Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 27A — Consultants
(1) On behalf of the Commonwealth, the Commission may engage persons to give advice to, and perform services for, the Commission. (2) The terms and conditions of engagement are as determined by the…
Section 28 — Functions of Commission in relation to dissemination of information, law reform and research
(1) In addition to any other functions conferred on the Commission, the Commission has the following functions: (a) to make available to persons engaged in trade or commerce and other interested…
Section 28A — This Part does not apply to certain contracts connected with financial markets
(1) This Part does not apply to a contract: (a) that exists because of: (i) section 793B of the Corporations Act 2001 (legal effect of operating rules of a licensed market); or (ii) section 822B of…
Section 29 — False or misleading representations about goods or services
(1) A person must not, in trade or commerce, in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of the supply or use of goods or…
Section 29A — Establishment of Council
(1) The National Competition Council is established by this section. (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):…
Section 29BA — Commonwealth consent to conferral of functions etc. on Council
(1) A State/Territory energy law may confer functions or powers, or impose duties, on the Council for the purposes of that law. Note: Section 29BC sets out when such a law imposes a duty on the…
Section 29LA — Resolutions without meetings
(1) If all Councillors (other than those that must not sign a document because of subsection (3)) sign a document containing a statement that they are in favour of a resolution in terms set out in…
Section 29B — Functions and powers of Council
(1) The Council’s functions include: (a) carrying out research into matters referred to the Council by the Minister; and (b) providing advice on matters referred to the Council by the Minister. (2)…
Section 29BB — How duty is imposed
Application (1) This section applies if a State/Territory energy law purports to impose a duty on the Council. Note: Section 29BC sets out when such a law imposes a duty on the Council. State or…
Section 29BC — When a State/Territory energy law imposes a duty
For the purposes of sections 29BA and 29BB, a State/Territory energy law imposes a duty on the Council if: (a) the law confers a function or power on the Council; and (b) the circumstances in which…
Section 29C — Membership of Council
(1) The Council consists of the Council President and up to 4 other Councillors. (2) Each Councillor is to be appointed by the Governor-General, for a term of up to 5 years. (3) The Governor-General…
Section 29D — Terms and conditions of office
(1) A Councillor may be appointed to hold office on either a full-time or a part-time basis. (2) A Councillor holds office on such terms and conditions (if any) in respect of matters not provided for…
Section 29E — Acting Council President
The Minister may appoint a Councillor to act as the Council President: (a) if there is a vacancy in the office of Council President, whether or not an appointment has previously been made to the…
Section 29F — Remuneration of Councillors
(1) A Councillor is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of the Remuneration Tribunal is in operation, the Councillor is to be paid the…
Section 29G — Leave of absence
(1) A full-time Councillor has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Minister may grant a full-time Councillor leave of absence, other than…
Section 29H — Termination of appointment of Councillors
(1) The Governor-General may terminate the appointment of a Councillor for misbehaviour or for physical or mental incapacity. (2) The Governor-General must terminate the appointment of a Councillor…
Section 29I — Resignation of Councillors
A Councillor may resign by giving the Governor-General a signed resignation notice.
Section 29J — Arrangement of Council business
(1) Subject to subsection (2), the Council President may give directions about the arrangement of the Council’s business. (2) The Council must not carry out any work (other than work relating to a…
Section 29L — Council meetings
(1) The Council President must convene the meetings that the Council President thinks are necessary to perform the Council’s functions efficiently. (2) The meetings must be held in places determined…
Section 29M — Staff to help Council
(1) The staff needed to help the Council are to be persons engaged under the Public Service Act 1999. (2) For the purposes of the Public Service Act 1999: (a) the Council President and the APS…
Section 29N — Consultants
(1) On behalf of the Commonwealth, the Council may engage persons to give advice to, and perform services for, the Council. (2) The terms and conditions of engagement are as determined by the Council.
Section 29O — Annual report
An annual report prepared by the Council President and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include details of…
Section 30 — False or misleading representations about sale etc. of land
(1) A person must not, in trade or commerce, in connection with the sale or grant, or the possible sale or grant, of an interest in land or in connection with the promotion by any means of the sale…
Section 31 — Qualifications of members of Tribunal
(1) A person shall not be appointed as a presidential member of the Tribunal unless he or she is a Judge of a Federal Court, not being the High Court or a court of an external Territory. (2) A person…
Section 31A — Appointment of Judge as presidential member of Tribunal not to affect tenure etc.
The appointment of a Judge of a Federal Court as a presidential member of the Tribunal, or service by a Judge of a Federal Court as a presidential member of the Tribunal, whether the appointment was…
Section 32 — Offering rebates, gifts, prizes etc.
(1) A person must not, in trade or commerce, offer any rebate, gift, prize or other free item with the intention of not providing it, or of not providing it as offered, in connection with: (a) the…
Section 33 — Remuneration and allowances of members of Tribunal
(4) A member of the Tribunal other than a presidential member shall be paid such remuneration as is determined by the Remuneration Tribunal. (5) A member of the Tribunal other than a presidential…
Section 34 — Acting appointments
(1) Where: (a) the President is, or is expected to be, absent from duty; or (b) there is, or is expected to be, a vacancy in the office of President; the Minister may appoint a Deputy President or an…
Section 35 — Suspension and removal of members of Tribunal
(1) The Governor-General may suspend a member of the Tribunal from office on the ground of misbehaviour or physical or mental incapacity. (2) The Minister shall cause a statement of the ground of the…
Section 36 — Wrongly accepting payment
(1) A person must not, in trade or commerce, accept payment or other consideration for goods or services if, at the time of the acceptance, the person intends not to supply the goods or services.…
Section 37 — Misleading representations about certain business activities
(1) A person must not, in trade or commerce, make a representation that: (a) is false or misleading in a material particular; and (b) concerns the profitability, risk or any other material aspect of…
Section 38 — Application of provisions of this Division to information providers
(1) Sections 29, 30, 33, 34 and 37 do not apply to a publication of matter by an information provider if: (a) in any case—the information provider made the publication in the course of carrying on a…
Section 39 — Unsolicited cards etc.
(1) A person must not send a credit card or a debit card, or an article that may be used as a credit card and a debit card, to another person except: (a) pursuant to a written request by the person…
Section 40 — Assertion of right to payment for unsolicited goods or services
(1) A person must not, in trade or commerce, assert a right to payment from another person for unsolicited goods unless the person has reasonable cause to believe that there is a right to the…
Section 41 — Liability etc. of recipient for unsolicited goods
(1) If a person, in trade or commerce, supplies unsolicited goods to another person, the other person: (a) is not liable to make any payment for the goods; and (b) is not liable for loss of or damage…
Section 42 — Decision of questions
(1) A question of law arising in a matter before a Division of the Tribunal (including the question whether a particular question is one of law) shall be determined in accordance with the opinion of…
Section 43 — Assertion of right to payment for unauthorised entries or advertisements
(1) A person must not assert a right to payment from another person of a charge for placing, in a publication, an entry or advertisement relating to: (a) the other person; or (b) the other person’s…
Section 43A — Counsel assisting Tribunal
(1) The President may, on behalf of the Commonwealth, appoint a legal practitioner to assist the Tribunal as counsel, either generally or in relation to a particular matter or matters. (2) In this…
Section 43B — Consultants
The Registrar may, on behalf of the Commonwealth, engage persons as consultants to, or to perform services for, the Tribunal.
Section 44 — Participation in pyramid schemes
(1) A person must not participate in a pyramid scheme. Note: A pecuniary penalty may be imposed for a contravention of this subsection. (2) A person must not induce, or attempt to induce, another…
Section 44A — Acting appointments
The Minister may appoint a person who is engaged under the Public Service Act 1999 to act as the Registrar or as a Deputy Registrar during any period, or during all periods, when: (a) the Registrar…
Section 44AA — Objects of Part
The objects of this Part are to: (a) promote the economically efficient operation of, use of and investment in the infrastructure by which services are provided, thereby promoting effective…
Section 44AAEA — Arbitration
(1) Sections 44AAD and 44AAE do not apply to the AER as constituted for an arbitration under: (a) the National Electricity (Commonwealth) Law (as defined by the Australian Energy Market Act 2004); or…
Section 44AAFA — Power of AER to obtain information and documents
Notice requiring information etc. (1) This section applies if the AER has reason to believe that a person is capable of providing information, producing a document or giving evidence that the AER…
Section 44AAGA — Federal Court may order disconnection if an event specified in the National Electricity Rules occurs
(1) If a relevant disconnection event occurs, the Federal Court may make an order, on application by the AER on behalf of the Commonwealth, directing that a Registered participant’s loads be…
Section 44AIA — No merits review of AER decisions
A decision of the AER under a State/Territory energy law or local energy instrument is not to be subject to merits review (however described) by a body established under a law of a State or Territory.
Section 44ARA — AER Deputy Chair
(1) One of the AER members is to be appointed by the Governor-General as the AER Deputy Chair, by written instrument. The appointment as AER Deputy Chair may be made at the same time as the…
Section 44CA — Meaning of declaration criteria
(1) The declaration criteria for a service are: (a) that access (or increased access) to the service, on reasonable terms and conditions, as a result of a declaration of the service would promote a…
Section 44DA — The principles in the Competition Principles Agreement have status as guidelines
(1) For the avoidance of doubt: (c) the requirement, under subsection 44M(4), that the Council apply the relevant principles set out in the Competition Principles Agreement in deciding whether to…
Section 44FA — Council may request information
(1) The Council may give a person a written notice requesting the person give to the Council, within a specified period, information of the kind specified in the notice that the Council considers may…