Competition and Consumer Act 2010.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The object of this Act is to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection. The Act is organised in 4 Volumes. Volume 1 provides for the establishment and disciplines the composition and functions of the Australian Competition and Consumer Commission, the National Competition Council, the Australian Competition Tribunal, and the Australian Energy Regulator (AER). Part IIIA regulates access to services, the objects of this Part are to (a) promote the economically efficient operation of, use of and investment in the infrastructure by which services are provided, thereby promoting effective competition in upstream and downstream markets; and (b) provide a framework and guiding principles to encourage a consistent approach to access regulation in each industry. Part IV sets out parallel offences and civil penalty provisions relating to cartel conduct and other restrictive trade practices. Part IVB concerns Industry codes, Part IVBB has the object to enhance the welfare of Australians through: (a) the regulation of the Australian gas market; and (b) in particular, limitation of increases in gas prices.
Volume 2 includes: Part IVC that has as objective to ensure that payment surcharges are not excessive and reflect the cost of using the payment methods for which they are charged. Part IVD, with the scope of creating more choice and competition for the public interest, enables consumers in certain sectors of the Australian economy to obtain disclosure of information relating to themselves in a safely, efficiently and conveniently manner either to themselves and to accredited persons for use subject to privacy safeguards; and to enable any person to efficiently and conveniently access information in those sectors that is about goods (such as products) or services and does not relate to any identifiable, or reasonably identifiable, consumers. Part V main objects are (a) to deter price exploitation in relation to the carbon tax repeal at each point in the supply chain for regulated goods; and (b) to ensure that all cost savings attributable to the carbon tax repeal are passed through the supply chain for regulated goods. Part VI is on Enforcement and remedies, Part VIA Proportionate liability for misleading and deceptive conduct.
Volume 3 sets up a system for regulating international liner cargo shipping services. The main components of that system are as follows: a) registration of conference agreements; b) regulation of non‑conference ocean carriers with substantial market power; c) regulation of unfair pricing practices; d) registration of agents of ocean carriers.
Volume 4 are the Schedules. Schedule 2 contains the Australian Consumer Law. Goods include: 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. Services include 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 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(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; Chapter 2 regulates misleading or deceptive conduct, unconscionable conduct and unfair contract terms. Chapter 3 provides for specific protections, Chapter 4 offences, Chapter 5 is Enforcement and remedies.
Volume 2 includes: Part IVC that has as objective to ensure that payment surcharges are not excessive and reflect the cost of using the payment methods for which they are charged. Part IVD, with the scope of creating more choice and competition for the public interest, enables consumers in certain sectors of the Australian economy to obtain disclosure of information relating to themselves in a safely, efficiently and conveniently manner either to themselves and to accredited persons for use subject to privacy safeguards; and to enable any person to efficiently and conveniently access information in those sectors that is about goods (such as products) or services and does not relate to any identifiable, or reasonably identifiable, consumers. Part V main objects are (a) to deter price exploitation in relation to the carbon tax repeal at each point in the supply chain for regulated goods; and (b) to ensure that all cost savings attributable to the carbon tax repeal are passed through the supply chain for regulated goods. Part VI is on Enforcement and remedies, Part VIA Proportionate liability for misleading and deceptive conduct.
Volume 3 sets up a system for regulating international liner cargo shipping services. The main components of that system are as follows: a) registration of conference agreements; b) regulation of non‑conference ocean carriers with substantial market power; c) regulation of unfair pricing practices; d) registration of agents of ocean carriers.
Volume 4 are the Schedules. Schedule 2 contains the Australian Consumer Law. Goods include: 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. Services include 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 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(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; Chapter 2 regulates misleading or deceptive conduct, unconscionable conduct and unfair contract terms. Chapter 3 provides for specific protections, Chapter 4 offences, Chapter 5 is Enforcement and remedies.
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Long title of text
An Act relating to competition, fair trading and consumer protection, and for other purposes.
Notes
Including amendments Act No. 111, 2023 and Act No. 137, 2024Previously known as Trade Practices Act 1974.
Repealed
No
Source language
English
Legislation Amendment
No