Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 138B — Conferring jurisdiction on State and Territory Courts
(1) Jurisdiction is conferred on the several courts of the States and Territories in relation to any matter arising under this Part or the Australian Consumer Law in respect of which a civil…
Section 138C — Transfer of matters by the Federal Court
(1) Subject to subsection (2), if: (a) a civil proceeding instituted by a person (other than the Commonwealth Minister or the Commission) is pending in the Federal Court; and (b) a matter for…
Section 138D — Transfer of matters by a State or Territory court
(1) This section applies if: (a) a proceeding is pending in a court (other than the Supreme Court) of a State or a Territory; and (b) a matter for determination in the proceeding arises under this…
Section 138E — Transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 1)
(1) If: (a) a civil proceeding is pending in the Federal Court; and (b) a matter for determination in the proceeding arises under this Part or the Australian Consumer Law; the Federal Court may, on…
Section 139 — Liability for loss or damage suffered by a person other than an injured individual
(1) A manufacturer of goods is liable to compensate a person if: (a) the manufacturer supplies the goods in trade or commerce; and (b) the goods have a safety defect; and (c) an individual (other…
Section 139A — Terms excluding consumer guarantees from supplies of recreational services
(1) A term of a contract for the supply of recreational services to a consumer by a person is not void under section 64 of the Australian Consumer Law only because the term excludes, restricts or…
Section 139DA — Application of section 229 of the Australian Consumer Law to a person other than a body corporate
If, as a result of the operation of Part 2.4 of the Criminal Code, a person other than a body corporate is: (a) convicted of an offence (the relevant offence) against subsection 229(1) of the…
Section 139B — Conduct of directors, employees or agents of bodies corporate
(1) If, in a proceeding under this Part or the Australian Consumer Law in respect of conduct that is engaged in by a body corporate and to which this Part or the Australian Consumer Law applies, it…
Section 139C — Conduct of employees or agents of persons other than bodies corporate
(1) If, in a proceeding under this Part or the Australian Consumer Law in respect of conduct that is engaged in by a person (the principal) other than a body corporate and to which this Part or the…
Section 139D — Enforcement and recovery of certain fines
(1) If a person defaults in paying a fine that has been imposed on the person for an offence against a provision of Chapter 4 of the Australian Consumer Law or section 137G of this Act, a court may:…
Section 139E — Cessation of enforcement orders etc.
(1) Subject to this section, an enforcement order in relation to a fine ceases to have effect: (a) on payment of the fine; or (b) if the fine is not paid—on full compliance with the enforcement…
Section 139F — Compensation for acquisition of property
(1) If the operation of this Part (including Schedule 2 as applied by this Part) would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to…
Section 139G — Regulations
(1) The Governor-General may make regulations prescribing matters: (a) required or permitted by Schedule 2 to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving…
Section 140 — Definitions
In this Part: application law means: (a) a law of a participating jurisdiction that applies the applied Australian Consumer Law, either with or without modifications, as a law of the participating…
Section 140A — Object of this Part
The object of this Part is to facilitate the application of the Australian Consumer Law by participating States and participating Territories.
Section 140B — The applied Australian Consumer Law
The applied Australian Consumer Law consists of: (a) Schedule 2; and (b) the regulations made under section 139G of this Act.
Section 140C — Federal Court may exercise jurisdiction under application laws of Territories
The Federal Court may exercise jurisdiction (whether original or appellate) conferred on that Court by an application law of a Territory with respect to matters arising under the applied Australian…
Section 140D — Exercise of jurisdiction under cross-vesting provisions
This Part does not affect the operation of any other law of the Commonwealth, or any law of a State or Territory, relating to cross-vesting of jurisdiction.
Section 140E — Commonwealth consent to conferral of functions etc. on Commonwealth entities
(1) An application law may confer functions or powers, or impose duties, on a Commonwealth entity for the purposes of the applied Australian Consumer Law. Note: Section 140G sets out when such a law…
Section 140F — How duty is imposed
Application (1) This section applies if an application law purports to impose a duty on a Commonwealth entity. Note: Section 140G sets out when such a law imposes a duty on a Commonwealth entity.…
Section 140G — When an application law imposes a duty
For the purposes of this Part, an application law imposes a duty on a Commonwealth entity if: (a) the law confers a function or power on the entity; and (b) the circumstances in which the function or…
Section 140H — Application laws may operate concurrently with this Act
This Act is not intended to exclude the operation of any application law, to the extent that the application law is capable of operating concurrently with this Act.
Section 140J — No doubling-up of liabilities
(1) If: (a) an act or omission is an offence against this Act and is also an offence against an application law; and (b) the offender has been punished for the offence under the application law; the…
Section 140K — References in instruments to the Australian Consumer Law
(1) A reference in any instrument to the Australian Consumer Law is a reference to: (a) the Australian Consumer Law as applied under Division 2 of Part XI; and (b) the applied Australian Consumer…
Section 141 — Liability for loss or damage suffered by a person if land, buildings or fixtures are destroyed or damaged
(1) A manufacturer of goods is liable to compensate a person if: (a) the manufacturer supplies the goods in trade or commerce; and (b) the goods have a safety defect; and (c) land, buildings or…
Section 142 — Defences to defective goods actions
In a defective goods action, it is a defence if it is established that: (a) the safety defect in the goods that is alleged to have caused the loss or damage did not exist: (i) in the case of…
Section 143 — Time for commencing defective goods actions
(1) Subject to subsection (2), a person may commence a defective goods action at any time within 3 years after the time the person became aware, or ought reasonably to have become aware, of all of…
Section 144 — Liability joint and several
If 2 or more persons are liable under Division 1 for the same loss or damage, they are jointly and severally liable.
Section 145 — Survival of actions
A law of a State or a Territory about the survival of causes of action vested in persons who die applies to actions under Division 1.
Section 146 — No defective goods action where workers’ compensation law etc. applies
Division 1 does not apply to a loss or damage in respect of which an amount has been, or could be, recovered under a law of the Commonwealth, a State or a Territory that: (a) relates to workers’…
Section 147 — Unidentified manufacturer
(1) A person who: (a) wishes to institute a defective goods action; but (b) does not know who is the manufacturer of the goods to which the action would relate; may, by written notice given to a…
Section 148 — Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard
(1) If a person (however described) against whom a defective goods action is brought raises the defence that the goods had the alleged safety defect only because there was compliance with a…
Section 149 — Representative actions by the regulator
(1) The regulator may, by application, commence a defective goods action on behalf of one or more persons identified in the application who have suffered the loss or damage in relation to which the…
Section 150 — Application of all or any provisions of this Part etc. not to be excluded or modified
(1) Any term of a contract (including a term that is not set out in the contract but is incorporated in the contract by another term) that purports to exclude, restrict or modify, or has the effect…
Section 150A — Definitions
In this Part, unless the contrary intention appears: application law means: (a) a law of a participating jurisdiction that applies the Competition Code, either with or without modifications, as a law…
Section 150FA — How duty is imposed
Application (1) This section applies if an application law purports to impose a duty on a Commonwealth entity. Note: Section 150FB sets out when such a law imposes a duty on a Commonwealth entity.…
Section 150FAA — Imposing a duty under State or Territory law
(1) This section: (a) applies only for the purposes of the application of the provisions of the Competition Code or another law of the Commonwealth (with or without modification) as a law of a…
Section 150B — Objects of this Part
The objects of this Part are: (a) to facilitate the application of the Competition Code by participating Territories; and (b) to facilitate the application of the Competition Code by participating…
Section 150FB — When an application law imposes a duty
For the purposes of sections 150F and 150FA, an application law imposes a duty on a Commonwealth entity if: (a) the law confers a function or power on the entity; and (b) the circumstances in which…
Section 150C — The Competition Code
(1) The Competition Code consists of: (a) the Schedule version of Part IV; (b) the remaining provisions of this Act (except sections 2A, 5, 6 and 172), so far as they would relate to the Schedule…
Section 150D — Federal Court may exercise jurisdiction under application laws of Territories
The Federal Court may exercise jurisdiction (whether original or appellate) conferred on that Court by an application law of a Territory with respect to matters arising under the Competition Code.
Section 150E — Exercise of jurisdiction under cross-vesting provisions
This Part does not affect the operation of any other law of the Commonwealth, or any law of a State or Territory, relating to cross-vesting of jurisdiction.
Section 150F — Commonwealth consent to conferral of functions etc. on Commonwealth entities
(1) An application law may confer functions or powers, or impose duties, on a Commonwealth entity for the purposes of the Competition Code. Note: Section 150FB sets out when such a law imposes a duty…
Section 150G — Application laws may operate concurrently with this Act
This Act is not intended to exclude the operation of any application law, to the extent that the application law is capable of operating concurrently with this Act.
Section 150H — No doubling-up of liabilities
(1) If: (a) an act or omission is an offence against this Act and is also an offence against an application law; and (b) the offender has been punished for the offence under the application law; the…
Section 150I — References in instruments to the Competition Code
(1) A reference in any instrument to the Competition Code is a reference to the Competition Codes of any or all of the participating jurisdictions. (2) Subsection (1) has effect except so far as the…
Section 150J — Authorisations etc. under this Act may relate also to Competition Code
The validity of an authorisation, notification, determination or any other thing given or done for the purposes of this Act is not affected only because it was given or done also for the purposes of…
Section 150K — Gazettal of jurisdictions that excessively modify the Code
(1) If the Minister is satisfied that the laws of a participating jurisdiction have made significant modifications to the Competition Code in its application to persons within the legislative…
Section 151 — False or misleading representations about goods or services
(1) A person commits an offence if the person, 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…
Section 151AA — Simplified outline
The following is a simplified outline of this Part: • This Part sets up a special regime for regulating anti-competitive conduct in the telecommunications industry. The regime applies in addition to…