Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 258 — Proceedings relating to false, misleading or deceptive conduct or representations
If: (a) proceedings are brought against a person in respect of section 18, 29(1)(a) or (k) or 151(1)(a) or (k); and (b) the person seeks to rely on a provision of this Part, or of a regulation made…
Section 259 — Action against suppliers of goods
(1) A consumer may take action under this section if: (a) a person (the supplier) supplies, in trade or commerce, goods to the consumer; and (b) a guarantee that applies to the supply under…
Section 260 — When a failure to comply with a guarantee is a major failure
(1) A failure to comply with a guarantee referred to in section 259(1)(b) that applies to a supply of goods is a major failure if: (a) the goods would not have been acquired by a reasonable consumer…
Section 261 — How suppliers may remedy a failure to comply with a guarantee
If, under section 259(2)(a), a consumer requires a supplier of goods to remedy a failure to comply with a guarantee referred to in section 259(1)(b), the supplier may comply with the requirement: (a)…
Section 262 — When consumers are not entitled to reject goods
(1) A consumer is not entitled, under section 259, to notify a supplier of goods that the consumer rejects the goods if: (a) the rejection period for the goods has ended; or (b) the goods have been…
Section 263 — Consequences of rejecting goods
(1) This section applies if, under section 259, a consumer notifies a supplier of goods that the consumer rejects the goods. (2) The consumer must return the goods to the supplier unless: (a) the…
Section 264 — Replaced goods
If the goods are replaced under section 261(c) or 263(4)(b): (a) the replacement goods are taken, for the purposes of Division 1 of Part 3-2 and this Part, to be supplied by the supplier; and (b) the…
Section 265 — Termination of contracts for the supply of services that are connected with rejected goods
(1) If: (a) under section 259, a consumer notifies a supplier of goods that the consumer rejects the goods; and (b) the supplier is required under section 263(4)(a) to give the consumer a refund; and…
Section 266 — Rights of gift recipients
If a consumer acquires goods from a supplier and gives them to another person as a gift, the other person may, subject to any defence which would be available to the supplier against the consumer:…
Section 267 — Action against suppliers of services
(1) A consumer may take action under this section if: (a) a person (the supplier) supplies, in trade or commerce, services to the consumer; and (b) a guarantee that applies to the supply under…
Section 268 — When a failure to comply with a guarantee is a major failure
(1) A failure to comply with a guarantee referred to in section 267(1)(b) that applies to a supply of services is a major failure if: (a) the services would not have been acquired by a reasonable…
Section 269 — Termination of contracts for the supply of services
(1) This section applies if, under section 267, a consumer terminates a contract for the supply of services. (2) The termination takes effect: (a) at the time the termination is made known to the…
Section 270 — Termination of contracts for the supply of goods that are connected with terminated services
(1) If: (a) under section 267, a consumer terminates a contract for the supply of services; and (b) a person (the supplier) has supplied, in trade or commerce, goods to the consumer that are…
Section 271 — Action for damages against manufacturers of goods
(1) If: (a) the guarantee under section 54 applies to a supply of goods to a consumer; and (b) the guarantee is not complied with; an affected person in relation to the goods may, by action against…
Section 272 — Damages that may be recovered by action against manufacturers of goods
(1) In an action for damages under this Division, an affected person in relation to goods is entitled to recover damages for: (a) any reduction in the value of the goods, resulting from the failure…
Section 273 — Time limit for actions against manufacturers of goods
An affected person may commence an action for damages under this Division at any time within 3 years after the day on which the affected person first became aware, or ought reasonably to have become…
Section 274 — Indemnification of suppliers by manufacturers
(1) A manufacturer of goods is liable to indemnify a person (the supplier) who supplies the goods to a consumer if: (a) the supplier is liable to pay damages under section 259(4) to the consumer for…
Section 275 — Limitation of liability etc.
If: (a) there is a failure to comply with a guarantee that applies to a supply of services under Subdivision B of Division 1 of Part 3-2; and (b) the law of a State or a Territory is the proper law…
Section 276 — This Part not to be excluded etc. by contract
(1) A term of a contract (including a term that is not set out in the contract but is incorporated in the contract by another term of the contract) is void to the extent that the term purports to…
Section 276A — Limitation in certain circumstances of liability of manufacturer to seller
(1) Despite section 274, if goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability under that section of the manufacturer of the goods to a…
Section 277 — Representative actions by the regulator
(1) The regulator may, by application, commence an action under this Part on behalf of one or more persons identified in the application who are entitled under this Part to take the action. (2) The…
Section 278 — Liability of suppliers and linked credit providers relating to linked credit contracts
(1) If a consumer who is a party to a linked credit contract suffers loss or damage as a result of: (a) a misrepresentation relating to the credit provided under that linked credit contract, or to a…
Section 279 — Action by consumer to recover amount of loss or damage
(1) If a linked credit provider, and a supplier of the goods or services, are liable under section 278 to a consumer for an amount of loss or damage, the consumer may recover the amount by action in…
Section 280 — Cases where a linked credit provider is not liable
(1) In joint liability proceedings, a linked credit provider is not liable to a consumer under section 278 if the linked credit provider establishes that: (a) the credit provided by the credit…
Section 281 — Amount of liability of linked credit providers
The liability of a linked credit provider to a consumer under section 278(1) in relation to a contract referred to in section 278(1) is limited to an amount that does not exceed the sum of: (a) the…
Section 282 — Counter-claims and offsets
(1) If proceedings in relation to a linked credit contract are brought against a consumer who is party to the contract by the linked credit provider who is a party to the contract, the consumer is…
Section 283 — Enforcement of judgments etc.
(1) If, in joint liability proceedings, judgment is given against a supplier and a linked credit provider, the judgment must not be enforced against the credit provider unless a written demand made…
Section 284 — Award of interest to consumers
(1) If, in joint liability proceedings, judgment is given against the following (the defendant) for an amount of loss or damage: (a) a supplier and a linked credit provider; (b) a linked credit…
Section 285 — Liability of suppliers to linked credit providers, and of linked credit providers to suppliers
(1) If a linked credit provider and supplier are liable, under section 278, to a consumer who is a party to a linked credit contract: (a) if the liability relates to a supply of goods or services to…
Section 286 — Joint liability proceedings and recovery under section 135 of the National Credit Code
(1) If: (a) a consumer is seeking, in joint liability proceedings, to recover an amount under section 279 in relation to a contract for the supply of goods or services; and (b) the contract has been…
Section 287 — Liability of suppliers and credit providers relating to non-linked credit contracts
(1) If a consumer who is a party to a non-linked credit contract suffers loss or damage as a result of a failure to comply with a guarantee that applies, under section 54, 55, 56, 57, 60, 61 or 62,…
Section 288 — Application of amendments relating to lay-by agreements
The amendments made by items 1 to 8 and 10 to 15 of Schedule 7 to the Consumer Credit Legislation Amendment (Enhancements) Act 2012 apply to lay-by agreements entered into on or after the…
Section 289 — Application of amendment relating to repairs
The amendment made by item 9 of Schedule 7 to the Consumer Credit Legislation Amendment (Enhancements) Act 2012 applies to notices to be given in relation to the repair of goods accepted on or after…
Section 290 — Saving of regulations relating to repairs
Despite the amendment made to subsection 103(1) of Schedule 2 to the Competition and Consumer Act 2010 by item 9 of Schedule 7 to the Consumer Credit Legislation Amendment (Enhancements) Act 2012,…
Section 290A — Application
(1) The amendments made by Schedule 1 to the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 apply in relation to a contract entered into on or after the…
Section 291 — Application of amendments relating to confidentiality of notices
The amendment made by Part 4 of Schedule 14 to the Competition and Consumer Amendment (Competition Policy Review) Act 2017 applies in relation to disclosures made on or after the commencement of that…
Section 292 — Application of amendments relating to prohibition on supplies
The amendments made by Part 6 of Schedule 14 to the Competition and Consumer Amendment (Competition Policy Review) Act 2017 apply in relation to unsolicited consumer agreements made on or after the…
Section 295 — Application of amendments
The amendments made by Schedule 1 to the Treasury Laws Amendment (2018 Measures No. 3) Act 2018 apply in relation to acts or omissions that occur on or after the commencement of that Schedule.
Section 296 — Application—listed public companies
The amendments made by items 4 and 5 of Schedule 2 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 apply in relation to acts or omissions on or after the day that Schedule…
Section 297 — Application—unsolicited supplies
The amendments made by Schedule 3 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 apply in relation to acts or omissions on or after the day that Schedule commences.
Section 298 — Application—unsolicited consumer agreements
The amendment made by Schedule 4 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 applies in relation to acts or omissions that relate to agreements entered into on or after…
Section 299 — Application—single price
The amendments made by Schedule 5 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 apply in relation to acts or omissions on or after the day that is 12 months after the day…
Section 300 — Application—non-punitive orders
The amendments made by Schedule 8 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 apply in relation to orders relating to acts or omissions on or after the day that Schedule…
Section 301 — Application—guarantees relating to the supply of services
The amendments made by Schedule 9 to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 apply in relation to services supplied under a contract entered into on or after the day…
Section 302 — Application of amendments relating to gift cards
The amendments made by Schedule 1 to the Treasury Laws Amendment (Gift Cards) Act 2018 apply to gift cards supplied on or after 1 November 2019.
Section 303 — Application of amendments relating to multiple non-major consumer guarantee failures
(1) The amendments made by Part 1 of Schedule 4 to the Treasury Laws Amendment (2020 Measures No. 6) Act 2020 apply in relation to goods supplied under a contract entered into on or after the day…
Section 304 — Application of amendments relating to penalties
The amendments made by Part 4 of Schedule 1 to the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 apply in relation to offences committed, or acts or omissions that occurred, on…
Section 305 — Application of amendments relating to unfair contract terms
(1) This section applies to the amendments of this Schedule made by Schedule 2 (the amending Schedule) to the Treasury Laws Amendment (More Competition, Better Prices) Act 2022. (2) The amendments:…
Section 306 — Definitions
In this Part: amending Schedule means Schedule 2 to the Treasury Laws Amendment (Fairer for Families and Farmers and Other Measures) Act 2024.
Section 307 — Saving—safety standards declared by the Minister
Despite the repeal of section 105 by the amending Schedule, a safety standard that: (a) was declared for the purposes of that section; and (b) was in force immediately before the commencement of Part…