Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 56AS — Participating government entities of a State or Territory—declaration
(1) The Minister may, by notifiable instrument, declare that an entity is a participating entity, for a State or Territory, in one or more of the following specified capacities: (a) as a data holder…
Section 56BS — Emergency rules: public consultation not required etc.
(1) The Minister may make consumer data rules under subsection 56BA(1): (a) without complying with paragraph 56BP(b) or (c); but (b) after consulting the Commission and Information Commissioner; if…
Section 56ES — Notification of CDR data security breaches
Object (1) The object of this section is for Part IIIC of the Privacy Act 1988 to apply to an accredited data recipient, or designated gateway, that holds a CDR consumer’s CDR data in a corresponding…
Section 56FS — Delegation
(1) The Data Standards Chair may delegate, in writing, any or all of the Chair’s functions or powers to: (a) an SES employee, or an acting SES employee, in the Data Standards Body, in the Department…
Section 56AT — Participating government entities of a State or Territory—revocation
(1) The Minister may, by notifiable instrument, revoke a declaration made under subsection 56AS(1) that an entity is a participating entity for a State or Territory. (2) If a State or Territory…
Section 56BT — Emergency rules: consequences if made
If: (a) the Minister makes consumer data rules as described in subsection 56BS(1) (the emergency rules); and (b) the emergency rules are made without consulting either the Commission or the…
Section 56ET — Investigating breaches of the privacy safeguards etc.
Breaches to which this section applies (1) This section applies to a breach (a privacy safeguard breach) of any of the following: (a) one or more of the privacy safeguards; (b) the consumer data…
Section 56AU — Acts done by or in relation to agents etc. of CDR entities
Conduct of agents etc. of a CDR entity attributable to the CDR entity (1) For the purposes of this Part and the consumer data rules, each of the following provisions applies to a CDR entity who is…
Section 56BU — Charging a fee in inappropriate circumstances when required to disclose CDR data
(1) A person contravenes this subsection if: (a) the person is a CDR participant for CDR data; and (b) the person is required under the consumer data rules to disclose all or part of the CDR data;…
Section 56EU — Civil penalty provisions
The provisions of this Division that are civil penalty provisions (1) For the purposes of subparagraph 79(2)(a)(ii) of the Regulatory Powers Act, each of the following provisions of this Division…
Section 56BV — Commission may intervene if fee for disclosing or using chargeable CDR data is unreasonable etc.
Intervening for a class of CDR participants (1) The Commission may, by legislative instrument, determine: (a) the amount of a fee, or a method for working out the amount of a fee, that a specified…
Section 56EV — Civil penalty provisions—maximum amount of penalty
(1) Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty payable: (a) by a person; and (b) under a civil penalty order under Part 4 of that Act (as that Part applies because…
Section 56EW — Enforceable undertakings
Enforceable provisions (1) Each provision of the privacy safeguards is enforceable under Part 6 of the Regulatory Powers Act. Note: Part 6 of the Regulatory Powers Act creates a framework for…
Section 56EX — Injunctions
Enforceable provisions (1) Each provision of the privacy safeguards is enforceable under Part 7 of the Regulatory Powers Act. Note: Part 7 of the Regulatory Powers Act creates a framework for using…
Section 56EY — Actions for damages
Right to bring an action for damages (1) A person who suffers loss or damage (within the meaning of subsection 25(1) of the Privacy Act 1988) by an act or omission: (a) of another person; and (b)…
Section 56EZ — Delegation to the Commission etc.
(1) This section applies in relation to the following functions or powers (the safeguard enforcement functions or powers): (a) the Information Commissioner’s functions or powers under section 56ER;…
Section 57 — Guarantees relating to the supply of goods by sample or demonstration model
(1) If: (a) a person supplies, in trade or commerce, goods to a consumer by reference to a sample or demonstration model; and (b) the supply does not occur by way of sale by auction; there is a…
Section 57AA — Objects of Part
The objects of this Part are to: (a) promote competition between Australian repairers of passenger and light goods motor vehicles and establish a fair playing field by mandating access, on fair and…
Section 57BA — Meaning of scheme vehicle
A scheme vehicle is: (a) a light goods vehicle, within the meaning of a national road vehicle standard made under the Road Vehicle Standards Act 2018 that specifies definitions and vehicle categories…
Section 57CA — Scheme information—offer to supply to Australian repairers and scheme RTOs
Scope (1) This section applies if a data provider supplies, or offers to supply, scheme information of one or more kinds in relation to one or more kinds of scheme vehicles to one or more Australian…
Section 57DA — Safety and security information—packaging
A data provider must, in a scheme offer, separate safety and security information from other scheme information to the extent it is reasonably practicable to do so. Civil penalty: (a) for a body…
Section 57EA — Scope of Division
This Division applies to a dispute about the operation of this Part.
Section 57FA — Scheme adviser—establishment and appointment
(1) There is to be a motor vehicle service and repair information scheme adviser for the purposes of this Part. (2) The Minister may, by instrument, appoint a person to be the scheme adviser. (3) The…
Section 57GA — Civil penalty provisions
A provision of this Part that is of one of the following kinds and sets out at its foot a pecuniary penalty indicated by the words “civil penalty” is a civil penalty provision for the purposes of…
Section 57AB — Simplified outline
This Part sets up a scheme to improve access by Australian motor vehicle repairers and registered training organisations (called “scheme RTOs”) to information used to diagnose faults with, service,…
Section 57BB — Meaning of Australian repairer
A person is an Australian repairer to the extent that the person carries on or actively seeks to carry on, in Australia, a business that involves diagnosing faults with, servicing, repairing,…
Section 57CB — Scheme information—supply on request by Australian repairers or scheme RTOs
Scope (1) This section applies if: (a) a data provider makes, or is required to make, a scheme offer to supply scheme information in relation to a particular make, model and year of scheme vehicle;…
Section 57DB — Safety and security information—supply to Australian repairers and scheme RTOs
Supply of safety and security information—restrictions on supply (1) A data provider must not supply scheme information under this Part that is, or includes, safety and security information for a…
Section 57EB — Resolving disputes
A party to the dispute (the initiating party) may initiate action to resolve the dispute against another party (the responding party) in accordance with the procedure set out in this Division.
Section 57FB — Scheme adviser—functions
(1) The scheme adviser has the following functions: (a) to nominate mediators or technical experts for the purposes of Division 5 (dispute resolution); (b) to report to the Minister at any time or by…
Section 57GB — Infringement notices
(1) Division 2A of Part IVB applies in relation to an alleged contravention of a civil penalty provision mentioned in an item in the table in subsection (2) in the same way in which it applies in…
Section 57BC — Meaning of scheme RTO and RTO course
A scheme RTO is a registered training organisation that provides, or seeks to provide, a course (an RTO course) in Australia providing training in diagnosing faults with, servicing, repairing,…
Section 57CC — Scheme information—terms and conditions of supply and use
Terms and conditions of supply generally (1) Subject to this section, nothing in this Part prevents a data provider from supplying scheme information under this Part subject to reasonable terms and…
Section 57DC — Safety and security information—use or disclosure of sensitive information
Scope (1) This section applies in relation to sensitive information if: (a) the information is about an individual mentioned in paragraph 57DB(2)(a); and (b) the information is obtained by a data…
Section 57EC — Right to bring proceedings unaffected
This Division does not affect the right of the initiating party or the responding party to bring legal proceedings, under this Act or otherwise.
Section 57GC — Concurrent operation of State and Territory laws
It is the Parliament’s intention that a law of a State or Territory should be able to operate concurrently with this Part unless the law is directly inconsistent with this Part.
Section 57BD — Meaning of scheme information
Main definition (1) Scheme information is information in relation to scheme vehicles prepared by or for manufacturers of scheme vehicles (or their related bodies corporate) for use in diagnosing…
Section 57CD — Scheme information—interaction of supply obligations and other rights and obligations
Data provider must comply with supply obligations despite existence of other rights and obligations (1) A data provider must comply with an obligation under this Part in relation to scheme…
Section 57DD — Safety and security information—storage of, and access to, sensitive information
Scope (1) This section applies in relation to sensitive information if: (a) the information is about an individual mentioned in paragraph 57DB(2)(a); and (b) the information is obtained by a data…
Section 57ED — Attempt to resolve dispute before mediation
(1) If the initiating party wishes to initiate action to resolve the dispute in accordance with this Division, the initiating party must give written notice to the responding party of the following:…
Section 57GD — Acquisition of property
Scope (1) This section applies to any of the following provisions: (a) a provision of Division 3; (b) any other provision of this Act, to the extent to which the provision relates to Division 3.…
Section 57BE — Meaning of data provider
A data provider is: (a) a corporation carrying on a business that includes supplying, to any extent and whether directly or indirectly, scheme information to one or more Australian repairers or…
Section 57DE — Security information—records of access
Scope (1) This section applies if a data provider supplies security information about a scheme vehicle to an Australian repairer or a scheme RTO under this Part. Note: For restrictions on the supply…
Section 57EE — When is a party taken to have tried to resolve a dispute?
For the purposes of this Division, a party is taken to have tried to resolve a dispute if the party approaches the resolution of the dispute in a reconciliatory manner, including by doing any of the…
Section 57GE — Scheme rules
(1) The Minister may, by legislative instrument, make rules prescribing matters: (a) required or permitted by this Part to be prescribed by the rules; or (b) necessary or convenient to be prescribed…
Section 57BF — Meaning of safety and security information
(1) Safety and security information, for a scheme vehicle, is either or both of the following: (a) safety information; (b) security information. Note: Restrictions apply in relation to the supply of…
Section 57EF — Mediation
(1) Subject to this section, a mediator appointed by the parties to a dispute may decide the time and place for mediation. (2) The mediator may, with the agreement of the parties to the dispute,…
Section 57BG — Supply of scheme information between related bodies corporate
To avoid doubt, this Part applies in relation to a supply of scheme information about a scheme vehicle from a data provider to an Australian repairer even if the data provider and the Australian…
Section 57EG — Termination of mediation
(1) This section applies to the mediation of a dispute if the dispute has not been resolved within 30 days after the day the mediation starts. (2) The mediator may terminate the mediation at any time…
Section 57EH — Costs of mediation
(1) The parties are equally liable for the costs of mediation under this Division unless they agree otherwise. (2) The parties must pay their own costs of attending the mediation. (3) The costs of…