Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 151AKA — Part A competition notices
Particular anti-competitive conduct (1) The Commission may issue a written notice stating that a specified carrier or carriage service provider has engaged, or is engaging, in a specified instance of…
Section 151AOA — Variation of competition notice
(1) If a competition notice is in force in relation to a carrier or carriage service provider, the Commission may vary the competition notice so long as the variation is of a minor nature. (2) If a…
Section 151AQA — Stay of proceedings relating to competition notices
(1) Paragraphs 15(1)(a) and (b) and 15A(1)(a) and (b) of the Administrative Decisions (Judicial Review) Act 1977 do not apply to a decision to issue a competition notice. (2) If a person applies to…
Section 151BA — Commission must grant or reject application
If the Commission receives an application for an exemption order, the Commission must either: (a) make the order; or (b) refuse to make the order.
Section 151BUA — Commission gives access to reports
(1) This section applies to a particular report given to the Commission by a carrier, or a carriage service provider, in accordance with the record-keeping rules. Criteria for disclosure (2) If the…
Section 151BUAA — Minister may give directions to Commission
(1) The Minister may, by legislative instrument, give a direction to the Commission in relation to the exercise of its powers under section 151BU, 151BUDA, 151BUDB or 151BUDC. (1A) The Minister may…
Section 151BUDA — Commission gives access to Ministerially-directed reports
(1) This section applies to a particular Ministerially-directed report given to the Commission by a carrier, or a carriage service provider, in accordance with the record-keeping rules. Public access…
Section 151CA — Injunctions
(1) Subject to subsection (3), if the Federal Court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute: (a) a contravention of the…
Section 151CMA — Public reports about competition in the telecommunications industry
(1) The Commission must monitor, and report to the Minister on, such matters relating to competition in the telecommunications industry as are specified in a determination made by the Minister for…
Section 151DA — Authorised conduct—subsection 51(1)
Objects (1) The objects of this section are: (a) to promote the national interest in structural reform of the telecommunications industry; and (b) to promote uniform national pricing of eligible…
Section 151AB — Definitions
In this Part, unless the contrary intention appears: anti-competitive conduct has the meaning given by section 151AJ. carriage service has the same meaning as in the Telecommunications Act 1997.…
Section 151AOB — Revocation of competition notice
(1) The Commission may revoke a competition notice. (2) If a competition notice is revoked, the Commission must give the carrier or carriage service provider concerned a written notice stating that…
Section 151AQB — Advisory notices
Issue of advisory notice (1) The Commission may give a carrier or carriage service provider a written notice (an advisory notice) advising the carrier or provider of the action it should take, or…
Section 151BB — Commission to give opportunity for submissions
Before making an exemption order, the Commission must give: (a) the applicant; and (b) any other person whom the Commission considers interested; a reasonable opportunity to make submissions to the…
Section 151BUAB — Request for disclosure
(1) A person may request the Commission to exercise its powers under: (a) section 151BUA or 151BUB in relation to a particular report; or (b) section 151BUC in relation to a particular series of…
Section 151BUB — Carrier or carriage service provider gives access to reports
(1) This section applies to a report prepared by a carrier, or a carriage service provider, in accordance with the record-keeping rules. Disclosure direction (2) If the Commission is satisfied that…
Section 151BUDB — Carrier or carriage service provider gives access to Ministerially-directed reports
(1) This section applies to a Ministerially-directed report prepared by a carrier, or a carriage service provider, in accordance with the record-keeping rules. Disclosure direction (2) The Commission…
Section 151CB — Orders to disclose information or publish an advertisement—breach of the competition rule
(1) If, on the application of the Commission, the Federal Court is satisfied that a person (the first person) has engaged in conduct constituting a contravention of the competition rule, the Court…
Section 151CMB — Confidential reports about competition in the telecommunications industry
(1) The Commission must monitor, and report to the Minister on, such matters relating to competition in the telecommunications industry as are specified in a determination made by the Minister for…
Section 151DB — Listed points of interconnection
(1) The Commission: (a) must prepare a written list setting out points of interconnection; and (b) may, by writing, vary that list. (2) For the purposes of this Division, a point of interconnection…
Section 151AC — Extension to external Territories
(1) This Part, and the other provisions of this Act so far as they relate to this Part, extend to each eligible Territory (within the meaning of the Telecommunications Act 1997). (2) The operation of…
Section 151BC — Criteria for making exemption order
(1) The Commission must not make an exemption order in relation to particular conduct of a person unless it is satisfied that: (a) both: (i) the conduct will result, or is likely to result, in a…
Section 151BUC — Carrier or carriage service provider gives access to periodic reports
(1) This section applies to a particular series of periodic reports that are required to be prepared by a carrier, or a carriage service provider, in accordance with the record-keeping rules.…
Section 151BUDC — Carrier or carriage service provider gives access to Ministerially-directed periodic reports
(1) This section applies to a particular series of Ministerially-directed periodic reports that are required to be prepared by a carrier, or a carriage service provider, in accordance with the…
Section 151CC — Actions for damages—breach of the competition rule
(1) A person who suffers loss or damage by conduct of another person that was done in contravention of the competition rule may recover the amount of the loss or damage by action against: (a) that…
Section 151CMC — Examples of matters that may be specified in a determination under section 151CMA or 151CMB
The following are examples of matters that may be specified in a determination made for the purposes of subsection 151CMA(1) or 151CMB(1): (a) charges for: (i) carriage services; or (ii) goods for…
Section 151AD — Continuity of partnerships
For the purposes of this Part, a change in the composition of a partnership does not affect the continuity of the partnership.
Section 151BD — Notification of decision
(1) If the Commission makes an exemption order, the Commission must give the applicant a written notice setting out the order and the reasons for the order. (2) If the Commission refuses to make an…
Section 151BUD — Exemption of reports from access requirements
Full exemption (1) The Commission may, by legislative instrument, make a determination exempting specified reports from the scope of sections 151BUA, 151BUB and 151BUC, either: (a) unconditionally;…
Section 151CD — Finding of fact in proceedings to be evidence
(1) This section applies to a finding of any fact by a court made in proceedings under section 151BY, 151CA or 151CB in which a person has been found to have contravened, or to have been involved in…
Section 151CMD — Voluntary undertakings originally given by Telstra
Scope (1) This section applies if an undertaking is in force under section 577A of the Telecommunications Act 1997. Note: Section 577A of the Telecommunications Act 1997 deals with undertakings about…
Section 151AE — Additional operation of Part
(1) Without prejudice to its effect apart from this section, this Part also has effect as provided by this section. (2) This Part has, by force of this subsection, the effect it would have if: (a)…
Section 151BE — Duration of exemption order may be limited
An exemption order may be expressed to be in force for a period specified in the order.
Section 151BUE — Access via the internet
If the Commission, a carrier or a carriage service provider is required under this Division to make copies of a report, extracts or other material available for inspection and purchase, the…
Section 151CE — Other orders—compensation for breach of the competition rule
(1) If, in a proceeding instituted under this Division in relation to a contravention of the competition rule, the Federal Court finds that a person who is a party to the proceeding has suffered, or…
Section 151AF — Telecommunications market
For the purposes of this Part, a telecommunications market is a market in which any of the following goods or services are supplied or acquired: (a) carriage services; (b) goods or services for use…
Section 151BF — Conditions of exemption order
An exemption order may be expressed to be subject to such conditions as are specified in the order.
Section 151BUF — Self-incrimination
(1) An individual is not excused from giving a report under the record-keeping rules, or from making a report or extracts available under this Division, on the ground that the report or extracts…
Section 151CF — Conduct by directors, employees or agents
Part 32 of the Telecommunications Act 1997 applies in relation to proceedings under this Division in a corresponding way to the way in which it applies to proceedings under that Act (as defined by…
Section 151AG — When a body corporate is related to a partnership
For the purposes of this Part, if: (a) a carrier or a carriage service provider is a partnership; and (b) a body corporate is related to a partner in the partnership; the body corporate is taken to…
Section 151BG — Revocation of exemption order
(1) If: (a) an exemption order is in force in relation to a person; and (b) the Commission is satisfied that: (i) the order was made on the basis of information that was false or misleading in a…
Section 151CG — Disclosure of documents by Commission
(1) This section applies to a person if: (a) the person makes an application to the Commission for an exemption order; or (b) under section 151BG, the Commission gives the person an opportunity to…
Section 151AH — Degree of power in a telecommunications market
(1) For the purposes of this Part, if: (a) a body corporate is related to: (i) a carrier; or (ii) a carriage service provider; and (b) the body corporate has a substantial degree of power in a…
Section 151BH — Register of exemption orders
(1) The Commission must keep a Register in relation to exemption orders. (2) The Register must include the following: (a) particulars of all exemption orders (including orders that have expired); (b)…
Section 151CH — Treatment of partnerships
This Part applies to a partnership as if the partnership was a person, but it applies with the following changes: (a) obligations that would be imposed on the partnership are imposed instead on each…
Section 151AI — Interpretation of Part IV, IVA or VII not affected by this Part
In determining the meaning of a provision of Part IV, IVA or VII, the provisions of this Part are to be ignored.
Section 151CI — Review by Tribunal
(1) If the Commission makes a decision under section 151BA to refuse to make an exemption order relating to conduct of a person, the person may apply to the Tribunal for a review of the decision. (2)…
Section 151AJ — Anti-competitive conduct
(1) This section sets out the 2 circumstances in which: (a) a carrier; or (b) a carriage service provider; is said to engage in anti-competitive conduct for the purposes of this Part. (2) A carrier…
Section 151BJ — Conduct includes proposed conduct
A reference in this Division to conduct includes a reference to proposed conduct.
Section 151CJ — Functions and powers of Tribunal
Decision on review (1) On a review of a decision of the Commission of a kind mentioned in section 151CI, the Tribunal may make a decision: (a) in any case—affirming the Commission’s decision; or (b)…