Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 53Q — Dealing with other gas market participants
A gas market code may include any of the following rules in relation to a gas market participant dealing with another gas market participant, if the dealing is or relates to gas market conduct: (a)…
Section 53ZQ — Schemes for avoidance purposes
General prohibition (1) A person contravenes this subsection if: (a) the person, either alone or with others, engages in any of the following conduct: (i) enters into a scheme; (ii) begins to carry…
Section 53R — Negotiations, expressions of interest and offers
Negotiations (1) A gas market code may include rules about negotiations relating to supplying or acquiring a gas commodity. Expressions of interest (2) A gas market code may include rules about…
Section 53ZR — Whether it is reasonable to draw conclusion as to purpose
(1) Regard must be had to any matters prescribed by the regulations for the purposes of this subsection in determining, for the purposes of section 53ZQ, whether it would be reasonable to conclude…
Section 53S — Agreements
(1) A gas market code may include rules about agreements relating to supplying or acquiring a gas commodity, including: (a) rules requiring a gas market participant to enter, or not to enter, into an…
Section 53ZS — This Subdivision does not limit Division 2
This Subdivision does not limit a provision of Division 2.
Section 53T — Terms on which gas commodities are supplied or acquired, including price
(1) A gas market code may include rules about the terms on which a gas market participant offers to supply or acquire, agrees to supply or acquire or supplies or acquires a gas commodity, including…
Section 53ZT — Commission may require person to provide information
(1) This section applies if a person is required to keep, to generate or to publish information or a document under a gas market instrument. (2) The Commission may give the person a written notice…
Section 53U — Gas exchanges
A gas market code may include rules regulating the operation of a gas exchange.
Section 53ZU — Extending periods for complying with notices
(1) A person who has been given a notice under section 53ZT may, at any time within the period within which the person must comply with the notice (as extended under any previous application of…
Section 53V — Dispute and complaint resolution
(1) A gas market code may include rules about disputes between gas market participants relating to gas market conduct, including: (a) disputes or complaints arising under, or in relation to, a gas…
Section 53ZV — Compliance with notices
A person that is given a notice under section 53ZT must comply with it within: (a) the period specified in the notice; or (b) if the period for complying with the notice has been extended under…
Section 53W — Mediation and arbitration
(1) A gas market code may provide for the mediation of disputes between gas market participants relating to gas market conduct, including providing for any of the following matters: (a) a process for…
Section 53ZW — False or misleading information etc.
(1) A person must not, in compliance or purported compliance with a notice given under section 53ZT: (a) give to the Commission false or misleading information; or (b) produce to the Commission…
Section 53X — Terms on which gas commodities are supplied or acquired, including price
(1) A gas market emergency price order may include rules about the terms on which a gas market participant offers to supply or acquire, agrees to supply or acquire or supplies or acquires a gas…
Section 53ZX — This Division does not limit other provisions
This Division does not limit: (a) a provision of Division 2; or (b) section 155 (which is about the general information-gathering powers of the Commission).
Section 53Y — Gas exchanges
A gas market emergency price order may include rules regulating the operation of a gas exchange.
Section 53ZY — Certain provisions of this Act do not limit other provisions
(1) A provision to which subsection (3) applies does not limit the gas market provisions. (2) The gas market provisions do not limit a provision to which subsection (3) applies. (3) This subsection…
Section 53Z — Transparency
(1) A gas market instrument may include rules about a gas market participant, the Minister or the Commission publishing information that relates to a gas market matter, including rules about any of…
Section 53ZZ — Concurrent operation of State and Territory laws
(1) Subject to subsection (2), the gas market provisions are not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with the gas…
Section 54 — Guarantee as to acceptable quality
(1) If: (a) a person supplies, in trade or commerce, goods to a consumer; and (b) the supply does not occur by way of sale by auction; there is a guarantee that the goods are of acceptable quality.…
Section 55 — Guarantee as to fitness for any disclosed purpose etc.
(1) If: (a) a person (the supplier) supplies, in trade or commerce, goods to a consumer; and (b) the supply does not occur by way of sale by auction; there is a guarantee that the goods are…
Section 55A — Definitions
In this Part: excessive, in relation to a payment surcharge, has the meaning given by subsection 55B(2). infringement notice compliance period has the meaning given by subsection 55M(1). listed…
Section 55B — Payment surcharges must not be excessive
(1) A corporation must not, in trade or commerce, charge a payment surcharge that is excessive. (2) A payment surcharge is excessive if: (a) the surcharge is for a kind of payment covered by: (i) a…
Section 55C — Surcharge information notices
(1) The Commission may, by written notice given to a surcharge participant, require the participant to give to the Commission information or documents evidencing either or both of the following: (a)…
Section 55D — Extending periods for complying with notices
(1) A surcharge participant that has been given a notice under section 55C may, at any time within 21 days after the notice was given to the participant, apply in writing to the Commission for an…
Section 55E — Participant must comply with notice
(1) A surcharge participant commits an offence if: (a) the surcharge participant is given a surcharge information notice; and (b) the surcharge participant fails to comply with the notice within the…
Section 55F — Purpose and effect of this Division
(1) The purpose of this Division is to provide for the issue of an infringement notice to a person for an alleged contravention of section 55B as an alternative to proceedings for an order under…
Section 55G — Issuing an infringement notice
(1) If the Commission has reasonable grounds to believe that a person has contravened section 55B, the Commission may issue an infringement notice to the person. (2) The Commission must not issue…
Section 55H — Matters to be included in an infringement notice
(1) An infringement notice must: (a) be identified by a unique number; and (b) state the day on which it is issued; and (c) state the name and address of the person to whom it is issued; and (d)…
Section 55J — Amount of penalty
The penalty to be specified in an infringement notice that is to be issued to a person in relation to an alleged contravention of section 55B must be: (a) if the person is a listed corporation—600…
Section 55K — Effect of compliance with an infringement notice
(1) This section applies if: (a) an infringement notice for an alleged contravention of section 55B is issued to a person; and (b) the person pays the penalty specified in the infringement notice…
Section 55L — Effect of failure to comply with an infringement notice
If: (a) an infringement notice for an alleged contravention of section 55B is issued to a person; and (b) the person fails to pay the penalty specified in the infringement notice within the…
Section 55M — Infringement notice compliance period for infringement notice
(1) Subject to this section, the infringement notice compliance period for an infringement notice is the period of 28 days beginning on the day after the day that the infringement notice is issued by…
Section 55N — Withdrawal of an infringement notice
Representations to the Commission (1) A person to whom an infringement notice has been issued for an alleged contravention of section 55B may make written representations to the Commission seeking…
Section 56 — Guarantee relating to the supply of goods by description
(1) If: (a) a person supplies, in trade or commerce, goods by description to a consumer; and (b) the supply does not occur by way of sale by auction; there is a guarantee that the goods correspond…
Section 56AA — Object of this Part
The object of this Part is: (a) to enable consumers in certain sectors of the Australian economy to require information relating to themselves in those sectors to be disclosed safely, efficiently and…
Section 56ACA — Declared types of actions that can be initiated under the consumer data rules
The Minister may, by legislative instrument, declare: (a) one or more types of actions for which an instruction may be given under the consumer data rules; and (b) for each of those action types—the…
Section 56AEA — Commission must analyse an instrument proposing to designate a sector or declare actions
When the Commission is consulted under subparagraph 56AE(1)(c)(i), the Commission must analyse the matters in paragraphs 56AD(1)(a) to (d) in relation to the instrument.
Section 56AMA — Meanings of CDR action and CDR declaration
(1) A CDR action is an action of a type declared under section 56ACA. (2) A CDR declaration, for a type of CDR action, is the declaration under section 56ACA that declares actions of that type.
Section 56BA — Minister may make consumer data rules
(1) The Minister may, by legislative instrument, make rules (the consumer data rules) for designated sectors, or types of CDR actions, in accordance with this Division. Note: Subdivision C deals with…
Section 56BAA — Rules must include requirement to delete CDR data on request from CDR consumer
Requirement to delete CDR data in response to request from CDR consumer (1) The consumer data rules must include a requirement on an accredited data recipient of CDR data to delete all or part of the…
Section 56BGA — Rules about initiating CDR actions
Instructions may be given to initiate types of CDR actions (1) Without limiting paragraph 56BB(ca), the consumer data rules may include the following rules: (a) requirements on an accredited action…
Section 56BHA — Rules about approving persons to be voluntary action service providers for types of CDR actions
(1) Without limiting paragraph 56BB(da), the consumer data rules may include the following rules: (a) rules for the approval of persons who apply to be action service providers for one or more types…
Section 56BTA — Other matters
A failure to comply with section 56BP, 56BQ or 56BR does not invalidate consumer data rules made under subsection 56BA(1).
Section 56BZA — Accredited persons must act efficiently, honestly and fairly when initiating CDR actions etc.
A person contravenes this section if: (a) the person is an accredited person; and (b) the person’s accreditation authorises the person to initiate a type of CDR action; and (c) the person engages in…
Section 56CA — Granting accreditations
(1) The CDR Accreditor may, in writing, accredit a person if the CDR Accreditor is satisfied that the person meets the criteria for accreditation specified in the consumer data rules. (2) To avoid…
Section 56DA — Minister may recognise external dispute resolution schemes
Recognising an external dispute resolution scheme (1) The Minister may, by notifiable instrument, recognise an external dispute resolution scheme for the resolution of disputes: (a) relating to the…
Section 56EA — Simplified outline
This Division sets out privacy safeguards that protect the privacy or confidentiality of CDR consumers’ CDR data, whether the CDR consumers are individuals or bodies corporate. The privacy safeguards…
Section 56FA — Making data standards
(1) The Data Standards Chair may, by writing, make one or more data standards about each of the following matters: (a) the format and description of CDR data; (b) the disclosure of CDR data; (c) the…