Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 205 — Compliance with substantiation notices
(1) A person commits an offence if the person: (a) is given a substantiation notice; and (b) refuses or fails to comply with it within the substantiation notice compliance period for the notice.…
Section 206 — False or misleading information etc.
(1) A person commits an offence if the person, in compliance or purported compliance with a substantiation notice given by the regulator: (a) gives to the regulator false or misleading information;…
Section 207 — Reasonable mistake of fact
(1) In a prosecution for a contravention of a provision of this Chapter, it is a defence if the defendant proves that the contravention was caused by a reasonable mistake of fact, including a mistake…
Section 208 — Act or default of another person etc.
(1) In a prosecution for a contravention of a provision of this Chapter, it is a defence if the defendant proves that: (a) the contravention was due to the act or default of another person, to an…
Section 209 — Publication of advertisements in the ordinary course of business
In a prosecution for a contravention of a provision of this Chapter that was committed by publication of an advertisement, it is a defence if the defendant proves that: (a) the defendant is a person…
Section 210 — Supplying goods acquired for the purpose of re-supply
(1) In a prosecution for a contravention of a provision of this Chapter that was committed by supplying goods in contravention of section 194 or 203, it is a defence if the defendant proves that: (a)…
Section 211 — Supplying services acquired for the purpose of re-supply
(1) In a prosecution for a contravention of a provision of this Chapter that was committed by supplying services in contravention of section 195 or 204, it is a defence if the defendant proves that:…
Section 212 — Prosecutions to be commenced within 3 years
A prosecution for an offence against a provision of this Chapter may be commenced at any time within 3 years after the commission of the offence.
Section 213 — Preference must be given to compensation for victims
If a court considers that: (a) it is appropriate to impose a fine on a person (the defendant) under this Chapter in relation to: (i) a contravention of a provision of this Schedule; or (ii) an…
Section 214 — Penalties for contraventions of the same nature etc.
(1) If: (a) a person is convicted of 2 or more offences constituted by, or relating to, contraventions of the same provision of this Chapter; and (b) the contraventions appear to the court: (i) to…
Section 215 — Penalties for previous contraventions of the same nature etc.
(1) If: (a) a person is convicted of an offence constituted by, or relating to, a contravention of a provision of this Chapter; and (b) a fine has, or fines have, previously been imposed on the…
Section 216 — Granting of injunctions etc.
In proceedings against a person for a contravention of a provision of this Chapter, the court may: (a) grant an injunction under Division 2 of Part 5-2 against the person in relation to: (i) the…
Section 217 — Criminal proceedings not to be brought for contraventions of Chapter 2 or 3
Criminal proceedings do not lie against a person only because the person: (a) has contravened a provision of Chapter 2 or 3; or (b) has attempted to contravene such a provision; or (c) has aided,…
Section 218 — Regulator may accept undertakings
(1) The regulator may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the regulator has a power or function under this…
Section 219 — Regulator may require claims to be substantiated etc.
(1) This section applies if a person has, in trade or commerce, made a claim or representation promoting, or apparently intended to promote: (a) a supply, or possible supply, of goods or services by…
Section 220 — Extending periods for complying with substantiation notices
(1) A person who has been given a substantiation notice may, at any time within 21 days after the notice was given to the person by the regulator, apply in writing to the regulator for an extension…
Section 221 — Compliance with substantiation notices
(1) A person who is given a substantiation notice must comply with it within the substantiation notice compliance period for the notice. Note: A pecuniary penalty may be imposed for a contravention…
Section 222 — False or misleading information etc.
(1) A person must not, in compliance or purported compliance with a substantiation notice given by the regulator: (a) give to the regulator false or misleading information; or (b) produce to the…
Section 223 — Regulator may issue a public warning notice
(1) The regulator may issue to the public a written notice containing a warning about the conduct of a person if: (a) the regulator has reasonable grounds to suspect that the conduct may constitute a…
Section 224 — Pecuniary penalties
(1) If a court is satisfied that a person: (a) has contravened any of the following provisions: (i) a provision of Part 2-2 (which is about unconscionable conduct); (iia) section 23(2A) or (2C)…
Section 225 — Pecuniary penalties and offences
(1) A court must not make an order under section 224 against a person in relation to either of the following matters (a consumer protection breach): (a) a contravention of a provision referred to in…
Section 226 — Defence
If, in proceedings under section 224 against a person other than a body corporate, it appears to a court that the person has, or may have: (a) engaged in conduct in contravention of a provision…
Section 227 — Preference must be given to compensation for victims
If a court considers that: (a) it is appropriate to order a person (the defendant) to pay a pecuniary penalty under section 224 in relation to: (i) a contravention of a provision referred to in…
Section 228 — Civil action for recovery of pecuniary penalties
(1) The regulator may institute a proceeding in a court for the recovery on behalf of the Commonwealth, a State or a Territory, as the case may be, of a pecuniary penalty referred to in section 224.…
Section 229 — Indemnification of officers
(1) A body corporate (the first body), or a body corporate related to the first body, commits an offence if it indemnifies a person (whether by agreement or by making a payment and whether directly…
Section 230 — Certain indemnities not authorised and certain documents void
(1) Section 229 does not authorise anything that would otherwise be unlawful. (2) Anything that purports to indemnify a person against a liability is void to the extent that it contravenes section…
Section 232 — Injunctions
(1) A court may grant an injunction, in such terms as the court considers appropriate, if the court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or…
Section 233 — Consent injunctions
If an application is made under section 232, the court may, if it considers that it is appropriate to do so, grant an injunction under this section by consent of all the parties to the proceedings,…
Section 234 — Interim injunctions
(1) If an application is made under section 232, the court may, if it considers it is desirable to do so, grant an interim injunction under this subsection pending the determination of the…
Section 235 — Variation and discharge of injunctions
A court may vary or discharge an injunction (including an interim injunction) that it has granted under this Division.
Section 236 — Actions for damages
(1) If: (a) a person (the claimant) suffers loss or damage because of the conduct of another person; and (b) the conduct contravened a provision of Chapter 2 or 3; the claimant may recover the amount…
Section 237 — Compensation orders etc. on application by an injured person or the regulator
(1) A court may: (a) on application of a person (the injured person) who has suffered, or is likely to suffer, loss or damage because another person has engaged in conduct in contravention of a…
Section 238 — Compensation orders etc. arising out of other proceedings
(1) If: (a) a proceeding is instituted in a court under a provision of Chapter 4 or this Chapter (other than this section); and (b) the court finds that a party to the proceeding (the injured person)…
Section 239 — Orders to redress etc. loss or damage suffered by non-parties
(1) If: (a) a person: (i) engaged in conduct (the contravening conduct) in contravention of a provision of Chapter 2, Part 3-1, Division 2, 3 or 4 of Part 3-2 or Chapter 4; or (ii) is a party to a…
Section 240 — Determining whether to make a redress order etc. for non-parties
(1) In determining whether to make an order under section 239(1) against a person referred to in section 239(2)(a), the court may have regard to the conduct of the person, and of the non-parties in…
Section 241 — When a non-party is bound by a redress order etc.
(1) A non-party is bound by an order made under section 239(1) against a person if: (a) the loss or damage suffered, or likely to be suffered, by the non-party in relation to the contravening…
Section 243 — Kinds of orders that may be made
Without limiting section 237(1), 238(1) or 239(1), the orders that a court may make under any of those sections against a person (the respondent) include all or any of the following: (a) an order…
Section 243A — Orders made in favour of party to contract containing unfair term
(1) If a declaration has been made under section 250 in relation to a term (the declared term) of a contract, a court may: (a) on the application of a party to the contract; or (b) on the application…
Section 243B — Orders made on application of the regulator to prevent and remedy unfair contract terms
(1) If a declaration has been made under section 250 in relation to a term (the declared term) of a contract, a court may, on the application of the regulator, make against a party (the respondent)…
Section 245 — Interaction with other provisions
(1) An application may be made under section 237(1), 239(1), 243A(1) or 243B(1) even if an enforcement proceeding in relation to the conduct or term referred to in that section has not been…
Section 246 — Non-punitive orders
(1) A court may, on application of the regulator, make one or more of the orders mentioned in subsection (2) in relation to a person who has engaged in conduct that: (a) contravenes a provision of…
Section 247 — Adverse publicity orders
(1) A court may, on application of the regulator, make an adverse publicity order in relation to a person who: (a) has contravened a provision of Part 2-2 or 2-3 or Chapter 3; or (b) has committed an…
Section 248 — Order disqualifying a person from managing corporations
(1) A court may, on application of the regulator, make an order disqualifying a person from managing corporations for a period that the court considers appropriate if: (a) the court is satisfied that…
Section 249 — Privilege against exposure to penalty or forfeiture—disqualification from managing corporations
(1) In a civil or criminal proceeding under, or arising out of, this Schedule, a person is not entitled to refuse or fail to comply with a requirement: (a) to answer a question or give information;…
Section 250 — Declarations relating to consumer contracts and small business contracts
(1) The Court may declare that a term of a consumer contract is an unfair term, on application by: (a) a party to the contract; or (b) the regulator. (2) The Court may declare that a term of a small…
Section 251 — Publication of advertisement in the ordinary course of business
(1) This section applies to a proceeding under this Part in relation to a contravention of a provision of Part 2-1 or 2-2 or Chapter 3 if the contravention was committed by the publication of an…
Section 252 — Supplying consumer goods for the purpose of re-supply
(1) This section applies to a proceeding under this Part in relation to a contravention of a provision of Part 2-1 or 2-2 or Chapter 3 committed by: (a) the supplying of consumer goods that did not…
Section 253 — Supplying product related services for the purpose of re-supply
(1) This section applies to a proceeding under this Part in relation to a contravention of a provision of Part 2-1 or 2-2 or Chapter 3 committed by: (a) the supplying of product related services that…
Section 254 — Overview
This Part provides that certain country of origin representations made about goods do not contravene: (a) section 18 (which deals with misleading or deceptive conduct); or (b) section 29(1)(a) or (k)…
Section 255 — Country of origin representations do not contravene certain provisions
(1) A person does not contravene section 18, 29(1)(a) or (k) or 151(1)(a) or (k) only by making a representation of a kind referred to in an item in the first column of this table, if the…