Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 154ZK — Notice—further action to deal with complaint
(1) The Commission may give the designated complainant a notice under this subsection if the Commission is satisfied that the complaint: (a) relates to a significant or systemic market issue that…
Section 154L — Availability of assistance and use of force in executing a search warrant
In executing a search warrant: (a) the executing officer may obtain such assistance as is necessary and reasonable in the circumstances; and (b) the executing officer, or another inspector who is an…
Section 154ZL — Replacement notices
(1) If the Commission has given the designated complainant a notice under subsection 154ZK(1), the Commission may replace that notice with either of the following: (a) if the Commission considers it…
Section 154M — Announcement before entry
(1) Before any person enters premises under a search warrant, the executing officer must: (a) announce that he or she is authorised to enter the premises; and (b) give any person at the premises an…
Section 154ZM — Withdrawal of complaint
(1) If: (a) an entity has made a designated complaint to the Commission; and (b) the Commission has not, in relation to the complaint, given the entity either of the following: (i) a notice under…
Section 154N — Details of warrant to be given to occupier
If a search warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the executing officer or an officer assisting must make available to the…
Section 154ZN — Publication requirements
(1) If the Commission gives: (a) a notice under subsection 154ZH(1) (no further action on complaint); or (b) a notice under subsection 154ZK(1) (further action to deal with complaint); or (c) a…
Section 154P — Occupier entitled to observe search being conducted
(1) If a search warrant in relation to premises is being executed and the occupier of the premises is present at the premises, the occupier is entitled to observe the search being conducted. (2) The…
Section 154ZP — Application for approval as designated complainant
(1) An entity may apply to the Minister for approval as a designated complainant. (2) However, a State or Territory may not apply under subsection (1). (3) The application must: (a) be in writing;…
Section 154Q — Occupier to provide reasonable facilities and assistance
The occupier of premises in relation to which a search warrant is being executed must provide the executing officer and any officer assisting with all reasonable facilities and assistance for the…
Section 154ZQ — Minister may grant approval
(1) The Minister may, in writing, grant the approval if: (a) where the approval is to be subject to conditions: (i) the Minister has given the entity a notice under subsection 154ZR(3) setting out…
Section 154R — Answering of questions or producing evidential material
(1) If a search warrant in relation to premises is being executed, the executing officer or an officer assisting may: (a) require a person at the premises to answer questions or produce evidential…
Section 154ZR — Conditions in approval
(1) The approval may specify that it is subject to conditions if the Minister is satisfied that the conditions are appropriate. Considerations (2) For the purposes of being satisfied that the…
Section 154S — Copies of seized things to be provided
(1) If, under a search warrant relating to premises, the executing officer or an officer assisting seizes: (a) a document, film, computer file or other thing that can be readily copied; or (b) a…
Section 154ZS — Contents of approval
The approval must set out the following: (a) the name of the designated complainant; (b) the date (if any) on which the approval ceases to be in force; (c) the conditions (if any) to which the…
Section 154T — Receipts for things seized or moved under warrant
(1) If a thing is seized under a search warrant or moved under subsection 154GA(1), the executing officer or an officer assisting must provide a receipt for the thing. (2) If 2 or more things are…
Section 154ZT — Notice of decision on application for approval
(1) If the Minister: (a) decides to grant the approval; or (b) decides not to grant the approval; the Minister must give the applicant, as soon as practicable: (c) notice of the decision; and (d) if…
Section 154U — Return of seized things
(1) Subject to any contrary order of a court, if a person (the seizer) seizes a thing under this Division, the person must return it if: (a) the reason for its seizure no longer exists or it is…
Section 154ZU — Variation or revocation of approval
(1) A designated complainant may apply to the Minister for a variation or revocation of its approval. (2) The application must be: (a) in writing; and (b) in the approved form. Withdrawal of…
Section 154V — Magistrate may permit a thing to be retained
Application for extension (1) An inspector may apply to a magistrate for an order that he or she may retain the thing for a further period if: (a) before the end of 120 days after the seizure; or (b)…
Section 154ZV — Minister may vary or revoke approval
(1) The Minister may, in writing, vary or revoke the approval if: (a) the Minister has given the designated complainant a notice under subsection (5) in relation to the variation or revocation; and…
Section 154W — Disposal of things if there is no owner or owner cannot be located
If: (a) a thing is seized under this Division; and (b) a person would otherwise be required to return the thing to its owner; and (c) there is no owner or the person cannot, despite making reasonable…
Section 154ZW — Contents of variation or revocation of approval
A variation or revocation made under section 154ZV must specify the details of the variation or revocation, including: (a) the day on which the decision to make the variation or revocation was made;…
Section 154X — Issue of search warrants
Application for warrant (1) An inspector may apply to a magistrate for a warrant under this section in relation to premises. Issue of warrant (2) The magistrate may issue the warrant if the…
Section 154ZX — Notice of decision on application for variation or revocation of approval
(1) If the Minister: (a) decides to vary or revoke a designated complainant’s approval; or (b) in a case where a designated complainant has applied for a variation or revocation of its…
Section 154Y — Search warrants by telephone, fax etc.
Application for warrant (1) If, in an urgent case, an inspector considers it necessary to do so, the inspector may apply to a magistrate by telephone, fax or other electronic means for a warrant…
Section 154ZY — Delegation
(1) The Minister may, in writing, delegate all or any of the Minister’s powers or functions under this Part (other than under section 154ZZ) to the Secretary, or a SES employee or acting SES employee…
Section 154Z — Offences relating to warrants
(1) An inspector must not make, in an application for a warrant, a statement that the inspector knows to be false or misleading in a material particular. Penalty: Imprisonment for 2 years. (2) An…
Section 154ZZ — Designated complaints determination
The Minister may, by legislative instrument, make a determination (the designated complaints determination) prescribing matters required or permitted by this Part to be prescribed by the designated…
Section 155 — Power to obtain information, documents and evidence
(1) Subject to subsection (2A), if the Commission, the Chairperson or a Deputy Chairperson has reason to believe that a person is capable of furnishing information, producing documents or giving…
Section 155A — Power to obtain information and documents in New Zealand relating to trans-Tasman markets
(1) Where the Commission, the Chairperson or a Deputy Chairperson has reason to believe that a person is capable of furnishing information or producing documents relating to a matter that…
Section 155AA — Protection of Part VB information
(1) A Commission official must not disclose any protected Part VB information to any person, except: (a) when the Commission official is performing duties or functions as a Commission official; or…
Section 155AAA — Protection of certain information
(1) A Commission official must not disclose any protected information to any person except: (a) when the Commission official is performing duties or functions as a Commission official; or (b) when…
Section 155AAAA — Power to obtain information, documents and evidence—delegation
(1) This section applies in relation to a function or power of any of the following (the delegator) under section 155: (a) the Commission; (b) the Chairperson; (c) a Deputy Chairperson; (d) a member…
Section 155B — Australian Competition and Consumer Commission may receive information and documents on behalf of New Zealand Commerce Commission
(1) Where, by notice under section 98H of the Commerce Act 1986 of New Zealand, the New Zealand Commerce Commission requires a person to furnish any information or produce any document, the…
Section 156 — Misleading conduct as to the nature etc. of services
(1) A person commits an offence if the person, in trade or commerce, engages in conduct that is liable to mislead the public as to the nature, the characteristics, the suitability for their purpose…
Section 157 — Disclosure of documents by Commission
(1) Subject to subsection (1A), if: (a) a corporation makes an application to the Commission under section 88, 91A, 91B or 91C; or (b) the Commission proposes the revocation of an authorisation under…
Section 157A — Disclosure of energy-related information by Commission
(1) The Commission or a Commission official may disclose to: (a) the AER; or (b) the AEMC; or (c) any staff or consultant assisting the AER or the AEMC in performing its functions or exercising its…
Section 157AA — Disclosure of CDR-related information by Commission
Disclosure to the Information Commissioner (1) The Commission or a Commission official may disclose to: (a) the Information Commissioner; or (b) any staff or consultant assisting the Information…
Section 157B — Disclosure of protected cartel information to a court or tribunal
Commission or a Commission official not required to disclose protected cartel information (1) The Commission or a Commission official is not to be required: (a) to produce to a court or tribunal a…
Section 157C — Disclosure of protected cartel information to a party to court proceedings etc.
Commission or Commission official not required to make discovery of documents containing protected cartel information etc. (1) If: (a) a person is a party to proceedings before a court; and (b) the…
Section 157D — General powers of a court
Power of a court in a criminal or civil proceeding (1) The power of a court to control the conduct of a criminal or civil proceeding, in particular with respect to abuse of process, is not affected…
Section 158 — Wrongly accepting payment
(1) A person commits an offence if: (a) the person, in trade or commerce, accepts payment or other consideration for goods or services; and (b) at the time of the acceptance, the person intends not…
Section 158A — Proceedings without initiation notice—use of virtual enquiry technology
(1) This section applies to the following (the proceedings): (a) an arbitration of an access dispute under Part IIIA by the Commission as constituted by members of the Commission under section 44Z;…
Section 158B — Proceedings with initiation notice—use of virtual enquiry technology
(1) This section applies to the following (the proceedings): (a) an appearance to give evidence or produce documents under section 44AAFA before the AER or a person assisting the AER; (b) a…
Section 159 — Misleading representations about certain business activities
(1) A person commits an offence if: (a) the person, in trade or commerce, makes a representation; and (b) the representation is false or misleading in a material particular; and (c) the…
Section 160 — Application of provisions of this Division to information providers
(1) Sections 151, 152, 155, 156 and 159 do not apply to a publication of matter by an information provider if: (a) in any case—the information provider made the publication in the course of carrying…
Section 161 — Unsolicited cards etc.
(1) A person commits an offence if: (a) the person sends a credit card or a debit card, or an article that may be used as a credit card and a debit card, to another person; and (b) either: (i) the…
Section 162 — Assertion of right to payment for unsolicited goods or services
(1) A person commits an offence if the person, in trade or commerce, asserts a right to payment from another person for unsolicited goods. (2) A person commits an offence if the person, in trade or…
Section 162A — Intimidation etc.
A person who: (a) threatens, intimidates or coerces another person; or (b) causes or procures damage, loss or disadvantage to another person; for or on account of that other person proposing to…