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AustraliaLegislation | Competition and Consumer Act 2010 (Cth)

 

Overview

The Competition and Consumer Act 2010 was re-named in 2011; it was previously named the Trade Practices Act 1974.

When the Act was re-named the Australian Consumer Law was introduced as a schedule to the Competition and Consumer Act.

A separate page on this site contains relevant provisions from the Australian Consumer Law.

This page contains links to other relevant sections of the Competition and Consumer Act.

A list of select provisions is provided below - links to full provisions will be added over time.

 

Part XI - Application of the Australian Consumer Law as a law of the Commonwealth

Division 1 Preliminary

130 Definitions

130A Expressions defined in Schedule 2

Division 2 Application of the Australian Consumer Law as a law of the Commonwealth

Subdivision A - Application of the Australian Consumer Law

131 Application of the Australian Consumer Law in relation to corporations etc.

131A Division does not apply to financial services

131B Division does not apply to interim bans imposed by State or Territory Ministers

131C Saving of other laws and remedies

Subdivision B - Effect of other Commonwealth laws on the Australian Consumer Law

131D Effect of Part VIB on Chapter 5 of the Australian Consumer Law

131E Application of the Legislation Act 2003

131F Section 4AB of the Crimes Act does not apply

131G Application of the Criminal Code

Division 3 Conferences for proposed bans and recall notices

Subdivision A - Conference requirements before a ban or compulsory recall

132 Commonwealth Minister must issue a proposed ban notice

132A Commonwealth Minister must issue a proposed recall notice

132B Commonwealth Minister to be notified if no person wishes a conference to be held

132C Notification of conference

132D Recommendation after conclusion of conference

Subdivision B - Conference requirements after an interim ban is imposed

132E Opportunity for a conference after an interim ban has been imposed by the Commonwealth Minister

132F Notification of conference

132G Recommendation after conclusion of conference

Subdivision C - Conduct of conferences

132H Conduct of conferences

Subdivision D - Miscellaneous

132J Interim ban and recall notice without delay in case of danger to the public 132K. Copy of notices under this Division to be given to suppliers

Division 4 Enforcement

Subdivision A - Inspectors

133 Appointment of inspectors

133A Identity cards

Subdivision B - Premises to which the public is given access

133B Power to enter premises to which the public has access--consumer goods

133C Power to enter premises to which the public has access--product related services

Subdivision C - Disclosure notices relating to the safety of goods or services

133D Power to obtain information etc.

133E Self-incrimination

133F Compliance with disclosure notices

133G False or misleading information etc.

Subdivision D - Court orders relating to the destruction etc

133H Court orders relating to consumer goods that do not comply with a safety standard etc.

133J Recovery of reasonable costs of seizing, and destroying or disposing of, consumer goods

Division 5 Infringement notices

134 Purpose and effect of this Division

134A Issuing an infringement notice

134B Matters to be included in an infringement notice

134C Amount of penalty

134D Effect of compliance with an infringement notice

134E Effect of failure to comply with an infringement notice

134F Infringement notice compliance period for infringement notice

134G Withdrawal of an infringement notice

Division 6 Search, seizure and entry

Subdivision A - Powers of inspectors

135 Inspector may enter premises

135A Search-related powers of inspectors

135B Inspector may ask questions and seek production of documents

135C Failure to answer questions or produce documents

135D Persons assisting inspectors 135E Use of force in executing a search warrant

135F Announcement before entry under warrant

135G Inspector must be in possession of search warrant

Subdivision B - Obligations of inspectors

135H Consent

135J Details of search warrant etc. must be given to the occupier of the premises

Subdivision C - Occupier's etc

135K Occupier etc. entitled to observe execution of search warrant

135L Occupier etc. to provide inspector etc. with facilities and assistance

135M Receipts for seized consumer goods and equipment

135N Return of seized consumer goods and equipment

135P Judge may permit consumer goods or equipment to be retained

Subdivision D - Provisions relating to seizure

135Q Recovery of reasonable costs of seizing consumer goods or equipment

135R Destruction or disposal of seized consumer goods or equipment

Subdivision E - Embargo notices

135S Embargo notices

135T Embargo period for embargo notices

135U Multiple embargo notices for the same consumer goods or product related services

135V Power of inspectors to secure consumer goods

135W Power of inspectors to secure equipment used to supply product related services

135X Consent to supply etc. embargoed consumer goods etc.

135Y Compliance with embargo notices

Subdivision F - Issue of search warrants

135Z Issue of search warrants

136 Search warrants by telephone, fax etc.

136A Offence relating to warrants by telephone, fax etc.

Subdivision G - Miscellaneous

136B Powers of judges

Division 7 Remedies

137 Limit on occupational liability

137A Contributory acts or omissions to reduce compensation in defective goods actions

137B Reduction of the amount of loss or damage if the claimant fails to take reasonable care

137C Limits on recovery of amounts for death or personal injury

137D Compensation orders etc. arising out of unfair contract terms

137E Limits on compensation orders etc. for death or personal injury

137F Court may make orders for the purpose of preserving money or other property held by a person

137G Compliance with orders made under section 137F

137H Finding in proceedings to be evidence

Division 8 Jurisdictional matters

138 Conferring jurisdiction on the Federal Court

138A Conferring jurisdiction on the Federal Circuit Court

138B Conferring jurisdiction on State and Territory Courts

138C Transfer of matters by the Federal Court

138D Transfer of matters by a State or Territory court

138E Transfer of proceedings to Family Court

Division 9 Miscellaneous

139 Intervention by the Commission

139A Terms excluding consumer guarantees from supplies of recreational services

139B Conduct of directors, employees or agents of bodies corporate

139C Conduct of employees or agents of persons other than bodies corporate

139D Enforcement and recovery of certain fines

139DA Application of section 229 of the Australian Consumer Law to a person other than a body corporate

139E Cessation of enforcement orders etc.

139F Compensation for acquisition of property

139G Regulations

Part XIAA - Application of the Australian Consumer Law as a law of a state or territory

140 Definitions

140A Object of this Part

140B The applied Australian Consumer Law

140C Federal Court may exercise jurisdiction under application laws of Territories

140D Exercise of jurisdiction under cross-vesting provisions

140E Commonwealth consent to conferral of functions etc. on Commonwealth entities

140F How duty is imposed

140G When an application law imposes a duty

140H Application laws may operate concurrently with this Act

140J No doubling-up of liabilities

140K References in instruments to the Australian Consumer Law