Competition and Consumer Act 2010

Sections and provisions with full text and the judgments that cite each one.

Section 44LI — Revocation of ineligibility decision

Council may recommend revocation if facility materially different or upon request (1) The Council may recommend to the designated Minister that the designated Minister revoke his or her decision (the…

Section 44ZI — Failing to attend as a witness

A person who is served, as prescribed, with a summons to appear as a witness before the Commission must not, without reasonable excuse: (a) fail to attend as required by the summons; or (b) fail to…

Section 44ZZI — Factors relevant to granting a mandatory injunction

The power of the Federal Court to grant an injunction under section 44ZZD or 44ZZE requiring a person to do a thing may be exercised whether or not: (a) it appears to the Court that the person…

Section 44AJ — How duty is imposed

Application (1) This section applies if a State/Territory energy law or local energy instrument purports to impose a duty on the AER. Note 1: Section 44AK sets out when such a law or instrument…

Section 44J — Revocation of declaration

(1) The Council may recommend to the designated Minister that a declaration be revoked. The Council must have regard to the objects of this Part in making its decision. (2) The Council cannot…

Section 44LJ — Review of ineligibility decisions

Application for review (1) A person whose interests are affected by a decision of the designated Minister under subsection 44LG(1) may apply in writing to the Tribunal for a review of the decision.…

Section 44ZJ — Failing to answer questions etc.

(1) A person appearing as a witness before the Commission must not, without reasonable excuse: (a) refuse or fail to be sworn or to make an affirmation; or (b) refuse or fail to answer a question…

Section 44ZZJ — Enforcement of access undertakings

(1) If the Commission thinks that the provider of an access undertaking in operation under Division 6 has breached any of its terms, the Commission may apply to the Federal Court for an order under…

Section 44AAK — Regulations may deal with transitional matters

(1) The Governor-General may make regulations dealing with matters of a transitional nature relating to the transfer of functions and powers from a body to the AER. (2) Without limiting subsection…

Section 44AK — When a State/Territory energy law etc. imposes a duty

For the purposes of sections 44AI and 44AJ, a State/Territory energy law or local energy instrument imposes a duty on the AER if: (a) the law or instrument confers a function or power on the AER; and…

Section 44K — Review of declaration

(1) If the designated Minister declares a service, the provider may apply in writing to the Tribunal for review of the declaration. (2) If the designated Minister decides not to declare a service, an…

Section 44LK — Review of decision to revoke or not revoke an ineligibility decision

Application for review (1) A person whose interests are affected by a decision of the designated Minister under subsection 44LI(3) may apply in writing to the Tribunal for a review of the decision.…

Section 44ZK — Intimidation etc.

A person must not: (a) threaten, intimidate or coerce another person; or (b) cause or procure damage, loss or disadvantage to another person; because that other person: (c) proposes to produce, or…

Section 44ZZK — Discharge or variation of injunction or other order

The Federal Court may discharge or vary an injunction or order granted under this Division.

Section 44AAL — Application of the finance law

For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the following combination of bodies is a listed entity: (i) the…

Section 44AL — Powers of the AER

The AER has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. Note: State and Territory laws or instruments may also confer powers…

Section 44L — Review of decision not to revoke a declaration

(1) If the designated Minister decides not to revoke a declaration, the provider may apply in writing to the Tribunal for review of the decision. (2) An application for review must be made within 21…

Section 44LL — Ineligibility decisions subject to alteration, cancellation etc.

(1) A decision of the designated Minister under section 44LG that a service is ineligible to be a declared service is made on the basis that: (a) the decision may be revoked under section 44LI; and…

Section 44ZL — Party may request Commission to treat material as confidential

(1) A party to an arbitration hearing may: (a) inform the Commission that, in the party’s opinion, a specified part of a document contains confidential commercial information; and (b) request the…

Section 44ZZL — Register of determinations

The Commission must maintain a public register that specifies the following information for each determination: (a) the names of the parties to the determination; (b) the service to which the…

Section 44AM — Appointment of Commonwealth AER members

(1) A Commonwealth AER member is to be appointed by the Governor-General by written instrument, on either a full-time or part-time basis. Note: A Commonwealth AER member is also taken to be an…

Section 44M — Recommendation for a Ministerial decision on effectiveness of access regime

(1) This section applies if a State or Territory that is a party to the Competition Principles Agreement has established at any time a regime for access to a service or a proposed service. (2) The…

Section 44ZM — Sections 18 and 19 do not apply to the Commission in an arbitration

Sections 18 and 19 do not apply to the Commission, as constituted for an arbitration.

Section 44ZZM — Commonwealth consent to conferral of functions etc. on the Commission or Tribunal by State or Territory laws

(1) Subject to section 44ZZMAA, a State or Territory access regime law may confer functions or powers, or impose duties, on the Commission or Tribunal. Note: Section 44ZZMB sets out when such a law…

Section 44N — Ministerial decision on effectiveness of access regime

(1) On receiving a recommendation under section 44M, the Commonwealth Minister must: (a) decide that the access regime is an effective access regime for the service or proposed service; or (b) decide…

Section 44ZN — Parties to pay costs of an arbitration

The regulations may provide for the Commission to: (a) charge the parties to an arbitration for its costs in conducting the arbitration; and (b) apportion the charge between the parties.

Section 44ZZN — Compensation for acquisition of property

(1) If: (a) a determination would result in an acquisition of property; and (b) the determination would not be valid, apart from this section, because a particular person has not been sufficiently…

Section 44AO — Acting appointment of Commonwealth AER member

(1) The Minister may, by written instrument, appoint a person to act as a Commonwealth AER member: (a) during a vacancy in the office of Commonwealth AER member, whether or not an appointment has…

Section 44O — Review of Ministerial decision on effectiveness of access regime

(1) The responsible Minister of the State or Territory: (a) who applied for a recommendation under section 44M that the Commonwealth Minister decide that the access regime is an effective access…

Section 44ZO — Operation of final determinations

(1) If none of the parties to the arbitration applies to the Tribunal under section 44ZP for a review of the Commission’s final determination, the determination has effect 21 days after the…

Section 44ZZO — Conduct by directors, servants or agents

(1) If, in a proceeding under this Part in respect of conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body corporate in relation to particular conduct,…

Section 44AP — Appointment of State/Territory AER members

(1) A State/Territory AER member is to be appointed by the Governor-General by written instrument, on either a full-time or part-time basis. Note: A State/Territory AER member is also taken to be an…

Section 44P — State or Territory ceasing to be a party to Competition Principles Agreement

If a State or Territory that has established a regime for access to a service or proposed service ceases to be a party to the Competition Principles Agreement: (a) a decision by the Commonwealth…

Section 44ZP — Review by Tribunal

(1) A party to a final determination may apply in writing to the Tribunal for a review of the determination. (2) The application must be made within 21 days after the Commission made the final…

Section 44ZZP — Regulations about review by the Tribunal

(1) The regulations may make provision about the following matters in relation to the functions of the Tribunal under this Part: (a) the constitution of the Tribunal; (b) the arrangement of the…

Section 44AQ — Acting appointment of State/Territory AER member

(1) The Minister may, by written instrument, appoint a person to act as a State/Territory AER member: (a) during a vacancy in the office of State/Territory AER member, whether or not an appointment…

Section 44Q — Register of decisions, declarations and ineligibility decisions

The Commission must maintain a public register that includes: (a) each decision of the Commonwealth Minister that a regime established by a State or Territory for access to a service is an effective…

Section 44ZQ — Provisions that do not apply in relation to a Tribunal review

Sections 37, 39 to 43 (inclusive) and 103 to 110 (inclusive) do not apply in relation to a review by the Tribunal of a final determination made by the Commission.

Section 44ZZQ — Regulations about fees for inspection etc. of registers

The regulations may make provision about the inspection of registers maintained under this Part (including provision about fees).

Section 44AR — AER Chair

(1) One of the AER members is to be appointed by the Governor-General as the AER Chair, by written instrument. The appointment as AER Chair may be made at the same time as the appointment as AER…

Section 44R — Constitutional limits on operation of this Division

This Division does not apply in relation to a third party’s access to a service unless: (a) the provider is a corporation (or a partnership or joint venture consisting wholly of corporations); or (b)…

Section 44ZR — Appeals to Federal Court from determinations of the Tribunal

(1) A party to an arbitration may appeal to the Federal Court, on a question of law, from the decision of the Tribunal under section 44ZP. (2) An appeal by a person under subsection (1) must be…

Section 44ZZR — Procedure of the Tribunal when performing functions under a State/Territory energy law or a designated Commonwealth energy law

(1) Sections 103, 105, 106, 107, 108 and 110 of this Act apply to the Tribunal when performing functions under a State/Territory energy law or a designated Commonwealth energy law. (2) The…