WIPO Lex

Competition and Consumer Regulations 2010 (consolidated as of May 25, 2017)

Prepared by the Office of Parliamentary Counsel, Canberra

Competition and Consumer Regulations 2010

Statutory Rules No. 170, 1974

made under the

Competition and Consumer Act 2010

Compilation No. 60

Compilation date: 25 May 2017

Includes amendments up to: F2017L00595

Registered: 30 May 2017

Authorised Version F2017C00426 registered 30/05/2017

About this compilation

This compilation

This is a compilation of the Competition and Consumer Regulations 2010 that shows the text

of the law as amended and in force on 25 May 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending

laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any

uncommenced amendments affecting the law are accessible on the Legislation Register

(www.legislation.gov.au). The details of amendments made up to, but not commenced at, the

compilation date are underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an

application, saving or transitional provision that is not included in this compilation, details are

included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the

modification does not amend the text of the law. Accordingly, this compilation does not show

the text of the compiled law as modified. For more information on any modifications, see the

series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the

law, details are included in the endnotes.

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Compilation No. 60 Compilation date: 25/5/17 Registered: 30/5/17

Contents

Part 1—Preliminary 1 1 Name of Regulations......................................................................... 1

2 Interpretation..................................................................................... 1

3 Computation of time ......................................................................... 1

4 Directions in Forms........................................................................... 2

4A Approved form.................................................................................. 2

Part 2—General 3 4AA Registrar of the Tribunal ................................................................... 3

5 Seal of the Commission .................................................................... 3

6 Offices of Commission ..................................................................... 3

6AA Federal Court orders about energy laws............................................ 3

6A Application to Council for declaration recommendation .................. 4

6B Application to the Council for a recommendation on the

effectiveness of an access regime ..................................................... 5

6C Notification of access dispute ........................................................... 5

6D Withdrawal of notification ................................................................ 6

6E Summons to witness—access arbitration .......................................... 7

6F Costs of an access arbitration............................................................ 7

6FA Approval of competitive tender process for construction and

operation of a facility—content of application.................................. 7

6FB Approval of competitive tender process for construction and

operation of a facility—requirements for tender process .................. 8

6FC Report on conduct of tender process ............................................... 10

6G Application for registration of a contract for access........................ 10

6H Inspection of Part IIIA registers and copies of documents.............. 11

6I Evidence of Part IIIA register documents ....................................... 11

6J Access Codes prepared by industry bodies (Act,

section 44ZZAA) ............................................................................ 12

7 Australian Energy Regulator may disclose information to

prescribed persons and bodies (Act paragraph 44AAF(3)(e))......... 12

7A Prescribed energy laws (Act subparagraph 4(1)(c)(ii)) ................... 14

7AA Australian Energy Regulator functions ........................................... 14

7B Merits review by Tribunal (Act subsection 44ZZR(2))................... 15

7C Register of applications for review under State/Territory

energy law (Act subsection 44ZZR(2))........................................... 15

7D Confidentiality claims etc (Act subsection 44ZZR(2)) ................... 15

8 Prescribed association or body for purposes of

paragraph 51(2)(c) of the Act.......................................................... 17

8A Professional standards schemes ...................................................... 17

9 Notification of exclusive dealing and private disclosure of

pricing information ......................................................................... 21

11 Service of documents on the Commission ...................................... 21

12 Service of documents on persons other than the Commission ........ 21

13 Recording of date of receipt of applications or notices ................... 23

14 Evidence in respect of receipt etc of documents ............................. 23

15 Seal of the Tribunal......................................................................... 23

16 Hours of Registrar’s office.............................................................. 23

17 Title of proceedings before the Tribunal ......................................... 23

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18 Filing or lodging of documents with the Registrar.......................... 24

19 File number of proceedings............................................................. 24

20 Applications for review................................................................... 24

20A Applications for review of certain access decisions ........................ 25

21 Address for service in proceedings before Tribunal........................ 25

22 Directions by the Tribunal as to certain matters.............................. 25

22A Evidence of persons not attending the Tribunal .............................. 26

22B Participation in review of certain access decisions ......................... 26

23 Orders and determinations of Tribunal ........................................... 27

24 Confidentiality ................................................................................ 27

25 Summons to witness ....................................................................... 29

26 Continuance of proceedings and matters notwithstanding

non-compliance with Regulations or direction................................ 29

27 Inspection of, and furnishing of copies of, documents.................... 30

28 Fees................................................................................................. 30

28A Services and activities for which the Commission may

charge.............................................................................................. 32

28AA Protection of persons appearing on another person’s behalf ........... 33

Part 2A—Review by Tribunal of access determinations 34 28B Definitions for Part 2A.................................................................... 34

28C Applications for review................................................................... 34

28D Notice about participation in a review ............................................ 34

28E Participants in a review................................................................... 34

28F Constitution of the Tribunal for conduct of a review ...................... 34

28G Member of Tribunal presiding ........................................................ 35

28H Reconstitution of Tribunal .............................................................. 35

28I Determination of question............................................................... 35

28J Disclosure of interests by members of Tribunal.............................. 35

28K Hearing to be in private................................................................... 36

28L Representation at a review hearing ................................................. 36

28M Procedure of Tribunal ..................................................................... 36

28N Summons to witness—review hearing............................................ 37

28P Taking of evidence by a single member.......................................... 37

28Q Application of regulations............................................................... 37

Part 2B—Telecommunications access regime 38

Division 1—Definitions for Part 2B 38

28R Definitions ...................................................................................... 38

Division 2—Access generally 39

28S Billing information.......................................................................... 39

Division 4—Documents 41

28Y Definition........................................................................................ 41

28Z Copies of documents in Part XIB or Part XIC register ................... 41

Part 3—International liner cargo shipping 42 29 Interpretation................................................................................... 42

30 Office of the Registrar .................................................................... 42

31 Fees................................................................................................. 42

32 Register of conference agreements: prescribed particulars ............. 42

33 Register of designated shipper bodies: prescribed particulars......... 43

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34 Register of non-conference ocean carriers with substantial

market power: prescribed particulars .............................................. 43

35 Register of obligations concerning unfair pricing practices:

prescribed particulars ...................................................................... 44

36 Register of ocean carrier agents: prescribed particulars .................. 44

37 Loyalty agreements: notifications relating to exemptions:

prescribed particulars ...................................................................... 44

38 Application for provisional registration of conference

agreement........................................................................................ 44

38A Special circumstances for inwards conference agreement .............. 45

39 Notice about negotiations................................................................ 45

40 Application for final registration of a conference agreement .......... 46

41 Form of abstract .............................................................................. 47

42 Notice of the happening of an affecting event................................. 47

43 Undertakings................................................................................... 47

44 Application by ocean carrier for registration of agent..................... 48

45 Notice of change of agent etc.......................................................... 48

46 Manner of making applications and giving notices......................... 48

47 Verification of documents............................................................... 49

Part 4—Anti-competitive disclosure of pricing and other

information 50 48 Anti-competitive disclosure of pricing and other

information—goods and services to which Division 1A of

Part IV of the Act applies (goods and services) .............................. 50

49 Anti-competitive disclosure of pricing and other

information—goods and services to which Division 1A of

Part IV of the Act applies (process) ................................................ 50

Part 5—Authorisations, notifications and clearances in respect

of restrictive trade practices—prescribed matters 52 70 Forms for non-merger authorisations and related matters ............... 52

71 Forms for exclusive dealing, private disclosure of pricing

information and collective bargaining notifications........................ 53

71A Collective bargaining contracts—motor vehicle fuel for retail

sale .................................................................................................. 53

71B Collective bargaining contracts—motor vehicles for retail

sale .................................................................................................. 53

71C Collective bargaining contracts—farm machinery for retail

sale .................................................................................................. 53

71D Collective bargaining contracts—primary production .................... 53

72 When collective bargaining notice comes into force and

ceases to be in force ........................................................................ 54

73 Forms for merger authorisation and related matters........................ 54

74 Application for review of Commission’s determination on

merger clearance—time-limit ......................................................... 55

75 Waiver of fee for application relating to non-merger

authorisation ................................................................................... 55

76 Search and Seizure—identity card for inspectors ........................... 55

Part 6—Australian Consumer Law 57 77 Prescribed requirements for definition of assert a right to

payment........................................................................................... 57

78 Prescribed requirements for warning statements............................. 57

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79 Specification of body ...................................................................... 57

80 Specification of person ................................................................... 57

80A Single price does not apply to surcharges on food or

beverage in restaurants.................................................................... 57

81 Agreements that are not unsolicited consumer agreements—

general ............................................................................................ 58

82 Information relating to identity of dealer ........................................ 60

83 Information about termination period ............................................. 60

84 Form and way of giving information about termination

period .............................................................................................. 60

85 Information for front page of agreement or agreement

document......................................................................................... 60

86 Requirements for front page of agreement ...................................... 61

87 Requirements for notice accompanying agreement or

agreement document ....................................................................... 61

88 Application of Division 2, Part 3-2 of Australian Consumer

Law to emergency repair contract ................................................... 61

89 Application of Division 2, Part 3-2 of Australian Consumer

Law to particular unsolicited consumer agreement ......................... 62

90 Requirements for warranties against defects................................... 62

91 Requirement for notice relating to repair of goods ......................... 63

92 Laws specified for supplier reports about consumer goods

associated with death, serious injury or illness of any person ......... 63

Part 7—Transitional matters—Australian Consumer Law 65 93 Saving State or Territory laws for compliance with

regulation 82 and regulations 83 to 87—1 January 2011 to

30 June 2011 ................................................................................... 65

94 Application of section 86 of Australian Consumer Law—

1 January 2011 to 31 December 2011............................................. 66

95 Application of paragraph 86(1)(a) of Australian Consumer

Law ................................................................................................. 67

Schedule 1—Forms—General 68

Part 1—Forms—General 68

Part 2—Forms—non-merger authorisation, minor variation,

revocation, and revocation and substitution 69

Part 3—Forms—exclusive dealing and collective bargaining 135

Part 4—Forms for Tribunal and Commission proceedings 151

Part 5—Forms—merger authorisation, clearance and review 170

Schedule 1A—Matters for which no fee is payable 274

Schedule 1B—Fees payable to Commission or

Tribunal for applications and notices 275

Schedule 2—Fees—registration of conference

agreements 277

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Schedule 3—Forms—registration of conference

agreements 278

Form 1—Application for provisional registration of a

conference agreement 278

Form 2—Application for final registration of a conference

agreement 279

Form 3—Abstract of confidential parts of agreement 280

Form 4—Notice of the happening of an affecting event 281

Form 5—Offer to give undertaking 282

Form 6—Application by ocean carrier for registration of agent 283

Form 7—Notice to change of agent, change of address or

change of particulars 284

Endnotes 285

Endnote 1—About the endnotes 285

Endnote 2—Abbreviation key 286

Endnote 3—Legislation history 287

Endnote 4—Amendment history 290

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Preliminary Part 1

Regulation 1

Competition and Consumer Regulations 2010 1

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Part 1—Preliminary

1 Name of Regulations

These Regulations are the Competition and Consumer Regulations 2010.

2 Interpretation

(1) In these Regulations:

Act means the Competition and Consumer Act 2010.

AEMO has the same meaning as in the Renewable Energy (Electricity) Act 2000.

approved form means a form approved under regulation 4A.

Audit Bureau of Circulations means the organisation formed in 1932 which

audits print circulation for the media industry.

Competition Code has the same meaning as in Part XIA of the Act.

large proprietary company has the meaning given by subsection 45A(3) of the

Corporations Act 2001.

proprietary company has the meaning given by subsection 45A(1) of the

Corporations Act 2001.

subsidiary has the meaning given by section 9 of the Corporations Act 2001.

(2) In these Regulations, a reference to a Form by a letter, or letters, is a reference to

the Form so lettered in Schedule 1.

(3) In these Regulations (including any form provided for by these Regulations),

unless the contrary intention appears (from section 150C of the Act or

otherwise):

(a) a reference to the Act, or to the Act and these Regulations, includes a

reference to the Competition Code; and

(b) a reference to a provision of the Act (including a reference to a Part,

Division or Subdivision of the Act) includes a reference to that provision

having effect as a provision of the Competition Code; and

Part of these Regulations) includes a reference to that provision having

effect as a provision of the Competition Code.

3 Computation of time

(1) Where a period of time dating from a given day, act or event is prescribed by or

allowed under these Regulations for doing an act or taking a proceeding, the time

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shall be reckoned exclusive of the day, or of the day of the act or event, from

which the time dates.

(2) Where the time prescribed by or allowed under these Regulations for doing an

act or taking a proceeding expires on a Saturday or Sunday or on a day on which

the office of the Registrar is closed, the act may be done or the proceeding may

be taken on the first day following that is not a Saturday, Sunday or day on

which that office is closed.

4 Directions in Forms

A person completing any document that is required to be in accordance with a

Form in Schedule 1 or Schedule 3 shall complete that document in accordance

with any directions contained in the Form, including any directions with regard

to the furnishing of other documents.

4A Approved form

The Commonwealth Minister may, in writing, approve a form for a purpose

authorised or required by these Regulations.

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Regulation 4AA

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Part 2—General

4AA Registrar of the Tribunal

In this Part, unless the contrary intention appears:

Registrar means the Registrar of the Tribunal and, except in subregulation 15(3),

includes a Deputy Registrar.

5 Seal of the Commission

(1) The seal of the Commission shall be of a design approved by the Chairperson

and shall include:

(a) the Commonwealth Arms, that is to say, the Armorial Ensigns and

Supporters granted and assigned for the Commonwealth of Australia by

Royal Warrant dated 19 September 1912; and

(b) the words “Australian Competition and Consumer Commission”.

(3) The seal of the Commission shall be affixed by or with the authority of the

person performing the duties of Secretary to the Commission to such documents

as are required by these Regulations or by a direction of a member of the

Commission to be sealed with the seal of the Commission.

6 Offices of Commission

(1) The Commission shall maintain an office at each of the following places,

namely, Canberra, Sydney, Melbourne, Brisbane, Adelaide, Perth, Hobart and

Darwin, and shall maintain offices at such other places as it determines.

(2) The Commission shall notify in the Gazette the address of each of its offices and

any change in such an address.

6AA Federal Court orders about energy laws

(1) For paragraph 44AAG(2)(e) of the Act, the following kinds of orders are

prescribed:

(a) an order that includes a direction that the loads of the person to whom the

order applies be disconnected in accordance with the rules;

(b) an order that includes a direction that the person to whom the order applies

be suspended from, as the case requires, purchasing or supplying electricity

through the wholesale exchange operated and administered by AEMO.

Note: The Commonwealth, State and Territory co-operative scheme is set out in legislation.

The National Electricity (South Australia) Act 1996 of South Australia is the lead

legislation, and has been applied by the other participants in the scheme as a law of

their jurisdictions.

AEMO is the operator of the electricity wholesale exchange.

(2) In subregulation (1):

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rules means rules mentioned in paragraph (c) of the definition of South

Australian Electricity Legislation in subsection 4(1) of the Act, to the extent that

they apply as part of:

(a) a uniform energy law that is applied as a law of the Commonwealth; or

(b) a State/Territory energy law.

Note: Uniform energy law and State/Territory energy law are defined in subsection 4(1) of

the Act.

6A Application to Council for declaration recommendation

An application to the Council under subsection 44F(1) of the Act for a

declaration recommendation in respect of a particular service must include the

following information:

(a) the applicant’s name and, if the applicant is the designated Minister or an

organisation, the name and contact details of a contact officer for the

Minister or organisation;

(b) the applicant’s address for the delivery of documents (which may be an

electronic address), including the notification of any decision of the

designated Minister or the Council, relating to the application or the

declaration recommendation;

(d) the name of the provider, or of each provider, of the service and, if a

provider does not own the facility, the name of the owner, or of each

owner, of the facility, as the case requires;

(e) the reason for seeking access (or increased access) to the service;

(f) a brief description:

(i) of how access (or increased access) would promote competition in at

least one market (whether or not in Australia), other than the market

for the service; and

(ii) of the market, or of each of the markets, in which competition would

be so promoted;

(g) the reason why the applicant believes that it would be uneconomical for

anyone to develop another facility to provide the service;

(h) the reason why the facility is of national significance, having regard to the

matters set out in paragraph 44G(2)(c) of the Act;

(j) a description of one or more methods by which access to the service can be

provided and details of any risk to human health or safety caused by that

method or those methods;

(k) if the service is already the subject of a regime for access to the service

(including an access undertaking):

(i) particulars of the regime including details, if any, about when the

regime is to end; and

(ii) reasons why the regime is not an effective access regime;

(l) a description of efforts, if any, that have been made to negotiate access to

the service.

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6B Application to the Council for a recommendation on the effectiveness of an

access regime

An application to the Council under subsection 44M(2) of the Act for a

recommendation on the effectiveness of a regime for access to a service must

include the following information:

(a) the name of the State or Territory on whose behalf the application is made;

(b) the name and designation of the responsible Minister for the State or

Territory;

(d) the responsible Minister’s address for the delivery of documents, including

the notification of any decision of the Commonwealth Minister or the

Council, relating to the application or the recommendation;

(e) a description of the access regime (including a copy of any relevant

legislation);

(f) a description of the service;

(g) grounds in support of the application.

6C Notification of access dispute

(1) A notification under section 44S of the Act of an access dispute in relation to a

declared service must include the following information:

(a) the name of the person notifying the dispute (in this regulation called the

notifier) and, if the notifier is not an individual, the name and contact

details of a contact person for the notifier;

(b) the notifier’s address for the delivery of documents relating to matters

arising out of the notification (which may be an electronic address);

(i) if the notifier is the provider—the name and other particulars of the

third party; or

(ii) if the notifier is the third party—the name and other particulars of the

provider, or of each provider, of the service and, if the provider does

not own the facility, the name of the owner, or of each owner, of the

facility, as the case requires;

(d) a short description of the business (existing and anticipated) of the notifier;

(e) a description of the service and of the facility used to provide the service;

(f) a description of the access dispute, including:

(i) whether the dispute is about the varying of existing access

arrangements and, if so, a description of those arrangements; and

(ii) each aspect of the access to the service on which the parties to the

dispute are able to agree; and

(iii) each aspect of the access to the service on which the parties to the

dispute are not able to agree;

(g) a description of efforts, if any, to resolve the dispute;

(h) to the best of the notifier’s knowledge, particulars of:

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(i) any existing user of the service, including a brief description of how,

if at all, access would affect the user; and

(ii) any person having a right (contractual or otherwise) to require the

provider to provide the service to that person, including a description

of how, if at all, access would affect that right;

(j) whether access would involve extending the facility;

(k) to the best of the notifier’s knowledge, an estimate or description of the

direct costs of providing access to the service to the third party, indicating

who will bear those costs;

(l) whether access will involve the third party becoming the owner (or one of

the owners) of any part of the facility, or of extensions of the facility, and,

if so:

(i) a short description of the circumstances by which the third party’s

ownership would arise; and

(ii) whether the provider consents, or will consent, to the third party

becoming an owner;

(m) a description of one or more methods by which access to the service can be

provided and details of any risk to human health or safety caused by that

method or those methods;

(n) if the notifier is the third party—a short description of the benefits from

allowing access to the service, or increased access to the service, as the

case requires.

(2) The notifier must pay to the Commission, in respect of a notification, a fee of

$2,750.

(3) A fee under subregulation (2) is payable at the time of giving the notification.

6D Withdrawal of notification

(1) A withdrawal of a notification, under section 44T of the Act:

(a) must be by notice in writing to the Commission; and

(b) must include the following information:

(i) the name of the person withdrawing the notification;

(ii) whether the person withdrawing the notification is the provider or the

third party;

(iii) a short description of the access dispute to which the notification

relates;

(iv) a reference to the relevant paragraph or subparagraph of

subsection 44T(1) of the Act under which the person withdrawing the

notification claims to be authorised to do so.

(2) At the time of giving a notice of withdrawal to the Commission under

subregulation (1), the person withdrawing the notification must give a copy of

the notice to:

(a) the provider or the third party, as the case requires, who is not withdrawing

the notification; and

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(b) any other person to whom the Commission has given notice in writing

under subsection 44S(2) of the Act.

(3) A notice of withdrawal takes effect when it is received by the Commission.

6E Summons to witness—access arbitration

(1) A summons under subsection 44ZH(2) of the Act must be in accordance with

Form AA.

(2) For the purposes of section 44ZI of the Act, a summons must be served on a

person by:

(a) delivering a copy of the summons to the person personally; and

(b) showing the original of the summons to the person at the time at which the

copy is delivered to the person.

6F Costs of an access arbitration

(1) This regulation is made for the purposes of section 44ZN of the Act.

(1A) The amount of a fee mentioned in subregulation (2) is the GST inclusive market

value of the consideration for the supply of the service of conducting an

arbitration of an access dispute.

(2) The Commission may charge, for its costs in conducting an arbitration of an

access dispute:

(a) a pre-hearing fee of:

(i) if the access dispute is in respect of a variation of an existing

determination relating to access by the third party—$2 170; or

(ii) in any other case—$10 850; and

(b) a hearing fee of $4 340 for each day, or part of a day, of the arbitration

hearing.

(3) A pre-hearing fee charged under paragraph (2)(a) is payable by the person who

notified the access dispute on or before the commencement of the arbitration

hearing.

(4) A hearing fee charged under paragraph (2)(b) for a day, or part of a day, of the

arbitration hearing:

(a) must be apportioned by the Commission between the parties appearing at

the hearing on that day; and

(b) is payable by those parties accordingly.

(5) Nothing in this regulation enables the Tribunal to charge for its costs in

conducting a review of a determination.

6FA Approval of competitive tender process for construction and operation of a

facility—content of application

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Regulation 6FB

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(1) For paragraph 44PA(2)(b) of the Act, this regulation sets out requirements for an

application for approval of a tender process, for the construction and operation of

a facility that is to be owned by the Commonwealth, State or Territory, as a

competitive tender process.

(2) The application must state:

(a) the contact details of the Commonwealth Minister, or the responsible

Minister of a State or Territory, who is the applicant; and

(b) details of the proposed facility, including its nature and proposed location;

and

(i) the minimum requirements which a tender will be required to meet

before being considered under the tender process; and

(ii) the selection criteria that will be used to select the successful tenderer;

and

(iii) the date for the calling for tenders; and

(iv) the closing date for the submission of tenders; and

(v) the date by which the successful tenderer is to be selected; and

(vi) the date by which the contract or arrangement resulting from the

tender process will be entered into; and

(d) the reasons why the tender process satisfies the requirements specified in

subsection 44PA(4) of the Act.

6FB Approval of competitive tender process for construction and operation of a

facility—requirements for tender process

(1) For paragraph 44PA(4)(b) of the Act, this regulation sets out requirements which

a tender process must meet before being approved as a competitive tender

process.

(2) The tender process must relate to a proposed facility.

(3) The tender process must set out the arrangements (including procedures and

rules) that are to be followed for the conduct of the tender process, including;

(a) the selection criteria that will be used to select the successful tenderer; and

(b) the requirement for a tenderer to include in its tender the terms and

conditions on which the tenderer will provide access to the service or

services proposed to be provided by means of the facility, as specified in

accordance with paragraph 44PA(2)(a) of the Act; and

being considered.

Examples for paragraph (b) of things to be addressed in the proposed terms and conditions

1 A price or pricing methodology.

2 An obligation that the tenderer will not hinder access to the service.

3 An obligation that the tenderer will implement a particular business structure.

4 Procedures for determining terms and conditions of access to the service.

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5 How the terms and conditions of access to the service will be administered.

(4) The tender process must set out the arrangements (including procedures and

rules) that are to be followed to ensure that the successful tenderer would not

limit, or attempt to limit:

(a) the services to which access may be sought; or

(b) the construction or operation of other infrastructure which could provide

the same services to the same market as the infrastructure proposed in the

tender.

(5) The tender process must ensure that a request for tender under the process would

not limit, or attempt to limit:

(a) the configuration of the infrastructure proposed in the tender; or

(b) any other technical specification of the facility;

unless the Commission is satisfied that it would be appropriate for the request for

tender to do so.

(6) The tender process must:

(a) be designed in a way that makes it appropriate, in its circumstances, for

ensuring reasonable terms and conditions of access to the service; and

(b) be capable of being used in a way that makes it appropriate, in its

circumstances, for ensuring reasonable terms and conditions of access to

the service.

(7) For subregulation (6), when the Commission considers the approval of the tender

process it must have regard to:

(a) the persons who are likely to be competitors for the construction and

operation of the facility; and

(b) the persons who are likely to be competitors for the provision of the

services.

(8) Subregulation (7) does not limit the matters to which the Commission may have

regard when it considers the approval of the tender process.

(9) The tender process must set out proposed selection criteria that will ensure that a

tender will be selected principally on the basis that the tender will lead to the

provision of the service or services proposed to be provided by means of the

facility, as specified in accordance with paragraph 44PA(2)(a) of the Act:

(a) at the lowest sustainable access price or prices; or

(b) on terms and conditions that are otherwise most likely to promote the

objects of Part IIIA of the Act.

Note: Although a tender is to be selected principally on the basis that it offers the most

favourable access terms, as described in paragraphs (9)(a) and (b), an applicant’s tender

may address additional objectives to be taken into account in the selection process,

such as community service obligations and environmental objectives.

(10) The tender process must set out proposed selection criteria that will ensure that a

tender will not be selected unless the terms and conditions of access to the

service or services proposed to be provided by means of the facility, as specified

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in accordance with paragraph 44PA(2)(a) of the Act, are reasonable, having

regard to:

(a) the objects of Part IIIA of the Act; and

(b) the legitimate interests of the provider of the service; and

(d) the public interest, including the public interest in having competition in

markets (whether or not the markets are in Australia); and

(e) the interests of persons who may wish to have access to the service; and

(f) the objectives of procedural probity and fair dealing.

6FC Report on conduct of tender process

(1) For subsection 44PB(2) of the Act, this regulation sets out requirements for a

report on the conduct of a tender process.

(2) The report must include:

(a) details of the successful tenderer; and

(b) the terms and conditions of access to the service or services proposed to be

provided by means of the facility, as specified in accordance with

paragraph 44PA(2)(a) of the Act; and

(i) the tender process was conducted in accordance with the competitive

tender process approved by the Commission; and

(ii) the successful tenderer was selected in accordance with the selection

criteria specified in the competitive tender process approved by the

Commission.

6G Application for registration of a contract for access

(1) An application under section 44ZW of the Act for registration of a contract that

provides for access to a declared service:

(a) must be in writing; and

(b) must include the following information:

(i) the names of the parties to the contract and, if a party is not an

individual, the name and contact details of a contact person for that

party;

(ii) each party’s address for the delivery of documents in relation to the

application (which may be an electronic address);

(iii) a description of the service to which the contract relates;

(iv) a description of the contract, including the date on which the contract

was made;

(v) a description of the impact of the contract on the level of competition

in relevant markets;

(vi) a description of the impact of the contract on other users of the

service, including particulars of those users.

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(2) A fee of $5 425 is payable to the Commission in respect of

an application referred to in subregulation (1), at the time of making the

application.

(3) The amount of the fee payable under subregulation (2) is the GST inclusive

market value of the consideration for the supply of the service of registration of a

contract that provides for access to a declared service.

6H Inspection of Part IIIA registers and copies of documents

(1) In this regulation and in regulation 6I, Part IIIA register means:

(a) the public register of decisions and declarations kept under section 44Q of

the Act; or

(b) the public register of registered contracts kept under section 44ZW of the

Act; or

(d) the public register of determinations kept under section 44ZZL of the Act.

(2) A person may:

(a) inspect any Part IIIA register upon request made in accordance with

subregulation (3); and

(b) obtain a copy of any document on a Part IIIA register (including, where the

person so requests, a copy certified to be a true copy by a person authorised

by the Commission to certify copies of that kind):

(i) on request made in accordance with subregulation (4); and

(ii) on payment of the fee prescribed by regulation 28.

(3) A request to inspect a Part IIIA register must be made in person at the office of

the Commission where that register is kept.

(4) A request to obtain a copy of a document contained in a Part IIIA register must

be made:

(a) in person at the office of the Commission where that register is kept; or

(b) in writing to the Commission at that office.

6I Evidence of Part IIIA register documents

(1) A copy of a document contained in a Part IIIA register, certified to be a true copy

by a person authorised by the Commission to certify copies of documents of that

kind, is to be received in all courts and tribunals as evidence of the document.

(2) A document purporting to be a copy of a document contained in a Part IIIA

is to be taken to be a true copy of the document and to be so certified, unless the

contrary is established.

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6J Access Codes prepared by industry bodies (Act, section 44ZZAA)

(1) For the purposes of paragraph 44ZZAA(3)(e) of the Act, the following matters

are, where relevant, matters which the Commission must have regard in

considering whether to accept an access code:

(a) government legislation and policies relating to ecologically sustainable

development; and

(b) social welfare and equity considerations, including community service

obligations; and

health and safety, industrial relations and access and equity: and

(d) economic and regional development, including employment and

investment growth; and

(e) the interests of consumers generally or of a class of consumers; and

(f) the competitiveness of Australian businesses; and

(g) the efficient allocation of resources.

(2) For the purposes of subsection 44ZZAA(8) of the Act, the National Electricity

Code Administrator Limited (“NECA”), Australian Company Number

073 942 775, is a prescribed industry body.

(3) For subsection 44ZZAA(8) of the Act, the Australian Energy Market

Commission is a prescribed industry body.

Note: The Australian Energy Market Commission (also known as AEMC) is established by

section 5 of the Australian Energy Market Commission Establishment Act 2004 of

South Australia, and defined in section 4 of the Competition and Consumer Act 2010.

7 Australian Energy Regulator may disclose information to prescribed persons

and bodies (Act paragraph 44AAF(3)(e))

(1) For paragraph 44AAF(3)(e) of the Act, the persons and bodies set out in the table

are prescribed persons and bodies.

Item Prescribed person or body

Commonwealth

1.1 National Competition Council, established by section 29A of the Act

1.2 Tribunal constituted by subsection 30(1) of the Act

New South Wales

2.1 Independent Pricing and Regulatory Tribunal of New South Wales established by

subsection 5(1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South

Wales

2.2 Energy and Water Ombudsman (NSW) Limited (ACN 079 718 915)

Victoria

3.2 Essential Services Commission established by subsection 7(1) of the Essential Services

Commission Act 2001 of Victoria

3.3 Energy and Water Ombudsman (Victoria) Limited (ACN 070 516 175)

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Item Prescribed person or body

Queensland

4.1 Queensland Competition Authority established by section 7 of the Queensland Competition

Authority Act 1997 of Queensland

4.2 Energy and Water Ombudsman established by section 10 of the Energy and Water

Ombudsman Act 2006 of Queensland

Western Australia

5.1 Economic Regulation Authority established by section 4 of the Economic Regulation

Authority Act 2003 of Western Australia

South Australia

6.1 Essential Services Commission established by subsection 4(1) of the Essential Services

Commission Act 2002 of South Australia

6.3 Energy Industry Ombudsman (SA) Limited (ACN 089 791 604)

Tasmania

7.1 Office of the Regulator established by subsection 5(1) of the Electricity Supply Industry Act

1995 of Tasmania

7.2 Ombudsman within the meaning of the Energy Ombudsman Act 1998 of Tasmania

Australian Capital Territory

8.1 Independent Competition and Regulatory Commission for the Australian Capital Territory

established by subsection 5(1) of the Independent Competition and Regulatory Commission

Act 1997 of the Australian Capital Territory

8.2 ACT Civil and Administrative Tribunal established by section 88 of the ACT Civil and

Administrative Tribunal Act 2008 of the Australian Capital Territory

Northern Territory

8A.1 Utilities Commission of the Northern Territory established by subsection 5(1) of the Utilities

Commission Act (NT)

Each jurisdiction that has applied the National Energy Retail Law as a law of the jurisdiction

9.1 The Minister responsible for administration of the national energy retail legislation as it

applies in the jurisdiction

(1A) A staff member or consultant assisting a person or body mentioned in items 1.1

to 8A.1 of the table in subregulation (1) in the performance of a function, or the

exercise of a power, of the person or body is also a prescribed person for

paragraph 44AAF(3)(e) of the Act.

(2) In this regulation:

National Energy Retail Law means the National Energy Retail Law set out in

the Schedule to the National Energy Retail Law (South Australia) Act 2011 of

South Australia, as amended from time to time.

national energy retail legislation has the meaning given in subsection 2(1) of the

National Energy Retail Law.

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7A Prescribed energy laws (Act subparagraph 4(1)(c)(ii))

For subparagraph (c)(ii) of the definition of State/Territory energy law in

subsection 4(1) of the Act, the laws set out in the following table are prescribed.

Item Prescribed laws

New South Wales

2.1 Parts 2, 3 and 4 of, and Schedule 1 to, the National Energy Retail Law (Adoption) Act 2012

of New South Wales and regulations made under Parts 2, 3 and 4 of that Act

Victoria

3.1 Parts 3 and 4 of the Gas Industry Act 2001 of Victoria

3.2 Parts 2, 3, 4 and 5 of, and Schedules 2 and 3 to, the National Electricity (Victoria) Act 2005

(Vic.) and regulations and orders made under that Act

3.3 Part 5 of the National Gas (Victoria) Act 2008 of Victoria and regulations and orders made

under that Act

Queensland

4.1A Parts 2, 3 and 4 of the Electricity—National Scheme (Queensland) Act 1997 (Qld) and

regulations made under Part 4 of that Act

4.1 Parts 2, 3, 4 and 5 of, and the Schedule to, the National Energy Retail Law (Queensland) Act

2014 (Qld), and regulations made under Parts 3, 4 and 5 of that Act

4.2 Parts 2, 3 and 4 of the National Gas (Queensland) Act 2008 (Qld) and regulations made

under Parts 2 and 4 of that Act

Western Australia

5.1 Section 15 of the Gas Pipelines Access (Western Australia) Act 1998 of Western Australia

South Australia

6.1 Parts 5, 6 and 7 of the National Energy Retail Law (South Australia) Act 2011 of South

Australia and regulations made under Parts 5 and 7 of that Act

Tasmania

7.1 Division 7 of Part 2 of the Tasmanian Electricity Supply Industry Act 1995 of Tasmania

7.2 Parts 3, 4 and 5 of the National Energy Retail Law (Tasmania) Act 2012 of Tasmania and

regulations made under Parts 3, 4 and 5 of that Act

Australian Capital Territory

8.1 Parts 5 and 6 of the National Energy Retail Law (ACT) Act 2012 of the Australian Capital

Territory and regulations made under Parts 5 and 6 of that Act

Northern Territory

9.1 Electricity Networks (Third Party Access) Act (NT) and any instruments made under that

Act

9.2 Parts 2, 3 and 4 of, and Schedule 1 to, the National Electricity (Northern Territory)

(National Uniform Legislation) Act 2015 (NT) and regulations made under Part 3 of that Act

7AA Australian Energy Regulator functions

For paragraph 44AH(b) of the Act, the AER has the following functions:

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(a) making an application for an order under section 44AAG of the Act and

conducting proceedings relating to the application;

(b) instituting and conducting appeals relating to an application mentioned in

paragraph (a).

7B Merits review by Tribunal (Act subsection 44ZZR(2))

(1) For subsection 44ZZR(2) of the Act, the following provisions of these

Regulations apply to a merits review conducted by the Tribunal:

(a) regulations 17, 18, 19 and 21;

(b) regulation 22;

(d) regulations 22A, 23 and 25;

(e) subregulation 26(1A);

(f) regulation 28M;

(h) regulation 28P.

(2) For the purposes of applying regulation 28M to a merits review conducted by the

Tribunal under a State/Territory energy law or a designated Commonwealth

energy law:

(a) treat the references in the regulation to a review hearing and a review as

references to a merits review conducted by the Tribunal under a

State/Territory energy law or a designated Commonwealth energy law; and

(b) treat the references in the regulation to a determination as references to a

decision that is subject to that merits review; and

(d) treat the references to the dispute as references to the matter that is the

subject of that merits review.

7C Register of applications for review under State/Territory energy law (Act

subsection 44ZZR(2))

(1) For subsection 44ZZR(2) of the Act, the Tribunal must keep a register of

applications for review under a State/Territory energy law.

(2) The register must include:

(a) any document given to the Tribunal in relation to an application referred to

in subregulation (1); and

(b) particulars of any oral submission made to the Tribunal in relation to such

an application; and

of the reasons given by the Tribunal for that determination;

unless regulation 7D requires the exclusion of the document, particulars or

determination.

7D Confidentiality claims etc (Act subsection 44ZZR(2))

Requests for confidential treatment

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(1) If a person gives information to the Tribunal in relation to an application referred

to in subregulation 7C(1), the person may, at the time of giving the information,

request that the information be excluded from the register and the Commission’s

website because of its confidential nature.

Confidentiality claims to be determined first

(2) If a request is made under subregulation (1), the information must be excluded

from the register and the Commission’s website until the Tribunal has made a

determination on the request.

When Tribunal must exclude information

(3) If a request is made under subregulation (1), the Tribunal must exclude the

information from the register and the Commission’s website if the information

contains particulars of:

(a) the amount of electricity or gas a person has used or has a right to obtain;

(b) the cost of gas or electricity services to the person.

When Tribunal may exclude information

(4) If a request is made under subregulation (1), the Tribunal may exclude the

information from the register and the Commission’s website if it is satisfied that

it is desirable to do so because of the confidential nature of the information.

If request refused, document may be withdrawn

(5) The Tribunal must return the document or part of the document to the person:

(a) if the Tribunal refuses a request made under subregulation (1) and the

information is contained in the document; or

(b) if the person who gave the document to the Tribunal so requires.

(6) If paragraph (5)(a) or (b) applies, the Tribunal must exclude the document or the

part of the document (as the case requires) from the register and the

Commission’s website.

If request refused, oral submission may be withdrawn

(7) The person who made the submission may withdraw all or part of the submission

if:

(a) the Tribunal refuses a request made under subregulation (1); and

(b) the information was given by way of oral submission.

(8) If subregulation (7) applies, the Tribunal must exclude the submission or part of

the submission (as the case requires) from the register and the Commission’s

website.

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Tribunal may exclude information for other reasons

(9) The Tribunal may exclude information from the register and the Commission’s

website if it is satisfied that it is desirable to do so for any reason other than the

confidential nature of the information.

8 Prescribed association or body for purposes of paragraph 51(2)(c) of the Act

For the purposes of paragraph 51(2)(c) of the Act, the Australian Gas

Association, a company limited by guarantee within the meaning of the

Companies Act 1961 of the State of Victoria, as in force at the date of

commencement of this regulation, is a prescribed association or body.

8A Professional standards schemes

For subsection 137(2) of the Act, a scheme and any modifications to the scheme

set out in the following table are prescribed.

Note: Column 2 of the table below is included for information only.

Prescribed professional standards schemes

Item Column 1

Scheme

Column 2

Date prescribed

1 The Australian Computer Society Professional Standards

Scheme, published in the New South Wales Government

Gazette No. 109, 4 December 2015

27 February 2016

2 The Australian Property Institute Valuers Limited Scheme,

published in the New South Wales Government Gazette No. 34,

6 May 2016

Note: This Scheme was formerly the Australian Property Institute Valuers Limited Scheme, published in the New South Wales Government Gazette No. 108, 27 August 2010.

The day the Treasury

Laws Amendment

(Professional Standards

Schemes)

Regulations 2017

commence

4 The College of Investigative and Remedial Consulting

Engineers Australia Professional Standards Scheme, published

in the New South Wales Government Gazette No. 135,

28 December 2012

5 July 2013

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Prescribed professional standards schemes

Item Column 1

Scheme

Column 2

Date prescribed

5 The CPA Australia Limited Professional Standards Scheme,

published in the New South Wales Government Gazette

No. 124, 4 October 2013, including as modified by:

(a) the amendments made by instrument published in the New

South Wales Government Gazette No. 13, 31 January 2014;

and

(b) the amendments made by instrument published in the New

South Wales Government Gazette No. 116, 5 December

2014; and

Government Gazette No. 50, 17 June 2016

The scheme—15 March

2014

The amendments

mentioned in

paragraph (a)—15 March

2014

The amendments

mentioned in

paragraph (b)—19 June

2015

The extension mentioned

in paragraph (c)—the day

the Treasury Laws

Amendment (Professional

Standards Schemes)

Regulations 2017

commence

7 Chartered Accountants Australia and New Zealand Professional

Standards Scheme (NSW), including as modified by

amendments published in the New South Wales Government

Gazette No. 72, 28 August 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (NSW) published in the New South Wales Government Gazette No. 70, 22 August 2014.

The scheme—

1 December 2014

The amendments—

27 February 2016

8 The Law Society of New South Wales Scheme, published in

the New South Wales Government Gazette No. 78, 27 July

2012

14 June 2014

9 The New South Wales Bar Association Scheme, published in

the New South Wales Government Gazette No. 17, 5 March

2015

13 August 2015

10 The Professional Surveyors Occupational Association Scheme,

published in the New South Wales Government Gazette

No. 147, 1 November 2013

15 March 2014

11 The ATMA Scheme, prepared by the Association of Taxation

and Management Accountants and published in the Victoria

Government Gazette No. S 361, 29 October 2012

15 February 2013

13 Chartered Accountants Australia and New Zealand Professional

Standards Scheme (Victoria), including as modified by

amendments published in the Victoria Government Gazette No.

S 246, 28 August 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (Victoria) published in the Victoria Government Gazette No. S 264, 5 August 2014.

The scheme—

1 December 2014

The amendments—

27 February 2016

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Prescribed professional standards schemes

Item Column 1

Scheme

Column 2

Date prescribed

14 The Law Institute of Victoria Limited Scheme, published in the

Victoria Government Gazette No. G 16, 21 April 2016

Note: This Scheme was formerly the Law Institute of Victoria Limited Scheme, published in the Victoria Government Gazette No. G 10, 11 March 2010.

The day the Treasury

Laws Amendment

(Professional Standards

Schemes)

Regulations 2017

commence

15 The Victorian Bar Professional Standards Scheme, published in

the Victoria Government Gazette No. S 134, 24 April 2014

14 June 2014

16 The Bar Association of Queensland Scheme, published in the

Queensland Government Gazette No. 40, 24 June 2013

15 March 2014

17 Chartered Accountants Australia and New Zealand Professional

Standards Scheme (Queensland), including as modified by

amendments notified by the Queensland Government on

11 December 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (Queensland) notified by the Queensland Government on, 29 August 2014.

The scheme—

1 December 2014

The amendments—

27 February 2016

19 The Queensland Law Society Professional Standards Scheme,

approved as described in the Professional Standards

(Queensland Law Society Professional Standards Scheme)

Notice 2016 (Qld), 30 June 2016

Note: This Scheme was formerly the Queensland Law Society Scheme, published in the Queensland Government Gazette No. 64, 25 June 2010.

The day the Treasury

Laws Amendment

(Professional Standards

Schemes)

Regulations 2017

commence

21 Chartered Accountants Australia and New Zealand Professional

Standards Scheme (WA), including as modified by

amendments published in the Western Australian Government

Gazette No. 135, 1 September 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (WA) published in the Western Australian Government Gazette No. 122, 8 August 2014.

The scheme—

1 December 2014

The amendments—

27 February 2016

22 The Law Society of Western Australia Scheme, published in

the Western Australian Government Gazette No. 54, 11 April

2014

14 June 2014

23 The Western Australian Bar Association Scheme, published in

the Western Australian Government Gazette No. 57, 17 April

2014

14 June 2014

25 Chartered Accountants Australia and New Zealand Professional

Standards Scheme (SA), including as modified by amendments

published in the South Australian Government Gazette No. 59,

22 October 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (SA) published in the South Australian Government Gazette

The scheme—

1 December 2014

The amendments—

27 February 2016

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Prescribed professional standards schemes

Item Column 1

Scheme

Column 2

Date prescribed

No. 63, 21 August 2014.

26 The Law Society of South Australia Professional Standards

Scheme, published in the South Australian Government Gazette

No. 76, 3 November 2011, including as modified by the

extension published in the South Australian Government

Gazette No. 41, 14 July 2016

The scheme—1 January

2012

The extension—the day

the Treasury Laws

Amendment (Professional

Standards Schemes)

Regulations 2017

commence

27 The South Australian Bar Association Inc Scheme, published in

the South Australian Government Gazette No. 76, 3 November

2011, including as modified by the extension published in the

South Australian Government Gazette No. 77, 1 December

2016

The scheme—1 January

2012

The extension—the day

the Treasury Laws

Amendment (Professional

Standards Schemes)

Regulations 2017

commence

28 The Engineers Australia Tasmania Scheme, published in the

Tasmanian Government Gazette No. 20 929, 1 April 2009

8 June 2010

29 The Engineers Australia (ACT) Scheme, approved on

17 December 2008

13 June 2009

30 Chartered Accountants Australia and New Zealand Professional

Standards Scheme (ACT), including as modified by

amendments notified by the ACT Government on 25 August

2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (ACT) approved on 14 July 2014.

The scheme—

1 December 2014

The amendments—

27 February 2016

31 Engineers Australia Northern Territory Professional Standards

Scheme, published in the Northern Territory Government

Gazette No. S53, 27 October 2010 and amended as published in

the Northern Territory Government Gazette No. S73,

23 December 2013

15 March 2014

32 Chartered Accountants Australia and New Zealand Professional

Standards Scheme (NT), including as modified by amendments

published in the Northern Territory Government Gazette No.

S109, 30 November 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (NT) published in the Northern Territory Government Gazette No. S84, 17 September 2014.

The scheme—

1 December 2014

The amendments—

27 February 2016

33 The RICSV Ltd Scheme, published in the New South Wales

Government Gazette No. 109, 4 December 2015

27 February 2016

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9 Notification of exclusive dealing and private disclosure of pricing information

(1) A notice under subsection 93(1) of the Act in relation to conduct of a kind

referred to in subsections 47(2) to (9) of the Act must be in accordance with

Form G.

(2) A notice under subsection 93(1) of the Act in relation to conduct of a kind

referred to in section 44ZZW of the Act must be in accordance with Form GAA.

(3) For subsection 93(7A) of the Act, the period in relation to a notice describing

conduct or proposed conduct referred to in:

(a) section 44ZZW of the Act; or

(b) subsection 47(6) or (7) of the Act; or

is 14 days.

Note: The period starts on the day when a corporation gives the Commission the notice

mentioned in subsection 93(1) of the Act.

11 Service of documents on the Commission

(1) A document to which this regulation applies may be made or given to, lodged

with, or served on, the Commission by delivering it, or causing it to be delivered

(whether by post or otherwise), at any office of the Commission.

(2) A reference in this regulation to a document to which this regulation applies shall

be read as a reference to:

(a) an application under the Act or these Regulations to be made to the

Commission;

(b) a notice under the Act or these Regulations to be given to, or lodged with,

the Commission; or

Commission.

12 Service of documents on persons other than the Commission

(1) A person who has in a document lodged with the Commission stated an address

for service may, at any time, lodge with the Commission a notice in writing

stating a new address for service (which may be an electronic address).

(2) A reference in these Regulations to an address for service shall, in relation to a

person who has notified two or more addresses for service, be read as a reference

to the later or latest of those addresses.

(3) Subject to these Regulations, a document or notice that is required or permitted

by or under the Act or these Regulations to be served on, or given to, a person in

connexion with any proceeding or matter before the Commission may be served

on, or given to, that person:

(a) where the person has, in a document or notice lodged with the

Commission, stated an address for service that is not an electronic

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address—by delivering the document to the person personally or by

delivering the document at, or by sending the document by registered post

addressed to the person at, that address; or

(aa) where the person has, in a document or notice lodged with the

Commission, stated an address for service that is an electronic address—by

sending the document to that address; or

(b) in any other case:

(i) where the person is a body corporate—by delivering the document

personally to the manager or secretary of the body corporate or, if the

body corporate has a registered office in Australia, by leaving it at that

office or by sending it by registered post addressed to the body

corporate at that office, or if the body corporate does not have a

registered office in Australia, by sending it by registered post

addressed to the body corporate at its principal place of business in

Australia; or

(ii) where the person is not a body corporate—by delivering the document

to the person or by sending the document by registered post addressed

to the person at the last known address of the person, or by sending

the document to the last electronic address the person used to contact

the Commission.

(4) Notice by the Commission under subsection 90A(2) or 93A(2) of the Act shall

be sent to a person:

(a) where the person has, in a document or notice lodged with the

Commission, stated an address for service that is not an electronic

address—by sending the notice by pre-paid post to that person at that

address; and

(aa) where the person has, in a document or notice lodged with the

Commission, stated an address for service that is an electronic address—by

sending the notice to that address; or

(b) in any other case:

(i) where the person is a body corporate which has a registered office in

Australia—by sending the notice by pre-paid post to that person at

that registered office;

(ii) where the person is a body corporate which does not have a registered

office in Australia but which has a place of business in Australia—by

sending the notice by pre-paid post to that person at its principal, or

only, place of business in Australia;

(iii) where the person is a body corporate which does not have a registered

office or a place of business in Australia—by sending the notice by

pre-paid post to that person at the registered office of that body

corporate; or

(iv) where the person is not a body corporate—by sending the notice by

pre-paid post to that person at the last known address of the person, or

by sending the notice to the last electronic address the person used to

contact the Commission.

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13 Recording of date of receipt of applications or notices

The Commission shall cause the date on which an application under Division 1

or 3 of Part VII of the Act or a notice under subsection 93(1) or section 93AB of

the Act is received in one of its offices to be recorded on the application or

notice, as the case may be.

14 Evidence in respect of receipt etc of documents

(1) In any proceedings under the Act, a certificate under the seal

of the Commission certifying that any specified fact in relation to the lodgment

or receipt or non-lodgment or non-receipt

of a document, or of a document of a kind, described in the certificate appears

from the records kept by the Commission is prima facie evidence of that fact.

(2) In any proceedings under the Act, a certificate under the seal of the Commission

certifying that it appears from the records kept by the Commission that a

document, or a document of a kind, described in the certificate has not been

received at any of the offices of the Commission is prima facie evidence of that

fact.

15 Seal of the Tribunal

(1) The seal of the Tribunal shall be of a design approved by the President and shall

include:

(a) the Commonwealth Arms, that is to say, the Armorial Ensigns and

Supporters granted and assigned for the Commonwealth of Australia by

Royal Warrant dated 19 September 1912; and

(b) the words “Australian Competition Tribunal”.

(3) The seal of the Tribunal shall be affixed by or with the authority of the Registrar

to such documents as are required by these Regulations or by a direction of a

presidential member to be sealed with the seal of the Tribunal.

16 Hours of Registrar’s office

The office of the Registrar shall be open for business on every day, other than a

Saturday, a Sunday or a day that is observed as a holiday in the Australian Public

Service by virtue of section 76 of the Public Service Act 1922-1973 in the place

where the office is situated, from 10 o’clock in the morning until 1 o’clock in the

afternoon and from 2 o’clock to 4 o’clock in the afternoon.

17 Title of proceedings before the Tribunal

(1) An application to the Tribunal under the Act and any other document filed with

the Registrar, or issued out of the office of the Registrar, in relation to

proceedings before the Tribunal shall be intituled in accordance with Form H.

(2) The Registrar may, at the request of a person proposing to institute proceedings

or of his own motion after any proceedings before the Tribunal are instituted,

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24 Competition and Consumer Regulations 2010

Compilation No. 60 Compilation date: 25/5/17 Registered: 30/5/17

determine the description of the matter that is to form part of the title of the

proceedings and, unless the Tribunal otherwise orders, the description so

determined shall form part of the title of the proceedings for the purposes of all

documents in the proceedings after that determination.

18 Filing or lodging of documents with the Registrar

(1) The making of an application to the Tribunal under the Act and the filing of any

other document with the Registrar shall be effected by lodging it at the office of

the Registrar at a time when that office is open for business.

(2) The Registrar shall cause the date on which a document was lodged at his office

to be recorded on the document.

(3) Subregulation (2) applies in relation to a document that is lodged with the

Registrar or at his office whether or not it is, or is required to be, filed.

19 File number of proceedings

(1) The Registrar shall cause a file number to be allotted to each proceeding before

the Tribunal.

(2) The one file number may be allotted to all proceedings that, in the opinion of the

Registrar, are related to each other.

20 Applications for review

(1) An application under subsection 101(1) of the Act for a review of a

determination by the Commission:

(a) shall be in accordance with Form I; and

(b) shall be made within a period of 21 days after the date of the determination.

(2) An application under section 101A of the Act for a review

of the giving of a notice by the Commission under subsection 93(3) or (3A) or

subsection 93AC(1) or (2) of the Act shall be made:

(a) in accordance with Form J; and

(b) within a period of 21 days after the date of the notice.

(3) The person making an application referred to in subregulation (1) or (2) shall

cause a copy of the application to be served on the Commission and, if that

person is not the person who made the application to the Commission for the

authorization or the corporation to which notice was given under

subsection 93(3) or (3A) or subsection 93AC(1) or (2) of the Act, on the person

who made the application to the Commission for the authorization or on the

corporation to which notice was given under subsection 93(3) or (3A) or

subsection 93AC(1) or (2) of the Act, as the case requires.

(4) An application under section 151CI of the Act must be in accordance with Form

JAA.

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Compilation No. 60 Compilation date: 25/5/17 Registered: 30/5/17

(5) A person making an application mentioned in subregulation (4) must give a copy

of the application to the Commission.

20A Applications for review of certain access decisions

(1) An application to the Tribunal:

(a) under subsection 44K(1) of the Act for review of a declaration of a service;

(b) under subsection 44K(2) of the Act for review of a decision not to declare a

service;

declaration of a service;

must be in accordance with Form JA.

(2) An application to the Tribunal under subsection 44O(1) of the Act for review of

a decision of the Commonwealth Minister on the effectiveness of an access

regime must be in accordance with Form JB.

(3) An application to the Tribunal under subsection 44ZX(1) of the Act for review of

a decision of the Commission not to register a contract must be in accordance

with Form JC.

(4) An application under section 152AV of the Act must be in accordance with Form

JD.

(5) An application under section 152CE of the Act must be in accordance with Form

JE.

21 Address for service in proceedings before Tribunal

(1) Subject to any direction of the Tribunal, a person is not entitled to take any step

in, or be heard at the hearing of, proceedings before the Tribunal unless he has

filed with the Registrar a notice stating an address in Australia at which

documents may be served on him for the purposes of those proceedings and has

served a copy of that notice on any person appearing in the proceedings.

(1A) In addition to providing an address in Australia, the person may provide an

electronic address at which the documents may be served on the person.

(2) A person who has filed a notice of an address for service under this regulation

may, at any time, file a notice stating a new address for service.

(3) Where a person files a notice stating a new address for service under

subregulation (2), he shall forthwith serve a copy of the notice on any person

appearing in the proceedings.

(4) A reference in these Regulations to an address for service shall, in relation to a

person who has stated two or more addresses for service, be read as a reference

to the later or latest of those addresses.

22 Directions by the Tribunal as to certain matters

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26 Competition and Consumer Regulations 2010

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(1) Without limiting the generality of the powers of the Tribunal under the Act or

these Regulations, the Tribunal may, in any proceedings before the Tribunal,

give directions:

(a) for securing, by means of preliminary statements of facts and contentions,

and by the production of documents, that all material facts and

considerations are brought before the Tribunal by all persons participating

in any proceedings before the Tribunal; and

(aa) with respect to evidence in proceedings before the Tribunal, including the

appointment of persons to assist the Tribunal by giving evidence (whether

personally or by means of a written report); and

(b) with respect to the representation in any such proceedings of persons

having a common interest in the proceedings.

(2) The powers of the Tribunal to give directions under subregulation (1) may be

exercised by the Tribunal constituted by a presidential member.

22A Evidence of persons not attending the Tribunal

(1) Subject to subregulation (2), the Tribunal may permit a person, other than a

person appearing as a witness before the Tribunal, to give evidence in

proceedings before the Tribunal by tendering a written statement.

(2) The Tribunal must not give permission under subregulation (1) in respect of a

statement, unless:

(a) the parties to the proceedings consent to the permission being given; and

(b) the statement is accompanied by a statutory declaration by the person,

verifying the information contained in the statement.

(3) A statement tendered with the permission of the Tribunal must be filed with the

Registrar.

22B Participation in review of certain access decisions

(1) In a review under section 44K of the Act of a declaration of a service, the person

who applied for the declaration recommendation may participate in the review,

in addition to the provider.

(2) In a review under section 44K of the Act of a decision not to declare a service,

the provider may participate in the review, in addition to the person who applied

for the declaration recommendation.

(3) In a review under section 44L of the Act of a decision not to revoke a declaration

of a service, the person who applied for the declaration recommendation may

participate in the review, in addition to the provider.

(4) In a review under section 44ZX of the Act of a decision not

to register a contract, any other party to the contract may participate in the

review, in addition to the party who applied for review.

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(5) In a review under section 152AV of the Act of a decision under

subsection 152AT(3) of the Act, a person whose interests are affected by the

decision may participate in the review, in addition to the person who applied for

the review.

(6) In a review under section 152CE of the Act of a decision under

subsection 152BU(2) or 152BY(3), a person whose interests are affected by the

decision may participate in the review, in addition to the person who applied for

the review.

23 Orders and determinations of Tribunal

(1) Each order and determination of the Tribunal and the date on which it was made

shall be recorded by the Registrar in a document signed by him.

(2) The original of each document referred to in subregulation (1) shall be filed by

the Registrar in the records of the Tribunal.

24 Confidentiality

(1) This regulation applies to a request to the Commission or the Tribunal under a

provision mentioned in an item in the table that a document, or a part of a

document, be excluded from the register kept under the corresponding provision

mentioned in the item.

Item Provision of the Act for the making of a

request

Corresponding provision in the Act

for keeping of register

1 subsection 89(5) subsection 89(3)

2 subsection 95(2) subsection 95(1)

3 subsection 95AI(1) section 95AH

4 subsection 95AZA(1) section 95AZ

(1A) A request to which subregulation (1) applies shall be made:

(a) where the request is that a document be excluded—by writing in red near

the top of each page of the document the words “Restriction of Publication

Claimed”; and

(b) where the request is that part of a document be excluded—by writing in red

near the top of the first page of the document the words “Restriction of

Publication of Part Claimed” (and, where the document consists of more

than 5 pages, a description of where in the document that part of the

document is to be found) and by clearly marking in red that part of the

document.

(2) Where a person proposes to apply, at the hearing of proceedings before the

Tribunal, for a direction by the Tribunal under paragraph 106(2)(b) of the Act

prohibiting or restricting, by reason of the confidential nature of any evidence or

matter or for any other reason, the publication of matters contained in a

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28 Competition and Consumer Regulations 2010

Compilation No. 60 Compilation date: 25/5/17 Registered: 30/5/17

document filed or lodged with the Registrar, received in evidence by the Tribunal

or placed in the records of the Tribunal, the person may mark in red:

(a) near the top of the first page of the document, the words “Restriction of

Publication Claimed” (and, where the document consists of more than 5

pages, a description of where in the document those matters are contained);

and

(b) those matters.

(4) For the purposes of subsection 165(3) of the Act, a person may claim that a

document furnished to the Tribunal contains matter of a confidential nature by

writing in red near the top of each page of the document the words “Restriction

of Publication Claimed”.

(5) Where the Commission has given a direction under paragraph 22(1)(b) or under

subsection 89(5) or 95(2) of the Act as in force immediately before 1 July 1977

in respect of a document and that document is subsequently filed or lodged with

the Registrar, received in evidence by the Tribunal, placed in the records of the

Tribunal or otherwise furnished to the Tribunal, that direction shall be deemed to

be:

(a) a request by the person on whose application the Commission’s direction

was given for a direction by the Tribunal under paragraph 106(2)(b) of the

Act prohibiting or restricting the publication of matters contained in the

document; and

(b) a claim by the person on whose application the Commission’s direction

was given for a direction by the Tribunal under subsection 165(3) of the

Act that the document contains matter of a confidential nature.

(6) This subregulation applies if the Commission or the Tribunal has excluded,

under a provision mentioned in an item in the table, a document, or a part of a

document, from the register kept under the corresponding provision mentioned in

the item.

Item Provision of the Act for excluding a

document or part of a document

Corresponding provision in the Act

for keeping of register

1 subsection 89(5A)

subsection 89(5D)

subsection 89(3)

2 subsection 95(3)

subsection 95(7)

subsection 95(1)

3 subsection 95AI(2)

subsection 95AI(3)

subsection 95AI(4)

section 95AH

4 subsection 95AZA(2)

subsection 95AZA(3)

subsection 95AZA(4)

section 95AZ

(7) If subregulation (6) applies in relation to a document, or part of a document,

excluded by the Commission or the Tribunal, that exclusion shall be deemed to

be:

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Competition and Consumer Regulations 2010 29

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(a) a request by the person by whom the document was furnished for a

direction by the Tribunal under paragraph 106(2)(b) of the Act prohibiting

or restricting the publication of matters contained in that document; and

(b) a claim by that person under subsection 165(3) of the Act that the

document contains matter of a confidential nature.

25 Summons to witness

(2) A summons under subsection 105(2) of the Act shall be in accordance with Form

(3) A summons under subsection 105(2) of the Act shall be served on a person by:

(a) delivering a copy of the summons to the person personally; and

(b) showing the original of the summons to the person at the time at which the

copy is delivered to him.

26 Continuance of proceedings and matters notwithstanding non-compliance

with Regulations or direction

(1) Subject to subsection 172(3) of the Act and to these Regulations, the failure by a

person in or in relation to a proceeding or matter before the Commission to

comply with a provision of these Regulations does not, unless the Commission

otherwise directs, prevent the proceeding or matter being dealt with as if the

person had complied with the provision.

(1A) Subject to subsection 172(3) of the Act and to these Regulations, the failure by a

person in or in relation to a proceeding or matter before the Tribunal to comply

with a provision of these Regulations or with a direction of the Tribunal under

these Regulations does not, unless the Tribunal otherwise directs, prevent the

proceeding or matter being dealt with as if the person has complied with the

provision or direction.

(2) Subregulation (1) does not apply in relation to:

(a) the requirement in regulation 20 that an application under

subsection 101(1), or under section 101A, of the Act for

a review of a determination be made within a period of 21 days after the

date of the determination; and

(ab) the requirement in regulation 74 that an application under

subsection 111(1) of the Act for a review of a determination be made

within a period of 14 days after the date of the determination; and

(b) the requirement that the applicant or person giving the notice shall state an

address in Australia at which documents under the Act or these Regulations

may be served, in the appropriate place on any of the following Forms:

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30 Competition and Consumer Regulations 2010

Compilation No. 60 Compilation date: 25/5/17 Registered: 30/5/17

Form A;

Form B;

Form BA;

Form C;

Form D;

Form DA;

Form E;

Form EA;

Form FA;

Form FB;

Form FC

Form G;

Form GA;

Form GAA;

Form I;

Form J;

Form JA;

Form JAA;

Form JB;

Form JC;

Form JD;

Form JE;

Form L;

Form LA;

Form N;

Form O;

Form P;

Form Q;

Form R;

Form S;

Form T

Form U;

Form V;

Form W.

27 Inspection of, and furnishing of copies of, documents

(1) Subject to this regulation, an application by a person to inspect a document

referred to in paragraph 165(1)(a) or 165(2)(a) of the Act shall be made

personally:

(a) in the case of a document referred to in paragraph 165(1)(a) of the Act—at

the office of the Commission where the relevant register is kept; and

(b) in the case of a document referred to in paragraph 165(2)(a) of the Act—at

the office of the Registrar.

(2) Subject to subregulation (3), an application by a person to obtain a copy referred

to in paragraph 165(1)(b) or 165(2)(b) of the Act shall be made:

(a) in the case of a copy referred to in paragraph 165(1)(b) of the Act—

personally at any office of the Commission or by post addressed to the

Commission at any of its offices; or

(b) in the case of a copy referred to in paragraph 165(2)(b) of the Act—

personally at the office of the Registrar or by post addressed to the

Registrar.

(3) An application under subsection 165(2) of the Act in relation to a document on

which the words “Restriction of Publication Claimed” have been written in

accordance with regulation 24 shall be made to the Tribunal constituted by a

presidential member.

28 Fees

(1) For the purposes of:

(a) subsections 157(1), 157AA(1) and 165(1) and (2) of the Act; and

(b) regulation 6H;

the prescribed fee for obtaining a copy of a document is $1.00 for each page of

the copy.

(2) For the purposes of:

(a) subsections 157AA(1) and 165(1) and (2) of the Act; and

(b) regulation 6H;

the prescribed fee for obtaining a certified copy of a document is the fee

calculated in accordance with subregulation (1) plus $10.

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Competition and Consumer Regulations 2010 31

Compilation No. 60 Compilation date: 25/5/17 Registered: 30/5/17

(2A) For subsections 151AR(4), 151BH(5), 151BR(4), 152AQ(4), 152BR(3),

152CC(3), 152CJ(3), 152EA(3) and 152ED(7) of the Act, the following fees for

making a copy of a Register are specified:

(a) if the copy is certified—$10 plus $1 for each page of the copy; or

(b) in any other case—$1 for each page of the copy.

(2B) For paragraph 151AT(c) of the Act, the fee for an application for an exemption

order is $7,500.

(2C) For subsection 151BQ(3) of the Act, the fee for a copy of tariff information is:

(a) if the copy is certified—$10 plus $1 for each page of the copy; or

(b) in any other case—$1 for each page of the copy.

(3) In spite of subregulations (1), (2) and (2A), a person appearing in a proceeding or

matter before the Commission or Tribunal is entitled, without payment of a fee,

to receive one certified copy of a document relating to the proceeding or matter.

(4) No fee is payable to the Commission or Tribunal for an application or notice

specified in Schedule 1A.

(5) If Schedule 1A does not apply to a matter specified in column 2 of an item in

Schedule 1B, the fee payable to the Commission or Tribunal for the matter is:

(a) the fee specified in column 3 of the item; or

(b) if a concessional fee is payable for the matter under subregulation (6), the

concessional fee specified in column 4 of the item.

Note: Some other regulations impose fees for particular things.

(6) Subject to subregulation (6A), a concessional fee is payable to the Commission

for an additional application or an additional notice if:

(a) there are reasonable grounds for the Commission to believe that the first

application or the first notice and the additional application or additional

notice relate to conduct in the same market (or closely related markets);

and

(b) each additional application or additional notice is:

(i) lodged with the Commission within 14 days of the date of lodgment

of the first application or the first notice; and

(ii) endorsed by the Commission with reference to the first application or

the first notice.

(6A) A concessional fee is payable to the Commission for an additional notice

mentioned in paragraph (c) of the definition of additional notice in

subregulation (7), if:

(a) until the end of 31 December 2008:

(i) there are reasonable grounds for the Commission to believe that the

first notice and the additional notice relate to conduct in the same

market (or closely related markets); and

(ii) the additional notice is lodged with the Commission within 28 days of

the date of lodgment of the first notice; and

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32 Competition and Consumer Regulations 2010

Compilation No. 60 Compilation date: 25/5/17 Registered: 30/5/17

(iii) the additional notice is endorsed by the Commission with reference to

the first notice; or

(b) after 31 December 2008:

(i) there are reasonable grounds for the Commission to believe that the

first notice and the additional notice relate to conduct in the same

market (or closely related markets); and

(ii) the additional notice is lodged with the Commission within 14 days of

the date of lodgment of the first notice; and

(iii) the additional notice is endorsed by the Commission with reference to

the first notice.

(7) In this regulation:

additional application means an application, made by any person after a first

application, that relates to the subject of the first application.

additional notice means:

(a) a notice given, after a person’s first notice under subsection 93(1) of the

Act, about conduct of a kind mentioned in:

(i) section 44ZZW of the Act; or

(ii) subsection 47(2), (3), (4) or (5) of the Act; or

(iii) paragraph 47(8)(a) or (b) of the Act; or

(iv) paragraph 47(9)(a), (b) or (c) of the Act; or

(b) if a person is not an individual or a proprietary company, a notice given,

after the person’s first notice under subsection 93(1) of the Act, about

conduct of a kind mentioned in:

(i) section 44ZZW of the Act; or

(ii) subsection 47(6) or (7) of the Act; or

(iii) paragraph 47(8)(c) of the Act; or

(iv) paragraph 47(9)(d) of the Act; or

notice under that subsection.

first application means the first application made by a person under

subsection 88(1A), (1), (5), (7), (7A), (8) or (8A) of the Act in relation to a

matter.

28A Services and activities for which the Commission may charge

(1) For the purposes of paragraph 171A(1)(b) of the Act, the following activities are

prescribed:

(a) conducting workshops and seminars;

(b) conducting training.

(2) For the purposes of subsection 171A(3) of the Act, the following acts done by

the Commission are prescribed:

(a) providing a speaker or information for:

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(i) a workshop, seminar, training session or other activity not arranged by

or on behalf of the Commission; or

(ii) use in training materials, including videotapes, not produced by or on

behalf of the Commission;

(b) providing information relating to trade practices for use in material

published by a person other than the Commission;

Act.

28AA Protection of persons appearing on another person’s behalf

(1) A barrister, solicitor or other person appearing on behalf of another person at an

inquiry held in accordance with Part VIIA of the Act has the same protection and

immunity as a barrister has in appearing for a party in proceedings in the High

Court.

(2) A barrister, solicitor or other person engaged by the Commission to appear at an

inquiry held in accordance with Part VIIA of the Act:

(a) has the same protection and immunity as a barrister has in appearing for a

party in proceedings in the High Court; and

(b) may inspect a document:

(i) given to the Commission for the purposes of the exercise of its powers

or the performance of its functions under that Part; or

(ii) produced at an inquiry held in accordance with that Part; and

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Regulation 28B

34 Competition and Consumer Regulations 2010

Compilation No. 60 Compilation date: 25/5/17 Registered: 30/5/17

Part 2A—Review by Tribunal of access determinations

28B Definitions for Part 2A

In this Part:

determination means a determination made by the Commission under

section 44V or 152CP of the Act.

review means a review by the Tribunal of a determination, under section 44ZP or

152DO of the Act.

28C Applications for review

(1) An application for a review of a determination under section 44ZP of the Act

must be in accordance with Form L.

(1A) An application under section 152DO of the Act must be in accordance with Form

LA.

(2) The applicant must cause a copy of the application to be served on each other

party to the determination.

28D Notice about participation in a review

(1) Within 7 days after the service on a party of a copy of an application for review,

that party may file with the Registrar a notice stating:

(a) whether the party wishes to participate in the review; and

(b) if so, particulars of the facts and contentions on which the party intends to

rely and the issues as that party sees them.

(2) Subject to any direction of the Tribunal, a party is not entitled to take any step in,

or be heard at the hearing of, the review unless the party has complied with

subregulation (1).

28E Participants in a review

(1) Subject to regulation 28D, all the parties to a determination are entitled to

participate in a review of the determination.

(2) The Tribunal may, upon such conditions it thinks fit, permit a person to intervene

in a review.

(3) The parties to a review are:

(a) any party to the determination who participates in the review; and

(b) any person permitted to intervene in the review.

28F Constitution of the Tribunal for conduct of a review

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Regulation 28G

Competition and Consumer Regulations 2010 35

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For the purposes of a particular review, the Tribunal is to be constituted by a

Division of the Tribunal consisting of 2 or more members of the Tribunal

nominated by the President.

28G Member of Tribunal presiding

(1) Subject to subregulation (2), the President must nominate a member of a

Division of the Tribunal constituted under regulation 28F to preside at a review.

(2) If a presidential member of the Tribunal is a member of the Division, that

presidential member is to preside at the review.

28H Reconstitution of Tribunal

(1) This regulation applies if a member of the Tribunal who is one of the members

who constitute a Division of the Tribunal for the purposes of a particular review:

(a) ceases to be a member of the Tribunal; or

(b) for any reason, is not available for the purpose of the review.

(2) The President must either:

(a) direct that the Tribunal is to be constituted for the purposes of finishing the

review by the remaining member or members; or

(b) direct that the Tribunal is to be constituted for that purpose by the

remaining member or members together with one or more other members

of the Tribunal.

(3) If a direction under subregulation (2) is given, the Tribunal as constituted in

accordance with the direction must continue and finish the review and, for that

purpose, may have regard to any record of the proceedings of the review made

by the Tribunal as previously constituted.

28I Determination of question

If the Tribunal is constituted for a review by 2 or more members of the Tribunal,

any question before the Tribunal is to be decided:

(a) unless paragraph (b) applies—according to the opinion of the majority of

those members; or

(b) if the members are evenly divided on the question—according to the

opinion of the member who is presiding.

28J Disclosure of interests by members of Tribunal

(1) If a member of the Tribunal is, or is to be, one of the members who constitute the

Tribunal for the purposes of a particular review and the member has, or acquires,

any pecuniary interest that could conflict with the proper performance of his or

her functions in relation to the review:

(a) the member must disclose the interest to the President; and

(b) the member must not take part, or continue to take part, in the review if:

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(i) the President gives a direction under paragraph (2)(a) in relation to the

review; or

(ii) any party to the review objects to the member taking part in the

review.

(2) If the President becomes aware that a member of the Tribunal is, or is to be, one

of the members who constitute the Tribunal for the purposes of a particular

review and that the member has, in relation to the review, an interest of a kind

referred to in subregulation (1):

(a) if the President considers that the member should not

take part, or should not continue to take part, in the review—the President

must give a direction to the member accordingly; or

(b) in any other case—the President must cause the interest of the member to

be disclosed to the parties to the review.

28K Hearing to be in private

(1) Subject to subregulation (2), a review hearing is to be in private.

(2) If the parties to the review agree, a review hearing or part of a review hearing

may be conducted in public.

(3) The member of the Tribunal who is presiding at a review hearing that is

conducted in private may give written directions as to the persons who may be

present.

(4) In giving directions under subregulation (3), the member presiding must have

regard to the wishes of the parties and the need for commercial confidentiality.

28L Representation at a review hearing

At a review hearing:

(a) an individual may appear in person; and

(b) any person may be represented by:

(i) a barrister or solicitor of the Supreme Court of a State or Territory or

of the High Court; or

(ii) another person (being an individual) approved by the Tribunal.

28M Procedure of Tribunal

(1) In a review hearing of the determination in an access dispute, the Tribunal:

(a) is not bound by technicalities, legal forms or rules of evidence; and

(b) must act as speedily as a proper consideration of the dispute allows, having

regard to the need to inquire into and investigate, carefully and quickly, the

dispute and all matters affecting the merits, and fair settlement, of the

dispute; and

thinks appropriate.

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(2) The Tribunal may determine the periods that are reasonably necessary for the fair

and adequate presentation of the respective cases of parties to a review, and may

require that the cases be presented within those periods.

(3) The Tribunal may require evidence or argument to be presented in writing, and

may decide the matters on which it will hear oral evidence or argument.

(4) The Tribunal may determine that a review hearing is to be conducted by:

(a) telephone; or

(b) closed circuit television; or

28N Summons to witness—review hearing

(1) A summons for the purposes of a review hearing must be in accordance with

Form K.

(2) A summons must be served on a person by:

(a) delivering a copy of the summons to the person personally; and

(b) showing the original of the summons to the person at the time at which the

copy is delivered to the person.

28P Taking of evidence by a single member

(1) The Tribunal as constituted for the purposes of a particular review may authorise

the member presiding at the review to take evidence for the purposes of the

review on its behalf, with such limitations (if any) as the Tribunal so constituted

directs.

(2) If an authority is given to a member:

(a) that member may take evidence accordingly; and

(b) in relation to the taking of evidence in accordance with the authority, that

member is taken, for the purposes of the Act and these Regulations, to

constitute the Tribunal.

28Q Application of regulations

(1) Subject to subregulation (2), a provision of these Regulations that applies to a

proceeding before the Tribunal applies to a review.

(2) Regulations 22 and 22A do not apply to a review.

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Division 1 Definitions for Part 2B

Regulation 28R

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Part 2B—Telecommunications access regime

Division 1—Definitions for Part 2B

28R Definitions

In this Part:

(a) an access dispute is a dispute mentioned in section 152CM of the Act; and

(b) the following words and expressions have the meanings given in Part XIC

of the Act:

(i) access;

(ii) access provider;

(iii) access seeker;

(iv) active declared service;

(v) carrier;

(vi) declared service;

(vii) determination;

(viii) facility;

(ix) party;

(x) price-related terms and conditions;

(xi) service provider.

Note 1: For each of the following words and expressions, see the related provision of the Act:

access—section 152AF

access provider—subsection 152AR(2)

access seeker—section 152AG

active declared service—subsection 152AR(2)

declared service—subsection 152AL(2)

determination—section 152CL

party—section 152CL

price-related terms and conditions—subsection 152CH(3).

Note 2: Section 152AC of the Act provides that each of the following words, and the following

expression, has the same meaning as in the Telecommunications Act 1997:

carrier

facility

service provider.

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Division 2—Access generally

28S Billing information

(1) This regulation is made for subsection 152AR(7) of the Act.

(2) This regulation applies to billing information that is not available to the service

provider from the signals used to deliver calls, or other processes agreed between

the access and service providers.

(3) Billing information must be given:

(a) at times agreed by the access and service providers; and

(b) in a manner and form agreed by the access and service providers, including

whether the information is to be given in electronic or paper form.

(4) For supply of an active declared service used for making a call using a relevant

carriage service, billing information must, unless the access and service

providers agree otherwise, include the following particulars:

(a) if the access provider knows the unique customer account number of the

customer who originated the call—the number;

(b) if:

(i) the public number from which the call was made is not the same as

the public number used for billing purposes; and

(ii) the access provider knows the public number used for billing

purposes;

the public number used for billing purposes;

(d) the time the call started;

(e) the duration of the call;

(f) if the service provider asks about a call to which subregulation (5) applies

and the access provider knows the information—the name and billing

address of the customer;

(g) if the service provider asks for other information reasonably required by

the service provider to bill the customer—the information;

(h) for a call made using an active declared service mentioned in paragraph (b)

of the definition of relevant carriage service in subregulation (7)—the

geographic region where the call originated or terminated.

(5) For paragraph (4)(f), this subregulation applies to a call if:

(a) the service provider chosen for the call is not the service provider that the

customer pre-selected in accordance with arrangements under a

determination that is in force under section 349 of the Telecommunications

Act 1997; and

(b) the customer became a customer of the service provider because the

customer selected the service provider by dialling a particular over-ride

dial code.

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(6) For supply of an active declared service other than for making a call using a

relevant carriage service, billing information must include a level of itemisation

agreed by the access and service providers.

(7) In this regulation:

billing address means the address to which bills are normally sent by the service

provider pre-selected by the customer.

public mobile telecommunications service has the same meaning as in the

Telecommunications Act 1997.

public number means a number specified in the numbering plan made under

section 455 of the Telecommunications Act 1997.

relevant carriage service means:

(a) a standard telephone service; or

(b) a public mobile telecommunications service for which

the price-related terms and conditions of supply are determined wholly or

partly by where a call originates or terminates.

standard telephone service has the same meaning as in the Telecommunications

Act 1997.

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Documents Division 4

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Division 4—Documents

28Y Definition

In this Division:

Part XIB or XIC register means:

(a) the register of competition notices kept under section 151AR of the Act; or

(b) the register of exemption orders kept under section 151BH of the Act; or

(d) the register of declared services kept under section 152AQ of the Act; or

(e) the register of telecommunications access codes kept under section 152BR

of the Act; or

(f) the register of access undertakings kept under section 152CC of the Act; or

(g) the register of Ministerial pricing determinations kept under section 152CJ

of the Act; or

(h) the register of access determinations kept under section 152EA of the Act;

(i) the register of agreements kept under section 152ED of the Act.

28Z Copies of documents in Part XIB or Part XIC register

(1) A person may request a copy of a document in a Part XIB or XIC register that is

certified by a person, who is authorised by the Commission to certify copies of

documents of that kind, to be a true copy of the document.

(2) A request must be made:

(a) in person at the office of the Commission where the register is kept; or

(b) in writing to the Commission at that office.

Note: See subregulation 28(2A) for fees.

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Part 3—International liner cargo shipping

29 Interpretation

(1) In this Part, unless the contrary intention appears:

Registrar means the Registrar of Liner Shipping.

trade area, in relation to a conference agreement, means the geographical area to

which the agreement relates.

(2) An expression used in this Part has the same meaning as in Part X of the Act.

30 Office of the Registrar

The Registrar must notify in the Gazette any change in the address of the office

of the Registrar.

31 Fees

The fee specified in column 2 of an item in Schedule 2 is prescribed in respect of

the matter specified in column 1 of that item.

32 Register of conference agreements: prescribed particulars

The following particulars are prescribed in relation to an entry in the register of

conference agreements, as well as any particulars required by the Act to be

entered in the register:

(a) the name of the agreement;

(b) the parties to the agreement;

(d) the identification number of the conference agreement file kept by the

Registrar under section 10.12 of the Act;

(e) the date of the agreement;

(f) whether the agreement is for a fixed period and, if so, the period;

(g) details of any provisions for renewal or termination of the agreement;

(h) the date on which the agreement was provisionally registered;

(i) the date on which the agreement was finally registered;

(j) a summary of the agreement;

(k) the names of the designated shipper bodies with which the parties to the

agreement are required to negotiate under section 10.29 and 10.41 of the

Act;

(l) where the parties to the agreement have notified the Registrar under

subsection 10.29(2), that fact;

(m) whether agreement has been reached in the negotiations under

section 10.29 of the Act;

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(n) whether the Registrar has directed that any part of the agreement is not to

be open to public inspection and, if so, which part;

(o) whether another conference agreement that varies the agreement has been

made or arrived at and, if so, the name of that other agreement;

(p) the date of any notifications given to the Registrar under subsection 10.40

and 10.43 of the Act in connection with the operation of the agreement;

(q) whether the agreement is an outwards conference agreement or an inwards

conference agreement.

33 Register of designated shipper bodies: prescribed particulars

The following particulars are prescribed in relation to an entry in the register of

designated shipper bodies, as well as any particulars required by the Act to be

entered in the Register:

(a) the name and kind of the designated shipper body;

(b) the date on which the shipper body was designated by the Minister under

section 10.03 of the Act;

(i) the date on which the Registrar nominated the shipper body;

(ii) the name of the conference agreement to which the nomination

relates;

(iii) the provision of the Act under which the nomination was made;

(d) the address of each member of the shipper body;

(e) the telephone and fax numbers, postal address and e-mail address (if any),

of the shipper body;

(f) the name of a contact person for the shipper body.

34 Register of non-conference ocean carriers with substantial market power:

prescribed particulars

The following particulars are prescribed in relation to an entry in the register of

non-conference ocean carriers with substantial market power, as well as any

particulars required by the Act to be entered in the register:

(a) the name of the ocean carrier;

(b) the date on which the ocean carrier was registered under section 10.51 of

the Act as a non-conference ocean carrier with substantial market power;

Commission under section 10.50 or by the Minister by agreement with the

ocean carrier;

(d) if the market power of the ocean carrier was determined by the

Commission, the date and title of the Commission’s report;

(e) the name of each designated shipper body with which the ocean carrier is

to negotiate under subsection 10.52(1);

(f) the trade route on which the ocean carrier has been determined to have

substantial market power.

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35 Register of obligations concerning unfair pricing practices: prescribed

particulars

The following particulars are prescribed in relation to an entry in the register of

obligations concerning unfair pricing practices, as well as any particulars

required by the act to be entered in the register:

(a) the name of the ocean carrier to whom the obligation relates;

(b) whether the obligation was incurred as the result of an order under

subsection 10.61(1) of the Act or an undertaking under subsection 10.64(1)

of the Act;

(d) the date on which the order or undertaking took effect;

(e) a summary of the order or undertaking;

(f) if the obligation was incurred as the result of an order under

subsection 10.61(1) of the Act, the title and date of the report of the

Commission under section 10.63 of the Act.

36 Register of ocean carrier agents: prescribed particulars

The following particulars are prescribed in relation to an entry in the register of

ocean carrier agents, as well as any particulars required by the Act to be entered

in the register:

(a) the telephone and fax numbers, and e-mail address (if any), of the agent;

(b) the date of the agent’s appointment.

37 Loyalty agreements: notifications relating to exemptions: prescribed

particulars

(1) A notification under section 10.21 of the Act must include:

(a) the name and address of the shipper giving the notification;

(b) the name and address of each other party to the loyalty agreement;

notification—a summary of the agreement;

(d) the date from which the agreement took effect;

(e) the date on which the agreement would, but for the notice, come to an end;

(f) the date, being a date not earlier than 30 days after the date of the notice,

from which the shipper no longer wishes the exemptions referred to in

section 10.20 of the Act to apply;

(g) in the case of a notification to an ocean carrier—a copy of the notification

to the Commission under section 10.21 of the Act;

(h) in the case of a notification to the Commission—a copy of the notification

to the ocean carrier.

38 Application for provisional registration of conference agreement

(1) An application under section 10.25 of the Act for the provisional registration of a

conference agreement must:

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(a) be in accordance with Form 1 in Schedule 3; and

(b) be accompanied by a copy of the agreement; and

(2) Where the agreement is partly or wholly oral, the application shall be

accompanied by a written memorandum setting out all the provisions of the

agreement that are oral.

(3) The following particulars are specified for the purposes of Form 1:

(a) the names of the parties to the agreement;

(b) a summary of the agreement, not longer than 100 words;

(d) the period of the agreement;

(e) the trade area covered by the agreement;

(f) if the agreement includes a provision of the kind described in

paragraph 10.08(1)(a) or (b) of the Act that does not deal only with the

matters specified in paragraph 10.08(1)(c) of the Act—the reasons why the

provision is necessary for the effective operation of the agreement and is of

overall benefit:

(i) for an outwards conference agreement, to Australian exporters; or

(ii) for an inwards conference agreement, to Australian importers;

(g) whether there have been:

(i) any variations to the agreement that have not been registered or are

not being registered; or

(ii) any happening of affecting events (as described in section 10.40 of the

Act) that have not been notified to the Registrar;

and, if so, details of the variations or happenings;

(h) for an outwards conference agreement—a statement that the agreement

provides for the application of Australian law, as specified in

subsection 10.06(1) or, where that is not the case, a copy of the Minister’s

agreement referred to in that subsection.

38A Special circumstances for inwards conference agreement

For paragraph 10.28(1)(ba) of the Act, there are taken to be special

circumstances if the inwards conference agreement has provisions that make the

agreement substantially incompatible with the principal objects of Part X of the

Act.

39 Notice about negotiations

(1) For subsection 10.29(1B) of the Act, a notice must be in writing and include:

(a) the title of the conference agreement; and

(b) the date on which the shipper bodies notified, or propose to notify, the

parties to the agreement that they wish to negotiate.

(2) For subsection 10.29(2) of the Act, a notice must be in writing and include:

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(a) the title of the conference agreement; and

(b) the date on which the shipper bodies notified, or propose to notify, the

parties to the agreement that they do not wish to negotiate; and

40 Application for final registration of a conference agreement

(1) An application under section 10.30 of the Act for the final registration of a

conference agreement must:

(a) be in accordance with Form 2 in Schedule 3; and

(b) be accompanied by a copy of the agreement; and

(2) Where the agreement is partly or wholly oral, the application shall be

accompanied by a written memorandum setting out all the provisions of the

agreement that are oral.

(3) The following particulars are specified for the purposes of Form 2:

(a) the names of the parties to the agreement;

(b) a summary of the agreement, not longer than 100 words;

(d) the period of the agreement;

(e) the trade area covered by the agreement;

(f) the names of the designated shipper bodies with which the parties to the

agreement are required to negotiate under section 10.29 of the Act;

(g) whether agreement was reached as a result of the negotiations under

section 10.29 of the Act and details of minimum service levels to be

provided under the agreement;

(h) if the agreement includes a provision of the kind described in

paragraph 10.08(1)(a) or (b) of the Act that does not deal only with the

matters specified in paragraph 10.08(1)(c) of the Act—the reasons why the

provision is necessary for the effective operation of the agreement and is of

overall benefit:

(i) for an outwards conference agreement, to Australian exporters; or

(ii) for an inwards conference agreement, to Australian importers;

(i) whether there have been:

(i) any variations to the agreement that have not been registered or are

not being registered; or

(ii) any happening of affecting events (as described in section 10.40 of the

Act) that have not been notified to the Registrar;

and, if so, details of the variations or happenings;

(j) for an outwards conference agreement—a statement that the agreement

provides for the application of Australian law, as specified in

subsection 10.06(1) of the Act or, where this not the case, a copy of the

Minister’s agreement referred to in that subsection.

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41 Form of abstract

For the purposes of subsection 10.35(2) of the Act, an abstract must be in

accordance with Form 3 in Schedule 3.

42 Notice of the happening of an affecting event

(1) A notice under section 10.40 or 10.43 of the Act of the happening of an affecting

event must:

(a) be in accordance with Form 4 in Schedule 3; and

(b) in the case of a notice under section 10.40 of the Act—be given to the

Registrar as soon as practicable after a party to the conference becomes

aware of the event; and

Registrar within 30 days after a party to the conference agreement becomes

aware of the event.

(2) The following particulars are specified for the purposes of Form 4:

(a) the date of the happening of the event;

(b) whether subparagraph 10.40(1)(b)(i) or (ii) applies to the event;

(d) the effect of the event on the operation of the agreement;

(e) for an outwards conference agreement—the effect of the event on the

provision of outwards liner cargo shipping services;

(f) for an inwards conference agreement—the effect of the event on the

provision of inwards liner cargo shipping services.

43 Undertakings

(1) An offer to give an undertaking under section 10.49, 10.59 or 10.64 of the Act

must be in accordance with Form 5 in Schedule 3.

(2) The following particulars are specified for the purposes of Form 5:

(a) a brief description of the terms of the undertaking;

(b) the trade area or trade route to which the undertaking will relate;

(d) the names of the parties to whom the undertaking will apply;

(e) in the case of an offer under section 10.49:

(i) the name of the registered conference agreement;

(ii) the date of final registration of the agreement;

(f) in the case of an offer under section 10.49 or 10.59 of the Act:

(i) the date and title of the Commission’s report under section 10.46,

10.47, 10.48, 10.56, 10.57 or 10.58 of the Act that led to the offer to

give the undertaking; or

(ii) the date of the reference to the Commission under section 10.46,

10.47 or 10.56 of the Act or the application to the Commission under

section 10.48 or 10.58 of the Act;

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(g) in the case of an offer under section 10.64 of the Act:

(i) the date of the reference to the Commission, and the report, under

section 10.63 of the Act; and

(ii) a statement that if the offer is accepted the ocean carrier will, if asked

by the Registrar, give such information as is necessary to show that

the ocean carrier is complying with the terms of the offer.

44 Application by ocean carrier for registration of agent

(1) An application under section 10.70 of the Act for the registration of an agent

must be in accordance with Form 6 in Schedule 3 and be accompanied by:

(a) a copy of the instrument appointing the agent; and

(b) the prescribed fee.

(2) The following particulars are specified for the purposes of Form 6:

(a) the name of the ocean carrier;

(b) the address of the head office of the ocean carrier;

(d) the name of the proposed agent;

(e) the residential address of the proposed agent;

(f) a business address of the proposed agent that may be used as an address for

service of the ocean carrier.

45 Notice of change of agent etc

(1) A notice under subsection 10.72(1) of the Act must be in accordance with Form

7 of Schedule 3 and be accompanied by a copy of the instrument appointing the

agent.

(2) The following particulars are prescribed for the purposes of Form 7:

(a) the address of the head office of the ocean carrier;

(b) in the case of notice of the revocation of appointment of an agent:

(i) the date from which the revocation is to take effect;

(ii) the address of the agent;

(i) the date from which the appointment is to take effect;

(ii) the name of the new agent;

(iii) the residential address of the new agent;

(iv) a business address of the new agent that may be used as an address for

service of the ocean carrier;

(d) in the case of a notice under paragraph 10.72(1)(c) requesting a variation of

particulars relating to the ocean carrier—details of the particulars to be

varied.

46 Manner of making applications and giving notices

An application may be made, or a notice given, to the Registrar:

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(a) by leaving the application or notice with a person in attendance at the

Registrar’s office; or

(b) by sending the application or notice to the Registrar by registered post or to

an electronic address.

47 Verification of documents

(1) An application required to be made, or a notice to be given, to the Registrar,

other than an application under section 10.70 of the Act or a notice under

subregulation 45(1), must be verified by statutory declaration.

(2) The statutory declaration must be made by:

(a) the person furnishing the particulars in the application or notice; or

(b) a person authorised in writing by that person.

(3) In the case of a varying conference agreement lodged for registration in

consolidated form, the person lodging it must declare that the parties to the

agreement have agreed to the terms of the varying conference agreement in

consolidated form.

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Regulation 48

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Part 4—Anti-competitive disclosure of pricing and other

information

48 Anti-competitive disclosure of pricing and other information—goods and

services to which Division 1A of Part IV of the Act applies (goods and

services)

For subsection 44ZZT(1) of the Act, the table sets out classes of goods or

services to which Division 1A of Part IV of the Act applies.

Item Classes

1 A good or service:

(a) provided by an authorised deposit-taking institution within the meaning of the

Banking Act 1959; and

(b) consisting, to any extent, of taking money on deposit (otherwise than as part-payment

for identified goods or services)

2 A good or service:

(a) provided by an authorised deposit-taking institution within the meaning of the

Banking Act 1959; and

(b) consisting, to any extent, of making advances of money

49 Anti-competitive disclosure of pricing and other information—goods and

services to which Division 1A of Part IV of the Act applies (process)

(1) For subsection 44ZZT(3) of the Act, this regulation sets out a process to be gone

through before regulations are made, for the purpose of subsection 44ZZT(1) of

the Act, prescribing a class of goods or services.

Note: Before the Governor-General makes regulations, for the purpose of

subsection 44ZZT(1), prescribing a class of goods or services, the Minister must be

satisfied that the prescribed process has been complied with. This does not apply to the

first regulations made for the purpose of subsection 44ZZT(1).

(2) Before the Governor-General makes regulations for the purpose of

subsection 44ZZT(1), the Minister must be satisfied that any consultation that is

considered by the Minister to be appropriate and that is reasonably practicable to

undertake, has been undertaken.

(3) In determining whether any consultation that was undertaken is appropriate, the

Minister may have regard to any relevant matter, including the extent to which

the consultation:

(a) drew on the knowledge of persons having expertise in fields relevant to the

proposed regulations; and

(b) ensured that persons likely to be affected by the proposed regulations had

an adequate opportunity to comment on its proposed content.

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(4) Without limiting, by implication, the form that consultation mentioned in

subregulation (2) might take, the consultation could:

(a) involve notification, either directly or by advertisement, of bodies that, or

of organisations representative of persons who, are likely to be affected by

the proposed regulations; or

(b) invite submissions to be made by a specified date; or

regulations.

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Part 5—Authorisations, notifications and clearances in

respect of restrictive trade practices—prescribed

matters

70 Forms for non-merger authorisations and related matters

A form in Part 2 of Schedule 1 mentioned in an item in the table is prescribed for

the provision of the Act and the purpose mentioned in the item.

Item Form in Part 2 of

Schedule 1

Provision Purpose

1 Form A subsection 89(1) Exclusionary provisions and

associated cartel provisions:

application for authorisation

2 Form B subsection 89(1) Agreements affecting

competition or incorporating

related cartel provisions:

application for authorisation

2A Form BA subsection 88(6A) Anti-competitive disclosure

of pricing and other

information: application for

authorisation

3 Form C subsection 89(1) Covenants affecting

competition: application for

authorization

4 Form D subsection 89(1) Secondary boycotts:

application for authorisation

5 Form DA subsection 89(1) Boycott agreements:

application for authorization

6 Form E subsection 89(1) Exclusive dealing:

application for authorization

7 Form EA subsection 89(1) Resale price maintenance:

application for authorisation

8 Form FA subsection 89(1) Application for minor

variation of non-merger

authorisation

9 Form FB subsection 89(1) Application for revocation of

non-merger authorisation

10 Form FC subsection 89(1) Application for revocation of

non-merger authorisation

and substitution of new

application

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Note for item 10: This item does not apply to a revocation and substitution initiated by the

Commission.

71 Forms for exclusive dealing, private disclosure of pricing information and

collective bargaining notifications

A form in Part 3 of Schedule 1 mentioned in an item in the table is prescribed for

the provision of the Act and the purpose mentioned in the item.

Item Form in Part 3 of

Schedule 1

Provision Purpose

1 Form G subsection 93(1A) Notification of exclusive

dealing

1A Form GAA subsection 93(1A) Notification of private

disclosure of pricing

information

2 Form GA subsection 93AB(6) Notification of collective

bargaining

71A Collective bargaining contracts—motor vehicle fuel for retail sale

(1) For subsection 93AB(4) of the Act, the amount of $15 000 000 is prescribed for

a collective bargain for the purchase of motor vehicle fuel for the purpose of sale

to the public.

(2) Subregulation (1) does not apply to the purchase or sale of other products by

convenience stores, repair shops or other business activities that are associated

with, or form part of the business of, a motor vehicle fuel retailer.

71B Collective bargaining contracts—motor vehicles for retail sale

For subsection 93AB(4) of the Act, the amount of $20 000 000 is prescribed for

a collective bargain for the purchase of new motor vehicles for the purpose of

sale to the public.

71C Collective bargaining contracts—farm machinery for retail sale

For subsection 93AB(4) of the Act, the amount of $10 000 000 is prescribed for

a collective bargain for the purchase of farm machinery for the purpose of sale to

the public.

71D Collective bargaining contracts—primary production

(1) For subsection 93AB(4) of the Act, the amount of $5 000 000 is prescribed for a

collective bargain of primary producers for:

(a) the sale of primary products; or

(b) the purchase of inputs used for the production of primary products.

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(2) In this regulation, primary product means:

(a) crops, whether on or attached to the land or not; or

(b) animals (whether dead or alive); or

(d) fruit, vegetables, herbs, edible fungi or nuts.

72 When collective bargaining notice comes into force and ceases to be in force

For paragraph 93AD(1)(a) of the Act, for a collective bargaining notice given

after the commencement of this regulation and before 1 January 2009, the period

is 28 days.

73 Forms for merger authorisation and related matters

(1) A form in Part 5 of Schedule 1 mentioned in an item in the table is prescribed for

the provision of the Act and the purpose mentioned in the item.

Item Form in Part 5 of

Schedule 1

Provision Purpose

1 Form N subsection 88(9) Application for authorisation

of section 50A merger

2 Form O paragraph 95AE(1)(a) Application for merger

clearance

3 Form P paragraph 95AR(2)(a) Application for minor

variation of merger

clearance

4 Form Q paragraph 95AS(2)(a) Application for revocation of

merger clearance

5 Form R paragraph 95AS(2)(a) Application for revocation of

clearance and substitution of

new clearance

6 Form S paragraph 95AV(1)(a) Application for merger

authorisation

7 Form T paragraph 95AZL(2)(a) Application for minor

variation of merger

authorisation

8 Form U paragraph 95AZM(2)(a) Application for revocation of

merger authorisation

9 Form V paragraph 95AZM(2)(a) Application for revocation of

merger authorisation and

substitution of new

authorisation

10 Form W section 111 Application for review a

merger clearance

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Note for items 2, 3, 4, 5, 6, 7, 8 and 9: The forms mentioned in these items contain a

requirement that the applicant make an undertaking under section 87B of the Act that

the applicant will not make the acquisition while the application is being considered by

the Commission or the Tribunal, in accordance with the respective provisions of the

Act as follows:

Form Provision of the Act

Form O subsection 95AE(2)

Form P subsection 95AP(2)

Form Q subsection 95AS(2A)

Form R subsection 95AS(2A)

Form S subsection 95AV(2)

Form T subsection 95AZL(2A)

Form U subsection 95AZM(2A)

Form V subsection 95AZM(2A)

Form W subsection 111(2A)

Note for items 4 and 5: These forms are not required in relation to a revocation and substitution

proposed by the Commission under subsection 95AS(5).

Note for items 8 and 9: These forms are not required in relation to a revocation and substitution

proposed by the Commission under subsection 95AZM(6).

(2) A requirement in a form mentioned in an item in the table in subregulation (1)

that an applicant will not make an acquisition while the application is being

considered by the Commission or the Tribunal, is prescribed or made for the

provision of the Act mentioned in the item.

74 Application for review of Commission’s determination on merger

clearance—time-limit

(1) For subsection 111(1) of the Act, the time allowed for applying to the Tribunal

for a review of a determination is 14 days.

(2) For subsection 111(2) of the Act, the time allowed for applying to the Tribunal

for a review of a determination is 14 days.

75 Waiver of fee for application relating to non-merger authorisation

For subsection 172(2A) of the Act, the circumstance is that the Commission is

satisfied that imposition of the entire fee would impose an unduly onerous

burden on an applicant.

76 Search and Seizure—identity card for inspectors

For paragraph 154C(2)(a) of the Act, an identity card must contain the following

information:

(a) a recent photograph of the inspector to whom the card was issued;

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(b) the name of the inspector;

(d) the Commission corporate logo and the Australian coat of arms;

(e) the following text:

“The person whose name and photograph appear on this card is an inspector of the Commission who:

(a) has been appointed by the Chairperson of the Commission as an Inspector pursuant to section 154B

of the Competition and Consumer Act 2010; and

(b) has been issued with this identity card by the Chairperson of the Commission pursuant to

section 154C of the Competition and Consumer Act 2010.”

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Part 6—Australian Consumer Law

77 Prescribed requirements for definition of assert a right to payment

For paragraph 10(1)(e) of the Australian Consumer Law, the following

requirements are prescribed:

(a) the statement must include the text ‘This is not a bill. You are not required

to pay any money.’;

(b) the text must be the most prominent text in the document.

78 Prescribed requirements for warning statements

For paragraphs 40(3)(b) and 43(2)(b) of the Australian Consumer Law, the

following requirements are prescribed:

(a) the warning statement must include the text ‘This is not a bill. You are not

required to pay any money.’;

(b) the text must be the most prominent text in the document.

79 Specification of body

For paragraph 43(3)(a) of the Australian Consumer Law, the Audit Bureau of

Circulations is specified.

80 Specification of person

For paragraph 43(3)(d) of the Australian Consumer Law, a person mentioned in

paragraph (a), (b), (c) or (d) is specified if the person has not been found guilty

of an offence under section 162 of the Australian Consumer Law:

(a) a large proprietary company; or

(b) a subsidiary of a large proprietary company; or

(d) a subsidiary of a listed corporation.

80A Single price does not apply to surcharges on food or beverage in restaurants

(1) This regulation is made for paragraphs 48(4A)(a) and (b) of the Australian

Consumer Law.

Class of representations

(2) A class of representations is representations that:

(a) are made on the menu of a restaurant; and

(b) refer to the imposition of a surcharge on the consideration for the supply of

food or beverage by the restaurant on a specified day or days.

(3) Subregulation (2) applies whether or not the menu:

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(a) identifies the food or beverage; and

(b) displays the consideration for the supply of food or beverage.

Conditions in relation to a representation in the class

(4) The representation must include the words “a surcharge of [percentage] applies

on [the specified day or days]”.

(5) The representation must be transparent.

(6) The representation must be displayed at least as prominently as the most

prominent display on the menu of the following:

(a) the consideration for the supply of food or beverage;

(b) a fee or surcharge relating to the supply of food or beverage.

(7) However, if the menu does not display the consideration for the supply of food or

beverage, and does not display any other fee or surcharge relating to the supply

of food or beverage, the representation must be displayed in a way that is

conspicuous and visible to a reader.

(8) In this regulation:

restaurant:

(a) means a business, service or arrangement:

(i) in which food or beverage is sold to customers; and

(ii) of a kind commonly known as a restaurant, cafe, bistro or any similar

term; and

(b) does not include a business, service or arrangement by which food or

beverage is provided or delivered to customers in the expectation of

consumption at a later time; and

groceries.

Example 1: Other examples for paragraph (a) are:

(a) a shop selling takeaway food; and

(b) a business that supplies food, ordered for immediate consumption, by home delivery only.

Example 2: An example for paragraph (b) is a business that delivers prepared meals as part of a diet

or health program.

Example 3: An example for paragraph (c) is the home delivery service of a supermarket.

81 Agreements that are not unsolicited consumer agreements—general

(1) For subsection 69(4) of the Australian Consumer Law, the following kinds of

agreement are not unsolicited consumer agreements:

(a) a business contract;

(b) a discontinued negotiations agreement;

. (c) an agreement made in the course of a party plan event;

(d) a renewable agreement of the same kind;

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(e) a subsequent agreement of the same kind.

(2) In this regulation:

business contract means an agreement for the supply of goods or services not of

a kind ordinarily acquired for personal, domestic or household use or

consumption.

discontinued negotiations agreement means an agreement made as a result of:

(a) a consumer for an unsolicited consumer agreement discontinuing

negotiations with the supplier for the unsolicited consumer agreement; and

(b) the consumer subsequently initiating negotiations with the supplier for the

unsolicited consumer agreement.

invitation, for a party plan event, means:

(a) an express statement that the persons invited to attend the party plan event

are invited to the event for the purpose of negotiating for the supply of

goods or services to 1 or more of the persons; or

(b) an implied statement that a reasonable consumer would understand to be an

invitation to attend the party plan event for the purpose of negotiating for

the supply of goods or services to 1 or more persons.

inviter, for a party plan event, means the person who invites another person to

the party plan event.

party plan event means an event for which the following circumstances exist:

(a) the purpose of the event is to negotiate for:

(i) the supply of goods or services to 1 or more persons; or

(ii) the supply of goods and services to 1 or more persons;

(b) before the event, the inviter for the party plan event invites 3 or more

persons to attend the party plan event;

party plan event or a representative of the inviter for the party plan event.

renewable agreement of the same kind means an agreement made in the

following circumstances:

(a) a consumer and a supplier are parties to an agreement, for the supply of

goods or services, that is in force;

(b) the consumer and supplier enter into another agreement for the supply of

goods or services that are of the same kind as the goods or services

supplied under the existing contract.

subsequent agreement of the same kind means an agreement made in the

following circumstances:

(a) a consumer and a supplier are parties to an agreement for the supply of

goods or services;

(b) the goods or services are supplied;

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(i) the consumer and supplier enter into 1 or more other agreements for

the supply of goods or services of the same kind as the goods or

services supplied under the agreement; and

(ii) the total value of the other agreements is an amount of $500 or less.

82 Information relating to identity of dealer

For paragraph 74(c) of the Australian Consumer Law, the following information

is prescribed:

(a) the dealer’s name;

(b) if the dealer is the supplier of the goods or services about which the dealer

proposes to negotiate—the dealer’s address;

dealer proposes to negotiate—the supplier’s name and address (not being a

post office box).

83 Information about termination period

For subparagraph 76(a)(iii) of the Australian Consumer Law, information about

the prohibition in section 86 of the Australian Consumer Law is prescribed.

Note: Section 86 of the Australian Consumer Law prohibits the supplier of an unsolicited

consumer agreement from supplying goods or services under the agreement, accepting

or requiring payment or any other consideration for those goods or services during a

period of 10 business days starting:

(a) if the agreement was not negotiated by telephone—at the start of the first business day after the day on which the agreement was made; or

(b) if the agreement was negotiated by telephone—at the start of the first business day after the day on which the consumer was given the agreement document relating to the agreement.

84 Form and way of giving information about termination period

For paragraph 76(d) of the Australian Consumer Law, information given in

writing must be:

(a) attached to the agreement or agreement document for the supply of goods

or services; and

(b) transparent; and

setting out the dealer’s or supplier’s name or logo.

85 Information for front page of agreement or agreement document

For subparagraph 79(b)(ii) of the Australian Consumer Law, the following

information is prescribed:

(a) the text ‘Important Notice to the Consumer’;

(b) the text ‘You have a right to cancel this agreement within 10 business days

from and including the day after you signed or received this agreement’;

set out in the information attached to this agreement’.

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86 Requirements for front page of agreement

For subparagraph 79(b)(iii) of the Australian Consumer Law, the following

requirements are prescribed:

(a) the front page of the agreement must be signed by the consumer;

(b) the front page of the agreement must include the day on which the

consumer signed the document.

87 Requirements for notice accompanying agreement or agreement document

For subparagraph 79(c)(ii) of the Australian Consumer Law, the requirement that

the notice be in the approved form is prescribed.

88 Application of Division 2, Part 3-2 of Australian Consumer Law to

emergency repair contract

(1) For paragraph 94(a) of the Australian Consumer Law, the following provisions

of the Australian Consumer Law do not apply in relation to the circumstances

specified in subregulation (2):

(a) section 76;

(b) paragraph 79(c);

(d) paragraph 82(3)(b);

(e) paragraph 82(3)(d);

(f) section 86;

(g) section 173;

(h) paragraph 175(1)(c);

(i) section 179.

(2) For subregulation (1), the circumstances are:

(a) that as a result of an earthquake, fire, flood, storm or similar event a state

of emergency has been declared under a law of the Commonwealth, a State

or a Territory for an area in which a person’s property is located; and

(b) the person enters into an agreement (an emergency repair contract) with a

supplier of goods or services for urgent work to be undertaken to:

(i) rectify a hazard or potential hazard on the person’s property; or

(ii) protect the health and safety of persons on the person’s property; or

(iii) prevent substantial damage to the person’s property; and

person’s property is located, the supplier of goods or services under the

emergency repair contract is required to hold a licence that is in force and

the supplier holds the licence.

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89 Application of Division 2, Part 3-2 of Australian Consumer Law to particular

unsolicited consumer agreement

(1) For paragraph 94(b) of the Australian Consumer Law, section 86 of the

Australian Consumer Law does not apply in relation to an unsolicited consumer

agreement to which the circumstances mentioned in subregulation (2) apply.

(2) For subregulation (1), the circumstances are that the unsolicited agreement is for

the supply of an electricity or gas service from a supplier to a premises and the

service:

(a) is not connected to the premises; or

(b) is connected to the premises and no electricity or gas is being supplied to

the premises by the supplier.

90 Requirements for warranties against defects

(1) For subsection 102(1) of the Australian Consumer Law, the following

requirements are prescribed:

(a) a warranty against defects must be in a document that is transparent;

(b) a warranty against defects must concisely state:

(i) what the person who gives the warranty must do so that the warranty

may be honoured; and

(ii) what the consumer must do to entitle the consumer to claim the

warranty;

subregulation (2);

(d) a warranty against defects must prominently state the following

information about the person who gives the warranty;

(i) the person’s name;

(ii) the person’s business address;

(iii) the person’s telephone number;

(iv) the person’s email address (if any);

(e) a warranty against defects must state the period or periods within which a

defect in the goods or services to which the warranty relates must appear if

the consumer is to be entitled to claim the warranty;

(f) a warranty against defects must set out the procedure for the consumer to

claim the warranty including the address to which a claim may be sent;

(g) a warranty against defects must state who will bear the expense of claiming

the warranty and if the expense is to be borne by the person who gives the

warranty—how the consumer can claim expenses incurred in making the

claim;

(h) a warranty against defects must state that the benefits to the consumer

given by the warranty are in addition to other rights and remedies of the

consumer under a law in relation to the goods or services to which the

warranty relates.

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(2) For paragraph (1)(c), the text is ‘Our goods come with guarantees that cannot be

excluded under the Australian Consumer Law. You are entitled to a replacement

or refund for a major failure and compensation for any other reasonably

foreseeable loss or damage. You are also entitled to have the goods repaired or

replaced if the goods fail to be of acceptable quality and the failure does not

amount to a major failure’.

91 Requirement for notice relating to repair of goods

(1) For subsection 103(1) of the Australian Consumer Law, the following

requirements are prescribed:

(a) if the notice relates to the repair of goods that are capable of retaining

user-generated data, the notice must state that repair of the goods may

result in loss of the data;

(b) the notice must include the text mentioned in subregulation (2) if it is the

practice of a repairer of goods:

(i) to supply refurbished goods as an alternative to repairing a

consumer’s defective goods; or

(ii) to use refurbished parts in the repair of a consumer’s defective goods.

(2) For paragraph (1)(b), the text is ‘Goods presented for repair may be replaced by

refurbished goods of the same type rather than being repaired. Refurbished parts

may be used to repair the goods.’.

(3) In this regulation:

User-generated data means any data stored on goods.

Examples

1 Files stored on a computer hard drive.

2 Telephone numbers stored on a mobile telephone.

3 Songs stored on a portable media player.

4 Games saved on a games console.

5 Files stored on a USB memory stick.

92 Laws specified for supplier reports about consumer goods associated with

death, serious injury or illness of any person

For paragraphs 131(2)(c) and 132(2)(c) of the Australian Consumer Law, a law

of the Commonwealth, a State or a Territory mentioned in an item of the

following table is specified.

Item Law of the Commonwealth, a State or a Territory

1 Agricultural and Veterinary Chemicals Act 1994 (Cth)

2 National Health Security Act 2007 (Cth)

3 Therapeutic Goods Act 1989 (Cth)

4 Coroners Act 2009 (NSW)

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Item Law of the Commonwealth, a State or a Territory

5 Public Health Act 1991 (NSW)

6 Road Transport (Safety and Traffic Management) Act 1999 (NSW)

7 Coroners Act 2008 (Vic)

8 Public Health and Wellbeing Act 2008 (Vic)

9 Road Safety Act 1986 (Vic)

10 Coroners Act 2003 (Qld)

11 Motor Accident Insurance Act 1994 (Qld)

12 Public Health Act 2005 (Qld)

13 Transport Operations (Road Use Management — Road Rules) Regulation 2009 (Qld)

14 Coroners Act 1996 (WA)

15 Food Regulations 2009 (WA)

16 Health Act 1911 (WA)

17 Road Traffic Act 1974 (WA)

18 Coroners Act 2003 (SA)

19 Public and Environmental Health Act 1987 (SA)

20 Road Traffic Act 1961 (SA)

21 Coroners Act 1995 (Tas)

22 Public Health Act 1997 (Tas)

23 Traffic Act 1925 (Tas)

24 Coroners Act 1997 (ACT)

25 Public Health Act 1997 (ACT)

26 Road Transport (Safety and Traffic Management) Act 1999 (ACT)

27 Coroners Act (NT)

28 Notifiable Diseases Act (NT)

29 Traffic Act (NT)

30 Regulations made under an Act mentioned in items 1 to 12, 14 and 16 to 29

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Part 7—Transitional matters—Australian Consumer Law

93 Saving State or Territory laws for compliance with regulation 82 and

regulations 83 to 87—1 January 2011 to 30 June 2011

(1) This regulation is made for item 12 of Schedule 7 to the Trade Practices

Amendment (Australian Consumer Law) Act (No. 2) 2010 and applies in the

period starting on 1 January 2011 and ending on 30 June 2011.

(2) Despite the repeal of the provisions mentioned in column 3 of the following

table, a dealer or supplier who deals with or supplies goods or services in a State

or Territory mentioned in an item of the table, is taken to have complied with

regulation 82 if the dealer or supplier complies with the law of the State or

Territory mentioned in column 3 of the item.

Item State or Territory Law of the State or Territory

1 New South Wales Section 40J of the Fair Trading Act 1987 (NSW)

2 Victoria Section 62D of the Fair Trading Act 1999 (Vic)

3 Queensland Section 64 of the Fair Trading Act 1989 (Qld)

4 Western Australia Section 11 of the Door to Door Trading Act 1987 (WA)

5 South Australia Section 20 of the Fair Trading Act 1987 (SA) as amended by the

Fair Trading (Telemarketing) Amendment Act 2009 (SA)

6 Tasmania Section 11 of the Door to Door Trading Act 1986 (Tas)

7 Australian Capital

Territory

Section 10 of the Door-to-Door Trading Act 1991 (ACT)

8 Northern Territory Section 104 of the Consumer Affairs and Fair Trading Act (NT)

(3) Despite the repeal of the provisions mentioned in column 3 of the following

table, a dealer or supplier who deals with or supplies goods or services in a State

or Territory mentioned in an item of the table, is taken to have complied with

regulations 83 to 87 if the dealer or supplier complies with the law of the State or

Territory mentioned in column 3 of the item.

Item State or Territory Law of the State or Territory

1 New South Wales Section 40D of the Fair Trading Act 1987 (NSW)

2 Victoria Section 61, 67E or 69 of the Fair Trading Act 1999 (Vic)

3 Queensland Section 61 of the Fair Trading Act 1989 (Qld)

4 Western Australia Section 7 of the Door to Door Trading Act 1987 (WA)

5 South Australia Section 17 of the Fair Trading Act 1987 (SA) as amended by the

Fair Trading (Telemarketing) Amendment Act 2009 (SA)

6 Tasmania Section 7 of the Door to Door Trading Act 1986 (Tas)

7 Australian Capital

Territory

Section 7 of the Door-to-Door Trading Act 1991 (ACT)

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Item State or Territory Law of the State or Territory

8 Northern Territory Section 101 of the Consumer Affairs and Fair Trading Act (NT)

94 Application of section 86 of Australian Consumer Law—1 January 2011 to

31 December 2011

(1) For item 12 of Schedule 7 to the Trade Practices Amendment (Australian

Consumer Law) Act (No. 2) 2010 and paragraph 94(b) of the Australian

Consumer Law, the application, savings or transitional matter in

subregulation (2):

(a) is prescribed; and

(b) applies during the period starting on 1 January 2011 and ending on

31 December 2011.

(2) For subregulation (1) and despite the repeal of a relevant State or Territory law,

sections 86 and 179 and subparagraphs 76(a)(iii) and 173(1)(a)(iii) of the

Australian Consumer Law do not apply to a dealer or supplier in a State or

Territory if the dealer or supplier:

(a) deals with or supplies goods or services in the State or Territory; and

(b) complies with the relevant State or Territory law for the dealer or supplier.

(3) In this regulation a relevant State or Territory law means:

(a) if the dealer or supplier deals with or supplies goods or services in New

South Wales—section 40H of the Fair Trading Act 1987 (NSW); and

(b) if the dealer or supplier deals with or supplies goods or services in

Victoria—section 80 of the Fair Trading Act 1999 (Vic); and

Queensland—section 62 of the Fair Trading Act 1989 (Qld); and

(d) if the dealer or supplier deals with or supplies goods or services in Western

Australia—section 8 of the Door to Door Trading Act 1987 (WA); and

(e) if the dealer or supplier deals with or supplies goods or services in South

Australia—section 18 of the Fair Trading Act 1987 (SA) as amended by

the Fair Trading (Telemarketing) Amendment Act 2009 (SA); and

(f) if the dealer or supplier deals with or supplies goods or services in

Tasmania—section 8 of the Door to Door Trading Act 1986 (Tas); and

(g) if the dealer or supplier deals with or supplies goods or services in the

Australian Capital Territory—section 8 of the Door-to-Door Trading Act

1991 (ACT); and

(h) if the dealer or supplier deals with or supplies goods or services in the

Northern Territory—section 102 of the Consumer Affairs and Fair Trading

Act (NT).

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95 Application of paragraph 86(1)(a) of Australian Consumer Law

For paragraph 94(a) of the Australian Consumer Law, paragraph 86(1)(a) of the

Australian Consumer Law does not apply to the supply of goods to a consumer

under an unsolicited consumer agreement if the total price payable for the goods

under the agreement is $500 or less.

Note: This regulation does not apply in relation to the supply of services under the agreement.

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Schedule 1—Forms—General (subregulation 2(2))

Part 1—Forms—General

Form AA Summons to witness: Australian Competition and Consumer Commission (regulation 6E)

Commonwealth of Australia

Competition and Consumer Act 2010

Summons to witness: Australian Competition and Consumer Commission

(Title of matter)

To (full name and address of witness)

You are summoned to attend before the Australian Competition and Consumer

Commission, for an arbitration hearing in this matter, on (date), at (time), and then from day

to day until the hearing is completed or until you are released from further attendance.

2. You are required to attend before the Commission for the purpose of giving evidence at

the hearing.

* 3. You are required to bring with you and produce the following documents:

(specify the documents required).

Dated 19 .

Chairperson (or Deputy

Chairperson or Member) of the

Australian Competition and Consumer Commission *Insert if applicable

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Part 2—Forms—non-merger authorisation, minor variation,

revocation, and revocation and substitution

Form A Exclusionary provisions and associated cartel provisions: application for authorisation

(regulation 70)

Form A

Commonwealth of Australia

Competition and Consumer Act 2010—subsections 88(1A) and (1)

EXCLUSIONARY PROVISIONS AND

ASSOCIATED CARTEL PROVISIONS:

APPLICATION FOR AUTHORISATION

To the Australian Competition and Consumer Commission:

Application is hereby made under subsection(s) 88(1A)/88(1) of the Competition and

Consumer Act 2010 for an authorisation:

 to make a contract or arrangement, or arrive at an understanding, a provision of which

would be, or might be, a cartel provision within the meaning of Division 1 of Part IV

of that Act and which would also be, or might also be, an exclusionary provision

within the meaning of section 45 of that Act.

 to give effect to a provision of a contract, arrangement or understanding that is, or

may be, a cartel provision within the meaning of Division 1 of Part IV of that Act and

which is also, or may also be, an exclusionary provision within the meaning of

section 45 of that Act.

 to make a contract or arrangement, or arrive at an understanding, where a provision of

the proposed contract, arrangement or understanding would be, or might be, an

exclusionary provision within the meaning of section 45 of that Act.

 to give effect to a provision of a contract, arrangement or understanding where the

provision is, or may be, an exclusionary provision within the meaning of section 45 of

that Act.

(Strike out whichever is not applicable)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

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1. Applicant

(a) Name of Applicant: (Refer to direction 2)

.....................................................................................................................................

.........

(b) Description of business carried on by applicant: (Refer to direction 3)

.....................................................................................................................................

.........

.....................................................................................................................................

.........

(d) Electronic address for service of documents on the applicant (this is optional and does not replace the need to provide an address in Australia at paragraph (c)):

.....................................................................................................................................

.........

2. Contract, arrangement or understanding

(a) Description of the contract, arrangement or understanding, whether proposed or actual, for which authorisation is sought: (Refer to direction 4)

.....................................................................................................................................

.........

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(b) Description of those provisions of the contract, arrangement or understanding described at 2(a) that are, or would or might be, exclusionary provisions and (if applicable) are, or would or might be, cartel provisions: (Refer to direction 4)

.....................................................................................................................................

.........

(c) Description of the goods or services to which the contract, arrangement or understanding (whether proposed or actual) relate:

.....................................................................................................................................

.........

(d) The term for which authorisation of the provision of the contract, arrangement or understanding (whether proposed or actual) is being sought and grounds supporting this period of authorisation:

.....................................................................................................................................

.........

3. Parties to the proposed arrangement

(a) Names, addresses and descriptions of business carried on by other parties or proposed parties to the contract or proposed contract, arrangement or understanding:

.....................................................................................................................................

.........

(b) Names, addresses and descriptions of business carried on by parties and other persons on whose behalf this application is made: (Refer to direction 5)

.....................................................................................................................................

.........

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4. Public benefit claims

(a) Arguments in support of application for authorisation: (Refer to direction 6)

.....................................................................................................................................

.........

(b) Facts and evidence relied upon in support of these claims:

.....................................................................................................................................

...............................................................................................................

5. Market definition

Provide a description of the market(s) in which the goods or services described at 2(c) are supplied or acquired and other affected markets including: significant suppliers and acquirers; substitutes available for the relevant goods or services; any restriction on the supply or acquisition of the relevant goods or services (for example geographic or legal restrictions): (Refer to direction 7)

.....................................................................................................................................

...............................................................................................................

6. Public detriments

(a) Detriments to the public resulting or likely to result from the contract arrangement or understanding for which authorisation is sought, in particular the likely effect of the contract arrangement or understanding, on the prices of the goods or services described at 2(c) and the prices of goods or services in other affected markets: (Refer to direction 8)

.....................................................................................................................................

...............................................................................................................

(b) Facts and evidence relevant to these detriments:

.....................................................................................................................................

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.....................................................................................................................................

...............................................................................................................

7. Contracts, arrangements or understandings in similar terms

(a) This application for authorisation may also be expressed to be made in relation to other contracts, arrangements or understandings or proposed contracts, arrangements or understandings, that are or will be in similar terms to the abovementioned contract, arrangement or understanding:

(b) Is this application to be so expressed?

......................................................................................................

(i) description of any variations between the contract, arrangement or understanding for which authorisation is sought and those contracts, arrangements or understandings that are stated to be in similar terms: (Refer to direction 9)

.....................................................................................................................................

.........

(ii) Where the parties to the similar term contract(s) are known—names, addresses and descriptions of business carried on by those other parties: (Refer to direction 10)

.....................................................................................................................................

.........

(iii) Where the parties to the similar term contract(s) are not known—description of the class of business carried on by those possible parties:

.....................................................................................................................................

...............................................................................................................

8. Joint Ventures

(a) Does this application deal with a matter relating to a joint venture (See section 4J of the Competition and Consumer Act 2010)?

......................................................................................................

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(b) If so, are any other applications being made simultaneously with this application in relation to that joint venture?

.....................................................................................................................................

.......................................................................

.....................................................................................................................................

.......................................................................

9. Further information

(a) Name, postal address and telephone contact details of the person authorised by the applicant seeking authorisation to provide additional information in relation to this application:

.....................................................................................................................................

.........

Dated......................................................................

Signed by/on behalf of the applicant

................................................................................

(Signature)

................................................................................

(Full Name)

................................................................................

(Organisation)

................................................................................

(Position in organisation)

DIRECTIONS

1. Use Form A if the contract, arrangement or understanding includes a provision which is, or might be, a cartel provision and which is also, or might also be, an exclusionary provision. Use Form B if the contract, arrangement or understanding includes a provision which is, or might be, a cartel provision or a provision which would have the purpose, or would or might have the effect, of substantially lessening competition. It may be necessary to use both forms for the same contract, arrangement or understanding.

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In lodging this form, applicants must include all information, including supporting evidence, that they wish the Commission to take into account in assessing their application for authorisation.

Where there is insufficient space on this form to furnish the required information, the information is to be shown on separate sheets, numbered consecutively and signed by or on behalf of the applicant.

3. Describe that part of the applicant’s business relating to the subject matter of the contract, arrangement or understanding in respect of which authorisation is sought.

4. Provide details of the contract, arrangement or understanding (whether proposed or actual) in respect of which the authorisation is sought. Provide details of those provisions of the contract, arrangement or understanding that are, or would or might be, exclusionary provisions. Provide details of those provisions of the contract, arrangement or understanding that are, or would or might be, cartel provisions.

In providing these details:

(a) to the extent that any of the details have been reduced to writing, provide a true copy of the writing; and

(b) to the extent that any of the details have not been reduced to writing, provide a full and correct description of the particulars that have not been reduced to writing.

5. Where authorisation is sought on behalf of other parties provide details of each of those parties including names, addresses, descriptions of the business activities engaged in relating to the subject matter of the authorisation, and evidence of the party’s consent to authorisation being sought on their behalf.

6. Provide details of those public benefits claimed to result or to be likely to result from the proposed contract, arrangement or understanding including quantification of those benefits where possible.

7. Provide details of the market(s) likely to be effected by the contract, arrangement or understanding in particular having regard to goods or services that may be substitutes for the good or service that is the subject matter of the application for authorisation.

8. Provide details of the detriments to the public, including those resulting from any lessening of competition, which may result from the proposed contract, arrangement or understanding. Provide quantification of those detriments where possible.

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9. Where the application is made also in respect of other contracts, arrangements or understandings, which are or will be in similar terms to the contract, arrangement or understanding referred to in item 2, furnish with the application details of the manner in which those contracts, arrangements or understandings vary in their terms from the contract, arrangements or understanding referred to in item 2.

10. Where authorisation is sought on behalf of other parties provide details of each of those parties including names, addresses, and descriptions of the business activities engaged in relating to the subject matter of the authorisation, and evidence of the party’s consent to authorisation being sought on their behalf.

11. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

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Form B Agreements affecting competition or incorporating related cartel provisions: application for authorisation

(regulation 70)

Form B

Commonwealth of Australia

Competition and Consumer Act 2010—subsections 88(1A) and (1)

AGREEMENTS AFFECTING COMPETITION OR

INCORPORATING RELATED CARTEL PROVISIONS:

APPLICATION FOR AUTHORISATION

To the Australian Competition and Consumer Commission:

Application is hereby made under subsection(s) 88(1A)/88(1) of the Competition and

Consumer Act 2010 for an authorisation:

 to make a contract or arrangement, or arrive at an understanding, a provision of which

would be, or might be, a cartel provision within the meaning of Division 1 of Part IV

of that Act (other than a provision which would also be, or might also be, an

exclusionary provision within the meaning of section 45 of that Act).

 to give effect to a provision of a contract, arrangement or understanding that is, or

may be, a cartel provision within the meaning of Division 1 of Part IV of that Act

(other than a provision which is also, or may also be, an exclusionary provision

within the meaning of section 45 of that Act).

 to make a contract or arrangement, or arrive at an understanding, a provision of which

would have the purpose, or would or might have the effect, of substantially lessening

competition within the meaning of section 45 of that Act.

 to give effect to a provision of a contract, arrangement or understanding which

provision has the purpose, or has or may have the effect, of substantially lessening

competition within the meaning of section 45 of that Act.

(Strike out whichever is not applicable)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

1. Applicant

(a) Name of Applicant: (Refer to direction 2)

.....................................................................................................................................

........................................

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(b) Short description of business carried on by applicant: (Refer to direction 3)

.....................................................................................................................................

.........

.....................................................................................................................................

.........

(d) Electronic address for service of documents on the applicant (this is optional and does not replace the need to provide an address in Australia at paragraph (c)):

.....................................................................................................................................

.........

2. Contract, arrangement or understanding

(a) Description of the contract, arrangement or understanding, whether proposed or actual, for which authorisation is sought: (Refer to direction 4)

.....................................................................................................................................

.........

(b) Description of those provisions of the contract, arrangement or understanding described at 2(a) that are, or would or might be, cartel provisions, or that do, or would or might, have the effect of substantially lessening competition: (Refer to direction 4)

.....................................................................................................................................

.........

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(c) Description of the goods or services to which the contract, arrangement or understanding (whether proposed or actual) relate:

.....................................................................................................................................

.........

(d) The term for which authorisation of the contract, arrangement or understanding (whether proposed or actual) is being sought and grounds supporting this period of authorisation:

.....................................................................................................................................

.........

3. Parties to the proposed arrangement

(a) Names, addresses and descriptions of business carried on by other parties or proposed parties to the contract or proposed contract, arrangement or understanding:

.....................................................................................................................................

.........

(b) Names, addresses and descriptions of business carried on by parties and other persons on whose behalf this application is made: (Refer to direction 5)

.....................................................................................................................................

.........

4. Public benefit claims

(a) Arguments in support of authorisation: (Refer to direction 6)

.....................................................................................................................................

...............................................................................................................

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(b) Facts and evidence relied upon in support of these claims:

.....................................................................................................................................

...............................................................................................................

5. Market definition

.....................................................................................................................................

...............................................................................................................

6. Public detriments

(a) Detriments to the public resulting or likely to result from the authorisation, in particular the likely effect of the contract, arrangement or understanding, on the prices of the goods or services described at 2(c) and the prices of goods or services in other affected markets: (Refer to direction 8)

.....................................................................................................................................

...............................................................................................................

(b) Facts and evidence relevant to these detriments:

.....................................................................................................................................

...............................................................................................................

7. Contract, arrangements or understandings in similar terms

This application for authorisation may also be expressed to be made in relation to

other contracts, arrangements or understandings or proposed contracts,

arrangements or understandings, that are or will be in similar terms to the

abovementioned contract, arrangement or understanding.

(a) Is this application to be so expressed?

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......................................................................................................

(b) If so, the following information is to be furnished:

.....................................................................................................................................

...............................................................................................................

(ii) Where the parties to the similar term contract(s) are known—names, addresses and descriptions of business carried on by those other parties:

.....................................................................................................................................

...............................................................................................................

(iii) Where the parties to the similar term contract(s) are not known—description of the class of business carried on by those possible parties:

.....................................................................................................................................

...............................................................................................................

8. Joint Ventures

(a) Does this application deal with a matter relating to a joint venture (See section 4J of the Competition and Consumer Act 2010)?

......................................................................................................

(b) If so, are any other applications being made simultaneously with this application in relation to that joint venture?

.....................................................................................................................................

...............................................................................................................

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.....................................................................................................................................

...............................................................................................................

9. Further information

(a) Name and address of person authorised by the applicant to provide additional information in relation to this application:

.....................................................................................................................................

...............................................................................................................

Dated........................................................

Signed by/on behalf of the applicant

.............................................................................

(Signature)

.............................................................................

(Full Name)

.............................................................................

(Position in Organisation)

DIRECTIONS

In lodging this form, applicants must include all information, including supporting evidence, that they wish the Commission to take into account in assessing the application for authorisation.

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3. Describe that part of the applicant’s business relating to the subject matter of the contract, arrangement or understanding in respect of which the application is made.

4. Provide details of the contract, arrangement or understanding (whether proposed or actual) in respect of which the authorisation is sought. Provide details of those provisions of the contract, arrangement or understanding that are, or would or might be, cartel provisions. Provide details of those provisions of the contract, arrangement or understanding that do, or would or might, substantially lessen competition.

In providing these details:

(a) to the extent that any of the details have been reduced to writing, provide a true copy of the writing; and

(b) to the extent that any of the details have not been reduced to writing, provide a full and correct description of the particulars that have not been reduced to writing.

7. Provide details of the market(s) likely to be effected by the contract, arrangement or understanding, in particular having regard to goods or services that may be substitutes for the good or service that is the subject matter of the authorisation.

8. Provide details of the detriments to the public which may result from the proposed contract, arrangement or understanding including quantification of those detriments where possible.

10. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

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Form BA Anti-competitive disclosure of pricing and other information: application for authorisation

(regulation 70)

Form BA

Commonwealth of Australia

Competition and Consumer Act 2010—subsection 88(6A)

ANTI-COMPETITIVE DISCLOSURE OF PRICING AND OTHER

INFORMATION:

APPLICATION FOR AUTHORISATION

In lodging this form, applicants must include all information, including supporting evidence, that they wish the Commission to take into account in assessing their application for authorisation.

To the Australian Competition and Consumer Commission:

Application is hereby made under subsection 88(6A) of the Competition and Consumer Act

2010 for an authorisation:

 to make a disclosure of information to which section 44ZZW of that Act would or

might apply.

 to make a disclosure of information to which section 44ZZX of that Act would or

might apply.

(Strike out if not applicable)

(Refer to direction 1)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

1. Applicant

(a) Name of applicant: (Refer to direction 2)

(b) Description of business carried on by applicant: (Refer to direction 3)

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(d) Electronic address for service of documents on the applicant (this is optional and does not replace the need to provide an address in Australia at paragraph (c)):

2. Application lodged on behalf of

Names, addresses and descriptions of business carried on by parties and other persons on whose behalf this application is made: (Refer to direction 4)

3. Proposed disclosure

(a) General description of the proposed disclosure for which authorisation is sought: (Refer to direction 5)

(b) Description of the goods or services to which the disclosure relates:

(c) The term for which authorisation of the disclosure is being sought and grounds supporting this period of authorisation:

4. Likely or proposed recipient(s) of the disclosure

(a) Class or classes of recipients: (Refer to direction 6)

(b) Number of those recipients:

5. Similar disclosures of information

(a) Is this application for authorisation expressed to be made in relation to other disclosures that will be similar to the abovementioned disclosure?

(b) If so, the following information is to be furnished:

(i) description of any variations between the disclosure for which authorisation is sought and those similar disclosures of information: (Refer to direction 8)

(ii) where the recipient(s) to the similar disclosures is known—names, addresses and descriptions of business carried on by those other parties: (Refer to direction 9)

(iii) where the recipient(s) to the similar disclosures is not known— description of the class of business carried on by those possible parties:

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6. Market definition

Provide a description of the market(s) in which the goods or services described at 3(b) are supplied or acquired and other affected markets including: significant suppliers and acquirers; substitutes available for the relevant goods or services; any restriction on the supply or acquisition of the relevant goods or services (for example geographic or legal restrictions): (Refer to direction 10)

7. Public benefit claims

(a) Arguments in support of application for authorisation: (Refer to direction 11)

(b) Facts and evidence relied upon in support of these claims:

8. Public detriments

(a) Detriments to the public resulting or likely to result from the disclosure for which authorisation is sought, in particular the result of the disclosure on the prices of the goods or services described at 3(b) and the prices of goods or services in other affected markets: (Refer to direction 12)

(b) Facts and evidence relevant to these detriments:

9. Further information

(a) Name, postal address and telephone contact details of the person authorised by the applicant seeking authorisation to provide additional information in relation to this application:

Dated

Signed by/on behalf of the applicant

(Signature)

(Full Name)

(Organisation)

(Position in organisation)

DIRECTIONS

1. Use Form B if the disclosure might constitute part of a contract, arrangement or understanding which includes a provision which:

(a) might be a cartel provision; or

(b) is likely to have the purpose, or might have the effect, of substantially lessening competition.

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2. Where the application is made by or on behalf of a business, the name of the business is to be inserted in item 1(a), not the name of the person signing the application and the application is to be signed by a person authorised by the business to do so.

3. Describe that part of the applicant’s business relating to the subject matter of the disclosure in respect of which authorisation is sought.

4. Where authorisation is sought on behalf of other parties provide details of each of those parties including names, addresses, descriptions of the business activities engaged in relating to the subject matter of the authorisation, and evidence of the party’s consent to authorisation being sought on their behalf.

5. Provide details of the nature of the proposed disclosure in respect of which the authorisation is sought. In providing these details:

(a) to the extent that any of the details have been reduced to writing, provide a true copy of the writing; and

(b) to the extent that any of the details have not been reduced to writing, provide a full and correct description of the particulars that have not been reduced to writing.

6. Provide a description of the business carried on by the likely or proposed recipients of the proposed disclosure.

7. Where authorisation is sought to make a disclosure of information to which section 44ZZX of the Competition and Consumer Act 2010 would or might apply, the applicant is only required to disclose this information where there are less than 50 recipients.

8. Where the application is made also in respect of other disclosures, which are or will be in similar terms to the disclosure referred to in item 3, furnish with the application details of the manner in which those disclosures vary in their terms from the disclosure referred to in item 3.

9. Where authorisation is sought to make a disclosure of information to which section 44ZZX of the Competition and Consumer Act 2010 would or might apply, the applicant is only required to disclose this information where there are less than 50 recipients.

10. Provide details of the market(s) likely to be effected by the disclosure in particular having regard to goods or services that may be substitutes for the good or service that is the subject matter of the application for authorisation.

11. Provide details of those public benefits claimed to result or to be likely to result from the proposed disclosure including quantification of those benefits where possible.

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12. Provide details of the detriments to the public, including those resulting from any lessening of competition, which may result from the proposed disclosure. Provide quantification of those detriments where possible.

13. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

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Form C Covenants affecting competition: application for authorisation

(regulation 70)

Form C

Commonwealth of Australia

Competition and Consumer Act 2010—subsection 88(5)

COVENANTS AFFECTING COMPETITION:

APPLICATION FOR AUTHORISATION

To the Australian Competition and Consumer Commission:

Application is hereby made under subsection 88(5) of the Competition and Consumer Act

2010 for an authorisation under that subsection:

 to require the giving of, or to give, a covenant where the proposed covenant would

have the purpose, or would have or might have the effect, of substantially lessening

competition.

 to enforce the terms of a covenant.

(Strike out whichever is not applicable)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

1. Applicant

(a) Name of Applicant: (Refer to direction 2)

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(b) Description of business carried on by applicant: (Refer to direction 3)

.....................................................................................................................................

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Compilation No. 60 Compilation date: 25/5/17 Registered: 30/5/17

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(d) Electronic address for service of documents on the applicant (this is optional and does not replace the need to provide an address in Australia at paragraph (c)):

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2. Covenant

(a) Description of the covenant and, where already given, its date: (Refer to direction 4)

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(b) Names and addresses of persons who are, or are to be, entitled to the benefit of the covenant:

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(d) The term for which authorisation of the covenant is being sought and grounds supporting this period of authorisation:

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3. Parties to the proposed covenant

(a) Where those parties are known - names, addresses and descriptions of business carried on by those other parties on whose behalf the application is made: (Refer to direction 5)

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4. Public benefit claims

(a) Arguments in support of application for authorisation: (Refer to direction 6)

.....................................................................................................................................

...............................................................................................................

(b) Facts and evidence relied upon in support of these claims:

.....................................................................................................................................

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5. Market definition

Provide a description of the market(s) in which the covenant is to take effect having regard to goods or services supplied or acquired and other affected markets including: significant suppliers and acquirers; substitutes available for the relevant goods or services; any restriction on the supply or acquisition of the relevant goods or services (for example geographic or legal restrictions): (Refer to direction 7)

.....................................................................................................................................

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Authorised Version F2017C00426 registered 30/05/2017

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6. Public detriments

(a) Detriments to the public resulting or likely to result from the proposed covenant for which authorisation is sought, in particular the likely effect of the covenant on the prices of the goods or services and the prices of goods or services in other affected markets: (Refer to direction 8)

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(b) Facts and evidence relevant to these detriments:

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7. Covenants or proposed covenants in similar terms

This application for authorisation may also be expressed to be made in relation to other covenants or proposed covenants that are or will be in similar terms to the abovementioned covenant.

(a) Is this application to be so expressed?

......................................................................................................

(b) If so, the following information is to be furnished: (Refer to direction 9)

(i) Where the applicant is entitled to the benefit of other covenants, the names of the persons who are bound by each of the other covenants:

.....................................................................................................................................

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(ii) Where the applicant is to be entitled to the benefit of the other proposed covenants, the names of the persons who are to be bound by each of the other proposed covenants which names are known at the date of this application:

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(iii) Where the applicant is bound by the other covenants, the names of the persons who are entitled to the benefit of each of the other covenants:

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(iv) Where the applicant is to be bound by the other proposed covenants, the names of the persons who are to be entitled to the benefit of each of the other proposed covenants which names are known at the date of the application:

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8. Joint Ventures

(a) Does this application deal with a matter relating to a joint venture (See section 4J of the Competition and Consumer Act 2010)?

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(b) If so, are any other applications being made simultaneously with this application in relation to that joint venture?

.....................................................................................................................................

.......................................................................

.....................................................................................................................................

.........

Authorised Version F2017C00426 registered 30/05/2017

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Compilation No. 60 Compilation date: 25/5/17 Registered: 30/5/17

9. Further information

(a) Name, postal address and telephone contact details of the person authorised by the applicant seeking authorisation to provide additional information in relation to this application:

.....................................................................................................................................

.........

Dated...................................................................

Signed by/on behalf of the applicant

.............................................................................

(Signature)

.............................................................................

(Full Name)

.............................................................................

(Organisation)

.............................................................................

(Position in Organisation)

DIRECTIONS

1. In lodging this form, applicants must include all information, including supporting evidence that they wish the Commission to take into account in assessing their application for authorisation.

3. Describe that part of the applicant’s business relating to the subject matter of the covenant in respect of which authorisation is sought.

4. Provide details of the covenant affecting competition in respect of which the authorisation is sought.

In providing these details:

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(a) to the extent that any of the details have been reduced to writing provide a true copy of the writing; and

(b) to the extent that any of the details have not been reduced to writing provide a full and correct description of the particulars that have not been reduced to writing.

6. Provide details of those public benefits claimed to result or to be likely to result from the proposed covenant including quantification of those benefits where possible.

7. Provide details of the market(s) likely to be effected by the covenant, in particular having regard to goods or services that may be substitutes for the good or service that is the subject matter of the application for authorisation.

8. Provide details of the detriments to the public, including those resulting from any lessening of competition, which may result from the proposed covenant. Provide quantification of those detriments where possible.

9. Where the application is made also in respect of other covenants which are or will be in similar terms to the covenant referred to in item 2, furnish with the application details of the manner in which those covenants vary in their terms from the covenant referred to in item 2.

10. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

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Form D Secondary boycotts: application for authorisation

(regulation 70)

Form D

Commonwealth of Australia

Competition and Consumer Act 2010—subsection 88(7)

SECONDARY BOYCOTTS:

APPLICATION FOR AUTHORISATION

To the Australian Competition and Consumer Commission:

Application is hereby made under subsection 88(7) of the Competition and Consumer Act

2010 for an authorisation under that subsection:

 to engage, in concert with other persons, in conduct that hinders or prevents, or may

hinder or prevent, a third person supplying goods to services to, or acquiring goods or

services from, a fourth person

 to engage, in concert with other persons, in conduct that prevents or substantially

hinders, or may prevent or substantially hinder, a third person from engaging in trade

or commerce involving the movement of goods between Australia and places outside

Australia.

(Strike out whichever is not applicable)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

1. Applicant

(a) Name of Applicant: (Refer to direction 2)

.....................................................................................................................................

.........

(b) Description of business, activity or occupation carried on by applicant: (Refer to direction 3)

.....................................................................................................................................

.........

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Compilation No. 60 Compilation date: 25/5/17 Registered: 30/5/17

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(d) Electronic address for service of documents on the applicant (this is optional and does not replace the need to provide an address in Australia at paragraph (c)):

.....................................................................................................................................

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2. Conduct

(a) Description of the conduct proposed to be engaged in, for which authorisation is sought: (Refer to direction 4)

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(b) Number of persons proposing to engage, in concert, in the conduct:

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(i) Where number of persons stated in item 2(b) is less than 50, their names and addresses:

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(d) The term for which authorisation of the provision of the conduct is being sought and grounds supporting this period of authorisation:

.....................................................................................................................................

Authorised Version F2017C00426 registered 30/05/2017

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Compilation No. 60 Compilation date: 25/5/17 Registered: 30/5/17

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3. Parties

(a) Name and address of the third person whose supply or acquisition of goods or services, or whose trade or commerce involving the movement of goods overseas, is to be, or may be, hindered or prevented by the conduct:

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(b) Name and address of person to or from whom, or the place to or from which, supply or acquisition of goods or services is to be, or may be, hindered or prevented by the conduct:

.....................................................................................................................................

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4. Public benefit claims

(a) Arguments in support of application for authorisation: (Refer to direction 5)

.....................................................................................................................................

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(b) Facts and evidence relied upon in support of these claims

.....................................................................................................................................

.........

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5. Market definition

.....................................................................................................................................

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6. Public detriments

(a) Detriments to the public resulting or likely to result from the conduct for which authorisation is sought, in particular the likely effect of the conduct on the prices of the goods or services described at 2(c) above and the prices of goods or services in other affected markets: (Refer to direction 7)

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(b) Facts and evidence relevant to these detriments:

.....................................................................................................................................

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7. Joint Ventures

(a) Does this application deal with a matter relating to a joint venture (See section 4J of the Competition and Consumer Act 2010):

......................................................................................................

(b) If so, are any other applications being made simultaneously with this application in relation to that joint venture?

.....................................................................................................................................

.......................................................................

Authorised Version F2017C00426 registered 30/05/2017

Schedule 1 Forms—General

Part 2 Forms—non-merger authorisation, minor variation, revocation, and revocation and substitution

100 Competition and Consumer Regulations 2010

Compilation No. 60 Compilation date: 25/5/17 Registered: 30/5/17

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8. Further information

(a) Name, postal address and telephone contact details of the person authorised by the applicant seeking authorisation to provide additional information in relation to this application:

.....................................................................................................................................

.........

Dated...................................................................

Signed by/on behalf of the applicant

.............................................................................

(Signature)

.............................................................................

(Full Name)

.............................................................................

(Organisation)

.............................................................................

(Position in Organisation)

DIRECTIONS

1. In lodging this form, applicants must include all information, including supporting evidence that they wish the Commission to take into account in assessing their application for authorisation.

3. Describe that part of the applicant’s business relating to the conduct in respect of which authorisation is sought.

4. Provide details of the conduct in respect of which this authorisation is sought.

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In providing these details:

(a) to the extent that any of the details have been reduced to writing—provide a true copy of the writing; and

(b) to the extent that any of the details have not been reduced to writing— provide a full and correct description of the particulars that have not been reduced to writing.

5. Provide details of those public benefits claimed to result or to be likely to result from the proposed conduct including quantification of those benefits where possible.

6. Provide details of the market(s) likely to be effected by the conduct, in particular having regard to goods or services that may be substitutes for the good or service that is the subject matter of the application for authorisation.

7. Provide details of the detriments to the public, including those resulting from any lessening of competition, which may result from the proposed conduct. Provide quantification of those detriments where possible.

8. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

Authorised Version F2017C00426 registered 30/05/2017

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Form DA Boycott agreements: application for authorisation

(regulation 70)

Form DA

Commonwealth of Australia

Competition and Consumer Act 2010—subsection 88(7A)

BOYCOTT AGREEMENTS:

APPLICATION FOR AUTHORISATION

To the Australian Competition and Consumer Commission:

Application is hereby made under subsection 88(7A) of the Competition and Consumer Act

2010 for an authorisation under that subsection for a person (the first person):

 to make a contract or arrangement, or arrive at an understanding, with an organisation

of employees or an officer of such an organisation, being a contract, arrangement, or

understanding that contains a provision that is, or may be, included for the purpose of

preventing or hindering the first person supplying goods or services to, or acquiring

goods or services from, another person.

 to give effect to a provision of a contract, arrangement or understanding with an

organisation of employees or an officer of such an organisation that has, or may have,

been included for the purpose of preventing or hindering the first person supplying

goods or services to, or acquiring goods or services from, another person.

(Strike out whichever is not applicable)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

1. Applicant

(a) Name of Applicant: (Refer to direction 2)

.....................................................................................................................................

.........

(b) Description of business, activity or occupation carried on by applicant: (Refer to direction 3)

.....................................................................................................................................

.........

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(d) Electronic address for service of documents on the applicant (this is optional and does not replace the need to provide an address in Australia at paragraph (c)):

.....................................................................................................................................

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2. Conduct

(a) Description of the contract, arrangement or understanding for which authorisation is sought: (Refer to direction 4)

.....................................................................................................................................

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(b) Description of those provisions of the contract, arrangement or understanding that have, or may have, the purpose of preventing or hindering the first person supplying goods or services to, or acquiring goods or services from, another person: (Refer to direction 4)

.....................................................................................................................................

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(d) The term for which authorisation of the provision of the conduct is being sought and grounds supporting this period of authorisation:

.....................................................................................................................................

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3. Parties

(a) Name and address of person to or from whom supply or acquisition of goods or services, is to be, or may be, hindered or prevented by the contract, arrangement or understanding:

.....................................................................................................................................

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(b) Names, addresses and descriptions of business carried on by parties and other persons on whose behalf this application is made: (Refer to direction 5)

.....................................................................................................................................

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4. Public benefit claims

(a) Arguments in support of application for authorisation: (Refer to direction 6)

.....................................................................................................................................

.........

(b) Facts and evidence relied upon in support of these claims:

.....................................................................................................................................

.........

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5. Market definition

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6. Public detriments

.....................................................................................................................................

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(b) Facts and evidence relevant to these detriments:

.....................................................................................................................................

...............................................................................................................

7. Joint Ventures

(a) Does this application deal with a matter relating to a joint venture (See section 4J of the Competition and Consumer Act 2010)?

......................................................................................................

(b) If so, are any other applications being made simultaneously with this application in relation to that joint venture?

.....................................................................................................................................

.......................................................................

Authorised Version F2017C00426 registered 30/05/2017

Schedule 1 Forms—General

Part 2 Forms—non-merger authorisation, minor variation, revocation, and revocation and substitution

106 Competition and Consumer Regulations 2010

Compilation No. 60 Compilation date: 25/5/17 Registered: 30/5/17

.....................................................................................................................................

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8. Further information

(a) Name, postal address and telephone contact details of the person authorised by the applicant seeking authorisation to provide additional information in relation to this application:

.....................................................................................................................................

.........

Dated...................................................................

Signed by/on behalf of the applicant

.............................................................................

(Signature)

.............................................................................

(Full Name)

.............................................................................

(Organisation)

.............................................................................

(Position in Organisation)

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DIRECTIONS

1. In lodging this form, applicants must include all information, including supporting evidence that they wish the Commission to take into account in assessing their application for authorisation.

3. Describe that part of the applicant’s business relating to the conduct in respect of which authorisation is sought.

4. Provide details of the contract, arrangement or understanding between the first person and the organisation of employees or the officer of such an organisation. Provide details of the provision that is, or may, prevent or hinder the first person supplying goods or services to, or acquiring goods or services from, another person.

In providing these details:

(a) to the extent that any of the details have been reduced to writing—provide a true copy of the writing; and

(b) to the extent that any of the details have not been reduced to writing— provide a full and correct description of the particulars that have not been reduced to writing.

6. Provide details of those public benefits claimed to result or to be likely to result from the proposed conduct including quantification of those benefits where possible.

7. Provide details of the market(s) likely to be effected by the conduct, in particular having regard to goods or services that may be substitutes for the good or service that is the subject matter of the application for authorisation.

8. Provide details of the detriments to the public, including those resulting from any lessening of competition, which may result from the proposed conduct. Provide quantification of those detriments where possible.

Authorised Version F2017C00426 registered 30/05/2017

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9. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

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Form E Exclusive dealing: application for authorisation

(regulation 70)

Form E

Commonwealth of Australia

Competition and Consumer Act 2010—subsection 88(8)

EXCLUSIVE DEALING:

APPLICATION FOR AUTHORISATION

To the Australian Competition and Consumer Commission:

Application is hereby made under subsection 88(8) of the Competition and Consumer Act

2010 for an authorisation under that subsection to engage in conduct that constitutes or may

constitute the practice of exclusive dealing.

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

1. Applicant

(a) Name of applicant: (Refer to direction 2)

.....................................................................................................................................

.........

(b) Short description of business carried on by applicant: (Refer to direction 3)

.....................................................................................................................................

.........

.....................................................................................................................................

...............................................................................................................

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(d) Electronic address for service of documents on the applicant (this is optional and does not replace the need to provide an address in Australia at paragraph (c)):

.....................................................................................................................................

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2. Contract, arrangement or understanding

(a) Description of the conduct that would or may constitute the practice of exclusive dealing: (Refer to direction 4)

.....................................................................................................................................

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(b) Description of the goods or services in relation to the supply or acquisition of which this application relates:

.....................................................................................................................................

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(c) The term for which authorisation of the conduct is being sought and grounds for supporting this period of authorisation:

.....................................................................................................................................

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3. Parties to the proposed arrangement

(a) Class or classes of persons to which the conduct relates: (Refer to direction 5)

.....................................................................................................................................

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(b) Number of those persons:

(i) At present time:

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(ii) Estimated within the next year: (Refer to direction 6)

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4. Public benefit claims

(a) Arguments in support of authorisation: (Refer to direction 6)

.....................................................................................................................................

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(b) Facts and evidence relied upon in support of these claims:

.....................................................................................................................................

.........

5. Market definition

Provide a description of the market(s) in which the goods or services described at 2(b) are supplied or acquired and other affected markets including: significant suppliers and acquirers; substitutes available for the relevant goods or services; any restriction on the supply or acquisition of the relevant goods or services (for example geographic or legal restrictions): (Refer to direction 7)

.....................................................................................................................................

.........

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6. Public detriments

(a) Detriments to the public resulting or likely to result from the authorisation, in particular the likely effect of the conduct on the prices of the goods or services described at 2(b) above and the prices of goods or services in other affected markets: (Refer to direction 8)

.....................................................................................................................................

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(b) Facts and evidence relevant to these detriments:

.....................................................................................................................................

.........

7. Joint Ventures

(a) Does this application deal with a matter relating to a joint venture (See section 4J of the Competition and Consumer Act 2010)?

......................................................................................................

(b) If so, are any other applications being made simultaneously with this application in relation to that joint venture?

......................................................................................................

.....................................................................................................................................

.......................................................................

8. Further Information

(a) Name and address of person authorised by the applicant to provide additional information in relation to this application:

.....................................................................................................................................

.......................................................................

Dated...................................................................

Signed by/on behalf of the applicant

.............................................................................

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(Signature)

.............................................................................

(Full Name)

.............................................................................

(Organisation)

.............................................................................

(Position in Organisation)

DIRECTIONS

1. In lodging this form, applicants must include all information, including supporting evidence that they wish the Commission to take into account in assessing their application for authorisation.

3. Describe that part of the applicant’s business in the course of which the conduct is engaged in.

4. Provide details of the conduct (whether proposed or actual) which may constitute the practice of exclusive dealing in respect of which this authorisation is sought.

In providing these details:

(a) to the extent that any of the details have been reduced to writing provide a true copy of the writing; and

(b) to the extent that any of the details have not been reduced to writing— provide a full and correct description of the particulars that have not been reduced to writing.

6. Provide details of those public benefits claimed to result or to be likely to result from the proposed conduct including quantification of those benefits where possible.

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8. Provide details of the detriments to the public which may result from the conduct including quantification of those detriments where possible.

9. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

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Form EA Resale price maintenance: application for authorisation

(regulation 70)

Form EA

Commonwealth of Australia

Competition and Consumer Act 2010—subsection 88(8A)

RESALE PRICE MAINTENANCE:

APPLICATION FOR AUTHORISATION

To the Australian Competition and Consumer Commission:

Application is hereby made under subsection 88(8A) of the Competition and Consumer Act

2010 for an authorisation under that subsection to engage in conduct that constitutes (or may

constitute) the practice of resale price maintenance.

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

1. Applicant

(a) Name of Applicant: (Refer to direction 2)

.....................................................................................................................................

.........

(b) Description of business carried on by applicant: (Refer to direction 3)

.....................................................................................................................................

.........

.....................................................................................................................................

.........

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(d) Electronic address for service of documents on the applicant (this is optional and does not replace the need to provide an address in Australia at paragraph (c)):

.....................................................................................................................................

.........

2. Conduct

(a) Description of the conduct that would or may constitute the practice of resale price maintenance: (Refer to direction 4)

.....................................................................................................................................

.........

(b) Description of the goods or services in relation to the supply of which this application relates:

.....................................................................................................................................

.........

(c) The term for which authorisation of the provision of the conduct (whether proposed or actual) is being sought and grounds supporting this period of authorisation:

.....................................................................................................................................

.........

3. Public benefit claims

(a) Arguments in support of application for authorisation: (Refer to direction 5)

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(b) Facts and evidence relied upon in support of these claims:

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4. Market definition

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5. Public detriments

(a) Detriments to the public resulting or likely to result from the conduct for which authorisation is sought, in particular the likely effect of the conduct on the prices of the goods or services described at 2(b) above and the prices of goods or services in other affected markets: (Refer to direction 7)

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(b) Facts and evidence relevant to these detriments:

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6. Joint Ventures

(a) Does this application deal with a matter relating to a joint venture (See section 4J of the Competition and Consumer Act 2010)?

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(b) If so, are any other applications being made simultaneously with this application in relation to that joint venture?

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7. Further information

(a) Name, postal address and telephone contact details of the person authorised by the applicant seeking authorisation to provide additional information in relation to this application:

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Dated...................................................................

Signed by/on behalf of the applicant

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(Signature)

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(Full Name)

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(Organisation)

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(Position in Organisation)

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DIRECTIONS

1. In lodging this form, applicants must include all information, including supporting evidence that they wish the Commission to take into account in assessing their application for authorisation.

3. Describe that part of the applicant’s business relating to the conduct in respect of which authorisation is sought.

4. Provide details of the conduct (whether proposed or actual) which may constitute the practice of resale price maintenance in respect of which this authorisation is sought.

In providing these details:

(a) to the extent that any of the details have been reduced to writing—provide a true copy of the writing; and

(b) to the extent that any of the details have not been reduced to writing—provide a full and correct description of the particulars that have not been reduced to writing.

5. Provide details of those public benefits claimed to result or to be likely to result from the proposed conduct including quantification of those benefits where possible.

8. If an address is to be provided in this form, an electronic address may be provided in addition to the address required.

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Form FA Application for minor variation of non-merger authorisation

(regulation 70)

Form FA

Commonwealth of Australia

Competition and Consumer Act 2010—subsection 91A(1)

APPLICATION FOR MINOR VARIATION OF A NON-MERGER

AUTHORISATION

To the Australian Competition and Consumer Commission:

Application is hereby made under subsection 91A(1) of the Competition and Consumer Act

2010 for the a minor variation of an authorisation.