Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 95T — Failure of witness to attend
(1) A person commits an offence if: (a) the person is given a summons to appear as a witness at an inquiry; and (b) the person fails to attend as required by the summons or fails to appear and report…
Section 95U — Refusal to be sworn or to answer question
(1) A person appearing as a witness at an inquiry must not: (a) refuse or fail to swear an oath or to make an affirmation if required to do so by: (i) in an inquiry by the Commission—a member of the…
Section 95V — Protection of witnesses
Subject to this Part, a person summoned to attend or appearing as a witness at an inquiry has the same protection, and is, in addition to the penalties provided by this Part, subject to the same…
Section 95W — Allowances to witnesses
(1) A witness summoned under this Part to appear at an inquiry is entitled to be paid such allowances for his or her travelling, and such other expenses, as are prescribed by the regulations. (2) The…
Section 95X — Declarations by Minister or Commission
Notified goods or services (1) The Minister, or the Commission with the approval of the Minister, may by notice published in the Gazette declare goods or services of a specified description to be…
Section 95Y — Declarations in relation to State or Territory authorities
(1) The Minister must not make or approve a declaration of a State or Territory authority under section 95X unless: (a) the appropriate Minister of the State or Territory concerned has agreed to the…
Section 95Z — Price restrictions
Offence: previous local supply (1) A person commits an offence if: (a) the person is a declared person in relation to notified goods or services; and (b) the person supplies (the current supply)…
Section 96 — Acts constituting engaging in resale price maintenance
(1) Subject to this Part, a corporation (in this section called the supplier) engages in the practice of resale price maintenance if that corporation does an act referred to in any of the paragraphs…
Section 96A — Resale price maintenance in relation to services
(1) This Part applies to conduct in relation to services in a way that corresponds to the way it applies to conduct in relation to goods. (2) For the purposes of subsection (1), this Part is to be…
Section 97 — Recommended prices
For the purposes of paragraph 96(3)(b), the supplier is not to be taken as inducing, or attempting to induce, a second person as mentioned in that paragraph in relation to any goods: (a) by reason…
Section 98 — Withholding the supply of goods
(1) For the purposes of paragraph 96(3)(d) or (e), the supplier shall be deemed to withhold the supply of goods to another person if: (a) the supplier refuses or fails to supply those goods to, or as…
Section 99 — Statements as to the minimum price of goods
(1) For the purposes of paragraph 96(3)(f), if: (a) a statement is applied to goods, whether by being woven in, impressed on, worked into or annexed or affixed to the goods or otherwise; (b) a…
Section 99A — Meaning of gift card
A gift card is: (a) an article (whether in physical or electronic form) that: (i) is of a kind that is commonly known as a gift card or gift voucher; and (ii) is redeemable for goods or services; or…
Section 99B — Gift cards to be redeemable for at least 3 years
(1) A person must not, in trade or commerce, supply a gift card to a consumer if the day that the gift card ceases to be redeemable is earlier than 3 years after the day of that supply. Note: A…
Section 99C — When gift card ceases to be redeemable to appear prominently on gift card
A person must not, in trade or commerce, supply a gift card to a consumer if one of the following does not appear prominently on the gift card: (a) the date the gift card ceases to be redeemable; (b)…
Section 99D — Terms and conditions not to allow post-supply fees
(1) A person must not, in trade or commerce, supply a gift card to a consumer if the terms or conditions (however described) of the gift card allow or require the payment of a post-supply fee in…
Section 99E — Post-supply fees not to be demanded or received
A person must not, in trade or commerce, demand or receive payment of a post-supply fee in relation to a gift card. Note: A pecuniary penalty may be imposed for a contravention of this subsection.
Section 99F — Certain terms and conditions of gift card void
(1) A term or condition (however described) of a gift card is void if it has the effect of, or purports to have the effect of: (a) allowing or requiring the payment of a post-supply fee in relation…
Section 99G — Regulations may limit application of this Division
The regulations may provide that some or all of the provisions of this Division do not apply to or in relation to: (a) gift cards of a kind prescribed by the regulations; or (b) persons of a kind…
Section 100 — Supplier must provide proof of transaction etc.
(1) If: (a) a person (the supplier), in trade or commerce, supplies goods or services to a consumer; and (b) the total price (excluding GST) of the goods or services is $75 or more; the supplier must…
Section 100A — Applications for review
(1) This section applies if a provision of this Act provides that a person may apply under this Division for review of a decision of the Commission. (2) The person may: (a) as determined under…
Section 100B — Functions and powers of Tribunal
(1) On a review under section 100A, the Tribunal: (a) may make a decision affirming, setting aside or varying the decision of the Commission; and (b) for the purposes of the review, may perform all…
Section 100C — Applications for review
(1) A person dissatisfied with an acquisition determination in respect of a notification of an acquisition may: (a) as determined under subsection (2); and (b) before the end of 14 days after the…
Section 100D — Further information and documents in relation to applications
(1) An applicant for review under this Division must give to the Tribunal the information or documents that are determined under subsection (2) in relation to the application for the purposes of this…
Section 100E — Applicants may withdraw applications
(1) The applicant may, at any time, by giving written notice to the Tribunal, withdraw an application for review made to the Tribunal under subsection 100C(1). (2) If the application is withdrawn, a…
Section 100F — Tribunal may dismiss applications if parties consent
The Tribunal may, at any time, dismiss an application for review made to the Tribunal under subsection 100C(1) if the Tribunal has the consent of the participants in the proceedings for review.
Section 100G — Tribunal may dismiss applications if fees not paid
The Tribunal may dismiss an application for review made to the Tribunal under subsection 100C(1) if a fee payable by the applicant to the Tribunal in respect of the application is not paid by the…
Section 100H — Tribunal may dismiss applications if applicants fail to comply with order etc.
The Tribunal may dismiss an application for review made to the Tribunal under subsection 100C(1) if the applicant fails to comply with: (a) this Act; or (b) an order of the Tribunal in relation to…
Section 100J — Tribunal may dismiss application if frivolous, vexatious etc.
The Tribunal may, at any time, dismiss an application made to the Tribunal under subsection 100C(1) if the Tribunal is satisfied that the application: (a) is frivolous, vexatious, misconceived or…
Section 100K — Certain participants may seek to withdraw from being participants
General rule (1) The Tribunal may order that a participant in a proceeding before the Tribunal under this Division ceases to be a participant in the proceeding if the participant gives written notice…
Section 100L — Notice of withdrawals and dismissals
If, under this Subdivision: (a) an applicant withdraws an application for review; or (b) the Tribunal dismisses an application; the Tribunal must give the Commission and each participant in the…
Section 100M — Tribunal not to review determinations while Commission considering public benefit applications
Applications for review (1) A person must not apply under subsection 100C(1) for review of an acquisition determination made under subsection 51ABZE(1) in respect of a notification of an acquisition…
Section 100N — Functions and powers of Tribunal
(1) On a review of an acquisition determination under this Division, the Tribunal: (a) may make a determination affirming, setting aside or varying the determination; and (b) for the purposes of the…
Section 100P — Time within which Tribunal must make determination on review
(1) The Tribunal must not make its determination on a review of an acquisition determination under this Division earlier than the 45th day after the day the Commission makes the acquisition…
Section 100Q — Technical experts
For the purposes of a review under this Division, the Tribunal: (a) may, in such manner as it sees fit: (i) ask questions of a technical expert; or (ii) seek information, documents or evidence from a…
Section 100R — Commission information
(1) For the purposes of a review under this Division, the member of the Tribunal presiding at the review may require the Commission to give such information, make such reports and provide such other…
Section 100S — Information gathering etc.
(1) For the purposes of a review under this Division, the Tribunal: (a) may consult, in such a manner as it sees fit, any consumer associations or consumer interest groups; and (b) may have regard to…
Section 100T — Information etc. to which Tribunal may have regard
Despite section 100N, the Tribunal must not, for the purposes of a review under this Division, have regard to any information, documents or evidence other than: (a) information that was referred to…
Section 101 — Applications for review
(1) A person dissatisfied with a determination by the Commission under Division 1 of Part VII: (a) in relation to an application for an authorisation or a minor variation of an authorisation; or (b)…
Section 101A — Application for review of notices under Division 2 of Part VII
A person dissatisfied with the giving of a notice by the Commission under subsection 93(3), (3A) or (3B), 93AAA(1), 93AC(1), (2) or (2A), 93ACA(1), 93AD(5) or 93AG(7) may, as prescribed and within…
Section 101B — Application for review of notice under section 95AB
(1) A person dissatisfied with the giving of a notice under section 95AB may, as prescribed and within the time allowed by or under the regulations, apply to the Tribunal for a review of the giving…
Section 102 — Functions and powers of Tribunal
(1) On a review of a determination of the Commission under Division 1 of Part VII in relation to: (a) an application for an authorisation; or (b) an application for a minor variation of an…
Section 102A — Reviews are re-hearings
A review by the Tribunal under this Part is a re-hearing of the matter, unless it is a review of: (a) a determination by the Commission: (i) in relation to an application for a merger authorisation…
Section 103 — Procedure generally
(1) In proceedings before the Tribunal: (a) the procedure of the Tribunal is, subject to this Act and the regulations, within the discretion of the Tribunal; (b) the proceedings shall be conducted…
Section 104 — Making safety standards for consumer goods and product related services
(1) The Commonwealth Minister may, by written notice, for the purposes of preventing or reducing the risk of injury to any person, make a safety standard for one or both of the following: (a)…
Section 105 — Power to take evidence on oath
(1) The Tribunal may take evidence on oath or affirmation and for that purpose a member of the Tribunal may administer an oath or affirmation. (2) A member of the Tribunal may summon a person to…
Section 106 — Supplying etc. consumer goods that do not comply with safety standards
(1) A person must not, in trade or commerce, supply consumer goods of a particular kind if: (a) a safety standard for consumer goods of that kind is in force; and (b) those goods do not comply with…
Section 107 — Supplying etc. product related services that do not comply with safety standards
(1) A person must not, in trade or commerce, supply product related services of particular kind if: (a) a safety standard for services of that kind is in force; and (b) those services do not comply…
Section 108 — Requirements relating to alternative methods of complying
(1) This section applies if: (a) a safety standard for consumer goods, or product related services, of a particular kind is in force; and (b) the standard specifies, as alternative methods of…
Section 108A — Requirement to give information or documents
If: (a) a safety standard for consumer goods, or product related services, of a particular kind is in force; and (b) a person, in trade or commerce: (i) has supplied, or offered for supply, goods or…