Competition and Consumer Act 2010 (Cth)

Competition and Consumer Act 2010

No. 51, 1974

Compilation No. 159

Compilation date: 1 July 2025

Includes amendments: Act No. 137, 2024

This compilation is in 4 volumes

Volume 1:sections 1–53ZZC

Volume 2: sections 55–113

Volume 3: sections 10.01–192

Volume 4: Schedules

Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Competition and Consumer Act 2010 that shows the text of the law as amended and in force on 1 July 2025 (the compilation date).

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.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act relating to competition, fair trading and consumer protection, and for other purposes

Chapter 1PreliminaryPart IPreliminary1Short title

This Act may be cited as the Competition and Consumer Act 2010.

2Object 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.

2AApplication 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.

2BApplication 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;
(aaa)
Part IVBA;
(aa)
Part V;
(b)
Part XIB;
(ba)
Part XICA;
(c)
the other provisions of this Act so far as they relate to the above provisions;
(d)
the acquisitions 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.

2BAApplication of Parts IV and IVA to local government bodies

(1)
Parts IV and IVA apply 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.

2CActivities 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 persons who are all acting for the Crown in the same right (and none of whom is an authority of the Commonwealth or an authority of a State or Territory); or
(ii)
only persons who are all acting for the same authority of the Commonwealth; or
(iii)
only persons who are all acting for the same authority of a State or Territory; or
(iv)
only the Crown in right of the Commonwealth and one or more non‑commercial authorities of the Commonwealth; or
(v)
only the Crown in right of a State or Territory and one or more non‑commercial authorities of that State or Territory; or
(vi)
only non‑commercial authorities of the Commonwealth; or
(vii)
only non‑commercial authorities of the same State or Territory; or
(viii)
only persons who are all acting for the same local government body (within the meaning of section 2BA) or for the same incorporated company in which such a body has a controlling interest;
(d)
the acquisition of primary products by a government body under legislation, unless the acquisition occurs because:
(i)
the body chooses to acquire the products; or
(ii)
the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.
(2)
Subsection (1) does not limit the things that do not amount to carrying on a business for the purposes of sections 2A, 2B and 2BA.
(3)
In this section:
acquisition of primary products by a government body under legislation includes vesting of ownership of primary products in a government body by legislation.
government body means the Commonwealth, a State, a Territory, an authority of the Commonwealth or an authority of a State or Territory.
licence means a licence that allows the licensee to supply goods or services.
primary products means:
(a)
agricultural or horticultural produce; or
(b)
crops, whether on or attached to the land or not; or
(c)
animals (whether dead or alive); or
(d)
the bodily produce (including natural increase) of animals.
(4)
For the purposes of this section, an authority of the Commonwealth or an authority of a State or Territory is non‑commercial if:
(a)
it is constituted by only one person; and
(b)
it is neither a trading corporation nor a financial corporation.

3Repeal

The Restrictive Trade Practices Act 1971 and the Restrictive Trade Practices Act 1972 are repealed.

4Interpretation

(1)
In this Act, unless the contrary intention appears:
accountable authority has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Accreditation Registrar means:
(a)
if a person holds an appointment under subsection 56CK(1)—that person; or
(b)
otherwise—the Commission.
accredited action initiator has the meaning given by section 56AMC.
accredited data recipient has the meaning given by section 56AK.
accredited person means a person who holds an accreditation under subsection 56CA(1).
ACMA means the Australian Communications and Media Authority.
acquire includes:
(a)
in relation to goods—acquire by way of purchase, exchange or taking on lease, on hire or on hire‑purchase; and
(b)
in relation to services—accept.
acquisition determination, in respect of a notification of an acquisition, means:
(a)
a determination made under subsection 51ABZE(1) in respect of the notification; or
(b)
a determination made under subsection 51ABZW(1) in respect of a public benefit application relating to the notification.
acquisitions provision means any of the following provisions:
(a)
a provision of Division 1A of Part IV;
(b)
a provision of Part IVA;
(c)
a provision of Division 1B of Part IX;
(d)
another provision of this Act, to the extent that it relates to a provision covered by paragraph (a), (b) or (c).
acquisitions register means the register kept by the Commission under subsection 51ABZZH(1).
actionable scam intelligence has the meaning given by section 58AI.
action service provider has the meaning given by subsection 56AMB(1).
adjusted turnover, of a body corporate during a period, means the sum of the values of all the supplies that the body corporate, and any body corporate related to the body corporate, have made, or are likely to make, during the period, other than:
(a)
supplies made from any of those bodies corporate to any other of those bodies corporate; or
(b)
supplies that are input taxed; or
(c)
supplies that are not for consideration (and are not taxable supplies under section 72‑5 of the A New Tax System (Goods and Services Tax) Act 1999); or
(d)
supplies that are not made in connection with an enterprise that the body corporate carries on; or
(e)
supplies that are not connected with the indirect tax zone.
Expressions used in this definition that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act.
AEMC or Australian Energy Market Commission means the body established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.
AER or Australian Energy Regulator means the body established by section 44AE.
AER Chair means the Chair of the AER.
AER member means a member of the AER.
arrive at, in relation to an understanding, includes reach or enter into.
ASIC means the Australian Securities and Investments Commission.
associate, of an SPF consumer, means an associate (within the meaning of section 318 of the Income Tax Assessment Act 1936) of the SPF consumer who is:
(a)
a natural person who is in Australia or is ordinarily resident in Australia; or
(b)
a person who carries on a business having a principal place of business in Australia;
Australian Consumer Law means Schedule 2 as applied under Subdivision A of Division 2 of Part XI.
Australian law has the same meaning as in the Privacy Act 1988.
Australian repairer: see section 57BB.
authorisation means an authorisation under Division 1 of Part VII granted by the Commission or by the Tribunal on a review of a determination of the Commission.
authority, in relation to a State or Territory, and each external Territory, means:
(a)
a body corporate established for a purpose of the State or the Territory by or under a law of the State or Territory; or
(b)
an incorporated company in which the State or the Territory, or a body corporate referred to in paragraph (a), has a controlling interest.
Note: See also the definitions of Commonwealth authority and State or Territory authority in subsection 95A(1) (which apply in relation to Part VIIA).
authority of the Commonwealth means:
(a)
a body corporate established for a purpose of the Commonwealth by or under a law of the Commonwealth or a law of a Territory; or
(b)
an incorporated company in which the Commonwealth, or a body corporate referred to in paragraph (a), has a controlling interest.
Note: See also the definitions of Commonwealth authority and State or Territory authority in subsection 95A(1) (which apply in relation to Part VIIA).
banker includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.
binding data standard has the meaning given by subsection 56FA(3).
breach turnover period, of a body corporate, for an offence, a contravention, or an act or omission, means the longer of the following periods:
(a)
the period of 12 months ending at the end of the month in which:
(i)
for an offence—the body corporate ceased committing the offence, or was charged with the offence (whichever is earlier); or
(ii)
for a contravention—the contravention ceased, or proceedings in relation to the contravention were instituted (whichever is earlier); or
(iii)
for an act or omission—the act or omission ceased, or proceedings in relation to the act or omission were instituted (whichever is earlier);
(b)
the period ending at the same time as the period determined under paragraph (a) and starting:
(i)
for an offence—at the beginning of the month in which the body corporate committed, or began committing, the offence (as the case requires); or
(ii)
for a contravention—at the beginning of the month in which the contravention occurred or began occurring (as the case requires); or
(iii)
for an act or omission—at the beginning of the month in which the act or omission occurred or began occurring (as the case requires).
business includes a business not carried on for profit.
business day: in Part IVA, business day has the meaning given by section 51ABK.
cartel provision has the meaning given by section 45AD.
CDR Accreditor means:
(a)
if a person holds an appointment under subsection 56CG(1)—that person; or
(b)
otherwise—the Commission.

CDR action has the meaning given by subsection 56AMA(1).
CDR action participant has the meaning given by section 56AMD.
CDR consumer has the meaning given by subsection 56AI(3) or (3A).
CDR data has the meaning given by subsection 56AI(1).
CDR declaration has the meaning given by subsection 56AMA(2).
CDR participant has the meaning given by subsection 56AL(1).
CDR provisions has the meaning given by section 56AN.
Chairperson means the Chairperson of the Commission.
Chapter 6 entity has the meaning given by subsection 51ABJ(1).
chargeable CDR data has the meaning given by subsection 56AM(1).
chargeable circumstances:
(a)
in relation to the disclosure of chargeable CDR data—has the meaning given by subsection 56AM(2); or
(b)
in relation to the use of chargeable CDR data—has the meaning given by subsection 56AM(3).
civil penalty provision of a gas market instrument means a provision of a gas market instrument that is a civil penalty provision (within the meaning of the Regulatory Powers Act).
civil penalty provision of an SPF code means:
(a)
a provision of an SPF code (see Division 3 of Part IVF) that is a civil penalty provision (within the meaning of the Regulatory Powers Act); or
(b)
subsection 58FZM(3) in relation to compliance with a direction given under subsection 58FZM(2).
civil penalty provision of an SPF principle means:
(a)
a provision of Division 2 of Part IVF (about the Scams Prevention Framework) that is a civil penalty provision (within the meaning of the Regulatory Powers Act); or
(b)
subsection 58FZM(3) in relation to compliance with a direction given under subsection 58FZM(1).
civil penalty provision of the consumer data rules means a provision of the consumer data rules that is a civil penalty provision (within the meaning of the Regulatory Powers Act).
collective boycott conduct means conduct that has a purpose referred to in subsection 45AD(3) in relation to a contract, arrangement or understanding.
collects: a person collects information only if the person collects the information for inclusion in:
(a)
a record (within the meaning of the Privacy Act 1988); or
(b)
a generally available publication (within the meaning of that Act).
Commission means the Australian Competition and Consumer Commission established by section 6A, and includes a member of the Commission or a Division of the Commission performing functions of the Commission.
Commonwealth AER member means an AER member referred to in section 44AM.
competition includes:
(a)
competition from goods that are, or are capable of being, imported into Australia; and
(b)
competition from services that are rendered, or are capable of being rendered, in Australia by persons not resident or not carrying on business in Australia.
Competition Principles Agreement means the Competition Principles Agreement made on 11 April 1995 between the Commonwealth, New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, being that agreement as in force from time to time.
Conduct Code Agreement means the Conduct Code Agreement made on 11 April 1995 between the Commonwealth, New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, being that agreement as in force from time to time.
consumer data rules means rules in force under section 56BA.
contract includes a covenant.
corporation means a body corporate that:
(a)
is a foreign corporation;
(b)
is a trading corporation formed within the limits of Australia or is a financial corporation so formed;
(c)
is incorporated in a Territory; or
(d)
is the holding company of a body corporate of a kind referred to in paragraph (a), (b) or (c).
Council means the National Competition Council established by section 29A.
Councillor means a member of the Council, including the Council President.
Council President means the Council President referred to in subsection 29C(1).
court/tribunal order has the same meaning as in the Privacy Act 1988.
covenant means a covenant (including a promise not under seal) annexed to or running with an estate or interest in land (whether at law or in equity and whether or not for the benefit of other land), and proposed covenant has a corresponding meaning.
data holder has the meaning given by subsection 56AJ(1).
data provider: see section 57BE.
data standard means a data standard made under section 56FA.
Data Standards Body means the body holding an appointment under subsection 56FJ(1).
Data Standards Chair means:
(a)
if a person holds an appointment under section 56FG—that person; or
(b)
otherwise—the Minister.
debenture includes debenture stock, bonds, notes and any other document evidencing or acknowledging indebtedness of a body corporate, whether constituting a charge on property of the body corporate or not.
de‑identified: information is de‑identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.
Deputy Chairperson means a Deputy Chairperson of the Commission.
Deputy President means a Deputy President of the Tribunal, and includes a person appointed to act as a Deputy President of the Tribunal.
Deputy Registrar means a Deputy Registrar of the Tribunal.
designated Commonwealth energy law means:
(a)
the National Electricity (Commonwealth) Law and Regulations (as defined by the Australian Energy Market Act 2004); or
(b)
the National Gas (Commonwealth) Law and Regulations (as defined by the Australian Energy Market Act 2004); or
(c)
the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations (as defined by the Australian Energy Market Act 2004); or
(d)
the National Energy Retail Law and Regulations (Commonwealth) (as defined by the Australian Energy Market Act 2004).
designated complaint: see section 154ZF.
designated gateway has the meaning given by subsection 56AL(2).
designated sector has the meaning given by subsection 56AC(1).
designated Telstra successor company: see section 581G of the Telecommunications Act 1997.
determination period:
(a)
for a notification of an acquisition—has the meaning given by subsection 51ABZI(3); and
(b)
for a public benefit application—has the meaning given by subsection 51ABZZ(2).
directly or indirectly derived has the meaning given by subsection 56AI(2).
document means any record of information, and includes:
(a)
anything on which there is writing; and
(b)
anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and

(c)
anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and
(d)
a map, plan, drawing or photograph.
dual listed company arrangement has the same meaning as in section 125‑60 of the Income Tax Assessment Act 1997.
earliest holding day has the meaning given by paragraph 56AC(2)(c).
effective application date, of a public benefit application, has the meaning given by subsection 51ABZP(6), paragraph 51ABZR(1)(a), subsection 51ABZS(5) and paragraph 51ABZT(2)(a).
effective notification date, of a notification of an acquisition, has the meaning given by subsection 51ABW(4), paragraph 51ABZ(1)(a), subsection 51ABZA(5) and subparagraph 51ABZB(2)(a)(i).
electronic communication means a communication of information by means of guided and/or unguided electromagnetic energy:
(a)
whether in the form of text; or
(b)
whether in the form of data; or
(c)
whether in the form of speech, music or other sounds; or
(d)
whether in the form of visual images (animated or otherwise); or
(e)
whether in any other form; or
(f)
whether in any combination of forms.
external Territory:
(a)
means a Territory referred to in section 122 of the Constitution, where an Act makes provision for the government of the Territory as a Territory; but
(b)
does not include a Territory covered by the definition of Territory in this subsection.
Note: The Australian Capital Territory, the Jervis Bay Territory, the Northern Territory, Norfolk Island and the Territories of Christmas Island and of Cocos (Keeling) Islands are covered by the definition of Territory in this subsection.
fee‑free CDR data has the meaning given by subsection 56AM(4).
finally considered, in relation to a notification of an acquisition, has the meaning given by subsection 51ABF(1).
financial corporation means a financial corporation within the meaning of paragraph 51(xx) of the Constitution and includes a body corporate that carries on as its sole or principal business the business of banking (other than State banking not extending beyond the limits of the State concerned) or insurance (other than State insurance not extending beyond the limits of the State concerned).
fit and proper person, in relation to accessing and using safety and security information: see section 57DB.
foreign corporation means a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and includes a body corporate that is incorporated in an external Territory.
fully‑participating jurisdiction means a State or Territory that:
(a)
is a participating jurisdiction as defined in section 150A; and
(b)
is not named in a notice in operation under section 150K.
gas market code means regulations made for the purposes of section 53L.
gas market emergency price order means an order in force under section 53M.
gas market instrument means:
(a)
a gas market code; or
(b)
a gas market emergency price order.
gas market provision means any of the following provisions:
(a)
a provision of Part IVBB;
(b)
a provision of the regulations made for the purposes of a provision of Part IVBB (including a gas market code);
(c)
a provision of a gas market emergency price order;
(d)
another provision of this Act to the extent that it relates to a provision covered by paragraph (a), (b) or (c).
give effect to, in relation to a provision of a contract, arrangement or understanding, includes do an act or thing in pursuance of or in accordance with or enforce or purport to enforce.
goods includes:
(a)
ships, aircraft and other vehicles;
(b)
animals, including fish;
(c)
minerals, trees and crops, whether on, under or attached to land or not; and
(d)
gas and electricity.
goodwill protection provision: a provision of a contract is a goodwill protection provision of the contract if:
(a)
the contract is for the sale of a business or of shares in the capital of a body corporate carrying on a business; and
(b)
the provision is solely for the protection of the purchaser in respect of the goodwill of the business.
holds: a person holds information if the person has possession or control of a record (within the meaning of the Privacy Act 1988) that contains the information.
infringement notice compliance period for an SPF infringement notice: see section 58FT.
initiating party: see section 57EB.
inspector, of an SPF regulator, has the meaning given by section 58FB.
involved, in a contravention of a civil penalty provision of an SPF principle or of a civil penalty provision of an SPF code, means:
(a)
aiding, abetting, counselling or procuring a contravention of the provision; or
(b)
inducing, whether by threats or promises or otherwise, such a contravention; or
(c)
being in any way, directly or indirectly, knowingly concerned in, or party to, such a contravention; or
(d)
conspiring with others to effect such a contravention.
judicial power means the judicial power of the Commonwealth referred to in section 71 of the Constitution.
local energy instrumentmeans a regulation, rule, order, declaration or other instrument if:
(a)
the instrument is made or has effect under a law of a State or Territory; and
(b)
the law of the State or Territory applies a uniform energy law as a law of its own jurisdiction.
member of the Commission includes the Chairperson and a person appointed to act as a member of the Commission but does not include an associate member of the Commission.
member of the Tribunal includes the President and a person appointed to act as a member of the Tribunal.
merger authorisation means an authorisation that:
(a)
is an authorisation for a person to engage in conduct to which section 50 or 50A would or might apply; but
(b)
is not an authorisation for a person to engage in conduct to which any provision of Division 1 or 2 of Part IV other than section 50 or 50A would or might apply.
New Zealand Commerce Commission means the Commission established by section 8 of the Commerce Act 1986 of New Zealand.
New Zealand Crown corporation means a body corporate that is an instrument of the Crown in respect of the Government of New Zealand.
no longer subject to review, in relation to an acquisition determination, has the meaning given by subsection 51ABF(2).
notice of competition concerns has the meaning given by subsection 51ABZK(1).
notification, of an acquisition, means a notification of the acquisition that is made to the Commission in accordance with subsection 51ABX(1).
Note: For the acquisitions to which subsection 51ABX(1) applies, see Subdivision B of Division 1 of Part IVA.
notification waiver application has the meaning given by subsection 51ABU(5).
notified acquisition has the meaning given by subsection 51ABW(2).
Note: See also subsection 51ABZD(6).
notifying party, of a notification of an acquisition, has the meaning given by subsection 51ABW(3).
organisation of employees means an organisation that exists or is carried on for the purpose, or for purposes that include the purpose, of furthering the interests of its members in relation to their employment.
overseas merger authorisation means a merger authorisation that is not an authorisation for a person to engage in conduct to which section 50 would or might apply.
participant, in proceedings for review under Division 1B of Part IX, does not include the Commission.
party:
(a)
to an acquisition—has the meaning given by subsections 51ABI(1) and (2); and
(b)
to a contract that is a covenant—includes a person bound by, or entitled to the benefit of, the covenant.
personal information has the same meaning as in the Privacy Act 1988.
personal injury includes:
(a)
pre‑natal injury; or
(b)
impairment of a person’s physical or mental condition; or
(c)
disease;
but does not include an impairment of a person’s mental condition unless the impairment consists of a recognised psychiatric illness.
phase 1 determination period, for a notification of an acquisition, has the meaning given by subsection 51ABZI(4).
phase 2 determination period, for a notification of an acquisition, has the meaning given by subsection 51ABZI(5).
practice of exclusive dealing means the practice of exclusive dealing referred to in subsection 47(2), (3), (4), (5), (6), (7), (8) or (9).
practice of resale price maintenance means the practice of resale price maintenance referred to in Part VIII.
prescribed safety and security criteria: see section 57DB.
President means the President of the Tribunal and includes a person appointed to act as President of the Tribunal.
presidential member or presidential member of the Tribunal means the President or a Deputy President.
price includes a charge of any description.
principal party, to an acquisition, has the meaning given by paragraph 51ABI(1)(a) and subsection 51ABI(2).
privacy safeguard penalty provision has the meaning given by subsection 56EU(1).
privacy safeguards means the provisions in Subdivisions B to F of Division 5 of Part IVD (about the consumer data right).
provision, in relation to an understanding, means any matter forming part of the understanding.
public benefit application has the meaning given by subsection 51ABZP(5).
public benefit assessment has the meaning given by subsection 51ABZZA(1).
purportedly puts into effect, in relation to an acquisition, has the meaning given by subsection 45AV(2).
reasonable steps, for the purposes of Division 2 of Part IVF (about overarching principles of the Scams Prevention Framework), has a meaning affected by section 58BB.
registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.
registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
Registrar means the Registrar of the Tribunal.
regulated entity has the meaning given by section 58AD.
regulated sector has the meaning given by subsection 58AC(1).
regulated service has the meaning given by section 58AD.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
require, in relation to the giving of a covenant, means require or demand the giving of a covenant, whether by way of making a contract containing the covenant or otherwise, and whether or not a covenant is given in pursuance of the requirement or demand.
required to be notified, in relation to an acquisition, has the meaning given by sections 51ABO and 51ABS and subsections 51ABT(1) and 51ABV(6).
responding party: see section 57EB.
RTO course: see section 57BC.
Note: RTO is short for registered training organisation.
safety and security information: see section 57BF.
safety information: see section 57BF.
scam has the meaning given by section 58AG.
scheme adviser means the motor vehicle service and repair information scheme adviser appointed under section 57FA.
scheme information: see section 57BD.
scheme offer: see section 57CA.
scheme price, for scheme information: see section 57CA.
scheme RTO: see section 57BC.
Note: RTO is short for registered training organisation.
scheme rules means rules made by the Minister under section 57GE.
scheme vehicle: see section 57BA.
security information: see section 57BF.
send includes deliver, and sent and sender have corresponding meanings.
senior officer, of a regulated entity, means:
(a)
an officer (within the meaning of the Corporations Act 2001) of the entity; or
(b)
a senior manager (within the meaning of that Act) of the entity.
sensitive information has the same meaning as in the Privacy Act 1988.
services includes any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities that are, or are to be, provided, granted or conferred in trade or commerce, and without limiting the generality of the foregoing, includes the rights, benefits, privileges or facilities that are, or are to be, provided, granted or conferred under:
(a)
a contract for or in relation to:
(i)
the performance of work (including work of a professional nature), whether with or without the supply of goods;
(ii)
the provision of, or the use or enjoyment of facilities for, amusement, entertainment, recreation or instruction; or
(iii)
the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction;
(b)
a contract of insurance;
(c)
a contract between a banker and a customer of the banker entered into in the course of the carrying on by the banker of the business of banking; or
(d)
any contract for or in relation to the lending of moneys;
but does not include rights or benefits being the supply of goods or the performance of work under a contract of service.
share includes stock.
South Australian Electricity Legislation means:
(a)
the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time; and
(b)
any regulations, as in force from time to time, made under Part 4 of that Act.
The reference in paragraph (a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.
South Australian Energy Retail Legislation means:
(a)
the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time; and
(b)
any regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law.
The reference in paragraph (a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.
South Australian Gas Legislation means:
(a)
the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time; and
(b)
any regulations, as in force from time to time, made under Part 3 of that Act.
The reference in paragraph (a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.
SPF civil penalty order means a civil penalty order under Part 4 of Regulatory Powers Act (as that Part applies because of section 58FJ of this Act).
SPF code has the meaning given by section 58CB.
SPF consumer has the meaning given by section 58AH.
SPF EDR scheme, for a regulated sector, means an external dispute resolution scheme authorised under subsection 58DB(1) for the sector.
SPF general regulator has the meaning given by section 58EB.
SPF governance policies, procedures, metrics and targets, for a regulated entity for a regulated sector, means the entity’s:
(a)
policies and procedures required under paragraph 58BD(1)(a) for the sector; and
(b)
performance metrics and targets required under paragraph 58BD(1)(c) for those policies and procedures.
SPF infringement notice means an infringement notice issued under subsection 58FO(1) or (2).
SPF personal information means:
(a)
personal information; or
(b)
information relating to a person that may be used (whether alone or in conjunction with other information) to access:
(i)
a service or an account; or
(ii)
funds, credit or other financial benefits.
SPF principles means the provisions in Subdivisions B to G of Division 2 of Part IVF (about the Scams Prevention Framework).
SPF provisions has the meaning given by section 58AJ.
SPF regulator means:
(a)
the SPF general regulator; or
(b)
the SPF sector regulator for a regulated sector.
SPF rules means rules made under section 58GE.
SPF sector regulator has the meaning given by section 58ED.
stale, in relation to a notification of an acquisition, has the meaning given by section 51ABG.
State/Territory AER member means an AER member referred to in section 44AP.
State/Territory energy law means any of the following laws:
(a)
a uniform energy law that applies as a law of a State or Territory;
(b)
a law of a State or Territory that applies a law mentioned in paragraph (a) as a law of its own jurisdiction;
(c)
any other provisions of a law of a State or Territory that:
(i)
relate to energy; and
(ii)
are prescribed by the regulations for the purposes of this paragraph;
being those provisions as in force from time to time.
stayed, in relation to an acquisition, has the meaning given by section 51ABE and subsections 51ABZZM(2) and (3).
subject to a condition: for when putting a notified acquisition into effect is subject to a condition, see section 51ABH.
subject to phase 2 review has the meaning given by paragraph 51ABZJ(2)(a).
supply, when used as a verb, includes:
(a)
in relation to goods—supply (including re‑supply) by way of sale, exchange, lease, hire or hire‑purchase; and
(b)
in relation to services—provide, grant or confer;
and, when used as a noun, has a corresponding meaning, and supplied and supplier have corresponding meanings.
takeover acquisition, in relation to a takeover bid, means:
(a)
an acquisition that results from the acceptance of an offer under the bid; or
(b)
an acquisition, by or on behalf of the bidder (within the meaning of the Corporations Act 2001), of securities in the bid class (within the meaning of that Act), that:
(i)
results from an on‑market transaction (within the meaning of that Act); and
(ii)
occurs during the bid period.
takeover bid has the same meaning as in the Corporations Act 2001.
target, of an acquisition, has the meaning given by subsection 51ABI(3).
Telstra has the same meaning as in the Telstra Corporation Act 1991.
Territory means the following:
(a)
the Australian Capital Territory;
(b)
the Jervis Bay Territory;
(c)
the Northern Territory;
(d)
Norfolk Island;
(e)
the Territory of Christmas Island;
(f)
the Territory of Cocos (Keeling) Islands.
the Court or the Federal Court means the Federal Court of Australia.
this Act includes Schedule 2 to the extent that it is applied under Subdivision A of Division 2 of Part XI.
trade or commerce means trade or commerce within Australia or between Australia and places outside Australia.
trading corporation means a trading corporation within the meaning of paragraph 51(xx) of the Constitution.
Tribunal means the Australian Competition Tribunal, and includes a member of that Tribunal or a Division of that Tribunal performing functions of that Tribunal.
uniform energy law means:
(a)
the South Australian Electricity Legislation; or
(b)
the South Australian Gas Legislation; or
(c)
the Western Australian Gas Legislation; or
(ca)
the South Australian Energy Retail Legislation; or
(d)
provisions of a law of a State or Territory that:
(i)
relate to energy; and
(ii)
are prescribed by the regulations for the purposes of this subparagraph;
being those provisions as in force from time to time.
vehicle identification number, in relation to a scheme vehicle, means the number allocated to the vehicle in accordance with the national road vehicle standards as in force from time to time under the Road Vehicle Standards Act 2018.
virtual enquiry technology means any technology that allows a person to appear at all or part of a hearing, examination or other enquiry without being physically present at the hearing, examination or other enquiry.

voluntary action service provider has the meaning given by subsection 56AMB(2).
Western Australian Gas Legislation means:
(a)
the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time; and
(b)
any regulations, as in force from time to time, made under Part 3 of that Act.
The reference in paragraph (a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.

(2)
In this Act:
(a)
a reference to engaging in conduct shall be read as a reference to doing or refusing to do any act, including the making of, or the giving effect to a provision of, a contract or arrangement, the arriving at, or the giving effect to a provision of, an understanding or the engaging in of a concerted practice;
(b)
a reference to conduct, when that expression is used as a noun otherwise than as mentioned in paragraph (a), shall be read as a reference to the doing of or the refusing to do any act, including the making of, or the giving effect to a provision of, a contract or arrangement, the arriving at, or the giving effect to a provision of, an understanding or the engaging in of a concerted practice;
(c)
a reference to refusing to do an act includes a reference to:
(i)
refraining (otherwise than inadvertently) from doing that act; or
(ii)
making it known that that act will not be done; and
(d)
a reference to a person offering to do an act, or to do an act on a particular condition, includes a reference to the person making it known that the person will accept applications, offers or proposals for the person to do that act or to do that act on that condition, as the case may be.
(3)
Where a provision of this Act is expressed to render a provision of a contract unenforceable if the provision of the contract has or is likely to have a particular effect, that provision of this Act applies in relation to the provision of the contract at any time when the provision of the contract has or is likely to have that effect notwithstanding that:
(a)
at an earlier time the provision of the contract did not have that effect or was not regarded as likely to have that effect; or
(b)
the provision of the contract will not or may not have that effect at a later time.
(4)
In this Act:
(a)
a reference to the acquisition of shares in the capital of a body corporate shall be construed as a reference to an acquisition, whether alone or jointly with another person, of any legal or equitable interest in such shares; and
(b)
a reference to the acquisition of assets of a person shall be construed as a reference to an acquisition, whether alone or jointly with another person, of any legal or equitable interest in such assets but does not include a reference to an acquisition by way of charge only or an acquisition in the ordinary course of business.

4ASubsidiary, holding and related bodies corporate

(1)
For the purposes of this Act, a body corporate shall, subject to subsection (3), be deemed to be a subsidiary of another body corporate if:
(a)
that other body corporate:
(i)
controls the composition of the board of directors of the first‑mentioned body corporate;
(ii)
is in a position to cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the first‑mentioned body corporate; or
(iii)
holds more than one‑half of the allotted share capital of the first‑mentioned body corporate (excluding any part of that allotted share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital); or
(b)
the first‑mentioned body corporate is a subsidiary of any body corporate that is that other body corporate’s subsidiary (including any body corporate that is that other body corporate’s subsidiary by another application or other applications of this paragraph).
(2)
For the purposes of subsection (1), the composition of a body corporate’s board of directors shall be deemed to be controlled by another body corporate if that other body corporate, by the exercise of some power exercisable by it without the consent or concurrence of any other person, can appoint or remove all or a majority of the directors, and for the purposes of this provision that other body corporate shall be deemed to have power to make such an appointment if:
(a)
a person cannot be appointed as a director without the exercise in his or her favour by that other body corporate of such a power; or
(b)
a person’s appointment as a director follows necessarily from his or her being a director or other officer of that other body corporate.
(3)
In determining whether a body corporate is a subsidiary of another body corporate:
(a)
any shares held or power exercisable by that other body corporate in a fiduciary capacity shall be treated as not held or exercisable by it;
(b)
subject to paragraphs (c) and (d), any shares held or power exercisable:
(i)
by any person as a nominee for that other body corporate (except where that other body corporate is concerned only in a fiduciary capacity); or
(ii)
by, or by a nominee for, a subsidiary of that other body corporate, not being a subsidiary that is concerned only in a fiduciary capacity;
shall be treated as held or exercisable by that other body corporate;
(c)
any shares held or power exercisable by any person by virtue of the provisions of any debentures of the first‑mentioned body corporate, or of a trust deed for securing any allotment of such debentures, shall be disregarded; and
(d)
any shares held or power exercisable by, or by a nominee for, that other body corporate or its subsidiary (not being held or exercisable as mentioned in paragraph (c)) shall be treated as not held or exercisable by that other body corporate if the ordinary business of that other body corporate or its subsidiary, as the case may be, includes the lending of money and the shares are held or the power is exercisable by way of security only for the purposes of a transaction entered into in the ordinary course of that business.
(4)
A reference in this Act to the holding company of a body corporate shall be read as a reference to a body corporate of which that other body corporate is a subsidiary.
(5)
Where a body corporate:
(a)
is the holding company of another body corporate;
(b)
is a subsidiary of another body corporate; or
(c)
is a subsidiary of the holding company of another body corporate;
that first‑mentioned body corporate and that other body corporate shall, for the purposes of this Act, be deemed to be related to each other.
(5A)
For the purposes of Parts IV, VI and VII and the acquisitions provisions:
(a)
a body corporate that is a party to a dual listed company arrangement is taken to be related to the other body corporate that is a party to the arrangement; and
(b)
a body corporate that is related to one of the parties to the arrangement is taken to be related to the other party to the arrangement; and
(c)
a body corporate that is related to one of the parties to the arrangement is taken to be related to each body corporate that is related to the other party to the arrangement.
(6)
In proceedings under this Act, whether in the Court or before the Tribunal or the Commission, it shall be presumed, unless the contrary is established, that bodies corporate are not, or were not at a particular time, related to each other.

4BConsumers

(1)
For the purposes of this Act, unless the contrary intention appears, a person is taken to have acquired particular goods or services as a consumer if the person would be taken to have acquired the goods or services as a consumer under section 3 of the Australian Consumer Law.
(2)
If it is alleged in:
(a)
any proceeding under this Act; or
(b)
any other proceeding in respect of a matter arising under this Act;
that a person was a consumer in relation to particular goods or services, it is presumed, unless the contrary is established, that the person was a consumer in relation to those goods or services.

4CAcquisition, supply and re‑supply

In this Act, unless the contrary intention appears:
(a)
a reference to the acquisition of goods includes a reference to the acquisition of property in, or rights in relation to, goods in pursuance of a supply of the goods;
(b)
a reference to the supply or acquisition of goods or services includes a reference to agreeing to supply or acquire goods or services;
(c)
a reference to the supply or acquisition of goods includes a reference to the supply or acquisition of goods together with other property or services, or both;
(d)
a reference to the supply or acquisition of services includes a reference to the supply or acquisition of services together with property or other services, or both;
(e)
a reference to the re‑supply of goods acquired from a person includes a reference to:
(i)
a supply of the goods to another person in an altered form or condition; and
(ii)
a supply to another person of goods in which the first‑mentioned goods have been incorporated;
(f)
a reference to the re‑supply of services (the original services) acquired from a person (the original supplier) includes a reference to:
(i)
a supply of the original services to another person in an altered form or condition; and
(ii)
a supply to another person of other services that are substantially similar to the original services, and could not have been supplied if the original services had not been acquired by the person who acquired them from the original supplier.

4EMarket

For the purposes of this Act, unless the contrary intention appears, market means a market in Australia and, when used in relation to any goods or services, includes a market for those goods or services and other goods or services that are substitutable for, or otherwise competitive with, the first‑mentioned goods or services.

4FReferences to purpose or reason

(1)
For the purposes of this Act:
(a)
a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding shall be deemed to have had, or to have, a particular purpose if:
(i)
the provision was included in the contract, arrangement or understanding or is to be included in the proposed contract, arrangement or understanding for that purpose or for purposes that included or include that purpose; and
(ii)
that purpose was or is a substantial purpose; and
(b)
a person shall be deemed to have engaged or to engage in conduct for a particular purpose or a particular reason if:
(i)
the person engaged or engages in the conduct for purposes that included or include that purpose or for reasons that included or include that reason, as the case may be; and
(ii)
that purpose or reason was or is a substantial purpose or reason.
(2)
This section does not apply for the purposes of subsections 45D(1), 45DA(1), 45DB(1), 45E(2) and 45E(3).

4GLessening of competition to include preventing or hindering competition

For the purposes of this Act, references to the lessening of competition shall be read as including references to preventing or hindering competition.

4HApplication of Act in relation to leases and licences of land and buildings

In this Act:
(a)
a reference to a contract shall be construed as including a reference to a lease of, or a licence in respect of, land or a building or part of a building and shall be so construed notwithstanding the express references in this Act to such leases or licences;
(b)
a reference to making or entering into a contract, in relation to such a lease or licence, shall be read as a reference to granting or taking the lease or licence; and
(c)
a reference to a party to a contract, in relation to such a lease or licence, shall be read as including a reference to any person bound by, or entitled to the benefit of, any provision contained in the lease or licence.

4JJoint ventures

In this Act:
(a)
a reference to a joint venture is a reference to an activity in trade or commerce:
(i)
carried on jointly by two or more persons, whether or not in partnership; or
(ii)
carried on by a body corporate formed by two or more persons for the purpose of enabling those persons to carry on that activity jointly by means of their joint control, or by means of their ownership of shares in the capital, of that body corporate; and
(b)
a reference to a contract or arrangement made or understanding arrived at, or to a proposed contract or arrangement to be made or proposed understanding to be arrived at, for the purposes of a joint venture shall, in relation to a joint venture by way of an activity carried on by a body corporate as mentioned in subparagraph (a)(ii), be read as including a reference to the memorandum and articles of association, rules or other document that constitute or constitutes, or are or is to constitute, that body corporate.

4KLoss or damage to include injury

In this Act:
(a)
a reference to loss or damage, other than a reference to the amount of any loss or damage, includes a reference to injury; and
(b)
a reference to the amount of any loss or damage includes a reference to damages in respect of an injury.

4KADefinitions etc. that do not apply in Part XI or Schedule 2

Despite any other provision of this Act, sections 4 to 4K do not affect the meaning of any expression used in Part XI or Schedule 2, unless a contrary intention appears.

4LSeverability

If the making of a contract after the commencement of this section contravenes this Act by reason of the inclusion of a particular provision in the contract, then, subject to any order made under section 51ADB, 53ZO or 87, nothing in this Act affects the validity or enforceability of the contract otherwise than in relation to that provision in so far as that provision is severable.

4MSaving of law relating to restraint of trade and breaches of confidence

(1)
This Act does not affect the operation of:
(a)
the law relating to restraint of trade in so far as that law is capable of operating concurrently with this Act; or
(b)
the law relating to breaches of confidence;
but nothing in the law referred to in paragraph (a) or (b) affects the interpretation of this Act.
(2)
Paragraph (1)(b) does not apply for the purposes of section 57CD.

4NExtended application of Part IIIA

(1)
Part IIIA, and the other provisions of this Act so far as they relate to Part IIIA, extend to services provided by means of facilities that are, or will be, wholly or partly within:
(a)
an external Territory; or
(b)
the offshore area, within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, of a State, a Territory or an external Territory.
(3)
Nothing in subsection (1) affects the operation of section 15B of the Acts Interpretation Act 1901 in respect of the application of Part IIIA, and of the other provisions of this Act so far as they relate to Part IIIA, in any part of:
(a)
the coastal sea of Australia; or
(b)
the coastal sea of an external Territory;
that is on the landward side of each of the offshore areas referred to in that subsection.
(4)
For the purposes of this section:
service includes proposed service covered by Division 2A of Part IIIA.

5Extended application of this Act to conduct outside Australia

(1)
Each of the following provisions:
(a)
Part IV;
(aa)
Part IVBA;
(ab)
Part IVE;
(b)
Part XI;
(ba)
Part XICA;
(c)
the Australian Consumer Law (other than Part 5‑3);
(f)
the remaining provisions of this Act (to the extent to which they relate to any of the provisions covered by paragraph (a), (aa), (ab), (b), (ba) or (c));
(fa)
the acquisitions provisions;
extends to the engaging in conduct outside Australia by:
(g)
bodies corporate incorporated or carrying on business within Australia; or
(h)
Australian citizens; or
(i)
persons ordinarily resident within Australia.
(1A)
In addition to the extended operation that section 46A has by virtue of subsection (1), that section extends to the engaging in conduct outside Australia by:
(a)
New Zealand and New Zealand Crown corporations; or
(b)
bodies corporate carrying on business within New Zealand; or
(c)
persons ordinarily resident within New Zealand.
(2)
In addition to the extended operation that sections 47 and 48, and Divisions 3 and 4 of Part IVE, have by virtue of subsection (1), those provisions extend to the engaging in conduct outside Australia by any persons in relation to the supply by those persons of goods or services to persons within Australia.

6Extended application of this Act to persons who are not corporations

(1)
Without prejudice to its effect apart from this section, this Act also has effect as provided by this section.
(2)
This Act, other than Parts IIIA, VIIA and X, has, by force of this subsection, the effect it would have if:
(a)
any references in this Act other than in section 45DB, or section 33 or 155 of the Australian Consumer Law, to trade or commerce were, by express provision, confined to trade or commerce:
(i)
between Australia and places outside Australia; or
(ii)
among the States; or
(iii)
within a Territory, between a State and a Territory or between two Territories; or
(iv)
by way of the supply of goods or services to the Commonwealth or an authority or instrumentality of the Commonwealth; and
(b)
the following provisions:
(i)
sections 45AF, 45AG, 45AJ, 45AK, 45, 45D to 45EB (other than section 45DB), 46 and 46A;
(ia)
Part V (other than Division 5);
(ii)
Part VIII;
(iii)
sections 31 and 43, Division 3 of Part 3‑1, and sections 50, 153, 163, 164 and 168, of the Australian Consumer Law;
were, by express provision, confined in their operation to engaging in conduct to the extent to which the conduct takes place in the course of or in relation to:
(iv)
trade or commerce between Australia and places outside Australia; or
(v)
trade or commerce among the States; or
(vi)
trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or
(vii)
the supply of goods or services to the Commonwealth or an authority or instrumentality of the Commonwealth; and
(c)
any reference in Division 1 of Part 3‑2 of the Australian Consumer Law to a contract for the supply of goods or services and any reference in Part 3‑5 or 5‑4 of the Australian Consumer Law to the supply of goods or services, were, by express provision, confined to a contract made, or the supply of goods or services, as the case may be:
(i)
in the course of, or in relation to, trade or commerce between Australia and places outside Australia; or
(ii)
in the course of, or in relation to, trade or commerce among the States; or
(iii)
in the course of, or in relation to, trade or commerce within a Territory, between a State and a Territory or between two Territories; and
(ca)
any reference in Part 2‑3 of the Australian Consumer Law to a contract were, by express provision, confined to a contract made:
(i)
in the course of, or in relation to, trade or commerce between Australia and places outside Australia; or
(ii)
in the course of, or in relation to, trade or commerce among the States; or
(iii)
in the course of, or in relation to, trade or commerce within a Territory, between a State and a Territory or between two Territories; and
(d)
in paragraph 87(3)(a) the words “in so far as it confers rights or benefits or imposes duties or obligations on a corporation” were omitted; and
(ea)
subsections 45D(3), 45D(4) and 45DA(3) were repealed, the words “In the circumstances specified in subsections (3) and (4)” were omitted from subsection 45D(1) and the words “In the circumstances specified in subsection (3)” were omitted from subsection 45DA(1); and
(eb)
the second sentence in subsection 45E(1) were omitted; and
(g)
subsection 96(2) were omitted; and
(h)
subject to paragraphs (d), (e), (ea), (eb) and (g), a reference in this Act to a corporation, except a reference in section 4, 48, 49, 50, 50A, 77A, 81, 151AE or 151AJ, in an acquisitions provision or in section 229 of the Australian Consumer Law, included a reference to a person not being a corporation.
(2A)
So far as subsection (2) relates to Division 1 or 2 of Part IV, that subsection has effect in relation to a participating Territory as if the words “within a Territory,” were omitted from subparagraphs (2)(a)(iii) and (2)(b)(vi). For this purpose, participating Territory means a Territory that is a participating Territory within the meaning of Part XIA but is not named in a notice in operation under section 150K.
Cartel conduct
(2C)
In addition to the effect that this Act (other than Parts IIIA, VIIA and X) has as provided by another subsection of this section, this Act (other than Parts IIIA, VIIA and X) has, by force of this subsection, the effect it would have if:
(a)
the reference in paragraph 45AD(2)(c) to goods or services supplied, or likely to be supplied, were, by express provision, confined to goods or services supplied, or likely to be supplied, to corporations or classes of corporations; and

ad. No. 103, 2010
Chapter 4
Part 4‑1
Division 1
s 151..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 152..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 153..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 154..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 155..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 156..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 157..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 158..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 159..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 160..........................................	ad No 103, 2010
Division 2
s 161..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 162..........................................	ad No 103, 2010
am No 93, 2018; No 132, 2018; No 54, 2022
s 163..........................................	ad No 103, 2010
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Division 3
s 164..........................................	ad No 103, 2010
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Division 4
s 165..........................................	ad No 103, 2010
s 166..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
Division 5
s 167..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 168..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
Part 4‑2
Division 1
s. 169.........................................	ad. No. 103, 2010
Division 2
Subdivision A
ss. 170–173................................	ad. No. 103, 2010
Subdivision B
ss. 174–177................................	ad. No. 103, 2010
Subdivision C
s 178..........................................	ad No 103, 2010
s 179..........................................	ad No 103, 2010
am No 114, 2017
s 180..........................................	ad No 103, 2010
s 181..........................................	ad No 103, 2010
Subdivision D
s 182..........................................	ad No 103, 2010
s 183..........................................	ad No 103, 2010
s 184..........................................	ad No 103, 2010
s 185..........................................	ad No 103, 2010
s 186..........................................	ad No 103, 2010
s 187..........................................	ad No 103, 2010
am No 61, 2018; No 135, 2020
Division 3
s 188..........................................	ad No 103, 2010
am No 130, 2012
s 189..........................................	ad No 103, 2010
am No 130, 2012
s 190..........................................	ad No 103, 2010
am No 130, 2012
s 191..........................................	ad No 103, 2010
am No 130, 2012
Division 3A
Division 3A................................	ad No 133, 2018
s 191A.......................................	ad No 133, 2018
s 191B.......................................	ad No 133, 2018
s 191C.......................................	ad No 133, 2018
s 191D.......................................	ad No 133, 2018
s 191E........................................	ad No 133, 2018
Division 4
ss. 192, 193................................	ad. No. 103, 2010
Part 4‑3
Division 1
s 194..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 195..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 196..........................................	ad No 103, 2010
am No 136, 2024
Division 2
s 197..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 198..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
Division 3
s 199..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 200..........................................	ad No 103, 2010
s 201..........................................	ad No 103, 2010
Division 4
s. 202.........................................	ad. No. 103, 2010
Part 4‑4
s 203..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
s 204..........................................	ad No 103, 2010
am No 93, 2018; No 54, 2022
Part 4‑5
ss. 205, 206................................	ad. No. 103, 2010
Part 4‑6
ss. 207–211................................	ad. No. 103, 2010
Part 4‑7
ss. 212–217................................	ad. No. 103, 2010
Chapter 5
Part 5‑1
Division 1
s. 218.........................................	ad. No. 103, 2010
Division 2
ss. 219–222................................	ad. No. 103, 2010
Division 3
s. 223.........................................	ad. No. 103, 2010
Part 5‑2
Division 1
s 224..........................................	ad No 103, 2010
am No 93, 2018; No 133, 2018; No 54, 2022; No 136, 2024
s 225..........................................	ad No 103, 2010
s 226..........................................	ad No 103, 2010
s 227..........................................	ad No 103, 2010
s 228..........................................	ad No 103, 2010
s 229..........................................	ad No 103, 2010
s 230..........................................	ad No 103, 2010
Division 2
s 232..........................................	ad No 103, 2010
am No 147, 2015; No 54, 2022
s 233..........................................	ad No 103, 2010
s 234..........................................	ad No 103, 2010
s 235..........................................	ad No 103, 2010
Division 3
s. 236.........................................	ad. No. 103, 2010
Division 4
Division 4 heading......................	am No 54, 2022
Subdivision A heading.................	rep No 54, 2022
s 237..........................................	ad No 103, 2010
am No 147, 2015; No 54, 2022
s 238..........................................	ad No 103, 2010
am No 147, 2015; No 54, 2022
Subdivision B heading.................	am No 54, 2022
rep No 54, 2022
s 239..........................................	ad No 103, 2010
am No 147, 2015; No 54, 2022
s 240..........................................	ad No 103, 2010
am No 54, 2022
s 241..........................................	ad No 103, 2010
am No 54, 2022
Subdivision C heading.................	rep No 54, 2022
s 242..........................................	ad No 103, 2010
am No 147, 2015
rep No 54, 2022
s 243..........................................	ad No 103, 2010
s 243A.......................................	ad No 54, 2022
s 243B.......................................	ad No 54, 2022
s 244..........................................	ad No 103, 2010
rep No 54, 2022
s 245..........................................	ad No 103, 2010
rs No 54, 2022
Division 5
s 246..........................................	ad No 103, 2010
am No 132, 2018
s 247..........................................	ad No 103, 2010
am No 54, 2022
s 248..........................................	ad No 103, 2010
am No 54, 2022
s 249..........................................	ad No 103, 2010
s 250..........................................	ad No 103, 2010
rs No 147, 2015
am No 54, 2022
Division 6
ss. 251–253................................	ad. No. 103, 2010
Part 5‑3
s 254..........................................	ad No 103, 2010
s 255..........................................	ad No 103, 2010
am No 5, 2017; No 94, 2020
s 256..........................................	ad No 103, 2010
rep No 5, 2017
s 257..........................................	ad No 103, 2010
rep No 5, 2017
s 258..........................................	ad No 103, 2010
Part 5‑4
Division 1
Subdivision A
s 259..........................................	ad No 103, 2010
s 260..........................................	ad No 103, 2010
am No 141, 2020
s 261..........................................	ad No 103, 2010
s 262..........................................	ad No 103, 2010
s 263..........................................	ad No 103, 2010
s 264..........................................	ad No 103, 2010
s 265..........................................	ad No 103, 2010
s 266..........................................	ad No 103, 2010
Subdivision B
s 267..........................................	ad No 103, 2010
s 268..........................................	ad No 103, 2010
am No 141, 2020
s 269..........................................	ad No 103, 2010
s 270..........................................	ad No 103, 2010
Division 2
ss. 271–273................................	ad. No. 103, 2010
Division 3
ss. 274–276................................	ad. No. 103, 2010
s. 276A......................................	ad. No. 103, 2010
s. 277.........................................	ad. No. 103, 2010
Part 5‑5
Division 1
ss. 278–286................................	ad. No. 103, 2010
Division 2
s. 287.........................................	ad. No. 103, 2010
Chapter 6
Chapter 6...................................	ad No 130, 2012
Part 1
s 288..........................................	ad No 130, 2012
s 289..........................................	ad No 130, 2012
s 290..........................................	ad No 130, 2012
Part 1A
Part 1A......................................	ad No 147, 2015
s 290A.......................................	ad No 147, 2015
Part 2
Part 2.........................................	ad No 114, 2017
s 291..........................................	ad No 114, 2017
s 292..........................................	ad No 114, 2017
Part 3
Part 3.........................................	ad No 93, 2018
s 295..........................................	ad No 93, 2018
Part 4
Part 4.........................................	ad No 132, 2018
s 296..........................................	ad No 132, 2018
s 297..........................................	ad No 132, 2018
s 298..........................................	ad No 132, 2018
s 299..........................................	ad No 132, 2018
s 300..........................................	ad No 132, 2018
s 301..........................................	ad No 132, 2018
Part 5
Part 5.........................................	ad No 133, 2018
s 302..........................................	ad No 133, 2018
Part 6
Part 6.........................................	ad No 141, 2020
s 303..........................................	ad No 141, 2020
am No 54, 2022
Part 7
Part 7.........................................	ad No 54, 2022
s 304..........................................	ad No 54, 2022
s 305..........................................	ad No 54, 2022
Part 8
Part 8.........................................	ad No 136, 2024
s 306..........................................	ad No 136, 2024
s 307..........................................	ad No 136, 2024
s 308..........................................	ad No 136, 2024
s 309..........................................	ad No 136, 2024

Endnote 5Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Chapter 1 (heading)

Kind of editorial change

Give effect to the misdescribed amendment as intended

Details of editorial change

Schedule 1 item 2 of the Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024 provides as follows:

Before Part 1

Insert:

Chapter 1—Preliminary

Part 1 does not appear. However, Part I does appear.

This compilation was editorially changed to insert the Chapter 1 heading before Part I to give effect to the misdescribed amendment as intended.

Paragraph 104(a)

Kind of editorial change

Give effect to the misdescribed amendments as intended

Details of editorial change

Schedule 1 item 54 of the Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024 instructs to insert “or by the Commission” after “before the Tribunal” in paragraph 104(a).

The text “before the Tribunal” appears twice in paragraph 104(a).

This compilation was editorially changed to insert “or by the Commission” after “before the Tribunal” (second occurring) in paragraph 104(a) to give effect to the misdescribed amendment as intended.

Paragraph 51(1C)(b) of Schedule 1

Kind of editorial change

Give effect to the misdescribed amendment as intended

Details of editorial change

Schedule 1 item 78 of the Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024 provides as follows:

Paragraph 51(1C)(b) of Schedule 1

Before “section 50 or 50A”, insert “Division 1A or”.

The text “section 50 or 50A” does not appear in paragraph 51(1C)(b) of Schedule 1. However, the text “section 50” does appear.

This compilation was editorially changed to insert “Division 1A or” before “section 50” in paragraph 51(1C)(b) of Schedule 1 to give effect to the misdescribed amendment as intended.