Section 56GF — Competition and Consumer Act 2010: Application of the CDR provisions

(1) The CDR provisions apply to a person if: (a) the person is a corporation; or (b) the person is not a corporation, but the person: (i) acts; or (ii) omits to act; in a way that affects, is capable of affecting or is taken with intent to affect the activities, functions, relationships or business of a corporation. Note: For the meaning of corporation, see subsection 4(1). (2) The CDR provisions also apply to: (a) a person (whether or not a corporation) acting or omitting to act in the course of, or in relation to, the carrying on of: (i) a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or (ii) the business of banking, other than State banking (within the meaning of paragraph 51(xiii) of the Constitution) not extending beyond the limits of the State concerned; or (iii) the business of insurance, other than State insurance (within the meaning of paragraph 51(xiv) of the Constitution) not extending beyond the limits of the State concerned; or (b) a person (whether or not a corporation): (i) making a supply or communication; or (ii) conducting an activity or otherwise doing something; using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or (c) a person (whether or not a corporation) acting or omitting to act in the course of, or in relation to: (i) trade or commerce between Australia and places outside Australia; or (ii) trade or commerce among the States; or (iii) trade or commerce within a Territory, between a State or Territory or between 2 Territories; or (d) an individual who is being, has been or is at risk of being subjected to interference, or attacks, of the kind described in paragraph 1 of Article 17 of the ICCPR; or (e) a person (whether or not a corporation) who is undertaking, has undertaken or could undertake interference, or attacks, of the kind described in paragraph 1 of Article 17 of the ICCPR. (3) Paragraphs (2)(d) and (e) give effect to Australia’s obligations under the ICCPR. (4) Section 6 (about the application of this Act to persons who are not corporations) does not apply in relation to the CDR provisions. (5) In this section: ICCPR means the International Covenant on Civil and Political Rights, done at New York on 16 December 1966, as amended and in force for Australia from time to time. Note: The text of the International Covenant is set out in Australian Treaty Series 1980 No. 23 ([1980] ATS 23). In 2024, the text of a Covenant in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).