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Competition and Consumer Act 2010 (consolidated as of April 6, 2019)



Prepared by the Office of Parliamentary Counsel, Canberra

Competition and Consumer Act 2010

No. 51, 1974

Compilation No. 118

Compilation date: 6 April 2019

Includes amendments up to: Act No. 49, 2019

Registered: 23 April 2019

This compilation is in 3 volumes

Volume 1: sections 1–110

Volume 2: sections 10.01–185

Volume 3: Schedules

Endnotes

Each volume has its own contents

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About this compilation

This compilation

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

text of the law as amended and in force on 6 April 2019 (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If a provision of the compiled law has been repealed in accordance with a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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Contents

Schedule 1—The Schedule version of Part IV 1

Part 1—Schedule version of Part IV 1

Division 1—Cartel conduct 1

Subdivision A—Introduction 1

45AA Simplified outline ..............................................................................1

45AB Definitions.........................................................................................1

45AC Extended meaning of party................................................................3

45AD Cartel provisions................................................................................3

45AE Meaning of expressions in other provisions of this Act.....................9

Subdivision B—Offences etc. 10

45AF Making a contract etc. containing a cartel provision .......................10

45AG Giving effect to a cartel provision ...................................................11

45AH Determining guilt.............................................................................12

45AI Court may make related civil orders................................................12

Subdivision C—Civil penalty provisions 13

45AJ Making a contract etc. containing a cartel provision .......................13

45AK Giving effect to a cartel provision ...................................................13

Subdivision D—Exceptions 13

45AL Conduct notified ..............................................................................13

45AM Cartel provision subject to grant of authorisation ............................14

45AN Contracts, arrangements or understandings between related

bodies corporate ..............................................................................14

45AO Joint ventures—prosecution ............................................................15

45AP Joint ventures—civil penalty proceedings .......................................16

45AQ Resale price maintenance ................................................................17

45AR Exclusive dealing.............................................................................17

45AS Dual listed company arrangement ...................................................18

45AT Acquisition of shares or assets.........................................................18

45AU Collective acquisition of goods or services by the parties to a

contract, arrangement or understanding...........................................19

Division 2—Other provisions 20

45 Contracts, arrangements or understandings that restrict

dealings or affect competition .........................................................20

45D Secondary boycotts for the purpose of causing substantial

loss or damage .................................................................................24

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45DA Secondary boycotts for the purpose of causing substantial

lessening of competition..................................................................24

45DC Involvement and liability of employee organisations ......................25

45DD Situations in which boycotts permitted............................................27

45E Prohibition of contracts, arrangements or understandings

affecting the supply or acquisition of goods or services ..................30

45EA Provisions contravening section 45E not to be given effect ............34

45EB Sections 45D to 45EA do not affect operation of other

provisions of Part.............................................................................34

46 Misuse of market power ..................................................................34

47 Exclusive dealing.............................................................................36

48 Resale price maintenance ................................................................43

49 Dual listed company arrangements that affect competition .............43

50 Prohibition of acquisitions that would result in a substantial

lessening of competition..................................................................45

51 Exceptions .......................................................................................46

Schedule 2—The Australian Consumer Law 52

Chapter 1—Introduction 67 1 Application of this Schedule............................................................67

2 Definitions.......................................................................................67

3 Meaning of consumer ......................................................................83

4 Misleading representations with respect to future matters ...............86

5 When donations are treated as supplies or acquisitions ...................87

6 Related bodies corporate .................................................................88

7 Meaning of manufacturer ................................................................88

8 Goods affixed to land or premises ...................................................89

9 Meaning of safety defect in relation to goods ..................................89

10 Asserting a right to payment............................................................90

11 References to acquisition, supply and re-supply..............................91

12 Application of Schedule in relation to leases and licences of

land and buildings............................................................................92

13 Loss or damage to include injury.....................................................92

14 Meaning of continuing credit contract ............................................92

15 Contraventions of this Schedule ......................................................94

16 Severability......................................................................................94

17 References to provisions in this Schedule .......................................94

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Chapter 2—General protections 95

Part 2-1—Misleading or deceptive conduct 95

18 Misleading or deceptive conduct .....................................................95

19 Application of this Part to information providers ............................95

Part 2-2—Unconscionable conduct 98

20 Unconscionable conduct within the meaning of the unwritten

law...................................................................................................98

21 Unconscionable conduct in connection with goods or

services ............................................................................................98

22 Matters the court may have regard to for the purposes of

section 21.........................................................................................99

22A Presumptions relating to whether representations are

misleading .....................................................................................102

Part 2-3—Unfair contract terms 103

23 Unfair terms of consumer contracts and small business

contracts ........................................................................................103

24 Meaning of unfair..........................................................................104

25 Examples of unfair terms...............................................................104

26 Terms that define main subject matter of consumer contracts

or small business contracts etc. are unaffected ..............................106

27 Standard form contracts.................................................................106

28 Contracts to which this Part does not apply...................................107

Chapter 3—Specific protections 108

Part 3-1—Unfair practices 108

Division 1—False or misleading representations etc. 108

29 False or misleading representations about goods or services.........108

30 False or misleading representations about sale etc. of land ...........110

31 Misleading conduct relating to employment..................................110

32 Offering rebates, gifts, prizes etc. ..................................................111

33 Misleading conduct as to the nature etc. of goods .........................112

34 Misleading conduct as to the nature etc. of services ......................112

35 Bait advertising..............................................................................112

36 Wrongly accepting payment ..........................................................113

37 Misleading representations about certain business activities .........115

38 Application of provisions of this Division to information

providers........................................................................................116

Division 2—Unsolicited supplies 118

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39 Unsolicited cards etc......................................................................118

40 Assertion of right to payment for unsolicited goods or

services ..........................................................................................119

41 Liability etc. of recipient for unsolicited goods .............................120

42 Liability of recipient for unsolicited services ................................121

43 Assertion of right to payment for unauthorised entries or

advertisements ...............................................................................121

Division 3—Pyramid schemes 124

44 Participation in pyramid schemes ..................................................124

45 Meaning of pyramid scheme..........................................................124

46 Marketing schemes as pyramid schemes .......................................125

Division 4—Pricing 127

47 Multiple pricing.............................................................................127

48 Single price to be specified in certain circumstances.....................128

Division 5—Other unfair practices 132

49 Referral selling ..............................................................................132

50 Harassment and coercion...............................................................132

Part 3-2—Consumer transactions 133

Division 1—Consumer guarantees 133

Subdivision A—Guarantees relating to the supply of goods 133

51 Guarantee as to title .......................................................................133

52 Guarantee as to undisturbed possession.........................................133

53 Guarantee as to undisclosed securities etc. ....................................134

54 Guarantee as to acceptable quality.................................................135

55 Guarantee as to fitness for any disclosed purpose etc. ...................137

56 Guarantee relating to the supply of goods by description..............137

57 Guarantees relating to the supply of goods by sample or

demonstration model .....................................................................138

58 Guarantee as to repairs and spare parts..........................................138

59 Guarantee as to express warranties ................................................139

Subdivision B—Guarantees relating to the supply of services 140

60 Guarantee as to due care and skill .................................................140

61 Guarantees as to fitness for a particular purpose etc. .....................140

62 Guarantee as to reasonable time for supply ...................................141

63 Services to which this Subdivision does not apply ........................141

Subdivision C—Guarantees not to be excluded etc. by contract 142

64 Guarantees not to be excluded etc. by contract..............................142

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64A Limitation of liability for failures to comply with guarantees .......142

Subdivision D—Miscellaneous 144

65 Application of this Division to supplies of gas, electricity

and telecommunications ................................................................144

66 Display notices ..............................................................................144

67 Conflict of laws .............................................................................145

68 Convention on Contracts for the International Sale of Goods .......145

Division 2—Unsolicited consumer agreements 146

Subdivision A—Introduction 146

69 Meaning of unsolicited consumer agreement ................................146

70 Presumption that agreements are unsolicited consumer

agreements.....................................................................................147

71 Meaning of dealer .........................................................................148

72 Meaning of negotiation .................................................................148

Subdivision B—Negotiating unsolicited consumer agreements 148

73 Permitted hours for negotiating an unsolicited consumer

agreement ......................................................................................148

74 Disclosing purpose and identity.....................................................149

75 Ceasing to negotiate on request .....................................................149

76 Informing person of termination period etc. ..................................150

77 Liability of suppliers for contraventions by dealers.......................151

Subdivision C—Requirements for unsolicited consumer

agreements etc. 151

78 Requirement to give document to the consumer............................151

79 Requirements for all unsolicited consumer agreements etc. ..........152

80 Additional requirements for unsolicited consumer

agreements not negotiated by telephone ........................................153

81 Requirements for amendments of unsolicited consumer

agreements.....................................................................................154

Subdivision D—Terminating unsolicited consumer agreements 154

82 Terminating an unsolicited consumer agreement during the

termination period .........................................................................154

83 Effect of termination......................................................................156

84 Obligations of suppliers on termination.........................................157

85 Obligations and rights of consumers on termination .....................157

86 Prohibition on supplies etc. ...........................................................159

87 Repayment of payments received after termination.......................160

88 Prohibition on recovering amounts after termination ....................160

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Subdivision E—Miscellaneous 161

89 Certain provisions of unsolicited consumer agreements void........161

90 Waiver of rights.............................................................................162

91 Application of this Division to persons to whom rights of

consumers and suppliers are assigned etc. .....................................162

92 Application of this Division to supplies to third parties.................162

93 Effect of contravening this Division..............................................163

94 Regulations may limit the application of this Division..................163

95 Application of this Division to certain conduct covered by

the Corporations Act......................................................................163

Division 3—Lay-by agreements 164

96 Lay-by agreements must be in writing etc. ....................................164

97 Termination of lay-by agreements by consumers ..........................164

98 Termination of lay-by agreements by suppliers.............................165

99 Effect of termination......................................................................165

Division 3A—Gift cards 167

Subdivision A—Introduction 167

99A Meaning of gift card ......................................................................167

Subdivision B—Requirements relating to gift cards 167

99B Gift cards to be redeemable for at least 3 years .............................167

99C When gift card ceases to be redeemable to appear

prominently on gift card ................................................................168

99D Terms and conditions not to allow post-supply fees ......................168

99E Post-supply fees not to be demanded or received ..........................168

99F Certain terms and conditions of gift card void...............................169

Subdivision C—Miscellaneous 169

99G Regulations may limit application of this Division........................169

Division 4—Miscellaneous 171

100 Supplier must provide proof of transaction etc. .............................171

101 Consumer may request an itemised bill .........................................172

102 Prescribed requirements for warranties against defects .................173

103 Repairers must comply with prescribed requirements ...................173

Part 3-3—Safety of consumer goods and product related services 175

Division 1—Safety standards 175

104 Making safety standards for consumer goods and product

related services ..............................................................................175

105 Declaring safety standards for consumer goods and product

related services ..............................................................................176

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106 Supplying etc. consumer goods that do not comply with

safety standards .............................................................................176

107 Supplying etc. product related services that do not comply

with safety standards .....................................................................178

108 Requirement to nominate a safety standard ...................................179

Division 2—Bans on consumer goods and product related services 180

Subdivision A—Interim bans 180

109 Interim bans on consumer goods or product related services

that will or may cause injury to any person etc..............................180

110 Places in which interim bans apply................................................181

111 Ban period for interim bans ...........................................................181

112 Interaction of multiple interim bans...............................................182

113 Revocation of interim bans............................................................183

Subdivision B—Permanent bans 183

114 Permanent bans on consumer goods or product related

services ..........................................................................................183

115 Places in which permanent bans apply ..........................................184

116 When permanent bans come into force..........................................184

117 Revocation of permanent bans.......................................................184

Subdivision C—Compliance with interim bans and permanent

bans 185

118 Supplying etc. consumer goods covered by a ban .........................185

119 Supplying etc. product related services covered by a ban..............186

Subdivision D—Temporary exemption from mutual recognition

principles 187

120 Temporary exemption under the Trans-Tasman Mutual

Recognition Act 1997 ....................................................................187

121 Temporary exemption under the Mutual Recognition Act

1992...............................................................................................187

Division 3—Recall of consumer goods 189

Subdivision A—Compulsory recall of consumer goods 189

122 Compulsory recall of consumer goods ..........................................189

123 Contents of a recall notice .............................................................189

124 Obligations of a supplier in relation to a recall notice ...................191

125 Notification by persons who supply consumer goods outside

Australia if there is compulsory recall ...........................................192

126 Interaction of multiple recall notices .............................................192

127 Compliance with recall notices......................................................193

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Subdivision B—Voluntary recall of consumer goods 194

128 Notification requirements for a voluntary recall of consumer

goods .............................................................................................194

Division 4—Safety warning notices 196

129 Safety warning notices about consumer goods and product

related services ..............................................................................196

130 Announcement of the results of an investigation etc. ....................196

Division 5—Consumer goods, or product related services,

associated with death or serious injury or illness 198

131 Suppliers to report consumer goods associated with the death

or serious injury or illness of any person .......................................198

132 Suppliers to report product related services associated with

the death or serious injury or illness of any person........................200

132A Confidentiality of notices given under this Division .....................202

Division 6—Miscellaneous 204

133 Liability under a contract of insurance ..........................................204

Part 3-4—Information standards 205

134 Making information standards for goods and services...................205

135 Declaring information standards for goods and services ...............205

136 Supplying etc. goods that do not comply with information

standards........................................................................................206

137 Supplying etc. services that do not comply with information

standards........................................................................................207

137A Safe harbour for complying with information standards

about free range eggs.....................................................................208

Part 3-5—Liability of manufacturers for goods with safety

defects 210

Division 1—Actions against manufacturers for goods with safety

defects 210

138 Liability for loss or damage suffered by an injured individual ......210

139 Liability for loss or damage suffered by a person other than

an injured individual......................................................................210

140 Liability for loss or damage suffered by a person if other

goods are destroyed or damaged....................................................211

141 Liability for loss or damage suffered by a person if land,

buildings or fixtures are destroyed or damaged .............................211

142 Defences to defective goods actions ..............................................212

Division 2—Defective goods actions 213

143 Time for commencing defective goods actions .............................213

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144 Liability joint and several ..............................................................213

145 Survival of actions.........................................................................213

146 No defective goods action where workers’ compensation law

etc. applies.....................................................................................213

147 Unidentified manufacturer.............................................................214

148 Commonwealth liability for goods that are defective only

because of compliance with Commonwealth mandatory

standard .........................................................................................214

149 Representative actions by the regulator .........................................215

Division 3—Miscellaneous 216

150 Application of all or any provisions of this Part etc. not to be

excluded or modified .....................................................................216

Chapter 4—Offences 217

Part 4-1—Offences relating to unfair practices 217

Division 1—False or misleading representations etc. 217

151 False or misleading representations about goods or services.........217

152 False or misleading representations about sale etc. of land ...........219

153 Misleading conduct relating to employment..................................220

154 Offering rebates, gifts, prizes etc. ..................................................221

155 Misleading conduct as to the nature etc. of goods .........................223

156 Misleading conduct as to the nature etc. of services ......................224

157 Bait advertising..............................................................................225

158 Wrongly accepting payment ..........................................................227

159 Misleading representations about certain business activities .........229

160 Application of provisions of this Division to information

providers........................................................................................230

Division 2—Unsolicited supplies 232

161 Unsolicited cards etc......................................................................232

162 Assertion of right to payment for unsolicited goods or

services ..........................................................................................233

163 Assertion of right to payment for unauthorised entries or

advertisements ...............................................................................234

Division 3—Pyramid schemes 237

164 Participation in pyramid schemes ..................................................237

Division 4—Pricing 238

165 Multiple pricing.............................................................................238

166 Single price to be specified in certain circumstances.....................238

Division 5—Other unfair practices 241

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167 Referral selling ..............................................................................241

168 Harassment and coercion...............................................................242

Part 4-2—Offences relating to consumer transactions 244

Division 1—Consumer guarantees 244

169 Display notices ..............................................................................244

Division 2—Unsolicited consumer agreements 245

Subdivision A—Negotiating unsolicited consumer agreements 245

170 Permitted hours for negotiating an unsolicited consumer

agreement ......................................................................................245

171 Disclosing purpose and identity.....................................................245

172 Ceasing to negotiate on request .....................................................246

173 Informing person of termination period etc. ..................................247

Subdivision B—Requirements for unsolicited consumer

agreements etc. 248

174 Requirement to give document to the consumer............................248

175 Requirements for all unsolicited consumer agreements etc. ..........249

176 Additional requirements for unsolicited consumer

agreements not negotiated by telephone ........................................250

177 Requirements for amendments of unsolicited consumer

agreements.....................................................................................251

Subdivision C—Terminating unsolicited consumer agreements 252

178 Obligations of suppliers on termination.........................................252

179 Prohibition on supplies etc. ...........................................................252

180 Repayment of payments received after termination.......................253

181 Prohibition on recovering amounts after termination ....................253

Subdivision D—Miscellaneous 254

182 Certain provisions of unsolicited consumer agreements void........254

183 Waiver of rights.............................................................................255

184 Application of this Division to persons to whom rights of

consumers and suppliers are assigned etc. .....................................255

185 Application of this Division to supplies to third parties.................256

186 Regulations may limit the application of this Division..................256

187 Application of this Division to certain conduct covered by

the Corporations Act......................................................................256

Division 3—Lay-by agreements 257

188 Lay-by agreements must be in writing etc. ....................................257

189 Termination charges ......................................................................257

190 Termination of lay-by agreements by suppliers.............................258

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191 Refund of amounts ........................................................................258

Division 3A—Gift cards 259

191A Gift cards to be redeemable for at least 3 years .............................259

191B When gift card ceases to be redeemable to appear

prominently on gift card ................................................................259

191C Terms and conditions not to allow post-supply fees ......................260

191D Post-supply fees not to be demanded or received ..........................260

191E Regulations may limit the application of this Division..................260

Division 4—Miscellaneous 262

192 Prescribed requirements for warranties against defects .................262

193 Repairers must comply with prescribed requirements ...................262

Part 4-3—Offences relating to safety of consumer goods and

product related services 263

Division 1—Safety standards 263

194 Supplying etc. consumer goods that do not comply with

safety standards .............................................................................263

195 Supplying etc. product related services that do not comply

with safety standards .....................................................................264

196 Requirement to nominate a safety standard ...................................265

Division 2—Bans on consumer goods and product related services 267

197 Supplying etc. consumer goods covered by a ban .........................267

198 Supplying etc. product related services covered by a ban..............268

Division 3—Recall of consumer goods 270

199 Compliance with recall orders .......................................................270

200 Notification by persons who supply consumer goods outside

Australia if there is compulsory recall ...........................................271

201 Notification requirements for a voluntary recall of consumer

goods .............................................................................................271

Division 4—Consumer goods, or product related services,

associated with death or serious injury or illness 273

202 Suppliers to report consumer goods etc. associated with the

death or serious injury or illness of any person .............................273

Part 4-4—Offences relating to information standards 274

203 Supplying etc. goods that do not comply with information

standards........................................................................................274

204 Supplying etc. services that do not comply with information

standards........................................................................................276

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Part 4-5—Offences relating to substantiation notices 278

205 Compliance with substantiation notices.........................................278

206 False or misleading information etc...............................................278

Part 4-6—Defences 280

207 Reasonable mistake of fact ............................................................280

208 Act or default of another person etc...............................................280

209 Publication of advertisements in the ordinary course of

business .........................................................................................281

210 Supplying goods acquired for the purpose of re-supply ................281

211 Supplying services acquired for the purpose of re-supply .............283

Part 4-7—Miscellaneous 284

212 Prosecutions to be commenced within 3 years ..............................284

213 Preference must be given to compensation for victims .................284

214 Penalties for contraventions of the same nature etc. ......................285

215 Penalties for previous contraventions of the same nature etc. .......285

216 Granting of injunctions etc. ...........................................................286

217 Criminal proceedings not to be brought for contraventions of

Chapter 2 or 3 ................................................................................286

Chapter 5—Enforcement and remedies 288

Part 5-1—Enforcement 288

Division 1—Undertakings 288

218 Regulator may accept undertakings ...............................................288

Division 2—Substantiation notices 289

219 Regulator may require claims to be substantiated etc. ...................289

220 Extending periods for complying with substantiation notices .......290

221 Compliance with substantiation notices.........................................291

222 False or misleading information etc...............................................291

Division 3—Public warning notices 293

223 Regulator may issue a public warning notice ................................293

Part 5-2—Remedies 294

Division 1—Pecuniary penalties 294

224 Pecuniary penalties ........................................................................294

225 Pecuniary penalties and offences ...................................................299

226 Defence..........................................................................................300

227 Preference must be given to compensation for victims .................300

228 Civil action for recovery of pecuniary penalties ............................301

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229 Indemnification of officers ............................................................301

230 Certain indemnities not authorised and certain documents

void................................................................................................301

Division 2—Injunctions 302

232 Injunctions.....................................................................................302

233 Consent injunctions .......................................................................303

234 Interim injunctions.........................................................................304

235 Variation and discharge of injunctions ..........................................304

Division 3—Damages 305

236 Actions for damages ......................................................................305

Division 4—Compensation orders etc. for injured persons and

orders for non-party consumers 306

Subdivision A—Compensation orders etc. for injured persons 306

237 Compensation orders etc. on application by an injured

person or the regulator...................................................................306

238 Compensation orders etc. arising out of other proceedings ...........307

Subdivision B—Orders for non-party consumers 307

239 Orders to redress etc. loss or damage suffered by non-party

consumers......................................................................................307

240 Determining whether to make a redress order etc. for

non-party consumers .....................................................................309

241 When a non-party consumer is bound by a redress order etc.........309

Subdivision C—Miscellaneous 310

242 Applications for orders ..................................................................310

243 Kinds of orders that may be made .................................................310

244 Power of a court to make orders ....................................................311

245 Interaction with other provisions ...................................................312

Division 5—Other remedies 313

246 Non-punitive orders.......................................................................313

247 Adverse publicity orders................................................................314

248 Order disqualifying a person from managing corporations ...........315

249 Privilege against exposure to penalty or forfeiture—

disqualification from managing corporations ................................316

250 Declarations relating to consumer contracts and small

business contracts ..........................................................................317

Division 6—Defences 318

251 Publication of advertisement in the ordinary course of

business .........................................................................................318

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252 Supplying consumer goods for the purpose of re-supply...............318

253 Supplying product related services for the purpose of

re-supply........................................................................................319

Part 5-3—Country of origin representations 321

254 Overview .......................................................................................321

255 Country of origin representations do not contravene certain

provisions ......................................................................................321

258 Proceedings relating to false, misleading or deceptive

conduct or representations .............................................................323

Part 5-4—Remedies relating to guarantees 324

Division 1—Action against suppliers 324

Subdivision A—Action against suppliers of goods 324

259 Action against suppliers of goods..................................................324

260 When a failure to comply with a guarantee is a major failure .......325

261 How suppliers may remedy a failure to comply with a

guarantee .......................................................................................326

262 When consumers are not entitled to reject goods ..........................326

263 Consequences of rejecting goods...................................................327

264 Replaced goods..............................................................................328

265 Termination of contracts for the supply of services that are

connected with rejected goods.......................................................328

266 Rights of gift recipients .................................................................329

Subdivision B—Action against suppliers of services 329

267 Action against suppliers of services...............................................329

268 When a failure to comply with a guarantee is a major failure .......331

269 Termination of contracts for the supply of services.......................331

270 Termination of contracts for the supply of goods that are

connected with terminated services ...............................................332

Division 2—Action for damages against manufacturers of goods 334

271 Action for damages against manufacturers of goods .....................334

272 Damages that may be recovered by action against

manufacturers of goods .................................................................335

273 Time limit for actions against manufacturers of goods..................336

Division 3—Miscellaneous 337

274 Indemnification of suppliers by manufacturers .............................337

275 Limitation of liability etc. ..............................................................338

276 This Part not to be excluded etc. by contract .................................338

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276A Limitation in certain circumstances of liability of

manufacturer to seller ....................................................................339

277 Representative actions by the regulator .........................................340

Part 5-5—Liability of suppliers and credit providers 341

Division 1—Linked credit contracts 341

278 Liability of suppliers and linked credit providers relating to

linked credit contracts....................................................................341

279 Action by consumer to recover amount of loss or damage ............342

280 Cases where a linked credit provider is not liable .........................342

281 Amount of liability of linked credit providers ...............................344

282 Counter-claims and offsets ............................................................345

283 Enforcement of judgments etc. ......................................................345

284 Award of interest to consumers .....................................................347

285 Liability of suppliers to linked credit providers, and of linked

credit providers to suppliers...........................................................348

286 Joint liability proceedings and recovery under section 135 of

the National Credit Code ...............................................................348

Division 2—Non-linked credit contracts 350

287 Liability of suppliers and credit providers relating to

non-linked credit contracts ............................................................350

Chapter 6—Application and transitional provisions 352

Part 1—Application and transitional provisions relating to the

Consumer Credit Legislation Amendment

(Enhancements) Act 2012 352

288 Application of amendments relating to lay-by agreements............352

289 Application of amendment relating to repairs................................352

290 Saving of regulations relating to repairs ........................................352

Part 1A—Application provision relating to the Treasury

Legislation Amendment (Small Business and Unfair

Contract Terms) Act 2015 353

290A Application ....................................................................................353

Part 2—Application and transitional provisions relating to the

Competition and Consumer Amendment

(Competition Policy Review) Act 2017 354

291 Application of amendments relating to confidentiality of

notices............................................................................................354

292 Application of amendments relating to prohibition on

supplies..........................................................................................354

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Part 3—Application provision relating to the Treasury Laws

Amendment (2018 Measures No. 3) Act 2018 355

295 Application of amendments...........................................................355

Part 4—Application provisions relating to the Treasury Laws

Amendment (Australian Consumer Law Review)

Act 2018 356

296 Application—listed public companies...........................................356

297 Application—unsolicited supplies.................................................356

298 Application—unsolicited consumer agreements ...........................356

299 Application—single price..............................................................356

300 Application—non-punitive orders .................................................356

301 Application—guarantees relating to the supply of services...........357

Part 5—Application and transitional provisions relating to the

Treasury Laws Amendment (Gift Cards) Act 2018 358

302 Application of amendments relating to gift cards ..........................358

Endnotes 359

Endnote 1—About the endnotes 359

Endnote 2—Abbreviation key 361

Endnote 3—Legislation history 362

Endnote 4—Amendment history 385

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Division 1—Cartel conduct

Subdivision A—Introduction

45AA Simplified outline

The following is a simplified outline of this Division:

• This Division sets out parallel offences and civil penalty

provisions relating to cartel conduct.

• A person must not make, or give effect to, a contract,

arrangement or understanding that contains a cartel provision.

• A cartel provision is a provision relating to:

(a) price-fixing; or

(b) restricting outputs in the production and supply

chain; or

(c) allocating customers, suppliers or territories; or

(d) bid-rigging;

by parties that are, or would otherwise be, in competition with

each other.

45AB Definitions

In this Division:

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annual turnover, of a body corporate during a 12-month period,

means the sum of the values of all the supplies that the body

corporate, and any body corporate related to the body corporate,

have made, or are likely to make, during the 12-month period,

other than:

(a) supplies made from any of those bodies corporate to any

other of those bodies corporate; or

(b) supplies that are input taxed; or

(c) supplies that are not for consideration (and are not taxable

supplies under section 72-5 of the A New Tax System (Goods

and Services Tax) Act 1999); or

(d) supplies that are not made in connection with an enterprise

that the body corporate carries on; or

(e) supplies that are not connected with Australia.

Expressions used in this definition that are also used in the A New

Tax System (Goods and Services Tax) Act 1999 have the same

meaning as in that Act.

benefit includes any advantage and is not limited to property.

bid includes:

(a) tender; and

(b) the taking, by a potential bidder or tenderer, of a preliminary

step in a bidding or tendering process.

evidential burden, in relation to a matter, means the burden of

adducing or pointing to evidence that suggests a reasonable

possibility that the matter exists or does not exist.

knowledge has the same meaning as in the Criminal Code.

likely, in relation to any of the following:

(a) a supply of goods or services;

(b) an acquisition of goods or services;

(c) the production of goods;

(d) the capacity to supply services;

includes a possibility that is not remote.

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obtaining includes:

(a) obtaining for another person; and

(b) inducing a third person to do something that results in

another person obtaining.

party has a meaning affected by section 45AC.

production includes manufacture, processing, treatment, assembly,

disassembly, renovation, restoration, growing, raising, mining,

extraction, harvesting, fishing, capturing and gathering.

45AC Extended meaning of party

For the purposes of this Division, if a body corporate is a party to a

contract, arrangement or understanding (otherwise than because of

this section), each body corporate related to that body corporate is

taken to be a party to that contract, arrangement or understanding.

45AD Cartel provisions

(1) For the purposes of this Act, a provision of a contract, arrangement

or understanding is a cartel provision if:

(a) either of the following conditions is satisfied in relation to the

provision:

(i) the purpose/effect condition set out in subsection (2);

(ii) the purpose condition set out in subsection (3); and

(b) the competition condition set out in subsection (4) is satisfied

in relation to the provision.

Purpose/effect condition

(2) The purpose/effect condition is satisfied if the provision has the

purpose, or has or is likely to have the effect, of directly or

indirectly:

(a) fixing, controlling or maintaining; or

(b) providing for the fixing, controlling or maintaining of;

the price for, or a discount, allowance, rebate or credit in relation

to:

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(c) goods or services supplied, or likely to be supplied, by any or

all of the parties to the contract, arrangement or

understanding; or

(d) goods or services acquired, or likely to be acquired, by any or

all of the parties to the contract, arrangement or

understanding; or

(e) goods or services re-supplied, or likely to be re-supplied, by

persons or classes of persons to whom those goods or

services were supplied by any or all of the parties to the

contract, arrangement or understanding; or

(f) goods or services likely to be re-supplied by persons or

classes of persons to whom those goods or services are likely

to be supplied by any or all of the parties to the contract,

arrangement or understanding.

Note 1: The purpose/effect condition can be satisfied when a provision is

considered with related provisions—see subsection (8).

Note 2: Party has an extended meaning—see section 45AC.

Purpose condition

(3) The purpose condition is satisfied if the provision has the purpose

of directly or indirectly:

(a) preventing, restricting or limiting:

(i) the production, or likely production, of goods by any or

all of the parties to the contract, arrangement or

understanding; or

(ii) the capacity, or likely capacity, of any or all of the

parties to the contract, arrangement or understanding to

supply services; or

(iii) the supply, or likely supply, of goods or services to

persons or classes of persons by any or all of the parties

to the contract, arrangement or understanding; or

(iv) the acquisition, or likely acquisition, of goods or

services from persons or classes of persons by any or all

of the parties to the contract, arrangement or

understanding; or

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(b) allocating between any or all of the parties to the contract,

arrangement or understanding:

(i) the persons or classes of persons who have acquired, or

who are likely to acquire, goods or services from any or

all of the parties to the contract, arrangement or

understanding; or

(ii) the persons or classes of persons who have supplied, or

who are likely to supply, goods or services to any or all

of the parties to the contract, arrangement or

understanding; or

(iii) the geographical areas in which goods or services are

supplied, or likely to be supplied, by any or all of the

parties to the contract, arrangement or understanding; or

(iv) the geographical areas in which goods or services are

acquired, or likely to be acquired, by any or all of the

parties to the contract, arrangement or understanding; or

(c) ensuring that in the event of a request for bids in relation to

the supply or acquisition of goods or services:

(i) one or more parties to the contract, arrangement or

understanding bid, but one or more other parties do not;

or

(ii) 2 or more parties to the contract, arrangement or

understanding bid, but at least 2 of them do so on the

basis that one of those bids is more likely to be

successful than the others; or

(iii) 2 or more parties to the contract, arrangement or

understanding bid, but not all of those parties proceed

with their bids until the suspension or finalisation of the

request for bids process; or

(iv) 2 or more parties to the contract, arrangement or

understanding bid and proceed with their bids, but at

least 2 of them proceed with their bids on the basis that

one of those bids is more likely to be successful than the

others; or

(v) 2 or more parties to the contract, arrangement or

understanding bid, but a material component of at least

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one of those bids is worked out in accordance with the

contract, arrangement or understanding.

Note 1: For example, subparagraph (3)(a)(iii) will not apply in relation to a

roster for the supply of after-hours medical services if the roster does

not prevent, restrict or limit the supply of services.

Note 2: The purpose condition can be satisfied when a provision is considered

with related provisions—see subsection (9).

Note 3: Party has an extended meaning—see section 45AC.

Competition condition

(4) The competition condition is satisfied if at least 2 of the parties to

the contract, arrangement or understanding:

(a) are or are likely to be; or

(b) but for any contract, arrangement or understanding, would be

or would be likely to be;

in competition with each other in relation to:

(c) if paragraph (2)(c) or (3)(b) applies in relation to a supply, or

likely supply, of goods or services—the supply of those

goods or services in trade or commerce; or

(d) if paragraph (2)(d) or (3)(b) applies in relation to an

acquisition, or likely acquisition, of goods or services—the

acquisition of those goods or services in trade or commerce;

or

(e) if paragraph (2)(e) or (f) applies in relation to a re-supply, or

likely re-supply, of goods or services—the supply of those

goods or services in trade or commerce to that re-supplier; or

(f) if subparagraph (3)(a)(i) applies in relation to preventing,

restricting or limiting the production, or likely production, of

goods—the production of those goods in trade or commerce;

or

(g) if subparagraph (3)(a)(ii) applies in relation to preventing,

restricting or limiting the capacity, or likely capacity, to

supply services—the supply of those services in trade or

commerce; or

(h) if subparagraph (3)(a)(iii) applies in relation to preventing,

restricting or limiting the supply, or likely supply, of goods

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or services—the supply of those goods or services in trade or

commerce; or

(i) if subparagraph (3)(a)(iv) applies in relation to preventing,

restricting or limiting the acquisition, or likely acquisition, of

goods or services—the acquisition of those goods or services

in trade or commerce; or

(j) if paragraph (3)(c) applies in relation to a supply of goods or

services—the supply of those goods or services in trade or

commerce; or

(k) if paragraph (3)(c) applies in relation to an acquisition of

goods or services—the acquisition of those goods or services

in trade or commerce.

Note 1: Party has an extended meaning—see section 45AC.

Note 2: Trade or commerce is defined in section 4 to mean trade or commerce

within Australia or between Australia and places outside Australia.

Immaterial whether identities of persons can be ascertained

(5) It is immaterial whether the identities of the persons referred to in

paragraph (2)(e) or (f) or subparagraph (3)(a)(iii) or (iv) or (b)(i) or

(ii) can be ascertained.

Recommending prices etc.

(6) For the purposes of this Division, a provision of a contract,

arrangement or understanding is not taken:

(a) to have the purpose mentioned in subsection (2); or

(b) to have, or be likely to have, the effect mentioned in

subsection (2);

by reason only that it recommends, or provides for the

recommending of, a price, discount, allowance, rebate or credit.

Immaterial whether particular circumstances or particular

conditions

(7) It is immaterial whether:

(a) for the purposes of subsection (2), subparagraphs (3)(a)(iii)

and (iv) and paragraphs (3)(b) and (c)—a supply or

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acquisition happens, or a likely supply or likely acquisition is

to happen, in particular circumstances or on particular

conditions; and

(b) for the purposes of subparagraph (3)(a)(i)—the production

happens, or the likely production is to happen, in particular

circumstances or on particular conditions; and

(c) for the purposes of subparagraph (3)(a)(ii)—the capacity

exists, or the likely capacity is to exist, in particular

circumstances or on particular conditions.

Considering related provisions—purpose/effect condition

(8) For the purposes of this Division, a provision of a contract,

arrangement or understanding is taken to have the purpose, or to

have or be likely to have the effect, mentioned in subsection (2) if

the provision, when considered together with any or all of the

following provisions:

(a) the other provisions of the contract, arrangement or

understanding;

(b) the provisions of another contract, arrangement or

understanding, if the parties to that other contract,

arrangement or understanding consist of or include at least

one of the parties to the first-mentioned contract,

arrangement or understanding;

has that purpose, or has or is likely to have that effect.

Considering related provisions—purpose condition

(9) For the purposes of this Division, a provision of a contract,

arrangement or understanding is taken to have the purpose

mentioned in a paragraph of subsection (3) if the provision, when

considered together with any or all of the following provisions:

(a) the other provisions of the contract, arrangement or

understanding;

(b) the provisions of another contract, arrangement or

understanding, if the parties to that other contract,

arrangement or understanding consist of or include at least

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one of the parties to the first-mentioned contract,

arrangement or understanding;

has that purpose.

Purpose/effect of a provision

(10) For the purposes of this Division, a provision of a contract,

arrangement or understanding is not to be taken not to have the

purpose, or not to have or to be likely to have the effect, mentioned

in subsection (2) by reason only of:

(a) the form of the provision; or

(b) the form of the contract, arrangement or understanding; or

(c) any description given to the provision, or to the contract,

arrangement or understanding, by the parties.

Purpose of a provision

(11) For the purposes of this Division, a provision of a contract,

arrangement or understanding is not to be taken not to have the

purpose mentioned in a paragraph of subsection (3) by reason only

of:

(a) the form of the provision; or

(b) the form of the contract, arrangement or understanding; or

(c) any description given to the provision, or to the contract,

arrangement or understanding, by the parties.

45AE Meaning of expressions in other provisions of this Act

In determining the meaning of an expression used in a provision of

this Act (other than this Division, subsection 6(2C),

paragraph 76(1A)(aa) or subsection 93AB(1A)), this Division is to

be disregarded.

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Subdivision B—Offences etc.

45AF Making a contract etc. containing a cartel provision

Offence

(1) A person commits an offence if:

(a) the person makes a contract or arrangement, or arrives at an

understanding; and

(b) the contract, arrangement or understanding contains a cartel

provision.

(2) The fault element for paragraph (1)(b) is knowledge or belief.

Penalty

(3) An offence against subsection (1) committed by a body corporate

is punishable on conviction by a fine not exceeding the greater of

the following:

(a) $10,000,000;

(b) if the court can determine the total value of the benefits that:

(i) have been obtained by one or more persons; and

(ii) are reasonably attributable to the commission of the

offence;

3 times that total value;

(c) if the court cannot determine the total value of those

benefits—10% of the body corporate’s annual turnover

during the 12-month period ending at the end of the month in

which the body corporate committed, or began committing,

the offence.

(4) An offence against subsection (1) committed by a person other

than a body corporate is punishable on conviction by a term of

imprisonment not exceeding 10 years or a fine not exceeding 2,000

penalty units, or both.

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Indictable offence

(5) An offence against subsection (1) is an indictable offence.

45AG Giving effect to a cartel provision

Offence

(1) A person commits an offence if:

(a) a contract, arrangement or understanding contains a cartel

provision; and

(b) the person gives effect to the cartel provision.

(2) The fault element for paragraph (1)(a) is knowledge or belief.

Penalty

(3) An offence against subsection (1) committed by a body corporate

is punishable on conviction by a fine not exceeding the greater of

the following:

(a) $10,000,000;

(b) if the court can determine the total value of the benefits that:

(i) have been obtained by one or more persons; and

(ii) are reasonably attributable to the commission of the

offence;

3 times that total value;

(c) if the court cannot determine the total value of those

benefits—10% of the body corporate’s annual turnover

during the 12-month period ending at the end of the month in

which the body corporate committed, or began committing,

the offence.

(4) An offence against subsection (1) committed by a person other

than a body corporate is punishable on conviction by a term of

imprisonment not exceeding 10 years or a fine not exceeding 2,000

penalty units, or both.

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Pre-commencement contracts etc.

(5) Paragraph (1)(a) applies to contracts or arrangements made, or

understandings arrived at, before, at or after the commencement of

this section.

Indictable offence

(6) An offence against subsection (1) is an indictable offence.

45AH Determining guilt

(1) A person may be found guilty of an offence against section 45AF

or 45AG even if:

(a) each other party to the contract, arrangement or

understanding is a person who is not criminally responsible;

or

(b) subject to subsection (2), all other parties to the contract,

arrangement or understanding have been acquitted of the

offence.

Note: Party has an extended meaning—see section 45AC.

(2) A person cannot be found guilty of an offence against

section 45AF or 45AG if:

(a) all other parties to the contract, arrangement or understanding

have been acquitted of such an offence; and

(b) a finding of guilt would be inconsistent with their acquittal.

45AI Court may make related civil orders

If a prosecution against a person for an offence against

section 45AF or 45AG is being, or has been, heard by a court, the

court may:

(a) grant an injunction under section 80 against the person in

relation to:

(i) the conduct that constitutes, or is alleged to constitute,

the offence; or

(ii) other conduct of that kind; or

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(b) make an order under section 86C, 86D, 86E or 87 in relation

to the offence.

Subdivision C—Civil penalty provisions

45AJ Making a contract etc. containing a cartel provision

A person contravenes this section if:

(a) the person makes a contract or arrangement, or arrives at an

understanding; and

(b) the contract, arrangement or understanding contains a cartel

provision.

Note: For enforcement, see Part VI.

45AK Giving effect to a cartel provision

(1) A person contravenes this section if:

(a) a contract, arrangement or understanding contains a cartel

provision; and

(b) the person gives effect to the cartel provision.

Note: For enforcement, see Part VI.

(2) Paragraph (1)(a) applies to contracts or arrangements made, or

understandings arrived at, before, at or after the commencement of

this section.

Subdivision D—Exceptions

45AL Conduct notified

(1) Sections 45AF, 45AG, 45AJ and 45AK do not apply to a person in

relation to a contract, arrangement or understanding containing a

cartel provision, in so far as:

(a) the cartel provision:

(i) has the purpose, or has or is likely to have the effect,

mentioned in subsection 45AD(2); or

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(ii) has the purpose mentioned in a paragraph of

subsection 45AD(3) other than paragraph (c); and

(b) the person has given the Commission a collective bargaining

notice under subsection 93AB(1A) setting out particulars of

the contract, arrangement or understanding; and

(c) the notice is in force under section 93AD.

(2) A person who wishes to rely on subsection (1) bears an evidential

burden in relation to that matter.

45AM Cartel provision subject to grant of authorisation

(1) Sections 45AF and 45AJ do not apply in relation to the making of

a contract that contains a cartel provision if:

(a) the contract is subject to a condition that the provision will

not come into force unless and until the person is granted an

authorisation to give effect to the provision; and

(b) the person applies for the grant of such an authorisation

within 14 days after the contract is made.

(2) A person who wishes to rely on subsection (1) bears an evidential

burden in relation to that matter.

45AN Contracts, arrangements or understandings between related

bodies corporate

(1) Sections 45AF, 45AG, 45AJ and 45AK do not apply in relation to

a contract, arrangement or understanding if the only parties to the

contract, arrangement or understanding are bodies corporate that

are related to each other.

(2) A person who wishes to rely on subsection (1) bears an evidential

burden in relation to that matter.

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45AO Joint ventures—prosecution

(1) Sections 45AF and 45AG do not apply in relation to a contract,

arrangement or understanding containing a cartel provision if the

defendant proves that:

(a) the cartel provision is:

(i) for the purposes of a joint venture; and

(ii) reasonably necessary for undertaking the joint venture;

and

(b) the joint venture is for any one or more of the following:

(i) production of goods;

(ii) supply of goods or services;

(iii) acquisition of goods or services; and

(c) the joint venture is not carried on for the purpose of

substantially lessening competition; and

(d) in a case where subparagraph 4J(a)(i) applies to the joint

venture—the joint venture is carried on jointly by the parties

to the contract, arrangement or understanding; and

(e) in a case where subparagraph 4J(a)(ii) applies to the joint

venture—the joint venture is carried on by a body corporate

formed by the parties to the contract, arrangement or

understanding for the purpose of enabling those parties to

carry on the activity mentioned in paragraph (b) jointly by

means of:

(i) their joint control; or

(ii) their ownership of shares in the capital;

of that body corporate.

Note: For example, if a joint venture formed for the purpose of research and

development provides the results of its research and development to

participants in the joint venture, it may be a joint venture for the

supply of services.

(2) A defendant who wishes to rely on subsection (1) must prove that

matter on the balance of probabilities.

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45AP Joint ventures—civil penalty proceedings

(1) Sections 45AJ and 45AK do not apply in relation to a contract,

arrangement or understanding containing a cartel provision if the

defendant proves that:

(a) the cartel provision is:

(i) for the purposes of a joint venture; and

(ii) reasonably necessary for undertaking the joint venture;

and

(b) the joint venture is for any one or more of the following:

(i) production of goods;

(ii) supply of goods or services;

(iii) acquisition of goods or services; and

(c) the joint venture is not carried on for the purpose of

substantially lessening competition; and

(d) in a case where subparagraph 4J(a)(i) applies to the joint

venture—the joint venture is carried on jointly by the parties

to the contract, arrangement or understanding; and

(e) in a case where subparagraph 4J(a)(ii) applies to the joint

venture—the joint venture is carried on by a body corporate

formed by the parties to the contract, arrangement or

understanding for the purpose of enabling those parties to

carry on the activity mentioned in paragraph (b) jointly by

means of:

(i) their joint control; or

(ii) their ownership of shares in the capital;

of that body corporate.

Note: For example, if a joint venture formed for the purpose of research and

development provides the results of its research and development to

participants in the joint venture, it may be a joint venture for the

supply of services.

(2) A defendant who wishes to rely on subsection (1) must prove that

matter on the balance of probabilities.

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Section 45AQ

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45AQ Resale price maintenance

(1) Sections 45AF, 45AG, 45AJ and 45AK do not apply in relation to

a contract, arrangement or understanding containing a cartel

provision, in so far as the cartel provision relates to:

(a) conduct that contravenes section 48; or

(b) conduct that would contravene section 48 but for the

operation of section 88; or

(c) conduct that would contravene section 48 if this Act defined

the acts constituting the practice of resale price maintenance

by reference to the maximum price at which goods or

services are to be sold or supplied or are to be advertised,

displayed or offered for sale or supply.

(2) A person who wishes to rely on subsection (1) bears an evidential

burden in relation to that matter.

45AR Exclusive dealing

(1) Sections 45AF and 45AJ do not apply in relation to the making of

a contract, arrangement or understanding that contains a cartel

provision, in so far as giving effect to the cartel provision would, or

would but for the operation of subsection 47(10) or section 88 or

93, constitute a contravention of section 47.

(2) Sections 45AG and 45AK do not apply in relation to the giving

effect to a cartel provision by way of:

(a) engaging in conduct that contravenes, or would but for the

operation of subsection 47(10) or section 88 or 93

contravene, section 47; or

(b) doing an act by reason of a breach or threatened breach of a

condition referred to in subsection 47(2), (4), (6) or (8), being

an act done by a person at a time when:

(i) an authorisation under section 88 is in force in relation

to conduct engaged in by that person on that condition;

or

(ii) by reason of subsection 93(7), conduct engaged in by

that person on that condition is not to be taken to have

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Section 45AS

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the effect of substantially lessening competition within

the meaning of section 47; or

(iii) a notice under subsection 93(1) is in force in relation to

conduct engaged in by that person on that condition.

(3) A person who wishes to rely on subsection (1) or (2) bears an

evidential burden in relation to that matter.

45AS Dual listed company arrangement

(1) Sections 45AF and 45AJ do not apply in relation to the making of

a contract, arrangement or understanding that contains a cartel

provision, in so far as:

(a) the contract, arrangement or understanding is a dual listed

company arrangement; and

(b) the making of the contract, arrangement or understanding

would, or would apart from section 88, contravene

section 49.

(2) Sections 45AG and 45AK do not apply in relation to the giving

effect to a cartel provision, in so far as:

(a) the cartel provision is a provision of a dual listed company

arrangement; and

(b) the giving effect to the cartel provision would, or would apart

from section 88, contravene section 49.

(3) A person who wishes to rely on subsection (1) or (2) bears an

evidential burden in relation to that matter.

45AT Acquisition of shares or assets

(1) Sections 45AF, 45AG, 45AJ and 45AK do not apply in relation to

a contract, arrangement or understanding containing a cartel

provision, in so far as the cartel provision provides directly or

indirectly for the acquisition of:

(a) any shares in the capital of a body corporate; or

(b) any assets of a person.

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(2) A person who wishes to rely on subsection (1) bears an evidential

burden in relation to that matter.

45AU Collective acquisition of goods or services by the parties to a

contract, arrangement or understanding

(1) Sections 45AF, 45AG, 45AJ and 45AK do not apply in relation to

a contract, arrangement or understanding containing a cartel

provision, in so far as:

(a) the cartel provision has the purpose, or has or is likely to

have the effect, mentioned in subsection 45AD(2); and

(b) either:

(i) the cartel provision relates to the price for goods or

services to be collectively acquired, whether directly or

indirectly, by the parties to the contract, arrangement or

understanding; or

(ii) the cartel provision is for the joint advertising of the

price for the re-supply of goods or services so acquired.

(2) A person who wishes to rely on subsection (1) bears an evidential

burden in relation to that matter.

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Section 45

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Division 2—Other provisions

45 Contracts, arrangements or understandings that restrict dealings

or affect competition

(1) A person must not:

(a) make a contract or arrangement, or arrive at an

understanding, if a provision of the proposed contract,

arrangement or understanding has the purpose, or would have

or be likely to have the effect, of substantially lessening

competition; or

(b) give effect to a provision of a contract, arrangement or

understanding, if that provision has the purpose, or has or is

likely to have the effect, of substantially lessening

competition; or

(c) engage with one or more other persons in a concerted

practice that has the purpose, or has or is likely to have the

effect, of substantially lessening competition.

(2) Paragraph (1)(b) applies in relation to contracts or arrangements

made, or understandings arrived at, before or after the

commencement of this section.

(3) For the purposes of this section, competition means:

(a) in relation to a provision of a contract, arrangement or

understanding or of a proposed contract, arrangement or

understanding—competition in any market in which:

(i) a person who is a party to the contract, arrangement or

understanding, or would be a party to the proposed

contract, arrangement or understanding; or

(ii) any body corporate related to such a person;

supplies or acquires, or is likely to supply or acquire, goods

or services or would, but for the provision, supply or acquire,

or be likely to supply or acquire, goods or services; or

(b) in relation to a concerted practice—competition in any

market in which:

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(i) a person who is a party to the practice; or

(ii) any body corporate related to such a person;

supplies or acquires, or is likely to supply or acquire, goods

or services or would, but for the practice, supply or acquire,

or be likely to supply or acquire, goods or services.

(4) For the purposes of the application of this section in relation to a

particular person, a provision of a contract, arrangement or

understanding or of a proposed contract, arrangement or

understanding shall be deemed to have or to be likely to have the

effect of substantially lessening competition if that provision and

any one or more of the following provisions, namely:

(a) the other provisions of that contract, arrangement or

understanding or proposed contract, arrangement or

understanding; and

(b) the provisions of any other contract, arrangement or

understanding or proposed contract, arrangement or

understanding to which the person or a body corporate

related to the person is or would be a party;

together have or are likely to have that effect.

(5) This section does not apply to or in relation to a provision of a

contract, arrangement or understanding or of a proposed contract,

arrangement or understanding, or to or in relation to a concerted

practice, in so far as the provision or practice relates to:

(a) conduct that contravenes section 48; or

(b) conduct that would contravene section 48 if subsection 48(2)

did not apply; or

(c) conduct that would contravene section 48 if it were not

authorised under section 88; or

(d) conduct that would contravene section 48 if this Act defined

the acts constituting the practice of resale price maintenance

by reference to the maximum price at which goods or

services are to be sold or supplied or are to be advertised,

displayed or offered for sale or supply.

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Section 45

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(5A) The making of a contract, arrangement or understanding does not

constitute a contravention of this section because the contract,

arrangement or understanding contains a provision the giving

effect to which would, or would apart from subsection 47(10) or

section 88 or 93, constitute a contravention of section 47.

(6) This section does not apply to or in relation to the giving effect to a

provision of a contract, arrangement or understanding, or to or in

relation to engaging in a concerted practice, by way of:

(a) engaging in conduct that contravenes, or would but for the

operation of subsection 47(10) or section 88 or 93

contravene, section 47; or

(b) doing an act by reason of a breach or threatened breach of a

condition referred to in subsection 47(2), (4), (6) or (8), being

an act done by a person at a time when:

(i) an authorization under section 88 is in force in relation

to conduct engaged in by that person on that condition;

or

(ii) by reason of subsection 93(7) conduct engaged in by

that person on that condition is not to be taken to have

the effect of substantially lessening competition within

the meaning of section 47; or

(iii) a notice under subsection 93(1) is in force in relation to

conduct engaged in by that person on that condition.

(6A) The following conduct:

(a) the making of a dual listed company arrangement;

(b) the giving effect to a provision of a dual listed company

arrangement;

does not contravene this section if the conduct would, or would

apart from section 88, contravene section 49.

(7) This section does not apply to or in relation to:

(a) a contract, arrangement or understanding to the extent that

the contract, arrangement or understanding directly or

indirectly provides for; or

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(b) a proposed contract, arrangement or understanding to the

extent that the proposed contract, arrangement or

understanding would directly or indirectly provide for; or

(c) a concerted practice to the extent that the practice directly or

indirectly involves;

the acquisition of any shares in the capital of a body corporate or

any assets of a person.

(8) This section does not apply to or in relation to:

(a) a contract, arrangement or understanding, or

(b) a proposed contract, arrangement or understanding; or

(c) a concerted practice;

the only parties to which are or would be bodies corporate that are

related to each other.

(8AA) This section does not apply to or in relation to a concerted practice

if the only persons engaging in it are or would be:

(a) the Crown in right of the Commonwealth and one or more

authorities of the Commonwealth; or

(b) the Crown in right of a State or Territory and one or more

authorities of that State or Territory.

(8A) Subsection (1) does not apply to a person engaging in conduct

described in that subsection if:

(a) the person has given the Commission a collective bargaining

notice under subsection 93AB(1) describing the conduct; and

(b) the notice is in force under section 93AD.

(9) The making by a person of a contract that contains a provision in

relation to which the person intends to apply for an authorisation

under section 88 is not a contravention of subsection (1) of this

section if:

(a) the contract is subject to a condition that the provision will

not come into force unless and until the person is granted an

authorization to give effect to the provision; and

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(b) the person applies for the grant of such an authorization

within 14 days after the contract is made;

but nothing in this subsection prevents the giving effect by a

person to such a provision from constituting a contravention of

subsection (1).

45D Secondary boycotts for the purpose of causing substantial loss

or damage

(1) A person must not, in concert with a second person, engage in

conduct:

(a) that hinders or prevents:

(i) a third person supplying goods or services to a fourth

person (who is not an employer of the first person or the

second person); or

(ii) a third person acquiring goods or services from a fourth

person (who is not an employer of the first person or the

second person); and

(b) that is engaged in for the purpose, and would have or be

likely to have the effect, of causing substantial loss or

damage to the business of the fourth person.

Note 1: Conduct that would otherwise contravene this section can be

authorised under section 88.

Note 2: This section also has effect subject to section 45DD, which deals with

permitted boycotts.

(2) A person is taken to engage in conduct for a purpose mentioned in

subsection (1) if the person engages in the conduct for purposes

that include that purpose.

45DA Secondary boycotts for the purpose of causing substantial

lessening of competition

(1) A person must not, in concert with a second person, engage in

conduct:

(a) that hinders or prevents:

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(i) a third person supplying goods or services to a fourth

person (who is not an employer of the first person or the

second person); or

(ii) a third person acquiring goods or services from a fourth

person (who is not an employer of the first person or the

second person); and

(b) that is engaged in for the purpose, and would have or be

likely to have the effect, of causing a substantial lessening of

competition in any market in which the fourth person

supplies or acquires goods or services.

Note 1: Conduct that would otherwise contravene this section can be

authorised under section 88.

Note 2: This section also has effect subject to section 45DD, which deals with

permitted boycotts.

(2) A person is taken to engage in conduct for a purpose mentioned in

subsection (1) if the person engages in the conduct for purposes

that include that purpose.

Note: This version of Part IV does not contain an equivalent of

section 45DB of the Competition and Consumer Act 2010.

45DC Involvement and liability of employee organisations

Certain organisations taken to be acting in concert

(1) If 2 or more persons (the participants), each of whom is a member

or officer of the same organisation of employees, engage in

conduct in concert with one another, whether or not the conduct is

also engaged in in concert with another person, then, unless the

organisation proves otherwise, the organisation is taken for the

purposes of sections 45D and 45DA:

(a) to engage in that conduct in concert with the participants; and

(b) to have engaged in that conduct for the purposes for which

the participants engaged in it.

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Consequences of organisation contravening subsection 45D(1) or

45DA(1)

(2) The consequences of an organisation of employees engaging, or

being taken by subsection (1) to engage, in conduct in concert with

any of its members or officers in contravention of

subsection 45D(1) or 45DA(1) are as set out in subsections (3), (4)

and (5).

Loss or damage taken to have been caused by organisation’s

conduct

(3) Any loss or damage suffered by a person as a result of the conduct

is taken, for the purposes of this Act, to have been caused by the

conduct of the organisation.

Taking proceedings if organisation is a body corporate

(4) If the organisation is a body corporate, no action under section 82

to recover the amount of the loss or damage may be brought

against any of the members or officers of the organisation in

respect of the conduct.

Taking proceedings if organisation is not a body corporate

(5) If the organisation is not a body corporate:

(a) a proceeding in respect of the conduct may be brought under

section 77, 80 or 82 against an officer of the organisation as a

representative of the organisation’s members and the

proceeding is taken to be a proceeding against all the persons

who were members of the organisation at the time when the

conduct was engaged in; and

(b) subsection 76(2) does not prevent an order being made in a

proceeding mentioned in paragraph (a) that was brought

under section 77; and

(c) the maximum pecuniary penalty that may be imposed in a

proceeding mentioned in paragraph (a) that was brought

under section 77 is the penalty applicable under section 76 in

relation to a body corporate; and

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(d) except as provided by paragraph (a), a proceeding in respect

of the conduct must not be brought under section 77 or 82

against any of the members or officers of the organisation;

and

(e) for the purpose of enforcing any judgment or order given or

made in a proceeding mentioned in paragraph (a) that was

brought under section 77 or 82, process may be issued and

executed against the following property or interests as if the

organisation were a body corporate and the absolute owner of

the property or interests:

(i) any property of the organisation or of any branch or part

of the organisation, whether vested in trustees or

however otherwise held;

(ii) any property in which the organisation or any branch or

part of the organisation has a beneficial interest,

whether vested in trustees or however otherwise held;

(iii) any property in which any members of the organisation

or of a branch or part of the organisation have a

beneficial interest in their capacity as members, whether

vested in trustees or however otherwise held; and

(f) if paragraph (e) applies, no process is to be issued or

executed against any property of members or officers of the

organisation or of a branch or part of the organisation except

as provided in that paragraph.

45DD Situations in which boycotts permitted

Dominant purpose of conduct relates to employment matters—

conduct by a person

(1) A person does not contravene, and is not involved in a

contravention of, subsection 45D(1) or 45DA(1) by engaging in

conduct if the dominant purpose for which the conduct is engaged

in is substantially related to the remuneration, conditions of

employment, hours of work or working conditions of that person or

of another person employed by an employer of that person.

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Dominant purpose of conduct relates to employment matters—

conduct by employee organisation and employees

(2) If:

(a) an employee, or 2 or more employees who are employed by

the same employer, engage in conduct in concert with

another person who is, or with other persons each of whom

is:

(i) an organisation of employees; or

(ii) an officer of an organisation of employees; and

(b) the conduct is only engaged in by the persons covered by

paragraph (a); and

(c) the dominant purpose for which the conduct is engaged in is

substantially related to the remuneration, conditions of

employment, hours of work or working conditions of the

employee, or any of the employees, covered by

paragraph (a);

the persons covered by paragraph (a) do not contravene, and are

not involved in a contravention of, subsection 45D(1) or 45DA(1)

by engaging in the conduct.

Dominant purpose of conduct relates to environmental protection

or consumer protection

(3) A person does not contravene, and is not involved in a

contravention of, subsection 45D(1) or 45DA(1) by engaging in

conduct if:

(a) the dominant purpose for which the conduct is engaged in is

substantially related to environmental protection or consumer

protection; and

(b) engaging in the conduct is not industrial action.

Note 1: If an environmental organisation or a consumer organisation is a body

corporate:

(a) it is a “person” who may be subject to the prohibitions in subsections 45D(1) and 45DA(1) and who may also be covered by this exemption; and

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(b) each of its members is a “person” who may be subject to the prohibitions in subsections 45D(1) and 45DA(1) and who may also be covered by this exemption.

Note 2: If an environmental organisation or a consumer organisation is not a

body corporate:

(a) it is not a “person” and is therefore not subject to the prohibitions in subsections 45D(1) and 45DA(1) (consequently, this exemption does not cover the organisation as such); but

(b) each of its members is a “person” who may be subject to the prohibitions in subsections 45D(1) and 45DA(1) and who may also be covered by this exemption.

Meaning of industrial action—basic definition

(4) In subsection (3), industrial action means:

(a) the performance of work in a manner different from that in

which it is customarily performed, or the adoption of a

practice in relation to work, the result of which is a restriction

or limitation on, or a delay in, the performance of the work,

where:

(i) the terms and conditions of the work are prescribed,

wholly or partly, by a workplace instrument or an order

of an industrial body; or

(ii) the work is performed, or the practice is adopted, in

connection with an industrial dispute; or

(b) a ban, limitation or restriction on the performance of work, or

on acceptance of or offering for work, in accordance with the

terms and conditions prescribed by a workplace instrument or

by an order of an industrial body; or

(c) a ban, limitation or restriction on the performance of work, or

on acceptance of or offering for work, that is adopted in

connection with an industrial dispute; or

(d) a failure or refusal by persons to attend for work or a failure

or refusal to perform any work at all by persons who attend

for work.

For this purpose, industrial body and workplace instrument have

the same meanings as in the Fair Work Act 2009.

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Meaning of industrial action—further clarification

(5) For the purposes of subsection (3):

(a) conduct is capable of constituting industrial action even if the

conduct relates to part only of the duties that persons are

required to perform in the course of their employment; and

(b) a reference to industrial action includes a reference to a

course of conduct consisting of a series of industrial actions.

Subsections (1), (2) and (3) do not protect people not covered by

them

(6) In applying subsection 45D(1) or 45DA(1) to a person who is not

covered by subsection (1), (2) or (3) in respect of certain conduct,

disregard the fact that other persons may be covered by one of

those subsections in respect of the same conduct.

Note: Section 415 of the Fair Work Act 2009 limits the right to bring actions

under the Competition Code in respect of industrial action that is

protected action for the purposes of that section.

45E Prohibition of contracts, arrangements or understandings

affecting the supply or acquisition of goods or services

Situations to which section applies

(1) This section applies in the following situations:

(a) a supply situation—in this situation, a person (the first

person) has been accustomed, or is under an obligation, to

supply goods or services to another person (the second

person); or

(b) an acquisition situation—in this situation, a person (the first

person) has been accustomed, or is under an obligation, to

acquire goods or services from another person (the second

person).

Note : For the meanings of accustomed to supply and accustomed to

acquire, see subsections (5) and (7).

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Prohibition in a supply situation

(2) In a supply situation, the first person must not make a contract or

arrangement, or arrive at an understanding, with an organisation of

employees, an officer of such an organisation or a person acting for

and on behalf of such an officer or organisation, if the proposed

contract, arrangement or understanding contains a provision

included for the purpose, or for purposes including the purpose, of:

(a) preventing or hindering the first person from supplying or

continuing to supply such goods or services to the second

person; or

(b) preventing or hindering the first person from supplying or

continuing to supply such goods or services to the second

person, except subject to a condition:

(i) that is not a condition to which the supply of such goods

or services by the first person to the second person has

previously been subject because of a provision in a

contract between those persons; and

(ii) that is about the persons to whom, the manner in which

or the terms on which the second person may supply

any goods or services.

Prohibition in an acquisition situation

(3) In an acquisition situation, the first person must not make a

contract or arrangement, or arrive at an understanding, with an

organisation of employees, an officer of such an organisation or a

person acting for and on behalf of such an officer or organisation,

if the proposed contract, arrangement or understanding contains a

provision included for the purpose, or for purposes including the

purpose, of:

(a) preventing or hindering the first person from acquiring or

continuing to acquire such goods or services from the second

person; or

(b) preventing or hindering the first person from acquiring or

continuing to acquire such goods or services from the second

person, except subject to a condition:

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(i) that is not a condition to which the acquisition of such

goods or services by the first person from the second

person has previously been subject because of a

provision in a contract between those persons; and

(ii) that is about the persons to whom, the manner in which

or the terms on which the second person may supply

any goods or services.

No contravention if second person gives written consent to written

contract etc.

(4) Subsections (2) and (3) do not apply to a contract, arrangement or

understanding if it is in writing and was made or arrived at with the

written consent of the second person.

Meaning of accustomed to supply

(5) In this section, a reference to a person who has been accustomed to

supply goods or services to a second person includes (subject to

subsection (6)):

(a) a regular supplier of such goods or services to the second

person; or

(b) the latest supplier of such goods or services to the second

person; or

(c) a person who, at any time during the immediately preceding

3 months, supplied such goods or services to the second

person.

Exception to subsection (5)

(6) If:

(a) goods or services have been supplied by a person to a second

person under a contract between them that required the first

person to supply such goods or services over a period; and

(b) the period has ended; and

(c) after the end of the period, the second person has been

supplied with such goods or services by another person and

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has not also been supplied with such goods or services by the

first person;

then, for the purposes of the application of this section in relation

to anything done after the second person has been supplied with

goods or services as mentioned in paragraph (c), the first person is

not to be taken to be a person who has been accustomed to supply

such goods or services to the second person.

Meaning of accustomed to acquire

(7) In this section, a reference to a person who has been accustomed to

acquire goods or services from a second person includes (subject

to subsection (8)):

(a) a regular acquirer of such goods or services from the second

person; or

(b) a person who, when last acquiring such goods or services,

acquired them from the second person; or

(c) a person who, at any time during the immediately preceding

3 months, acquired such goods or services from the second

person.

Exception to subsection (7)

(8) If:

(a) goods or services have been acquired by a person from a

second person under a contract between them that required

the first person to acquire such goods or services over a

period; and

(b) the period has ended; and

(c) after the end of the period, the second person has refused to

supply such goods or services to the first person;

then, for the purposes of the application of this section in relation

to anything done after the second person has refused to supply

goods or services as mentioned in paragraph (c), the first person is

not to be taken to be a person who has been accustomed to acquire

such goods or services from the second person.

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Note: Conduct that would otherwise contravene this section can be

authorised under section 88.

45EA Provisions contravening section 45E not to be given effect

A person must not give effect to a provision of a contract,

arrangement or understanding if, because of the provision, the

making of the contract or arrangement, or the arriving at the

understanding, by the person:

(a) contravened subsection 45E(2) or (3); or

(b) would have contravened subsection 45E(2) or (3) if:

(i) section 45E had been in force when the contract or

arrangement was made, or the understanding was

arrived at; and

(ii) the words “is in writing and” and “written” were not

included in subsection 45E(4).

Note: Conduct that would otherwise contravene this section can be

authorised under section 88.

45EB Sections 45D to 45EA do not affect operation of other

provisions of Part

Nothing in section 45D, 45DA, 45DC, 45DD, 45E or 45EA affects

the operation of any other provision of this Part.

46 Misuse of market power

(1) A person who has a substantial degree of power in a market must

not engage in conduct that has the purpose, or has or is likely to

have the effect, of substantially lessening competition in:

(a) that market; or

(b) any other market in which that person, or a body corporate

that is related to that person:

(i) supplies goods or services, or is likely to supply goods

or services; or

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(ii) supplies goods or services, or is likely to supply goods

or services, indirectly through one or more other

persons; or

(c) any other market in which that person, or a body corporate

that is related to that person:

(i) acquires goods or services, or is likely to acquire goods

or services; or

(ii) acquires goods or services, or is likely to acquire goods

or services, indirectly through one or more other

persons.

(3) A person (the first person) is taken for the purposes of this section

to have a substantial degree of power in a market if:

(a) a body corporate that is related to the first person has, or 2 or

more bodies corporate each of which is related to the first

person together have, a substantial degree of power in that

market; or

(b) the first person and a body corporate that is, or the first

person and 2 or more bodies corporate each of which is,

related to the first person, together have a substantial degree

of power in that market.

(4) In determining for the purposes of this section the degree of power

that a person (the first person) or bodies corporate have in a

market:

(a) regard must be had to the extent to which the conduct of the

first person or of any of those bodies corporate in that market

is constrained by the conduct of:

(i) competitors, or potential competitors, of the first person

or of any of those bodies corporate in that market; or

(ii) persons to whom or from whom the first person or any

of those bodies corporate supplies or acquires goods or

services in that market; and

(b) regard may be had to the power the first person or bodies

corporate have in that market that results from:

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(i) any contracts, arrangements or understandings that the

first person or bodies corporate have with another party

or other parties; or

(ii) any proposed contracts, arrangements or understandings

that the first person or bodies corporate may have with

another party or other parties.

(5) For the purposes of this section, a person may have a substantial

degree of power in a market even though:

(a) the person does not substantially control that market; or

(b) the person does not have absolute freedom from constraint by

the conduct of:

(i) competitors, or potential competitors, of the person in

that market; or

(ii) persons to whom or from whom the person supplies or

acquires goods or services in that market.

(6) Subsections (4) and (5) do not limit the matters to which regard

may be had in determining, for the purposes of this section, the

degree of power that a person or bodies corporate have in a market.

(7) To avoid doubt, for the purposes of this section, more than one

person may have a substantial degree of power in a market.

(8) In this section:

(a) a reference to power is a reference to market power; and

(b) a reference to a market is a reference to a market for goods or

services; and

(c) a reference to power in relation to, or to conduct in, a market

is a reference to power, or to conduct, in that market either as

a supplier or as an acquirer of goods or services in that

market.

47 Exclusive dealing

(1) Subject to this section, a person shall not, in trade or commerce,

engage in the practice of exclusive dealing.

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(2) A person (the first person) engages in the practice of exclusive

dealing if the first person:

(a) supplies, or offers to supply, goods or services;

(b) supplies, or offers to supply, goods or services at a particular

price; or

(c) gives or allows, or offers to give or allow, a discount,

allowance, rebate or credit in relation to the supply or

proposed supply of goods or services by the first person;

on the condition that the person (the second person) to whom the

first person supplies, or offers or proposes to supply, the goods or

services or, if the second person is a body corporate, a body

corporate related to that body corporate:

(d) will not, or will not except to a limited extent, acquire goods

or services, or goods or services of a particular kind or

description, directly or indirectly from a competitor of the

first person or from a competitor of a body corporate related

to the first person;

(e) will not, or will not except to a limited extent, re-supply

goods or services, or goods or services of a particular kind or

description, acquired directly or indirectly from a competitor

of the first person or from a competitor of a body corporate

related to the first person; or

(f) in the case where the first person supplies or would supply

goods or services, will not re-supply the goods or services to

any person, or will not, or will not except to a limited extent,

re-supply the goods or services:

(i) to particular persons or classes of persons or to persons

other than particular persons or classes of persons; or

(ii) in particular places or classes of places or in places

other than particular places or classes of places.

(3) A person (the first person) also engages in the practice of

exclusive dealing if the first person refuses:

(a) to supply goods or services to a second person;

(b) to supply goods or services to a second person at a particular

price; or

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(c) to give or allow a discount, allowance, rebate or credit in

relation to the supply or proposed supply of goods or services

to a second person;

for the reason that the second person or, if the second person is a

body corporate, a body corporate related to that body corporate:

(d) has acquired, or has not agreed not to acquire, goods or

services, or goods or services of a particular kind or

description, directly or indirectly from a competitor of the

first person or from a competitor of a body corporate related

to the first person;

(e) has re-supplied, or has not agreed not to re-supply, goods or

services, or goods or services of a particular kind or

description, acquired directly or indirectly from a competitor

of the first person or from a competitor of a body corporate

related to the first person; or

(f) has re-supplied, or has not agreed not to re-supply, goods or

services, or goods or services of a particular kind or

description, acquired from the first person to any person, or

has re-supplied, or has not agreed not to re-supply, goods or

services, or goods or services of a particular kind or

description, acquired from the first person:

(i) to particular persons or classes of persons or to persons

other than particular persons or classes of persons; or

(ii) in particular places or classes of places or in places

other than particular places or classes of places.

(4) A person (the first person) also engages in the practice of

exclusive dealing if the first person:

(a) acquires, or offers to acquire, goods or services; or

(b) acquires, or offers to acquire, goods or services at a particular

price;

on the condition that the person (the second person) from whom

the first person acquires or offers to acquire the goods or services

or, if the second person is a body corporate, a body corporate

related to that body corporate will not supply goods or services, or

goods or services of a particular kind or description, to any person,

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or will not, or will not except to a limited extent, supply goods or

services, or goods or services of a particular kind or description:

(c) to particular persons or classes of persons or to persons other

than particular persons or classes of persons; or

(d) in particular places or classes of places or in places other than

particular places or classes of places.

(5) A person (the first person) also engages in the practice of

exclusive dealing if the first person refuses:

(a) to acquire goods or services from a second person; or

(b) to acquire goods or services at a particular price from a

second person;

for the reason that the second person or, if the second person is a

body corporate, a body corporate related to that body corporate has

supplied, or has not agreed not to supply, goods or services, or

goods or services of a particular kind or description:

(c) to particular persons or classes of persons or to persons other

than particular persons or classes of persons; or

(d) in particular places or classes of places or in places other than

particular places or classes of places.

(6) A person (the first person) also engages in the practice of

exclusive dealing if the first person:

(a) supplies, or offers to supply, goods or services;

(b) supplies, or offers to supply, goods or services at a particular

price; or

(c) gives or allows, or offers to give or allow, a discount,

allowance, rebate or credit in relation to the supply or

proposed supply of goods or services by the first person;

on the condition that the person (the second person) to whom the

first person supplies or offers or proposes to supply the goods or

services or, if the second person is a body corporate, a body

corporate related to that body corporate will acquire goods or

services of a particular kind or description directly or indirectly

from another person not being a body corporate related to the first

person.

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(7) A person (the first person) also engages in the practice of

exclusive dealing if the first person refuses:

(a) to supply goods or services to a second person;

(b) to supply goods or services at a particular price to a second

person; or

(c) to give or allow a discount, allowance, rebate or credit in

relation to the supply of goods or services to a second person;

for the reason that the second person or, if the second person is a

body corporate, a body corporate related to that body corporate has

not acquired, or has not agreed to acquire, goods or services of a

particular kind or description directly or indirectly from another

person not being a body corporate related to the first person.

(8) A person (the first person) also engages in the practice of

exclusive dealing if the first person grants or renews, or makes it

known that the first person will not exercise a power or right to

terminate, a lease of, or a licence in respect of, land or a building or

part of a building on the condition that another party to the lease or

licence or, if that other party is a body corporate, a body corporate

related to that body corporate:

(a) will not, or will not except to a limited extent:

(i) acquire goods or services, or goods or services of a

particular kind or description, directly or indirectly from

a competitor of the first person or from a competitor of

a body corporate related to the first person; or

(ii) re-supply goods or services, or goods or services of a

particular kind or description, acquired directly or

indirectly from a competitor of the first person or from a

competitor of a body corporate related to the first

person;

(b) will not supply goods or services, or goods or services of a

particular kind or description, to any person, or will not, or

will not except to a limited extent, supply goods or services,

or goods or services of a particular kind or description:

(i) to particular persons or classes of persons or to persons

other than particular persons or classes of persons; or

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(ii) in particular places or classes of places or in places

other than particular places or classes of places; or

(c) will acquire goods or services of a particular kind or

description directly or indirectly from another person not

being a body corporate related to the first person.

(9) A person (the first person) also engages in the practice of

exclusive dealing if the first person refuses to grant or renew, or

exercises a power or right to terminate, a lease of, or a licence in

respect of, land or a building or part of a building for the reason

that another party to the lease or licence or, if that other party is a

body corporate, a body corporate related to that body corporate:

(a) has acquired, or has not agreed not to acquire, goods or

services, or goods or services of a particular kind or

description, directly or indirectly from a competitor of the

first person or from a competitor of a body corporate related

to the first person;

(b) has re-supplied, or has not agreed not to re-supply, goods or

services, or goods or services of a particular kind or

description, acquired directly or indirectly from a competitor

of the first person or from a competitor of a body corporate

related to the first person;

(c) has supplied goods or services, or goods or services of a

particular kind or description:

(i) to particular persons or classes of persons or to persons

other than particular persons or classes of persons; or

(ii) in particular places or classes of places or in places

other than particular places or classes of places; or

(d) has not acquired, or has not agreed to acquire, goods or

services of a particular kind or description directly or

indirectly from another person not being a body corporate

related to the first person.

(10) Subsection (1) does not apply to the practice of exclusive dealing

by a person unless:

(a) the engaging by the person in the conduct that constitutes the

practice of exclusive dealing has the purpose, or has or is

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likely to have the effect, of substantially lessening

competition; or

(b) the engaging by the person in the conduct that constitutes the

practice of exclusive dealing, and the engaging by the person,

or by a body corporate related to the person, in other conduct

of the same or a similar kind, together have or are likely to

have the effect of substantially lessening competition.

(11) Subsections (8) and (9) do not apply with respect to:

(a) conduct engaged in:

(i) by a registered charity; and

(ii) for or in accordance with the purposes or objects of that

registered charity; or

(b) conduct engaged in in pursuance of a legally enforceable

requirement made by a registered charity, being a

requirement made for or in accordance with the purposes or

objects of that registered charity.

(12) Subsection (1) does not apply with respect to any conduct engaged

in by a body corporate by way of restricting dealings by another

body corporate if those bodies corporate are related to each other.

(13) In this section:

(a) a reference to a condition shall be read as a reference to any

condition, whether direct or indirect and whether having

legal or equitable force or not, and includes a reference to a

condition the existence or nature of which is ascertainable

only by inference from the conduct of persons or from other

relevant circumstances;

(b) a reference to competition, in relation to conduct to which a

provision of this section other than subsection (8) or (9)

applies, shall be read as a reference to competition in any

market in which:

(i) the person engaging in the conduct or any body

corporate related to that person; or

(ii) any person whose business dealings are restricted,

limited or otherwise circumscribed by the conduct or, if

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that person is a body corporate, any body corporate

related to that body corporate;

supplies or acquires, or is likely to supply or acquire, goods

or services or would, but for the conduct, supply or acquire,

or be likely to supply or acquire, goods or services; and

(c) a reference to competition, in relation to conduct to which

subsection (8) or (9) applies, shall be read as a reference to

competition in any market in which the person engaging in

the conduct or any other person whose business dealings are

restricted, limited or otherwise circumscribed by the conduct,

or any body corporate related to either of those persons,

supplies or acquires, or is likely to supply or acquire, goods

or services or would, but for the conduct, supply or acquire,

or be likely to supply or acquire, goods or services.

48 Resale price maintenance

(1) A person shall not engage in the practice of resale price

maintenance.

(2) Subsection (1) does not apply to a person engaging in conduct that

constitutes the practice of resale price maintenance if:

(a) the person has given the Commission a notice under

subsection 93(1) describing the conduct; and

(b) the notice is in force under section 93.

49 Dual listed company arrangements that affect competition

(1) A person must not:

(a) make a dual listed company arrangement if a provision of the

proposed arrangement has the purpose, or would have or be

likely to have the effect, of substantially lessening

competition; or

(b) give effect to a provision of a dual listed company

arrangement if that provision has the purpose, or has or is

likely to have the effect, of substantially lessening

competition.

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Note: Conduct that would otherwise contravene this section can be

authorised under section 88.

Exception

(2) The making by a person of a dual listed company arrangement that

contains a provision that has the purpose, or would have or be

likely to have the effect, of substantially lessening competition

does not contravene this section if:

(a) the arrangement is subject to a condition that the provision

will not come into force unless and until the person is granted

an authorisation to give effect to the provision; and

(b) the person applies for the grant of such an authorisation

within 14 days after the arrangement is made.

However, this subsection does not permit the person to give effect

to such a provision.

Meaning of competition

(3) For the purposes of this section, competition, in relation to a

provision of a dual listed company arrangement or of a proposed

dual listed company arrangement, means competition in any

market in which:

(a) a person that is a party to the arrangement or would be a

party to the proposed arrangement; or

(b) any body corporate related to such a person;

supplies or acquires, or is likely to supply or acquire, goods or

services or would, apart from the provision, supply or acquire, or

be likely to supply or acquire, goods or services.

(4) For the purposes of the application of this section in relation to a

particular person, a provision of a dual listed company arrangement

or of a proposed dual listed company arrangement is taken to have,

or to be likely to have, the effect of substantially lessening

competition if that provision and any one or more of the following

provisions:

(a) the other provisions of that arrangement or proposed

arrangement;

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(b) the provisions of any other contract, arrangement or

understanding or proposed contract, arrangement or

understanding to which the person or a body corporate

related to the person is or would be a party;

together have or are likely to have that effect.

50 Prohibition of acquisitions that would result in a substantial

lessening of competition

(1) A person must not directly or indirectly:

(a) acquire shares in the capital of a body corporate; or

(b) acquire any assets of a person;

if the acquisition would have the effect, or be likely to have the

effect, of substantially lessening competition in any market.

Note: The person will not be prevented from making the acquisition if the

corporation is granted an authorisation for the acquisition under

section 88.

(3) Without limiting the matters that may be taken into account for the

purposes of subsection (1) in determining whether the acquisition

would have the effect, or be likely to have the effect, of

substantially lessening competition in a market, the following

matters must be taken into account:

(a) the actual and potential level of import competition in the

market;

(b) the height of barriers to entry to the market;

(c) the level of concentration in the market;

(d) the degree of countervailing power in the market;

(e) the likelihood that the acquisition would result in the acquirer

being able to significantly and sustainably increase prices or

profit margins;

(f) the extent to which substitutes are available in the market or

are likely to be available in the market;

(g) the dynamic characteristics of the market, including growth,

innovation and product differentiation;

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(h) the likelihood that the acquisition would result in the removal

from the market of a vigorous and effective competitor;

(i) the nature and extent of vertical integration in the market.

(4) Where:

(a) a person has entered into a contract to acquire shares in the

capital of a body corporate or assets of a person;

(b) the contract is subject to a condition that the provisions of the

contract relating to the acquisition will not come into force

unless and until the person has been granted an authorization

to acquire the shares or assets; and

(c) the person applied for the grant of such an authorization

before the expiration of 14 days after the contract was

entered into;

the acquisition of the shares or assets shall not be regarded for the

purposes of this Act as having taken place in pursuance of the

contract before:

(d) the application for the authorization is disposed of; or

(e) the contract ceases to be subject to the condition;

whichever first happens.

(5A) For the purposes of subsection (4), an application for an

authorisation is taken to be disposed of 14 days after the day the

Tribunal makes a determination on the application.

(6) In this section:

market means a market for goods or services in:

(a) Australia; or

(b) a State; or

(c) a Territory; or

(d) a region of Australia.

51 Exceptions

(1) In deciding whether a person has contravened this Part, the

following must be disregarded:

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(a) anything that is disregarded for the purposes of Part IV of the

Competition and Consumer Act 2010 because of

subsection 51(1) of that Act;

(b) anything done in a State, if the thing is specified in, and

specifically authorised by:

(i) an Act passed by the Parliament of that State; or

(ii) regulations made under such an Act;

(c) anything done in the Australian Capital Territory, if the thing

is specified in, and specifically authorised by:

(i) an enactment as defined in section 3 of the Australian

Capital Territory (Self-Government) Act 1988; or

(ii) regulations made under such an enactment;

(d) anything done in the Northern Territory, if the thing is

specified in, and specifically authorised by:

(i) an enactment as defined in section 4 of the Northern

Territory (Self-Government) Act 1978; or

(ii) regulations made under such an enactment;

(e) anything done in another Territory, if the thing is specified

in, and specifically authorised by:

(i) an Ordinance of that Territory; or

(ii) regulations made under such an Ordinance.

(1A) Without limiting subsection (1), conduct is taken to be specified in,

and authorised by, a law for the purposes of that subsection if:

(a) a licence or other instrument issued or made under the law

specifies one or both of the following:

(i) the person authorised to engage in the conduct;

(ii) the place where the conduct is to occur; and

(b) the law specifies the attributes of the conduct except those

mentioned in paragraph (a).

For this purpose, law means a State Act, enactment or Ordinance.

(1B) Subsections (1) and (1A) apply regardless of when the State Acts,

enactments, Ordinances, regulations or instruments referred to in

those subsections were passed, made or issued.

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(1C) The operation of subsection (1) (other than paragraph (1)(a)) is

subject to the following limitations:

(a) in order for something to be regarded as specifically

authorised for the purposes of subsection (1), the authorising

provision must expressly refer to the Competition Code;

(b) paragraphs (1)(b), (c), (d) and (e) do not apply in deciding

whether a person has contravened section 50;

(c) regulations referred to in subparagraph (1)(b)(ii), (c)(ii),

(d)(ii) or (e)(ii) do not have the effect of requiring a particular

thing to be disregarded if the thing happens more than 2

years after those regulations came into operation;

(d) regulations referred to in subparagraph (1)(b)(ii), (c)(ii) or

(d)(ii) do not have the effect of requiring a particular thing to

be disregarded to the extent that the regulations are the same

in substance as other regulations that:

(i) were made for the purposes of the subparagraph

concerned; and

(ii) came into operation more than 2 years before the

particular thing happened.

(2) In determining whether a contravention of a provision of this Part

other than section 45D, 45DA, 45E, 45EA or 48 has been

committed, regard shall not be had:

(a) to any act done, or concerted practice, to the extent that it

relates to the remuneration, conditions of employment, hours

of work or working conditions of employees; or

(aa) to:

(i) the making of a contract or arrangement, or the entering

into of an understanding; or

(ii) any provision of a contract, arrangement or

understanding;

to the extent that the contract, arrangement, understanding or

provision relates to the remuneration, conditions of

employment, hours of work or working conditions of

employees; or

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(b) to any provision of a contract of service or of a contract for

the provision of services, being a provision under which a

person, not being a body corporate, agrees to accept

restrictions as to the work, whether as an employee or

otherwise, in which he or she may engage during, or after the

termination of, the contract; or

(c) to:

(i) any provision of a contract, arrangement or

understanding; or

(ii) any concerted practice;

to the extent that the provision or concerted practice obliges a

person to comply with or apply standards of dimension,

design, quality or performance prepared or approved by

Standards Australia or a prescribed association or body; or

(d) to:

(i) any provision of a contract, arrangement or

understanding; or

(ii) any concerted practice;

between partners none of whom is a body corporate, to the

extent that the provision or concerted practice relates to:

(iii) the terms of the partnership; or

(iv) the conduct of the partnership business; or

(v) competition between the partnership and a party to the

contract, arrangement, understanding or concerted

practice, while the party is, or after the party ceases to

be, a partner; or

(e) in the case of a contract for the sale of a business or of shares

in the capital of a body corporate carrying on a business—to

any provision of the contract that is solely for the protection

of the purchaser in respect of the goodwill of the business; or

(g) to:

(i) any provision of a contract, arrangement or

understanding; or

(ii) any concerted practice;

to the extent that the provision or concerted practice relates

exclusively to:

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(iii) the export of goods from Australia; or

(iv) the supply of services outside Australia;

if full and accurate particulars of the provision or concerted

practice were given to the Commission no more than 14 days

after the day the contract or arrangement was made or the

understanding or concerted practice was entered into, or

before 8 September 1976, whichever was the later.

(2AA) For the purposes of paragraph (2)(g), the particulars to be given to

the Commission:

(a) need not include particulars of prices for the goods or

services; but

(b) must include particulars of any method of fixing, controlling

or maintaining such prices.

(2A) In determining whether a contravention of a provision of this Part

other than section 48 has been committed, regard shall not be had

to any acts done, otherwise than in the course of trade or

commerce, in concert by ultimate users or consumers of goods or

services against the suppliers of those goods or services.

(3) A contravention of a provision of this Part other than section 46 or

48 shall not be taken to have been committed by reason of:

(a) the imposing of, or giving effect to, a condition of:

(i) a licence granted by the proprietor, licensee or owner of

a patent, of a registered design, of a copyright or of EL

rights within the meaning of the Circuit Layouts Act

1989, or by a person who has applied for a patent or for

the registration of a design; or

(ii) an assignment of a patent, of a registered design, of a

copyright or of such EL rights, or of the right to apply

for a patent or for the registration of a design;

to the extent that the condition relates to:

(iii) the invention to which the patent or application for a

patent relates or articles made by the use of that

invention;

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(iv) goods in respect of which the design is, or is proposed

to be, registered and to which it is applied;

(v) the work or other subject matter in which the copyright

subsists; or

(vi) the eligible layout in which the EL rights subsist;

(b) the inclusion in a contract, arrangement or understanding

authorizing the use of a certification trade mark of a

provision in accordance with rules applicable under Part XI

of the Trade Marks Act 1955, or the giving effect to such a

provision; or

(c) the inclusion in a contract, arrangement or understanding

between:

(i) the registered proprietor of a trade mark other than a

certification trade mark; and

(ii) a person registered as a registered user of that trade

mark under Part IX of the Trade Marks Act 1955 or a

person authorized by the contract to use the trade mark

subject to his or her becoming registered as such a

registered user;

of a provision to the extent that it relates to the kinds,

qualities or standards of goods bearing the mark that may be

produced or supplied, or the giving effect to the provision to

that extent.

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Schedule 2—The Australian Consumer Law Note: See Part XI.

Chapter 1—Introduction 1 Application of this Schedule

2 Definitions

3 Meaning of consumer

4 Misleading representations with respect to future matters

5 When donations are treated as supplies or acquisitions

6 Related bodies corporate

7 Meaning of manufacturer

8 Goods affixed to land or premises

9 Meaning of safety defect in relation to goods

10 Asserting a right to payment

11 References to acquisition, supply and re-supply

12 Application of Schedule in relation to leases and licences of land

and buildings

13 Loss or damage to include injury

14 Meaning of continuing credit contract

15 Contraventions of this Schedule

16 Severability

17 References to provisions in this Schedule

Chapter 2—General protections

Part 2-1—Misleading or deceptive conduct 18 Misleading or deceptive conduct

19 Application of this Part to information providers

Part 2-2—Unconscionable conduct 20 Unconscionable conduct within the meaning of the unwritten law

21 Unconscionable conduct in connection with goods or services

22 Matters the court may have regard to for the purposes of

section 21

22A Presumptions relating to whether representations are misleading

Part 2-3—Unfair contract terms 23 Unfair terms of consumer contracts and small business contracts

24 Meaning of unfair

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25 Examples of unfair terms

26 Terms that define main subject matter of consumer contracts or

small business contracts etc. are unaffected

27 Standard form contracts

28 Contracts to which this Part does not apply

Chapter 3—Specific protections

Part 3-1—Unfair practices

Division 1—False or misleading representations etc.

29 False or misleading representations about goods or services

30 False or misleading representations about sale etc. of land

31 Misleading conduct relating to employment

32 Offering rebates, gifts, prizes etc.

33 Misleading conduct as to the nature etc. of goods

34 Misleading conduct as to the nature etc. of services

35 Bait advertising

36 Wrongly accepting payment

37 Misleading representations about certain business activities

38 Application of provisions of this Division to information providers

Division 2—Unsolicited supplies

39 Unsolicited cards etc.

40 Assertion of right to payment for unsolicited goods or services

41 Liability etc. of recipient for unsolicited goods

42 Liability of recipient for unsolicited services

43 Assertion of right to payment for unauthorised entries or

advertisements

Division 3—Pyramid schemes

44 Participation in pyramid schemes

45 Meaning of pyramid scheme

46 Marketing schemes as pyramid schemes

Division 4—Pricing

47 Multiple pricing

48 Single price to be specified in certain circumstances

Division 5—Other unfair practices

49 Referral selling

50 Harassment and coercion

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Part 3-2—Consumer transactions

Division 1—Consumer guarantees

Subdivision A—Guarantees relating to the supply of goods

51 Guarantee as to title

52 Guarantee as to undisturbed possession

53 Guarantee as to undisclosed securities etc.

54 Guarantee as to acceptable quality

55 Guarantee as to fitness for any disclosed purpose etc.

56 Guarantee relating to the supply of goods by description

57 Guarantees relating to the supply of goods by sample or

demonstration model

58 Guarantee as to repairs and spare parts

59 Guarantee as to express warranties

Subdivision B—Guarantees relating to the supply of services

60 Guarantee as to due care and skill

61 Guarantees as to fitness for a particular purpose etc.

62 Guarantee as to reasonable time for supply

63 Services to which this Subdivision does not apply

Subdivision C—Guarantees not to be excluded etc. by contract

64 Guarantees not to be excluded etc. by contract

64A Limitation of liability for failures to comply with guarantees

Subdivision D—Miscellaneous

65 Application of this Division to supplies of gas, electricity and

telecommunications

66 Display notices

67 Conflict of laws

68 Convention on Contracts for the International Sale of Goods

Division 2—Unsolicited consumer agreements

Subdivision A—Introduction

69 Meaning of unsolicited consumer agreement

70 Presumption that agreements are unsolicited consumer agreements

71 Meaning of dealer

72 Meaning of negotiation

Subdivision B—Negotiating unsolicited consumer agreements

73 Permitted hours for negotiating an unsolicited consumer

agreement

74 Disclosing purpose and identity

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75 Ceasing to negotiate on request

76 Informing person of termination period etc.

77 Liability of suppliers for contraventions by dealers

Subdivision C—Requirements for unsolicited consumer

agreements etc.

78 Requirement to give document to the consumer

79 Requirements for all unsolicited consumer agreements etc.

80 Additional requirements for unsolicited consumer agreements not

negotiated by telephone

81 Requirements for amendments of unsolicited consumer

agreements

Subdivision D—Terminating unsolicited consumer agreements

82 Terminating an unsolicited consumer agreement during the

termination period

83 Effect of termination

84 Obligations of suppliers on termination

85 Obligations and rights of consumers on termination

86 Prohibition on supplies etc.

87 Repayment of payments received after termination

88 Prohibition on recovering amounts after termination

Subdivision E—Miscellaneous

89 Certain provisions of unsolicited consumer agreements void

90 Waiver of rights

91 Application of this Division to persons to whom rights of

consumers and suppliers are assigned etc.

92 Application of this Division to supplies to third parties

93 Effect of contravening this Division

94 Regulations may limit the application of this Division

95 Application of this Division to certain conduct covered by the

Corporations Act

Division 3—Lay-by agreements

96 Lay-by agreements must be in writing etc.

97 Termination of lay-by agreements by consumers

98 Termination of lay-by agreements by suppliers

99 Effect of termination

Division 3A—Gift cards

Subdivision A—Introduction

99A Meaning of gift card

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Subdivision B—Requirements relating to gift cards

99B Gift cards to be redeemable for at least 3 years

99C When gift card ceases to be redeemable to appear prominently

on gift card

99D Terms and conditions not to allow post-supply fees

99E Post-supply fees not to be demanded or received

99F Certain terms and conditions of gift card void

Subdivision C—Miscellaneous

99G Regulations may limit application of this Division

Division 4—Miscellaneous

100 Supplier must provide proof of transaction etc.

101 Consumer may request an itemised bill

102 Prescribed requirements for warranties against defects

103 Repairers must comply with prescribed requirements

Part 3-3—Safety of consumer goods and product related

services

Division 1—Safety standards

104 Making safety standards for consumer goods and product related

services

105 Declaring safety standards for consumer goods and product

related services

106 Supplying etc. consumer goods that do not comply with safety

standards

107 Supplying etc. product related services that do not comply with

safety standards

108 Requirement to nominate a safety standard

Division 2—Bans on consumer goods and product related

services

Subdivision A—Interim bans

109 Interim bans on consumer goods or product related services that

will or may cause injury to any person etc.

110 Places in which interim bans apply

111 Ban period for interim bans

112 Interaction of multiple interim bans

113 Revocation of interim bans

Subdivision B—Permanent bans

114 Permanent bans on consumer goods or product related services

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115 Places in which permanent bans apply

116 When permanent bans come into force

117 Revocation of permanent bans

Subdivision C—Compliance with interim bans and permanent

bans

118 Supplying etc. consumer goods covered by a ban

119 Supplying etc. product related services covered by a ban

Subdivision D—Temporary exemption from mutual recognition

principles

120 Temporary exemption under the Trans-Tasman Mutual

Recognition Act 1997

121 Temporary exemption under the Mutual Recognition Act 1992

Division 3—Recall of consumer goods

Subdivision A—Compulsory recall of consumer goods

122 Compulsory recall of consumer goods

123 Contents of a recall notice

124 Obligations of a supplier in relation to a recall notice

125 Notification by persons who supply consumer goods outside

Australia if there is compulsory recall

126 Interaction of multiple recall notices

127 Compliance with recall notices

Subdivision B—Voluntary recall of consumer goods

128 Notification requirements for a voluntary recall of consumer

goods

Division 4—Safety warning notices

129 Safety warning notices about consumer goods and product

related services

130 Announcement of the results of an investigation etc.

Division 5—Consumer goods, or product related services,

associated with death or serious injury or illness

131 Suppliers to report consumer goods associated with the death or

serious injury or illness of any person

132 Suppliers to report product related services associated with the

death or serious injury or illness of any person

132A Confidentiality of notices given under this Division

Division 6—Miscellaneous

133 Liability under a contract of insurance

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Part 3-4—Information standards 134 Making information standards for goods and services

135 Declaring information standards for goods and services

136 Supplying etc. goods that do not comply with information

standards

137 Supplying etc. services that do not comply with information

standards

137A Safe harbour for complying with information standards about

free range eggs

Part 3-5—Liability of manufacturers for goods with safety

defects

Division 1—Actions against manufacturers for goods with safety

defects

138 Liability for loss or damage suffered by an injured individual

139 Liability for loss or damage suffered by a person other than an

injured individual

140 Liability for loss or damage suffered by a person if other goods

are destroyed or damaged

141 Liability for loss or damage suffered by a person if land,

buildings or fixtures are destroyed or damaged

142 Defences to defective goods actions

Division 2—Defective goods actions

143 Time for commencing defective goods actions

144 Liability joint and several

145 Survival of actions

146 No defective goods action where workers’ compensation law etc.

applies

147 Unidentified manufacturer

148 Commonwealth liability for goods that are defective only

because of compliance with Commonwealth mandatory

standard

149 Representative actions by the regulator

Division 3—Miscellaneous

150 Application of all or any provisions of this Part etc. not to be

excluded or modified

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Chapter 4—Offences

Part 4-1—Offences relating to unfair practices

Division 1—False or misleading representations etc.

151 False or misleading representations about goods or services

152 False or misleading representations about sale etc. of land

153 Misleading conduct relating to employment

154 Offering rebates, gifts, prizes etc.

155 Misleading conduct as to the nature etc. of goods

156 Misleading conduct as to the nature etc. of services

157 Bait advertising

158 Wrongly accepting payment

159 Misleading representations about certain business activities

160 Application of provisions of this Division to information

providers

Division 2—Unsolicited supplies

161 Unsolicited cards etc.

162 Assertion of right to payment for unsolicited goods or services

163 Assertion of right to payment for unauthorised entries or

advertisements

Division 3—Pyramid schemes

164 Participation in pyramid schemes

Division 4—Pricing

165 Multiple pricing

166 Single price to be specified in certain circumstances

Division 5—Other unfair practices

167 Referral selling

168 Harassment and coercion

Part 4-2—Offences relating to consumer transactions

Division 1—Consumer guarantees

169 Display notices

Division 2—Unsolicited consumer agreements

Subdivision A—Negotiating unsolicited consumer agreements

170 Permitted hours for negotiating an unsolicited consumer

agreement

171 Disclosing purpose and identity

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172 Ceasing to negotiate on request

173 Informing person of termination period etc.

Subdivision B—Requirements for unsolicited consumer

agreements etc.

174 Requirement to give document to the consumer

175 Requirements for all unsolicited consumer agreements etc.

176 Additional requirements for unsolicited consumer agreements not

negotiated by telephone

177 Requirements for amendments of unsolicited consumer

agreements

Subdivision C—Terminating unsolicited consumer agreements

178 Obligations of suppliers on termination

179 Prohibition on supplies etc.

180 Repayment of payments received after termination

181 Prohibition on recovering amounts after termination

Subdivision D—Miscellaneous

182 Certain provisions of unsolicited consumer agreements void

183 Waiver of rights

184 Application of this Division to persons to whom rights of

consumers and suppliers are assigned etc.

185 Application of this Division to supplies to third parties

186 Regulations may limit the application of this Division

187 Application of this Division to certain conduct covered by the

Corporations Act

Division 3—Lay-by agreements

188 Lay-by agreements must be in writing etc.

189 Termination charges

190 Termination of lay-by agreements by suppliers

191 Refund of amounts

Division 3A—Gift cards

191A Gift cards to be redeemable for at least 3 years

191B When gift card ceases to be redeemable to appear prominently

on gift card

191C Terms and conditions not to allow post-supply fees

191D Post-supply fees not to be demanded or received

191E Regulations may limit the application of this Division

Division 4—Miscellaneous

192 Prescribed requirements for warranties against defects

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193 Repairers must comply with prescribed requirements

Part 4-3—Offences relating to safety of consumer goods and

product related services

Division 1—Safety standards

194 Supplying etc. consumer goods that do not comply with safety

standards

195 Supplying etc. product related services that do not comply with

safety standards

196 Requirement to nominate a safety standard

Division 2—Bans on consumer goods and product related

services

197 Supplying etc. consumer goods covered by a ban

198 Supplying etc. product related services covered by a ban

Division 3—Recall of consumer goods

199 Compliance with recall orders

200 Notification by persons who supply consumer goods outside

Australia if there is compulsory recall

201 Notification requirements for a voluntary recall of consumer

goods

Division 4—Consumer goods, or product related services,

associated with death or serious injury or illness

202 Suppliers to report consumer goods etc. associated with the death

or serious injury or illness of any person

Part 4-4—Offences relating to information standards 203 Supplying etc. goods that do not comply with information

standards

204 Supplying etc. services that do not comply with information

standards

Part 4-5—Offences relating to substantiation notices 205 Compliance with substantiation notices

206 False or misleading information etc.

Part 4-6—Defences 207 Reasonable mistake of fact

208 Act or default of another person etc.

209 Publication of advertisements in the ordinary course of business

210 Supplying goods acquired for the purpose of re-supply

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211 Supplying services acquired for the purpose of re-supply

Part 4-7—Miscellaneous 212 Prosecutions to be commenced within 3 years

213 Preference must be given to compensation for victims

214 Penalties for contraventions of the same nature etc.

215 Penalties for previous contraventions of the same nature etc.

216 Granting of injunctions etc.

217 Criminal proceedings not to be brought for contraventions of

Chapter 2 or 3

Chapter 5—Enforcement and remedies

Part 5-1—Enforcement

Division 1—Undertakings

218 Regulator may accept undertakings

Division 2—Substantiation notices

219 Regulator may require claims to be substantiated etc.

220 Extending periods for complying with substantiation notices

221 Compliance with substantiation notices

222 False or misleading information etc.

Division 3—Public warning notices

223 Regulator may issue a public warning notice

Part 5-2—Remedies

Division 1—Pecuniary penalties

224 Pecuniary penalties

225 Pecuniary penalties and offences

226 Defence

227 Preference must be given to compensation for victims

228 Civil action for recovery of pecuniary penalties

229 Indemnification of officers

230 Certain indemnities not authorised and certain documents void

Division 2—Injunctions

232 Injunctions

233 Consent injunctions

234 Interim injunctions

235 Variation and discharge of injunctions

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Division 3—Damages

236 Actions for damages

Division 4—Compensation orders etc. for injured persons and

orders for non-party consumers

Subdivision A—Compensation orders etc. for injured persons

237 Compensation orders etc. on application by an injured person or

the regulator

238 Compensation orders etc. arising out of other proceedings

Subdivision B—Orders for non-party consumers

239 Orders to redress etc. loss or damage suffered by non-party

consumers

240 Determining whether to make a redress order etc. for non-party

consumers

241 When a non-party consumer is bound by a redress order etc.

Subdivision C—Miscellaneous

242 Applications for orders

243 Kinds of orders that may be made

244 Power of a court to make orders

245 Interaction with other provisions

Division 5—Other remedies

246 Non-punitive orders

247 Adverse publicity orders

248 Order disqualifying a person from managing corporations

249 Privilege against exposure to penalty or forfeiture—

disqualification from managing corporations

250 Declarations relating to consumer contracts and small business

contracts

Division 6—Defences

251 Publication of advertisement in the ordinary course of business

252 Supplying consumer goods for the purpose of re-supply

253 Supplying product related services for the purpose of re-supply

Part 5-3—Country of origin representations 254 Overview

255 Country of origin representations do not contravene certain

provisions

258 Proceedings relating to false, misleading or deceptive conduct or

representations

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Part 5-4—Remedies relating to guarantees

Division 1—Action against suppliers

Subdivision A—Action against suppliers of goods

259 Action against suppliers of goods

260 When a failure to comply with a guarantee is a major failure

261 How suppliers may remedy a failure to comply with a guarantee

262 When consumers are not entitled to reject goods

263 Consequences of rejecting goods

264 Replaced goods

265 Termination of contracts for the supply of services that are

connected with rejected goods

266 Rights of gift recipients

Subdivision B—Action against suppliers of services

267 Action against suppliers of services

268 When a failure to comply with a guarantee is a major failure

269 Termination of contracts for the supply of services

270 Termination of contracts for the supply of goods that are

connected with terminated services

Division 2—Action for damages against manufacturers of goods

271 Action for damages against manufacturers of goods

272 Damages that may be recovered by action against manufacturers

of goods

273 Time limit for actions against manufacturers of goods

Division 3—Miscellaneous

274 Indemnification of suppliers by manufacturers

275 Limitation of liability etc.

276 This Part not to be excluded etc. by contract

276A Limitation in certain circumstances of liability of manufacturer

to seller

277 Representative actions by the regulator

Part 5-5—Liability of suppliers and credit providers

Division 1—Linked credit contracts

278 Liability of suppliers and linked credit providers relating to

linked credit contracts

279 Action by consumer to recover amount of loss or damage

280 Cases where a linked credit provider is not liable

281 Amount of liability of linked credit providers

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282 Counter-claims and offsets

283 Enforcement of judgments etc.

284 Award of interest to consumers

285 Liability of suppliers to linked credit providers, and of linked

credit providers to suppliers

286 Joint liability proceedings and recovery under section 135 of the

National Credit Code

Division 2—Non-linked credit contracts

287 Liability of suppliers and credit providers relating to non-linked

credit contracts

Chapter 6—Application and transitional provisions

Part 1—Application and transitional provisions relating to the

Consumer Credit Legislation Amendment

(Enhancements) Act 2012 288 Application of amendments relating to lay-by agreements

289 Application of amendment relating to repairs

290 Saving of regulations relating to repairs

Part 1A—Application provision relating to the Treasury

Legislation Amendment (Small Business and Unfair

Contract Terms) Act 2015 290A Application

Part 2—Application and transitional provisions relating to the

Competition and Consumer Amendment (Competition

Policy Review) Act 2017 291 Application of amendments relating to confidentiality of notices

292 Application of amendments relating to prohibition on supplies

Part 3—Application provision relating to the Treasury Laws

Amendment (2018 Measures No. 3) Act 2018 295 Application of amendments

Part 4—Application provisions relating to the Treasury Laws

Amendment (Australian Consumer Law Review) Act

2018 296 Application—listed public companies

297 Application—unsolicited supplies

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298 Application—unsolicited consumer agreements

299 Application—single price

300 Application—non-punitive orders

301 Application—guarantees relating to the supply of services

Part 5—Application and transitional provisions relating to the

Treasury Laws Amendment (Gift Cards) Act 2018 302 Application of amendments relating to gift cards

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Chapter 1—Introduction

1 Application of this Schedule

This Schedule applies to the extent provided by:

(a) Part XI of the Competition and Consumer Act; or

(b) an application law.

2 Definitions

(1) In this Schedule:

ABN has the meaning given by section 41 of the A New Tax

System (Australian Business Number) Act 1999.

acceptable quality: see sections 54(2) to (7).

ACN has the meaning given by section 9 of the Corporations Act

2001.

acquire includes:

(a) in relation to goods—acquire by way of purchase, exchange

or taking on lease, on hire or on hire-purchase; and

(b) in relation to services—accept.

Note: Section 5 deals with when receipt of a donation is an acquisition.

adverse publicity order: see section 247(2).

affected person, in relation to goods, means:

(a) a consumer who acquires the goods; or

(b) a person who acquires the goods from the consumer (other

than for the purpose of re-supply); or

(c) a person who derives title to the goods through or under the

consumer.

agreement document: see section 78(2).

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annual turnover, of a body corporate during a 12-month period,

means the sum of the values of all the supplies that the body

corporate, and any body corporate related to the body corporate,

have made, or are likely to make, during the 12-month period,

other than:

(a) supplies made from any of those bodies corporate to any

other of those bodies corporate; or

(b) supplies that are input taxed; or

(c) supplies that are not for consideration (and are not taxable

supplies under section 72-5 of the A New Tax System (Goods

and Services Tax) Act 1999); or

(d) supplies that are not made in connection with an enterprise

that the body corporate carries on; or

(e) supplies that are not connected with Australia.

Expressions used in this definition that are also used in the A New

Tax System (Goods and Services Tax) Act 1999 have the same

meaning as in that Act.

applicable industry code has the meaning given by

section 51ACA(1) of the Competition and Consumer Act.

application law has the same meaning as in section 140 of the

Competition and Consumer Act.

article includes a token, card or document.

ASIC means the Australian Securities and Investments

Commission.

assert a right to payment: see section 10(1).

associate regulator:

(a) for the purposes of the application of this Schedule as a law

of the Commonwealth—means a body that is, for the

purposes of the application of this Schedule as a law of a

State or a Territory, the regulator within the meaning of the

application law of the State or Territory; or

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(b) for the purposes of the application of this Schedule as a law

of a State or a Territory—means:

(i) the Commission; or

(ii) a body that is, for the purposes of the application of this

Schedule as a law of another State or a Territory, the

regulator within the meaning of the application law of

that other State or Territory.

authority, in relation to a State or a Territory (including an external

Territory), means:

(a) a body corporate established for a purpose of the State or the

Territory by or under a law of the State or Territory; or

(b) an incorporated company in which the State or the Territory,

or a body corporate referred to in paragraph (a), has a

controlling interest.

authority of the Commonwealth means:

(a) a body corporate established for a purpose of the

Commonwealth by or under a law of the Commonwealth or a

law of a Territory; or

(b) an incorporated company in which the Commonwealth, or a

body corporate referred to in paragraph (a), has a controlling

interest.

banker has the same meaning as in section 4(1) of the Competition

and Consumer Act.

ban period for an interim ban: see section 111(1).

business includes a business not carried on for profit.

business day, in relation to an unsolicited consumer agreement,

means a day that is not:

(a) a Saturday or Sunday; or

(b) a public holiday in the place where the agreement was made.

business or professional relationship includes a relationship

between employer and employee, or a similar relationship.

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call on, in relation to negotiating an unsolicited consumer

agreement, does not include call by telephone.

Commission has the same meaning as in section 4(1) of the

Competition and Consumer Act.

Commonwealth mandatory standard, in relation to goods, means a

mandatory standard in respect of the goods imposed by a law of the

Commonwealth.

Commonwealth Minister means the Minister who administers

Part XI of the Competition and Consumer Act.

Competition and Consumer Act means the Competition and

Consumer Act 2010.

consumer: see section 3.

consumer contract: see section 23(3).

consumer goods means goods that are intended to be used, or are

of a kind likely to be used, for personal, domestic or household use

or consumption, and includes any such goods that have become

fixtures since the time they were supplied if:

(a) a recall notice for the goods has been issued; or

(b) a person has voluntarily taken action to recall the goods.

continuing credit contract: see section 14(1).

contravening conduct: see section 239(1)(a)(i).

court, in relation to a matter, means any court having jurisdiction

in the matter.

covering includes a stopper, glass, bottle, vessel, box, capsule,

case, frame or wrapper.

credit card: see section 39(5).

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credit provider means a person providing, or proposing to provide,

in the course of a business carried on by the person, credit to

consumers in relation to the acquisition of goods or services.

dealer: see section 71.

debit card: see section 39(6).

declared term: see section 239(1)(a)(ii).

defective goods action means an action under section 138, 139,

140 or 141, and includes such an action because of section 138(3)

or 145.

disclosed purpose: see section 55(2).

displayed price: see sections 47(2) to (5).

document means any record of information, and includes:

(a) anything on which there is writing; and

(b) anything on which there are marks, figures, symbols or

perforations having a meaning for persons qualified to

interpret them; and

(c) anything from which sounds, images or writings can be

reproduced with or without the aid of anything else; and

(d) a map, plan, drawing or photograph.

egg has the meaning given by subsection 137A(3).

enforcement proceeding means:

(a) a proceeding for an offence against Chapter 4; or

(b) a proceeding instituted under Chapter 5 (other than under

sections 237 and 239).

evidential burden, in relation to a matter, means the burden of

adducing or pointing to evidence that suggests a reasonable

possibility that the matter exists or does not exist.

express warranty, in relation to goods, means an undertaking,

assertion or representation:

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(a) that relates to:

(i) the quality, state, condition, performance or

characteristics of the goods; or

(ii) the provision of services that are or may at any time be

required for the goods; or

(iii) the supply of parts that are or may at any time be

required for the goods; or

(iv) the future availability of identical goods, or of goods

constituting or forming part of a set of which the goods,

in relation to which the undertaking, assertion or

representation is given or made, form part; and

(b) that is given or made in connection with the supply of the

goods, or in connection with the promotion by any means of

the supply or use of the goods; and

(c) the natural tendency of which is to induce persons to acquire

the goods.

financial product has the meaning given by section 12BAA of the

Australian Securities and Investments Commission Act 2001.

financial service has the meaning given by section 12BAB of the

Australian Securities and Investments Commission Act 2001.

free item includes a free service.

free range egg has the meaning given by subsection 137A(4).

gift card: see section 99A.

goods includes:

(a) ships, aircraft and other vehicles; and

(b) animals, including fish; and

(c) minerals, trees and crops, whether on, under or attached to

land or not; and

(d) gas and electricity; and

(e) computer software; and

(f) second-hand goods; and

(g) any component part of, or accessory to, goods.

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grown: see section 255(7).

GST has the meaning given by section 195-1 of the A New Tax

System (Goods and Services Tax) Act 1999.

industry code has the meaning given by section 51ACA of the

Competition and Consumer Act.

information provider: see sections 19(5) and (6).

information standard: see sections 134(1) and 135(1).

inner container includes any container into which goods are

packed, other than a shipping or airline container, pallet or other

similar article.

interest, in relation to land, means:

(a) a legal or equitable estate or interest in the land; or

(b) a right of occupancy of the land, or of a building or part of a

building erected on the land, arising by virtue of the holding

of shares, or by virtue of a contract to purchase shares, in an

incorporated company that owns the land or building; or

(c) a right, power or privilege over, or in connection with, the

land.

interim ban: see sections 109(1) and (2).

involved: a person is involved, in a contravention of a provision of

this Schedule or in conduct that constitutes such a contravention, if

the person:

(a) has aided, abetted, counselled or procured the contravention;

or

(b) has induced, whether by threats or promises or otherwise, the

contravention; or

(c) has been in any way, directly or indirectly, knowingly

concerned in, or party to, the contravention; or

(d) has conspired with others to effect the contravention.

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joint liability proceedings means proceedings relating to the joint

and several liability under section 278 of a linked credit provider

and a supplier of goods or services.

label includes a band or ticket.

lay-by agreement: see section 96(3).

linked credit contract: see section 278(2).

linked credit provider, in relation to a supplier of goods or

services, means a credit provider:

(a) with whom the supplier has a contract, arrangement or

understanding relating to:

(i) the supply to the supplier of goods in which the supplier

deals; or

(ii) the business carried on by the supplier of supplying

goods or services; or

(iii) the provision to persons to whom goods or services are

supplied by the supplier of credit in respect of payment

for those goods or services; or

(b) to whom the supplier, by arrangement with the credit

provider, regularly refers persons for the purpose of

obtaining credit; or

(c) whose forms of contract, forms of application or offers for

credit are, by arrangement with the credit provider, made

available to persons by the supplier; or

(d) with whom the supplier has a contract, arrangement or

understanding under which contracts, applications or offers

for credit from the credit provider may be signed by persons

at premises of the supplier.

loan contract means a contract under which a person in the course

of a business carried on by that person provides or agrees to

provide, whether on one or more occasions, credit to a consumer in

one or more of the following ways:

(a) by paying an amount to, or in accordance with the

instructions of, the consumer;

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(b) by applying an amount in satisfaction or reduction of an

amount owed to the person by the consumer;

(c) by varying the terms of a contract under which money owed

to the person by the consumer is payable;

(d) by deferring an obligation of the consumer to pay an amount

to the person;

(e) by taking from the consumer a bill of exchange or other

negotiable instrument on which the consumer (whether alone

or with another person or other persons) is liable as drawer,

acceptor or endorser.

major failure: see sections 260 and 268.

mandatory standard, in relation to goods, means a standard:

(a) for the goods or anything relating to the goods; and

(b) that, under a law of the Commonwealth, a State or a

Territory, must be complied with when the goods are

supplied by their manufacturer, being a law creating an

offence or liability if there is such non-compliance;

but does not include a standard which may be complied with by

meeting a higher standard.

manufacturer: see section 7.

market has the same meaning as in section 4E of the Competition

and Consumer Act.

materials, in relation to goods, means:

(a) if the goods are unmanufactured raw products—those

products; and

(b) if the goods are manufactured goods—all matter or

substances used or consumed in the manufacture of the goods

(other than matter or substances that are treated as

overheads); and

(c) in either case—the inner containers in which the goods are

packed.

mixed supply: see section 3(11).

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National Credit Code has the meaning given by section 5(1) of the

National Consumer Credit Protection Act 2009.

negotiated by telephone: see section 78(3).

negotiation: see section 72.

new participant: see section 45(2).

non-linked credit contract: see section 287(5).

non-party consumer means:

(a) in relation to conduct referred to in section 239(1)(a)(i)—a

person who is not, or has not been, a party to an enforcement

proceeding in relation to the conduct; and

(b) in relation to a term of a contract referred to in

section 239(1)(a)(ii)—a person who is not, or has not been, a

party to an enforcement proceeding in relation to the term.

participant, in a pyramid scheme, means a person who participates

in the scheme.

participate, in a pyramid scheme: see section 44(3).

participation payment: see section 45(1)(a).

permanent ban: see sections 114(1) and (2).

post-supply fee: see section 99D(2).

premises means:

(a) an area of land or any other place (whether or not it is

enclosed or built on); or

(b) a building or other structure; or

(c) a vehicle, vessel or aircraft; or

(d) a part of any such premises.

price, of goods or services, means:

(a) the amount paid or payable (including any charge of any

description) for their acquisition; or

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(b) if such an amount is not specified because the acquisition is

part only of a transaction for which a total amount is paid or

payable:

(i) the lowest amount (including any charge of any

description) for which the goods or services could

reasonably have been acquired from the supplier at the

time of the transaction or, if not from the supplier, from

another supplier; or

(ii) if they could not reasonably have been acquired

separately from another supplier—their value at the

time of the transaction.

prior negotiations or arrangements, in relation to the acquisition

of goods by a consumer, means negotiations or arrangements:

(a) that were conducted or made with the consumer by another

person in the course of a business carried on by the other

person; and

(b) that induced the consumer to acquire the goods, or otherwise

promoted the acquisition of the goods by the consumer.

product related service means a service for or relating to:

(a) the installation of consumer goods of a particular kind; or

(b) the maintenance, repair or cleaning of consumer goods of a

particular kind; or

(c) the assembly of consumer goods of a particular kind; or

(d) the delivery of consumer goods of a particular kind;

and, without limiting paragraphs (a) to (d), includes any other

service that relates to the supply of consumer goods of that kind.

proof of transaction: see section 100(4).

publish, in relation to an advertisement, means include in a

publication intended for sale or public distribution (whether to the

public generally or to a restricted class or number of persons) or for

public display (including in an electronic form).

pyramid scheme: see section 45(1).

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recall notice: see section 122(1).

recovery period: see section 41(4).

recruitment payment: see section 45(1)(b).

regulations means regulations made under section 139G of the

Competition and Consumer Act.

regulator:

(a) for the purposes of the application of this Schedule as a law

of the Commonwealth—means the Commission; or

(b) for the purposes of the application of this Schedule as a law

of a State or a Territory—has the meaning given by the

application law of the State or Territory.

rejection period: see section 262(2).

related, in relation to a body corporate: see section 6.

related contract or instrument: see section 83(2).

rely on, in relation to a term of a consumer contract or small

business contract, includes the following:

(a) attempt to enforce the term;

(b) attempt to exercise a right conferred, or purportedly

conferred, by the term;

(c) assert the existence of a right conferred, or purportedly

conferred, by the term.

responsible Minister means:

(a) the Commonwealth Minister; or

(b) the Minister of a State who administers the application law of

the State; or

(c) the Minister of a Territory who administers the application

law of the Territory.

safety defect, in relation to goods: see section 9.

safety standard: see sections 104(1) and 105(1).

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sale by auction, in relation to the supply of goods by a person,

means a sale by auction that is conducted by an agent of the person

(whether the agent acts in person or by electronic means).

send includes deliver, and sent and sender have corresponding

meanings.

serious injury or illness means an acute physical injury or illness

that requires medical or surgical treatment by, or under the

supervision of, a medical practitioner or a nurse (whether or not in

a hospital, clinic or similar place), but does not include:

(a) an ailment, disorder, defect or morbid condition (whether of

sudden onset or gradual development); or

(b) the recurrence, or aggravation, of such an ailment, disorder,

defect or morbid condition.

services includes:

(a) any rights (including rights in relation to, and interests in,

real or personal property), benefits, privileges or facilities

that are, or are to be, provided, granted or conferred in trade

or commerce; and

(b) without limiting paragraph (a), the rights, benefits, privileges

or facilities that are, or are to be, provided, granted or

conferred under:

(i) a contract for or in relation to the performance of work

(including work of a professional nature), whether with

or without the supply of goods; or

(ii) a contract for or in relation to the provision of, or the

use or enjoyment of facilities for, amusement,

entertainment, recreation or instruction; or

(iii) a contract for or in relation to the conferring of rights,

benefits or privileges for which remuneration is payable

in the form of a royalty, tribute, levy or similar exaction;

or

(iv) a contract of insurance; or

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(v) a contract between a banker and a customer of the

banker entered into in the course of the carrying on by

the banker of the business of banking; or

(vi) any contract for or in relation to the lending of money;

but does not include rights or benefits being the supply of goods or

the performance of work under a contract of service.

share includes stock.

ship has the meaning given by section 3(1) of the Admiralty Act

1988.

single price: see section 48(7).

small business contract: see subsection 23(4).

standard form contract has a meaning affected by section 27.

substantially transformed, in relation to goods: see section 255(2).

substantiation notice means a notice under section 219.

substantiation notice compliance period: see section 221(2).

supply, when used as a verb, includes:

(a) in relation to goods—supply (including re-supply) by way of

sale, exchange, lease, hire or hire-purchase; and

(b) in relation to services—provide, grant or confer;

and, when used as a noun, has a corresponding meaning, and

supplied and supplier have corresponding meanings.

Note: Section 5 deals with when a donation is a supply.

supply of limited title: see section 51(2).

telecommunications service: see section 65(2).

termination charge: see section 97(2).

termination period, in relation to an unsolicited consumer

agreement, means the period within which the consumer under the

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agreement is, under section 82 or under the agreement, entitled to

terminate the agreement.

tied continuing credit contract means a continuing credit contract

under which a credit provider provides credit in respect of the

payment by a consumer for goods or services supplied by a

supplier in relation to whom the credit provider is a linked credit

provider.

tied loan contract means a loan contract entered into between a

credit provider and a consumer where:

(a) the credit provider knows, or ought reasonably to know, that

the consumer enters into the loan contract wholly or partly

for the purposes of payment for goods or services supplied by

a supplier; and

(b) at the time the loan contract is entered into the credit provider

is a linked credit provider of the supplier.

trade or commerce means:

(a) trade or commerce within Australia; or

(b) trade or commerce between Australia and places outside

Australia;

and includes any business or professional activity (whether or not

carried on for profit).

transparent:

(a) in relation to a document—means:

(i) expressed in reasonably plain language; and

(ii) legible; and

(iii) presented clearly; and

(b) in relation to a term of a consumer contract or small business

contract—see section 24(3).

unfair, in relation to a term of a consumer contract or small

business contract: see section 24(1).

unsolicited consumer agreement: see section 69.

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unsolicited goods means goods sent to a person without any

request made by the person or on his or her behalf.

unsolicited services means:

(a) services supplied to a person; or

(b) services purported to have been supplied to a person which

have not been supplied;

without any request made by the person or on his or her behalf.

upfront price: see section 26(2).

warranty against defects: see section 102(3).

(2) In this Schedule:

(a) a reference to engaging in conduct is a reference to doing or

refusing to do any act, including:

(i) the making of, or the giving effect to a provision of, a

contract or arrangement; or

(ii) the arriving at, or the giving effect to a provision of, an

understanding; or

(iii) the requiring of the giving of, or the giving of, a

covenant; and

(b) a reference to conduct, when that expression is used as a

noun otherwise than as mentioned in paragraph (a), is a

reference to the doing of or the refusing to do any act,

including:

(i) the making of, or the giving effect to a provision of, a

contract or arrangement; or

(ii) the arriving at, or the giving effect to a provision of, an

understanding; or

(iii) the requiring of the giving of, or the giving of, a

covenant; and

(c) a reference to refusing to do an act includes a reference to:

(i) refraining (otherwise than inadvertently) from doing

that act; or

(ii) making it known that that act will not be done; and

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(d) a reference to a person offering to do an act, or to do an act

on a particular condition, includes a reference to the person

making it known that the person will accept applications,

offers or proposals for the person to do that act or to do that

act on that condition, as the case may be.

3 Meaning of consumer

Acquiring goods as a consumer

(1) A person is taken to have acquired particular goods as a consumer

if, and only if:

(a) the amount paid or payable for the goods, as worked out

under subsections (4) to (9), did not exceed:

(i) $40,000; or

(ii) if a greater amount is prescribed for the purposes of this

paragraph—that greater amount; or

(b) the goods were of a kind ordinarily acquired for personal,

domestic or household use or consumption; or

(c) the goods consisted of a vehicle or trailer acquired for use

principally in the transport of goods on public roads.

(2) However, subsection (1) does not apply if the person acquired the

goods, or held himself or herself out as acquiring the goods:

(a) for the following purpose:

(i) for goods other than gift cards—for the purpose of

re-supply;

(ii) for gift cards—for the purpose of re-supply in trade or

commerce; or

(b) for the purpose of using them up or transforming them, in

trade or commerce:

(i) in the course of a process of production or manufacture;

or

(ii) in the course of repairing or treating other goods or

fixtures on land.

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Acquiring services as a consumer

(3) A person is taken to have acquired particular services as a

consumer if, and only if:

(a) the amount paid or payable for the services, as worked out

under subsections (4) to (9), did not exceed:

(i) $40,000; or

(ii) if a greater amount is prescribed for the purposes of

subsection (1)(a)—that greater amount; or

(b) the services were of a kind ordinarily acquired for personal,

domestic or household use or consumption.

Amounts paid or payable for purchases

(4) For the purposes of subsection (1) or (3), the amount paid or

payable for goods or services purchased by a person is taken to be

the price paid or payable by the person for the goods or services,

unless subsection (5) applies.

(5) For the purposes of subsection (1) or (3), if a person purchased

goods or services by a mixed supply and a specified price was not

allocated to the goods or services in the contract under which they

were purchased, the amount paid or payable for goods or services

is taken to be:

(a) if, at the time of the acquisition, the person could have

purchased from the supplier the goods or services other than

by a mixed supply—the price at which they could have been

purchased from the supplier; or

(b) if:

(i) paragraph (a) does not apply; but

(ii) at the time of the acquisition, goods or services of the

kind acquired could have been purchased from another

supplier other than by a mixed supply;

the lowest price at which the person could, at that time,

reasonably have purchased goods or services of that kind

from another supplier; or

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(c) if, at the time of the acquisition, goods or services of the kind

acquired could not have been purchased from any supplier

except by a mixed supply—the value of the goods or services

at that time.

Amounts paid or payable for other acquisitions

(6) For the purposes of subsection (1) or (3), the amount paid or

payable for goods or services acquired by a person other than by

way of purchase is taken to be the price at which, at the time of the

acquisition, the person could have purchased the goods or services

from the supplier, unless subsection (7) or (8) applies.

(7) For the purposes of subsection (1) or (3), if:

(a) goods or services acquired by a person other than by way of

purchase could not, at the time of the acquisition, have been

purchased from the supplier, or could have been purchased

only by a mixed supply; but

(b) at that time, goods or services of the kind acquired could

have been purchased from another supplier other than by a

mixed supply;

the amount paid or payable for the goods or services is taken to be

the lowest price at which the person could, at that time, reasonably

have purchased goods or services of that kind from another

supplier.

(8) For the purposes of subsection (1) or (3), if goods or services

acquired by a person other than by way of purchase could not, at

the time of the acquisition, have been purchased from any supplier

other than by a mixed supply, the amount paid or payable for the

goods or services is taken to be the value of the goods or services

at that time.

Amounts paid or payable for obtaining credit

(9) If:

(a) a person obtains credit in connection with the acquisition of

goods or services by him or her; and

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(b) the amount paid or payable by him or her for the goods or

services is increased because he or she so obtains credit;

obtaining the credit is taken for the purposes of subsection (3) to be

the acquisition of a service, and the amount paid or payable by him

or her for the service of being provided with the credit is taken to

include the amount of the increase.

Presumption that persons are consumers

(10) If it is alleged in any proceeding under this Schedule, or in any

other proceeding in respect of a matter arising under this Schedule,

that a person was a consumer in relation to particular goods or

services, it is presumed, unless the contrary is established, that the

person was a consumer in relation to those goods or services.

Mixed supplies

(11) A purchase or other acquisition of goods or services is made by a

mixed supply if the goods or services are purchased or acquired

together with other property or services, or together with both other

property and other services.

Supplies to consumers

(12) In this Schedule, a reference to a supply of goods or services to a

consumer is a reference to a supply of goods or services to a person

who is taken to have acquired them as a consumer.

4 Misleading representations with respect to future matters

(1) If:

(a) a person makes a representation with respect to any future

matter (including the doing of, or the refusing to do, any act);

and

(b) the person does not have reasonable grounds for making the

representation;

the representation is taken, for the purposes of this Schedule, to be

misleading.

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(2) For the purposes of applying subsection (1) in relation to a

proceeding concerning a representation made with respect to a

future matter by:

(a) a party to the proceeding; or

(b) any other person;

the party or other person is taken not to have had reasonable

grounds for making the representation, unless evidence is adduced

to the contrary.

(3) To avoid doubt, subsection (2) does not:

(a) have the effect that, merely because such evidence to the

contrary is adduced, the person who made the representation

is taken to have had reasonable grounds for making the

representation; or

(b) have the effect of placing on any person an onus of proving

that the person who made the representation had reasonable

grounds for making the representation.

(4) Subsection (1) does not limit by implication the meaning of a

reference in this Schedule to:

(a) a misleading representation; or

(b) a representation that is misleading in a material particular; or

(c) conduct that is misleading or is likely or liable to mislead;

and, in particular, does not imply that a representation that a person

makes with respect to any future matter is not misleading merely

because the person has reasonable grounds for making the

representation.

5 When donations are treated as supplies or acquisitions

(1) For the purposes of this Schedule, other than Parts 3-3, 3-4, 4-3

and 4-4:

(a) a donation of goods or services is not treated as a supply of

the goods or services unless the donation is for promotional

purposes; and

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(b) receipt of a donation of goods or services is not treated as an

acquisition of the goods or services unless the donation is for

promotional purposes.

(2) For the purposes of Parts 3-3, 3-4, 4-3 and 4-4:

(a) any donation of goods or services is treated as a supply of the

goods or services; and

(b) receipt of any donation of goods or services is treated as an

acquisition of the goods or services.

6 Related bodies corporate

(1) A body corporate is taken to be related to another body corporate if

the bodies corporate would, under section 4A(5) of the

Competition and Consumer Act, be deemed to be related to each

other.

(2) In proceedings under this Schedule, it is presumed, unless the

contrary is established, that bodies corporate are not, or were not at

a particular time, related to each other.

7 Meaning of manufacturer

(1) A manufacturer includes the following:

(a) a person who grows, extracts, produces, processes or

assembles goods;

(b) a person who holds himself or herself out to the public as the

manufacturer of goods;

(c) a person who causes or permits the name of the person, a

name by which the person carries on business or a brand or

mark of the person to be applied to goods supplied by the

person;

(d) a person (the first person) who causes or permits another

person, in connection with:

(i) the supply or possible supply of goods by that other

person; or

(ii) the promotion by that other person by any means of the

supply or use of goods;

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to hold out the first person to the public as the manufacturer

of the goods;

(e) a person who imports goods into Australia if:

(i) the person is not the manufacturer of the goods; and

(ii) at the time of the importation, the manufacturer of the

goods does not have a place of business in Australia.

(2) For the purposes of subsection (1)(c):

(a) a name, brand or mark is taken to be applied to goods if:

(i) it is woven in, impressed on, worked into or annexed or

affixed to the goods; or

(ii) it is applied to a covering, label, reel or thing in or with

which the goods are supplied; and

(b) if the name of a person, a name by which a person carries on

business or a brand or mark of a person is applied to goods, it

is presumed, unless the contrary is established, that the

person caused or permitted the name, brand or mark to be

applied to the goods.

(3) If goods are imported into Australia on behalf of a person, the

person is taken, for the purposes of paragraph (1)(e), to have

imported the goods into Australia.

8 Goods affixed to land or premises

For the purposes of this Schedule, goods are taken to be supplied to

a consumer even if they are affixed to land or premises at the time

of the supply.

9 Meaning of safety defect in relation to goods

(1) For the purposes of this Schedule, goods have a safety defect if

their safety is not such as persons generally are entitled to expect.

(2) In determining the extent of the safety of goods, regard is to be

given to all relevant circumstances, including:

(a) the manner in which, and the purposes for which, they have

been marketed; and

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(b) their packaging; and

(c) the use of any mark in relation to them; and

(d) any instructions for, or warnings with respect to, doing, or

refraining from doing, anything with or in relation to them;

and

(e) what might reasonably be expected to be done with or in

relation to them; and

(f) the time when they were supplied by their manufacturer.

(3) An inference that goods have a safety defect is not to be made only

because of the fact that, after they were supplied by their

manufacturer, safer goods of the same kind were supplied.

(4) An inference that goods have a safety defect is not to be made only

because:

(a) there was compliance with a Commonwealth mandatory

standard for them; and

(b) that standard was not the safest possible standard having

regard to the latest state of scientific or technical knowledge

when they were supplied by their manufacturer.

10 Asserting a right to payment

(1) A person is taken to assert a right to payment from another person

if the person:

(a) makes a demand for the payment or asserts a present or

prospective right to the payment; or

(b) threatens to bring any legal proceedings with a view to

obtaining the payment; or

(c) places or causes to be placed the name of the other person on

a list of defaulters or debtors, or threatens to do so, with a

view to obtaining the payment; or

(d) invokes or causes to be invoked any other collection

procedure, or threatens to do so, with a view to obtaining the

payment; or

(e) sends any invoice or other document that:

(i) states the amount of the payment; or

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(ii) sets out the price of unsolicited goods or unsolicited

services; or

(iii) sets out the charge for placing, in a publication, an entry

or advertisement;

and does not contain a statement, to the effect that the

document is not an assertion of a right to a payment, that

complies with any requirements prescribed by the

regulations.

(2) For the purposes of this section, an invoice or other document

purporting to have been sent by or on behalf of a person is taken to

have been sent by that person unless the contrary is established.

11 References to acquisition, supply and re-supply

In this Schedule:

(a) a reference to the acquisition of goods includes a reference to

the acquisition of property in, or rights in relation to, goods

pursuant to a supply of the goods; and

(b) a reference to the supply or acquisition of goods or services

includes a reference to agreeing to supply or acquire goods or

services; and

(c) a reference to the supply or acquisition of goods includes a

reference to the supply or acquisition of goods together with

other property or services, or both; and

(d) a reference to the supply or acquisition of services includes a

reference to the supply or acquisition of services together

with property or other services, or both; and

(e) a reference to the re-supply of goods acquired from a person

includes a reference to:

(i) a supply of the goods to another person in an altered

form or condition; and

(ii) a supply to another person of goods in which the

first-mentioned goods have been incorporated; and

(f) a reference to the re-supply of services (the original services)

acquired from a person (the original supplier) includes a

reference to:

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(i) a supply of the original services to another person in an

altered form or condition; and

(ii) a supply to another person of other services that are

substantially similar to the original services, and could

not have been supplied if the original services had not

been acquired by the person who acquired them from

the original supplier.

12 Application of Schedule in relation to leases and licences of land

and buildings

In this Schedule:

(a) a reference to a contract includes a reference to a lease of, or

a licence in respect of, land or a building or part of a building

(despite the express references in this Schedule to such leases

or licences); and

(b) a reference to making or entering into a contract, in relation

to such a lease or licence, is a reference to granting or taking

the lease or licence; and

(c) a reference to a party to a contract, in relation to such a lease

or licence, includes a reference to any person bound by, or

entitled to the benefit of, any provision contained in the lease

or licence.

13 Loss or damage to include injury

In this Schedule:

(a) a reference to loss or damage, other than a reference to the

amount of any loss or damage, includes a reference to injury;

and

(b) a reference to the amount of any loss or damage includes a

reference to damages in respect of an injury.

14 Meaning of continuing credit contract

(1) If:

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(a) a person (the creditor), in the course of a business carried on

by the creditor, agrees with a consumer to provide credit to

the consumer in relation to:

(i) payment for goods or services; or

(ii) cash supplied by the creditor to the consumer from time

to time; or

(iii) payment by the creditor to another person in relation to

goods or services, or cash, supplied by that other person

to the consumer from time to time; and

(b) the creditor:

(i) has an agreement, arrangement or understanding (the

credit agreement) with the consumer in relation to the

provision of the credit; or

(ii) is engaged in a course of dealing (the credit dealing)

with the consumer in relation to the provision of the

credit; and

(c) the amounts owing to the creditor from time to time under

the credit agreement or credit dealing are, or are to be,

calculated on the basis that:

(i) all amounts owing; and

(ii) all payments made;

by the consumer under, or in respect of, the credit agreement

or credit dealing are entered in one or more accounts kept for

the purpose of that agreement or dealing;

the credit agreement or credit dealing is taken, for the purposes of

this Schedule, to be a continuing credit contract.

(2) If subsection (1)(a)(iii) applies, the creditor is taken, for the

purposes of this section, to have provided credit to the consumer in

relation to any goods or services, or cash, supplied by another

person to the consumer to the extent of any payments made, or to

be made, by the creditor to that other person.

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15 Contraventions of this Schedule

Conduct is not taken, for the purposes of this Schedule, to

contravene a provision of this Schedule merely because of the

application of:

(a) section 23(1); or

(b) a provision of Division 1 of Part 3-2 (other than

section 66(2)); or

(c) a provision of Part 3-5.

16 Severability

(1) If the making of a contract after the commencement of this section

contravenes this Schedule because the contract includes a

particular provision, nothing in this Schedule affects the validity or

enforceability of the contract otherwise than in relation to that

provision, so far as that provision is severable.

(2) This section has effect subject to any order made under Division 4

of Part 5-2.

17 References to provisions in this Schedule

In this Schedule, a reference to a provision is a reference to a

provision of this Schedule, unless the contrary intention appears.

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18 Misleading or deceptive conduct

(1) A person must not, in trade or commerce, engage in conduct that is

misleading or deceptive or is likely to mislead or deceive.

(2) Nothing in Part 3-1 (which is about unfair practices) limits by

implication subsection (1).

Note: For rules relating to representations as to the country of origin of

goods, see Part 5-3.

19 Application of this Part to information providers

(1) This Part does not apply to a publication of matter by an

information provider if:

(a) in any case—the information provider made the publication

in the course of carrying on a business of providing

information; or

(b) if the information provider is the Australian Broadcasting

Corporation, the Special Broadcasting Service Corporation or

the holder of a licence granted under the Broadcasting

Services Act 1992—the publication was by way of a radio or

television broadcast by the information provider.

(2) Subsection (1) does not apply to a publication of an advertisement.

(3) Subsection (1) does not apply to a publication of matter in

connection with the supply or possible supply of, or the promotion

by any means of the supply or use of, goods or services (the

publicised goods or services), if:

(a) the publicised goods or services were goods or services of a

kind supplied by the information provider or, if the

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information provider is a body corporate, by a body corporate

that is related to the information provider; or

(b) the publication was made on behalf of, or pursuant to a

contract, arrangement or understanding with, a person who

supplies goods or services of the same kind as the publicised

goods or services; or

(c) the publication was made on behalf of, or pursuant to a

contract, arrangement or understanding with, a body

corporate that is related to a body corporate that supplies

goods or services of the same kind as the publicised goods or

services.

(4) Subsection (1) does not apply to a publication of matter in

connection with the sale or grant, or possible sale or grant, of, or

the promotion by any means of the sale or grant of, interests in land

(the publicised interests in land), if:

(a) the publicised interests in land were interests of a kind sold

or granted by the information provider or, if the information

provider is a body corporate, by a body corporate that is

related to the information provider; or

(b) the publication was made on behalf of, or pursuant to a

contract, arrangement or understanding with, a person who

sells or grants interests of the same kind as the publicised

interests in land; or

(c) the publication was made on behalf of, or pursuant to a

contract, arrangement or understanding with, a body

corporate that is related to a body corporate that sells or

grants interests of the same kind as the publicised interests in

land.

(5) An information provider is a person who carries on a business of

providing information.

(6) Without limiting subsection (5), each of the following is an

information provider:

(a) the holder of a licence granted under the Broadcasting

Services Act 1992;

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(b) a person who is the provider of a broadcasting service under

a class licence under that Act;

(d) the Australian Broadcasting Corporation;

(e) the Special Broadcasting Service Corporation.

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Part 2-2—Unconscionable conduct

20 Unconscionable conduct within the meaning of the unwritten law

(1) A person must not, in trade or commerce, engage in conduct that is

unconscionable, within the meaning of the unwritten law from time

to time.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) This section does not apply to conduct that is prohibited by

section 21.

21 Unconscionable conduct in connection with goods or services

(1) A person must not, in trade or commerce, in connection with:

(a) the supply or possible supply of goods or services to a

person; or

(b) the acquisition or possible acquisition of goods or services

from a person;

engage in conduct that is, in all the circumstances, unconscionable.

(2) This section does not apply to conduct that is engaged in only

because the person engaging in the conduct:

(a) institutes legal proceedings in relation to the supply or

possible supply, or in relation to the acquisition or possible

acquisition; or

(b) refers to arbitration a dispute or claim in relation to the

supply or possible supply, or in relation to the acquisition or

possible acquisition.

(3) For the purpose of determining whether a person has contravened

subsection (1):

(a) the court must not have regard to any circumstances that

were not reasonably foreseeable at the time of the alleged

contravention; and

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(b) the court may have regard to conduct engaged in, or

circumstances existing, before the commencement of this

section.

(4) It is the intention of the Parliament that:

(a) this section is not limited by the unwritten law relating to

unconscionable conduct; and

(b) this section is capable of applying to a system of conduct or

pattern of behaviour, whether or not a particular individual is

identified as having been disadvantaged by the conduct or

behaviour; and

(c) in considering whether conduct to which a contract relates is

unconscionable, a court’s consideration of the contract may

include consideration of:

(i) the terms of the contract; and

(ii) the manner in which and the extent to which the

contract is carried out;

and is not limited to consideration of the circumstances

relating to formation of the contract.

22 Matters the court may have regard to for the purposes of

section 21

(1) Without limiting the matters to which the court may have regard

for the purpose of determining whether a person (the supplier) has

contravened section 21 in connection with the supply or possible

supply of goods or services to a person (the customer), the court

may have regard to:

(a) the relative strengths of the bargaining positions of the

supplier and the customer; and

(b) whether, as a result of conduct engaged in by the supplier,

the customer was required to comply with conditions that

were not reasonably necessary for the protection of the

legitimate interests of the supplier; and

(c) whether the customer was able to understand any documents

relating to the supply or possible supply of the goods or

services; and

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(d) whether any undue influence or pressure was exerted on, or

any unfair tactics were used against, the customer or a person

acting on behalf of the customer by the supplier or a person

acting on behalf of the supplier in relation to the supply or

possible supply of the goods or services; and

(e) the amount for which, and the circumstances under which,

the customer could have acquired identical or equivalent

goods or services from a person other than the supplier; and

(f) the extent to which the supplier’s conduct towards the

customer was consistent with the supplier’s conduct in

similar transactions between the supplier and other like

customers; and

(g) the requirements of any applicable industry code; and

(h) the requirements of any other industry code, if the customer

acted on the reasonable belief that the supplier would comply

with that code; and

(i) the extent to which the supplier unreasonably failed to

disclose to the customer:

(i) any intended conduct of the supplier that might affect

the interests of the customer; and

(ii) any risks to the customer arising from the supplier’s

intended conduct (being risks that the supplier should

have foreseen would not be apparent to the customer);

and

(j) if there is a contract between the supplier and the customer

for the supply of the goods or services:

(i) the extent to which the supplier was willing to negotiate

the terms and conditions of the contract with the

customer; and

(ii) the terms and conditions of the contract; and

(iii) the conduct of the supplier and the customer in

complying with the terms and conditions of the contract;

and

(iv) any conduct that the supplier or the customer engaged

in, in connection with their commercial relationship,

after they entered into the contract; and

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(k) without limiting paragraph (j), whether the supplier has a

contractual right to vary unilaterally a term or condition of a

contract between the supplier and the customer for the supply

of the goods or services; and

(l) the extent to which the supplier and the customer acted in

good faith.

(2) Without limiting the matters to which the court may have regard

for the purpose of determining whether a person (the acquirer) has

contravened section 21 in connection with the acquisition or

possible acquisition of goods or services from a person (the

supplier), the court may have regard to:

(a) the relative strengths of the bargaining positions of the

acquirer and the supplier; and

(b) whether, as a result of conduct engaged in by the acquirer,

the supplier was required to comply with conditions that

were not reasonably necessary for the protection of the

legitimate interests of the acquirer; and

(c) whether the supplier was able to understand any documents

relating to the acquisition or possible acquisition of the goods

or services; and

(d) whether any undue influence or pressure was exerted on, or

any unfair tactics were used against, the supplier or a person

acting on behalf of the supplier by the acquirer or a person

acting on behalf of the acquirer in relation to the acquisition

or possible acquisition of the goods or services; and

(e) the amount for which, and the circumstances in which, the

supplier could have supplied identical or equivalent goods or

services to a person other than the acquirer; and

(f) the extent to which the acquirer’s conduct towards the

supplier was consistent with the acquirer’s conduct in similar

transactions between the acquirer and other like suppliers;

and

(g) the requirements of any applicable industry code; and

(h) the requirements of any other industry code, if the supplier

acted on the reasonable belief that the acquirer would comply

with that code; and

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(i) the extent to which the acquirer unreasonably failed to

disclose to the supplier:

(i) any intended conduct of the acquirer that might affect

the interests of the supplier; and

(ii) any risks to the supplier arising from the acquirer’s

intended conduct (being risks that the acquirer should

have foreseen would not be apparent to the supplier);

and

(j) if there is a contract between the acquirer and the supplier for

the acquisition of the goods or services:

(i) the extent to which the acquirer was willing to negotiate

the terms and conditions of the contract with the

supplier; and

(ii) the terms and conditions of the contract; and

(iii) the conduct of the acquirer and the supplier in

complying with the terms and conditions of the contract;

and

(iv) any conduct that the acquirer or the supplier engaged in,

in connection with their commercial relationship, after

they entered into the contract; and

(k) without limiting paragraph (j), whether the acquirer has a

contractual right to vary unilaterally a term or condition of a

contract between the acquirer and the supplier for the

acquisition of the goods or services; and

(l) the extent to which the acquirer and the supplier acted in

good faith.

22A Presumptions relating to whether representations are

misleading

Section 4 applies for the purposes of sections 21 and 22 in the

same way as it applies for the purposes of Division 1 of Part 3-1.

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23 Unfair terms of consumer contracts and small business contracts

(1) A term of a consumer contract or small business contract is void if:

(a) the term is unfair; and

(b) the contract is a standard form contract.

(2) The contract continues to bind the parties if it is capable of

operating without the unfair term.

(3) A consumer contract is a contract for:

(a) a supply of goods or services; or

(b) a sale or grant of an interest in land;

to an individual whose acquisition of the goods, services or interest

is wholly or predominantly for personal, domestic or household use

or consumption.

(4) A contract is a small business contract if:

(a) the contract is for a supply of goods or services, or a sale or

grant of an interest in land; and

(b) at the time the contract is entered into, at least one party to

the contract is a business that employs fewer than 20 persons;

and

(c) either of the following applies:

(i) the upfront price payable under the contract does not

exceed $300,000;

(ii) the contract has a duration of more than 12 months and

the upfront price payable under the contract does not

exceed $1,000,000.

(5) In counting the persons employed by a business for the purposes of

paragraph (4)(b), a casual employee is not to be counted unless he

or she is employed by the business on a regular and systematic

basis.

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24 Meaning of unfair

(1) A term of a consumer contract or small business contract is unfair

if:

(a) it would cause a significant imbalance in the parties’ rights

and obligations arising under the contract; and

(b) it is not reasonably necessary in order to protect the

legitimate interests of the party who would be advantaged by

the term; and

(c) it would cause detriment (whether financial or otherwise) to a

party if it were to be applied or relied on.

(2) In determining whether a term of a contract is unfair under

subsection (1), a court may take into account such matters as it

thinks relevant, but must take into account the following:

(a) the extent to which the term is transparent;

(b) the contract as a whole.

(3) A term is transparent if the term is:

(a) expressed in reasonably plain language; and

(b) legible; and

(c) presented clearly; and

(d) readily available to any party affected by the term.

(4) For the purposes of subsection (1)(b), a term of a contract is

presumed not to be reasonably necessary in order to protect the

legitimate interests of the party who would be advantaged by the

term, unless that party proves otherwise.

25 Examples of unfair terms

Without limiting section 24, the following are examples of the

kinds of terms of a consumer contract or small business contract

that may be unfair:

(a) a term that permits, or has the effect of permitting, one party

(but not another party) to avoid or limit performance of the

contract;

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(b) a term that permits, or has the effect of permitting, one party

(but not another party) to terminate the contract;

(c) a term that penalises, or has the effect of penalising, one

party (but not another party) for a breach or termination of

the contract;

(d) a term that permits, or has the effect of permitting, one party

(but not another party) to vary the terms of the contract;

(e) a term that permits, or has the effect of permitting, one party

(but not another party) to renew or not renew the contract;

(f) a term that permits, or has the effect of permitting, one party

to vary the upfront price payable under the contract without

the right of another party to terminate the contract;

(g) a term that permits, or has the effect of permitting, one party

unilaterally to vary the characteristics of the goods or

services to be supplied, or the interest in land to be sold or

granted, under the contract;

(h) a term that permits, or has the effect of permitting, one party

unilaterally to determine whether the contract has been

breached or to interpret its meaning;

(i) a term that limits, or has the effect of limiting, one party’s

vicarious liability for its agents;

(j) a term that permits, or has the effect of permitting, one party

to assign the contract to the detriment of another party

without that other party’s consent;

(k) a term that limits, or has the effect of limiting, one party’s

right to sue another party;

(l) a term that limits, or has the effect of limiting, the evidence

one party can adduce in proceedings relating to the contract;

(m) a term that imposes, or has the effect of imposing, the

evidential burden on one party in proceedings relating to the

contract;

(n) a term of a kind, or a term that has an effect of a kind,

prescribed by the regulations.

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26 Terms that define main subject matter of consumer contracts or

small business contracts etc. are unaffected

(1) Section 23 does not apply to a term of a consumer contract or small

business contract to the extent, but only to the extent, that the term:

(a) defines the main subject matter of the contract; or

(b) sets the upfront price payable under the contract; or

(c) is a term required, or expressly permitted, by a law of the

Commonwealth, a State or a Territory.

(2) The upfront price payable under a contract is the consideration

that:

(a) is provided, or is to be provided, for the supply, sale or grant

under the contract; and

(b) is disclosed at or before the time the contract is entered into;

but does not include any other consideration that is contingent on

the occurrence or non-occurrence of a particular event.

27 Standard form contracts

(1) If a party to a proceeding alleges that a contract is a standard form

contract, it is presumed to be a standard form contract unless

another party to the proceeding proves otherwise.

(2) In determining whether a contract is a standard form contract, a

court may take into account such matters as it thinks relevant, but

must take into account the following:

(a) whether one of the parties has all or most of the bargaining

power relating to the transaction;

(b) whether the contract was prepared by one party before any

discussion relating to the transaction occurred between the

parties;

(c) whether another party was, in effect, required either to accept

or reject the terms of the contract (other than the terms

referred to in section 26(1)) in the form in which they were

presented;

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(d) whether another party was given an effective opportunity to

negotiate the terms of the contract that were not the terms

referred to in section 26(1);

(e) whether the terms of the contract (other than the terms

referred to in section 26(1)) take into account the specific

characteristics of another party or the particular transaction;

(f) any other matter prescribed by the regulations.

28 Contracts to which this Part does not apply

(1) This Part does not apply to:

(a) a contract of marine salvage or towage; or

(b) a charterparty of a ship; or

(c) a contract for the carriage of goods by ship.

(2) Without limiting subsection (1)(c), the reference in that subsection

to a contract for the carriage of goods by ship includes a reference

to any contract covered by a sea carriage document within the

meaning of the amended Hague Rules referred to in section 7(1) of

the Carriage of Goods by Sea Act 1991.

(3) This Part does not apply to a contract that is the constitution

(within the meaning of section 9 of the Corporations Act 2001) of

a company, managed investment scheme or other kind of body.

(4) This Part does not apply to a small business contract to which a

prescribed law of the Commonwealth, a State or a Territory

applies.

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Chapter 3—Specific protections

Part 3-1—Unfair practices

Division 1—False or misleading representations etc.

29 False or misleading representations about goods or services

(1) A person must not, in trade or commerce, in connection with the

supply or possible supply of goods or services or in connection

with the promotion by any means of the supply or use of goods or

services:

(a) make a false or misleading representation that goods are of a

particular standard, quality, value, grade, composition, style

or model or have had a particular history or particular

previous use; or

(b) make a false or misleading representation that services are of

a particular standard, quality, value or grade; or

(c) make a false or misleading representation that goods are new;

or

(d) make a false or misleading representation that a particular

person has agreed to acquire goods or services; or

(e) make a false or misleading representation that purports to be

a testimonial by any person relating to goods or services; or

(f) make a false or misleading representation concerning:

(i) a testimonial by any person; or

(ii) a representation that purports to be such a testimonial;

relating to goods or services; or

(g) make a false or misleading representation that goods or

services have sponsorship, approval, performance

characteristics, accessories, uses or benefits; or

(h) make a false or misleading representation that the person

making the representation has a sponsorship, approval or

affiliation; or

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(i) make a false or misleading representation with respect to the

price of goods or services; or

(j) make a false or misleading representation concerning the

availability of facilities for the repair of goods or of spare

parts for goods; or

(k) make a false or misleading representation concerning the

place of origin of goods; or

(l) make a false or misleading representation concerning the

need for any goods or services; or

(m) make a false or misleading representation concerning the

existence, exclusion or effect of any condition, warranty,

guarantee, right or remedy (including a guarantee under

Division 1 of Part 3-2); or

(n) make a false or misleading representation concerning a

requirement to pay for a contractual right that:

(i) is wholly or partly equivalent to any condition,

warranty, guarantee, right or remedy (including a

guarantee under Division 1 of Part 3-2); and

(ii) a person has under a law of the Commonwealth, a State

or a Territory (other than an unwritten law).

Note 1: A pecuniary penalty may be imposed for a contravention of this

subsection.

Note 2: For rules relating to representations as to the country of origin of

goods, see Part 5-3.

(2) For the purposes of applying subsection (1) in relation to a

proceeding concerning a representation of a kind referred to in

subsection (1)(e) or (f), the representation is taken to be misleading

unless evidence is adduced to the contrary.

(3) To avoid doubt, subsection (2) does not:

(a) have the effect that, merely because such evidence to the

contrary is adduced, the representation is not misleading; or

(b) have the effect of placing on any person an onus of proving

that the representation is not misleading.

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30 False or misleading representations about sale etc. of land

(1) A person must not, in trade or commerce, in connection with the

sale or grant, or the possible sale or grant, of an interest in land or

in connection with the promotion by any means of the sale or grant

of an interest in land:

(a) make a false or misleading representation that the person

making the representation has a sponsorship, approval or

affiliation; or

(b) make a false or misleading representation concerning the

nature of the interest in the land; or

(c) make a false or misleading representation concerning the

price payable for the land; or

(d) make a false or misleading representation concerning the

location of the land; or

(e) make a false or misleading representation concerning the

characteristics of the land; or

(f) make a false or misleading representation concerning the use

to which the land is capable of being put or may lawfully be

put; or

(g) make a false or misleading representation concerning the

existence or availability of facilities associated with the land.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) This section does not affect the application of any other provision

of Part 2-1 or this Part in relation to the supply or acquisition, or

the possible supply or acquisition, of interests in land.

31 Misleading conduct relating to employment

A person must not, in relation to employment that is to be, or may

be, offered by the person or by another person, engage in conduct

that is liable to mislead persons seeking the employment as to:

(a) the availability, nature, terms or conditions of the

employment; or

(b) any other matter relating to the employment.

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Note: A pecuniary penalty may be imposed for a contravention of this

section.

32 Offering rebates, gifts, prizes etc.

(1) A person must not, in trade or commerce, offer any rebate, gift,

prize or other free item with the intention of not providing it, or of

not providing it as offered, in connection with:

(a) the supply or possible supply of goods or services; or

(b) the promotion by any means of the supply or use of goods or

services; or

(c) the sale or grant, or the possible sale or grant, of an interest in

land; or

(d) the promotion by any means of the sale or grant of an interest

in land.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) If a person offers any rebate, gift, prize or other free item in

connection with:

(a) the supply or possible supply of goods or services; or

(b) the promotion by any means of the supply or use of goods or

services; or

(c) the sale or grant, or the possible sale or grant, of an interest in

land; or

(d) the promotion by any means of the sale or grant of an interest

in land;

the person must, within the time specified in the offer or (if no such

time is specified) within a reasonable time after making the offer,

provide the rebate, gift, prize or other free item in accordance with

the offer.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) Subsection (2) does not apply if:

(a) the person’s failure to provide the rebate, gift, prize or other

free item in accordance with the offer was due to the act or

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omission of another person, or to some other cause beyond

the person’s control; and

(b) the person took reasonable precautions and exercised due

diligence to avoid the failure.

(4) Subsection (2) does not apply to an offer that the person makes to

another person if:

(a) the person offers to the other person a different rebate, gift,

prize or other free item as a replacement; and

(b) the other person agrees to receive the different rebate, gift,

prize or other free item.

(5) This section does not affect the application of any other provision

of Part 2-1 or this Part in relation to the supply or acquisition, or

the possible supply or acquisition, of interests in land.

33 Misleading conduct as to the nature etc. of goods

A person must not, in trade or commerce, engage in conduct that is

liable to mislead the public as to the nature, the manufacturing

process, the characteristics, the suitability for their purpose or the

quantity of any goods.

Note: A pecuniary penalty may be imposed for a contravention of this

section.

34 Misleading conduct as to the nature etc. of services

A person must not, in trade or commerce, engage in conduct that is

liable to mislead the public as to the nature, the characteristics, the

suitability for their purpose or the quantity of any services.

Note: A pecuniary penalty may be imposed for a contravention of this

section.

35 Bait advertising

(1) A person must not, in trade or commerce, advertise goods or

services for supply at a specified price if:

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(a) there are reasonable grounds for believing that the person

will not be able to offer for supply those goods or services at

that price for a period that is, and in quantities that are,

reasonable, having regard to:

(i) the nature of the market in which the person carries on

business; and

(ii) the nature of the advertisement; and

(b) the person is aware or ought reasonably to be aware of those

grounds.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) A person who, in trade or commerce, advertises goods or services

for supply at a specified price must offer such goods or services for

supply at that price for a period that is, and in quantities that are,

reasonable having regard to:

(a) the nature of the market in which the person carries on

business; and

(b) the nature of the advertisement.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

36 Wrongly accepting payment

(1) A person must not, in trade or commerce, accept payment or other

consideration for goods or services if, at the time of the acceptance,

the person intends not to supply the goods or services.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) A person must not, in trade or commerce, accept payment or other

consideration for goods or services if, at the time of the acceptance,

the person intends to supply goods or services materially different

from the goods or services in respect of which the payment or other

consideration is accepted.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

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(3) A person must not, in trade or commerce, accept payment or other

consideration for goods or services if, at the time of the acceptance:

(a) there are reasonable grounds for believing that the person

will not be able to supply the goods or services:

(i) within the period specified by or on behalf of the person

at or before the time the payment or other consideration

was accepted; or

(ii) if no period is specified at or before that time—within a

reasonable time; and

(b) the person is aware or ought reasonably to be aware of those

grounds.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(4) A person who, in trade or commerce, accepts payment or other

consideration for goods or services must supply all the goods or

services:

(a) within the period specified by or on behalf of the person at or

before the time the payment or other consideration was

accepted; or

(b) if no period is specified at or before that time—within a

reasonable time.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(5) Subsection (4) does not apply if:

(a) the person’s failure to supply all the goods or services within

the period, or within a reasonable time, was due to the act or

omission of another person, or to some other cause beyond

the person’s control; and

(b) the person took reasonable precautions and exercised due

diligence to avoid the failure.

(6) Subsection (4) does not apply if:

(a) the person offers to supply different goods or services as a

replacement to the person (the customer) to whom the

original supply was to be made; and

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(b) the customer agrees to receive the different goods or services.

(7) Subsections (1), (2), (3) and (4) apply whether or not the payment

or other consideration that the person accepted represents the

whole or a part of the payment or other consideration for the

supply of the goods or services.

37 Misleading representations about certain business activities

(1) A person must not, in trade or commerce, make a representation

that:

(a) is false or misleading in a material particular; and

(b) concerns the profitability, risk or any other material aspect of

any business activity that the person has represented as one

that can be, or can be to a considerable extent, carried on at

or from a person’s place of residence.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) A person must not, in trade or commerce, make a representation

that:

(a) is false or misleading in a material particular; and

(b) concerns the profitability, risk or any other material aspect of

any business activity:

(i) that the person invites (whether by advertisement or

otherwise) other persons to engage or participate in, or

to offer or apply to engage or participate in; and

(ii) that requires the performance of work by other persons,

or the investment of money by other persons and the

performance by them of work associated with the

investment.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

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38 Application of provisions of this Division to information

providers

(1) Sections 29, 30, 33, 34 and 37 do not apply to a publication of

matter by an information provider if:

(a) in any case—the information provider made the publication

in the course of carrying on a business of providing

information; or

(b) if the information provider is the Australian Broadcasting

Corporation, the Special Broadcasting Service Corporation or

the holder of a licence granted under the Broadcasting

Services Act 1992—the publication was by way of a radio or

television broadcast by the information provider.

(2) Subsection (1) does not apply to a publication of an advertisement.

(3) Subsection (1) does not apply to a publication of matter in

connection with the supply or possible supply of, or the promotion

by any means of the supply or use of, goods or services (the

publicised goods or services), if:

(a) the publicised goods or services were goods or services of a

kind supplied by the information provider or, if the

information provider is a body corporate, by a body corporate

that is related to the information provider; or

(b) the publication was made on behalf of, or pursuant to a

contract, arrangement or understanding with, a person who

supplies goods or services of the same kind as the publicised

goods or services; or

(c) the publication was made on behalf of, or pursuant to a

contract, arrangement or understanding with, a body

corporate that is related to a body corporate that supplies

goods or services of the same kind as the publicised goods or

services.

(4) Subsection (1) does not apply to a publication of matter in

connection with the sale or grant, or possible sale or grant, of, or

the promotion by any means of the sale or grant of, interests in land

(the publicised interests in land), if:

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(a) the publicised interests in land were interests of a kind sold

or granted by the information provider or, if the information

provider is a body corporate, by a body corporate that is

related to the information provider; or

(b) the publication was made on behalf of, or pursuant to a

contract, arrangement or understanding with, a person who

sells or grants interests of the same kind as the publicised

interests in land; or

(c) the publication was made on behalf of, or pursuant to a

contract, arrangement or understanding with, a body

corporate that is related to a body corporate that sells or

grants interests of the same kind as the publicised interests in

land.

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Division 2—Unsolicited supplies

39 Unsolicited cards etc.

(1) A person must not send a credit card or a debit card, or an article

that may be used as a credit card and a debit card, to another

person except:

(a) pursuant to a written request by the person who will be under

a liability to the person who issued the card or article in

respect of the use of the card or article; or

(b) in renewal or replacement of, or in substitution for:

(i) a card or article of the same kind previously sent to the

other person pursuant to a written request by the person

who was under a liability, to the person who issued the

card previously so sent, in respect of the use of that

card; or

(ii) a card or article of the same kind previously sent to the

other person and used for a purpose for which it was

intended to be used.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) Subsection (1) does not apply unless the card or article is sent by or

on behalf of the person who issued it.

(3) A person must not take any action that enables another person who

has a credit card to use the card as a debit card, except in

accordance with the other person’s written request.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(4) A person must not take any action that enables another person who

has a debit card to use the card as a credit card, except in

accordance with the other person’s written request.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

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(5) A credit card is an article that is one or more of the following:

(a) an article of a kind commonly known as a credit card;

(b) a similar article intended for use in obtaining cash, goods or

services on credit;

(c) an article of a kind that persons carrying on business

commonly issue to their customers, or prospective customers,

for use in obtaining goods or services from those persons on

credit;

and includes an article that may be used as an article referred to in

paragraph (a), (b) or (c).

(6) A debit card is:

(a) an article intended for use by a person in obtaining access to

an account that is held by the person for the purpose of

withdrawing or depositing cash or obtaining goods or

services; or

(b) an article that may be used as an article referred to in

paragraph (a).

40 Assertion of right to payment for unsolicited goods or services

(1) A person must not, in trade or commerce, assert a right to payment

from another person for unsolicited goods unless the person has

reasonable cause to believe that there is a right to the payment.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) A person must not, in trade or commerce, assert a right to payment

from another person for unsolicited services unless the person has

reasonable cause to believe that there is a right to the payment.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) A person must not, in trade or commerce, send to another person

an invoice or other document that:

(a) states the amount of a payment, or sets out the charge, for

unsolicited goods or unsolicited services; and

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(b) does not contain a warning statement that complies with the

requirements set out in the regulations;

unless the person has reasonable cause to believe that there is a

right to the payment or charge.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(4) In a proceeding against a person in relation to a contravention of

this section, the person bears the onus of proving that the person

had reasonable cause to believe that there was a right to the

payment or charge.

41 Liability etc. of recipient for unsolicited goods

(1) If a person, in trade or commerce, supplies unsolicited goods to

another person, the other person:

(a) is not liable to make any payment for the goods; and

(b) is not liable for loss of or damage to the goods, other than

loss or damage resulting from the other person doing a wilful

and unlawful act in relation to the goods during the recovery

period.

(2) If a person sends, in trade or commerce, unsolicited goods to

another person:

(a) neither the sender nor any person claiming under the sender

is entitled, after the end of the recovery period, to take action

for the recovery of the goods from the other person; and

(b) at the end of the recovery period, the goods become, by force

of this section, the property of the other person freed and

discharged from all liens and charges of any description.

(3) However, subsection (2) does not apply to or in relation to

unsolicited goods sent to a person if:

(a) the person has, at any time during the recovery period,

unreasonably refused to permit the sender or the owner of the

goods to take possession of the goods; or

(b) the sender or the owner of the goods has within the recovery

period taken possession of the goods; or

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(c) the goods were received by the person in circumstances in

which the person knew, or might reasonably be expected to

have known, that the goods were not intended for him or her.

(4) The recovery period is whichever of the following periods ends

first:

(a) the period of 3 months starting on the day after the day on

which the person received the goods;

(b) if the person who receives the unsolicited goods gives notice

with respect to the goods to the supplier or sender in

accordance with subsection (5)—the period of one month

starting on the day after the day on which the notice is given.

(5) A notice under subsection (4)(b):

(a) must be in writing; and

(b) must state the name and address of the person who received

the goods; and

(c) must state the address at which possession may be taken of

the goods, if it is not the address of the person; and

(d) must contain a statement to the effect that the goods are

unsolicited goods.

42 Liability of recipient for unsolicited services

If a person, in trade or commerce, supplies, or purports to supply

but does not supply, unsolicited services to another person, the

other person:

(a) is not liable to make any payment for the services; and

(b) is not liable for loss or damage as a result of the supply or

purported supply of the services.

43 Assertion of right to payment for unauthorised entries or

advertisements

(1) A person must not assert a right to payment from another person of

a charge for placing, in a publication, an entry or advertisement

relating to:

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(a) the other person; or

(b) the other person’s profession, business, trade or occupation;

unless the person knows, or has reasonable cause to believe, that

the other person authorised the placing of the entry or

advertisement.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) A person must not send to another person an invoice or other

document that:

(a) states the amount of a payment, or sets out the charge, for

placing, in a publication, an entry or advertisement relating

to:

(i) the other person; or

(ii) the other person’s profession, business, trade or

occupation; and

(b) does not contain a warning statement that complies with the

requirements set out in the regulations;

unless the person knows, or has reasonable cause to believe, that

the other person authorised the placing of the entry or

advertisement.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) Subsections (1) and (2) do not apply to an entry or advertisement

that is placed in a publication published by a person who is:

(a) the publisher of a publication that has an audited circulation

of 10,000 copies or more per week, as confirmed by the most

recent audit of the publication by a body specified in the

regulations; or

(b) a body corporate related to such a publisher; or

(c) the Commonwealth, a State or a Territory, or an authority of

the Commonwealth, a State or a Territory; or

(d) a person specified in the regulations.

(4) A person:

(a) is not liable to make any payment to another person; and

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(b) is entitled to recover by action in a court against another

person any payment made by the person to the other person;

in full or part satisfaction of a charge for placing, in a publication,

an entry or advertisement, unless the person authorised the placing

of the entry or advertisement.

(5) A person is not taken for the purposes of this section to have

authorised the placing of the entry or advertisement, unless:

(a) a document authorising the placing of the entry or

advertisement has been signed by the person or by another

person authorised by him or her; and

(b) a copy of the document has been given to the person before

the right to payment of a charge for the placing of the entry

or advertisement is asserted; and

(c) the document specifies:

(i) the name and address of the person publishing the entry

or advertisement; and

(ii) particulars of the entry or advertisement; and

(iii) the amount of the charge for the placing of the entry or

advertisement, or the basis on which the charge is, or is

to be, calculated.

(6) In a proceeding against a person in relation to a contravention of

this section, the person bears the onus of proving that the person

knew or had reasonable cause to believe that the person against

whom a right to payment was asserted had authorised the placing

of the entry or advertisement.

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Division 3—Pyramid schemes

44 Participation in pyramid schemes

(1) A person must not participate in a pyramid scheme.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) A person must not induce, or attempt to induce, another person to

participate in a pyramid scheme.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) To participate in a pyramid scheme is:

(a) to establish or promote the scheme (whether alone or

together with another person); or

(b) to take part in the scheme in any capacity (whether or not as

an employee or agent of a person who establishes or

promotes the scheme, or who otherwise takes part in the

scheme).

45 Meaning of pyramid scheme

(1) A pyramid scheme is a scheme with both of the following

characteristics:

(a) to take part in the scheme, some or all new participants must

provide, to another participant or participants in the scheme,

either of the following (a participation payment):

(i) a financial or non-financial benefit to, or for the benefit

of, the other participant or participants;

(ii) a financial or non-financial benefit partly to, or for the

benefit of, the other participant or participants and

partly to, or for the benefit of, other persons;

(b) the participation payments are entirely or substantially

induced by the prospect held out to new participants that they

will be entitled, in relation to the introduction to the scheme

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of further new participants, to be provided with either of the

following (a recruitment payment):

(i) a financial or non-financial benefit to, or for the benefit

of, new participants;

(ii) a financial or non-financial benefit partly to, or for the

benefit of, new participants and partly to, or for the

benefit of, other persons.

(2) A new participant includes a person who has applied, or been

invited, to participate in the scheme.

(3) A scheme may be a pyramid scheme:

(a) no matter who holds out to new participants the prospect of

entitlement to recruitment payments; and

(b) no matter who is to make recruitment payments to new

participants; and

(c) no matter who is to make introductions to the scheme of

further new participants.

(4) A scheme may be a pyramid scheme even if it has any or all of the

following characteristics:

(a) the participation payments may (or must) be made after the

new participants begin to take part in the scheme;

(b) making a participation payment is not the only requirement

for taking part in the scheme;

(c) the holding out of the prospect of entitlement to recruitment

payments does not give any new participant a legally

enforceable right;

(d) arrangements for the scheme are not recorded in writing

(whether entirely or partly);

(e) the scheme involves the marketing of goods or services (or

both).

46 Marketing schemes as pyramid schemes

(1) To decide, for the purpose of this Schedule, whether a scheme that

involves the marketing of goods or services (or both) is a pyramid

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scheme, a court must have regard to the following matters in

working out whether participation payments under the scheme are

entirely or substantially induced by the prospect held out to new

participants of entitlement to recruitment payments:

(a) whether the participation payments bear a reasonable

relationship to the value of the goods or services that

participants are entitled to be supplied with under the scheme

(as assessed, if appropriate, by reference to the price of

comparable goods or services available elsewhere);

(b) the emphasis given in the promotion of the scheme to the

entitlement of participants to the supply of goods or services

by comparison with the emphasis given to their entitlement

to recruitment payments.

(2) Subsection (1) does not limit the matters to which the court may

have regard in working out whether participation payments are

entirely or substantially induced by the prospect held out to new

participants of entitlement to recruitment payments.

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Division 4—Pricing

47 Multiple pricing

(1) A person must not, in trade or commerce, supply goods if:

(a) the goods have more than one displayed price; and

(b) the supply takes place for a price that is not the lower, or

lowest, of the displayed prices.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) A displayed price for goods is a price for the goods, or any

representation that may reasonably be inferred to be a

representation of a price for the goods:

(a) that is annexed or affixed to, or is written, printed, stamped

or located on, or otherwise applied to, the goods or any

covering, label, reel or thing used in connection with the

goods; or

(b) that is used in connection with the goods or anything on

which the goods are mounted for display or exposed for

supply; or

(c) that is determined on the basis of anything encoded on or in

relation to the goods; or

(d) that is published in relation to the goods in a catalogue

available to the public if:

(i) a time is specified in the catalogue as the time after

which the goods will not be sold at that price and that

time has not passed; or

(ii) in any other case—the catalogue may reasonably be

regarded as not out-of-date; or

(e) that is in any other way represented in a manner from which

it may reasonably be inferred that the price or representation

is applicable to the goods;

and includes such a price or representation that is partly obscured

by another such price or representation that is written, stamped or

located partly over that price or representation.

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(3) If:

(a) a price or representation is included in a catalogue; and

(b) the catalogue is expressed to apply only to goods supplied at

a specified location, or in a specified region;

the price or representation is taken, for the purposes of

subsection (2)(d), not to have been made in relation to supply of

the goods at a different location, or in a different region, as the case

may be.

(4) Despite subsection (2), a price or representation is not a displayed

price for goods if:

(a) the price or representation is wholly obscured by another

such price or representation that is written, stamped or

located wholly over that price or representation; or

(b) the price or representation:

(i) is expressed as a price per unit of mass, volume, length

or other unit of measure; and

(ii) is presented as an alternative means of expressing the

price for supply of the goods that is a displayed price for

the goods; or

(c) the price or representation is expressed as an amount in a

currency other than Australian currency; or

(d) the price or representation is expressed in a way that is

unlikely to be interpreted as an amount of Australian

currency.

(5) Despite subsection (2), a displayed price for goods that is a

displayed price because it has been published in a catalogue or

advertisement ceases to be a displayed price for the goods if:

(a) the displayed price is retracted; and

(b) the retraction is published in a manner that has at least a

similar circulation or audience as the catalogue or

advertisement.

48 Single price to be specified in certain circumstances

(1) A person must not, in trade or commerce, in connection with:

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(a) the supply, or possible supply, to another person of goods or

services of a kind ordinarily acquired for personal, domestic

or household use or consumption; or

(b) the promotion by any means of the supply to another person,

or of the use by another person, of goods or services of a kind

ordinarily acquired for personal, domestic or household use

or consumption;

make a representation with respect to an amount that, if paid,

would constitute a part of the consideration for the supply of the

goods or services unless the person also specifies, in a prominent

way and as a single figure, the single price for the goods or

services.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) A person is not required to include, in the single price for goods, a

charge that is payable in relation to sending the goods from the

supplier to the other person.

(3) However, if:

(a) the person does not include in the single price a charge that is

payable in relation to sending the goods from the supplier to

the other person; and

(b) the person knows, at the time of the representation, the

minimum amount of a charge in relation to sending the goods

from the supplier to the other person that must be paid by the

other person;

the person must not make the representation referred to in

subsection (1) unless the person also specifies that minimum

amount.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(4) Subsection (1) does not apply if the representation is made

exclusively to a body corporate.

(4A) Subsection (1) does not apply if:

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(a) the representation is in a class of representations prescribed

by the regulations; and

(b) the conditions (if any) prescribed by the regulations in

relation to representations in that class have been complied

with.

Note: If the representation is in a class prescribed for paragraph (a) of this

subsection and subsection (1) is complied with in relation to the

representation, there is no need to also comply with any conditions

prescribed for paragraph (b) of this subsection.

(5) For the purposes of subsection (1), the person is taken not to have

specified a single price for the goods or services in a prominent

way unless the single price is at least as prominent as the most

prominent of the parts of the consideration for the supply.

(6) Subsection (5) does not apply in relation to services to be supplied

under a contract if:

(a) the contract provides for the supply of the services for the

term of the contract; and

(b) the contract provides for periodic payments for the services

to be made during the term of the contract; and

(c) if the contract also provides for the supply of goods—the

goods are directly related to the supply of the services.

(7) The single price is the minimum quantifiable consideration for the

supply of the goods or services at the time of the representation,

including each of the following amounts (if any) that is

quantifiable at that time:

(a) a charge of any description payable to the person making the

representation by another person unless:

(i) the charge is payable at the option of the other person;

and

(ii) at or before the time of the representation, the other

person has either deselected the charge or not expressly

requested that the charge be applied;

(b) the amount which reflects any tax, duty, fee, levy or charge

imposed on the person making the representation in relation

to the supply;

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(c) any amount paid or payable by the person making the

representation in relation to the supply with respect to any

tax, duty, fee, levy or charge if:

(i) the amount is paid or payable under an agreement or

arrangement made under a law of the Commonwealth, a

State or a Territory; and

(ii) the tax, duty, fee, levy or charge would have otherwise

been payable by another person in relation to the supply.

Example 1: An airline advertises a flight for sale. Persons have the option of

paying for a carbon offset. If the carbon offset is preselected on the

airline’s online booking system, the single price for the flight must

include the carbon offset charge. This is because the person has not, at

or before the time of the representation, deselected the charge on the

online booking site. If the person deselects the optional carbon offset

charge later in the online booking process, the single price does not

need to include the carbon offset charge after the charge is deselected

because of the exception provided by paragraphs (a)(i) and (ii).

Example 2: The GST may be an example of an amount covered by paragraph (b).

Example 3: The passenger movement charge imposed under the Passenger

Movement Charge Act 1978 may be an example of an amount covered

by paragraph (c). Under an arrangement under section 10 of the

Passenger Movement Charge Collection Act 1978, airlines may pay

an amount equal to the charge that would otherwise be payable by

passengers departing Australia.

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Division 5—Other unfair practices

49 Referral selling

A person must not, in trade or commerce, induce a consumer to

acquire goods or services by representing that the consumer will,

after the contract for the acquisition of the goods or services is

made, receive a rebate, commission or other benefit in return for:

(a) giving the person the names of prospective customers; or

(b) otherwise assisting the person to supply goods or services to

other consumers;

if receipt of the rebate, commission or other benefit is contingent

on an event occurring after that contract is made.

Note: A pecuniary penalty may be imposed for a contravention of this

section.

50 Harassment and coercion

(1) A person must not use physical force, or undue harassment or

coercion, in connection with:

(a) the supply or possible supply of goods or services; or

(b) the payment for goods or services; or

(c) the sale or grant, or the possible sale or grant, of an interest in

land; or

(d) the payment for an interest in land.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) Subsections (1)(c) and (d) do not affect the application of any other

provision of Part 2-1 or this Part in relation to the supply or

acquisition, or the possible supply or acquisition, of interests in

land.

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Part 3-2—Consumer transactions

Division 1—Consumer guarantees

Subdivision A—Guarantees relating to the supply of goods

51 Guarantee as to title

(1) If a person (the supplier) supplies goods to a consumer, there is a

guarantee that the supplier will have a right to dispose of the

property in the goods when that property is to pass to the

consumer.

(2) Subsection (1) does not apply to a supply (a supply of limited title)

if an intention that the supplier of the goods should transfer only

such title as the supplier, or another person, may have:

(a) appears from the contract for the supply; or

(b) is to be inferred from the circumstances of that contract.

(3) This section does not apply if the supply is a supply by way of hire

or lease.

52 Guarantee as to undisturbed possession

(1) If:

(a) a person (the supplier) supplies goods to a consumer; and

(b) the supply is not a supply of limited title;

there is a guarantee that the consumer has the right to undisturbed

possession of the goods.

(2) Subsection (1) does not apply to the extent that the consumer’s

undisturbed possession of the goods may be lawfully disturbed by

a person who is entitled to the benefit of any security, charge or

encumbrance disclosed to the consumer before the consumer

agreed to the supply.

(3) If:

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(a) a person (the supplier) supplies goods to a consumer; and

(b) the supply is a supply of limited title;

there is a guarantee that the following persons will not disturb the

consumer’s possession of the goods:

(c) the supplier;

(d) if the parties to the contract for the supply intend that the

supplier should transfer only such title as another person may

have—that other person;

(e) anyone claiming through or under the supplier or that other

person (otherwise than under a security, charge or

encumbrance disclosed to the consumer before the consumer

agreed to the supply).

(4) This section applies to a supply by way of hire or lease only for the

period of the hire or lease.

53 Guarantee as to undisclosed securities etc.

(1) If:

(a) a person (the supplier) supplies goods to a consumer; and

(b) the supply is not a supply of limited title;

there is a guarantee that:

(c) the goods are free from any security, charge or encumbrance:

(i) that was not disclosed to the consumer, in writing,

before the consumer agreed to the supply; or

(ii) that was not created by or with the express consent of

the consumer; and

(d) the goods will remain free from such a security, charge or

encumbrance until the time when the property in the goods

passes to the consumer.

(2) A supplier does not fail to comply with the guarantee only because

of the existence of a floating charge over the supplier’s assets

unless and until the charge becomes fixed and enforceable by the

person to whom the charge is given.

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Note: Section 339 of the Personal Property Securities Act 2009 affects the

meaning of the references in this subsection to a floating charge and a

fixed charge.

(3) If:

(a) a person (the supplier) supplies goods to a consumer; and

(b) the supply is a supply of limited title;

there is a guarantee that all securities, charges or encumbrances

known to the supplier, and not known to the consumer, were

disclosed to the consumer before the consumer agreed to the

supply.

(4) This section does not apply if the supply is a supply by way of hire

or lease.

54 Guarantee as to acceptable quality

(1) If:

(a) a person supplies, in trade or commerce, goods to a

consumer; and

(b) the supply does not occur by way of sale by auction;

there is a guarantee that the goods are of acceptable quality.

(2) Goods are of acceptable quality if they are as:

(a) fit for all the purposes for which goods of that kind are

commonly supplied; and

(b) acceptable in appearance and finish; and

(c) free from defects; and

(d) safe; and

(e) durable;

as a reasonable consumer fully acquainted with the state and

condition of the goods (including any hidden defects of the goods),

would regard as acceptable having regard to the matters in

subsection (3).

(3) The matters for the purposes of subsection (2) are:

(a) the nature of the goods; and

(b) the price of the goods (if relevant); and

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(c) any statements made about the goods on any packaging or

label on the goods; and

(d) any representation made about the goods by the supplier or

manufacturer of the goods; and

(e) any other relevant circumstances relating to the supply of the

goods.

(4) If:

(a) goods supplied to a consumer are not of acceptable quality;

and

(b) the only reason or reasons why they are not of acceptable

quality were specifically drawn to the consumer’s attention

before the consumer agreed to the supply;

the goods are taken to be of acceptable quality.

(5) If:

(a) goods are displayed for sale or hire; and

(b) the goods would not be of acceptable quality if they were

supplied to a consumer;

the reason or reasons why they are not of acceptable quality are

taken, for the purposes of subsection (4), to have been specifically

drawn to a consumer’s attention if those reasons were disclosed on

a written notice that was displayed with the goods and that was

transparent.

(6) Goods do not fail to be of acceptable quality if:

(a) the consumer to whom they are supplied causes them to

become of unacceptable quality, or fails to take reasonable

steps to prevent them from becoming of unacceptable

quality; and

(b) they are damaged by abnormal use.

(7) Goods do not fail to be of acceptable quality if:

(a) the consumer acquiring the goods examines them before the

consumer agrees to the supply of the goods; and

(b) the examination ought reasonably to have revealed that the

goods were not of acceptable quality.

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55 Guarantee as to fitness for any disclosed purpose etc.

(1) If:

(a) a person (the supplier) supplies, in trade or commerce, goods

to a consumer; and

(b) the supply does not occur by way of sale by auction;

there is a guarantee that the goods are reasonably fit for any

disclosed purpose, and for any purpose for which the supplier

represents that they are reasonably fit.

(2) A disclosed purpose is a particular purpose (whether or not that

purpose is a purpose for which the goods are commonly supplied)

for which the goods are being acquired by the consumer and that:

(a) the consumer makes known, expressly or by implication, to:

(i) the supplier; or

(ii) a person by whom any prior negotiations or

arrangements in relation to the acquisition of the goods

were conducted or made; or

(b) the consumer makes known to the manufacturer of the goods

either directly or through the supplier or the person referred

to in paragraph (a)(ii).

(3) This section does not apply if the circumstances show that the

consumer did not rely on, or that it was unreasonable for the

consumer to rely on, the skill or judgment of the supplier, the

person referred to in subsection (2)(a)(ii) or the manufacturer, as

the case may be.

56 Guarantee relating to the supply of goods by description

(1) If:

(a) a person supplies, in trade or commerce, goods by

description to a consumer; and

(b) the supply does not occur by way of sale by auction;

there is a guarantee that the goods correspond with the description.

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(2) A supply of goods is not prevented from being a supply by

description only because, having been exposed for sale or hire,

they are selected by the consumer.

(3) If goods are supplied by description as well as by reference to a

sample or demonstration model, the guarantees in this section and

in section 57 both apply.

57 Guarantees relating to the supply of goods by sample or

demonstration model

(1) If:

(a) a person supplies, in trade or commerce, goods to a consumer

by reference to a sample or demonstration model; and

(b) the supply does not occur by way of sale by auction;

there is a guarantee that:

(c) the goods correspond with the sample or demonstration

model in quality, state or condition; and

(d) if the goods are supplied by reference to a sample—the

consumer will have a reasonable opportunity to compare the

goods with the sample; and

(e) the goods are free from any defect that:

(i) would not be apparent on reasonable examination of the

sample or demonstration model; and

(ii) would cause the goods not to be of acceptable quality.

(2) If goods are supplied by reference to a sample or demonstration

model as well as by description, the guarantees in section 56 and in

this section both apply.

58 Guarantee as to repairs and spare parts

(1) If:

(a) a person supplies, in trade or commerce, goods to a

consumer; and

(b) the supply does not occur by way of sale by auction;

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there is a guarantee that the manufacturer of the goods will take

reasonable action to ensure that facilities for the repair of the

goods, and parts for the goods, are reasonably available for a

reasonable period after the goods are supplied.

(2) This section does not apply if the manufacturer took reasonable

action to ensure that the consumer would be given written notice,

at or before the time when the consumer agrees to the supply of the

goods, that:

(a) facilities for the repair of the goods would not be available or

would not be available after a specified period; or

(b) parts for the goods would not be available or would not be

available after a specified period.

59 Guarantee as to express warranties

(1) If:

(a) a person supplies, in trade or commerce, goods to a

consumer; and

(b) the supply does not occur by way of sale by auction;

there is a guarantee that the manufacturer of the goods will comply

with any express warranty given or made by the manufacturer in

relation to the goods.

(2) If:

(a) a person supplies, in trade or commerce, goods to a

consumer; and

(b) the supply does not occur by way of sale by auction;

there is a guarantee that the supplier will comply with any express

warranty given or made by the supplier in relation to the goods.

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Subdivision B—Guarantees relating to the supply of services

60 Guarantee as to due care and skill

If a person supplies, in trade or commerce, services to a consumer,

there is a guarantee that the services will be rendered with due care

and skill.

61 Guarantees as to fitness for a particular purpose etc.

(1) If:

(a) a person (the supplier) supplies, in trade or commerce,

services to a consumer; and

(b) the consumer, expressly or by implication, makes known to

the supplier any particular purpose for which the services are

being acquired by the consumer;

there is a guarantee that the services, and any product resulting

from the services, will be reasonably fit for that purpose.

(2) If:

(a) a person (the supplier) supplies, in trade or commerce,

services to a consumer; and

(b) the consumer makes known, expressly or by implication, to:

(i) the supplier; or

(ii) a person by whom any prior negotiations or

arrangements in relation to the acquisition of the

services were conducted or made;

the result that the consumer wishes the services to achieve;

there is a guarantee that the services, and any product resulting

from the services, will be of such a nature, and quality, state or

condition, that they might reasonably be expected to achieve that

result.

(3) This section does not apply if the circumstances show that the

consumer did not rely on, or that it was unreasonable for the

consumer to rely on, the skill or judgment of the supplier.

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(4) This section does not apply to a supply of services of a professional

nature by a qualified architect or engineer.

62 Guarantee as to reasonable time for supply

If:

(a) a person (the supplier) supplies, in trade or commerce,

services to a consumer; and

(b) the time within which the services are to be supplied:

(i) is not fixed by the contract for the supply of the

services; or

(ii) is not to be determined in a manner agreed to by the

consumer and supplier;

there is a guarantee that the services will be supplied within a

reasonable time.

63 Services to which this Subdivision does not apply

(1) This Subdivision does not apply to services that are, or are to be,

supplied under:

(a) a contract for or in relation to the transportation or storage of

goods for the purposes of a business, trade, profession or

occupation carried on or engaged in by the person for whom

the goods are transported or stored; or

(b) a contract of insurance.

(2) To avoid doubt, subsection (1)(a) does not apply if the consignee

of the goods is not carrying on or engaged in a business, trade,

profession or occupation in relation to the goods.

Note: This subsection was inserted as a response to the decision of the High

Court of Australia in Wallis v Downard-Pickford (North Queensland)

Pty Ltd [1994] HCA 17.

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Subdivision C—Guarantees not to be excluded etc. by contract

64 Guarantees not to be excluded etc. by contract

(1) A term of a contract (including a term that is not set out in the

contract but is incorporated in the contract by another term of the

contract) is void to the extent that the term purports to exclude,

restrict or modify, or has the effect of excluding, restricting or

modifying:

(a) the application of all or any of the provisions of this

Division; or

(b) the exercise of a right conferred by such a provision; or

(c) any liability of a person for a failure to comply with a

guarantee that applies under this Division to a supply of

goods or services.

(2) A term of a contract is not taken, for the purposes of this section, to

exclude, restrict or modify the application of a provision of this

Division unless the term does so expressly or is inconsistent with

the provision.

64A Limitation of liability for failures to comply with guarantees

(1) A term of a contract for the supply by a person of goods other than

goods of a kind ordinarily acquired for personal, domestic or

household use or consumption is not void under section 64 merely

because the term limits the person’s liability for failure to comply

with a guarantee (other than a guarantee under section 51, 52 or

53) to one or more of the following:

(a) the replacement of the goods or the supply of equivalent

goods;

(b) the repair of the goods;

(c) the payment of the cost of replacing the goods or of acquiring

equivalent goods;

(d) the payment of the cost of having the goods repaired.

(2) A term of a contract for the supply by a person of services other

than services of a kind ordinarily acquired for personal, domestic

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or household use or consumption is not void under section 64

merely because the term limits the person’s liability for failure to

comply with a guarantee to:

(a) the supplying of the services again; or

(b) the payment of the cost of having the services supplied again.

(3) This section does not apply in relation to a term of a contract if the

person to whom the goods or services were supplied establishes

that it is not fair or reasonable for the person who supplied the

goods or services to rely on that term of the contract.

(4) In determining for the purposes of subsection (3) whether or not

reliance on a term of a contract is fair or reasonable, a court is to

have regard to all the circumstances of the case, and in particular to

the following matters:

(a) the strength of the bargaining positions of the person who

supplied the goods or services and the person to whom the

goods or services were supplied (the buyer) relative to each

other, taking into account, among other things, the

availability of equivalent goods or services and suitable

alternative sources of supply;

(b) whether the buyer received an inducement to agree to the

term or, in agreeing to the term, had an opportunity of

acquiring the goods or services or equivalent goods or

services from any source of supply under a contract that did

not include that term;

(c) whether the buyer knew or ought reasonably to have known

of the existence and extent of the term (having regard, among

other things, to any custom of the trade and any previous

course of dealing between the parties);

(d) in the case of the supply of goods, whether the goods were

manufactured, processed or adapted to the special order of

the buyer.

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Subdivision D—Miscellaneous

65 Application of this Division to supplies of gas, electricity and

telecommunications

(1) This Division does not apply to a supply if the supply:

(a) is a supply of a kind specified in the regulations; and

(b) is a supply of gas, electricity or a telecommunications

service.

(2) A telecommunications service is a service for carrying

communications by means of guided or unguided electromagnetic

energy or both.

66 Display notices

(1) The Commonwealth Minister may determine, in writing, that

persons (the suppliers) who make supplies, or supplies of a

specified kind, to which guarantees apply under this Division are

required to display, in accordance with the determination, a notice

that meets the requirements of the determination.

(2) A supplier who makes a supply to a consumer to which a guarantee

applies under this Division, and to which such a determination

relates, must ensure that a notice that meets those requirements is,

in accordance with the determination:

(a) if the consumer takes delivery of the goods or services at the

supplier’s premises—displayed at those premises; or

(b) otherwise—drawn to the consumer’s attention before the

consumer agrees to the supply of the goods.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) Without limiting subsection (1), a determination under that

subsection may do all or any of the following:

(a) require the notice to include specified information about the

application of all or any of the provisions of this Division and

Part 5-4;

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(b) specify where the notice must be displayed;

(c) specify how the notice must be drawn to the attention of

consumers;

(d) specify requirements as to the form of the notice.

67 Conflict of laws

If:

(a) the proper law of a contract for the supply of goods or

services to a consumer would be the law of any part of

Australia but for a term of the contract that provides

otherwise; or

(b) a contract for the supply of goods or services to a consumer

contains a term that purports to substitute, or has the effect of

substituting, the following provisions for all or any of the

provisions of this Division:

(i) the provisions of the law of a country other than

Australia;

(ii) the provisions of the law of a State or a Territory;

the provisions of this Division apply in relation to the supply under

the contract despite that term.

68 Convention on Contracts for the International Sale of Goods

The provisions of the United Nations Convention on Contracts for

the International Sale of Goods, done at Vienna on 11 April 1980,

as amended and in force for Australia from time to time, prevail

over the provisions of this Division to the extent of any

inconsistency.

Note: The text of the Convention is set out in Australian Treaty Series 1988

No. 32 ([1988] ATS 32). In 2010, the text of a Convention in the

Australian Treaty Series was accessible through the Australian

Treaties Library on the AustLII website (www.austlii.edu.au).

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Division 2—Unsolicited consumer agreements

Subdivision A—Introduction

69 Meaning of unsolicited consumer agreement

(1) An agreement is an unsolicited consumer agreement if:

(a) it is for the supply, in trade or commerce, of goods or

services to a consumer; and

(b) it is made as a result of negotiations between a dealer and the

consumer:

(i) in each other’s presence at a place other than the

business or trade premises of the supplier of the goods

or services; or

(ii) by telephone;

whether or not they are the only negotiations that precede the

making of the agreement; and

(c) the consumer did not invite the dealer to come to that place,

or to make a telephone call, for the purposes of entering into

negotiations relating to the supply of those goods or services

(whether or not the consumer made such an invitation in

relation to a different supply); and

(d) the total price paid or payable by the consumer under the

agreement:

(i) is not ascertainable at the time the agreement is made;

or

(ii) if it is ascertainable at that time—is more than $100 or

such other amount prescribed by the regulations.

(1AA) To avoid doubt, a place mentioned in subsection (1)(b)(i) may be a

public place, and need not be a place the dealer cannot enter

without the consumer’s consent or invitation.

Note: This subsection was inserted as a response to the decision of the

Federal Court of Australia in Australian Competition and Consumer

Commission v A.C.N. 099 814 749 Pty Ltd [2016] FCA 403.

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(1A) The consumer is not taken, for the purposes of subsection (1)(c), to

have invited the dealer to come to that place, or to make a

telephone call, merely because the consumer has:

(a) given his or her name or contact details other than for the

predominant purpose of entering into negotiations relating to

the supply of the goods or services referred to in

subsection (1)(c); or

(b) contacted the dealer in connection with an unsuccessful

attempt by the dealer to contact the consumer.

(2) An invitation merely to quote a price for a supply is not taken, for

the purposes of subsection (1)(c), to be an invitation to enter into

negotiations for a supply.

(3) An agreement is also an unsolicited consumer agreement if it is an

agreement of a kind that the regulations provide are unsolicited

consumer agreements.

(4) However, despite subsections (1) and (3), an agreement is not an

unsolicited consumer agreement if it is an agreement of a kind

that the regulations provide are not unsolicited consumer

agreements.

70 Presumption that agreements are unsolicited consumer

agreements

(1) In a proceeding relating to a contravention or possible

contravention of this Division (other than a criminal proceeding),

an agreement is presumed to be an unsolicited consumer agreement

if:

(a) a party to the proceeding alleges that the agreement is an

unsolicited consumer agreement; and

(b) no other party to the proceeding proves that the agreement is

not an unsolicited consumer agreement.

(2) In a proceeding relating to a contravention or possible

contravention of this Division (other than a criminal proceeding), it

is presumed that a proposed agreement would be an unsolicited

consumer agreement if it were made if:

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(a) a party to the proceeding alleges that the proposed agreement

would be an unsolicited consumer agreement if it were made;

and

(b) no other party to the proceeding proves that the proposed

agreement would not be an unsolicited consumer agreement

if it were made.

71 Meaning of dealer

A dealer is a person who, in trade or commerce:

(a) enters into negotiations with a consumer with a view to

making an agreement for the supply of goods or services to

the consumer; or

(b) calls on, or telephones, a consumer for the purpose of

entering into such negotiations;

whether or not that person is, or is to be, the supplier of the goods

or services.

72 Meaning of negotiation

A negotiation, in relation to an agreement or a proposed

agreement, includes any discussion or dealing directed towards the

making of the agreement or proposed agreement (whether or not

the terms of the agreement or proposed agreement are open to any

discussion or dealing).

Subdivision B—Negotiating unsolicited consumer agreements

73 Permitted hours for negotiating an unsolicited consumer

agreement

(1) A dealer must not call on a person for the purpose of negotiating an

unsolicited consumer agreement, or for an incidental or related

purpose:

(a) at any time on a Sunday or a public holiday; or

(b) before 9 am on any other day; or

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(c) after 6 pm on any other day (or after 5 pm if the other day is

a Saturday).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) Subsection (1) does not apply if the dealer calls on the person in

accordance with consent that:

(a) was given by the person to the dealer or a person acting on

the dealer’s behalf; and

(b) was not given in the presence of the dealer or a person acting

on the dealer’s behalf.

Note: The Do Not Call Register Act 2006 may apply to a telephone call

made for the purpose of negotiating an unsolicited consumer

agreement.

74 Disclosing purpose and identity

A dealer who calls on a person for the purpose of negotiating an

unsolicited consumer agreement, or for an incidental or related

purpose, must, as soon as practicable and in any event before

starting to negotiate:

(a) clearly advise the person that the dealer’s purpose is to seek

the person’s agreement to a supply of the goods or services

concerned; and

(b) clearly advise the person that the dealer is obliged to leave

the premises immediately on request; and

(c) provide to the person such information relating to the

dealer’s identity as is prescribed by the regulations.

Note: A pecuniary penalty may be imposed for a contravention of this

section.

75 Ceasing to negotiate on request

(1) A dealer who calls on a person at any premises for the purpose of

negotiating an unsolicited consumer agreement, or for an incidental

or related purpose, must leave the premises immediately on the

request of:

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(a) the occupier of the premises, or any person acting with the

actual or apparent authority of the occupier; or

(b) the person (the prospective consumer) with whom the

negotiations are being conducted.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) If the prospective consumer makes such a request, the dealer must

not contact the prospective consumer for the purpose of negotiating

an unsolicited consumer agreement (or for an incidental or related

purpose) for at least 30 days after the prospective consumer makes

the request.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) If the dealer is not, or is not to be, the supplier of the goods or

services to which the negotiations relate:

(a) subsection (2) applies to that supplier, and any person acting

on behalf of that supplier, in the same way that it applies to

the dealer; but

(b) subsection (2) does not apply to the dealer contacting the

prospective customer in relation to a supply by another

supplier.

76 Informing person of termination period etc.

A dealer must not make an unsolicited consumer agreement with a

person unless:

(a) before the agreement is made, the person is given

information as to the following:

(i) the person’s right to terminate the agreement during the

termination period;

(ii) the way in which the person may exercise that right;

(iii) such other matters as are prescribed by the regulations;

and

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(b) if the agreement is made in the presence of both the dealer

and the person—the person is given the information in

writing; and

(c) if the agreement is made by telephone—the person is given

the information by telephone, and is subsequently given the

information in writing; and

(d) the form in which, and the way in which, the person is given

the information complies with any other requirements

prescribed by the regulations.

Note: A pecuniary penalty may be imposed for a contravention of this

section.

77 Liability of suppliers for contraventions by dealers

If:

(a) a dealer contravenes a provision of this Subdivision in

relation to an unsolicited consumer agreement; and

(b) the dealer is not, or is not to be, the supplier of the goods or

services to which the agreement relates;

the supplier of the goods or services is also taken to have

contravened that provision in relation to the agreement.

Subdivision C—Requirements for unsolicited consumer

agreements etc.

78 Requirement to give document to the consumer

(1) If an unsolicited consumer agreement was not negotiated by

telephone, the dealer who negotiated the agreement must give a

copy of the agreement to the consumer under the agreement

immediately after the consumer signs the agreement.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) If an unsolicited consumer agreement was negotiated by telephone,

the dealer who negotiated the agreement must, within 5 business

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days after the agreement was made or such longer period agreed by

the parties, give to the consumer under the agreement:

(a) personally; or

(b) by post; or

(c) with the consumer’s consent—by electronic communication;

a document (the agreement document) evidencing the agreement.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) An unsolicited consumer agreement was negotiated by telephone if

the negotiations that resulted in the making of the agreement took

place by telephone (whether or not other negotiations preceded the

making of the agreement).

79 Requirements for all unsolicited consumer agreements etc.

The supplier under an unsolicited consumer agreement must ensure

that the agreement, or (if the agreement was negotiated by

telephone) the agreement document, complies with the following

requirements:

(a) it must set out in full all the terms of the agreement,

including:

(i) the total consideration to be paid or provided by the

consumer under the agreement or, if the total

consideration is not ascertainable at the time the

agreement is made, the way in which it is to be

calculated; and

(ii) any postal or delivery charges to be paid by the

consumer;

(b) its front page must include a notice that:

(i) conspicuously and prominently informs the consumer of

the consumer’s right to terminate the agreement; and

(ii) conspicuously and prominently sets out any other

information prescribed by the regulations; and

(iii) complies with any other requirements prescribed by the

regulations;

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(c) it must be accompanied by a notice that:

(i) may be used by the consumer to terminate the

agreement; and

(ii) complies with any requirements prescribed by the

regulations;

(d) it must conspicuously and prominently set out in full:

(i) the supplier’s name; and

(ii) if the supplier has an ABN—the supplier’s ABN; and

(iii) if the supplier does not have an ABN but has an ACN—

the supplier’s ACN; and

(iv) the supplier’s business address (not being a post box) or,

if the supplier does not have a business address, the

supplier’s residential address; and

(v) if the supplier has an email address—the supplier’s

email address; and

(vi) if the supplier has a fax number—the supplier’s fax

number;

(e) it must be printed clearly or typewritten (apart from any

amendments to the printed or typewritten form, which may

be handwritten);

(f) it must be transparent.

Note: A pecuniary penalty may be imposed for a contravention of this

section.

80 Additional requirements for unsolicited consumer agreements

not negotiated by telephone

The supplier under an unsolicited consumer agreement that was not

negotiated by telephone must ensure that, in addition to complying

with the requirements of section 79, the agreement complies with

the following requirements:

(a) the agreement must be signed by the consumer under the

agreement;

(b) if the agreement is signed by a person on the supplier’s

behalf—the agreement must state that the person is acting on

the supplier’s behalf, and must set out in full:

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(i) the person’s name; and

(ii) the person’s business address (not being a post box) or,

if the person does not have a business address, the

person’s residential address; and

(iii) if the person has an email address—the person’s email

address.

Note: A pecuniary penalty may be imposed for a contravention of this

section.

81 Requirements for amendments of unsolicited consumer

agreements

The supplier under an unsolicited consumer agreement must ensure

that any amendments to the agreement are signed by both parties to

the agreement.

Note: A pecuniary penalty may be imposed for a contravention of this

section.

Subdivision D—Terminating unsolicited consumer agreements

82 Terminating an unsolicited consumer agreement during the

termination period

(1) The consumer under an unsolicited consumer agreement may,

during the period provided under subsection (3), terminate the

agreement by indicating, in an oral or written notice to the supplier

under the agreement, an intention to terminate the agreement.

(2) A right of termination under this section may be exercised:

(a) despite affirmation of the agreement by the consumer; and

(b) even though the agreement has been fully executed.

(3) The period during which the consumer may terminate the

agreement is whichever of the following periods is the longest:

(a) if the agreement was not negotiated by telephone—the period

starting on the day on which the agreement was made and

ending at the end of the tenth business day after the day on

which the agreement was made;

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(b) if the agreement was negotiated by telephone—the period

starting on the day on which the agreement was made and

ending at the end of the tenth business day after the day on

which the consumer was given the agreement document

relating to the agreement;

(c) if one or more of sections 73 (permitted hours for negotiating

an unsolicited consumer agreement), 74 (disclosing purpose

and identity) and 75 (ceasing to negotiate on request) were

contravened in relation to the agreement:

(i) if the agreement was not negotiated by telephone—the

period starting on the day on which the agreement was

made and ending at the end of the period of 3 months

starting on the day after the day on which the agreement

was made; or

(ii) if the agreement was negotiated by telephone—the

period starting on the day on which the agreement was

made and ending at the end of the period of 3 months

starting on the day after the day on which the consumer

was given the agreement document relating to the

agreement;

(d) if one or more of section 76 (informing consumer of

termination period), a provision of Subdivision C

(requirements for unsolicited consumer agreements) and

section 86 (prohibition on supplies etc.) were contravened in

relation to the agreement:

(i) if the agreement was not negotiated by telephone—the

period starting on the day on which the agreement was

made and ending at the end of the period of 6 months

starting on the day after the day on which the agreement

was made; or

(ii) if the agreement was negotiated by telephone—the

period starting on the day on which the agreement was

made and ending at the end of the period of 6 months

starting on the day after the day on which the consumer

was given the agreement document relating to the

agreement;

(e) such other period as the agreement provides.

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(4) If the notice under subsection (1) is written, it may be given:

(a) by delivering it personally to the supplier; or

(b) by delivering it, or sending it by post, in an envelope

addressed to the supplier, to the supplier’s address referred to

in section 79(d)(iv); or

(c) if the supplier has an email address—by sending it to the

supplier’s email address referred to in section 79(d)(v); or

(d) if the supplier has a fax number—by faxing it to the

supplier’s fax number referred to in section 79(d)(vi).

(5) A notice under subsection (1) sent by post to a supplier is taken to

have been given to the supplier at the time of posting.

(6) There are no requirements relating to the form or content of a

notice under subsection (1).

83 Effect of termination

(1) If an unsolicited consumer agreement is terminated in accordance

with section 82:

(a) the agreement is taken to have been rescinded by mutual

consent; and

(b) any related contract or instrument is void.

(2) A related contract or instrument, in relation to an unsolicited

consumer agreement, is:

(a) any contract of guarantee or indemnity that is related to the

agreement; or

(b) any instrument related to the agreement that creates a

mortgage or charge in favour of the supplier under the

contract or the dealer in relation to the contract (or a person

nominated by the supplier or dealer); or

(c) any contract or instrument (other than an instrument of a kind

referred to in paragraph (b)) that is collateral or related to the

agreement;

but does not include a tied continuing credit contract (within the

meaning of section 127(2) of Schedule 1 to the National Consumer

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Credit Protection Act 2009), or a tied loan contract (within the

meaning of section 127(3) of that Schedule).

(3) The termination of an unsolicited consumer agreement has effect

for the purposes of section 82 and this section even if:

(a) the supplier under the agreement has not received the notice

of termination; or

(b) the goods or services supplied under the agreement have

been wholly or partly consumed or used.

84 Obligations of suppliers on termination

If an unsolicited consumer agreement is terminated in accordance

with section 82, the supplier under the agreement must,

immediately upon being notified of the termination, return or

refund to the consumer under the agreement any consideration (or

the value of any consideration) that the consumer gave under the

agreement or a related contract or instrument.

Note: A pecuniary penalty may be imposed for a contravention of this

section.

85 Obligations and rights of consumers on termination

(1) If an unsolicited consumer agreement is terminated in accordance

with section 82, the consumer under the agreement must, within a

reasonable time:

(a) return to the supplier under the agreement any goods:

(i) that have been received from the supplier under the

agreement; and

(ii) that the consumer has not already consumed; or

(b) notify the supplier of the place where the supplier may

collect the goods.

(2) The goods become the property of the consumer, freed and

discharged from all liens and charges of any description, if:

(a) the consumer gives notice to the supplier under

subsection (1)(b); and

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(b) the supplier does not collect the goods within 30 days after

the termination of the contract.

(3) If:

(a) the agreement is terminated in accordance with section 82

after the end of:

(i) if the agreement was not negotiated by telephone—the

period starting on the day on which the agreement was

made and ending at the end of the tenth business day

after the day on which the agreement was made; or

(ii) if the agreement was negotiated by telephone—the

period starting on the day on which the agreement was

made and ending at the end of the tenth business day

after the day on which the consumer was given the

agreement document relating to the agreement; and

(b) the consumer returns the goods to the supplier, or the

supplier collects the goods, under this section; and

(c) the consumer has failed to take reasonable care of the goods;

the consumer is liable to pay compensation to the supplier for the

damage to, or depreciation in the value of, the goods.

(4) The compensation is recoverable in a court of competent

jurisdiction.

(5) However, the consumer is not liable for any such damage or

depreciation attributable to normal use of the goods or to

circumstances beyond the consumer’s control.

(6) If:

(a) an unsolicited consumer agreement is terminated in

accordance with section 82 after the end of:

(i) if the agreement was not negotiated by telephone—the

period starting on the day on which the agreement was

made and ending at the end of the tenth business day

after the day on which the agreement was made; or

(ii) if the agreement was negotiated by telephone—the

period starting on the day on which the agreement was

made and ending at the end of the tenth business day

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after the day on which the consumer was given the

agreement document relating to the agreement; and

(b) prior to the termination, but after the end of that period, a

service was supplied under the agreement;

the termination does not affect any liability of the consumer under

the agreement to provide consideration for the service.

86 Prohibition on supplies etc.

(1) The supplier under an unsolicited consumer agreement must not:

(a) supply to the consumer under the agreement the goods or

services to be supplied under the agreement; or

(b) accept any payment, or any other consideration, in

connection with those goods or services; or

(c) require any payment, or any other consideration, in

connection with those goods or services;

during:

(d) if the agreement was not negotiated by telephone—the period

starting on the day on which the agreement was made and

ending at the end of the tenth business day after the day on

which the agreement was made; or

(e) if the agreement was negotiated by telephone—the period

starting on the day on which the agreement was made and

ending at the end of the tenth business day after the day on

which the consumer was given the agreement document

relating to the agreement.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) If the supplier supplies goods to the consumer in contravention of

this section, the consumer has the same rights in relation to the

goods as if the goods were unsolicited goods.

Note: Section 41 deals with unsolicited goods.

(3) If the supplier supplies services to the consumer in contravention

of this section, the consumer has the same rights in relation to the

services as if the services were unsolicited services.

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Note: Section 42 deals with unsolicited services.

87 Repayment of payments received after termination

If an unsolicited consumer agreement is terminated in accordance

with section 82, the supplier under the agreement must

immediately refund to the consumer under the agreement any

payment:

(a) that the consumer, or a person acting on the consumer’s

behalf, makes to the supplier after the termination; and

(b) that purports to be made under the agreement or a related

contract or instrument.

Note: A pecuniary penalty may be imposed for a contravention of this

section.

88 Prohibition on recovering amounts after termination

(1) If an unsolicited consumer agreement is terminated in accordance

with section 82, a person must not:

(a) bring, or assert an intention to bring, legal proceedings

against the consumer; or

(b) take, or assert an intention to take, any other action against

the consumer;

in relation to an amount alleged to be payable, under the agreement

or a related contract or instrument, by the consumer under the

agreement.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(1A) Subsection (1) does not apply to:

(a) bringing, or asserting an intention to bring, legal proceedings

against the consumer; or

(b) taking, or asserting an intention to take, any other action

against the consumer;

to enforce a liability under section 85(3), or a liability of a kind

referred to in section 85(6).

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(2) If an unsolicited consumer agreement is terminated in accordance

with section 82, a person must not, for the purpose of recovering an

amount alleged to be payable, under the agreement or a related

contract or instrument, by the consumer under the agreement:

(a) place the consumer’s name, or cause the consumer’s name to

be placed, on a list of defaulters or debtors; or

(b) assert an intention to place the consumer’s name, or cause the

consumer’s name to be placed, on such a list.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) Without limiting Division 2 of Part 5-2, an injunction granted

under that Division may require a person responsible for keeping a

list of defaulters or debtors on which the consumer’s name has

been wrongly placed to remove the name from that list.

Subdivision E—Miscellaneous

89 Certain provisions of unsolicited consumer agreements void

(1) A provision (however described) of an unsolicited consumer

agreement is void if it has the effect of, or purports to have the

effect of:

(a) excluding, limiting, modifying or restricting a right of the

consumer under the agreement to terminate the agreement

under this Division; or

(b) otherwise excluding, limiting, modifying or restricting the

effect or operation of this Division; or

(c) making a dispute relating to the agreement, or to a supply to

which the agreement relates, justiciable by a court by which

the dispute would not otherwise be justiciable.

(2) The supplier under an unsolicited consumer agreement must ensure

that the agreement does not include, or purport to include, a

provision (however described) that is, or would be, void because of

subsection (1).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

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(3) The supplier under an unsolicited consumer agreement must not

attempt to enforce or rely on a provision (however described) that

is void because of subsection (1).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

90 Waiver of rights

(1) The consumer under an unsolicited consumer agreement is not

competent to waive any right conferred by this Division.

(2) The supplier under the unsolicited consumer agreement must not

induce, or attempt to induce, the consumer to waive any right

conferred by this Division.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

91 Application of this Division to persons to whom rights of

consumers and suppliers are assigned etc.

(1) This Division applies in relation to a person to whom the rights of

a consumer (the original consumer) under a contract for the supply

of goods or services are assigned or transferred, or pass by

operation of law, (whether from the original consumer or from

another person) as if the person were the original consumer.

(2) This Division applies in relation to a person to whom the rights of

a supplier (the original supplier) under a contract for the supply of

goods or services are assigned or transferred, or pass by operation

of law, (whether from the original supplier or from another person)

as if the person were the original supplier.

92 Application of this Division to supplies to third parties

This Division applies in relation to a contract for the supply of

goods or services to a consumer (the original consumer) on the

order of another person as if the other person were also the

consumer.

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93 Effect of contravening this Division

(1) The supplier under an unsolicited consumer agreement cannot

enforce the agreement against the consumer under the agreement if

a provision of this Division (other than section 85) has been

contravened in relation to the agreement.

(2) This section does not prevent any action being taken under this

Schedule in relation to the contravention.

94 Regulations may limit the application of this Division

This Division (other than section 73) does not apply, or provisions

of this Division (other than section 73) that are specified in the

regulations do not apply, to or in relation to:

(a) circumstances of a kind specified in the regulations; or

(b) agreements of a kind specified in the regulations; or

(c) the conduct of businesses of a kind specified in the

regulations.

95 Application of this Division to certain conduct covered by the

Corporations Act

This Division does not apply in relation to conduct to which

section 736, 992A or 992AA of the Corporations Act 2001 applies.

Note: Section 736 of the Corporations Act 2001 prohibits hawking of

securities. Section 992A of that Act prohibits hawking of certain

financial products. Section 992AA of that Act prohibits hawking of

interests in managed investment schemes (which for the purposes of

that Act include interests in notified foreign passport funds).

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Division 3—Lay-by agreements

96 Lay-by agreements must be in writing etc.

(1) A supplier of goods who is a party to a lay-by agreement must

ensure that:

(a) the agreement is in writing; and

(b) a copy of the agreement is given to the consumer to whom

the goods are, or are to be, supplied.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) A supplier of goods who is a party to a lay-by agreement must

ensure that the agreement is transparent.

(3) A lay-by agreement is an agreement between a supplier of goods

and a consumer for the supply, in trade or commerce, of the goods

on terms (whether express or implied) which provide that:

(a) the goods will not be delivered to the consumer until the total

price of the goods has been paid; and

(b) the price of the goods is to be paid by:

(i) 3 or more instalments; or

(ii) if the agreement specifies that it is a lay-by agreement—

2 or more instalments.

(4) For the purposes of subsection (3)(b), any deposit paid by the

consumer for the goods is taken to be an instalment.

97 Termination of lay-by agreements by consumers

(1) A consumer who is party to a lay-by agreement may terminate the

agreement at any time before the goods to which the agreement

relates are delivered to the consumer under the agreement.

(2) A supplier of goods who is a party to a lay-by agreement must

ensure that the agreement does not require the consumer to pay a

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charge (a termination charge) for the termination of the agreement

unless:

(a) the agreement is terminated by the consumer; and

(b) the supplier has not breached the agreement.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) A supplier of goods who is a party to a lay-by agreement must

ensure that, if the agreement provides that a termination charge is

payable, the amount of the charge is not more than the supplier’s

reasonable costs in relation to the agreement.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

98 Termination of lay-by agreements by suppliers

A supplier of goods who is a party to a lay-by agreement must not

terminate the agreement unless:

(a) the consumer who is a party to the agreement breached a

term of the agreement; or

(b) the supplier is no longer engaged in trade or commerce; or

(c) the goods to which the agreement relates are no longer

available.

Note: A pecuniary penalty may be imposed for a contravention of this

section.

99 Effect of termination

(1) If a lay-by agreement is terminated by a party to the agreement, the

supplier must refund to the consumer all the amounts paid by the

consumer under the agreement other than any termination charge

that is payable under the agreement.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) The supplier is entitled to recover any unpaid termination charge

from the consumer as a debt if the amounts paid by the consumer

under the lay-by agreement are not enough to cover the charge.

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(3) If a lay-by agreement is terminated by a party to the agreement, the

supplier is not entitled to damages, or to enforce any other remedy,

in relation to that termination except as provided for by this

section.

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Division 3A—Gift cards

Subdivision A—Introduction

99A Meaning of gift card

A gift card is:

(a) an article (whether in physical or electronic form) that:

(i) is of a kind that is commonly known as a gift card or

gift voucher; and

(ii) is redeemable for goods or services; or

(b) an article of a kind specified in regulations made for the

purposes of this paragraph;

but does not include an article of a kind specified in the

regulations.

Subdivision B—Requirements relating to gift cards

99B Gift cards to be redeemable for at least 3 years

(1) A person must not, in trade or commerce, supply a gift card to a

consumer if the day that the gift card ceases to be redeemable is

earlier than 3 years after the day of that supply.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) If:

(a) a gift card is, in trade or commerce, supplied to a consumer;

and

(b) the day that the gift card ceases to be redeemable is earlier

than 3 years after the day of that supply;

the day that the gift card ceases to be redeemable is taken to be 3

years after the day of that supply.

(3) Subsection (2) does not affect a person’s liability for an alleged

contravention of subsection (1) or section 191A.

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99C When gift card ceases to be redeemable to appear prominently

on gift card

A person must not, in trade or commerce, supply a gift card to a

consumer if one of the following does not appear prominently on

the gift card:

(a) the date the gift card ceases to be redeemable;

(b) the month and year the gift card ceases to be redeemable;

(c) the date the gift card is supplied and a statement that

identifies the period during which the gift card is redeemable;

(d) the month and year the gift card is supplied and a statement

that identifies the period during which the gift card is

redeemable;

(e) the words “no expiry date” or words to that effect.

Note: A pecuniary penalty may be imposed for a contravention of this

section.

99D Terms and conditions not to allow post-supply fees

(1) A person must not, in trade or commerce, supply a gift card to a

consumer if the terms or conditions (however described) of the gift

card allow or require the payment of a post-supply fee in relation to

the gift card.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) A post-supply fee is a fee or charge payable in relation to a gift

card after it is supplied to a consumer, other than a fee or charge of

a kind specified in the regulations.

99E Post-supply fees not to be demanded or received

A person must not, in trade or commerce, demand or receive

payment of a post-supply fee in relation to a gift card.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

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99F Certain terms and conditions of gift card void

(1) A term or condition (however described) of a gift card is void if it

has the effect of, or purports to have the effect of:

(a) allowing or requiring the payment of a post-supply fee in

relation to the gift card; or

(b) reducing the period that the gift card ceases to be redeemable

to a period that ends earlier than 3 years after the day the gift

card is supplied to a consumer.

(2) The supplier of a gift card must ensure that the terms or conditions

(however described) of the gift card do not include, or purport to

include, a term or condition that is, or would be, void because of

subsection (1).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) This section does not affect a person’s liability for an alleged

contravention of:

(a) section 99B(1); or

(b) section 99C; or

(c) section 99D(1); or

(d) section 99E; or

(e) section 191A; or

(f) section 191B; or

(g) section 191C; or

(h) section 191D.

Subdivision C—Miscellaneous

99G Regulations may limit application of this Division

The regulations may provide that some or all of the provisions of

this Division do not apply to or in relation to:

(a) gift cards of a kind prescribed by the regulations; or

(b) persons of a kind prescribed by the regulations; or

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(c) gift cards supplied in circumstances prescribed by the

regulations.

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Division 4—Miscellaneous

100 Supplier must provide proof of transaction etc.

(1) If:

(a) a person (the supplier), in trade or commerce, supplies goods

or services to a consumer; and

(b) the total price (excluding GST) of the goods or services is

$75 or more;

the supplier must give the consumer a proof of transaction as soon

as practicable after the goods or services are so supplied.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) If:

(a) a person (the supplier), in trade or commerce, supplies goods

or services to a consumer; and

(b) the total price (excluding GST) of the goods or services is

less than $75;

the consumer may request a proof of transaction from the supplier

as soon as practicable after the goods or services are so supplied.

(3) If a request is made under subsection (2), the supplier must give

the proof of transaction within 7 days after the request is made.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(4) A proof of transaction for a supply of goods or services to a

consumer is a document that:

(a) identifies the supplier of the goods or services; and

(b) if the supplier has an ABN—states the supplier’s ABN; and

(c) if the supplier does not have an ABN but has an ACN—

states the supplier’s ACN; and

(d) states the date of the supply; and

(e) states the goods or services supplied to the consumer; and

(f) states the price of the goods or services.

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Note: The following are examples of a proof of transaction:

(a) a tax invoice within the meaning of the A New Tax System (Goods and Services Tax) Act 1999;

(b) a cash register receipt;

(c) a credit card or debit card statement;

(d) a handwritten receipt;

(e) a lay-by agreement;

(f) a confirmation or receipt number provided for a telephone or internet transaction.

(5) The supplier must ensure that the proof of transaction given under

subsection (1) or (3) is transparent.

101 Consumer may request an itemised bill

(1) If a person (the supplier), in trade or commerce, supplies services

to a consumer, the consumer may request that the supplier give the

consumer an itemised bill that:

(a) specifies how the price of the services was calculated; and

(b) includes, if applicable, the number of hours of labour that

related to the supply of the services and the hourly rate for

that labour; and

(c) includes, if applicable, a list of the materials used to supply

the services and the amount charged for those materials.

(2) The request under subsection (1) must be made within 30 days

after:

(a) the services are supplied; or

(b) the consumer receives a bill or account from the supplier for

the supply of the services;

whichever occurs later.

(3) The supplier must give the consumer the itemised bill within 7

days after the request is made.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(4) The supplier must not charge the consumer for the itemised bill.

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Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(5) The supplier must ensure that the itemised bill is transparent.

102 Prescribed requirements for warranties against defects

(1) The regulations may prescribe requirements relating to the form

and content of warranties against defects.

(2) A person must not, in connection with the supply, in trade or

commerce, of goods or services to a consumer:

(a) give to the consumer a document that evidences a warranty

against defects that does not comply with the requirements

prescribed for the purposes of subsection (1); or

(b) represent directly to the consumer that the goods or services

are goods or services to which such a warranty against

defects relates.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) A warranty against defects is a representation communicated to a

consumer in connection with the supply of goods or services, at or

about the time of supply, to the effect that a person will

(unconditionally or on specified conditions):

(a) repair or replace the goods or part of them; or

(b) provide again or rectify the services or part of them; or

(c) wholly or partly recompense the consumer;

if the goods or services or part of them are defective, and includes

any document by which such a representation is evidenced.

103 Repairers must comply with prescribed requirements

(1) The regulations may prescribe requirements relating to the form

and content of notices to be given relating to the repair of goods

supplied to a consumer.

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(2) A person (the repairer) must not, in trade or commerce, accept

from another person goods that the other person acquired as a

consumer if the repairer:

(a) accepts the goods for the purpose of repairing them; and

(b) does not give to the other person a notice that complies with

the requirements prescribed for the purposes of

subsection (1).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

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Part 3-3—Safety of consumer goods and product related

services

Division 1—Safety standards

104 Making safety standards for consumer goods and product

related services

(1) The Commonwealth Minister may, by written notice published on

the internet, make a safety standard for one or both of the

following:

(a) consumer goods of a particular kind;

(b) product related services of a particular kind.

(2) A safety standard for consumer goods of a particular kind may

consist of such requirements about the following matters as are

reasonably necessary to prevent or reduce risk of injury to any

person:

(a) the performance, composition, contents, methods of

manufacture or processing, design, construction, finish or

packaging of consumer goods of that kind;

(b) the testing of consumer goods of that kind during, or after the

completion of, manufacture or processing;

(c) the form and content of markings, warnings or instructions to

accompany consumer goods of that kind.

(3) A safety standard for product related services of a particular kind

may consist of such requirements about the following matters as

are reasonably necessary to prevent or reduce risk of injury to any

person:

(a) the manner in which services of that kind are supplied

(including, but not limited to, the method of supply);

(b) the skills or qualifications of persons who supply such

services;

(c) the materials used in supplying such services;

(d) the testing of such services;

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(e) the form and content of warnings, instructions or other

information about such services.

105 Declaring safety standards for consumer goods and product

related services

(1) The Commonwealth Minister may, by written notice published on

the internet, declare that the following is a safety standard for

consumer goods, or product related services, of a kind specified in

the instrument:

(a) a particular standard, or a particular part of a standard,

prepared or approved by Standards Australia or by an

association prescribed by the regulations;

(b) such a standard, or such a part of a standard, with additions

or variations specified in the notice.

(2) The Commonwealth Minister must not declare under

subsection (1) that a standard, or a part of a standard, referred to in

that subsection is a safety standard for:

(a) consumer goods of a particular kind; or

(b) product related services of a particular kind;

if that standard or part is inconsistent with a safety standard for

those goods or services that is in force and that was made under

section 104(1).

106 Supplying etc. consumer goods that do not comply with safety

standards

(1) A person must not, in trade or commerce, supply consumer goods

of a particular kind if:

(a) a safety standard for consumer goods of that kind is in force;

and

(b) those goods do not comply with the standard.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

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(2) A person must not, in trade or commerce, offer for supply (other

than for export) consumer goods the supply of which is prohibited

by subsection (1).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) A person must not, in or for the purposes of trade or commerce,

manufacture, possess or have control of consumer goods the supply

of which is prohibited by subsection (1).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(4) In a proceeding under Part 5-2 in relation to a contravention of

subsection (3), it is a defence if the defendant proves that the

defendant’s manufacture, possession or control of the goods was

not for the purpose of supplying the goods (other than for export).

(5) A person must not, in trade or commerce, export consumer goods

the supply of which is prohibited by subsection (1) unless:

(a) the person applies, in writing, to the Commonwealth Minister

for an approval to export those goods; and

(b) the Commonwealth Minister gives such an approval by

written notice given to the person.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(6) If the Commonwealth Minister gives an approval under

subsection (5), he or she must cause a statement setting out

particulars of the approval to be tabled in each House of the

Parliament of the Commonwealth within 7 sitting days of that

House after the approval is given.

(7) If:

(a) a person supplies consumer goods in contravention of this

section; and

(b) another person suffers loss or damage:

(i) because of a defect in, or a dangerous characteristic of,

the goods; or

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(ii) because of a reasonably foreseeable use (including a

misuse) of the goods; or

(iii) because, contrary to the safety standard, he or she was

not provided with particular information in relation to

the goods; and

(c) the other person would not have suffered the loss or damage

if the goods had complied with the safety standard;

the other person is taken, for the purposes of this Schedule, to have

suffered the loss or damage because of that supply.

107 Supplying etc. product related services that do not comply with

safety standards

(1) A person must not, in trade or commerce, supply product related

services of particular kind if:

(a) a safety standard for services of that kind is in force; and

(b) those services do not comply with the standard.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) A person must not, in trade or commerce, offer for supply product

related services the supply of which is prohibited by subsection (1).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) If:

(a) a person supplies product related services in contravention of

this section; and

(b) another person suffers loss or damage:

(i) because of defect in, or a dangerous characteristic of,

consumer goods that results from the services being

supplied; or

(ii) because of a reasonably foreseeable use (including a

misuse) of consumer goods that results from the

services being supplied; or

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(iii) because, contrary to the safety standard, he or she was

not provided with particular information in relation to

the services; and

(c) the other person would not have suffered the loss or damage

if the services had complied with the safety standard;

the other person is taken, for the purposes of this Schedule, to have

suffered the loss or damage because of that supply.

108 Requirement to nominate a safety standard

If:

(a) a safety standard for consumer goods of a particular kind is

in force; and

(b) the standard specifies, as alternative methods of complying

with the standard (or part of the standard), 2 or more sets of

requirements relating to goods of that kind; and

(c) the regulator gives to a supplier of goods of that kind a

written request that the supplier nominate which of those sets

of requirements the supplier intends to comply with as the

supplier’s method of complying with the standard;

the supplier must, within the period specified in the request, give to

the regulator a written notice specifying which of those sets of

requirements the supplier intends to comply with as the supplier’s

method of complying with the standard.

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Division 2—Bans on consumer goods and product related

services

Subdivision A—Interim bans

109 Interim bans on consumer goods or product related services

that will or may cause injury to any person etc.

(1) A responsible Minister may, by written notice published on the

internet, impose an interim ban on consumer goods of a particular

kind if:

(a) it appears to the responsible Minister that:

(i) consumer goods of that kind will or may cause injury to

any person; or

(ii) a reasonably foreseeable use (including a misuse) of

consumer goods of that kind will or may cause injury to

any person; or

(b) another responsible Minister has imposed, under

paragraph (a), an interim ban:

(i) on consumer goods of the same kind; or

(ii) on consumer goods of a kind that includes those goods;

and that ban is still in force.

(2) A responsible Minister may, by written notice published on the

internet, impose an interim ban on product related services of a

particular kind if:

(a) it appears to the responsible Minister that:

(i) as a result of services of that kind being supplied,

consumer goods of a particular kind will or may cause

injury to any person; or

(ii) a reasonably foreseeable use (including a misuse) of

consumer goods of a particular kind, to which such

services relate, will or may cause injury to any person as

a result of such services being supplied; or

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(b) another responsible Minister has imposed, under

paragraph (a), an interim ban:

(i) on product related services of the same kind; or

(ii) on product related services that include those services;

and that ban is still in force.

110 Places in which interim bans apply

(1) An interim ban imposed by the Commonwealth Minister applies in

all States and Territories.

(2) An interim ban imposed by a responsible Minister who is Minister

of a State applies in the State.

(3) An interim ban imposed by a responsible Minister who is a

Minister of a Territory applies in the Territory.

111 Ban period for interim bans

(1) An interim ban imposed by a responsible Minister is in force

during the period (the ban period) that:

(a) starts on the day (the start day) specified in the notice

imposing the ban; and

(b) subject to this Subdivision, ends at the end of 60 days after

the start day.

(2) Before the ban period for the interim ban ends, the responsible

Minister may, by written notice published on the internet, extend

the ban period for the ban by a period of up to 30 days.

(3) If:

(a) the ban period for the interim ban is extended under

subsection (2); and

(b) the extended ban period for the ban has not ended; and

(c) the interim ban was not imposed by the Commonwealth

Minister;

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the responsible Minister may, in writing, request the

Commonwealth Minister to extend the extended ban period for the

ban.

(4) If a request is made under subsection (3), the Commonwealth

Minister may, by written notice published on the internet, extend

the extended ban period for the interim ban by a further period of

up to 30 days.

(5) If:

(a) a request is made under subsection (3); and

(b) the Commonwealth Minister has not made a decision on the

request immediately before the extended ban period for the

interim ban is to end;

the Commonwealth Minister is taken to have decided to extend the

extended ban period for the ban by a further period of 30 days.

(6) If:

(a) the ban period for the interim ban is extended under

subsection (2); and

(b) the extended ban period for the ban has not ended; and

(c) the interim ban was imposed by the Commonwealth

Minister;

the Commonwealth Minister may, by written notice published on

the internet, extend the extended ban period for the interim ban by

a further period of up to 30 days.

112 Interaction of multiple interim bans

(1) If:

(a) an interim ban (the original ban) on consumer goods of a

particular kind (the banned goods) is imposed by a

responsible Minister other than the Commonwealth Minister;

and

(b) while the original ban is in force, the Commonwealth

Minister imposes an interim ban (the Commonwealth ban):

(i) on the banned goods; or

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(ii) on consumer goods of a kind that includes the banned

goods;

the original ban, to the extent that it is a ban on the banned goods,

ceases to be in force immediately before the Commonwealth ban

comes into force.

(2) If:

(a) an interim ban (the original ban) on product related services

of a particular kind (the banned services) is imposed by a

responsible Minister other than the Commonwealth Minister;

and

(b) while the original ban is in force, the Commonwealth

Minister imposes an interim ban (the Commonwealth ban):

(i) on the banned services; or

(ii) on product related services of a kind that includes the

banned services;

the original ban, to the extent that it is a ban on the banned

services, ceases to be in force immediately before the

Commonwealth ban comes into force.

113 Revocation of interim bans

If a responsible Minister imposes an interim ban:

(a) the responsible Minister may, by written notice published on

the internet, revoke the ban at any time; and

(b) the ban ceases to be in force on the day specified by the

responsible Minister in the notice.

Subdivision B—Permanent bans

114 Permanent bans on consumer goods or product related services

(1) The Commonwealth Minister may, by written notice published on

the internet, impose a permanent ban on consumer goods of a

particular kind if:

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(a) one or more interim bans on consumer goods of that kind

(the banned goods), or on consumer goods of a kind that

include the banned goods, are in force; or

(b) it appears to the Commonwealth Minister that:

(i) consumer goods of that kind will or may cause injury to

any person; or

(ii) a reasonably foreseeable use (including a misuse) of

consumer goods of that kind will or may cause injury to

any person.

(2) The Commonwealth Minister may, by written notice published on

the internet, impose a permanent ban on product related services

of a particular kind if:

(a) one or more interim bans on product related services of that

kind (the banned services), or on product related services of

a kind that include the banned services, are in force; or

(b) it appears to the Commonwealth Minister that:

(i) as a result of services of that kind being supplied,

consumer goods of a particular kind will or may cause

injury to any person; or

(ii) a reasonably foreseeable use (including a misuse) of

consumer goods of a particular kind, to which such

services relate, will or may cause injury to any person as

a result of such services being supplied.

115 Places in which permanent bans apply

A permanent ban applies in all States and Territories.

116 When permanent bans come into force

A permanent ban comes into force on the day specified by the

Commonwealth Minister in the instrument imposing the ban.

117 Revocation of permanent bans

If the Commonwealth Minister imposes a permanent ban:

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(a) the Commonwealth Minister may, by written notice

published on the internet, revoke the ban at any time; and

(b) the ban ceases to be in force on the day specified by the

Commonwealth Minister in the notice.

Subdivision C—Compliance with interim bans and permanent

bans

118 Supplying etc. consumer goods covered by a ban

(1) A person must not, in trade or commerce, supply consumer goods

of a particular kind if:

(a) an interim ban on consumer goods of that kind is in force in

the place where the supply occurs; or

(b) a permanent ban on consumer goods of that kind is in force.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) A person must not, in trade or commerce, offer for supply (other

than for export) consumer goods the supply of which is prohibited

by subsection (1).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) A person must not, in or for the purposes of trade or commerce,

manufacture, possess or have control of consumer goods the supply

of which is prohibited by subsection (1).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(4) In a proceeding under Part 5-2 in relation to a contravention of

subsection (3), it is a defence if the defendant proves that the

defendant’s manufacture, possession or control of the goods was

not for the purpose of supplying the goods (other than for export).

(5) A person must not, in trade or commerce, export consumer goods

the supply of which is prohibited by subsection (1) unless:

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(a) the person applies, in writing, to the Commonwealth Minister

for an approval to export those goods; and

(b) the Commonwealth Minister gives such an approval by

written notice given to the person.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(6) If the Commonwealth Minister gives an approval under

subsection (5), he or she must cause a statement setting out

particulars of the approval to be tabled in each House of the

Parliament of the Commonwealth within 7 sitting days of that

House after the approval is given.

(7) If:

(a) a person supplies consumer goods in contravention of

subsection (1); and

(b) another person suffers loss or damage:

(i) because of a defect in, or a dangerous characteristic of,

the goods; or

(ii) because of a reasonably foreseeable use (including a

misuse) of the goods;

the other person is taken, for the purposes of this Schedule, to have

suffered the loss or damage because of that supply.

119 Supplying etc. product related services covered by a ban

(1) A person must not, in trade or commerce, supply product related

services of a particular kind if:

(a) an interim ban on services of that kind is in force in the place

where the supply occurs; or

(b) a permanent ban on services of that kind is in force.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) A person must not, in trade or commerce, offer for supply product

related services the supply of which is prohibited by subsection (1).

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Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) If:

(a) a person supplies product related services in contravention of

subsection (1); and

(b) another person suffers loss or damage:

(i) because of a defect in, or a dangerous characteristic of,

consumer goods that results from the services being

supplied; or

(ii) because of a reasonably foreseeable use (including a

misuse) of consumer goods that results from the

services being supplied;

the other person is taken, for the purposes of this Schedule, to have

suffered the loss or damage because of that supply.

Subdivision D—Temporary exemption from mutual

recognition principles

120 Temporary exemption under the Trans-Tasman Mutual

Recognition Act 1997

(1) If:

(a) an interim ban on consumer goods of a particular kind is in

force; or

(b) a permanent ban on consumer goods of a particular kind is in

force;

the goods are taken, for the purposes of section 46 of the

Trans-Tasman Mutual Recognition Act 1997, to be goods of a kind

that are declared, in the manner provided by section 46(2) of that

Act, to be exempt from the operation of that Act.

(2) This section does not affect the application of section 46(4) of that

Act in relation to such an exemption.

121 Temporary exemption under the Mutual Recognition Act 1992

(1) If:

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(a) an interim ban on consumer goods of a particular kind is in

force; and

(b) the interim ban was not imposed by the Commonwealth

Minister;

the goods are taken, for the purposes of section 15 of the Mutual

Recognition Act 1992, to be goods of a kind that are declared, in

the manner provided by section 15(1) of that Act, to be goods to

which that section applies.

(2) This section does not affect the application of section 15(3) of that

Act in relation to such an exemption.

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Division 3—Recall of consumer goods

Subdivision A—Compulsory recall of consumer goods

122 Compulsory recall of consumer goods

(1) A responsible Minister may, by written notice published on the

internet, issue a recall notice for consumer goods of a particular

kind if:

(a) a person, in trade or commerce, supplies consumer goods of

that kind; and

(b) any of the following applies:

(i) it appears to the responsible Minister that such goods

will or may cause injury to any person;

(ii) it appears to the responsible Minister that a reasonably

foreseeable use (including a misuse) of such goods will

or may cause injury to any person;

(iii) a safety standard for such goods is in force and the

goods do not comply with the standard;

(iv) an interim ban, or a permanent ban, on such goods is in

force; and

(c) it appears to the responsible Minister that one or more

suppliers of such goods have not taken satisfactory action to

prevent those goods causing injury to any person.

(2) It is not necessary for the purposes of subsection (1)(c) for the

responsible Minister to know the identities of any of the suppliers

of the consumer goods of that kind.

(3) A recall notice for consumer goods may be issued under

subsection (1) even if the consumer goods have become fixtures

since the time they were supplied.

123 Contents of a recall notice

(1) A recall notice for the consumer goods may require one or more

suppliers of the goods, or (if no such supplier is known to the

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responsible Minister who issued the notice) the regulator, to take

one or more of the following actions:

(a) recall the goods;

(b) disclose to the public, or to a class of persons specified in the

notice, one or more of the following:

(i) the nature of a defect in, or a dangerous characteristic

of, the goods as identified in the notice;

(ii) the circumstances as identified in the notice in which a

reasonably foreseeable use or misuse of the goods is

dangerous;

(iii) procedures as specified in the notice for disposing of the

goods;

(c) if the identities of any of those suppliers are known to the

responsible Minister—inform the public, or a class of

persons specified in the notice, that the supplier undertakes to

do whichever of the following the supplier thinks is

appropriate:

(i) unless the notice identifies a dangerous characteristic of

the goods—repair the goods;

(ii) replace the goods;

(iii) refund to a person to whom the goods were supplied

(whether by the supplier or by another person) the price

of the goods.

(2) The recall notice may specify:

(a) the manner in which the action required to be taken by the

notice must be taken; and

(b) the period within which the action must be taken.

(3) If the recall notice requires the regulator to take action to recall the

consumer goods, the responsible Minister may specify in the notice

that the regulator must retain, destroy or otherwise dispose of the

goods.

(4) If the recall notice requires a supplier of the consumer goods to

take action of a kind referred to in subsection (1)(c), the

responsible Minister may specify in the notice that, if:

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(a) the supplier undertakes to refund the price of the goods; and

(b) a period of more than 12 months has elapsed since a person

(whether or not the person to whom the refund is to be made)

acquired the goods from the supplier;

the amount of a refund may be reduced by the supplier by an

amount calculated in a manner specified in the notice that is

attributable to the use which a person has had of the goods.

124 Obligations of a supplier in relation to a recall notice

(1) This section applies if a recall notice for consumer goods requires a

supplier to take action of a kind referred to in section 123(1)(c).

(2) If the supplier undertakes to repair the consumer goods, the

supplier must cause the goods to be repaired so that:

(a) any defect in the goods identified in the recall notice is

remedied; and

(b) if a safety standard for the goods is in force—the goods

comply with that standard.

(3) If the supplier undertakes to replace the consumer goods, the

supplier must replace the goods with similar consumer goods

which:

(a) if a defect in, or a dangerous characteristic of, the goods to be

replaced was identified in the recall notice—do not contain

that defect or have that characteristic; and

(b) if a safety standard for the goods to be replaced is in force—

comply with that standard.

(4) If the supplier undertakes:

(a) to repair the consumer goods; or

(b) to replace the consumer goods;

the cost of the repair or replacement, including any necessary

transportation costs, must be paid by the supplier.

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125 Notification by persons who supply consumer goods outside

Australia if there is compulsory recall

(1) If consumer goods of a particular kind are recalled as required by a

recall notice, a person who has supplied or supplies those

consumer goods to a person outside Australia must give the person

outside Australia a written notice that complies with subsection (2).

(2) The notice given under subsection (1) must:

(a) state that the consumer goods are subject to recall; and

(b) if the consumer goods contain a defect or have a dangerous

characteristic—set out the nature of that defect or

characteristic; and

(c) if a reasonably foreseeable use or misuse of the consumer

goods is dangerous—set out the circumstances of that use or

misuse; and

(d) if the consumer goods do not comply with a safety standard

for such goods that is in force—set out the nature of the

non-compliance; and

(e) if an interim ban, or a permanent ban, on the consumer goods

is in force—state that fact.

(3) The notice under subsection (1) must be given as soon as

practicable after the supply of the consumer goods to the person

outside Australia.

(4) A person who is required to give a notice under subsection (1)

must, within 10 days after giving the notice, give a copy of the

notice to the responsible Minister who issued the recall notice.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

126 Interaction of multiple recall notices

If:

(a) a recall notice (the original recall notice) for consumer

goods of a particular kind (the recalled goods) is issued by a

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responsible Minister other than the Commonwealth Minister;

and

(b) while the original recall notice is in force, the

Commonwealth Minister issues a recall notice (the

Commonwealth recall notice):

(i) for the recalled goods; or

(ii) for consumer goods of a kind that includes the recalled

goods;

the original recall notice, to the extent that it relates to the recalled

goods, ceases to be in force immediately before the

Commonwealth recall notice is issued.

127 Compliance with recall notices

(1) If:

(a) a recall notice for consumer goods is in force; and

(b) the notice requires a person (other than the regulator) to do

one or more things;

the person must comply with the notice.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) If a recall notice for consumer goods is in force, a person must not,

in trade or commerce:

(a) if the notice identifies a defect in, or a dangerous

characteristic of, the consumer goods—supply consumer

goods of the kind to which the notice relates which contain

that defect or have that characteristic; or

(b) in any other case—supply consumer goods of the kind to

which the notice relates.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) If:

(a) a person contravenes subsection (1) or (2) in relation to

consumer goods; and

(b) another person suffers loss or damage:

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(i) because of a defect in, or a dangerous characteristic of,

the goods; or

(ii) because of a reasonably foreseeable use (including a

misuse) of the goods; or

(iii) because, contrary to the recall notice, the other person

was not provided with particular information in relation

to the goods;

the other person is taken, for the purposes of this Schedule, to have

suffered the loss or damage because of the contravention.

Subdivision B—Voluntary recall of consumer goods

128 Notification requirements for a voluntary recall of consumer

goods

(1) This section applies if a person voluntarily takes action to recall

consumer goods of a particular kind (including consumer goods

that have become fixtures since being supplied) because:

(a) the consumer goods will or may cause injury to any other

person; or

(b) a reasonably foreseeable use (including a misuse) of the

consumer goods will or may cause injury to any other person;

or

(c) a safety standard for the consumer goods is in force and they

do not, or it is likely that they do not, comply with the

standard; or

(d) an interim ban, or a permanent ban, on the consumer goods is

in force.

(2) The person must, within 2 days after taking the action, give the

Commonwealth Minister a written notice that complies with

subsection (7).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) The Commonwealth Minister may publish a copy of the notice on

the internet.

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(4) A person who has supplied or supplies consumer goods of that

kind to another person outside Australia must give the other person

a written notice that complies with subsection (7).

(5) The notice under subsection (4) must be given as soon as

practicable after the supply of the consumer goods to the person

outside Australia.

(6) A person who is required to give a notice under subsection (4)

must, within 10 days after giving the notice, give a copy of the

notice to the Commonwealth Minister.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(7) A notice given under subsection (2) or (4) must:

(a) state that the consumer goods are subject to recall; and

(b) if the consumer goods contain a defect or have a dangerous

characteristic—set out the nature of that defect or

characteristic; and

(c) if a reasonably foreseeable use or misuse of the consumer

goods is dangerous—set out the circumstances of that use or

misuse; and

(d) if the consumer goods do not, or it is likely that they do not,

comply with a safety standard for the goods that is in force—

set out the nature of the non-compliance or likely

non-compliance; and

(e) if an interim ban, or a permanent ban, on the consumer goods

is in force—state that fact.

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Section 129

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Division 4—Safety warning notices

129 Safety warning notices about consumer goods and product

related services

(1) A responsible Minister may publish on the internet a written notice

containing one or both of the following:

(a) a statement that consumer goods of a kind specified in the

notice are under investigation to determine whether:

(i) those goods will or may cause injury to any person; or

(ii) a reasonably foreseeable use (including a misuse) of

those goods will or may cause injury to any person;

(b) a warning of possible risks involved in the use of consumer

goods of a kind specified in the notice.

(2) A responsible Minister may publish on the internet a written notice

containing one or both of the following:

(a) a statement that product related services of a kind specified in

the notice are under investigation to determine whether:

(i) consumer goods of a particular kind will or may cause

injury to any person as a result of services of that kind

being supplied; or

(ii) a reasonably foreseeable use (including a misuse) of

consumer goods of a particular kind, to which such

services relate, will or may cause injury to any person as

a result of such services being supplied;

(b) a warning of possible risks involved in the supply of product

related services of a kind specified in the notice.

130 Announcement of the results of an investigation etc.

(1) If:

(a) an investigation of consumer goods, or product related

services, specified in a notice under section 129(1) or (2) has

been completed; and

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(b) none of the following have been published or issued in

relation to those goods or services:

(i) a proposed ban notice under section 132 of the

Competition and Consumer Act;

(ii) a proposed recall notice under section 132A of that Act;

(iii) a notice under section 132J(1) or (2) of that Act;

the responsible Minister who issued the notice under

section 129(1) or (2) must, as soon as practicable after the

completion of the investigation, announce, by written notice

published on the internet, the results of the investigation.

(2) The responsible Minister may announce in a notice published

under subsection (1) of this section:

(a) whether any action under this Part is proposed to be taken in

relation to the consumer goods or product related services;

and

(b) if it is proposed to take any such action—what action is

proposed to be taken.

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Section 131

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Division 5—Consumer goods, or product related services,

associated with death or serious injury or illness

131 Suppliers to report consumer goods associated with the death or

serious injury or illness of any person

(1) If:

(a) a person (the supplier), in trade or commerce, supplies

consumer goods; and

(b) the supplier becomes aware of the death or serious injury or

illness of any person and:

(i) considers that the death or serious injury or illness was

caused, or may have been caused, by the use or

foreseeable misuse of the consumer goods; or

(ii) becomes aware that a person other than the supplier

considers that the death or serious injury or illness was

caused, or may have been caused, by the use or

foreseeable misuse of the consumer goods;

the supplier must, within 2 days of becoming so aware, give the

Commonwealth Minister a written notice that complies with

subsection (5).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) Subsection (1) does not apply if:

(a) it is clear that the death or serious injury or illness was not

caused by the use or foreseeable misuse of the consumer

goods; or

(b) it is very unlikely that the death or serious injury or illness

was caused by the use or foreseeable misuse of the consumer

goods; or

(c) the supplier, or another person, is required to notify the death

or serious injury or illness in accordance with a law of the

Commonwealth, a State or a Territory that is a law specified

in the regulations; or

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(d) the supplier, or another person, is required to notify the death

or serious injury or illness in accordance with an industry

code of practice that:

(i) applies to the supplier or other person; and

(ii) is specified in the regulations.

(3) Subsection (1) applies whether or not the consumer goods were

being used before or at the time the death or serious injury or

illness occurred.

(4) Without limiting subsection (1), the ways in which the supplier

may become aware as mentioned in subsection (1)(b) include

receiving the relevant information from any of the following:

(a) a consumer;

(b) a person who re-supplies the consumer goods;

(c) a repairer or insurer of the goods;

(d) an industry organisation or consumer organisation.

(5) The notice must:

(a) identify the consumer goods; and

(b) include information about the following matters to the extent

that it is known by the supplier at the time the notice is given:

(i) when, and in what quantities, the consumer goods were

manufactured in Australia, supplied in Australia,

imported into Australia or exported from Australia;

(ii) the circumstances in which the death or serious injury or

illness occurred;

(iii) the nature of any serious injury or illness suffered by

any person;

(iv) any action that the supplier has taken, or is intending to

take, in relation to the consumer goods.

(6) The giving of the notice under subsection (1) is not to be taken for

any purpose to be an admission by the supplier of any liability in

relation to:

(a) the consumer goods; or

(b) the death or serious injury or illness of any person.

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132 Suppliers to report product related services associated with the

death or serious injury or illness of any person

(1) If:

(a) a person (the supplier), in trade or commerce, supplies

product related services; and

(b) the supplier becomes aware of the death or serious injury or

illness of any person and:

(i) considers that the death or serious injury or illness was

caused, or may have been caused, by the use or

foreseeable misuse of the consumer goods to which the

services relate; or

(ii) becomes aware that a person other than the supplier

considers that the death or serious injury or illness was

caused, or may have been caused, by the use or

foreseeable misuse of the consumer goods to which the

services relate;

the supplier must, within 2 days of becoming so aware, give the

Commonwealth Minister a written notice that complies with

subsection (5).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) Subsection (1) does not apply if:

(a) it is clear that the death or serious injury or illness was not

caused by the use or foreseeable misuse of the consumer

goods to which the services relate; or

(b) it is very unlikely that the death or serious injury or illness

was caused by the use or foreseeable misuse of the consumer

goods to which the services relate; or

(c) the supplier, or another person, is required to notify the death

or serious injury or illness in accordance with a law of the

Commonwealth, a State or a Territory that is a law specified

in the regulations; or

(d) the supplier, or another person, has notified the death or

serious injury or illness in accordance with an industry code

of practice that:

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(i) applies to the supplier or other person; and

(ii) is specified in the regulations.

(3) Subsection (1) applies whether or not consumer goods to which the

product related services relate were being used before or at the

time the death or serious injury or illness occurred.

(4) Without limiting subsection (1), the ways in which the supplier

may become aware as mentioned in subsection (1)(b) include

receiving the relevant information from any of the following:

(a) a consumer;

(b) a person who re-supplies the product related services;

(c) an insurer of the services;

(d) an industry organisation or consumer organisation.

(5) The notice must:

(a) identify the product related services and the consumer goods

to which the services relate; and

(b) include information about the following matters to the extent

that it is known by the supplier at the time the notice is given:

(i) when the services have been supplied;

(ii) the circumstances in which the death or serious injury or

illness occurred;

(iii) the nature of any serious injury or illness suffered by

any person;

(iv) any action that the supplier has taken, or is intending to

take, in relation to the services.

(6) The giving of the notice under subsection (1) is not to be taken for

any purpose to be an admission by the supplier of any liability in

relation to:

(a) the product related services; or

(b) the consumer goods to which the services relate; or

(c) the death or serious injury or illness of any person.

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132A Confidentiality of notices given under this Division

(1) A person must not disclose to any other person a notice given

under this Division, or any part of or information contained in such

a notice, unless the person who gave the notice has consented to

the notice, or that part or information, not being treated as

confidential.

(2) This section does not apply if:

(a) the disclosure is made by the Commonwealth Minister to:

(i) another responsible Minister; or

(ii) the regulator; or

(iii) an associate regulator; or

(b) the disclosure is made by the Commonwealth Minister and

the Commonwealth Minister considers that the disclosure is

in the public interest; or

(c) the disclosure is made by a member of the staff of the

regulator, or an associate regulator, in the performance of his

or her duties as such a member of staff, and is made:

(i) to another member of the staff of the regulator or

associate regulator; or

(ii) if the person making the disclosure is a member of the

staff of the regulator—to an associate regulator; or

(iii) if the person making the disclosure is a member of the

staff of an associate regulator—to the regulator or

another associate regulator; or

(d) the disclosure is required or authorised by or under law; or

(e) the disclosure is reasonably necessary for the enforcement of

the criminal law or of a law imposing a pecuniary penalty.

(3) This section also does not apply if the disclosure is made by a

member of the staff of the regulator, or an associate regulator, in

the performance of his or her duties as such a member of staff, and

is made because it is reasonably necessary to protect public safety,

to:

(a) any other agency within the meaning of the Freedom of

Information Act 1982; or

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(b) the Director of Public Prosecutions; or

(c) a State/Territory government body (within the meaning of

section 155AAA of the Competition and Consumer Act); or

(d) a foreign government body (within the meaning of the

Competition and Consumer Act).

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Division 6—Miscellaneous

133 Liability under a contract of insurance

If:

(a) a contract of insurance between an insurer and a person

relates to:

(i) the recall of consumer goods that are supplied by the

person, or which the person proposes to supply; or

(ii) the liability of the person with respect to possible

defects in such consumer goods; and

(b) the person gives information relating to any such consumer

goods to:

(i) a responsible Minister; or

(ii) the regulator; or

(iii) a person appointed or engaged under the Public Service

Act 1999, or under a corresponding law of a State or a

Territory; or

(iv) an officer of an authority of the Commonwealth or of a

State or Territory;

the liability of the insurer under the contract is not affected only

because the person gave the information.

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Part 3-4—Information standards

134 Making information standards for goods and services

(1) The Commonwealth Minister may, by written notice published on

the internet, make an information standard for one or both of the

following:

(a) goods of a particular kind;

(b) services of a particular kind.

(2) Without limiting subsection (1), an information standard for goods

or services of a particular kind may:

(a) make provision in relation to the content of information

about goods or services of that kind; or

(b) require the provision of specified information about goods or

services of that kind; or

(c) provide for the manner or form in which such information is

to be provided; or

(d) provide that such information is not to be provided in a

specified manner or form; or

(e) provide that information of a specified kind is not to be

provided about goods or services of that kind; or

(f) assign a meaning to specified information about goods or

services.

135 Declaring information standards for goods and services

(1) The Commonwealth Minister may, by written notice published on

the internet, declare that the following is an information standard

for goods or services of a kind specified in the instrument:

(a) a particular standard, or a particular part of a standard,

prepared or approved by Standards Australia or by an

association prescribed by the regulations;

(b) such a standard, or such a part of a standard, with additions

or variations specified in the notice.

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(2) The Commonwealth Minister must not declare under

subsection (1) that a standard, or a part of a standard, referred to in

that subsection is an information standard for:

(a) goods of a particular kind; or

(b) services of a particular kind;

if that standard or part is inconsistent with an information standard

for those goods or services that is in force and was made under

section 134(1).

136 Supplying etc. goods that do not comply with information

standards

(1) A person must not, in trade or commerce, supply goods of a

particular kind if:

(a) an information standard for goods of that kind is in force; and

(b) the person has not complied with that standard.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) A person must not, in trade or commerce, offer for supply goods

the supply of which is prohibited by subsection (1).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) A person must not, in or for the purposes of trade or commerce,

manufacture, possess or have control of goods the supply of which

is prohibited by subsection (1).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(4) In a proceeding under Part 5-2 in relation to a contravention of

subsection (3), it is a defence if the defendant proves that the

defendant’s manufacture, possession or control of the goods was

not for the purpose of supplying the goods.

(5) Subsections (1), (2) and (3) do not apply to goods that are intended

to be used outside Australia.

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(6) Unless the contrary is established, it is presumed, for the purposes

of this section, that goods are intended to be used outside Australia

if either of the following is applied to the goods:

(a) a statement that the goods are for export only;

(b) a statement indicating, by the use of words authorised by the

regulations to be used for the purposes of this subsection, that

the goods are intended to be used outside Australia.

(7) Without limiting subsection (6), a statement may, for the purposes

of that subsection, be applied to goods by being:

(a) woven in, impressed on, worked into or annexed or affixed to

the goods; or

(b) applied to a covering, label, reel or thing in or with which the

goods are supplied.

(8) If:

(a) a person (the supplier) supplies goods in contravention of

subsection (1), (2) or (3); and

(b) another person suffers loss or damage because, contrary to

the information standard, he or she was not provided with

particular information in relation to the goods; and

(c) the other person would not have suffered the loss or damage

if the supplier had complied with the information standard;

the other person is taken, for the purposes of this Schedule, to have

suffered the loss or damage because of that supply.

137 Supplying etc. services that do not comply with information

standards

(1) A person must not, in trade or commerce, supply services of a

particular kind if:

(a) an information standard for services of that kind is in force;

and

(b) the person has not complied with that standard.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

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(2) A person must not, in trade or commerce, offer for supply services

the supply of which is prohibited by subsection (1).

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(3) If:

(a) a person (the supplier) supplies services in contravention of

subsection (1) or (2); and

(b) another person suffers loss or damage because, contrary to

the information standard, he or she was not provided with

particular information in relation to the services; and

(c) the other person would not have suffered the loss or damage

if the supplier had complied with the information standard;

the other person is taken, for the purposes of this Schedule, to have

suffered the loss or damage because of that supply.

137A Safe harbour for complying with information standards about

free range eggs

(1) Neither section 18 nor paragraph 29(1)(a) or 151(1)(a) applies to a

person in relation to the labelling or displaying of eggs as free

range eggs if, when doing so, the person is complying with all

requirements:

(a) specified in an information standard for eggs; and

(b) relating to the labelling or displaying of free range eggs,

including requirements about:

(i) the use of the words “free range”; or

(ii) representing that eggs are free range eggs.

(2) If:

(a) proceedings are brought against a person in respect of

section 18 or paragraph 29(1)(a) or 151(1)(a); and

(b) the person seeks to rely on subsection (1) of this section in

the proceedings;

the person bears an evidential burden in relation to the matters set

out in that subsection.

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(3) An egg is an egg laid by a female domestic chicken (Gallus gallus

domesticus).

(4) Free range egg has the meaning given by the information standard

mentioned in paragraph (1)(a).

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Section 138

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Part 3-5—Liability of manufacturers for goods with safety

defects

Division 1—Actions against manufacturers for goods with

safety defects

138 Liability for loss or damage suffered by an injured individual

(1) A manufacturer of goods is liable to compensate an individual if:

(a) the manufacturer supplies the goods in trade or commerce;

and

(b) the goods have a safety defect; and

(c) the individual suffers injuries because of the safety defect.

(2) The individual may recover, by action against the manufacturer,

the amount of the loss or damage suffered by the individual.

(3) If the individual dies because of the injuries, a law of a State or a

Territory about liability in respect of the death of individuals

applies as if:

(a) the action were an action under the law of the State or

Territory for damages in respect of the injuries; and

(b) the safety defect were the manufacturer’s wrongful act,

neglect or default.

139 Liability for loss or damage suffered by a person other than an

injured individual

(1) A manufacturer of goods is liable to compensate a person if:

(a) the manufacturer supplies the goods in trade or commerce;

and

(b) the goods have a safety defect; and

(c) an individual (other than the person) suffers injuries because

of the safety defect; and

(d) the person suffers loss or damage because of:

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(i) the injuries; or

(ii) if the individual dies because of the injuries—the

individual’s death; and

(e) the loss or damage does not come about because of a

business or professional relationship between the person and

the individual.

(2) The person may recover, by action against the manufacturer, the

amount of the loss or damage suffered by the person.

140 Liability for loss or damage suffered by a person if other goods

are destroyed or damaged

(1) A manufacturer of goods is liable to compensate a person if:

(a) the manufacturer supplies the goods in trade or commerce;

and

(b) the goods have a safety defect; and

(c) other goods of a kind ordinarily acquired for personal,

domestic or household use or consumption are destroyed or

damaged because of the safety defect; and

(d) the person used or consumed, or intended to use or consume,

the destroyed or damaged goods for personal, domestic or

household use or consumption; and

(e) the person suffers loss or damage as a result of the

destruction or damage.

(2) The person may recover, by action against the manufacturer, the

amount of the loss or damage suffered by the person.

141 Liability for loss or damage suffered by a person if land,

buildings or fixtures are destroyed or damaged

(1) A manufacturer of goods is liable to compensate a person if:

(a) the manufacturer supplies the goods in trade or commerce;

and

(b) the goods have a safety defect; and

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(c) land, buildings or fixtures are destroyed or damaged because

of the safety defect; and

(d) the land, buildings or fixtures are ordinarily acquired for

private use; and

(e) the person used, or intended to use, the land, buildings or

fixtures for private use; and

(f) the person suffers loss or damage as a result of the

destruction or damage.

(2) The person may recover, by action against the manufacturer, the

amount of the loss or damage suffered by the person.

142 Defences to defective goods actions

In a defective goods action, it is a defence if it is established that:

(a) the safety defect in the goods that is alleged to have caused

the loss or damage did not exist:

(i) in the case of electricity—at the time at which the

electricity was generated, being a time before it was

transmitted or distributed; or

(ii) in any other case—at the time when the goods were

supplied by their actual manufacturer; or

(b) the goods had that safety defect only because there was

compliance with a mandatory standard for them; or

(c) the state of scientific or technical knowledge at the time

when the goods were supplied by their manufacturer was not

such as to enable that safety defect to be discovered; or

(d) if the goods that had that safety defect were comprised in

other goods—that safety defect is attributable only to:

(i) the design of the other goods; or

(ii) the markings on or accompanying the other goods; or

(iii) the instructions or warnings given by the manufacturer

of the other goods.

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Division 2—Defective goods actions

143 Time for commencing defective goods actions

(1) Subject to subsection (2), a person may commence a defective

goods action at any time within 3 years after the time the person

became aware, or ought reasonably to have become aware, of all of

the following:

(a) the alleged loss or damage;

(b) the safety defect of the goods;

(c) the identity of the person who manufactured the goods.

(2) A defective goods action must be commenced within 10 years of

the supply by the manufacturer of the goods to which the action

relates.

144 Liability joint and several

If 2 or more persons are liable under Division 1 for the same loss

or damage, they are jointly and severally liable.

145 Survival of actions

A law of a State or a Territory about the survival of causes of

action vested in persons who die applies to actions under

Division 1.

146 No defective goods action where workers’ compensation law etc.

applies

Division 1 does not apply to a loss or damage in respect of which

an amount has been, or could be, recovered under a law of the

Commonwealth, a State or a Territory that:

(a) relates to workers’ compensation; or

(b) gives effect to an international agreement.

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147 Unidentified manufacturer

(1) A person who:

(a) wishes to institute a defective goods action; but

(b) does not know who is the manufacturer of the goods to which

the action would relate;

may, by written notice given to a supplier, or each supplier, of the

goods who is known to the person, request the supplier or suppliers

to give the person particulars identifying the manufacturer of the

goods, or the supplier of the goods to the supplier requested.

(2) If, 30 days after the person made the request or requests, the person

still does not know who is the manufacturer of the goods, then each

supplier:

(a) to whom the request was made; and

(b) who did not comply with the request;

is taken, for the purposes of the defective goods liability action (but

not for the purposes of section 142(c)), to be the manufacturer of

the goods.

148 Commonwealth liability for goods that are defective only

because of compliance with Commonwealth mandatory

standard

(1) If a person (however described) against whom a defective goods

action is brought raises the defence that the goods had the alleged

safety defect only because there was compliance with a

Commonwealth mandatory standard for the goods, the person

must, as soon as practicable after raising that defence, give the

Commonwealth:

(a) a prescribed notice of the action and of that defence; and

(b) a copy of the person’s defence in the action.

(2) The giving of the notice and defence makes the Commonwealth a

defendant in the action.

(3) If, in the action, the court finds that the person (the plaintiff) by

whom the action is brought would, but for the defence referred to

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in subsection (1), have succeeded against the person (other than the

Commonwealth) against which the action is brought, then:

(a) the Commonwealth, and not the person (other than the

Commonwealth) against which the action is brought, is liable

to pay the plaintiff for the amount of the loss or damage

caused by the safety defect; and

(b) the court is to enter judgment against the Commonwealth for

that amount; and

(c) the court may make such orders for costs as the court

considers just.

149 Representative actions by the regulator

(1) The regulator may, by application, commence a defective goods

action on behalf of one or more persons identified in the

application who have suffered the loss or damage in relation to

which the action is commenced.

(2) The regulator may only make the application if it has obtained the

written consent of the person, or each of the persons, on whose

behalf the application is being made.

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Division 3—Miscellaneous

150 Application of all or any provisions of this Part etc. not to be

excluded or modified

(1) Any term of a contract (including a term that is not set out in the

contract but is incorporated in the contract by another term) that

purports to exclude, restrict or modify, or has the effect of

excluding, restricting or modifying, any of the following is void:

(a) the application of all or any of the provisions of this Part;

(b) the exercise of a right conferred by any of those provisions;

(c) any liability under any of those provisions.

(2) A term of a contract is not taken to exclude, restrict or modify the

application of a provision of this Part unless the term does so

expressly or is inconsistent with that provision.

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Chapter 4—Offences

Part 4-1—Offences relating to unfair practices

Division 1—False or misleading representations etc.

151 False or misleading representations about goods or services

(1) A person commits an offence if the person, in trade or commerce,

in connection with the supply or possible supply of goods or

services or in connection with the promotion by any means of the

supply or use of goods or services:

(a) makes a false or misleading representation that goods are of a

particular standard, quality, value, grade, composition, style

or model or have had a particular history or particular

previous use; or

(b) makes a false or misleading representation that services are

of a particular standard, quality, value or grade; or

(c) makes a false or misleading representation that goods are

new; or

(d) makes a false or misleading representation that a particular

person has agreed to acquire goods or services; or

(e) makes a false or misleading representation that purports to be

a testimonial by any person relating to goods or services; or

(f) makes a false or misleading representation concerning:

(i) a testimonial by any person; or

(ii) a representation that purports to be such a testimonial;

relating to goods or services; or

(g) makes a false or misleading representation that goods or

services have sponsorship, approval, performance

characteristics, accessories, uses or benefits; or

(h) makes a false or misleading representation that the person

making the representation has a sponsorship, approval or

affiliation; or

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(i) makes a false or misleading representation with respect to the

price of goods or services; or

(j) makes a false or misleading representation concerning the

availability of facilities for the repair of goods or of spare

parts for goods; or

(k) makes a false or misleading representation concerning the

place of origin of goods; or

(l) makes a false or misleading representation concerning the

need for any goods or services; or

(m) makes a false or misleading representation concerning the

existence, exclusion or effect of any condition, warranty,

guarantee, right or remedy (including a guarantee under

Division 1 of Part 3-2); or

(n) makes a false or misleading representation concerning a

requirement to pay for a contractual right that:

(i) is wholly or partly equivalent to any condition,

warranty, guarantee, right or remedy (including a

guarantee under Division 1 of Part 3-2); and

(ii) a person has under a law of the Commonwealth, a State

or a Territory (other than an unwritten law).

Note: For rules relating to representations as to the country of origin of

goods, see Part 5-3.

(2) For the purposes of applying subsection (1) in relation to a

proceeding concerning a representation of a kind referred to in

subsection (1)(e) or (f), the representation is taken to be misleading

unless evidence is adduced to the contrary.

(3) To avoid doubt, subsection (2) does not:

(a) have the effect that, merely because such evidence to the

contrary is adduced, the representation is not misleading; or

(b) have the effect of placing on any person an onus of proving

that the representation is not misleading.

(4) Subsection (1) is an offence of strict liability.

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Penalty

(5) An offence against subsection (1) committed by a body corporate

is punishable on conviction by a fine of not more than the greater

of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(6) An offence against subsection (1) committed by a person other

than a body corporate is punishable on conviction by a fine of not

more than $500,000.

152 False or misleading representations about sale etc. of land

(1) A person commits an offence if the person, in trade or commerce,

in connection with the sale or grant, or the possible sale or grant, of

an interest in land or in connection with the promotion by any

means of the sale or grant of an interest in land:

(a) makes a false or misleading representation that the person

making the representation has a sponsorship, approval or

affiliation; or

(b) makes a false or misleading representation concerning the

nature of the interest in the land; or

(c) makes a false or misleading representation concerning the

price payable for the land; or

(d) makes a false or misleading representation concerning the

location of the land; or

(e) makes a false or misleading representation concerning the

characteristics of the land; or

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(f) makes a false or misleading representation concerning the

use to which the land is capable of being put or may lawfully

be put; or

(g) makes a false or misleading representation concerning the

existence or availability of facilities associated with the land.

(2) Subsection (1) is an offence of strict liability.

Penalty

(2A) An offence against subsection (1) committed by a body corporate

is punishable on conviction by a fine of not more than the greater

of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(2B) An offence against subsection (1) committed by a person other

than a body corporate is punishable on conviction by a fine of not

more than $500,000.

Other

(3) This section does not affect the application of any other provision

of this Part in relation to the supply or acquisition, or the possible

supply or acquisition, of interests in land.

153 Misleading conduct relating to employment

(1) A person commits an offence if the person, in relation to

employment that is to be, or may be, offered by the person or by

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another person, engages in conduct that is liable to mislead persons

seeking the employment as to:

(a) the availability, nature, terms or conditions of the

employment; or

(b) any other matter relating to the employment.

(2) Subsection (1) is an offence of strict liability.

Penalty

(3) An offence against subsection (1) committed by a body corporate

is punishable on conviction by a fine of not more than the greater

of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(4) An offence against subsection (1) committed by a person other

than a body corporate is punishable on conviction by a fine of not

more than $500,000.

154 Offering rebates, gifts, prizes etc.

(1) A person commits an offence if:

(a) the person, in trade or commerce, offers any rebate, gift,

prize or other free item; and

(b) the offer is connected with:

(i) the supply or possible supply of goods or services; or

(ii) the promotion by any means of the supply or use of

goods or services; or

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(iii) the sale or grant, or the possible sale or grant, of an

interest in land; or

(iv) the promotion by any means of the sale or grant of an

interest in land; and

(c) the offer is made with the intention of not providing the

rebate, gift, prize or other free item, or of not providing it as

offered.

(2) A person commits an offence if:

(a) the person, in trade or commerce, offers any rebate, gift,

prize or other free item; and

(b) the offer is connected with:

(i) the supply or possible supply of goods or services; or

(ii) the promotion by any means of the supply or use of

goods or services; or

(iii) the sale or grant, or the possible sale or grant, of an

interest in land; or

(iv) the promotion by any means of the sale or grant of an

interest in land; and

(c) the person fails to provide the rebate, gift, prize or other free

item, in accordance with the offer, within the time specified

in the offer or (if no such time is specified) within a

reasonable time after making the offer.

(3) Subsection (2) does not apply if:

(a) the person’s failure to provide the rebate, gift, prize or other

free item in accordance with the offer was due to the act or

omission of another person, or to some other cause beyond

the person’s control; and

(b) the person took reasonable precautions and exercised due

diligence to avoid the failure.

(4) Subsection (2) does not apply to an offer that the person makes to

another person if:

(a) the person offers to the other person a different rebate, gift,

prize or other free item as a replacement; and

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(b) the other person agrees to receive the different rebate, gift,

prize or other free item.

(5) Strict liability applies to subsections (1)(b) and (2)(b).

Penalty

(5A) An offence against subsection (1) or (2) committed by a body

corporate is punishable on conviction by a fine of not more than

the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(5B) An offence against subsection (1) or (2) committed by a person

other than a body corporate is punishable on conviction by a fine of

not more than $500,000.

Other

(6) This section does not affect the application of any other provision

of this Part in relation to the supply or acquisition, or the possible

supply or acquisition, of interests in land.

155 Misleading conduct as to the nature etc. of goods

(1) A person commits an offence if the person, in trade or commerce,

engages in conduct that is liable to mislead the public as to the

nature, the manufacturing process, the characteristics, the

suitability for their purpose or the quantity of any goods.

(2) Subsection (1) is an offence of strict liability.

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Penalty

(3) An offence against subsection (1) committed by a body corporate

is punishable on conviction by a fine of not more than the greater

of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(4) An offence against subsection (1) committed by a person other

than a body corporate is punishable on conviction by a fine of not

more than $500,000.

156 Misleading conduct as to the nature etc. of services

(1) A person commits an offence if the person, in trade or commerce,

engages in conduct that is liable to mislead the public as to the

nature, the characteristics, the suitability for their purpose or the

quantity of any services.

(2) Subsection (1) is an offence of strict liability.

Penalty

(3) An offence against subsection (1) committed by a body corporate

is punishable on conviction by a fine of not more than the greater

of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

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reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(4) An offence against subsection (1) committed by a person other

than a body corporate is punishable on conviction by a fine of not

more than $500,000.

157 Bait advertising

(1) A person commits an offence if:

(a) the person, in trade or commerce, advertises goods or

services for supply at a specified price; and

(b) there are reasonable grounds for believing that the person

will not be able to offer for supply those goods or services at

that price for a period that is, and in quantities that are,

reasonable, having regard to:

(i) the nature of the market in which the person carries on

business; and

(ii) the nature of the advertisement.

(2) A person commits an offence if:

(a) the person, in trade or commerce, advertises goods or

services for supply at a specified price; and

(b) the person fails to offer such goods or services for supply at

that price for a period that is, and in quantities that are,

reasonable having regard to:

(i) the nature of the market in which the person carries on

business; and

(ii) the nature of the advertisement.

(3) Subsections (1) and (2) are offences of strict liability.

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Penalty

(3A) An offence against subsection (1) or (2) committed by a body

corporate is punishable on conviction by a fine of not more than

the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(3B) An offence against subsection (1) or (2) committed by a person

other than a body corporate is punishable on conviction by a fine of

not more than $500,000.

Defence

(4) In a prosecution of a person (the defendant) under subsection (2),

for failing to offer goods or services to another person (the

customer), it is a defence if:

(a) the defendant proves that:

(i) he or she offered to supply, or to procure a third person

to supply, goods or services of the kind advertised to the

customer within a reasonable time, in a reasonable

quantity and at the advertised price; or

(ii) he or she offered to supply immediately, or to procure a

third person to supply within a reasonable time,

equivalent goods or services to the customer in a

reasonable quantity and at the price at which the

first-mentioned goods or services were advertised; and

(b) in either case, if the offer was accepted by the customer, the

defendant proves that he or she has so supplied, or procured a

third person to supply, the goods or services.

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158 Wrongly accepting payment

(1) A person commits an offence if:

(a) the person, in trade or commerce, accepts payment or other

consideration for goods or services; and

(b) at the time of the acceptance, the person intends not to supply

the goods or services.

(2) Strict liability applies to subsection (1)(a).

(3) A person commits an offence if:

(a) the person, in trade or commerce, accepts payment or other

consideration for goods or services; and

(b) at the time of the acceptance, the person intends to supply

goods or services materially different from the goods or

services in respect of which the payment or other

consideration is accepted.

(4) Strict liability applies to subsection (3)(a).

(5) A person commits an offence if:

(a) the person, in trade or commerce, accepts payment or other

consideration for goods or services; and

(b) at the time of the acceptance, the person was reckless as to

whether he or she would be able to supply the goods or

services:

(i) within the period specified by or on behalf of the person

at or before the time the payment or other consideration

was accepted; or

(ii) if no period is specified at or before that time—within a

reasonable time.

(6) Strict liability applies to subsection (5)(a).

(7) A person commits an offence if:

(a) the person, in trade or commerce, accepts payment or other

consideration for goods or services; and

(b) the person fails to supply all the goods or services:

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(i) within the period specified by or on behalf of the person

at or before the time the payment or other consideration

was accepted; or

(ii) if no period is specified at or before that time—within a

reasonable time.

(8) Subsection (7) does not apply if:

(a) the person’s failure to supply all the goods or services within

the period, or within a reasonable time, was due to the act or

omission of another person, or to some other cause beyond

the person’s control; and

(b) the person took reasonable precautions and exercised due

diligence to avoid the failure.

(9) Subsection (7) does not apply if:

(a) the person offers to supply different goods or services as a

replacement to the person (the customer) to whom the

original supply was to be made; and

(b) the customer agrees to receive the different goods or services.

(10) Subsection (7) is an offence of strict liability.

Penalty

(10A) An offence against subsection (1), (3), (5) or (7) committed by a

body corporate is punishable on conviction by a fine of not more

than the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

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(10B) An offence against subsection (1), (3), (5) or (7) committed by a

person other than a body corporate is punishable on conviction by

a fine of not more than $500,000.

Other

(11) Subsections (1), (3), (5) and (7) apply whether or not the payment

or other consideration that the person accepted represents the

whole or a part of the payment or other consideration for the

supply of the goods or services.

159 Misleading representations about certain business activities

(1) A person commits an offence if:

(a) the person, in trade or commerce, makes a representation;

and

(b) the representation is false or misleading in a material

particular; and

(c) the representation concerns the profitability, risk or any other

material aspect of any business activity that the person has

represented as one that can be, or can be to a considerable

extent, carried on at or from a person’s place of residence.

(2) A person commits an offence if:

(a) the person, in trade or commerce, makes a representation;

and

(b) the representation is false or misleading in a material

particular; and

(c) the representation concerns the profitability, risk or any other

material aspect of any business activity:

(i) that the person invites (whether by advertisement or

otherwise) other persons to engage or participate in, or

to offer or apply to engage or participate in; and

(ii) that requires the performance of work by other persons,

or the investment of money by other persons and the

performance by them of work associated with the

investment.

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(3) Subsections (1) and (2) are offences of strict liability.

Penalty

(4) An offence against subsection (1) or (2) committed by a body

corporate is punishable on conviction by a fine of not more than

the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(5) An offence against subsection (1) or (2) committed by a person

other than a body corporate is punishable on conviction by a fine of

not more than $500,000.

160 Application of provisions of this Division to information

providers

(1) Sections 151, 152, 155, 156 and 159 do not apply to a publication

of matter by an information provider if:

(a) in any case—the information provider made the publication

in the course of carrying on a business of providing

information; or

(b) if the information provider is the Australian Broadcasting

Corporation, the Special Broadcasting Service Corporation or

the holder of a licence granted under the Broadcasting

Services Act 1992—the publication was by way of a radio or

television broadcast by the information provider.

(2) Subsection (1) does not apply to a publication of an advertisement.

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(3) Subsection (1) does not apply to a publication of matter in

connection with the supply or possible supply of, or the promotion

by any means of the supply or use of, goods or services (the

publicised goods or services), if:

(a) the publicised goods or services were goods or services of a

kind supplied by the information provider or, if the

information provider is a body corporate, by a body corporate

that is related to the information provider; or

(b) the publication was made on behalf of, or pursuant to a

contract, arrangement or understanding with, a person who

supplies goods or services of the same kind as the publicised

goods or services; or

(c) the publication was made on behalf of, or pursuant to a

contract, arrangement or understanding with, a body

corporate that is related to a body corporate that supplies

goods or services of the same kind as the publicised goods or

services.

(4) Subsection (1) does not apply to a publication of matter in

connection with the sale or grant, or possible sale or grant, of, or

the promotion by any means of the sale or grant of, interests in land

(the publicised interests in land), if:

(a) the publicised interests in land were interests of a kind sold

or granted by the information provider or, if the information

provider is a body corporate, by a body corporate that is

related to the information provider; or

(b) the publication was made on behalf of, or pursuant to a

contract, arrangement or understanding with, a person who

sells or grants interests of the same kind as the publicised

interests in land; or

(c) the publication was made on behalf of, or pursuant to a

contract, arrangement or understanding with, a body

corporate that is related to a body corporate that sells or

grants interests of the same kind as the publicised interests in

land.

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Division 2—Unsolicited supplies

161 Unsolicited cards etc.

(1) A person commits an offence if:

(a) the person sends a credit card or a debit card, or an article

that may be used as a credit card and a debit card, to another

person; and

(b) either:

(i) the person had issued the card; or

(ii) the card was sent on behalf of the person who had

issued the card.

(2) Subsection (1) does not apply if the person sends the card to the

other person:

(a) pursuant to a written request by the person who will be under

a liability to the person who issued the card or article in

respect of the use of the card or article; or

(b) in renewal or replacement of, or in substitution for:

(i) a card or article of the same kind previously sent to the

other person pursuant to a written request by the person

who was under a liability, to the person who issued the

card previously so sent, in respect of the use of that

card; or

(ii) a card or article of the same kind previously sent to the

other person and used for a purpose for which it was

intended to be used.

(3) A person commits an offence if the person takes any action that

enables another person who has a credit card to use the card as a

debit card.

(4) A person commits an offence if the person takes any action that

enables another person who has a debit card to use the card as a

credit card.

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(5) Subsection (3) or (4) does not apply if the person takes the action

in accordance with the other person’s written request.

(6) Subsections (1), (3) and (4) are offences of strict liability.

Penalty

(7) An offence against subsection (1), (3) or (4) committed by a body

corporate is punishable on conviction by a fine of not more than

the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(8) An offence against subsection (1), (3) or (4) committed by a person

other than a body corporate is punishable on conviction by a fine of

not more than $500,000.

162 Assertion of right to payment for unsolicited goods or services

(1) A person commits an offence if the person, in trade or commerce,

asserts a right to payment from another person for unsolicited

goods.

(2) A person commits an offence if the person, in trade or commerce,

asserts a right to payment from another person for unsolicited

services.

(3) A person commits an offence if the person, in trade or commerce,

sends to another person an invoice or other document that:

(a) states the amount of a payment, or sets out the charge, for

unsolicited goods or unsolicited services; and

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(b) does not contain a warning statement that complies with the

requirements set out in the regulations made for the purposes

of section 40(3)(b).

(4) Subsection (1), (2) or (3) does not apply if the person proves that

he or she had reasonable cause to believe that there was a right to

the payment or charge.

(5) Subsections (1), (2) and (3) are offences of strict liability.

Penalty

(6) An offence against subsection (1), (2) or (3) committed by a body

corporate is punishable on conviction by a fine of not more than

the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(7) An offence against subsection (1), (2) or (3) committed by a person

other than a body corporate is punishable on conviction by a fine of

not more than $500,000.

163 Assertion of right to payment for unauthorised entries or

advertisements

(1) A person commits an offence if the person asserts a right to

payment from another person of a charge for placing, in a

publication, an entry or advertisement relating to:

(a) the other person; or

(b) the other person’s profession, business, trade or occupation.

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(2) A person commits an offence if the person sends to another person

an invoice or other document that:

(a) states the amount of a payment, or sets out the charge, for

placing, in a publication, an entry or advertisement relating

to:

(i) the other person; or

(ii) the other person’s profession, business, trade or

occupation; and

(b) does not contain a warning statement that complies with the

requirements set out in the regulations made for the purposes

of section 43(2)(b).

(3) Subsections (1) and (2) do not apply if the person proves that he or

she knew, or had reasonable cause to believe, that the other person

authorised the placing of the entry or advertisement.

(4) Subsections (1) and (2) do not apply to an entry or advertisement

that is placed in a publication published by a person who is:

(a) the publisher of a publication that has an audited circulation

of 10,000 copies or more per week, as confirmed by the most

recent audit of the publication by a body specified in the

regulations made for the purposes of section 43(3)(a); or

(b) a body corporate related to such a publisher; or

(c) the Commonwealth, a State or a Territory, or an authority of

the Commonwealth, a State or a Territory; or

(d) a person specified in regulations made for the purposes of

section 43(3)(d).

(5) Subsections (1) and (2) are offences of strict liability.

Penalty

(5A) An offence against subsection (1) or (2) committed by a body

corporate is punishable on conviction by a fine of not more than

the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

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corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(5B) An offence against subsection (1) or (2) committed by a person

other than a body corporate is punishable on conviction by a fine of

not more than $500,000.

Other

(6) A person is not taken for the purposes of this section to have

authorised the placing of the entry or advertisement, unless:

(a) a document authorising the placing of the entry or

advertisement has been signed by the person or by another

person authorised by him or her; and

(b) a copy of the document has been given to the person before

the right to payment of a charge for the placing of the entry

or advertisement is asserted; and

(c) the document specifies:

(i) the name and address of the person publishing the entry

or advertisement; and

(ii) particulars of the entry or advertisement; and

(iii) the amount of the charge for the placing of the entry or

advertisement, or the basis on which the charge is, or is

to be, calculated.

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Division 3—Pyramid schemes

164 Participation in pyramid schemes

(1) A person commits an offence if the person participates in a

pyramid scheme.

(2) A person commits an offence if the person induces another person

to participate in a pyramid scheme.

(3) Subsections (1) and (2) are offences of strict liability.

Penalty

(4) An offence against subsection (1) or (2) committed by a body

corporate is punishable on conviction by a fine of not more than

the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(5) An offence against subsection (1) or (2) committed by a person

other than a body corporate is punishable on conviction by a fine of

not more than $500,000.

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Division 4—Pricing

165 Multiple pricing

(1) A person commits an offence if:

(a) the person, in trade or commerce, supplies goods; and

(b) the goods have more than one displayed price; and

(c) the supply takes place for a price that is not the lower, or

lowest, of the displayed prices.

Penalty:

(a) if the person is a body corporate—$5,000; or

(b) if the person is not a body corporate—$1,000.

(2) Subsection (1) is an offence of strict liability.

166 Single price to be specified in certain circumstances

(1) A person commits an offence if the person, in trade or commerce,

in connection with:

(a) the supply, or possible supply, to another person of goods or

services of a kind ordinarily acquired for personal, domestic

or household use or consumption; or

(b) the promotion by any means of the supply to another person,

or of the use by another person, of goods or services of a kind

ordinarily acquired for personal, domestic or household use

or consumption;

makes a representation with respect to an amount that, if paid,

would constitute a part of the consideration for the supply of the

goods or services.

(2) A person is not required to include, in the single price for goods, a

charge that is payable in relation to sending the goods from the

supplier to the other person.

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(3) Subsection (1) does not apply if the person also:

(a) specifies, in a prominent way and as a single figure, the

single price for the goods or services; and

(b) if, in relation to goods:

(i) the person does not include in the single price a charge

that is payable in relation to sending the goods from the

supplier to the other person; and

(ii) the person knows, at the time of the representation, the

minimum amount of a charge in relation to sending the

goods from the supplier to the other person that must be

paid by the other person;

specifies that minimum amount.

(4) Subsection (1) does not apply if the representation is made

exclusively to a body corporate.

(5) For the purposes of subsection (3)(a), the person is taken not to

have specified a single price for the goods or services in a

prominent way unless the single price is at least as prominent as

the most prominent of the parts of the consideration for the supply.

(6) Subsection (5) does not apply in relation to services to be supplied

under a contract if:

(a) the contract provides for the supply of the services for the

term of the contract; and

(b) the contract provides for periodic payments for the services

to be made during the term of the contract; and

(c) if the contract also provides for the supply of goods—the

goods are directly related to the supply of the services.

(7) Subsection (1) is an offence of strict liability.

Penalty

(8) An offence against subsection (1) committed by a body corporate

is punishable on conviction by a fine of not more than the greater

of the following:

(a) $10,000,000;

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(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(9) An offence against subsection (1) committed by a person other

than a body corporate is punishable on conviction by a fine of not

more than $500,000.

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Division 5—Other unfair practices

167 Referral selling

(1) A person commits an offence if:

(a) the person, in trade or commerce, induces a consumer to

acquire goods or services by representing that the consumer

will, after the contract for the acquisition of the goods or

services is made, receive a rebate, commission or other

benefit in return for:

(i) giving the person the names of prospective customers;

or

(ii) otherwise assisting the person to supply goods or

services to other consumers; and

(b) the receipt of the rebate, commission or other benefit is

contingent on an event occurring after that contract is made.

(2) Subsection (1) is an offence of strict liability.

Penalty

(3) An offence against subsection (1) committed by a body corporate

is punishable on conviction by a fine of not more than the greater

of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

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(4) An offence against subsection (1) committed by a person other

than a body corporate is punishable on conviction by a fine of not

more than $500,000.

168 Harassment and coercion

(1) A person commits an offence if:

(a) the person uses physical force, or undue harassment or

coercion; and

(b) the physical force, or undue harassment or coercion is used in

connection with:

(i) the supply or possible supply of goods or services; or

(ii) the payment for goods or services; or

(iii) the sale or grant, or the possible sale or grant, of an

interest in land; or

(iv) the payment for an interest in land.

(2) Subsection (1) is an offence of strict liability.

Penalty

(2A) An offence against subsection (1) committed by a body corporate

is punishable on conviction by a fine of not more than the greater

of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(2B) An offence against subsection (1) committed by a person other

than a body corporate is punishable on conviction by a fine of not

more than $500,000.

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Other

(3) Subsections (1)(b)(iii) and (iv) do not affect the application of any

other provision of this Part in relation to the supply or acquisition,

or the possible supply or acquisition, of interests in land.

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Part 4-2—Offences relating to consumer transactions

Division 1—Consumer guarantees

169 Display notices

(1) A person commits an offence if:

(a) the person makes a supply to a consumer to which:

(i) guarantees apply under Division 1 of Part 3-2; and

(ii) a determination under subsection 66(1) applies; and

(b) a notice that meets the requirements of the determination is

not, in accordance with the determination:

(i) if the consumer takes delivery of the goods or services

at the supplier’s premises—displayed at those premises;

or

(ii) otherwise—drawn to the consumer’s attention before

the consumer agrees to the supply of the goods.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) Subsection (1) is an offence of strict liability.

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Division 2—Unsolicited consumer agreements

Subdivision A—Negotiating unsolicited consumer agreements

170 Permitted hours for negotiating an unsolicited consumer

agreement

(1) A dealer commits an offence if the dealer calls on a person for the

purpose of negotiating an unsolicited consumer agreement, or for

an incidental or related purpose:

(a) at any time on a Sunday or a public holiday; or

(b) before 9 am on any other day; or

(c) after 6 pm on any other day (or after 5 pm if the other day is

a Saturday).

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) Subsection (1) does not apply if the dealer calls on, or telephones,

the person in accordance with consent that:

(a) was given by the person to the dealer or a person acting on

the dealer’s behalf; and

(b) was not given in the presence of the dealer or a person acting

on the dealer’s behalf.

(3) Subsection (1) is an offence of strict liability.

171 Disclosing purpose and identity

(1) A dealer commits an offence if the dealer:

(a) calls on a person for the purpose of negotiating an unsolicited

consumer agreement, or for an incidental or related purpose;

and

(b) does not as soon as practicable and in any event before

starting to negotiate:

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(i) clearly advise the person that the dealer’s purpose is to

seek the person’s agreement to a supply of the goods or

services concerned; and

(ii) clearly advise the person that the dealer is obliged to

leave the premises immediately on request; and

(iii) provide to the person such information relating to the

dealer’s identity as is prescribed by the regulations

made for the purposes of section 74(c).

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) Subsection (1) is an offence of strict liability.

172 Ceasing to negotiate on request

(1) A dealer commits an offence if the dealer:

(a) calls on a person at any premises for the purpose of

negotiating an unsolicited consumer agreement, or for an

incidental or related purpose; and

(b) does not leave the premises immediately on the request of:

(i) the occupier of the premises, or any person acting with

the actual or apparent authority of the occupier; or

(ii) the person (the prospective consumer) with whom the

negotiations are being conducted.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) A dealer commits an offence if:

(a) the prospective consumer has made the request referred to in

subsection (1)(b); and

(b) the dealer contacts the prospective consumer for the purpose

of negotiating an unsolicited consumer agreement (or for an

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incidental or related purpose) within 30 days after the

prospective consumer made the request.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(3) If the dealer is not, or is not to be, the supplier of the goods or

services to which the negotiations relate, subsection (2) applies to

that supplier, and any person acting on behalf of the supplier, in the

same way that it applies to the dealer.

(4) Subsection (2) does not apply to the dealer contacting the

prospective consumer if:

(a) the dealer is not, or is not to be, the supplier of the goods or

services to which the negotiations relate; and

(b) the contact relates to a supply by another supplier.

(5) Subsections (1) and (2) are offences of strict liability.

173 Informing person of termination period etc.

(1) A dealer commits an offence if the dealer makes an unsolicited

consumer agreement with a person, and:

(a) before the agreement is made, the person is not given

information as to the following:

(i) the person’s right to terminate the agreement during the

termination period;

(ii) the way in which the person may exercise that right;

(iii) such other matters as are prescribed by regulations made

for the purposes of section 76(a)(iii); or

(b) if the agreement is made in the presence of both the dealer

and the person—the person is not given the information in

writing; or

(c) if the agreement is made by telephone—the person is not:

(i) given the information by telephone; and

(ii) subsequently given the information in writing; or

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(d) the form in which, and the way in which, the person is given

the information does not comply with any other requirements

prescribed by regulations made for the purposes of

section 76(d).

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) If:

(a) a dealer contravenes subsection (1) in relation to an

unsolicited consumer agreement; and

(b) the dealer is not, or is not to be, the supplier of the goods or

services to which the agreement relates;

the supplier of the goods or services is also taken to have

contravened subsection (1) in relation to the agreement.

(3) Subsection (1) is an offence of strict liability.

Subdivision B—Requirements for unsolicited consumer

agreements etc.

174 Requirement to give document to the consumer

(1) The dealer who negotiated an unsolicited consumer agreement

commits an offence if:

(a) the agreement was not negotiated by telephone; and

(b) the dealer does not give a copy of the agreement to the

consumer under the agreement immediately after the

consumer signs the agreement.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) The dealer who negotiated an unsolicited consumer agreement

commits an offence if:

(a) the agreement was negotiated by telephone; and

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(b) the dealer does not, within 5 business days after the

agreement was made or such longer period agreed by the

parties, give to the consumer under the agreement:

(i) personally; or

(ii) by post; or

(iii) with the consumer’s consent—by electronic

communication;

an agreement document evidencing the agreement.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(3) Subsections (1) and (2) are offences of strict liability.

175 Requirements for all unsolicited consumer agreements etc.

(1) The supplier under an unsolicited consumer agreement commits an

offence if the agreement, or (if the agreement was negotiated by

telephone) the agreement document, does not comply with the

following requirements:

(a) it must set out in full all the terms of the agreement,

including:

(i) the total consideration to be paid or provided by the

consumer under the agreement or, if the total

consideration is not ascertainable at the time the

agreement is made, the way in which it is to be

calculated; and

(ii) any postal or delivery charges to be paid by the

consumer;

(b) its front page must include a notice that:

(i) conspicuously and prominently informs the consumer of

the consumer’s right to terminate the agreement; and

(ii) conspicuously and prominently sets out any other

information prescribed by regulations made for the

purposes of section 79(b)(ii); and

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(iii) complies with any other requirements prescribed by

regulations made for the purposes of section 79(b)(iii);

(c) it must be accompanied by a notice that:

(i) may be used by the consumer to terminate the

agreement; and

(ii) complies with any requirements prescribed by

regulations made for the purposes of section 79(c)(ii);

(d) it must conspicuously and prominently set out in full:

(i) the supplier’s name; and

(ii) if the supplier has an ABN—the supplier’s ABN; and

(iii) if the supplier does not have an ABN but has an ACN—

the supplier’s ACN; and

(iv) the supplier’s business address (not being a post box) or,

if the supplier does not have a business address, the

supplier’s residential address; and

(v) if the supplier has an email address—the supplier’s

email address; and

(vi) if the supplier has a fax number—the supplier’s fax

number;

(e) it must be printed clearly or typewritten (apart from any

amendments to the printed or typewritten form, which may

be handwritten);

(f) it must be transparent.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) Subsection (1) is an offence of strict liability.

176 Additional requirements for unsolicited consumer agreements

not negotiated by telephone

(1) The supplier under an unsolicited consumer agreement that was not

negotiated by telephone commits an offence if the agreement does

not comply with the following requirements:

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(a) the agreement must be signed by the consumer under the

agreement;

(b) if the agreement is signed by a person on the supplier’s

behalf—the agreement must state that the person is acting on

the supplier’s behalf, and must set out in full:

(i) the person’s name; and

(ii) the person’s business address (not being a post box) or,

if the person does not have a business address, the

person’s residential address; and

(iii) if the person has an email address—the person’s email

address.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) Subsection (1) is an offence of strict liability.

(3) This section does not limit the operation of section 175.

177 Requirements for amendments of unsolicited consumer

agreements

(1) The supplier under an unsolicited consumer agreement commits an

offence if any amendments to the agreement are not signed by both

parties to the agreement.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) Subsection (1) is an offence of strict liability.

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Subdivision C—Terminating unsolicited consumer agreements

178 Obligations of suppliers on termination

(1) The supplier under an unsolicited consumer agreement commits an

offence if:

(a) the agreement is terminated in accordance with section 82;

and

(b) the supplier does not, immediately upon being notified of the

termination, return or refund to the consumer under the

agreement any consideration (or the value of any

consideration) that the consumer gave under the agreement or

a related contract or instrument.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) Subsection (1) is an offence of strict liability.

179 Prohibition on supplies etc.

(1) The supplier under an unsolicited consumer agreement commits an

offence if:

(a) the supplier:

(i) supplies to the consumer under the agreement the goods

or services to be supplied under the agreement; or

(ii) accepts any payment, or any other consideration, in

connection with those goods or services; or

(iii) requires any payment, or any other consideration, in

connection with those goods or services; and

(b) the supply, acceptance or requirement occurs during:

(i) if the agreement was not negotiated by telephone—the

period starting on the day on which the agreement was

made and ending at the end of the tenth business day

after the day on which the agreement was made; or

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(ii) if the agreement was negotiated by telephone—the

period starting on the day on which the agreement was

made and ending at the end of the tenth business day

after the day on which the consumer was given the

agreement document relating to the agreement.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) Strict liability applies to subsection (1)(a).

180 Repayment of payments received after termination

(1) The supplier under an unsolicited consumer agreement commits an

offence if:

(a) the agreement is terminated in accordance with section 82;

and

(b) the supplier does not immediately refund to the consumer

under the agreement any payment:

(i) that the consumer, or a person acting on the consumer’s

behalf, makes to the supplier after the termination; and

(ii) that purports to be made under the agreement or a

related contract or instrument.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) Subsection (1) is an offence of strict liability.

181 Prohibition on recovering amounts after termination

(1) A person commits an offence if:

(a) an unsolicited consumer agreement is terminated in

accordance with section 82; and

(b) the person:

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(i) brings, or asserts an intention to bring, legal proceedings

against the consumer; or

(ii) takes, or asserts an intention to take, any other action

against the consumer;

in relation to an amount alleged to be payable, under the

agreement or a related contract or instrument, by the

consumer under the agreement.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) A person commits an offence if:

(a) an unsolicited consumer agreement is terminated in

accordance with section 82; and

(b) for the purpose of recovering an amount alleged to be

payable, under the agreement or a related contract or

instrument, by the consumer under the agreement, the person:

(i) places the consumer’s name, or causes the consumer’s

name to be placed, on a list of defaulters or debtors; or

(ii) asserts an intention to place the consumer’s name, or to

cause the consumer’s name to be placed, on such a list.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(3) Subsection (1) is an offence of strict liability.

(4) Strict liability applies to subsection (2)(a).

Subdivision D—Miscellaneous

182 Certain provisions of unsolicited consumer agreements void

(1) The supplier under an unsolicited consumer agreement commits an

offence if the agreement includes, or purports to include, a

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provision (however described) that is, or would be, void because of

section 89(1).

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) The supplier under an unsolicited consumer agreement commits an

offence if the supplier attempts to enforce or rely on a provision

(however described) that is void because of section 89(1).

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(3) Subsections (1) and (2) are offences of strict liability.

183 Waiver of rights

(1) The supplier under an unsolicited consumer agreement commits an

offence if the supplier induces the consumer to waive any right

conferred by Division 2 of Part 3-2.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) Subsection (1) is an offence of strict liability.

184 Application of this Division to persons to whom rights of

consumers and suppliers are assigned etc.

(1) This Division applies in relation to a person to whom the rights of

a consumer (the original consumer) under a contract for the supply

of goods or services are assigned or transferred, or pass by

operation of law, (whether from the original consumer or from

another person) as if the person were the original consumer.

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(2) This Division applies in relation to a person to whom the rights of

a supplier (the original supplier) under a contract for the supply of

goods or services are assigned or transferred, or pass by operation

of law, (whether from the original supplier or from another person)

as if the person were the original supplier.

185 Application of this Division to supplies to third parties

This Division applies in relation to a contract for the supply of

goods or services to a consumer (the original consumer) on the

order of another person as if the other person were also the

consumer.

186 Regulations may limit the application of this Division

This Division (other than section 170) does not apply, or

provisions of this Division (other than section 170) that are

specified in regulations made for the purposes of section 94 do not

apply, to or in relation to:

(a) circumstances of a kind specified in those regulations; or

(b) agreements of a kind specified in those regulations; or

(c) the conduct of businesses of a kind specified in those

regulations.

187 Application of this Division to certain conduct covered by the

Corporations Act

This Division does not apply in relation to conduct to which

section 736, 992A or 992AA of the Corporations Act 2001 applies.

Note: Section 736 of the Corporations Act 2001 prohibits hawking of

securities. Section 992A of that Act prohibits hawking of certain

financial products. Section 992AA of that Act prohibits hawking of

interests in managed investment schemes (which for the purposes of

that Act include interests in notified foreign passport funds).

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Division 3—Lay-by agreements

188 Lay-by agreements must be in writing etc.

(1) A supplier of goods who is a party to a lay-by agreement commits

an offence if:

(a) the agreement is not in writing; or

(b) a copy of the agreement is not given to the consumer to

whom the goods are, or are to be, supplied.

Penalty:

(a) if the person is a body corporate—$30,000; or

(b) if the person is not a body corporate—$6,000.

(2) Subsection (1) is an offence of strict liability.

189 Termination charges

(1) A supplier of goods who is a party to a lay-by agreement commits

an offence if the agreement requires the consumer to pay a

termination charge.

Penalty:

(a) if the person is a body corporate—$30,000; or

(b) if the person is not a body corporate—$6,000.

(2) Subsection (1) does not apply if the termination charge is payable

only if:

(a) the agreement is terminated by the consumer; and

(b) the supplier has not breached the agreement.

(3) A supplier of goods who is a party to a lay-by agreement commits

an offence if:

(a) the agreement provides that a termination charge is payable;

and

(b) the amount of the charge is more than the supplier’s

reasonable costs in relation to the agreement.

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Penalty:

(a) if the person is a body corporate—$30,000; or

(b) if the person is not a body corporate—$6,000.

(4) Subsections (1) and (3) are offences of strict liability.

190 Termination of lay-by agreements by suppliers

(1) A supplier of goods who is a party to a lay-by agreement commits

an offence if the supplier terminates the agreement.

Penalty:

(a) if the person is a body corporate—$30,000; or

(b) if the person is not a body corporate—$6,000.

(2) Subsection (1) does not apply if:

(a) the consumer who is a party to the agreement breached a

term of the agreement; or

(b) the supplier is no longer engaged in trade or commerce; or

(c) the goods to which the agreement relates are no longer

available.

(3) Subsection (1) is an offence of strict liability.

191 Refund of amounts

(1) A supplier of goods who is a party to a lay-by agreement commits

an offence if:

(a) the agreement is terminated by a party to the agreement; and

(b) the supplier fails to refund to the consumer all the amounts

paid by the consumer under the agreement (other than any

termination charge that is payable under the agreement).

Penalty:

(a) if the person is a body corporate—$30,000; or

(b) if the person is not a body corporate—$6,000.

(2) Subsection (1) is an offence of strict liability.

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Division 3A—Gift cards

191A Gift cards to be redeemable for at least 3 years

(1) A person commits an offence if:

(a) the person, in trade or commerce, supplies a gift card to a

consumer; and

(b) the day the gift card ceases to be redeemable is earlier than 3

years after the day of that supply.

Penalty:

(a) if the person is a body corporate—$30,000; or

(b) if the person is not a body corporate—$6,000.

(2) Subsection (1) is an offence of strict liability.

191B When gift card ceases to be redeemable to appear prominently

on gift card

(1) A person commits an offence if:

(a) the person, in trade or commerce, supplies a gift card to a

consumer; and

(b) one of the following does not appear prominently on the gift

card:

(i) the date the gift card ceases to be redeemable;

(ii) the month and year the gift card ceases to be

redeemable;

(iii) the date the gift card is supplied and a statement that

identifies the period during which the gift card is

redeemable;

(iv) the month and year the gift card is supplied and a

statement that identifies the period during which the gift

card is redeemable;

(v) the words “no expiry date” or words to that effect.

Penalty:

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(a) if the person is a body corporate—$30,000; or

(b) if the person is not a body corporate—$6,000.

(2) Subsection (1) is an offence of strict liability.

191C Terms and conditions not to allow post-supply fees

(1) A person commits an offence if:

(a) the person, in trade or commerce, supplies a gift card to a

consumer; and

(b) the terms or conditions (however described) of the gift card

allow or require the payment of a post-supply fee in relation

to the gift card.

Penalty:

(a) if the person is a body corporate—$30,000; or

(b) if the person is not a body corporate—$6,000.

(2) An offence against subsection (1) is an offence of strict liability.

191D Post-supply fees not to be demanded or received

(1) A person commits an offence if the person, in trade or commerce,

demands or receives payment of a post-supply fee in relation to a

gift card.

Penalty:

(a) if the person is a body corporate—$30,000; or

(b) if the person is not a body corporate—$6,000.

(2) An offence against subsection (1) is an offence of strict liability.

191E Regulations may limit the application of this Division

The regulations may provide that some or all of the provisions of

this Division do not apply to or in relation to:

(a) gift cards of a kind prescribed by the regulations; or

(b) persons of a kind prescribed by the regulations; or

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(c) gift cards supplied in circumstances prescribed by the

regulations.

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Division 4—Miscellaneous

192 Prescribed requirements for warranties against defects

(1) A person commits an offence if the person, in connection with the

supply, in trade or commerce, of goods or services to a consumer:

(a) gives to the consumer a document that evidences a warranty

against defects and that does not comply with the

requirements prescribed for the purposes of section 102(1);

or

(b) represents directly to the consumer that the goods or services

are goods or services to which such a warranty against

defects relates.

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) Subsection (1) is an offence of strict liability.

193 Repairers must comply with prescribed requirements

(1) A person commits an offence if:

(a) the person accepts from another person goods that the other

person acquired as a consumer; and

(b) the goods are accepted for the purpose of repairing them; and

(c) the person does not give to the other person a notice that

complies with the requirements prescribed for the purposes

of section 103(1).

Penalty:

(a) if the person is a body corporate—$50,000; or

(b) if the person is not a body corporate—$10,000.

(2) Subsection (1) is an offence of strict liability.

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Section 194

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Part 4-3—Offences relating to safety of consumer goods

and product related services

Division 1—Safety standards

194 Supplying etc. consumer goods that do not comply with safety

standards

(1) A person commits an offence if:

(a) the person, in trade or commerce, supplies consumer goods

of a particular kind; and

(b) a safety standard for consumer goods of that kind is in force;

and

(c) those goods do not comply with the standard.

(2) A person commits an offence if:

(a) the person, in trade or commerce, offers for supply (other

than for export) consumer goods of a particular kind; and

(b) a safety standard for consumer goods of that kind is in force;

and

(c) those goods do not comply with the standard.

(3) A person commits an offence if:

(a) the person, in or for the purposes of trade or commerce,

manufactures, possesses or has control of consumer goods of

a particular kind; and

(b) a safety standard for consumer goods of that kind is in force;

and

(c) those goods do not comply with the standard.

(4) Subsection (3) does not apply if the person does not manufacture,

possess or control the goods for the purpose of supplying the goods

(other than for export).

(5) A person commits an offence if:

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(a) the person, in trade or commerce, exports consumer goods of

a particular kind; and

(b) a safety standard for consumer goods of that kind is in force;

and

(c) those goods do not comply with the standard.

(6) Subsection (5) does not apply if the Commonwealth Minister has,

by written notice given to the person, approved the export of the

goods under section 106(5).

(7) Subsections (1), (2), (3) and (5) are offences of strict liability.

Penalty

(8) An offence against subsection (1), (2), (3) or (5) committed by a

body corporate is punishable on conviction by a fine of not more

than the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(9) An offence against subsection (1), (2), (3) or (5) committed by a

person other than a body corporate is punishable on conviction by

a fine of not more than $500,000.

195 Supplying etc. product related services that do not comply with

safety standards

(1) A person commits an offence if:

(a) the person, in trade or commerce, supplies product related

services of a particular kind; and

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(b) a safety standard for services of that kind is in force; and

(c) those services do not comply with the standard.

(2) A person commits an offence if:

(a) the person, in trade or commerce, offers for supply product

related services of a particular kind; and

(b) a safety standard for services of that kind is in force; and

(c) those services do not comply with the standard.

(3) Subsections (1) and (2) are offences of strict liability.

Penalty

(4) An offence against subsection (1) or (2) committed by a body

corporate is punishable on conviction by a fine of not more than

the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(5) An offence against subsection (1) or (2) committed by a person

other than a body corporate is punishable on conviction by a fine of

not more than $500,000.

196 Requirement to nominate a safety standard

(1) A person commits an offence if the person refuses or fails to

comply with a request given to the person under section 108.

Penalty:

(a) if the person is a body corporate—$22,000; or

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(b) if the person is not a body corporate—$4,400.

(2) Subsection (1) is an offence of strict liability.

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Division 2—Bans on consumer goods and product related

services

197 Supplying etc. consumer goods covered by a ban

(1) A person commits an offence if:

(a) the person, in trade or commerce, supplies consumer goods

of a particular kind; and

(b) either:

(i) an interim ban on goods of that kind is in force in the

place where the supply occurs; or

(ii) a permanent ban on goods of that kind is in force.

(2) A person commits an offence if:

(a) the person, in trade or commerce, offers for supply (other

than for export) consumer goods of a particular kind; and

(b) the supply would be prohibited by subsection (1).

(3) A person commits an offence if:

(a) the person, in or for the purposes of trade or commerce,

manufactures, possesses or has control of consumer goods of

a particular kind; and

(b) supply of the goods would be prohibited by subsection (1).

(4) Subsection (3) does not apply if the person does not manufacture,

possess or control the goods for the purpose of supplying the goods

(other than for export).

(5) A person commits an offence if:

(a) the person exports consumer goods of a particular kind; and

(b) supply of the goods would be prohibited by subsection (1).

(6) Subsection (5) does not apply if the Commonwealth Minister has,

by written notice given to the person, approved the export of the

goods under section 118(5).

(7) Subsections (1), (2), (3) and (5) are offences of strict liability.

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Penalty

(8) An offence against subsection (1), (2), (3) or (5) committed by a

body corporate is punishable on conviction by a fine of not more

than the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(9) An offence against subsection (1), (2), (3) or (5) committed by a

person other than a body corporate is punishable on conviction by

a fine of not more than $500,000.

198 Supplying etc. product related services covered by a ban

(1) A person commits an offence if:

(a) the person, in trade or commerce, supplies product related

services of a particular kind; and

(b) either:

(i) an interim ban on services of that kind is in force in the

place where the supply occurs; or

(ii) a permanent ban on services of that kind is in force.

(2) A person commits an offence if:

(a) the person, in trade or commerce, offers for supply product

related services of a particular kind; and

(b) the supply would be prohibited by subsection (1).

(3) Subsections (1) and (2) are offences of strict liability.

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Penalty

(4) An offence against subsection (1) or (2) committed by a body

corporate is punishable on conviction by a fine of not more than

the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(5) An offence against subsection (1) or (2) committed by a person

other than a body corporate is punishable on conviction by a fine of

not more than $500,000.

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Part 4-3 Offences relating to safety of consumer goods and product related services

Section 199

270 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Division 3—Recall of consumer goods

199 Compliance with recall orders

(1) A person commits an offence if:

(a) a recall notice for consumer goods is in force; and

(b) the notice requires the person (other than the regulator) to do

one or more things; and

(c) the person refuses or fails to comply with the notice.

(2) A person commits an offence if:

(a) a recall notice for consumer goods is in force; and

(b) the person, in trade or commerce:

(i) if the notice identifies a defect in, or a dangerous

characteristic of, the consumer goods—supplies

consumer goods of the kind to which the notice relates

which contain that defect or have that characteristic; or

(ii) in any other case—supplies consumer goods of the kind

to which the notice relates.

(3) Subsections (1) and (2) are offences of strict liability.

Penalty

(4) An offence against subsection (1) or (2) committed by a body

corporate is punishable on conviction by a fine of not more than

the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

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12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(5) An offence against subsection (1) or (2) committed by a person

other than a body corporate is punishable on conviction by a fine of

not more than $500,000.

200 Notification by persons who supply consumer goods outside

Australia if there is compulsory recall

(1) A person commits an offence if:

(a) the person is required by section 125(4) to give a copy of a

notice to a responsible Minister; and

(b) the person refuses or fails to give the copy as required by that

section.

Penalty:

(a) if the person is a body corporate—$16,650; or

(b) if the person is not a body corporate—$3,330.

(2) Subsection (1) is an offence of strict liability.

201 Notification requirements for a voluntary recall of consumer

goods

(1) A person commits an offence if:

(a) the person is required by section 128(2) to give a notice to

the Commonwealth Minister; and

(b) the person refuses or fails to give the notice as required by

that section.

Penalty:

(a) if the person is a body corporate—$16,650; or

(b) if the person is not a body corporate—$3,330.

(2) A person commits an offence if:

(a) the person is required by section 128(6) to give a copy of a

notice to the Commonwealth Minister; and

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Part 4-3 Offences relating to safety of consumer goods and product related services

Section 201

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(b) the person refuses or fails to give the copy as required by that

section.

Penalty:

(a) if the person is a body corporate—$16,650; or

(b) if the person is not a body corporate—$3,330.

(3) Subsections (1) and (2) are offences of strict liability.

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Section 202

Competition and Consumer Act 2010 273

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Division 4—Consumer goods, or product related services,

associated with death or serious injury or illness

202 Suppliers to report consumer goods etc. associated with the

death or serious injury or illness of any person

(1) A person commits an offence if:

(a) the person is required by section 131 or 132 to give a notice

to the Commonwealth Minister; and

(b) the person refuses or fails to give the notice as required by

that section.

Penalty:

(a) if the person is a body corporate—$16,650; or

(b) if the person is not a body corporate—$3,330.

(2) Subsection (1) is an offence of strict liability.

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Chapter 4 Offences

Part 4-4 Offences relating to information standards

Section 203

274 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Part 4-4—Offences relating to information standards

203 Supplying etc. goods that do not comply with information

standards

(1) A person commits an offence if:

(a) the person, in trade or commerce, supplies goods of a

particular kind; and

(b) an information standard for goods of that kind is in force; and

(c) the person has not complied with the standard in relation to

the goods.

(2) A person commits an offence if:

(a) the person, in trade or commerce, offers for supply goods of

a particular kind; and

(b) an information standard for goods of that kind is in force; and

(c) the person has not complied with the standard in relation to

the goods.

(3) A person commits an offence if:

(a) the person, in or for the purposes of trade or commerce,

manufactures, possesses or has control of goods of a

particular kind; and

(b) an information standard for goods of that kind is in force; and

(c) the person has not complied with the standard in relation to

the goods.

(4) Subsection (3) does not apply if the person does not manufacture,

possess or control the goods for the purpose of supplying the

goods.

(5) Subsection (1), (2) or (3) does not apply to goods that are intended

to be used outside Australia.

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(6) Unless the contrary is established, it is presumed, for the purposes

of this section, that goods are intended to be used outside Australia

if either of the following is applied to the goods:

(a) a statement that the goods are for export only;

(b) a statement indicating, by the use of words authorised by

regulations made for the purposes of section 136(6)(b) to be

used for the purposes of section 136(6), that the goods are

intended to be used outside Australia.

(7) Without limiting subsection (6), a statement may, for the purposes

of that subsection, be applied to goods by being:

(a) woven in, impressed on, worked into or annexed or affixed to

the goods; or

(b) applied to a covering, label, reel or thing in or with which the

goods are supplied.

(8) Subsections (1), (2) and (3) are offences of strict liability.

Penalty

(9) An offence against subsection (1), (2) or (3) committed by a body

corporate is punishable on conviction by a fine of not more than

the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

(10) An offence against subsection (1), (2) or (3) committed by a person

other than a body corporate is punishable on conviction by a fine of

not more than $500,000.

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Part 4-4 Offences relating to information standards

Section 204

276 Competition and Consumer Act 2010

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204 Supplying etc. services that do not comply with information

standards

(1) A person commits an offence if:

(a) the person, in trade or commerce, supplies services of a

particular kind; and

(b) an information standard for services of that kind is in force;

and

(c) the person has not complied with the standard in relation to

the services.

(2) A person commits an offence if:

(a) the person, in trade or commerce, offers for supply services

of a particular kind; and

(b) an information standard for services of that kind is in force;

and

(c) the person has not complied with the standard in relation to

the services.

(3) Subsections (1) and (2) are offences of strict liability.

Penalty

(4) An offence against subsection (1) or (2) committed by a body

corporate is punishable on conviction by a fine of not more than

the greater of the following:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the commission of the offence—3

times the value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

body corporate committed, or began committing, the offence.

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Section 204

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(5) An offence against subsection (1) or (2) committed by a person

other than a body corporate is punishable on conviction by a fine of

not more than $500,000.

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Chapter 4 Offences

Part 4-5 Offences relating to substantiation notices

Section 205

278 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Part 4-5—Offences relating to substantiation notices

205 Compliance with substantiation notices

(1) A person commits an offence if the person:

(a) is given a substantiation notice; and

(b) refuses or fails to comply with it within the substantiation

notice compliance period for the notice.

Penalty:

(a) if the person is a body corporate—$16,500; or

(b) if the person is not a body corporate—$3,300.

(2) Subsection (1) does not apply if:

(a) the person is an individual; and

(b) the person refuses or fails to give particular information or

produce a particular document in compliance with a

substantiation notice; and

(c) the information, or production of the document, might tend to

incriminate the individual or to expose the individual to a

penalty.

(3) Subsection (1) is an offence of strict liability.

206 False or misleading information etc.

(1) A person commits an offence if the person, in compliance or

purported compliance with a substantiation notice given by the

regulator:

(a) gives to the regulator false or misleading information; or

(b) produces to the regulator documents that contain false or

misleading information.

Penalty:

(a) if the person is a body corporate—$27,500; or

(b) if the person is not a body corporate—$5,500.

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Section 206

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(2) This section does not apply to:

(a) information that the person could not have known was false

or misleading; or

(b) the production to the regulator of a document containing

false or misleading information if the document is

accompanied by a statement of the person that the

information is false or misleading.

(3) Subsection (1) is an offence of strict liability.

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Chapter 4 Offences

Part 4-6 Defences

Section 207

280 Competition and Consumer Act 2010

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Part 4-6—Defences

207 Reasonable mistake of fact

(1) In a prosecution for a contravention of a provision of this Chapter,

it is a defence if the defendant proves that the contravention was

caused by a reasonable mistake of fact, including a mistake of fact

caused by reasonable reliance on information supplied by another

person.

(2) However, subsection (1) does not apply in relation to information

relied upon by the defendant that was supplied to the defendant by

another person who was, at the time when the contravention

occurred:

(a) an employee or agent of the defendant; or

(b) if the defendant is a body corporate—a director, employee or

agent of the defendant.

(3) If a defence provided by subsection (1) involves an allegation that

a contravention was due to reliance on information supplied by

another person, the defendant is not entitled to rely on that defence

unless:

(a) the court gives leave; or

(b) the defendant has, not later than 7 days before the day on

which the hearing of the proceeding commences, served on

the person who instituted the proceeding a written notice

giving such information as the defendant then had that would

identify or assist in identifying the other person.

208 Act or default of another person etc.

(1) In a prosecution for a contravention of a provision of this Chapter,

it is a defence if the defendant proves that:

(a) the contravention was due to the act or default of another

person, to an accident or to some other cause beyond the

defendant’s control; and

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Section 209

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(b) the defendant took reasonable precautions and exercised due

diligence to avoid the contravention.

(2) However, subsection (1) does not apply in relation to the act or

default of another person who was, at the time when the

contravention occurred:

(a) an employee or agent of the defendant; or

(b) if the defendant is a body corporate—a director, employee or

agent of the defendant.

(3) If a defence provided by subsection (1) involves an allegation that

a contravention was due to the act or default of another person, the

defendant is not entitled to rely on that defence unless:

(a) the court gives leave; or

(b) the defendant has, not later than 7 days before the day on

which the hearing of the proceeding commences, served on

the person who instituted the proceeding a written notice

giving such information as the defendant then had that would

identify or assist in identifying the other person.

209 Publication of advertisements in the ordinary course of business

In a prosecution for a contravention of a provision of this Chapter

that was committed by publication of an advertisement, it is a

defence if the defendant proves that:

(a) the defendant is a person whose business it is to publish or

arrange for the publication of advertisements; and

(b) the defendant received the advertisement for publication in

the ordinary course of business; and

(c) the defendant did not know, and had no reason to suspect,

that its publication would amount to a contravention of such

a provision.

210 Supplying goods acquired for the purpose of re-supply

(1) In a prosecution for a contravention of a provision of this Chapter

that was committed by supplying goods in contravention of

section 194 or 203, it is a defence if the defendant proves that:

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(a) the goods were acquired by the defendant for the purpose of

re-supply; and

(b) the goods were so acquired from a person who carried on in

Australia a business of supplying such goods otherwise than

as the agent of a person outside Australia; and

(c) in the case of a contravention of section 194—the defendant:

(i) did not know, and could not with reasonable diligence

have ascertained, that the goods did not comply with the

safety standard to which the contravention relates; or

(ii) relied in good faith on a representation by the person

from whom the defendant acquired the goods that there

was no safety standard for such goods; and

(d) in the case of a contravention of section 203—the defendant:

(i) did not know, and could not with reasonable diligence

have ascertained, that the defendant had not complied

with the information standard to which the

contravention relates; or

(ii) relied in good faith on a representation by the person

from whom the defendant acquired the goods that there

was no information standard for such goods.

Note: Section 194 is about supply of consumer goods that do not comply

with safety standards, and section 203 is about supply of goods that do

not comply with information standards.

(2) A defendant is not entitled to rely on the defence provided by

subsection (1) unless:

(a) the court gives leave; or

(b) the defendant has, not later than 7 days before the day on

which the hearing of the proceeding commences, served on

the person who instituted the proceeding a written notice

identifying the person from whom the defendant acquired the

goods.

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211 Supplying services acquired for the purpose of re-supply

(1) In a prosecution for a contravention of a provision of this Chapter

that was committed by supplying services in contravention of

section 195 or 204, it is a defence if the defendant proves that:

(a) the services were acquired by the defendant for the purpose

of re-supply; and

(b) the services were so acquired from a person who carried on

in Australia a business of supplying such services otherwise

than as the agent of a person outside Australia; and

(c) in the case of a contravention of section 195—the defendant:

(i) did not know, and could not with reasonable diligence

have ascertained, that the services did not comply with

the safety standard to which the contravention relates; or

(ii) relied in good faith on a representation by the person

from whom the defendant acquired the services that

there was no safety standard for such services; and

(d) in the case of a contravention of section 204—the defendant:

(i) did not know, and could not with reasonable diligence

have ascertained, that the defendant had not complied

with the information standard to which the

contravention relates; or

(ii) relied in good faith on a representation by the person

from whom the defendant acquired the services that

there was no information standard for such services.

Note: Section 195 is about supply of product related services that do not

comply with safety standards, and section 204 is about supply of

services that do not comply with information standards.

(2) A defendant is not entitled to rely on the defence provided by

subsection (1) unless:

(a) the court gives leave; or

(b) the defendant has, not later than 7 days before the day on

which the hearing of the proceeding commences, served on

the person who instituted the proceeding a written notice

identifying the person from whom the defendant acquired the

services.

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Chapter 4 Offences

Part 4-7 Miscellaneous

Section 212

284 Competition and Consumer Act 2010

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Part 4-7—Miscellaneous

212 Prosecutions to be commenced within 3 years

A prosecution for an offence against a provision of this Chapter

may be commenced at any time within 3 years after the

commission of the offence.

213 Preference must be given to compensation for victims

If a court considers that:

(a) it is appropriate to impose a fine on a person (the defendant)

under this Chapter in relation to:

(i) a contravention of a provision of this Schedule; or

(ii) an attempt to contravene such a provision; or

(iii) aiding, abetting, counselling or procuring a person to

contravene such a provision; or

(iv) inducing, or attempting to induce, a person, whether by

threats or promises or otherwise, to contravene such a

provision; or

(v) being in any way, directly or indirectly, knowingly

concerned in, or party to, the contravention by a person

of such a provision; or

(vi) conspiring with others to contravene such a provision;

and

(b) it is appropriate to order the defendant to pay compensation

to a person who has suffered loss or damage as result of that

contravention or conduct; and

(c) the defendant does not have sufficient financial resources to

pay both the fine and the compensation;

the court must give preference to making an order for

compensation.

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214 Penalties for contraventions of the same nature etc.

(1) If:

(a) a person is convicted of 2 or more offences constituted by, or

relating to, contraventions of the same provision of this

Chapter; and

(b) the contraventions appear to the court:

(i) to have been of the same nature or a substantially

similar nature; and

(ii) to have occurred at or about the same time;

the court must not, in respect of the offences, impose on the person

fines that, in the aggregate, exceed the maximum fine that would

be applicable in respect of one offence by that person against that

provision.

(2) This section applies whether or not the person is also convicted of

an offence or offences constituted by, or relating to, another

contravention or other contraventions of that provision that were of

a different nature or occurred at a different time.

215 Penalties for previous contraventions of the same nature etc.

(1) If:

(a) a person is convicted of an offence constituted by, or relating

to, a contravention of a provision of this Chapter; and

(b) a fine has, or fines have, previously been imposed on the

person by the court for an offence or offences constituted by,

or relating to, another contravention or other contraventions

of the same provision; and

(c) the contravention, or each of the contraventions, mentioned

in paragraph (b) appear to the court:

(i) to have been of the same nature as, or a substantially

similar nature to, the contravention mentioned in

paragraph (a); and

(ii) to have occurred at or about the same time as the

contravention mentioned in paragraph (a);

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Section 216

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the court must not, in respect of the offence mentioned in

paragraph (a), impose on the person a fine that exceeds the amount

(if any) by which the maximum fine applicable in respect of that

offence is greater than the amount of the fine, or the sum of the

amounts of the fines, referred to in paragraph (b).

(2) This section applies whether or not a fine has, or fines have, also

previously been imposed on the person for an offence or offences

constituted by, or relating to, a contravention or contraventions of

that provision that were of a different nature or occurred at a

different time.

216 Granting of injunctions etc.

In proceedings against a person for a contravention of a provision

of this Chapter, the court may:

(a) grant an injunction under Division 2 of Part 5-2 against the

person in relation to:

(i) the conduct that constitutes, or is alleged to constitute,

the contravention; or

(ii) other conduct of that kind; or

(b) make an order under section 246, 247 or 248 in relation to

the contravention.

217 Criminal proceedings not to be brought for contraventions of

Chapter 2 or 3

Criminal proceedings do not lie against a person only because the

person:

(a) has contravened a provision of Chapter 2 or 3; or

(b) has attempted to contravene such a provision; or

(c) has aided, abetted, counselled or procured a person to

contravene such a provision; or

(d) has induced, or attempted to induce, a person, whether by

threats or promises or otherwise, to contravene such a

provision; or

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(e) has been in any way, directly or indirectly, knowingly

concerned in, or party to, the contravention by a person of

such a provision; or

(f) has conspired with others to contravene such a provision.

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Chapter 5 Enforcement and remedies

Part 5-1 Enforcement

Section 218

288 Competition and Consumer Act 2010

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Chapter 5—Enforcement and remedies

Part 5-1—Enforcement

Division 1—Undertakings

218 Regulator may accept undertakings

(1) The regulator may accept a written undertaking given by a person

for the purposes of this section in connection with a matter in

relation to which the regulator has a power or function under this

Schedule.

(2) The person may, with the consent of the regulator, withdraw or

vary the undertaking at any time.

(3) If the regulator considers that the person who gave the undertaking

has breached any of its terms, the regulator may apply to a court

for an order under subsection (4).

(4) If the court is satisfied that the person has breached a term of the

undertaking, the court may make all or any of the following orders:

(a) an order directing the person to comply with that term of the

undertaking;

(b) an order directing the person to pay to the Commonwealth, or

to a State or Territory, an amount up to the amount of any

financial benefit that the person has obtained directly or

indirectly and that is reasonably attributable to the breach;

(c) any order that the court considers appropriate directing the

person to compensate any other person who has suffered loss

or damage as a result of the breach;

(d) any other order that the court considers appropriate.

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Enforcement Part 5-1

Section 219

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Division 2—Substantiation notices

219 Regulator may require claims to be substantiated etc.

(1) This section applies if a person has, in trade or commerce, made a

claim or representation promoting, or apparently intended to

promote:

(a) a supply, or possible supply, of goods or services by the

person or another person; or

(b) a sale or grant, or possible sale or grant, of an interest in land

by the person or another person; or

(c) employment that is to be, or may be, offered by the person or

another person.

(2) The regulator may give the person who made the claim or

representation a written notice that requires the person to do one or

more of the following:

(a) give information and/or produce documents to the regulator

that could be capable of substantiating or supporting the

claim or representation;

(b) if the claim or representation relates to a supply, or possible

supply, of goods or services by the person or another

person—give information and/or produce documents to the

regulator that could be capable of substantiating:

(i) the quantities in which; and

(ii) the period for which;

the person or other person is or will be able to make such a

supply (whether or not the claim or representation relates to

those quantities or that period);

(c) give information and/or produce documents to the regulator

that are of a kind specified in the notice;

within 21 days after the notice is given to the person who made the

claim or representation.

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Chapter 5 Enforcement and remedies

Part 5-1 Enforcement

Section 220

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(3) Any kind of information or documents that the regulator specifies

under subsection (2)(c) must be a kind that the regulator is satisfied

is relevant to:

(a) substantiating or supporting the claim or representation; or

(b) if the claim or representation relates to a supply, or possible

supply, of goods or services by the person or another

person—substantiating the quantities in which, or the period

for which, the person or other person is or will be able to

make such a supply.

(4) The notice must:

(a) name the person to whom it is given; and

(b) specify the claim or representation to which it relates; and

(c) explain the effect of sections 220, 221 and 222.

(5) The notice may relate to more than one claim or representation that

the person has made.

(6) This section does not apply to a person who made the claim or

representation if the person:

(a) is an information provider; and

(b) made the claim or representation by publishing it on behalf of

another person in the course of carrying on a business of

providing information; and

(c) does not have a commercial relationship with the other

person other than for the purpose of:

(i) publishing claims or representations promoting, or

apparently intended to promote, the other person’s

business or other activities; or

(ii) the other person supplying goods or services, or selling

or granting interests in land to the person.

220 Extending periods for complying with substantiation notices

(1) A person who has been given a substantiation notice may, at any

time within 21 days after the notice was given to the person by the

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regulator, apply in writing to the regulator for an extension of the

period for complying with the notice.

(2) The regulator may, by written notice given to the person, extend

the period within which the person must comply with the notice.

221 Compliance with substantiation notices

(1) A person who is given a substantiation notice must comply with it

within the substantiation notice compliance period for the notice.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

(2) The substantiation notice compliance period for a substantiation

notice is:

(a) the period of 21 days specified in the notice; or

(b) if the period for complying with the notice has been extended

under section 220—the period as so extended;

and includes (if an application has been made under section 220(1)

for an extension of the period for complying with the notice) the

period up until the time when the applicant is given notice of the

regulator’s decision on the application.

(3) Despite subsection (1), an individual may refuse or fail to give

particular information or produce a particular document in

compliance with a substantiation notice on the ground that the

information or production of the document might tend to

incriminate the individual or to expose the individual to a penalty.

222 False or misleading information etc.

(1) A person must not, in compliance or purported compliance with a

substantiation notice given by the regulator:

(a) give to the regulator false or misleading information; or

(b) produce to the regulator documents that contain false or

misleading information.

Note: A pecuniary penalty may be imposed for a contravention of this

subsection.

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(2) This section does not apply to:

(a) information that the person could not have known was false

or misleading; or

(b) the production to the regulator of a document containing

false or misleading information if the document is

accompanied by a statement of the person that the

information is false or misleading.

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Division 3—Public warning notices

223 Regulator may issue a public warning notice

(1) The regulator may issue to the public a written notice containing a

warning about the conduct of a person if:

(a) the regulator has reasonable grounds to suspect that the

conduct may constitute a contravention of a provision of

Chapter 2, 3 or 4; and

(b) the regulator is satisfied that one or more other persons has

suffered, or is likely to suffer, detriment as a result of the

conduct; and

(c) the regulator is satisfied that it is in the public interest to

issue the notice.

(2) Without limiting subsection (1), if:

(a) a person refuses to respond to a substantiation notice given

by the regulator to the person, or fails to respond to the notice

before the end of the substantiation notice compliance period

for the notice; and

(b) the regulator is satisfied that it is in the public interest to

issue a notice under this subsection;

the regulator may issue to the public a written notice containing a

warning that the person has refused or failed to respond to the

substantiation notice within that period, and specifying the matter

to which the substantiation notice related.

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Part 5-2—Remedies

Division 1—Pecuniary penalties

224 Pecuniary penalties

(1) If a court is satisfied that a person:

(a) has contravened any of the following provisions:

(i) a provision of Part 2-2 (which is about unconscionable

conduct);

(ii) a provision of Part 3-1 (which is about unfair practices);

(iii) section 66(2) (which is about display notices);

(iv) a provision (other than section 85) of Division 2 of

Part 3-2 (which is about unsolicited consumer

agreements);

(v) a provision (other than section 96(2)) of Division 3 of

Part 3-2 (which is about lay-by agreements);

(va) section 99B(1), 99C, 99D(1), 99E or 99F(2) (which are

about gift cards);

(vi) section 100(1) or (3) or 101(3) or (4) (which are about

proof of transactions and itemised bills);

(vii) section 102(2) or 103(2) (which are about prescribed

requirements for warranties and repairers);

(viii) section 106(1), (2), (3) or (5), 107(1) or (2), 118(1), (2),

(3) or (5), 119(1) or (2), 125(4), 127(1) or (2), 128(2) or

(6), 131(1) or 132(1) (which are about safety of

consumer goods and product related services);

(ix) section 136(1), (2) or (3) or 137(1) or (2) (which are

about information standards);

(x) section 221(1) or 222(1) (which are about substantiation

notices); or

(b) has attempted to contravene such a provision; or

(c) has aided, abetted, counselled or procured a person to

contravene such a provision; or

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(d) has induced, or attempted to induce, a person, whether by

threats or promises or otherwise, to contravene such a

provision; or

(e) has been in any way, directly or indirectly, knowingly

concerned in, or party to, the contravention by a person of

such a provision; or

(f) has conspired with others to contravene such a provision;

the court may order the person to pay to the Commonwealth, State

or Territory, as the case may be, such pecuniary penalty, in respect

of each act or omission by the person to which this section applies,

as the court determines to be appropriate.

(2) In determining the appropriate pecuniary penalty, the court must

have regard to all relevant matters including:

(a) the nature and extent of the act or omission and of any loss or

damage suffered as a result of the act or omission; and

(b) the circumstances in which the act or omission took place;

and

(c) whether the person has previously been found by a court in

proceedings under Chapter 4 or this Part to have engaged in

any similar conduct.

(3) The pecuniary penalty payable under subsection (1) is not to

exceed the amount worked out using the following table:

Amount of pecuniary penalty

Item For each act or omission to

which this section applies

that relates to ...

the pecuniary penalty is

not to exceed ...

1 a provision of Part 2-2 (a) if the person is a body

corporate—the greater of

the amounts mentioned

in subsection (3A); or

(b) if the person is not a

body corporate—

$500,000.

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Amount of pecuniary penalty

Item For each act or omission to

which this section applies

that relates to ...

the pecuniary penalty is

not to exceed ...

2 a provision of Part 3-1 (other

than section 47(1))

(a) if the person is a body

corporate—the greater of

the amounts mentioned

in subsection (3A); or

(b) if the person is not a

body corporate—

$500,000.

3 section 47(1) (a) if the person is a body

corporate—$5,000; or

(b) if the person is not a

body corporate—$1,000.

4 section 66(2) (a) if the person is a body

corporate—$50,000; or

(b) if the person is not a

body corporate—

$10,000.

5 a provision of Division 2 of

Part 3-2 (other than

section 85)

(a) if the person is a body

corporate—$50,000; or

(b) if the person is not a

body corporate—

$10,000.

6 a provision of Division 3 of

Part 3-2 (other than

section 96(2))

(a) if the person is a body

corporate—$30,000; or

(b) if the person is not a

body corporate—$6,000.

6A section 99B(1), 99C, 99D(1),

99E or 99F(2)

(a) if the person is a body

corporate—$30,000; or

(b) if the person is not a

body corporate—$6,000.

7 section 100(1) or (3) or 101(3)

or (4)

(a) if the person is a body

corporate—$15,000; or

(b) if the person is not a

body corporate—$3,000.

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Amount of pecuniary penalty

Item For each act or omission to

which this section applies

that relates to ...

the pecuniary penalty is

not to exceed ...

8 section 102(2) or 103(2) (a) if the person is a body

corporate—$50,000; or

(b) if the person is not a

body corporate—

$10,000.

9 section 106(1), (2), (3) or (5),

107(1) or (2), 118(1), (2), (3)

or (5) or 119(1) or (2)

(a) if the person is a body

corporate—the greater of

the amounts mentioned

in subsection (3A); or

(b) if the person is not a

body corporate—

$500,000.

10 section 125(4) (a) if the person is a body

corporate—$16,500; or

(b) if the person is not a

body corporate—$3,300.

11 section 127(1) or (2) (a) if the person is a body

corporate—the greater of

the amounts mentioned

in subsection (3A); or

(b) if the person is not a

body corporate—

$500,000.

12 section 128(2) or (6), 131(1)

or 132(1)

(a) if the person is a body

corporate—$16,500; or

(b) if the person is not a

body corporate—$3,300.

13 section 136(1), (2) or (3) or

137(1) or (2)

(a) if the person is a body

corporate—the greater of

the amounts mentioned

in subsection (3A); or

(b) if the person is not a

body corporate—

$500,000.

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Amount of pecuniary penalty

Item For each act or omission to

which this section applies

that relates to ...

the pecuniary penalty is

not to exceed ...

14 section 221(1) (a) if the person is a body

corporate—$16,500; or

(b) if the person is not a

body corporate—$3,300.

15 section 222(1) (a) if the person is a body

corporate—$27,500; or

(b) if the person is not a

body corporate—$5,500.

(3A) For the purposes of items 1, 2, 9, 11 and 13 of the table in

subsection (3), the amounts are as follows:

(a) $10,000,000;

(b) if the court can determine the value of the benefit that the

body corporate, and any body corporate related to the body

corporate, have obtained directly or indirectly and that is

reasonably attributable to the act or omission—3 times the

value of that benefit;

(c) if the court cannot determine the value of that benefit—10%

of the annual turnover of the body corporate during the

12-month period ending at the end of the month in which the

act or omission occurred or started to occur.

(4) If conduct constitutes a contravention of 2 or more provisions

referred to in subsection (1)(a):

(a) a proceeding may be instituted under this Schedule against a

person in relation to the contravention of any one or more of

the provisions; but

(b) a person is not liable to more than one pecuniary penalty

under this section in respect of the same conduct.

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225 Pecuniary penalties and offences

(1) A court must not make an order under section 224 against a person

in relation to either of the following matters (a consumer

protection breach):

(a) a contravention of a provision referred to in

section 224(1)(a);

(b) conduct referred to in section 224(1)(b), (c), (d), (e) or (f)

that relates to a contravention of such a provision;

if the person has been convicted of an offence constituted by

conduct that is substantially the same as the conduct constituting

the consumer protection breach.

(2) Proceedings for an order under section 224 against a person in

relation to a consumer protection breach are stayed if:

(a) criminal proceedings are started or have already been started

against the person for an offence; and

(b) the offence is constituted by conduct that is substantially the

same as the conduct alleged to constitute the consumer

protection breach.

The proceedings for the order may be resumed if the person is not

convicted of the offence. Otherwise, the proceedings are dismissed.

(3) Criminal proceedings may be started against a person for conduct

that is substantially the same as conduct constituting a consumer

protection breach regardless of whether an order under section 224

has been made against the person in respect of the breach.

(4) Evidence of information given, or evidence of the production of

documents, by an individual is not admissible in criminal

proceedings against the individual if:

(a) the individual previously gave the evidence or produced the

documents in proceedings for an order under section 224

against the individual in relation to a consumer protection

breach (whether or not the order was made); and

(b) the conduct alleged to constitute the offence is substantially

the same as the conduct that was claimed to constitute the

consumer protection breach.

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However, this does not apply to a criminal proceeding in respect of

the falsity of the evidence given by the individual in the

proceedings for the order.

226 Defence

If, in proceedings under section 224 against a person other than a

body corporate, it appears to a court that the person has, or may

have:

(a) engaged in conduct in contravention of a provision referred

to in subsection (1)(a) of that section; or

(b) engaged in conduct referred to in subsection (1)(b), (c), (d),

(e) or (f) of that section that relates to a contravention of such

a provision;

but that the person acted honestly and reasonably and, having

regard to all the circumstances of the case, ought fairly to be

excused, the court may relieve the person either wholly or partly

from liability to a pecuniary penalty under that section.

227 Preference must be given to compensation for victims

If a court considers that:

(a) it is appropriate to order a person (the defendant) to pay a

pecuniary penalty under section 224 in relation to:

(i) a contravention of a provision referred to in

subsection (1)(a) of that section; or

(ii) conduct referred to in subsection (1)(b), (c), (d), (e) or

(f) of that section that relates to a contravention such a

provision; and

(b) it is appropriate to order the defendant to pay compensation

to a person who has suffered loss or damage as result of that

contravention or conduct; and

(c) the defendant does not have sufficient financial resources to

pay both the pecuniary penalty and the compensation;

the court must give preference to making an order for

compensation.

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228 Civil action for recovery of pecuniary penalties

(1) The regulator may institute a proceeding in a court for the recovery

on behalf of the Commonwealth, a State or a Territory, as the case

may be, of a pecuniary penalty referred to in section 224.

(2) A proceeding under subsection (1) may be commenced at any time

within 6 years after the contravention or conduct.

229 Indemnification of officers

(1) A body corporate (the first body), or a body corporate related to the

first body, commits an offence if it indemnifies a person (whether

by agreement or by making a payment and whether directly or

through an interposed entity) against either of the following

liabilities incurred as an officer (within the meaning of the

Corporations Act 2001) of the first body:

(a) a liability to pay a pecuniary penalty under section 224;

(b) legal costs incurred in defending or resisting proceedings in

which the person is found to have such a liability.

Penalty: $2,750.

(2) For the purposes of subsection (1), the outcome of proceedings is

the outcome of the proceedings and any appeal in relation to the

proceedings.

230 Certain indemnities not authorised and certain documents void

(1) Section 229 does not authorise anything that would otherwise be

unlawful.

(2) Anything that purports to indemnify a person against a liability is

void to the extent that it contravenes section 229.

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Division 2—Injunctions

232 Injunctions

(1) A court may grant an injunction, in such terms as the court

considers appropriate, if the court is satisfied that a person has

engaged, or is proposing to engage, in conduct that constitutes or

would constitute:

(a) a contravention of a provision of Chapter 2, 3 or 4; or

(b) attempting to contravene such a provision; or

(c) aiding, abetting, counselling or procuring a person to

contravene such a provision; or

(d) inducing, or attempting to induce, whether by threats,

promises or otherwise, a person to contravene such a

provision; or

(e) being in any way, directly or indirectly, knowingly concerned

in, or party to, the contravention by a person of such a

provision; or

(f) conspiring with others to contravene such a provision.

(2) The court may grant the injunction on application by the regulator

or any other person.

(3) Subsection (1) applies in relation to conduct constituted by

applying or relying on, or purporting to apply or rely on, a term of

a contract that has been declared under section 250 to be an unfair

term as if the conduct were a contravention of a provision of

Chapter 2.

(4) The power of the court to grant an injunction under subsection (1)

restraining a person from engaging in conduct may be exercised:

(a) whether or not it appears to the court that the person intends

to engage again, or to continue to engage, in conduct of a

kind referred to in that subsection; and

(b) whether or not the person has previously engaged in conduct

of that kind; and

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(c) whether or not there is an imminent danger of substantial

damage to any other person if the person engages in conduct

of that kind.

(5) Without limiting subsection (1), the court may grant an injunction

under that subsection restraining a person from carrying on a

business or supplying goods or services (whether or not as part of,

or incidental to, the carrying on of another business):

(a) for a specified period; or

(b) except on specified terms and conditions.

(6) Without limiting subsection (1), the court may grant an injunction

under that subsection requiring a person to do any of the following:

(a) refund money;

(b) transfer property;

(c) honour a promise;

(d) destroy or dispose of goods.

(7) The power of the court to grant an injunction under subsection (1)

requiring a person to do an act or thing may be exercised:

(a) whether or not it appears to the court that the person intends

to refuse or fail again, or to continue to refuse or fail, to do

that act or thing; and

(b) whether or not the person has previously refused or failed to

do that act or thing; and

(c) whether or not there is an imminent danger of substantial

damage to any other person if the person refuses or fails to do

that act or thing.

233 Consent injunctions

If an application is made under section 232, the court may, if it

considers that it is appropriate to do so, grant an injunction under

this section by consent of all the parties to the proceedings,

whether or not the court is satisfied as required by section 232(1).

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234 Interim injunctions

(1) If an application is made under section 232, the court may, if it

considers it is desirable to do so, grant an interim injunction under

this subsection pending the determination of the application.

(2) If a responsible Minister or the regulator made the application

under section 232, the court must not require the applicant or any

other person to give any undertakings as to damages as a condition

of granting the interim injunction.

(3) If:

(a) in a case to which subsection (2) does not apply the court

would, but for this subsection, require a person to give an

undertaking as to damages or costs; and

(b) a responsible Minister gives the undertaking;

the court must accept the undertaking by the responsible Minister

and must not require a further undertaking from any other person.

235 Variation and discharge of injunctions

A court may vary or discharge an injunction (including an interim

injunction) that it has granted under this Division.

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Division 3—Damages

236 Actions for damages

(1) If:

(a) a person (the claimant) suffers loss or damage because of the

conduct of another person; and

(b) the conduct contravened a provision of Chapter 2 or 3;

the claimant may recover the amount of the loss or damage by

action against that other person, or against any person involved in

the contravention.

(2) An action under subsection (1) may be commenced at any time

within 6 years after the day on which the cause of action that

relates to the conduct accrued.

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Division 4—Compensation orders etc. for injured persons and

orders for non-party consumers

Subdivision A—Compensation orders etc. for injured persons

237 Compensation orders etc. on application by an injured person

or the regulator

(1) A court may:

(a) on application of a person (the injured person) who has

suffered, or is likely to suffer, loss or damage because of the

conduct of another person that:

(i) was engaged in a contravention of a provision of

Chapter 2, 3 or 4; or

(ii) constitutes applying or relying on, or purporting to

apply or rely on, a term of a contract that has been

declared under section 250 to be an unfair term; or

(b) on the application of the regulator made on behalf of one or

more such injured persons;

make such order or orders as the court thinks appropriate against

the person who engaged in the conduct, or a person involved in

that conduct.

Note 1: For applications for an order or orders under this subsection, see

section 242.

Note 2: The orders that the court may make include all or any of the orders set

out in section 243.

(2) The order must be an order that the court considers will:

(a) compensate the injured person, or any such injured persons,

in whole or in part for the loss or damage; or

(b) prevent or reduce the loss or damage suffered, or likely to be

suffered, by the injured person or any such injured persons.

(3) An application under subsection (1) may be made at any time

within 6 years after the day on which:

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(a) if subsection (1)(a)(i) applies—the cause of action that relates

to the conduct referred to in that subsection accrued; or

(b) if subsection (1)(a)(ii) applies—the declaration referred to in

that subsection is made.

238 Compensation orders etc. arising out of other proceedings

(1) If a court finds, in a proceeding instituted under a provision of

Chapter 4 or this Chapter (other than this section), that a person

(the injured person) who is a party to the proceeding has suffered,

or is likely to suffer, loss or damage because of the conduct of

another person that:

(a) was engaged in a contravention of a provision of Chapter 2, 3

or 4; or

(b) constitutes applying or relying on, or purporting to apply or

rely on, a term of a contract that has been declared under

section 250 to be an unfair term;

the court may make such order or orders as it thinks appropriate

against the person who engaged in the conduct, or a person

involved in that conduct.

Note: The orders that the court may make include all or any of the orders set

out in section 243.

(2) The order must be an order that the court considers will:

(a) compensate the injured person in whole or in part for the loss

or damage; or

(b) prevent or reduce the loss or damage.

Subdivision B—Orders for non-party consumers

239 Orders to redress etc. loss or damage suffered by non-party

consumers

(1) If:

(a) a person:

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(i) engaged in conduct (the contravening conduct) in

contravention of a provision of Chapter 2, Part 3-1,

Division 2, 3 or 4 of Part 3-2 or Chapter 4; or

(ii) is a party to a contract who is advantaged by a term (the

declared term) of the contract in relation to which a

court has made a declaration under section 250; and

(b) the contravening conduct or declared term caused, or is likely

to cause, a class of persons to suffer loss or damage; and

(c) the class includes persons who are non-party consumers in

relation to the contravening conduct or declared term;

a court may, on the application of the regulator, make such order or

orders (other than an award of damages) as the court thinks

appropriate against a person referred to in subsection (2) of this

section.

Note 1: For applications for an order or orders under this subsection, see

section 242.

Note 2: The orders that the court may make include all or any of the orders set

out in section 243.

(2) An order under subsection (1) may be made against:

(a) if subsection (1)(a)(i) applies—the person who engaged in

the contravening conduct, or a person involved in that

conduct; or

(b) if subsection (1)(a)(ii) applies—a party to the contract who is

advantaged by the declared term.

(3) The order must be an order that the court considers will:

(a) redress, in whole or in part, the loss or damage suffered by

the non-party consumers in relation to the contravening

conduct or declared term; or

(b) prevent or reduce the loss or damage suffered, or likely to be

suffered, by the non-party consumers in relation to the

contravening conduct or declared term.

(4) An application under subsection (1) may be made at any time

within 6 years after the day on which:

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(a) if subsection (1)(a)(i) applies—the cause of action that relates

to the contravening conduct accrued; or

(b) if subsection (1)(a)(ii) applies—the declaration is made.

240 Determining whether to make a redress order etc. for non-party

consumers

(1) In determining whether to make an order under section 239(1)

against a person referred to in section 239(2)(a), the court may

have regard to the conduct of the person, and of the non-party

consumers in relation to the contravening conduct, since the

contravention occurred.

(2) In determining whether to make an order under section 239(1)

against a person referred to in section 239(2)(b), the court may

have regard to the conduct of the person, and of the non-party

consumers in relation to the declared term, since the declaration

was made.

(3) In determining whether to make an order under section 239(1), the

court need not make a finding about either of the following

matters:

(a) which persons are non-party consumers in relation to the

contravening conduct or declared term;

(b) the nature of the loss or damage suffered, or likely to be

suffered, by such persons.

241 When a non-party consumer is bound by a redress order etc.

(1) A non-party consumer is bound by an order made under

section 239(1) against a person if:

(a) the loss or damage suffered, or likely to be suffered, by the

non-party consumer in relation to the contravening conduct,

or the declared term, to which the order relates has been

redressed, prevented or reduced in accordance with the order;

and

(b) the non-party consumer has accepted the redress, prevention

or reduction.

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(2) Any other order made under section 239(1) that relates to that loss

or damage has no effect in relation to the non-party consumer.

(3) Despite any other provision of:

(a) this Schedule; or

(b) any other law of the Commonwealth, or a State or a

Territory;

no claim, action or demand may be made or taken against the

person by the non-party consumer in relation to that loss or

damage.

Subdivision C—Miscellaneous

242 Applications for orders

(1) An application may be made under section 237(1) or 239(1) even if

an enforcement proceeding in relation to the conduct, or the term

of a contract, referred to in that subsection has not been instituted.

(2) The regulator must not make an application under

section 237(1)(b) on behalf of one or more persons unless those

persons have consented in writing to the making of the application.

243 Kinds of orders that may be made

Without limiting section 237(1), 238(1) or 239(1), the orders that a

court may make under any of those sections against a person (the

respondent) include all or any of the following:

(a) an order declaring the whole or any part of a contract made

between the respondent and a person (the injured person)

who suffered, or is likely to suffer, the loss or damage

referred to in that section, or of a collateral arrangement

relating to such a contract:

(i) to be void; and

(ii) if the court thinks fit—to have been void ab initio or

void at all times on and after such date as is specified in

the order (which may be a date that is before the date on

which the order is made);

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(b) an order:

(i) varying such a contract or arrangement in such manner

as is specified in the order; and

(ii) if the court thinks fit—declaring the contract or

arrangement to have had effect as so varied on and after

such date as is specified in the order (which may be a

date that is before the date on which the order is made);

(c) an order refusing to enforce any or all of the provisions of

such a contract or arrangement;

(d) an order directing the respondent to refund money or return

property to the injured person;

(e) except if the order is to be made under section 239(1)—an

order directing the respondent to pay the injured person the

amount of the loss or damage;

(f) an order directing the respondent, at his or her own expense,

to repair, or provide parts for, goods that had been supplied

by the respondent to the injured person;

(g) an order directing the respondent, at his or her own expense,

to supply specified services to the injured person;

(h) an order, in relation to an instrument creating or transferring

an interest in land, directing the respondent to execute an

instrument that:

(i) varies, or has the effect of varying, the first mentioned

instrument; or

(ii) terminates or otherwise affects, or has the effect of

terminating or otherwise affecting, the operation or

effect of the first mentioned instrument.

244 Power of a court to make orders

A court may make an order under Subdivision A or B of this

Division whether or not the court:

(a) grants an injunction under Division 2 of this Part; or

(b) makes an order under section 236, 246, 247 or 248.

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245 Interaction with other provisions

Subdivisions A and B of this Division do not limit the generality of

Division 2 of this Part.

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Division 5—Other remedies

246 Non-punitive orders

(1) A court may, on application of the regulator, make one or more of

the orders mentioned in subsection (2) in relation to a person who

has engaged in conduct that:

(a) contravenes a provision of Chapter 2, 3 or 4; or

(b) constitutes an involvement in a contravention of such a

provision.

(2) The court may make the following orders in relation to the person

who has engaged in the conduct:

(a) an order directing the person to perform a service that is

specified in the order, and that relates to the conduct, for the

benefit of the community or a section of the community;

(aa) an order requiring the person, at the person’s expense, to

engage:

(i) another person specified in the order; or

(ii) another person in a class of persons specified in the

order;

to perform a service that is specified in the order and that

relates to the conduct, for the benefit of the community or a

section of the community;

(b) an order for the purpose of ensuring that the person does not

engage in the conduct, similar conduct, or related conduct,

during the period of the order (which must not be longer than

3 years) including:

(i) an order directing the person to establish a compliance

program for employees or other persons involved in the

person’s business, being a program designed to ensure

their awareness of the responsibilities and obligations in

relation to such conduct; and

(ii) an order directing the person to establish an education

and training program for employees or other persons

involved in the person’s business, being a program

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designed to ensure their awareness of the

responsibilities and obligations in relation to such

conduct; and

(iii) an order directing the person to revise the internal

operations of the person’s business which led to the

person engaging in such conduct;

(c) an order requiring the person to disclose, in the way and to

the persons specified in the order, such information as is so

specified, being information that the person has possession of

or access to;

(d) an order requiring the person to publish, at the person’s

expense and in the way specified in the order, an

advertisement in the terms specified in, or determined in

accordance with, the order.

Note: The following are examples of orders that the court may make under

subsection (2)(a):

(a) an order requiring a person who has made false representations to make available a training video which explains advertising obligations under this Schedule;

(b) an order requiring a person who has engaged in misleading or deceptive conduct in relation to a product to carry out a community awareness program to address the needs of consumers when purchasing the product.

(2A) An order under subsection (2)(aa) is not enforceable against a

person mentioned in subsections (2)(aa)(i) and (ii).

(3) This section does not limit a court’s powers under any other

provision of this Schedule.

247 Adverse publicity orders

(1) A court may, on application of the regulator, make an adverse

publicity order in relation to a person who:

(a) has contravened a provision of Part 2-2 or Chapter 3; or

(b) has committed an offence against Chapter 4.

(2) An adverse publicity order in relation to a person is an order that

requires the person:

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(a) to disclose, in the way and to the persons specified in the

order, such information as is so specified, being information

that the person has possession of or access to; and

(b) to publish, at the person’s expense and in the way specified

in the order, an advertisement in the terms specified in, or

determined in accordance with, the order.

(3) This section does not limit a court’s powers under any other

provision of this Schedule.

248 Order disqualifying a person from managing corporations

(1) A court may, on application of the regulator, make an order

disqualifying a person from managing corporations for a period

that the court considers appropriate if:

(a) the court is satisfied that the person has contravened, has

attempted to contravene or has been involved in a

contravention of any of the following provisions:

(i) a provision of Part 2-2 (which is about unconscionable

conduct);

(ii) a provision of Part 3-1 (which is about unfair practices);

(iii) a provision (other than section 85) of Division 2 of

Part 3-2 (which is about unsolicited consumer

agreements);

(iv) section 106(1), (2), (3) or (5), 107(1) or (2), 118(1), (2),

(3) or (5), 119(1) or (2), 125(4), 127(1) or (2), 128(2) or

(6), 131(1) or 132(1) (which are about safety of

consumer goods and product related services);

(v) section 136(1), (2) or (3) or 137(1) or (2) (which are

about information standards);

(vi) a provision of Chapter 4 (which is about offences); and

(b) the court is satisfied that the disqualification is justified.

Note: Section 206EA of the Corporations Act 2001 provides that a person is

disqualified from managing corporations if a court order is in force

under this section. That Act contains various consequences for persons

so disqualified.

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(2) In determining under subsection (1) whether the disqualification is

justified, the court may have regard to:

(a) the person’s conduct in relation to the management, business

or property of any corporation; and

(b) any other matters that the court considers appropriate.

(3) If the court makes an order under subsection (1), the regulator

must:

(a) notify ASIC; and

(b) give ASIC a copy of any such order.

Note: ASIC must keep a register of persons who have been disqualified

from managing corporations: see section 1274AA of the Corporations

Act 2001.

(4) For the purposes of this Schedule (other than this section or

section 249), an order under this section is not a penalty.

249 Privilege against exposure to penalty or forfeiture—

disqualification from managing corporations

(1) In a civil or criminal proceeding under, or arising out of, this

Schedule, a person is not entitled to refuse or fail to comply with a

requirement:

(a) to answer a question or give information; or

(b) to produce a document or any other thing; or

(c) to do any other act;

on the ground that the answer or information, production of the

document or other thing, or doing that other act, as the case may

be, might tend to expose the person to a penalty (including

forfeiture) by way of an order under section 248.

(2) Subsection (1) applies whether or not the person is a defendant in

the proceeding or in any other proceeding.

(3) A person is not entitled to refuse or fail to comply with a

requirement under this Schedule:

(a) to answer a question or give information; or

(b) to produce a document or any other thing; or

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(c) to do any other act;

on the ground that the answer or information, production of the

document or other thing, or doing that other act, as the case may

be, might tend to expose the person to a penalty (including

forfeiture) by way of an order under section 248.

250 Declarations relating to consumer contracts and small business

contracts

(1) The Court may declare that a term of a consumer contract is an

unfair term, on application by:

(a) a party to the contract; or

(b) the regulator.

(2) The Court may declare that a term of a small business contract is

an unfair term, on application by:

(a) a party to the contract, if the party was a business of the kind

referred to in paragraph 23(4)(b) at the time the contract was

entered into; or

(b) the regulator.

(3) Subsections (1) and (2) do not apply unless the contract is a

standard form contract.

(4) Subsections (1) and (2) do not apply if Part 2-3 does not apply to

the contract.

(5) Subsections (1) and (2) do not limit any other power of the court to

make declarations.

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Division 6—Defences

251 Publication of advertisement in the ordinary course of business

(1) This section applies to a proceeding under this Part in relation to a

contravention of a provision of Part 2-1 or 2-2 or Chapter 3 if the

contravention was committed by the publication of an

advertisement.

(2) In the proceeding, it is a defence if the defendant proves that:

(a) the defendant is a person whose business it is to publish or

arrange for the publication of advertisements; and

(b) the defendant received the advertisement for publication in

the ordinary course of business; and

(c) the defendant did not know, and had no reason to suspect,

that its publication would amount to a contravention of such

a provision.

252 Supplying consumer goods for the purpose of re-supply

(1) This section applies to a proceeding under this Part in relation to a

contravention of a provision of Part 2-1 or 2-2 or Chapter 3

committed by:

(a) the supplying of consumer goods that did not comply with a

safety standard for such goods; or

(b) the supplying of consumer goods by a supplier who did not

comply with an information standard for such goods.

(2) In the proceeding, it is a defence if the defendant proves that:

(a) the consumer goods were acquired by the defendant for the

purpose of re-supply; and

(b) the consumer goods were so acquired from a person who

carried on in Australia a business of supplying such goods

otherwise than as the agent of a person outside Australia; and

(c) either:

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(i) the defendant did not know, and could not with

reasonable diligence have ascertained, that the

consumer goods did not comply with that safety

standard, or that the defendant had not complied with

that information standard, as the case may be; or

(ii) the defendant relied in good faith on a representation by

the person from whom the defendant acquired the goods

that there was no safety standard or information

standard, as the case may be, for such consumer goods.

(3) A defendant is not entitled to rely on the defence provided by

subsection (2) unless:

(a) the court gives leave; or

(b) the defendant has, not later than 7 days before the day on

which the hearing of the proceeding commences, served on

the person who instituted the proceeding a written notice

identifying the person from whom the defendant acquired the

consumer goods.

253 Supplying product related services for the purpose of re-supply

(1) This section applies to a proceeding under this Part in relation to a

contravention of a provision of Part 2-1 or 2-2 or Chapter 3

committed by:

(a) the supplying of product related services that did not comply

with a safety standard for such services; or

(b) the supplying of product related services by a supplier who

did not comply with an information standard for such

services.

(2) In the proceeding, it is a defence if the defendant proves that:

(a) the product related services were acquired by the defendant

for the purpose of re-supply; and

(b) the product related services were so acquired from a person

who carried on in Australia a business of supplying such

services otherwise than as the agent of a person outside

Australia; and

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(c) either:

(i) the defendant did not know, and could not with

reasonable diligence have ascertained, that the product

related services did not comply with that safety

standard, or that the defendant had not complied with

that information standard, as the case may be; or

(ii) the defendant relied in good faith on a representation by

the person from whom the defendant acquired the goods

that there was no safety standard or information

standard, as the case may be, for such product related

services.

(3) A defendant is not entitled to rely on the defence provided by

subsection (2) unless:

(a) the court gives leave; or

(b) the defendant has, not later than 7 days before the day on

which the hearing of the proceeding commences, served on

the person who instituted the proceeding a written notice

identifying the person from whom the defendant acquired the

product related services.

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Part 5-3—Country of origin representations

254 Overview

This Part provides that certain country of origin representations

made about goods do not contravene:

(a) section 18 (which deals with misleading or deceptive

conduct); or

(b) section 29(1)(a) or (k) or 151(1)(a) or (k) (which deal with

false or misleading representations).

255 Country of origin representations do not contravene certain

provisions

(1) A person does not contravene section 18, 29(1)(a) or (k) or

151(1)(a) or (k) only by making a representation of a kind referred

to in an item in the first column of this table, if the requirements of

the corresponding item in the second column are met.

Country of origin representations

Item Representation Requirements to be met

1 A representation that goods

were grown in a particular

country

(a) each significant ingredient or significant

component of the goods was grown in

that country; and

(b) all, or virtually all, processes involved in

the production or manufacture of the

goods happened in that country.

2 A representation that goods

are the produce of a

particular country

(a) the country was the country of origin of

each significant ingredient or significant

component of the goods; and

(b) all, or virtually all, processes involved in

the production or manufacture of the

goods happened in that country.

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Country of origin representations

Item Representation Requirements to be met

3 A representation that goods

were made or manufactured

in, or otherwise originate in,

a particular country

(a) the goods were last substantially

transformed in that country; and

(b) the representation is not a representation

to which item 1 or 2 of this table applies.

4 A representation in the form

of a mark specified in an

information standard

relating to country of origin

labelling of goods

the requirements under the information

standard relating to the use of that mark.

(2) Goods were substantially transformed in a country if:

(a) the goods met, in relation to that country, the requirements of

item 1 or 2 in the second column of the table in

subsection (1); or

(b) as a result of one or more processes undertaken in that

country, the goods are fundamentally different in identity,

nature or essential character from all of their ingredients or

components that were imported into that country.

(3) Without limiting subsection (2), the regulations:

(a) may prescribe (in relation to particular classes of goods or

otherwise) processes or combinations of processes that, for

the purposes of that subsection, do not have the result

described in subsection (2)(b); and

(b) may include examples (in relation to particular classes of

goods or otherwise) of processes or combinations of

processes that, for the purposes of that subsection, have the

result described in subsection (2)(b).

(5) Item 2 of the table in subsection (1) applies to a representation that

goods are the produce of a particular country whether the

representation uses the words “product of”, “produce of” or any

other grammatical variation of the word “produce”.

(7) Goods, or ingredients or components of goods, are grown in a

country if they:

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(a) are materially increased in size or materially altered in

substance in that country by natural development; or

(b) germinated or otherwise arose in, or issued in, that country;

or

(c) are harvested, extracted or otherwise derived from an

organism that has been materially increased in size, or

materially altered in substance, in that country by natural

development.

(8) For the purposes of item 1 of the table in subsection (1) in relation

to particular goods, packaging materials are not treated as

ingredients or components of the goods.

(9) For the purposes of item 1 of the table in subsection (1) in relation

to an ingredient or component, water added to the ingredient or

component is treated as having the same origin as the ingredient or

component, regardless of its actual origin, if:

(a) the ingredient or component has been dried or concentrated

by the evaporation of water; and

(b) the added water returns the water content of the ingredient or

component to no more than its natural level.

258 Proceedings relating to false, misleading or deceptive conduct or

representations

If:

(a) proceedings are brought against a person in respect of

section 18, 29(1)(a) or (k) or 151(1)(a) or (k); and

(b) the person seeks to rely on a provision of this Part, or of a

regulation made for the purposes of a provision of this Part,

in the proceedings;

the person bears an evidential burden in relation to the matters set

out in the provision on which the person seeks to rely.

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Part 5-4—Remedies relating to guarantees

Division 1—Action against suppliers

Subdivision A—Action against suppliers of goods

259 Action against suppliers of goods

(1) A consumer may take action under this section if:

(a) a person (the supplier) supplies, in trade or commerce, goods

to the consumer; and

(b) a guarantee that applies to the supply under Subdivision A of

Division 1 of Part 3-2 (other than sections 58 and 59(1)) is

not complied with.

(2) If the failure to comply with the guarantee can be remedied and is

not a major failure:

(a) the consumer may require the supplier to remedy the failure

within a reasonable time; or

(b) if such a requirement is made of the supplier but the supplier

refuses or fails to comply with the requirement, or fails to

comply with the requirement within a reasonable time—the

consumer may:

(i) otherwise have the failure remedied and, by action

against the supplier, recover all reasonable costs

incurred by the consumer in having the failure so

remedied; or

(ii) subject to section 262, notify the supplier that the

consumer rejects the goods and of the ground or

grounds for the rejection.

(3) If the failure to comply with the guarantee cannot be remedied or is

a major failure, the consumer may:

(a) subject to section 262, notify the supplier that the consumer

rejects the goods and of the ground or grounds for the

rejection; or

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(b) by action against the supplier, recover compensation for any

reduction in the value of the goods below the price paid or

payable by the consumer for the goods.

(4) The consumer may, by action against the supplier, recover

damages for any loss or damage suffered by the consumer because

of the failure to comply with the guarantee if it was reasonably

foreseeable that the consumer would suffer such loss or damage as

a result of such a failure.

(5) Subsection (4) does not apply if the failure to comply with the

guarantee occurred only because of a cause independent of human

control that occurred after the goods left the control of the supplier.

(6) To avoid doubt, subsection (4) applies in addition to

subsections (2) and (3).

(7) The consumer may take action under this section whether or not

the goods are in their original packaging.

260 When a failure to comply with a guarantee is a major failure

A failure to comply with a guarantee referred to in

section 259(1)(b) that applies to a supply of goods is a major

failure if:

(a) the goods would not have been acquired by a reasonable

consumer fully acquainted with the nature and extent of the

failure; or

(b) the goods depart in one or more significant respects:

(i) if they were supplied by description—from that

description; or

(ii) if they were supplied by reference to a sample or

demonstration model—from that sample or

demonstration model; or

(c) the goods are substantially unfit for a purpose for which

goods of the same kind are commonly supplied and they

cannot, easily and within a reasonable time, be remedied to

make them fit for such a purpose; or

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(d) the goods are unfit for a disclosed purpose that was made

known to:

(i) the supplier of the goods; or

(ii) a person by whom any prior negotiations or

arrangements in relation to the acquisition of the goods

were conducted or made;

and they cannot, easily and within a reasonable time, be

remedied to make them fit for such a purpose; or

(e) the goods are not of acceptable quality because they are

unsafe.

261 How suppliers may remedy a failure to comply with a guarantee

If, under section 259(2)(a), a consumer requires a supplier of goods

to remedy a failure to comply with a guarantee referred to in

section 259(1)(b), the supplier may comply with the requirement:

(a) if the failure relates to title—by curing any defect in title; or

(b) if the failure does not relate to title—by repairing the goods;

or

(c) by replacing the goods with goods of an identical type; or

(d) by refunding:

(i) any money paid by the consumer for the goods; and

(ii) an amount that is equal to the value of any other

consideration provided by the consumer for the goods.

262 When consumers are not entitled to reject goods

(1) A consumer is not entitled, under section 259, to notify a supplier

of goods that the consumer rejects the goods if:

(a) the rejection period for the goods has ended; or

(b) the goods have been lost, destroyed or disposed of by the

consumer; or

(c) the goods were damaged after being delivered to the

consumer for reasons not related to their state or condition at

the time of supply; or

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(d) the goods have been attached to, or incorporated in, any real

or personal property and they cannot be detached or isolated

without damaging them.

(2) The rejection period for goods is the period from the time of the

supply of the goods to the consumer within which it would be

reasonable to expect the relevant failure to comply with a

guarantee referred to in section 259(1)(b) to become apparent

having regard to:

(a) the type of goods; and

(b) the use to which a consumer is likely to put them; and

(c) the length of time for which it is reasonable for them to be

used; and

(d) the amount of use to which it is reasonable for them to be put

before such a failure becomes apparent.

263 Consequences of rejecting goods

(1) This section applies if, under section 259, a consumer notifies a

supplier of goods that the consumer rejects the goods.

(2) The consumer must return the goods to the supplier unless:

(a) the goods have already been returned to, or retrieved by, the

supplier; or

(b) the goods cannot be returned, removed or transported without

significant cost to the consumer because of:

(i) the nature of the failure to comply with the guarantee to

which the rejection relates; or

(ii) the size or height, or method of attachment, of the

goods.

(3) If subsection (2)(b) applies, the supplier must, within a reasonable

time, collect the goods at the supplier’s expense.

(4) The supplier must, in accordance with an election made by the

consumer:

(a) refund:

(i) any money paid by the consumer for the goods; and

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(ii) an amount that is equal to the value of any other

consideration provided by the consumer for the goods;

or

(b) replace the rejected goods with goods of the same type, and

of similar value, if such goods are reasonably available to the

supplier.

(5) The supplier cannot satisfy subsection (4)(a) by permitting the

consumer to acquire goods from the supplier.

(6) If the property in the rejected goods had passed to the consumer

before the rejection was notified, the property in those goods

revests in the supplier on the notification of the rejection.

264 Replaced goods

If the goods are replaced under section 261(c) or 263(4)(b):

(a) the replacement goods are taken, for the purposes of

Division 1 of Part 3-2 and this Part, to be supplied by the

supplier; and

(b) the provisions of Division 1 of Part 3-2 and this Part apply in

relation to the replacement goods.

265 Termination of contracts for the supply of services that are

connected with rejected goods

(1) If:

(a) under section 259, a consumer notifies a supplier of goods

that the consumer rejects the goods; and

(b) the supplier is required under section 263(4)(a) to give the

consumer a refund; and

(c) a person supplies, in trade or commerce, services to the

consumer that are connected with the rejected goods;

the consumer may terminate the contract for the supply of the

services.

(2) The termination takes effect:

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(a) at the time the termination is made known to the supplier of

the services (whether by words or by conduct indicating the

consumer’s intention to terminate the contract); or

(b) if it is not reasonably practicable to communicate with the

supplier of the services—at the time the consumer indicates,

by means which are reasonable in the circumstances, his or

her intention to terminate the contract.

(3) The consumer is entitled to recover, by action against the supplier

of the services, a refund of:

(a) any money paid by the consumer for the services; and

(b) an amount that is equal to the value of any other

consideration provided by the consumer for the services;

to the extent that the consumer has not already consumed the

services at the time the termination takes effect.

266 Rights of gift recipients

If a consumer acquires goods from a supplier and gives them to

another person as a gift, the other person may, subject to any

defence which would be available to the supplier against the

consumer:

(a) exercise any rights or remedies under this Subdivision which

would be available to the other person if he or she had

acquired the goods from the supplier; and

(b) any reference in this Subdivision to a consumer includes a

reference to the other person accordingly.

Subdivision B—Action against suppliers of services

267 Action against suppliers of services

(1) A consumer may take action under this section if:

(a) a person (the supplier) supplies, in trade or commerce,

services to the consumer; and

(b) a guarantee that applies to the supply under Subdivision B of

Division 1 of Part 3-2 is not complied with; and

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(c) unless the guarantee is the guarantee under section 60—the

failure to comply with the guarantee did not occur only

because of:

(i) an act, default or omission of, or a representation made

by, any person other than the supplier, or an agent or

employee of the supplier; or

(ii) a cause independent of human control that occurred

after the services were supplied.

(2) If the failure to comply with the guarantee can be remedied and is

not a major failure:

(a) the consumer may require the supplier to remedy the failure

within a reasonable time; or

(b) if such a requirement is made of the supplier but the supplier

refuses or fails to comply with the requirement, or fails to

comply with the requirement within a reasonable time—the

consumer may:

(i) otherwise have the failure remedied and, by action

against the supplier, recover all reasonable costs

incurred by the consumer in having the failure so

remedied; or

(ii) terminate the contract for the supply of the services.

(3) If the failure to comply with the guarantee cannot be remedied or is

a major failure, the consumer may:

(a) terminate the contract for the supply of the services; or

(b) by action against the supplier, recover compensation for any

reduction in the value of the services below the price paid or

payable by the consumer for the services.

(4) The consumer may, by action against the supplier, recover

damages for any loss or damage suffered by the consumer because

of the failure to comply with the guarantee if it was reasonably

foreseeable that the consumer would suffer such loss or damage as

a result of such a failure.

(5) To avoid doubt, subsection (4) applies in addition to

subsections (2) and (3).

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268 When a failure to comply with a guarantee is a major failure

A failure to comply with a guarantee referred to in

section 267(1)(b) that applies to a supply of services is a major

failure if:

(a) the services would not have been acquired by a reasonable

consumer fully acquainted with the nature and extent of the

failure; or

(b) the services are substantially unfit for a purpose for which

services of the same kind are commonly supplied and they

cannot, easily and within a reasonable time, be remedied to

make them fit for such a purpose; or

(c) both of the following apply:

(i) the services, and any product resulting from the

services, are unfit for a particular purpose for which the

services were acquired by the consumer that was made

known to the supplier of the services;

(ii) the services, and any of those products, cannot, easily

and within a reasonable time, be remedied to make them

fit for such a purpose; or

(d) both of the following apply:

(i) the services, and any product resulting from the

services, are not of such a nature, or quality, state or

condition, that they might reasonably be expected to

achieve a result desired by the consumer that was made

known to the supplier;

(ii) the services, and any of those products, cannot, easily

and within a reasonable time, be remedied to achieve

such a result; or

(e) the supply of the services creates an unsafe situation.

269 Termination of contracts for the supply of services

(1) This section applies if, under section 267, a consumer terminates a

contract for the supply of services.

(2) The termination takes effect:

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(a) at the time the termination is made known to the supplier of

the services (whether by words or by conduct indicating the

consumer’s intention to terminate the contract); or

(b) if it is not reasonably practicable to communicate with the

supplier of the services—at the time the consumer indicates,

by means which are reasonable in the circumstances, his or

her intention to terminate the contract.

(3) The consumer is entitled to recover, by action against the supplier

of the services, a refund of:

(a) any money paid by the consumer for the services; and

(b) an amount that is equal to the value of any other

consideration provided by the consumer for the services;

to the extent that the consumer has not already consumed the

services at the time the termination takes effect.

270 Termination of contracts for the supply of goods that are

connected with terminated services

(1) If:

(a) under section 267, a consumer terminates a contract for the

supply of services; and

(b) a person (the supplier) has supplied, in trade or commerce,

goods to the consumer that are connected with the services;

then:

(c) the consumer is taken to have rejected the goods at the time

the termination of the contract takes effect; and

(d) the consumer must return the goods to the supplier of the

goods unless:

(i) the goods have already been returned to, or retrieved by,

the supplier; or

(ii) the goods cannot be returned, removed or transported

without significant cost to the consumer because of the

nature of the failure to comply with the guarantee to

which the rejection relates, or because of the size or

height, or method of attachment, of the goods; and

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(e) the supplier must refund:

(i) any money paid by the consumer for the goods; and

(ii) an amount that is equal to the value of any other

consideration provided by the consumer for the goods.

(2) If subsection (1)(d)(ii) applies, the supplier must collect the goods

at the supplier’s expense.

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Division 2—Action for damages against manufacturers of goods

271 Action for damages against manufacturers of goods

(1) If:

(a) the guarantee under section 54 applies to a supply of goods to

a consumer; and

(b) the guarantee is not complied with;

an affected person in relation to the goods may, by action against

the manufacturer of the goods, recover damages from the

manufacturer.

(2) Subsection (1) does not apply if the guarantee under section 54 is

not complied with only because of:

(a) an act, default or omission of, or any representation made by,

any person other than the manufacturer or an employee or

agent of the manufacturer; or

(b) a cause independent of human control that occurred after the

goods left the control of the manufacturer; or

(c) the fact that the price charged by the supplier was higher than

the manufacturer’s recommended retail price, or the average

retail price, for the goods.

(3) If:

(a) a person supplies, in trade or commerce, goods by

description to a consumer; and

(b) the description was applied to the goods by or on behalf of

the manufacturer of the goods, or with express or implied

consent of the manufacturer; and

(c) the guarantee under section 56 applies to the supply and it is

not complied with;

an affected person in relation to the goods may, by action against

the manufacturer of the goods, recover damages from the

manufacturer.

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(4) Subsection (3) does not apply if the guarantee under section 56 is

not complied with only because of:

(a) an act, default or omission of any person other than the

manufacturer or an employee or agent of the manufacturer; or

(b) a cause independent of human control that occurred after the

goods left the control of the manufacturer.

(5) If:

(a) the guarantee under section 58 or 59(1) applies to a supply of

goods to a consumer; and

(b) the guarantee is not complied with;

an affected person in relation to the goods may, by action against

the manufacturer of the goods, recover damages from the

manufacturer.

(6) If an affected person in relation to goods has, in accordance with

an express warranty given or made by the manufacturer of the

goods, required the manufacturer to remedy a failure to comply

with a guarantee referred to in subsection (1), (3) or (5):

(a) by repairing the goods; or

(b) by replacing the goods with goods of an identical type;

then, despite that subsection, the affected person is not entitled to

commence an action under that subsection to recover damages of a

kind referred to in section 272(1)(a) unless the manufacturer has

refused or failed to remedy the failure, or has failed to remedy the

failure within a reasonable time.

(7) The affected person in relation to the goods may commence an

action under this section whether or not the goods are in their

original packaging.

272 Damages that may be recovered by action against

manufacturers of goods

(1) In an action for damages under this Division, an affected person in

relation to goods is entitled to recover damages for:

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(a) any reduction in the value of the goods, resulting from the

failure to comply with the guarantee to which the action

relates, below whichever of the following prices is lower:

(i) the price paid or payable by the consumer for the goods;

(ii) the average retail price of the goods at the time of

supply; and

(b) any loss or damage suffered by the affected person because

of the failure to comply with the guarantee to which the

action relates if it was reasonably foreseeable that the

affected person would suffer such loss or damage as a result

of such a failure.

(2) Without limiting subsection (1)(b), the cost of inspecting and

returning the goods to the manufacturer is taken to be a reasonably

foreseeable loss suffered by the affected person as a result of the

failure to comply with the guarantee.

(3) Subsection (1)(b) does not apply to loss or damage suffered

through a reduction in the value of the goods.

273 Time limit for actions against manufacturers of goods

An affected person may commence an action for damages under

this Division at any time within 3 years after the day on which the

affected person first became aware, or ought reasonably to have

become aware, that the guarantee to which the action relates has

not been complied with.

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Division 3—Miscellaneous

274 Indemnification of suppliers by manufacturers

(1) A manufacturer of goods is liable to indemnify a person (the

supplier) who supplies the goods to a consumer if:

(a) the supplier is liable to pay damages under section 259(4) to

the consumer for loss or damage suffered by the consumer;

and

(b) the manufacturer is or would be liable under section 271 to

pay damages to the consumer for the same loss or damage.

(2) Without limiting subsection (1), a manufacturer of goods is liable

to indemnify a person (the supplier) who supplies the goods to a

consumer if:

(a) the supplier incurs costs because the supplier is liable under

this Part for a failure to comply with a guarantee that applies

to the supply under Subdivision A of Division 1 of Part 3-2;

and

(b) the failure is:

(i) a failure to comply with the guarantee under section 54;

or

(ii) a failure to comply with the guarantee under section 55

in relation to a disclosed purpose that the consumer

made known to the manufacturer either directly or

through the supplier or the person referred to in

section 55(2)(a)(ii); or

(iii) a failure to comply with the guarantee under section 56

in relation to a description that was applied to the goods

by or on behalf of the manufacturer of the goods, or

with the express or implied consent of the manufacturer.

(3) The supplier may, with respect to the manufacturer’s liability to

indemnify the supplier, commence an action against the

manufacturer in a court of competent jurisdiction for such legal or

equitable relief as the supplier could have obtained if that liability

had arisen under a contract of indemnity made between them.

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(4) The supplier may commence the action at any time within 3 years

after the earliest of the following days:

(a) the day, or the first day, as the case may be, on which the

supplier made a payment with respect to, or otherwise

discharged in whole or in part, the liability of the supplier to

the consumer;

(b) the day on which a proceeding was commenced by the

consumer against the supplier with respect to that liability or,

if more than one such proceeding was commenced, the day

on which the first such proceeding was commenced.

275 Limitation of liability etc.

If:

(a) there is a failure to comply with a guarantee that applies to a

supply of services under Subdivision B of Division 1 of

Part 3-2; and

(b) the law of a State or a Territory is the proper law of the

contract;

that law applies to limit or preclude liability for the failure, and

recovery of that liability (if any), in the same way as it applies to

limit or preclude liability, and recovery of any liability, for a

breach of a term of the contract for the supply of the services.

276 This Part not to be excluded etc. by contract

(1) A term of a contract (including a term that is not set out in the

contract but is incorporated in the contract by another term of the

contract) is void to the extent that the term purports to exclude,

restrict or modify, or has the effect of excluding, restricting or

modifying:

(a) the application of all or any of the provisions of this Part; or

(b) the exercise of a right a conferred by such a provision; or

(c) any liability of a person in relation to a failure to comply with

a guarantee that applies under Division 1 of Part 3-2 to a

supply of goods or services.

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(2) A term of a contract is not taken, for the purposes of this section, to

exclude, restrict or modify the application of a provision of this

Part unless the term does so expressly or is inconsistent with the

provision.

(3) This section does not apply to a term of a contract that is a term

referred to in section 276A(4).

276A Limitation in certain circumstances of liability of

manufacturer to seller

(1) Despite section 274, if goods are not of a kind ordinarily acquired

for personal, domestic or household use or consumption, the

liability under that section of the manufacturer of the goods to a

person (the supplier) who supplied the goods to a consumer is

limited to a liability to pay to the supplier an amount equal to:

(a) the cost of replacing the goods; or

(b) the cost of obtaining equivalent goods; or

(c) the cost of having the goods repaired;

whichever is the lowest amount.

(2) Subsection (1) does not apply in relation to particular goods if the

supplier establishes that it is not fair or reasonable for the liability

of the manufacturer of the goods to be limited as mentioned in

subsection (1).

(3) In determining for the purposes of subsection (2) whether or not it

is fair or reasonable for the liability of a manufacturer to a supplier

in relation to goods to be limited as mentioned in subsection (1), a

court is to have regard to all the circumstances of the case, and in

particular to the following matters:

(a) the availability of suitable alternative sources of supply of the

goods;

(b) the availability of equivalent goods;

(c) whether the goods were manufactured, processed or adapted

to the special order of the supplier.

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(4) This section is subject to any term of a contract between the

manufacturer and the supplier imposing on the manufacturer a

greater liability than the liability mentioned in subsection (1).

277 Representative actions by the regulator

(1) The regulator may, by application, commence an action under this

Part on behalf of one or more persons identified in the application

who are entitled under this Part to take the action.

(2) The regulator may only make the application if it has obtained the

written consent of the person, or each of the persons, on whose

behalf the application is being made.

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Part 5-5—Liability of suppliers and credit providers

Division 1—Linked credit contracts

278 Liability of suppliers and linked credit providers relating to

linked credit contracts

(1) If a consumer who is a party to a linked credit contract suffers loss

or damage as a result of:

(a) a misrepresentation relating to the credit provided under that

linked credit contract, or to a supply of goods or services (a

related supply) to which that contract relates; or

(b) a breach of the linked credit contract, or of a contract for a

related supply; or

(c) the failure of consideration in relation to the linked credit

contract, or to a contract for a related supply; or

(d) a failure to comply with a guarantee that applies, under

section 54, 55, 56, 57, 60, 61 or 62, in relation to a related

supply; or

(e) a breach of a warranty that is implied in the linked credit

contract by section 12ED of the Australian Securities and

Investments Commission Act 2001;

the linked credit provider who is a party to the contract, and the

supplier of a related supply, are jointly and severally liable to the

consumer for the amount of the loss or damage.

(2) A linked credit contract is a contract that a consumer enters into

with a linked credit provider of a person (the supplier) for the

provision of credit in relation to:

(a) the supply by way of sale, lease, hire or hire-purchase of

goods to the consumer by the linked credit provider where

the supplier supplies the goods, or causes the goods to be

supplied, to the linked credit provider; or

(b) the supply by the supplier of goods or services, or goods and

services, to the consumer.

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279 Action by consumer to recover amount of loss or damage

(1) If a linked credit provider, and a supplier of the goods or services,

are liable under section 278 to a consumer for an amount of loss or

damage, the consumer may recover the amount by action in a court

of competent jurisdiction.

(2) The consumer must bring the action against the linked credit

provider and the supplier jointly.

(3) Subsection (2) does not apply if:

(a) the supplier has been dissolved or the winding up of the

supplier has commenced; or

(b) both of the following apply:

(i) in the opinion of the court in which the action is taken,

it is not reasonably likely that a judgment obtained

against the supplier would be satisfied;

(ii) that court has, on the application of the consumer,

declared that that subsection does not apply in relation

to the proceedings.

280 Cases where a linked credit provider is not liable

(1) In joint liability proceedings, a linked credit provider is not liable

to a consumer under section 278 if the linked credit provider

establishes that:

(a) the credit provided by the credit provider to the consumer

was the result of an approach made to the credit provider by

the consumer; and

(b) the approach was not induced by the supplier of the goods or

services to which the linked credit contract relates.

(2) In joint liability proceedings, a linked credit provider is not liable

to a consumer under section 278 if the proceedings relate to the

supply by way of lease, hire or hire-purchase of goods to the

consumer by the linked credit provider, and the credit provider

establishes that:

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(a) after due inquiry before becoming a linked credit provider of

the supplier of the goods, the credit provider was satisfied

that the reputation of the supplier in respect of the supplier’s

financial standing and business conduct was good; and

(b) after becoming a linked credit provider of the supplier, the

credit provider had not had cause to suspect that:

(i) the consumer might be entitled to recover an amount of

loss or damage suffered as a result of a

misrepresentation, breach, failure of consideration,

failure to comply with a guarantee, or breach of a

warranty, referred to in section 278(1); and

(ii) the supplier might be unable to meet the supplier’s

liabilities as and when they fall due.

(3) In joint liability proceedings, a linked credit provider is not liable

to a consumer under section 278 if the proceedings relate to a

contract of sale in relation to which a tied loan contract applies and

the linked credit provider establishes that:

(a) after due inquiry before becoming a linked credit provider of

the supplier of goods to which the contract relates, the credit

provider was satisfied that the reputation of the supplier in

respect of the supplier’s financial standing and business

conduct was good; and

(b) after becoming a linked credit provider of the supplier, but

before the tied loan contract was entered into, the linked

credit provider had not had cause to suspect that:

(i) the consumer might, if the tied loan contract was

entered into, be entitled to recover an amount of loss or

damage suffered as a result of a misrepresentation,

breach, failure of consideration, failure to comply with a

guarantee, or breach of a warranty, referred to in

section 278(1); and

(ii) the supplier might be unable to meet the supplier’s

liabilities as and when they fall due.

(4) In joint liability proceedings, a linked credit provider is not liable

to a consumer under section 278 if:

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344 Competition and Consumer Act 2010

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(a) the proceedings relate to a contract of sale in relation to

which a tied continuing credit contract entered into by the

linked credit provider applies; and

(b) the credit provider establishes the matter referred to in

subsection (5), having regard to:

(i) the nature and volume of business carried on by the

credit provider; and

(ii) such other matters as appear to be relevant in the

circumstances of the case.

(5) The matter for the purposes of subsection (4) is that the linked

credit provider, before first becoming aware of:

(a) the contract of sale referred to in paragraph (a) of that

subsection; or

(b) proposals for the making of such a contract;

had not had cause to suspect that a person entering into such a

contract with the supplier might be entitled to claim damages

against, or recover a sum of money from, the supplier for a

misrepresentation, breach, failure of consideration, failure to

comply with a guarantee, or a breach of a warranty, referred to in

section 278(1).

(6) This section has effect despite section 278(1).

281 Amount of liability of linked credit providers

The liability of a linked credit provider to a consumer under

section 278(1) in relation to a contract referred to in section 278(1)

is limited to an amount that does not exceed the sum of:

(a) the amount financed under the tied loan contract, tied

continuing credit contract, lease contract, contract of hire or

contract of hire-purchase; and

(b) the amount of interest (if any), or damages in the nature of

interest, allowed or awarded against the credit provider by

the court in which the action in relation to the liability is

taken; and

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Enforcement and remedies Chapter 5

Liability of suppliers and credit providers Part 5-5

Section 282

Competition and Consumer Act 2010 345

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

(c) the amount of costs (if any) awarded by that court against the

credit provider or supplier, or both.

282 Counter-claims and offsets

(1) If proceedings in relation to a linked credit contract are brought

against a consumer who is party to the contract by the linked credit

provider who is a party to the contract, the consumer is not entitled

to:

(a) make a counter-claim in relation to the credit provider’s

liability under section 278(1); or

(b) exercise a right conferred by subsection (3) of this section in

relation to that liability;

unless the consumer claims in the proceedings against the supplier

in respect of the liability, by third-party proceedings or otherwise.

(2) Subsection (1) does not apply if:

(a) the supplier has been dissolved or the winding up of the

supplier has commenced; or

(b) both of the following apply:

(i) in the opinion of the court in which the proceedings are

taken, it is not reasonably likely that a judgment

obtained against the supplier would be satisfied;

(ii) that court has, on the application of the consumer,

declared that that subsection does not apply in relation

to the proceedings.

(3) In any proceedings in relation to a linked credit contract in which

the linked credit provider who is a party to the contract claims

damages or an amount of money from a consumer, the consumer

may offset, in whole or in part, the consumer’s liability against any

liability of the credit provider under section 278(1).

283 Enforcement of judgments etc.

(1) If, in joint liability proceedings, judgment is given against a

supplier and a linked credit provider, the judgment must not be

enforced against the credit provider unless a written demand made

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Schedule 2 The Australian Consumer Law

Chapter 5 Enforcement and remedies

Part 5-5 Liability of suppliers and credit providers

Section 283

346 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

on the supplier for satisfaction of the judgment has remained

unsatisfied for at least 30 days.

(2) If the judgment can be enforced against the linked credit provider,

it may only be enforced to the extent of the lesser of the following

amounts:

(a) the amount calculated in accordance with section 281;

(b) so much of the judgment debt as has not been satisfied by the

supplier.

(3) If, in joint liability proceedings, a right conferred by section 282(3)

is established by a consumer against a linked credit provider, the

consumer must not receive the benefit of the right unless:

(a) judgment has been given against the supplier and credit

provider; and

(b) a written demand has been made on the supplier for

satisfaction of the judgment; and

(c) the demand has remained unsatisfied for at least 30 days.

(4) If the consumer can receive the benefit of a right conferred by

section 282(3), the consumer may only receive the benefit to the

extent of the lesser of the following amounts:

(a) the amount calculated in accordance with section 281;

(b) so much of the judgment debt as has not been satisfied by the

supplier.

(5) Subsections (1) and (3) do not apply if:

(a) the supplier has been dissolved or the winding up of the

supplier has commenced; or

(b) both of the following apply:

(i) in the opinion of the court in which the proceedings are

taken, it is not reasonably likely that a judgment

obtained against the supplier would be satisfied;

(ii) that court has, on the application of the consumer,

declared that those subsections do not apply in relation

to the proceedings.

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The Australian Consumer Law Schedule 2

Enforcement and remedies Chapter 5

Liability of suppliers and credit providers Part 5-5

Section 284

Competition and Consumer Act 2010 347

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

(6) If a judgment given in joint liability proceedings is enforced

against a linked credit provider of a supplier, the credit provider is

subrogated to the extent of the enforced judgment to any rights that

the consumer would have had but for the judgment against the

supplier or any other person.

284 Award of interest to consumers

(1) If, in joint liability proceedings, judgment is given against the

following (the defendant) for an amount of loss or damage:

(a) a supplier and a linked credit provider;

(b) a linked credit provider;

the court must, on the application of the consumer who suffered the

loss or damage, award interest to the consumer against the

defendant upon the whole or a part of the amount, unless good

cause is shown to the contrary.

(2) The interest must be awarded from the time when the consumer

became entitled to recover the amount until the date on which the

judgment is given, at the greater of the following rates:

(a) if the amount payable by the consumer to the linked credit

provider for obtaining credit in connection with the goods or

services to which the proceedings relate may be calculated at

a percentage rate per annum—that rate or, if more than one

such rate may be calculated, the lower or lowest of those

rates;

(b) 8%, or such other rate as is prescribed by the regulations.

(3) In determining whether good cause is shown against the awarding

of interest under subsection (1), the court must take into account

any payment made into court by the supplier or the linked credit

provider.

(4) This section applies despite any other law.

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Schedule 2 The Australian Consumer Law

Chapter 5 Enforcement and remedies

Part 5-5 Liability of suppliers and credit providers

Section 285

348 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

285 Liability of suppliers to linked credit providers, and of linked

credit providers to suppliers

(1) If a linked credit provider and supplier are liable, under

section 278, to a consumer who is a party to a linked credit

contract:

(a) if the liability relates to a supply of goods or services to

which the linked credit contract relates—the supplier is liable

to the credit provider for the amount of loss suffered by the

credit provider, unless the supplier and credit provider

otherwise agree; or

(b) if the liability relates to the linked credit contract—the credit

provider is liable to the supplier for the amount of loss

suffered by the supplier, unless the supplier and credit

provider otherwise agree.

(2) The amount for which the supplier is liable under subsection (1)(a)

of this section is an amount not exceeding the sum of the following

amounts:

(a) the maximum amount of the linked credit provider’s liability

under section 281;

(b) unless the court otherwise determines, the amount of costs (if

any) reasonably incurred by the linked credit provider in

defending the joint liability proceedings.

286 Joint liability proceedings and recovery under section 135 of the

National Credit Code

(1) If:

(a) a consumer is seeking, in joint liability proceedings, to

recover an amount under section 279 in relation to a contract

for the supply of goods or services; and

(b) the contract has been rescinded or discharged (whether under

this Schedule or any other law); and

(c) as a result of the contract being rescinded or discharged, the

consumer is entitled under section 135 of the National Credit

Code to terminate a linked credit contract; and

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Enforcement and remedies Chapter 5

Liability of suppliers and credit providers Part 5-5

Section 286

Competition and Consumer Act 2010 349

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

(d) the consumer terminates the linked credit contract under that

section;

the following amounts may be recovered in the joint liability

proceedings (to the extent that they have not been recovered under

section 135 of the National Credit Code):

(e) any amount that the consumer is entitled under section 135 of

the National Credit Code to recover from the credit provider

under the linked credit contract;

(f) any amount that the credit provider is entitled under

section 135 of the National Credit Code to recover from:

(i) the consumer; or

(ii) if the supplier under the contract for the supply of goods

or services is a party to the joint liability proceedings—

the supplier.

(2) An amount that is recovered under subsection (1) ceases to be

recoverable under section 135 of the National Credit Code.

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Schedule 2 The Australian Consumer Law

Chapter 5 Enforcement and remedies

Part 5-5 Liability of suppliers and credit providers

Section 287

350 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Division 2—Non-linked credit contracts

287 Liability of suppliers and credit providers relating to non-linked

credit contracts

(1) If a consumer who is a party to a non-linked credit contract suffers

loss or damage as a result of a failure to comply with a guarantee

that applies, under section 54, 55, 56, 57, 60, 61 or 62, in relation

to a supply to which the contract relates, the credit provider who is

a party to the contract is not under any liability to the consumer for

the amount of the loss or damage.

(2) Subsection (1) does not prevent the consumer from recovering that

amount by action against the supplier of the goods or services to

which the contract relates.

(3) If a consumer who is a party to a non-linked credit contract suffers

loss or damage as a result of a breach of a warranty that is implied

in the contract by section 12ED of the Australian Securities and

Investments Commission Act 2001, the supplier of the goods or

services to which the contract relates is not under any liability to

the consumer for the amount of the loss or damage.

(4) Subsection (3) does not prevent the consumer from recovering that

amount by action against the credit provider who is a party to the

contract.

(5) A non-linked credit contract is a contract that a consumer enters

into with a credit provider for the provision of credit in relation to:

(a) the supply by way of sale, lease, hire or hire-purchase of

goods to the consumer where:

(i) a person (the supplier) supplies the goods, or the causes

the goods to be supplied, to the credit provider; and

(ii) the credit provider is not a linked credit provider of the

supplier; and

(iii) prior negotiations or arrangements in relation to the

acquisition of the goods were conducted or made with

the consumer by or on behalf of the supplier; and

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Enforcement and remedies Chapter 5

Liability of suppliers and credit providers Part 5-5

Section 287

Competition and Consumer Act 2010 351

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

(iv) the credit provider did not take physical possession of

the goods before they were delivered to the consumer;

or

(b) the supply of services to the consumer by a person in relation

to whom the credit provider is not a linked credit provider.

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Schedule 2 The Australian Consumer Law

Chapter 6 Application and transitional provisions

Part 1 Application and transitional provisions relating to the Consumer Credit

Legislation Amendment (Enhancements) Act 2012

Section 288

352 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Chapter 6—Application and transitional provisions

Part 1—Application and transitional provisions relating to

the Consumer Credit Legislation Amendment

(Enhancements) Act 2012

288 Application of amendments relating to lay-by agreements

The amendments made by items 1 to 8 and 10 to 15 of Schedule 7

to the Consumer Credit Legislation Amendment (Enhancements)

Act 2012 apply to lay-by agreements entered into on or after the

commencement of those items.

289 Application of amendment relating to repairs

The amendment made by item 9 of Schedule 7 to the Consumer

Credit Legislation Amendment (Enhancements) Act 2012 applies to

notices to be given in relation to the repair of goods accepted on or

after the commencement of that item.

290 Saving of regulations relating to repairs

Despite the amendment made to subsection 103(1) of Schedule 2 to

the Competition and Consumer Act 2010 by item 9 of Schedule 7

to the Consumer Credit Legislation Amendment (Enhancements)

Act 2012, regulations that:

(a) were made for the purposes of that subsection; and

(b) were in force immediately before the commencement of that

item;

continue in force (and may be dealt with) as if they were made for

the purposes of that subsection as amended by that item.

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The Australian Consumer Law Schedule 2

Application and transitional provisions Chapter 6

Application provision relating to the Treasury Legislation Amendment (Small Business

and Unfair Contract Terms) Act 2015 Part 1A

Section 290A

Competition and Consumer Act 2010 353

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Part 1A—Application provision relating to the Treasury

Legislation Amendment (Small Business and

Unfair Contract Terms) Act 2015

290A Application

(1) The amendments made by Schedule 1 to the Treasury Legislation

Amendment (Small Business and Unfair Contract Terms) Act 2015

apply in relation to a contract entered into on or after the

commencement of that Schedule.

(2) The amendments do not apply to a contract entered into before the

commencement of that Schedule. However:

(a) if the contract is renewed on or after that commencement—

the amendments apply to the contract as renewed, on and

from the day (the renewal day) on which the renewal takes

effect, in relation to conduct that occurs on or after the

renewal day; or

(b) if a term of the contract is varied on or after that

commencement and paragraph (a) has not already applied in

relation to the contract—the amendments apply to the term as

varied, on and from the day (the variation day) on which the

variation takes effect, in relation to conduct that occurs on

and after the variation day.

(3) If paragraph (2)(b) of this section applies to a term of a contract,

subsection 23(2) and section 27 apply to the contract.

(4) Despite paragraphs (2)(a) and (b) and subsection (3) of this section,

the amendments do not apply to a contract, or a term of a contract,

to the extent that the operation of the amendments would result in

an acquisition of property (within the meaning of

paragraph 51(xxxi) of the Constitution) from a person otherwise

than on just terms (within the meaning of that paragraph of the

Constitution).

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Schedule 2 The Australian Consumer Law

Chapter 6 Application and transitional provisions

Part 2 Application and transitional provisions relating to the Competition and

Consumer Amendment (Competition Policy Review) Act 2017

Section 291

354 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Part 2—Application and transitional provisions relating to

the Competition and Consumer Amendment

(Competition Policy Review) Act 2017

291 Application of amendments relating to confidentiality of notices

The amendment made by Part 4 of Schedule 14 to the Competition

and Consumer Amendment (Competition Policy Review) Act 2017

applies in relation to disclosures made on or after the

commencement of that Part that relate to notices given on or after

the commencement of that Part.

292 Application of amendments relating to prohibition on supplies

The amendments made by Part 6 of Schedule 14 to the

Competition and Consumer Amendment (Competition Policy

Review) Act 2017 apply in relation to unsolicited consumer

agreements made on or after the commencement of that Part.

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The Australian Consumer Law Schedule 2

Application and transitional provisions Chapter 6

Application provision relating to the Treasury Laws Amendment (2018 Measures No.

3) Act 2018 Part 3

Section 295

Competition and Consumer Act 2010 355

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Part 3—Application provision relating to the Treasury

Laws Amendment (2018 Measures No. 3) Act

2018

295 Application of amendments

The amendments made by Schedule 1 to the Treasury Laws

Amendment (2018 Measures No. 3) Act 2018 apply in relation to

acts or omissions that occur on or after the commencement of that

Schedule.

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Schedule 2 The Australian Consumer Law

Chapter 6 Application and transitional provisions

Part 4 Application provisions relating to the Treasury Laws Amendment (Australian

Consumer Law Review) Act 2018

Section 296

356 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Part 4—Application provisions relating to the Treasury

Laws Amendment (Australian Consumer Law

Review) Act 2018

296 Application—listed public companies

The amendments made by items 4 and 5 of Schedule 2 to the

Treasury Laws Amendment (Australian Consumer Law Review)

Act 2018 apply in relation to acts or omissions on or after the day

that Schedule commences.

297 Application—unsolicited supplies

The amendments made by Schedule 3 to the Treasury Laws

Amendment (Australian Consumer Law Review) Act 2018 apply in

relation to acts or omissions on or after the day that Schedule

commences.

298 Application—unsolicited consumer agreements

The amendment made by Schedule 4 to the Treasury Laws

Amendment (Australian Consumer Law Review) Act 2018 applies

in relation to acts or omissions that relate to agreements entered

into on or after the day that Schedule commences.

299 Application—single price

The amendments made by Schedule 5 to the Treasury Laws

Amendment (Australian Consumer Law Review) Act 2018 apply in

relation to acts or omissions on or after the day that is 12 months

after the day that Schedule commences.

300 Application—non-punitive orders

The amendments made by Schedule 8 to the Treasury Laws

Amendment (Australian Consumer Law Review) Act 2018 apply in

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The Australian Consumer Law Schedule 2

Application and transitional provisions Chapter 6

Application provisions relating to the Treasury Laws Amendment (Australian

Consumer Law Review) Act 2018 Part 4

Section 301

Competition and Consumer Act 2010 357

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

relation to orders relating to acts or omissions on or after the day

that Schedule commences.

301 Application—guarantees relating to the supply of services

The amendments made by Schedule 9 to the Treasury Laws

Amendment (Australian Consumer Law Review) Act 2018 apply in

relation to services supplied under a contract entered into on or

after the day that Schedule commences.

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Schedule 2 The Australian Consumer Law

Chapter 6 Application and transitional provisions

Part 5 Application and transitional provisions relating to the Treasury Laws

Amendment (Gift Cards) Act 2018

Section 302

358 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Part 5—Application and transitional provisions relating to

the Treasury Laws Amendment (Gift Cards) Act

2018

302 Application of amendments relating to gift cards

The amendments made by Schedule 1 to the Treasury Laws

Amendment (Gift Cards) Act 2018 apply to gift cards supplied on

or after 1 November 2019.

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Endnotes

Endnote 1—About the endnotes

Competition and Consumer Act 2010 359

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended (or will amend) the compiled law. The information includes

commencement details for amending laws and details of any application, saving

or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision (generally section or equivalent) level. It also includes information

about any provision of the compiled law that has been repealed in accordance

with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make

editorial and presentational changes to a compiled law in preparing a

compilation of the law for registration. The changes must not change the effect

of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief

outline of the changes in general terms. Full details of any changes can be

obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe

the amendment to be made. If, despite the misdescription, the amendment can

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Endnotes

Endnote 1—About the endnotes

360 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

be given effect as intended, the amendment is incorporated into the compiled

law and the abbreviation “(md)” added to the details of the amendment included

in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the

abbreviation “(md not incorp)” is added to the details of the amendment

included in the amendment history.

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Endnotes

Endnote 2—Abbreviation key

Competition and Consumer Act 2010 361

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x /sub-subparagraph(s)

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

No. = Number(s) commenced or to be commenced

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Endnotes

Endnote 3—Legislation history

362 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Endnote 3—Legislation history

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Trade Practices Act 1974 51, 1974 24 Aug

1974

s 1 and 2: 24 Aug 1974

(s 2(1))

s 55: 27 Sept 1975 (s 2(2)

and gaz 1975, No. S178)

Remainder: 1 Oct 1974

(s 2(3) and gaz 1974,

No. 75B)

Postal and

Telecommunications

Commissions

(Transitional Provisions)

Act 1975

56, 1975 12 June

1975

Sch 2 and 3: 1 July 1975

(s 2(1) and gaz 1975, No

S122)

Trade Practices Act 1975 63, 1975 19 June

1975

19 June 1975 (s 2) —

Trade Practices

Amendment Act 1976

88, 1976 31 Aug

1976

s 3(a), 8 and 17: 1 Oct

1974 (s 2)

Remainder: 31 Aug 1976

(s 2)

s 2 and 6(2)

Federal Court of

Australia (Consequential

Provisions) Act 1976

157, 1976 9 Dec 1976 Sch: 1 Feb 1977 (s 2 and

gaz 1977, No S3)

Trade Practices

Amendment Act 1977

81, 1977 16 June

1977

s 3–80 and 82: 1 July

1977 (s 2)

s 8(2)–(6), 22(2),

40(2), 41(2),

42(2), 47(2),

52(2), 54(2)–(7),

58(2), 62(2),

63(2) and 82

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Endnote 3—Legislation history

Competition and Consumer Act 2010 363

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Remuneration and

Allowances Amendment

Act 1977

111, 1977 28 Oct

1977

s 18 and 19(2): 28 Oct

1977 (s 2(1))

s 19(1): 1 June 1977

(s 2(2))

s 19(2)

Trade Practices

Amendment Act (No. 2)

1977

151, 1977 10 Nov

1977

10 Nov 1977 (s 2) s 6

Trade Practices

Amendment Act 1978

206, 1978 6 Dec 1978 6 Dec 1978 (s 2) s 8(2) and 20

Trade Practices

Amendment Act (No. 2)

1978

207, 1978 6 Dec 1978 6 Dec 1978 (s 2) —

Trade Practices

(Boycotts) Amendment

Act 1980

73, 1980 29 May

1980

29 May 1980 (s 2) —

Statute Law Revision

Act 1981

61, 1981 12 June

1981

Sch 1: 12 June 1981

(s 2(1))

Statute Law

(Miscellaneous

Amendments) Act 1981

176, 1981 2 Dec 1981 s 68: 30 Dec 1981

(s 2(12))

Statute Law

(Miscellaneous

Amendments) Act

(No. 2) 1982

80, 1982 22 Sept

1982

s 279: 20 Oct 1982

(s 2(16))

s 280(2) and (3): 22 Sept

1982 (s 2(1))

s 280(2) and (3)

Statute Law

(Miscellaneous

Provisions) Act (No. 1)

1983

39, 1983 20 June

1983

s 7(1), (3), (4) and Sch 1:

18 July 1983 (s 2(1))

s 7(1), (3) and (4)

Public Service Reform

Act 1984

63, 1984 25 June

1984

s 151(9) and Sch 4: 1 July

1984 (s 2(4) and gaz

1984, No S245)

s 151(9)

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Endnotes

Endnote 3—Legislation history

364 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Remuneration and

Allowances Amendment

Act 1984

73, 1984 25 June

1984

s 22: 25 June 1984 (s 2) —

Statute Law

(Miscellaneous

Provisions) Act (No. 2)

1984

165, 1984 25 Oct

1984

s 2(32): 22 Nov 1984

(s 2(1))

Sch 1: 25 Oct 1984

(s 2(28))

s 2(32)

as amended by

Trade Practices

Revision Act 1986

17, 1986 13 May

1986

s 75 and 76: 25 Oct 1984

(s 2(2))

Statute Law

(Miscellaneous

Provisions) Act (No. 1)

1985

65, 1985 5 June 1985 Sch 1: 3 July 1985

(s 2(1))

Trade Practices (Transfer

of Market Dominance)

Amendment Act 1986

8, 1986 1 May 1986 1 June 1986 (s 2 and gaz

1986, No S251)

Trade Practices Revision

Act 1986

17, 1986 13 May

1986

s 4–30, 32–34, 36–48,

49(2), 50, 51(2), 52–63,

64(2), 65–73: 1 June 1986

(s 2(4) and gaz 1986, No

S251)

s 31 and 35: 1 July 1986

(s 2(3))

s 49(1), 51(1) and 64(1):

13 May 1986 (s 2(1))

s 27(2), 31(2),

33(2), 34(2),

47(2), 50(2),

59(3) and 65(2)

Statute Law

(Miscellaneous

Provisions) Act (No. 2)

1986

168, 1986 18 Dec

1986

s 5(1) and Sch 1: 18 Dec

1986 (s 2(1))

s 5(1)

Jurisdiction of Courts

(Miscellaneous

Amendments) Act 1987

23, 1987 26 May

1987

s 4: 26 May 1987 (s 2(1))

Sch: 1 Sept 1987 (s 2(2)

and gaz 1987, No S217)

s 4

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Endnotes

Endnote 3—Legislation history

Competition and Consumer Act 2010 365

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Statute Law

(Miscellaneous

Provisions) Act 1987

141, 1987 18 Dec

1987

s 5(1): 18 Dec 1987

(s 2(1))

Sch 1: 1 Apr 1989

(s 2(32) and gaz 1989, No

S88)

s 5(1)

Family Court of

Australia (Additional

Jurisdiction and Exercise

of Powers) Act 1988

8, 1988 5 Apr 1988 s 41 and 42: 1 July 1988

(s 2(3) and gaz 1988, No

S191)

as amended by

Law and Justice

Legislation

Amendment Act 1988

120, 1988 14 Dec

1988

s 35: 5 Apr 1988 (s 2(6)) —

Trade Practices

Amendment Act 1988

20, 1988 11 May

1988

s 4: 1 July 1988 (s 2(2))

Remainder: 11 May 1988

(s 2(1))

Industrial Relations

(Consequential

Provisions) Act 1988

87, 1988 8 Nov 1988 Sch 2: 1 Mar 1989

(s 2(2))

as amended by

Industrial Relations

Legislation

Amendment Act

(No. 2) 1990

108, 1990 18 Dec

1990

s 24(d): 1 Mar 1989

(s 2(2))

Circuit Layouts Act

1989

28, 1989 22 May

1989

Sch: 1 Oct 1990 (s 2(2)

and gaz 1990, No S261)

Trade Practices

(International Liner

Cargo Shipping)

Amendment Act 1989

34, 1989 30 May

1989

1 Aug 1989 (s 2(1) and

gaz 1989, No S260)

s 6

Law and Justice

Legislation Amendment

Act 1989

11, 1990 17 Jan 1990 s 58 and 59: 14 Feb 1990

(s 2(1))

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Endnotes

Endnote 3—Legislation history

366 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Trade Practices (Misuse

of Trans-Tasman Market

Power) Act 1990

70, 1990 16 June

1990

s 4–15: 1 July 1990

(s 2(1) and gaz 1990, No

S172)

Trade Practices

Amendment Act 1991

49, 1991 24 Apr

1991

21 Dec 1990 (s 2) —

Industrial Relations

Legislation Amendment

Act 1991

122, 1991 27 June

1991

Sch: 10 Dec 1991 (s 2(3)

and gaz 1991, No S332)

s 31(2)

Law and Justice

Legislation Amendment

Act 1991

136, 1991 12 Sept

1991

s 23–25: 10 Oct 1991

(s 2(1))

s 25

Transport and

Communications

Legislation Amendment

Act 1991

173, 1991 25 Nov

1991

s 49–56: 25 Nov 1991

(s 2(1))

Special Broadcasting

Service Act 1991

180, 1991 25 Nov

1991

Sch: 23 Dec 1991 (s 2(1)) —

Law and Justice

Legislation Amendment

Act 1992

22, 1992 13 Apr

1992

Sch: 13 Apr 1992 (s 2(1)) —

Territories Law Reform

Act 1992

104, 1992 30 June

1992

Sch 4: 1 July 1992

(s 2(3))

Broadcasting Services

(Transitional Provisions

and Consequential

Amendments) Act 1992

105, 1992 9 July 1992 Sch 2: 5 Oct 1992 (s 2) —

Trade Practices

Amendment Act 1992

106, 1992 9 July 1992 9 July 1992 (s 2) s 3

Trade Practices

Legislation Amendment

Act 1992

222, 1992 24 Dec

1992

s 2–18, 21 and Sch 1:

21 Jan 1993 (Date of

commencement)

s 10(2), 16(2),

18(2) and 21

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Endnotes

Endnote 3—Legislation history

Competition and Consumer Act 2010 367

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Industrial Relations

Reform Act 1993

98, 1993 22 Dec

1993

s 43–47, 54 and Sch 3:

30 Mar 1994 (s 2(6) and

gaz 1994, No S104)

s 54

Insurance Laws

Amendment Act (No. 2)

1994

49, 1994 7 Apr 1994 Sch (item 19): 7 Apr 1994

(s 2(1))

Law and Justice

Legislation Amendment

Act (No. 2) 1994

141, 1994 28 Nov

1994

Sch 1 (items 21–26):

28 Nov 1994 (s 2(1))

Competition Policy

Reform Act 1995

88, 1995 20 July

1995

s 3–30, 32, 88–90, 92 and

Sch 1: 17 Aug 1995

(s 2(1))

s 35–76 and 78: 6 Nov

1995 (s 2(2) and gaz

1995, No S423)

s 80–87 and 91: 20 July

1996 (s 2(4), (5))

s 33, 34, 78, 88–

90 and 92

Statute Law Revision

Act 1996

43, 1996 25 Oct

1996

Sch 4 (items 1, 147):

25 Oct 1996 (s 2(1))

Workplace Relations and

Other Legislation

Amendment Act 1996

60, 1996 25 Nov

1996

Sch 17 (items 1–11, 14–

24, 29–37): 17 Jan 1997

(s 2(2) and gaz 1997, No

S18)

Sch 17 (items 29–

37)

as amended by

Workplace Relations

and Other Legislation

Amendment Act

(No. 2) 1996

77, 1996 19 Dec

1996

Sch 3 (items 1, 2):

25 Nov 1996 (s 2(4))

Trade Practices

Amendment (Industry

Access Codes) Act 1997

28, 1997 10 Apr

1997

10 Apr 1997 (s 2) —

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Endnotes

Endnote 3—Legislation history

368 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Trade Practices

Amendment

(Telecommunications)

Act 1997

58, 1997 30 Apr

1997

30 Apr 1997 (s 2) Sch 1 (item 15)

Audit (Transitional and

Miscellaneous)

Amendment Act 1997

152, 1997 24 Oct

1997

Sch 2 (item 1260): 1 Jan

1998 (s 2(2))

Telecommunications

Legislation Amendment

Act 1997

200, 1997 16 Dec

1997

Sch 2 (items 30–34):

30 Apr 1997 (s 2(4))

Trade Practices

Amendment (Fair

Trading) Act 1998

36, 1998 22 Apr

1998

Sch 2: 1 July 1998

(s 2(2)(b)(i) and gaz

1998, No S301)

Remainder: 22 Apr 1998

(s 2(1))

Financial Sector Reform

(Consequential

Amendments) Act 1998

48, 1998 29 June

1998

Sch 1 (item 194) and

Sch 2 (items 24–29):

1 July 1998 (s 2(2))

Gas Pipelines Access

(Commonwealth) Act

1998

101, 1998 30 July

1998

Sch 1 (items 11–26):

30 July 1998 (s 2(1))

Sch 1 (items 27–56):

30 July 1998 (s 2(3))

Sch 1 (items 36,

47, 50)

Trade Practices

Amendment (Country of

Origin Representations)

Act 1998

106, 1998 30 July

1998

Sch 1: 13 Aug 1998

(s 2(2) and gaz 1998, No

S398)

Remainder: 30 July 1998

(s 2(1))

Telecommunications

Legislation Amendment

Act 1999

52, 1999 5 July 1999 Sch 1 (items 6–77): 5 July

1999 (s 2(1))

Sch 3 (items 69–76, 81):

2 Aug 1999 (s 2(4))

Sch 4 (items 17–20, 28):

1 July 1999 (s 2(6))

Sch 1 (items 72–

77), Sch 3

(item 81) and Sch

4 (item 28)

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Endnotes

Endnote 3—Legislation history

Competition and Consumer Act 2010 369

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

A New Tax System

(Trade Practices

Amendment) Act 1999

61, 1999 8 July 1999 9 July 1999 (s 2) —

Public Employment

(Consequential and

Transitional)

Amendment Act 1999

146, 1999 11 Nov

1999

Sch 1 (items 944–955):

5 Dec 1999 (s 2(1), (2))

A New Tax System

(Indirect Tax and

Consequential

Amendments) Act 1999

176, 1999 22 Dec

1999

Sch 4: 22 Dec 1999

(s 2(1))

Federal Magistrates

(Consequential

Amendments) Act 1999

194, 1999 23 Dec

1999

Sch 25: 23 Dec 1999

(s 2(1))

Jurisdiction of Courts

Legislation Amendment

Act 2000

57, 2000 30 May

2000

Sch 1 (items 77–90):

30 May 2000 (s 2(1))

A New Tax System

(Trade Practices

Amendment) Act 2000

69, 2000 22 June

2000

Sch 2 (item 1): 6 Nov

1995 (s 2(2))

Sch 2 (item 2): 10 Apr

1997 (s 2(3))

Remainder: 22 June 2000

(s 2(1))

Trade Practices

Amendment

(International Liner

Cargo Shipping) Act

2000

123, 2000 5 Oct 2000 Sch 1 (items 154–170,

180): 2 Mar 2001

(s 2(2)(a))

Remainder: 2 Nov 2000

(s 2(1))

Sch 1 (items 171–

180)

Jurisdiction of Courts

(Miscellaneous

Amendments) Act 2000

161, 2000 21 Dec

2000

Sch 1 (items 4, 5): 21 Dec

2000 (s 2)

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Endnotes

Endnote 3—Legislation history

370 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Treasury Legislation

Amendment

(Application of Criminal

Code) Act (No. 1) 2001

31, 2001 28 Apr

2001

Sch 1 (items 240–290):

15 Dec 2001 (s 2(4))

as amended by

Statute Law Revision

Act 2002

63, 2002 3 July 2002 Sch 2 (item 35): 15 Dec

2001 (s 2(1) item 64)

Communications and the

Arts Legislation

Amendment Act 2001

46, 2001 5 June 2001 s 6 and Sch 1 (items 9–

18): 5 June 2001 (s 2)

s 6

Corporations (Repeals,

Consequentials and

Transitionals) Act 2001

55, 2001 28 June

2001

s 4–14 and Sch 3

(items 550–557): 15 July

2001 (s 2(3))

s 4–14

Trade Practices

Amendment Act (No. 1)

2001

63, 2001 28 June

2001

Sch 2 (items 1–3, 6–8):

15 Dec 2001 (s 2(3))

Remainder: 26 July 2001

(s 2(1), (2)(a))

Sch 1 (items 5, 8,

10, 13, 15, 17, 19,

21, 23, 25, 27, 29,

32, 34, 36, 38)

and Sch 2

(items 3, 5, 8)

as amended by

Statute Law Revision

Act 2002

63, 2002 3 July 2002 Sch 2 (item 32): 15 Dec

2001 (s 2(1) item 61)

Treasury Legislation

Amendment

(Application of Criminal

Code) Act (No. 3) 2001

117, 2001 18 Sept

2001

s 4 and Sch 3 (items 16–

56): 15 Dec 2001 (s 2(1),

(4))

s 4

Financial Services

Reform (Consequential

Provisions) Act 2001

123, 2001 27 Sept

2001

Sch 1 (items 364–364D,

365–365B): 11 Mar 2002

(s 2(1), (6), (15))

Trade Practices

Amendment

(Telecommunications)

Act 2001

124, 2001 27 Sept

2001

27 Sept 2001 (s 2) Sch 1 (items 23,

24)

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Endnotes

Endnote 3—Legislation history

Competition and Consumer Act 2010 371

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Treasury Legislation

Amendment

(Application of Criminal

Code) Act (No. 2) 2001

146, 2001 1 Oct 2001 s 4 and Sch 2: 15 Dec

2001 (s 2(1), (2))

s 4

Statute Law Revision

Act 2002

63, 2002 3 July 2002 Sch 1 (items 34, 35, 38):

1 July 1999 s 2(1)

items 27, 29)

Sch 1 (items 36, 37):

3 July 2002 (s 2(1)

item 28)

Trade Practices

Amendment Act (No. 1)

2002

128, 2002 11 Dec

2002

11 Dec 2002 (s 2) Sch 1 (items 4, 7,

9)

Telecommunications

Competition Act 2002

140, 2002 19 Dec

2002

Sch 2: 19 Dec 2002 (s 2) Sch 2 (items 9,

15, 19, 21, 69,

110, 111, 113,

115)

Trade Practices

Amendment (Liability

for Recreational

Services) Act 2002

146, 2002 19 Dec

2002

19 Dec 2002 (s 2) —

Maritime Legislation

Amendment Act 2003

7, 2003 19 Mar

2003

Sch 2: 19 Mar 2003

(s 2(1) item 4)

Industry, Tourism and

Resources Legislation

Amendment Act 2003

21, 2003 11 Apr

2003

Sch 1 (items 25–29):

12 Apr 2003 (s 2(1)

item 7)

Sch 1 (item 29)

Trade Practices

Legislation Amendment

Act 2003

134, 2003 17 Dec

2003

Sch 1 and Sch 2

(items 32–44–53, 56): 1

Mar 2004 (s 2(1) item 2

and gaz 2004, No GN8)

Sch 2 (items 44–

53, 56)

Postal Services

Legislation Amendment

Act 2004

69, 2004 22 June

2004

Sch 1 (item 25): 22 June

2004 (s 2)

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Endnotes

Endnote 3—Legislation history

372 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Corporate Law

Economic Reform

Program (Audit Reform

and Corporate

Disclosure) Act 2004

103, 2004 30 June

2004

Sch 3 (items 5, 6): 26 July

2004 (s 2(1) item 3 and

gaz 2004, No GN28)

Trade Practices

Amendment (Australian

Energy Market) Act

2004

108, 2004 30 June

2004

Sch 1: 23 May 2005

(s 2(1) item 2)

Trade Practices

Amendment (Personal

Injuries and Death) Act

(No. 2) 2004

113, 2004 13 July

2004

13 July 2004 (s 2) Sch 1 (item 11)

Treasury Legislation

Amendment

(Professional Standards)

Act 2004

118, 2004 13 July

2004

Sch 1 (items 8A, 9–11):

13 July 2004 (s 2)

Australian

Communications and

Media Authority

(Consequential and

Transitional Provisions)

Act 2005

45, 2005 1 Apr 2005 Sch 1 (items 168–171),

Sch 2 and 4: 1 July 2005

(s 2(1) items 2, 3, 10)

Sch 4

as amended by

Omnibus Repeal Day

(Autumn 2014) Act

2014

109, 2014 16 Oct

2014

Sch 2 (items 177–181):

17 Oct 2014 (s 2(1)

item 2)

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Endnotes

Endnote 3—Legislation history

Competition and Consumer Act 2010 373

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Telecommunications

Legislation Amendment

(Competition and

Consumer Issues) Act

2005

119, 2005 23 Sept

2005

Sch 4–6, Sch 7 (items 1–

3, 5–12, 14–19, 21–28),

Sch 9 and 12: 24 Sept

2005 (s 2(1) items 4, 5, 7,

9, 11, 12, 14)

Sch 7 (items 4, 13, 20):

23 Mar 2006 (s 2(1)

items 6, 8, 10)

Sch 11 (items 8, 9): 1 Jan

2006 (s 2(1) item 13)

Sch 4 (item 2)

Trade Practices

Amendment (Personal

Injuries and Death) Act

2006

11, 2006 23 Mar

2006

Sch 1: 20 Apr 2006

(s 2(1) item 2)

Sch 1 (item 8)

Offshore Petroleum

(Repeals and

Consequential

Amendments) Act 2006

17, 2006 29 Mar

2006

Sch 2 (items 113–116):

1 July 2008 (s 2(1)

item 2)

Jurisdiction of the

Federal Magistrates

Court Legislation

Amendment Act 2006

23, 2006 6 Apr 2006 Sch 1: 4 May 2006 (s 2(1)

item 2)

Sch 1 (items 2, 5)

Energy Legislation

Amendment Act 2006

60, 2006 22 June

2006

Sch 1 (items 2–13) and

Sch 2 (item 14): 22 June

2006 (s 2(1) items 2, 6)

Sch 2 (items 12, 13, 15,

16): 23 May 2005 (s 2(1)

items 5, 7)

Trade Practices

Amendment (National

Access Regime) Act

2006

92, 2006 18 Aug

2006

Sch 1: 1 Oct 2006 (s 2(1)

item 2)

Sch 1 (items 114–

136)

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Endnotes

Endnote 3—Legislation history

374 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Tax Laws Amendment

(Repeal of Inoperative

Provisions) Act 2006

101, 2006 14 Sept

2006

Sch 5 (items 164, 165):

14 Sept 2006 (s 2(1)

item 4)

Maritime Transport and

Offshore Facilities

Security Amendment

(Security Plans and

Other Measures) Act

2006

109, 2006 27 Sept

2006

Sch 2 (items 97–103):

27 Sept 2006 (s 2(1)

item 5)

Trade Practices

Legislation Amendment

Act (No. 1) 2006

131, 2006 6 Nov 2006 Sch 1–8 and Sch 9

(items 1–15, 20–24):

1 Jan 2007 (s 2(1)

items 2, 3)

Sch 10: 7 Nov 2006

(s 2(1) item 54)

Sch 11: 6 Nov 2006

(s 2(1) item 5)

Sch 1 (items 52,

53), Sch 2

(items 13, 14),

Sch 3 (items 28,

29), Sch4

(item 2), Sch 5

(item 4), Sch 6

(item 20), Sch 7

(items 18, 33, 35),

Sch 8 (items 28,

29) and Sch 9

(items 15, 21, 24)

Australian Energy

Market Amendment

(Gas Legislation) Act

2007

45, 2007 10 Apr

2007

Sch 1 (items 58–81):

1 July 2008 (s 2(1)

item 2)

Broadcasting Legislation

Amendment (Digital

Radio) Act 2007

68, 2007 28 May

2007

Sch 1 (items 178–182):

29 May 2007 (s 2(1)

item 2)

Sch 2 (item 3): 19 July

2007 (s 2(1) item 3)

Corporations (NZ Closer

Economic Relations) and

Other Legislation

Amendment Act 2007

85, 2007 21 June

2007

Sch 3 (items 3–9): 19 July

2007 (s 2(1) item 7)

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Endnotes

Endnote 3—Legislation history

Competition and Consumer Act 2010 375

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Water (Consequential

Amendments) Act 2007

138, 2007 3 Sept 2007 Sch 1 (items 6–8): 3 Mar

2008 (s 2(1) item 2)

Trade Practices

Legislation Amendment

Act (No. 1) 2007

159, 2007 24 Sept

2007

Sch 1, 2 and Sch 3

(items 5–9): 25 Sept 2007

(s 2)

Sch 1 (item 4),

Sch 2 (item 12)

and Sch 3 (item 9)

Trade Practices

Amendment (Access

Declarations) Act 2008

7, 2008 20 Mar

2008

20 Mar 2008 (s 2) —

Australian Energy

Market Amendment

(Minor Amendments)

Act 2008

60, 2008 30 June

2008

Sch 4: 1 July 2008 (s 2(1)

item 4)

Trade Practices

Legislation Amendment

Act 2008

116, 2008 21 Nov

2008

Sch 1, 2 and Sch 3

(items 7–15): 22 Nov

2008 (s 2)

Sch 3 (items 13,

15)

Offshore Petroleum

Amendment

(Greenhouse Gas

Storage) Act 2008

117, 2008 21 Nov

2008

Sch 3 (item 60): 22 Nov

2008 (s 2(1) item 4)

Trade Practices

Amendment (Clarity in

Pricing) Act 2008

126, 2008 25 Nov

2008

Sch 1: 25 May 2009

(s 2(1) item 2)

Sch 2: 26 Nov 2008

(s 2(1) item 3)

Sch 1 (item 5)

Water Amendment Act

2008

139, 2008 8 Dec 2008 Sch 2 (items 3–5): 15 Dec

2008 (s 2(1) item 3)

Australian Energy

Market Amendment

(AEMO and Other

Measures) Act 2009

17, 2009 26 Mar

2009

Sch 1 (items 12, 14):

27 Mar 2009 (s 2(1)

items 4, 6)

Sch 1 (item 13): 1 July

2009 (s 2(1) item 5)

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Endnotes

Endnote 3—Legislation history

376 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Fair Work (State

Referral and

Consequential and Other

Amendments) Act 2009

54, 2009 25 June

2009

Sch 18 (items 24–31):

1 July 2009 (s 2(1)

item 41)

Trade Practices

Amendment (Cartel

Conduct and Other

Measures) Act 2009

59, 2009 26 June

2009

Sch 1 (items 3–128) and

Sch 2 (items 1–49, 52,

53): 24 July 2009 (s 2(1)

items 2, 3, 5)

Sch 2 (items 50, 51):

27 June 2009 (s 2(1)

item 4)

Sch 1 (item 118)

and Sch 2

(items 52, 53)

Statute Stocktake

(Regulatory and Other

Laws) Act 2009

111, 2009 16 Nov

2009

Sch 1 (items 26–50, 107–

109): 17 Nov 2009 (s 2)

Sch 1 (items 49,

50)

Crimes Legislation

Amendment (Serious

and Organised Crime)

Act (No. 2) 2010

4, 2010 19 Feb

2010

Sch 11 (item 23): 20 Feb

2010 (s 2(1) item 13)

Statute Law Revision

Act 2010

8, 2010 1 Mar 2010 Sch 5 (items 125, 126,

137): 1 Mar 2010 (s 2(1)

items 37, 38)

Trade Practices

Amendment (Australian

Consumer Law) Act

(No. 1) 2010

44, 2010 14 Apr

2010

Sch 1, Sch 2 (items 27,

29, 31, 32, 41–43, 46–50,

56–70, 72–74) and Sch 4

(items 4, 5): 1 July 2010

(s 2(1) items 2, 4, 6, 7,

14)

Sch 2 (items 1–26) and

Sch 4 (item 3): 15 Apr

2010 (s 2(1) items 3, 13)

Sch 2 (item 40): never

commenced (s 2(1)

item 5)

Sch 1 (item 2)

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Endnotes

Endnote 3—Legislation history

Competition and Consumer Act 2010 377

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Trade Practices

Amendment

(Infrastructure Access)

Act 2010

102, 2010 13 July

2010

Sch 1–5: 14 July 2010

(s 2(1) items 2–5)

Sch 1 (item 72),

Sch 3 (item 11),

Sch 4 (item 5) and

Sch 5 (items 20–

25)

Trade Practices

Amendment (Australian

Consumer Law) Act

(No. 2) 2010

103, 2010 13 July

2010

Sch 1, 2, 4, 5 and 7: 1 Jan

2011 (s 2(1) items 2, 8)

Sch 4 (item 5) and

Sch 7

as amended by

Competition and

Consumer Legislation

Amendment Act 2011

184, 2011 6 Dec 2011 Sch 3: 1 Jan 2011 (s 2(1)

(item 4)

Statute Law Revision

Act 2012

136, 2012 22 Sept

2012

Sch 2 (items 39, 40):

12 Apr 2012 (s 2(1)

item 30)

Sch 2 (item 43): 1 Jan

2011 (s 2(1) item 33)

Telecommunications

Legislation Amendment

(Competition and

Consumer Safeguards)

Act 2010

140, 2010 15 Dec

2010

Sch 1 (items 32–40, 114–

195, 195A, 196–198,

202–213): 1 Jan 2011

(s 2(1) items 2, 5)

Sch 1 (items 57–59):

awaiting commencement

(s 2(1) item 3)

Sch 1 (items 66, 67):

6 Mar 2012 (s 2(1)

item 4)

Sch 1 (items 40,

198, 202–210,

213)

Financial Framework

Legislation Amendment

Act 2010

148, 2010 17 Dec

2010

Sch 6: 18 Dec 2010

(s 2(1) item 6)

Sch 6 (items 2, 3)

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Endnotes

Endnote 3—Legislation history

378 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Statute Law Revision

Act 2011

5, 2011 22 Mar

2011

Sch 7 (items 38, 39):

19 Apr 2011 (s 2(1)

item 18)

Telecommunications

Legislation Amendment

(National Broadband

Network Measures—

Access Arrangements)

Act 2011

23, 2011 12 Apr

2011

Sch 1 (items 25–83):

13 Apr 2011 (s 2(1)

item 2)

Sch 1 (items 89–114):

12 Apr 2012 (s 2(1)

item 4)

Sch 1 (item 83)

as amended by

Statute Law Revision

Act 2012

136, 2012 22 Sept

2012

Sch 2 (items 39, 40):

12 Apr 2012 (s 2(1)

item 30)

Acts Interpretation

Amendment Act 2011

46, 2011 27 June

2011

Sch 2 (items 409–441)

and Sch 3 (items 10, 11):

27 Dec 2011 (s 2(1)

items 3, 12)

Sch 3 (items 10,

11)

Carbon Credits

(Consequential

Amendments) Act 2011

102, 2011 15 Sept

2011

Sch 1 (item 8): 8 Dec

2011 (s 2(1) item 2)

Australian Energy

Market Amendment

(National Energy Retail

Law) Act 2011

119, 2011 14 Oct

2011

Sch 2 (items 2–25): 1 July

2012 (s 2(1) items 3–5)

Sch 2 (item 13)

Clean Energy

(Consequential

Amendments) Act 2011

132, 2011 18 Nov

2011

Sch 1 (items 100–102):

2 Apr 2012 (s 2(1) item 2)

Sch 1 (items 258B–

258D): 1 July 2012

(s 2(1) item 3)

Competition and

Consumer Legislation

Amendment Act 2011

184, 2011 6 Dec 2011 Sch 1: 6 Feb 2012 (s 2(1)

item 2)

Sch 2 (items 2–4): 1 Jan

2012 (s 2(1) item 3)

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 3—Legislation history

Competition and Consumer Act 2010 379

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Competition and

Consumer Amendment

Act (No. 1) 2011

185, 2011 6 Dec 2011 Sch 1: 6 June 2012 (s 2(1)

item 2)

Telecommunications

Legislation Amendment

(Universal Service

Reform) Act 2012

44, 2012 16 Apr

2012

Sch 1 (item 4): 1 July

2012 (s 2(1) item 2)

Consumer Credit

Legislation Amendment

(Enhancements) Act

2012

130, 2012 17 Sept

2012

Sch 7: 17 Sept 2013

(s 2(1) item 5)

Statute Law Revision

Act 2012

136, 2012 22 Sept

2012

Sch 1 (items 31–36):

22 Sept 2012 (s 2(1)

item 2)

Australian Charities and

Not-for-profits

Commission

(Consequential and

Transitional) Act 2012

169, 2012 3 Dec 2012 Sch 2 (items 160–168):

3 Dec 2012 (s 2(1)

item 7)

Sch 4 (item 14): never

commenced (s 2(1)

item 14)

Sch 2 (item 168)

Federal Circuit Court of

Australia (Consequential

Amendments) Act 2013

13, 2013 14 Mar

2013

Sch 1 (items 87–92) and

Sch 2 (item 1): 12 Apr

2013 (s 2(1) items 2, 3)

Statute Law Revision

Act 2013

103, 2013 29 June

2013

Sch 1 (item 32) and Sch 3

(items 69–74, 343):

29 June 2013 (s 2(1)

items 2, 16)

Sch 3 (item 343)

Competition and

Consumer Amendment

Act 2013

104, 2013 29 June

2013

30 June 2013 (s 2) —

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 3—Legislation history

380 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Public Governance,

Performance and

Accountability

(Consequential and

Transitional Provisions)

Act 2014

62, 2014 30 June

2014

Sch 5 (items 111, 112),

Sch 6 (item 35) and Sch

14: 1 July 2014 (s 2(1)

items 5, 6, 14)

Sch 14

as amended by

Public Governance

and Resources

Legislation

Amendment Act

(No. 1) 2015

36, 2015 13 Apr

2015

Sch 2 (items 7–9) and Sch

7: 14 Apr 2015 (s 2)

Sch 7

as amended by

Acts and

Instruments

(Framework

Reform)

(Consequential

Provisions) Act

2015

126, 2015 10 Sept

2015

Sch 1 (item 486): 5 Mar

2016 (s 2(1) item 2)

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015

Sch 1 (item 495): 5 Mar

2016 (s 2(1) item 2)

Clean Energy

Legislation (Carbon Tax

Repeal) Act 2014

83, 2014 17 July

2014

Sch 2: 18 July 2014

(s 2(1) item 6)

Competition and

Consumer Amendment

(Industry Code

Penalties) Act 2014

107, 2014 24 Sept

2014

1 Jan 2015 (s 2) —

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 3—Legislation history

Competition and Consumer Act 2010 381

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Omnibus Repeal Day

(Autumn 2014) Act 2014

109, 2014 16 Oct

2014

Sch 2 (items 2–4, 112,

113, 187): 17 Oct 2014

(s 2(1) item 2)

Sch 2 (item 4)

Acts and Instruments

(Framework Reform)

Act 2015

10, 2015 5 Mar 2015 Sch 3 (items 68–75, 348,

349): 5 Mar 2016 (s 2(1)

item 2)

Sch 3 (items 348,

349)

Telecommunications

Legislation Amendment

(Deregulation) Act 2015

38, 2015 13 Apr

2015

Sch 1 (items 7–10, 138–

163): 1 July 2015 (s 2(1)

item 3)

Sch 1 (items 138–

163)

Acts and Instruments

(Framework Reform)

(Consequential

Provisions) Act 2015

126, 2015 10 Sept

2015

Sch 1 (items 128–148):

5 Mar 2016 (s 2(1)

item 2)

Treasury Legislation

Amendment (Small

Business and Unfair

Contract Terms) Act

2015

147, 2015 12 Nov

2015

Sch 1 (items 19–47):

12 Nov 2016 (s 2(1)

item 2)

Statute Law Revision

Act (No. 1) 2016

4, 2016 11 Feb

2016

Sch 4 (items 1, 66–68)

and Sch 5 (item 4):

10 Mar 2016 (s 2(1)

item 6)

Competition and

Consumer Amendment

(Payment Surcharges)

Act 2016

9, 2016 25 Feb

2016

25 Feb 2016 (s 2(1)

item 1)

Courts Administration

Legislation Amendment

Act 2016

24, 2016 18 Mar

2016

Sch 5 (item 8): 1 July

2016 (s 2(1) item 7)

Sch 6: 18 Mar 2016

(s 2(1) item 9)

Sch 6

Territories Legislation

Amendment Act 2016

33, 2016 23 Mar

2016

Sch 5 (items 25–28):

1 July 2016 (s 2(1)

item 7)

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 3—Legislation history

382 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Statute Update Act 2016 61, 2016 23 Sept

2016

Sch 1 (items 152, 153)

and Sch 3 (items 13, 14):

21 Oct 2016 (s 2(1)

item 1)

Competition and

Consumer Amendment

(Country of Origin) Act

2017

5, 2017 22 Feb

2017

23 Feb 2017 (s 2(1)

item 1)

Competition and

Consumer Amendment

(Misuse of Market

Power) Act 2017

87, 2017 23 Aug

2017

6 Nov 2017 (s 2(1)

item 1)

Petroleum and Other

Fuels Reporting

(Consequential

Amendments and

Transitional Provisions)

Act 2017

91, 2017 23 Aug

2017

Sch 1 (items 1, 3–7):

24 Aug 2017 (s 2(1)

item 1)

Sch 1 (items 3–7)

Public Governance and

Resources Legislation

Amendment Act (No. 1)

2017

92, 2017 23 Aug

2017

Sch 1 (items 2, 3), Sch 2

(items 67–82) and Sch 4:

23 Aug 2017 (s 2(1)

item 1)

Sch 4

Competition and

Consumer Amendment

(Competition Policy

Review) Act 2017

114, 2017 27 Oct

2017

Sch 1–5, 7, 8, Sch 9

(items 1–163), Sch 10,

11, Sch 12 (items 1–43)

and Sch 13: 6 Nov 2017

(s 2(1) items 2–13, 15)

Sch 12 (items 44, 45):

never commenced (s 2(1)

item 14)

Sch 14: 28 Oct 2017 (s

2(1) item 16)

Sch 2

(items 38(7),

39(7), 40), Sch 10

(item 2), Sch 11

(item 5), Sch 12

(items 19, 37) and

Sch 14 (items 2,

8, 13, 24, 26)

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 3—Legislation history

Competition and Consumer Act 2010 383

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Competition and

Consumer Amendment

(Abolition of Limited

Merits Review) Act

2017

116, 2017 30 Oct

2017

31 Oct 2017 (s 2(1)

item 1)

Sch 1 (items 5, 6)

Corporations

Amendment (Asia

Region Funds Passport)

Act 2018

61, 2018 29 June

2018

Sch 2A (items 1, 2):

18 Sept 2018 (s 2(1)

item 2)

Treasury Laws

Amendment (2018

Measures No. 3) Act

2018

93, 2018 31 Aug

2018

Sch 1–3: 1 Sept 2018

(s 2(1) items 2, 3)

Sch 3 (item 7)

Treasury Laws

Amendment (Australian

Consumer Law Review)

Act 2018

132, 2018 25 Oct

2018

Sch 1, Sch 2 (items 3–6),

Sch 3–6, Sch 7 (items 2,

3), Sch 8, 9 and Sch 12

(item 2): 26 Oct 2018 (s

2(1) item 1)

Sch 1 (item 4),

Sch 2 (item 6),

Sch 6 (item 4) and

Sch 7 (item 3)

Treasury Laws

Amendment (Gift Cards)

Act 2018

133, 2018 25 Oct

2018

26 Oct 2018 (s 2(1)

item 1)

Treasury Laws

Amendment (2018

Measures No. 4) Act

2019

8, 2019 1 Mar 2019 Sch 8 (items 21, 22):

1 Apr 2019 (s 2(1)

item 11)

Sch 8 (item 22)

Treasury Laws

Amendment (2018

Measures No. 5) Act

2019

15, 2019 12 Mar

2019

Sch 4: 12 Sept 2019

(s 2(1) item 5)

Sch 5 (items 7, 8): 13 Mar

2019 (s 2(1) item 6)

Sch 5 (item 8)

Treasury Laws

Amendment (2019

Measures No. 1) Act

2019

49, 2019 5 Apr 2019 Sch 4: (items 6–12, 65): 6

Apr 2019 (s 2(1) item 11)

Sch 4 (item 65)

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 3—Legislation history

384 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Name Registration Commencement Application,

saving and

transitional

provisions

Workplace Relations

Amendment (Work

Choices) (Consequential

Amendments)

Regulations 2006

(No. 1) (SLI No. 50,

2006)

17 Mar 2006

(F2006L00820)

Sch 15: 27 Mar 2006

(r 2(b))

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 385

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Endnote 4—Amendment history

Provision affected How affected

Title ............................................... am. No. 103, 2010

Part I

s. 1 ................................................. am. No. 103, 2010

s. 2 ................................................. rep. No. 81, 1977

ad. No. 88, 1995

s. 2A............................................... ad. No. 81, 1977

am. No. 34, 1989; No. 88, 1995; No. 134, 2003; No. 108, 2004

s. 2B............................................... ad. No. 88, 1995

am. No. 58, 1997; No. 61, 1999; No. 111, 2009; No 83, 2014

s. 2BA............................................ ad. No. 131, 2006

s. 2C............................................... ad. No. 88, 1995

am. No. 131, 2006

s. 2D............................................... ad. No. 88, 1995

rep. No. 131, 2006

s. 4 ................................................. am. Nos. 88 and 157, 1976; No. 81, 1977; No. 206, 1978; No. 17,

1986; No. 8, 1988; No. 70, 1990; Nos. 104 and 222, 1992; No. 88,

1995; No. 60, 1996; No. 48, 1998; No. 55, 2001; Nos. 108 and 113,

2004; No. 131, 2006; Nos. 45 and 159, 2007; No. 60, 2008; Nos. 17

and 59, 2009; Nos. 44, 103 and 140, 2010; Nos. 46 and 119, 2011;

No. 169, 2012; No. 13, 2013; No 9, 2016; No 114, 2017

s. 4A............................................... ad. No. 81, 1977

am. No. 88, 1995; No. 131, 2006

s. 4B............................................... ad. No. 81, 1977

am. No. 151, 1977; No. 17, 1986; No. 88, 1995

s. 4C............................................... ad. No. 81, 1977

am. No. 88, 1995

s. 4D............................................... ad. No. 81, 1977

am. No. 206, 1978; No. 17, 1986

rep No 114, 2017

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

386 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 4E............................................... ad. No. 81, 1977

am. No. 70, 1990

s. 4F ............................................... ad. No. 81, 1977

am. No. 60, 1996; No 114, 2017

ss. 4G, 4H ...................................... ad. No. 81, 1977

ss. 4J, 4K........................................ ad. No. 81, 1977

s. 4KA............................................ ad. No. 113, 2004

rs. No. 103, 2010

ss. 4KB, 4KC ................................. ad. No. 44, 2010

rep. No. 103, 2010

s. 4L............................................... ad. No. 81, 1977

am. No. 17, 1986; Nos. 44 and 103, 2010

s. 4M.............................................. ad. No. 81, 1977

s. 4N............................................... ad. No. 101, 1998

am. Nos. 17 and 92, 2006; No. 117, 2008

s. 5 ................................................. am. No. 17, 1986; No. 70, 1990; No. 222, 1992; No. 106, 1998;

No. 61, 1999; No. 31, 2001; Nos. 59 and 111, 2009; Nos. 44 and 103,

2010; No 114, 2017

s. 6 ................................................. am. No. 88, 1976; No. 81, 1977; Nos. 206 and 207, 1978; No. 73,

1980; No. 17, 1986; No. 70, 1990; Nos. 106 and 222, 1992; No. 98,

1993; No. 88, 1995; No. 60, 1996; No. 58, 1997; No. 106, 1998;

No. 61, 1999; No. 69, 2000; No. 31, 2001 (as am. by No. 63, 2002);

No. 117, 2001; No. 134, 2003; No. 131, 2006; No. 126, 2008; Nos.

59 and 111, 2009; No. 44, 2010; No. 103, 2010 (as am. by No. 184,

2011); No. 185, 2011; No. 103, 2013; No 83, 2014; No 9, 2016; No

114, 2017

s. 6AA............................................ ad. No. 146, 2001

am. No. 59, 2009; No. 103, 2010

Part II

Heading to Part II........................... rs. No. 88, 1995

s. 6A............................................... ad. No. 81, 1977

am. No. 88, 1995; No. 148, 2010; No 62, 2014

s 7 .................................................. rs No 81, 1977

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 387

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am No 88, 1995; No 106, 1998; No 108, 2004

am No 92, 2017

s. 8 ................................................. am. No. 81, 1977; No. 88, 1995

s 8A................................................ ad No 81, 1977

am No 88, 1995; No 131, 2006; No 92, 2017; No 114, 2017

s 8AB............................................. ad No 108, 2004

am No 92, 2017

s. 9 ................................................. am. No. 81, 1977; No. 88, 1995

s. 10 ............................................... am. No. 81, 1977; No. 88, 1995; No. 159, 2007; No. 116, 2008

s. 11 ............................................... am. No. 88, 1976; No. 17, 1986; No. 88, 1995; No. 159, 2007;

No. 46, 2011

s. 12 ............................................... am. No. 88, 1976; No. 81, 1977

rs. No. 122, 1991

am. No. 146, 1999

s 13 ................................................ am No 88, 1976

rs No 81, 1977

am No 206, 1978; No 88, 1995; No 92, 2017

s 14 ................................................ rs No 81, 1977

am No 88, 1995; No 92, 2017

s. 15 ............................................... am. No. 81, 1977; No. 88, 1995

s. 16 ............................................... am. No. 88, 1995

s 17 ................................................ am No 88, 1976; No 81, 1977

rs No 17, 1986

am No 88, 1995

rs No 92, 2017

s 17A.............................................. ad No 92, 2017

s. 18 ............................................... am. No. 17, 1986; No. 88, 1995; No. 159, 2007

s. 19 ............................................... am. No. 88, 1995; No. 159, 2007

s. 20 ............................................... rep. No. 81, 1977

ad. No. 88, 1995

rep. No. 152, 1997

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

388 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

ss. 21–23........................................ rep. No. 81, 1977

s. 24 ............................................... am. No. 88, 1976

rep. No. 81, 1977

s. 25 ............................................... am. No. 58, 1997; No. 52, 1999; No. 134, 2003; No. 69, 2004;

No. 119, 2005; No. 131, 2006; No. 138, 2007; No. 23, 2011; No 114,

2017

s. 26 ............................................... am. No. 81, 1977

rep. No. 65, 1985

ad. No. 48, 1998

am. Nos. 31 and 55, 2001; No. 103, 2010

s. 27 ............................................... am. No. 63, 1984; No. 88, 1995; No. 146, 1999

s. 27A............................................. ad. No. 88, 1995

s. 28 ............................................... am. No. 88, 1976; No. 81, 1977; No. 88, 1995

s. 29 ............................................... am. No. 88, 1976; No. 81, 1977; No. 17, 1986; No. 88, 1995; No. 58,

1997; No. 123, 2000; No. 134, 2003; No. 103, 2010

Part IIA

Part IIA .......................................... ad. No. 88, 1995

s. 29AA.......................................... ad. No. 60, 2006

rep. No. 45, 2007

s 29A.............................................. ad No 88, 1995

am No 92, 2017

s. 29B............................................. ad. No. 88, 1995

am. No. 101, 1998; No. 60, 2006; No. 45, 2007

ss. 29BA, 29BB ............................. ad. No. 60, 2006

am. No. 45, 2007

s. 29BC .......................................... ad. No. 60, 2006

am. No. 45, 2007

ss. 29C, 29D................................... ad. No. 88, 1995

s. 29E............................................. ad. No. 88, 1995

am. No. 46, 2011

s. 29F ............................................. ad. No. 88, 1995

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 389

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 29G............................................. ad. No. 88, 1995

am. No. 146, 1999

s 29H.............................................. ad No 88, 1995

am No 92, 2017

s 29I ............................................... ad No 88, 1995

s. 29J.............................................. ad. No. 88, 1995

am. No. 134, 2003

s 29K.............................................. ad No 88, 1995

rep No 92, 2017

s 29L.............................................. ad No 88, 1995

s. 29LA .......................................... ad. No. 102, 2010

s. 29M............................................ ad. No. 88, 1995

am. No. 146, 1999

s. 29N............................................. ad. No. 88, 1995

s 29O.............................................. ad No 88, 1995

am No 92, 2006; No 92, 2017; No 114, 2017

Part III

Heading to Part III ......................... rs. No. 88, 1995

s. 29P ............................................. ad. No. 131, 2006

rep No 114, 2017

s. 30 ............................................... am. No. 88, 1995

s. 31 ............................................... am. No. 81, 1977; No. 88, 1995

s. 31A............................................. ad. No. 111, 1977

am. No. 88, 1995

s. 32 ............................................... am. No. 88, 1995

s. 33 ............................................... rs. No. 88, 1976

am. No. 81, 1977

rs. No. 111, 1977

am. No. 73, 1984; No. 88, 1995; No. 43, 1996

s. 34 ............................................... am. No. 80, 1982; No. 106, 1998; No. 46, 2011

s. 35 ............................................... am. No. 81, 1977; No. 61, 1981; No. 88, 1995

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

390 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 36 ............................................... am. No. 88, 1995

s. 39 ............................................... am. No. 131, 2006

s. 40 ............................................... rs. No. 17, 1986

am. No. 123, 2000

s. 43 ............................................... am. No. 88, 1995

ss. 43A, 43B................................... ad. No. 88, 1995

s. 44 ............................................... am. No. 81, 1977; No. 88, 1995; No. 146, 1999

s. 44A............................................. ad. No. 206, 1978

am. No. 88, 1995; No. 146, 1999; No. 46, 2011

Part IIIAA

Part IIIAA...................................... ad. No. 108, 2004

Division 1

s. 44AB.......................................... ad. No. 108, 2004

am. No. 60, 2006; No. 45, 2007

ss. 44AC, 44AD............................. ad. No. 108, 2004

Division 2

s. 44AE .......................................... ad. No. 108, 2004

am No 62, 2014

s. 44AF .......................................... ad. No. 108, 2004

s. 44AG.......................................... ad. No. 108, 2004

Division 3

s. 44AH.......................................... ad. No. 108, 2004

am. No. 45, 2007

s. 44AI ........................................... ad. No. 108, 2004

am. No. 119, 2011; No 116, 2017

s 44AIA ......................................... ad No 116, 2017

s 44AJ ............................................ ad No 108, 2004

am No 119, 2011

s. 44AK.......................................... ad. No. 108, 2004

am. No. 119, 2011

s. 44AL .......................................... ad. No. 108, 2004

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 391

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 119, 2011

Division 4

Subdivision A

ss. 44AM, 44AN ............................ ad. No. 108, 2004

s. 44AO.......................................... ad. No. 108, 2004

am. No. 46, 2011

s. 44AP .......................................... ad. No. 108, 2004

s 44AQ........................................... ad. No. 108, 2004

am. No. 46, 2011

s. 44AR.......................................... ad. No. 108, 2004

s. 44AS .......................................... ad. No. 108, 2004

am. No. 46, 2011

s 44AT ........................................... ad No 108, 2004

s 44AU........................................... ad No 108, 2004

s 44AV........................................... ad No 108, 2004

s 44AW.......................................... ad No 108, 2004

s 44AX........................................... ad No 108, 2004

s 44AY........................................... ad No 108, 2004

am No 92, 2017

s 44AZ ........................................... ad No 108, 2004

s. 44AAB ....................................... ad. No. 108, 2004

Subdivision B

s. 44AAC ....................................... ad. No. 108, 2004

Subdivision C

ss. 44AAD, 44AAE ....................... ad. No. 108, 2004

s. 44AAEA..................................... ad. No. 45, 2007

Subdivision D

s. 44AAF........................................ ad. No. 108, 2004

am. No. 17, 2009; No. 132, 2011; No 93, 2018

s. 44AAG....................................... ad. No. 108, 2004

s. 44AAGA .................................... ad. No. 60, 2006

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

392 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 44AAH....................................... ad. No. 108, 2004

am. No. 46, 2011

s 44AAI ......................................... ad No 108, 2004

s 44AAJ ......................................... ad No 108, 2004

rep No 8, 2019

s 44AAK........................................ ad No 108, 2004

Part IIIAB

Part IIIAB ...................................... ad No 62, 2014

s 44AAL ........................................ ad No 62, 2014

Part IIIA

Part IIIA......................................... ad. No. 88, 1995

Division 1

s. 44AA.......................................... ad. No. 92, 2006

s. 44B............................................. ad. No. 88, 1995

am. No. 28, 1997; No. 55, 2001; No. 134, 2003; No. 92, 2006;

No. 45, 2007; No. 60, 2008; No. 17, 2009; No. 102, 2010; No 114,

2017

s. 44C............................................. ad. No. 88, 1995

s 44CA........................................... ad No 114, 2017

s. 44D............................................. ad. No. 88, 1995

am. No. 102, 2010; No 114, 2017

s. 44DA.......................................... ad. No. 101, 1998

am. No. 102, 2010

s. 44E............................................. ad. No. 88, 1995

Division 2

Subdivision A

s. 44F ............................................. ad. No. 88, 1995

am. No. 92, 2006; No. 102, 2010; No 114, 2017

s. 44FA .......................................... ad. No. 102, 2010

am No 114, 2017

s. 44G............................................. ad. No. 88, 1995

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 393

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 101, 1998; Nos. 60 and 92, 2006; No. 45, 2007; No. 102,

2010

rs No 114, 2017

s. 44GA.......................................... ad. No. 92, 2006

rs. No. 102, 2010

s. 44GB.......................................... ad. No. 92, 2006

am. No. 102, 2010

s. 44GC.......................................... ad. No. 92, 2006

Subdivision B

s. 44H............................................. ad. No. 88, 1995

am. No. 101, 1998; Nos. 60 and 92, 2006; No. 45, 2007; No. 102,

2010; No 114, 2017

s. 44HA.......................................... ad. No. 92, 2006

s. 44I .............................................. ad. No. 88, 1995

am. No. 102, 2010

s. 44J.............................................. ad. No. 88, 1995

am. No. 92, 2006; No. 102, 2010; No 114, 2017

s. 44JA........................................... ad. No. 92, 2006

rep. No. 102, 2010

s. 44K............................................. ad. No. 88, 1995

am. No. 92, 2006; No. 102, 2010

ss. 44KA, 44KB............................. ad. No. 102, 2010

s. 44L............................................. ad. No. 88, 1995

am. No. 92, 2006; No. 102, 2010

Heading to Subdiv. C of.................

Div. 2 of Part IIIA

rep. No. 92, 2006

Division 2AA

Div. 2AA of Part IIIA .................... ad. No. 102, 2010

Subdivision A

s. 44LA .......................................... ad. No. 102, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

394 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Subdivision B

s 44LB ........................................... ad No 102, 2010

am No 114, 2017

s 44LC ........................................... ad No 102, 2010

s 44LD ........................................... ad No 102, 2010

s 44LE............................................ ad No 102, 2010

s 44LF............................................ ad No 102, 2010

Subdivision C

s 44LG ........................................... ad No 102, 2010

am No 114, 2017

s 44LH ........................................... ad No 102, 2010

Subdivision D

s. 44LI............................................ ad. No. 102, 2010

am No 114, 2017

Subdivision E

ss. 44LJ, 44LK............................... ad. No. 102, 2010

Subdivision F

s. 44LL........................................... ad. No. 102, 2010

Division 2A

Heading to Div. 2A of....................

Part IIIA

ad. No. 92, 2006

Subdivision A

Heading to Subdiv. A of ................

Div. 2A of Part IIIA

ad. No. 92, 2006

s. 44M............................................ ad. No. 88, 1995

am. No. 101, 1998; Nos. 60 and 92, 2006; No. 45, 2007; No. 102,

2010

s. 44MA ......................................... ad. No. 102, 2010

Subdivision B

Heading to Subdiv. B of.................

Div. 2A of Part IIIA

ad. No. 92, 2006

s. 44N............................................. ad. No. 88, 1995

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 395

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 101, 1998; Nos. 60 and 92, 2006; No. 45, 2007; No. 102,

2010

Subdivision C

Subdiv. C of Div. 2A of .................

Part IIIA

ad. No. 92, 2006

s. 44NA.......................................... ad. No. 92, 2006

am. No. 102, 2010

s. 44NAA....................................... ad. No. 102, 2010

s. 44NB.......................................... ad. No. 92, 2006

am. No. 102, 2010

Subdivision CA

Subdivision CA.............................. ad No 114, 2017

s 44NBA ........................................ ad No 114, 2017

s 44NBB ........................................ ad No 114, 2017

s 44NBC ........................................ ad No 114, 2017

Subdivision D

Subdiv. D of Div. 2A of.................

Part IIIA

ad. No. 92, 2006

s. 44NC.......................................... ad. No. 92, 2006

rs. No. 102, 2010

am No 114, 2017

s. 44ND.......................................... ad. No. 92, 2006

rep. No. 102, 2010

s. 44NE .......................................... ad. No. 92, 2006

am. No. 102, 2010; No 114, 2017

s 44NF ........................................... ad No 92, 2006

am No 114, 2017

s 44NG........................................... ad No 92, 2006

am No 114, 2017

Subdivision E

Heading to Subdiv. E of.................

Div. 2A of Part IIIA

ad. No. 92, 2006

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

396 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 44O............................................. ad. No. 88, 1995

am. No. 92, 2006; No. 102, 2010; No 114, 2017

Subdivision F

Heading to Subdiv. F of .................

Div. 2A of Part IIIA

ad. No. 92, 2006

s. 44P ............................................. ad. No. 88, 1995

am. No. 101, 1998

Division 2B

Div. 2B of Part IIIA ....................... ad. No. 92, 2006

s. 44PA .......................................... ad. No. 92, 2006

am No 102, 2010; No 126, 2015

s. 44PAA........................................ ad. No. 102, 2010

s 44PB............................................ ad No 92, 2006

am No 126, 2015

s 44PC............................................ ad No 92, 2006

s. 44PD .......................................... ad. No. 92, 2006

rs. No. 102, 2010

s. 44PE........................................... ad. No. 92, 2006

am. No. 102, 2010

s. 44PF ........................................... ad. No. 92, 2006

s. 44PG .......................................... ad. No. 92, 2006

am. No. 102, 2010

s. 44PH .......................................... ad. No. 92, 2006

am. No. 102, 2010

Division 2C

Heading to Div. 2C of....................

Part IIIA

ad. No. 92, 2006

s. 44Q............................................. ad. No. 88, 1995

am. No. 101, 1998; No. 92, 2006; No. 102, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 397

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Division 3

Subdivision A

s. 44R............................................. ad. No. 88, 1995

Subdivision B

ss. 44S, 44T ................................... ad. No. 88, 1995

am. No. 92, 2006

Subdivision C

s. 44U............................................. ad. No. 88, 1995

s. 44V............................................. ad. No. 88, 1995

am. No. 92, 2006; No. 102, 2010; No 126, 2015; No 114, 2017

s. 44W............................................ ad. No. 88, 1995

am. No. 92, 2006; No. 102, 2010; No 114, 2017

s. 44X............................................. ad. No. 88, 1995

am. No. 92, 2006; No 114, 2017

s. 44XA.......................................... ad. No. 92, 2006

rs. No. 102, 2010

s. 44Y............................................. ad. No. 88, 1995

am. No. 92, 2006

s. 44YA.......................................... ad. No. 102, 2010

Subdivision D

s. 44Z............................................. ad. No. 88, 1995

ss. 44ZA–44ZN.............................. ad. No. 88, 1995

s. 44ZNA ....................................... ad. No. 92, 2006

am No 126, 2015

Subdivision DA

Subdiv. DA of Div. 3 of.................

Part IIIA

ad. No. 92, 2006

s. 44ZNB........................................ ad. No. 92, 2006

am No 126, 2015

Subdivision E

s. 44ZO .......................................... ad. No. 88, 1995

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

398 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 92, 2006

s. 44ZOA ....................................... ad. No. 92, 2006

Subdivision F

Heading to Subdiv. F of .................

Div. 3 of Part IIIA

rs. No. 92, 2006

s. 44ZP........................................... ad. No. 88, 1995

am. No. 92, 2006; No. 102, 2010

s. 44ZQ .......................................... ad. No. 88, 1995

am. No. 92, 2006

ss. 44ZR–44ZT .............................. ad. No. 88, 1995

Subdivision G

Heading to Subdiv. G of ................

Div. 3 of Part IIIA

rs. No. 92, 2006

s. 44ZU .......................................... ad. No. 88, 1995

am. No. 92, 2006

s. 44ZUA ....................................... ad. No. 92, 2006

Division 4

s. 44ZV .......................................... ad. No. 88, 1995

s. 44ZW ......................................... ad. No. 88, 1995

am. No. 92, 2006

s. 44ZX .......................................... ad. No. 88, 1995

am. No. 92, 2006; No. 102, 2010

s. 44ZY .......................................... ad. No. 88, 1995

Division 5

s. 44ZZ........................................... ad. No. 88, 1995

Division 6

Heading to Div. 6 of ......................

Part IIIA

rs. No. 92, 2006

Subdivision A

Heading to Subdiv. A of ................

Div. 6 of Part IIIA

ad. No. 92, 2006

s. 44ZZA........................................ ad. No. 88, 1995

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 399

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 28, 1997; No. 69, 2000; No. 92, 2006; No. 102, 2010

ss. 44ZZAAA, 44ZZAAB.............. ad. No. 102, 2010

s. 44ZZAA..................................... ad. No. 28, 1997

am. No. 108, 2004; No. 92, 2006; No. 102, 2010

s. 44ZZAB ..................................... ad. No. 108, 2004

am. No. 102, 2010

s. 44ZZB ........................................ ad. No. 88, 1995

rep. No. 92, 2006

Subdivision B

Subdiv. B of Div. 6 of....................

Part IIIA

ad. No. 92, 2006

s. 44ZZBA ..................................... ad. No. 92, 2006

am. No. 102, 2010

Subdivision C

Subdiv. C of Div. 6 of....................

Part IIIA

ad. No. 92, 2006

s. 44ZZBB ..................................... ad. No. 92, 2006

am. No. 102, 2010

Subdivision D

Subdiv. D of Div. 6 of....................

Part IIIA

ad. No. 92, 2006

s. 44ZZBC ..................................... ad. No. 92, 2006

rs. No. 102, 2010

s. 44ZZBCA................................... ad. No. 102, 2010

s. 44ZZBD ..................................... ad. No. 92, 2006

am. No. 102, 2010

s. 44ZZBE...................................... ad. No. 92, 2006

Subdivision E

Subdiv. E of Div. 6 of ....................

Part IIIA

ad. No. 92, 2006

s. 44ZZBF...................................... ad. No. 92, 2006

am. No. 102, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

400 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Subdivision F

Heading to Subdiv. F of .................

Div. 6 of Part IIIA

ad. No. 92, 2006

s. 44ZZC ........................................ ad. No. 88, 1995

rs. No. 28, 1997

am. No. 92, 2006; No. 102, 2010

Division 6A

Div. 6A of Part IIIA....................... ad. No. 92, 2006

s. 44ZZCA ..................................... ad. No. 92, 2006

Division 6B

Heading to Div. 6B of....................

Part IIIA

rs. No. 102, 2010

Div. 6B of Part IIIA ....................... ad. No. 92, 2006

s. 44ZZCB ..................................... ad. No. 92, 2006

am No 126, 2015

s. 44ZZCBA................................... ad. No. 102, 2010

ss. 44ZZCC, 44ZZCD.................... ad. No. 92, 2006

Division 7

ss. 44ZZD–44ZZI .......................... ad. No. 88, 1995

s. 44ZZJ ......................................... ad. No. 88, 1995

am. No. 69, 2000; No. 92, 2006

s. 44ZZK........................................ ad. No. 88, 1995

Division 8

s. 44ZZL ........................................ ad. No. 88, 1995

s. 44ZZM ....................................... ad. No. 88, 1995

rs. No. 101, 1998; No. 134, 2003

am No 116, 2017

s 44ZZMAA .................................. ad No 116, 2017

s. 44ZZMA .................................... ad. No. 134, 2003

am. No. 119, 2011

s. 44ZZMB..................................... ad. No. 134, 2003

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 401

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 44ZZN........................................ ad. No. 88, 1995

s. 44ZZNA..................................... ad. No. 28, 1997

s. 44ZZO........................................ ad. No. 88, 1995

s. 44ZZOAAA ............................... ad. No. 102, 2010

am No 114, 2017

s. 44ZZOAA .................................. ad. No. 102, 2010

s. 44ZZOA..................................... ad. No. 101, 1998

rep. No. 134, 2003

ad. No. 92, 2006

rs. No. 102, 2010

s. 44ZZP ........................................ ad. No. 88, 1995

am. No. 45, 2007

s. 44ZZQ........................................ ad. No. 88, 1995

s. 44ZZR ........................................ ad. No. 45, 2007

Part IV

Division 1

Division 1 ...................................... ad. No. 59, 2009

Subdivision A

s 44ZZRA ...................................... ad No 59, 2009

renum No 114, 2017

s 45AA (prev s 44ZZRA)

s 44ZZRB ...................................... ad No 59, 2009

renum No 114, 2017

s 45AB (prev s 44ZZRB)

s 44ZZRC ...................................... ad No 59, 2009

renum No 114, 2017

s 45AC (prev s 44ZZRC)

s 44ZZRD ...................................... ad No 59, 2009

am No 114, 2017

renum No 114, 2017

s 45AD (prev s 44ZZRD)

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Endnotes

Endnote 4—Amendment history

402 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 44ZZRE....................................... ad No 59, 2009

renum No 114, 2017

s 45AE (prev s 44ZZRE)

Subdivision B

s 44ZZRF....................................... ad No 59, 2009

renum No 114, 2017

s 45AF (prev s 44ZZRF)

s 44ZZRG ...................................... ad No 59, 2009

renum No 114, 2017

s 45AG (prev s 44ZZRG)

s 44ZZRH ...................................... ad No 59, 2009

renum No 114, 2017

s 45AH (prev s 44ZZRH)

s 44ZZRI........................................ ad No 59, 2009

renum No 114, 2017

s 45AI (prev s 44ZZRI)

Subdivision C

s 44ZZRJ ....................................... ad No 59, 2009

renum No 114, 2017

s 45AJ (prev s 44ZZRJ)

s 44ZZRK ...................................... ad No 59, 2009

renum No 114, 2017

s 45AK (prev s 44ZZRK)

Subdivision D

s 44ZZRL....................................... ad No 59, 2009

renum No 114, 2017

s 45AL (prev s 44ZZRL)

s 44ZZRM...................................... ad No 59, 2009

renum No 114, 2017

s 45AM (prev s 44ZZRM)

s 44ZZRN ...................................... ad No 59, 2009

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 403

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

renum No 114, 2017

s 45AN (prev s 44ZZRN)

s 44ZZRO ...................................... ad No 59, 2009

am No 114, 2017

renum No 114, 2017

s 45AO (prev s 44ZZRO)

s 44ZZRP....................................... ad No 59, 2009

am No 114, 2017

renum No 114, 2017

s 45AP (prev s 44ZZRP)

s 44ZZRQ ...................................... ad No 59, 2009

rep No 114, 2017

s 44ZZRR ...................................... ad No 59, 2009

am No 114, 2017

renum No 114, 2017

s 45AQ (prev s 44ZZRR)

s 44ZZRS....................................... ad No 59, 2009

am No 114, 2017

renum No 114, 2017

s 45AR (prev s 44ZZRS)

s 44ZZRT....................................... ad No 59, 2009

am No 114, 2017

renum No 114, 2017

s 45AS (prev s 44ZZRT)

s 44ZZRU ...................................... ad No 59, 2009

renum No 114, 2017

s 45AT (prev s 44ZZRU)

s 44ZZRV ...................................... ad No 59, 2009

renum No 114, 2017

s 45AU (prev s 44ZZRV)

Division 1A.................................... ad. No. 185, 2011

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

404 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

rep No 114, 2017

s. 44ZZS ........................................ ad. No. 185, 2011

rep No 114, 2017

s. 44ZZT ........................................ ad. No. 185, 2011

rep No 114, 2017

s. 44ZZU........................................ ad. No. 185, 2011

rep No 114, 2017

s. 44ZZV........................................ ad. No. 185, 2011

rep No 114, 2017

s. 44ZZW....................................... ad. No. 185, 2011

rep No 114, 2017

s. 44ZZX........................................ ad. No. 185, 2011

rep No 114, 2017

s. 44ZZY........................................ ad. No. 185, 2011

rep No 114, 2017

s. 44ZZZ ........................................ ad. No. 185, 2011

rep No 114, 2017

s. 44ZZZA ..................................... ad. No. 185, 2011

rep No 114, 2017

s. 44ZZZB...................................... ad. No. 185, 2011

rep No 114, 2017

Division 2

Heading to Div. 2 of Part IV .......... ad. No. 59, 2009

s. 45 ............................................... rs. No. 81, 1977

am. No. 17, 1986; No. 222, 1992; No. 88, 1995; No. 131, 2006;

No. 59, 2009; No 114, 2017

s. 45A............................................. ad. No. 81, 1977

am. No. 206, 1978; No. 88, 1995; No. 131, 2006

rep. No. 59, 2009

s. 45B............................................. ad. No. 81, 1977

am. No. 88, 1995; No. 169, 2012

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 405

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

rep No 114, 2017

s. 45C............................................. ad. No. 81, 1977

am. No. 17, 1986; No. 88, 1995

rep No 114, 2017

s. 45D............................................. ad. No. 81, 1977

am. No. 207, 1978; No. 73, 1980; No. 176, 1981

rs. No. 98, 1993; No. 60, 1996

am No 114, 2017

s 45DA........................................... ad No 60, 1996

am No 114, 2017

s 45DB........................................... ad No 60, 1996

am No 114, 2017

s 45DC........................................... ad No 60, 1996

s. 45DD.......................................... ad. No. 60, 1996

am. SLI 2006 No. 50; No. 54, 2009

s. 45E............................................. ad. No. 73, 1980

rep. No. 98, 1993

ad. No. 60, 1996

am No 114, 2017

s 45EA ........................................... ad No 60, 1996

am No 114, 2017

s 45EB ........................................... ad No 60, 1996

s 46 ................................................ rs No 81, 1977

am No 17, 1986; No 222, 1992; No 131, 2006; No 159, 2007;

No 116, 2008

rs No 87, 2017

s. 46A............................................. ad. No. 70, 1990

am. No. 222, 1992; No. 131, 2006; No 114, 2017

s. 46B............................................. ad. No. 70, 1990

s. 47 ............................................... am. No. 88, 1976

rs. No. 81, 1977

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

406 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 206, 1978; No. 88, 1995; No. 131, 2006; No. 169, 2012; No

114, 2017

s 48 ................................................ am No 114, 2017

s. 49 ............................................... am. No. 81, 1977

rep. No. 88, 1995

ad. No. 131, 2006

am No 114, 2017

s. 50 ............................................... rs. No. 81, 1977

am. Nos. 8, 17 and 168, 1986; No. 49, 1991; No. 222, 1992; No. 63,

2001; No. 131, 2006; No. 184, 2011; No 114, 2017

s. 50A............................................. ad. No. 17, 1986

am. Nos. 22 and 222, 1992

s 51 ................................................ am No 63, 1975; No 88, 1976; No 81, 1977; No 73, 1980; No 17,

1986; No 28, 1989; No 70, 1990; No 98, 1993; No 88, 1995; No 60,

1996; No 63, 2002; No 46, 2011; No 114, 2017; No 15, 2019

s. 51AAA....................................... ad. No. 88, 1995

Part IVA......................................... ad. No. 222, 1992

rep. No. 103, 2010

s. 51AAB ....................................... ad. No. 48, 1998

rep. No. 103, 2010

s. 51AA.......................................... ad. No. 222, 1992

am. No. 36, 1998

rep. No. 103, 2010

s. 51AB (formerly s. 52A) ............. No. 222, 1992

am. No. 116, 2008

rep. No. 103, 2010

s. 51AC.......................................... ad. No. 36, 1998

am. No. 63, 2001; No. 159, 2007; No. 116, 2008

rep. No. 103, 2010

s. 51ACAA .................................... ad. No. 63, 2001

rep. No. 103, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 407

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Part IVB

Part IVB......................................... ad. No. 36, 1998

Division 1

Heading to Div. 1 of ......................

Part IVB

ad. No. 103, 2010

s. 51ACA ....................................... ad. No. 36, 1998

am. No. 103, 2010; No 107, 2014

Division 2

Heading to Div. 2 of ......................

Part IVB

ad. No. 103, 2010

s. 51AD.......................................... ad. No. 36, 1998

renum No 107, 2014

s 51ACB (prev s 51AD)

Division 2A

Division 2A.................................... ad No 107, 2014

s 51ACC ........................................ ad No 107, 2014

s 51ACD ........................................ ad No 107, 2014

s 51ACE......................................... ad No 107, 2014

s 51ACF......................................... ad No 107, 2014

s 51ACG ........................................ ad No 107, 2014

s 51ACH ........................................ ad No 107, 2014

s 51ACI.......................................... ad No 107, 2014

s 51ACJ ......................................... ad No 107, 2014

Division 3

Div. 3 of Part IVB.......................... ad. No. 103, 2010

s. 51ADA....................................... ad. No. 103, 2010

Division 4

Div. 4 of Part IVB.......................... ad. No. 103, 2010

ss. 51ADB, 51ADC ....................... ad. No. 103, 2010

Division 5

Div. 5 of Part IVB.......................... ad. No. 103, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

408 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 51ADD........................................ ad No 103, 2010

s 51ADE ........................................ ad No 103, 2010

am No 49, 2019

s 51ADF......................................... ad No 103, 2010

s 51ADG........................................ ad No 103, 2010

Division 6

Heading to Div. 6 of ......................

Part IVB

ad. No. 103, 2010

s. 51AE .......................................... ad. No. 36, 1998

am No 107, 2014

s. 51AEA ....................................... ad. No. 63, 2001

s. 51AF .......................................... ad. No. 48, 1998

am. Nos. 55 and 123, 2001

rep. No. 103, 2010

s. 51A............................................. ad. No. 17, 1986

rep. No. 103, 2010

s. 52 ............................................... am. No. 81, 1977; No. 106, 1998

rep. No. 103, 2010

s. 52A............................................. ad. No. 17, 1986

am. No. 222, 1992

Renumbered s. 51AB..................... No. 222, 1992

s. 53 ............................................... am. No. 81, 1977; No. 17, 1986; No. 20, 1988; No. 106, 1998

rep. No. 103, 2010

s. 53A............................................. ad. No. 81, 1977

am. No. 206, 1978; No. 17, 1986

rep. No. 103, 2010

s. 53B............................................. ad. No. 206, 1978

rs. No. 17, 1986

rep. No. 103, 2010

s. 53C............................................. ad. No. 17, 1986

rs. No. 126, 2008

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 409

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

rep. No. 103, 2010

s. 54 ............................................... am. No. 81, 1977

rep. No. 103, 2010

Part IVC

Part IVC......................................... ad No 9, 2016

Division 1

s. 55 ............................................... rep. No. 103, 2010

ad No 9, 2016

s. 55A............................................. ad. No. 81, 1977

rep. No. 103, 2010

ad No 9, 2016

Division 2

s 55B.............................................. ad No 9, 2016

Division 3

s 55C.............................................. ad No 9, 2016

s 55D.............................................. ad No 9, 2016

s 55E.............................................. ad No 9, 2016

Division 4

s 55F .............................................. ad No 9, 2016

s 55G.............................................. ad No 9, 2016

s 55H.............................................. ad No 9, 2016

s 55J............................................... ad No 9, 2016

s 55K.............................................. ad No 9, 2016

s 55L.............................................. ad No 9, 2016

s 55M............................................. ad No 9, 2016

s 55N.............................................. ad No 9, 2016

s. 56 ............................................... am. No. 81, 1977; No. 17, 1986; No. 31, 2001

rep. No. 103, 2010

s. 57 ............................................... rep. No. 103, 2010

s. 58 ............................................... rs. No. 17, 1986

rep. No. 103, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

410 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 59 ............................................... am. No. 81, 1977; No. 17, 1986

rep. No. 103, 2010

Part V

Part V............................................. rep. No. 103, 2010

ad No 83, 2014

Division 1

s. 60 ............................................... rs. No. 17, 1986

rep. No. 103, 2010

ad No 83, 2014

s 60AA........................................... ad No 83, 2014

s 60A.............................................. ad No 83, 2014

s 60B.............................................. ad No 83, 2014

Division 2

s 60C.............................................. ad No 83, 2014

s 60CA........................................... ad No 83, 2014

s 60D.............................................. ad No 83, 2014

s 60E.............................................. ad No 83, 2014

s 60F .............................................. ad No 83, 2014

Division 2A

s 60FA ........................................... ad No 83, 2014

s 60FB............................................ ad No 83, 2014

s 60FC............................................ ad No 83, 2014

Division 2B

s 60FD ........................................... ad No 83, 2014

Division 2C

s 60FE............................................ ad No 83, 2014

Division 3

s 60G.............................................. ad No 83, 2014

s 60H.............................................. ad No 83, 2014

s 60J............................................... ad No 83, 2014

Division 4

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 411

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 60K.............................................. ad No 83, 2014

Division 5

s 60L.............................................. ad No 83, 2014

s 60M............................................. ad No 83, 2014

s 60N.............................................. ad No 83, 2014

s 60P .............................................. ad No 83, 2014

s 60Q.............................................. ad No 83, 2014

am No 92, 2017

s 60R.............................................. ad No 83, 2014

s. 61 ............................................... am. No. 17, 1986; No. 88, 1995

rep. No. 128, 2002

s. 62 ............................................... am. No. 63, 1975; No. 81, 1977; No. 206, 1978

rep. No. 17, 1986

s. 63 ............................................... am. No. 63, 1975; No. 81, 1977

rep. No. 17, 1986

s. 63AA.......................................... ad. No. 151, 1977

rep. No. 17, 1986

s. 63A............................................. ad. No. 63, 1975

am. No. 81, 1977; Nos. 17 and 168, 1986; No. 123, 2001

rep. No. 103, 2010

s. 64 ............................................... am. No. 56, 1975; No. 81, 1977; No. 17, 1986; No. 88, 1995

rep. No. 103, 2010

s. 65 ............................................... am. No. 17, 1986; No. 88, 1995

rep. No. 103, 2010

s. 65A............................................. ad. No. 165, 1984

am. No. 180, 1991; No. 105, 1992

rep. No. 103, 2010

Div. 1AAA of Part V ..................... ad. No. 128, 2002

rep. No. 103, 2010

ss. 65AAA–65AAE ....................... ad. No. 128, 2002

rep. No. 103, 2010

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Endnotes

Endnote 4—Amendment history

412 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Div. 1AA of Part V........................ ad. No. 106, 1998

rep. No. 103, 2010

ss. 65AA–65AD............................. ad. No. 106, 1998

am. No. 31, 2001; No. 21, 2003

rep. No. 103, 2010

ss. 65AE–65AH ............................. ad. No. 106, 1998

rep. No. 103, 2010

ss. 65AJ–65AM ............................. ad. No. 106, 1998

rep. No. 103, 2010

s. 65AN.......................................... ad. No. 106, 1998

am. No. 31, 2001; No. 21, 2003

rep. No. 103, 2010

Div. 1A of Part V........................... ad. No. 17, 1986

rep. No. 103, 2010

ss. 65B–65D................................... ad. No. 17, 1986

rep. No. 103, 2010

s. 65E............................................. ad. No. 17, 1986

am. No. 63, 2002; No. 126, 2008

rep. No. 103, 2010

s. 65F ............................................. ad. No. 17, 1986

am. No. 141, 1994; Nos. 31 and 63, 2001; No. 63, 2002

rep. No. 103, 2010

ss. 65G, 65H .................................. ad. No. 17, 1986

rep. No. 103, 2010

s. 65J.............................................. ad. No. 17, 1986

am. No. 88, 1995

rep. No. 103, 2010

ss. 65K–65N .................................. ad. No. 17, 1986

rep. No. 103, 2010

s. 65P ............................................. ad. No. 17, 1986

rep. No. 103, 2010

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Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 413

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 65Q............................................. ad. No. 17, 1986

am. No. 168, 1986; No. 141, 1994; No. 31, 2001

rep. No. 103, 2010

s. 65R............................................. ad. No. 17, 1986

am. No. 141, 1994; Nos. 31 and 63, 2001; No. 63, 2002

rep. No. 103, 2010

s. 65S ............................................. ad. No. 17, 1986

rep. No. 103, 2010

s. 65T............................................. ad. No. 17, 1986

am. No. 146, 1999

rep. No. 103, 2010

s. 65U............................................. ad. No. 17, 1986

rep. No. 20, 1988

s. 66 ............................................... rep. No. 103, 2010

s. 66A............................................. ad. No. 141, 1987

rep. No. 103, 2010

s. 67 ............................................... rep. No. 103, 2010

s. 68 ............................................... am. No. 206, 1978; No. 17, 1986

rep. No. 103, 2010

s. 68A............................................. ad. No. 151, 1977

rep. No. 103, 2010

s. 68B............................................. ad. No. 146, 2002

rep. No. 103, 2010

s. 69 ............................................... am. No. 88, 1995

rep. No. 103, 2010

s. 70 ............................................... am. No. 81, 1977

rep. No. 103, 2010

s. 71 ............................................... am. No. 81, 1977; No. 88, 1995

rep. No. 103, 2010

s. 72 ............................................... am. No. 81, 1977

rep. No. 103, 2010

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Endnotes

Endnote 4—Amendment history

414 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 73 ............................................... rs. No. 17, 1986

am. No. 48, 1998; No. 55, 2001

rep. No. 103, 2010

ss. 73A, 73B................................... ad. No. 17, 1986

rep. No. 103, 2010

s. 74 ............................................... am. No. 81, 1977; No. 17, 1986; No. 88, 1995; No. 118, 2004

rep. No. 103, 2010

Div. 2A of Part V........................... ad. No. 206, 1978

rep. No. 103, 2010

ss. 74A–74C................................... ad. No. 206, 1978

am. No. 17, 1986

rep. No. 103, 2010

s. 74D............................................. ad. No. 206, 1978

am. Nos. 17 and 168, 1986

rep. No. 103, 2010

s. 74E............................................. ad. No. 206, 1978

am. No. 17, 1986

rep. No. 103, 2010

s. 74F ............................................. ad. No. 206, 1978

am. No. 17, 1986; No. 88, 1995

rep. No. 103, 2010

s. 74G............................................. ad. No. 206, 1978

am. No. 17, 1986

rep. No. 103, 2010

s. 74H............................................. ad. No. 206, 1978

rep. No. 103, 2010

s. 74J.............................................. ad. No. 206, 1978

am. No. 17, 1986; No. 11, 1990; No. 113, 2004

rep. No. 103, 2010

ss. 74K, 74L................................... ad. No. 206, 1978

rep. No. 103, 2010

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Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 415

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 74M............................................ ad. No. 113, 2004

rep. No. 103, 2010

s. 75 ............................................... am. No. 88, 1995

rep. No. 103, 2010

s. 75A............................................. ad. No. 81, 1977

am. No. 88, 1995

rep. No. 103, 2010

Part VA.......................................... ad. No. 106, 1992

rep. No. 103, 2010

ss. 75AA–75AN............................. ad. No. 106, 1992

rep. No. 103, 2010

s. 75AO.......................................... ad. No. 106, 1992

am. No. 113, 2004

rep. No. 103, 2010

s. 75AP .......................................... ad. No. 106, 1992

rep. No. 103, 2010

ss. 75AQ, 75AR............................. ad. No. 106, 1992

am. No. 88, 1995

rep. No. 103, 2010

s. 75AS .......................................... ad. No. 106, 1992

am. No. 106, 1998; No. 194, 1999

rep. No. 103, 2010

Part VB.......................................... ad. No. 61, 1999

rep. No. 111, 2009

s. 75AT .......................................... ad. No. 61, 1999

am. No. 176, 1999; No. 101, 2006

rep. No. 111, 2009

s. 75AU.......................................... ad. No. 61, 1999

am. No. 176, 1999

rep. No. 111, 2009

ss. 75AV–75AX............................. ad. No. 61, 1999

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Endnotes

Endnote 4—Amendment history

416 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

rep. No. 111, 2009

s. 75AY.......................................... ad. No. 61, 1999

am. No. 146, 2001

rep. No. 111, 2009

s. 75AYA....................................... ad. No. 69, 2000

rep. No. 111, 2009

s. 75AZ .......................................... ad. No. 61, 1999

rep. No. 111, 2009

Part VC.......................................... ad. No. 31, 2001

rep. No. 103, 2010

s. 75AZA ....................................... ad. No. 31, 2001

am. Nos. 55 and 123, 2001

rep. No. 103, 2010

s. 75AZAA..................................... ad. No. 126, 2008

rep. No. 103, 2010

s. 75AZB........................................ ad. No. 31, 2001

rep. No. 103, 2010

ss. 75AZC, 75AZD ........................ ad. No. 31, 2001

am. No. 117, 2001

rep. No. 103, 2010

s. 75AZE........................................ ad. No. 31, 2001

am. No. 117, 2001

rep. No. 103, 2010

s. 75AZF........................................ ad. No. 31, 2001

am. No. 117, 2001; No. 126, 2008

rep. No. 103, 2010

s. 75AZG ....................................... ad. No. 31, 2001

am. No. 117, 2001

rep. No. 103, 2010

ss. 75AZH–75AZL ........................ ad. No. 31, 2001

am. No. 117, 2001

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Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 417

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

rep. No. 103, 2010

ss. 75AZM, 75AZN ....................... ad. No. 31, 2001

am. No. 117, 2001

rep. No. 103, 2010

s. 75AZO ....................................... ad. No. 31, 2001

am. No. 117, 2001

rs. No. 128, 2002

rep. No. 103, 2010

ss. 75AZP, 75AZQ......................... ad. No. 31, 2001

am. No. 117, 2001

rep. No. 103, 2010

s. 75AZR........................................ ad. No. 31, 2001

rep. No. 103, 2010

s. 75AZS ........................................ ad. No. 31, 2001

am. No. 117, 2001; No. 126, 2008

rep. No. 103, 2010

s. 75AZT........................................ ad. No. 31, 2001

am. No. 117, 2001; No. 126, 2008

rep. No. 103, 2010

s. 75AZU ....................................... ad. No. 31, 2001

am. No. 117, 2001

rep. No. 103, 2010

Part VI

s. 75B............................................. ad. No. 81, 1977

am. No. 23, 1987; No. 222, 1992; No. 36, 1998; No. 61, 1999;

No. 69, 2000; No. 31, 2001; No. 131, 2006; No. 111, 2009; No. 103,

2010 (as am. by No. 184, 2011); No 83, 2014; No 9, 2016; No 114,

2017

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Endnotes

Endnote 4—Amendment history

418 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 76 ............................................... am. No. 88, 1976; No. 81, 1977; No. 207, 1978; No. 73, 1980;

No. 222, 1992; No. 98, 1993; No. 60, 1996; No. 58, 1997; No. 61,

1999; No. 69, 2000; No. 131, 2006; No. 59, 2009; No. 111, 2009;

Nos. 44 and 103, 2010; No 83, 2014; No 107, 2014; No 9, 2016; No

114, 2017

s. 76A............................................. ad. No. 69, 2000

am. No. 131, 2006; No. 111, 2009; No 114, 2017

s. 76B............................................. ad. No. 69, 2000

am. No. 131, 2006; Nos. 59 and 111, 2009; No 114, 2017

s. 76C............................................. ad. No. 131, 2006

rep No 114, 2017

s. 76D............................................. ad. No. 131, 2006

rep. No. 59, 2009

ss. 76E, 76F ................................... ad. No. 44, 2010

rep. No. 103, 2010

s. 77 ............................................... am. No. 88, 1976; No. 88, 1995; Nos. 44 and 103, 2010

s. 77A............................................. ad. No. 131, 2006

am. Nos. 44 and 103, 2010; No 83, 2014

ss. 77B, 77C................................... ad. No. 131, 2006

s. 78 ............................................... am. No. 61, 1999; No. 69, 2000; No. 31, 2001; Nos. 59 and 111,

2009; No. 103, 2010 (as am. by No. 184, 2011)

s. 79 ............................................... am. No. 81, 1977; No. 17, 1986; No. 222, 1992; Nos. 31 and 63,

2001; No. 59, 2009; Nos. 4 and 103, 2010; No 114, 2017

s. 79A............................................. ad. No. 17, 1986

am. No. 31, 2001; No. 131, 2006; No. 59, 2009; No. 103, 2010

s. 79B............................................. ad. No. 63, 2001

am. No. 63, 2001 (as am. by No. 63, 2002); No. 59, 2009; Nos. 44

and 103, 2010

s. 80 ............................................... am. No. 88, 1976; No. 81, 1977; No. 39, 1983; No. 17, 1986;

No. 222, 1992; No. 88, 1995; No. 60, 1996; No. 36, 1998; No. 61,

1999; No. 69, 2000; No. 31, 2001; Nos. 59 and 111, 2009; Nos. 44

and 103, 2010; No 83, 2014; No 9, 2016

s. 80A............................................. ad. No. 81, 1977

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Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 419

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 39, 1983; No. 17, 1986; No. 222, 1992; No. 88, 1995;

No. 36, 1998

rep. No. 63, 2001

ad No 83, 2014

s. 80AA.......................................... ad. No. 73, 1980

am. No. 39, 1983; No. 87, 1988 (as am. by No. 108, 1990)

rep. No. 98, 1993

ad. No. 60, 1996

rep. SLI 2006 No. 50

s. 80AB.......................................... ad. No. 60, 1996

am. SLI 2006 No. 50

s. 80AC.......................................... ad. No. 131, 2006

am No 114, 2017

s. 80B............................................. ad. No. 61, 1999

rep. No. 111, 2009

s. 81 ............................................... am. No. 88, 1976

rs. No. 81, 1977

am. No. 17, 1986; No. 222, 1992; No. 88, 1995; No. 131, 2006

s. 81A............................................. ad. No. 131, 2006

am No 114, 2017

s 82 ................................................ rs No 81, 1977

am No 17, 1986; No 222, 1992; No 36, 1998; No 63, 2001; No 103,

2004; No 113, 2004; No 118, 2004; No. 11, 2006; No. 103, 2010 (as

am by No 184, 2011); No 83, 2014; No 9, 2016; No 15, 2019

s. 83 ............................................... rs. No. 81, 1977

am. No. 222, 1992; No. 36, 1998; Nos. 31 and 63, 2001; No. 59,

2009; No. 44, 2010; No. 103, 2010 (as am. by No. 184, 2011); No

83, 2014; No 9, 2016

ed C105

rs No 114, 2017

s. 84 ............................................... rs. No. 17, 1986

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Endnotes

Endnote 4—Amendment history

420 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 70, 1990; No. 222, 1992; No. 36, 1998; No. 61, 1999; Nos.

31 and 146, 2001; Nos. 59 and 111, 2009; Nos. 44 and 103, 2010;

No. 185, 2011; No 83, 2014; No 9, 2016; No 114, 2017

s. 85 ............................................... am. No. 81, 1977; No. 17, 1986; No. 88, 1995; No. 31, 2001;

No. 128, 2002; No. 44, 2010

rs. No. 103, 2010

am No 83, 2014

s. 86 ............................................... rs. No. 23, 1987

am. No. 222, 1992; Nos. 36 and 106, 1998; No. 194, 1999; No. 57,

2000; No. 23, 2006; No. 116, 2008; No. 59, 2009; No. 44, 2010;

No. 103, 2010 (as am. by No. 184, 2011); No. 13, 2013; No 9, 2016

s. 86AA.......................................... ad. No. 194, 1999

am. No. 161, 2000; No. 23, 2006; No. 103, 2010; No. 13, 2013

s. 86A............................................. ad. No. 23, 1987

am. No. 222, 1992; Nos. 36 and 106, 1998; Nos. 44 and 103, 2010;

No 9, 2016

s. 86B............................................. ad. No. 8, 1988

am. No. 222, 1992; No. 106, 1998; No. 44, 2010

rep. No. 103, 2010

s. 86C............................................. ad. No. 63, 2001

am. No. 63, 2001; No. 131, 2006; Nos. 59 and 111, 2009; No. 103,

2010; No 83, 2014; No 9, 2016; No 114, 2017

s. 86D............................................. ad. No. 63, 2001

am. No. 63, 2001; No. 59, 2009; Nos. 44 and 103, 2010

s. 86DA.......................................... ad. No. 44, 2010

rep. No. 103, 2010

s. 86E............................................. ad. No. 131, 2006

am. No. 59, 2009; Nos. 44 and 103, 2010

s. 86F ............................................. ad. No. 59, 2009

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Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 421

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 87 ............................................... am. No. 81, 1977; No. 39, 1983; Nos. 17 and 168, 1986; No. 222,

1992; No. 49, 1994; No. 88, 1995; No. 36, 1998; Nos. 31 and 63,

2001; No 113, 2004; No. 118, 2004; No. 11, 2006; No. 59, 2009;

No. 44, 2010; No. 103, 2010 (as am. by No. 184, 2011; No. 136,

2012); No 83, 2014; No 9, 2016; No 114, 2017

s. 87AAA....................................... ad. No. 44, 2010

am. No. 44, 2010

rep. No. 103, 2010

s. 87AAB ....................................... ad. No. 44, 2010

rep. No. 103, 2010

s. 87A............................................. ad. No. 17, 1986

am. No. 222, 1992; Nos. 31 and 146, 2001; No. 44, 2010

rep. No. 103, 2010

s. 87AA.......................................... ad. No. 60, 1996

am. SLI 2006 No. 50; No. 54, 2009

s. 87AB.......................................... ad. No. 118, 2004

rep. No. 103, 2010

s. 87AC.......................................... ad. No. 44, 2010

rep. No. 103, 2010

s. 87B............................................. ad. No. 222, 1992

am. No. 131, 2006; No 114, 2017

s. 87C............................................. ad. No. 141, 1994

am. No. 5, 2011

s. 87CA.......................................... ad. No. 63, 2001

s. 87CAA ....................................... ad. No. 113, 2004

rep. No. 103, 2010

Part VIA

Part VIA......................................... ad. No. 103, 2004

s. 87CB .......................................... ad. No. 103, 2004

am. No. 103, 2010

ss. 87CC–87CI............................... ad. No. 103, 2004

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Endnotes

Endnote 4—Amendment history

422 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Part VIB

Part VIB......................................... ad. No. 113, 2004

Division 1

s. 87D............................................. ad. No. 113, 2004

am. No. 59, 2009; No. 103, 2010

s. 87E............................................. ad. No. 113, 2004

am. No. 103, 2010

Division 2

ss. 87F–87H................................... ad. No. 113, 2004

ss. 87J, 87K.................................... ad. No. 113, 2004

Division 3

s 87L.............................................. ad No 113, 2004

s 87M............................................. ad No 113, 2004

s 87N.............................................. ad No 113, 2004

am No 4, 2016

ss. 87P–87T ................................... ad. No. 113, 2004

Division 4

ss. 87U, 87V .................................. ad. No. 113, 2004

Division 5

ss. 87W, 87X ................................. ad. No. 113, 2004

Division 6

s. 87Y............................................. ad. No. 113, 2004

am. No. 103, 2013; No 126, 2015

s. 87Z............................................. ad. No. 113, 2004

ss. 87ZA, 87ZB.............................. ad. No. 113, 2004

Division 7

s. 87ZC .......................................... ad. No. 113, 2004

Part VIC......................................... ad. No. 44, 2010

rep. No. 103, 2010

ss. 87ZD–87ZK.............................. ad. No. 44, 2010

rep. No. 103, 2010

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Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 423

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Part VID......................................... ad. No. 44, 2010

rep. No. 103, 2010

ss. 87ZL–87ZO.............................. ad. No. 44, 2010

rep. No. 103, 2010

Part VII

Part VII heading............................. am. No. 81, 1977; No. 206, 1978

rs. No. 131, 2006; No 114, 2017

Division 1

Division 1 heading......................... rs. No. 131, 2006; No 114, 2017

s 87D.............................................. ad No 101, 1998

renum No 113, 2004

s 87ZD (prev s 87D) ...................... am No 131, 2006

renum No 44, 2010

s 87ZP (prev s 87ZD)..................... am No 114, 2017

s. 88 ............................................... rs. No. 81, 1977

am. Nos. 206 and 207, 1978; No. 73, 1980; No. 17, 1986; No. 222,

1992; No. 98, 1993; No. 88, 1995; No. 60, 1996; No. 101, 1998;

No. 131, 2006; No. 59, 2009; No. 185, 2011

rs No 114, 2017

s. 89 ............................................... am. No. 88, 1976; No. 81, 1977; No. 17, 1986; No. 222, 1992;

No. 88, 1995; No. 101, 1998; No. 131, 2006; No. 103, 2010; No 114,

2017

s 90 ................................................ am No. 88, 1976; No. 81, 1977; No. 206, 1978; No. 73, 1980; No. 17,

1986; No. 11, 1990; No. 222, 1992; No. 98, 1993; No. 88, 1995;

No. 60, 1996; No. 108, 2004; No. 131, 2006; No. 59, 2009; No. 185,

2011; No 114, 2017; No 49, 2019

s. 90A............................................. ad. No. 81, 1977

am. No. 17, 1986; No. 88, 1995; No 61, 2016; No 114, 2017

s. 90B............................................. ad. No. 108, 2004

am. No. 60, 2006; No 114, 2017

s 91 ................................................ am No 81, 1977; No 17, 1986; No 101, 1998; No 114, 2017; No 49,

2019

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Endnotes

Endnote 4—Amendment history

424 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 91A............................................. ad. No. 101, 1998

am. No. 108, 2004; No. 131, 2006; No. 59, 2009; No. 185, 2011; No

114, 2017

s. 91B............................................. ad. No. 101, 1998

am. No. 108, 2004; No. 131, 2006; No. 59, 2009; No. 185, 2011; No

114, 2017

s. 91C............................................. ad. No. 101, 1998

am. No. 108, 2004; No. 131, 2006; No. 59, 2009; No. 185, 2011; No

114, 2017

s 92 ................................................ ad No 114, 2017

Division 2

Division 2 heading......................... rs. No. 81, 1977

am. No. 206, 1978

s. 92 ............................................... rep. No. 81, 1977

Subdivision A

Subdivision A heading................... ad No 131, 2006

rs No 185, 2011; No 114, 2017

s. 93 ............................................... rs. No. 81, 1977

am. No. 206, 1978; No. 17, 1986; No. 88, 1995; No. 131, 2006;

No. 185, 2011; No 114, 2017

s 93AAA........................................ ad No 114, 2017

Subdivision B

Subdivision B ................................ ad. No. 131, 2006

s. 93AA.......................................... ad. No. 131, 2006

am. No. 59, 2009; No 114, 2017

s. 93AB.......................................... ad. No. 131, 2006

am. Nos. 54 and 59, 2009; No 114, 2017

s. 93AC.......................................... ad. No. 131, 2006

am. No. 59, 2009; No 114, 2017

s 93ACA ........................................ ad No 114, 2017

s 93AD........................................... ad No 131, 2006

am No 114, 2017

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Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 425

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 93AE ........................................... ad No 131, 2006

s. 93AEA ....................................... ad. No. 59, 2009

s. 93AF .......................................... ad. No. 131, 2006

am. No. 59, 2009

s 93AG........................................... ad No 114, 2017

Subdivision C

Subdivision C heading ................... ad. No. 131, 2006

s. 93A............................................. ad. No. 81, 1977

am. No. 88, 1995; No. 131, 2006; No. 59, 2009; No 61, 2016; No

114, 2017

s. 94 ............................................... rep. No. 81, 1977

Subdivision D

Subdivision D heading................... ad. No. 131, 2006

s. 95 ............................................... rs. No. 81, 1977

am. No. 17, 1986; No. 222, 1992; No. 88, 1995; No. 36, 1998;

No. 131, 2006; No. 103, 2010; No 114, 2017

Division 3

Division 3 ...................................... ad. No. 131, 2006

rs No 114, 2017

s 95AA........................................... ad No 131, 2006

rs No 114, 2017

am No 49, 2019

s 95AB........................................... ad No 131, 2006

rs No 114, 2017

s 95AC........................................... ad No 131, 2006

rep No 114, 2017

s 95AD........................................... ad No 131, 2006

rep No 114, 2017

s 95AE ........................................... ad No 131, 2006

rep No 114, 2017

s 95AF ........................................... ad No 131, 2006

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Endnotes

Endnote 4—Amendment history

426 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

rep No 114, 2017

s. 95AG.......................................... ad. No. 131, 2006

am. No. 8, 2010

rep No 114, 2017

s 95AH........................................... ad No 131, 2006

rep No 114, 2017

s 95AI ............................................ ad No 131, 2006

rep No 114, 2017

s 95AJ ............................................ ad No 131, 2006

rep No 114, 2017

s 95AK........................................... ad No 131, 2006

rep No 114, 2017

s 95AL ........................................... ad No 131, 2006

rep No 114, 2017

s 95AM .......................................... ad No 131, 2006

rep No 114, 2017

s 95AN........................................... ad No 131, 2006

rep No 114, 2017

s 95AO........................................... ad No 131, 2006

rep No 114, 2017

s 95AP ........................................... ad No 131, 2006

rep No 114, 2017

s 95AQ........................................... ad No 131, 2006

rep No 114, 2017

s. 95AR.......................................... ad. No. 131, 2006

am. No. 8, 2010

rep No 114, 2017

s. 95AS .......................................... ad. No. 131, 2006

am. No. 8, 2010

rep No 114, 2017

s 95AT ........................................... ad No 131, 2006

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Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 427

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

rep No 114, 2017

s 95AU........................................... ad No 131, 2006

rep No 114, 2017

s 95AV........................................... ad No 131, 2006

rep No 114, 2017

s 95AW.......................................... ad No 131, 2006

rep No 114, 2017

s 95AX........................................... ad No 131, 2006

rep No 114, 2017

s 95AY........................................... ad. No. 131, 2006

am. No. 8, 2010

rep No 114, 2017

s 95AZ ........................................... ad. No. 131, 2006

rep No 114, 2017

s. 95AZA ....................................... ad. No. 131, 2006

rep No 114, 2017

s 95AZC......................................... ad No 131, 2006

rep No 114, 2017

s 95AZD ........................................ ad No 131, 2006

rep No 114, 2017

s 95AZE......................................... ad No 131, 2006

rep No 114, 2017

s. 95AZEA..................................... ad. No. 131, 2006

rep No 114, 2017

s. 95AZF........................................ ad. No. 131, 2006

rep No 114, 2017

s. 95AZFA ..................................... ad. No. 131, 2006

rep No 114, 2017

s 95AZG ........................................ ad No 131, 2006

rep No 114, 2017

s 95AZH ........................................ ad No 131, 2006

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

428 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

rep No 114, 2017

s 95AZI.......................................... ad No 131, 2006

rep No 114, 2017

s 95AZJ.......................................... ad No 131, 2006

rep No 114, 2017

s 95AZK ........................................ ad No 131, 2006

rep No 114, 2017

s. 95AZL........................................ ad. No. 131, 2006

am. No. 8, 2010

rep No 114, 2017

s. 95AZM....................................... ad. No. 131, 2006

am. No. 8, 2010

rep No 114, 2017

s. 95AZN ....................................... ad. No. 131, 2006

rep No 114, 2017

Part VIIA

Part VIIA ....................................... ad. No. 134, 2003

Division 1

ss. 95A–95F................................... ad. No. 134, 2003

Division 2

s. 95G............................................. ad. No. 134, 2003

Division 3

Subdivision A

s 95H.............................................. ad No 134, 2003

s 95J............................................... ad No 134, 2003

s 95K.............................................. ad No 134, 2003

s 95L.............................................. ad No 134, 2003

am No 49, 2019

s 95M............................................. ad No 134, 2003

s 95N.............................................. ad No 134, 2003

am No 4, 2016

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 429

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Subdivision B

s 95P .............................................. ad No 134, 2003

s 95Q.............................................. ad No 134, 2003

am No 4, 2016

Subdivision C

s 95R.............................................. ad No 134, 2003

s 95S .............................................. ad No 134, 2003

s 95T.............................................. ad No 134, 2003

am No 4, 2016

s 95U.............................................. ad No 134, 2003

s 95V.............................................. ad No 134, 2003

s 95W............................................. ad No 134, 2003

Division 4

s 95X.............................................. ad No 134, 2003

s 95Y.............................................. ad No 134, 2003

s 95Z.............................................. ad No 134, 2003

am No 4, 2016

ss. 95ZA–95ZD.............................. ad. No. 134, 2003

Division 5

ss. 95ZE–95ZG.............................. ad. No. 134, 2003

Division 6

s 95ZH ........................................... ad No 134, 2003

s 95ZI............................................. ad No 134, 2003

s 95ZJ ............................................ ad No 134, 2003

s 95ZK ........................................... ad No 134, 2003

am No 4, 2016

s 95ZL............................................ ad No 134, 2003

s 95ZM........................................... ad No 134, 2003

s 95ZN ........................................... ad No 134, 2003

s 95ZO ........................................... ad No 134, 2003

s 95ZP............................................ ad No 134, 2003

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

430 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am No 4, 2016

s 95ZPA......................................... ad No 91, 2017

s 95ZQ ........................................... ad No 134, 2003

am No 4, 2016

Part VIII

s. 96 ............................................... am. No. 88, 1995; No 114, 2017

s. 96A............................................. ad. No. 88, 1995

s. 97 ............................................... am. No. 88, 1995

s. 100 ............................................. am. No. 88, 1976; No. 88, 1995

Part IX

Division 1

Division 1 heading......................... rs No 131, 2006; No 114, 2017

s. 101 ............................................. am. No. 88, 1976; No. 81, 1977; No. 17, 1986; No. 88, 1995;

No. 101, 1998; No. 131, 2006; No. 59, 2009; No. 185, 2011; No 114,

2017

s. 101A........................................... ad. No. 81, 1977

am. No. 88, 1995; No. 131, 2006; No 114, 2017

s 101B............................................ ad No 114, 2017

s. 102 ............................................. rs. No. 81, 1977

am. No. 222, 1992; No. 88, 1995; No. 101, 1998; No. 131, 2006; No

114, 2017

Division 2

s. 102A........................................... ad. No. 131, 2006

rep No 114, 2017

s. 103 ............................................. am. No. 131, 2006

s. 104 ............................................. am. No. 88, 1995

s. 109 ............................................. am. No. 81, 1977; No. 88, 1995; No. 131, 2006; No 114, 2017

s. 110 ............................................. am. No. 88, 1976

Division 3 ...................................... ad. No. 131, 2006

rep No 114, 2017

s. 111 ............................................. am. No. 88, 1976

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 431

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

rep. No. 34, 1989

ad. No. 131, 2006

rep No 114, 2017

s 112 .............................................. rep No 34, 1989

ad No 131, 2006

rep No 114, 2017

s 113 .............................................. rep No 34, 1989

ad No 131, 2006

rep No 114, 2017

s 114 .............................................. rep No 34, 1989

ad No 131, 2006

rep No 114, 2017

s 115 .............................................. rep No 34, 1989

ad No 131, 2006

rep No 114, 2017

s 116 .............................................. rep No 34, 1989

ad No 131, 2006

rep No 114, 2017

s 117 .............................................. rep No 34, 1989

ad No 131, 2006

rep No 114, 2017

s 118 .............................................. rep No 34, 1989

ad No 131, 2006

rep No 114, 2017

s 119 .............................................. rep No 34, 1989

ad No 131, 2006

rep No 114, 2017

Part X

Part X............................................. rs. No. 34, 1989

Division 1

s. 10.01........................................... ad. No. 34, 1989

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

432 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 123, 2000

s. 10.01A........................................ ad. No. 123, 2000

am. No. 59, 2009

s. 10.02........................................... ad. No. 34, 1989

am. No. 173, 1991; No. 123, 2000

s. 10.02A........................................ ad. No. 123, 2000

am. No. 109, 2006

s. 10.03........................................... ad. No. 34, 1989

am. No. 123, 2000; No. 109, 2006

Division 2

s. 10.04........................................... ad. No. 34, 1989

s. 10.05........................................... ad. No. 34, 1989

rep. No. 123, 2000

Division 3

ss. 10.06, 10.07 .............................. ad. No. 34, 1989

am. No. 123, 2000

s. 10.08........................................... ad. No. 34, 1989

am. No. 123, 2000; No. 59, 2009; No 114, 2017

s. 10.09........................................... ad. No. 34, 1989

Division 4

s. 10.10........................................... ad. No. 34, 1989

s. 10.11........................................... ad. No. 34, 1989

am. No. 123, 2000

s. 10.12........................................... ad. No. 34, 1989

s. 10.13........................................... ad. No. 34, 1989

am. No. 123, 2000

Division 5

Subdivision A

s. 10.14........................................... ad. No. 34, 1989

rs. No. 123, 2000

s. 10.15........................................... ad. No. 34, 1989

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 433

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 123, 2000

s. 10.15A........................................ ad. No. 123, 2000

rep. No. 123, 2000

s. 10.16........................................... ad. No. 34, 1989

am. No. 123, 2000

s. 10.17........................................... ad. No. 34, 1989

am. No. 123, 2000; No. 59, 2009

s. 10.17A........................................ ad. No. 173, 1991

rs. No. 123, 2000

am. No. 59, 2009

s. 10.18........................................... ad. No. 34, 1989

am. No. 123, 2000

s. 10.18A........................................ ad. No. 173, 1991

rs. No. 123, 2000

Subdivision B

s. 10.19........................................... ad. No. 34, 1989

am. No. 123, 2000; No. 59, 2009

s. 10.20........................................... ad. No. 34, 1989

am. No. 123, 2000

s. 10.21........................................... ad. No. 34, 1989

s. 10.21A........................................ ad. No. 123, 2000

rep. No. 123, 2000

Subdiv. C of Div. 5 of....................

Part X

rep. No. 123, 2000

ss. 10.22, 10.23 .............................. ad. No. 34, 1989

rep. No. 123, 2000

Subdivision D

s. 10.24........................................... ad. No. 34, 1989

am. No. 123, 2000; No. 59, 2009

s. 10.24A........................................ ad. No. 123, 2000

am. No. 7, 2003; No. 59, 2009

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

434 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Division 6

Subdivision A

ss. 10.25, 10.26 .............................. ad. No. 34, 1989

s. 10.27........................................... ad. No. 34, 1989

am. No. 173, 1991; No. 123, 2000

s. 10.27A........................................ ad. No. 123, 2000

ss. 10.28, 10.29 .............................. ad. No. 34, 1989

am. No. 123, 2000

Subdivision B

ss. 10.30, 10.31 .............................. ad. No. 34, 1989

s. 10.32........................................... ad. No. 34, 1989

am. No. 173, 1991

s. 10.33........................................... ad. No. 34, 1989

am. No. 123, 2000

Subdivision C

ss. 10.34–10.36 .............................. ad. No. 34, 1989

s. 10.37........................................... ad. No. 34, 1989

am. No. 123, 2000

s. 10.38........................................... ad. No. 34, 1989

Subdivision D

s. 10.39........................................... ad. No. 34, 1989

am. No. 173, 1991

s. 10.40........................................... ad. No. 34, 1989

am. No. 123, 2000

Division 7

s. 10.41........................................... ad. No. 34, 1989

am. No. 123, 2000

s. 10.42........................................... ad. No. 34, 1989

am. No. 173, 1991

s. 10.43........................................... ad. No. 34, 1989

am. No. 123, 2000

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 435

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Division 8

s. 10.44........................................... ad. No. 34, 1989

am. No. 123, 2000

s. 10.45........................................... ad. No. 34, 1989

am. No. 123, 2000; No. 59, 2009

ss. 10.46, 10.47 .............................. ad. No. 34, 1989

am. No. 123, 2000

s. 10.48........................................... ad. No. 34, 1989

am. No. 123, 2000

s. 10.49........................................... ad. No. 34, 1989

s. 10.49A........................................ ad. No. 123, 2000

Division 9

s. 10.50–10.53................................ ad. No. 34, 1989

am. No. 123, 2000

Division 10

s. 10.54........................................... ad. No. 34, 1989

ss. 10.55, 10.56 .............................. ad. No. 34, 1989

am. No. 123, 2000

s. 10.57........................................... ad. No. 34, 1989

s. 10.58........................................... ad. No. 34, 1989

am. No. 123, 2000

ss. 10.59, 10.60 .............................. ad. No. 34, 1989

Division 11

s. 10.61........................................... ad. No. 34, 1989

s. 10.62........................................... ad. No. 34, 1989

am. No. 123, 2000

ss. 10.63, 10.64 .............................. ad. No. 34, 1989

am. No. 123, 2000

s. 10.65........................................... ad. No. 34, 1989

ss. 10.66, 10.67 .............................. ad. No. 34, 1989

am. No. 123, 2000

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

436 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Division 12

s 10.68 ........................................... ad No 34, 1989

am No 4, 2016; No 61, 2016

s 10.69 ........................................... ad No 34, 1989

s 10.70 ........................................... ad No 34, 1989

s 10.71 ........................................... ad No 34, 1989

s 10.72 ........................................... ad No 34, 1989

Division 12A

Div. 12A of Part X......................... ad. No. 123, 2000

s. 10.72A........................................ ad. No. 123, 2000

am. No. 123, 2000; No. 109, 2006; No 126, 2015

ss. 10.72B–10.72D......................... ad. No. 123, 2000

Division 13

ss. 10.73–10.76 .............................. ad. No. 34, 1989

Division 14

ss. 10.77–10.79 .............................. ad. No. 34, 1989

s. 10.80........................................... ad. No. 34, 1989

am. No. 146, 1999

s. 10.81........................................... ad. No. 34, 1989

am. No. 123, 2000

s. 10.82........................................... ad. No. 34, 1989

Division 14A

Div. 14A of Part X......................... ad. No. 123, 2000

ss. 10.82A–10.82C......................... ad. No. 123, 2000

Division 14B

Div. 14B of Part X ......................... ad. No. 123, 2000

ss. 10.82D–10.82G......................... ad. No. 123, 2000

Division 15

s 10.83 ........................................... ad No 34, 1989

s 10.84 ........................................... ad No 34, 1989

s 10.85 ........................................... ad No 34, 1989

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 437

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 10.86 ........................................... ad No 34, 1989

ed C105

ss. 10.87, 10.88 .............................. ad. No. 34, 1989

am. No. 123, 2000

s. 10.89........................................... ad. No. 34, 1989

s. 10.90........................................... ad. No. 34, 1989

am. No. 173, 1991; No. 123, 2000

s. 10.91........................................... ad. No. 34, 1989

am. No. 131, 2006

ss. 10.92, 10.93 .............................. ad. No. 34, 1989

rep. No. 123, 2000

ss. 120–129 .................................... rep. No. 34, 1989

Part XI

Part XI ........................................... rep. No. 88, 1995

ad. No. 44, 2010

rs. No. 103, 2010

Division 1

s. 130 ............................................. rep. No. 34, 1989

ad. No. 44, 2010

rs. No. 103, 2010

am No 24, 2016

s. 130A........................................... ad. No. 103, 2010

Division 2

Subdivision A

s. 131 ............................................. rep. No. 34, 1989

ad. No. 44, 2010

rs. No. 103, 2010

am. No. 184, 2011; No 114, 2017; No 132, 2018

s 131A............................................ ad No 103, 2010

am No 133, 2018

s 131B............................................ ad No 103, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

438 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 131C............................................ ad No 103, 2010

Subdivision B

s 131D............................................ ad No 103, 2010

s 131E ............................................ ad No 103, 2010

am No 126, 2015

s 131F ............................................ ad No 103, 2010

s 131G............................................ ad No 103, 2010

Division 3

Subdivision A

s. 132 ............................................. rep. No. 34, 1989

ad. No. 44, 2010

rs. No. 103, 2010

ss. 132A–132D .............................. ad. No. 103, 2010

Subdivision B

ss. 132E–132G............................... ad. No. 103, 2010

Subdivision C

s. 132H........................................... ad. No. 103, 2010

Subdivision D

ss. 132J, 132K................................ ad. No. 103, 2010

Division 4

Subdivision A

s. 133 ............................................. rep. No. 34, 1989

ad. No. 44, 2010

rs. No. 103, 2010

s. 133A........................................... ad. No. 103, 2010

Subdivision B

ss. 133B, 133C............................... ad. No. 103, 2010

Subdivision C

s 133D............................................ ad No 103, 2010

am No 132, 2018

s 133E ............................................ ad No 103, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 439

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 133F ............................................ ad No 103, 2010

s 133G............................................ ad No 103, 2010

Subdivision D

s. 133H........................................... ad. No. 103, 2010

s. 133J............................................ ad. No. 103, 2010

Division 5

s. 134 ............................................. rep. No. 34, 1989

ad. No. 44, 2010

rs. No. 103, 2010

s 134A............................................ ad No 103, 2010

am No 133, 2018

s 134B............................................ ad No 103, 2010

s 134C............................................ ad No 103, 2010

am No 133, 2018

s 134D............................................ ad No 103, 2010

s 134E ............................................ ad No 103, 2010

s 134F ............................................ ad No 103, 2010

s 134G............................................ ad No 103, 2010

Division 6

Subdivision A

s. 135 ............................................. rep. No. 34, 1989

ad. No. 44, 2010

rs. No. 103, 2010

ss. 135A–135G .............................. ad. No. 103, 2010

Subdivision B

s. 135H........................................... ad. No. 103, 2010

s. 135J............................................ ad. No. 103, 2010

Subdivision C

ss. 135K–135N .............................. ad. No. 103, 2010

s. 135P ........................................... ad. No. 103, 2010

Subdivision D

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

440 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

ss. 135Q, 135R............................... ad. No. 103, 2010

Subdivision E

ss. 135S–135Y............................... ad. No. 103, 2010

Subdivision F

s. 135Z ........................................... ad. No. 103, 2010

s. 136 ............................................. rep. No. 34, 1989

ad. No. 44, 2010

rs. No. 103, 2010

s. 136A........................................... ad. No. 103, 2010

Subdivision G

s. 136B........................................... ad. No. 103, 2010

Division 7

s. 137 ............................................. am. No. 88, 1976

rep. No. 34, 1989

ad. No. 44, 2010

rs. No. 103, 2010

s 137A............................................ ad No 103, 2010

s 137B............................................ ad No 103, 2010

s 137C............................................ ad No 103, 2010

s 137D............................................ ad No 103, 2010

am No 147, 2015

s 137E ............................................ ad No 103, 2010

s 137F ............................................ ad No 103, 2010

am No 147, 2015

s 137G............................................ ad No 103, 2010

s 137H............................................ ad No 103, 2010

am No 132, 2018

Division 8

s. 138 ............................................. rep. No. 34, 1989

ad. No. 44, 2010

rs. No. 103, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 441

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 13, 2013

s. 138A........................................... ad. No. 103, 2010

am. No. 13, 2013

s. 138B........................................... ad. No. 103, 2010

am No 114, 2017

s. 138C........................................... ad. No. 103, 2010

am No 114, 2017

s. 138D........................................... ad. No. 103, 2010

am No 114, 2017

s. 138E ........................................... ad. No. 103, 2010

am No 114, 2017

Division 9

s. 139 ............................................. rep. No. 34, 1989

ad. No. 44, 2010

rs. No. 103, 2010

s. 139A........................................... ad. No. 103, 2010

s. 139B........................................... ad. No. 103, 2010

s. 139C........................................... ad. No. 103, 2010

am. No. 136, 2012

s. 139D........................................... ad. No. 103, 2010

s. 139DA........................................ ad. No. 103, 2010

s 139E ............................................ ad No 103, 2010

s 139F ............................................ ad No 103, 2010

s 139G............................................ ad No 103, 2010

am No 147, 2015

Part XIAA

Part XIAA...................................... ad. No. 61, 1999

rep. No. 111, 2009

ad. No. 103, 2010

s. 140 ............................................. am. No. 88, 1976

rep. No. 34, 1989

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

442 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

ad. No. 44, 2010

rs. No. 103, 2010

ss. 140A–140H .............................. ad. No. 103, 2010

ss. 140J, 140K................................ ad. No. 103, 2010

ss. 141–143 .................................... rep. No. 34, 1989

ad. No. 44, 2010

rep. No. 103, 2010

ss. 144–146 .................................... rep. No. 34, 1989

ss. 147, 148 .................................... rep. No. 88, 1995

s. 149 ............................................. am. No. 88, 1976; No. 81, 1977

rep. No. 88, 1995

s. 150 ............................................. rep. No. 173, 1991

Part XIA

Part XIA......................................... ad. No. 88, 1995

s. 150A........................................... ad. No. 88, 1995

am. No. 61, 1999; No. 131, 2006; No. 44, 2010

ss. 150B, 150C............................... ad. No. 88, 1995

s. 150D........................................... ad. No. 88, 1995

am. No. 57, 2000

s. 150E ........................................... ad. No. 88, 1995

s. 150F ........................................... ad. No. 88, 1995

rs. No. 131, 2006

ss. 150FA, 150FB .......................... ad. No. 131, 2006

ss. 150G–150I................................ ad. No. 88, 1995

s. 150J............................................ ad. No. 88, 1995

am. No. 131, 2006; No 114, 2017

s. 150K........................................... ad. No. 88, 1995

ss. 150L–150N............................... ad. No. 61, 1999

rep. No. 111, 2009

s. 150O........................................... ad. No. 61, 1999

am. No. 57, 2000

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 443

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

rep. No. 111, 2009

ss. 150P–150T................................ ad. No. 61, 1999

rep. No. 111, 2009

s. 151 ............................................. rep. No. 173, 1991

Part XIB

Part XIB......................................... ad. No. 58, 1997

Division 1

s. 151AA........................................ ad. No. 58, 1997

am. No. 52, 1999; No. 140, 2002

s. 151AB ........................................ ad. No. 58, 1997

am. No. 52, 1999; No. 140, 2002; No. 45, 2005; No. 23, 2011

s. 151AC ........................................ ad. No. 58, 1997

am No 33, 2016

s. 151AD........................................ ad. No. 58, 1997

s. 151AE ........................................ ad. No. 58, 1997

s. 151AF ........................................ ad. No. 58, 1997

am. No. 140, 2010

s. 151AG........................................ ad. No. 58, 1997

s. 151AH........................................ ad. No. 58, 1997

am. No. 159, 2007

s. 151AI ......................................... ad. No. 58, 1997

Division 2

s. 151AJ ......................................... ad. No. 58, 1997

am. No. 200, 1997; No. 52, 1999; No. 131, 2006; No. 159, 2007;

No. 59, 2009; No. 140, 2010; No. 23, 2011; No 87, 2017

s. 151AK........................................ ad. No. 58, 1997

Division 3

Subdivision A

s. 151AKA..................................... ad. No. 52, 1999

am. No. 140, 2002; No. 140, 2010

s. 151AL ........................................ ad. No. 58, 1997

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

444 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 200, 1997; No. 52, 1999

s. 151AM ....................................... ad. No. 58, 1997

am. No. 200, 1997

s. 151AN........................................ ad. No. 58, 1997

am. No. 200, 1997; No. 52, 1999

s. 151AO........................................ ad. No. 58, 1997

am. No. 52, 1999

ss. 151AOA, 151AOB ................... ad. No. 52, 1999

s. 151AP ........................................ ad. No. 58, 1997

am. No. 140, 2002

s. 151AQ........................................ ad. No. 58, 1997

s. 151AQA..................................... ad. No. 52, 1999

am. No. 194, 1999; No. 13, 2013

s. 151AQB ..................................... ad. No. 52, 1999

am. No. 46, 2001; No. 140, 2002

s. 151AR ........................................ ad. No. 58, 1997

Subdivision B

ss. 151AS, 151AT.......................... ad. No. 58, 1997

s. 151AU........................................ am. No. 140, 2002

ss. 151AV–151AX......................... ad. No. 58, 1997

s. 151AY........................................ ad. No. 58, 1997

am. No. 131, 2006; No. 59, 2009

s. 151AZ ........................................ ad. No. 58, 1997

s. 151BA........................................ ad. No. 58, 1997

s. 151BB ........................................ ad. No. 58, 1997

s. 151BC ........................................ ad. No. 58, 1997

am. No. 169, 2012; No 87, 2017

s. 151BD........................................ ad. No. 58, 1997

s. 151BE ........................................ ad. No. 58, 1997

s. 151BF......................................... ad. No. 58, 1997

s. 151BG........................................ ad. No. 58, 1997

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 445

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 151BH........................................ ad. No. 58, 1997

s. 151BI.......................................... ad. No. 58, 1997

rep. No. 146, 2001

Subdivision C

s. 151BJ ......................................... ad. No. 58, 1997

Division 4

ss. 151BK–151BR ......................... ad. No. 58, 1997

s. 151BS......................................... ad. No. 58, 1997

rep. No. 146, 2001

s. 151BT ........................................ ad. No. 58, 1997

Division 5

s. 151BTA...................................... ad. No. 58, 1997

am. No. 146, 2001; No. 140, 2010

Division 6

Heading to Div. 6 of ......................

Part XIB

rs. No. 52, 1999

s. 151BU........................................ ad. No. 58, 1997

am. No. 52, 1999; No. 23, 2011

s 151BUAA ................................... ad. No. 140, 2002

am. No. 46, 2011; No 10, 2015; No 126, 2015

s. 151BUAAA................................ ad. No. 140, 2002

rep. No. 140, 2010

s. 151BUAB................................... ad. No. 140, 2002

s. 151BUA ..................................... ad. No. 52, 1999

am No 52, 1999; No 146, 2001; No 23, 2011; No 46, 2011; No 4,

2016

s. 151BUB ..................................... ad. No. 52, 1999

am No 52, 1999; No 146, 2001; No 23, 2011; No 46, 2011; No 4,

2016

s. 151BUC ..................................... ad. No. 52, 1999

am. No. 52, 1999; No. 146, 2001; No 23, 2011; No 46, 2011; No 4,

2016

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

446 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 151BUD ..................................... ad. No. 52, 1999

am No 46, 2011; No 103, 2013; No 126, 2015

s. 151BUDA .................................. ad. No. 140, 2002

am. No. 46, 2011; No 4, 2016

s. 151BUDB................................... ad. No. 140, 2002

am. No. 46, 2011; No 4, 2016

s. 151BUDC................................... ad. No. 140, 2002

am. No. 46, 2011; No 4, 2016

s. 151BUE...................................... ad. No. 52, 1999

am. No. 8, 2010

s. 151BUF...................................... ad. No. 52, 1999

s. 151BV........................................ ad. No. 58, 1997

am. No. 146, 2001; No 4, 2016

Division 7

Heading to Div. 7 of ......................

Part XIB

rs. No. 52, 1999

s. 151BW ....................................... ad. No. 58, 1997

am. No. 52, 1999

s. 151BX........................................ ad. No. 58, 1997

am. No. 52, 1999; No. 119, 2005

s. 151BY........................................ ad. No. 58, 1997

am. No. 52, 1999

s. 151BZ ........................................ ad. No. 58, 1997

am. No. 52, 1999; No. 146, 2001; No. 59, 2009

ss. 151CA–151CC ......................... ad. No. 58, 1997

am. No. 52, 1999

s. 151CD........................................ ad. No. 58, 1997

s. 151CE ........................................ ad. No. 58, 1997

am. No. 52, 1999

s. 151CF......................................... ad. No. 58, 1997

Division 8

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Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 447

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 151CG........................................ ad. No. 58, 1997

Division 9

s. 151CH........................................ ad. No. 58, 1997

Division 10

s. 151CI.......................................... ad. No. 58, 1997

am. No. 52, 1999

s. 151CJ ......................................... ad. No. 58, 1997

am. No. 140, 2002

s. 151CK........................................ ad. No. 58, 1997

Division 11

s. 151CL ........................................ ad. No. 58, 1997

Division 12

s. 151CM ....................................... ad. No. 58, 1997

am. No. 52, 1999; No. 46, 2001; No. 111, 2009; No 38, 2015

Division 12A

Div. 12A of Part XIB ..................... ad. No. 52, 1999

s 151CMA ..................................... ad. No. 52, 1999

am No 10, 2015

s 151CMB...................................... ad. No. 52, 1999

am No 10, 2015

s 151CMC...................................... ad. No. 52, 1999

am No 10, 2015

Division 13 .................................... rep No 109, 2014

s. 151CN........................................ ad. No. 58, 1997

rep No 109, 2014

Division 14 .................................... ad No 119, 2005

rep No 140, 2010

rs No 140, 2010

s. 151CP......................................... ad No 119, 2005

rep No 140, 2010

rs No 140, 2010

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Endnotes

Endnote 4—Amendment history

448 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Division 15

Div. 15 of Part XIB........................ ad. No. 140, 2010

s. 151CQ........................................ ad. No. 140, 2010

Division 16

Div. 16 of Part XIB........................ ad. No. 23, 2011

s. 151DA........................................ ad. No. 23, 2011

s. 151DB........................................ ad. No. 23, 2011

(2A) exp (s 151DB(2B))

s. 151DC........................................ ad. No. 23, 2011

rep No 109, 2014

s. 151DD........................................ ad. No. 23, 2011

rep No 109, 2014

s. 152 ............................................. rep. No. 173, 1991

Part XIC

Part XIC......................................... ad. No. 58, 1997

Division 1

s. 152AA........................................ ad. No. 58, 1997

am. No. 140, 2002; No. 140, 2010; No. 23, 2011

s. 152AB ........................................ ad. No. 58, 1997

am. No. 119, 2005

s. 152AC ........................................ ad. No. 58, 1997

am. No. 52, 1999; No. 140, 2002; Nos. 45 and 119, 2005; No. 140,

2010; No. 23, 2011; No 109, 2014

s. 152AD........................................ ad. No. 58, 1997

s. 152AE ........................................ ad. No. 58, 1997

am No 33, 2016

s. 152AF ........................................ ad. No. 58, 1997

am. No. 140, 2010

s. 152AG........................................ ad. No. 58, 1997

am. No. 23, 2011

s. 152AGA..................................... ad. No. 23, 2011

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Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 449

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 136, 2012

s. 152AH........................................ ad. No. 58, 1997

s. 152AI ......................................... ad. No. 58, 1997

rep. No. 140, 2002

ad. No. 140, 2010

ss. 152AJ, 152AK .......................... ad. No. 58, 1997

Division 2

s. 152AL ........................................ ad. No. 58, 1997

am. No. 140, 2002; No. 7, 2008; No. 23, 2011; No 126, 2015

s. 152ALA ..................................... ad. No. 140, 2002

am. No. 7, 2008; No. 140, 2010; No. 23, 2011; No 126, 2015

s. 152AM ....................................... ad. No. 58, 1997

am. No. 140, 2002; No. 45, 2005; No. 140, 2010; No. 23, 2011

s. 152AN........................................ ad. No. 58, 1997

am. No. 52, 1999; No. 140, 2002; No. 23, 2011

s. 152AO........................................ ad. No. 58, 1997

am. No. 140, 2002; No. 119, 2005; No. 23, 2011

s. 152AP ........................................ ad. No. 58, 1997

rep. No. 140, 2002

s. 152AQ........................................ ad. No. 58, 1997

am. No. 140, 2002; No. 140, 2010; No. 23, 2011

s. 152AQA..................................... ad. No. 124, 2001

am. No. 140, 2002

rep. No. 140, 2010

s. 152AQB ..................................... ad. No. 140, 2002

am. No. 45, 2005

rep. No. 140, 2010

s. 152AQC ..................................... ad. No. 7, 2008

Division 3

Subdivision A

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Endnotes

Endnote 4—Amendment history

450 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Heading to Subdiv. A of ................

Div. 3 of Part XIC

ad. No. 23, 2011

s. 152AR ........................................ ad. No. 58, 1997

am. No. 140, 2002; No. 140, 2010; No 23, 2011; No 46, 2011; No

126, 2015

ss. 152ARA, 152ARB.................... ad. No. 23, 2011

s. 152AS ........................................ ad. No. 58, 1997

am. No. 140, 2002; No. 119, 2005

rep. No. 140, 2010

s. 152ASA...................................... ad. No. 140, 2002

am. No. 119, 2005; No. 140, 2010; No. 23, 2011

s. 152AT ........................................ ad. No. 58, 1997

am. No. 140, 2002; No. 119, 2005; No. 8, 2010

rep. No. 140, 2010

s. 152ATA ..................................... ad. No. 140, 2002

am. No. 119, 2005; Nos. 8 and 140, 2010; No. 23, 2011

s. 152AU........................................ ad. No. 58, 1997

am. No. 140, 2002; No. 119, 2005; No. 140, 2010

s. 152AV........................................ ad. No. 58, 1997

am. No. 140, 2002

rep. No. 140, 2010

s. 152AW....................................... ad. No. 58, 1997

rs. No. 140, 2002

am. No. 8, 2010

rep. No. 140, 2010

s. 152AX........................................ ad. No. 58, 1997

am. No. 140, 2002

rep. No. 140, 2010

s. 152AXA..................................... ad. No. 140, 2002

am. No. 140, 2010

Subdivision B

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 451

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Subdiv. B of Div. 3 of....................

Part XIC

ad. No. 23, 2011

ss. 152AXB–152AXD ................... ad. No. 23, 2011

Subdivision C

Heading to Subdiv. C of.................

Div. 3 of Part XIC

ad. No. 23, 2011

s. 152AY........................................ ad. No. 58, 1997

rs. No. 140, 2010

s. 152AYA..................................... ad. No. 52, 1999

s. 152AZ ........................................ ad. No. 58, 1997

am. No. 52, 1999; No. 23, 2011

s. 152BA........................................ ad. No. 58, 1997

am. No. 52, 1999; No. 23, 2011

s. 152BB ........................................ ad. No. 58, 1997

am. No. 52, 1999; No. 119, 2005; No. 23, 2011

s. 152BBAA................................... ad. No. 119, 2005

am. No. 140, 2010

ss. 152BBA, 152BBB .................... ad. No. 52, 1999

s. 152BBC...................................... ad. No. 52, 1999

am. No. 140, 2010

s. 152BBD ..................................... ad. No. 124, 2001

am. No. 23, 2011

Division 4

Div. 4 of Part XIC.......................... rs. No. 140, 2010

Subdivision A

Subdiv. A of Div. 4 of....................

Part XIC

rep. No. 140, 2002

ad. No. 140, 2010

s. 152BC ........................................ ad. No. 58, 1997

rep. No. 140, 2002

ad. No. 140, 2010

am. No. 23, 2011; No. 136, 2012

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Endnotes

Endnote 4—Amendment history

452 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 152BCA ..................................... ad. No. 140, 2010

s. 152BCB...................................... ad. No. 140, 2010

am. No. 23, 2011

s. 152BCC...................................... ad. No. 140, 2010

s. 152BCCA................................... ad. No. 140, 2010

ss. 152BCD, 152BCE .................... ad. No. 140, 2010

s. 152BCF...................................... ad. No. 140, 2010

am. No. 23, 2011

s. 152BCG ..................................... ad. No. 140, 2010

s. 152BCGA................................... ad. No. 140, 2010

Subdivision B

Heading to Subdiv. B of.................

Div. 4 of Part XIC

rep. No. 140, 2002

ad. No. 140, 2010

ss. 152BCH–152BCJ ..................... ad. No. 140, 2010

s. 152BCK ..................................... ad. No. 140, 2010

am. No. 23, 2011

Subdivision C

Subdiv. C of Div. 4 of....................

Part XIC

rep. No. 140, 2002

ad. No. 140, 2010

s. 152BCN ..................................... ad. No. 140, 2010

Subdivision D

Heading to Subdiv. D of ................

Div. 4 of Part XIC

rep. No. 140, 2002

ad. No. 140, 2010

ss. 152BCO, 152BCP..................... ad. No. 140, 2010

Subdivision E

ss. 152BCQ–152BCV.................... ad. No. 140, 2010

Subdivision F

s. 152BCW..................................... ad. No. 140, 2010

Division 4A

Div. 4A of Part XIC....................... ad. No. 140, 2010

Subdivision A

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 453

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 152BD........................................ ad. No. 58, 1997

rep. No. 140, 2002

ad. No. 140, 2010

am. No. 23, 2011

s. 152BDAA .................................. ad. No. 140, 2010

s. 152BDA ..................................... ad. No. 140, 2010

am. No. 23, 2011

ss. 152BDB, 152BDC.................... ad. No. 140, 2010

s. 152BDCA................................... ad. No. 140, 2010

ss. 152BDD, 152BDE.................... ad. No. 140, 2010

s. 152BDEA................................... ad. No. 140, 2010

Subdivision B

ss. 152BDF, 152BDG .................... ad. No. 140, 2010

Subdivision C

ss. 152BDH–152BDM................... ad. No. 140, 2010

Subdivision D

s. 152BDN ..................................... ad. No. 140, 2010

Division 4B

Div. 4B of Part XIC ....................... ad. No. 140, 2010

s. 152BE ........................................ ad. No. 58, 1997

rep. No. 140, 2002

ad. No. 140, 2010

am. No. 23, 2011

s 152BEA....................................... ad. No. 140, 2010

rs No 109, 2014

s 152BEB....................................... ad. No. 140, 2010

rs No 109, 2014

ss. 152BEBA–152BEBG ............... ad. No. 23, 2011

ss. 152BEC, 152BED..................... ad. No. 140, 2010

am. No. 23, 2011

ss. 152BF–152BI ........................... ad. No. 58, 1997

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Endnotes

Endnote 4—Amendment history

454 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

rep. No. 140, 2002

s. 152BJ ......................................... ad. No. 58, 1997

rs. No. 140, 2002

rep. No. 140, 2010

s. 152BK........................................ ad. No. 58, 1997

am. No. 140, 2002

rep. No. 140, 2010

s. 152BL ........................................ ad. No. 58, 1997

am. No. 140, 2002

rep. No. 140, 2010

s. 152BM ....................................... ad. No. 58, 1997

am. No. 140, 2002; No. 45, 2005

rep. No. 140, 2010

s. 152BN........................................ ad. No. 58, 1997

am. No. 140, 2002; No. 45, 2005

rep. No. 140, 2010

s. 152BO........................................ ad. No. 58, 1997

rep. No. 140, 2002

ss. 152BP, 152BQ.......................... ad. No. 58, 1997

rep. No. 140, 2002

s. 152BR ........................................ ad. No. 58, 1997

am. No. 140, 2002

rep. No. 140, 2010

Division 5

Heading to Subdiv. A of ................

Div. 5 of Part XIC

ad. No. 140, 2002

rep. No. 140, 2010

Subdiv. A of Div. 5 of....................

Part XIC

rep. No. 140, 2010

s. 152BS......................................... ad. No. 58, 1997

am. No. 140, 2002

rep. No. 140, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 455

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 152BT ........................................ ad. No. 58, 1997

am. No. 140, 2002; No. 119, 2005

rep. No. 140, 2010

s. 152BU........................................ ad. No. 58, 1997

am. No. 140, 2002; No. 119, 2005; No. 8, 2010

rep. No. 140, 2010

ss. 152BV–152BX ......................... ad. No. 58, 1997

am. No. 140, 2002

rep. No. 140, 2010

s. 152BY........................................ ad. No. 58, 1997

am. No. 140, 2002; No. 119, 2005; No. 8, 2010

rep. No. 140, 2010

s. 152BZ ........................................ ad. No. 58, 1997

am. No. 140, 2002; No. 119, 2005

rep. No. 140, 2010

ss. 152CA, 152CB ......................... ad. No. 58, 1997

am. No. 140, 2002

rep. No. 140, 2010

Subdivision B

Subdiv. B of Div. 5 of....................

Part XIC

ad. No. 140, 2002

s. 152CBA ..................................... ad. No. 140, 2002

am. No. 140, 2010; No. 23, 2011

s. 152CBAA................................... ad. No. 140, 2010

s. 152CBB...................................... ad. No. 140, 2002

am. No. 119, 2005

s. 152CBC...................................... ad. No. 140, 2002

am. No. 119, 2005; Nos. 8 and 140, 2010

s. 152CBCA................................... ad. No. 140, 2010

s. 152CBD ..................................... ad. No. 140, 2002

am. No. 140, 2010; No. 23, 2011

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

456 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 152CBDA................................... ad. No. 140, 2010

s. 152CBE...................................... ad. No. 140, 2002

s. 152CBF...................................... ad. No. 140, 2002

am. No. 23, 2011

s. 152CBG ..................................... ad. No. 140, 2002

am. No. 119, 2005; Nos. 8 and 140, 2010

s. 152CBH ..................................... ad. No. 140, 2002

am. No. 119, 2005

s. 152CBI....................................... ad. No. 140, 2002

am. No. 23, 2011

ss. 152CBIA–152CBIC.................. ad. No. 140, 2010

s. 152CBJ....................................... ad. No. 140, 2002

Subdivision C

Heading to Subdiv. C of.................

Div. 5 of Part XIC

ad. No. 140, 2002

s. 152CC ........................................ ad. No. 58, 1997

am. No. 140, 2010

s. 152CD........................................ ad. No. 58, 1997

am. No. 140, 2002

s. 152CDA ..................................... ad. No. 119, 2005

s. 152CE ........................................ ad. No. 58, 1997

am. No. 140, 2002

rep. No. 140, 2010

s. 152CF......................................... ad. No. 58, 1997

rs. No. 140, 2002

am. No. 8, 2010

rep. No. 140, 2010

s. 152CG........................................ ad. No. 58, 1997

am. No. 140, 2002

rep. No. 140, 2010

ss. 152CGA, 152CGB.................... ad. No. 140, 2002

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 457

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

rep. No. 140, 2010

Division 6

s. 152CH........................................ ad. No. 58, 1997

am. No. 140, 2002; No. 140, 2010; No. 103, 2013

s. 152CI.......................................... ad. No. 58, 1997

am. No. 140, 2002; No. 140, 2010

s. 152CJ ......................................... ad. No. 58, 1997

am. No. 140, 2010

Division 6A

Div. 6A of Part XIC....................... ad. No. 23, 2011

ss. 152CJA–152CJG ...................... ad. No. 23, 2011

Division 6B

Div. 6B of Part XIC ....................... ad. No. 23, 2011

s. 152CJH ...................................... ad. No. 23, 2011

am. No. 23, 2011

Division 7

s. 152CK........................................ ad. No. 58, 1997

am. No. 140, 2002; No. 23, 2011

Div. 8 of Part XIC.......................... rep. No. 140, 2010

s. 152CL ........................................ ad. No. 58, 1997

am. No. 52, 1999

rep. No. 140, 2010

s. 152CLA...................................... ad. No. 124, 2001

am. No. 140, 2002; No. 119, 2005; No. 8, 2010

rep. No. 140, 2010

s. 152CM ....................................... ad. No. 58, 1997

rep. No. 140, 2010

s. 152CN........................................ ad. No. 58, 1997

am. No. 52, 1999; No. 124, 2001

rep. No. 140, 2010

ss. 152CO, 152CP.......................... ad. No. 58, 1997

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

458 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

rep. No. 140, 2010

s. 152CPA...................................... ad. No. 52, 1999

am. No. 124, 2001; No. 119, 2005

rep. No. 140, 2010

s. 152CQ........................................ ad. No. 58, 1997

am. No. 140, 2002

rep. No. 140, 2010

s. 152CR ........................................ ad. No. 58, 1997

am. No. 52, 1999

rep. No. 140, 2010

s. 152CRA ..................................... ad. No. 124, 2001

rep. No. 140, 2010

s. 152CS......................................... ad. No. 58, 1997

rep. No. 140, 2010

s. 152CT ........................................ ad. No. 58, 1997

am. No. 200, 1997; No. 52, 1999

rep. No. 140, 2010

s. 152CU........................................ ad. No. 58, 1997

rep. No. 140, 2010

s. 152CV........................................ ad. No. 58, 1997

am. No. 52, 1999; No. 124, 2001

rep. No. 140, 2010

s. 152CW ....................................... ad. No. 58, 1997

rs. No. 124, 2001

rep. No. 140, 2010

s. 152CWA .................................... ad. No. 46, 2001

rs. No. 124, 2001

rep. No. 140, 2010

s. 152CX........................................ ad. No. 58, 1997

am. No. 124, 2001

rep. No. 140, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 459

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 152CY......................................... ad. No. 58, 1997

rep. No. 140, 2010

s 152CZ ......................................... ad. No. 58, 1997

am. No. 124, 2001

rep. No. 140, 2010

s. 152DA........................................ ad. No. 58, 1997

rep. No. 140, 2010

s. 152DB........................................ ad. No. 58, 1997

am. No. 124, 2001; No. 119, 2005

rep. No. 140, 2010

s. 152DBA ..................................... ad. No. 124, 2001

rep. No. 140, 2010

ss. 152DC, 152DD......................... ad. No. 58, 1997

rep. No. 140, 2010

ss. 152DE–152DG ......................... ad. No. 58, 1997

am. No. 146, 2001

rep. No. 140, 2010

ss. 152DH–152DJ .......................... ad. No. 58, 1997

rep. No. 140, 2010

s. 152DK........................................ ad. No. 58, 1997

am. No. 119, 2005

rep. No. 140, 2010

ss. 152DL, 152DM......................... ad. No. 58, 1997

rep. No. 140, 2010

s. 152DMA .................................... ad. No. 124, 2001

am. No. 119, 2005

rep. No. 140, 2010

s. 152DN........................................ ad. No. 58, 1997

rs. No. 52, 1999

am. No. 140, 2002

rep. No. 140, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

460 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 152DNA..................................... ad. No. 52, 1999

am. No. 124, 2001; No. 140, 2002; No. 8, 2010

rep. No. 140, 2010

s. 152DNB ..................................... ad. No. 52, 1999

am. No. 194, 1999

rep. No. 140, 2010

s. 152DNC ..................................... ad. No. 140, 2002

rep. No. 140, 2010

Subdiv. F of Div. 8 of ....................

Part XIC

rep. No. 140, 2002

s. 152DO........................................ ad. No. 58, 1997

am. No. 52, 1999; No. 124, 2001

rep. No. 140, 2002

s. 152DOA..................................... ad. No. 124, 2001

rep. No. 140, 2002

s. 152DP ........................................ ad. No. 58, 1997

rep. No. 140, 2002

s. 152DPA...................................... ad. No. 124, 2001

rep. No. 140, 2002

s. 152DQ........................................ ad. No. 58, 1997

rep. No. 140, 2002

s. 152DR........................................ ad. No. 58, 1997

rs. No. 124, 2001

rep. No. 140, 2002

s. 152DS ........................................ ad. No. 58, 1997

rep. No. 140, 2002

s. 152DT ........................................ ad. No. 58, 1997

am. No. 52, 1999

rep. No. 140, 2010

s. 152DU........................................ ad. No. 58, 1997

am. No. 52, 1999

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 461

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

rep. No. 140, 2010

ss. 152DV–152DZ ......................... ad. No. 58, 1997

rep. No. 140, 2010

s. 152EA ........................................ ad. No. 58, 1997

rep. No. 140, 2010

s. 152EAA ..................................... ad. No. 124, 2001

rep. No. 140, 2010

s. 152EB ........................................ ad. No. 58, 1997

rep. No. 140, 2010

Div. 9 of Part XIC.......................... rep. No. 140, 2010

ss. 152EC–152EE .......................... ad. No. 58, 1997

rep. No. 140, 2010

Division 10

Heading to Div. 10 of.....................

Part XIC

rs. No. 140, 2002

s. 152EF......................................... ad. No. 58, 1997

am. No. 140, 2002; No. 140, 2010

s 152EG ......................................... ad. No. 58, 1997

am. No. 140, 2002

ss. 152EH–152EL .......................... ad. No. 58, 1997

Division 10A

Div. 10A of Part XIC ..................... ad. No. 119, 2005

s. 152ELA...................................... ad. No. 119, 2005

am. No. 140, 2010; No 126, 2015

s 152ELB ....................................... ad. No. 119, 2005

am. No. 8, 2010

s 152ELC ....................................... ad No 119, 2005

am. No. 8, 2010; No 126, 2015

Division 11

s. 152ELD...................................... ad. No. 140, 2010

ss. 152EM–152EO......................... ad. No. 58, 1997

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

462 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 152EOA ..................................... ad. No. 140, 2010

am. No. 23, 2011

s. 152EP......................................... ad. No. 58, 1997

s 152EPA....................................... ad No 140, 2010

s. 152EQ ........................................ ad. No. 119, 2005

rs. No. 140, 2010 (Sch 1 item 59)

s. 152ER ........................................ ad. No. 140, 2010

s. 153 ............................................. rep. No. 173, 1991

Part XID

Part XID......................................... ad. No. 131, 2006

Division 1

s. 154 ............................................. rep. No. 34, 1989

ad. No. 131, 2006

s. 154A........................................... ad. No. 131, 2006

am. No. 59, 2009

Division 2

ss. 154B, 154C............................... ad. No. 131, 2006

Division 3

s. 154D........................................... ad. No. 131, 2006

am. No. 159, 2007

ss. 154E, 154F................................ ad. No. 131, 2006

s. 154F ........................................... ad. No. 131, 2006

am. No. 59, 2009

Division 4

Subdivision A

s. 154G........................................... ad. No. 131, 2006

am. No. 59, 2009

s. 154GA........................................ ad. No. 59, 2009

s. 154H........................................... ad. No. 131, 2006

am. No. 59, 2009

s. 154J............................................ ad. No. 131, 2006

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 463

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Subdivision B

ss. 154K, 154L............................... ad. No. 131, 2006

am. No. 59, 2009

Subdivision C

ss. 154M, 154N.............................. ad. No. 131, 2006

Subdivision D

ss. 154P, 154Q............................... ad. No. 131, 2006

s. 154R........................................... ad. No. 131, 2006

am. No. 59, 2009

s. 154RA........................................ ad. No. 59, 2009

Subdivision E

s. 154S ........................................... ad. No. 131, 2006

s. 154T ........................................... ad. No. 131, 2006

am. No. 59, 2009

ss. 154U, 154V .............................. ad. No. 131, 2006

am. No. 59, 2009

s. 154W.......................................... ad. No. 131, 2006

Subdivision F

s. 154X........................................... ad. No. 131, 2006

am. No. 59, 2009

ss. 154Y, 154Z............................... ad. No. 131, 2006

Subdivision G

s. 154ZA ........................................ ad. No. 131, 2006

Division 5

ss. 154ZB, 154ZC .......................... ad. No. 131, 2006

Part XII

s 155 .............................................. am No. 81, 1977; No. 17, 1986; No. 70, 1990; No. 88, 1995; No. 58,

1997; No. 52, 1999; No. 146, 2001; No. 128, 2002; No. 134, 2003;

No. 131, 2006; Nos. 68, 138 and 159, 2007; Nos. 116 and 139, 2008;

No. 59, 2009; No. 23, 2011; No 114, 2017; No 132, 2018; No 49,

2019

s. 155AAA..................................... ad. No. 85, 2007

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

464 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 68, 2007; No. 139, 2008; Nos. 103 and 140, 2010; Nos. 102

and 132, 2011; No. 44, 2012; No 83, 2014; No 38, 2015

s. 155AA........................................ ad. No. 88, 1995

am. No. 61, 1999; No. 131, 2006; No. 85, 2007; No. 111, 2009

s. 155AB ........................................ ad. No. 58, 1997

am. No. 52, 1999; No. 140, 2002; No. 131, 2006

rep. No. 85, 2007

s. 155A........................................... ad. No. 70, 1990

am. No. 88, 1995; No. 159, 2007

s. 155B........................................... ad. No. 70, 1990

am. No. 88, 1995; No. 146, 2001

s. 156 ............................................. am. No. 70, 1990; No. 88, 1995

s. 157 ............................................. am. No. 81, 1977; No. 17, 1986; No. 101, 1998; No. 63, 2001;

No. 131, 2006; No. 59, 2009; Nos. 44 and 103, 2010; No 114, 2017

s. 157AA........................................ ad. No. 131, 2006

rep No 114, 2017

s. 157A........................................... ad. No. 108, 2004

ss. 157B–157D............................... ad. No. 59, 2009

s. 158 ............................................. am. No. 81, 1977; No. 88, 1995

s. 159 ............................................. am. No. 81, 1977; No. 88, 1995; No. 59, 2009

s. 160 ............................................. am. No. 81, 1977; No. 17, 1986; No. 88, 1995; No. 146, 2001

s 161 .............................................. am. No. 81, 1977; No. 17, 1986; No. 88, 1995; No. 146, 2001

s. 162 ............................................. rs. No. 81, 1977

am. No. 17, 1986; No. 88, 1995; No. 58, 1997; No. 146, 2001;

No. 108, 2004; No. 103, 2010

s. 162A........................................... ad. No. 17, 1986

am. No. 146, 2001; No. 108, 2004

s. 163 ............................................. am. No. 88, 1976; No. 17, 1986; No. 20, 1988; No. 70, 1990;

No. 106, 1998; No. 57, 2000; No. 131, 2006; No. 59, 2009; No. 5,

2011; No 114, 2017

s. 163A........................................... ad. No. 88, 1976

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 465

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 81, 1977; No. 39, 1983; No. 88, 1995; No. 58, 1997; No. 61,

1999; No. 57, 2000; No. 63, 2001; No. 108, 2004; Nos. 59 and 111,

2009; No. 103, 2010; No. 136, 2012; No 83, 2014

s. 164 ............................................. rep. No. 81, 1977

s. 165 ............................................. am. No. 17, 1986; No. 59, 2009; No 114, 2017

s. 166 ............................................. am. No. 88, 1976; No. 81, 1977; No 114, 2017

s. 167 ............................................. am. No. 70, 1990; No. 88, 1995; No. 108, 2004

s. 168 ............................................. rep. No. 81, 1977

s. 169 ............................................. rs. No. 88, 1976

rep. No. 81, 1977

s. 170 ............................................. am. No. 88, 1976; No. 81, 1977; No. 61, 1981; No. 17, 1986;

No. 106, 1992; No. 88, 1995; No. 36, 1998; No. 146, 1999; No. 131,

2006; No. 103, 2010; No 114, 2017

s 171 .............................................. am No 88, 1976; No 88, 1995; No 63, 2001; No 92, 2006; No 131,

2006; No 103, 2010; No 92, 2017

s. 171A........................................... ad. No. 136, 1991

s. 171B........................................... ad. No. 58, 1997

am. No. 140, 2010

s. 172 ............................................. am. No. 81, 1977; No. 136, 1991; No. 141, 1994; No. 88, 1995;

No. 108, 2004; No. 131, 2006; No. 45, 2007; No. 103, 2010; No 114,

2017

s. 173 ............................................. ad. No. 106, 1998

Part XIII

Part XIII......................................... ad. No. 59, 2009

Division 1

s 174 .............................................. ad No 59, 2009

am No 114, 2017

s 175 .............................................. ad No 59, 2009

s 176 .............................................. ad No 59, 2009

s 177 .............................................. ad No 59, 2009

s 178 .............................................. ad No 59, 2009

Division 2

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

466 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Div. 2 of Part XIII.......................... ad. No. 184, 2011

s. 179 ............................................. ad. No. 184, 2011

Division 3

Division 3 ...................................... ad No 114, 2017

s 180 .............................................. ad No 114, 2017

s 181 .............................................. ad No 114, 2017

s 182 .............................................. ad No 114, 2017

s 183 .............................................. ad No 114, 2017

s 184 .............................................. ad No 114, 2017

s 185 .............................................. ad No 114, 2017

Division 4

Division 4 ...................................... ad No 15, 2019

s 186 .............................................. ad No 15, 2019

Schedule 1

Heading to Schedule ...................... rs. No. 61, 1999

am. No. 111, 2009

Renumbered Schedule 1 ................ No. 44, 2010

Schedule ........................................ ad. No. 88, 1995

Part 1

Part 1 heading ................................ ad. No. 61, 1999

Division 1

Division 1 ...................................... ad. No. 59, 2009

Subdivision A

s 44ZZRA ...................................... ad No 59, 2009

renum No 114, 2017

s 45AA (prev s 44ZZRA)

s 44ZZRB ...................................... ad No 59, 2009

renum No 114, 2017

s 45AB (prev s 44ZZRB)

s 44ZZRC ...................................... ad No 59, 2009

renum No 114, 2017

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 467

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 45AC (prev s 44ZZRC)

s 44ZZRD ...................................... ad No 59, 2009

am No 114, 2017

renum No 114, 2017

s 45AD (prev s 44ZZRD)

s 44ZZRE....................................... ad No 59, 2009

renum No 114, 2017

s 45AE (prev s 44ZZRE)

Subdivision B

s 44ZZRF....................................... ad No 59, 2009

renum No 114, 2017

s 45AF (prev s 44ZZRF)

s 44ZZRG ...................................... ad No 59, 2009

renum No 114, 2017

s 45AG (prev s 44ZZRG)

s 44ZZRH ...................................... ad No 59, 2009

renum No 114, 2017

s 45AH (prev s 44ZZRH)

s 44ZZRI........................................ ad No 59, 2009

renum No 114, 2017

s 45AI (prev s 44ZZRI)

Subdivision C

s 44ZZRJ ....................................... ad No 59, 2009

renum No 114, 2017

s 45AJ (prev s 44ZZRJ)

s 44ZZRK ...................................... ad No 59, 2009

renum No 114, 2017

s 45AK (prev s 44ZZRK)

Subdivision D

s 44ZZRL....................................... ad No 59, 2009

renum No 114, 2017

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

468 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 45AL (prev s 44ZZRL)

s 44ZZRM...................................... ad No 59, 2009

renum No 114, 2017

s 45AM (prev s 44ZZRM)

s 44ZZRN ...................................... ad No 59, 2009

renum No 114, 2017

s 45AN (prev s 44ZZRN)

s 44ZZRO ...................................... ad No 59, 2009

am No 114, 2017

renum No 114, 2017

s 45AO (prev s 44ZZRO)

s 44ZZRP....................................... ad No 59, 2009

am No 114, 2017

renum No 114, 2017

s 45AP (prev s 44ZZRP)

s 44ZZRQ ...................................... ad No 59, 2009

rep No 114, 2017

s 44ZZRR ...................................... ad No 59, 2009

am No 114, 2017

renum No 114, 2017

s 45AQ (prev s 44ZZRR)

s 44ZZRS....................................... ad No 59, 2009

am No 114, 2017

renum No 114, 2017

s 45AR (prev s 44ZZRS)

s 44ZZRT....................................... ad No 59, 2009

am No 114, 2017

renum No 114, 2017

s 45AS (prev s 44ZZRT)

s 44ZZRU ...................................... ad No 59, 2009

renum No 114, 2017

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 469

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 45AT (prev s 44ZZRU)

s 44ZZRV ...................................... ad No 59, 2009

renum No 114, 2017

s 45AU (prev s 44ZZRV)

Division 1A.................................... ad. No. 185, 2011

rep No 114, 2017

s. 44ZZS ........................................ ad. No. 185, 2011

rep No 114, 2017

s. 44ZZT ........................................ ad. No. 185, 2011

rep No 114, 2017

s. 44ZZU........................................ ad. No. 185, 2011

rep No 114, 2017

s. 44ZZV........................................ ad. No. 185, 2011

rep No 114, 2017

s. 44ZZW....................................... ad. No. 185, 2011

rep No 114, 2017

s. 44ZZX........................................ ad. No. 185, 2011

rep No 114, 2017

s. 44ZZY........................................ ad. No. 185, 2011

rep No 114, 2017

s. 44ZZZ ........................................ ad. No. 185, 2011

rep No 114, 2017

s. 44ZZZA ..................................... ad. No. 185, 2011

rep No 114, 2017

s. 44ZZZB...................................... ad. No. 185, 2011

rep No 114, 2017

Division 2

Division 2 heading......................... ad. No. 59, 2009

s. 45 ............................................... ad. No. 88, 1995

am. No. 131, 2006; No. 59, 2009; No 114, 2017

s. 45A............................................. ad. No. 88, 1995

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

470 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

am. No. 131, 2006

rep. No. 59, 2009

s. 45B............................................. ad. No. 88, 1995

am. No. 169, 2012

rep No 114, 2017

s. 45C............................................. ad. No. 88, 1995

rep No 114, 2017

s. 45D............................................. ad. No. 88, 1995

rs. No. 60, 1996

am No 114, 2017

s. 45DA.......................................... ad. No. 60, 1996

am. No. 103, 2010; No 114, 2017

s. 45DC.......................................... ad. No. 60, 1996

s. 45DD.......................................... ad. No. 60, 1996

am. No. 54, 2009

s. 45E............................................. ad. No. 60, 1996

am No 114, 2017

s 45EA ........................................... ad No 60, 1996

am No 114, 2017

s 45EB ........................................... ad No 60, 1996

s 46 ................................................ ad No 88, 1995

am No 131, 2006; No 159, 2007; No 116, 2008

rs No 87, 2017

s. 47 ............................................... ad. No. 88, 1995

am. No. 131, 2006; No. 169, 2012; No 114, 2017

s. 48 ............................................... ad. No. 88, 1995

am No 114, 2017

s. 49 ............................................... ad. No. 131, 2006

am No 114, 2017

s. 50 ............................................... ad. No. 88, 1995

am. No. 63, 2001; No. 131, 2006; No. 184, 2011; No 114, 2017

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 471

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 51 ................................................ ad No 88, 1995

am No 88, 1995; No 60, 1996; No 63, 2002; No 103, 2010; No 46,

2011; No 114, 2017; No 15, 2019

Part 2.............................................. ad. No. 61, 1999

rep. No. 111, 2009

ss. 75AT, 75AU ............................. ad. No. 61, 1999

am. No. 176, 1999

rep. No. 111, 2009

ss. 75AV–75AY............................. ad. No. 61, 1999

rep. No. 111, 2009

s. 75AYA....................................... ad. No. 69,2000

rep. No. 111, 2009

s. 75AZ .......................................... ad. No. 61, 1999

rep. No. 111, 2009

Schedule 2

Schedule 2...................................... ad. No. 44, 2010

rs. No. 103, 2010

Chapter 1

s. 1 ................................................. ad. No. 44, 2010

rs. No. 103, 2010

s. 2 ................................................. ad. No. 44, 2010

rs. No. 103, 2010

am. No. 46, 2011; No 147, 2015; No 5, 2017; No 93, 2018; No 132,

2018; No 133, 2018

s 3 .................................................. ad No 44, 2010

rs No 103, 2010

am No 133, 2018

s 4 .................................................. ad No 44, 2010

rs No 103, 2010

s 5 .................................................. ad No 44, 2010

rs No 103, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

472 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 6 ................................................. ad. No. 103, 2010

ss. 7, 8............................................ ad. No. 44, 2010

rs. No. 103, 2010

ss. 9–17.......................................... ad. No. 103, 2010

Chapter 2

Part 2-1

s. 18 ............................................... ad. No. 103, 2010

s. 19 ............................................... ad. No. 103, 2010

am No 109, 2014

Part 2-2

s. 20 ............................................... ad. No. 103, 2010

am. No. 184, 2011

s 21 ................................................ ad No 103, 2010

rs No 184, 2011

am No 132, 2018

s 22 ................................................ ad No 103, 2010

rs No 184, 2011

s. 22A............................................. ad. No. 184, 2011

Part 2-3

s 23 ................................................ ad No. 103, 2010

am No 147, 2015

s 24 ................................................ ad No. 103, 2010

am No 147, 2015

s 25 ................................................ ad No. 103, 2010

am No 147, 2015

s 26 ................................................ ad No. 103, 2010

am No 147, 2015

s 27 ................................................ ad No. 103, 2010

s 28 ................................................ ad No. 103, 2010

am No 147, 2015

Chapter 3

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 473

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

Part 3-1

Division 1

ss. 29–38........................................ ad. No. 103, 2010

Division 2

s 39 ................................................ ad No 103, 2010

s 40 ................................................ ad No 103, 2010

am No 132, 2018

s 41 ................................................ ad No 103, 2010

s 42 ................................................ ad No 103, 2010

am No 132, 2018

s 43 ................................................ ad No 103, 2010

Division 3

ss. 44–46........................................ ad. No. 103, 2010

Division 4

s. 47 ............................................... ad. No. 103, 2010

s. 48 ............................................... ad. No. 103, 2010

am. No. 104, 2013; No 132, 2018

Division 5

ss. 49, 50 ........................................ ad. No. 103, 2010

Part 3-2

Division 1

Subdivision A

ss. 51–59........................................ ad. No. 103, 2010

Subdivision B

s 60 ................................................ ad No 103, 2010

s 61 ................................................ ad No 103, 2010

s 62 ................................................ ad No 103, 2010

s 63 ................................................ ad No 103, 2010

am No 132, 2018

Subdivision C

s. 64 ............................................... ad. No. 103, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

474 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 64A............................................. ad. No. 103, 2010

Subdivision D

ss. 65–68........................................ ad. No. 103, 2010

Division 2

Subdivision A

s 69 ................................................ ad No 103, 2010

am No 132, 2018

s 70 ................................................ ad No 103, 2010

s 71 ................................................ ad No 103, 2010

s 72 ................................................ ad No 103, 2010

Subdivision B

ss. 73–77........................................ ad. No. 103, 2010

Subdivision C

ss. 78–81........................................ ad. No. 103, 2010

Subdivision D

s 82 ................................................ ad No 103, 2010

am No 114, 2017

s 83 ................................................ ad No 103, 2010

s 84 ................................................ ad No 103, 2010

s 85 ................................................ ad No 103, 2010

am No 114, 2017

s 86 ................................................ ad No 103, 2010

am No 114, 2017

s 87 ................................................ ad No 103, 2010

s 88 ................................................ ad No 103, 2010

Subdivision E

s 89 ................................................ ad No 103, 2010

s 90 ................................................ ad No 103, 2010

s 91 ................................................ ad No 103, 2010

s 92 ................................................ ad No 103, 2010

s 93 ................................................ ad No 103, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 475

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 94 ................................................ ad No 103, 2010

s 95 ................................................ ad No 103, 2010

am No 61, 2018

Division 3

s 96 ................................................ ad No 103, 2010

am No 130, 2012

s 97 ................................................ ad No 103, 2010

am No 130, 2012

s 98 ................................................ ad No 103, 2010

am No 130, 2012

s 99 ................................................ ad No 103, 2010

Division 3A

Division 3A.................................... ad No 133, 2018

Subdivision A

s 99A.............................................. ad No 133, 2018

Subdivision B

s 99B.............................................. ad No 133, 2018

s 99C.............................................. ad No 133, 2018

s 99D.............................................. ad No 133, 2018

s 99E.............................................. ad No 133, 2018

s 99F .............................................. ad No 133, 2018

Subdivision C

s 99G.............................................. ad No 133, 2018

Division 4

s 100 .............................................. ad No 103, 2010

s 101 .............................................. ad No 103, 2010

s 102 .............................................. ad No 103, 2010

s 103 .............................................. ad No 103, 2010

am No 130, 2012

Part 3-3

Division 1

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

476 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s. 104 ............................................. ad. No. 103, 2010

s. 105 ............................................. ad. No. 103, 2010

am. No. 46, 2011

ss. 106–108 .................................... ad. No. 103, 2010

Division 2

Subdivision A

ss. 109–113 .................................... ad. No. 103, 2010

Subdivision B

ss. 114–117 .................................... ad. No. 103, 2010

Subdivision C

ss. 118, 119 .................................... ad. No. 103, 2010

Subdivision D

ss. 120, 121 .................................... ad. No. 103, 2010

Division 3

Subdivision A

ss. 122–127 .................................... ad. No. 103, 2010

Subdivision B

s. 128 ............................................. ad. No. 103, 2010

Division 4

ss. 129, 130 .................................... ad. No. 103, 2010

Division 5

ss. 131, 132 .................................... ad. No. 103, 2010

s. 132A........................................... ad. No. 103, 2010

am No 114, 2017

Division 6

s. 133 ............................................. ad. No. 103, 2010

Part 3-4

s. 134 ............................................. ad. No. 103, 2010

s. 135 ............................................. ad. No. 103, 2010

am. No. 46, 2011

ss. 136, 137 .................................... ad. No. 103, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 477

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 137A............................................ ad No 93, 2018

Part 3-5

Division 1

ss. 138–142 .................................... ad. No. 103, 2010

Division 2

ss. 143–149 .................................... ad. No. 103, 2010

Division 3

s. 150 ............................................. ad. No. 103, 2010

Chapter 4

Part 4-1

Division 1

s 151 .............................................. ad No 103, 2010

am No 93, 2018

s 152 .............................................. ad No 103, 2010

am No 93, 2018

s 153 .............................................. ad No 103, 2010

am No 93, 2018

s 154 .............................................. ad No 103, 2010

am No 93, 2018

s 155 .............................................. ad No 103, 2010

am No 93, 2018

s 156 .............................................. ad No 103, 2010

am No 93, 2018

s 157 .............................................. ad No 103, 2010

am No 93, 2018

s 158 .............................................. ad No 103, 2010

am No 93, 2018

s 159 .............................................. ad No 103, 2010

am No 93, 2018

s 160 .............................................. ad No 103, 2010

Division 2

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

478 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 161 .............................................. ad No 103, 2010

am No 93, 2018

s 162 .............................................. ad No 103, 2010

am No 93, 2018; No 132, 2018

s 163 .............................................. ad No 103, 2010

am No 93, 2018

Division 3

s 164 .............................................. ad No 103, 2010

am No 93, 2018

Division 4

s 165 .............................................. ad No 103, 2010

s 166 .............................................. ad No 103, 2010

am No 93, 2018

Division 5

s 167 .............................................. ad No 103, 2010

am No 93, 2018

s 168 .............................................. ad No 103, 2010

am No 93, 2018

Part 4-2

Division 1

s. 169 ............................................. ad. No. 103, 2010

Division 2

Subdivision A

ss. 170–173 .................................... ad. No. 103, 2010

Subdivision B

ss. 174–177 .................................... ad. No. 103, 2010

Subdivision C

s 178 .............................................. ad No 103, 2010

s 179 .............................................. ad No 103, 2010

am No 114, 2017

s 180 .............................................. ad No 103, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 479

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 181 .............................................. ad No 103, 2010

Subdivision D

s 182 .............................................. ad No 103, 2010

s 183 .............................................. ad No 103, 2010

s 184 .............................................. ad No 103, 2010

s 185 .............................................. ad No 103, 2010

s 186 .............................................. ad No 103, 2010

s 187 .............................................. ad No 103, 2010

am No 61, 2018

Division 3

s 188 .............................................. ad No 103, 2010

am No 130, 2012

s 189 .............................................. ad No 103, 2010

am No 130, 2012

s 190 .............................................. ad No 103, 2010

am No 130, 2012

s 191 .............................................. ad No 103, 2010

am No 130, 2012

Division 3A

Division 3A.................................... ad No 133, 2018

s 191A............................................ ad No 133, 2018

s 191B............................................ ad No 133, 2018

s 191C............................................ ad No 133, 2018

s 191D............................................ ad No 133, 2018

s 191E ............................................ ad No 133, 2018

Division 4

ss. 192, 193 .................................... ad. No. 103, 2010

Part 4-3

Division 1

s 194 .............................................. ad No 103, 2010

am No 93, 2018

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

480 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 195 .............................................. ad No 103, 2010

am No 93, 2018

s 196 .............................................. ad No 103, 2010

Division 2

s 197 .............................................. ad No 103, 2010

am No 93, 2018

s 198 .............................................. ad No 103, 2010

am No 93, 2018

Division 3

s 199 .............................................. ad No 103, 2010

am No 93, 2018

s 200 .............................................. ad No 103, 2010

s 201 .............................................. ad No 103, 2010

Division 4

s. 202 ............................................. ad. No. 103, 2010

Part 4-4

s 203 .............................................. ad No 103, 2010

am No 93, 2018

s 204 .............................................. ad No 103, 2010

am No 93, 2018

Part 4-5

ss. 205, 206 .................................... ad. No. 103, 2010

Part 4-6

ss. 207–211 .................................... ad. No. 103, 2010

Part 4-7

ss. 212–217 .................................... ad. No. 103, 2010

Chapter 5

Part 5-1

Division 1

s. 218 ............................................. ad. No. 103, 2010

Division 2

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 481

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

ss. 219–222 .................................... ad. No. 103, 2010

Division 3

s. 223 ............................................. ad. No. 103, 2010

Part 5-2

Division 1

s 224 .............................................. ad No 103, 2010

am No 93, 2018; No 133, 2018

s 225 .............................................. ad No 103, 2010

s 226 .............................................. ad No 103, 2010

s 227 .............................................. ad No 103, 2010

s 228 .............................................. ad No 103, 2010

s 229 .............................................. ad No 103, 2010

s 230 .............................................. ad No 103, 2010

Division 2

s 232 .............................................. ad No 103, 2010

am No 147, 2015

s 233 .............................................. ad No 103, 2010

s 234 .............................................. ad No 103, 2010

s 235 .............................................. ad No 103, 2010

Division 3

s. 236 ............................................. ad. No. 103, 2010

Division 4

Subdivision A

s 237 .............................................. ad No 103, 2010

am No 147, 2015

s 238 .............................................. ad No 103, 2010

am No 147, 2015

Subdivision B

s 239 .............................................. ad No 103, 2010

am No 147, 2015

s 240 .............................................. ad No 103, 2010

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

482 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 241 .............................................. ad No 103, 2010

Subdivision C

s 242 .............................................. ad No 103, 2010

am No 147, 2015

s 243 .............................................. ad No 103, 2010

s 244 .............................................. ad No 103, 2010

s 245 .............................................. ad No 103, 2010

Division 5

s 246 .............................................. ad No 103, 2010

am No 132, 2018

s 247 .............................................. ad No 103, 2010

s 248 .............................................. ad No 103, 2010

s 249 .............................................. ad No 103, 2010

s 250 .............................................. ad No 103, 2010

rs No 147, 2015

Division 6

ss. 251–253 .................................... ad. No. 103, 2010

Part 5-3

s 254 .............................................. ad No 103, 2010

s 255 .............................................. ad No 103, 2010

am No 5, 2017

s 256 .............................................. ad No 103, 2010

rep No 5, 2017

s 257 .............................................. ad No 103, 2010

rep No 5, 2017

s 258 .............................................. ad No 103, 2010

Part 5-4

Division 1

Subdivision A

ss. 259–266 .................................... ad. No. 103, 2010

Subdivision B

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

Competition and Consumer Act 2010 483

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

ss. 267–270 .................................... ad. No. 103, 2010

Division 2

ss. 271–273 .................................... ad. No. 103, 2010

Division 3

ss. 274–276 .................................... ad. No. 103, 2010

s. 276A........................................... ad. No. 103, 2010

s. 277 ............................................. ad. No. 103, 2010

Part 5-5

Division 1

ss. 278–286 .................................... ad. No. 103, 2010

Division 2

s. 287 ............................................. ad. No. 103, 2010

Chapter 6

Chapter 6 ....................................... ad No 130, 2012

Part 1

s 288 .............................................. ad No 130, 2012

s 289 .............................................. ad No 130, 2012

s 290 .............................................. ad No 130, 2012

Part 1A

Part 1A........................................... ad No 147, 2015

s 290A............................................ ad No 147, 2015

Part 2

Part 2.............................................. ad No 114, 2017

s 291 .............................................. ad No 114, 2017

s 292 .............................................. ad No 114, 2017

Part 3

Part 3.............................................. ad No 93, 2018

s 295 .............................................. ad No 93, 2018

Part 4

Part 4.............................................. ad No 132, 2018

s 296 .............................................. ad No 132, 2018

Authorised Version C2019C00149 registered 23/04/2019

Endnotes

Endnote 4—Amendment history

484 Competition and Consumer Act 2010

Compilation No. 118 Compilation date: 6/4/19 Registered: 23/4/19

Provision affected How affected

s 297 .............................................. ad No 132, 2018

s 298 .............................................. ad No 132, 2018

s 299 .............................................. ad No 132, 2018

s 300 .............................................. ad No 132, 2018

s 301 .............................................. ad No 132, 2018

Part 5

Part 5.............................................. ad No 133, 2018

s 302 .............................................. ad No 133, 2018

Authorised Version C2019C00149 registered 23/04/2019