Competition Law Legislation
Principal Act and Regulations (current)
Competition and Consumer Act 2010
(consolidated and annotated)
Previously named the Trade Practices Act 2010 - the name of the Act was changed on 1 January 2011. This change of name did not impact on the substance or numbering of the competition law provisions of the Act.
Many of the core provisions have been annotated with more annotations being added on a regular basis.
Principal Act (historical)
Trade Practices Act 1974 (Act 51 of 1974) (as originally enacted)
Restrictive Trade Practices Act 1971 (repealed)
Trade Practices Act 1965 (repealed)
Australian Industries Preservation Act 1906 (repealed)
Amendment Bills currently before Parliament
Amendment legislation and related legislation
= external link
Amendments appearing in bold are the most significant in the context of competition law
Territories Legislation Amendment Act 2016 (Act 33 of 2016)
Amendments relating to application to Norfolk Island (ss 151AC, 152AE)
Courts Administration Legislation Amendment Act 2016 (Act 24 of 2016)
Consequential amendments - omit reference in s 130 (definition of Family Court Judge) to 'Chief Judge, the Deputy Chief Judge, a Judge Administrator' and substitute 'Chief Justice, the Deputy Chief Justice'.
Competition and Consumer Amendment (Payment Surcharges) Act 2016 (Act 9 of 2016)
Added Part IVC - Payment surcharges (prohibiting certain excessive surcharges) and associated amendments
Statute Law Revision Act (Act 4 of 2016)
Technical amendments; Schedule 4 - Guilty of an offence - amends to omit the phrase 'is guilty of' and replace it with 'commits'
Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Act 147 of 2015)
Consumer protection - extending unfair contract terms prohibitions to small business (applies to subsections 95N(2), (3) and (4), 95Q(3), 95T(1), 95Z(1), (2) and (3), 95ZK(4), 95ZP(1) and 95ZQ(1), 10.68(2), 151BUA(10) and (11), 151BUB(12) and (13), 151BUC(12) and (13), 151BUDA(6) and (7), 151BUDB(7) and (8), 151BUDC(7) and (8) and 151BV(2))
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 (Act 126 of 2015)
Minor amendments: in various places heading 'Legislative Instruments Act 2003' repealed and substituted with Legislation Act 2003 and references to 'for the purposes of the Legislative Instruments Act 2003' omitted. Subsection 87Y(2) repealed and substituted with '(2) A regulation made for the purposes of paragraph (1)(a) does not commence before the end of the period of 6 months starting: (a) if the regulation is laid before each House of the Parliament under section 38 of the Legislation Act 2003 on the same day - on that day; or (b) if it is laid before each House of the Parliament under that section on different days - on the later of those days'.
Telecommunications Legislation Amendment (Deregulation) Act 2015 (Act 38 of 2015)
Minor amendments: para 151CM(1)(b) omit 'Telstra); and' and substitute 'Telstra).'; repeal para 151CM(1)(c); repeal definition of universal service profider in ss 151CM(5); repeal para 155AAA(12)(ka).
Acts and Instruments (Framework Reform) Act 2015 (Act 10 of 2015)
Minor amendments to ss 151BUAA, 151CMA, 151CMB and 151CMC
Omnibus Repeal Day (Autumn 2014) Act
2014 (Act 109 of 2014)
Amendments relating to access agreements, completed reviews and consequential and transitional provisions (ss 152AC amended (definition of quarter inserted), 152BEA and 152BEB repealed and substituted (re: quarterly reports about access and ACCC may request copy of access agreement or variation agreement); Division 13 of Part XIB repealed; Sections 151DC and 151DD repealed; Paragraph 19(6)(c) of Schedule 2 repealed)
Competition and Consumer Amendment (Industry Code Penalties) Act 2014 (Act 107 of 2014)
Passed both houses 4 September 2014 (to take effect from 1 January 2015). Assent on 24 September 2014
Deals with Franchise code - gives ACCC power to issue infringement notices and Court power to impose pecuniary penalties.
Clean Energy Legislation (Carbon Tax Repeal) Act 2014 (Act 83 of 2014)
Inserts new Part V and makes related amendments
Competition and Consumer Amendment Act 2013 (No 104 of 2013)
No competition amendments - amends s 48 of Schedule 2 (Australian Consumer Law)
Statute Law Revision Act 2013 (No 103 of 2013)
Minor amendments only
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 (Act 13 of 2013)
In April 2013 the Federal Magistrates Court was re-named the Federal Circuit Court. This Act replaces references to Federal Magistrate's Court with Federal Circuit Court.
Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 (Act 169 of 2012)
Added definition to s 4 and minor amendments to s 45B, 47(11), 151BC and Schedule 1
Consumer Credit Legislation Amendment (Enhancements) Act 2012 (Act 130 of 2012)
Not relevant to the competition provisions
Telecommunications Legislation Amendment (Universal Service Reform) Act 2012 (Act 44 of 2012)
After para 155AAA(12)(k) inserted: "(ka) the Telecommunications Universal Service Management Agency;"
Competition and Consumer Amendment Act (No 1) 2011 (Act 185 of 2011)
Introduced price signalling laws (to commence 6 June 2012)
Competition and Consumer Legislation Amendment Act 2011 (Act 184 of 2011)
Provides for amendments to the definition of market for purposes of mergers - passed both Houses
(previously introduced as the CCLA Bill 2010)
Acts Interpretation Amendment Act 2011 (Act 46 of 2011)
Amendment to definition of 'document' in s 4.
Telecommunications Legislation Amendment (National Broadband Network Measures - Access Arrangements) Act 2011 (Act 23 of 2011)
Government bill. Introduced 25 November 2010. Assent on 12 April 2011
Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 (Act 140 of 2010)
Amends parts XIB and XIC of the Act.
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Act 103 of 2010)
Renamed the Act the 'Competition and Consumer Act 2010'
Trade Practices Amendment (Infrastructure Access) Act 2010 (Act 102 of 2010)
Makes changes to administrative processes
Statute Law Revision Act 2010 (Act 8 of 2010)
Replaces refrences to "Internet site" in ss 152ELB and 152ELC with "website"
Crimes Legislation Amendment (Serious and Organised Crime) Act (No 2) 2010 (Act 4 of 2010)
(removes references to the Crimes Act 1914 and replaces them with references to the Criminal Code)
Statute Stocktake (Regulatory and Other Laws) Act 2009 (Act 111 of 2009)
Repealed Part VB and related amendments
Federal Court of Australia Amendment (Criminal Proceedings) Act 2009 (Act 106 of 2009)
Provides criminal jurisdiction for the Federal Court of Australia, necessary for enforcement of the criminal cartel provision.
Note: this Act amends the Federal Court of Australia Act; it does not amend the TPA/CCA
Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Act 59 of 2009)
The Act re-defines cartel conduct and provide for criminal penalties for such conduct.
Trade Practices Amendment (Clarity in Pricing) Act 2008 (Act 126 of 2008)
Introduced component pricing laws
Trade Practices Legislation Amendment Act 2008 (Act 116 of 2008)
Predatory Pricing and other section 46 amendments and s 155 amendment.
Trade Practices Amendment (Access Declarations) Act 2008 (Act 7 of 2008)
Telecommunications access - declarations are not legislative instruments and provision made for compensation where property acquired
Trade Practices Legislation Amendment Act 2007 (Act 159 of 2007) (Birdsville Amendment)
Section 46 - minor amendments and the predatory pricing addition
Trade Practices Legislation Amendment Act (No 1) 2006 (Act 131 of 2006)
First set of Dawson Reforms, including increased civil penalties and major changes to merger procedures
Trade Practices Legislation Amendment Act 2003 (Act 134 of 2003)
Access and Prices Surveillance
Trade Practices Amendment Act (No 1) 2002 (Act 128 of 2002)
Trade Practices Amendment (Telecommunications) Act 2001 (Act 124 of 2001)
Financial Services Reform (Consequential Provisions) Act 2001 (Act 123 of 2001)
Treasury Legislaiton Amendment (Application of Criminal Code) Act (No 3) 2001 (Act 117 of 2001)
Trade Practices Amendment Act (No 1) 2001 (Act 63 of 2001)
(as amended by Statute Law Revision Act 2002 (Act 63 of 2002))
Corporations (Repeals, Consequentials and Transitionals) Act 2001 (Act 55 of 2001)
Communicaitons and the Arts Legislation Amendment Act 2001 (Act 46 of 2001)
Treasury Legislation Amendment (Application of Criminal Code) Act (No 1) 2001 (Act 31 of 2001)
(as amended by Statute Law Revision Act 2002)
Jurisdiction of Courts (Miscellaneous Amendments) Act 2000 (Act 161 of 2000)
Trade Practices Amendment (International Liner Cargo Shipping) Act 2000 (Act 123 of 2000)
A New Tax System (Trade Practices Amendment) Act 2000 (Act 69 of 2000)
Jurisdiction of Courts Legislation Amendment Act 2000 (Act 57 of 2000)
Federal Magistrates (Consequential Amendments) Act 1999 (Act 194 of 1999)
A New Tax System (Indirect Tax and Consequential Amendments) Act 1999 (Act 176 of 1999)
Public Employment (Consequential and Transitional) Amendment Act 1999 (Act 176 of 1999)
A New Tax System (Trade Practices Amendment) Act 1999 (Act 61 of 1999)
Inserted Part VB Price exploitation in relation to A New Tax System and made consequential amendments
Telecommunications Legislation Amendment Act 1999 (Act 52 of 1999)
Trade Practices Amendment (Country of Origin Representations) Act 1998 (Act 106 of 1998)
Gas Pipelines Access (Commonwealth) Act 1998 (Act 101 of 1998)
Financial Sector Reform (Consequential Amendments) Act 1998 (Act 48 of 1998)
Trade Practices Amendment (Fair Trading) Act 1998) (Act 36 of 1998)
Telecommunications Legislation Amendment Act 1997 (Act 200 of 1997)
Audit (Transitional and Miscellaneous) Amendment Act 1997 (Act 152 of 1997)
Trade Practices Amendment (Telecommunications) Act 1997 (Act 58 of 1997)
Inserts Part XIB, setting up a special regime for regulating anti-competitive conduct in the telecommunications industry
Trade Practices Amendment (Industry Access Codes) Act 1997 (Act 28 of 1997)
Workplace Relations and other Legislation Amendment Act 1996 (Act 60 of 1996)
(as amended by Workplace Relations and Other Legislation Amendment Act (No 2) 1996 (Act 77 of 1996))
Statute Law Revision Act 1986 (Act 43 of 1996)
Competition Policy Reform Act 1995 (Act 88 of 1995)
National Competition Policy, Access, Services etc. Response to Hilmer Report
Law and Justice legislation Amendment Act (No 2) 1994 (Act 141 of 1994)
Insurance Laws Amendment Act (No 2) 1994 (Act 49 of 1994)
Industrial Relations Reform Act 1993 (Act 98 of 1993)
Trade Practices Legislation Amendment Act 1992 (Act 222 of 1992)
Response to Cooney Report. Changes to merger (revert to SLC test, provide criteria in s 50(3) and for international considerations in authorisation applications), misuse of market power provisions and increased pecuniary penalties.
Trade Practices Amendment Act 1992 (Act 106 of 1992)
Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 (Act 105 of 1992)
Territories Law Reform Act 1992 (Act 104 of 1992)
Law and Justice Legislation Amendment Act 1992 (Act 22 of 1992)
Special Broadcasting Service Act 1991 (Act 180 of 1991)
Transport and Communications Legislation Amendment Act 1991 (Act 173 of 1991)
Law and Justice Legislation Amendment Act 1991 (Act 136 of 1991)
Industrial Relations Legislation Amendment Act 1991 (Act 122 of 1991)
Trade Practices Amendment Act 1991 (Act 49 of 1991)
Law and Justice Legislation Amendment Act 1990 (Act 11 of 1990)
Circuit Layouts Act 1989 (Act 28 of 1989)
Industrial Relations (Consequential Provisions) Act 1988 (Act 87 of 1988)
(as amended by Industrial Relations Legislation Amendment Act (No 2) 1990)
Trade Practices Amendment Act 1988 (Act 20 of 1988)
Family Court of Australia (Additional Jurisdiction and Exercise of Powers Act 1988) (Act 8 of 1988)
(as amended by Law and Justicie Legislation Amendment Act 1988 (Act 120 of 1988))
Statute Law (Miscellaneous Provisions) Act 1987 (Act 141 of 1987)
Jurisdiction of Courts (Miscellaneous Amendments) Act 1987 (Act 23 of 1987)
Statute Law (Miscellaneous Provisions) Act (No 2) 1986 (Act 168 of 1986)
Trade Practices Revision Act 1986 (Act 17 of 1986)
Misuse of market power and various other amendments
Statute Law (Miscellaneous provisions) Act (No 1) 1985 (Act 65 of 1985)
Statute Law (Miscellaneous Provisions) Act (No 2) 1984 (Act 165 of 1984)
(as amended by Trade Practices Revision Act 1986 (Act 17 of 1986))
Remuneration and Allowances Amendment Act 1984 (Act 73 of 1984)
Public Service Reform Act 1984 (Act 63 of 1984)
Statute Law (Miscellaneous Amendments) Act (No 2) 1982 (Act 80 of 1982)
Statute Law (Miscellaneous Amendments) Act 1981 (Act 176 of 1981)
Statute Law Revision Act 1981 (Act 61 of 1981)
Trade Practices (Boycotts) Amendment Act 1980 (Act 73 of 1980)
Trade Practices Amendment Act (No 2) 1978 (Act 207 of 1978)
Secondary boycotts, no duplication of pecuniary penalties
Trade Practices Amendment Act 1978 (Act 206 of 1978)
Price fixing (joint ventures), Exclusive dealing (related corporations), Authorisation and notification
Trade Practices Amendment Act (No 2) 1977 (Act 151 of 1977)
Remuneration and Allowances Amendment Act 1977 (Act 111 of 1977)
Federal Court of Australia (Consequential Provisions) Act 1976 (Act 157 of 1976)
Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 (Act 56 of 1975)
Please note that further links and details are only provided for those amendments most relevant to the competition law provisions of the Act. For a full list of amending legislation visit ComLaw.
Bills not passed or lapsed
Bills (relating to competition law) not passed or lapsed
Competition and Consumer (Misuse of Market Power) Bill 2014
Private member's bill - Senator Xenophon - proposal to allow for divestiture following s 46 breach. Senate Economics Legislation Committee recommended that the Senate not pass the bill in February 2015. Bill lapsed at prorogation on 17 April 2016 but restored to notice paper on 19 April 2016. Bill lapsed again at dissolutoin of Parliament in May.
Competition and Consumer Amendment (Deregulatory and Other Measures) Bill 2015
Focus on ACL but also amendment to s 5 re: requirement for Ministerial consent
Bill lapsed at prorogation: 15 April 2016
Competition and Consumer Amendment (Strengthening Rules About Misuse of Power) Bill 2013
Private Member's bill introduced on 17 June 2013 by Rob Oakeshott MP.
Lapsed at dissolution of Parliament: 5 August 2013
Supermarket Dominance Bill 2013
Private Member's bill introduced on 17 June 2013 by Bob Katter MP and supported by Nick Xenophon MP and Andrew Wilkie MP.
Lapsed at dissolution of Parliament: 5 August 2013
Competition and Consumer (Price Signalling) Amendment Bill 2010 (will not be debated - Government bill passed 24 November 2011)
Private Member's Bill - price signalling laws - first reading on 22 November 2010
Referred to House of Representatives Committee
Competition and Consumer Legislation Amendment Bill 2010 (lapsed - re-introduced on 15 June 2011 as the CCLA Bill 2011)
Provides for amendments to the definition of market for purposes of mergers
Trade Practices Amendment (Material Lessening of Competition - Richmond Amendment) Bill 2009 (not proceeding/lapsed)
Private members bill. Provided for two changes to the merger laws designed to lower the merger threshold and prohibit 'creeping acquisitions'
Trade Practices Amendment (Guaranteed Lowest Prices - Blacktown Amendment) Bill 2009 (not proceeding/lapsed)
Private members bill. Proposed prohibition of geographic price discrimination for big business.
Trade Practices (Creeping Acquisitions) Amendment Bill 2007 (lapsed)
Private members bill. Provided for changes to allow consideration of a series of mergers in assessing anti-competitive effect.
Articles 101 and 102 of Treaty on the Functioning of the European Union (TFEU) and other relevant articles
Also includes Articles 103-106 and links to guideance material and regulations
US Code Title 15 (Commerce and Trade) - Chapter 1 (Monopolies and Combinations in Restraint of Trade)
Incorporating (amongst others) the Sherman Act (sections 1-7), the Clayton Act (sections 12-27 and 52-53), the Federal Trade Commission Act (sections 41-58), the Robinson-Patman Act (section 13) and the Hart-Scott-Rodino Antitrust Improvements Act (section 18a).
See International Competition Law for more links to relevant legislation