Competition and Consumer Act
Australia
COMPETITION AND CONSUMER ACT Act No. 51 of 1974 as amended 3 An Act relating to competition, fair trading and consumer protection, and for other purposes
Competition and Consumer Act
Act No. 51 of 1974 as amended 3
Abstract
An Act relating to competition, fair trading and consumer protection, and for other purposes
Volume 1
Act No. 51 of 1974 as amended
This compilation was prepared on 8 November 2011
taking into account amendments up to Act No. 119 of 2011
Volume 1 includes: Table of Contents
Sections 1 — 119
The text of any of those amendments not in force on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Volume 2 includes: Table of Contents
Sections 10.01 — 178
Volume 3 includes: Table of Contents
Schedules 1 and 2
Note 1
Table of Acts
Act Notes
Table of Amendments
Notes 2 — 7
Table A
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra
Part I Preliminary
1 Short title [see Note 1]
This Act may be cited as the Competition and Consumer Act 2010.
2 Object of this Act
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.
2A Application of Act to Commonwealth and Commonwealth authorities
(1) Subject to this section and sections 44AC, 44E and 95D, this Act binds the Crown in right of the Commonwealth in so far as the Crown in right of the Commonwealth carries on a business, either directly or by an authority of the Commonwealth.
(2) Subject to the succeeding provisions of this section, this Act applies as if:
(a) the Commonwealth, in so far as it carries on a business otherwise than by an authority of the Commonwealth; and
(b) each authority of the Commonwealth (whether or not acting as an agent of the Crown in right of the Commonwealth) in so far as it carries on a business;
were a corporation.
(3) Nothing in this Act makes the Crown in right of the Commonwealth liable to a pecuniary penalty or to be prosecuted for an offence.
(3A) The protection in subsection (3) does not apply to an authority of the Commonwealth.
(4) Part IV does not apply in relation to the business carried on by the Commonwealth in developing, and disposing of interests in, land in the Australian Capital Territory.
2B Application of Act to States and Territories
(1) The following provisions of this Act bind the Crown in right of each of the States, of the Northern Territory and of the Australian Capital Territory, so far as the Crown carries on a business, either directly or by an authority of the State or Territory:
(a) Part IV;
(b) Part XIB;
(c) the other provisions of this Act so far as they relate to the above provisions.
(2) Nothing in this Act renders the Crown in right of a State or Territory liable to a pecuniary penalty or to be prosecuted for an offence.
(3) The protection in subsection (2) does not apply to an authority of a State or Territory.
2BA Application of Part IV to local government bodies
(1) Part IV applies in relation to a local government body only to the extent that it carries on a business, either directly or by an incorporated company in which it has a controlling interest.
(2) In this section:
local government body means a body established by or under a law of a State or Territory for the purposes of local government, other than a body established solely or primarily for the purposes of providing a particular service, such as the supply of electricity or water.
2C Activities that are not business
(1) For the purposes of sections 2A, 2B and 2BA, the following do not amount to carrying on a business:
(a) imposing or collecting:
(i) taxes; or
(ii) levies; or
(iii) fees for licences;
(b) granting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions);
(c) a transaction involving:
(i) only p