Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 45AU — Collective acquisition of goods or services by the parties to a contract, arrangement or understanding
(1) Sections 45AF, 45AG, 45AJ and 45AK do not apply in relation to a contract, arrangement or understanding containing a cartel provision, in so far as: (a) the cartel provision has the purpose, or…
Section 45AV — Purportedly putting acquisitions into effect
(1) A reference in this Division to putting an acquisition into effect includes a reference to purportedly putting the acquisition into effect. (2) A person purportedly puts into effect an…
Section 45AW — Commission must be notified of acquisitions
A person contravenes this section if: (a) the person is a principal party to an acquisition; and (b) the acquisition is required to be notified; and (c) the acquisition is put into effect; and (d)…
Section 45AX — Commission must be notified of material changes of fact in relation to notified acquisitions
(1) This section applies if: (a) a person is the notifying party of a notification of an acquisition; and (b) a change of fact occurs; and (c) the change of fact is material to the Commission making…
Section 45AY — Stayed acquisitions must not be put into effect
A person contravenes this section if: (a) the person puts an acquisition into effect; and (b) the acquisition is stayed. Note 1: For when an acquisition is stayed, see section 51ABE. Note 2: For…
Section 45AZ — Conditions must be complied with
(1) This section applies to a person who puts a notified acquisition into effect, if putting the acquisition into effect is subject to conditions. Note: For when putting an acquisition into effect is…
Section 46 — Misuse of market power
(1) A corporation that has a substantial degree of power in a market must not engage in conduct that has the purpose, or has or is likely to have the effect, of substantially lessening competition…
Section 46A — Misuse of market power—corporation with substantial degree of power in trans-Tasman market
(1) In this section: conduct, in relation to a market, means conduct in the market either as a supplier or acquirer of goods or services in the market. impact market means a market in Australia that…
Section 46B — No immunity from jurisdiction in relation to certain New Zealand laws
(1) It is hereby declared, for the avoidance of doubt, that the Commonwealth, the States, the Australian Capital Territory and the Northern Territory, and their authorities, are not immune, and may…
Section 47 — Exclusive dealing
(1) Subject to this section, a person shall not, in trade or commerce, engage in the practice of exclusive dealing. (2) A person (the first person) engages in the practice of exclusive dealing if the…
Section 48 — Single price to be specified in certain circumstances
(1) A person must not, 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 personal, domestic or…
Section 49 — Dual listed company arrangements that affect competition
(1) A corporation must not: (a) make a dual listed company arrangement if a provision of the proposed arrangement has the purpose, or would have or be likely to have the effect, of substantially…
Section 50 — Prohibition of acquisitions that would result in a substantial lessening of competition
(1) A corporation must not directly or indirectly: (a) acquire shares in the capital of a body corporate; or (b) acquire any assets of a person; if the acquisition would have the effect, or be likely…
Section 50A — Acquisitions that occur outside Australia before 1 January 2026
(1) Where a person acquires, outside Australia, otherwise than by reason of the application of paragraph (8)(b), a controlling interest (the first controlling interest) in any body corporate and, by…
Section 51 — Exceptions
(1) In deciding whether a person has contravened this Part, the following must be disregarded: (a) anything specified in, and specifically authorised by: (i) an Act (not including an Act relating to…
Section 51AAA — Concurrent operation of State and Territory laws
It is the Parliament’s intention that a law of a State or Territory should be able to operate concurrently with this Part unless the law is directly inconsistent with this Part.
Section 51ABA — Simplified outline of this Part
Certain acquisitions, including acquisitions of shares in the capital of a body corporate or of any assets of a person, are required to be notified to the Commission before they are put into effect…
Section 51ABRA — Circumstances in which acquisitions are not required to be notified
(1) The Minister may, by legislative instrument, determine circumstances for the purposes of subparagraph 51ABO(c)(i) in relation to an acquisition. (2) Without limiting subsection (1) of this…
Section 51ABZA — Notifications that are incomplete or misleading—providing additional information and documents
(1) This section applies in relation to a notification of an acquisition if: (a) because of a decision made under subsection 51ABY(1), the notification does not have an effective notification date;…
Section 51ACA — Definitions
(1) In this Part: applicable industry code, in relation to a corporation that is a participant in an industry, means: (a) the prescribed provisions of any mandatory industry code relating to the…
Section 51ACAA — Meaning of industry code
(1) For the purposes of this Part, an industry code is (subject to subsection (2)) a code that regulates the conduct of participants in an industry towards other participants in the industry or…
Section 51ADA — Commission may issue a public warning notice
Commission may issue a public warning notice (1) The Commission may issue to the public a written notice containing a warning about the conduct of a person if: (a) the Commission has reasonable…
Section 51AEA — Concurrent operation of State and Territory laws
It is the Parliament’s intention that a law of a State or Territory should be able to operate concurrently with this Part unless the law is directly inconsistent with this Part.
Section 51AEAA — Functions and powers of Commission under industry codes
To avoid doubt, the functions and powers of the Commission under this Act include any function or power conferred on the Commission by an industry code prescribed for the purposes of this Part.
Section 51ABB — Acquisitions to which acquisitions provisions apply
(1) Subject to section 51ABD, the acquisitions provisions apply to the following acquisitions: (a) an acquisition by a corporation of shares in the capital of a body corporate; (b) an acquisition by…
Section 51ABRB — Classes of acquisitions that are not required to be notified
(1) The Minister may, by legislative instrument, determine a class of acquisitions for the purposes of subparagraph 51ABO(c)(ii). (2) Without limiting subsection (1) of this section, the Minister may…
Section 51ABZB — Material changes of fact
(1) This section applies in relation to a notification of an acquisition if: (a) the Commission has not made a determination in respect of the notification under subsection 51ABZE(1); and (b) the…
Section 51ACB — Contravention of industry codes
A corporation must not, in trade or commerce, contravene an applicable industry code.
Section 51ADB — Orders to redress loss or damage suffered by non-parties etc.
Orders (1) If: (a) a person engaged in conduct (the contravening conduct) that: (i) if the person was a corporation—constituted a contravention of an applicable industry code; or (ii) in any…
Section 51ABC — Acquisition of units in unit trusts and interests in managed investment schemes
(1) The acquisitions provisions apply to the acquisition of units in a unit trust: (a) as if: (i) the trust were a body corporate; and (ii) units in the trust were shares in the capital of the body…
Section 51ABZC — Material changes of fact—providing additional information and documents
(1) This section applies in relation to a notification of an acquisition if: (a) the Commission has made a decision under subparagraph 51ABZB(2)(a)(ii) or paragraph 51ABZB(2)(b) in relation to the…
Section 51ACC — Purpose and effect of this Division
(1) The purpose of this Division is to provide for the issue of an infringement notice to a person for an alleged contravention of a civil penalty provision of an industry code as an alternative to…
Section 51ADC — Kinds of orders that may be made to redress loss or damage suffered by non-parties etc.
Without limiting subsection 51ADB(1), the orders that a court may make under that subsection against a person (the respondent) include all or any of the following: (a) an order declaring the whole or…
Section 51ABD — Internal restructures and reorganisations
(1) The acquisitions provisions do not apply to an acquisition that is, or is part of, a restructure or reorganisation of a group of persons who are related: (a) in the ways referred to in section 4A…
Section 51ABZD — When Commission may cease considering notifications
(1) This section applies to a notification of an acquisition if the Commission has not made a determination in respect of the notification under subsection 51ABZE(1). (2) The Commission must decide,…
Section 51ACD — Issuing an infringement notice
(1) If the Commission has reasonable grounds to believe that a person has contravened a civil penalty provision of an industry code, the Commission may issue an infringement notice to the person. (2)…
Section 51ADD — Commission may require corporation to provide information
(1) This section applies if a corporation is required to keep, to generate or to publish information or a document under an applicable industry code. (2) The Commission may give the corporation a…
Section 51ABE — When acquisitions are stayed
(1) An acquisition to which any of the following subsections applies is stayed. (2) This subsection applies to an acquisition that: (a) is required to be notified; but (b) is not a notified…
Section 51ABZE — Commission consideration of acquisitions
(1) If the Commission is notified of a proposed acquisition in accordance with subsection 51ABX(1), the Commission may, in writing, determine: (a) that the acquisition may be put into effect; or (b)…
Section 51ACE — Matters to be included in an infringement notice
(1) An infringement notice must: (a) be identified by a unique number; and (b) state the day on which it is issued; and (c) state the name and address of the person to whom it is issued; and (d)…
Section 51ADE — Extending periods for complying with notices
(1) A corporation that has been given a notice under section 51ADD may, at any time within the period within which the corporation must comply with the notice (as extended under any previous…
Section 51AE — Regulations relating to industry codes
Regulations may prescribe industry codes etc. (1) The regulations may: (a) prescribe an industry code, or specified provisions of an industry code, for the purposes of this Part; and (b) declare the…
Section 51ABF — When notifications have been finally considered
(1) A notification of an acquisition has been finally considered if: (a) the Commission has made a determination under subsection 51ABZE(1) in respect of the notification; and (b) the determination…
Section 51ABZF — Conditions
(1) A determination made under paragraph 51ABZE(1)(a) in respect of a notification of an acquisition may include conditions. Example: A condition that a specified person must give an undertaking to…
Section 51ACF — Amount of penalty
(1) The penalty to be specified in an infringement notice to be issued to a person, for an alleged contravention of a civil penalty provision of an industry code, must be equal to the following: (a)…
Section 51ADF — Compliance with notices
A corporation that is given a notice under section 51ADD must comply with it within: (a) the period of 21 days specified in the notice; or (b) if the period for complying with the notice has been…
Section 51AF — Acquisition of property
Scope (1) This section applies to the following provisions: (a) paragraphs 51AE(1A)(b) and (c); (b) a provision of an industry code prescribed for the purposes of this Part that is authorised by…
Section 51ABG — When notifications become stale
A notification of an acquisition becomes stale 12 months after the time (if any) at which the Commission: (a) unless paragraph (b) of this section applies—makes a determination under paragraph…
Section 51ABZG — Goodwill protection provisions
(1) The Commission may declare, in a determination made under subsection 51ABZE(1) in respect of a notification of an acquisition, that paragraph 51(2)(e) does not apply to a goodwill protection…
Section 51ACG — Effect of compliance with an infringement notice
(1) This section applies if: (a) an infringement notice for an alleged contravention of a civil penalty provision of an industry code is issued to a person; and (b) the person pays the penalty…