Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 93A — Commission to afford opportunity for conference before giving notice
(1) Before giving a notice under subsection 93(3), (3A) or (3B) or 93AC(1), (2) or (2A) in relation to any conduct or proposed conduct, the Commission shall prepare a draft notice in relation to that…
Section 93AB — Notification of collective bargaining
Notice to Commission—cartel provisions (1A) A corporation that: (a) has made, or proposes to make, a contract (the initial contract) that contains a cartel provision that: (i) has the purpose; or…
Section 93AC — Commission’s objection notice
Commission’s objection notice—cartel provisions (1) If: (a) a corporation gives the Commission a collective bargaining notice under subsection 93AB(1A) in relation to a contract, or proposed…
Section 93AD — When collective bargaining notice comes into force and ceases to be in force
When collective bargaining notice comes into force (1) A collective bargaining notice comes into force: (a) at the end of the period which is: (i) if the notice relates (wholly or partly) to…
Section 93AE — Withdrawal of collective bargaining notice
Withdrawal by corporation (1) A corporation may, by written notice given to the Commission, withdraw a collective bargaining notice it has given the Commission. (2) The corporation may do so at any…
Section 93AF — Only 1 collective bargaining notice under subsection 93AB(1) may be given
If: (a) a corporation gives the Commission a collective bargaining notice under subsection 93AB(1) in relation to a contract or proposed contract; and (b) either: (i) the Commission gives the…
Section 93AG — Stop notice for collective boycott conduct
(1) The Commission may give a corporation a written notice (a stop notice) if: (a) the corporation has given the Commission a collective bargaining notice that relates (wholly or partly) to…
Section 94 — Regulations may limit the application of this Division
This Division (other than section 73) does not apply, or provisions of this Division (other than section 73) that are specified in the regulations do not apply, to or in relation to: (a)…
Section 95 — Register of notifications
(1) The Commission shall keep a register containing: (aa) notices relating to voluntary industry codes given to the Commission pursuant to regulations made under section 51AE (including notices that…
Section 95A — Interpretation
(1) In this Part, unless the contrary intention appears: applicable period, in relation to a locality notice, has the meaning given by section 95ZB. body means any organisation or body, whether…
Section 95AA — Commission may determine class exemptions
(1) The Commission may, by legislative instrument, determine that one or more specified provisions of Division 1 or 2 of Part IV do not apply to a kind of conduct specified in the determination, if…
Section 95ZA — Later notices modifying a locality notice
(1) If a person gives the Commission a locality notice, the person may give the Commission one or more further notices in writing stating that the locality notice is to have effect as if there were…
Section 95ZPA — Disclosure of protected information to the Energy Department
(1) An authorised entrusted person may disclose protected information to the Energy Department if the Chairperson is satisfied that the information will enable or assist an officer of the Energy…
Section 95AB — Commission may withdraw the benefit of class exemption in particular case
(1) The Commission may give a person a written notice if: (a) a determination in force under section 95AA specifies a kind of conduct; and (b) the Commission is satisfied that particular conduct of…
Section 95B — Exempt supplies
(1) The Minister, or the Commission with the approval of the Minister, may by notice published in the Gazette declare a supply of goods or services of a specified description, that is a supply in a…
Section 95ZB — Applicable period in relation to a locality notice
(1) The applicable period in relation to a locality notice is the period (the price-freeze period) of 21 days starting on the day on which the notice was given. (2) However, the Commission may, with…
Section 95AC — Exceptional circumstances class exemptions
(1) If a declaration mentioned in subsection (2) is in force, the Commission may, in writing, determine that one or more specified provisions of Division 1 or 2 of Part IV do not apply to a kind of…
Section 95C — Application of Part
This Part applies in relation to the supply of goods or services: (a) by a Commonwealth authority; or (b) by a foreign corporation; or (c) by a trading corporation in the course of, or for the…
Section 95ZC — Register of price notifications
Keeping of register (1) The Commission must keep, at such place as it thinks fit, a register for the purposes of this section. Information on the register (2) If a person has given the Commission a…
Section 95AD — Commission may withdraw the benefit of exceptional circumstances class exemptions in particular case
(1) The Commission may give a person a written notice if: (a) a determination in force under section 95AC specifies a kind of conduct; and (b) the Commission considers that: (i) conduct of that kind…
Section 95D — Crown to be bound
(1) This Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (2) Nothing in this Part makes the Crown liable…
Section 95ZD — Delegation by Commission
(1) The Commission may, by writing, delegate to a member of the Commission: (a) the Commission’s price notification powers in relation to specified locality notices; and (b) the Commission’s power…
Section 95AE — Minister may declare exceptional circumstances
(1) The Minister may, by legislative instrument, make a declaration under this section if the Minister is satisfied that: (a) either: (i) exceptional circumstances that are causing significant harm…
Section 95E — Object of this Part
The object of this Part is to have prices surveillance applied only in those markets where, in the view of the Minister, competitive pressures are not sufficient to achieve efficient prices and…
Section 95ZE — Directions to monitor prices, costs and profits of an industry
(1) The Minister may give the Commission a written direction: (a) to monitor prices, costs and profits relating to the supply of goods or services by persons in a specified industry; and (b) to give…
Section 95AF — Extension of declaration of exceptional circumstances
(1) The Minister may, by legislative instrument, extend the operation of a declaration under section 95AE if the Minister is satisfied that the exceptional circumstances mentioned in subparagraph…
Section 95F — Simplified overview of this Part
(1) This Part deals with 3 main things. Price inquiries (2) First, it provides for the Commission or another body to hold price inquiries in relation to the supply of goods or services. (3) These…
Section 95ZF — Directions to monitor prices, costs and profits of a business
(1) The Minister may give the Commission a written direction: (a) to monitor prices, costs and profits relating to the supply of goods or services by a specified person; and (b) to give the Minister…
Section 95G — Commission’s functions under this Part
(1) The Commission’s functions under this Part are set out in this section. Price inquiries (2) The Commission is to hold such inquiries as it is required to hold under section 95H. (3) The…
Section 95ZG — Exceptions to price monitoring
Exempt supplies (1) The Minister must not direct the Commission under this Division to monitor prices, costs and profits relating to a supply of goods or services of a particular description that is…
Section 95H — Price inquiries
Inquiries by Commission (1) The Minister may, by notice in writing given to the Chairperson, require the Commission to hold an inquiry into a specified matter or specified matters. (2) The Minister…
Section 95ZH — Ministerial directions
Commission (1) The Minister may, by notice in writing give to the Chairperson, direct the Commission to give special consideration to a specified matter or matters in exercising its powers and…
Section 95ZI — Inquiries by an unincorporated body or a group of 2 or more individuals
(1) This section applies to inquiries by an unincorporated body or a group of 2 or more individuals. (2) The regulations may make provision for and in relation to the manner in which the…
Section 95J — Content of inquiry notices
Description of goods or services (1) An inquiry notice must specify the description of the goods or services in relation to which the inquiry is to be held. Supply of goods or services by particular…
Section 95ZJ — Withdrawal of notices
Commission (1) The Commission may give a person a notice (the withdrawal notice) in writing withdrawing a notice it previously gave the person under this Part (other than this section). (2) If the…
Section 95K — Period for completing inquiry
Inquiry period (1) An inquiry notice must specify the period within which the inquiry is to be completed and a report on the inquiry is to be given to the Minister. (2) The inquiry body must complete…
Section 95ZK — Power to obtain information or documents
Notice by Commission (1) If the Chairperson has reason to believe that a person is capable of giving information or producing documents relevant to: (a) the Commission considering the matters…
Section 95L — Notice of holding of inquiry
General notice (1) An inquiry body must, by notifiable instrument, give notice of an inquiry it is to hold. Notice to particular person or persons (3) If the inquiry is to be held in relation to the…
Section 95ZL — Inspection of documents etc.
Members or staff members (1) A member of the Commission, or a member of the staff of the Commission, may inspect documents: (a) given to the Commission for the purposes of the exercise of its powers…
Section 95M — Notice of extension of period for completing inquiry
If: (a) an inquiry is being held in relation to the supply of goods or services of a particular description by a particular person or persons; and (b) the Minister extends, or further extends, the…
Section 95ZM — Retention of documents
(1) The Commission, or a body other than the Commission, may retain a document given or produced to it as mentioned in section 95ZL. It may retain the document for such reasonable period as it thinks…
Section 95N — Price restrictions
(1) This section applies if an inquiry body gives a person a business notice stating that it is to hold an inquiry in relation to the supply by the person of goods or services of a particular…
Section 95ZN — Confidential information
(1) This section applies if a person claims that disclosure of the following information would damage the competitive position of the person: (a) information made available, or to be made available,…
Section 95ZO — Immunity
Members or associate members of the Commission (1) A member of the Commission, or an associate member of the Commission, has, in the performance of his or her functions or the exercise of his or her…
Section 95P — Copies of report to be made available
Inquiry into supply of goods or services by particular persons (1) For an inquiry held in relation to the supply of goods or services by a particular person or persons, the inquiry body must send the…
Section 95ZP — Secrecy: members or staff members of the Commission etc.
Offence (1) An entrusted person commits an offence if: (a) the person: (i) makes a copy or other record of any protected information or of all or part of any protected document; or (ii) discloses any…
Section 95Q — Notification of proposed prices after receipt of report
(1) This section applies if a person receives a copy of a report on an inquiry held in relation to the supply by the person of goods or services of a particular description. Price notification (2)…
Section 95ZQ — Secrecy: persons involved in inquiries by bodies other than the Commission
Offence (1) An external person commits an offence if: (a) the person: (i) makes a copy or other record of any protected information or of all or part of any protected document; or (ii) discloses any…
Section 95R — Public inquiries etc.
Public inquiries (1) An inquiry body must hold an inquiry in public, unless the Minister directs otherwise. Taking of evidence (2) The inquiry body may take evidence in private at an inquiry held in…
Section 95S — Taking of evidence on oath or affirmation
Evidence on oath or affirmation (1) An inquiry body may take evidence at an inquiry on oath or affirmation. (2) An oath or affirmation may be administered by: (a) in an inquiry by the Commission—a…