Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Amendment of Acts
The specified provisions of the Acts listed in this Part are amended by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
Administrative Decisions (Judicial Review) Act 1977
2 Paragraphs 2(e) and (f) of Schedule 3
Agricultural and Veterinary Chemicals Code Act 1994
3 Section 100
4 Section 4
5 Subsection 147(2) (including the note) (wherever occurring)
6 Subsection 147(3)
7 Section 148
Note: The heading to section 148 is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
8 Subsection 158(2) (including the note) (wherever occurring)
9 Subsection 158(3)
10 Section 159
Note: The heading to section 159 is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
11 Subsection 171(1)
12 Subsection 171(2) (definition of goods )
13 Subsection 171(2) (definition of services )
14 Subsection 171(2) (definition of supply )
15 Sections 191 and 193
Note: The heading to section 193 is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
16 Section 241
17 Subsections 248(1) and (2)
Note: The heading to section 248 is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
18 Subsection 55(1)
Note: The heading to section 55 is altered by omitting " Trade Practices Act " and substituting " Competition and Consumer Act ".
19 Paragraph 55(2)(a)
20 Subsections 55(3), (4) and (5)
Anti - Money Laundering and Counter - Terrorism Financing Act 2006
21 Section 5 (paragraphs (e) and (f) of the definition of loan )
22 Subsection 6(2) (table items 10, 11, 12, and 13, column headed "Provision of a designated service")
23 Subsection 6(2) (paragraphs (b) and (c) of the cell at table item 51, column headed "Provision of a designated service")
Australian Communications and Media Authority Act 2005
24 Subparagraph 8(1)(j)(vi)
Australian Energy Market Act 2004
25 Section 3 (definition of Australian Energy Regulator )
26 Subsection 13A(1) (notes 2, 3 and 4)
Australian Maritime Safety Authority Act 1990
27 Subsection 47(2)
28 Paragraph 47(4)(a)
29 Subsection 47(5)
30 Paragraph 47(7)(a)
31 Subsection 47(10)
Australian Postal Corporation Act 1989
32 Subsection 32(5)
33 Paragraph 32B(1)(da)
34 Subsection 32B(2)
35 Section 32D
Note: The heading to section 32D is altered by omitting " Trade Practices Act " and substituting " Competition and Consumer Act ".
36 Subsection 33A(6A)
37 Section 90E (paragraph (a) of the definition of consumer protection law )
38 Section 16AA
Note: The heading to section 16AA is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
39 Section 16AU
Note: The heading to section 16AU is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
Broadcasting Services Act 1992
40 Section 77
Note: The heading to section 77 is altered by omitting " Trade Practices Act " and substituting " Competition and Consumer Act ".
41 Paragraphs 96(5)(a) and 97(2)(a)
42 Subsection 97(3)
43 Section 116B
Note: The heading to section 116B is altered by omitting " Trade Practices Act " and substituting " Competition and Consumer Act ".
44 Section 130
Note: The heading to section 130 is altered by omitting " Trade Practices Act " and substituting " Competition and Consumer Act ".
45 Subsection 130B(8) (definition of supply )
46 Subsection 130BA(8) (definition of supply )
47 Subsection 130BB(8) (definition of supply )
Note: This item does not commence at all if Schedule 1 to the Broadcasting Legislation Amendment (Digital Television) Act 2010 does not commence. (See table item 4 in subsection 2(1) of this Act.)
48 Subsection 130F(3) (definition of supply )
49 Paragraph 4AB(3)(a)
50 Subsection 269U(9)
51 Section 4 (definition of acquire )
52 Section 4 (definition of goods )
53 Section 4 (definition of services )
54 Section 4 (paragraph (a) of the definition of supply )
Environment Protection and Biodiversity Conservation Act 1999
55 Paragraph 524(3)(h)
Evidence and Procedure (New Zealand) Act 1994
56 Subparagraph 14(2)(a)(iv)
Federal Court of Australia Act 1976
57 Paragraph 23AB(4)(a)
58 Section 23CD (note)
59 Section 32B (paragraphs (a) and (b) of the definition of Australian proceeding )
60 Subsection 58DB(2A)
Financial Sector (Business Transfer and Group Restructure) Act 1999
61 Subsections 43(6), (9) and (9A)
Health Insurance Commission (Reform and Separation of Functions) Act 1997
62 Subsection 18(10) (definition of goods )
63 Subsection 18(10) (definition of services )
64 Subsection 18(10) (definition of supply )
65 Subsection 20(8) (definition of goods )
66 Subsection 20(8) (definition of services )
67 Subsection 20(8) (definition of supply )
68 Section 62ZN
Note: The heading to section 62ZN is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
69 Section 62ZZV
Note: The heading to section 62ZZV is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
Jurisdiction of Courts (Cross - vesting) Act 1987
70 Subsection 3(1) (paragraphs (a) and (aa) of special federal matter )
71 Subsection 3(4)
72 Paragraphs 4(4)(c) and (d)
73 Section 179A
Note: The heading to section 179A is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
Liquid Fuel Emergency Act 1984
74 Section 43 (including the note) (wherever occurring)
Note: The heading to section 43 is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
Medibank Private Sale Act 2006
75 Subparagraphs 20(11)(b)(i) and (12)(c)(i) of Schedule 2
Northern Territory National Emergency Response Act 2007
76 Subsection 122(2)
Occupational Health and Safety Act 1991
77 Subsections 18(4), 19(3) and 20(2)
Occupational Health and Safety (Maritime Industry) Act 1993
78 Section 18
Note: The heading to section 18 is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
79 Section 21
Note: The heading to section 21 is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
80 Section 26
Note: The heading to section 26 is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
Offshore Petroleum and Greenhouse Gas Storage Act 2006
81 Subsections 12(5), 13(4) and 14(3) of Schedule 3
82 Paragraphs 133(2)(b) and (5)(b) and 134(2)(b)
Payment Systems (Regulation) Act 1998
83 Subsection 18A(1)
Note: The heading to section 18A is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
Private Health Insurance Act 2007
84 Section 172 - 5 (note)
85 Section 244 - 20
86 Section 338 (paragraph (ed) of the definition of serious offence )
Protection of the Sea (Powers of Intervention) Act 1981
87 Subsection 3(1) (definition of goods )
88 Subsection 3(1) (definition of services )
89 Subsection 3(1) (definition of supply )
90 Paragraph 51(2)(d)
91 Section 68A
92 Subsections 71A(1) and 106A(1)
Note: The heading to section 106A is altered by omitting " Trade Practices Act " and substituting " Competition and Consumer Act ".
93 Section 114A
Note: The heading to section 114A is altered by omitting " Trade Practices Act " and substituting " Competition and Consumer Act ".
94 Section 118PF (note)
95 Sections 118PG and 312
Note: The heading to section 312 is altered by omitting " Trade Practices Act " and substituting " Competition and Consumer Act ".
Social Security (Administration) Act 1999
96 Section 123TC (definition of acquire )
97 Section 123TC (definition of goods )
98 Section 123TC (definition of service )
99 Section 123TC (definition of supply )
100 Section 4 (definition of acquire )
101 Section 4 (definition of goods )
102 Section 4 (definition of services )
103 Section 4 (paragraph (a) of the definition of supply )
Sydney Airport Demand Management Act 1997
104 Section 5A
Note: The heading to section 5A is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
105 Subsections 3(1) and (2)
106 Section 7 (definition of ACCC official )
107 Section 7 (paragraphs (c), (d) and (e) of the definition of ACCC's telecommunications functions and powers )
108 Section 7 (paragraph (d) of the definition of ACMA's telecommunications powers )
109 Subsection 61A(5) (definition of eligible service )
110 Subsection 61A(5) (definition of substantial degree of power )
111 Subsection 61A(5) (definition of telecommunications market )
112 Section 62 (including the note) (wherever occurring)
Note: The heading to section 62 is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
113 Subsection 69(7) (including the note) (wherever occurring)
114 Subsection 69B(8)
115 Subsection 70(4) (including the note) (wherever occurring)
116 Paragraph 70(5)(c)
117 Subsections 98(2), 102(6) and 103(3) (including the notes) (wherever occurring)
118 Subsection 103(4)
119 Subsection 350A(5) (including the note) (wherever occurring)
120 Subsection 367(7) (definition of engaging in conduct )
121 Subsection 384(1) (note)
122 Subsection 384(9) (definition of declared service )
123 Section 389
124 Subsection 458(6)
125 Section 483
Note: The heading to section 483 is altered by omitting " Trade Practices Act " and substituting " Competition and Consumer Act ".
126 Section 506
127 Paragraphs 564(3)(d) and (e)
128 Subsection 564(3) (notes 3 and 4)
129 Paragraphs 571(3)(d) and (e)
130 Subsection 571(3) (notes 3 and 4)
131 Subsection 589(6) (paragraph (b) of the definition of this Act )
132 Subclause 17(3) of Schedule 1
133 Clause 45 of Schedule 1 (definition of active declared service )
134 Clause 45 of Schedule 1 (definition of eligible service )
135 Subclause 47(3) of Schedule 1
136 Clause 50 of Schedule 1 (definition of eligible service )
137 Subclauses 50A(2) and (4) of Schedule 1
138 Subclause 27(6) of Schedule 3
Telecommunications (Consumer Protection and Service Standards) Act 1999
139 Subsection 158C(3)
Telecommunications (Interception and Access) Act 1979
140 Paragraphs 5D(5B)(a), (b), (c) and (d)
141 Section 6 (definition of Commission )
Trans - Tasman Proceedings Act 2010
142 Subparagraphs 36(2)(a)(iv) and 81(2)(a)(i) and (ii)
Note: This item does not commence at all if section 3 of the Trans - Tasman Proceedings Act 2010 does not commence. (See table item 6 in subsection 2(1) of this Act.)
143 Paragraphs 100A(b) and 100D(b)
Wheat Export Marketing Act 2008
144 Section 5 (definition of access undertaking )
145 Section 5 (definition of port terminal service )
146 Subparagraph 24(1)(d)(i)
147 Paragraph 24(2)(c)
148 Subparagraph 24(2)(d)(i)
149 Paragraph 24(3)(a)
Administrative Decisions (Judicial Review) Act 1977
150 After paragraph 2(f) of Schedule 3
Insert:
(fa) an Act of a State, the Australian Capital Territory or the Northern Territory that applies Schedule 2 to the Competition and Consumer Act 2010 as a law of the State or Territory;
Agricultural and Veterinary Chemicals Act 1994
151 Subsection 7(3)
Omit "section 65F of the Trade Practices Act 1974 ", substitute "section 122 of Schedule 2 to the Competition and Consumer Act 2010 , as that section applies as a law of the Commonwealth".
Agricultural and Veterinary Chemicals (Administration) Act 1992
152 Subsection 69H(3)
Omit "section 75AL of the Trade Practices Act 1974 ", substitute "section 148 of Schedule 2 to the Competition and Consumer Act 2010 , as that section applies as a law of the Commonwealth".
Agricultural and Veterinary Chemicals Code Act 1994
153 Section 106
Omit "Section 65R of the Trade Practices Act 1974 ", substitute "Section 128 of Schedule 2 to the Competition and Consumer Act 2010 , as that section applies as a law of the Commonwealth,".
Note: The heading to section 106 is altered by omitting " Trade Practices Act " and substituting " Competition and Consumer Act ".
154 Division 7 of Part 7 (heading)
Repeal the heading, substitute:
Division 7 -- Part supplements the Competition and Consumer Act 2010
155 Division 8 of Part 8 (heading)
Repeal the heading, substitute:
Division 8 -- Part supplements the Competition and Consumer Act 2010
156 Division 2 of Part 13 (heading)
Repeal the heading, substitute:
Division 2 -- Application of the access regime in Part IIIA of the Competition and Consumer Act 2010
Anti - Money Laundering and Counter - Terrorism Financing Act 2006
157 Section 5 (definition of credit card )
Omit "section 63A of the Trade Practices Act 1974 ", substitute "Schedule 2 to the Competition and Consumer Act 2010 ".
158 Section 5 (definition of debit card )
Omit "section 63A of the Trade Practices Act 1974 ", substitute "Schedule 2 to the Competition and Consumer Act 2010 ".
159 Subdivision G of Division 2AA of Part II (heading)
Repeal the heading, substitute:
Subdivision G -- Exceptions to Part IV of the Competition and Consumer Act 2010
Carriage of Goods by Sea Act 1991
160 Section 18
Omit "Division 2 of Part V of the Trade Practices Act 1974 ", substitute "Division 1 of Part 3 - 2 of Schedule 2 to the Competition and Consumer Act 2010 , as that Division applies as a law of the Commonwealth,".
Note: The heading to section 18 is altered by omitting " Trade Practices Act 1974 " and substituting " Competition and Consumer Act 2010 ".
Federal Court of Australia Act 1976
161 Section 33ZH
Repeal the section, substitute:
33ZH Special provision relating to claims under Part VI of the Competition and Consumer Act 2010 etc.
(1) For the purposes of the following provisions, a group member in a representative proceeding is to be taken to be a party to the proceeding:
(a) subsection 87(1) of the Competition and Consumer Act 2010 ;
(b) subsection 238(1) of Schedule 2 to that Act, as that subsection applies as a law of the Commonwealth.
(2) An application by a representative party in a representative proceeding under:
(a) subsection 87(1A) of the Competition and Consumer Act 2010 ; or
(b) subsection 237(1) of Schedule 2 to that Act, as that subsection applies as a law of the Commonwealth;
is to be taken to be an application by the representative party and all the group members.
Food Standards Australia New Zealand Act 1991
162 Paragraph 13(1)(j)
Omit "Division 1A of Part V of the Trade Practices Act 1974 ", substitute "Part 3 - 3 of Schedule 2 to the Competition and Consumer Act 2010 , as that Part applies as a law of the Commonwealth".
163 Paragraph 13(1)(j)
Omit "that Division", substitute "that Part".
164 Division 5 of Part VC (heading)
Repeal the heading, substitute:
Division 5 -- Exceptions to Part IV of the Competition and Consumer Act 2010
Jurisdiction of Courts (Cross - vesting) Act 1987
165 Paragraph 10(b)
Omit "Part IVA or Division 1 or 1A of Part V of the Trade Practices Act 1974 ", substitute "Part 2 - 2, 3 - 1, 3 - 3 or 3 - 4 of Schedule 2 to the Competition and Consumer Act 2010 , as that Part applies as a law of the Commonwealth".
Note: The heading to section 10 is altered by omitting " Division 1 or 1A of Part V of the Trade Practices Act " and substituting " the Australian Consumer Law ".
Motor Vehicle Standards Act 1989
166 Subsection 5(1)
Insert:
"Australian Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 as applied under Subdivision A of Division 2 of Part XI of that Act.
167 Section 41
Omit "For the purpose of sections 65C (other than subsection 65C(8)) and 65F of the Trade Practices Act 1974 ", substitute "For the purpose of sections 106 and 122 (other than subsection 106(7)) of the Australian Consumer Law".
Note: The heading to section 41 is altered by omitting " Trade Practices Act " and substituting " the Australian Consumer Law ".
168 Section 41
Omit "prescribed consumer product safety standard", substitute "safety standard (within the meaning of the Australian Consumer Law)".
National Transmission Network Sale Act 1998
169 Section 3 (definition of access seeker )
Omit " Trade Practices Act", substitute " Competition and Consumer Act".
170 Section 3
Insert:
" Competition and Consumer Act" means the Competition and Consumer Act 2010 .
171 Section 3 (paragraphs (a) and (b) of the definition of telecommunications access regime )
Omit " Trade Practices Act", substitute " Competition and Consumer Act".
172 Section 3 (definition of Trade Practices Act )
Repeal the definition.
173 Paragraphs 13(2)(a) and (c)
Omit " Trade Practices Act", substitute " Competition and Consumer Act".
174 Subsections 16(1), (2), (3) and (4) and 17(1), (2) and (3)
Omit " Trade Practices Act", substitute " Competition and Consumer Act".
175 Section 25
Omit " Trade Practices Act", substitute " Competition and Consumer Act".
Note: The heading to section 25 is altered by omitting " Trade Practices Act " and substituting " Competition and Consumer Act ".
Olympic Insignia Protection Act 1987
176 Subsection 2(1)
Insert:
"Australian Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 as applied under Subdivision A of Division 2 of Part XI of that Act.
177 Subsection 9A(1)
Omit " Trade Practices Act 1974 ", substitute "Australian Consumer Law".
Note: The heading to section 9A is altered by omitting " Trade Practices Act 1974 " and substituting " Australian Consumer Law ".
178 Subsection 9A(1)
Omit "section 52 of that Act", substitute "section 18 of the Australian Consumer Law".
179 Paragraph 9A(1)(a)
Omit "paragraph 53(c) of that Act", substitute "paragraph 29(1)(g) of the Australian Consumer Law".
180 Paragraph 9A(1)(b)
Omit "paragraph 53(d) of that Act", substitute "paragraph 29(1)(h) of the Australian Consumer Law".
181 Subsection 9A(2)
Omit " Trade Practices Act 1974 ", substitute "Australian Consumer Law".
182 Subsection 9A(2)
Omit "that Act", substitute "the Australian Consumer Law".
183 Subsection 48(2)
Omit " Trade Practices Act 1974 ", substitute "Australian Consumer Law".
184 Subsection 48(2)
Omit "section 52 of that Act", substitute "section 18 of the Australian Consumer Law".
185 Paragraph 48(2)(a)
Omit "paragraph 53(c) of that Act", substitute "paragraph 29(1)(g) of the Australian Consumer Law".
186 Paragraph 48(2)(b)
Omit "paragraph 53(d) of that Act", substitute "paragraph 29(1)(h) of the Australian Consumer Law".
187 Subsection 48(4)
Omit " Trade Practices Act 1974 ", substitute "Australian Consumer Law".
188 Subsection 48(4)
Omit "that Act", substitute "the Australian Consumer Law".
189 Subdivision D of Division 1 of Part 3.2 (heading)
Repeal the heading, substitute:
Subdivision D -- Rules about section 50 and related provisions of the Competition and Consumer Act
Wheat Export Marketing Act 2008
190 Section 5
Insert:
"Australian Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 as applied under Subdivision A of Division 2 of Part XI of that Act.
191 Subparagraphs 13(1)(c)(x) and 19(1)(c)(x)
Omit "or section 76 of the Trade Practices Act 1974 ", substitute ", section 76 of the Competition and Consumer Act 2010 or section 224 of the Australian Consumer Law".