Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 58BS — Reporting scams to SPF regulators—civil penalty provisions
(1) This section applies if an SPF regulator gives a written request to a regulated entity for the entity to give the SPF regulator a report about a scam relating to, connected with, or using a…
Section 58FS — Effect of failure to comply with an SPF infringement notice
If: (a) an SPF infringement notice for an alleged contravention of a civil penalty provision is issued to a person; and (b) the person fails to pay the penalty specified in the notice within the…
Section 58BT — Authorised third party data gateways, portals or websites for accessing reports
(1) The SPF rules may prescribe a scheme for authorising third parties to operate data gateways, portals or websites that give access to reports under this Division. (2) For the purposes of (but…
Section 58FT — Infringement notice compliance period for infringement notice
(1) Subject to this section, the infringement notice compliance period, for an SPF infringement notice issued to a person, is the period of 28 days beginning on the day after the day that the notice…
Section 58BU — Relationship with other duties and obligations
A duty of confidence owed under an agreement or arrangement is of no effect to the extent that it is contrary to section 58BR or 58BS. Note: Each of sections 58BR and 58BS is also a requirement by…
Section 58FU — Withdrawal of an infringement notice
Representations to the SPF regulator (1) A person to whom an SPF infringement notice has been issued: (a) by an inspector of an SPF regulator; and (b) for an alleged contravention of a civil penalty…
Section 58BV — SPF general regulator may share information relating to scamming actions with relevant entities
(1) The SPF general regulator may disclose information relating to either of the following actions (a scamming action): (a) a scam (as defined in section 58AG); (b) a scam (within the ordinary…
Section 58FV — Enforceable undertakings
Accepting an undertaking (1) The SPF general regulator may accept a written undertaking given by a person for the purposes of this section in connection with compliance with a provision of the SPF…
Section 58BW — Simplified outline of this Subdivision
Each regulated entity for a regulated sector must take reasonable steps to: (a) disrupt an activity that is the subject of actionable scam intelligence; and (b) prevent losses from such an activity.…
Section 58FW — Granting injunctions
(1) The Court may, on application, grant an injunction in such terms as the Court considers appropriate if the Court is satisfied that a person has engaged, or is proposing to engage, in conduct that…
Section 58BX — Taking reasonable steps to disrupt activities that are the subjects of 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 58FX — Particular kinds of injunctions
(1) The Court may grant an injunction under section 58FW restraining a person from engaging in conduct: (a) whether or not it appears to the Court that the person intends to engage again, or to…
Section 58BY — Reporting about the outcomes of investigations of activities that are the subjects of actionable scam intelligence—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 58FY — Interim injunctions
The Court may, if in the opinion of the Court it is desirable to do so, grant an interim injunction pending determination of an application for an injunction under section 58FW.
Section 58BZ — 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: (a) describing what are reasonable steps (see also section…
Section 58FZ — Rescinding or varying injunctions
The Court may rescind or vary an injunction granted under this Subdivision.
Section 59 — Guarantee as to express warranties
(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 manufacturer of the goods will…
Section 60 — Simplified outline of this Part
• An entity must not engage in price exploitation in relation to the carbon tax repeal. • The Commission may monitor prices in relation to the carbon tax repeal and the carbon tax scheme. • An entity…
Section 60A — Definitions
In this Part: applicable compliance period, for a carbon tax removal substantiation notice, has the meaning given by subsection 60FC(2). bulk SGG importer means an entity that: (a) holds a controlled…
Section 60AA — Objects etc.
(1) The main objects of this Part are: (a) to deter price exploitation in relation to the carbon tax repeal at each point in the supply chain for regulated goods; and (b) to ensure that all cost…
Section 60CA — Failure to pass on cost savings—250% penalty
(1) If: (a) either: (i) an entity contravenes subsection 60C(1) in relation to a particular supply of electricity or natural gas; or (ii) an entity that is a bulk SGG importer contravenes subsection…
Section 60FA — Carbon tax removal substantiation notices
Scope (1) This section applies to an entity if the entity: (a) is an electricity retailer that sells electricity to electricity customers; or (b) is a natural gas retailer that sells natural gas to…
Section 60B — Regulated goods
(1) For the purposes of this Part, regulated goods means: (a) natural gas; or (b) electricity; or (c) synthetic greenhouse gas; or (d) SGG equipment; or (e) other goods of a kind specified in a…
Section 60FB — Extending periods for complying with carbon tax removal substantiation notices
(1) An entity that has been given a carbon tax removal substantiation notice may, at any time within 14 days after the notice was given to the entity by the Commission, apply in writing to the…
Section 60C — Price exploitation in relation to the carbon tax repeal
(1) An entity must not engage in price exploitation in relation to the carbon tax repeal. (2) For the purposes of this Part, an entity engages in price exploitation in relation to the carbon tax…
Section 60FC — Compliance with carbon tax removal substantiation notices
(1) An entity that is given a carbon tax removal substantiation notice must comply with it within the applicable compliance period for the notice. (2) The applicable compliance period for a carbon…
Section 60D — Notice to entity that is considered to have engaged in price exploitation in relation to the carbon tax repeal
(1) The Commission may give an entity a written notice under this section if the Commission considers that the entity has engaged in price exploitation in relation to the carbon tax repeal. (2) The…
Section 60FD — Carbon tax removal substantiation statements
Scope (1) This section applies to an entity if the entity: (a) is an electricity retailer that sells electricity to electricity customers; or (b) is a natural gas retailer that sells natural gas to…
Section 60E — Commission may issue notice to aid prevention of price exploitation in relation to the carbon tax repeal
(1) The Commission may give an entity a written notice under this section if the Commission considers that doing so will aid the prevention of the entity engaging in price exploitation in relation to…
Section 60FE — Statements for customers
Scope (1) This section applies to an entity if the entity: (a) is an electricity retailer that sells electricity to electricity customers; or (b) is a natural gas retailer that sells natural gas to…
Section 60F — Acquisition of property
Scope (1) This section applies to the following provisions of this Act: (a) section 60C; (b) any other provision to the extent to which it relates to section 60C. Effect of provision (2) The…
Section 60G — Commission may monitor prices in relation to the carbon tax repeal etc.
Price monitoring—carbon tax repeal transition period (1) The Commission may monitor prices to assess the general effect of the carbon tax repeal on prices charged by entities for supplies, in the…
Section 60H — Information-gathering powers
(1) A member of the Commission may, by written notice given to a person, require the person: (a) to give the Commission specified information in writing signed by: (i) the person; or (ii) if the…
Section 60J — Reporting
(1) The Commission must, within 28 days after the end of each quarter, give the Minister a written report about the operations of the Commission under this Part during the quarter. (2) A report under…
Section 60K — False or misleading representations about the effect of the carbon tax repeal etc. on prices
An entity must not, in trade or commerce, in connection with: (a) the supply or possible supply of goods or services; or (b) the promotion by any means of the supply or use of goods or services; make…
Section 60L — Issuing an infringement notice
Issuing an infringement notice (1) If the Commission has reasonable grounds to believe that a person has contravened an infringement notice provision, the Commission may issue an infringement notice…
Section 60M — Effect of compliance with an infringement notice
Scope (1) This section applies if: (a) an infringement notice for an alleged contravention of an infringement notice provision is issued to a person; and (b) the person pays the penalty specified in…
Section 60N — Effect of failure to comply with an infringement notice
If: (a) an infringement notice for an alleged contravention of an infringement notice provision is issued to a person; and (b) the person fails to pay the penalty specified in the infringement notice…
Section 60P — Infringement notice compliance period for infringement notice
(1) The infringement notice compliance period for an infringement notice is the period of 28 days beginning on the day after the day on which the infringement notice is issued by the Commission. (2)…
Section 60Q — 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 an infringement notice provision may make written representations to the…
Section 60R — Effect of this Division
This Division does not: (a) require an infringement notice to be issued to a person for an alleged contravention of an infringement notice provision; or (b) affect the liability of a person to…
Section 61 — Guarantees as to fitness for a particular purpose etc.
(1) If: (a) a person (the supplier) supplies, in trade or commerce, services to a consumer; and (b) the consumer, expressly or by implication, makes known to the supplier any particular purpose for…
Section 62 — Guarantee as to reasonable time for supply
If: (a) a person (the supplier) supplies, in trade or commerce, services to a consumer; and (b) the time within which the services are to be supplied: (i) is not fixed by the contract for the supply…
Section 63 — Services to which this Subdivision does not apply
(1) This Subdivision does not apply to services that are, or are to be, supplied under: (a) a contract for or in relation to the transportation or storage of goods for the purposes of a business,…
Section 64 — Guarantees not to be excluded etc. by contract
(1) A term of a contract (including a term that is not set out in the contract but is incorporated in the contract by another term of the contract) is void to the extent that the term purports to…
Section 64A — Limitation of liability for failures to comply with guarantees
(1) A term of a contract for the supply by a person of goods other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption is not void under section 64 merely…
Section 65 — Application of this Division to supplies of gas, electricity and telecommunications
(1) This Division does not apply to a supply if the supply: (a) is a supply of a kind specified in the regulations; and (b) is a supply of gas, electricity or a telecommunications service. (2) A…
Section 66 — Display notices
(1) The Commonwealth Minister may determine, in writing, that persons (the suppliers) who make supplies, or supplies of a specified kind, to which guarantees apply under this Division are required to…
Section 67 — Conflict of laws
If: (a) the proper law of a contract for the supply of goods or services to a consumer would be the law of any part of Australia but for a term of the contract that provides otherwise; or (b) a…
Section 68 — Convention on Contracts for the International Sale of Goods
The provisions of the United Nations Convention on Contracts for the International Sale of Goods, done at Vienna on 11 April 1980, as amended and in force for Australia from time to time, prevail…