Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 133H — Court orders relating to consumer goods that do not comply with a safety standard etc.
(1) If a court is satisfied that: (a) a person possesses or has control of consumer goods of a particular kind; and (b) any of the following apply: (i) the consumer goods do not comply with a safety…
Section 133J — Recovery of reasonable costs of seizing, and destroying or disposing of, consumer goods
(1) If an inspector seizes, and destroys or otherwise disposes of, consumer goods in accordance with an order made under subsection 133H(1): (a) the person from whom the consumer goods were seized;…
Section 134 — Making information standards for goods and services
(1) The Commonwealth Minister may, by written notice, make an information standard in relation to the provision of information for one or both of the following: (a) goods of a particular kind; (b)…
Section 134A — Issuing an infringement notice
(1) If the Commission has reasonable grounds to believe that a person has contravened an infringement notice provision, the Commission may issue an infringement notice to the person. (2) Each of the…
Section 134B — Matters to be included in an infringement notice
An infringement notice must: (a) be identified by a unique number; and (b) state the day on which it is issued; and (c) state the name and address of the person to whom it is issued; and (d) identify…
Section 134C — Amount of penalty
The penalty to be specified in an infringement notice that is to be issued to a person, in relation to an alleged contravention of a provision of the Australian Consumer Law, must be a penalty equal…
Section 134D — Effect of compliance with an infringement notice
(1) This section applies if: (a) an infringement notice for an alleged contravention of an infringement notice provision is issued to a person; and (b) the person pays the penalty specified in the…
Section 134E — Effect of failure to comply with an infringement notice
If: (a) an infringement notice for an alleged contravention of an infringement notice provision is issued to a person; and (b) the person fails to pay the penalty specified in the infringement notice…
Section 134F — Infringement notice compliance period for infringement notice
(1) Subject to this section, the infringement notice compliance period for an infringement notice is the period of 28 days beginning on the day after the day on which the infringement notice is…
Section 134G — Withdrawal of an infringement notice
Representations to the Commission (1) The person to whom an infringement notice has been issued for an alleged contravention of an infringement notice provision may make written representations to…
Section 135 — Inspector may enter premises
Consumer goods (1) If an inspector has reason to believe that: (a) consumer goods of a particular kind will or may cause injury to any person; or (b) a reasonably foreseeable use (including a misuse)…
Section 135A — Search-related powers of inspectors
Search-related powers—consumer goods (1) The following are the search-related powers that an inspector may exercise, under subsection 135(1), in relation to premises in or from which the inspector…
Section 135B — Inspector may ask questions and seek production of documents
Entry with consent etc. (1) If an inspector enters premises because the occupier of the premises consents to the entry or in the circumstances referred to in paragraph 135(3)(c), the inspector may…
Section 135C — Failure to answer questions or produce documents
(1) A person commits an offence if: (a) the person is subject to a requirement under subsection 135B(2); and (b) the person fails to comply with the requirement. Penalty: (a) if the person is a body…
Section 135D — Persons assisting inspectors
Inspectors may be assisted by other persons (1) An inspector may, in entering premises under section 135 and in exercising search-related powers in relation to the premises, be assisted by other…
Section 135E — Use of force in executing a search warrant
In executing a search warrant, an inspector executing the warrant may use such force against persons and things as is necessary and reasonable in the circumstances.
Section 135F — Announcement before entry under warrant
(1) An inspector must, before entering premises under a search warrant: (a) announce that he or she is authorised to enter the premises; and (b) show his or her identity card to the occupier of the…
Section 135G — Inspector must be in possession of search warrant
If a search warrant is being executed in relation to premises, an inspector executing the warrant must be in possession of: (a) the warrant issued under section 135Z or a copy of that warrant; or (b)…
Section 135H — Consent
(1) An inspector must, before obtaining the consent of an occupier of premises for the purposes of paragraph 135(3)(a), inform the occupier that the occupier may refuse consent. (2) A consent has no…
Section 135J — Details of search warrant etc. must be given to the occupier of the premises
If: (a) a search warrant is being executed in relation to premises; and (b) the occupier of the premises, or another person who apparently represents the occupier, is present at the premises; an…
Section 135K — Occupier etc. entitled to observe execution of search warrant
(1) If: (a) a search warrant is being executed in relation to premises; and (b) the occupier of the premises, or another person who apparently represents the occupier, is present at the premises; the…
Section 135L — Occupier etc. to provide inspector etc. with facilities and assistance
(1) A person commits an offence if: (a) the person is: (i) the occupier of premises to which a search warrant relates; or (ii) another person who apparently represents the occupier of those premises;…
Section 135M — Receipts for seized consumer goods and equipment
(1) If consumer goods are seized under a search warrant, an inspector must provide a receipt for the goods. (2) If equipment is seized under a search warrant, an inspector must provide a receipt for…
Section 135N — Return of seized consumer goods and equipment
(1) Subject to any order under section 135P, if an inspector seizes consumer goods or equipment under a search warrant, the inspector must take reasonable steps to return the consumer goods or…
Section 135P — Judge may permit consumer goods or equipment to be retained
(1) An inspector who has seized consumer goods or equipment under a search warrant may, before the end of the period referred to in paragraph 135N(1)(b), apply to a judge of the Federal Court for an…
Section 135Q — Recovery of reasonable costs of seizing consumer goods or equipment
(1) If an inspector seizes consumer goods or equipment under a search warrant: (a) the person from whom the consumer goods were seized, or the equipment was seized; or (b) if that person is not…
Section 135R — Destruction or disposal of seized consumer goods or equipment
(1) If: (a) an inspector seizes consumer goods, or equipment used to supply product-related services, under a search warrant; and (b) apart from this section, the inspector is required to return the…
Section 135S — Embargo notices
(1) An inspector who enters premises under a search warrant may give an embargo notice to the occupier of the premises. (2) The inspector may give the notice to the occupier of the premises: (a) by…
Section 135T — Embargo period for embargo notices
Embargo period (1) Subject to this section, the embargo period for an embargo notice must not be longer than: (a) if the inspector giving the notice secures consumer goods under section 135V or…
Section 135U — Multiple embargo notices for the same consumer goods or product related services
An inspector must not give an embargo notice in relation to consumer goods, or product related services, of a particular kind if: (a) an embargo notice (the earlier embargo notice) has already been…
Section 135V — Power of inspectors to secure consumer goods
If: (a) an embargo notice relates to consumer goods; and (b) the inspector who gives the notice believes on reasonable grounds that it is necessary to secure the consumer goods in order to ensure…
Section 135W — Power of inspectors to secure equipment used to supply product related services
If: (a) an embargo notice relates to product related services; and (b) the inspector who gives the notice believes on reasonable grounds that it is necessary to secure equipment used to supply the…
Section 135X — Consent to supply etc. embargoed consumer goods etc.
(1) If an embargo notice relating to consumer goods has been given, the owner of the goods or another person who has an interest in the goods may, in writing, request consent to do any of the…
Section 135Y — Compliance with embargo notices
(1) A person commits an offence if: (a) the person knows that an embargo notice has been given; and (b) the person, contrary to the embargo notice, does an act or omits to do an act. Penalty: (a) if…
Section 135Z — Issue of search warrants
Application for warrant (1) An inspector may apply to a judge of the Federal Court for a warrant in relation to premises. Issue of warrant (2) The judge may issue the warrant if: (a) an affidavit has…
Section 136 — Search warrants by telephone, fax etc.
Application for warrant (1) An inspector may apply to a judge of the Federal Court by telephone, fax or other electronic means for a warrant under section 135Z in relation to premises if the…
Section 136A — Offence relating to warrants by telephone, fax etc.
An inspector commits an offence if the inspector: (a) states in a document that purports to be a form of warrant under section 136 the name of a judge unless that judge signed the warrant; or (b)…
Section 136B — Powers of judges
Powers conferred personally (1) A power conferred on a judge by this Division is conferred on the judge: (a) in a personal capacity; and (b) not as a court or a member of a court. Powers need not be…
Section 137 — Limit on occupational liability
State or Territory professional standards law limits liability (1) A professional standards law of a State or Territory applies to limit occupational liability relating to an action for a…
Section 137A — Contributory acts or omissions to reduce compensation in defective goods actions
(1) If the loss or damage to which a defective goods action under section 138 or 139 of the Australian Consumer Law relates was caused by both: (a) an act or omission of: (i) the individual who…
Section 137AA — Other non-compliance with information standards
(1) A person contravenes this section if: (a) an information standard for goods or services of a particular kind is in force; and (b) the person, in trade or commerce, has supplied, or offered for…
Section 137B — Reduction of the amount of loss or damage if the claimant fails to take reasonable care
If: (a) a person (the claimant) makes a claim under subsection 236(1) of the Australian Consumer Law in relation to economic loss, or damage to property, suffered by the claimant because of the…
Section 137C — Limits on recovery of amounts for death or personal injury
(1) A person is not entitled to recover an amount of loss or damage by action under subsection 236(1) of the Australian Consumer Law to the extent to which: (a) the action would be based on the…
Section 137D — Compensation orders etc. arising out of unconscionable conduct or unfair contract term
In determining whether to make an order under subsection 237(1) or 238(1) of the Australian Consumer Law in relation to a contravention of a provision of Part 2-2 or 2-3 of the Australian Consumer…
Section 137E — Limits on compensation orders etc. for death or personal injury
(1) A court must not make an order under subsection 237(1) or 238(1) of the Australian Consumer Law to compensate a person for loss or damage the person suffers because of the conduct of another…
Section 137F — Court may make orders for the purpose of preserving money or other property held by a person
(1) A court may, on the application of the Commonwealth Minister or the Commission, make an order or orders mentioned in subsection (3) if: (a) proceedings of a kind referred to in subsection (2)…
Section 137G — Compliance with orders made under section 137F
(1) A person commits an offence if: (a) an order made under section 137F applies to the person; and (b) the person contravenes, or refuses or fails to comply with, the order. Penalty: (a) if the…
Section 137H — Findings and admissions of fact in proceedings to be evidence
(1) In: (a) an action against a person under subsection 236(1) of the Australian Consumer Law; or (b) proceedings for an order against a person under subsection 237(1), 239(1), 243A(1) or 243B(1) of…
Section 138 — Liability for loss or damage suffered by an injured individual
(1) A manufacturer of goods is liable to compensate an individual if: (a) the manufacturer supplies the goods in trade or commerce; and (b) the goods have a safety defect; and (c) the individual…
Section 138A — Conferring jurisdiction on the Federal Circuit and Family Court of Australia (Division 2)
(1) Subject to this section, jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division 2) in relation to any matter arising under this Part or the Australian Consumer…