Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Regulations (other than a gas market code) made for the purposes of a provision of this Part may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) any matter contained in any other instrument or writing:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time.
Note: For a gas market code, see subsection 53ZE(1).
(2) Subsection (1) has effect despite subsection 14(2) of the Legislation Act 2003 .
Competition and C onsumer 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 IVC--Payment surcharges
Division 1--Preliminary
55 Object of this Part
55A Definitions
Division 2--Limit on payment surcharges
55B Payment surcharges must not be excessive
Division 3--Information about payment surcharges
55C Surcharge information notices
55D Extending periods for complying with notices
55E Participant must comply with notice
Division 4--Infringement notices
55F Purpose and effect of this Division
55G Issuing an infringement notice
55H Matters to be included in an infringement notice
55J Amount of penalty
55K Effect of compliance with an infringement notice
55L Effect of failure to comply with an infringement notice
55M Infringement notice compliance period for infringement notice
55N Withdrawal of an infringement notice
Part IVD--Consumer data right
Division 1--Preliminary
Subdivision A--Object and simplified outline
56AA Object of this Part
56AB Simplified outline
Subdivision B--Designating sectors, and declaring actions, to which the consumer data right applies
56AC Designated sectors subject to the consumer data right
56ACA Declared types of actions that can be initiated under the consumer data rules
56AD Minister's tasks before designating a sector or declaring actions etc.
56AE Secretary must arrange for analysis, consultation and report about an instrument proposing to designate a sector or declare actions
56AEA Commission must analyse an instrument proposing to designate a sector or declare actions
56AF Information Commissioner must analyse and report about an instrument proposing to designate a sector or declare actions
56AH Other matters
Subdivision C--Meanings of key terms
56AI Meanings of CDR data, directly or indirectly derived and CDR consumer
56AJ Meaning of data holder
56AK Meaning of accredited data recipient
56AL Meanings of CDR participant and designated gateway
56AM Meanings of chargeable CDR data , chargeable circumstances and fee - free CDR data
56AMA Meanings of CDR action and CDR declaration
56AMB Meanings of action service provider and voluntary action service provider
56AMC Meaning of accredited action initiator
56AMD Meaning of CDR action participant
Subdivision D--Extension to external Territories and extraterritorial operation
56AN Extension to external Territories
56AO Extraterritorial operation of the CDR provisions
56AP Geographical application of offences
Subdivision E--Application to government entities
56AQ CDR provisions bind the Crown
56AR Government entities may participate under this Part
56AS Participating government entities of a State or Territory--declaration
56AT Participating government entities of a State or Territory--revocation
Subdivision F--Application to acts done by or in relation to agents etc. of CDR entities
56AU Acts done by or in relation to agents etc. of CDR entities
Division 2--Consumer data right
Subdivision A--Power to make consumer data rules
56BA Minister may make consumer data rules
56BAA Rules must include requirement to delete CDR data on request from CDR consumer
56BB Matters that the consumer data rules may deal with
56BC Rules about disclosure, collection, use, accuracy, storage, security or deletion of CDR data for which there are CDR consumers
56BD Limitations for rules about CDR data for which there are CDR consumers
56BE Rules about disclosure, collection, use, accuracy, storage, security or deletion of product data
56BF Limitations for rules about product data
56BG Rules about designated gateways
56BGA Rules about initiating CDR actions
56BH Rules about accreditation for the purposes of this Part
56BHA Rules about approving persons to be voluntary action service providers for types of CDR actions
56BI Rules about reporting, record keeping and auditing
56BJ Rules about incidental or related matters
56BK Further limitations on the consumer data rules
Subdivision B--Compliance with consumer data rules
56BL Obligation to comply with consumer data rules
56BM Infringement notices
56BN Misleading or deceptive conduct--offence
56BO Misleading or deceptive conduct--civil penalty
Subdivision C--Process for making consumer data rules etc.
56BP Minister's tasks before making the rules
56BQ Secretary must arrange for consultation and report before the rules are made
56BR Commission and Information Commissioner must analyse the proposed rules
56BS Emergency rules: public consultation not required etc.
56BT Emergency rules: consequences if made
56BTA Other matters
Subdivision D--Fees for disclosing CDR data
56BU Charging a fee in inappropriate circumstances when required to disclose CDR data
56BV Commission may intervene if fee for disclosing or using chargeable CDR data is unreasonable etc.
Subdivision E--Effective initiation and non - discriminatory performance of CDR actions
56BZA Accredited persons must act efficiently, honestly and fairly when initiating CDR actions etc.
56BZB Accredited persons must only initiate CDR actions in accordance with CDR consumers' valid requests etc.
56BZC No discrimination against CDR action instructions--service provider fails to perform CDR actions when it ordinarily performs actions of that type
56BZD No discrimination against CDR action instructions--service provider's fees relating to CDR actions
56BZE Commission may intervene if fee for processing a valid instruction for a CDR action is unreasonable
Subdivision F--Review by the Tribunal of determinations about certain fees
56BZF Review by the Tribunal of determinations about fees of particular participants or providers
56BZG Functions and powers of Tribunal
56BZH Provisions that do not apply in relation to a Tribunal review
Subdivision G--Prohibitions on holding out
56BZI Prohibition on holding out that a person is something they are not--offence
56BZJ Prohibition on holding out that a person is something they are not--civil penalty
Division 3--Accreditation etc.
Subdivision A--Accreditation process
56CA Granting accreditations
56CB Review of decisions refusing to accredit
Subdivision B--Register of Accredited Persons
56CE Register of Accredited Persons
56CF Evidentiary value of the register
Subdivision C--CDR Accreditor
56CG Appointment of the CDR Accreditor
56CH Functions, powers and annual report
56CI Directions by Minister
56CJ Delegation
Subdivision D--Accreditation Registrar
56CK Appointment of the Accreditation Registrar
56CL Functions, powers and annual report
56CM Directions by Minister
56CN Delegation
Division 4--External dispute resolution
56DA Minister may recognise external dispute resolution schemes
Division 5--Privacy safeguards
Subdivision A--Preliminary
56EA Simplified outline
56EB Kinds of CDR data to which the privacy safeguards apply
56EC Relationship with other laws
Subdivision B--Consideration of CDR data privacy
56ED Privacy safeguard 1--open and transparent management of CDR data
56EE Privacy safeguard 2--anonymity and pseudonymity
Subdivision C--Collecting CDR data
56EF Privacy safeguard 3--soliciting CDR data from participants under the consumer data rules
56EG Privacy safeguard 4--dealing with unsolicited CDR data from participants in CDR
56EH Privacy safeguard 5--notifying of the collection of CDR data
Subdivision D--Dealing with CDR data
56EI Privacy safeguard 6--use or disclosure of CDR data by accredited data recipients or designated gateways
56EJ Privacy safeguard 7--use or disclosure of CDR data for direct marketing by accredited data recipients or designated gateways
56EK Privacy safeguard 8--overseas disclosure of CDR data by accredited data recipients
56EL Privacy safeguard 9--adoption or disclosure of government related identifiers by accredited data recipients
56EM Privacy safeguard 10--notifying of the disclosure of CDR data
Subdivision E--Integrity of CDR data
56EN Privacy safeguard 11--quality of CDR data
56EO Privacy safeguard 12--security of CDR data, and destruction or de - identification of redundant CDR data
Subdivision F--Correction of CDR data
56EP Privacy safeguard 13--correction of CDR data
Subdivision G--Compliance with the privacy safeguards
56EQ Information Commissioner to promote compliance etc.
56ER Information Commissioner may conduct an assessment relating to the management and handling of CDR data
56ES Notification of CDR data security breaches
56ET Investigating breaches of the privacy safeguards etc.
56EU Civil penalty provisions
56EV Civil penalty provisions--maximum amount of penalty
56EW Enforceable undertakings
56EX Injunctions
56EY Actions for damages
56EZ Delegation to the Commission etc.
Division 6--Data standards etc.
Subdivision A--Data standards
56FA Making data standards
56FB What data standards can set out etc.
56FC Data standards must be published
56FD Legal effect of data standards
56FE Enforcement of binding data standards
Subdivision B--Data Standards Chair
56FF Data Standards Chair
56FG Appointment of the Data Standards Chair
56FH Functions and powers of the Data Standards Chair
56FI Directions by Minister
Subdivision C--Data Standards Body
56FJ Appointment of the Data Standards Body
56FK Function and powers of the Data Standards Body
Subdivision D--Administrative provisions
56FL Acting appointments
56FM Terms and conditions
56FN Remuneration
56FO Leave
56FP Application of the finance law etc.
56FQ Resignation
56FR Termination of appointment
56FS Delegation
Division 7--Other matters
56GA CDR functions of the Information Commissioner
56GAA Delegation by the Minister or the Secretary
56GAB Concurrent operation of other laws
56GB Referring to instruments as in force from time to time
56GC Complying with CDR requirements etc.: protection from liability
56GD Exemptions by the Commission
56GE Exemptions and modifications by regulations
56GF Application of the CDR provisions
56GG Compensation for acquisition of property
56GH Review of the operation of this Part
Part IVE--Motor vehicle service and repair information sharing scheme
Division 1--Objects of Part and simplified outline
57AA Objects of Part
57AB Simplified outline
Division 2--Key concepts
57BA Meaning of scheme vehicle
57BB Meaning of Australian repairer
57BC Meaning of scheme RTO and RTO course
57BD Meaning of scheme information
57BE Meaning of data provider
57BF Meaning of safety and security information
57BG Supply of scheme information between related bodies corporate
Division 3--Supply of scheme information
57CA Scheme information--offer to supply to Australian repairers and scheme RTOs
57CB Scheme information--supply on request by Australian repairers or scheme RTOs
57CC Scheme information--terms and conditions of supply and use
57CD Scheme information--interaction of supply obligations and other rights and obligations
Division 4--Information management
57DA Safety and security information--packaging
57DB Safety and security information--supply to Australian repairers and scheme RTOs
57DC Safety and security information--use or disclosure of sensitive information
57DD Safety and security information--storage of, and access to, sensitive information
57DE Security information--records of access
Division 5--Dispute resolution
57EA Scope of Division
57EB Resolving disputes
57EC Right to bring proceedings unaffected
57ED Attempt to resolve dispute before mediation
57EE When is a party taken to have tried to resolve a dispute?
57EF Mediation
57EG Termination of mediation
57EH Costs of mediation
Division 6--Motor vehicle service and repair information scheme adviser
57FA Scheme adviser--establishment and appointment
57FB Scheme adviser--functions
Division 7--Miscellaneous
57GA Civil penalty provisions
57GB Infringement notices
57GC Concurrent operation of State and Territory laws
57GE Scheme rules
Part V--Carbon tax price reduction obligation
Division 1--Preliminary
60 Simplified outline of this Part
60AA Objects etc.
60A Definitions
60B Regulated goods
Division 2--Carbon tax price reduction obligation
60C Price exploitation in relation to the carbon tax repeal
60CA Failure to pass on cost savings--250% penalty
60D Notice to entity that is considered to have engaged in price exploitation in relation to the carbon tax repeal
60E Commission may issue notice to aid prevention of price exploitation in relation to the carbon tax repeal
Division 2A--Carbon tax removal substantiation notices
60FA Carbon tax removal substantiation notices
60FB Extending periods for complying with carbon tax removal substantiation notices
60FC Compliance with carbon tax removal substantiation notices
Division 2B--Carbon tax removal substantiation statements
60FD Carbon tax removal substantiation statements
Division 2C--Statements for customers
60FE Statements for customers
Division 3--Price monitoring in relation to the carbon tax repeal etc.
60G Commission may monitor prices in relation to the carbon tax repeal etc.
60H Information - gathering powers
60J Reporting
Division 4--False or misleading representations about the effect of the carbon tax repeal etc. on prices
60K False or misleading representations about the effect of the carbon tax repeal etc. on prices
Division 5--Infringement notices
60L Issuing an infringement notice
60M Effect of compliance with an infringement notice
60N Effect of failure to comply with an infringement notice
60P Infringement notice compliance period for infringement notice
60Q Withdrawal of an infringement notice
60R Effect of this Division
Part VI--Enforcement and remedies
75B Interpretation
76 Pecuniary penalties
76A Defence to proceedings under section 76 relating to a contravention of section 92
76B Consequences in some cases if substantially the same conduct contravenes a provision of this Act and is an offence
77 Civil action for recovery of pecuniary penalties
77A Indemnification of officers
77B Certain indemnities not authorised and certain documents void
77C Application of section 77A to a person other than a body corporate
78 Criminal proceedings not to be brought for contraventions of Part IV
79 Offences against section 45AF or 45AG
79A Enforcement and recovery of certain fines
79B Preference must be given to compensation for victims
80 Injunctions
80A Price exploitation in relation to the carbon tax repeal--orders limiting prices or requiring refunds of money
80AB Stay of injunctions
80AC Injunctions to prevent mergers if authorisation granted on the basis of false or misleading information
81 Divestiture where merger contravenes section 50 or 50A
81A Divestiture where merger done under authorisation granted on false etc. information
82 Actions for damages
83 Findings and admissions of fact in proceedings to be evidence
84 Conduct by directors, employees or agents
85 Defences
86 Jurisdiction of courts
86AA Limit on jurisdiction of Federal Circuit and Family Court of Australia (Division 2)
86A Transfer of matters
86C Non - punitive orders
86D Punitive orders--adverse publicity
86E Order disqualifying a person from managing corporations
86F Privilege against exposure to penalty--disqualification from managing corporations
87 Other orders
87AA Special provision relating to Court's exercise of powers under this Part in relation to boycott conduct
87B Enforcement of undertakings
87C Enforcement of undertakings--Secretary of the Department
87CA Intervention by Commission
Part VIA--Proportionate liability for misleading and deceptive conduct
87CB Application of Part
87CC Certain concurrent wrongdoers not to have benefit of apportionment
87CD Proportionate liability for apportionable claims
87CE Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware
87CF Contribution not recoverable from defendant
87CG Subsequent actions
87CH Joining non - party concurrent wrongdoer in the action
87CI Application of Part
Part VIB--Claims for damages or compensation for death or personal injury
Division 1--Introduction
87D Definitions
87E Proceedings to which this Part applies
Division 2--Limitation periods
87F Basic rule
87H Long - stop period
87J The effect of minority or incapacity
87K The effect of close relationships
Division 3--Limits on personal injury damages for non - economic loss
87L Limits on damages for non - economic loss
87M Maximum amount of damages for non - economic loss
87N Index numbers
87Q Cases of 33% or more (but not 100%) of a most extreme case
87R Cases of 15% or more (but less than 33%) of a most extreme case
87S Cases of less than 15% of a most extreme case
87T Referring to earlier decisions on non - economic loss
Division 4--Limits on personal injury damages for loss of earning capacity
87U Personal injury damages for loss of earning capacity
Division 5--Limits on personal injury damages for gratuitous attendant care services
87W Personal injury damages for gratuitous attendant care services for plaintiff
87X Personal injury damages for loss of plaintiff's capacity to provide gratuitous attendant care services
Division 6--Other limits on personal injury damages
87Y Damages for future economic loss--discount rate
87Z Damages for loss of superannuation entitlements
87ZA Interest on damages
87ZB Exemplary and aggravated damages
Division 7--Structured settlements
87ZC Court may make orders under section 87 for structured settlements
Part VII--Authorisations and notifications
Division 1--Authorisations
87ZP Definitions
88 Commission may grant authorisations
89 Procedure for applications and the keeping of a register
90 Determination of applications for authorisations
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 an authorisation
91C Revocation of an authorisation and substitution of a replacement
92 Providing false or misleading information
Division 2--Notifications
Subdivision A--Exclusive dealing and resale price maintenance
93 Notification of exclusive dealing or resale price maintenance
93AAA Imposing conditions relating to notifications
Subdivision B--Collective bargaining
93AA Definitions
93AB Notification of collective bargaining
93AC Commission's objection notice
93ACA Imposing conditions relating to collective boycott conduct
93AD When collective bargaining notice comes into force and ceases to be in force
93AE Withdrawal of collective bargaining notice
93AEA Only 1 collective bargaining notice under subsection 93AB(1A) may be given
93AF Only 1 collective bargaining notice under subsection 93AB(1) may be given
93AG Stop notice for collective boycott conduct
Subdivision C--Conferences
93A Commission to afford opportunity for conference before giving notice
Subdivision D--Register of notifications
95 Register of notifications
Division 3--Class exemptions
95AA Commission may determine class exemptions
95AB Commission may withdraw the benefit of class exemption in particular case
Part VIIA--Prices surveillance
Division 1--Preliminary
95A Interpretation
95B Exempt supplies
95C Application of Part
95D Crown to be bound
95E Object of this Part
95F Simplified overview of this Part
Division 2--Commission's functions under this Part
95G Commission's functions under this Part
Division 3--Price inquiries
Subdivision A--Holding of inquiries
95H Price inquiries
95J Content of inquiry notices
95K Period for completing inquiry
95L Notice of holding of inquiry
95M Notice of extension of period for completing inquiry
95N Price restrictions
Subdivision B--Reports on inquiries
95P Copies of report to be made available
95Q Notification of proposed prices after receipt of report
Subdivision C--Procedure at inquiries
95R Public inquiries etc.
95S Taking of evidence on oath or affirmation
95T Failure of witness to attend
95U Refusal to be sworn or to answer question
95V Protection of witnesses
95W Allowances to witnesses
Division 4--Price notifications
95X Declarations by Minister or Commission
95Y Declarations in relation to State or Territory authorities
95Z Price restrictions
95ZA Later notices modifying a locality notice
95ZB Applicable period in relation to a locality notice
95ZC Register of price notifications
95ZD Delegation by Commission
Division 5--Price monitoring
95ZE Directions to monitor prices, costs and profits of an industry
95ZF Directions to monitor prices, costs and profits of a business
95ZG Exceptions to price monitoring
Division 6--Other provisions
95ZH Ministerial directions
95ZI Inquiries by an unincorporated body or a group of 2 or more individuals
95ZJ Withdrawal of notices
95ZK Power to obtain information or documents
95ZL Inspection of documents etc.
95ZM Retention of documents
95ZN Confidential information
95ZO Immunity
95ZP Secrecy: members or staff members of the Commission etc.
95ZPA Disclosure of protected information to the Energy Department
95ZQ Secrecy: persons involved in inquiries by bodies other than the Commission
Part VIII--Resale price maintenance
96 Acts constituting engaging in resale price maintenance
96A Resale price maintenance in relation to services
97 Recommended prices
98 Withholding the supply of goods
99 Statements as to the minimum price of goods
100 Evidentiary provisions
Part IX--Review by Tribunal of Determinations of Commission
Division 1--Applications for review
101 Applications for review
101A Application for review of notices under Division 2 of Part VII
101B Application for review of notice under section 95AB
102 Functions and powers of Tribunal
Division 2--Procedure and Evidence
103 Procedure generally
104 Regulations as to certain matters
105 Power to take evidence on oath
106 Hearings to be in public except in special circumstances
107 Evidence in form of written statement
108 Taking of evidence by single member
109 Participants in proceedings before Tribunal
110 Representation