Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn proceedings before the Tribunal:
(a) a natural person may appear in person;
(aa) a person other than a body corporate may be represented by an employee of the person approved by the Tribunal;
(b) a body corporate may be represented by an employee, or a director or other officer, of the body corporate approved by the Tribunal;
(c) an unincorporated association of persons or a member of an unincorporated association of persons may be represented by a member or officer of the association approved by the Tribunal; and
(d) any person may be represented by a barrister or a solicitor of the Supreme Court of a State or Territory or of the High Court.
Competition and Consumer Act 2010
No. 51, 1974
Compilation No. 154
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
This compilation is in 4 volumes
Volume 4: Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Competition and Consumer Act 2010 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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 45AF, 45AG, 45AJ, 45AK and 45
10.17A Exemptions from sections 45AF, 45AG, 45AJ, 45AK and 45 for freight rate agreements
10.18 Exemption from section 47
10.18A Exemptions from section 47 for freight rate agreements
Subdivision B--Exemptions relating to loyalty agreements
10.19 Exemptions from sections 45AF, 45AG, 45AJ, 45AK and 45
10.20 Exemption from section 47
10.21 Exemptions cease to apply in relation to a shipper at the shipper's option
Subdivision D--Other exemptions
10.24 Exemptions from sections 45AF, 45AG, 45AJ, 45AK, 45 and 47 in relation to certain negotiations
10.24A Exemptions from sections 45AF, 45AG, 45AJ, 45AK, 45 and 47 in relation to stevedoring contracts
Division 6--Registration of conference agreements
Subdivision A--Provisional registration
10.25 Application for provisional registration of conference agreement
10.26 How application is to be made and verified
10.27 Copy of agreement to be filed with application etc.
10.27A Copy of conference agreement to be given to designated peak shipper body
10.28 Decision on application for provisional registration
10.29 Parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement
Subdivision B--Final registration
10.30 Application for final registration of conference agreement
10.31 How application is to be made and verified
10.32 Copy of agreement to be filed with application etc.
10.33 Decision on application for final registration
Subdivision C--Confidentiality requests
10.34 Request for confidentiality
10.35 Abstract to accompany request for confidentiality
10.36 Examination of abstract
10.37 Decision on request for confidentiality
10.38 Application for registration to be returned where request for confidentiality refused etc.
Subdivision D--Miscellaneous
10.39 Application also to be made for registration of varying conference agreements
10.40 Notification of happening of affecting events prior to final registration etc.
Division 7--Obligations of ocean carriers in relation to registered conference agreements
10.41 Parties to registered conference agreement to negotiate with certain designated shipper bodies etc.
10.42 Application to be made for registration of varying conference agreements
10.43 Parties to registered conference agreement to notify happening of affecting events etc.
Division 8--Powers of Minister in relation to registered conference agreements
10.44 Powers exercisable by Minister in relation to registered conference agreements etc.
10.45 Circumstances in which Minister may exercise powers in relation to registered conference agreements
10.46 Action to be taken where powers exercised by Minister without first obtaining Commission report
10.47 Investigation and report by Commission on reference by Minister
10.48 Investigation and report by Commission on own initiative or on application by affected person
10.49 Undertakings by parties to registered conference agreement
10.49A Enforcement of undertakings
Division 9--Obligations of non - conference ocean carriers with substantial market power
10.50 Investigations by Commission into market power of ocean carriers
10.51 Determination by Minister of market power of ocean carriers
10.52 Non - conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.
10.53 Non - conference ocean carrier with substantial market power not to hinder Australian flag shipping operators etc.
Division 10--Powers of Minister in relation to non - conference ocean carriers with substantial market power
10.54 Powers exercisable by Minister in relation to obligations of non - conference ocean carriers with substantial market power
10.55 Circumstances in which Minister may exercise powers
10.56 Action to be taken where powers exercised by Minister without first obtaining Commission report
10.57 Investigation and report by Commission on reference by Minister
10.58 Investigation and report by Commission on application by affected person
10.59 Undertakings by ocean carrier
10.60 Enforcement of orders and undertakings
Division 11--Unfair pricing practices
10.61 Powers exercisable by Minister in relation to pricing practices etc.
10.62 Circumstances in which Minister may exercise powers
10.63 Investigation and report by Commission
10.64 Undertakings not to engage in pricing practices
10.65 Enforcement of orders and undertakings
10.66 Determination of normal freight rates for shipping services
10.67 Determination of whether practice contrary to national interest
Division 12--Registration of ocean carrier agents
10.68 Ocean carrier who provides international liner cargo shipping services to have registered agent
10.69 Representation of ocean carrier by registered agent
10.70 Application by ocean carrier for registration of agent
10.71 Registration of agent
10.72 Change of agent etc.
Division 12A--Exemption orders for inwards conference agreements etc.
10.72A Exemption orders for inwards conference agreements etc.
10.72B Criteria for making exemption order
10.72C Duration of exemption order may be limited
10.72D Conditions of exemption order
Division 13--General provisions relating to registers and conference agreement files
10.73 Form of registers and conference agreement files
10.74 Deletion of entries wrongly existing in certain registers
10.75 Deletion of obsolete entries in certain registers
10.76 Correction of clerical errors and other mistakes in certain registers etc.
Division 14--Administration
10.77 Registrar of Liner Shipping
10.78 Appointment of Registrar etc.
10.79 Acting Registrar
10.80 Registrar and staff to be public servants
10.81 Delegation by Minister
10.82 Delegation by Registrar
Division 14A--Review of decisions of Commission
10.82A Review by Tribunal
10.82B Functions and powers of Tribunal
10.82C Provisions that do not apply in relation to a Tribunal review
Division 14B--Review of decisions of Minister
10.82D Review by Tribunal
10.82E Functions and powers of Tribunal
10.82F Modifying register after Tribunal review
10.82G Provisions that do not apply in relation to a Tribunal review
Division 15--Miscellaneous
10.83 Act not to affect rights under Freedom of Information Act
10.84 Review of decisions of Registrar
10.85 Statement to accompany notices of Registrar
10.86 Evidence
10.87 Notification by Commission of references etc.
10.88 Exclusion of documents etc. from register of Commission investigations
10.89 Disclosure of confidential information
10.90 Fees
10.91 Application of Part XID and section 155 to investigations under Part
Part XI--Application of the Australian Consumer Law as a law of the Commonwealth
Division 1--Preliminary
130 Definitions
130A Expressions defined in Schedule 2
Division 2--Application of the Australian Consumer Law as a law of the Commonwealth
Subdivision A--Application of the Australian Consumer Law
131 Application of the Australian Consumer Law in relation to corporations etc.
131A Division does not apply to financial services
131B Division does not apply to interim bans imposed by State or Territory Ministers
131C Saving of other laws and remedies
Subdivision B--Effect of other Commonwealth laws on the Australian Consumer Law
131D Effect of Part VIB on Chapter 5 of the Australian Consumer Law
131E Application of the Legislation Act 2003
131F Section 4AB of the Crimes Act does not apply
131G Application of the Criminal Code
Division 3--Conferences for proposed bans and recall notices
Subdivision A--Conference requirements before a ban or compulsory recall
132 Commonwealth Minister must issue a proposed ban notice
132A Commonwealth Minister must issue a proposed recall notice
132B Commonwealth Minister to be notified if no person wishes a conference to be held
132C Notification of conference
132D Recommendation after conclusion of conference
Subdivision B--Conference requirements after an interim ban is imposed
132E Opportunity for a conference after an interim ban has been imposed by the Commonwealth Minister
132F Notification of conference
132G Recommendation after conclusion of conference
Subdivision C--Conduct of conferences
132H Conduct of conferences
Subdivision D--Miscellaneous
132J Interim ban and recall notice without delay in case of danger to the public
132K Copy of notices under this Division to be given to suppliers
Division 4--Enforcement
Subdivision A--Inspectors
133 Appointment of inspectors
133A Identity cards
Subdivision B--Premises to which the public is given access
133B Power to enter premises to which the public has access--consumer goods
133C Power to enter premises to which the public has access--product related services
Subdivision C--Disclosure notices relating to the safety of goods or services
133D Power to obtain information etc.
133E Self - incrimination
133F Compliance with disclosure notices
133G False or misleading information etc.
Subdivision D--Court orders relating to the destruction etc. of goods
133H Court orders relating to consumer goods that do not comply with a safety standard etc.
133J Recovery of reasonable costs of seizing, and destroying or disposing of, consumer goods
Division 5--Infringement notices
134 Purpose and effect of this Division
134A Issuing an infringement notice
134B Matters to be included in an infringement notice
134C Amount of penalty
134D Effect of compliance with an infringement notice
134E Effect of failure to comply with an infringement notice
134F Infringement notice compliance period for infringement notice
134G Withdrawal of an infringement notice
Division 6--Search, seizure and entry
Subdivision A--Powers of inspectors
135 Inspector may enter premises
135A Search - related powers of inspectors
135B Inspector may ask questions and seek production of documents
135C Failure to answer questions or produce documents
135D Persons assisting inspectors
135E Use of force in executing a search warrant
135F Announcement before entry under warrant
135G Inspector must be in possession of search warrant
Subdivision B--Obligations of inspectors
135H Consent
135J Details of search warrant etc. must be given to the occupier of the premises
Subdivision C--Occupier's etc. rights and responsibilities
135K Occupier etc. entitled to observe execution of search warrant
135L Occupier etc. to provide inspector etc. with facilities and assistance
135M Receipts for seized consumer goods and equipment
135N Return of seized consumer goods and equipment
135P Judge may permit consumer goods or equipment to be retained
Subdivision D--Provisions relating to seizure
135Q Recovery of reasonable costs of seizing consumer goods or equipment
135R Destruction or disposal of seized consumer goods or equipment
Subdivision E--Embargo notices
135S Embargo notices
135T Embargo period for embargo notices
135U Multiple embargo notices for the same consumer goods or product related services
135V Power of inspectors to secure consumer goods
135W Power of inspectors to secure equipment used to supply product related services
135X Consent to supply etc. embargoed consumer goods etc.
135Y Compliance with embargo notices
Subdivision F--Issue of search warrants
135Z Issue of search warrants
136 Search warrants by telephone, fax etc.
136A Offence relating to warrants by telephone, fax etc.
Subdivision G--Miscellaneous
136B Powers of judges
Division 7--Remedies
137 Limit on occupational liability
137A Contributory acts or omissions to reduce compensation in defective goods actions
137B Reduction of the amount of loss or damage if the claimant fails to take reasonable care
137C Limits on recovery of amounts for death or personal injury
137D Compensation orders etc. arising out of unconscionable conduct or unfair contract term
137E Limits on compensation orders etc. for death or personal injury
137F Court may make orders for the purpose of preserving money or other property held by a person
137G Compliance with orders made under section 137F
137H Findings and admissions of fact in proceedings to be evidence
Division 8--Jurisdictional matters
138 Conferring jurisdiction on the Federal Court
138A Conferring jurisdiction on the Federal Circuit and Family Court of Australia (Division 2)
138B Conferring jurisdiction on State and Territory Courts
138C Transfer of matters by the Federal Court
138D Transfer of matters by a State or Territory court
138E Transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 1)
Division 9--Miscellaneous
139 Intervention by the Commission
139A Terms excluding consumer guarantees from supplies of recreational services
139B Conduct of directors, employees or agents of bodies corporate
139C Conduct of employees or agents of persons other than bodies corporate
139D Enforcement and recovery of certain fines
139DA Application of section 229 of the Australian Consumer Law to a person other than a body corporate
139E Cessation of enforcement orders etc.
139F Compensation for acquisition of property
139G Regulations
Part XIAA--Application of the Australian Consumer Law as a law of a State or Territory
140 Definitions
140A Object of this Part
140B The applied Australian Consumer Law
140C Federal Court may exercise jurisdiction under application laws of Territories
140D Exercise of jurisdiction under cross - vesting provisions
140E Commonwealth consent to conferral of functions etc. on Commonwealth entities
140F How duty is imposed
140G When an application law imposes a duty
140H Application laws may operate concurrently with this Act
140J No doubling - up of liabilities
140K References in instruments to the Australian Consumer Law
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 2--Anti - competitive conduct
151AJ Anti - competitive conduct
151AK The competition rule
Division 3--Competition notices and exemption orders
Subdivision A--Competition notices
151AKA Part A competition notices
151AL Part B competition notices
151AM Competition notice to be given to carrier or carriage service provider
151AN Evidentiary effect of competition notice
151AO Duration of Part A competition notice
151AOA Variation of competition notice
151AOB Revocation of competition notice
151AP Guidelines
151AQ Commission to act expeditiously
151AQA Stay of proceedings relating to competition notices
151AQB Advisory notices
151AR Register of competition notices
Subdivision B--Exemption orders
151AS Exemption orders
151AT Form of application
151AU Further information
151AV Withdrawal of application
151AW Commission must publicise receipt of applications
151AX Commission may refuse to consider application if it relates to the same conduct as an authorisation application
151AY Commission may refuse to consider application if it relates to the same conduct as a Part VII notification
151AZ Commission may convene conference to discuss application
151BA Commission must grant or reject application
151BB Commission to give opportunity for submissions
151BC Criteria for making exemption order
151BD Notification of decision
151BE Duration of exemption order may be limited
151BF Conditions of exemption order
151BG Revocation of exemption order
151BH Register of exemption orders
Subdivision C--Miscellaneous
151BJ Conduct includes proposed conduct
Division 6--Record - keeping rules and disclosure directions
151BU Commission may make record - keeping rules
151BUAA Minister may give directions to Commission
151BUAB Request for disclosure
151BUA Commission gives access to reports
151BUB Carrier or carriage service provider gives access to reports
151BUC Carrier or carriage service provider gives access to periodic reports
151BUD Exemption of reports from access requirements
151BUDA Commission gives access to Ministerially - directed reports
151BUDB Carrier or carriage service provider gives access to Ministerially - directed reports
151BUDC Carrier or carriage service provider gives access to Ministerially - directed periodic reports
151BUE Access via the internet
151BUF Self - incrimination
151BV Incorrect records
Division 7--Enforcement of the competition rule, record - keeping rules and disclosure directions
151BW Person involved in a contravention of the competition rule, a record - keeping rule or a disclosure direction
151BX Pecuniary penalties for breach of the competition rule, 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, 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
151CMC Examples of matters that may be specified in a determination under section 151CMA or 151CMB
Division 15--Voluntary undertakings originally given by Telstra
151CMD Voluntary undertakings originally given by Telstra
151CQ Voluntary undertakings given by Telstra
Division 16--NBN corporations
151DA Authorised conduct--subsection 51(1)
151DB Listed points of interconnection
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
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
152AQC Compensation for acquisition of property
Division 3--Standard access obligations
Subdivision A--Category A standard access obligations
152AR Category A standard access obligations
152ASA Anticipatory class exemptions from category A standard access obligations
152ATA Anticipatory individual exemptions from category A standard access obligations
152AU Individual exemptions--request for further information
152AXA Statement of reasons for decision--specification of documents
Subdivision B--Category B standard access obligations
152AXB Category B standard access obligations
152AXC NBN corporation to supply declared services on a non - discriminatory basis
152AXD NBN corporation to carry on related activities on a non - discriminatory basis
Subdivision C--Compliance with standard access obligations
152AY Compliance with standard access obligations
152AYA Ancillary obligations--confidential information
152AZ Carrier licence condition
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
152BCCB Statutory infrastructure provider standards and rules prevail 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
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
152BDAA Matters 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
152BDCB Statutory infrastructure provider standards and rules prevail 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
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 Quarterly reports about access agreements
152BEB Commission may request copy of access agreement or variation 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
152BEBH Statutory infrastructure provider standards prevail over inconsistent access agreements
152BEBI Statutory infrastructure provider rules prevail over inconsistent access agreements
152BEC Carrier licence condition
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
152CBID Statutory infrastructure provider standards and rules prevail over inconsistent 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
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
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
152EP Regulations about fees for inspection etc. of registers
152EQ Assistance to independent telecommunications adjudicator
152EQA Voluntary undertakings originally given by Telstra
152ER Voluntary undertakings given by Telstra
Part XICA--The Electricity Industry
Division 1--Preliminary
153A Simplified outline of this Part
153B Part etc. ceases to be in force
153C Interpretation
153D Meaning of connected body corporate in relation to prohibited conduct
Division 2--Prohibited conduct
153E Prohibited conduct--retail pricing
153F Prohibited conduct--electricity financial contract liquidity
153G Prohibited conduct--electricity spot market (basic case)
153H Prohibited conduct--electricity spot market (aggravated case)
153J Prohibited conduct--purpose
153K Prohibited conduct may be covered by other provisions
Division 3--Commission responses
Subdivision A--Public warning notices
153L Commission may give draft public warning notice
153M Commission may issue public warning notice
Subdivision B--Infringement notices
153N Infringement notices
Division 4--Procedure before contracting order or divestiture order
Subdivision A--Prohibited conduct notices
153P Prohibited conduct notices
153Q Commission may vary or revoke prohibited conduct notice
Subdivision B--Prohibited conduct recommendations and no Treasurer action notices
153R Commission must give Treasurer prohibited conduct recommendation or no Treasurer action notice
153S Prohibited conduct recommendations
153T Commission may vary or revoke prohibited conduct recommendation
153U No Treasurer action notice
153V Commission may vary or revoke no Treasurer action notice
Division 5--Contracting orders
Subdivision A--Treasurer may make contracting orders
153W Conditions for making contracting order
153X Treasurer may make contracting order
153Y Variation and revocation of contracting order
Subdivision B--Enforcement of contracting orders
153Z Enforcement of contracting orders
Division 6--Electricity divestiture orders
153ZA Treasurer may apply to Federal Court for divestiture order
153ZB Making of divestiture order
153ZBA Arrangements or undertakings in relation to employees
Division 7--Miscellaneous
153ZC Acquisition of property
153ZD No orders under subsection 76(1) against certain individuals
Part XICB--Access to CS services
Division 1--Preliminary
153ZEA Objects of Part
153ZEB Definitions
153ZEC How this Part applies to partnerships and joint ventures
153ZED Constitutional limits on operation of this Part
153ZEE This Part binds the Crown
Division 2--Declaration of CS services
153ZEF Minister may declare a CS service
153ZEG Amendment and revocation of declarations
Division 3--Negotiation of access
153ZEH Notification of negotiations under this Division
153ZEI Ending negotiations under this Division
153ZEJ Conducting negotiations under this Division
153ZEK Information request by bargaining party--general
153ZEL Information request by bargaining party--miscellaneous rules
Division 4--Notification of access disputes
153ZEM Notification of access disputes
153ZEN Withdrawal of notifications
Division 5--Arbitration of access disputes
153ZEO Parties to the arbitration
153ZEP Determination by Commission
153ZEQ Restrictions on access determinations
153ZER Matters that the Commission must take into account
153ZES Time limit for Commission's final determination
153ZET Arbitration reports
153ZEU Commission may terminate arbitration in certain cases
Division 6--Procedure in arbitration
153ZEV Subdivision D of Division 3 of Part IIIA to apply
153ZEW Commission's powers if information not provided in negotiations
153ZEX Sharing information with and requesting advice from ASIC and Reserve Bank
Division 7--Effect of determinations
153ZEY Operation of final determinations
153ZEZ Effect and duration of interim determinations
Division 8--Variation and revocation of determinations
153ZFA Variation and revocation of determinations
Division 9--Enforcement and remedies
153ZFB Prohibition on hindering access to declared services
153ZFC Division 7 of Part IIIA to apply
Division 10--Miscellaneous
153ZFD Register of determinations
153ZFE Provisions of Division 8 of Part IIIA to apply
Part XID--Search and seizure
Division 1--Preliminary
154 Simplified outline
154A Definitions
Division 2--Appointment of inspectors and identity cards
154B Appointment of inspectors
154C Identity cards
Division 3--Entry to premises with consent
154D Entry with consent
154E Powers in relation to premises
154F Operation of electronic equipment at premises
Division 4--Entry to premises under a search warrant
Subdivision A--Powers available under a search warrant
154G The things that are authorised by a search warrant
154GA Removing things for examination or processing
154H Operation of electronic equipment at premises
154J Securing electronic equipment for use by experts
Subdivision B--Availability of assistance and use of force in executing a search warrant
154K Authorisation of officers assisting
154L Availability of assistance and use of force in executing a search warrant
Subdivision C--Obligations of executing officer and officers assisting
154M Announcement before entry
154N Details of warrant to be given to occupier
Subdivision D--Occupier's rights and responsibilities
154P Occupier entitled to observe search being conducted
154Q Occupier to provide reasonable facilities and assistance
154R Answering of questions or producing evidential material
154RA Person with computer knowledge to assist access etc.
Subdivision E--General provisions relating to seizure
154S Copies of seized things to be provided
154T Receipts for things seized or moved under warrant
154U Return of seized things
154V Magistrate may permit a thing to be retained
154W Disposal of things if there is no owner or owner cannot be located
Subdivision F--Search warrants
154X Issue of search warrants
154Y Search warrants by telephone, fax etc.
154Z Offences relating to warrants
Subdivision G--Powers of magistrates
154ZA Powers conferred on magistrates
Division 5--General provisions relating to electronic equipment
154ZB Operation of electronic equipment at premises
154ZC Compensation for damage to electronic equipment
Part XIE--Designated complaints
Division 1--Preliminary
154ZD Simplified outline of this Part
154ZE Definitions
Division 2--Commission handling of designated complaints
154ZF Designated complaints
154ZG Commission to respond by giving notice
154ZH Notice--no further action on complaint
154ZJ Notice--no further action on complaint--contents
154ZK Notice--further action to deal with complaint
154ZL Replacement notices
154ZM Withdrawal of complaint
154ZN Publication requirements
Division 3--Designated complainants
154ZP Application for approval as designated complainant
154ZQ Minister may grant approval
154ZR Conditions in approval
154ZS Contents of approval
154ZT Notice of decision on application for approval
154ZU Variation or revocation of approval
154ZV Minister may vary or revoke approval
154ZW Contents of variation or revocation of approval
154ZX Notice of decision on application for variation or revocation of approval
Division 4--Miscellaneous
154ZY Delegation
154ZZ Designated complaints determination
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
157A Disclosure of energy - related information by Commission
157AA Disclosure of CDR - related information by Commission
157B Disclosure of protected cartel information to a court or tribunal
157C Disclosure of protected cartel information to a party to court proceedings etc.
157D General powers of a court
158 Protection of members of Tribunal, counsel and witnesses
158A Proceedings without initiation notice--use of virtual enquiry technology
158B Proceedings with initiation notice--use of virtual enquiry technology
159 Incriminating answers
160 Failure of witness to attend
161 Refusal to be sworn or to answer questions
162 Contempt
162A Intimidation etc.
163 Prosecutions
163A Declarations and orders
165 Inspection of, furnishing of copies of, and evidence of, documents
166 Certificates as to furnishing of particulars to Commission
167 Judicial notice
170 Legal and financial assistance
171 Annual report by Commission
171A Charges by the Commission
171B Division 3 of Part IIIA does not confer judicial power on the Commission
172 Regulations
173 Authorisation for the purposes of subsection 51(1)
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 Legislation Amendment Act 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
Division 4--Application of amendment made by the Treasury Laws Amendment (2018 Measures No. 5) Act 2019
186 Application of repeal of subsection 51(3)
Division 5--Application of amendments made by the Treasury Laws Amendment (More Competition, Better Prices) Act 2022
187 Application of amendments