Legislation | Competition and Consumer Act
Overview
Competition and Consumer Act 2010 (Cth)
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