Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 153ZEL — Information request by bargaining party—miscellaneous rules
(1) Nothing in section 153ZEK requires or authorises the giving of information that is personal information (within the meaning of the Privacy Act 1988). (2) If the responding party gives information…
Section 153M — Commission may issue public warning notice
(1) This section applies if: (a) the Commission gave a corporation a notice under section 153L in relation to prohibited conduct; and (b) at least 21 days have passed since the Commission gave the…
Section 153ZEM — Notification of access disputes
(1) This section applies in relation to a CS service if it is a declared CS service. (2) If: (a) an access seeker for the CS service is unable to agree with the provider on one or more aspects of…
Section 153N — Infringement notices
(1) Subject to subsection (2), Division 5 of Part V applies in relation to an alleged contravention of section 153E, 153F, 153G or 153H in the same way in which it applies in relation to an alleged…
Section 153ZEN — Withdrawal of notifications
(1) A notification under subsection 153ZEM(2) may be withdrawn as follows (and not otherwise): (a) if the provider notified the dispute: (i) the provider may withdraw the notification at any time…
Section 153ZEO — Parties to the arbitration
The parties to the arbitration of an access dispute notified under subsection 153ZEM(2) regarding access to a CS service are: (a) the provider mentioned in the notification; and (b) the access seeker…
Section 153P — Prohibited conduct notices
(1) The Commission may give a corporation a notice (a prohibited conduct notice) in writing, stating one or more recommendations for the kind or kinds of order the Treasurer or the Court could make…
Section 153ZEP — Determination by Commission
(1) Unless it terminates the arbitration under section 153ZEU, the Commission: (a) must make a written final determination; and (b) may make a written interim determination; on access by the access…
Section 153Q — Commission may vary or revoke prohibited conduct notice
(1) The Commission may, in writing, vary or revoke a prohibited conduct notice given to a corporation. (2) A variation or revocation under subsection (1) must: (a) state the day on which it is made;…
Section 153ZEQ — Restrictions on access determinations
(1) The Commission must not make a determination that would have any of the following effects: (a) preventing an existing user that is not related to the provider from obtaining sufficient access to…
Section 153R — Commission must give Treasurer prohibited conduct recommendation or no Treasurer action notice
(1) If the Commission has given a corporation a prohibited conduct notice, the Commission must, within 45 days after the end of the period mentioned in subsection (3), give the Treasurer: (a) a…
Section 153ZER — Matters that the Commission must take into account
Final determinations (1) The Commission must take the following matters into account in making a final determination: (a) the objects of this Part; (b) the operational and technical requirements…
Section 153S — Prohibited conduct recommendations
(1) The Commission may give the Treasurer a notice in writing (a prohibited conduct recommendation) in respect of the prohibited conduct notice, stating one or more recommendations for the kind or…
Section 153ZES — 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 153T — Commission may vary or revoke prohibited conduct recommendation
(1) The Commission may, in writing, vary or revoke a prohibited conduct recommendation. (2) The Commission cannot make a variation or revocation under subsection (1) later than 45 days after: (a)…
Section 153ZET — 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 153U — No Treasurer action notice
(1) The Commission must give the Treasurer a notice in writing (a no Treasurer action notice) in respect of the prohibited conduct notice mentioned in section 153R if the Commission considers that it…
Section 153ZEU — Commission may terminate arbitration in certain cases
(1) The Commission must terminate the arbitration of an access dispute (without making a final determination) if paragraphs (a), (b) and (c) of the definition of declared CS service no longer apply…
Section 153V — Commission may vary or revoke no Treasurer action notice
(1) The Commission may, in writing, vary or revoke a no Treasurer action notice. (2) The Commission cannot make a variation or revocation under subsection (1) later than 45 days after: (a) unless…
Section 153ZEV — Subdivision D of Division 3 of Part IIIA to apply
(1) The following provisions apply in relation to an arbitration of an access dispute under this Part as if they were provisions of this Division: (a) Subdivision D of Division 3 of Part IIIA; (b)…
Section 153W — Conditions for making contracting order
The Treasurer may make an order under section 153X in respect of a body corporate if the Treasurer is satisfied that the following conditions are met: (a) the Commission has given the Treasurer a…
Section 153ZEW — Commission’s powers if information not provided in negotiations
Use in arbitration of information requested but not provided in negotiations (1) If: (a) a party to the arbitration of an access dispute seeks to include certain information in its case; and (b) in…
Section 153X — Treasurer may make contracting order
(1) The Treasurer may, in writing, order the body corporate to make offers to enter into electricity financial contracts. (2) The order must: (a) be expressed to be made under this section; and (b)…
Section 153ZEX — Sharing information with and requesting advice from ASIC and Reserve Bank
(1) The Commission may do any of the following: (a) notify ASIC or the Reserve Bank of Australia that an access dispute exists; (b) request advice from ASIC or the Reserve Bank of Australia relating…
Section 153Y — Variation and revocation of contracting order
(1) The Treasurer may, in writing, vary or revoke a contracting order in respect of a body corporate, on the Treasurer’s own initiative or on application made by the body corporate. (2) The Treasurer…
Section 153ZEY — Operation of final determinations
(1) Unless otherwise specified, a final determination of an access dispute has effect 21 days after the determination is made. Backdating (2) Any or all of the provisions of the final determination…
Section 153Z — Enforcement of contracting orders
(1) This section applies if the Treasurer has made a contracting order in respect of a body corporate. (2) If the Commission considers that the body corporate has failed to comply with the…
Section 153ZEZ — Effect and duration of interim determinations
(1) An interim determination made in the arbitration of an access dispute takes effect on the day specified in the determination. (2) Unless sooner revoked, such an interim determination continues in…
Section 154 — Offering rebates, gifts, prizes etc.
(1) A person commits an offence if: (a) the person, in trade or commerce, offers any rebate, gift, prize or other free item; and (b) the offer is connected with: (i) the supply or possible supply of…
Section 154A — Definitions
In this Part: consultant means a person engaged under section 27A. contravention, in relation to a law, includes an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to an…
Section 154GA — Removing things for examination or processing
(1) A thing found at the premises may be moved to another place for examination or processing in order to determine whether it may be seized under a search warrant if: (a) both of the following…
Section 154RA — Person with computer knowledge to assist access etc.
(1) The executing officer for a search warrant may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow…
Section 154ZA — Powers conferred on magistrates
(1) A power conferred on a magistrate by this Division is conferred on the magistrate in a personal capacity and not as a court or a member of a court. The magistrate need not accept the power…
Section 154B — Appointment of inspectors
(1) The Chairperson may, by writing, appoint a member of the staff assisting the Commission to be an inspector. Staff member to have suitable qualifications and experience (2) The Chairperson must…
Section 154ZB — Operation of electronic equipment at premises
A person may operate electronic equipment at premises in order to exercise a power under this Part only if he or she believes on reasonable grounds that the operation of the equipment can be carried…
Section 154C — Identity cards
(1) The Chairperson must issue an identity card to an inspector. Form of identity card (2) The identity card must: (a) contain the information prescribed by the regulations; and (b) contain a recent…
Section 154ZC — Compensation for damage to electronic equipment
(1) This section applies if: (a) as a result of electronic equipment being operated as mentioned in section 154E, 154F, 154G, 154H or 154J: (i) damage is caused to the equipment; or (ii) the data…
Section 154D — Entry with consent
Entry (1) An inspector may enter premises if: (a) the Commission, the Chairperson or a Deputy Chairperson has reasonable grounds for suspecting that there may be evidential material on the premises;…
Section 154ZD — Simplified outline of this Part
This Part sets out a scheme under which designated complainants may make designated complaints to the Commission. The Commission must respond to a designated complaint within 90 days. If the…
Section 154E — Powers in relation to premises
(1) The inspector or an assistant may do any of the following after entering premises under this Division: (a) search the premises, and any thing on the premises, for the evidential material; (b)…
Section 154ZE — Definitions
In this Part: approval means an approval as a designated complainant granted under subsection 154ZQ(1). designated complainant means an entity that has an approval that is in force. designated…
Section 154F — Operation of electronic equipment at premises
(1) If: (a) an inspector or an assistant enters premises under this Division; and (b) he or she believes on reasonable grounds that any data accessed by operating electronic equipment at the premises…
Section 154ZF — Designated complaints
(1) A designated complainant may make a complaint under this section to the Commission. (2) The complaint must: (a) be in writing; and (b) if the Commission has approved a manner for making the…
Section 154G — The things that are authorised by a search warrant
(1) A search warrant that is in force in relation to premises authorises the executing officer or an officer assisting to do any of the following: (a) enter the premises; (b) search the premises, and…
Section 154ZG — Commission to respond by giving notice
(1) If the Commission receives a designated complaint from a designated complainant, the Commission must, within 90 days, assess the complaint and give the complainant one of the following: (a) a…
Section 154H — Operation of electronic equipment at premises
(1) If: (a) a search warrant is in force in relation to premises; and (b) the executing officer or an officer assisting believes on reasonable grounds that any data accessed by operating electronic…
Section 154ZH — Notice—no further action on complaint
(1) The Commission: (a) must give the designated complainant a notice under this subsection if subsection (2) applies in relation to the complaint; and (b) may give the designated complainant a…
Section 154J — Securing electronic equipment for use by experts
(1) If a search warrant in relation to premises is being executed and the executing officer or an officer assisting believes on reasonable grounds that: (a) the kind of evidential material specified…
Section 154ZJ — Notice—no further action on complaint—contents
A notice given under subsection 154ZH(1) must set out the following: (a) a summary of the complaint; (b) which of subsections 154ZH(2), (3), (4) and (5) apply in relation to the complaint; (c) the…
Section 154K — Authorisation of officers assisting
The executing officer for a search warrant may, by writing, authorise a member of the Australian Federal Police, a member of the staff assisting the Commission, or a consultant, to assist in…