Acts of Parliament assented to - Act No. 114 to 121 of 2017

Overview

The Competition and Consumer Amendment (Competition Policy Review) Act 2017 was assented to on 27 October 2017, amending the Competition and Consumer Act 2010 to enhance competition policy and consumer protection in Australia. This Act was enacted by the Parliament of Australia, addressing the need for updated competition laws to better protect consumers and foster fair competition. The policy objective of the Act is to ensure a competitive market environment that benefits consumers and businesses alike by updating the mechanisms and processes for competition enforcement. The Act responds to findings from the Competition Policy Review, aiming to strengthen the effectiveness of competition law in addressing modern market challenges.

Scope and Application

The Competition and Consumer Amendment (Competition Policy Review) Act 2017 applies to all entities and individuals engaged in trade and commerce within Australia, as well as any conduct or transactions that fall within the scope of the Competition and Consumer Act 2010. This Act extends to all states and territories within the Commonwealth of Australia. The Act's amendments are primarily concerned with the review and enhancement of competition policy, ensuring that the competitive process is effective and beneficial for consumers. There are no explicit exclusions stated within the text, but the application may be refined through subordinate instruments or regulations. Similarly, the Competition and Consumer Amendment (Abolition of Limited Merits Review) Act 2017 also targets entities and individuals in trade and commerce across Australia, reinforcing the competitive framework by abolishing certain limited merits reviews, thus streamlining the process for assessing anti-competitive behaviour and mergers. Both Acts demonstrate a commitment to maintaining fair competition and protecting consumer interests throughout the nation.

Key Provisions

The Competition and Consumer Amendment (Competition Policy Review) Act 2017 (section 1) amends the Competition and Consumer Act 2010, which governs the rules around competition and consumer protection in Australia. The main provisions of this act involve reviewing and potentially modifying certain aspects of the original act to ensure it remains effective and relevant. The act is designed to address issues that may have emerged since the initial enactment of the Competition and Consumer Act 2010. The Australian Border Force Amendment (Protected Information) Act 2017 (section 2) amends the Australian Border Force Act 2015, which is responsible for protecting Australia’s borders and regulating the movement of people and goods into and out of the country. The primary focus of this amendment is to strengthen the protection of sensitive information held by the Australian Border Force. It imposes specific obligations on the Australian Border Force to safeguard information that could compromise national security, the safety of individuals, or the integrity of border operations. Under these acts, the parties and entities they govern are required to adhere to specific standards and practices. For example, entities covered by the Competition and Consumer Amendment (Competition Policy Review) Act 2017 must comply with any new regulations or prohibitions introduced through the review process. This may include providing additional information, modifying business practices, or facing penalties for non-compliance. The Australian Border Force, as governed by the Australian Border Force Amendment (Protected Information) Act 2017, must implement enhanced measures to protect sensitive information, ensuring that it is not disclosed or used inappropriately. Breaches of the provisions in these acts can result in significant consequences. For the Competition and Consumer Amendment (Competition Policy Review) Act 2017, violations of the amended provisions may result in penalties such as fines and other enforcement actions. The exact penalties depend on the nature and severity of the breach but can be substantial under Australian law. Similarly, under the Australian Border Force Amendment (Protected Information) Act 2017, unauthorised disclosure of protected information can lead to criminal charges. The maximum penalties for such offences include imprisonment and fines, reflecting the serious nature of the breach of national security and personal safety.