Section 53ZK — Competition and Consumer Act 2010: Infringement notices

Object (1) The object of this section is for Division 5 of Part XI to apply to a provision to which this section applies in a corresponding way to the way that Division applies to a provision of Part 2-2 of the Australian Consumer Law. Note: That Division is about infringement notices issued for alleged contraventions of provisions of the Australian Consumer Law. (2) This section applies to the following provisions: (a) subsection 53ZQ(1); (b) subsection 53ZQ(2); (c) subsection 53ZQ(3); (d) section 53ZV; (e) subsection 53ZW(1); (f) a civil penalty provision of a gas market instrument, other than a provision that is a requirement for a gas market participant to deal with another gas market participant in good faith as mentioned in paragraph 53Q(b). Extended application of Division 5 of Part XI etc. (3) Division 5 of Part XI, and any other provision of this Act that relates to that Division, also apply in relation to a provision to which this section applies as if: (a) the substitutions in the following table were made; and (b) the following substitutions were made: (i) for a reference in item 1 of the table in section 134C to 60 penalty units, substitute a reference to 600 penalty units; (ii) for a reference in that item to 12 penalty units, substitute a reference to 60 penalty units. Substitutions to be made Item Column 1 For a reference in Division 5 of Part XI to … Column 2 substitute a reference to … 1 section 224 of the Australian Consumer Law section 76 of this Act.

2 Chapter 4 or Part 5-2 of the Australian Consumer Law Part VI of this Act. 3 a provision of Part 2-2 of the Australian Consumer Law a provision to which section 53ZK of this Act applies. (4) To avoid doubt, Division 2 of Part XI does not limit the application of section 53ZZA (about constitutional basis) to the extended application of Division 5 of Part XI as described in this section. Judicial power (5) Division 5 of Part XI, and any other provision of this Act that relates to that Division, have no effect to the extent to which they would otherwise: (a) apply in relation to a provision to which this section applies; and (b) purport to confer judicial power on the Commission.