Competition and Consumer Act 2010

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

Section 44GA — Time limit for Council recommendations

Council to make recommendation within the consideration period (1) The Council must make a recommendation on an application under section 44F within the consideration period. (2) The consideration…

Section 44HA — Designated Minister must publish his or her decision

(1) The designated Minister must publish, by electronic or other means, his or her decision on a declaration recommendation and his or her reasons for the decision. (2) The designated Minister must…

Section 44KA — Tribunal may stay operation of declaration

(1) Subject to this section, an application for review of a declaration under subsection 44K(1) does not: (a) affect the operation of the declaration; or (b) prevent the taking of steps in reliance…

Section 44LA — Constitutional limits on operation of this Division

This Division does not apply in relation to a service unless: (a) the person who is, or expects to be, the provider of the service is a corporation (or a partnership or joint venture consisting…

Section 44MA — Council may request information

(1) The Council may give a person a written notice requesting the person give to the Council, within a specified period, information of the kind specified in the notice that the Council considers may…

Section 44NA — Recommendation by Council

(1) This section applies if a decision of the Commonwealth Minister is in force under section 44N (including as a result of an extension under section 44NB) that a regime established by a State or…

Section 44NAA — Council may request information

Section 44NBA — Recommendation by Council

(1) If a decision of the Commonwealth Minister is in force under section 44N (including as a result of an extension under section 44NB) that a regime established by a State or Territory for access to…

Section 44PA — Approval of competitive tender process

Application to Commission (1) The Commonwealth Minister, or the responsible Minister of a State or Territory, may make a written application to the Commission asking it to approve a tender process,…

Section 44PAA — Commission may request information

(1) The Commission may give a person a written notice requesting the person give to the Commission, within a specified period, information of the kind specified in the notice that the Commission…

Section 44XA — Time limit for Commission’s final determination

Commission to make final determination within 180 days (1) The Commission must make a final determination within the period of 180 days (the expected period) starting at the start of the day the…

Section 44YA — Commission must terminate arbitration if declaration varied or set aside by Tribunal

If the Commission is arbitrating a dispute in relation to a declared service and the Tribunal sets aside or varies the declaration in relation to the service under section 44K, the Commission must…

Section 44ZA — Member of the Commission presiding at an arbitration

(1) Subject to subsection (2), the Chairperson is to preside at an arbitration. (2) If the Chairperson is not a member of the Commission as constituted under section 44Z in relation to a particular…

Section 44ZNA — Joint arbitration hearings

Joint arbitration hearing (1) If: (a) the Commission is arbitrating 2 or more access disputes at a particular time; and (b) one or more matters are common to those disputes; the Chairperson may, by…

Section 44ZOA — Effect and duration of interim determinations

(1) An interim determination takes effect on the day specified in the determination. (2) Unless sooner revoked, an interim determination continues in effect until the earliest of the following: (a)…

Section 44ZUA — Variation and revocation of interim determinations

(1) The Commission may, by writing, vary or revoke an interim determination. (2) The Commission must, by writing, revoke an interim determination if requested to do so by the parties to the…

Section 44ZZA — Access undertakings by providers

(1) A person who is, or expects to be, the provider of a service may give a written undertaking to the Commission in connection with the provision of access to the service. Note: The following are…

Section 44ZZAA — Access codes prepared by industry bodies

(1) An industry body may give a written code to the Commission setting out rules for access to a service. (2) The code must specify the expiry date of the code. (3) The Commission may accept the…

Section 44ZZBA — When access undertakings and access codes come into operation

Acceptance of access undertakings or access codes (1) If the Commission accepts an access undertaking or an access code, it comes into operation at: (a) if, within 21 days after the Commission…

Section 44ZZCA — Pricing principles for access disputes and access undertakings or codes

The pricing principles relating to the price of access to a service are: (a) that regulated access prices should: (i) be set so as to generate expected revenue for a regulated service or services…

Section 44ZZMA — How duty is imposed

Application (1) This section applies if a State or Territory access regime law purports to impose a duty on the Commission or Tribunal. Note 1: Section 44ZZMB sets out when such a law imposes a duty…

Section 44ZZNA — Operation of Parts IV, IVA and VII not affected by this Part

This Part does not affect the operation of Parts IV, IVA and VII.

Section 44ZZOA — Time limit for Tribunal decisions

(1) The Tribunal must make a decision on a review under this Part within the consideration period. (2) The consideration period is a period of 180 days (the expected period), starting at the start of…

Section 44AAB — Termination of appointment

All AER members (1) The Governor-General may terminate the appointment of an AER member: (a) for misbehaviour or physical or mental incapacity; or (b) if the member: (i) becomes bankrupt; or (ii)…

Section 44AAEB — Divisions of the AER—functions and powers under a law of the Commonwealth

Directions (1) The AER Chair may, by writing, direct that all or any of the AER’s functions and powers: (a) under this Part or under regulations made under this Act; or (b) under another law of the…

Section 44AAFB — Failure to comply with notice to give information etc. is an offence

Offence (1) A person commits an offence if: (a) the person is given a notice under section 44AAFA; and (b) the person fails to comply with the notice. Penalty: Imprisonment for 2 years or 100 penalty…

Section 44AB — Definitions

In this Part, unless the contrary intention appears: Australian Energy Market Agreement means the agreement, as amended from time to time: (a) that relates to energy; and (b) that is between the…

Section 44ARB — AER Deputy Chair to act as the AER Chair

The AER Deputy Chair is to act as the AER Chair: (a) during a vacancy in the office of the AER Chair, whether or not an appointment has previously been made to the office; or (b) during all periods…

Section 44B — Definitions

In this Part, unless the contrary intention appears: access code means a code referred to in section 44ZZAA. access code application means: (a) an access code given to the Commission; or (b) a…

Section 44GB — Council may invite public submissions on the application

Invitation (1) The Council may publish, by electronic or other means, a notice inviting public submissions on an application under section 44F if it considers that it is appropriate and practicable…

Section 44KB — Tribunal may order costs be awarded

(1) If the Tribunal is satisfied that it is appropriate to do so, the Tribunal may order that a person who has been made a party to proceedings for a review of a declaration under section 44K pay all…

Section 44LB — Ineligibility recommendation

Person may request recommendation (1) A person with a material interest in a particular service proposed to be provided by means of a proposed facility may make a written application to the Council…

Section 44NB — Decision by the Commonwealth Minister

(1) On receiving a recommendation under section 44NA, the Commonwealth Minister must assess whether the access regime (including any proposed variations) is an effective access regime. He or she must…

Section 44NBB — Council may request information

Section 44PB — Report on conduct of tender process

Report (1) If the Commission approves a tender process as a competitive tender process, it must, after a tenderer is chosen, ask the applicant under subsection 44PA(1), by notice in writing, to give…

Section 44ZB — Reconstitution of Commission

(1) This section applies if a member of the Commission who is one of the members who constitute the Commission for the purposes of a particular arbitration: (a) stops being a member of the…

Section 44ZNB — Arbitration reports

(1) The Commission must prepare a written report about a final determination it makes. It must publish, by electronic or other means, the report. (2) The report may include the whole or a part of the…

Section 44ZZAB — Commission may rely on industry body consultations

(1) The Commission may accept a code if the industry body has done the following before giving the code to the Commission under subsection 44ZZAA(1): (a) published the code or a draft of the code and…

Section 44ZZBB — Extensions of access undertakings and access codes

Access undertakings (1) If an access undertaking is in operation under section 44ZZBA (including as a result of an extension under this section), the provider of the service may apply in writing to…

Section 44ZZCB — Deferring access disputes or access undertakings

(1) If, at a particular time, the Commission is: (a) arbitrating an access dispute under Division 3 relating to one or more matters of access to a declared service; and (b) considering whether to…

Section 44ZZMB — When a law of a State or Territory imposes a duty

For the purposes of sections 44ZZM and 44ZZMA, a State or Territory access regime law imposes a duty on the Commission or Tribunal if: (a) the law confers a function or power on the Commission or…

Section 44AAC — Staff etc. to assist the AER

The Chairperson must make available: (a) persons engaged under section 27; and (b) consultants engaged under section 27A; to assist the AER to perform its functions.

Section 44AAEC — Divisions of the AER—functions and powers under a State/Territory energy law or a local energy instrument

Directions (1) The AER Chair may, by writing, direct that all or any of the AER’s functions and powers: (a) under a State/Territory energy law; or (b) under a local energy instrument; in relation to…