Competition and Consumer Act 2010 (Cth)

Part II

The Australian Competition and Consumer Commission

6A Establishment of Commission

7 Constitution of Commission

8 Terms and conditions of appointment

8A Associate members

8AB State/Territory AER members taken to be associate members

9 Remuneration

10 Deputy Chairpersons

11 Acting Chairperson

12 Leave of absence

13 Termination of appointment of members of the Commission

14 Termination of appointment of associate members of the Commission

15 Resignation

16 Arrangement of business

17 Disclosure of interests by members

17A Disclosure of certain interests by members of the Commission when taking part in determinations of matters

18 Meetings of Commission

19 Chairperson may direct Commission to sit in Divisions

25 Delegation by Commission

26 Delegation by Commission in relation to unconscionable conduct and consumer protection

27 Staff of Commission

27A Consultants

28 Functions of Commission in relation to dissemination of information, law reform and research

29 Commission to comply with directions of Minister and requirements of the Parliament

Part III

The Australian Competition Tribunal

30 Constitution of Tribunal

31 Qualifications of members of Tribunal

31A Appointment of Judge as presidential member of Tribunal not to affect tenure etc.

32 Terms and conditions of appointment

33 Remuneration and allowances of members of Tribunal

34 Acting appointments

35 Suspension and removal of members of Tribunal

36 Resignation

37 Constitution of Tribunal for particular matters

38 Validity of determinations

39 President may give directions

40 Disclosure of interests by members of Tribunal

41 Presidental member to preside

42 Decision of questions

43 Member of Tribunal ceasing to be available

43A Counsel assisting Tribunal

43B Consultants

44 Staff of Tribunal

44A Acting appointments

Part IIIAB

Application of the finance law

44AAL Application of the finance law

Access to services

Division 1—Preliminary

44AA Objects of Part

44B Definitions 

44C How this Part applies to partnerships and joint ventures

44CA Meaning of declaration criteria 

44D Meaning of designated Minister 

44DA The principles in the Competition Principles Agreement have status as guidelines

44E This Part binds the Crown

Division 2 - Declared services

Subdivision A - Recommendation by the Council

44F Person may request recommendation 

44FA Council may request information

44G Limits on the Council recommending declaration of a service 

44GA Time limit for Council recommendations

44GB Council may invite public submissions on the application

44GC Council must publish its recommendation

Subdivision B - Declaration by the designated Minister

44H Designated Minister may declare a service

44HA Designated Minister must publish his or her decision

44I Duration and effect of declaration

44J Revocation of declaration 

44K Review of declaration

44KA Tribunal may stay operation of declaration

44KB Tribunal may order costs be awarded

44L Review of decision not to revoke a declaration

Division 2AA - Services that are ineligible to be declared

Subdivision A - Scope of Division

44LA Constitutional limits on operation of this Division

Subdivision B - Ineligibility recommendation by Council

44LB Ineligibility recommendation 

44LC Council may request information

44LD Time limit for Council recommendations

44LE Council may invite public submissions on the application

44LF Council must publish its recommendation

Subdivision C - Designated Minister’s decision on ineligibility

44LG Designated Minister’s decision on ineligibility 

44LH Designated Minister must publish his or her decision

Subdivision D - Revocation of ineligibility decision

44LI Revocation of ineligibility decision

Subdivision E - Review of decisions

44LJ Review of ineligibility decisions

44LK Review of decision to revoke or not revoke an ineligibility decision

Subdivision F - Other matters

44LL Ineligibility decisions subject to alteration, cancellation etc.

Division 2A - Effective access regimes

Subdivision A - Recommendation by Council

44M Recommendation for a Ministerial decision on effectiveness of access regime

44MA Council may request information

Subdivision B - Decision by Commonwealth Minister

44N Ministerial decision on effectiveness of access regime

Subdivision C - Extensions of Commonwealth Minister’s decision

44NA Recommendation by Council

44NAA Council may request information

44NB Decision by the Commonwealth Minister

Subdivision CA - Revocation of Commonwealth Minister's decision 

44NBA Recommendation by Council

44NBB Council may request information

44NBC Decision by Commonwealth Minister

Subdivision D - Procedural provisions

44NC Time limit for Council recommendations 

44NE Council may invite public submissions 

44NF Publication - Council 

44NG Publication - Commonwealth Minister

Subdivision E - Review of decisions

44O Review of Ministerial decision on effectiveness of access regime 

Subdivision F - State or Territory ceasing to be a party to Competition Principles Agreement

44P State or Territory ceasing to be a party to Competition Principles Agreement

Division 2B - Competitive tender processes for government owned facilities

44PA Approval of competitive tender process

44PAA Commission may request information

44PB Report on conduct of tender process

44PC Revocation of approval decision

44PD Time limit for Commission decisions

44PE Commission may invite public submissions

44PF Commission must publish its decisions

44PG Review of Commission’s initial decision

44PH Review of decision to revoke an approval

Division 2C - Register of decisions and declarations

44Q Register of decisions, declarations and ineligibility decisions

Division 3 - Access to declared services

Subdivision A - Scope of Division

44R Constitutional limits on operation of this Division

Subdivision B - Notification of access disputes

44S Notification of access disputes

44T Withdrawal of notifications

Subdivision C - Arbitration of access disputes

44U Parties to the arbitration

44V Determination by Commission

44W Restrictions on access determinations

44X Matters that the Commission must take into account

44XA Time limit for Commission’s final determination

44Y Commission may terminate arbitration in certain cases

44YA Commission must terminate arbitration if declaration varied or set aside by Tribunal

Subdivision D - Procedure in arbitrations

44Z Constitution of Commission for conduct of arbitration

44ZA Member of the Commission presiding at an arbitration

44ZB Reconstitution of Commission

44ZC Determination of questions

44ZD Hearing to be in private

44ZE Right to representation

44ZF Procedure of Commission

44ZG Particular powers of Commission

44ZH Power to take evidence on oath or affirmation

44ZI Failing to attend as a witness

44ZJ Failing to answer questions etc.

44ZK Intimidation etc.

44ZL Party may request Commission to treat material as confidential

44ZM Sections 18 and 19 do not apply to the Commission in an arbitration

44ZN Parties to pay costs of an arbitration

44ZNA Joint arbitration hearings

Subdivision DA - Arbitration reports

44ZNB Arbitration reports

Subdivision E - Effect of determinations

44ZO Operation of final determinations

44ZOA Effect and duration of interim determinations

Subdivision F - Review of final determinations

44ZP Review by Tribunal

44ZQ Provisions that do not apply in relation to a Tribunal review

44ZR Appeals to Federal Court from determinations of the Tribunal

44ZS Operation and implementation of a determination that is subject to appeal

44ZT Transmission of documents

Subdivision G - Variation and revocation of determinations

44ZU Variation of final determinations

44ZUA Variation and revocation of interim determinations

Division 4 - Registered contracts for access to declared services

44ZV Constitutional limits on operation of this Division

44ZW Registration of contract

44ZX Review of decision not to register contract

44ZY Effect of registration of contract

Division 5 - Hindering access to declared services

44ZZ Prohibition on hindering access to declared services

Division 6 - Access undertakings and access codes for services

Subdivision A - Giving of access undertakings and access codes

44ZZA Access undertakings by providers

44ZZAAA Proposed amendments to access undertakings

44ZZAAB Access undertakings containing fixed principles

44ZZAA Access codes prepared by industry bodies

44ZZAB Commission may rely on industry body consultations

Subdivision B - Effect of access undertakings and access codes

44ZZBA When access undertakings and access codes come into operation

Subdivision C - Extensions of access undertakings and access codes

44ZZBB Extensions of access undertakings and access codes

Subdivision D - Procedural provisions

44ZZBC Time limit for Commission decisions

44ZZBCA Commission may request information

44ZZBD Commission may invite public submissions

44ZZBE Commission must publish its decisions

Subdivision E - Review of decisions

44ZZBF Review of decisions

Subdivision F - Register of access undertakings and access codes

44ZZC Register of access undertakings and access codes

Division 6A - Pricing principles for access disputes and access undertakings or codes

44ZZCA Pricing principles for access disputes and access undertakings or codes

Division 6B - Overlap among determinations, registered contracts, access undertakings and Tribunal review

44ZZCB Deferring access disputes or access undertakings

44ZZCBA Deferral of arbitration if review is underway

44ZZCC Overlap between determinations and access undertakings

44ZZCD Overlap between registered contracts and access undertakings

Division 7 - Enforcement and remedies

44ZZD Enforcement of determinations

44ZZE Enforcement of prohibition on hindering access

44ZZF Consent injunctions

44ZZG Interim injunctions

44ZZH Factors relevant to granting a restraining injunction

44ZZI Factors relevant to granting a mandatory injunction

44ZZJ Enforcement of access undertakings

44ZZK Discharge or variation of injunction or other order

Division 8 - Miscellaneous

44ZZL Register of determinations

44ZZM Commonwealth consent to conferral of functions etc. on the Commission or Tribunal by State or Territory laws

44ZZMA How duty is imposed

44ZZMB When a law of a State or Territory imposes a duty

44ZZN Compensation for acquisition of property

44ZZNA Operation of Parts IV and VII not affected by this Part

44ZZO Conduct by directors, servants or agents

44ZZOAAA Information to be given to Tribunal 

44ZZOAA Tribunal only to consider particular material

44ZZOA Time limit for Tribunal decisions

44ZZP Regulations about review by the Tribunal

44ZZQ Regulations about fees for inspection etc. of registers

44ZZR Procedure of the Tribunal when performing functions under a State/Territory energy law or a designated Commonwealth energy law

Part IVB

Industry codes

Division 1- Preliminary

51ACA Definitions

51ACAA Meaning of industry code

Division 2 - Contravention of industry codes

51ACB Contravention of industry codes

Division 2A - Infringement notices

51ACC Purpose and effect of this Division

51ACD Issuing an infringement notice

51ACE Matters to be included in an infringement notice

51ACF Amount of penalty

51ACG Effect of compliance with an infringement notice

51ACH Effect of failure to comply with an infringement notice

51ACI Infringement notice compliance period for infringement notice

51ACJ Withdrawal of an infringement notice

Division 3 - Public warning notices

51ADA Commission may issue a public warning notice

Division 4 - Orders to redress loss or damage suffered by non-parties etc

51ADB Orders to redress loss or damage suffered by non-parties etc.

51ADC Kinds of orders that may be made to redress loss or damage suffered by non-parties etc.

Division 5 - Investigation power

51ADD Commission may require corporation to provide information

51ADE Extending periods for complying with notices

51ADF Compliance with notices

51ADG False or misleading information etc.

Division 6 - Miscellaneous

51AE Regulations relating to industry codes

51AEA Concurrent operation of State and Territory laws

Part IVBB

Gas market

Division 1 - Basic concepts

Subdivision A - Object and simplified outline

53         Object of this Part

53A      Simplified outline      

Subdivision B - Definitions

53B      Definitions     

53C      Gas market conduct

53D      Gas market participants       

Subdivision C - Geographical application            

53E       Extension to external Territories      

53F       Extraterritorial operation      

53G      Geographical application of offences         

53H      Geographical application—supplies and acquisitions     

Subdivision D - Application to government entities      

53J        Gas market provisions bind the Crown       

53K      Application to government entities

Division 2—Gas market instruments           

Subdivision A - Gas market instruments

53L       Regulations may prescribe gas market codes        

53M     Minister may make gas market emergency price orders  

53N      Scope of gas market instruments   

Subdivision B - Matters that gas market codes may deal with             

53P      General           

53Q      Dealing with other gas market participants            

53R      Negotiations, expressions of interest and offers   

53S      Agreements  

53T       Terms on which gas commodities are supplied or acquired, including price            

53U      Gas exchanges           

53V      Dispute and complaint resolution  

53W     Mediation and arbitration     

Subdivision C - Matters that gas market emergency price orders may deal with

53X       Terms on which gas commodities are supplied or acquired, including price

53Y       Gas exchanges           

Subdivision D - Incidental and other matters that gas market codes and gas market emergency price orders may deal with    

53Z       Transparency

53ZA    Reporting, records and auditing      

53ZB    Conferral of powers and functions 

53ZC   Fees   

53ZD    Incidental or related matters            

53ZE    What gas market instruments may refer to

Subdivision E - Miscellaneous matters       

53ZF    Provisions do not limit other provisions      

53ZG   Constitution—gas market instruments must not give preference to States etc.

53ZH   Fees must not amount to taxation  

53ZI      Powers to make legislative instruments     

Division 3 Compliance with gas market instruments        

Subdivision A - Civil penalty provisions of gas market instruments             

53ZJ     Civil penalty provisions of gas market instruments            

Subdivision B - Infringement notices           

53ZK    Infringement notices

Subdivision C - Public warning notices       

53ZL    Commission may give draft public warning notice             

53ZM   Commission may issue public warning notice      

53ZN   Proceedings for defamation not to lie          

Subdivision D - Orders to redress loss or damage suffered by non parties etc.    

53ZO   Orders to redress loss or damage suffered by non parties etc.     

53ZP    Kinds of orders that may be made to redress loss or damage suffered by non parties etc.            

Subdivision E - Avoidance schemes            

53ZQ   Schemes for avoidance purposes  

53ZR    Whether it is reasonable to draw conclusion as to purpose             

53ZS    This Subdivision does not limit Division 2  

Division 4 Investigation powers        

53ZT     Commission may require person to provide information 

53ZU    Extending periods for complying with notices       

53ZV    Compliance with notices     

53ZW   False or misleading information etc.            

53ZX    This Division does not limit other provisions          

Division 5 Other matters      

53ZY    Certain provisions of this Act do not limit other provisions             

53ZZ    Concurrent operation of State and Territory laws 

53ZZA Constitution—application of gas market provisions          

53ZZB Constitution—acquisition of property         

53ZZC Regulations referring to other instruments

Part IVD

Consumer data right

Division 1 - Preliminary

Subdivision A - Object and simplified outline

56AA    Object of this Part

56AB    Simplified outline

Subdivision B - Designating sectors, and declaring actions, to which the consumer data right applies

56AC   Designated sectors subject to the consumer data right

56ACA Declared types of actions that can be initiated under the consumer data rules

56AD   Minister’s tasks before designating a sector or declaring actions etc.

56AE    Secretary must arrange for analysis, consultation and report about an instrument proposing to designate a sector or declare actions

56AEA Commission must analyse an instrument proposing to designate a sector or declare actions

56AF    Information Commissioner must analyse and report about an instrument proposing to designate a sector or declare actions

56AH   Other matters

Subdivision C - Meanings of key terms

56AI     Meanings of CDR data, directly or indirectly derived and CDR consumer

56AJ     Meaning of data holder

56AK    Meaning of accredited data recipient

56AL    Meanings of CDR participant and designated gateway

56AM   Meanings of chargeable CDR data, chargeable circumstances and fee free CDR data

56AMA Meanings of CDR action and CDR declaration

56AMB Meanings of action service provider and voluntary action service provider

56AMC Meaning of accredited action initiator

56AMD Meaning of CDR action participant

Subdivision D - Extension to external Territories and extraterritorial operation   

56AN   Extension to external Territories

56AO   Extraterritorial operation of the CDR provisions

56AP    Geographical application of offences

Subdivision E - Application to government entities

56AQ   CDR provisions bind the Crown

56AR   Government entities may participate under this Part

56AS    Participating government entities of a State or Territory—declaration

56AT    Participating government entities of a State or Territory—revocation

Subdivision F - Application to acts done by or in relation to agents etc. of CDR entities

56AU   Acts done by or in relation to agents etc. of CDR entities

Division 2 - Consumer data right

Subdivision A - Power to make consumer data rules

56BA    Minister may make consumer data rules

56BAA Rules must include requirement to delete CDR data on request from CDR consumer

56BB    Matters that the consumer data rules may deal with

56BC   Rules about disclosure, collection, use, accuracy, storage, security or deletion of CDR data for which there are CDR consumers

56BD   Limitations for rules about CDR data for which there are CDR consumers

56BE    Rules about disclosure, collection, use, accuracy, storage, security or deletion of product data

56BF    Limitations for rules about product data

56BG   Rules about designated gateways

56BGA Rules about initiating CDR actions

56BH   Rules about accreditation for the purposes of this Part

56BHA Rules about approving persons to be voluntary action service providers for types of CDR actions

56BI     Rules about reporting, record keeping and auditing

56BJ     Rules about incidental or related matters

56BK    Further limitations on the consumer data rules

Subdivision B - Compliance with consumer data rules

56BL    Obligation to comply with consumer data rules

56BM   Infringement notices 58

56BN   Misleading or deceptive conduct—offence

56BO   Misleading or deceptive conduct—civil penalty

Subdivision C - Process for making consumer data rules etc.

56BP    Minister’s tasks before making the rules

56BQ   Secretary must arrange for consultation and report before the rules are made    

56BR   Commission and Information Commissioner must analyse the proposed rules

56BS    Emergency rules: public consultation not required etc.

56BT    Emergency rules: consequences if made

56BTA  Other matters

Subdivision D - Fees for disclosing CDR data

56BU   Charging a fee in inappropriate circumstances when required to disclose CDR data

56BV    Commission may intervene if fee for disclosing or using chargeable CDR data is unreasonable etc.

Subdivision E - Effective initiation and non discriminatory performance of CDR actions

56BZA Accredited persons must act efficiently, honestly and fairly when initiating CDR actions etc.

56BZB Accredited persons must only initiate CDR actions in accordance with CDR consumers’ valid requests etc.

56BZC No discrimination against CDR action instructions—service provider fails to perform CDR actions when it ordinarily performs actions of that type

56BZD No discrimination against CDR action instructions—service provider’s fees relating to CDR actions

56BZE Commission may intervene if fee for processing a valid instruction for a CDR action is unreasonable

Subdivision F - Review by the Tribunal of determinations about certain fees

56BZF Review by the Tribunal of determinations about fees of particular participants or providers

56BZG Functions and powers of Tribunal

56BZH Provisions that do not apply in relation to a Tribunal review

Subdivision G -Prohibitions on holding out

56BZI   Prohibition on holding out that a person is something they are not—offence

56BZJ  Prohibition on holding out that a person is something they are not—civil penalty             

Division 3 - Accreditation etc.

Subdivision A - Accreditation process

56CA   Granting accreditations

56CB   Review of decisions refusing to accredit

Subdivision B - Register of Accredited Persons

56CE   Register of Accredited Persons

56CF   Evidentiary value of the register

Subdivision C - CDR Accreditor

56CG  Appointment of the CDR Accreditor

56CH  Functions, powers and annual report

56CI     Directions by Minister

56CJ    Delegation

Subdivision D - Accreditation Registrar

56CK   Appointment of the Accreditation Registrar

56CL   Functions, powers and annual report

56CM  Directions by Minister

56CN  Delegation

Division 4 External dispute resolution

56DA   Minister may recognise external dispute resolution schemes

Division 5 Privacy safeguards

Subdivision A - Preliminary

56EA    Simplified outline

56EB    Kinds of CDR data to which the privacy safeguards apply

56EC   Relationship with other laws

Subdivision B Consideration of CDR data privacy

56ED   Privacy safeguard 1—open and transparent management of CDR data   

56EE    Privacy safeguard 2—anonymity and pseudonymity

Subdivision C - Collecting CDR data

56EF    Privacy safeguard 3—soliciting CDR data from participants under the consumer data rules

56EG   Privacy safeguard 4—dealing with unsolicited CDR data from participants in CDR

56EH   Privacy safeguard 5—notifying of the collection of CDR data

Subdivision D - Dealing with CDR data

56EI     Privacy safeguard 6—use or disclosure of CDR data by accredited data recipients or designated gateways          

56EJ     Privacy safeguard 7—use or disclosure of CDR data for direct marketing by accredited data recipients or designated gateways

56EK    Privacy safeguard 8—overseas disclosure of CDR data by accredited data recipients

56EL    Privacy safeguard 9—adoption or disclosure of government related identifiers by accredited data recipients

56EM   Privacy safeguard 10—notifying of the disclosure of CDR data

Subdivision E - Integrity of CDR data

56EN   Privacy safeguard 11—quality of CDR data

56EO   Privacy safeguard 12—security of CDR data, and destruction or de identification of redundant CDR data

Subdivision F Correction of CDR data

56EP    Privacy safeguard 13—correction of CDR data

Subdivision G - Compliance with the privacy safeguards

56EQ   Information Commissioner to promote compliance etc.

56ER    Information Commissioner may conduct an assessment relating to the management and handling of CDR data

56ES    Notification of CDR data security breaches

56ET    Investigating breaches of the privacy safeguards etc.

56EU   Civil penalty provisions

56EV    Civil penalty provisions—maximum amount of penalty

56EW  Enforceable undertakings

56EX    Injunctions

56EY    Actions for damages

56EZ    Delegation to the Commission etc.

Division 6 Data standards etc.

Subdivision A - Data standards

56FA    Making data standards

56FB    What data standards can set out etc.

56FC   Data standards must be published

56FD   Legal effect of data standards

56FE    Enforcement of binding data standards

Subdivision B - Data Standards Chair

56FF    Data Standards Chair

56FG   Appointment of the Data Standards Chair

56FH   Functions and powers of the Data Standards Chair

56FI     Directions by Minister

Subdivision C Data Standards Body

56FJ     Appointment of the Data Standards Body 

56FK    Function and powers of the Data Standards Body

Subdivision D Administrative provisions

56FL    Acting appointments

56FM   Terms and conditions            

56FN   Remuneration             

56FO   Leave 

56FP    Application of the finance law etc. 

56FQ   Resignation   

56FR    Termination of appointment

56FS    Delegation     

Division 7 Other matters      

56GA   CDR functions of the Information Commissioner 

56GAA Delegation by the Minister or the Secretary

56GAB Concurrent operation of other laws

56GB   Referring to instruments as in force from time to time      

56GC  Complying with CDR requirements etc.: protection from liability             

56GD   Exemptions by the Commission      

56GE   Exemptions and modifications by regulations       

56GF   Application of the CDR provisions  

56GG  Compensation for acquisition of property 

56GH  Review of the operation of this Part

Part IVF

Scams prevention framework

Division 1 Preliminary

Subdivision A - Object and simplified outline

58AA    Object of this Part

58AB    Simplified outline of this Part

Subdivision B - Designating sectors subject to the Scams Prevention Framework

58AC   Regulated sectors subject to the Scams Prevention Framework     

58AD   Regulated entities for regulated sectors and their regulated services          

58AE    Minister must consider matters, and consult, before designating a sector

58AF    Delegation     

Subdivision C - Meanings of key terms

58AG   Meaning of scam       

58AH   Meaning of SPF consumer   

58AI     Meaning of actionable scam intelligence  

Subdivision D - Extension to external Territories and outside of Australia        

58AJ     Extension to external Territories and outside of Australia

Subdivision E - Application to acts done by or in relation to agents etc. of regulated entities

58AK    Acts done by or in relation to agents etc. of regulated entities

Division 2 Overarching principles of the Scams Prevention Framework

Subdivision A - Preliminary

58BA    Simplified outline of this Division

58BB    Meaning of reasonable steps

Subdivision B - SPF principle 1: Governance

58BC   Simplified outline of this Subdivision

58BD   Documenting and implementing governance policies and procedures—civil penalty provision

58BE    Annual certification about SPF governance policies, procedures, metrics and targets—civil penalty provision

58BF    Record keeping of compliance with SPF provisions—civil penalty provision

58BG   Reporting about compliance with this Subdivision—civil penalty provision

58BH   Sector specific details can be set out in SPF codes

Subdivision C - SPF principle 2: Prevent

58BI     Simplified outline of this Subdivision

58BJ     Taking reasonable steps to prevent scams from being committed—civil penalty provision

58BK    Further detail about certain concepts

Subdivision D - SPF principle 3: Detect

58BL    Simplified outline of this Subdivision

58BM   Taking reasonable steps to detect scams—civil penalty provision

58BN   Investigating actionable scam intelligence—civil penalty provision         

58BO   Identifying impacted SPF consumers—civil penalty provision         

58BP    Sector specific details can be set out in SPF codes

Subdivision E - SPF principle 4: Report

58BQ   Simplified outline of this Subdivision

58BR   Reporting actionable scam intelligence to SPF regulators—civil penalty provision            

58BS    Reporting scams to SPF regulators—civil penalty provisions

58BT    Authorised third party data gateways, portals or websites for accessing reports

58BU   Relationship with other duties and obligations

58BV    SPF general regulator may share information relating to scamming actions with relevant entities

Subdivision F - SPF principle 5: Disrupt  

58BW  Simplified outline of this Subdivision

58BX    Taking reasonable steps to disrupt activities that are the subjects of actionable scam intelligence—civil penalty provision             

58BY    Reporting about the outcomes of investigations of activities that are the subjects of actionable scam intelligence—civil penalty provision            

58BZ    Sector specific details can be set out in SPF codes           

58BZA Safe harbour for taking actions to disrupt an activity while investigating whether the activity is a scam            

Subdivision G - SPF principle 6: Respond            

58BZB Simplified outline of this Subdivision

58BZC Enabling SPF consumers to easily report activities that are or may be scams—civil penalty provision 

58BZD Having an accessible and transparent internal dispute resolution mechanism—civil penalty provision

58BZDA  Giving a statement of compliance—civil penalty provision         

58BZE Having regard to processes and guidelines when undertaking internal dispute resolution—civil penalty provision

58BZF Publishing information about reporting and dispute resolution mechanisms—civil penalty provision

58BZG SPF external dispute resolution schemes—civil penalty provisions

58BZH Sector specific details can be set out in SPF codes

Division 3 Sector specific codes for the Scams Prevention Framework     

58CA   Simplified outline of this Division   

58CB   Sector specific codes (SPF codes) 

58CC  Content of SPF codes            

58CD   Delegation     

Division 4 External dispute resolution for the Scams Prevention Framework     

58DA   Simplified outline of this Division   

58DB   Minister may authorise external dispute resolution schemes for a regulated sector

58DC   Content, including requirements, of a scheme that is not already authorised under a Commonwealth law

58DD   Scheme operator to report to SPF regulators

58DE   Disclosing information to the operator of an SPF EDR scheme

Division 5—Regulating the Scams Prevention Framework

Subdivision A - Preliminary

58EA    Simplified outline of this Division

Subdivision B - Regulators of the Scams Prevention Framework

58EB    General regulator of the Scams Prevention Framework

58EC   Delegation of the SPF general regulator’s functions and powers             

58ED   Regulator of a regulated sector

58EE    Delegation of an SPF sector regulator’s functions and powers             

58EF    Arrangements for regulating the Scams Prevention Framework     

58EFA Roles and responsibilities statement

Subdivision C - Information sharing between SPF regulators

58EG   SPF regulators may disclose information to each other   

58EH   Regard must be had to the object of this Part when considering whether to make such a disclosure   

58EI     Notice need not be given of a collection, use or disclosure of information or documents under this Part          

58EJ     Information that need not be disclosed      

Division 6 Enforcing the Scams Prevention Framework    

Subdivision A - Preliminary

58FA    Simplified outline of this Division

58FB    Appointment of inspectors

58FC   Multiple remedies can be sought for a single contravention

58FD   Preference must be given to compensation for victims

Subdivision B - Monitoring or investigating compliance with an SPF code

58FE    Monitoring compliance with an SPF code—default

58FF    Investigating compliance with an SPF code—default       

58FG   Monitoring or investigating—the ACMA      

58FH   Monitoring or investigating—ASIC  

58FI     Monitoring or investigating—Minister may declare that alternative powers apply for other SPF sector regulators

Subdivision C - Civil penalty provisions

58FJ     Civil penalty provisions         

58FK    Maximum penalty for tier 1 contraventions

58FL    Maximum penalty for tier 2 contraventions

58FM   Civil penalty double jeopardy

Subdivision D - Infringement notices

58FN   Purpose and effect of this Subdivision

58FO   Issuing an SPF infringement notice

58FP    Matters to be included in an SPF infringement notice

58FQ   Amount of penalty

58FR    Effect of compliance with an SPF infringement notice

58FS    Effect of failure to comply with an SPF infringement notice

58FT    Infringement notice compliance period for infringement notice

58FU    Withdrawal of an infringement notice

Subdivision E - Enforceable undertakings           

58FV    Enforceable undertakings

Subdivision F - Injunctions

58FW  Granting injunctions

58FX    Particular kinds of injunctions

58FY    Interim injunctions   

58FZ    Rescinding or varying injunctions   

58FZA Applying for injunctions

58FZB  Other powers of the Court unaffected

Subdivision G - Actions for damages

58FZC Actions for damages—general rule

58FZD Meaning of concurrent wrongdoers

58FZE  Certain concurrent wrongdoers not to have benefit of apportionment           

58FZF  Proportionate liability for claims involving concurrent wrongdoers

58FZG Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware

58FZH Contribution not recoverable from defendant        

58FZI   Subsequent actions 

58FZJ   Joining non party concurrent wrongdoer in the action      

58FZK  Application of this Subdivision         

Subdivision H - Public warning notices   

58FZL  Public warning notices

Subdivision I - Remedial directions          

58FZM Remedial directions 

Subdivision J - Adverse publicity orders 

58FZN Adverse publicity orders       

Subdivision K - Non punitive orders

58FZO Non punitive orders  

Subdivision L - Orders (other than awards of damages) to redress loss or damage

58FZP  Orders (other than awards of damages) to redress loss or damage—making such orders         

58FZQ Orders (other than awards of damages) to redress loss or damage—kinds of such orders        

Division 7 Other provisions

58GA   Treatment of partnerships   

58GB   Treatment of unincorporated associations

58GC  Treatment of trusts   

58GD   Compensation for acquisition of property 

58GE   Rules for the purposes of this Part  

58GF   Report of the operation of the SPF provisions

Part VIA

Proportionate liability for misleading and deceptive conduct

[This part relates to consumer protection, not competition law]

87CB   Application of Part

87CC  Certain concurrent wrongdoers not to have benefit of apportionment

87CD   Proportionate liability for apportionable claims

87CE   Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware

87CF   Contribution not recoverable from defendant

87CG  Subsequent actions 

87CH  Joining non party concurrent wrongdoer in the action

87CI    Application of Part

Part VII

Authorisations and notifications

Division 1 - Authorisations

87ZP Definitions [previously numbered s 87ZD] 

88 Commission may grant authorisations

89 Procedure for applications and the keeping of a register

90 Determination of applications for authorisation

90A Commission to afford opportunity for conference before determining application for authorisation

90B Commission may rely on consultations undertaken by the AEMC

91 Grant and variation of authorisations

91A Minor variations of authorisations

91B Revocation of authorisation

91C Revocation of an authorisation and substitution of a replacement

92 Providing false or misleading information

Division 1A - Authorisations in exceptional circumstances and emergencies

[Inserted by Competition and Consumer Amendment (Responding to Exceptional Circumstances) Act 2026 (Act of 2026)]

92A  Definitions

92B  Commission may grant authorisations in exceptional circumstances and emergencies92B  Commission may grant authorisations in exceptional circumstances and emergencies

92C  Procedure for applications

92D  Determination of applications

92E  Period for which authorisations remain in force

92F  Variation of authorisations

92G  Revocation of authorisations

92H  Register of applications and proposals

Division 2 - Notifications

Subdivision A - Exclusive dealing and resale price maintenance 

93 Notification of exclusive dealing or resale price maintenance

93AAA Imposing conditions relating to notifications

Subdivision B - Collective bargaining

93AA Definitions

93AB Notification of collective bargaining

93AC Commission's objection notice

93ACA Imposing conditions relating to collective boycott conduct

93AD When collective bargaining notice comes into force and ceases to be in force

93AE Withdrawal of collective bargaining notice

93AEA Only 1 collective bargaining notice under subsection 93AB(1A) may be given

93AF Only 1 collective bargaining notice under subsection 93AB(1) may be given

93AG Stop notice for collective boycott conduct

Subdivision C - Conferences

93A Commission to afford opportunity for conference before giving notice

Subdivision D - Register of notifications

95 Register of notification

Division 3 - Class exemptions

[⚠️ Note: This whole division was repealed and substituted with new provisions as part of the Harper Reforms. It was previously the division associated with 'Merger clearances and authorisations'.]

95AA Commission may determine class exemptions

95AB Commission may withdraw the benefit of class exemption in particular case

95AC Exceptional circumstances class exemptions

95AD Commission may withdraw the benefit of exceptional circumstances class exemptions in particular case

Division 4 - Declaration of exceptional circumstances

[Inserted by Competition and Consumer Amendment (Responding to Exceptional Circumstances) Act 2026 (Act of 2026)]

95AE Minister may declare exceptional circumstances

95AF Extension of declaration of exceptional circumstances

Resale price maintenance

96 Acts constituting engaging in resale price maintenance

96A Resale price maintenance in relation to services

97 Recommended prices

98 Withholding the supply of goods

99 Statements as to the minimum price of goods

100 Evidentiary provisions

Part X

International Liner Cargo Shipping

Division 1 - Preliminary

10.01 Objects of Part

10.01A Simplified outline

10.02 Interpretation

10.02A Inland terminals

10.03 Designated shipper bodies

Division 2 - Additional restrictive trade practice provisions applying to ocean carriers

10.04 Application of section 46 in relation to conference agreements

Division 3 - Minimum standards for conference agreements

10.06 Application of Australian law to outwards conference agreements and withdrawal from agreements

10.07 Minimum levels of shipping services to be specified in conference agreements

10.08 Conference agreements may include only certain restrictive trade practice provisions

10.09 Where may consequences of conference agreements not complying with minimum standards be found?

Division 4 - Registers and files and public inspection of them

10.10 Registers and conference agreement files open to public inspection

10.11 What registers are to be kept by the Registrar?

10.12 What conference agreement files are to be kept by the Registrar?

10.13 What register is to be kept by the Commission?

Division 5 - Exemptions from certain restrictive trade practice prohibitions

Subdivision A - Exemptions relating to conference agreements

10.14 Exemptions apply only to certain activities

10.15 When do exemptions commence to apply in relation to registered conference agreements?

10.16 Exemptions do not apply to variations of conference agreement unless varying agreement registered

10.17 Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK and 45

10.17A Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK and 45 for freight rate agreements

10.18 Exemption from section 47

10.18A Exemptions from section 47 for freight rate agreements

Subdivision B - Exemptions relating to loyalty agreements

10.19 Exemptions from sections 45AF, 45AG, 45AJ, 45AK and 45

10.20 Exemption from section 47

10.21 Exemptions cease to apply in relation to a shipper at the shipper’s option

Subdivision D - Other exemptions 24

10.24   Exemptions from sections 45AF, 45AG, 45AJ, 45AK, 45 and 47 in relation to certain negotiations

10.24A Exemptions from sections 45AF, 45AG, 45AJ, 45AK, 45 and 47 in relation to stevedoring contracts

Division 6 - Registration of conference agreements

Subdivision A - Provisional registration

10.25 Application for provisional registration of conference agreement

10.26 How application is to be made and verified

10.27 Copy of agreement to be filed with application etc.

10.27A Copy of conference agreement to be given to designated peak shipper body

10.28 Decision on application for provisional registration

10.29 Parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement

Subdivision B - Final registration

10.30 Application for final registration of conference agreement

10.31 How application is to be made and verified

10.32 Copy of agreement to be filed with application etc.

10.33 Decision on application for final registration

Subdivision C - Confidentiality requests

10.34 Request for confidentiality

10.35 Abstract to accompany request for confidentiality

10.36 Examination of abstract

10.37 Decision on request for confidentiality

10.38 Application for registration to be returned where request for confidentiality refused etc.

Subdivision D - Miscellaneous

10.39 Application also to be made for registration of varying conference agreements

10.40 Notification of happening of affecting events prior to final registration etc.

Division 7 - Obligations of ocean carriers in relation to registered conference agreements

10.41 Parties to registered conference agreement to negotiate with certain designated shipper bodies etc.

10.42 Application to be made for registration of varying conference agreements

10.43 Parties to registered conference agreement to notify happening of affecting events etc.

Division 8 - Powers of Minister in relation to registered conference agreements

10.44 Powers exercisable by Minister in relation to registered conference agreements etc.

10.45 Circumstances in which Minister may exercise powers in relation to registered conference agreements

10.46 Action to be taken where powers exercised by Minister without first obtaining Commission report

10.47 Investigation and report by Commission on reference by Minister

10.48 Investigation and report by Commission on own initiative or on application by affected person

10.49 Undertakings by parties to registered conference agreement

10.49A Enforcement of undertakings

Division 9 - Obligations of non-conference ocean carriers with substantial market power

10.50 Investigations by Commission into market power of ocean carriers

10.51 Determination by Minister of market power of ocean carriers

10.52 Non-conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.

10.53 Non-conference ocean carrier with substantial market power not to hinder Australian flag shipping operators etc.

Division 10 - Powers of Minister in relation to non-conference ocean carriers with substantial market power

10.54 Powers exercisable by Minister in relation to obligations of non-conference ocean carriers with substantial market power

10.55 Circumstances in which Minister may exercise powers

10.56 Action to be taken where powers exercised by Minister without first obtaining Commission report

10.57 Investigation and report by Commission on reference by Minister

10.58 Investigation and report by Commission on application by affected person

10.59 Undertakings by ocean carrier

10.60 Enforcement of orders and undertakings

Division 11 - Unfair pricing practices

10.61 Powers exercisable by Minister in relation to pricing practices etc.

10.62 Circumstances in which Minister may exercise powers

10.63 Investigation and report by Commission

10.64 Undertakings not to engage in pricing practices

10.65 Enforcement of orders and undertakings

10.66 Determination of normal freight rates for shipping services

10.67 Determination of whether practice contrary to national interest

Division 12 - Registration of ocean carrier agents

10.68 Ocean carrier who provides international liner cargo shipping services to have registered agent

10.69 Representation of ocean carrier by registered agent

10.70 Application by ocean carrier for registration of agent

10.71 Registration of agent

10.72 Change of agent etc.

Division 12A - Exemption orders for inwards conference agreements etc.

10.72A Exemption orders for inwards conference agreements etc

10.72B Criteria for making exemption order

10.72C Duration of exemption order may be limited

10.72D Conditions of exemption order

Division 13 - General provisions relating to registers and conference agreement files

10.73 Form of registers and conference agreement files

10.74 Deletion of entries wrongly existing in certain registers

10.75 Deletion of obsolete entries in certain registers

10.76 Correction of clerical errors and other mistakes in certain registers etc.

Division 14 - Administration

10.77 Registrar of Liner Shipping

10.78 Appointment of Registrar etc.

10.79 Acting Registrar

10.80 Registrar and staff to be public servants

10.81 Delegation by Minister

10.82 Delegation by Registrar

Division 14A - Review of decisions of Commission

10.82A Review by Tribunal

10.82B Functions and powers of Tribunal

10.82C Provisions that do not apply in relation to a Tribunal review

Division 14B - Review of decisions of Minister

10.82D Review by Tribunal

10.82E Functions and powers of Tribunal

10.82F Modifying register after Tribunal review

10.82G Provisions that do not apply in relation to a Tribunal review

Division 15 - Miscellaneous

10.83 Act not to affect rights under Freedom of Information Act

10.84 Review of decisions of Registrar

10.85 Statement to accompany notices of Registrar

10.86 Evidence

10.87 Notification by Commission of references etc.

10.88 Exclusion of documents etc. from register of Commission investigations

10.89 Disclosure of confidential information

10.90 Fees

10.91 Application of Part XID and section 155 to investigations under Part

Part XIAA

Application of the Australian Consumer Law as a law of a State or Territory

[Sections 140-140K: Consumer rather than competition provisions]

140       Definitions

140A    Object of this Part

140B    The applied Australian Consumer Law

140C   Federal Court may exercise jurisdiction under application laws of Territories

140D   Exercise of jurisdiction under cross vesting provisions

140E    Commonwealth consent to conferral of functions etc. on Commonwealth entities

140F    How duty is imposed

140G   When an application law imposes a duty

140H   Application laws may operate concurrently with this Act

140J     No doubling up of liabilities

140K    References in instruments to the Australian Consumer Law

The Telecommunications Industry: Anti-competitive conduct and record-keeping rules

Division 1 - Introduction

151AA Simplified outline

151AB Definitions

151AC Extension to external Territories

151AD Continuity of partnerships

151AE Additional operation of Part

151AF Telecommunications market

151AG When a body corporate is related to a partnership

151AH Degree of power in a telecommunications market

151AI Interpretation of Part IV, IVA or VII not affected by this Part

Division 2 - Anticompetitive conduct

151AJ Anticompetitive conduct

151AK The competition rule

Division 3 - Competition notices and exemption orders

Subdivision A - Competition notices

151AKA Part A competition notices

151AL Part B competition notices

151AM Competition notice to be given to carrier or carriage service provider

151AN Evidentiary effect of competition notice

151AO Duration of Part A competition notice

151AOA Variation of competition notice

151AOB Revocation of competition notice

151AP Guidelines

151AQ Commission to act expeditiously

151AQA Stay of proceedings relating to competition notices

151AQB Advisory notices

151AR Register of competition notices

Subdivision B - Exemption orders

151AS Exemption orders

151AT Form of application

151AU Further information

151AV Withdrawal of application

151AW Commission must publicise receipt of applications

151AX Commission may refuse to consider application if it relates to the same conduct as an authorisation application

151AY Commission may refuse to consider application if it relates to the same conduct as a Part VII notification

151AZ Commission may convene conference to discuss application

151BA Commission must grant or reject application

151BB Commission to give opportunity for submissions

151BC Criteria for making exemption order 

151BD Notification of decision

151BE Duration of exemption order may be limited

151BF Conditions of exemption order

151BG Revocation of exemption order

151BH Register of exemption orders

Subdivision C - Miscellaneous

151BJ Conduct includes proposed conduct

Division 6 - Record-keeping rules and disclosure directions

151BU Commission may make record-keeping rules

151BUA Minister may give directions to Commission

151BUAB Request for disclosure

151BUA Commission gives access to reports

151BUB Carrier or carriage service provider gives access to reports

151BUC Carrier or carriage service provider gives access to periodic reports

151BUD Exemption of reports from access requirements

151BUDA Commission gives access to Ministerially directed reports

151BUDB Carrier or carriage service provider gives access to Ministerially directed reports

151BUDC Carrier or carriage service provider gives access to Ministerially directed periodic reports

151BUE Access via the internet

151BUF Self-incrimination

151BV Incorrect records

Division 7 - Enforcement of the competition rule, tariff filing directions, record-keeping rules and disclosure directions

151BW Person involved in a contravention of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction

151BX Pecuniary penalties for breach of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction

151BY Civil action for recovery of pecuniary penalties

151BZ Criminal proceedings not to be brought for contraventions of the competition rule, tariff filing directions, record-keeping rules or disclosure directions

151CA Injunctions

151CB Orders to disclose information or publish an advertisement - breach of the competition rule

151CC Actions for damages—breach of the competition rule

151CD Finding of fact in proceedings to be evidence

151CE Other orders—compensation for breach of the competition rule

151CF Conduct by directors, employees or agents

Division 8 - Disclosure of documents by Commission

151CG Disclosure of documents by Commission

Division 9 - Treatment of partnerships

151CH Treatment of partnerships

Division 10 - Review of decisions

151CI Review by Tribunal

151CJ Functions and powers of Tribunal

151CK Provisions that do not apply in relation to a Tribunal review

Division 11 - Reviews of competitive safeguards within the telecommunications industry

151CL Reviews of competitive safeguards within the telecommunications industry

Division 12 - Monitoring of telecommunications charges paid by consumers

151CM Monitoring of telecommunications charges paid by consumers

Division 12A - Reports about competition in the telecommunications industry

151CMA Public reports about competition in the telecommunications industry

151CMB Confidential reports about competition in the telecommunications industry

151CMCExamples of matters that may be specified in a determination under section 151CMA or 151CMB

Division 15 - Voluntary undertakings given by Telstra

151CMD Voluntary undertakings originally given by Telstra

151CQ Voluntary undertakings given by Telstra

Division 16 - NBN corporations

151DA  Authorised conduct - subsection 51(1)

151DB  Listed points of interconnection

The Electricity Industry

Division 1 - Preliminary

153A    Simplified outline of this Part

153B    Part etc. ceases to be in force

153C   Interpretation

153D   Meaning of connected body corporate in relation to prohibited conduct

Division 2 Prohibited conduct

153E    Prohibited conduct—retail pricing

153F    Prohibited conduct—electricity financial contract liquidity             

153G   Prohibited conduct—electricity spot market (basic case)

153H   Prohibited conduct—electricity spot market (aggravated case)  

153J     Prohibited conduct—purpose

153K    Prohibited conduct may be covered by other provisions 

Division 3 Commission responses

Subdivision A - Public warning notices

153L    Commission may give draft public warning notice

153M   Commission may issue public warning notice

Subdivision B - Infringement notices

153N   Infringement notices

Division 4 Procedure before contracting order or divestiture order

Subdivision A - Prohibited conduct notices

153P    Prohibited conduct notices 

153Q   Commission may vary or revoke prohibited conduct notice

Subdivision B - Prohibited conduct recommendations and no Treasurer action notices

153R    Commission must give Treasurer prohibited conduct recommendation or no Treasurer action notice

153S    Prohibited conduct recommendations       

153T    Commission may vary or revoke prohibited conduct recommendation      

153U   No Treasurer action notice  

153V    Commission may vary or revoke no Treasurer action notice             

Division 5 Contracting orders           

Subdivision A - Treasurer may make contracting orders  

153W  Conditions for making contracting order   

153X    Treasurer may make contracting order       

153Y    Variation and revocation of contracting order        

Subdivision B - Enforcement of contracting orders            

153Z    Enforcement of contracting orders

Division 6 Electricity divestiture orders       

153ZA Treasurer may apply to Federal Court for divestiture order             

153ZB Making of divestiture order  

153ZBA Arrangements or undertakings in relation to employees

Division 7 Miscellaneous

153ZC Acquisition of property

153ZDNo orders under subsection 76(1) against certain individuals

Search and Seizure

Division 1 - Preliminary

154 Simplified outline

154A Definitions

Division 2 - Appointment of inspectors and identity cards

154B Appointment of inspectors

154C Identity cards

Division 3 - Entry to premises with consent

154D Entry with consent

154E Powers in relation to premises

154F Operation of electronic equipment at premises

Division 4 - Entry to premises under a search warrant

Subdivision A - Powers available under a search warrant

154G The things that are authorised by a search warrant

154GA Removing things for examination or processing

154H Operation of electronic equipment at premises

154J Securing electronic equipment for use by experts

Subdivision B - Availability of assistance and use of force in executing a search warrant

154K Authorisation of officers assisting

154L Availability of assistance and use of force in executing a search warrant

Subdivision C - Obligations of executing officer and officers assisting

154M Announcement before entry

154N Details of warrant to be given to occupier

Subdivision D - Occupier’s rights and responsibilities

154P Occupier entitled to observe search being conducted

154Q Occupier to provide reasonable facilities and assistance

154R Answering of questions or producing evidential material

154RA Person with computer knowledge to assist access etc.

Subdivision E - General provisions relating to seizure

154S Copies of seized things to be provided

154T Receipts for things seized or moved under warrant

154U Return of seized things

154V Magistrate may permit a thing to be retained

154W Disposal of things if there is no owner or owner cannot be located

Subdivision F - Search warrants

154X Issue of search warrants

154Y Search warrants by telephone, fax etc.

154Z Offences relating to warrants

Subdivision G - Powers of magistrates

154ZA Powers conferred on magistrates

Division 5 - General provisions relating to electronic equipment

154ZB Operation of electronic equipment at premises

154ZC Compensation for damage to electronic equipment

Part XII

Mixcellaneous

155 Power to obtain information, documents and evidence

155AAAA Power to obtain information, documents and evidence—delegation

155AAA Protection of certain information

155AA Protection of Part VB information

155A Power to obtain information and documents in New Zealand relating to trans-Tasman markets

155B Australian Competition and Consumer Commission may receive information and documents on behalf of New Zealand Commerce Commission

156 Inspection of documents by Commission

157 Disclosure of documents by Commission

157A Disclosure of information by Commission

157AA Disclosure of CDR related information by Commission

157B Disclosure of protected cartel information to a court or tribunal

157C Disclosure of protected cartel information to a party to court proceedings etc.

157D General powers of a court

158 Protection of members of Tribunal, counsel and witnesses

158A Proceedings without initiation notice—use of virtual enquiry technology

158B  Proceedings with initiation notice—use of virtual enquiry technology

159 Incriminating answers

160 Failure of witness to attend

161 Refusal to be sworn or to answer questions

162 Contempt

162A Intimidation etc.

163 Prosecutions

163A Declarations and orders

165 Inspection of, furnishing of copies of, and evidence of, documents

166 Certificates as to furnishing of particulars to Commission

167 Judicial notice

170 Legal and financial assistance

171 Annual report by Commission

171A Charges by the Commission

171B Division 3 of Part IIIA does not confer judicial power on the Commission

172 Regulations

173 Authorisation for the purposes of subsection 51(1)

Schedule 2

The Australian Consumer Law

[This part relates to consumer protection, not competition law. Schedule 2 is, like Schedule 1, designed to overcome constitutional limitations and create a nationally consistent law. In the case of consumer law, rather than mirror provisions in the main body of the Act, a single set of provisions exists in the Schedule which either applies as a law of the Commonwealth or a law of a relevant state or territory depending on the circumstances]