
An agreement is not an unsolicited consumer agreement if it meets certain regulations.
69(4) Meaning of unsolicited consumer agreement
7 Meaning of manufacturer
Conditional commencement of Law and Justice Legislation Amendment Act (No. 2) 1994
7 Apr 1994
7 Dec 2023
Defines who is considered a manufacturer under the Act.
7(1) Meaning of manufacturer
The Australian Consumer Law Schedule 2 Introduction Chapter 1 Section 7
Defines the temporal relationship between the manufacturer and the goods.
(i) the supply or possible supply of goods by that other person; or (ii) the promotion by that other person by any means of the supply or use of goods;
Identifies the subject of the definition.
(a) a person who grows, extracts, produces, processes or assembles goods;
(b) a person who holds himself or herself out to the public as the manufacturer of goods;
(c) a person who causes or permits the name of the person, a name by which the person carries on business or a brand or mark of the person to be applied to goods supplied by the person;
(d) a person (the first person) who causes or permits another person, in connection with: ... to hold out the first person to the public as the manufacturer of the goods;
(e) a person who imports goods into Australia if: ... at the time of the importation, the manufacturer of the goods does not have a place of business in Australia;
7(2) Meaning of manufacturer
Person is taken to have imported goods into Australia if goods are imported on their behalf.
7(3) Meaning of manufacturer
Person is taken to have imported goods into Australia at some point in time.
Describes the temporal relationship between importing and being taken to have imported
Goods are imported into Australia on behalf of a person.
Establishes the implication between importing and being taken to have imported
Represents the knowledge that person is taken to have imported goods into Australia if goods are imported on their behalf
Person is taken to have imported goods into Australia.
Describes the propagation of the obligation from the importer to the person
competition-and-consumer-act-2010.pdf, p.175
70 Presumption that agreements are unsolicited consumer
Presumption that agreements are unsolicited consumer agreements
70(1) Presumption that agreements are unsolicited consumer
Defines relation between temporal intervals for commencement
(1) In a proceeding relating to a contravention or possible contravention of this Division (other than a criminal proceeding), an agreement is presumed to be an unsolicited consumer agreement
if: (a) a party to the proceeding alleges that the agreement is an unsolicited consumer agreement; and (b) no other party to the proceeding proves that the agreement is not an unsolicited consumer agreement.
Presumes agreement is unsolicited consumer
Presumption that agreements are unsolicited consumer
70(2) Presumption that agreements are unsolicited consumer
Presumption of unsolicited consumer agreement
competition-and-consumer-act-2010.pdf, p.176
Defines what constitutes a dealer in trade or commerce.
71 Meaning of dealer
with a view to making an agreement for the supply of goods or services to the consumer;
Describes the timing relationship between the definition and its application.
for the purpose of entering into such negotiations;
Establishes a causal relationship between the definition and its application.
A dealer is a person who, in trade or commerce:
Identifies the type of entity being described.
Defines negotiation for an agreement or proposed agreement.
72 Meaning of negotiation
An agreement or proposed agreement is being negotiated.
Includes discussion or dealing towards making an agreement.
A negotiation includes any discussion or dealing...
Defines a subdivision for negotiating unsolicited consumer agreements.
Subdivision B—Negotiating unsolicited consumer agreements
73 Permitted hours for negotiating an unsolicited consumer
Dealer cannot call on a person for negotiating an unsolicited consumer agreement at certain times.
73(1) Permitted hours for negotiating an unsolicited consumer
...or for an incidental or related purpose:
Specifies the time period during which calling is prohibited.
(1) A dealer must not call on a person...
Suggests that the prohibition implies certain conditions.
Suggests that the prohibition recognizes certain patterns.
Prohibits calling on a person for negotiating an unsolicited consumer agreement at certain times.
Suggests that the prohibition diffuses uncertainty.
Permitted hours for negotiating an unsolicited consumer agreement
73(2) Permitted hours for negotiating an unsolicited consumer
(2) Subsection (1) does not apply if the dealer calls on the person in accordance with consent that was given by the person to the dealer or a person acting on the dealer’s behalf; and was not given in the presence of the dealer or a person acting on the dealer’s behalf.
Negotiation without consent is prohibited
Dealer's actions are permitted if consent is given
Temporal interval for unsolicited consumer agreement
competition-and-consumer-act-2010.pdf, p.177
Dealer must disclose purpose and identity before negotiating an unsolicited consumer agreement.
74 Disclosing purpose and identity
Dealer must disclose purpose and identity.
Must leave premises immediately on request
75 Ceasing to negotiate on request
Prohibits leaving premises without permission
Information about termination period, exercising the right, and other prescribed matters
competition-and-consumer-act-2010.pdf, p.178
Must inform person of termination period, way to exercise right, and other matters before making unsolicited consumer agreement.
76 Informing person of termination period etc.
Cannot make unsolicited consumer agreement
Prohibits making unsolicited consumer agreements without providing required information
Dealer must provide information before making agreement
Requires dealer to provide information before making unsolicited consumer agreement
competition-and-consumer-act-2010.pdf, p.179
Supplier liable for contraventions by dealers
77 Liability of suppliers for contraventions by dealers
Relation to an unsolicited consumer agreement
If a dealer contravenes a provision of this Subdivision in relation to an unsolicited consumer agreement;
the supplier of goods or services is also taken to have contravened that provision in relation to the agreement.
Liability of suppliers for contraventions by dealers
Supplier of goods or services is also taken to have contravened that provision in relation to the agreement.
Contravention by dealer affects supplier
the supplier of the goods or services is also taken to have contravened that provision in relation to the agreement.
Dealer contravenes a provision of this Subdivision
If: (a) a dealer contravenes a provision of this Subdivision in relation to an unsolicited consumer agreement;
78 Requirement to give document to the consumer
Dealer must provide copy of agreement to consumer after signing.
78(1) Requirement to give document to the consumer
Must provide document to consumer within 5 business days after unsolicited agreement negotiation.
78(2) Requirement to give document to the consumer
The agreement document must set out all terms, including total consideration and postal charges.
competition-and-consumer-act-2010.pdf, p.180
Supplier must comply with specific requirements for unsolicited consumer agreements.
79 Requirements for all unsolicited consumer agreements etc.
Supplier has a duty to comply with the requirements.
competition-and-consumer-act-2010.pdf, p.114
Goods are taken to be supplied to a consumer even if they are affixed to land or premises at the time of supply.
8 Goods affixed to land or premises
Amendment by Industrial Relations Legislation Amendment Act (No. 2) 1990
8 Nov 1988
8 July 1999
Conditional commencement of Australian Energy Market Amendment (AEMO and Other Measures) Act 2009
8 Dec 2008
8 Apr 2024
competition-and-consumer-act-2010.pdf, p.181
Supplier must ensure agreement complies with requirements
80 Additional requirements for unsolicited consumer agreements
competition-and-consumer-act-2010.pdf, p.182
Both parties must sign amendments to unsolicited consumer agreements.
81 Requirements for amendments of unsolicited consumer
82 Terminating an unsolicited consumer agreement during the
Consumer may terminate unsolicited consumer agreement
82(1) Terminating an unsolicited consumer agreement during the
Right of termination under this section may be exercised despite affirmation by the consumer.
82(2) Terminating an unsolicited consumer agreement during the
Consumer has a right to terminate an unsolicited consumer agreement within a specified period.
82(3) Terminating an unsolicited consumer agreement during the
Defines a temporal interval for termination.
competition-and-consumer-act-2010.pdf, p.184
83 Effect of termination
Voiding of related contracts or instruments upon termination of unsolicited consumer agreements.
83(1) Effect of termination
Temporal overlap between termination and voiding.
(1) If an unsolicited consumer agreement is terminated in accordance with section 82:
Prohibition of related contracts or instruments.
Diffusion of voiding to related contracts or instruments.
(b) any related contract or instrument is void.
Recurring trace of voided contracts or instruments.
(a) the agreement is taken to have been rescinded by mutual consent;
Excludes tied continuing credit contracts and tied loan contracts from the definition of a related contract or instrument.
83(2) Effect of termination
Prohibits tied continuing credit contracts and tied loan contracts from being related to an unsolicited consumer agreement.
Tied continuing credit contract or tied loan contract
Defines the scope of related contracts and instruments in relation to an unsolicited consumer agreement.
The termination of an unsolicited consumer agreement has effect for the purposes of section 82 and this section.
83(3) Effect of termination
competition-and-consumer-act-2010.pdf, p.185
Return consideration upon termination of unsolicited consumer agreement
84 Obligations of suppliers on termination
85 Obligations and rights of consumers on termination
Consumer must return goods or notify supplier within a reasonable time after termination of unsolicited consumer agreement.
85(1) Obligations and rights of consumers on termination
Goods become property of consumer upon notice to supplier.
85(2) Obligations and rights of consumers on termination
competition-and-consumer-act-2010.pdf, p.187
86 Prohibition on supplies etc.
Supplier must not supply goods or services under an unsolicited consumer agreement.
86(1) Prohibition on supplies etc.
Prohibits supplier from supplying goods or services under an unsolicited consumer agreement.
86(2) Prohibition on supplies etc.
Prohibition on supplying services in contravention of the section.
86(3) Prohibition on supplies etc.
competition-and-consumer-act-2010.pdf, p.188
Supplier must refund payments made after termination.
87 Repayment of payments received after termination
88 Prohibition on recovering amounts after termination
Prohibition on recovering amounts after termination
88(1) Prohibition on recovering amounts after termination
...a person must not bring, or assert an intention to bring, legal proceedings against the consumer;
Specifies the temporal interval during which the prohibition applies
(1) If an unsolicited consumer agreement is terminated in accordance with section 82, a person must not...
Exemptions from prohibition on recovering amounts after termination
88(1A) Prohibition on recovering amounts after termination
88(2) Prohibition on recovering amounts after termination
88(3) Prohibition on recovering amounts after termination
competition-and-consumer-act-2010.pdf, p.189
89 Certain provisions of unsolicited consumer agreements void
Excluding, limiting, modifying or restricting a right of the consumer under the agreement to terminate the agreement
89(1) Certain provisions of unsolicited consumer agreements void
Prohibits a provision of an unsolicited consumer agreement
(1) A provision (however described) of an unsolicited consumer agreement is void if it has the effect of, or purports to have the effect of:
Supplier must ensure agreement does not include void provision.
89(2) Certain provisions of unsolicited consumer agreements void
Supplier has a duty to ensure agreement does not include void provision.
9 Meaning of safety defect in relation to goods
9 Dec 1976
9 July 1992
Trade Practices Legislation Amendment Act 1992
9 July 1992 (s 2)
Consequential and Transitional Amendment Act 1999
9 July 1999 (s 2)
Treasury Laws Amendment (Energy Price Relief Plan) Act 2022
9 Nov 2022
Goods have a safety defect if their safety is not such as persons generally are entitled to expect.
9(1) Meaning of safety defect in relation to goods
safety defects occur during the period of use
(1) For the purposes of this Schedule, goods have a safety defect if...
Consider relevant circumstances when determining the safety of goods.
9(2) Meaning of safety defect in relation to goods
Inference of safety defect not solely based on supply of safer goods.
9(3) Meaning of safety defect in relation to goods
Inference not solely based on supply of safer goods.
No sole reliance on supply of safer goods.
Goods have a safety defect if there is an inference based on non-compliance with the safest possible standard.
9(4) Meaning of safety defect in relation to goods
(4) An inference that goods have a safety defect is not to be made only because: (a) there was compliance with a Commonwealth mandatory standard for them; and (b) that standard was not the safest possible standard having regard to the latest state of scientific or technical knowledge when they were supplied by their manufacturer.
The inference is valid before the standard was met.
The inference is valid before the standard was not met.
competition-and-consumer-act-2010.pdf, p.190
90 Waiver of rights
Consumer cannot waive rights under unsolicited consumer agreement.
90(1) Waiver of rights
Supplier cannot induce consumer to waive rights.
90(2) Waiver of rights
91 Application of this Division to persons to whom rights of
This Division applies to persons to whom rights of a consumer under a contract are assigned or transferred.
91(1) Application of this Division to persons to whom rights of
Division applies to persons with assigned or transferred rights
91(2) Application of this Division to persons to whom rights of
This Division applies in relation to a contract for the supply of goods or services to a consumer on the order of another person as if the other person were also the consumer.
92 Application of this Division to supplies to third parties
There is an obligation to apply this division
competition-and-consumer-act-2010.pdf, p.191
93 Effect of contravening this Division
Supplier cannot enforce agreement against consumer if provision of Division has been contravened.
93(1) Effect of contravening this Division
Supplier cannot enforce agreement against consumer
Temporal interval between provision and enforcement
Provision of Division has been contravened in relation to the agreement
If provision is contravened, then supplier cannot enforce agreement
Cognitive agent recognizes obligation limitation
Provision of Division has been contravened
Diffuse obligation from supplier to consumer
No action prevents under this Schedule in relation to contravention.
93(2) Effect of contravening this Division
94 Regulations may limit the application of this Division
Exempts conduct from Corporations Act 2001 if it is prohibited by section 992A.
95 Application of this Division to certain conduct covered by the
The exemption applies only when section 992A prohibits hawking of financial products.
This Division does not apply in relation to conduct to which section 992A applies.
The exemption is represented by the knowledge that section 992A prohibits hawking of financial products.
This Division does not apply to conduct prohibited by section 992A.
Section 992A prohibits hawking of financial products.
The prohibition is recurring and applies to conduct prohibited by section 992A.
The prohibition is validated by the schema that section 992A applies.
competition-and-consumer-act-2010.pdf, p.192
96 Lay-by agreements must be in writing etc.
Agreement in writing, copy of agreement for consumer
Supplier must ensure agreement is in writing and copy given to consumer.
96(1) Lay-by agreements must be in writing etc.
Supplier must ensure lay-by agreement is transparent.
96(2) Lay-by agreements must be in writing etc.
96(3) Lay-by agreements must be in writing etc.
Deposit paid by consumer is taken to be an instalment.
96(4) Lay-by agreements must be in writing etc.
97 Termination of lay-by agreements by consumers
Consumer may terminate lay-by agreement at any time before goods delivery.
97(1) Termination of lay-by agreements by consumers
Consumer obligation to terminate lay-by agreement.
Supplier must not charge termination fee unless consumer terminates agreement or supplier breaches agreement.
97(2) Termination of lay-by agreements by consumers
unless consumer terminates agreement or supplier breaches agreement.
Supplier must not charge termination fee.
Supplier of goods who is a party to a lay-by agreement
Supplier must ensure termination charge is reasonable
97(3) Termination of lay-by agreements by consumers
Supplier has a duty to ensure termination charge is reasonable
competition-and-consumer-act-2010.pdf, p.193
Termination of lay-by agreements by suppliers under certain conditions.
98 Termination of lay-by agreements by suppliers
Supplier must not terminate the agreement
99 Effect of termination
Supplier must refund consumer amounts after termination of lay-by agreement.
99(1) Effect of termination
Supplier has an obligation to refund consumer amounts.
Entitlement to recover unpaid termination charge from consumer.
99(2) Effect of termination
The unpaid termination charge can be recovered during the lay-by agreement period.
Unpaid termination charge can be recovered during lay-by agreement period.
The supplier is entitled to recover any unpaid termination charge from the consumer as a debt if the amounts paid by the consumer under the lay-by agreement are not enough to cover the charge.
The consumer has a right to recover the unpaid termination charge from the supplier.
Consumer has a right to recover unpaid termination charge from supplier.
Supplier is entitled to recover any unpaid termination charge from the consumer as a debt if the amounts paid by the consumer under the lay-by agreement are not enough to cover the charge.
The consumer has a right to recover the unpaid termination charge.
Consumer has a right to recover unpaid termination charge.
Supplier is entitled to recover any unpaid termination charge from the consumer.
The recovery of the unpaid termination charge depends on the consumer's payment under the lay-by agreement.
Recovery of unpaid termination charge depends on consumer's payment under lay-by agreement.
competition-and-consumer-act-2010.pdf, p.195
99A Meaning of gift card
99B Gift cards to be redeemable for at least 3 years
Supplying a gift card with an expiration date earlier than 3 years is prohibited.
99B(1) Gift cards to be redeemable for at least 3 years
The temporal interval for the prohibition is at least 3 years.
The prohibition applies to gift cards with an expiration date earlier than 3 years.
The provision can be represented using knowledge representation techniques.
Knowledge representation of the provision.
Supplying a gift card with an early expiration date is prohibited.
Prohibition of supplying a gift card with an early expiration date.
The law prohibits supplying a gift card if its expiration date is earlier than 3 years.
There is a recurring trace of the prohibition in the supply of gift cards.
The prohibition applies to all supplies of gift cards.
Gift card must be redeemable for at least 3 years after supply.
99B(2) Gift cards to be redeemable for at least 3 years
The state must ensure gift cards are redeemable for at least 3 years after supply.
Person's liability for alleged contravention of subsection (1) or section 191A is unaffected.
99B(3) Gift cards to be redeemable for at least 3 years
competition-and-consumer-act-2010.pdf, p.196
Supplying a gift card without prominent expiry date information is prohibited.
99C When gift card ceases to be redeemable to appear prominently
Prohibition of supplying gift card without prominent expiry date information.
99D Terms and conditions not to allow post-supply fees
No post-supply fees allowed for gift cards.
99D(1) Terms and conditions not to allow post-supply fees
Post-supply fees not allowed for gift cards after supply
99D(2) Terms and conditions not to allow post-supply fees
Demanding or receiving post-supply fees in relation to a gift card is prohibited.
99E Post-supply fees not to be demanded or received
competition-and-consumer-act-2010.pdf, p.197
99F Certain terms and conditions of gift card void
Term or condition void if allowing post-supply fee or reducing redeemability period
99F(1) Certain terms and conditions of gift card void
...to a period that ends earlier than 3 years after the day the gift card is supplied to a consumer.
(b) reducing the period that the gift card ceases to be redeemable...
...it has the effect of, or purports to have the effect of: ...
Relates to condition of voiding term or condition
(1) A term or condition (however described) of a gift card is void if...
Prohibits certain terms and conditions of gift card
Relates to period of post-supply fee payment
(a) allowing or requiring the payment of a post-supply fee in relation to the gift card...
Supplier must ensure gift card terms are not void
99F(2) Certain terms and conditions of gift card void
Supplier has a duty to ensure gift card terms are not void
Liability for certain sections is not affected by this section.
99F(3) Certain terms and conditions of gift card void
Regulations may limit application of this Division
99G Regulations may limit application of this Division
competition-and-consumer-act-2010.pdf, p.1
Compilation information and notes on amendments, application, saving, transitional provisions, editorial changes, presentational changes, modifications, and self-repealing provisions.
27 May 2026
Classifies the text as a descriptive compilation.
Competition and Consumer Act 2010