Note: Provisions in Division 1 were renumbered as part of the Harper Reforms and some provisions were amended. All provisions in this Division have been updated to reflect these changes.

Subdivision A - Introduction

45AA Simplified outline (previously 44ZZRA)

45AB Definitions (previously 44ZZRB)

45AC Extended meaning of party (previously 44ZZRC)

45AD Cartel provisions (previously 44ZZRD)

45AE Meaning of expressions in other provisions of this Act (previously 44ZZRE)

Subdivision B - Offences etc.

45AF Making a contract etc. containing a cartel provision (previously 44ZZRF)

45AG Giving effect to a cartel provision (previously 44ZZRG)

45AH Determining guilt (previously 44ZZRH)

45AI Court may make related civil orders (previously 44ZZRI)

45AIA Section 4AB of the Crimes Act does not apply

Subdivision C - Civil penalty provisions

45AJ Making a contract etc. containing a cartel provision (previously 44ZZRJ)

45AK Giving effect to a cartel provision (previously 44ZZRK)

Subdivision D - Exceptions

45AL Conduct notified (previously 44ZZRL)

45AM Cartel provision subject to grant of authorisation (previously 44ZZRM)

45AN Contracts, arrangements or understandings between related bodies corporate (previously 44ZZRN)

45AO Joint ventures—prosecution (previously 44ZZRK)

45AP Joint ventures—civil penalty proceedings (previously 44ZZRK)

45AQ Resale price maintenance (previously 44ZZRR)

45AR Exclusive dealing (previously 44ZZRS)

45AS Dual listed company arrangement (previously 44ZZRT)

45AT Acquisition of shares or assets (previously 44ZZRU)

45AU Collective acquisition of goods or services by the parties to a contract, arrangement or understanding (previously 44ZZRV)

Division 1A - Anti-competitive disclosure of pricing and other information (repealed)

This division came into operation on 6 June 2012. It was repealed as a result of the Harper Reforms (effective 6 November 2017).

[View repealed provisions page]

Division 2 - Other provisions

45 Contracts, arrangements or understandings that restrict dealings or affect competition

45D Secondary boycotts for the purpose of causing substantial loss or damage

45DA Secondary boycotts for the purpose of causing substantial lessening of competition

45DB Boycotts affecting trade or commerce

45DC Involvement and liability of employee organisations

45DD Situations in which boycotts permitted

45E Prohibition of contracts, arrangements or understandings affecting the supply or acquisition of goods or services

45EA Provisions contravening section 45E not to be given effect

45EB Sections 45D to 45EA do not affect operation of other provisions of Part

46 Misuse of market power

46A Misuse of market power—corporation with substantial degree of power in trans Tasman market

46B No immunity from jurisdiction in relation to certain New Zealand laws

47 Exclusive dealing

48 Resale price maintenance

49 Dual listed company arrangements that affect competition

50 Prohibition of acquisitions that would result in a substantial lessening of competition

50A Acquisitions that occur outside Australia

51 Exceptions

51AAA Concurrent operation of State and Territory laws

Part IVB

Industry codes

Division 1- Preliminary

51ACA Definitions

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 IVC

Payment surcharges

Division 1 - Preliminary

55 Object of this Part

55A Definitions

Division 2 - Limit on payment surcharges

55B Payment surcharges must not be excessive

Division 3 - Information about payment surcharges

55C Surcharge information notices

55D Extending periods for complying with notices

55E Participant must comply with notice

Division 4 - Infringement notices

55F Purpose and effect of this Division

55G Issuing an infringement notice

55H Matters to be included in an infringement notice

55J Amount of penalty

55K Effect of compliance with an infringement notice

55L Effect of failure to comply with an infringement notice

55M Infringement notice compliance period for infringement notice

55N Withdrawal of an infringement notice

Part V

Carbon tax price reduction obligation

Note: this part previously related to consumer protection. It was repealed on 1 January 2011 with the introduction of the Australian Consumer Law (now contained in Schedule 2 of the Act. In 2014 a new Part V was inserted by the Clean Energy Legislation (Carbon Tax Repeal) Bill 2014 ➤dealing with Carbon tax price reduction obligations

Division 1 - Preliminary

60 Simplified outline of this Part

60AA Objects etc.

60A Definitions

60B Regulated goods

Division 2 - Carbon tax price reduction obligation

60C Price exploitation in relation to the carbon tax repeal

60CA Failure to pass on cost savings - 250% penalty

60D Notice to entity that is considered to have engaged in price exploitation in relation to the carbon tax repeal

60E Commission may issue notice to aid prevention of price exploitation in relation to the carbon tax repeal

60F Acquisition of property

Division 2A - Carbon tax removal substantiation notices

60FA Carbon tax removal substantiation notices

60FB Extending periods for complying with carbon tax removal substantiation notices

60FC Compliance with carbon tax removal substantiation notices

Division 2B - Carbon tax removal substantiation statements

60FD Carbon tax removal substantiation statements

Division 2C - Statements for customers

60FE Statements for customers

Division 3 - Price monitoring in relation to the carbon tax repeal etc.

60G Commission may monitor prices in relation to the carbon tax repeal etc.

60H Information gathering powers

60J Reporting

Division 4 - False or misleading representations about the effect of the carbon tax repeal etc. on prices

60K False or misleading representations about the effect of the carbon tax repeal etc. on prices

Division 5 - Infringement notices

60L Issuing an infringement notice

60M Effect of compliance with an infringement notice

60N Effect of failure to comply with an infringement notice

60P Infringement notice compliance period for infringement notice

60Q Withdrawal of an infringement notice

60R Effect of this Division

Part VI

Enforcement and remedies

75B Interpretation

76 Pecuniary Penalties

76A Defence to proceedings under section 76 relating to a contravention of section 92

76B What happens if substantially the same conduct is a contravention of Part IV or or 92 and an offence?

77 Civil action for recovery of pecuniary penalties

77A Indemnification of officers

77B Certain indemnities not authorised and certain documents void

77C Application of section 77A to a person other than a body corporate

78 Criminal proceedings not to be brought for contraventions of Part IV or V

79 Offences against section 45AF or 45AG

79A Enforcement and recovery of certain fines

79B Preference must be given to compensation for victims

80 Injunctions

80A Price exploitation in relation to the carbon tax repeal - orders limiting prices or requiring refunds of money

80AB Stay of injunctions

80AC Injunctions to prevent mergers if authorisation granted on the basis of false or misleading information

81 Divestiture where merger contravenes section 50 or 50A

81A Divestiture where merger done under authorisation granted on false etc. information

82 Actions for damages

83 Finding in proceedings to be evidence

84 Conduct by directors, employees or agents

85 Defences

86 Jurisdiction of courts

86AA Conferring jurisdiction on the Federal Circuit Court

86A Transfer of matters

86C Non-punitive orders

86D Punitive orders - adverse publicity

86E Order disqualifying a person from managing corporations

86F Privilege against exposure to penalty - disqualification from managing corporations

87 Other orders

87AA Special provision relating to Court's exercise of powers under this Part in relation to boycott conduct

87B Enforcement of undertakings

87C Enforcement of undertakings - Secretary to the Department

87CA Intervention by Commission

Part VIA

Proportionate liability for misleading and deceptive conduct

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

Part VIB

Claims for damages or compensation for death or personal injury

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

Part VII

Authorisations and notifications

Division 1 - Authorisations

87ZP Definitions [previously numbered s 87ZD]

88 Power of Commission to 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 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'. The provisions have been updated to reflect this change

95AA Commission may determine class exemptions

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

Part VIIA

Prices Surveillance

Division 1 - Preliminary

95A Interpretation

95B Exempt supplies

95C Application of Part

95D Crown to be bound

95E Object of this Part

95F Simplified overview of this Part

Division 2 - Commission’s functions under this Part

95G Commission’s functions under this Part

Division 3 - Price inquiries

Subdivision A - Holding of inquiries

95H Price inquiries

95J Content of inquiry notices

95K Period for completing inquiry

95L Notice of holding of inquiry

95M Notice of extension of period for completing inquiry

95N Price restrictions

Subdivision B - Reports on inquiries

95P Copies of report to be made available

95Q Notification of proposed prices after receipt of report

Subdivision C - Procedure at inquiries

95R Public inquiries etc.

95S Taking of evidence on oath or affirmation

95T Failure of witness to attend

95U Refusal to be sworn or to answer question

95V Protection of witnesses

95W Allowances to witnesses

Division 4 - Price notifications

95X Declarations by Minister or Commission

95Y Declarations in relation to State or Territory authorities

95Z Price restrictions

95ZA Later notices modifying a locality notice

95ZB Applicable period in relation to a locality notice

95ZC Register of price notifications

95ZD Delegation by Commission

Division 5 - Price monitoring

95ZE Directions to monitor prices, costs and profits of an industry

95ZF Directions to monitor prices, costs and profits of a business

95ZG Exceptions to price monitoring

Division 6 - Other provisions

95ZH Ministerial directions

95ZI Inquiries by an unincorporated body or a group of 2 or more individuals

95ZJ Withdrawal of notices

95ZK Power to obtain information or documents

95ZL Inspection of documents etc.

95ZM Retention of documents

95ZN Confidential information

95ZO Immunity

95ZP Secrecy: members or staff members of the Commission etc.

95ZQ Secrecy: persons involved in inquiries by bodies other than the Commission

Part VIII

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 IX

Review by Tribunal of Determinations of Commission

Division 1 - Applications for review

101 Applications for review

101A Application for review of notices under Division 2 of Part VII

101B Application for review of notice under section 95AB

102 Functions and powers of Tribunal

Division 2 - Procedure and Evidence

103 Procedure generally

104 Regulations as to certain matters

105 Power to take evidence on oath

106 Hearings to be in public except in special circumstances

107 Evidence in form of written statement

108 Taking of evidence by single member

109 Participants in proceedings before Tribunal

110 Representation

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 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK 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 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK, 45 and 47 in relation to certain negotiations

10.24A Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK, 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 XI

Application of the Australian Consumer Law as a law of the Commonwealth

[Sections 130-139G: This part applies to consumer protection rather than competition law provisions]

Part XIAA

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

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

Part XIA

The Competition Code

150A Definitions

150B Objects of this Part

150C The Competition Code

150D Federal Court may exercise jurisdiction under application laws of Territories

150E Exercise of jurisdiction under cross-vesting provisions

150F Commonwealth consent to conferral of functions etc. on Commonwealth entities

150FA How duty is imposed

150FB When an application law imposes a duty

150G Application laws may operate concurrently with this Act

150H No doubling-up of liabilities

150I References in instruments to the Competition Code

150J Authorisations etc. under this Act may relate also to Competition Code

150K Gazettal of jurisdictions that excessively modify the Code

Part XIB

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 or VII not affected by this Part

Division 15 - Miscellaneous

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 4 - Tariff filing

151BK Tariff filing directions

151BL Specification of goods and services

151BM Notification of reasons

151BN Duration of direction may be limited

151BO Revocation of direction

151BP Variation of direction

151BQ Public access to tariff information

151BR Register of tariff filing directions

151BT Meaning of terms and conditions

Division 5 - Tariff filing by Telstra

151BTA Tariff filing by Telstra

Division 6 - Record-keeping rules and disclosure directions

151BU Commission may make record-keeping rules

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

151BUDCCarrier 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 14 - Operational separation for Telstra

151CP Operational separation for Telstra

Division 15 - Voluntary undertakings given by Telstra

151CQ Voluntary undertakings given by Telstra

Division 16 - NBN corporations

151DA Authorised conduct - subsection 51(1)

151DB Listed points of interconnection

Part XIC

Telecommunications Access Regime

Division 1 - Introduction

152AA Simplified outline

152AB Object of this Part

152AC Definitions

152AD This Part binds the Crown

152AE Extension to external Territories

152AF Access

152AG Access seeker

152AGA Designated superfast telecommunications network

152AH Reasonableness - terms and conditions

152AI When public inquiry commences

152AJ Interpretation of Part IIIA not affected by this Part

152AK Operation of Parts IV and VII not affected by this Part

Division 2 - Declared services

152AL Declared services

152ALA Duration of declaration

152AM Inquiries about proposals to declare services

152AN Combined inquiries about proposals to declare services

152AO Variation or revocation of declaration

152AQ Register of declared services

152AQCCompensation for acquisition of property

Division 3 - Standard access obligations

152AR Standard access obligations

152ARB Layer 2 bitstream services-carriers and carriage service providers to carry on related activities on a non-discriminatory basis

152ARA Layer 2 bitstream services to be supplied on a non-discriminatory basis

152ASA Anticipatory class exemptions from standard access obligations

152ATA Anticipatory individual exemptions from standard access obligations

152AU Individual exemptions - request for further information

152AXA Statement of reasons for decision - specification of documents

152AY Compliance with standard access obligations

152AYAAncillary obligations - confidential information

152AZ Carrier licence condition

152BA Service provider rule

152BB Judicial enforcement of standard access obligations

152BBAA Judicial enforcement of conditions and limitations of exemption determinations and orders

152BBA Commission may give directions in relation to negotiations

152BBB Enforcement of directions

152BBC Commission’s role in negotiations

152BBD Reaching agreement on terms and conditions of access

Division 4 - Access determinations

Subdivision A - Commission may make access determinations

152BC Access determinations

152BCA Matters that the Commission must take into account

152BCB Restrictions on access determinations

152BCC Access agreements prevail over inconsistent access determinations

152BCCA Final migration plan prevails over inconsistent access determinations

152BCD Fixed principles provisions

152BCE Access determinations may be set out in the same document

152BCF Duration of access determination

152BCG Interim access determinations

152BCGA Stay of access determinations

Subdivision B - Public inquiries about proposals to make access determinations

152BCH Access determination to be made after public inquiry

152BCI When public inquiry must be held

152BCJ Combined inquiries about proposals to make access determinations

152BCK Time limit for making an access determination

Subdivision C - Variation or revocation of access determinations

152BCN Variation or revocation of access determinations

Subdivision D - Compliance with access determinations

152BCO Carrier licence condition

152BCP Service provider rule

Subdivision E - Private enforcement of access determinations

152BCQ Private enforcement of access determinations

152BCR Consent injunctions

152BCS Interim injunctions

152BCT Factors relevant to granting a restraining injunction

152BCU Factors relevant to granting a mandatory injunction

152BCV Discharge or variation of injunction or other order

Subdivision F - Register of Access Determinations

152BCW Register of Access Determinations

Division 4A - Binding rules of conduct

Subdivision A - Commission may make binding rules of conduct

152BD Binding rules of conduct

152BDAAMatters that the Commission must take into account

152BDA Restrictions on binding rules of conduct

152BDB Access agreements prevail over inconsistent binding rules of conduct

152BDC Duration of binding rules of conduct

152BDCA Final migration plan prevails over inconsistent binding rules of conduct

152BDD Commission must give copy of binding rules of conduct to carrier etc.

152BDE Access determinations that are inconsistent with binding rules of conduct

152BDEA Stay of binding rules of conduct

Subdivision B - Compliance with binding rules of conduct

152BDF Carrier licence condition

152BDG Service provider rule

Subdivision C - Private enforcement of binding rules of conduct

152BDH Private enforcement of binding rules of conduct

152BDI Consent injunctions

152BDJ Interim injunctions

152BDK Factors relevant to granting a restraining injunction

152BDL Factors relevant to granting a mandatory injunction

152BDM Discharge or variation of injunction or other order

Subdivision D - Register of Binding Rules of Conduct

152BDN Register of Binding Rules of Conduct

Division 4B - Access agreements

152BE Access agreements

152BEA Lodgment of access agreements with the Commission

152BEB Notification of termination of access agreement

152BEBA NBN corporation to give the Commission a statement about the differences between an access agreement and a standard form of access agreement

152BEBB NBN corporation to give the Commission a statement about the differences between an access agreement and a special access undertaking

152BEBC NBN corporation to give the Commission a statement about the differences between an access agreement and an access determination

152BEBD Register of NBN Access Agreement Statements

152BEBE Layer 2 bitstream services-carrier or carriage service provider to give the Commission a statement about the differences between an access agreement and a special access undertaking

152BEBF Layer 2 bitstream services-carrier or carriage service provider to give the Commission a statement about the differences between an access agreement and an access determination

152BEBG Register of Layer 2 Bitstream Access Agreement Statements

152BEC Carrier licence condition

152BED Service provider rule

Division 5 - Access undertakings

Subdivision B - Special access undertakings

152CBA What is a special access undertaking?

152CBAA Fixed principles terms and conditions

152CBB Further information about undertaking

152CBC Commission to accept or reject access undertaking

152CBCA Serial undertakings

152CBD Criteria for accepting access undertaking

152CBDA Variation of special access undertaking

152CBE Extension of access undertaking

152CBF Duration of access undertaking

152CBG Variation of access undertakings

152CBH Further information about variation of access undertaking

152CBI Voluntary withdrawal of undertaking

152CBIA Special access undertakings prevail over inconsistent access determinations

152CBIB Special access undertakings prevail over inconsistent binding rules of conduct

152CBIC Access agreements prevail over special access undertakings

152CBJ Proposed service

Subdivision C - General provisions

152CC Register of access undertakings

152CD Enforcement of access undertakings

152CDA Deferral of consideration of an access undertaking etc.

Division 6 - Ministerial pricing determinations

152CH Ministerial pricing determinations

152CI Undertakings, access determinations and binding rules of conduct that are inconsistent with Ministerial pricing determinations

152CJ Register of Ministerial pricing determinations

Division 6A - Supply of services by NBN corporations

152CJA Supply of services by NBN corporations

152CJB Mandatory NBN services

152CJC Carrier licence condition

152CJD Service provider rule

152CJE Judicial enforcement of obligations

152CJF Standard form of access agreement

152CJG When NBN corporation is not capable of supplying a carriage service

Division 6B - Explanatory material relating to anti-discrimination provisions

152CJH Explanatory material relating to anti‑discrimination provisions

Division 7 - Relationship between this Part and Part IIIA

152CK Relationship between this Part and Part IIIA

Division 10 - Hindering the fulfilment of a standard access obligation etc.

152EF Prohibition on hindering the fulfilment of a standard access obligation etc.

152EG Enforcement of prohibition on hindering the fulfilment of a standard access obligation etc.

152EH Consent injunctions

152EI Interim injunctions

152EJ Factors relevant to granting a restraining injunction

152EK Factors relevant to granting a mandatory injunction

152EL Discharge or variation of injunction or other order

Division 10A - Procedural Rules

152ELA Procedural Rules

152ELB Public consultation

152ELC Plan for the development of Procedural Rules

Division 11 - Miscellaneous

152ELD Compensation for acquisition of property

152EM Continuity of partnerships

152EN Treatment of partnerships

152EO Conduct by directors, servants or agents

152EOA Review of operation of this Part

152EP Regulations about fees for inspection etc. of registers

152EQ Operational separation for Telstra

152ER Voluntary undertakings given by Telstra

Part XID

Search and Seizure

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

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

157AA Disclosure of documents by Tribunal in relation to merger authorisations (repealed) ⚠️

157A Disclosure of 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

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)

Part XIII

Application and transitional provisions relating to the competition provisions

Division 1 - Cartel conduct

174 Definitions

175 Giving effect after the commencement time to a cartel provision in existence before that time

176 Proceedings relating to price-fixing contraventions taking place before the commencement time

177 Authorisations in force before the commencement time

178 Notifications in force before the commencement time

Division 2 - Application of amendments made by the Competition and Consumer Amendment 2011

179 Amendments of section 50

Division 3 - Application of amendments made by the Competition and Consumer Amendment (Competition Policy Review) Act 2017

180 Definitions

181 Amendment of the definition of competition

182 Orders under section 87

183 Authorisations under section 88

184 Notices under section 93

185 Merger clearances and authorisations

Schedule 1

The Schedule versions of Part IV

[The Australian Constitution limits the extent to which the federal government can legislate. The Schedule version of the Act applies by virtue of legislation in various Australian states and territories and operates as a law of the relevant state. The Schedule version largely mirrors Part IV, but applies to persons as well as to corporations. This is referred to as the ‘Competition Code’]

Schedule 2

The Australian Consumer Law

[Note, 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]

Last updated: 23 November 2022