Legislation
Competition and Consumer Act 2010 (Cth)
Consolidated and annotated
Please note that the Competition and Consumer Act 2010 was previously named the 'Trade Practices Act 1974'. On 1 January 2011 the name officially changed, but this did not change the numbering or content of the competition provisions in the Act. Please also note that the annotation of each section is a work in progress - new sections and additional commentary will be added progressively. This is not an authorised copy of the Act and accuracy is not guaranteed. If you require an authorised version please visit ComLaw.
Contents
Part I - Preliminary
2A Application of Act to Commonwealth and Commonwealth authorities
2B Application of Act to States and Territories
2BA Application of Part IV to local government bodies
2C Activities that are not business
4A Subsidiary, holding and related bodies corporate
4C Acquisition, supply and re supply
4F References to purpose or reason
4G Lessening of competition to include preventing or hindering competition
4H Application of Act in relation to leases and licences of land and buildings
4K Loss or damage to include injury
4KA Definitions etc. that do not apply in Part XI or Schedule 2
4M Saving of law relating to restraint of trade and breaches of confidence
4N Extended application of Part IIIA
5 Extended application of this Act to conduct outside Australia
6 Extended application of this Act to persons who are not corporations
6AA Application of the Criminal Code
Part II - The Australian Competition and Consumer Commission
6A Establishment of Commission
8 Terms and conditions of appointment
8AB State/Territory AER members taken to be associate members
13 Termination of appointment of members of the Commission
14 Termination of appointment of associate members of the Commission
17 Disclosure of interests by members
19 Chairperson may direct Commission to sit in Divisions
26 Delegation by Commission in relation to unconscionable conduct and consumer protection
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 IIA - The National Competition Council
29B Functions and powers of Council
29BA Commonwealth consent to conferral of functions etc. on Council
29BC When a State/Territory energy law imposes a duty
29D Terms and conditions of office
29F Remuneration of Councillors
29H Termination of appointment of Councillors
29I Resignation of Councillors
29J Arrangement of Council business
29K Disclosure of interests by Councillors
29LA Resolutions without meetings
Part III - The Australian Competition 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
35 Suspension and removal of members of Tribunal
37 Constitution of Tribunal for particular matters
39 President may give directions
40 Disclosure of interests by members of Tribunal
41 Presidental member to preside
43 Member of Tribunal ceasing to be available
43A Counsel assisting Tribunal
Part IIIAA - The Australian Energy Regulator (AER)
Division 1 Preliminary
44AB Definitions
44AC This Part binds the Crown
44AD Extra-territorial operation
Division 2 Establishment of the AER
44AE Establishment of the AER
44AF AER to hold money and property on behalf of the Commonwealth
44AG Constitution of the AER
Division 3 Functions and powers of the AER
44AH Commonwealth functions
44AI Commonwealth consent to conferral of functions etc. on AER
44AJ How duty is imposed
44AK When a State/Territory energy law imposes a duty
44AL Powers of the AER
Division 4 - Administrative provisions relating to the AER
Subdivision A Appointment etc. of members
44AM Appointment of Commonwealth AER member
44AN Membership of AER and Commission
44AO Acting appointment of Commonwealth AER member
44AP Appointment of State/Territory AER members
44AQ Acting appointment of State/Territory AER member
44AR AER Chair
44AS Acting AER Chair
44AT Remuneration of AER members
44AU Additional remuneration of AER Chair
44AV Leave of absence
44AW Other terms and conditions
44AX Outside employment
44AY Disclosure of interests
44AZ Resignation
44AAB Termination of appointment
Subdivision B - Staff etc. to assist the AER
44AAC Staff etc. to assist the AER
Subdivision C - Meetings of the AER etc.
44AAD Meetings
44AAE Resolutions without meetings
44AAEA Arbitration
Subdivision D - Miscellaneous
44AAF Confidentiality
44AAG Federal Court may make certain orders
44AAGA Federal Court may order disconnection if an event specified in the National Electricity Rules occurs
44AAH Delegation by the AER
44AAI Fees
44AAJ Annual report
44AAK Regulations may deal with transitional matters
Part IIIA - Access to Services
44C How this Part applies to partnerships and joint ventures
44D Meaning of designated Minister
44DA The principles in the Competition Principles Agreement have status as guidelines
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
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
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 D—Procedural provisions
44NC Time limit for Council recommendations
44NE Council may invite public submissions
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
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 IV - Restrictive Trade Practices
44ZZRC Extended meaning of party
44ZZRE Meaning of expressions in other provisions of this Act
44ZZRF Making a contract etc. containing a cartel provision
44ZZRG Giving effect to a cartel provision
44ZZRI Court may make related civil orders
Subdivision C—Civil penalty provisions
44ZZRJ Making a contract etc. containing a cartel provision
44ZZRK Giving effect to a cartel provision
44ZZRM Cartel provision subject to grant of authorisation
44ZZRN Contracts, arrangements or understandings between related bodies corporate
44ZZRO Joint ventures—prosecution
44ZZRP Joint ventures—civil penalty proceedings
44ZZRQ Covenants affecting competition
44ZZRR Resale price maintenance
44ZZRT Dual listed company arrangement
44ZZRU Acquisition of shares or assets
Division 1A - Anti-competitive disclosure of pricing and other information
[This division comes into operation on 6 June 2012]
44ZZT Goods and services to which this Division applies
44ZZU Provisions affecting whether a corporation has disclosed information to a person
44ZZV Meaning of private disclosure to competitors
44ZZW Corporation must not make private disclosure of pricing information etc. to competitors
44ZZY Exceptions that apply to sections 44ZZW and 44ZZX
44ZZZ Additional exceptions that only apply to section 44ZZW
44ZZZB Mere receipt of information does not constitute being knowingly involved in contravention
45 Contracts, arrangements or understandings that restrict dealings or affect competition
45B Covenants affecting competition
45C Covenants in relation to prices
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
45EA Provisions contravening section 45E not to be given effect
45EB Sections 45D to 45EA do not affect operation of other provisions of Part
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
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
51AAA Concurrent operation of State and Territory laws
Part IVA - Unconscionable Conduct [repealed 1 January 2011]
[Note, this part related to consumer protection, not competition law; it was repealed with the introduction of the Australian Consumer Law on
1 January 2011)]
Part IVB - Industry Codes
[Note, this part relates to consumer protection, not competition law]
Part V - Consumer Protection [repealed 1 January 2011]
[Note, this part related to consumer protection, not competition law; it was repealed with the introduction of the Australian Consumer Law on
1 January 2011)]
Part VA - Liability of Manufacturers and Importers for Defective Goods [repealed 1 January 2011]
[Note, this part related to consumer protection, not competition law; it was repealed with the introduction of the Australian Consumer Law on
1 January 2011)]
Part VB - Price exploitation in relation to A New Tax System [repealed]
[Note, this part related to consumer protection, not competition law]
Part VC - Offences [repealed 1 January 2011]
[Note, this part related to consumer protection, not competition law; it was repealed with the introduction of the Australian Consumer Law on
1 January 2011)]
Part VI - Enforcement and Remedies
76A Defence to proceedings under section 76 relating to a contravention of section 95AZN
76C Defence to proceedings relating to exclusionary provisions
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 44ZZRF or 44ZZRG
79A Enforcement and recovery of certain fines
79B Preference must be given to compensation for victims
81Divestiture where merger contravenes section 50 or 50A
81A Divestiture where merger done under clearance or authorisation granted on false etc. information
83 Finding in proceedings to be evidence
84 Conduct by directors, employees or agents
86AA Limit on jurisdiction of Federal Magistrates Court
86D Punitive orders - adverse publicity
86E Order disqualifying a person from managing corporations
86F Privilege against exposure to penalty - disqualification from managing corporations
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
[Note, this part relates to consumer protection, not competition law]
Part VIB - Claims for damages or compensation for death or personal injury
[Note, this part relates to consumer protection, not competition law]
Part VII - Authorisations, notifications and clearances in respect of restrictive trade practices
Division 1 - Authorisations (other than section 50 merger authorisations)
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
Subdivision A - Exclusive dealing and private disclosure of pricing information
93 Notification of exclusive dealing
Subdivision B - Collective bargaining
93AB Notification of collective bargaining
93AC Commission's objection notice
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
93A Commission to afford opportunity for conference before giving notice
Subdivision D - Register of notifications
Division 3 - Merger clearances and authorisations
95AA Simplified outline of this Division
Subdivision B - Merger clearances
95AC Commission may grant clearance for a merger
95AD Application for clearance
95AE Requirements for valid clearance application
95AF Commission to notify if clearance application is invalid
95AG Application to be published on the internet
95AH Merger clearance register
95AI Confidentiality claims etc
95AJ Commission may seek additional information from applicant
95AK Commission may seek further information and consult others
95AL Applicant may withdraw application
95AM Commission to make determination on application
95AN When clearance must not be granted
95AO Time limits for determining application
95AP Clearance subject to conditions
95AQ When clearance is in force
95AR Minor variations of clearances
95AS Revocation of clearance or revocation of clearance and substitution of a new clearance
Subdivision C - Merger authorisations
95AT Tribunal may grant authorisation for a merger
95AU Application for authorisation
95AV Requirements for valid authorisation application
95AW Tribunal to notify if authorisation application is invalid
95AX Tribunal to notify Commission of authorisation application
95AY Application to be published on the internet
95AZ Merger authorisation register
95AZA Confidentiality claims etc
95AZC Tribunal may seek additional information from applicant
95AZD Tribunal may seek further information and consult others etc
95AZE Applicant may withdraw application
95AZEA Tribunal must require Commission to give report
95AZF Commission to assist Tribunal
95AZFA Commission may make enquiries
95AZG Tribunal to make determination on application
95AZH When authorisation must not be granted
95AZI Time limits for determining application
95AZJ Authorisation subject to conditions
95AZK When authorisation is in force
95AZL Minor variations of authorisations
95AZN Providing false or misleading information
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 Mainteance
96 Acts constituting engaging in resale price maintenance
96A Resale price maintenance in relation to services
98 Withholding the supply of goods
Part IX - Review by Tribunal of Determinations of Commission
Division 1 - Applications for review (other than for merger clearances)
101A Application for review of notice under subsection 93(3) or (3A) or 93AC(1) or (2)
102 Functions and powers of Tribunal
Division 2 - Procedure and Evidence
102A Definition
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
Division 3 - Review of Commission’s determinations on merger clearances
111 Applications for review
112 Tribunal to notify Commission
113 Commission to give material to Tribunal
114 Tribunal may consult etc. to clarify information
115 Commission to assist Tribunal
116 Tribunal only to consider material before the Commission
117 Tribunal to make decision on review
118 Time limits for making review decision
119 Tribunal’s decision taken to be Commission’s
Part X - International Liner Cargo Shipping
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
[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
[Consumer rather than competition provisions]
Part XIA - 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
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 2 - Anti-competitive conduct
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
151BUAA Minister may give directions to Commission [repealed in 2010]
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 13 - Review of operation of this Part
151CN Review of operation of this Part
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
151DC Review of policies and procedures relating to the identification of listed points of interconnection
151DD Review of operation of this Division
Part XIC - Telecommunications Access Regime
Division 1 - Introduction
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
152CBCASerial undertakings
152CBD Criteria for accepting access undertaking
152CBDAVariation 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
152CBIASpecial access undertakings prevail over inconsistent access determinations
152CBIB Special access undertakings prevail over inconsistent binding rules of conduct
152CBICAccess agreements prevail over special access undertakings
152CBJ Proposed service
Subdivision C - General provisions
152CC Register of access undertakings
152CD Enforcement of access undertakings
152CDADeferral 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 1 - Preliminary
Division 2 - Appointment of inspectors and identity cards
154B Appointment of inspectors
Division 3 - Entry to premises 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
[Note, I didn't miss it; there is no s 154I]
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
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
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 - Miscellaneous
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
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
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
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
Schedule 1 - The Schedule versions of Part IV
Division 1 - Cartel conduct
Subdivision A - Introduction
44ZZRB Definitions
44ZZRC Extended meaning of party
44ZZRD Cartel provisions
44ZZRE Meaning of expressions in other provisions of this Act
Subdivision B - Offences etc.
44ZZRF Making a contract etc. containing a cartel provision
44ZZRG Giving effect to a cartel provision
44ZZRH Determining guilt
44ZZRI Court may make related civil orders
Subdivision C - Civil penalty provisions
44ZZRJ Making a contract etc. containing a cartel provision
44ZZRK Giving effect to a cartel provision
Subdivision D - Exceptions
44ZZRL Conduct notified
44ZZRMCartel provision subject to grant of authorisation
44ZZRN Contracts, arrangements or understandings between related bodies corporate
44ZZRO Joint ventures—prosecution
44ZZRP Joint ventures—civil penalty proceedings
44ZZRQ Covenants affecting competition
44ZZRR Resale price maintenance
44ZZRS Exclusive dealing
44ZZRT Dual listed company arrangement
44ZZRU Acquisition of shares or assets
44ZZRV Collective acquisition of goods or services by the parties to a contract, arrangement or understanding
Division 2 - Other provisions
45 Contracts, arrangements or understandings that restrict dealings or affect competition
45B Covenants affecting competition
45C Covenants in relation to prices
45D Secondary boycotts for the purpose of causing substantial loss or damage
45DA Secondary boycotts for the purpose of causing substantial lessening of competition
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
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
51 Exceptions
Schedule 2 - The Australian Consumer Law
[Note, this part relates to consumer protection, not competition law]
