Commonwealth Consolidated Acts Commonwealth Consolidated ActsThe amendments made by Part 2 of Schedule 1 to the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 apply in relation to offences committed on or after the commencement of that Schedule.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Schedule 1--The Schedule version of Part IV
Part 1--Schedule version of Part IV
Division 1--Cartel conduct
Subdivision A--Introduction
45AA Simplified outline
45AB Definitions
45AC Extended meaning of party
45AD Cartel provisions
45AE Meaning of expressions in other provisions of this Act
Subdivision B--Offences etc.
45AF Making a contract etc. containing a cartel provision
45AG Giving effect to a cartel provision
45AH Determining guilt
45AI Court may make related civil orders
45AIA Section 4AB of the Crimes Act does not apply
Subdivision C--Civil penalty provisions
45AJ Making a contract etc. containing a cartel provision
45AK Giving effect to a cartel provision
Subdivision D--Exceptions
45AL Conduct notified
45AM Cartel provision subject to grant of authorisation
45AN Contracts, arrangements or understandings between related bodies corporate
45AO Joint ventures--prosecution
45AP Joint ventures--civil penalty proceedings
45AQ Resale price maintenance
45AR Exclusive dealing
45AS Dual listed company arrangement
45AT Acquisition of shares or assets
45AU 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
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
Chapter 1--Introduction
1 Application of this Schedule
3 Meaning of consumer
4 Misleading representations with respect to future matters
5 When donations are treated as supplies or acquisitions
6 Related bodies corporate
7 Meaning of manufacturer
8 Goods affixed to land or premises
9 Meaning of safety defect in relation to goods
10 Asserting a right to payment
11 References to acquisition, supply and re - supply
12 Application of Schedule in relation to leases and licences of land and buildings
13 Loss or damage to include injury
14 Meaning of continuing credit contract
15 Contraventions of this Schedule
16 Severability
17 References to provisions in this Schedule
Chapter 2--General protections
Part 2 - 1--Misleading or deceptive conduct
18 Misleading or deceptive conduct
19 Application of this Part to information providers
Part 2 - 2--Unconscionable conduct
20 Unconscionable conduct within the meaning of the unwritten law
21 Unconscionable conduct in connection with goods or services
22 Matters the court may have regard to for the purposes of section 21
22A Presumptions relating to whether representations are misleading
Part 2 - 3--Unfair contract terms
23 Unfair terms of consumer contracts and small business contracts
24 Meaning of unfair
25 Examples of unfair terms
26 Terms that define main subject matter of consumer contracts or small business contracts etc. are unaffected
27 Standard form contracts
28 Contracts to which this Part does not apply
28A This Part does not apply to certain contracts connected with financial markets
Chapter 3--Specific protections
Part 3 - 1--Unfair practices
Division 1--False or misleading representations etc.
29 False or misleading representations about goods or services
30 False or misleading representations about sale etc. of land
31 Misleading conduct relating to employment
32 Offering rebates, gifts, prizes etc.
33 Misleading conduct as to the nature etc. of goods
34 Misleading conduct as to the nature etc. of services
35 Bait advertising
36 Wrongly accepting payment
37 Misleading representations about certain business activities
38 Application of provisions of this Division to information providers
Division 2--Unsolicited supplies
39 Unsolicited cards etc.
40 Assertion of right to payment for unsolicited goods or services
41 Liability etc. of recipient for unsolicited goods
42 Liability of recipient for unsolicited services
43 Assertion of right to payment for unauthorised entries or advertisements
Division 3--Pyramid schemes
44 Participation in pyramid schemes
45 Meaning of pyramid scheme
46 Marketing schemes as pyramid schemes
Division 4--Pricing
47 Multiple pricing
48 Single price to be specified in certain circumstances
Division 5--Other unfair practices
49 Referral selling
50 Harassment and coercion
Part 3 - 2--Consumer transactions
Division 1--Consumer guarantees
Subdivision A--Guarantees relating to the supply of goods
51 Guarantee as to title
52 Guarantee as to undisturbed possession
53 Guarantee as to undisclosed securities etc.
54 Guarantee as to acceptable quality
55 Guarantee as to fitness for any disclosed purpose etc.
56 Guarantee relating to the supply of goods by description
57 Guarantees relating to the supply of goods by sample or demonstration model
58 Guarantee as to repairs and spare parts
59 Guarantee as to express warranties
Subdivision B--Guarantees relating to the supply of services
60 Guarantee as to due care and skill
61 Guarantees as to fitness for a particular purpose etc.
62 Guarantee as to reasonable time for supply
63 Services to which this Subdivision does not apply
Subdivision C--Guarantees not to be excluded etc. by contract
64 Guarantees not to be excluded etc. by contract
64A Limitation of liability for failures to comply with guarantees
Subdivision D--Miscellaneous
65 Application of this Division to supplies of gas, electricity and telecommunications
66 Display notices
67 Conflict of laws
68 Convention on Contracts for the International Sale of Goods
Division 2--Unsolicited consumer agreements
Subdivision A--Introduction
69 Meaning of unsolicited consumer agreement
70 Presumption that agreements are unsolicited consumer agreements
71 Meaning of dealer
72 Meaning of negotiation
Subdivision B--Negotiating unsolicited consumer agreements
73 Permitted hours for negotiating an unsolicited consumer agreement
74 Disclosing purpose and identity
75 Ceasing to negotiate on request
76 Informing person of termination period etc.
77 Liability of suppliers for contraventions by dealers
Subdivision C--Requirements for unsolicited consumer agreements etc.
78 Requirement to give document to the consumer
79 Requirements for all unsolicited consumer agreements etc.
80 Additional requirements for unsolicited consumer agreements not negotiated by telephone
81 Requirements for amendments of unsolicited consumer agreements
Subdivision D--Terminating unsolicited consumer agreements
82 Terminating an unsolicited consumer agreement during the termination period
83 Effect of termination
84 Obligations of suppliers on termination
85 Obligations and rights of consumers on termination
86 Prohibition on supplies etc.
87 Repayment of payments received after termination
88 Prohibition on recovering amounts after termination
Subdivision E--Miscellaneous
89 Certain provisions of unsolicited consumer agreements void
90 Waiver of rights
91 Application of this Division to persons to whom rights of consumers and suppliers are assigned etc.
92 Application of this Division to supplies to third parties
93 Effect of contravening this Division
94 Regulations may limit the application of this Division
95 Application of this Division to certain conduct covered by the Corporations Act
Division 3--Lay - by agreements
96 Lay - by agreements must be in writing etc.
97 Termination of lay - by agreements by consumers
98 Termination of lay - by agreements by suppliers
99 Effect of termination
Division 3A--Gift cards
Subdivision A--Introduction
99A Meaning of gift card
Subdivision B--Requirements relating to gift cards
99B Gift cards to be redeemable for at least 3 years
99C When gift card ceases to be redeemable to appear prominently on gift card
99D Terms and conditions not to allow post - supply fees
99E Post - supply fees not to be demanded or received
99F Certain terms and conditions of gift card void
Subdivision C--Miscellaneous
99G Regulations may limit application of this Division
Division 4--Miscellaneous
100 Supplier must provide proof of transaction etc.
101 Consumer may request an itemised bill
102 Prescribed requirements for warranties against defects
103 Repairers must comply with prescribed requirements
Part 3 - 3--Safety of consumer goods and product related services
Division 1--Safety standards
104 Making safety standards for consumer goods and product related services
105 Declaring safety standards for consumer goods and product related services
106 Supplying etc. consumer goods that do not comply with safety standards
107 Supplying etc. product related services that do not comply with safety standards
108 Requirement to nominate a safety standard
Division 2--Bans on consumer goods and product related services
Subdivision A--Interim bans
109 Interim bans on consumer goods or product related services that will or may cause injury to any person etc.
110 Places in which interim bans apply
111 Ban period for interim bans
112 Interaction of multiple interim bans
113 Revocation of interim bans
Subdivision B--Permanent bans
114 Permanent bans on consumer goods or product related services
115 Places in which permanent bans apply
116 When permanent bans come into force
117 Revocation of permanent bans
Subdivision C--Compliance with interim bans and permanent bans
118 Supplying etc. consumer goods covered by a ban
119 Supplying etc. product related services covered by a ban
Subdivision D--Temporary exemption from mutual recognition principles
120 Temporary exemption under the Trans - Tasman Mutual Recognition Act 1997
121 Temporary exemption under the Mutual Recognition Act 1992
Division 3--Recall of consumer goods
Subdivision A--Compulsory recall of consumer goods
122 Compulsory recall of consumer goods
123 Contents of a recall notice
124 Obligations of a supplier in relation to a recall notice
125 Notification by persons who supply consumer goods outside Australia if there is compulsory recall
126 Interaction of multiple recall notices
127 Compliance with recall notices
Subdivision B--Voluntary recall of consumer goods
128 Notification requirements for a voluntary recall of consumer goods
Division 4--Safety warning notices
129 Safety warning notices about consumer goods and product related services
130 Announcement of the results of an investigation etc.
Division 5--Consumer goods, or product related services, associated with death or serious injury or illness
131 Suppliers to report consumer goods associated with the death or serious injury or illness of any person
132 Suppliers to report product related services associated with the death or serious injury or illness of any person
132A Confidentiality of notices given under this Division
Division 6--Miscellaneous
133 Liability under a contract of insurance
Part 3 - 4--Information standards
134 Making information standards for goods and services
135 Declaring information standards for goods and services
136 Supplying etc. goods that do not comply with information standards
137 Supplying etc. services that do not comply with information standards
137A Safe harbour for complying with information standards about free range eggs
Part 3 - 5--Liability of manufacturers for goods with safety defects
Division 1--Actions against manufacturers for goods with safety defects
138 Liability for loss or damage suffered by an injured individual
139 Liability for loss or damage suffered by a person other than an injured individual
140 Liability for loss or damage suffered by a person if other goods are destroyed or damaged
141 Liability for loss or damage suffered by a person if land, buildings or fixtures are destroyed or damaged
142 Defences to defective goods actions
Division 2--Defective goods actions
143 Time for commencing defective goods actions
144 Liability joint and several
145 Survival of actions
146 No defective goods action where workers' compensation law etc. applies
147 Unidentified manufacturer
148 Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard
149 Representative actions by the regulator
Division 3--Miscellaneous
150 Application of all or any provisions of this Part etc. not to be excluded or modified
Chapter 4--Offences
Part 4 - 1--Offences relating to unfair practices
Division 1--False or misleading representations etc.
151 False or misleading representations about goods or services
152 False or misleading representations about sale etc. of land
153 Misleading conduct relating to employment
154 Offering rebates, gifts, prizes etc.
155 Misleading conduct as to the nature etc. of goods
156 Misleading conduct as to the nature etc. of services
157 Bait advertising
158 Wrongly accepting payment
159 Misleading representations about certain business activities
160 Application of provisions of this Division to information providers
Division 2--Unsolicited supplies
161 Unsolicited cards etc.
162 Assertion of right to payment for unsolicited goods or services
163 Assertion of right to payment for unauthorised entries or advertisements
Division 3--Pyramid schemes
164 Participation in pyramid schemes
Division 4--Pricing
165 Multiple pricing
166 Single price to be specified in certain circumstances
Division 5--Other unfair practices
167 Referral selling
168 Harassment and coercion
Part 4 - 2--Offences relating to consumer transactions
Division 1--Consumer guarantees
169 Display notices
Division 2--Unsolicited consumer agreements
Subdivision A--Negotiating unsolicited consumer agreements
170 Permitted hours for negotiating an unsolicited consumer agreement
171 Disclosing purpose and identity
172 Ceasing to negotiate on request
173 Informing person of termination period etc.
Subdivision B--Requirements for unsolicited consumer agreements etc.
174 Requirement to give document to the consumer
175 Requirements for all unsolicited consumer agreements etc.
176 Additional requirements for unsolicited consumer agreements not negotiated by telephone
177 Requirements for amendments of unsolicited consumer agreements
Subdivision C--Terminating unsolicited consumer agreements
178 Obligations of suppliers on termination
179 Prohibition on supplies etc.
180 Repayment of payments received after termination
181 Prohibition on recovering amounts after termination
Subdivision D--Miscellaneous
182 Certain provisions of unsolicited consumer agreements void
183 Waiver of rights
184 Application of this Division to persons to whom rights of consumers and suppliers are assigned etc.
185 Application of this Division to supplies to third parties
186 Regulations may limit the application of this Division
187 Application of this Division to certain conduct covered by the Corporations Act
Division 3--Lay - by agreements
188 Lay - by agreements must be in writing etc.
189 Termination charges
190 Termination of lay - by agreements by suppliers
191 Refund of amounts
Division 3A--Gift cards
191A Gift cards to be redeemable for at least 3 years
191B When gift card ceases to be redeemable to appear prominently on gift card
191C Terms and conditions not to allow post - supply fees
191D Post - supply fees not to be demanded or received
191E Regulations may limit the application of this Division
Division 4--Miscellaneous
192 Prescribed requirements for warranties against defects
193 Repairers must comply with prescribed requirements
Part 4 - 3--Offences relating to safety of consumer goods and product related services
Division 1--Safety standards
194 Supplying etc. consumer goods that do not comply with safety standards
195 Supplying etc. product related services that do not comply with safety standards
196 Requirement to nominate a safety standard
Division 2--Bans on consumer goods and product related services
197 Supplying etc. consumer goods covered by a ban
198 Supplying etc. product related services covered by a ban
Division 3--Recall of consumer goods
199 Compliance with recall orders
200 Notification by persons who supply consumer goods outside Australia if there is compulsory recall
201 Notification requirements for a voluntary recall of consumer goods
Division 4--Consumer goods, or product related services, associated with death or serious injury or illness
202 Suppliers to report consumer goods etc. associated with the death or serious injury or illness of any person
Part 4 - 4--Offences relating to information standards
203 Supplying etc. goods that do not comply with information standards
204 Supplying etc. services that do not comply with information standards
Part 4 - 5--Offences relating to substantiation notices
205 Compliance with substantiation notices
206 False or misleading information etc.
Part 4 - 6--Defences
207 Reasonable mistake of fact
208 Act or default of another person etc.
209 Publication of advertisements in the ordinary course of business
210 Supplying goods acquired for the purpose of re - supply
211 Supplying services acquired for the purpose of re - supply
Part 4 - 7--Miscellaneous
212 Prosecutions to be commenced within 3 years
213 Preference must be given to compensation for victims
214 Penalties for contraventions of the same nature etc.
215 Penalties for previous contraventions of the same nature etc.
216 Granting of injunctions etc.
217 Criminal proceedings not to be brought for contraventions of Chapter 2 or 3
Chapter 5--Enforcement and remedies
Part 5 - 1--Enforcement
Division 1--Undertakings
218 Regulator may accept undertakings
Division 2--Substantiation notices
219 Regulator may require claims to be substantiated etc.
220 Extending periods for complying with substantiation notices
221 Compliance with substantiation notices
222 False or misleading information etc.
Division 3--Public warning notices
223 Regulator may issue a public warning notice
Part 5 - 2--Remedies
Division 1--Pecuniary penalties
224 Pecuniary penalties
225 Pecuniary penalties and offences
226 Defence
227 Preference must be given to compensation for victims
228 Civil action for recovery of pecuniary penalties
229 Indemnification of officers
230 Certain indemnities not authorised and certain documents void
Division 2--Injunctions
232 Injunctions
233 Consent injunctions
234 Interim injunctions
235 Variation and discharge of injunctions
Division 3--Damages
236 Actions for damages
Division 4--Compensation orders etc. for injured persons and orders for non - parties
237 Compensation orders etc. on application by an injured person or the regulator
238 Compensation orders etc. arising out of other proceedings
239 Orders to redress etc. loss or damage suffered by non - parties
240 Determining whether to make a redress order etc. for non - parties
241 When a non - party is bound by a redress order etc.
243 Kinds of orders that may be made
243A Orders made in favour of party to contract containing unfair term
243B Orders made on application of the regulator to prevent and remedy unfair contract terms
245 Interaction with other provisions
Division 5--Other remedies
246 Non - punitive orders
247 Adverse publicity orders
248 Order disqualifying a person from managing corporations
249 Privilege against exposure to penalty or forfeiture--disqualification from managing corporations
250 Declarations relating to consumer contracts and small business contracts
Division 6--Defences
251 Publication of advertisement in the ordinary course of business
252 Supplying consumer goods for the purpose of re - supply
253 Supplying product related services for the purpose of re - supply
Part 5 - 3--Country of origin representations
254 Overview
255 Country of origin representations do not contravene certain provisions
258 Proceedings relating to false, misleading or deceptive conduct or representations
Part 5 - 4--Remedies relating to guarantees
Division 1--Action against suppliers
Subdivision A--Action against suppliers of goods
259 Action against suppliers of goods
260 When a failure to comply with a guarantee is a major failure
261 How suppliers may remedy a failure to comply with a guarantee
262 When consumers are not entitled to reject goods
263 Consequences of rejecting goods
264 Replaced goods
265 Termination of contracts for the supply of services that are connected with rejected goods
266 Rights of gift recipients
Subdivision B--Action against suppliers of services
267 Action against suppliers of services
268 When a failure to comply with a guarantee is a major failure
269 Termination of contracts for the supply of services
270 Termination of contracts for the supply of goods that are connected with terminated services
Division 2--Action for damages against manufacturers of goods
271 Action for damages against manufacturers of goods
272 Damages that may be recovered by action against manufacturers of goods
273 Time limit for actions against manufacturers of goods
Division 3--Miscellaneous
274 Indemnification of suppliers by manufacturers
275 Limitation of liability etc.
276 This Part not to be excluded etc. by contract
276A Limitation in certain circumstances of liability of manufacturer to seller
277 Representative actions by the regulator
Part 5 - 5--Liability of suppliers and credit providers
Division 1--Linked credit contracts
278 Liability of suppliers and linked credit providers relating to linked credit contracts
279 Action by consumer to recover amount of loss or damage
280 Cases where a linked credit provider is not liable
281 Amount of liability of linked credit providers
282 Counter - claims and offsets
283 Enforcement of judgments etc.
284 Award of interest to consumers
285 Liability of suppliers to linked credit providers, and of linked credit providers to suppliers
286 Joint liability proceedings and recovery under section 135 of the National Credit Code
Division 2--Non - linked credit contracts
287 Liability of suppliers and credit providers relating to non - linked credit contracts
Chapter 6--Application and transitional provisions
Part 1--Application and transitional provisions relating to the Consumer Credit Legislation Amendment (Enhancements) Act 2012
288 Application of amendments relating to lay - by agreements
289 Application of amendment relating to repairs
290 Saving of regulations relating to repairs
Part 1A--Application provision relating to the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015
290A Application
Part 2--Application and transitional provisions relating to the Competition and Consumer Amendment (Competition Policy Review) Act 2017
291 Application of amendments relating to confidentiality of notices
292 Application of amendments relating to prohibition on supplies
Part 3--Application provision relating to the Treasury Laws Amendment (2018 Measures No. 3) Act 2018
295 Application of amendments
Part 4--Application provisions relating to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018
296 Application--listed public companies
297 Application--unsolicited supplies
298 Application--unsolicited consumer agreements
299 Application--single price
300 Application--non - punitive orders
301 Application--guarantees relating to the supply of services
Part 5--Application and transitional provisions relating to the Treasury Laws Amendment (Gift Cards) Act 2018
302 Application of amendments relating to gift cards
Part 6--Application and transitional provisions relating to the Treasury Laws Amendment (2020 Measures No. 6) Act 2020
303 Application of amendments relating to multiple non - major consumer guarantee failures
Part 7--Application provision relating to the Treasury Laws Amendment (More Competition, Better Prices) Act 2022
304 Application of amendments relating to penalties
305 Application of amendments relating to unfair contract terms
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history