Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 44PC — Revocation of approval decision
Discretionary revocation (1) The Commission may, by writing, revoke a decision to approve a tender process as a competitive tender process if it is satisfied that the assessment of the tenders was…
Section 44ZC — Determination of questions
If the Commission is constituted for an arbitration by 2 or more members of the Commission, any question before the Commission is to be decided: (a) unless paragraph (b) applies—according to the…
Section 44ZZBC — Time limit for Commission decisions
Commission to make decision on application within 180 days (1) The Commission must make a decision on an access undertaking application or an access code application within the period of 180 days…
Section 44ZZC — Register of access undertakings and access codes
(1) The Commission must maintain a public register that includes all access undertakings and access codes that have been accepted by the Commission, including those that are no longer in operation.…
Section 44ZZCC — Overlap between determinations and access undertakings
If, at a particular time: (a) a final determination is in operation in relation to a declared service; and (b) an access undertaking is in operation in relation to the service; the third party’s…
Section 44AAD — Meetings
(1) The AER Chair must convene such meetings of the AER as he or she thinks necessary for the efficient performance of the functions of the AER. Note: See also section 33B of the Acts Interpretation…
Section 44AD — Extra-territorial operation
It is the intention of the Parliament that the operation of this Part should, as far as possible, include operation in relation to the following: (a) things situated in or outside Australia; (b)…
Section 44D — Meaning of designated Minister
(1) The Commonwealth Minister is the designated Minister unless subsection (2), (3), (4) or (5) applies. (2) In relation to declaring a service in a case where: (a) the provider is a State or…
Section 44LD — Time limit for Council recommendations
Council to make recommendation within the consideration period (1) The Council must make a recommendation on an application under section 44LB within the consideration period. (2) The consideration…
Section 44PD — Time limit for Commission decisions
Commission to make decision within 90 days (1) The Commission must make a decision on an application under subsection 44PA(1) within the period of 90 days (the expected period) starting at the start…
Section 44ZD — Hearing to be in private
(1) Subject to subsection (2), an arbitration hearing for an access dispute is to be in private. (2) If the parties agree, an arbitration hearing or part of an arbitration hearing may be conducted in…
Section 44ZZBD — Commission may invite public submissions
Invitation (1) The Commission may publish, by electronic or other means, a notice inviting public submissions on an access undertaking application or an access code application if it considers that…
Section 44ZZCD — Overlap between registered contracts and access undertakings
If, at a particular time: (a) a contract is registered under Division 4 in relation to a declared service; and (b) an access undertaking is in operation in relation to the service; the third party’s…
Section 44ZZD — Enforcement of determinations
(1) If the Federal Court is satisfied, on the application of a party to a determination, that another party to the determination has engaged, is engaging, or is proposing to engage in conduct that…
Section 44AAE — Resolutions without meetings
(1) If all AER members sign a document containing a statement that they are in favour of a resolution in terms set out in the document, then a resolution in those terms is taken to have been passed…
Section 44AE — Establishment of the AER
(1) The Australian Energy Regulator (the AER) is established by this section. (2) The AER: (a) is a body corporate with perpetual succession; and (b) must have a common seal; and (c) may acquire,…
Section 44E — This Part binds the Crown
(1) This Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (2) Nothing in this Part makes the Crown liable…
Section 44LE — Council may invite public submissions on the application
Invitation (1) The Council may publish, by electronic or other means, a notice inviting public submissions on an application under section 44LB if it considers that it is appropriate and practicable…
Section 44NE — Council may invite public submissions
Invitation (1) The Council may publish, by electronic or other means, a notice inviting public submissions on an application under section 44M, 44NA or 44NBA, or on a consideration by the Council on…
Section 44PE — Commission may invite public submissions
Invitation (1) The Commission may publish, by electronic or other means, a notice inviting public submissions: (a) on an application under subsection 44PA(1); or (b) on any proposed decision under…
Section 44ZE — Right to representation
In an arbitration hearing before the Commission under this Part, a party may appear in person or be represented by someone else.
Section 44ZZBE — Commission must publish its decisions
(1) The Commission must publish, by electronic or other means, an access undertaking decision or an access code decision and its reasons for the decision. (2) The Commission must give a copy of the…
Section 44ZZE — Enforcement of prohibition on hindering access
(1) If the Federal Court is satisfied, on the application of any person, that another person (the obstructor) has engaged, is engaging, or is proposing to engage in conduct constituting a…
Section 44AAF — Confidentiality
(1) The AER must take all reasonable measures to protect from unauthorised use or disclosure information: (a) given to it in confidence in, or in connection with, the performance of its functions or…
Section 44AF — AER to hold money and property on behalf of the Commonwealth
The AER holds any money or property for and on behalf of the Commonwealth.
Section 44F — Person may request recommendation
(1) The designated Minister, or any other person, may apply in writing to the Council asking the Council to recommend that a particular service be declared unless: (a) the service is the subject of a…
Section 44LF — Council must publish its recommendation
Council must publish its recommendation (1) The Council must publish, by electronic or other means, a recommendation under section 44LB and its reasons for the recommendation. (2) The Council must…
Section 44NF — Publication—Council
(1) The Council must publish, by electronic or other means, a recommendation under section 44M, 44NA or 44NBA and its reasons for the recommendation. (2) The Council must give a copy of the…
Section 44PF — Commission must publish its decisions
(1) The Commission must publish, by electronic or other means, a decision under subsection 44PA(3) or 44PC(1) or (2) and its reasons for the decision. (2) The Commission must give a copy of the…
Section 44ZF — Procedure of Commission
(1) In an arbitration hearing about an access dispute, the Commission: (a) is not bound by technicalities, legal forms or rules of evidence; and (b) must act as speedily as a proper consideration of…
Section 44ZZBF — Review of decisions
Application (1) A person whose interests are affected by an access undertaking decision or an access code decision may apply in writing to the Tribunal for review of the decision. (2) The person must…
Section 44ZZF — Consent injunctions
On an application for an injunction under section 44ZZD or 44ZZE, the Federal Court may grant an injunction by consent of all of the parties to the proceedings, whether or not the Court is satisfied…
Section 44AAG — Federal Court may make certain orders
(1) The Federal Court may make an order, on application by the AER on behalf of the Commonwealth, declaring that a person is in breach of: (a) a uniform energy law that is applied as a law of the…
Section 44AG — Constitution of the AER
The AER consists of: (a) 2 Commonwealth AER members, appointed in accordance with section 44AM; and (b) 3 State/Territory AER members, appointed in accordance with section 44AP.
Section 44G — Criteria for the Council recommending declaration of a service
The Council cannot recommend that a service be declared unless it is satisfied of all of the declaration criteria for the service.
Section 44LG — Designated Minister’s decision on ineligibility
(1) On receiving an ineligibility recommendation, the designated Minister must: (a) decide: (i) that the service is ineligible to be a declared service; and (ii) the period for which the decision is…
Section 44NG — Publication—Commonwealth Minister
(1) The Commonwealth Minister must publish, by electronic or other means, his or her decision on a recommendation under section 44M, 44NA or 44NBA and his or her reasons for the decision. (2) The…
Section 44PG — Review of Commission’s initial decision
Application (1) A person whose interests are affected by a decision of the Commission under subsection 44PA(3) may apply in writing to the Tribunal for review of the decision. (2) The person must…
Section 44ZG — Particular powers of Commission
(1) The Commission may do any of the following things for the purpose of arbitrating an access dispute: (a) give a direction in the course of, or for the purposes of, an arbitration hearing; (b) hear…
Section 44ZZG — Interim injunctions
(1) The Federal Court may grant an interim injunction pending determination of an application under section 44ZZD or 44ZZE. (2) If the Commission makes an application under section 44ZZE to the…
Section 44AAH — Delegation by the AER
The AER may, by resolution, delegate: (a) all or any of the AER’s functions and powers under this Part or under regulations made under this Act, or under another law of the Commonwealth; or (b) all…
Section 44AH — Commonwealth functions
(1) The AER has any functions: (a) conferred under a law of the Commonwealth; or (b) prescribed by regulations made under this Act. Note: The AER may have functions under the Australian Energy Market…
Section 44H — Designated Minister may declare a service
(1) On receiving a declaration recommendation, the designated Minister must either declare the service or decide not to declare it. Note: The designated Minister must publish his or her decision: see…
Section 44LH — Designated Minister must publish his or her decision
(1) The designated Minister must publish, by electronic or other means, his or her decision on an ineligibility recommendation and his or her reasons for the decision. (2) The designated Minister…
Section 44PH — Review of decision to revoke an approval
Application (1) If the Commission makes a decision under subsection 44PC(1) or (2), the following persons may apply in writing to the Tribunal for review of the decision: (a) for either decision—the…
Section 44ZH — Power to take evidence on oath or affirmation
(1) The Commission may take evidence on oath or affirmation and for that purpose a member of the Commission may administer an oath or affirmation. (2) The member of the Commission who is presiding…
Section 44ZZH — Factors relevant to granting a restraining injunction
The power of the Federal Court to grant an injunction under section 44ZZD or 44ZZE restraining a person from engaging in conduct may be exercised whether or not: (a) it appears to the Court that the…
Section 44AAI — Fees
(1) The AER may charge a fee specified in the regulations for services provided by it in performing any of its functions, or exercising any of its powers, under this Part or under regulations made…
Section 44AI — Commonwealth consent to conferral of functions etc. on AER
General rule (1) Subject to section 44AIA, a State/Territory energy law or a local energy instrument may confer functions or powers, or impose duties, on the AER for the purposes of that law or…
Section 44I — Duration and effect of declaration
(1) Subject to this section, a declaration begins to operate at a time specified in the declaration. The time cannot be earlier than 21 days after the declaration is published. (2) If: (a) an…