Section 95AE — Competition and Consumer Act 2010: Minister may declare exceptional circumstances

(1) The Minister may, by legislative instrument, make a declaration under this section if the Minister is satisfied that: (a) either: (i) exceptional circumstances that are causing significant harm to the Australian economy or Australian consumers exist; or (ii) exceptional circumstances that would cause significant harm to the Australian economy or Australian consumers are likely to exist; and (b) it is in the public interest to empower the Commission to make determinations under either or both of the following: (i) section 92D; (ii) section 95AC. (2) A declaration under subsection (1) is in force for the period: (a) starting on the day specified in the declaration (which may be before the commencement of this section, but must not be before 1 April 2026); and (b) ending at the earlier of: (i) the start of the day specified in the declaration; and (ii) if the declaration is revoked—the end of the day the revocation takes effect. (3) A day specified for the purposes of subparagraph (2)(b)(i) must ensure that the period the declaration is in force: (a) is no longer than the period that the Minister considers necessary for the purposes of emergency management; and (b) is not longer than 6 months. Note 1: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. Note 2: The period may be extended under section 95AF.