Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Application of this Schedule
This Schedule applies to the extent provided by: (a) Part XI of the Competition and Consumer Act; or (b) an application law.
Section 2 — Definitions
(1) In this Schedule: ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999. acceptable quality: see sections 54(2) to (7). ACN has the meaning given…
Section 2A — Application of Act to Commonwealth and Commonwealth authorities
(1) Subject to this section and sections 44AC, 44E and 95D, this Act binds the Crown in right of the Commonwealth in so far as the Crown in right of the Commonwealth carries on a business, either…
Section 2BA — Application of Parts IV and IVA to local government bodies
(1) Parts IV and IVA apply in relation to a local government body only to the extent that it carries on a business, either directly or by an incorporated company in which it has a controlling…
Section 2B — Application of Act to States and Territories
(1) The following provisions of this Act bind the Crown in right of each of the States, of the Northern Territory and of the Australian Capital Territory, so far as the Crown carries on a business,…
Section 2C — Activities that are not business
(1) For the purposes of sections 2A, 2B and 2BA, the following do not amount to carrying on a business: (a) imposing or collecting: (i) taxes; or (ii) levies; or (iii) fees for licences; (b)…
Section 3 — Meaning of consumer
Acquiring goods as a consumer (1) A person is taken to have acquired particular goods as a consumer if, and only if: (a) the amount paid or payable for the goods, as worked out under subsections (4)…
Section 4 — Interpretation
(1) In this Act, unless the contrary intention appears: accountable authority has the same meaning as in the Public Governance, Performance and Accountability Act 2013. Accreditation Registrar means:…
Section 4A — Subsidiary, holding and related bodies corporate
(1) For the purposes of this Act, a body corporate shall, subject to subsection (3), be deemed to be a subsidiary of another body corporate if: (a) that other body corporate: (i) controls the…
Section 4KA — Definitions etc. that do not apply in Part XI or Schedule 2
Despite any other provision of this Act, sections 4 to 4K do not affect the meaning of any expression used in Part XI or Schedule 2, unless a contrary intention appears.
Section 4B — Consumers
(1) For the purposes of this Act, unless the contrary intention appears, a person is taken to have acquired particular goods or services as a consumer if the person would be taken to have acquired…
Section 4C — Acquisition, supply and re-supply
In this Act, unless the contrary intention appears: (a) a reference to the acquisition of goods includes a reference to the acquisition of property in, or rights in relation to, goods in pursuance of…
Section 4E — Market
For the purposes of this Act, unless the contrary intention appears, market means a market in Australia and, when used in relation to any goods or services, includes a market for those goods or…
Section 4F — References to purpose or reason
(1) For the purposes of this Act: (a) a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding shall be deemed to have had, or to have, a…
Section 4G — Lessening of competition to include preventing or hindering competition
For the purposes of this Act, references to the lessening of competition shall be read as including references to preventing or hindering competition.
Section 4H — Application of Act in relation to leases and licences of land and buildings
In this Act: (a) a reference to a contract shall be construed as including a reference to a lease of, or a licence in respect of, land or a building or part of a building and shall be so construed…
Section 4J — Joint ventures
In this Act: (a) a reference to a joint venture is a reference to an activity in trade or commerce: (i) carried on jointly by two or more persons, whether or not in partnership; or (ii) carried on by…
Section 4K — Loss or damage to include injury
In this Act: (a) a reference to loss or damage, other than a reference to the amount of any loss or damage, includes a reference to injury; and (b) a reference to the amount of any loss or damage…
Section 4L — Severability
If the making of a contract after the commencement of this section contravenes this Act by reason of the inclusion of a particular provision in the contract, then, subject to any order made under…
Section 4M — Saving of law relating to restraint of trade and breaches of confidence
(1) This Act does not affect the operation of: (a) the law relating to restraint of trade in so far as that law is capable of operating concurrently with this Act; or (b) the law relating to breaches…
Section 4N — Extended application of Part IIIA
(1) Part IIIA, and the other provisions of this Act so far as they relate to Part IIIA, extend to services provided by means of facilities that are, or will be, wholly or partly within: (a) an…
Section 5 — Extended application of this Act to conduct outside Australia
(1) Each of the following provisions: (a) Part IV; (aa) Part IVBA; (ab) Part IVE; (b) Part XI; (ba) Part XICA; (c) the Australian Consumer Law (other than Part 5-3); (f) the remaining provisions of…
Section 6 — Extended application of this Act to persons who are not corporations
(1) Without prejudice to its effect apart from this section, this Act also has effect as provided by this section. (2) This Act, other than Parts IIIA, VIIA and X, has, by force of this subsection,…
Section 6A — Establishment of Commission
(1) The Australian Competition and Consumer Commission is established by this section. (1A) However, the Commission is taken, for the purposes of the finance law (within the meaning of the Public…
Section 6AA — Application of the Criminal Code
(1) Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) Despite subsection…
Section 7 — Meaning of manufacturer
(1) A manufacturer includes the following: (a) a person who grows, extracts, produces, processes or assembles goods; (b) a person who holds himself or herself out to the public as the manufacturer of…
Section 8 — Terms and conditions of appointment
(1) Subject to this Part, a member of the Commission holds office for such period, not exceeding 5 years, as is specified in the instrument of his or her appointment and on such terms and conditions…
Section 8A — Associate members
(1) The Minister may appoint persons to be associate members of the Commission. (1A) If there is at least one fully-participating jurisdiction, the Minister must not appoint a person as an associate…
Section 8AB — AER members taken to be associate members
(1) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, an AER member is taken to be an associate member of the Commission during the period for which he…
Section 9 — Meaning of safety defect in relation to goods
(1) For the purposes of this Schedule, goods have a safety defect if their safety is not such as persons generally are entitled to expect. (2) In determining the extent of the safety of goods, regard…
Section 10 — Deputy Chairpersons
(1) The Governor-General may appoint a person who is, or is to be, a member of the Commission to be a Deputy Chairperson of the Commission. (1A) If there is at least one fully-participating…
Section 11 — Acting Chairperson
(1) Where there is, or is expected to be, a vacancy in the office of Chairperson, the Governor-General may appoint a person to act as Chairperson until the filling of the vacancy. Note: For rules…
Section 12 — Application of Schedule in relation to leases and licences of land and buildings
In this Schedule: (a) a reference to a contract includes a reference to a lease of, or a licence in respect of, land or a building or part of a building (despite the express references in this…
Section 13 — Termination of appointment of members of the Commission
(1) The Governor-General may terminate the appointment of a member of the Commission for misbehaviour or physical or mental incapacity. (2) If a member of the Commission: (a) becomes bankrupt,…
Section 14 — Meaning of continuing credit contract
(1) If: (a) a person (the creditor), in the course of a business carried on by the creditor, agrees with a consumer to provide credit to the consumer in relation to: (i) payment for goods or…
Section 15 — Resignation
(1) A member of the Commission may resign his or her office by writing signed by him or her and delivered to the Governor-General. (2) An associate member of the Commission may resign his or her…
Section 16 — Severability
(1) If the making of a contract after the commencement of this section contravenes this Schedule because the contract includes a particular provision, nothing in this Schedule affects the validity or…
Section 17 — Disclosure of interests by Chairperson
(1) The Chairperson must give written notice to the Minister of all pecuniary interests that the Chairperson has or acquires in any business carried on in Australia or in any body corporate carrying…
Section 17A — Disclosure of certain interests by members of the Commission when taking part in determinations of matters
(1) If, as a result of rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), the Chairperson…
Section 18 — Meetings of Commission
(1) Subject to this section, the Chairperson shall convene such meetings of the Commission as he or she thinks necessary for the efficient performance of the functions of the Commission. (2) Meetings…
Section 19 — Application of this Part to information providers
(1) This Part does not apply to a publication of matter by an information provider if: (a) in any case—the information provider made the publication in the course of carrying on a business of…
Section 20 — Unconscionable conduct within the meaning of the unwritten law
(1) A person must not, in trade or commerce, engage in conduct that is unconscionable, within the meaning of the unwritten law from time to time. Note: A pecuniary penalty may be imposed for a…
Section 21 — Unconscionable conduct in connection with goods or services
(1) A person must not, in trade or commerce, in connection with: (a) the supply or possible supply of goods or services to a person; or (b) the acquisition or possible acquisition of goods or…
Section 22 — Matters the court may have regard to for the purposes of section 21
(1) Without limiting the matters to which the court may have regard for the purpose of determining whether a person (the supplier) has contravened section 21 in connection with the supply or possible…
Section 22A — Presumptions relating to whether representations are misleading
Section 4 applies for the purposes of sections 21 and 22 in the same way as it applies for the purposes of Division 1 of Part 3-1.
Section 23 — Unfair terms of consumer contracts and small business contracts
(1) A term of a consumer contract or small business contract is void if: (a) the term is unfair; and (b) the contract is a standard form contract. (2) The contract continues to bind the parties if it…
Section 24 — Meaning of unfair
(1) A term of a consumer contract or small business contract is unfair if: (a) it would cause a significant imbalance in the parties’ rights and obligations arising under the contract; and (b) it is…
Section 25 — Examples of unfair terms
Without limiting section 24, the following are examples of the kinds of terms of a consumer contract or small business contract that may be unfair: (a) a term that permits, or has the effect of…
Section 26 — Delegation by Commission of certain functions and powers
Delegation to staff members of ASIC (1) The Commission may, by resolution, delegate: (a) any of its functions and powers under or in relation to Parts VI and XI and the Australian Consumer Law; and…
Section 27 — Standard form contracts
(1) If a party to a proceeding alleges that a contract is a standard form contract, it is presumed to be a standard form contract unless another party to the proceeding proves otherwise. (2) In…