Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 58EF — Arrangements for regulating the Scams Prevention Framework
(1) The SPF general regulator, and each SPF sector regulator, must enter into an arrangement relating to the regulation and enforcement of the SPF provisions. (2) The SPF general regulator may choose…
Section 58FF — Investigating compliance with an SPF code—default
No alternative investigation powers apply (1) This section applies for the SPF code for a regulated sector unless: (a) the ACMA, ASIC or the Commission is the SPF sector regulator for the sector; or…
Section 58FZF — Proportionate liability for claims involving concurrent wrongdoers
(1) In any proceedings involving a claim under subsection 58FZC(1) to recover an amount of loss or damage: (a) the liability of a defendant who is a concurrent wrongdoer in relation to the claim is…
Section 58GF — Report of the operation of the SPF provisions
(1) The Minister must cause a review to be conducted of the operation of the SPF provisions. (2) The review must be conducted as soon as practicable after the end of the 3-year period starting on the…
Section 58AG — Meaning of scam
(1) A scam is a direct or indirect attempt (whether or not successful) to engage an SPF consumer of a regulated service where it would be reasonable to conclude that the attempt: (a) involves…
Section 58BG — Reporting about compliance with this Subdivision—civil penalty provision
(1) A regulated entity for a regulated sector contravenes this subsection if: (a) the SPF general regulator, or the SPF sector regulator for the sector, gives the entity a written request for a copy…
Section 58BZG — SPF external dispute resolution schemes—civil penalty provisions
Regulated entity must not provide a regulated service if the entity is not a member of an SPF EDR scheme (1) A regulated entity for a regulated sector contravenes this subsection if the entity: (a)…
Section 58EG — SPF regulators may disclose information to each other
(1) An SPF regulator may disclose to another SPF regulator: (a) particular information or documents; or (b) information or documents of a particular kind; held by the first-mentioned SPF regulator…
Section 58FG — Monitoring or investigating—the ACMA
(1) This section applies if the ACMA is the SPF sector regulator for a regulated sector. (2) Part 26 of the Telecommunications Act 1997 also applies: (a) to the ACMA in the ACMA’s capacity as the SPF…
Section 58FZG — Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware
(1) If: (a) a defendant in proceedings involving a claim under subsection 58FZC(1) has reasonable grounds to believe that a particular person (the other person) may be a concurrent wrongdoer in…
Section 58AH — Meaning of SPF consumer
(1) An SPF consumer, of a regulated service, is any of the following: (a) a natural person, or a small business operator, who is or may be provided or purportedly provided the service in Australia;…
Section 58BH — Sector-specific details can be set out in SPF codes
For the purposes of (but without limiting) subsection 58CC(1), the SPF code for a regulated sector may include sector-specific provisions describing: (a) the matters that a regulated entity for the…
Section 58BZH — Sector-specific details can be set out in SPF codes
For the purposes of (but without limiting) subsection 58CC(1), the SPF code for a regulated sector may include sector-specific provisions setting out: (a) conditions that must be met for a reporting…
Section 58EH — Regard must be had to the object of this Part when considering whether to make such a disclosure
An SPF regulator must have regard to the object of this Part when deciding whether to make a disclosure under this Subdivision. Note: Arrangements made under section 58EF between SPF regulators could…
Section 58FH — Monitoring or investigating—ASIC
(1) This section applies if ASIC is the SPF sector regulator for a regulated sector. (2) ASIC’s alternative power provisions also apply: (a) to ASIC in ASIC’s capacity as the SPF sector regulator;…
Section 58FZH — Contribution not recoverable from defendant
A defendant against whom judgment is given under this Subdivision as a concurrent wrongdoer in relation to a claim under subsection 58FZC(1): (a) cannot be required to contribute to any damages or…
Section 58AI — Meaning of actionable scam intelligence
A regulated entity identifies or has actionable scam intelligence if (and when) there are reasonable grounds for the entity to suspect that a communication, transaction or other activity relating to,…
Section 58BI — Simplified outline of this Subdivision
Each regulated entity for a regulated sector must take reasonable steps to prevent scams. The SPF code for the sector may include sector-specific provisions for this principle.
Section 58EI — Notice need not be given of a collection, use or disclosure of information or documents under this Part
An SPF regulator need not notify any person that the SPF regulator: (a) has collected SPF personal information under this Part; or (b) plans to make a disclosure of information or documents under…
Section 58FI — Monitoring or investigating—Minister may declare that alternative powers apply for other SPF sector regulators
(1) This section applies if provisions of another law (the alternative power provisions): (a) provide an entity with powers to: (i) monitor compliance or purported compliance with provisions of a law…
Section 58FZI — Subsequent actions
(1) For a claim under subsection 58FZC(1), nothing in this Subdivision or any other law prevents a plaintiff (or a victim) who has previously recovered judgment against a concurrent wrongdoer for an…
Section 58AJ — Extension to external Territories and outside of Australia
(1) Each of the following provisions (the SPF provisions) extends to every external Territory: (a) a provision of this Part; (b) a provision of a legislative instrument made under this Part; (c)…
Section 58BJ — Taking reasonable steps to prevent scams from being committed—civil penalty provision
(1) A regulated entity contravenes this subsection if the entity fails to take reasonable steps to prevent another person from committing a scam relating to, connected with, or using a regulated…
Section 58EJ — Information that need not be disclosed
Nothing in this Part requires an SPF regulator to disclose information or documents that: (a) concern the internal administrative functioning of that regulator; or (b) disclose a matter in respect of…
Section 58FJ — Civil penalty provisions
Enforcing civil penalty provisions (1) Each of the following is enforceable under Part 4 of the Regulatory Powers Act: (a) a civil penalty provision of an SPF principle; (b) a civil penalty provision…
Section 58FZJ — Joining non-party concurrent wrongdoer in the action
(1) The court may give leave for any one or more persons to be joined as defendants in proceedings involving a claim under subsection 58FZC(1). (2) The court is not to give leave for the joinder of…
Section 58AK — Acts done by or in relation to agents etc. of regulated entities
Conduct of agents etc. of a regulated entity is attributable to the regulated entity (1) For the purposes of the SPF provisions, section 97 of the Regulatory Powers Act (to the extent that it applies…
Section 58BK — Further detail about certain concepts
(1) Taking reasonable steps for the purposes of subsection 58BJ(1) requires more than merely acting on actionable scam intelligence in the form of information provided to the regulated entity by…
Section 58FK — Maximum penalty for tier 1 contraventions
(1) Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty payable by a person: (a) under an SPF civil penalty order; and (b) for a contravention of a civil penalty provision of…
Section 58FZK — Application of this Subdivision
Nothing in this Subdivision: (a) prevents a person being held vicariously liable for a proportion of a claim under subsection 58FZC(1) for which another person is liable; or (b) prevents a person…
Section 58BL — Simplified outline of this Subdivision
Each regulated entity for a regulated sector must take reasonable steps to detect scams. This includes: (a) investigating, in a timely way, activities that are the subjects of its actionable scam…
Section 58FL — Maximum penalty for tier 2 contraventions
(1) Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty payable by a person: (a) under an SPF civil penalty order; and (b) for a contravention of: (i) a civil penalty…
Section 58FZL — Public warning notices
Suspected contraventions of a provision of the SPF principles (1) The SPF general regulator may issue to the public a written notice containing a warning about the conduct of a person if the SPF…
Section 58BM — Taking reasonable steps to detect scams—civil penalty provision
(1) A regulated entity contravenes this subsection if the entity fails to take reasonable steps to detect a scam relating to, connected with, or using a regulated service of the entity. (2)…
Section 58FM — Civil penalty double jeopardy
If a person is ordered under an SPF civil penalty order to pay a pecuniary penalty in respect of particular conduct, the person is not liable to: (a) a pecuniary penalty for contravening another…
Section 58FZM — Remedial directions
Giving directions—to comply with an SPF principle (1) If the SPF general regulator reasonably suspects that a regulated entity: (a) is failing to comply with an SPF principle; or (b) will fail to…
Section 58BN — Investigating actionable scam intelligence—civil penalty provision
(1) A regulated entity contravenes this subsection if the entity: (a) has actionable scam intelligence about an activity relating to, connected with, or using a regulated service of the entity; and…
Section 58FN — Purpose and effect of this Subdivision
(1) The purpose of this Subdivision is to provide for the issue of an infringement notice to a person for an alleged contravention of: (a) a civil penalty provision of an SPF principle in Subdivision…
Section 58FZN — Adverse publicity orders
Making adverse publicity orders (1) The Court may, on application, make an adverse publicity order against a person who has been ordered to pay a pecuniary penalty under an SPF civil penalty order.…
Section 58BO — Identifying impacted SPF consumers—civil penalty provision
(1) A regulated entity contravenes this subsection if the entity: (a) has actionable scam intelligence about an activity relating to, connected with, or using a regulated service of the entity; and…
Section 58FO — Issuing an SPF infringement notice
Notices for contraventions of certain SPF principles (1) If an inspector of the SPF general regulator reasonably believes that a person has contravened a civil penalty provision of an SPF principle…
Section 58FZO — Non-punitive orders
Making non-punitive orders (1) The Court may, on application, make one or more of the following orders in relation to a person who has engaged in conduct contravening an SPF principle or a provision…
Section 58BP — Sector-specific details can be set out in SPF codes
For the purposes of (but without limiting) subsection 58CC(1), the SPF code for a regulated sector may include sector-specific provisions describing: (a) what are reasonable steps (see also section…
Section 58FP — Matters to be included in an SPF infringement notice
An SPF 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 of the person to whom it is issued; and (d) state the name…
Section 58FZP — Orders (other than awards of damages) to redress loss or damage—making such orders
Making orders (1) The Court may, on application, make such orders (other than an award of damages) as the Court thinks appropriate against a person who: (a) engaged in conduct (the contravening…
Section 58BQ — Simplified outline of this Subdivision
Each regulated entity must give the SPF general regulator reports of any actionable intelligence the entity has about activities relating to, connected with, or using the entity’s regulated services.…
Section 58FQ — Amount of penalty
The penalty to be specified in an SPF infringement notice that is to be issued to a person must be equal to the following amount: (a) if the person is a body corporate—60 penalty units; (b)…
Section 58FZQ — Orders (other than awards of damages) to redress loss or damage—kinds of such orders
(1) Without limiting subsection 58FZP(1), the orders that the Court may make under that subsection against a person (the respondent) include all or any of the following: (a) an order declaring the…
Section 58BR — Reporting actionable scam intelligence to SPF regulators—civil penalty provision
(1) This section applies if a regulated entity has actionable scam intelligence about an activity relating to, connected with, or using a regulated service of the entity. Civil penalty provision (2)…
Section 58FR — Effect of compliance with an SPF infringement notice
(1) This section applies if: (a) an SPF infringement notice for an alleged contravention of a civil penalty provision is issued to a person; and (b) the person pays the penalty specified in the…