Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 109 — Interim bans on consumer goods or product related services that will or may cause injury to any person etc.
(1) A responsible Minister may, by written notice published on the internet, impose an interim ban on consumer goods of a particular kind if: (a) it appears to the responsible Minister that: (i)…
Section 110 — Representation
In proceedings before the Tribunal: (a) a natural person may appear in person; (aa) a person other than a body corporate may be represented by an employee of the person approved by the Tribunal; (b)…
Section 111 — Ban period for interim bans
(1) An interim ban imposed by a responsible Minister is in force during the period (the ban period) that: (a) starts on the day (the start day) specified in the notice imposing the ban; and (b)…
Section 112 — Tribunal may charge fees
(1) For the purposes of Division 1A or 1B, the Tribunal may, on behalf of the Commonwealth, charge fees determined under subsection (2) for the purposes of this subsection. (2) The Minister may, by…
Section 113 — Standing of Commission to seek judicial review
(1) This section extends (and does not limit) the meaning of the term person aggrieved in the Administrative Decisions (Judicial Review) Act 1977 for the purposes of the application of that Act in…
Section 114 — Permanent bans on consumer goods or product related services
(1) The Commonwealth Minister may, by written notice published on the internet, impose a permanent ban on consumer goods of a particular kind if: (a) one or more interim bans on consumer goods of…
Section 115 — Places in which permanent bans apply
A permanent ban applies in all States and Territories.
Section 116 — When permanent bans come into force
A permanent ban comes into force on the day specified by the Commonwealth Minister in the instrument imposing the ban.
Section 117 — Revocation of permanent bans
If the Commonwealth Minister imposes a permanent ban: (a) the Commonwealth Minister may, by written notice published on the internet, revoke the ban at any time; and (b) the ban ceases to be in force…
Section 118 — Supplying etc. consumer goods covered by a ban
(1) A person must not, in trade or commerce, supply consumer goods of a particular kind if: (a) an interim ban on consumer goods of that kind is in force in the place where the supply occurs; or (b)…
Section 119 — Supplying etc. product related services covered by a ban
(1) A person must not, in trade or commerce, supply product related services of a particular kind if: (a) an interim ban on services of that kind is in force in the place where the supply occurs; or…
Section 120 — Temporary exemption under the Trans-Tasman Mutual Recognition Act 1997
(1) If: (a) an interim ban on consumer goods of a particular kind is in force; or (b) a permanent ban on consumer goods of a particular kind is in force; the goods are taken, for the purposes of…
Section 121 — Temporary exemption under the Mutual Recognition Act 1992
(1) If: (a) an interim ban on consumer goods of a particular kind is in force; and (b) the interim ban was not imposed by the Commonwealth Minister; the goods are taken, for the purposes of section…
Section 122 — Compulsory recall of consumer goods
(1) A responsible Minister may, by written notice published on the internet, issue a recall notice for consumer goods of a particular kind if: (a) a person, in trade or commerce, supplies consumer…
Section 123 — Contents of a recall notice
(1) A recall notice for the consumer goods may require one or more suppliers of the goods, or (if no such supplier is known to the responsible Minister who issued the notice) the regulator, to take…
Section 124 — Obligations of a supplier in relation to a recall notice
(1) This section applies if a recall notice for consumer goods requires a supplier to take action of a kind referred to in section 123(1)(c). (2) If the supplier undertakes to repair the consumer…
Section 125 — Notification by persons who supply consumer goods outside Australia if there is compulsory recall
(1) If consumer goods of a particular kind are recalled as required by a recall notice, a person who has supplied or supplies those consumer goods to a person outside Australia must give the person…
Section 126 — Interaction of multiple recall notices
If: (a) a recall notice (the original recall notice) for consumer goods of a particular kind (the recalled goods) is issued by a responsible Minister other than the Commonwealth Minister; and (b)…
Section 127 — Compliance with recall notices
(1) If: (a) a recall notice for consumer goods is in force; and (b) the notice requires a person (other than the regulator) to do one or more things; the person must comply with the notice. Note: A…
Section 128 — Notification requirements for a voluntary recall of consumer goods
(1) This section applies if a person voluntarily takes action to recall consumer goods of a particular kind (including consumer goods that have become fixtures since being supplied) because: (a) the…
Section 129 — Safety warning notices about consumer goods and product related services
(1) A responsible Minister may publish on the internet a written notice containing one or both of the following: (a) a statement that consumer goods of a kind specified in the notice are under…
Section 130 — Definitions
In this Part: associate: a person (the first person) is an associate of another person if: (a) the first person holds money or other property on behalf of the other person; or (b) if the other person…
Section 130A — Expressions defined in Schedule 2
An expression has the same meaning in this Part as in Schedule 2.
Section 131 — Suppliers to report consumer goods associated with the death or serious injury or illness of any person
(1) If: (a) a person (the supplier), in trade or commerce, supplies consumer goods; and (b) the supplier becomes aware of the death or serious injury or illness of any person and: (i) considers that…
Section 131A — Division does not apply to financial services
(1) Despite section 131, this Division does not apply, other than in relation to the following provisions of Schedule 2 as they apply as a law of the Commonwealth, to the supply, or possible supply,…
Section 131B — Division does not apply to interim bans imposed by State or Territory Ministers
Despite section 131, this Division does not apply to an interim ban that is not imposed by the Commonwealth Minister.
Section 131C — Saving of other laws and remedies
(1) This Part is not intended to exclude or limit the concurrent operation of any law, whether written or unwritten, of a State or a Territory. (2) Section 73 of the Australian Consumer Law does not…
Section 131D — Effect of Part VIB on Chapter 5 of the Australian Consumer Law
Chapter 5 of the Australian Consumer Law has effect subject to Part VIB.
Section 131E — Application of the Legislation Act 2003
(1) The following instruments made under the Australian Consumer Law by the Commonwealth Minister are to be made by legislative instrument: (a) a determination under subsection 66(1) (display…
Section 131F — Section 4AB of the Crimes Act does not apply
Section 4AB of the Crimes Act 1914 does not apply to any provision of this Part or the Australian Consumer Law.
Section 131G — Application of the Criminal Code
Corporate criminal responsibility (1) Part 2.5 of the Criminal Code does not apply to an offence against this Part or the Australian Consumer Law. Mistake of fact defence (2) Section 9.2 of the…
Section 132 — Suppliers to report product related services associated with the death or serious injury or illness of any person
(1) If: (a) a person (the supplier), in trade or commerce, supplies product related services; and (b) the supplier becomes aware of the death or serious injury or illness of any person and: (i)…
Section 132A — Confidentiality of notices given under this Division
(1) A person must not disclose to any other person a notice given under this Division, or any part of or information contained in such a notice, unless the person who gave the notice has consented to…
Section 132B — Commonwealth Minister to be notified if no person wishes a conference to be held
(1) If no person notifies the Commission in accordance with a proposed ban notice, or a proposed recall notice, that the person wishes the Commission to hold a conference, the Commission must, in…
Section 132C — Notification of conference
(1) If one or more persons notify the Commission in accordance with a proposed ban notice, or a proposed recall notice, that they wish the Commission to hold a conference, the Commission must: (a)…
Section 132D — Recommendation after conclusion of conference
(1) As soon as is practicable after the conclusion of a conference held under this Subdivision in relation to the proposed imposition of an interim ban or permanent ban, the Commission must: (a) by…
Section 132E — Opportunity for a conference after an interim ban has been imposed by the Commonwealth Minister
(1) This section applies if: (a) an interim ban on consumer goods of a particular kind, or on product related services of a particular kind, is in force; and (b) the interim ban was imposed by the…
Section 132F — Notification of conference
(1) If one or more persons notify the Commission in accordance with a notice published under subsection 132E(2) that they wish the Commission to hold a conference, the Commission must: (a) appoint a…
Section 132G — Recommendation after conclusion of conference
(1) As soon as is practicable after the conclusion of a conference held under this Subdivision in relation to an interim ban, the Commission must: (a) by written notice given to the Commonwealth…
Section 132H — Conduct of conferences
(1) At a conference held under Subdivision A or B of this Division: (a) the Commission must be represented by a member or members of the Commission who are nominated by the Chairperson; and (b) each…
Section 132J — Interim ban and recall notice without delay in case of danger to the public
(1) If it appears to the Commonwealth Minister that consumer goods of a particular kind create an imminent risk of death, serious illness or serious injury, he or she may, by written notice published…
Section 132K — Copy of notices under this Division to be given to suppliers
(1) If the Commonwealth Minister: (a) issues a proposed ban notice; or (b) issues a proposed recall notice; or (c) publishes a notice under subsection 132E(2); or (d) publishes a notice under…
Section 133 — Liability under a contract of insurance
If: (a) a contract of insurance between an insurer and a person relates to: (i) the recall of consumer goods that are supplied by the person, or which the person proposes to supply; or (ii) the…
Section 133A — Identity cards
(1) The Chairperson must issue an identity card to a person appointed as an inspector. Form of identity card (2) The identity card must: (a) contain the information prescribed by the regulations; and…
Section 133B — Power to enter premises to which the public has access—consumer goods
(1) An inspector may enter premises in or from which a person, in trade or commerce, supplies consumer goods, if the public has access to the premises at the time of entry, for the purpose of…
Section 133C — Power to enter premises to which the public has access—product related services
(1) An inspector may enter premises in or from which a person, in trade or commerce, supplies product related services, if the public has access to the premises at the time of entry, for the purposes…
Section 133D — Power to obtain information etc.
Consumer goods (1) The Commonwealth Minister or an inspector may give a disclosure notice to a person (the notice recipient) if the person giving the notice has reason to believe: (a) that the notice…
Section 133E — Self-incrimination
(1) A person is not excused from: (a) giving information or evidence; or (b) producing a document; as required by a disclosure notice given to the person on the ground that the information or…
Section 133F — Compliance with disclosure notices
(1) A person commits an offence if: (a) the person is given a disclosure notice; and (b) the person refuses or fails to comply with the notice. Penalty: (a) if the person is a body corporate—200…
Section 133G — False or misleading information etc.
A person commits an offence if: (a) the person gives information, evidence or a document in purported compliance with a disclosure notice; and (b) the person does so knowing that the information,…