Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 52ZZR — Giving information and producing documents by electronic means
Paragraphs 9(1)(d) and (2)(d) and 11(1)(e) and (2)(e) of the Electronic Transactions Act 1999 do not apply to a requirement, or permission, under this Part to give information in writing or produce a…
Section 52S — Change to algorithm to bring about identified alteration to distribution of content with significant effect on referral traffic
(1) Subsection (2) applies if: (a) a change is planned to be made to an algorithm of the designated digital platform service; and (b) the dominant purpose of the change is to bring about an…
Section 52ZS — Obligation to participate in arbitration in good faith
Each bargaining party must participate in the arbitration in good faith.
Section 52ZZS — Review of operation of this Part
(1) Within the period of 12 months after the commencement of this Part, the Minister must cause a review of the operation of the Part to be commenced. (2) The review must be completed no later than…
Section 52ZT — Information request by bargaining party—general
(1) Each bargaining party may give the other bargaining party a request that the other bargaining party give it specified information if: (a) the information is covered by subsection (2); and (b) it…
Section 52ZU — Information request by bargaining party—challenges by other bargaining party
(1) The other bargaining party may apply to the panel, in writing, for a ruling that it is not reasonable for the bargaining party to make the request for the purposes of this Division, in relation…
Section 52V — Section 52S—dominant purpose
For the purposes of paragraph 52S(1)(b), treat a change as not having the dominant purpose mentioned in that paragraph if the change is any of the following: (a) a change to an algorithm made as part…
Section 52ZV — Information request by bargaining party—miscellaneous rules
(1) Nothing in section 52ZT requires the giving of information the disclosure of which would reveal a trade secret. (2) Nothing in section 52ZT requires or authorises the giving of information that…
Section 52W — Section 52S—significant effect
(1) For the purposes of paragraph 52S(1)(c), in determining whether the change is likely to have the significant effect mentioned in the paragraph, take into account the following matters: (a)…
Section 52ZW — Agreed early termination of arbitration
(1) This section applies if: (a) the bargaining parties agree that the arbitration should terminate; and (b) the panel did not make a determination in accordance with subsection 52ZX(1) before the…
Section 52X — Recognition of original covered news content
The responsible digital platform corporation for the designated digital platform service must ensure that: (a) a proposal is developed for the designated digital platform service to recognise…
Section 52ZX — Final offer arbitration
(1) The panel is to make a determination under this subsection about the terms for resolving the remuneration issue that: (a) is in accordance with subsections (7), (8) and (9) (final offer…
Section 52Y — Facilitating open communication—responsible digital platform corporation for designated digital platform service
The responsible digital platform corporation for a designated digital platform service must: (a) set up a point of contact in Australia for the purpose of this section no later than 28 days after the…
Section 52ZY — Final offer arbitration—termination of arbitration if no final offers
If both bargaining parties fail to submit to the panel a final offer for what the remuneration amount should be, the arbitration terminates on the day after the last day on which such a final offer…
Section 52Z — Facilitating open communication—registered news business corporation for registered news business
A registered news business corporation for a registered news business must: (a) set up a point of contact for the purpose of this section no later than the day on which the registered news business…
Section 52ZZ — Matters to consider in arbitration, etc.
(1) In making a determination under subsection 52ZX(1) (including in complying with subsections 52ZX(7), (8) and (9)), the panel must consider the following matters: (a) the benefit (whether monetary…
Section 53 — Guarantee as to undisclosed securities etc.
(1) If: (a) a person (the supplier) supplies goods to a consumer; and (b) the supply is not a supply of limited title; there is a guarantee that: (c) the goods are free from any security, charge or…
Section 53A — Simplified outline
The regulations may prescribe rules (known as gas market codes) regulating conduct relating to supplying or acquiring gas. Without limiting what may be included in a gas market code, a gas market…
Section 53ZA — Reporting, records and auditing
(1) A gas market instrument may include rules about: (a) reporting; or (b) generating or keeping records (including financial records); or (c) auditing; relating to a gas market matter. (2) A gas…
Section 53ZZA — Constitution—application of gas market provisions
(1) The gas market provisions (other than Subdivision E of Division 3 of this Part) apply in relation to gas market conduct if the conduct: (a) is engaged in by a constitutional corporation; or (b)…
Section 53B — Definitions
In this Part: agreement includes a contract. Note: For the meaning of contract, see subsection 4(1). Australia: see subsection 53E(2). constitutional corporation means a corporation to which…
Section 53ZB — Conferral of powers and functions
(1) A gas market instrument may confer on a person or body a power to do, or a function of doing, any of the following: (a) monitoring compliance with a gas market instrument; (b) conducting…
Section 53ZZB — Constitution—acquisition of property
The gas market provisions have no effect to the extent (if any) to which their operation would result in the acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution)…
Section 53C — Gas market conduct
(1) For the purposes of this Part, gas market conduct is: (a) conduct relating to supplying or acquiring a gas commodity, or to the potential supply or acquisition of a gas commodity; or (b) without…
Section 53ZC — Fees
(1) A gas market instrument may provide for the charging of a fee for anything done by or in relation to the Commonwealth, the Commission or any other person or body in relation to a gas market…
Section 53ZZC — Regulations referring to other instruments
(1) Regulations (other than a gas market code) made for the purposes of a provision of this Part may make provision in relation to a matter by applying, adopting or incorporating (with or without…
Section 53D — Gas market participants
(1) For the purposes of this Part, a gas market participant is any of the following: (a) a person who engages, or is capable of engaging, in gas market conduct; (b) a person who has previously been a…
Section 53ZD — Incidental or related matters
(1) A gas market instrument may include any of the following: (a) rules about the circumstances in which persons are, or may be, relieved from complying with requirements in a gas market instrument…
Section 53E — Extension to external Territories
(1) The gas market provisions extend to every external Territory. (2) A reference in the gas market provisions to Australia is taken to include a reference to the external Territories.
Section 53ZE — What gas market instruments may refer to
Gas market instruments may refer to other instruments (1) A gas market instrument may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) any…
Section 53F — Extraterritorial operation
The gas market provisions extend to acts, omissions, matters and things outside Australia.
Section 53ZF — Provisions do not limit other provisions
(1) A provision to which this section applies does not limit another provision to which this section applies. (2) This section applies to: (a) subsection 53N(1); and (b) subsection 53N(4); and (c)…
Section 53G — Geographical application of offences
Division 14 (Standard geographical jurisdiction) of the Criminal Code does not apply in relation to an offence against the gas market provisions. Note: The extended geographical application that…
Section 53ZG — Constitution—gas market instruments must not give preference to States etc.
(1) A gas market instrument must not give preference to one State or any part thereof within the meaning of section 99 of the Constitution. (2) A power or function conferred by a gas market…
Section 53H — Geographical application—supplies and acquisitions
(1) The gas market provisions apply in relation to supplying a gas commodity if the supply: (a) occurs in Australia; or (b) is: (i) to a person in Australia, including by means of importing the gas…
Section 53ZH — Fees must not amount to taxation
A fee charged under a gas market instrument must not be such as to amount to taxation.
Section 53ZI — Powers to make legislative instruments
(1) A gas market instrument must not confer a power to make a legislative instrument on a person or body other than: (a) a Minister; or (b) the Commission; or (c) a member of the staff of the…
Section 53J — Gas market provisions bind the Crown
(1) The gas market provisions bind the Crown in each of its capacities. (2) However, the gas market provisions do not make the Crown: (a) liable to a pecuniary penalty or to be prosecuted for an…
Section 53ZJ — Civil penalty provisions of gas market instruments
(1) A gas market instrument may: (a) set out at the foot of a provision of the gas market instrument a pecuniary penalty, or penalties, indicated by the words “Civil penalty”; or (b) provide that a…
Section 53K — Application to government entities
(1) The gas market provisions apply in relation to an entity covered by subsection (3) or (4): (a) if the entity is not a person—as if the entity were a person; and (b) with the modifications (if…
Section 53ZK — 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…
Section 53L — Regulations may prescribe gas market codes
(1) The regulations may prescribe matters required or permitted by this Act to be prescribed by a gas market code. Note: For the matters that may be included in a gas market code, see Subdivisions B…
Section 53ZL — Commission may give draft public warning notice
(1) The Commission may give a person a notice in writing if the Commission reasonably believes that: (a) any of the following conditions are satisfied: (i) the person has engaged in prohibited…
Section 53M — Minister may make gas market emergency price orders
(1) The Minister may, by legislative instrument, make an order prescribing matters required or permitted by this Act to be prescribed by a gas market emergency price order. Note: For the matters that…
Section 53ZM — Commission may issue public warning notice
(1) This section applies if: (a) the Commission gave a person a notice under section 53ZL in relation to prohibited conduct; and (b) at least 21 days have passed since the Commission gave the person…
Section 53N — Scope of gas market instruments
Gas commodities (1) A gas market instrument may limit the application of: (a) the instrument; or (b) a specified provision of the instrument; or (c) a specified rule included in the instrument; such…
Section 53ZN — Proceedings for defamation not to lie
(1) If the Commission issues a notice under section 53ZM, no action or proceeding for defamation lies against the Commonwealth, the Commission or a member of the staff of the Commission in relation…
Section 53ZO — Orders to redress loss or damage suffered by non-parties etc.
Orders (1) If: (a) a person engaged in conduct (the contravening conduct) that constituted a contravention or a related contravention of a civil penalty provision of a gas market instrument; and (b)…
Section 53P — General
A gas market code may include rules regulating gas market conduct. Note: The other provisions of this Subdivision and Subdivision D do not limit this section: see section 53ZF.
Section 53ZP — Kinds of orders that may be made to redress loss or damage suffered by non-parties etc.
Without limiting subsection 53ZO(1), the orders that a court may make under that subsection against a person (the respondent) include all or any of the following: (a) an order declaring the whole or…