Competition and Consumer Act 2010

Sections and provisions with full text and the judgments that cite each one.

Section 151AK — The competition rule

(1) A carrier or carriage service provider must not engage in anti-competitive conduct. (2) For the purposes of this Part, the rule set out in subsection (1) is to be known as the competition rule.…

Section 151CK — Provisions that do not apply in relation to a Tribunal review

Division 1 of Part IX does not apply in relation to a review by the Tribunal of a decision of the Commission of a kind mentioned in section 151CI.

Section 151AL — Part B competition notices

(1) The Commission may issue a written notice: (a) stating that a specified carrier or carriage service provider has contravened, or is contravening, the competition rule; and (b) setting out…

Section 151CL — Reviews of competitive safeguards within the telecommunications industry

(1) The Commission must review, and report each financial year on, competitive safeguards within the telecommunications industry, including: (a) matters relating to the operation of this Part and…

Section 151AM — Competition notice to be given to carrier or carriage service provider

As soon as practicable after issuing a competition notice, the Commission must give a copy of the competition notice to the carrier or carriage service provider concerned.

Section 151CM — Monitoring of telecommunications charges paid by consumers

(1) The Commission must monitor, and report each financial year on, charges paid by consumers in telecommunications markets. (2) The Commission may decide which charges to monitor and report on,…

Section 151AN — Evidentiary effect of competition notice

(1) In any proceedings under, or arising out of, this Part, a Part B competition notice is prima facie evidence of the matters in the notice. (2) A document purporting to be a competition notice…

Section 151AO — Duration of Part A competition notice

(1) A Part A competition notice comes into force: (a) when it is issued; or (b) if the notice specifies a later time—at that later time; and, unless sooner revoked, remains in force until the end of…

Section 151AP — Guidelines

(1) In deciding whether to issue a competition notice, the Commission must have regard to: (a) any guidelines in force under subsection (2); and (b) such other matters as the Commission considers…

Section 151AQ — Commission to act expeditiously

(1) If the Commission has reason to suspect that a carrier or carriage service provider has contravened, or is contravening, the competition rule, the Commission must act expeditiously in deciding…

Section 151CQ — Voluntary undertakings given by Telstra

Scope (1) This section applies if an undertaking given by Telstra is in force under section 577C or 577E of the Telecommunications Act 1997. Note 2: Section 577C of the Telecommunications Act 1997…

Section 151AR — Register of competition notices

(1) The Commission must keep a Register in relation to competition notices. (2) The Register must include particulars of all competition notices (including notices that have expired). (3) The…

Section 151AS — Exemption orders

(1) A person may apply to the Commission for an order exempting specified conduct of the person from the scope of section 151AJ (which deals with anti-competitive conduct). The order is called an…

Section 151AT — Form of application

An application for an exemption order must be: (a) in writing; and (b) in a form approved in writing by the Commission; and (c) accompanied by the prescribed fee.

Section 151AU — Further information

(1) The Commission may request an applicant for an exemption order to give the Commission further information about the application. (2) The Commission may refuse to consider the application until…

Section 151BU — Commission may make record-keeping rules

(1) The Commission may, by written instrument, make rules for and in relation to requiring one or more specified carriers or one or more specified carriage service providers to keep and retain…

Section 151AV — Withdrawal of application

An applicant for an exemption order may withdraw the application by written notice given to the Commission.

Section 151BV — Incorrect records

(1) A person must not, in purported compliance with a requirement imposed by the record-keeping rules, make a record of any matter or thing in such a way that it does not correctly record the matter…

Section 151AW — Commission must publicise receipt of applications

If the Commission receives an application for an exemption order, the Commission must publicise the receipt of the application in such manner as it thinks fit.

Section 151BW — Person involved in a contravention of the competition rule, a record-keeping rule or a disclosure direction

A reference in this Division to a person involved in a contravention of the competition rule, a record-keeping rule or a disclosure direction is a reference to a person who: (a) has aided, abetted,…

Section 151AX — Commission may refuse to consider application if it relates to the same conduct as an authorisation application

(1) This section applies if: (a) the Commission receives, or has received, an application for an exemption order; and (b) the Commission receives, or has received, an application for an authorisation…

Section 151BX — Pecuniary penalties for breach of the competition rule, a record-keeping rule or a disclosure direction

(1) If the Federal Court is satisfied that a person: (a) has contravened the competition rule, a record-keeping rule or a disclosure direction; or (b) has attempted to contravene the competition…

Section 151AY — Commission may refuse to consider application if it relates to the same conduct as a Part VII notification

(1) This section applies if: (a) the Commission receives, or has received, an application for an exemption order; and (b) the Commission receives, or has received, a notice under subsection 93(1) or…

Section 151BY — Civil action for recovery of pecuniary penalties

(1) The Commission may institute a proceeding in the Federal Court for the recovery on behalf of the Commonwealth of a pecuniary penalty referred to in section 151BX. (2) A proceeding under…

Section 151AZ — Commission may convene conference to discuss application

(1) If the Commission receives an application for an exemption order, the Commission may convene a conference to discuss the application. (2) If the Commission decides to convene a conference, the…

Section 151BZ — Criminal proceedings not to be brought for contraventions of the competition rule, record-keeping rules or disclosure directions

(1) Criminal proceedings do not lie against a person only because the person: (a) has contravened the competition rule, a record-keeping rule or a disclosure direction; or (b) has attempted to…

Section 152 — False or misleading representations about sale etc. of land

(1) A person commits an offence if the person, in trade or commerce, in connection with the sale or grant, or the possible sale or grant, of an interest in land or in connection with the promotion by…

Section 152AA — Simplified outline

The following is a simplified outline of this Part: • This Part sets out a telecommunications access regime. • A carriage service, or a related service, supplied, or capable of being supplied, by a…

Section 152ALA — Duration of declaration

Expiry date (1) A declaration under section 152AL must specify an expiry date for the declaration. (2) In specifying an expiry date, the Commission must have regard to: (a) the principle that the…

Section 152ASA — Anticipatory class exemptions from category A standard access obligations

Determination providing for exemption (1) The Commission may, by written instrument, determine that, in the event that a specified service or proposed service becomes an active declared service, each…

Section 152ATA — Anticipatory individual exemptions from category A standard access obligations

Application for exemption order (1) A person who is, or expects to be, a carrier or a carriage service provider may apply to the Commission for a written order that, in the event that a specified…

Section 152AXA — Statement of reasons for decision—specification of documents

If the Commission: (a) makes a decision under section 152ATA; and (b) gives a person a written statement setting out the reasons for the decision; the statement must specify the documents that the…

Section 152AYA — Ancillary obligations—confidential information

If: (a) a carrier or carriage service provider is required to comply with a standard access obligation that arose because of a request made by an access seeker; and (b) at or after the time when the…

Section 152BA — Service provider rule

(1) In addition to the rules mentioned in section 98 of the Telecommunications Act 1997, the rule set out in subsection (2) of this section is a service provider rule for the purposes of that Act.…

Section 152BBA — Commission may give directions in relation to negotiations

(1) This section applies if a carrier or carriage service provider is required to comply with any or all of the standard access obligations. (2) If the following parties: (a) the carrier or carriage…

Section 152BBAA — Judicial enforcement of conditions and limitations of exemption determinations and orders

(1) If the Federal Court is satisfied that a person has contravened any of the conditions or limitations of: (a) a determination under section 152ASA; or (b) an order under section 152ATA; the Court…

Section 152BCA — Matters that the Commission must take into account

(1) The Commission must take the following matters into account in making an access determination: (a) whether the determination will promote the long-term interests of end-users of carriage services…

Section 152BCCA — Final migration plan prevails over inconsistent access determinations

If a final migration plan is in force and imposes obligations or prohibitions on a designated Telstra successor company, an access determination has no effect to the extent to which it would have the…

Section 152BCGA — Stay of access determinations

(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 of the Commission to make an access determination. (2) If a…

Section 152BDA — Restrictions on binding rules of conduct

(1) The Commission must not make binding rules of conduct that would have any of the following effects: (a) preventing a service provider who already has access to the declared service from obtaining…

Section 152BDAA — Matters that the Commission must take into account

(1) The Commission must take the following matters into account in making binding rules of conduct: (a) whether the binding rules of conduct will promote the long-term interests of end-users of…

Section 152BDCA — Final migration plan prevails over inconsistent binding rules of conduct

If a final migration plan is in force and imposes obligations or prohibitions on a designated Telstra successor company, binding rules of conduct have no effect to the extent to which they would have…

Section 152BDEA — Stay of binding rules of conduct

(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 of the Commission to make binding rules of conduct. (2) If…

Section 152BEA — Quarterly reports about access agreements

(1) Within 30 days after the end of each quarter, a carrier or carriage service provider who supplies, or proposes to supply, a declared service must give the Commission a written statement setting…

Section 152BEBA — NBN corporation to give the Commission a statement about the differences between an access agreement and a standard form of access agreement

Access agreement (1) If: (a) an access agreement is covered by subsection 152BE(1); and (b) the carrier or carriage service provider who supplies, or proposes to supply, the declared service is an…