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