Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 152EO — Conduct by directors, servants or agents
(1) If, in a proceeding under this Part in respect of conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body corporate in relation to particular conduct,…
Section 152BCP — 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 152EP — Regulations about fees for inspection etc. of registers
The regulations may make provision about the inspection of registers maintained under this Part (including provision about fees).
Section 152AQ — Register of declared services
(1) The Commission must keep a Register in relation to declarations under section 152AL. (2) The Register must include the following: (a) particulars of all such declarations (including declarations…
Section 152BCQ — Private enforcement of access determinations
(1) If the Federal Court is satisfied, on the application of: (a) an access seeker; or (b) a carrier; or (c) a carriage service provider; that a person has engaged, is engaging, or is proposing to…
Section 152EQ — Assistance to independent telecommunications adjudicator
(1) For the purposes of this section, the independent telecommunications adjudicator is a company that: (a) is limited by guarantee; and (b) is identified, in an undertaking in force under section…
Section 152AR — Category A standard access obligations
(1) This section sets out the category A standard access obligations. Access provider and active declared services (2) For the purposes of this section, if a carrier (other than an NBN corporation)…
Section 152BCR — Consent injunctions
On an application for an injunction under section 152BCQ, the Federal Court may grant an injunction by consent of all of the parties to the proceedings, whether or not the Court is satisfied that the…
Section 152ER — 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 152BCS — Interim injunctions
The Federal Court may grant an interim injunction pending determination of an application under section 152BCQ.
Section 152BCT — Factors relevant to granting a restraining injunction
The power of the Federal Court to grant an injunction under section 152BCQ restraining a person from engaging in conduct may be exercised whether or not: (a) it appears to the Court that the person…
Section 152AU — Individual exemptions—request for further information
(1) This section applies to an application under subsection 152ATA(1). (2) The Commission may request the applicant to give the Commission further information about the application. (2A) If: (a) the…
Section 152BCU — Factors relevant to granting a mandatory injunction
The power of the Federal Court to grant an injunction under section 152BCQ requiring a person to do a thing may be exercised whether or not: (a) it appears to the Court that the person intends to…
Section 152BCV — Discharge or variation of injunction or other order
The Federal Court may discharge or vary an injunction or order granted under this Subdivision.
Section 152BCW — Register of Access Determinations
(1) The Commission is to maintain a register, to be known as the Register of Access Determinations, in which the Commission includes all access determinations in force. (2) The Register is to be…
Section 152AY — Compliance with standard access obligations
(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) The carrier or carriage service provider must comply…
Section 152AZ — Carrier licence condition
A carrier licence held by a carrier is subject to a condition that the carrier must comply with: (a) any standard access obligations that are applicable to the carrier; and (aa) any rule in section…
Section 153 — Misleading conduct relating to employment
(1) A person commits an offence if the person, in relation to employment that is to be, or may be, offered by the person or by another person, engages in conduct that is liable to mislead persons…
Section 153A — Simplified outline of this Part
This Part deals with prohibited conduct by corporations in relation to electricity. It ceases to be in force on 1 January 2031. Division 2 of this Part sets out the circumstances in which a…
Section 153ZA — Treasurer may apply to Federal Court for divestiture order
The Treasurer may apply to the Court for an order under subsection 153ZB(2) or (3) in respect of a body corporate if the Treasurer is satisfied that the following conditions are met: (a) the…
Section 153ZBA — Arrangements or undertakings in relation to employees
(1) This section applies if: (a) a body corporate (the old employer) has made arrangements or undertakings in relation to employees of the body corporate (whether or not those arrangements or…
Section 153ZEA — Objects of Part
The objects of this Part are to: (a) facilitate access to CS services on terms and conditions, including pricing, that are transparent, non-discriminatory, fair and reasonable; and (b) support the…
Section 153ZFA — Variation and revocation of determinations
(1) The Commission may, if satisfied it is appropriate to do so, by written instrument vary or revoke a determination: (a) on its own initiative; or (b) on the application of any party to the…
Section 153B — Part etc. ceases to be in force
The following cease to be in force on 1 January 2031: (a) this Part; (b) any other provision of this Act, to the extent that the provision relates to this Part.
Section 153ZB — Making of divestiture order
(1) The Court may, on the application of the Treasurer under section 153ZA, make an order under subsection (2) or (3) in relation to the body corporate if: (a) the Court finds, or has in another…
Section 153ZEB — Definitions
In this Part: access dispute means an access dispute notified under section 153ZEM. access seeker, for a CS service, means a person who wants access to the CS service or wants a change to some aspect…
Section 153ZFB — Prohibition on hindering access to declared services
(1) The provider or a user of a CS service to which an access seeker has access under a determination, or a body corporate related to the provider or a user of the CS service, must not engage in…
Section 153C — Interpretation
In this Part: associate has the same meaning as in the Foreign Acquisitions and Takeovers Act 1975. connected body corporate has the meaning given by section 153D. contracting order means an order of…
Section 153ZC — Acquisition of property
Scope (1) This section applies to the following: (a) Divisions 5 and 6; (b) any other provision of this Act, to the extent to which the provision relates to Division 5 or 6. Effect of provision (2)…
Section 153ZEC — How this Part applies to partnerships and joint ventures
(1) This section applies if a provider of a CS service is a partnership or joint venture that consists of 2 or more corporations. Those corporations are referred to in this section as the…
Section 153ZFC — Division 7 of Part IIIA to apply
(1) Division 7 of Part IIIA applies in relation to a determination under this Part as if they were provisions of this Division. (2) For the purposes of subsection (1), treat: (a) a reference in that…
Section 153D — Meaning of connected body corporate in relation to prohibited conduct
(1) A corporation is a connected body corporate in relation to prohibited conduct engaged in by the corporation. (2) A body corporate is a connected body corporate in relation to prohibited conduct…
Section 153ZD — No orders under subsection 76(1) against certain individuals
(1) Nothing in subsection 76(1) authorises the making of an order against an individual covered under subsection (2) because the individual: (a) has aided, abetted, counselled or procured a…
Section 153ZED — Constitutional limits on operation of this Part
This Part does not apply in relation to an access seeker’s access to a CS service unless: (a) the provider of the CS service is a corporation (or a partnership or joint venture consisting wholly of…
Section 153ZFD — Register of determinations
(1) The Commission must maintain a public register that specifies the following information for each determination: (a) the names of the parties to the determination; (b) the CS service to which the…
Section 153E — Prohibited conduct—retail pricing
(1) A corporation contravenes this section if: (a) the corporation offers to supply electricity, or supplies electricity, to small customers; and (b) the corporation fails to make reasonable…
Section 153ZEE — This Part binds the Crown
(1) This Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (2) Nothing in this Part makes the Crown liable…
Section 153ZFE — Provisions of Division 8 of Part IIIA to apply
(1) The following provisions apply in relation to a determination under this Part as if they were provisions of this Division: (a) section 44ZZN; (b) section 44ZZNA; (c) section 44ZZO. (2) For the…
Section 153F — Prohibited conduct—electricity financial contract liquidity
A corporation contravenes this section if: (a) any of the following conditions are satisfied: (i) the corporation generates electricity; (ii) a body corporate that is related to the corporation…
Section 153ZEF — Minister may declare a CS service
(1) The Minister may, by legislative instrument, make a declaration specifying any of the following as services to which access may be the subject of negotiation or arbitration under this Part: (a)…
Section 153G — Prohibited conduct—electricity spot market (basic case)
A corporation contravenes this section if: (a) the corporation: (i) bids or offers to supply electricity in relation to an electricity spot market; or (ii) fails to bid or offer to supply electricity…
Section 153ZEG — Amendment and revocation of declarations
(1) The Minister may amend or revoke a declaration under subsection 153ZEF(1) in like manner and subject to like conditions (see subsections 33(3) and (3AA) of the Acts Interpretation Act 1901). (2)…
Section 153H — Prohibited conduct—electricity spot market (aggravated case)
A corporation contravenes this section if: (a) the corporation: (i) bids or offers to supply electricity in relation to an electricity spot market; or (ii) fails to bid or offer to supply electricity…
Section 153ZEH — Notification of negotiations under this Division
(1) This section applies in relation to a CS service if it is a declared CS service. (2) An access seeker for the CS service may notify the provider that it wishes to negotiate under this Division…
Section 153ZEI — Ending negotiations under this Division
(1) The access seeker may give notice to the provider that the negotiation is at an end, whether or not the access seeker also refers or has referred a related access dispute to arbitration under…
Section 153J — Prohibited conduct—purpose
(1) This section: (a) applies for the purposes of sections 153F, 153G and 153H; and (b) does not limit the manner in which the purpose of a person may be established for the purposes of any other…
Section 153ZEJ — Conducting negotiations under this Division
Parties to the negotiation (1) The parties to the negotiation are: (a) the access seeker; and (b) the provider; and (c) any other person that the access seeker and the provider agree to include as a…
Section 153K — Prohibited conduct may be covered by other provisions
To avoid doubt, this Division does not limit the operation of any other provision of this Act. Example: Particular conduct of a corporation could result in the corporation contravening both section…
Section 153ZEK — Information request by bargaining party—general
(1) A party (the requesting party) to the negotiation may give another party (the responding party) a request that the responding party give the requesting party specified information if: (a) the…
Section 153L — Commission may give draft public warning notice
(1) The Commission may give a corporation a notice in writing if the Commission reasonably believes that: (a) any of the following conditions are satisfied: (i) the corporation has engaged in…