Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 163 — Assertion of right to payment for unauthorised entries or advertisements
(1) A person commits an offence if the person asserts a right to payment from another person of a charge for placing, in a publication, an entry or advertisement relating to: (a) the other person; or…
Section 163A — Declarations and orders
Declarations and orders (1) Subject to this section, a person may, in relation to a matter arising under this Act, a gas market instrument or the consumer data rules, institute a proceeding in a…
Section 164 — Participation in pyramid schemes
(1) A person commits an offence if the person participates in a pyramid scheme. (2) A person commits an offence if the person induces another person to participate in a pyramid scheme. (3)…
Section 165 — Inspection of, furnishing of copies of, and evidence of, documents
(1) A person may, on application in accordance with the regulations and on payment of the prescribed fee (if any): (a) inspect any document contained in the register kept under subsection 89(3) or…
Section 166 — Single price to be specified in certain circumstances
(1) A person commits an offence if the person, in trade or commerce, in connection with: (a) the supply, or possible supply, to another person of goods or services of a kind ordinarily acquired for…
Section 167 — Referral selling
(1) A person commits an offence if: (a) the person, in trade or commerce, induces a consumer to acquire goods or services by representing that the consumer will, after the contract for the…
Section 168 — Harassment and coercion
(1) A person commits an offence if: (a) the person uses physical force, or undue harassment or coercion; and (b) the physical force, or undue harassment or coercion is used in connection with: (i)…
Section 169 — Display notices
(1) A person commits an offence if: (a) the person makes a supply to a consumer to which: (i) guarantees apply under Division 1 of Part 3-2; and (ii) a determination under subsection 66(1) applies;…
Section 170 — Legal and financial assistance
(1) A person: (a) who has instituted, or proposes to institute, a proceeding before the Commission or the Tribunal, or a proceeding before the Court under Part IVB, Part VI or section 163A, or under…
Section 171 — Annual report by Commission
(2) An annual report prepared by the Chairperson and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include a cumulative…
Section 171A — Charges by the Commission
(1) The Commission may make a charge of an amount, or at a rate, determined by the Commission for: (a) supplying a person with material published by the Commission in the course of carrying out its…
Section 171B — Division 3 of Part IIIA does not confer judicial power on the Commission
(1) Division 3 of Part IIIA has no effect to the extent (if any) to which it purports to confer judicial power on the Commission. (2) In this section: judicial power means the judicial power of the…
Section 172 — Regulations
(1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act (other than Schedule 2) to be prescribed or are…
Section 173 — Informing person of termination period etc.
(1) A dealer commits an offence if the dealer makes an unsolicited consumer agreement with a person, and: (a) before the agreement is made, the person is not given information as to the following:…
Section 174 — Requirement to give document to the consumer
(1) The dealer who negotiated an unsolicited consumer agreement commits an offence if: (a) the agreement was not negotiated by telephone; and (b) the dealer does not give a copy of the agreement to…
Section 175 — Requirements for all unsolicited consumer agreements etc.
(1) The supplier under an unsolicited consumer agreement commits an offence if the agreement, or (if the agreement was negotiated by telephone) the agreement document, does not comply with the…
Section 176 — Additional requirements for unsolicited consumer agreements not negotiated by telephone
(1) The supplier under an unsolicited consumer agreement that was not negotiated by telephone commits an offence if the agreement does not comply with the following requirements: (a) the agreement…
Section 177 — Authorisations in force before the commencement time
(1) This section applies if: (a) an authorisation (the pre-commencement authorisation) was granted to a person to give effect to a provision of a contract, arrangement or understanding; and (b) the…
Section 178 — Notifications in force before the commencement time
(1) This section applies if: (a) a person gave the Commission a collective bargaining notice under subsection 93AB(1) in relation to a proposal to give effect to a provision of a contract,…
Section 179 — Prohibition on supplies etc.
(1) The supplier under an unsolicited consumer agreement commits an offence if: (a) the supplier: (i) supplies to the consumer under the agreement the goods or services to be supplied under the…
Section 180 — Repayment of payments received after termination
(1) The supplier under an unsolicited consumer agreement commits an offence if: (a) the agreement is terminated in accordance with section 82; and (b) the supplier does not immediately refund to the…
Section 181 — Prohibition on recovering amounts after termination
(1) A person commits an offence if: (a) an unsolicited consumer agreement is terminated in accordance with section 82; and (b) the person: (i) brings, or asserts an intention to bring, legal…
Section 182 — Certain provisions of unsolicited consumer agreements void
(1) The supplier under an unsolicited consumer agreement commits an offence if the agreement includes, or purports to include, a provision (however described) that is, or would be, void because of…
Section 183 — Authorisations under section 88
(1) An authorisation granted under section 88 (other than former subsection 88(5) or (6A)) that was in force immediately before the commencement time continues in force (and may be dealt with) at and…
Section 184 — Application of this Division to persons to whom rights of consumers and suppliers are assigned etc.
(1) This Division applies in relation to a person to whom the rights of a consumer (the original consumer) under a contract for the supply of goods or services are assigned or transferred, or pass by…
Section 185 — Merger clearances and authorisations
Existing old law merger clearances and authorisations to be treated as new law merger authorisations (1) A clearance or authorisation granted under former Division 3 of Part VII that was in force…
Section 186 — Application of repeal of subsection 51(3)
(1) The amendment made by item 1 of Schedule 4 to the Treasury Laws Amendment (2018 Measures No. 5) Act 2019 applies in relation to a licence granted, an assignment made, or a contract, arrangement…
Section 187 — Application of amendments
The amendments made by Part 2 of Schedule 1 to the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 apply in relation to offences committed on or after the commencement of that…
Section 188 — Lay-by agreements must be in writing etc.
(1) A supplier of goods who is a party to a lay-by agreement commits an offence if: (a) the agreement is not in writing; or (b) a copy of the agreement is not given to the consumer to whom the goods…
Section 189 — Requirement to notify
(1) Division 2 of Part IVA does not apply in relation to an acquisition to which subsection (2) applies. (2) This subsection applies to an acquisition if: (a) between 1 July 2025 and 31 December…
Section 190 — Termination of lay-by agreements by suppliers
(1) A supplier of goods who is a party to a lay-by agreement commits an offence if the supplier terminates the agreement. Penalty: (a) if the person is a body corporate—$30,000; or (b) if the person…
Section 191 — Refund of amounts
(1) A supplier of goods who is a party to a lay-by agreement commits an offence if: (a) the agreement is terminated by a party to the agreement; and (b) the supplier fails to refund to the consumer…
Section 191A — Gift cards to be redeemable for at least 3 years
(1) A person commits an offence if: (a) the person, in trade or commerce, supplies a gift card to a consumer; and (b) the day the gift card ceases to be redeemable is earlier than 3 years after the…
Section 191B — When gift card ceases to be redeemable to appear prominently on gift card
(1) A person commits an offence if: (a) the person, in trade or commerce, supplies a gift card to a consumer; and (b) one of the following does not appear prominently on the gift card: (i) the date…
Section 191C — Terms and conditions not to allow post-supply fees
(1) A person commits an offence if: (a) the person, in trade or commerce, supplies a gift card to a consumer; and (b) the terms or conditions (however described) of the gift card allow or require the…
Section 191D — Post-supply fees not to be demanded or received
(1) A person commits an offence if the person, in trade or commerce, demands or receives payment of a post-supply fee in relation to a gift card. Penalty: (a) if the person is a body…
Section 191E — Regulations may limit the application of this Division
The regulations may provide that some or all of the provisions of this Division do not apply to or in relation to: (a) gift cards of a kind prescribed by the regulations; or (b) persons of a kind…
Section 192 — Acquisition of property
(1) The amendments made by Schedule 1 to the Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024 do not apply in relation to an acquisition if: (a) apart from this section, the…
Section 193 — Repairers must comply with prescribed requirements
(1) A person commits an offence if: (a) the person accepts from another person goods that the other person acquired as a consumer; and (b) the goods are accepted for the purpose of repairing them;…
Section 194 — Supplying etc. consumer goods that do not comply with safety standards
(1) A person commits an offence if: (a) the person, in trade or commerce, supplies consumer goods of a particular kind; and (b) a safety standard for consumer goods of that kind is in force; and (c)…
Section 195 — Supplying etc. product related services that do not comply with safety standards
(1) A person commits an offence if: (a) the person, in trade or commerce, supplies product related services of a particular kind; and (b) a safety standard for services of that kind is in force; and…
Section 196 — Requirement to nominate a safety standard
(1) A person commits an offence if the person refuses or fails to comply with a request given to the person under subsection 108(2). Penalty: (a) if the person is a body corporate—$22,000; or (b) if…
Section 197 — Supplying etc. consumer goods covered by a ban
(1) A person commits an offence if: (a) the person, in trade or commerce, supplies consumer goods of a particular kind; and (b) either: (i) an interim ban on goods of that kind is in force in the…
Section 198 — Supplying etc. product related services covered by a ban
(1) A person commits an offence if: (a) the person, in trade or commerce, supplies product related services of a particular kind; and (b) either: (i) an interim ban on services of that kind is in…
Section 199 — Compliance with recall orders
(1) A person commits an offence if: (a) a recall notice for consumer goods is in force; and (b) the notice requires the person (other than the regulator) to do one or more things; and (c) the person…
Section 200 — Notification by persons who supply consumer goods outside Australia if there is compulsory recall
(1) A person commits an offence if: (a) the person is required by section 125(4) to give a copy of a notice to a responsible Minister; and (b) the person refuses or fails to give the copy as required…
Section 201 — Notification requirements for a voluntary recall of consumer goods
(1) A person commits an offence if: (a) the person is required by section 128(2) to give a notice to the Commonwealth Minister; and (b) the person refuses or fails to give the notice as required by…
Section 202 — Suppliers to report consumer goods etc. associated with the death or serious injury or illness of any person
(1) A person commits an offence if: (a) the person is required by section 131 or 132 to give a notice to the Commonwealth Minister; and (b) the person refuses or fails to give the notice as required…
Section 203 — Supplying etc. goods that do not comply with information standards
(1) A person commits an offence if: (a) the person, in trade or commerce, supplies goods of a particular kind; and (b) an information standard for goods of that kind is in force; and (c) the person…
Section 204 — Supplying etc. services that do not comply with information standards
(1) A person commits an offence if: (a) the person, in trade or commerce, supplies services of a particular kind; and (b) an information standard for services of that kind is in force; and (c) the…