Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 51ADG — False or misleading information etc.
(1) A corporation must not, in compliance or purported compliance with a notice given under section 51ADD: (a) give to the Commission false or misleading information; or (b) produce to the Commission…
Section 51ABH — When notified acquisitions are subject to conditions
Putting a notified acquisition into effect is subject to a condition if: (a) both: (i) the most recent determination in respect of a notification of the acquisition under subsection 51ABZE(1)…
Section 51ABZH — Substantial lessening of competition
(1) This section applies to the Commission considering, for the purposes of this Part, whether an acquisition, if put into effect, would or could, in all the circumstances, have the effect, or be…
Section 51ACH — Effect of failure to comply with an infringement notice
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 fails to pay the penalty specified in the…
Section 51ABI — Parties to acquisitions
(1) Each of the following is a party to an acquisition of shares in the capital of a body corporate, any assets of a person or a thing determined under subsection 51ABB(2): (a) the person (a…
Section 51ABZI — Time for making determinations
Earliest time for making determinations (1) The Commission must not make a determination under subsection 51ABZE(1) in respect of a notification of an acquisition earlier than 15 business days after…
Section 51ACI — Infringement notice compliance period for infringement notice
(1) Subject to this section, the infringement notice compliance period for an infringement notice is the period of 28 days beginning on the day after the day that the infringement notice is issued by…
Section 51ABJ — Meaning of Chapter 6 entity
(1) A Chapter 6 entity is: (a) a listed company (within the meaning of the Corporations Act 2001); or (b) an unlisted company with more than 50 members (within the meaning of that Act); or (c) a…
Section 51ABZJ — Phase 2 review—when notifications are subject to phase 2 review
(1) During the phase 1 determination period for a notification of an acquisition, the Commission may, in writing, decide that the notification is to be subject to phase 2 review, if: (a) the…
Section 51ACJ — Withdrawal of an infringement notice
Representations to the Commission (1) A person to whom an infringement notice has been issued for an alleged contravention of a civil penalty provision of an industry code may make written…
Section 51ABK — Meaning of business day
For the purposes of this Part, a business day is a day that is not: (a) a Saturday; or (b) a Sunday; or (c) a public holiday in the Australian Capital Territory; or (d) a day occurring between: (i)…
Section 51ABZK — Phase 2 review—notices of competition concerns
Notices of competition concerns (1) Subject to subsection (2), the Commission must give the notifying party of a notification of an acquisition a written notice (a notice of competition concerns) in…
Section 51ABL — Conditional contracts, arrangements and understandings
For the purposes of the acquisitions provisions, if: (a) a person enters into a contract, arrangement or understanding pursuant to which the person will acquire: (i) shares in the capital of a body…
Section 51ABZL — Phase 2 review—submissions
(1) If the Commission gives the notifying party of a notification of an acquisition a notice of competition concerns in relation to the notification, the Commission: (a) must give the notifying party…
Section 51ABM — Changes in joint ownership
(1) This section applies to joint holders of a particular parcel of shares in the capital of a body corporate. (2) For the purposes of the acquisitions provisions, one of those persons is taken to…
Section 51ABZM — Phase 2 review—determinations that acquisition may be put into effect
Sections 51ABZK and 51ABZL do not limit the Commission’s ability to make a determination in respect of a notification of an acquisition under paragraph 51ABZE(1)(a) at any time occurring before the…
Section 51ABN — Acquisition of assets
(1) The acquisitions provisions apply in relation to any of the following that is not an asset in the same way as they apply in relation to an asset: (a) any kind of property; (b) a legal or…
Section 51ABZN — Phase 2 review—false or misleading information
(1) This section applies in relation to a notification of an acquisition if: (a) the notification is subject to phase 2 review; and (b) the Commission has not made a determination in respect of the…
Section 51ABO — When acquisitions are required to be notified
Subject to Subdivisions B and C, an acquisition is required to be notified if: (a) the acquisition is put into effect on or after 1 January 2026; and (b) the acquisition: (i) occurs in circumstances…
Section 51ABZO — Phase 2 review—false or misleading information: 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 subsection 51ABZN(2) in relation to the notification; and (b) the notifying…
Section 51ABP — Notification thresholds
(1) The Minister may, by legislative instrument, determine circumstances for the purposes of subparagraph 51ABO(b)(i) in relation to an acquisition. (2) The circumstances must be determined wholly or…
Section 51ABZP — Public benefit applications
(1) The notifying party of a notification of an acquisition may apply to the Commission for a determination that the acquisition would be of public benefit, if: (a) both: (i) the Commission has made…
Section 51ABQ — Classes of acquisitions that are required to be notified
(1) The Minister may, by legislative instrument, determine a class of acquisitions for the purposes of subparagraph 51ABO(b)(ii). (2) Without limiting subsection (1) of this section, the Minister may…
Section 51ABZQ — Public benefit applications that are materially incomplete or misleading
(1) The Commission may decide, in writing, that a public benefit application in relation to a notification of an acquisition should be taken not to have an effective application date, if: (a) the…
Section 51ABR — Classes of acquisitions that are required to be notified—Commission reports
(1) Before making an instrument under subsection 51ABQ(1), the Minister may ask the Commission to analyse the matters in paragraphs 51ABQ(3)(a) to (c) in relation to the instrument. (2) If the…
Section 51ABZR — Public benefit applications that are materially incomplete or misleading—consequences of Commission’s decisions
(1) If the Commission makes a decision under subsection 51ABZQ(1) in relation to a public benefit application in relation to a notification of an acquisition: (a) the application is taken never to…
Section 51ABS — Acquisitions that do not result in control
(1) Subject to subsection (5), an acquisition by a person of shares in the capital of a body corporate is not required to be notified if: (a) immediately after the acquisition is put into effect, the…
Section 51ABZS — Public benefit applications that are materially incomplete or misleading—providing additional information and documents
(1) This section applies in relation to a public benefit application in relation to a notification of an acquisition if: (a) because of a decision made under subsection 51ABZQ(1), the application…
Section 51ABT — Acquisitions of shares in the capital of Chapter 6 entities
(1) An acquisition of shares in the capital of a body corporate is not required to be notified if: (a) the body corporate is a Chapter 6 entity; and (b) the acquisition does not result in someone’s…
Section 51ABZT — Material changes of fact
(1) This section applies in relation to a public benefit application in relation to a notification of an acquisition if: (a) the Commission has not made a determination in respect of the application…
Section 51ABU — Notification waiver applications
(1) A person may apply to the Commission for a determination that an acquisition is not required to be notified. (2) The application must be made in accordance with any requirements determined under…
Section 51ABZU — Material changes of fact—providing additional information and documents
(1) This section applies in relation to a public benefit application in relation to a notification of an acquisition if: (a) the Commission has made a decision under paragraph 51ABZT(2)(b) in…
Section 51ABV — Waivers
(1) If a notification waiver application in relation to an acquisition is made, the Commission may, in writing, determine: (a) that the acquisition is not required to be notified; or (b) not to make…
Section 51ABZV — When Commission may cease considering public benefit applications
(1) This section applies to a public benefit application in relation to a notification of an acquisition if the Commission has not made a determination in respect of the application under subsection…
Section 51ABW — Notifications of acquisitions
(1) This section applies if the Commission is notified, in accordance with subsection 51ABX(1), of a proposed acquisition (whether or not the acquisition is required to be notified, and whether or…
Section 51ABZW — Determinations on public benefit applications
(1) If a public benefit application in relation to a notification of an acquisition is made, the Commission may, in writing, determine: (a) that the acquisition would be of public benefit; or (b) not…
Section 51ABX — Requirements for notifications
(1) A notification of a proposed acquisition is made in accordance with this subsection if: (a) the notification is made in writing; and (b) the notification is accompanied by the fee (if any)…
Section 51ABZX — Conditions
(1) A determination made under paragraph 51ABZW(1)(a) may include conditions. Example: A condition that a specified person must give an undertaking to the Commission for the purposes of section 87B…
Section 51ABY — Notifications that are materially incomplete or misleading
(1) The Commission may decide, in writing, that a notification of an acquisition should be taken not to have an effective notification date, if: (a) the notification is not subject to phase 2 review;…
Section 51ABZY — Public benefit
(1) This section applies in relation to the Commission considering, for the purposes of this Part, whether, were an acquisition put into effect: (a) the acquisition would, in all the circumstances,…
Section 51ABZ — Notifications that are materially incomplete or misleading—consequences of Commission’s decisions
(1) If the Commission makes a decision under subsection 51ABY(1) in relation to a notification of an acquisition: (a) the notification is taken never to have had an effective notification date; and…
Section 51ABZZ — Time for making determinations in respect of public benefit applications
Commission deemed to make determination at end of determination period (1) The Commission is taken to determine under paragraph 51ABZW(1)(b), at the end of the determination period for a public…
Section 52 — Guarantee as to undisturbed possession
(1) If: (a) a person (the supplier) supplies goods to a consumer; and (b) the supply is not a supply of limited title; there is a guarantee that the consumer has the right to undisturbed possession…
Section 52A — Definitions
In this Part: bargaining news business representative, for a registered news business, has the meaning given by section 52ZD. bargaining parties has the meaning given by section 52ZG. core bargaining…
Section 52ZA — Trade secrets
Nothing in this Division requires the giving of information the disclosure of which would reveal a trade secret.
Section 52ZIA — Obligation to participate in mediation
(1) This section applies if: (a) the bargaining parties have not reached agreement over each core bargaining issue within 3 months after the notification was made for the purposes of subsection…
Section 52ZXA — Final offer to be accompanied by information about contracts
(1) If a bargaining party submits to the panel a final offer in accordance with subsection 52ZX(4), it must, on the same day that it submits the final offer to the panel, give the panel information…
Section 52ZZA — Other requirements for arbitration determination
(1) The panel must make the determination no later than 35 business days (or, if the regulations specify a different period, the end of that period) after the latest of the following days: (a) the…
Section 52B — Making content available
(1) For the purposes of this Part, a service makes content available if: (a) the content is reproduced on the service, or is otherwise placed on the service; or (b) a link to the content is provided…
Section 52ZB — Personal information
Nothing in this Division requires or authorises the giving of information that is personal information (within the meaning of the Privacy Act 1988).