Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 69 — Meaning of unsolicited consumer agreement
(1) An agreement is an unsolicited consumer agreement if: (a) it is for the supply, in trade or commerce, of goods or services to a consumer; and (b) it is made as a result of negotiations between a…
Section 70 — Presumption that agreements are unsolicited consumer agreements
(1) In a proceeding relating to a contravention or possible contravention of this Division (other than a criminal proceeding), an agreement is presumed to be an unsolicited consumer agreement if: (a)…
Section 71 — Meaning of dealer
A dealer is a person who, in trade or commerce: (a) enters into negotiations with a consumer with a view to making an agreement for the supply of goods or services to the consumer; or (b) calls on,…
Section 72 — Meaning of negotiation
A negotiation, in relation to an agreement or a proposed agreement, includes any discussion or dealing directed towards the making of the agreement or proposed agreement (whether or not the terms of…
Section 73 — Permitted hours for negotiating an unsolicited consumer agreement
(1) A dealer must not call on a person for the purpose of negotiating an unsolicited consumer agreement, or for an incidental or related purpose: (a) at any time on a Sunday or a public holiday; or…
Section 74 — Disclosing purpose and identity
A dealer who calls on a person for the purpose of negotiating an unsolicited consumer agreement, or for an incidental or related purpose, must, as soon as practicable and in any event before starting…
Section 75 — Ceasing to negotiate on request
(1) A dealer who calls on a person at any premises for the purpose of negotiating an unsolicited consumer agreement, or for an incidental or related purpose, must leave the premises immediately on…
Section 75B — Interpretation
(1) A reference in this Part to a person involved in a contravention of a provision of Part IV, IVB, IVBA, IVBB or IVE, or of section 55B, subsection 56BN(1), 56BO(1) or 56BU(1), section 56BZA, 56BZB…
Section 76 — Pecuniary penalties
(1) If the Court is satisfied that a person: (a) has contravened any of the following provisions: (i) a provision of Part IV (other than section 45AF or 45AG); (iaa) a provision of Part IVBA…
Section 76A — Defence to proceedings under section 76 relating to a contravention of section 92
(1) In this section: contravention, in relation to a section, includes conduct referred to in paragraph 76(1)(b), (c), (d), (e) or (f) that relates to a contravention of the section. (2) In…
Section 76B — Consequences in some cases if substantially the same conduct contravenes a provision of this Act and is an offence
(1) In this section: contravention, in relation to a section or Part, includes conduct referred to in paragraph 76(1)(b), (c), (d), (e) or (f) that relates to a contravention of the section or Part.…
Section 77 — Liability of suppliers for contraventions by dealers
If: (a) a dealer contravenes a provision of this Subdivision in relation to an unsolicited consumer agreement; and (b) the dealer is not, or is not to be, the supplier of the goods or services to…
Section 77A — Indemnification of officers
(1) A body corporate (the first body), or a body corporate related to the first body, must not indemnify a person (whether by agreement or by making a payment and whether directly or through an…
Section 77B — Certain indemnities not authorised and certain documents void
(1) Section 77A does not authorise anything that would otherwise be unlawful. (2) Anything that purports to indemnify a person against a liability is void to the extent that it contravenes section…
Section 77C — Application of section 77A to a person other than a body corporate
If, as a result of the operation of Part 2.4 of the Criminal Code, a person other than a body corporate is: (a) convicted of an offence (the relevant offence) against subsection 77A(1) of this Act;…
Section 77D — Orders relating to void acquisitions
(1) This section applies if an acquisition: (a) is void to any extent by force of subsection 45AZA(2); or (b) would be void to any extent by force of that subsection apart from an order under this…
Section 78 — Requirement to give document to the consumer
(1) If an unsolicited consumer agreement was not negotiated by telephone, the dealer who negotiated the agreement must give a copy of the agreement to the consumer under the agreement immediately…
Section 79 — Offences against section 45AF or 45AG
(1) A person who: (aa) attempts to contravene; or (a) aids, abets, counsels or procures a person to contravene; or (b) induces, or attempts to induce, a person (whether by threats or promises or…
Section 79A — Enforcement and recovery of certain fines
(1) If: (a) a fine has been imposed on a person for: (i) an offence against section 44AAFB, 45AF or 45AG, subsection 56BN(1) or 56BZI(1) or section 154Q or 155; or (ii) an offence against section…
Section 79B — Preference must be given to compensation for victims
If the Court considers that: (a) it is appropriate to order a person (the defendant): (i) to pay a pecuniary penalty under section 76; or (ii) to impose a fine under section 45AF or 45AG or…
Section 80 — Injunctions
(1) Subject to subsections (1A), (1AAA) and (1B), where, on the application of the Commission or any other person, the Court is satisfied that a person has engaged, or is proposing to engage, in…
Section 80A — Price exploitation in relation to the carbon tax repeal—orders limiting prices or requiring refunds of money
(1) If, on the application of the Commission, the Court is satisfied that a person has engaged in conduct constituting a contravention of section 60C, the Court may make either or both of the…
Section 80AB — Stay of injunctions
(1) The Court may stay the operation of an injunction granted under section 80 if: (a) the injunction is in respect of conduct that constitutes or would constitute a contravention of subsection…
Section 80AC — Injunctions to prevent mergers if authorisation granted on the basis of false or misleading information
If, on the application of the Commission, the Court is satisfied that: (a) a person is proposing to acquire shares in the capital of a body corporate or assets of a person; and (b) the person was…
Section 80AD — Injunctions if acquisition determinations made on the basis of false or misleading information
If, on the application of the Commission, the Federal Court is satisfied that: (a) a person is proposing to put an acquisition into effect; and (b) the Commission made an acquisition determination…
Section 81 — Divestiture where merger contravenes section 50 or 50A
(1) The Court may, on the application of the Commission or any other person, if it finds, or has in another proceeding instituted under this Part found, that a person has contravened section 50, by…
Section 81A — Divestiture where merger done under authorisation granted on false etc. information
Circumstances when this section applies (1) This section applies if the Court is satisfied that: (a) a person (the acquirer) has acquired shares in the capital of a body corporate or assets of…
Section 81B — Divestiture etc. if acquisition determinations made on false etc. information or conditions not complied with
(1) This section applies in relation to a notification of an acquisition if the Federal Court is satisfied that: (a) as part of putting the acquisition into effect, a notifying party of the…
Section 82 — Terminating an unsolicited consumer agreement during the termination period
(1) The consumer under an unsolicited consumer agreement may, during the period provided under subsection (3), terminate the agreement by indicating, in an oral or written notice to the supplier…
Section 83 — Effect of termination
(1) If an unsolicited consumer agreement is terminated in accordance with section 82: (a) the agreement is taken to have been rescinded by mutual consent; and (b) any related contract or instrument…
Section 84 — Conduct by directors, employees or agents
(1) If, in: (a) a prosecution for an offence against section 45AF or 45AG or subsection 56BN(1) or 56BZI(1) in respect of conduct engaged in by a body corporate; or (b) a proceeding under this Part…
Section 85 — Obligations and rights of consumers on termination
(1) If an unsolicited consumer agreement is terminated in accordance with section 82, the consumer under the agreement must, within a reasonable time: (a) return to the supplier under the agreement…
Section 86 — Jurisdiction of courts
(1AA) A reference in this section to this Act, or to a Part, Division or section of this Act, is a reference to this Act, or to that Part, Division or section, as it has effect as a law of the…
Section 86A — Transfer of matters
(1) Where: (a) a civil proceeding instituted (whether before or after the commencement of this section) by a person other than the Minister or the Commission is pending in the Federal Court; and (b)…
Section 86AA — Limit on jurisdiction of Federal Circuit and Family Court of Australia (Division 2)
If proceedings under section 82 are instituted in, or transferred to, the Federal Circuit and Family Court of Australia (Division 2), the Court does not have jurisdiction to award an amount for loss…
Section 86C — Non-punitive orders
(1) The Court may, on application by the Commission, make one or more of the orders mentioned in subsection (2) in relation to a person who has engaged in contravening conduct. (1A) The Court may, on…
Section 86D — Punitive orders—adverse publicity
(1) The Court may, on application by the Commission, make an adverse publicity order in relation to a person who: (a) has been ordered to pay a pecuniary penalty under section 76; or (b) is guilty of…
Section 86E — Order disqualifying a person from managing corporations
(1) On application by the Commission, the Court may make an order disqualifying a person from managing corporations for a period that the Court considers appropriate if: (a) the Court is satisfied…
Section 86F — Privilege against exposure to penalty—disqualification from managing corporations
Court proceeding (1) In a civil or criminal proceeding under, or arising out of, this Act, a gas market instrument or the consumer data rules, a person is not entitled to refuse or fail to comply…
Section 87 — Other orders
(1) Without limiting the generality of section 80, where, in a proceeding instituted under this Part, or for an offence against section 45AF or 45AG or subsection 56BN(1) or 56BZI(1), the Court finds…
Section 87AA — Special provision relating to Court’s exercise of powers under this Part in relation to boycott conduct
(1) In exercising its powers in proceedings under this Part in relation to boycott conduct, the Court is to have regard to any action the applicant in the proceedings has taken, or could take, before…
Section 87CA — Intervention by Commission
(1) The Commission may, with the leave of the Court and subject to any conditions imposed by the Court, intervene in any proceeding instituted under this Act. (2) If the Commission intervenes in a…
Section 87ZA — Interest on damages
(1) A court must not, in a proceeding to which this Part applies, order the payment of interest on personal injury damages for: (a) non-economic loss; or (b) gratuitous attendant care services for…
Section 87B — Enforcement of undertakings
(1) The Commission may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the Commission has a power or function under…
Section 87CB — Application of Part
(1) This Part applies to a claim (an apportionable claim) if the claim is a claim for damages made under section 236 of the Australian Consumer Law for: (a) economic loss; or (b) damage to property;…
Section 87ZB — Exemplary and aggravated damages
(1) A court must not, in a proceeding to which this Part applies, award exemplary damages or aggravated damages in respect of death or personal injury. (2) This section does not affect whether a…
Section 87C — Enforcement of undertakings—Secretary of the Department
(1) The Secretary of the Department may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the Secretary has a power or…
Section 87CC — Certain concurrent wrongdoers not to have benefit of apportionment
(1) Nothing in this Part operates to exclude the liability of a concurrent wrongdoer (an excluded concurrent wrongdoer) in proceedings involving an apportionable claim if: (a) the concurrent…
Section 87ZC — Court may make orders under section 87 for structured settlements
(1) In a proceeding to which this Part applies, a court may, on the application of the parties, make an order under section 87 approving a structured settlement, or the terms of a structured…
Section 87CD — Proportionate liability for apportionable claims
(1) In any proceedings involving an apportionable claim: (a) the liability of a defendant who is a concurrent wrongdoer in relation to that claim is limited to an amount reflecting that proportion of…