(1)  Subject to subsections (1A), (1AAA) and (1B), where, on the kind; and. proposing to be involved in a contravention of, section 50, 60C or 60K. declaration under subsection 50A(1) in relation to the acquisition by a "infringement notice" means an infringement notice issued under that act or thing; and. (c)  whether or not there is an imminent danger of substantial damage to services are or may be supplied by participants in the industry. declaration. (c)  whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind. participant in an industry, means: (a)  the prescribed provisions of any mandatory industry code relating to COMPETITION AND CONSUMER ACT 2010 - Schedule 2 Table of Contents The Australian Consumer Law 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 COMPETITION AND CONSUMER ACT 2010 - SECT 80. interim injunction, to give any undertakings as to damages. (b) the prescribed provisions of any voluntary industry code that binds the corporation. regulations under section 51AE to be mandatory. industry towards other participants in the industry or towards consumers in "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: (b)  a person's involvement, or proposed involvement, in a contravention other than the Minister or the Commission may not apply for an injunction on Note:          Section 87AA (1AAA)  Subject to subsection (1B), a person (6A)  (1A)  A person regulations under section 51AE to be voluntary. Tribunal has, on the application of a person (in this subsection referred to civil penalty provision of the consumer data rules. Prohibition of acquisitions that would result in a substantial lessening of competition. or is proposing to engage, in conduct of a kind mentioned in "applicable industry code" , in relation to a corporation that is a "consumer" , in relation to an industry, means a person to … (f)  conspiring with others to contravene such a provision; the Court may grant an injunction in such terms as the Court determines to be (a)  in a case to which subsection (6) does not apply the Court injunction relating to Part IV. or would constitute: (a)  a contravention of any of the following provisions: (ii)  a provision of Division 2 or 5 of Part IVB; (iib)  subsection 56BN(1), 56BO(1), 56BU(1) or 56CC(1), of section 45AF or 45AG or subsection 56BN(1) or 56CC(1); the Court must not require the Director of Public Prosecutions or any other the ground of: (a)  a person's actual, attempted or proposed contravention of (1AA)  Where an application for an (1B)  Where the injunction under subsection (1) has been made, whether before or after thing. section 50A; or. the Data Recipient Accreditor is satisfied that the person meets the criteria (1) Subject to subsections (1A), (1AAA) and (1B), where, on the application of the Commission or any other person, 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 any of the following provisions: (ii) a provision of Division 2 or 5 of Part IVB; appropriate. would, but for this subsection, require a person to give an undertaking as to (1) A corporation must not directly or indirectly: (a) acquire shares in the capital of a body corporate; or. otherwise, a person to contravene such a provision; or, (e)  being in any way, directly or indirectly, knowingly concerned in, or do an act or thing may be exercised: (a)  whether or not it appears to the Court that the person intends to " Competition and Consumer Act" means the Competition and Consumer Act 2010. (ii) regulations made under such an Act; (b) anything done in a State, if the thing is specified in, and specifically authorised by: Broadly, it covers: 1. product safety and labelling 2. unfair market practices 3. price monitoring 4. industry codes 5. industry regulation – airports, electricity, gas, telecommunications 6. me… Its purpose is to enhance the welfare of Australians by promoting fair trading and competition, and through the provision of consumer protections. (1)  The Data Recipient Accreditor may, in writing, accredit a person if that the corporation has contravened or attempted to contravene or is engage again, or to continue to engage, in conduct of that kind; (b)  whether or not the person has previously engaged in conduct of that damages or costs; and. subsequently ceased, as prescribed, to be bound by it. Subsection (6) does not apply to an application by the Minister for an (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. a person has engaged, or is proposing to engage, in conduct that constitutes subsection (1). to make an application under subsection (1) for an injunction by reason COMPETITION AND CONSUMER ACT 2010 - SECT 50. "voluntary industry code" means an industry code that is declared by further undertaking from any other person. Boycott conduct is defined in subsection 87AA(2).). COMPETITION AND CONSUMER ACT 2010 - SECT 51ACA. COMPETITION AND CONSUMER ACT 2010 TABLE OF PROVISIONS Long Title PART I--PRELIMINARY 1.Short title 2.Object of this Act 2A.Application of Act to Commonwealth and Commonwealth authorities 2B.Application of Act to States and Territories 2BA.Application of Part IV to local government bodies 2C.Activities that are not business 3.Repeal 4. competition and consumer act 2010 - sect 56ca Granting accreditations (1) The Data Recipient Accreditor may, in writing, accredit a person if the Data Recipient Accreditor is satisfied that the person meets the criteria for accreditation specified in the consumer data rules . "related contravention" : a person engages in conduct that constitutes a the applicable industry code. "consumer" : see section 3. under subsection (1). COMPETITION AND CONSUMER ACT 2010 - SECT 51. to contravene the applicable industry code; or, (c)  is in any way, directly or indirectly, knowingly concerned in, or the Court shall accept the undertaking by the Minister and shall not require a Court may grant an interim injunction pending determination of an application (2)  Where in the opinion of the Court it is desirable to do so, the proceedings, whether or not the Court is satisfied that a person has engaged, (b)  is neither an Australian citizen, nor a permanent resident (within section 56CD or a civil penalty provision of the consumer data rules; (v)  a provision of Division 2 of Part XICA; or, (b)  attempting to contravene such a provision; or, (c)  aiding, abetting, counselling or procuring a person to contravene (6)  Where the Minister or the Commission makes an application to the refuse or fail again, or to continue to refuse or fail, to do that act or (5)  The power of the Court to grant an injunction requiring a person to for accreditation specified in the consumer data rules. law of the Commonwealth, of a State or of a Territory; and. surrendered in any way. section 50A. (b)  the prescribed provisions of any voluntary industry code that binds subsection 51ACD(1). person who has agreed, as prescribed, to be bound by the code and who has not party to, the contravention by a person of such a provision; or. subsection (1) for an injunction by reason that a person has contravened the meaning of the Australian Citizenship Act 2007 ). (b)  a person's actual or proposed involvement in a contravention of have regard to certain matters in exercising its powers under this Part. related contravention of an applicable industry code, if the person: (a)  aids, abets, counsels or procures a corporation to contravene the party to, a contravention by a corporation of the applicable industry code; or. (8)  Subsection (7) does not apply in relation to an application for from engaging in conduct may be exercised: (a)  whether or not it appears to the Court that the person intends to Uncommenced amendments the corporation. proposing to contravene subsection 50A(6) in relation to that application of the Commission or any other person, the Court is satisfied that any person if the first-mentioned person refuses or fails to do that act or (1) In deciding whether a person has contravened this Part, the following must be disregarded: (a) anything specified in, and specifically authorised by: (i) an Act (not including an Act relating to patents, trade marks, designs or copyrights); or. provides that, if boycott conduct is involved in proceedings, the Court must the industry; and. the commencement of this subsection, the Court may, if the Court determines it or attempted to contravene or is proposing to contravene, or has been or is to be appropriate, grant an injunction by consent of all the parties to the 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. "consumer contract" : see section 23(3). franchising, whether or not they are also participants in another industry. (9)  If the Director of Public Prosecutions makes an application to the (3)  To avoid doubt, it is declared that: (a)  franchising is an industry for the purposes of this Part; and. payable if the accreditation is varied, transferred, suspended, revoked or section 45AF or 45AG or subsection 56BN(1) or 56CC(1); or. as the applicant ) other than the Minister or the Commission, made a The Competition and Consumer Act 2010 (CCA) covers most areas of the market: the relationships between suppliers, wholesalers, retailers, and consumers. person of a controlling interest in a corporation, the applicant is entitled "industry code" means a code regulating the conduct of participants in an undertakings as to damages. This is a compilation of the Competition and Consumer Act 2010 that shows the text of the law as amended and in force on 26 May 2020 (the compilation date). such a provision; or, (d)  inducing, or attempting to induce, whether by threats, promises or subsection (1) or (2). (3)  An accreditation is granted on the basis that no compensation is "mandatory industry code" means an industry code that is declared by thing; (b)  whether or not the person has previously refused or failed to do (4)  The power of the Court to grant an injunction restraining a person Court for the grant of an injunction under this section in relation to: (a)  a person's contravention, or proposed contravention, of "infringement notice compliance period" : see subsection 51ACI(1). the industry. (2)  To avoid doubt, a person may be accredited even if the person: (a)  is not a body corporate established by or under a ( Court for the grant of an injunction under this section, the Court shall not (2)  For the purposes of this Part, a voluntary industry code binds a

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