Application for declaration of shipping channel services. The act is the legislative vehicle for competition law in australia, and seeks to promote competition, fair trading as well as providing protection for consumers. Jurisdictional surprises in the competition and consumer act. Competition and consumer act 2010 cth aherns lawyers.
Prior to 1 january 2011, it was known as the trade practices act 1974 tpa. An act to provide for free competition in all spheres. Penalties australian consumer law competition and consumer act 2010 schedule 2 consumer affairs victoria. Small business and the competition and consumer act. Trade practices act 1974, which will be called the competition and consumer act 2010 from 1 january 2011. Competition authority and the competition tribunal, and for connected purposes l. Competition and consumer act 2010 sect 47 exclusive dealing 1 subject to this section, a corporation shall not, in trade or commerce, engage in the practice of exclusive dealing. Penalties that apply if victorian businesses do not meet their legal obligations under the australian consumer law competition and consumer act 2010 schedule 2. Short title this act may be cited as the competition act, 2010. Competition and consumer act 2010, accessed 20 march 2015 the australian consumer law is located in schedule 2 of the competition and consumer act details of the terms of reference, submissions to the committee and the final report are available on the inquiry homepage, accessed 10 april 2015 economics legislation committee, competition and consumer deregulatory. The competition and consumer act 2010 cca is a national law that governs how businesses must deal with suppliers, competitors and customers, and covers aspects of business such as advertising and price setting. An act relating to competition, fair trading and consumer protection, and for other purposes.
Act 712 competition act 2010 arrangement of sections part i preliminary section 1. Industry, innovation, science, research and tertiary education. The questions arise in the context of an application to the council by glencore coal pty ltd glencore regarding access to the port of newcastle, but are also directed more generally to how the designated minister is. Act means the competition and consumer act 2010 aemo has the same meaning as in the renewable energy electricity act 2000 approved form means a form approved under regulation 4a. Last updated 9 january 2019 there is a variety of specific and general legislation that aims to protect consumers entering contracts. Competition and consumer act 2010 sect 47 exclusive. For example, to prevent the publication of misleading or deceptive advertising. Legislation that applies to the whole of the marketplace include. Competition and consumer act 2010 federal register of legislation. The accc is an independent statutory authority that enforces the competition and consumer act 2010 previously the trade practices act 1974 and other. Competition law is the general term for the body of law regulating the market behaviour of corporate and business entities and industrial organisations and structures, so as to preserve competition for the benefit of consumers consumer protection is t he protection of consumers against misleading and deceptive statements or conduct by suppliers. Fair trading australian consumer law amendment act 2010. Competition and consumer act 2010 table of provisions long title part ipreliminary 1. 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 8 goods affixed to land or premises.
The australian competition and consumer commission part ii section 16. It forms part of the new australian consumer law acl. The text of any of those amendments not in force on that date is appended in the notes section. The competition and consumer act 2010 which replaced the trade practices act 1974 on 1 january 2011 aims to give businesses a fair and competitive operating environment it covers anticompetitive conduct, price fixing, unconscionable conduct and other issues, such as advertising. Competition and consumer act 2010 43 compilation no. Competition and consumer act 2010 tobacco control laws. Under section 801 of the competition and consumer act 2010 cth an injunction can be obtained to stop a breach of the act.
B 4102010 w hereas the process of competition encourages efficiency, innovation. Competition and consumer amendment deregulatory and other. The principles in the competition principles agreement have status as guidelines 44e. The role of the accc in financial services money management. Jurisdictional surprises in the competition and consumer act the introduction of the competition and consumer act contains a number of new provisions that did not exist in the trade practices act some of which modify the rules on which the court has the power to exercise jurisdiction over australian consumer law claims there was little doubt that most claims against corporations falling. Paged competition act no12 of 2010 kenya law reports.
Trade practices act 1974 is a national law that governs how all businesses in australia must deal with their competitors, suppliers and customers. The competition and consumer act 2011 cth cca came into operation on 1 january 2011, replacing the trade practices act 1974 cth tpa. In addition, the act enables the minister or the australian competition and consumer commission accc to apply for an order directing publication of an advertisement to rectify the. Prior to 1 january 2011, it was known as the trade practices act 1974. Fair trading amendment australian consumer law act 2010 no 107 amendment of fair trading act 1987 no 68 schedule 1 6 an investigator who seizes any consumer goods, or equipment used in the manufacturing, processing or storage of consumer goods, under this section must provide a receipt for the goods or equipment. Listen to pdf accessibility this publication is designed to help small businesses understand their key rights and responsibilities under the competition and consumer act. Competition and consumer act 2010 cca formerly the. In 2010 the commonwealth labor government introduced amendments to the existing trade practices act. Western australian legislation consumer affairs act 1971. This compilation is affected by a retrospective amendment, please see statute law revision act 2012 act no.
We handle all matters relating to the competition and consumer act 2010 cth, including misleading and deceptive conduct and claims for breaches of consumer guarantees in relation to goods and services. Competition and consumer law commercial law library. Misuse of market power reforms pass senate knowledge. 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. Interpretation in this act, unless the context otherwise requires. For the first time in australia, firms with market power will now need to carefully consider whether the conduct they engage in, or propose to engage in, could be said to have the purpose, or have or be likely to have the effect, of lessening competition.
Competition and consumer act means the competition and consumer act 2010. Competition and consumer act 2010 cth competition and consumer act fair trading act 1989 qld fair trading act. As a small business operator its important youre familiar with your rights and obligations under the law. A guide to competition and consumer law nt consumer affairs. Application of act to commonwealth and commonwealth authorities 2b. Application of part iv to local government bodies 2c. Competition and consumer act 2010 consumer protection notice no. Standard form of access agreement for the purposes of part xic of the competition and consumer act 2010. While the structure of the cca for the most part mirrors that of the tpa, the act has imposed significant and. Its purpose is to enhance the welfare of australians by promoting fair trading and competition, and through the provision of consumer protections. Competition and consumer act 2010 cth thursday, september 21, 2017. It applies to all businesses both streetfront and online operations.
Comply with competition and consumer laws service nsw. Sfaa wholesale broadband agreement product catalogue product description nbn co ethernet bitstream service 2 nbn co limited. Small business and the competition and consumer act accc. But as grant holley and michelle chasser explain, that is a dangerous way to think because the accc is still very relevant. As part of the first draft of amendments to this area of law the government has introduced provisions relating to unfair contracts. It is administered by the australian competition and consumer. The competition and consumer act 2010 cth and the australian consumer law 3. This act may be cited as the competition and consumer protection act, 2010, and shall come into operation on such date as the minister may, by statutory instrument, appoint. The competition and consumer act 2010 cca the cca prohibits a wide range of anticompetitive practices, including. Note the australian consumer law text is accessible at law. Act 712 competition act 2010 an act to promote economic development by promoting and protecting the process of competition, thereby protecting the interests of consumers and to provide for matters connected therewith.
Competition and consumer law department of commerce. The objectives of the competition and consumer act cca are to enhance the welfare of australians by promoting competition and fair trading, and to provide protection to australian. This compilation is affected by a retrospective amendment, please see competition and consumer legislation amendment act 2011 act no. The competition and consumer act 2010 cca formerly the trade. Trade practices amendment australian consumer law act no. The competition and consumer act 2010 the competition and consumer act 2010 cca covers most areas of the market. The competition and consumer act business queensland. Advice on all issues pertaining to misleading and deceptive conduct. There has been a tendency to forget about the accc ever since the regulation of consumer protection in the financial services industry moved to asic in 2001.
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