Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 87D — Definitions
In this Part, unless the contrary intention appears: applicable percentage has the meaning given by subsection 87Q(2). average weekly earnings has the meaning given by section 87V. capable parent or…
Section 87CE — Defendant to notify plaintiff of concurrent wrongdoer of whom defendant aware
(1) If: (a) a defendant in proceedings involving an apportionable claim has reasonable grounds to believe that a particular person (the other person) may be a concurrent wrongdoer in relation to the…
Section 87E — Proceedings to which this Part applies
(1) This Part applies to proceedings taken under the Australian Consumer Law: (a) that relate to Part 2-2, 3-3, 3-4 or 3-5, or Division 2 of Part 5-4, of the Australian Consumer Law; and (b) in which…
Section 87CF — Contribution not recoverable from defendant
A defendant against whom judgment is given under this Part as a concurrent wrongdoer in relation to an apportionable claim: (a) cannot be required to contribute to any damages or contribution…
Section 87F — Basic rule
(1) A court must not award personal injury damages in a proceeding to which this Part applies if the proceeding was commenced: (a) after the end of the period of 3 years after the date of…
Section 87CG — Subsequent actions
(1) In relation to an apportionable claim, nothing in this Part or any other law prevents a plaintiff who has previously recovered judgment against a concurrent wrongdoer for an apportionable part of…
Section 87G — Date of discoverability
Definition (1) The date of discoverability for the death or injury is the first date when the plaintiff in the proceeding knows or ought to know each of the following: (a) that the death or personal…
Section 87CH — 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 an apportionable claim. (2) The court is not to give leave for the joinder of any person…
Section 87H — Long-stop period
(1) The long-stop period for the death or injury of a person is: (a) the period of 12 years following the act or omission alleged to have caused the death or injury; or (b) that period as extended by…
Section 87CI — Application of Part
Nothing in this Part: (a) prevents a person being held vicariously liable for a proportion of an apportionable claim for which another person is liable; or (b) prevents a partner from being held…
Section 87J — The effect of minority or incapacity
In working out whether the period of 3 years after the date of discoverability, or the long-stop period, has expired, disregard any period during which the plaintiff has been: (a) a minor who is not…
Section 87K — The effect of close relationships
(1) If: (a) a cause of action to which the proceeding relates is founded on the death or injury to a person (the victim) who was a minor at the time of the act or omission alleged to have caused the…
Section 87L — Limits on damages for non-economic loss
A court must not, in a proceeding to which this Part applies, award as personal injury damages for non-economic loss an amount that exceeds the amount (if any) permitted under this Division.
Section 87M — Maximum amount of damages for non-economic loss
(1) The maximum amount of damages for non-economic loss is: (a) during the year in which this Part commences—$250,000; or (b) during a later year—the amount worked out (to the nearest multiple of…
Section 87N — Index numbers
(1) The index number for a quarter is the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that…
Section 87P — Most extreme cases
(1) The court must not award as personal injury damages for non-economic loss the maximum amount of damages for non-economic loss except in a most extreme case. (2) A most extreme case is a case in…
Section 87ZP — Definitions
(1) In this Division: industry code of practice means a code regulating the conduct of participants in an industry towards other participants in the industry or towards consumers in the industry.…
Section 87Q — Cases of 33% or more (but not 100%) of a most extreme case
(1) If the non-economic loss the plaintiff suffers is at least 33%, but less than 100%, of a most extreme case, the court must not award as personal injury damages for non-economic loss an amount…
Section 87R — Cases of 15% or more (but less than 33%) of a most extreme case
If the non-economic loss the plaintiff suffers is at least 15%, but less than 33%, of a most extreme case, the court must not award as personal injury damages for non-economic loss an amount that…
Section 87S — Cases of less than 15% of a most extreme case
If the non-economic loss the plaintiff suffers is less than 15% of a most extreme case, the court must not award personal injury damages for non-economic loss.
Section 87T — Referring to earlier decisions on non-economic loss
(1) In determining personal injury damages for non-economic loss, the court may refer to earlier decisions of the court or of other courts for the purpose of establishing the appropriate award in the…
Section 87U — Personal injury damages for loss of earning capacity
In determining, in a proceeding to which this Part applies, personal injury damages for: (a) past economic loss due to loss of earnings or the deprivation or impairment of earning capacity; or (b)…
Section 87V — Average weekly earnings
(1) Average weekly earnings, for a quarter, means the amount: (a) published by the Australian Statistician as the average weekly earnings for all employees (total earnings, seasonally adjusted) for…
Section 87W — Personal injury damages for gratuitous attendant care services for plaintiff
(1) A court must not, in a proceeding to which this Part applies, award personal injury damages for gratuitous attendant care services for the plaintiff, except in accordance with this section. (2)…
Section 87X — Personal injury damages for loss of plaintiff’s capacity to provide gratuitous attendant care services
(1) A court must not, in a proceeding to which this Part applies, award personal injury damages for loss of the plaintiff’s capacity to provide gratuitous attendant care services to other persons,…
Section 87Y — Damages for future economic loss—discount rate
(1) If an award of personal injury damages in a proceeding to which this Part applies is to include any component, assessed as a lump sum, for future economic loss of any kind, the present value of…
Section 87Z — Damages for loss of superannuation entitlements
A court must not, in a proceeding to which this Part applies, award personal injury damages for economic loss due to the loss of employer superannuation contributions an amount that exceeds the…
Section 88 — Commission may grant authorisations
Granting an authorisation (1) Subject to this Part, the Commission may, on an application by a person, grant an authorisation to a person to engage in conduct, specified in the authorisation, to…
Section 89 — Procedure for applications and the keeping of a register
(1) To be valid, an application for an authorisation, a minor variation of an authorisation, a revocation of an authorisation, or a revocation of an authorisation and the substitution of another…
Section 90 — Determination of applications for authorisations
(1) The Commission shall, in respect of an application for an authorisation: (a) make a determination in writing granting such authorisation as it considers appropriate; or (b) make a determination…
Section 90A — Commission to afford opportunity for conference before determining application for authorisation
(1) Before determining an application for an authorisation (other than an application for a merger authorisation), the Commission shall prepare a draft determination in relation to the application.…
Section 90B — Commission may rely on consultations undertaken by the AEMC
(1) This section applies if: (a) an application under section 88, 91A, 91B or 91C is made in relation to the National Electricity Rules or a provision of the Rules; and (b) the AEMC has done the…
Section 91 — Grant and variation of authorisations
(1) An authorisation may be expressed to be in force for a period specified in the authorisation and, if so expressed, remains in force for that period only. (1A) An authorisation, other than an…
Section 91A — Minor variations of authorisations
(1) A person to whom an authorisation was granted, or another person on behalf of such a person, may apply to the Commission for a minor variation of the authorisation. (2) On receipt of an…
Section 91B — Revocation of an authorisation
(1) A person to whom an authorisation was granted, or another person on behalf of such a person, may apply to the Commission for a revocation of the authorisation. (2) On receipt of such an…
Section 91C — Revocation of an authorisation and substitution of a replacement
(1) A person to whom an authorisation was granted, or another person on behalf of such a person, may apply to the Commission for a revocation of the authorisation and the substitution of a new…
Section 92 — Providing false or misleading information
(1) A person must not give information to the Commission or Tribunal under this Division or Part IX in connection with any of the following if the person is negligent as to whether the information is…
Section 92A — Definitions
(1) In this Division: business day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory. (2) A reference in this Division to an authorisation is a…
Section 92B — Commission may grant authorisations in exceptional circumstances and emergencies
Granting an authorisation in exceptional circumstances and emergencies (1) Subject to this Division, the Commission may, on an application by a person, grant an authorisation to a person to engage in…
Section 92C — Procedure for applications
An application for an authorisation under this Division must: (a) be in a form approved by the Commission in writing and contain the information required by the form; and (b) be accompanied by any…
Section 92D — Determination of applications
(1) If a declaration mentioned in subsection (2) is in force, the Commission may, in respect of an application for an authorisation under this Division: (a) make a determination in writing granting…
Section 92E — Period for which authorisations remain in force
An authorisation under this Division is in force for the period: (a) starting on the day specified in the determination (which may be before the commencement of this section, but must not be before 1…
Section 92F — Variation of authorisations
(1) The Commission may, at any time, make a determination in writing to vary an authorisation under this Division if the Commission considers it appropriate to do so. (2) The Commission must not make…
Section 92G — Revocation of authorisations
(1) The Commission may, at any time, revoke an authorisation under this Division if the Commission considers that: (a) the conduct would not assist, or would not be likely to assist, in the response…
Section 92H — Register of applications and proposals
(1) The Commission must keep a register of the following things under this Division: (a) determinations of applications for authorisations; (b) variations of authorisations; (c) revocation of…
Section 93 — Notification of exclusive dealing or resale price maintenance
(1) Subject to subsection (2): (a) a corporation that engages, or proposes to engage, in conduct of a kind referred to in subsection 47(2), (3), (4), (5), (6), (7), (8) or (9); or (b) a corporation…
Section 93AA — Definitions
In this Subdivision: collective bargaining notice means a notice under subsection 93AB(1A) or (1). conference notice means a notice under subsection 93A(2). contract means a contract, arrangement or…
Section 93AAA — Imposing conditions relating to notifications
(1) If: (a) a corporation or other person gives the Commission a notice under subsection 93(1) relating to particular conduct, or proposed conduct, of a kind referred to in section 48; and (b) the…
Section 93ACA — Imposing conditions relating to collective boycott conduct
(1) If: (a) a corporation gives the Commission a collective bargaining notice that relates (wholly or partly) to collective boycott conduct or proposed collective boycott conduct; and (b) the…
Section 93AEA — Only 1 collective bargaining notice under subsection 93AB(1A) may be given
If: (a) a corporation gives the Commission a collective bargaining notice under subsection 93AB(1A) in relation to a contract or proposed contract; and (b) either: (i) the Commission gives the…