Competition and Consumer Regulations 2010 (consolidated as of March 26, 2019), Australia, WIPO Lex

Main text(s)

English Competition and Consumer Regulations 2010 (consolidated as of March 26, 2019)

Competition and Consumer Regulations 2010 (consolidated as of March 26, 2019)

Competition and Consumer Regulations 2010

Authorised Version F2019C00238 registered 29/03/2019

Statutory Rules No. 170, 1974

made under the

Competition and Consumer Act 2010

Compilation No. 68

Compilation date: 26 March 2019

Includes amendments up to: F2019L00368

Registered: 29 March 2019

Prepared by the Office of Parliamentary Counsel, Canberra

About this compilation

This compilation

This is a compilation of the Competition and Consumer Regulations 2010 that shows the text

of the law as amended and in force on 26 March 2019 (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 Legislation Register

(www.legislation.gov.au). 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 series page on the Legislation 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

series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the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.

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Contents

Part 1—Preliminary 1 1 Name of Regulations......................................................................... 1

2 Interpretation..................................................................................... 1

3 Computation of time ......................................................................... 1

4 Directions in Forms........................................................................... 2

4A Approved form.................................................................................. 2

Part 2—General 3 4AA Registrar of the Tribunal ................................................................... 3

5 Seal of the Commission .................................................................... 3

6 Offices of Commission ..................................................................... 3

6AA Federal Court orders about energy laws............................................ 3

6A Application to Council for declaration recommendation .................. 4

6B Application to the Council for a recommendation on the

effectiveness of an access regime ..................................................... 4

6BA Application to the Council for a recommendation to revoke a

decision that a regime is an effective access regime ......................... 5

6C Notification of access dispute ........................................................... 5

6D Withdrawal of notification ................................................................ 6

6E Summons to witness—access arbitration .......................................... 7

6F Costs of an access arbitration............................................................ 7

6FA Approval of competitive tender process for construction and

operation of a facility—content of application.................................. 8

6FB Approval of competitive tender process for construction and

operation of a facility—requirements for tender process .................. 8

6FC Report on conduct of tender process ............................................... 10

6G Application for registration of a contract for access........................ 10

6H Inspection of Part IIIA registers and copies of documents.............. 11

6I Evidence of Part IIIA register documents ....................................... 11

6J Access Codes prepared by industry bodies (Act,

section 44ZZAA) ............................................................................ 12

7 Australian Energy Regulator may disclose information to

prescribed persons and bodies (Act paragraph 44AAF(3)(e))......... 12

7A Prescribed energy laws (Act subparagraph 4(1)(c)(ii)) ................... 14

7AA Australian Energy Regulator functions ........................................... 14

7B Merits review by Tribunal (Act subsection 44ZZR(2))................... 15

7C Register of applications for review under State/Territory

energy law (Act subsection 44ZZR(2))........................................... 15

7D Confidentiality claims etc (Act subsection 44ZZR(2)) ................... 16

8 Prescribed association or body for purposes of

paragraph 51(2)(c) of the Act.......................................................... 17

8A Professional standards schemes ...................................................... 17

Period after which notice of resale price maintenance comes

into force......................................................................................... 21

11 Service of documents on the Commission ...................................... 21

12 Service of documents on persons other than the Commission ........ 21

13 Recording of date of receipt of applications or notices ................... 23

14 Evidence in respect of receipt etc of documents ............................. 23

15 Seal of the Tribunal......................................................................... 23

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16 Hours of Registrar’s office.............................................................. 23

17 Title of proceedings before the Tribunal ......................................... 23

18 Filing or lodging of documents with the Registrar.......................... 24

19 File number of proceedings............................................................. 24

20 Applications for review................................................................... 24

20A Applications for review of certain access decisions........................ 25

21 Address for service in proceedings before Tribunal........................ 25

22 Directions by the Tribunal as to certain matters.............................. 26

22A Evidence of persons not attending the Tribunal .............................. 26

22B Participation in review of certain access decisions ......................... 26

23 Orders and determinations of Tribunal ........................................... 27

24 Confidentiality ................................................................................ 27

25 Summons to witness ....................................................................... 28

26 Continuance of proceedings and matters notwithstanding

non-compliance with Regulations or direction................................ 28

27 Inspection of, and furnishing of copies of, documents.................... 29

28 Fees................................................................................................. 29

28A Services and activities for which the Commission may

charge.............................................................................................. 31

28AA Protection of persons appearing on another person’s behalf ........... 32

Part 2A—Review by Tribunal of access determinations 33 28B Definitions for Part 2A.................................................................... 33

28C Applications for review................................................................... 33

28D Notice about participation in a review ............................................ 33

28E Participants in a review................................................................... 33

28F Constitution of the Tribunal for conduct of a review ...................... 34

28G Member of Tribunal presiding ........................................................ 34

28H Reconstitution of Tribunal .............................................................. 34

28I Determination of question............................................................... 34

28J Disclosure of interests by members of Tribunal.............................. 34

28K Hearing to be in private................................................................... 35

28L Representation at a review hearing ................................................. 35

28M Procedure of Tribunal ..................................................................... 35

28N Summons to witness—review hearing............................................ 36

28P Taking of evidence by a single member.......................................... 36

28Q Application of regulations............................................................... 36

Part 2B—Telecommunications access regime 37

Division 1—Definitions for Part 2B 37

28R Definitions ...................................................................................... 37

Division 2—Access generally 38

28S Billing information.......................................................................... 38

Division 4—Documents 40

28Y Definition........................................................................................ 40

28Z Copies of documents in Part XIB or Part XIC register ................... 40

Part 3—International liner cargo shipping 41 29 Interpretation................................................................................... 41

30 Office of the Registrar .................................................................... 41

31 Fees................................................................................................. 41

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32 Register of conference agreements: prescribed particulars ............. 41

33 Register of designated shipper bodies: prescribed particulars......... 42

34 Register of non-conference ocean carriers with substantial

market power: prescribed particulars .............................................. 42

35 Register of obligations concerning unfair pricing practices:

prescribed particulars ...................................................................... 43

36 Register of ocean carrier agents: prescribed particulars .................. 43

37 Loyalty agreements: notifications relating to exemptions:

prescribed particulars ...................................................................... 43

38 Application for provisional registration of conference

agreement........................................................................................ 43

38A Special circumstances for inwards conference agreement .............. 44

39 Notice about negotiations................................................................ 44

40 Application for final registration of a conference agreement .......... 45

41 Form of abstract .............................................................................. 46

42 Notice of the happening of an affecting event................................. 46

43 Undertakings................................................................................... 46

44 Application by ocean carrier for registration of agent..................... 47

45 Notice of change of agent etc.......................................................... 47

46 Manner of making applications and giving notices......................... 47

47 Verification of documents............................................................... 48

Part 5—Authorisations, notifications and clearances in respect

of restrictive trade practices—prescribed matters 49 71A Collective bargaining contracts—motor vehicle fuel for retail

sale .................................................................................................. 49

71B Collective bargaining contracts—motor vehicles for retail

sale .................................................................................................. 49

71C Collective bargaining contracts—farm machinery for retail

sale .................................................................................................. 49

71D Collective bargaining contracts—primary production .................... 49

75 Waiver of fee for application relating to non-merger

authorisation ................................................................................... 49

76 Search and Seizure—identity card for inspectors ........................... 50

Part 6—Australian Consumer Law 51 77 Prescribed requirements for definition of assert a right to

payment........................................................................................... 51

78 Prescribed requirements for warning statements............................. 51

79 Specification of body ...................................................................... 51

80 Specification of person ................................................................... 51

80A Single price does not apply to surcharges on food or

beverage in restaurants.................................................................... 51

81 Agreements that are not unsolicited consumer agreements—

general ............................................................................................ 52

82 Information relating to identity of dealer ........................................ 54

83 Information about termination period ............................................. 54

84 Form and way of giving information about termination

period .............................................................................................. 54

85 Information for front page of agreement or agreement

document......................................................................................... 54

86 Requirements for front page of agreement...................................... 55

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87 Requirements for notice accompanying agreement or

agreement document ....................................................................... 55

88 Application of Division 2, Part 3-2 of Australian Consumer

Law to emergency repair contract ................................................... 55

89 Application of Division 2, Part 3-2 of Australian Consumer

Law to particular unsolicited consumer agreement ......................... 56

89A Gift cards ........................................................................................ 56

89B Gift cards—fees or charges that are not post-supply fees and

charges ............................................................................................ 56

89C Application of Division 3A of Part 3-2 of the Australian

Consumer Law to gift cards ............................................................ 57

90 Requirements for warranties against defects................................... 58

91 Requirement for notice relating to repair of goods ......................... 59

92 Laws specified for supplier reports about consumer goods

associated with death, serious injury or illness of any person ......... 60

92A Application of Division 3A of Part 4-2 of the Australian

Consumer Law to gift cards ............................................................ 61

92B Enforcement of the Australian Consumer Law—identity card

for inspectors................................................................................... 61

Part 7—Transitional matters—Australian Consumer Law 63

regulation 82 and regulations 83 to 87—1 January 2011 to

30 June 2011 ................................................................................... 63

1 January 2011 to 31 December 2011............................................. 64

93 Saving State or Territory laws for compliance with

94 Application of section 86 of Australian Consumer Law—

95 Application of paragraph 86(1)(a) of Australian Consumer

Law ................................................................................................. 65

Part 8—Other transitional and application provisions 66

Division 1—Application of amendments made by the

Competition and Consumer Amendment

(Competition Policy Review) Regulations 2017 66

96 Meaning of amending Part ............................................................. 66

97 Application of amendments ............................................................ 66

Division 2—Application of amendments made by the

Competition and Consumer Amendment

(Australian Consumer Law Review)

Regulations 2018 67

98 Application—unsolicited consumer agreements ............................. 67

99 Application—warranties against defects......................................... 67

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Schedule 1—Forms—General 68

Part 1—Forms—General 68

Part 4—Forms for Tribunal and Commission proceedings 69

Schedule 1A—Matters for which no fee is payable 84

Schedule 1B—Fees payable to Commission for

applications and notices 85

Schedule 2—Fees—registration of conference

Schedule 3—Forms—registration of conference

Form 1—Application for provisional registration of a

Form 2—Application for final registration of a conference

Form 7—Notice to change of agent, change of address or

agreements 86

agreements 87

conference agreement 87

agreement 88

Form 3—Abstract of confidential parts of agreement 89

Form 4—Notice of the happening of an affecting event 90

Form 5—Offer to give undertaking 91

Form 6—Application by ocean carrier for registration of agent 92

change of particulars 93

Endnotes 94

Endnote 1—About the endnotes 94

Endnote 2—Abbreviation key 95

Endnote 3—Legislation history 96

Endnote 4—Amendment history 100

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Preliminary Part 1

Regulation 1

Part 1—Preliminary

1 Name of Regulations

These Regulations are the Competition and Consumer Regulations 2010.

2 Interpretation

(1) In these Regulations:

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.

Audit Bureau of Circulations means the organisation formed in 1932 which

audits print circulation for the media industry.

Competition Code has the same meaning as in Part XIA of the Act.

large proprietary company has the meaning given by subsection 45A(3) of the

Corporations Act 2001.

proprietary company has the meaning given by subsection 45A(1) of the

Corporations Act 2001.

subsidiary has the meaning given by section 9 of the Corporations Act 2001.

(2) In these Regulations, a reference to a Form by a letter, or letters, is a reference to

the Form so lettered in Schedule 1.

(3) In these Regulations (including any form provided for by these Regulations),

unless the contrary intention appears (from section 150C of the Act or

otherwise):

(a) a reference to the Act, or to the Act and these Regulations, includes a

reference to the Competition Code; and

(b) a reference to a provision of the Act (including a reference to a Part,

Division or Subdivision of the Act) includes a reference to that provision

having effect as a provision of the Competition Code; and

Part of these Regulations) includes a reference to that provision having

effect as a provision of the Competition Code.

3 Computation of time

(1) Where a period of time dating from a given day, act or event is prescribed by or

allowed under these Regulations for doing an act or taking a proceeding, the time

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shall be reckoned exclusive of the day, or of the day of the act or event, from

which the time dates.

(2) Where the time prescribed by or allowed under these Regulations for doing an

act or taking a proceeding expires on a Saturday or Sunday or on a day on which

the office of the Registrar is closed, the act may be done or the proceeding may

be taken on the first day following that is not a Saturday, Sunday or day on

which that office is closed.

4 Directions in Forms

A person completing any document that is required to be in accordance with a

Form in Schedule 1 or Schedule 3 shall complete that document in accordance

with any directions contained in the Form, including any directions with regard

to the furnishing of other documents.

4A Approved form

The Commonwealth Minister may, in writing, approve a form for a purpose

authorised or required by these Regulations.

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General Part 2

Regulation 4AA

Part 2—General

4AA Registrar of the Tribunal

In this Part, unless the contrary intention appears:

Registrar means the Registrar of the Tribunal and, except in subregulation 15(3),

includes a Deputy Registrar.

5 Seal of the Commission

(1) The seal of the Commission shall be of a design approved by the Chairperson

and shall include:

(a) the Commonwealth Arms, that is to say, the Armorial Ensigns and

Supporters granted and assigned for the Commonwealth of Australia by

Royal Warrant dated 19 September 1912; and

(b) the words “Australian Competition and Consumer Commission”.

(3) The seal of the Commission shall be affixed by or with the authority of the

person performing the duties of Secretary to the Commission to such documents

as are required by these Regulations or by a direction of a member of the

Commission to be sealed with the seal of the Commission.

6 Offices of Commission

(1) The Commission shall maintain an office at each of the following places,

namely, Canberra, Sydney, Melbourne, Brisbane, Adelaide, Perth, Hobart and

Darwin, and shall maintain offices at such other places as it determines.

(2) The Commission shall notify in the Gazette the address of each of its offices and

any change in such an address.

6AA Federal Court orders about energy laws

(1) For paragraph 44AAG(2)(e) of the Act, the following kinds of orders are

prescribed:

(a) an order that includes a direction that the loads of the person to whom the

order applies be disconnected in accordance with the rules;

(b) an order that includes a direction that the person to whom the order applies

be suspended from, as the case requires, purchasing or supplying electricity

through the wholesale exchange operated and administered by AEMO.

Note: The Commonwealth, State and Territory co-operative scheme is set out in legislation.

The National Electricity (South Australia) Act 1996 of South Australia is the lead

legislation, and has been applied by the other participants in the scheme as a law of

their jurisdictions.

AEMO is the operator of the electricity wholesale exchange.

(2) In subregulation (1):

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rules means rules mentioned in paragraph (c) of the definition of South

Australian Electricity Legislation in subsection 4(1) of the Act, to the extent that

they apply as part of:

(a) a uniform energy law that is applied as a law of the Commonwealth; or

(b) a State/Territory energy law.

Note: Uniform energy law and State/Territory energy law are defined in subsection 4(1) of

the Act.

6A Application to Council for declaration recommendation

An application to the Council under subsection 44F(1) of the Act for a

declaration recommendation in respect of a particular service must include the

following information:

(a) the applicant’s name and, if the applicant is the designated Minister or an

organisation, the name and contact details of a contact officer for the

Minister or organisation;

(b) the applicant’s address for the delivery of documents (which may be an

electronic address), including the notification of any decision of the

designated Minister or the Council, relating to the application or the

declaration recommendation;

(d) the name of the provider, or of each provider, of the service and, if a

provider does not own the facility, the name of the owner, or of each

owner, of the facility, as the case requires;

(e) the reason for seeking access (or increased access) to the service;

(f) the applicant’s reasons for believing that all of the declaration criteria for

the service are satisfied;

(l) a description of efforts, if any, that have been made to negotiate access to

the service.

6B Application to the Council for a recommendation on the effectiveness of an

access regime

An application to the Council under subsection 44M(2) of the Act for a

recommendation on the effectiveness of a regime for access to a service must

include the following information:

(a) the name of the State or Territory on whose behalf the application is made;

(b) the name and designation of the responsible Minister for the State or

Territory;

(d) the responsible Minister’s address for the delivery of documents, including

the notification of any decision of the Commonwealth Minister or the

Council, relating to the application or the recommendation;

(e) a description of the access regime (including a copy of any relevant

legislation);

(f) a description of the service;

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(g) grounds in support of the application.

6BA Application to the Council for a recommendation to revoke a decision that

a regime is an effective access regime

An application to the Council under subsection 44NBA(3) of the Act for a

recommendation in respect of a regime for access to a particular service must

include the following information:

(a) the applicant’s name and, if the applicant is the responsible Minister or an

organisation, the name and contact details of a contact officer for the

Minister or organisation;

(b) the applicant’s address for the delivery of documents (which may be an

electronic address), including the notification of any decision of the

responsible Minister or the Council, relating to the recommendation;

(d) grounds in support of the application.

Note: For the application to be successful, the grounds in support of the application would

need to satisfy the Council of the matters in subsection 44NBA(5) of the Act.

6C Notification of access dispute

(1) A notification under section 44S of the Act of an access dispute in relation to a

declared service must include the following information:

(a) the name of the person notifying the dispute (in this regulation called the

notifier) and, if the notifier is not an individual, the name and contact

details of a contact person for the notifier;

(b) the notifier’s address for the delivery of documents relating to matters

arising out of the notification (which may be an electronic address);

(i) if the notifier is the provider—the name and other particulars of the

third party; or

(ii) if the notifier is the third party—the name and other particulars of the

provider, or of each provider, of the service and, if the provider does

not own the facility, the name of the owner, or of each owner, of the

facility, as the case requires;

(d) a short description of the business (existing and anticipated) of the notifier;

(e) a description of the service and of the facility used to provide the service;

(f) a description of the access dispute, including:

(i) whether the dispute is about the varying of existing access

arrangements and, if so, a description of those arrangements; and

(ii) each aspect of the access to the service on which the parties to the

dispute are able to agree; and

(iii) each aspect of the access to the service on which the parties to the

dispute are not able to agree;

(g) a description of efforts, if any, to resolve the dispute;

(h) to the best of the notifier’s knowledge, particulars of:

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(i) any existing user of the service, including a brief description of how,

if at all, access would affect the user; and

(ii) any person having a right (contractual or otherwise) to require the

provider to provide the service to that person, including a description

of how, if at all, access would affect that right;

(j) whether access would involve extending the facility;

(k) to the best of the notifier’s knowledge, an estimate or description of the

direct costs of providing access to the service to the third party, indicating

who will bear those costs;

(l) whether access will involve the third party becoming the owner (or one of

the owners) of any part of the facility, or of extensions of the facility, and,

if so:

(i) a short description of the circumstances by which the third party’s

ownership would arise; and

(ii) whether the provider consents, or will consent, to the third party

becoming an owner;

(m) a description of one or more methods by which access to the service can be

provided and details of any risk to human health or safety caused by that

method or those methods;

(n) if the notifier is the third party—a short description of the benefits from

allowing access to the service, or increased access to the service, as the

case requires.

(2) The notifier must pay to the Commission, in respect of a notification, a fee of

$2,750.

(3) A fee under subregulation (2) is payable at the time of giving the notification.

6D Withdrawal of notification

(1) A withdrawal of a notification, under section 44T of the Act:

(a) must be by notice in writing to the Commission; and

(b) must include the following information:

(i) the name of the person withdrawing the notification;

(ii) whether the person withdrawing the notification is the provider or the

third party;

(iii) a short description of the access dispute to which the notification

relates;

(iv) a reference to the relevant paragraph or subparagraph of

subsection 44T(1) of the Act under which the person withdrawing the

notification claims to be authorised to do so.

(2) At the time of giving a notice of withdrawal to the Commission under

subregulation (1), the person withdrawing the notification must give a copy of

the notice to:

(a) the provider or the third party, as the case requires, who is not withdrawing

the notification; and

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(b) any other person to whom the Commission has given notice in writing

under subsection 44S(2) of the Act.

(3) A notice of withdrawal takes effect when it is received by the Commission.

6E Summons to witness—access arbitration

(1) A summons under subsection 44ZH(2) of the Act must be in accordance with

Form AA.

(2) For the purposes of section 44ZI of the Act, a summons must be served on a

person by:

(a) delivering a copy of the summons to the person personally; and

(b) showing the original of the summons to the person at the time at which the

copy is delivered to the person.

6F Costs of an access arbitration

(1) This regulation is made for the purposes of section 44ZN of the Act.

(1A) The amount of a fee mentioned in subregulation (2) is the GST inclusive market

value of the consideration for the supply of the service of conducting an

arbitration of an access dispute.

(2) The Commission may charge, for its costs in conducting an arbitration of an

access dispute:

(a) a pre-hearing fee of:

(i) if the access dispute is in respect of a variation of an existing

determination relating to access by the third party—$2 170; or

(ii) in any other case—$10 850; and

(b) a hearing fee of $4 340 for each day, or part of a day, of the arbitration

hearing.

(3) A pre-hearing fee charged under paragraph (2)(a) is payable by the person who

notified the access dispute on or before the commencement of the arbitration

hearing.

(4) A hearing fee charged under paragraph (2)(b) for a day, or part of a day, of the

arbitration hearing:

(a) must be apportioned by the Commission between the parties appearing at

the hearing on that day; and

(b) is payable by those parties accordingly.

(5) Nothing in this regulation enables the Tribunal to charge for its costs in

conducting a review of a determination.

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Regulation 6FA

6FA Approval of competitive tender process for construction and operation of a

facility—content of application

(1) For paragraph 44PA(2)(b) of the Act, this regulation sets out requirements for an

application for approval of a tender process, for the construction and operation of

a facility that is to be owned by the Commonwealth, State or Territory, as a

competitive tender process.

(2) The application must state:

(a) the contact details of the Commonwealth Minister, or the responsible

Minister of a State or Territory, who is the applicant; and

(b) details of the proposed facility, including its nature and proposed location;

and

(i) the minimum requirements which a tender will be required to meet

before being considered under the tender process; and

(ii) the selection criteria that will be used to select the successful tenderer;

and

(iii) the date for the calling for tenders; and

(iv) the closing date for the submission of tenders; and

(v) the date by which the successful tenderer is to be selected; and

(vi) the date by which the contract or arrangement resulting from the

tender process will be entered into; and

(d) the reasons why the tender process satisfies the requirements specified in

subsection 44PA(4) of the Act.

6FB Approval of competitive tender process for construction and operation of a

facility—requirements for tender process

(1) For paragraph 44PA(4)(b) of the Act, this regulation sets out requirements which

a tender process must meet before being approved as a competitive tender

process.

(2) The tender process must relate to a proposed facility.

(3) The tender process must set out the arrangements (including procedures and

rules) that are to be followed for the conduct of the tender process, including;

(a) the selection criteria that will be used to select the successful tenderer; and

(b) the requirement for a tenderer to include in its tender the terms and

conditions on which the tenderer will provide access to the service or

services proposed to be provided by means of the facility, as specified in

accordance with paragraph 44PA(2)(a) of the Act; and

being considered.

Examples for paragraph (b) of things to be addressed in the proposed terms and conditions

1 A price or pricing methodology.

2 An obligation that the tenderer will not hinder access to the service.

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3 An obligation that the tenderer will implement a particular business structure.

4 Procedures for determining terms and conditions of access to the service.

5 How the terms and conditions of access to the service will be administered.

(4) The tender process must set out the arrangements (including procedures and

rules) that are to be followed to ensure that the successful tenderer would not

limit, or attempt to limit:

(a) the services to which access may be sought; or

(b) the construction or operation of other infrastructure which could provide

the same services to the same market as the infrastructure proposed in the

tender.

(5) The tender process must ensure that a request for tender under the process would

not limit, or attempt to limit:

(a) the configuration of the infrastructure proposed in the tender; or

(b) any other technical specification of the facility;

unless the Commission is satisfied that it would be appropriate for the request for

tender to do so.

(6) The tender process must:

(a) be designed in a way that makes it appropriate, in its circumstances, for

ensuring reasonable terms and conditions of access to the service; and

(b) be capable of being used in a way that makes it appropriate, in its

circumstances, for ensuring reasonable terms and conditions of access to

the service.

(7) For subregulation (6), when the Commission considers the approval of the tender

process it must have regard to:

(a) the persons who are likely to be competitors for the construction and

operation of the facility; and

(b) the persons who are likely to be competitors for the provision of the

services.

(8) Subregulation (7) does not limit the matters to which the Commission may have

regard when it considers the approval of the tender process.

(9) The tender process must set out proposed selection criteria that will ensure that a

tender will be selected principally on the basis that the tender will lead to the

provision of the service or services proposed to be provided by means of the

facility, as specified in accordance with paragraph 44PA(2)(a) of the Act:

(a) at the lowest sustainable access price or prices; or

(b) on terms and conditions that are otherwise most likely to promote the

objects of Part IIIA of the Act.

Note: Although a tender is to be selected principally on the basis that it offers the most

favourable access terms, as described in paragraphs (9)(a) and (b), an applicant’s tender

may address additional objectives to be taken into account in the selection process,

such as community service obligations and environmental objectives.

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(10) The tender process must set out proposed selection criteria that will ensure that a

tender will not be selected unless the terms and conditions of access to the

service or services proposed to be provided by means of the facility, as specified

in accordance with paragraph 44PA(2)(a) of the Act, are reasonable, having

regard to:

(a) the objects of Part IIIA of the Act; and

(b) the legitimate interests of the provider of the service; and

(d) the public interest, including the public interest in having competition in

markets (whether or not the markets are in Australia); and

(e) the interests of persons who may wish to have access to the service; and

(f) the objectives of procedural probity and fair dealing.

6FC Report on conduct of tender process

(1) For subsection 44PB(2) of the Act, this regulation sets out requirements for a

report on the conduct of a tender process.

(2) The report must include:

(a) details of the successful tenderer; and

(b) the terms and conditions of access to the service or services proposed to be

provided by means of the facility, as specified in accordance with

paragraph 44PA(2)(a) of the Act; and

(i) the tender process was conducted in accordance with the competitive

tender process approved by the Commission; and

(ii) the successful tenderer was selected in accordance with the selection

criteria specified in the competitive tender process approved by the

Commission.

6G Application for registration of a contract for access

(1) An application under section 44ZW of the Act for registration of a contract that

provides for access to a declared service:

(a) must be in writing; and

(b) must include the following information:

(i) the names of the parties to the contract and, if a party is not an

individual, the name and contact details of a contact person for that

party;

(ii) each party’s address for the delivery of documents in relation to the

application (which may be an electronic address);

(iii) a description of the service to which the contract relates;

(iv) a description of the contract, including the date on which the contract

was made;

(v) a description of the impact of the contract on the level of competition

in relevant markets;

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(vi) a description of the impact of the contract on other users of the

service, including particulars of those users.

(2) A fee of $5 425 is payable to the Commission in respect of an application

referred to in subregulation (1), at the time of making the application.

(3) The amount of the fee payable under subregulation (2) is the GST inclusive

market value of the consideration for the supply of the service of registration of a

contract that provides for access to a declared service.

6H Inspection of Part IIIA registers and copies of documents

(1) In this regulation and in regulation 6I, Part IIIA register means:

(a) the public register of decisions and declarations kept under section 44Q of

the Act; or

(b) the public register of registered contracts kept under section 44ZW of the

Act; or

(d) the public register of determinations kept under section 44ZZL of the Act.

(2) A person may:

(a) inspect any Part IIIA register upon request made in accordance with

subregulation (3); and

(b) obtain a copy of any document on a Part IIIA register (including, where the

person so requests, a copy certified to be a true copy by a person authorised

by the Commission to certify copies of that kind):

(i) on request made in accordance with subregulation (4); and

(ii) on payment of the fee prescribed by regulation 28.

(3) A request to inspect a Part IIIA register must be made in person at the office of

the Commission where that register is kept.

(4) A request to obtain a copy of a document contained in a Part IIIA register must

be made:

(a) in person at the office of the Commission where that register is kept; or

(b) in writing to the Commission at that office.

6I Evidence of Part IIIA register documents

(1) A copy of a document contained in a Part IIIA register, certified to be a true copy

by a person authorised by the Commission to certify copies of documents of that

kind, is to be received in all courts and tribunals as evidence of the document.

(2) A document purporting to be a copy of a document contained in a Part IIIA

is to be taken to be a true copy of the document and to be so certified, unless the

contrary is established.

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6J Access Codes prepared by industry bodies (Act, section 44ZZAA)

(1) For the purposes of paragraph 44ZZAA(3)(e) of the Act, the following matters

are, where relevant, matters which the Commission must have regard in

considering whether to accept an access code:

(a) government legislation and policies relating to ecologically sustainable

development; and

(b) social welfare and equity considerations, including community service

obligations; and

health and safety, industrial relations and access and equity: and

(d) economic and regional development, including employment and

investment growth; and

(e) the interests of consumers generally or of a class of consumers; and

(f) the competitiveness of Australian businesses; and

(g) the efficient allocation of resources.

(2) For the purposes of subsection 44ZZAA(8) of the Act, the National Electricity

Code Administrator Limited (“NECA”), Australian Company Number

073 942 775, is a prescribed industry body.

(3) For subsection 44ZZAA(8) of the Act, the Australian Energy Market

Commission is a prescribed industry body.

Note: The Australian Energy Market Commission (also known as AEMC) is established by

section 5 of the Australian Energy Market Commission Establishment Act 2004 of

South Australia, and defined in section 4 of the Competition and Consumer Act 2010.

7 Australian Energy Regulator may disclose information to prescribed persons

and bodies (Act paragraph 44AAF(3)(e))

(1) For paragraph 44AAF(3)(e) of the Act, the persons and bodies set out in the table

are prescribed persons and bodies.

Item Prescribed person or body

Commonwealth

1.1 National Competition Council, established by section 29A of the Act

1.2 Tribunal constituted by subsection 30(1) of the Act

New South Wales

2.1 Independent Pricing and Regulatory Tribunal of New South Wales established by

subsection 5(1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South

Wales

2.2 Energy and Water Ombudsman (NSW) Limited (ACN 079 718 915)

Victoria

3.2 Essential Services Commission established by subsection 7(1) of the Essential Services

Commission Act 2001 of Victoria

3.3 Energy and Water Ombudsman (Victoria) Limited (ACN 070 516 175)

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Item Prescribed person or body

Queensland

4.1 Queensland Competition Authority established by section 7 of the Queensland Competition

Authority Act 1997 of Queensland

4.2 Energy and Water Ombudsman established by section 10 of the Energy and Water

Ombudsman Act 2006 of Queensland

Western Australia

5.1 Economic Regulation Authority established by section 4 of the Economic Regulation

Authority Act 2003 of Western Australia

South Australia

6.1 Essential Services Commission established by subsection 4(1) of the Essential Services

Commission Act 2002 of South Australia

6.3 Energy Industry Ombudsman (SA) Limited (ACN 089 791 604)

Tasmania

7.1 Office of the Regulator established by subsection 5(1) of the Electricity Supply Industry Act

1995 of Tasmania

7.2 Ombudsman within the meaning of the Energy Ombudsman Act 1998 of Tasmania

Australian Capital Territory

8.1 Independent Competition and Regulatory Commission for the Australian Capital Territory

established by subsection 5(1) of the Independent Competition and Regulatory Commission

Act 1997 of the Australian Capital Territory

8.2 ACT Civil and Administrative Tribunal established by section 88 of the ACT Civil and

Administrative Tribunal Act 2008 of the Australian Capital Territory

Northern Territory

8A.1 Utilities Commission of the Northern Territory established by subsection 5(1) of the Utilities

Commission Act (NT)

Each jurisdiction that has applied the National Energy Retail Law as a law of the jurisdiction

9.1 The Minister responsible for administration of the national energy retail legislation as it

applies in the jurisdiction

(1A) A staff member or consultant assisting a person or body mentioned in items 1.1

to 8A.1 of the table in subregulation (1) in the performance of a function, or the

exercise of a power, of the person or body is also a prescribed person for

paragraph 44AAF(3)(e) of the Act.

(2) In this regulation:

National Energy Retail Law means 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.

national energy retail legislation has the meaning given in subsection 2(1) of the

National Energy Retail Law.

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7A Prescribed energy laws (Act subparagraph 4(1)(c)(ii))

For subparagraph (c)(ii) of the definition of State/Territory energy law in

subsection 4(1) of the Act, the laws set out in the following table are prescribed.

Item Prescribed laws

New South Wales

2.1 Parts 2, 3 and 4 of, and Schedule 1 to, the National Energy Retail Law (Adoption) Act 2012

of New South Wales and regulations made under Parts 2, 3 and 4 of that Act

Victoria

3.1 Parts 3 and 4 of the Gas Industry Act 2001 of Victoria

3.2 Parts 2, 3, 4 and 5 of, and Schedules 2 and 3 to, the National Electricity (Victoria) Act 2005

(Vic.) and regulations and orders made under that Act

3.3 Part 5 of the National Gas (Victoria) Act 2008 of Victoria and regulations and orders made

under that Act

Queensland

4.1A Parts 2, 3 and 4 of the Electricity—National Scheme (Queensland) Act 1997 (Qld) and

regulations made under Part 4 of that Act

4.1 Parts 2, 3, 4 and 5 of, and the Schedule to, the National Energy Retail Law (Queensland) Act

2014 (Qld), and regulations made under Parts 3, 4 and 5 of that Act

4.2 Parts 2, 3 and 4 of the National Gas (Queensland) Act 2008 (Qld) and regulations made

under Parts 2 and 4 of that Act

Western Australia

5.1 Section 15 of the Gas Pipelines Access (Western Australia) Act 1998 of Western Australia

South Australia

6.1 Parts 5, 6 and 7 of the National Energy Retail Law (South Australia) Act 2011 of South

Australia and regulations made under Parts 5 and 7 of that Act

Tasmania

7.1 Division 7 of Part 2 of the Tasmanian Electricity Supply Industry Act 1995 of Tasmania

7.2 Parts 3, 4 and 5 of the National Energy Retail Law (Tasmania) Act 2012 of Tasmania and

regulations made under Parts 3, 4 and 5 of that Act

Australian Capital Territory

8.1 Parts 5 and 6 of the National Energy Retail Law (ACT) Act 2012 of the Australian Capital

Territory and regulations made under Parts 5 and 6 of that Act

Northern Territory

9.1 Electricity Networks (Third Party Access) Act (NT) and any instruments made under that

Act

9.2 Parts 2, 3 and 4 of, and Schedule 1 to, the National Electricity (Northern Territory)

(National Uniform Legislation) Act 2015 (NT) and regulations made under Part 3 of that Act

7AA Australian Energy Regulator functions

For paragraph 44AH(b) of the Act, the AER has the following functions:

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(a) making an application for an order under section 44AAG of the Act and

conducting proceedings relating to the application;

(b) instituting and conducting appeals relating to an application mentioned in

paragraph (a).

7B Merits review by Tribunal (Act subsection 44ZZR(2))

(1) For subsection 44ZZR(2) of the Act, the following provisions of these

Regulations apply to a merits review conducted by the Tribunal:

(a) regulations 17, 18, 19 and 21;

(b) regulation 22;

(d) regulations 22A, 23 and 25;

(e) subregulation 26(1A);

(f) regulation 28M;

(h) regulation 28P.

(2) For the purposes of applying regulation 28M to a merits review conducted by the

Tribunal under a State/Territory energy law or a designated Commonwealth

energy law:

(a) treat the references in the regulation to a review hearing and a review as

references to a merits review conducted by the Tribunal under a

State/Territory energy law or a designated Commonwealth energy law; and

(b) treat the references in the regulation to a determination as references to a

decision that is subject to that merits review; and

(d) treat the references to the dispute as references to the matter that is the

subject of that merits review.

7C Register of applications for review under State/Territory energy law (Act

subsection 44ZZR(2))

(1) For subsection 44ZZR(2) of the Act, the Tribunal must keep a register of

applications for review under a State/Territory energy law.

(2) The register must include:

(a) any document given to the Tribunal in relation to an application referred to

in subregulation (1); and

(b) particulars of any oral submission made to the Tribunal in relation to such

an application; and

of the reasons given by the Tribunal for that determination;

unless regulation 7D requires the exclusion of the document, particulars or

determination.

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Regulation 7D

7D Confidentiality claims etc (Act subsection 44ZZR(2))

Requests for confidential treatment

(1) If a person gives information to the Tribunal in relation to an application referred

to in subregulation 7C(1), the person may, at the time of giving the information,

request that the information be excluded from the register and the Commission’s

website because of its confidential nature.

Confidentiality claims to be determined first

(2) If a request is made under subregulation (1), the information must be excluded

from the register and the Commission’s website until the Tribunal has made a

determination on the request.

When Tribunal must exclude information

(3) If a request is made under subregulation (1), the Tribunal must exclude the

information from the register and the Commission’s website if the information

contains particulars of:

(a) the amount of electricity or gas a person has used or has a right to obtain;

(b) the cost of gas or electricity services to the person.

When Tribunal may exclude information

(4) If a request is made under subregulation (1), the Tribunal may exclude the

information from the register and the Commission’s website if it is satisfied that

it is desirable to do so because of the confidential nature of the information.

If request refused, document may be withdrawn

(5) The Tribunal must return the document or part of the document to the person:

(a) if the Tribunal refuses a request made under subregulation (1) and the

information is contained in the document; or

(b) if the person who gave the document to the Tribunal so requires.

(6) If paragraph (5)(a) or (b) applies, the Tribunal must exclude the document or the

part of the document (as the case requires) from the register and the

Commission’s website.

If request refused, oral submission may be withdrawn

(7) The person who made the submission may withdraw all or part of the submission

if:

(a) the Tribunal refuses a request made under subregulation (1); and

(b) the information was given by way of oral submission.

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(8) If subregulation (7) applies, the Tribunal must exclude the submission or part of

the submission (as the case requires) from the register and the Commission’s

website.

Tribunal may exclude information for other reasons

(9) The Tribunal may exclude information from the register and the Commission’s

website if it is satisfied that it is desirable to do so for any reason other than the

confidential nature of the information.

8 Prescribed association or body for purposes of paragraph 51(2)(c) of the Act

For the purposes of paragraph 51(2)(c) of the Act, the Australian Gas

Association, a company limited by guarantee within the meaning of the

Companies Act 1961 of the State of Victoria, as in force at the date of

commencement of this regulation, is a prescribed association or body.

8A Professional standards schemes

For subsection 137(2) of the Act, a scheme and any modifications to the scheme

set out in the following table are prescribed.

Note: Column 2 of the table below is included for information only.

Prescribed professional standards schemes

Item Column 1 Column 2

Scheme Date prescribed

The Australian Computer Society Professional Standards

Scheme, published in the New South Wales Government

Gazette No. 142 on 19 December 2018

Note: This Scheme was formerly the Australian Computer Society Professional Standards Scheme, published in the New South Wales Government Gazette No. 109, 4 December 2015, including as modified by the extension published in the New South Wales Government Gazette No. 101, 15 September 2017.

The day the Treasury

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Schemes)

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commence

The Australian Property Institute Valuers Limited Scheme,

published in the New South Wales Government Gazette No. 34,

6 May 2016, including as modified by the amendments

published in the New South Wales Government Gazette

No. 123, 10 November 2017

Note: This Scheme was formerly the Australian Property Institute Valuers Limited Scheme, published in the New South Wales Government Gazette No. 108, 27 August 2010.

The scheme—25 May

2017

The amendments—

3 October 2018

The CPA Australia Ltd Professional Standards (Accountants) 3 October 2018

Scheme, published in the New South Wales Government

Gazette No. 138, 22 December 2017

Note: This Scheme was formerly the CPA Australia Limited Professional Standards Scheme, published in the New South Wales Government Gazette No. 124, 4 October 2013, as

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Prescribed professional standards schemes

Item Column 1

Scheme

Column 2

Date prescribed

modified by the amendments made by instruments published in the New South Wales Government Gazette No. 13, 31 January 2014 and the New South Wales Government Gazette No. 116, 5 December 2014.

7 Chartered Accountants Australia and New Zealand Professional The scheme—

Standards Scheme (NSW), including as modified by 1 December 2014

amendments published in the New South Wales Government

Gazette No. 72, 28 August 2015 The amendments—

27 February 2016

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (NSW) published in the New South Wales Government Gazette No. 70, 22 August 2014.

The Law Society of New South Wales Professional Standards

Scheme, published in the New South Wales Government

Gazette No. 87 on 7 September 2018

Note: This Scheme was formerly the Law Society of New South Wales Scheme, published in the New South Wales Government Gazette No. 78, 27 July 2012, including as modified by the extension published in the New South Wales Government Gazette No. 72, 30 June 2017.

The day the Treasury

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Schemes)

Regulations 2019

commence

9 The New South Wales Bar Association Scheme, published in The scheme—13 August

the New South Wales Government Gazette No. 17, 5 March 2015

2015, including as modified by the amendments published in The amendments— the New South Wales Government Gazette No. 123, 3 October 2018 10 November 2017

The Professional Surveyors Occupational Association Scheme,

published in the New South Wales Government Gazette

No. 147, 1 November 2013, including as modified by the

extension published in the New South Wales Government

Gazette No. 77 on 10 August 2018

The scheme—15 March

2014

The extension—the day

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Chartered Accountants Australia and New Zealand Professional

Standards Scheme (Victoria), including as modified by

amendments published in the Victoria Government Gazette No.

S 246, 28 August 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (Victoria) published in the Victoria Government Gazette No. S 264, 5 August 2014.

The scheme—

1 December 2014

The amendments—

27 February 2016

The Law Institute of Victoria Limited Scheme, published in the 25 May 2017

Victoria Government Gazette No. G 16, 21 April 2016

Note: This Scheme was formerly the Law Institute of Victoria Limited Scheme, published in the Victoria Government Gazette No. G 10, 11 March 2010.

The Victorian Bar Professional Standards Scheme, published in 14 June 2014

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Prescribed professional standards schemes

Item Column 1 Column 2

Scheme Date prescribed

the Victoria Government Gazette No. S 134, 24 April 2014

The Bar Association of Queensland Professional Standards

Scheme, approved as described in the Professional Standards

(Bar Association of Queensland Professional Standards

Scheme) Notice 2019 (Qld), 18 February 2019

Note: This Scheme was formerly the Bar Association of Queensland Scheme, published in the Queensland Government Gazette No. 40, 24 June 2013, including as modified by the extension published in the Queensland Government Gazette No. 60, 23 March 2018.

The day the Treasury

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Chartered Accountants Australia and New Zealand Professional

Standards Scheme (Queensland), including as modified by

amendments notified by the Queensland Government on

11 December 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (Queensland) notified by the Queensland Government on, 29 August 2014.

The Queensland Law Society Professional Standards Scheme,

approved as described in the Professional Standards

(Queensland Law Society Professional Standards Scheme)

Notice 2016 (Qld), 30 June 2016

Note: This Scheme was formerly the Queensland Law Society Scheme, published in the Queensland Government Gazette No. 64, 25 June 2010.

The scheme—

1 December 2014

The amendments—

27 February 2016

25 May 2017

Chartered Accountants Australia and New Zealand Professional

Standards Scheme (WA), including as modified by

amendments published in the Western Australian Government

Gazette No. 135, 1 September 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (WA) published in the Western Australian Government Gazette No. 122, 8 August 2014.

The Law Society of Western Australia Scheme, published in

the Western Australian Government Gazette No. 54, 11 April

2014

The scheme—

1 December 2014

The amendments—

27 February 2016

14 June 2014

The Western Australian Bar Association Scheme, published in

the Western Australian Government Gazette No. 57, 17 April

2014, including as modified by the extension published in the

Western Australian Government Gazette No. 196, 21 December

2018

The scheme—14 June

2014

The extension—the day

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Chartered Accountants Australia and New Zealand Professional The scheme—

Standards Scheme (SA), including as modified by amendments 1 December 2014

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Prescribed professional standards schemes

Item

Column 1

Scheme

published in the South Australian Government Gazette No. 59,

22 October 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (SA) published in the South Australian Government Gazette No. 63, 21 August 2014.

The Law Society of South Australia Professional Standards

Scheme, published in the South Australian Government Gazette

No. 21, 5 April 2017, including as modified by the amendments

published in the South Australian Government Gazette No. 77,

21 November 2017

Note: This Scheme was formerly the Law Society of South Australia Professional Standards Scheme, published in the South Australian Government Gazette No. 76, 3 November 2011.

Column 2

Date prescribed

The amendments—

27 February 2016

The scheme—

10 February 2018

The amendments—

3 October 2018

The South Australian Bar Association Inc Professional

Standards Scheme, published in the South Australian

Government Gazette No. 35, 30 May 2017

Note: This Scheme was formerly the South Australian Bar Association Inc Scheme, published in the South Australian Government Gazette No. 76, 3 November 2011.

Chartered Accountants Australia and New Zealand Professional

Standards Scheme (ACT), including as modified by

amendments notified by the ACT Government on 25 August

2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (ACT) approved on 14 July 2014.

10 February 2018

The scheme—

1 December 2014

The amendments—

27 February 2016

Chartered Accountants Australia and New Zealand Professional

Standards Scheme (NT), including as modified by amendments

published in the Northern Territory Government Gazette No.

S109, 30 November 2015

Note: This Scheme was formerly the Institute of Chartered Accountants in Australia Professional Standards Scheme (NT) published in the Northern Territory Government Gazette No. S84, 17 September 2014.

The RICSV Limited Scheme, published in the New South

Wales Government Gazette No. 109, 4 December 2015,

including as modified by amendments published in the New

South Wales Government Gazette No. 120, 23 December 2016

The scheme—

1 December 2014

The amendments—

27 February 2016

The scheme—

27 February 2016

The amendments—

10 February 2018

The Institute of Public Accountants Professional Standards

Scheme, published in the Victoria Government Gazette No. G

42, 18 October 2018

Note: This Scheme was formerly the Institute of Public Accountants Professional Standards Scheme, published in the New South Wales Government Gazette No. 135,

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Prescribed professional standards schemes

Item Column 1 Column 2

Scheme Date prescribed

28 December 2012, including as modified by the extension and amendments made by instrument published in the New South Wales Government Gazettes No. 72, 30 June 2017 and No. 118, 20 October 2017.

9 Period after which notice of resale price maintenance comes into force

For the purposes of paragraph 93(7A)(a) of the Act, the prescribed period is as

follows:

(a) for a notice given to the Commission during the 12-month period starting

at the commencement of Schedule 1 to the Competition and Consumer

Amendment (Competition Policy Review) Act 2017—28 days;

(b) otherwise—14 days.

11 Service of documents on the Commission

(1) A document to which this regulation applies may be made or given to, lodged

with, or served on, the Commission by delivering it, or causing it to be delivered

(whether by post or otherwise), at any office of the Commission.

(2) A reference in this regulation to a document to which this regulation applies shall

be read as a reference to:

(a) an application under the Act or these Regulations to be made to the

Commission;

(b) a notice under the Act or these Regulations to be given to, or lodged with,

the Commission; or

Commission.

12 Service of documents on persons other than the Commission

(1) A person who has in a document lodged with the Commission stated an address

for service may, at any time, lodge with the Commission a notice in writing

stating a new address for service (which may be an electronic address).

(2) A reference in these Regulations to an address for service shall, in relation to a

person who has notified two or more addresses for service, be read as a reference

to the later or latest of those addresses.

(3) Subject to these Regulations, a document or notice that is required or permitted

by or under the Act or these Regulations to be served on, or given to, a person in

connexion with any proceeding or matter before the Commission may be served

on, or given to, that person:

(a) where the person has, in a document or notice lodged with the

Commission, stated an address for service that is not an electronic

address—by delivering the document to the person personally or by

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delivering the document at, or by sending the document by registered post

addressed to the person at, that address; or

(aa) where the person has, in a document or notice lodged with the

Commission, stated an address for service that is an electronic address—by

sending the document to that address; or

(b) in any other case:

(i) where the person is a body corporate—by delivering the document

personally to the manager or secretary of the body corporate or, if the

body corporate has a registered office in Australia, by leaving it at that

office or by sending it by registered post addressed to the body

corporate at that office, or if the body corporate does not have a

registered office in Australia, by sending it by registered post

addressed to the body corporate at its principal place of business in

Australia; or

(ii) where the person is not a body corporate—by delivering the document

to the person or by sending the document by registered post addressed

to the person at the last known address of the person, or by sending

the document to the last electronic address the person used to contact

the Commission.

(4) Notice by the Commission under subsection 90A(2) or 93A(2) of the Act shall

be sent to a person:

(a) where the person has, in a document or notice lodged with the

Commission, stated an address for service that is not an electronic

address—by sending the notice by pre-paid post to that person at that

address; and

(aa) where the person has, in a document or notice lodged with the

Commission, stated an address for service that is an electronic address—by

sending the notice to that address; or

(b) in any other case:

(i) where the person is a body corporate which has a registered office in

Australia—by sending the notice by pre-paid post to that person at

that registered office;

(ii) where the person is a body corporate which does not have a registered

office in Australia but which has a place of business in Australia—by

sending the notice by pre-paid post to that person at its principal, or

only, place of business in Australia;

(iii) where the person is a body corporate which does not have a registered

office or a place of business in Australia—by sending the notice by

pre-paid post to that person at the registered office of that body

corporate; or

(iv) where the person is not a body corporate—by sending the notice by

pre-paid post to that person at the last known address of the person, or

by sending the notice to the last electronic address the person used to

contact the Commission.

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13 Recording of date of receipt of applications or notices

The Commission shall cause the date on which an application under Division 1

of Part VII of the Act or a notice under subsection 93(1) or section 93AB of the

Act is received in one of its offices to be recorded on the application or notice, as

the case may be.

14 Evidence in respect of receipt etc of documents

(1) In any proceedings under the Act, a certificate under the seal of the Commission

certifying that any specified fact in relation to the lodgment or receipt or

non-lodgment or non-receipt of a document, or of a document of a kind,

described in the certificate appears from the records kept by the Commission is

prima facie evidence of that fact.

(2) In any proceedings under the Act, a certificate under the seal of the Commission

certifying that it appears from the records kept by the Commission that a

document, or a document of a kind, described in the certificate has not been

received at any of the offices of the Commission is prima facie evidence of that

fact.

15 Seal of the Tribunal

(1) The seal of the Tribunal shall be of a design approved by the President and shall

include:

(a) the Commonwealth Arms, that is to say, the Armorial Ensigns and

Supporters granted and assigned for the Commonwealth of Australia by

Royal Warrant dated 19 September 1912; and

(b) the words “Australian Competition Tribunal”.

(3) The seal of the Tribunal shall be affixed by or with the authority of the Registrar

to such documents as are required by these Regulations or by a direction of a

presidential member to be sealed with the seal of the Tribunal.

16 Hours of Registrar’s office

The office of the Registrar shall be open for business on every day, other than a

Saturday, a Sunday or a day that is observed as a holiday in the Australian Public

Service by virtue of section 76 of the Public Service Act 1922-1973 in the place

where the office is situated, from 10 o’clock in the morning until 1 o’clock in the

afternoon and from 2 o’clock to 4 o’clock in the afternoon.

17 Title of proceedings before the Tribunal

(1) An application to the Tribunal under the Act and any other document filed with

the Registrar, or issued out of the office of the Registrar, in relation to

proceedings before the Tribunal shall be intituled in accordance with Form H.

(2) The Registrar may, at the request of a person proposing to institute proceedings

or of his own motion after any proceedings before the Tribunal are instituted,

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determine the description of the matter that is to form part of the title of the

proceedings and, unless the Tribunal otherwise orders, the description so

determined shall form part of the title of the proceedings for the purposes of all

documents in the proceedings after that determination.

18 Filing or lodging of documents with the Registrar

(1) The making of an application to the Tribunal under the Act and the filing of any

other document with the Registrar shall be effected by lodging it at the office of

the Registrar at a time when that office is open for business.

(2) The Registrar shall cause the date on which a document was lodged at his office

to be recorded on the document.

(3) Subregulation (2) applies in relation to a document that is lodged with the

Registrar or at his office whether or not it is, or is required to be, filed.

19 File number of proceedings

(1) The Registrar shall cause a file number to be allotted to each proceeding before

the Tribunal.

(2) The one file number may be allotted to all proceedings that, in the opinion of the

Registrar, are related to each other.

20 Applications for review

(1) An application under subsection 101(1) of the Act for a review of a

determination by the Commission:

(a) shall be in accordance with Form I; and

(b) shall be made within a period of 21 days after the date of the determination.

(2) An application under section 101A or 101B of the Act for a review of the giving

of a notice by the Commission must be made:

(a) in accordance with Form J; and

(b) within a period of 21 days after the date of the notice.

(3) An applicant for the purposes of subregulation (1) or (2) must cause a copy of the

application to be served on:

(a) the Commission; and

(b) the person (if any) who is not the applicant and who was:

(i) for an application referred to in subregulation (1) for a review of a

determination—the person who applied for the authorisation to which

the determination relates; or

(ii) for an application referred to in subregulation (2) for a review of the

giving of a notice—the person to whom the notice was given.

(4) An application under section 151CI of the Act must be in accordance with Form

JAA.

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(5) A person making an application mentioned in subregulation (4) must give a copy

of the application to the Commission.

20A Applications for review of certain access decisions

(1) An application to the Tribunal:

(a) under subsection 44K(1) of the Act for review of a declaration of a service;

(b) under subsection 44K(2) of the Act for review of a decision not to declare a

service;

declaration of a service;

must be in accordance with Form JA.

(2) An application to the Tribunal under subsection 44O(1) of the Act for review of

a decision of the Commonwealth Minister on the effectiveness of an access

regime must be in accordance with Form JB.

(2A) An application to the Tribunal under subsection 44O(1A) of the Act for review

of a decision of the Commonwealth Minister under section 44NBC of the Act

must be in accordance with Form JBA.

(3) An application to the Tribunal under subsection 44ZX(1) of the Act for review of

a decision of the Commission not to register a contract must be in accordance

with Form JC.

21 Address for service in proceedings before Tribunal

(1) Subject to any direction of the Tribunal, a person is not entitled to take any step

in, or be heard at the hearing of, proceedings before the Tribunal unless he has

filed with the Registrar a notice stating an address in Australia at which

documents may be served on him for the purposes of those proceedings and has

served a copy of that notice on any person appearing in the proceedings.

(1A) In addition to providing an address in Australia, the person may provide an

electronic address at which the documents may be served on the person.

(2) A person who has filed a notice of an address for service under this regulation

may, at any time, file a notice stating a new address for service.

(3) Where a person files a notice stating a new address for service under

subregulation (2), he shall forthwith serve a copy of the notice on any person

appearing in the proceedings.

(4) A reference in these Regulations to an address for service shall, in relation to a

person who has stated two or more addresses for service, be read as a reference

to the later or latest of those addresses.

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22 Directions by the Tribunal as to certain matters

(1) Without limiting the generality of the powers of the Tribunal under the Act or

these Regulations, the Tribunal may, in any proceedings before the Tribunal,

give directions:

(a) for securing, by means of preliminary statements of facts and contentions,

and by the production of documents, that all material facts and

considerations are brought before the Tribunal by all persons participating

in any proceedings before the Tribunal; and

(aa) with respect to evidence in proceedings before the Tribunal, including the

appointment of persons to assist the Tribunal by giving evidence (whether

personally or by means of a written report); and

(b) with respect to the representation in any such proceedings of persons

having a common interest in the proceedings.

(2) The powers of the Tribunal to give directions under subregulation (1):

(a) may be exercised by the Tribunal constituted by a presidential member;

and

(b) are subject to subsections 102(8) to (10) of the Act.

22A Evidence of persons not attending the Tribunal

(1) Subject to subregulation (2), the Tribunal may permit a person, other than a

person appearing as a witness before the Tribunal, to give evidence in

proceedings before the Tribunal by tendering a written statement.

(2) The Tribunal must not give permission under subregulation (1) in respect of a

statement, unless:

(a) the parties to the proceedings consent to the permission being given; and

(b) the statement is accompanied by a statutory declaration by the person,

verifying the information contained in the statement.

(3) A statement tendered with the permission of the Tribunal must be filed with the

Registrar.

(4) Subregulation (1) has effect subject to subsections 102(8) to (10) of the Act.

22B Participation in review of certain access decisions

(1) In a review under section 44K of the Act of a declaration of a service, the person

who applied for the declaration recommendation may participate in the review,

in addition to the provider.

(2) In a review under section 44K of the Act of a decision not to declare a service,

the provider may participate in the review, in addition to the person who applied

for the declaration recommendation.

(3) In a review under section 44L of the Act of a decision not to revoke a declaration

of a service, the person who applied for the declaration recommendation may

participate in the review, in addition to the provider.

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(4) In a review under section 44ZX of the Act of a decision not to register a contract,

any other party to the contract may participate in the review, in addition to the

party who applied for review.

23 Orders and determinations of Tribunal

(1) Each order and determination of the Tribunal and the date on which it was made

shall be recorded by the Registrar in a document signed by him.

(2) The original of each document referred to in subregulation (1) shall be filed by

the Registrar in the records of the Tribunal.

24 Confidentiality

(1) This regulation applies to a request to the Commission under a provision

mentioned in an item in the table that a document, or a part of a document, be

excluded from the register kept under the corresponding provision mentioned in

the item.

Item Provision of the Act for the making of a Corresponding provision in the Act

request for keeping of register

subsection 89(5) subsection 89(3)

subsection 95(2) subsection 95(1)

(1A) A request to which subregulation (1) applies shall be made:

(a) where the request is that a document be excluded—by writing in red near

the top of each page of the document the words “Restriction of Publication

Claimed”; and

(b) where the request is that part of a document be excluded—by writing in red

near the top of the first page of the document the words “Restriction of

Publication of Part Claimed” (and, where the document consists of more

than 5 pages, a description of where in the document that part of the

document is to be found) and by clearly marking in red that part of the

document.

(2) Where a person proposes to apply, at the hearing of proceedings before the

Tribunal, for a direction by the Tribunal under paragraph 106(2)(b) of the Act

prohibiting or restricting, by reason of the confidential nature of any evidence or

matter or for any other reason, the publication of matters contained in a

document filed or lodged with the Registrar, received in evidence by the Tribunal

or placed in the records of the Tribunal, the person may mark in red:

(a) near the top of the first page of the document, the words “Restriction of

Publication Claimed” (and, where the document consists of more than 5

pages, a description of where in the document those matters are contained);

and

(b) those matters.

(4) For the purposes of subsection 165(3) of the Act, a person may claim that a

document furnished to the Tribunal contains matter of a confidential nature by

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writing in red near the top of each page of the document the words “Restriction

of Publication Claimed”.

(5) Where the Commission has given a direction under subsection 89(5) or 95(2) of

the Act as in force immediately before 1 July 1977 in respect of a document and

that document is subsequently filed or lodged with the Registrar, received in

evidence by the Tribunal, placed in the records of the Tribunal or otherwise

furnished to the Tribunal, that direction shall be deemed to be:

(a) a request by the person on whose application the Commission’s direction

was given for a direction by the Tribunal under paragraph 106(2)(b) of the

Act prohibiting or restricting the publication of matters contained in the

document; and

(b) a claim by the person on whose application the Commission’s direction

was given for a direction by the Tribunal under subsection 165(3) of the

Act that the document contains matter of a confidential nature.

25 Summons to witness

(2) A summons under subsection 105(2) of the Act shall be in accordance with Form

(3) A summons under subsection 105(2) of the Act shall be served on a person by:

(a) delivering a copy of the summons to the person personally; and

(b) showing the original of the summons to the person at the time at which the

copy is delivered to him.

26 Continuance of proceedings and matters notwithstanding non-compliance

with Regulations or direction

(1) Subject to subsection 172(3) of the Act and to these Regulations, the failure by a

person in or in relation to a proceeding or matter before the Commission to

comply with a provision of these Regulations does not, unless the Commission

otherwise directs, prevent the proceeding or matter being dealt with as if the

person had complied with the provision.

(1A) Subject to subsection 172(3) of the Act and to these Regulations, the failure by a

person in or in relation to a proceeding or matter before the Tribunal to comply

with a provision of these Regulations or with a direction of the Tribunal under

these Regulations does not, unless the Tribunal otherwise directs, prevent the

proceeding or matter being dealt with as if the person has complied with the

provision or direction.

(2) Subregulation (1) does not apply in relation to:

(a) the requirement in regulation 20 that an application under

subsection 101(1), or under section 101A or 101B, of the Act for a review

of a determination be made within a period of 21 days after the date of the

determination; and

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(b) a requirement that an applicant or person giving a notice must state an

address in Australia at which documents under the Act or these Regulations

may be served, in any form:

(i) approved by the Commission; or

(ii) prescribed by these Regulations;

for the purposes of the Act or these Regulations.

27 Inspection of, and furnishing of copies of, documents

(1) Subject to this regulation, an application by a person to inspect a document

referred to in paragraph 165(1)(a) or 165(2)(a) of the Act shall be made

personally:

(a) in the case of a document referred to in paragraph 165(1)(a) of the Act—at

the office of the Commission where the relevant register is kept; and

(b) in the case of a document referred to in paragraph 165(2)(a) of the Act—at

the office of the Registrar.

(2) Subject to subregulation (3), an application by a person to obtain a copy referred

to in paragraph 165(1)(b) or 165(2)(b) of the Act shall be made:

(a) in the case of a copy referred to in paragraph 165(1)(b) of the Act—

personally at any office of the Commission or by post addressed to the

Commission at any of its offices; or

(b) in the case of a copy referred to in paragraph 165(2)(b) of the Act—

personally at the office of the Registrar or by post addressed to the

Registrar.

(3) An application under subsection 165(2) of the Act in relation to a document on

which the words “Restriction of Publication Claimed” have been written in

accordance with regulation 24 shall be made to the Tribunal constituted by a

presidential member.

28 Fees

(1) For the purposes of:

(a) subsections 157(1), 157AA(1) and 165(1) and (2) of the Act; and

(b) regulation 6H;

the prescribed fee for obtaining a copy of a document is $1.00 for each page of

the copy.

(2) For the purposes of:

(a) subsections 157AA(1) and 165(1) and (2) of the Act; and

(b) regulation 6H;

the prescribed fee for obtaining a certified copy of a document is the fee

calculated in accordance with subregulation (1) plus $10.

(2A) For subsections 151AR(4), 151BH(5), 151BR(4), 152AQ(4), 152BR(3),

152CC(3) and 152CJ(3) of the Act, the following fees for making a copy of a

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(a) if the copy is certified—$10 plus $1 for each page of the copy; or

(b) in any other case—$1 for each page of the copy.

(2B) For paragraph 151AT(c) of the Act, the fee for an application for an exemption

order is $7,500.

(2C) For subsection 151BQ(3) of the Act, the fee for a copy of tariff information is:

(a) if the copy is certified—$10 plus $1 for each page of the copy; or

(b) in any other case—$1 for each page of the copy.

(3) In spite of subregulations (1), (2) and (2A), a person appearing in a proceeding or

matter before the Commission or Tribunal is entitled, without payment of a fee,

to receive one certified copy of a document relating to the proceeding or matter.

(4) No fee is payable to the Commission or Tribunal for an application or notice

specified in Schedule 1A.

(5) If Schedule 1A does not apply to a matter specified in column 2 of an item in

Schedule 1B, the fee payable to the Commission for the matter is:

(a) the fee specified in column 3 of the item; or

(b) if a concessional fee is payable for the matter under subregulation (6), the

concessional fee specified in column 4 of the item.

Note: Some other regulations impose fees for particular things.

(6) Subject to subregulation (6A), a concessional fee is payable to the Commission

for an additional application or an additional notice if:

(a) there are reasonable grounds for the Commission to believe that the first

application or the first notice and the additional application or additional

notice relate to conduct in the same market (or closely related markets);

and

(b) each additional application or additional notice is:

(i) lodged with the Commission within 14 days of the date of lodgment

of the first application or the first notice; and

(ii) endorsed by the Commission with reference to the first application or

the first notice.

(6A) A concessional fee is payable to the Commission for an additional notice

mentioned in paragraph (c) of the definition of additional notice in

subregulation (7), if:

(a) the Commission reasonably believes that the first notice and the additional

notice relate to conduct in the same market (or closely related markets);

and

(b) the additional notice is lodged with the Commission within 14 days after

the day the first notice was lodged with the Commission; and

first notice.

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(7) In this regulation:

additional application means an application, made by any person after a first

application, that relates to the subject of the first application.

additional notice means:

(a) a notice given, after a person’s first notice under subsection 93(1) of the

Act, about conduct of a kind mentioned in:

(ii) subsection 47(2), (3), (4) or (5) of the Act; or

(iii) paragraph 47(8)(a) or (b) of the Act; or

(iv) paragraph 47(9)(a), (b) or (c) of the Act; or

(v) section 48 of the Act; or

(b) if a person is not an individual or a proprietary company, a notice given,

after the person’s first notice under subsection 93(1) of the Act, about

conduct of a kind mentioned in:

(ii) subsection 47(6) or (7) of the Act; or

(iii) paragraph 47(8)(c) of the Act; or

(iv) paragraph 47(9)(d) of the Act; or

(v) section 48 of the Act; or

notice under that subsection.

first application means the first application made by a person under section 88 of

the Act in relation to a matter.

28A Services and activities for which the Commission may charge

(1) For the purposes of paragraph 171A(1)(b) of the Act, the following activities are

prescribed:

(a) conducting workshops and seminars;

(b) conducting training.

(2) For the purposes of subsection 171A(3) of the Act, the following acts done by

the Commission are prescribed:

(a) providing a speaker or information for:

(i) a workshop, seminar, training session or other activity not arranged by

or on behalf of the Commission; or

(ii) use in training materials, including videotapes, not produced by or on

behalf of the Commission;

(b) providing information relating to trade practices for use in material

published by a person other than the Commission;

Act.

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Regulation 28AA

28AA Protection of persons appearing on another person’s behalf

(1) A barrister, solicitor or other person appearing on behalf of another person at an

inquiry held in accordance with Part VIIA of the Act has the same protection and

immunity as a barrister has in appearing for a party in proceedings in the High

Court.

(2) A barrister, solicitor or other person engaged by the Commission to appear at an

inquiry held in accordance with Part VIIA of the Act:

(a) has the same protection and immunity as a barrister has in appearing for a

party in proceedings in the High Court; and

(b) may inspect a document:

(i) given to the Commission for the purposes of the exercise of its powers

or the performance of its functions under that Part; or

(ii) produced at an inquiry held in accordance with that Part; and

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Regulation 28B

Part 2A—Review by Tribunal of access determinations

28B Definitions for Part 2A

In this Part:

determination means a determination made by the Commission under

section 44V of the Act.

review means a review by the Tribunal of a determination, under section 44ZP of

the Act.

28C Applications for review

(1) An application for a review of a determination under section 44ZP of the Act

must be in accordance with Form L.

(2) The applicant must cause a copy of the application to be served on each other

party to the determination.

28D Notice about participation in a review

(1) Within 7 days after the service on a party of a copy of an application for review,

that party may file with the Registrar a notice stating:

(a) whether the party wishes to participate in the review; and

(b) if so, particulars of the facts and contentions on which the party intends to

rely and the issues as that party sees them.

(2) Subject to any direction of the Tribunal, a party is not entitled to take any step in,

or be heard at the hearing of, the review unless the party has complied with

subregulation (1).

28E Participants in a review

(1) Subject to regulation 28D, all the parties to a determination are entitled to

participate in a review of the determination.

(2) The Tribunal may, upon such conditions it thinks fit, permit a person to intervene

in a review.

(3) The parties to a review are:

(a) any party to the determination who participates in the review; and

(b) any person permitted to intervene in the review.

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Regulation 28F

28F Constitution of the Tribunal for conduct of a review

For the purposes of a particular review, the Tribunal is to be constituted by a

Division of the Tribunal consisting of 2 or more members of the Tribunal

nominated by the President.

28G Member of Tribunal presiding

(1) Subject to subregulation (2), the President must nominate a member of a

Division of the Tribunal constituted under regulation 28F to preside at a review.

(2) If a presidential member of the Tribunal is a member of the Division, that

presidential member is to preside at the review.

28H Reconstitution of Tribunal

(1) This regulation applies if a member of the Tribunal who is one of the members

who constitute a Division of the Tribunal for the purposes of a particular review:

(a) ceases to be a member of the Tribunal; or

(b) for any reason, is not available for the purpose of the review.

(2) The President must either:

(a) direct that the Tribunal is to be constituted for the purposes of finishing the

review by the remaining member or members; or

(b) direct that the Tribunal is to be constituted for that purpose by the

remaining member or members together with one or more other members

of the Tribunal.

(3) If a direction under subregulation (2) is given, the Tribunal as constituted in

accordance with the direction must continue and finish the review and, for that

purpose, may have regard to any record of the proceedings of the review made

by the Tribunal as previously constituted.

28I Determination of question

If the Tribunal is constituted for a review by 2 or more members of the Tribunal,

any question before the Tribunal is to be decided:

(a) unless paragraph (b) applies—according to the opinion of the majority of

those members; or

(b) if the members are evenly divided on the question—according to the

opinion of the member who is presiding.

28J Disclosure of interests by members of Tribunal

(1) If a member of the Tribunal is, or is to be, one of the members who constitute the

Tribunal for the purposes of a particular review and the member has, or acquires,

any pecuniary interest that could conflict with the proper performance of his or

her functions in relation to the review:

(a) the member must disclose the interest to the President; and

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(b) the member must not take part, or continue to take part, in the review if:

(i) the President gives a direction under paragraph (2)(a) in relation to the

review; or

(ii) any party to the review objects to the member taking part in the

review.

(2) If the President becomes aware that a member of the Tribunal is, or is to be, one

of the members who constitute the Tribunal for the purposes of a particular

review and that the member has, in relation to the review, an interest of a kind

referred to in subregulation (1):

(a) if the President considers that the member should not take part, or should

not continue to take part, in the review—the President must give a direction

to the member accordingly; or

(b) in any other case—the President must cause the interest of the member to

be disclosed to the parties to the review.

28K Hearing to be in private

(1) Subject to subregulation (2), a review hearing is to be in private.

(2) If the parties to the review agree, a review hearing or part of a review hearing

may be conducted in public.

(3) The member of the Tribunal who is presiding at a review hearing that is

conducted in private may give written directions as to the persons who may be

present.

(4) In giving directions under subregulation (3), the member presiding must have

regard to the wishes of the parties and the need for commercial confidentiality.

28L Representation at a review hearing

At a review hearing:

(a) an individual may appear in person; and

(b) any person may be represented by:

(i) a barrister or solicitor of the Supreme Court of a State or Territory or

of the High Court; or

(ii) another person (being an individual) approved by the Tribunal.

28M Procedure of Tribunal

(1) In a review hearing of the determination in an access dispute, the Tribunal:

(a) is not bound by technicalities, legal forms or rules of evidence; and

(b) must act as speedily as a proper consideration of the dispute allows, having

regard to the need to inquire into and investigate, carefully and quickly, the

dispute and all matters affecting the merits, and fair settlement, of the

dispute; and

thinks appropriate.

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Part 2A Review by Tribunal of access determinations

Regulation 28N

(2) The Tribunal may determine the periods that are reasonably necessary for the fair

and adequate presentation of the respective cases of parties to a review, and may

require that the cases be presented within those periods.

(3) The Tribunal may require evidence or argument to be presented in writing, and

may decide the matters on which it will hear oral evidence or argument.

(4) The Tribunal may determine that a review hearing is to be conducted by:

(a) telephone; or

(b) closed circuit television; or

28N Summons to witness—review hearing

(1) A summons for the purposes of a review hearing must be in accordance with

Form K.

(2) A summons must be served on a person by:

(a) delivering a copy of the summons to the person personally; and

(b) showing the original of the summons to the person at the time at which the

copy is delivered to the person.

28P Taking of evidence by a single member

(1) The Tribunal as constituted for the purposes of a particular review may authorise

the member presiding at the review to take evidence for the purposes of the

review on its behalf, with such limitations (if any) as the Tribunal so constituted

directs.

(2) If an authority is given to a member:

(a) that member may take evidence accordingly; and

(b) in relation to the taking of evidence in accordance with the authority, that

member is taken, for the purposes of the Act and these Regulations, to

constitute the Tribunal.

28Q Application of regulations

(1) Subject to subregulation (2), a provision of these Regulations that applies to a

proceeding before the Tribunal applies to a review.

(2) Regulations 22 and 22A do not apply to a review.

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Telecommunications access regime Part 2B

Definitions for Part 2B Division 1

Regulation 28R

Part 2B—Telecommunications access regime

Division 1—Definitions for Part 2B

28R Definitions

In this Part:

(b) the following words and expressions have the meanings given in Part XIC

of the Act:

(i) access;

(ii) access provider;

(iii) access seeker;

(iv) active declared service;

(v) carrier;

(vi) declared service;

(vii) determination;

(viii) facility;

(ix) party;

(x) price-related terms and conditions;

(xi) service provider.

Note 1: For each of the following words and expressions, see the related provision of the Act:

access—section 152AF

access provider—subsection 152AR(2)

access seeker—section 152AG

active declared service—subsection 152AR(2)

declared service—subsection 152AL(2)

price-related terms and conditions—subsection 152CH(3).

Note 2: Section 152AC of the Act provides that each of the following words, and the following

expression, has the same meaning as in the Telecommunications Act 1997:

carrier

facility

service provider.

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Part 2B Telecommunications access regime

Division 2 Access generally

Regulation 28S

Division 2—Access generally

28S Billing information

(1) This regulation is made for subsection 152AR(7) of the Act.

(2) This regulation applies to billing information that is not available to the service

provider from the signals used to deliver calls, or other processes agreed between

the access and service providers.

(3) Billing information must be given:

(a) at times agreed by the access and service providers; and

(b) in a manner and form agreed by the access and service providers, including

whether the information is to be given in electronic or paper form.

(4) For supply of an active declared service used for making a call using a relevant

carriage service, billing information must, unless the access and service

providers agree otherwise, include the following particulars:

(a) if the access provider knows the unique customer account number of the

customer who originated the call—the number;

(b) if:

(i) the public number from which the call was made is not the same as

the public number used for billing purposes; and

(ii) the access provider knows the public number used for billing

purposes;

the public number used for billing purposes;

(d) the time the call started;

(e) the duration of the call;

(f) if the service provider asks about a call to which subregulation (5) applies

and the access provider knows the information—the name and billing

address of the customer;

(g) if the service provider asks for other information reasonably required by

the service provider to bill the customer—the information;

(h) for a call made using an active declared service mentioned in paragraph (b)

of the definition of relevant carriage service in subregulation (7)—the

geographic region where the call originated or terminated.

(5) For paragraph (4)(f), this subregulation applies to a call if:

(a) the service provider chosen for the call is not the service provider that the

customer pre-selected in accordance with arrangements under a

determination that is in force under section 349 of the Telecommunications

Act 1997; and

(b) the customer became a customer of the service provider because the

customer selected the service provider by dialling a particular over-ride

dial code.

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Access generally Division 2

Regulation 28S

(6) For supply of an active declared service other than for making a call using a

relevant carriage service, billing information must include a level of itemisation

agreed by the access and service providers.

(7) In this regulation:

billing address means the address to which bills are normally sent by the service

provider pre-selected by the customer.

public mobile telecommunications service has the same meaning as in the

Telecommunications Act 1997.

public number means a number specified in the numbering plan made under

section 455 of the Telecommunications Act 1997.

relevant carriage service means:

(a) a standard telephone service; or

(b) a public mobile telecommunications service for which the price-related

terms and conditions of supply are determined wholly or partly by where a

call originates or terminates.

standard telephone service has the same meaning as in the Telecommunications

Act 1997.

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Part 2B Telecommunications access regime

Division 4 Documents

Regulation 28Y

Division 4—Documents

28Y Definition

In this Division:

Part XIB or XIC register means:

(a) the Register of competition notices kept under section 151AR of the Act;

(b) the Register of exemption orders kept under section 151BH of the Act; or

(d) the Register of declared services kept under section 152AQ of the Act; or

(e) the Register of Access Determinations kept under section 152BCW of the

Act; or

(f) the Register of Binding Rules of Conduct kept under section 152BDN of

the Act; or

(g) the Register of NBN Access Agreement Statements kept under

section 152BEBD of the Act; or

(h) the Register of Layer 2 Bitstream Access Agreement Statements kept under

section 152BEBG of the Act; or

(i) the Register of access undertakings kept under section 152CC of the Act;

(j) the Register of Ministerial pricing determinations kept under section 152CJ

of the Act.

28Z Copies of documents in Part XIB or Part XIC register

(1) A person may request a copy of a document in a Part XIB or XIC register that is

certified by a person, who is authorised by the Commission to certify copies of

documents of that kind, to be a true copy of the document.

(2) A request must be made:

(a) in person at the office of the Commission where the register is kept; or

(b) in writing to the Commission at that office.

Note: See subregulation 28(2A) for fees.

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International liner cargo shipping Part 3

Regulation 29

Part 3—International liner cargo shipping

29 Interpretation

(1) In this Part, unless the contrary intention appears:

Registrar means the Registrar of Liner Shipping.

trade area, in relation to a conference agreement, means the geographical area to

which the agreement relates.

(2) An expression used in this Part has the same meaning as in Part X of the Act.

30 Office of the Registrar

The Registrar must notify in the Gazette any change in the address of the office

of the Registrar.

31 Fees

The fee specified in column 2 of an item in Schedule 2 is prescribed in respect of

the matter specified in column 1 of that item.

32 Register of conference agreements: prescribed particulars

The following particulars are prescribed in relation to an entry in the register of

conference agreements, as well as any particulars required by the Act to be

entered in the register:

(a) the name of the agreement;

(b) the parties to the agreement;

(d) the identification number of the conference agreement file kept by the

Registrar under section 10.12 of the Act;

(e) the date of the agreement;

(f) whether the agreement is for a fixed period and, if so, the period;

(g) details of any provisions for renewal or termination of the agreement;

(h) the date on which the agreement was provisionally registered;

(i) the date on which the agreement was finally registered;

(j) a summary of the agreement;

(k) the names of the designated shipper bodies with which the parties to the

agreement are required to negotiate under section 10.29 and 10.41 of the

Act;

(l) where the parties to the agreement have notified the Registrar under

subsection 10.29(2), that fact;

(m) whether agreement has been reached in the negotiations under

section 10.29 of the Act;

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(n) whether the Registrar has directed that any part of the agreement is not to

be open to public inspection and, if so, which part;

(o) whether another conference agreement that varies the agreement has been

made or arrived at and, if so, the name of that other agreement;

(p) the date of any notifications given to the Registrar under subsection 10.40

and 10.43 of the Act in connection with the operation of the agreement;

(q) whether the agreement is an outwards conference agreement or an inwards

conference agreement.

33 Register of designated shipper bodies: prescribed particulars

The following particulars are prescribed in relation to an entry in the register of

designated shipper bodies, as well as any particulars required by the Act to be

entered in the Register:

(a) the name and kind of the designated shipper body;

(b) the date on which the shipper body was designated by the Minister under

section 10.03 of the Act;

(i) the date on which the Registrar nominated the shipper body;

(ii) the name of the conference agreement to which the nomination

relates;

(iii) the provision of the Act under which the nomination was made;

(d) the address of each member of the shipper body;

(e) the telephone and fax numbers, postal address and e-mail address (if any),

of the shipper body;

(f) the name of a contact person for the shipper body.

34 Register of non-conference ocean carriers with substantial market power:

prescribed particulars

The following particulars are prescribed in relation to an entry in the register of

non-conference ocean carriers with substantial market power, as well as any

particulars required by the Act to be entered in the register:

(a) the name of the ocean carrier;

(b) the date on which the ocean carrier was registered under section 10.51 of

the Act as a non-conference ocean carrier with substantial market power;

Commission under section 10.50 or by the Minister by agreement with the

ocean carrier;

(d) if the market power of the ocean carrier was determined by the

Commission, the date and title of the Commission’s report;

(e) the name of each designated shipper body with which the ocean carrier is

to negotiate under subsection 10.52(1);

(f) the trade route on which the ocean carrier has been determined to have

substantial market power.

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35 Register of obligations concerning unfair pricing practices: prescribed

particulars

The following particulars are prescribed in relation to an entry in the register of

obligations concerning unfair pricing practices, as well as any particulars

required by the act to be entered in the register:

(a) the name of the ocean carrier to whom the obligation relates;

(b) whether the obligation was incurred as the result of an order under

subsection 10.61(1) of the Act or an undertaking under subsection 10.64(1)

of the Act;

(d) the date on which the order or undertaking took effect;

(e) a summary of the order or undertaking;

(f) if the obligation was incurred as the result of an order under

subsection 10.61(1) of the Act, the title and date of the report of the

Commission under section 10.63 of the Act.

36 Register of ocean carrier agents: prescribed particulars

The following particulars are prescribed in relation to an entry in the register of

ocean carrier agents, as well as any particulars required by the Act to be entered

in the register:

(a) the telephone and fax numbers, and e-mail address (if any), of the agent;

(b) the date of the agent’s appointment.

37 Loyalty agreements: notifications relating to exemptions: prescribed

particulars

(1) A notification under section 10.21 of the Act must include:

(a) the name and address of the shipper giving the notification;

(b) the name and address of each other party to the loyalty agreement;

notification—a summary of the agreement;

(d) the date from which the agreement took effect;

(e) the date on which the agreement would, but for the notice, come to an end;

(f) the date, being a date not earlier than 30 days after the date of the notice,

from which the shipper no longer wishes the exemptions referred to in

section 10.20 of the Act to apply;

(g) in the case of a notification to an ocean carrier—a copy of the notification

to the Commission under section 10.21 of the Act;

(h) in the case of a notification to the Commission—a copy of the notification

to the ocean carrier.

38 Application for provisional registration of conference agreement

(1) An application under section 10.25 of the Act for the provisional registration of a

conference agreement must:

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(a) be in accordance with Form 1 in Schedule 3; and

(b) be accompanied by a copy of the agreement; and

(2) Where the agreement is partly or wholly oral, the application shall be

accompanied by a written memorandum setting out all the provisions of the

agreement that are oral.

(3) The following particulars are specified for the purposes of Form 1:

(a) the names of the parties to the agreement;

(b) a summary of the agreement, not longer than 100 words;

(d) the period of the agreement;

(e) the trade area covered by the agreement;

(f) if the agreement includes a provision of the kind described in

paragraph 10.08(1)(a) or (b) of the Act that does not deal only with the

matters specified in paragraph 10.08(1)(c) of the Act—the reasons why the

provision is necessary for the effective operation of the agreement and is of

overall benefit:

(i) for an outwards conference agreement, to Australian exporters; or

(ii) for an inwards conference agreement, to Australian importers;

(g) whether there have been:

(i) any variations to the agreement that have not been registered or are

not being registered; or

(ii) any happening of affecting events (as described in section 10.40 of the

Act) that have not been notified to the Registrar;

and, if so, details of the variations or happenings;

(h) for an outwards conference agreement—a statement that the agreement

provides for the application of Australian law, as specified in

subsection 10.06(1) or, where that is not the case, a copy of the Minister’s

agreement referred to in that subsection.

38A Special circumstances for inwards conference agreement

For paragraph 10.28(1)(ba) of the Act, there are taken to be special

circumstances if the inwards conference agreement has provisions that make the

agreement substantially incompatible with the principal objects of Part X of the

Act.

39 Notice about negotiations

(1) For subsection 10.29(1B) of the Act, a notice must be in writing and include:

(a) the title of the conference agreement; and

(b) the date on which the shipper bodies notified, or propose to notify, the

parties to the agreement that they wish to negotiate.

(2) For subsection 10.29(2) of the Act, a notice must be in writing and include:

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(a) the title of the conference agreement; and

(b) the date on which the shipper bodies notified, or propose to notify, the

parties to the agreement that they do not wish to negotiate; and

40 Application for final registration of a conference agreement

(1) An application under section 10.30 of the Act for the final registration of a

conference agreement must:

(a) be in accordance with Form 2 in Schedule 3; and

(b) be accompanied by a copy of the agreement; and

(2) Where the agreement is partly or wholly oral, the application shall be

accompanied by a written memorandum setting out all the provisions of the

agreement that are oral.

(3) The following particulars are specified for the purposes of Form 2:

(a) the names of the parties to the agreement;

(b) a summary of the agreement, not longer than 100 words;

(d) the period of the agreement;

(e) the trade area covered by the agreement;

(f) the names of the designated shipper bodies with which the parties to the

agreement are required to negotiate under section 10.29 of the Act;

(g) whether agreement was reached as a result of the negotiations under

section 10.29 of the Act and details of minimum service levels to be

provided under the agreement;

(h) if the agreement includes a provision of the kind described in

paragraph 10.08(1)(a) or (b) of the Act that does not deal only with the

matters specified in paragraph 10.08(1)(c) of the Act—the reasons why the

provision is necessary for the effective operation of the agreement and is of

overall benefit:

(i) for an outwards conference agreement, to Australian exporters; or

(ii) for an inwards conference agreement, to Australian importers;

(i) whether there have been:

(i) any variations to the agreement that have not been registered or are

not being registered; or

(ii) any happening of affecting events (as described in section 10.40 of the

Act) that have not been notified to the Registrar;

and, if so, details of the variations or happenings;

(j) for an outwards conference agreement—a statement that the agreement

provides for the application of Australian law, as specified in

subsection 10.06(1) of the Act or, where this not the case, a copy of the

Minister’s agreement referred to in that subsection.

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41 Form of abstract

For the purposes of subsection 10.35(2) of the Act, an abstract must be in

accordance with Form 3 in Schedule 3.

42 Notice of the happening of an affecting event

(1) A notice under section 10.40 or 10.43 of the Act of the happening of an affecting

event must:

(a) be in accordance with Form 4 in Schedule 3; and

(b) in the case of a notice under section 10.40 of the Act—be given to the

Registrar as soon as practicable after a party to the conference becomes

aware of the event; and

Registrar within 30 days after a party to the conference agreement becomes

aware of the event.

(2) The following particulars are specified for the purposes of Form 4:

(a) the date of the happening of the event;

(b) whether subparagraph 10.40(1)(b)(i) or (ii) applies to the event;

(d) the effect of the event on the operation of the agreement;

(e) for an outwards conference agreement—the effect of the event on the

provision of outwards liner cargo shipping services;

(f) for an inwards conference agreement—the effect of the event on the

provision of inwards liner cargo shipping services.

43 Undertakings

(1) An offer to give an undertaking under section 10.49, 10.59 or 10.64 of the Act

must be in accordance with Form 5 in Schedule 3.

(2) The following particulars are specified for the purposes of Form 5:

(a) a brief description of the terms of the undertaking;

(b) the trade area or trade route to which the undertaking will relate;

(d) the names of the parties to whom the undertaking will apply;

(e) in the case of an offer under section 10.49:

(i) the name of the registered conference agreement;

(ii) the date of final registration of the agreement;

(f) in the case of an offer under section 10.49 or 10.59 of the Act:

(i) the date and title of the Commission’s report under section 10.46,

10.47, 10.48, 10.56, 10.57 or 10.58 of the Act that led to the offer to

give the undertaking; or

(ii) the date of the reference to the Commission under section 10.46,

10.47 or 10.56 of the Act or the application to the Commission under

section 10.48 or 10.58 of the Act;

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(g) in the case of an offer under section 10.64 of the Act:

(i) the date of the reference to the Commission, and the report, under

section 10.63 of the Act; and

(ii) a statement that if the offer is accepted the ocean carrier will, if asked

by the Registrar, give such information as is necessary to show that

the ocean carrier is complying with the terms of the offer.

44 Application by ocean carrier for registration of agent

(1) An application under section 10.70 of the Act for the registration of an agent

must be in accordance with Form 6 in Schedule 3 and be accompanied by:

(a) a copy of the instrument appointing the agent; and

(b) the prescribed fee.

(2) The following particulars are specified for the purposes of Form 6:

(a) the name of the ocean carrier;

(b) the address of the head office of the ocean carrier;

(d) the name of the proposed agent;

(e) the residential address of the proposed agent;

(f) a business address of the proposed agent that may be used as an address for

service of the ocean carrier.

45 Notice of change of agent etc

(1) A notice under subsection 10.72(1) of the Act must be in accordance with Form

7 of Schedule 3 and be accompanied by a copy of the instrument appointing the

agent.

(2) The following particulars are prescribed for the purposes of Form 7:

(a) the address of the head office of the ocean carrier;

(b) in the case of notice of the revocation of appointment of an agent:

(i) the date from which the revocation is to take effect;

(ii) the address of the agent;

(i) the date from which the appointment is to take effect;

(ii) the name of the new agent;

(iii) the residential address of the new agent;

(iv) a business address of the new agent that may be used as an address for

service of the ocean carrier;

(d) in the case of a notice under paragraph 10.72(1)(c) requesting a variation of

particulars relating to the ocean carrier—details of the particulars to be

varied.

46 Manner of making applications and giving notices

An application may be made, or a notice given, to the Registrar:

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(a) by leaving the application or notice with a person in attendance at the

Registrar’s office; or

(b) by sending the application or notice to the Registrar by registered post or to

an electronic address.

47 Verification of documents

(1) An application required to be made, or a notice to be given, to the Registrar,

other than an application under section 10.70 of the Act or a notice under

subregulation 45(1), must be verified by statutory declaration.

(2) The statutory declaration must be made by:

(a) the person furnishing the particulars in the application or notice; or

(b) a person authorised in writing by that person.

(3) In the case of a varying conference agreement lodged for registration in

consolidated form, the person lodging it must declare that the parties to the

agreement have agreed to the terms of the varying conference agreement in

consolidated form.

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Authorisations, notifications and clearances in respect of restrictive trade practices—prescribed matters

Part 5

Regulation 71A

Part 5—Authorisations, notifications and clearances in

respect of restrictive trade practices—prescribed

matters

71A Collective bargaining contracts—motor vehicle fuel for retail sale

(1) For subsection 93AB(4) of the Act, the amount of $15 000 000 is prescribed for

a collective bargain for the purchase of motor vehicle fuel for the purpose of sale

to the public.

(2) Subregulation (1) does not apply to the purchase or sale of other products by

convenience stores, repair shops or other business activities that are associated

with, or form part of the business of, a motor vehicle fuel retailer.

71B Collective bargaining contracts—motor vehicles for retail sale

For subsection 93AB(4) of the Act, the amount of $20 000 000 is prescribed for

a collective bargain for the purchase of new motor vehicles for the purpose of

sale to the public.

71C Collective bargaining contracts—farm machinery for retail sale

For subsection 93AB(4) of the Act, the amount of $10 000 000 is prescribed for

a collective bargain for the purchase of farm machinery for the purpose of sale to

the public.

71D Collective bargaining contracts—primary production

(1) For subsection 93AB(4) of the Act, the amount of $5 000 000 is prescribed for a

collective bargain of primary producers for:

(a) the sale of primary products; or

(b) the purchase of inputs used for the production of primary products.

(2) In this regulation, primary product means:

(a) crops, whether on or attached to the land or not; or

(b) animals (whether dead or alive); or

(d) fruit, vegetables, herbs, edible fungi or nuts.

75 Waiver of fee for application relating to non-merger authorisation

For subsection 172(2A) of the Act, the circumstance is that the Commission is

satisfied that imposition of the entire fee would impose an unduly onerous

burden on an applicant.

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matters

Regulation 76

76 Search and Seizure—identity card for inspectors

For paragraph 154C(2)(a) of the Act, an identity card must contain the following

information:

(a) a recent photograph of the inspector to whom the card was issued;

(b) the name of the inspector;

(d) the Commission corporate logo and the Australian coat of arms;

(e) the following text:

“The person whose name and photograph appear on this card is an inspector of the Commission who:

(a) has been appointed by the Chairperson of the Commission as an Inspector pursuant to section 154B

of the Competition and Consumer Act 2010; and

(b) has been issued with this identity card by the Chairperson of the Commission pursuant to

section 154C of the Competition and Consumer Act 2010.”

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Australian Consumer Law Part 6

Regulation 77

Part 6—Australian Consumer Law

77 Prescribed requirements for definition of assert a right to payment

For paragraph 10(1)(e) of the Australian Consumer Law, the following

requirements are prescribed:

(a) the statement must include the text ‘This is not a bill. You are not required

to pay any money.’;

(b) the text must be the most prominent text in the document.

78 Prescribed requirements for warning statements

For paragraphs 40(3)(b) and 43(2)(b) of the Australian Consumer Law, the

following requirements are prescribed:

(a) the warning statement must include the text ‘This is not a bill. You are not

required to pay any money.’;

(b) the text must be the most prominent text in the document.

79 Specification of body

For paragraph 43(3)(a) of the Australian Consumer Law, the Audit Bureau of

Circulations is specified.

80 Specification of person

For paragraph 43(3)(d) of the Australian Consumer Law, a person mentioned in

paragraph (a), (b), (c) or (d) is specified if the person has not been found guilty

of an offence under section 162 of the Australian Consumer Law:

(a) a large proprietary company; or

(b) a subsidiary of a large proprietary company; or

(d) a subsidiary of a listed corporation.

80A Single price does not apply to surcharges on food or beverage in restaurants

(1) This regulation is made for paragraphs 48(4A)(a) and (b) of the Australian

Consumer Law.

Class of representations

(2) A class of representations is representations that:

(a) are made on the menu of a restaurant; and

(b) refer to the imposition of a surcharge on the consideration for the supply of

food or beverage by the restaurant on a specified day or days.

(3) Subregulation (2) applies whether or not the menu:

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(a) identifies the food or beverage; and

(b) displays the consideration for the supply of food or beverage.

Conditions in relation to a representation in the class

(4) The representation must include the words “a surcharge of [percentage] applies

on [the specified day or days]”.

(5) The representation must be transparent.

(6) The representation must be displayed at least as prominently as the most

prominent display on the menu of the following:

(a) the consideration for the supply of food or beverage;

(b) a fee or surcharge relating to the supply of food or beverage.

(7) However, if the menu does not display the consideration for the supply of food or

beverage, and does not display any other fee or surcharge relating to the supply

of food or beverage, the representation must be displayed in a way that is

conspicuous and visible to a reader.

(8) In this regulation:

restaurant:

(a) means a business, service or arrangement:

(i) in which food or beverage is sold to customers; and

(ii) of a kind commonly known as a restaurant, cafe, bistro or any similar

term; and

(b) does not include a business, service or arrangement by which food or

beverage is provided or delivered to customers in the expectation of

consumption at a later time; and

groceries.

Example 1: Other examples for paragraph (a) are:

(a) a shop selling takeaway food; and

(b) a business that supplies food, ordered for immediate consumption, by home delivery only.

Example 2: An example for paragraph (b) is a business that delivers prepared meals as part of a diet

or health program.

Example 3: An example for paragraph (c) is the home delivery service of a supermarket.

81 Agreements that are not unsolicited consumer agreements—general

(1) For subsection 69(4) of the Australian Consumer Law, the following kinds of

agreement are not unsolicited consumer agreements:

(a) a business contract;

(b) a discontinued negotiations agreement;

. (c) an agreement made in the course of a party plan event;

(d) a renewable agreement of the same kind;

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(e) a subsequent agreement of the same kind.

(2) In this regulation:

business contract means an agreement for the supply of goods or services not of

a kind ordinarily acquired for personal, domestic or household use or

consumption.

discontinued negotiations agreement means an agreement made as a result of:

(a) a consumer for an unsolicited consumer agreement discontinuing

negotiations with the supplier for the unsolicited consumer agreement; and

(b) the consumer subsequently initiating negotiations with the supplier for the

unsolicited consumer agreement.

invitation, for a party plan event, means:

(a) an express statement that the persons invited to attend the party plan event

are invited to the event for the purpose of negotiating for the supply of

goods or services to 1 or more of the persons; or

(b) an implied statement that a reasonable consumer would understand to be an

invitation to attend the party plan event for the purpose of negotiating for

the supply of goods or services to 1 or more persons.

inviter, for a party plan event, means the person who invites another person to

the party plan event.

party plan event means an event for which the following circumstances exist:

(a) the purpose of the event is to negotiate for:

(i) the supply of goods or services to 1 or more persons; or

(ii) the supply of goods and services to 1 or more persons;

(b) before the event, the inviter for the party plan event invites 3 or more

persons to attend the party plan event;

party plan event or a representative of the inviter for the party plan event.

renewable agreement of the same kind means an agreement made in the

following circumstances:

(a) a consumer and a supplier are parties to an agreement, for the supply of

goods or services, that is in force;

(b) the consumer and supplier enter into another agreement for the supply of

goods or services that are of the same kind as the goods or services

supplied under the existing contract.

subsequent agreement of the same kind means an agreement made in the

following circumstances:

(a) a consumer and a supplier are parties to an agreement for the supply of

goods or services;

(b) the goods or services are supplied;

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(i) the consumer and supplier enter into 1 or more other agreements for

the supply of goods or services of the same kind as the goods or

services supplied under the agreement; and

(ii) the total value of the other agreements is an amount of $500 or less.

82 Information relating to identity of dealer

For paragraph 74(c) of the Australian Consumer Law, the following information

is prescribed:

(a) the dealer’s name;

(b) if the dealer is the supplier of the goods or services about which the dealer

proposes to negotiate—the dealer’s address;

dealer proposes to negotiate—the supplier’s name and address (not being a

post office box).

83 Information about termination period

(1) For subparagraph 76(a)(iii) of the Australian Consumer Law, information about

the prohibition in section 86 of the Australian Consumer Law is prescribed.

(2) However, subregulation (1) does not apply if section 86 of the Australian

Consumer Law does not apply to, or in relation to, the unsolicited consumer

agreement.

Note: Section 86 of the Australian Consumer Law may not apply to an unsolicited consumer

agreement because of regulations made under section 94 of the Australian Consumer

Law. For example, section 86 of the Australian Consumer Law does not apply to, or in

relation to, agreements of a kind specified in regulation 89 and circumstances of a kind

specified in regulations 88 and 95 of these Regulations.

84 Form and way of giving information about termination period

For paragraph 76(d) of the Australian Consumer Law, information given in

writing must be:

(a) attached to the agreement or agreement document for the supply of goods

or services; and

(b) transparent; and

setting out the dealer’s or supplier’s name or logo.

85 Information for front page of agreement or agreement document

For subparagraph 79(b)(ii) of the Australian Consumer Law, the following

information is prescribed:

(a) the text ‘Important Notice to the Consumer’;

(b) the text ‘You have a right to cancel this agreement within 10 business days

from and including the day after you signed or received this agreement’;

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set out in the information attached to this agreement’.

86 Requirements for front page of agreement

For subparagraph 79(b)(iii) of the Australian Consumer Law, the following

requirements are prescribed:

(a) the front page of the agreement must be signed by the consumer;

(b) the front page of the agreement must include the day on which the

consumer signed the document.

87 Requirements for notice accompanying agreement or agreement document

For subparagraph 79(c)(ii) of the Australian Consumer Law, the requirement that

the notice be in the approved form is prescribed.

88 Application of Division 2, Part 3-2 of Australian Consumer Law to

emergency repair contract

(1) For paragraph 94(a) of the Australian Consumer Law, the following provisions

of the Australian Consumer Law do not apply in relation to the circumstances

specified in subregulation (2):

(a) section 76;

(b) paragraph 79(c);

(d) paragraph 82(3)(b);

(e) paragraph 82(3)(d);

(f) section 86;

(g) section 173;

(h) paragraph 175(1)(c);

(i) section 179.

(2) For subregulation (1), the circumstances are:

(a) that as a result of an earthquake, fire, flood, storm or similar event a state

of emergency has been declared under a law of the Commonwealth, a State

or a Territory for an area in which a person’s property is located; and

(b) the person enters into an agreement (an emergency repair contract) with a

supplier of goods or services for urgent work to be undertaken to:

(i) rectify a hazard or potential hazard on the person’s property; or

(ii) protect the health and safety of persons on the person’s property; or

(iii) prevent substantial damage to the person’s property; and

person’s property is located, the supplier of goods or services under the

emergency repair contract is required to hold a licence that is in force and

the supplier holds the licence.

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89 Application of Division 2, Part 3-2 of Australian Consumer Law to particular

unsolicited consumer agreement

(1) For paragraph 94(b) of the Australian Consumer Law, section 86 of the

Australian Consumer Law does not apply in relation to an unsolicited consumer

agreement to which the circumstances mentioned in subregulation (2) apply.

(2) For subregulation (1), the circumstances are that the unsolicited agreement is for

the supply of an electricity or gas service from a supplier to a premises and the

service:

(a) is not connected to the premises; or

(b) is connected to the premises and no electricity or gas is being supplied to

the premises by the supplier.

89A Gift cards

For the purposes of section 99A of the Australian Consumer Law, an article of

any of the following kinds is not a gift card:

(a) an article that:

(i) is redeemable for goods or services; and

(ii) can have its value increased after it is supplied other than because of a

reversal of a payment made using the article or the correction of an

error;

(b) an article that is only redeemable in relation to one or more of the

following:

(i) electricity;

(ii) gas;

(iii) a telecommunications service.

89B Gift cards—fees or charges that are not post-supply fees and charges

For the purposes of subsection 99D(2) of the Australian Consumer Law, the

following kinds of fees and charges are specified:

(a) fees or charges for making a booking if the fees or charges are the same, or

substantially the same, as the fees or charges for making the booking using

a payment method other than a gift card;

(b) fees or charges for exchanging currencies;

or damaged;

(d) fees or charges that are payment surcharges (within the meaning of

section 55A of the Act).

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89C Application of Division 3A of Part 3-2 of the Australian Consumer Law to

gift cards

Gift cards to be redeemable for at least 3 years—gift cards and supplies to which

requirement does not apply

(1) For the purposes of paragraph 99G(a) of the Australian Consumer Law,

section 99B and paragraph 99F(1)(b) of the Australian Consumer Law do not

apply to:

(a) a gift card of a kind that:

(i) is only redeemable for a particular good or service that is only

available for a specified period; and

(ii) ceases to be redeemable at the end of that specified period; or

(b) a gift card of a kind that:

(i) is only redeemable for a particular good or service; and

(ii) is supplied at a discount on the market value of the good or service

that a reasonable person would consider to be a genuine discount on

the market value of the good or service.

(2) For the purposes of paragraph 99G(c) of the Australian Consumer Law,

section 99B and paragraph 99F(1)(b) of the Australian Consumer Law do not

apply in relation to gift cards supplied in any of the following circumstances:

(a) a gift card supplied as part of a temporary marketing promotion to the

purchaser of goods or services in connection with the purchase of the

goods or services;

(b) a gift card donated for a promotional purpose;

(d) a gift card supplied for the purposes of a customer loyalty program;

(e) a gift card supplied in exchange for another gift card if the gift card being

supplied and the gift card being exchanged cease to be redeemable at the

same time.

Supplies of gift cards to which all requirements relating to gift cards do not

apply

(3) For the purposes of paragraph 99G(c) of the Australian Consumer Law,

Subdivision B of Division 3A of Part 3-2 of the Australian Consumer Law does

not apply in relation to:

(a) gift cards supplied in these circumstances:

(i) a person supplies a gift card in trade or commerce; and

(ii) the gift card being supplied has been the subject of an earlier supply in

trade or commerce; and

(iii) the gift card is being supplied by the person as a second-hand good;

and

(iv) the person cannot vary when the gift card ceases to be redeemable; or

(b) gift cards supplied to:

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(i) an entity that is registered under the Australian Charities and

Not-for-Profits Commission Act 2012 as the subtype of entity

mentioned in column 2 of item 3 of the table in subsection 25-5(5) of

that Act (Entity with a purpose of advancing social or public welfare);

(ii) a Department of State of the Commonwealth, a State or a Territory; or

(iii) an agency or authority of the Commonwealth, a State or a Territory,

except where the functions of the agency or authority are wholly or

primarily commercial functions; or

(iv) a body established for the purposes of local government by or under a

law of a State or Territory.

90 Requirements for warranties against defects

(1) For subsection 102(1) of the Australian Consumer Law, the following

requirements are prescribed:

(a) a warranty against defects must be in a document that is transparent;

(b) a warranty against defects must concisely state:

(i) what the person who gives the warranty must do so that the warranty

may be honoured; and

(ii) what the consumer must do to entitle the consumer to claim the

warranty;

(i) in relation to the supply of goods only—the text mentioned in

subregulation (2); or

(ii) in relation to the supply of services only—the text mentioned in

subregulation (3); or

(iii) in relation to the supply of goods and services—the text mentioned in

subregulation (4);

(d) a warranty against defects must prominently state the following

information about the person who gives the warranty;

(i) the person’s name;

(ii) the person’s business address;

(iii) the person’s telephone number;

(iv) the person’s email address (if any);

(e) a warranty against defects must state the period or periods within which a

defect in the goods or services to which the warranty relates must appear if

the consumer is to be entitled to claim the warranty;

(f) a warranty against defects must set out the procedure for the consumer to

claim the warranty including the address to which a claim may be sent;

(g) a warranty against defects must state who will bear the expense of claiming

the warranty and if the expense is to be borne by the person who gives the

warranty—how the consumer can claim expenses incurred in making the

claim;

(h) a warranty against defects must state that the benefits to the consumer

given by the warranty are in addition to other rights and remedies of the

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consumer under a law in relation to the goods or services to which the

warranty relates.

(1A) Paragraph (1)(c) does not apply in relation to:

(a) services mentioned in section 63 of the Australian Consumer Law; and

(b) supplies mentioned in section 65 of the Australian Consumer Law.

(2) For the purposes of subparagraph (1)(c)(i), the text is ‘Our goods come with

guarantees that cannot be excluded under the Australian Consumer Law. You are

entitled to a replacement or refund for a major failure and compensation for any

other reasonably foreseeable loss or damage. You are also entitled to have the

goods repaired or replaced if the goods fail to be of acceptable quality and the

failure does not amount to a major failure’.

(3) For the purposes of subparagraph (1)(c)(ii), the text is ‘Our services come with

guarantees that cannot be excluded under the Australian Consumer Law. For

major failures with the service, you are entitled:

 to cancel your service contract with us; and

 to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss

or damage. If the failure does not amount to a major failure you are entitled to

have problems with the service rectified in a reasonable time and, if this is not

done, to cancel your contract and obtain a refund for the unused portion of the

contract’.

(4) For the purposes of subparagraph (1)(c)(iii), the text is ‘Our goods and services

come with guarantees that cannot be excluded under the Australian Consumer

Law. For major failures with the service, you are entitled:

 to cancel your service contract with us; and

 to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with

goods. If a failure with the goods or a service does not amount to a major failure,

you are entitled to have the failure rectified in a reasonable time. If this is not

done you are entitled to a refund for the goods and to cancel the contract for the

service and obtain a refund of any unused portion. You are also entitled to be

compensated for any other reasonably foreseeable loss or damage from a failure

in the goods or service’.

91 Requirement for notice relating to repair of goods

(1) For subsection 103(1) of the Australian Consumer Law, the following

requirements are prescribed:

(a) if the notice relates to the repair of goods that are capable of retaining

user-generated data, the notice must state that repair of the goods may

result in loss of the data;

(b) the notice must include the text mentioned in subregulation (2) if it is the

practice of a repairer of goods:

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(i) to supply refurbished goods as an alternative to repairing a

consumer’s defective goods; or

(ii) to use refurbished parts in the repair of a consumer’s defective goods.

(2) For paragraph (1)(b), the text is ‘Goods presented for repair may be replaced by

refurbished goods of the same type rather than being repaired. Refurbished parts

may be used to repair the goods.’.

(3) In this regulation:

User-generated data means any data stored on goods.

Examples

1 Files stored on a computer hard drive.

2 Telephone numbers stored on a mobile telephone.

3 Songs stored on a portable media player.

4 Games saved on a games console.

5 Files stored on a USB memory stick.

92 Laws specified for supplier reports about consumer goods associated with

death, serious injury or illness of any person

For paragraphs 131(2)(c) and 132(2)(c) of the Australian Consumer Law, a law

of the Commonwealth, a State or a Territory mentioned in an item of the

following table is specified.

Item Law of the Commonwealth, a State or a Territory

Agricultural and Veterinary Chemicals Act 1994 (Cth)

National Health Security Act 2007 (Cth)

Therapeutic Goods Act 1989 (Cth)

Coroners Act 2009 (NSW)

Public Health Act 1991 (NSW)

Road Transport (Safety and Traffic Management) Act 1999 (NSW)

Coroners Act 2008 (Vic)

Public Health and Wellbeing Act 2008 (Vic)

Road Safety Act 1986 (Vic)

Coroners Act 2003 (Qld)

Motor Accident Insurance Act 1994 (Qld)

12 Public Health Act 2005 (Qld)

13 Transport Operations (Road Use Management — Road Rules) Regulation 2009 (Qld)

14 Coroners Act 1996 (WA)

15 Food Regulations 2009 (WA)

16 Health Act 1911 (WA)

17 Road Traffic Act 1974 (WA)

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Item Law of the Commonwealth, a State or a Territory

Coroners Act 2003 (SA)

19 Public and Environmental Health Act 1987 (SA)

20 Road Traffic Act 1961 (SA)

21 Coroners Act 1995 (Tas)

22 Public Health Act 1997 (Tas)

Traffic Act 1925 (Tas)

Coroners Act 1997 (ACT)

25 Public Health Act 1997 (ACT)

26 Road Transport (Safety and Traffic Management) Act 1999 (ACT)

27 Coroners Act (NT)

28 Notifiable Diseases Act (NT)

29 Traffic Act (NT)

30 Regulations made under an Act mentioned in items 1 to 12, 14 and 16 to 29

92A Application of Division 3A of Part 4-2 of the Australian Consumer Law to

gift cards

Gift cards to be redeemable for at least 3 years—gift cards and supplies to which

the offence relating to that requirement does not apply

(1) For the purposes of paragraph 191E(a) of the Australian Consumer Law,

section 191A of the Australian Consumer Law does not apply in relation to a gift

card of a kind specified in subregulation 89C(1).

(2) For the purposes of paragraph 191E(c) of the Australian Consumer Law,

section 191A of the Australian Consumer Law does not apply in relation to a gift

card supplied in any of the circumstances specified in subregulation 89C(2).

Supplies of gift cards to which all offences relating to gift card requirements do

not apply

(3) For the purposes of paragraph 191E(c) of the Australian Consumer Law,

sections 191A to 191D of the Australian Consumer Law do not apply in relation

to a gift card supplied in:

(a) the circumstances specified in paragraph 89C(3)(a); or

(b) the circumstances specified in subparagraph 89C(3)(b)(i), (ii), (iii) or (iv).

92B Enforcement of the Australian Consumer Law—identity card for inspectors

For paragraph 133A(2)(a) of the Act, an identity card must contain the following

information:

(a) a recent photograph of the inspector to whom the card was issued;

(b) the name of the inspector;

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(d) the Commission corporate logo and the Australian coat of arms;

(e) the following text:

“The person whose name and photograph appear on this card is an inspector of the Commission who:

(a) has been appointed by the Chairperson of the Commission as an Inspector pursuant to section 133

of the Competition and Consumer Act 2010; and

(b) has been issued with this identity card by the Chairperson of the Commission pursuant to

section 133A of the Competition and Consumer Act 2010.”.

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Transitional matters—Australian Consumer Law Part 7

Regulation 93

Part 7—Transitional matters—Australian Consumer Law

93 Saving State or Territory laws for compliance with regulation 82 and

regulations 83 to 87—1 January 2011 to 30 June 2011

(1) This regulation is made for item 12 of Schedule 7 to the Trade Practices

Amendment (Australian Consumer Law) Act (No. 2) 2010 and applies in the

period starting on 1 January 2011 and ending on 30 June 2011.

(2) Despite the repeal of the provisions mentioned in column 3 of the following

table, a dealer or supplier who deals with or supplies goods or services in a State

or Territory mentioned in an item of the table, is taken to have complied with

regulation 82 if the dealer or supplier complies with the law of the State or

Territory mentioned in column 3 of the item.

Item State or Territory Law of the State or Territory

New South Wales Section 40J of the Fair Trading Act 1987 (NSW)

Victoria Section 62D of the Fair Trading Act 1999 (Vic)

Queensland Section 64 of the Fair Trading Act 1989 (Qld)

Western Australia Section 11 of the Door to Door Trading Act 1987 (WA)

South Australia Section 20 of the Fair Trading Act 1987 (SA) as amended by the

Fair Trading (Telemarketing) Amendment Act 2009 (SA)

Tasmania Section 11 of the Door to Door Trading Act 1986 (Tas)

Australian Capital Section 10 of the Door-to-Door Trading Act 1991 (ACT)

Territory

Northern Territory Section 104 of the Consumer Affairs and Fair Trading Act (NT)

(3) Despite the repeal of the provisions mentioned in column 3 of the following

table, a dealer or supplier who deals with or supplies goods or services in a State

or Territory mentioned in an item of the table, is taken to have complied with

regulations 83 to 87 if the dealer or supplier complies with the law of the State or

Territory mentioned in column 3 of the item.

Item State or Territory Law of the State or Territory

New South Wales Section 40D of the Fair Trading Act 1987 (NSW)

Victoria Section 61, 67E or 69 of the Fair Trading Act 1999 (Vic)

Queensland Section 61 of the Fair Trading Act 1989 (Qld)

Western Australia Section 7 of the Door to Door Trading Act 1987 (WA)

South Australia Section 17 of the Fair Trading Act 1987 (SA) as amended by the

Fair Trading (Telemarketing) Amendment Act 2009 (SA)

Tasmania Section 7 of the Door to Door Trading Act 1986 (Tas)

Australian Capital Section 7 of the Door-to-Door Trading Act 1991 (ACT)

Territory

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Regulation 94

Item State or Territory Law of the State or Territory

Northern Territory Section 101 of the Consumer Affairs and Fair Trading Act (NT)

94 Application of section 86 of Australian Consumer Law—1 January 2011 to

31 December 2011

(1) For item 12 of Schedule 7 to the Trade Practices Amendment (Australian

Consumer Law) Act (No. 2) 2010 and paragraph 94(b) of the Australian

Consumer Law, the application, savings or transitional matter in

subregulation (2):

(a) is prescribed; and

(b) applies during the period starting on 1 January 2011 and ending on

31 December 2011.

(2) For subregulation (1) and despite the repeal of a relevant State or Territory law,

sections 86 and 179 and subparagraphs 76(a)(iii) and 173(1)(a)(iii) of the

Australian Consumer Law do not apply to a dealer or supplier in a State or

Territory if the dealer or supplier:

(a) deals with or supplies goods or services in the State or Territory; and

(b) complies with the relevant State or Territory law for the dealer or supplier.

(3) In this regulation a relevant State or Territory law means:

(a) if the dealer or supplier deals with or supplies goods or services in New

South Wales—section 40H of the Fair Trading Act 1987 (NSW); and

(b) if the dealer or supplier deals with or supplies goods or services in

Victoria—section 80 of the Fair Trading Act 1999 (Vic); and

Queensland—section 62 of the Fair Trading Act 1989 (Qld); and

(d) if the dealer or supplier deals with or supplies goods or services in Western

Australia—section 8 of the Door to Door Trading Act 1987 (WA); and

(e) if the dealer or supplier deals with or supplies goods or services in South

Australia—section 18 of the Fair Trading Act 1987 (SA) as amended by

the Fair Trading (Telemarketing) Amendment Act 2009 (SA); and

(f) if the dealer or supplier deals with or supplies goods or services in

Tasmania—section 8 of the Door to Door Trading Act 1986 (Tas); and

(g) if the dealer or supplier deals with or supplies goods or services in the

Australian Capital Territory—section 8 of the Door-to-Door Trading Act

1991 (ACT); and

(h) if the dealer or supplier deals with or supplies goods or services in the

Northern Territory—section 102 of the Consumer Affairs and Fair Trading

Act (NT).

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Regulation 95

95 Application of paragraph 86(1)(a) of Australian Consumer Law

For paragraph 94(a) of the Australian Consumer Law, paragraph 86(1)(a) of the

Australian Consumer Law does not apply to the supply of goods to a consumer

under an unsolicited consumer agreement if the total price payable for the goods

under the agreement is $500 or less.

Note: This regulation does not apply in relation to the supply of services under the agreement.

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Part 8 Other transitional and application provisions

Division 1 Application of amendments made by the Competition and Consumer Amendment

(Competition Policy Review) Regulations 2017

Regulation 96

Part 8—Other transitional and application provisions

Division 1—Application of amendments made by the Competition

and Consumer Amendment (Competition Policy Review)

Regulations 2017

96 Meaning of amending Part

In this Division:

amending Part means Part 1 of Schedule 1 to the Competition and Consumer

Amendment (Competition Policy Review) Regulations 2017.

97 Application of amendments

(1) The amendment of regulation 6A made by the amending Part applies in relation

to applications made on or after the day that Part commences.

(2) Despite the amendment made by the amending Part, regulation 13 continues to

apply, in relation to applications made before the day that Part commences, as if

that amendment had not been made.

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Application of amendments made by the Competition and Consumer Amendment (Australian

Consumer Law Review) Regulations 2018 Division 2

Regulation 98

Division 2—Application of amendments made by the Competition

and Consumer Amendment (Australian Consumer Law

Review) Regulations 2018

98 Application—unsolicited consumer agreements

The amendments made by Schedule 1 to the Competition and Consumer

Amendment (Australian Consumer Law Review) Regulations 2018 apply in

relation to agreements entered into on or after the commencement of that

Schedule.

99 Application—warranties against defects

The amendments made by Schedule 2 to the Competition and Consumer

Amendment (Australian Consumer Law Review) Regulations 2018 apply in

relation to warranties against defects issued on or after the day that is 12 months

after the day that Schedule commences.

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Schedule 1 Forms—General

Part 1 Forms—General

Schedule 1—Forms—General (subregulation 2(2))

Part 1—Forms—General

Form AA Summons to witness: Australian Competition and Consumer Commission (regulation 6E)

Commonwealth of Australia

Competition and Consumer Act 2010

Summons to witness: Australian Competition and Consumer Commission

(Title of matter)

To (full name and address of witness)

You are summoned to attend before the Australian Competition and Consumer

Commission, for an arbitration hearing in this matter, on (date), at (time), and then from day

to day until the hearing is completed or until you are released from further attendance.

2. You are required to attend before the Commission for the purpose of giving evidence at

the hearing.

* 3. You are required to bring with you and produce the following documents:

(specify the documents required).

Dated 20 .

Chairperson (or Deputy

Chairperson or Member) of the

Australian Competition and Consumer Commission *Insert if applicable

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Forms—General Schedule 1

Forms for Tribunal and Commission proceedings Part 4

Part 4—Forms for Tribunal and Commission proceedings

Form H Title of proceedings before tribunal

(regulation 17)

Commonwealth of Australia

Competition and Consumer Act 2010

Title of proceedings before tribunal

In the Australian Competition Tribunal

File No.

(Insert description of proceedings)

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Schedule 1 Forms—General

Part 4 Forms for Tribunal and Commission proceedings

Form I Application to tribunal for review

(subregulation 20(1))

Application to tribunal for review

(Title)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

1. I (here insert name and address of applicant—where the applicant is a corporation, the

corporation’s name should be inserted here, not the name of an officer of the corporation)

hereby apply to the Australian Competition Tribunal pursuant to section 101 of the

Competition and Consumer Act 2010 for a review of the determination of the Australian

Competition and Consumer Commission dated the day of 20 (Commission file no. ).

2. (a) I was/was not (here delete whichever is not applicable) the applicant for the

authorization to which the determination relates.

(b) (To be completed if applicant for review was not applicant for authorization). My interest in the determination is as follows:

(Here set out particulars of the matters by reason of which the applicant will seek to satisfy the Tribunal that, for the purposes of subsection 101(1) of the Act, he has a sufficient interest in the determination.)

3. I am dissatisfied with the determination of the Commission in the following respects:

4. The determination that I am seeking from the Tribunal is as follows:

5. Particulars of the facts and contentions upon which I intend to rely in support of the

application for review, and a statement of the issues as I see them, are attached.

(Note that if review is being sought of a determination relating to a merger authorisation or an application for one, the review will not be a re-hearing. Unless permitted under subsection 102(10) of the Act, the review will be confined to the information, documents and evidence before the Commission when it made the determination (see subsections 101(2) and 102(8) to (10) of the Act).)

6. My address for service for the purpose of regulation 21 of the Competition and

Consumer Regulations 2010 is (here insert address in Australia at which documents may

be served for the purpose of proceedings).

7. Documents may be served on me at (here insert electronic address at which documents

may be served for the purpose of proceedings—this is optional and does not replace the

need to provide an address in Australia at paragraph 6).

Dated this day of 20 .

Signed by/on behalf of the applicant

.......…............................................... (Signature)

.......…............................................... (Full Name)

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Forms—General Schedule 1

Forms for Tribunal and Commission proceedings Part 4

.............................................................. (Where applicant is a corporation, state position occupied in corporation by person signing). (If signed by solicitor for applicant this fact should be stated).

DIRECTIONS

1. If an address is to be provided in this form, an electronic address may be provided in

addition to the address required.

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Schedule 1 Forms—General

Part 4 Forms for Tribunal and Commission proceedings

Form J Application to tribunal for review

(subregulation 20(2))

Application to tribunal for review

(Title of matter)

PLEASE FOLLOW THE DIRECTIONS ON THE BACK OF THIS FORM

1. I (insert name and address of applicant—if the applicant is a corporation, the

corporation’s name should be inserted here, not the name of an officer of the

corporation) apply to the Australian Competition Tribunal under section 101A or 101B

of the Competition and Consumer Act 2010 for a review of the giving of notice under

subsection 93(3) / 93(3A) / 93(3B) / 93AAA(1) / 93AC(1) / 93AC(2) / 93AC(2A) /

93ACA(1) / 93AD(5) / 93AG(7) / section 95AB

(delete any of the above that are not applicable) of that Act to (state name of corporation

to which, or person to whom, the notice was given) by the Australian Competition and

Consumer Commission on the day of 20

(Commission file no. ).

2. (a) That notice was/was not (delete whichever is not applicable) given to the person

making this application.

(b) (To be completed if applicant for review was not corporation to which, or person to whom, that notice was given). My interest in the determination is as follows:

(set out particulars of the matters by reason of which the applicant will seek to satisfy the Tribunal that, for the purposes of section 101A or 101B of the Act, he or she has a sufficient interest).

3. I am dissatisfied with the giving of the notice by the Commission because:

4. Particulars of the facts and contentions upon which I intend to rely in support of the

application for review, and a statement of the issues as I see them, are attached.

5. My address for service for the purpose of regulation 21 of the Competition and

Consumer Regulations 2010 is (insert address in Australia at which documents may be

served for the purpose of proceedings).

6. Documents may be served on me at (insert electronic address at which documents may

be served for the purpose of proceedings—this is optional and does not replace the need

to provide an address in Australia at paragraph 5).

Dated this day of 20 .

Signed by/on behalf of the applicant

........................................................... (Signature)

........................................................... (Full Name)

...........................................................

(If applicant is a corporation, state position occupied in corporation by person signing). (If signed by solicitor for applicant this fact should be stated).

DIRECTIONS

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Forms—General Schedule 1

Forms for Tribunal and Commission proceedings Part 4

1. If an address is to be provided in this form, an electronic address may be provided in

addition to the address required.

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Schedule 1 Forms—General

Part 4 Forms for Tribunal and Commission proceedings

Form JA Application to tribunal for review

(subregulation 20A(1))

Application to tribunal for review

(Title)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

Name of applicant:

Address of applicant:

(If the Applicant is a corporation, give the corporation’s name and address, not the name and

address of an officer of the corporation).

1. I apply to the Australian Competition Tribunal

* under subsection 44K(1) of the Competition and Consumer Act 2010, for a review

of the declaration of a service by the designated Minister, (full name and

designation of the designated Minister), under subsection 44H(1) of the Act;

* under subsection 44K(2) of the Competition and Consumer Act 2010, for a review

of the decision by the designated Minister, (full name and designation of the

designated Minister), under subsection 44H(1) of the Act, not to declare a service; * under subsection 44L(1) of the Competition and Consumer Act 2010, for a review of

the decision by the designated Minister, (full name and designation of the designated Minister), under subsection 44J(3) of the Act, not to revoke the declaration of a service;

being the service described below.

2. I am * the provider.

* the person who applied for the declaration recommendation.

3. Brief description of the service:

4. Facts and contentions on which I intend to rely:

5. Issues as I see them:

6. Address for service of documents:

(An address for service must comply with regulation 21 of the Competition and Consumer

Regulations 2010—an address in Australia must be provided and, in addition, an electronic

address may be provided).

Dated: 20 Signed by/on behalf of the applicant

(Signature)

............................................................

(Full Name)

............................................................

(If applicant is a corporation, state position occupied in corporation by person signing. If signed by a solicitor for applicant this fact should be stated).

*Delete if not applicable.

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Forms—General Schedule 1

Forms for Tribunal and Commission proceedings Part 4

DIRECTIONS

1. If an address is to be provided in this form, an electronic address may be provided in

addition to the address required.

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Schedule 1 Forms—General

Part 4 Forms for Tribunal and Commission proceedings

Form JAA Application for review by Australian Competition Tribunal

(subregulation 20(4))

Commonwealth of Australia

Competition and Consumer Act 2010

Application for review by Australian Competition Tribunal

(Title of matter)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

Name of applicant: (insert full name of applicant)

Address of applicant: (insert address of applicant)

(If the applicant is a corporation, the corporation’s name should be inserted here, not the

name and address of an officer of the corporation.)

1. Application is made to the Australian Competition Tribunal under section 151CI of the

Competition and Consumer Act 2010 for review of a decision of the Australian Competition

and Consumer Commission under section 151BA of that Act to refuse to make an exemption

order relating to conduct of the applicant, being the decision, order and conduct described

below.

2. The decision of the Commission is dated (insert date of decision) and the number of the

Commission file for the matter is (insert file no.).

3. The Commission refused to make an exemption order having the following effect:

(state the effect briefly).

4. The conduct was as follows:

(state the conduct briefly).

5. The following features of the Commission decision are unsatisfactory:

(state the features briefly).

6. The facts and contentions on which this application relies are as follows:

(state the facts and contentions briefly).

7. Address for service of documents:

(insert address for service)

(An address for service must comply with regulation 21 of the Competition and Consumer

Regulations 2010—an address in Australia must be provided and, in addition, an electronic

address may be provided).

Dated .

Signed by or on behalf of the applicant

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Forms—General Schedule 1

Forms for Tribunal and Commission proceedings Part 4

(signature)

(insert full name)

(If the applicant is a corporation, state position occupied by the signatory in the corporation. If the signatory is a solicitor for the applicant, state that fact.)

DIRECTIONS

1. If an address is to be provided in this form, an electronic address may be provided in

addition to the address required.

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Schedule 1 Forms—General

Part 4 Forms for Tribunal and Commission proceedings

Form JB Application to tribunal for review

(subregulation 20A(2))

Application to tribunal for review

(Title)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

Full name of applicant Minister:

Designation of Minister:

State or Territory:

Address:

1. I apply to the Australian Competition Tribunal under subsection 44O(1) of the

Competition and Consumer Act 2010 for a review of the decision of the Commonwealth

Minister that the regime for access to the service described below *is/*is not an effective

access regime for the service.

2. I am the Minister who asked the National Competition Council for a recommendation

under section 44M of the Act in respect of the service.

3. Brief description of the service:

4. Facts and contentions on which I intend to rely:

5. Issues as I see them:

6. Address for service of documents:

(An address for service must comply with regulation 21 of the Competition and Consumer

Regulations 2010—an address in Australia must be provided and, in addition, an electronic

address may be provided).

Dated: 20 Signed:

(Signature)

*Delete if not applicable

DIRECTIONS

1. If an address is to be provided in this form, an electronic address may be provided in

addition to the address required.

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Forms—General Schedule 1

Forms for Tribunal and Commission proceedings Part 4

Form JBA Application to tribunal for review

(subregulation 20A(2A))

Application to tribunal for review

(Title)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

Name of applicant:

Address of applicant:

(If the Applicant is a corporation, give the corporation’s name and address, not the name and

address of an officer of the corporation).

1. I apply to the Australian Competition Tribunal under subsection 44O(1A) of the

Competition and Consumer Act 2010, for a review of the decision by the Commonwealth

Minister, (full name and designation of the Commonwealth Minister), under

section 44NBC of the Act

* not to revoke

* to revoke

a decision in force under section 44N of the Act that a regime established by a State or

Territory for access to a service is an effective access regime.

2. I am

* the person who applied under subsection 44NBA(3) of the Act

* a person who could have applied under subsection 44NBA(3) of the Act

for the Council to make a recommendation relating to that decision in force under

section 44N of the Act.

3. Brief description of the regime and the service:

4. Facts and contentions on which I intend to rely:

5. Issues as I see them:

6. Address for service of documents:

(An address for service must comply with regulation 21 of the Competition and Consumer

Regulations 2010—an address in Australia must be provided and, in addition, an electronic

address may be provided).

Dated: 20 Signed by/on behalf of the applicant

(Signature)

............................................................

(Full Name)

............................................................

(If applicant is a corporation, state position occupied in corporation by person signing. If signed by a solicitor for applicant this fact should be stated).

*Delete if not applicable.

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Schedule 1 Forms—General

Part 4 Forms for Tribunal and Commission proceedings

DIRECTIONS

1. If an address is to be provided in this form, an electronic address may be provided in

addition to the address required.

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Forms—General Schedule 1

Forms for Tribunal and Commission proceedings Part 4

Form JC Application to tribunal for review

(subregulation 20A(3))

Application to tribunal for review

(Title)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

Name of applicant:

Address of applicant:

(If the applicant is a corporation, give the corporation’s name and address, not the name and

address of an officer of the corporation).

1. I apply to the Australian Competition Tribunal under subsection 44ZX(1) of the

Competition and Consumer Act 2010 for a review of the decision of the Australian

Competition and Consumer Commission not to register a contract dated (date) between

(names of parties), relating to the service described below.

2. Brief description of the service:

3. Facts and contentions on which I intend to rely:

4. Issues as I see them:

5. Address for service of documents:

(An address for service must comply with regulation 21 of the Competition and Consumer

Regulations 2010—an address in Australia must be provided and, in addition, an electronic address may be provided).

Dated: 20 Signed by/on behalf of the applicant

(Signature)

(Full Name)

..........................................................

(If applicant is a corporation, state position

occupied in corporation by person signing. If

signed by a solicitor for applicant this fact should

be stated). *Delete if not applicable.

DIRECTIONS

1. If an address is to be provided in this form, an electronic address may be provided

in addition to the address required.

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Schedule 1 Forms—General

Part 4 Forms for Tribunal and Commission proceedings

Form K Summons to witness: Australian Competition Tribunal

(regulations 25 and 28N)

Commonwealth of Australia

Competition and Consumer Act 2010

Summons to witness: Australian Competition Tribunal

(Title)

To (full name and address of witness)

You are hereby summoned to attend before the Australian Competition Tribunal at on

20 ,

at o’clock in the noon, and thereafter from day to day until

the hearing of proceedings in relation to the above-mentioned matter is completed or until you

are released from further attendance.

2. You are required to attend before the Tribunal for the purpose of giving evidence in the

proceedings.

* 3. You are required to bring with you and produce the following documents:

(Here set out the documents required).

Dated this day of 20 .

*Insert if applicable.

President (or Deputy Presi

or Member) of the

Australian Competition Trib

dent

unal.

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Forms—General Schedule 1

Forms for Tribunal and Commission proceedings Part 4

Form L Application to tribunal for review

(subregulation 28C(1))

Application to tribunal for review

(Title)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

Name of applicant:

Address of applicant:

(If the applicant is a corporation, give the corporation’s name and address, not the name and

address of an officer of the corporation).

1. I apply to the Australian Competition Tribunal under subsection 44ZP(1) of the

Competition and Consumer Act 2010 for a review of a determination of the Australian

Competition and Consumer Commission on access to the service described below.

2. I am

*the provider.

*the third party.

*a party to the determination, other than the provider or the third party.

3. Brief description of the service:

4. Facts and contentions on which I intend to rely:

5. Issues as I see them:

6. Address for service of documents:

(An address for service must comply with regulation 21 of the Competition and Consumer

Regulations 2010—an address in Australia must be provided and, in addition, an electronic

address may be provided).

Dated: 20 Signed by/on behalf of the applicant

(Signature)

(Full name)

..............................................................

(If the applicant is a corporation, state position

occupied in corporation by person signing. If signed

by a solicitor for applicant, this fact should be

stated). *Delete if not applicable.

DIRECTIONS

1. If an address is to be provided in this form, an electronic address may be provided

in addition to the address required.

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Schedule 1A Matters for which no fee is payable

Schedule 1A—Matters for which no fee is payable (subregulation 28(4))

1. An application (a new application) made for the purposes of the Act if:

(a) the person making the new application has, at the same time or previously, made an application for the purposes of the Competition Code; and

(b) the applications relate to the same conduct or matter in the same market (or closely related markets); and

(c) the new application is made not later than 14 days after the previous application (or the last of the previous applications).

2. An application (a new application) made for the purposes of the Competition Code if:

(a) the person making the new application has, at the same time or previously, made an application for the purposes of the Act; and

(b) the applications relate to the same conduct or matter in the same market (or closely related markets); and

(c) the new application is made not later than 14 days after the previous application (or the last of the previous applications).

3. A notice (a new notice) given for the purposes of the Act if:

(a) the person giving the new notice has, at the same time or previously, given a notice for the purposes of the Competition Code; and

(b) the notices relate to the same conduct in the same market (or closely related markets); and

4. A notice (a new notice) given for the purposes of the Competition Code if:

(a) the person giving the new notice has previously given a notice for the purposes of the Act; and

(b) the notices relate to the same conduct in the same market (or closely related markets); and

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Fees payable to Commission for applications and notices Schedule 1B

Schedule 1B—Fees payable to Commission for

applications and notices

Note: See subregulation 28(5).

Fees payable to Commission for applications and notices

Item Application or notice Fee Concessional fee

Application for an authorisation under section 88 of the $7,500 No concessional fee

Act (other than a merger authorisation)

Application for a merger authorisation $25,000 No concessional fee

Application for revocation of a merger authorisation, $25,000 No concessional fee

and substitution of a new merger authorisation, under

section 91C of the Act

Application for revocation of an authorisation under $2,500 No concessional fee

section 88 (other than a merger authorisation) and

substitution of a new authorisation under section 91C

of the Act

5 A notice under subsection 93(1) of the Act about $2,500 $500

conduct of a kind referred to in section 47 of the Act

6 A notice under subsection 93(1) of the Act about $1,000 $0

conduct of a kind referred to in section 48 of the Act

7 Notice of collective bargaining under section 93AB of $1,000 $0

the Act

Note: Item 4 does not apply to a revocation and substitution of a non-merger authorisation

initiated by the Commission under section 91C of the Act.

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Schedule 2 Fees—registration of conference agreements

Schedule 2—Fees—registration of conference

agreements (regulation 31)

Column 1 Column 2

Matter Fee

1. Application for a copy of a part of an entry in a register or a part of a

conference agreement file

2. Application for a copy of the whole of an entry in a register or the

whole of a conference agreement file

3. Application for provisional registration of a conference agreement

4. Application for final registration of a conference agreement

5. Application for registration of ocean carrier’s agent

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

360

210

100

Authorised Version F2019C00238 registered 29/03/2019

Forms—registration of conference agreements Schedule 3

Application for provisional registration of a conference agreement Form 1

Schedule 3—Forms—registration of conference

agreements

Form 1—Application for provisional registration of a

conference agreement (regulation 38)

Competition and Consumer Act 2010

Application for provisional registration of a conference agreement

Name of applicant(s):

Address of applicant(s):

[Here insert particulars specified in regulation 38]

Signature of applicant(s):

Date:

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Schedule 3 Forms—registration of conference agreements

Form 2 Application for final registration of a conference agreement

Form 2—Application for final registration of a conference

agreement (regulation 40)

Competition and Consumer Act 2010

Application for final registration of a conference agreement

Name of applicant(s):

Address of applicant(s):

[Here insert particulars specified in regulation 40]

Signature of applicant(s):

Date:

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Forms—registration of conference agreements Schedule 3

Abstract of confidential parts of agreement Form 3

Form 3—Abstract of confidential parts of agreement (regulation 41)

Competition and Consumer Act 2010

Abstract of confidential parts of agreement

Name of party making request:

Title of conference:

[Here describe material covered by confidential parts of agreement]

Signature of applicant:

Date:

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Schedule 3 Forms—registration of conference agreements

Form 4 Notice of the happening of an affecting event

Form 4—Notice of the happening of an affecting event (regulation 42)

Competition and Consumer Act 2010

Notice of the happening of an affecting event

Name of party giving notice:

Title of conference agreement:

[Here insert particulars specified in regulation 42]

Signature of party giving notice:

Date:

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Forms—registration of conference agreements Schedule 3

Offer to give undertaking Form 5

Form 5—Offer to give undertaking (regulation 43)

Competition and Consumer Act 2010

Offer to give undertaking

Provision of the Act under which offer made:

Names of *parties to agreement: *ocean carrier:

[Here insert particulars specified in regulation 43]

Signatures of parties:

Date:

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Schedule 3 Forms—registration of conference agreements

Form 6 Application by ocean carrier for registration of agent

Form 6—Application by ocean carrier for registration of

agent (regulation 44)

Competition and Consumer Act 2010

(section 10.70)

Application by ocean carrier for registration of agent

Names of applicant:

[Here insert particulars specified in regulation 44]

Signatures of applicant:

Date:

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Forms—registration of conference agreements Schedule 3

Notice to change of agent, change of address or change of particulars Form 7

Form 7—Notice to change of agent, change of address or

change of particulars (regulation 45)

Competition and Consumer Act 2010

(section 10.72)

Notice to change of agent, change of address or change of particulars

Name of ocean carrier:

[Here insert particulars specified in regulation 45]

Signature of ocean carrier:

Date:

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 1—About the endnotes

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or

will amend) the compiled law. The information includes commencement details for amending

laws and details of any application, saving or transitional provisions that are not included in

this compilation.

The amendment history in endnote 4 provides information about amendments at the provision

(generally section or equivalent) level. It also includes information about any provision of the

compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and

presentational changes to a compiled law in preparing a compilation of the law for

registration. The changes must not change the effect of the law. Editorial changes take effect

from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the

changes in general terms. Full details of any changes can be obtained from the Office of

Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the

amendment to be made. If, despite the misdescription, the amendment can be given effect as

intended, the amendment is incorporated into the compiled law and the abbreviation “(md)”

added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not

incorp)” is added to the details of the amendment included in the amendment history.

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 2—Abbreviation key

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

/sub-subparagraph(s)C[x] = Compilation No. x

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

commenced or to be commencedNo. = Number(s)

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 3—Legislation history

Endnote 3—Legislation history

Number and year FRLI registration or Commencement Application, saving and

gazettal transitional provisions

1974 No. 170 25 Sept 1974 25 Sept 1974

1974 No. 175 1 Oct 1974 1 Oct 1974 —

1974 No. 247 23 Dec 1974 23 Dec 1974 —

1975 No. 13 11 Feb 1975 11 Feb 1975 —

1978 No. 212 7 Nov 1978 7 Nov 1978 —

1979 No. 1 17 Jan 1979 17 Jan 1979 —

1979 No. 87 14 June 1979 14 June 1979 —

1980 No. 39 11 Mar 1980 11 Mar 1980 —

1982 No. 68 19 Mar 1982 19 Mar 1982 —

1989 No. 199 31 July 1989 1 Aug 1989 (r 1) —

1992 No. 71 19 Mar 1992 1 Apr 1992 (r 1) —

1992 No. 92 14 Apr 1992 14 Apr 1992 (r 1) —

1993 No. 21 11 Feb 1993 11 Feb 1993 (r 1) —

1995 No. 248 16 Aug 1995 17 Aug 1995 (r 1) —

1995 No. 330 3 Nov 1995 6 Nov 1995 (r 1 and gaz 1995, —

No S423)

1996 No. 20 31 Jan 1996 31 Jan 1996 (r 1) —

1997 No. 53 12 Mar 1997 12 Mar 1997 (r 2) —

1997 No. 86 16 Apr 1997 16 Apr 1997 (r 2) —

1997 No. 322 27 Nov 1997 27 Nov 1997 (r 2) —

1998 No. 365 22 Dec 1998 22 Dec 1998 (r 2) —

1999 No. 251 27 Oct 1999 27 Oct 1999 (r 2) —

2000 No. 163 28 June 2000 1 July 2000 (r 2) —

2000 No. 164 28 June 2000 1 July 2000 (r 2) —

2000 No. 186 12 July 2000 12 July 2000 (r 2) —

2001 No. 40 2 Mar 2001 2 Mar 2001 (r 2) —

2001 No. 57 29 Mar 2001 29 Mar 2001 (r 2) —

2001 No. 74 5 Apr 2001 5 Apr 2001 (r 2) —

2001 No. 149 20 June 2001 20 June 2001 (r 2) —

2001 No. 226 5 Sept 2001 5 Sept 2001 (r 2) —

2002 No. 22 21 Feb 2002 21 Feb 2002 (r 2) —

2005 No. 118 9 June 2005 (F2005L01374) 10 June 2005 (r 2) —

2005 No. 145 17 June 2005 18 June 2005 (r 2) —

(F2005L01372)

2006 No. 98 10 May 2006 11 May 2006 (r 2) —

(F2006L01445)

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 3—Legislation history

Number and year FRLI registration or Commencement Application, saving and

gazettal transitional provisions

2006 No. 370 14 Dec 2006 1 Jan 2007 (r 2) —

(F2006L04027)

2007 No. 45 26 Mar 2007 27 Mar 2007 (r 2) —

(F2007L00708)

2007 No. 78 30 Mar 2007 7 Apr 2007 (r 2) —

(F2007L00836)

2007 No. 205 29 June 2007 5 July 2007 (r 2) —

(F2007L01961)

2007 No. 228 24 July 2007 25 July 2007 (r 2) —

(F2007L02257)

2007 No. 332 28 Sept 2007 5 Oct 2007 (r 2) —

(F2007L03796)

2007 No. 359 19 Oct 2007 25 Oct 2007 (r 2) —

(F2007L04134)

2008 No. 16 6 Mar 2008 (F2008L00671) 7 Mar 2008 (r 2) —

2008 No. 96 3 June 2008 (F2008L01956) 12 June 2008 (r 2) —

2008 No. 137 26 June 2008 r 1–3 and Sch 1: 27 June 2008 —

(F2008L02295) (r 2(a))

r 4 and Sch 2: 1 July 2008

(r 2(b))

2009 No. 87 15 May 2009 13 June 2009 (r 2) —

(F2009L01832)

2009 No. 159 25 June 2009 1 July 2009 (r 2 and —

(F2009L02501) F2009L02489)

178, 2009 10 July 2009 24 July 2009 (r 2) —

(F2009L02697)

123, 2010 7 June 2010 (F2010L01521) r 1–3 and Sch 1: 8 June 2010 —

(r 2(a))

r 4 and Sch 2: 1 July 2010

(r 2(b))

124, 2010 7 June 2010 (F2010L01520) 8 June 2010 (r 2) —

211, 2010 13 July 2010 14 July 2010 (r 2) —

(F2010L01939)

280, 2010 18 Nov 2010 r 1–3 and Sch 1: 1 Jan 2011 —

(F2010L03014) (r 2(a))

Sch 2: 1 July 2011 (r 2(b))

Sch 3: 1 Jan 2012 (r 2(c))

as amended by

337, 2010 9 Dec 2010 (F2010L03184) 10 Dec 2010 (r 2) —

336, 2010 9 Dec 2010 (F2010L03175) 14 Dec 2010 (r 2) —

79, 2011 6 June 2011 (F2011L00957) 12 June 2011 (r 2) —

225, 2011 24 Nov 2011 1 Jan 2012 (r 2) —

(F2011L02416)

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 3—Legislation history

Number and year FRLI registration or Commencement Application, saving and

gazettal transitional provisions

271, 2011 12 Dec 2011 1 Jan 2012 (r 2) —

(F2011L02652)

90, 2012 29 May 2012 6 June 2012 (s 2) —

(F2012L01108)

150, 2012 28 June 2012 Sch 1: 1 July 2012 (s 2(a)) —

(F2012L01413) Sch 2: never commenced

(s 2(b))

247, 2012 30 Oct 2012 1 Nov 2012 (s 2) —

(F2012L02102)

9, 2013 14 Feb 2013 15 Feb 2013 (s 2) —

(F2013L00187)

149, 2013 1 July 2013 (F2013L01295) 5 July 2013 (s 2) —

177, 2013 15 July 2013 16 July 2013 (s 2) —

(F2013L01387)

277, 2013 13 Dec 2013 14 Dec 2013 (s 2) —

(F2013L02092)

33, 2014 14 Mar 2014 Sch 3 (item 2): 15 Mar 2014 —

(F2014L00261) (s 2)

88, 2014 13 June 2014 Sch 3 (items 3, 4): 14 June —

(F2014L00711) 2014 (s 2)

185, 2014 1 Dec 2014 (F2014L01612) Sch 1 (item 2): 1 Dec 2014 (s 2 —

item 2)

37, 2015 30 Mar 2015 31 Mar 2015 (s 2) —

(F2015L00364)

92, 2015 18 June 2015 Sch 1 (item 2): 19 June 2015 —

(F2015L00841) (s 2(1) item 1)

106, 2015 29 June 2015 Sch 1 (items 1–6): 1 July 2015 —

(F2015L00967) (s 2(1) items 2–6)

Sch 1 (item 7): 1 July 2016

(s 2(1) item 7)

134, 2015 12 Aug 2015 Sch 1 (item 2): 13 Aug 2015 —

(F2015L01262) (s 2(1) item 1)

Name Registration Commencement Application, saving

and transitional

provisions

Treasury Laws Amendment

(2016 Measures No. 1)

Regulation 2016

26 Feb 2016 (F2016L00156) Sch 2 (items 9–18): 27 Feb

2016 (s 2(1) item 1)

—

Treasury Laws Amendment

(2016 Measures No. 2)

Regulation 2016

9 May 2016 (F2016L00705) Sch 2: 1 July 2016 (s 2(1)

item 3)

—

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 3—Legislation history

Name Registration Commencement Application, saving

and transitional

provisions

Treasury Laws Amendment

(Professional Standards

Schemes) Regulations 2017

24 May 2017 (F2017L00595) Sch 1 (items 12–28): 25 May

2017 (s 2(1) item 1)

—

Competition and Consumer

Amendment (Competition

Policy Review)

Regulations 2017

3 Nov 2017 (F2017L01431) Sch 1 (items 1–37): 6 Nov

2017 (s 2(1) item 2)

Sch 1 (items 38–48): 4 Nov

2017 (s 2(1) item 3)

Sch 1 (items 49–51): awaiting

commencement (s 2(1)

(item 4)

—

Treasury Laws Amendment

(Professional Standards

Schemes) Regulations 2018

9 Feb 2018 (F2018L00096) Sch 1 (items 4–9): 10 Feb

2018 (s 2(1) item 1)

—

Competition and Consumer 8 June 2018 (F2018L00737) 9 June 2018 (s 2(1) item 1) —

Amendment (Australian

Consumer Law Review)

Regulations 2018

Treasury Laws Amendment

(Professional Standards

Schemes No. 2)

Regulations 2018

2 Oct 2018 (F2018L01393) Sch 1 (items 7–15): 3 Oct

2018 (s 2(1) item 1)

—

Treasury Laws Amendment

(Miscellaneous

Amendments)

Regulations 2018

7 Dec 2018 (F2018L01691) Sch 1 (item 9): 8 Dec 2018

(s 2(1) item 4)

—

Treasury Laws Amendment

(Gift Cards)

Regulations 2018

13 Dec 2018 (F2018L01754) Sch 1: 14 Dec 2018 (s 2(1)

item 1)

—

Treasury Laws Amendment

(Professional Standards

Schemes) Regulations 2019

25 Mar 2019 (F2019L00368) Sch 1 (items 8–20): 26 Mar

2019 (s 2(1) item 1)

—

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 4—Amendment history

Endnote 4—Amendment history

Provision affected How affected

Part 1

Part I heading................................. ad No 199, 1989

Part 1 heading (prev Part I ............. renum

heading) ed C59

r 1 .................................................. rs No 365, 1998; No 280, 2010

r 2 .................................................. am No 1, 1979; No 199, 1989; No 248, 1995; No 322, 1997; No 365, 1998; No 137,

2008; No 159, 2009; No 280, 2010 (as am by No 337, 2010)

r 4 .................................................. am No 330, 1995

Part 2

Part 2 heading................................ ad No 199, 1989

r 4A ............................................... ad No 280, 2010

r 4A ............................................... ad No 199, 1989

r 4AA (prev r 4A) .......................... renum No 280, 2010

r 5 .................................................. am No 1, 1979; No 330, 1995

r 6AA............................................. ad No 118, 2005

am No 137, 2008; No 159, 2009

r 6A ............................................... ad No 330, 1995; No 37, 2015

am F2017L01431

r 6B................................................ ad No 330, 1995

r 6BA............................................. ad F2017L01431

r 6C................................................ ad No 20, 1996; No 37, 2015

r 6D ............................................... ad No 20, 1996

r 6E................................................ ad No 20, 1996

r 6F ................................................ ad No 20, 1996

am No 163, 2000

r 6FA ............................................. ad No 124, 2010

r 6FB ............................................. ad No 124, 2010

r 6FC ............................................. ad No 124, 2010

r 6G ............................................... ad No 20, 1996

am No 163, 2000; No 37, 2015

r 6H ............................................... ad No 20, 1996

r 6I ................................................. ad No 20, 1996

r 6J................................................. ad No 86, 1997

am No 145, 2005; No 280, 2010 (as am by No 337, 2010)

r 7 .................................................. am No 1, 1979

rs No 39, 1980

am No 248, 1995; No 53, 1997

rep No 370, 2006

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

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Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 4—Amendment history

Provision affected How affected

r 7A ...............................................

r 7AA.............................................

r 7B................................................

r 7C................................................

r 7D ...............................................

r 8 ..................................................

r 8A ...............................................

r 9 ..................................................

r 10 ................................................

r 12 ................................................

r 13 ................................................

r 15 ................................................

r 17 ................................................

r 18 ................................................

r 20 ................................................

r 20A .............................................

r 21 ................................................

r 22 ................................................

r 22A .............................................

ad No 137, 2008

am No 159, 2009; No 150, 2012; No 106, 2015

ad No 137, 2008

rs No 137, 2008

am No 159, 2009; No 150, 2012; No 106, 2015; F2016L00705

ad No 150, 2012

ad No 137, 2008

am No 277, 2013

ad No 137, 2008

ad No 212, 1978

rep No 1, 1979

ad No 39, 1980

am F2017L00595

ad No 98, 2006

am No 78, 2007; No 205, 2007; No 332, 2007; No 359, 2007

rs No 96, 2008; No 87, 2009; No 123, 2010

am No 123, 2010; No 336, 2010; No 79, 2011; No 271, 2011; No 247, 2012; No 9,

2013; No 149, 2013; No 33, 2014; No 88, 2014

rs No 185, 2014

am No 92, 2015; No 134, 2015; F2016L00156; F2018L00096; F2018L01393;

F2019L00368

am No 1, 1979

rs No 39, 1980

am No 248, 1995

rs No 90, 2012

rs F2017L01431

rep No 1, 1979

am No 1, 1979; No 37, 2015

am No 1, 1979; No 370, 2006; F2017L01431

am No 1, 1979; No 330, 1995

am No 1, 1979; No 20, 1996

am No 1, 1979; No 248, 1995; No 322, 1997; No 370, 2006; F2017L01431

ad No 20, 1996

am No 322, 1997; F2017L01431

am No 37, 2015

am No 20, 1996; F2017L01431

ad No 20, 1996

am F2017L01431

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

101

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 4—Amendment history

Provision affected How affected

r 22B..............................................

r 24 ................................................

r 25 ................................................

r 26 ................................................

r 28 ................................................

r 28A .............................................

r 28AA...........................................

Part 2A

Part 2A ..........................................

r 28B..............................................

r 28C..............................................

r 28D .............................................

r 28E..............................................

r 28F ..............................................

r 28G .............................................

r 28H .............................................

r 28I ...............................................

r 28J...............................................

r 28K .............................................

r 28L..............................................

r 28M.............................................

r 28N .............................................

r 28P ..............................................

r 28Q .............................................

Part 2B

Part 2B...........................................

Division 1

r 28R..............................................

ad No 20, 1996

am No 322, 1997; F2017L01431

am No 1, 1979; No 370, 2006; F2017L01431

am No 1, 1979; No 370, 2006; No 90, 2012; F2017L01431

2001; No 370, 2006; No 45, 2007; No 16, 2008; No 178, 2009; No 90, 2012;

F2017L01431 (Sch 1 items 49, 50)

am No 1, 1979

rs No 92, 1992

am No 21, 1993; No 248, 1995; No 20, 1996; No 322, 1997; No 365, 1998; No 226,

ad No 175, 1974

am No 247, 1974; No 13, 1975

rep No 87, 1979

ad No 92, 1992

ad No 164, 2000

rep No 22, 2002

ad No 228, 2007

ad No 20, 1996

am No 322, 1997; F2017L01431

ad No 20, 1996

ad No 322, 1997

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

102

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 4—Amendment history

Provision affected How affected

am F2017L01431

Division 2

r 28S .............................................. ad No 322, 1997

Division 3 ...................................... rep No 37, 2015

r 28T.............................................. ad No 322, 1997

rep No 37, 2015

r 28U ............................................. ad No 322, 1997

rep No 37, 2015

r 28V ............................................. ad No 322, 1997

rep No 37, 2015

r 28W............................................. ad No 322, 1997

am No 163, 2000

rep No 37, 2015

r 28X ............................................. ad No 322, 1997

am No 163, 2000

rep No 37, 2015

Division 4

r 28Y ............................................. ad No 322, 1997

am F2017L01431 (Sch 1 item 51)

r 28Z.............................................. ad No 322, 1997

Part 3

Part 3 heading................................ ad No 199, 1989

r 29 ................................................ rs No 199, 1989

r 30 ................................................ rs No 199, 1989; No 57, 2001

r 31 ................................................ rs No 199, 1989

r 32 ................................................ rs No 199, 1989

am No 57, 2001

r 33 ................................................ rs No 199, 1989

am No 57, 2001

r 34 ................................................ rs No 199, 1989

am No 57, 2001

r 35 ................................................ ad No 199, 1989

am No 57, 2001

r 36 ................................................ ad No 199, 1989

am No 57, 2001

r 37 ................................................ ad No 199, 1989

am No 330, 1995

r 38 ................................................ ad No 199, 1989

am No 71, 1992; No 330, 1995; No 57, 2001

r 38A ............................................. ad No 57, 2001

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

103

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 4—Amendment history

Provision affected How affected

r 39 ................................................ ad No 199, 1989

rs No 57, 2001

r 40 ................................................ ad No 199, 1989

am No 71, 1992; No 57, 2001

r 41 ................................................ ad No 199, 1989

r 42 ................................................ ad No 199, 1989

am No 71, 1992; No 57, 2001

r 43 ................................................ ad No 199, 1989

am No 57, 2001

r 44 ................................................ ad No 199, 1989

am No 71, 1992

r 45 ................................................ ad No 199, 1989

am No 71, 1992; No 57, 2001

r 46 ................................................ ad No 199, 1989

am No 330, 1995; No 57, 2001; No 37, 2015

r 47 ................................................ ad No 199, 1989

am No 71, 1999

Part 4 ............................................. ad No 251, 1999

rep No 211, 2010

ad No 90, 2012

rep F2017L01431

r 48 ................................................ ad No 251, 1999

rep No 211, 2010

ad No 90, 2012

rep F2017L01431

r 49 ................................................ ad No 251, 1999

am No 163, 2000

rep No 211, 2010

ad No 90, 2012

rep F2017L01431

r 50 ................................................ ad No 163, 2000

rep No 211, 2010

r 51 ................................................ ad No 163, 2000

rep No 211, 2010

r 52 ................................................ ad No 163, 2000

am No 74, 2001

rep No 211, 2010

r 53 ................................................ ad No 163, 2000

am No 40, 2001

rep No 211, 2010

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

104

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 4—Amendment history

Provision affected How affected

r 54 ................................................ ad No 163, 2000

am No 186, 2000

rep No 211, 2010

r 55 ................................................ ad No 163, 2000

rep No 211, 2010

r 56 ................................................ ad No 163, 2000

rep No 211, 2010

r 57 ................................................ ad No 163, 2000

rep No 211, 2010

r 58 ................................................ ad No 186, 2000

rep No 211, 2010

r 59 ................................................ ad No 149, 2001

rep No 211, 2010

r 60 ................................................ ad No 149, 2001

rep No 211, 2010

Part 5

Part 5 ............................................. ad No 370, 2006

r 70 ................................................ ad No 370, 2006

am No 178, 2009; No 90, 2012

rep F2017L01431

r 71 ................................................ ad No 370, 2006

am No 90, 2012

rep F2017L01431

r 71A ............................................. ad No 45, 2007

r 71B.............................................. ad No 45, 2007

r 71C.............................................. ad No 45, 2007

r 71D ............................................. ad No 45, 2007

r 72 ................................................ ad No 370, 2006

rs No 16, 2008

rep F2017L01431

r 73 ................................................ ad No 370, 2006

r 74 ................................................ ad No 370, 2006

rep F2017L01431

r 75 ................................................ ad No 370, 2006

r 76 ................................................ ad No 370, 2006

am No 280, 2010 (as am by No 337, 2010)

Part 6

Part 6 ............................................. ad No 280, 2010

r 77 ................................................ ad No 280, 2010

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

105

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 4—Amendment history

Provision affected How affected

r 78 ................................................ ad No 280, 2010 (as am by No 337, 2010)

r 79 ................................................ ad No 280, 2010

r 81 ................................................ ad No 280, 2010 (as am by No 337, 2010)

am F2017L01431; F2018L00737

r 84 ................................................ ad No 280, 2010 (as am by No 337, 2010)

r 90 ................................................ ad No 280, 2010 (as am by No 337, 2010)

am F2018L00737

r 80 ................................................ ad No 280, 2010

r 80A ............................................. ad No 177, 2013

r 82 ................................................ ad No 280 , 2010

r 83 ................................................ ad No 280, 2010

r 85 ................................................ ad No 280, 2010

r 86 ................................................ ad No 280, 2010

r 87 ................................................ ad No 280, 2010

r 88 ................................................ ad No 280, 2010

r 89 ................................................ ad No 280, 2010

r 89A ............................................. ad F2018L01754

r 89B.............................................. ad F2018L01754

r 89C.............................................. ad F2018L01754

r 91 ................................................ ad No 280, 2010

r 92 ................................................ ad No 280, 2010

r 92A ............................................. ad F2018L01754

r 92B.............................................. ad F2018L01691

Part 7

Part 7 ............................................. ad No 280, 2010

r 93 ................................................ ad No 280, 2010 (as am by No 337, 2010)

r 94 ................................................ ad No 280, 2010 (as am by No 337, 2010)

r 95 ................................................ ad No 225, 2011

Part 8

Part 8 ............................................. ad F2017L01431

Division 1

r 96 ................................................ ad F2017L01431

r 97 ................................................ ad F2017L01431

Division 2

Division 2 ...................................... ad F2018L00737

r 98 ................................................ ad F2018L00737

r 99 ................................................ ad F2018L00737

Schedule 1

Schedule heading........................... rep No 248, 1995

Schedule 1 heading........................ ad No 248, 1995

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

106

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 4—Amendment history

Provision affected How affected

Schedule ........................................ rs No 1, 1979

am No 68, 1982

Schedule 1 ..................................... am No 248, 1995; No 330, 1995; No 20, 1996; 1997 No 53, No 322, 1997

Forms 1–10.................................... No 170, 1974

rep No 1, 1979

Part 1

Part 1 heading................................ ad No 370, 2006

Form AA ....................................... ad No 20, 1996

am No 280, 2010 (as am by No 337, 2010); F2017L01431

Part 2 heading................................ ad No 370, 2006

rep F2017L01431

Part 2 ............................................. rep F2017L01431

Form A .......................................... ad No 1, 1979

am No 248, 1995; No 330, 1995; No 53, 1997

rs No 370, 2006

am No 178, 2009; No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Form B .......................................... ad No 1, 1979

am No 330, 1995

rs No 370, 2006

am No 178, 2009; No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Form BA........................................ ad No 90, 2012

am No 37, 2015

rep F2017L01431

Form C .......................................... ad No 1, 1979

am No 248, 1995; No 330, 1995

rs No 370, 2006

am No 280, 2010 (as am by No 337, ); No 37, 2015

rep F2017L01431

Form D .......................................... ad No 1, 1979

am No 248, 1995; No 330, 1995

rs No 53, 1997; No 370, 2006

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Form DA ....................................... ad No 53, 1997

rs No 370, 2006

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Form E........................................... ad No 1, 1979

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

107

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 4—Amendment history

Provision affected How affected

am No 330, 1995

rs No 370, 2006

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Form EA........................................ ad No 248, 1995

am No 330, 1995; No 53, 1997

rs No 370, 2006

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Form F........................................... ad No 1, 1979

am No 248, 1995; No 330, 1995

rep No 370, 2006

Form FA ........................................ ad No 370, 2006

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Form FB ........................................ ad No 370, 2006

am No 280, 2010 (as am by No 337, 2010)

rep F2017L01431

Form FC ........................................ ad No 370, 2006

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Part 3 heading................................ ad No 370, 2006

rep F2017L01431

Part 3 ............................................. rep F2017L01431

Form G .......................................... ad No 1, 1979

am No 68, 1982; No 248, 1995; No 248, 1995; No 330, 1995

rs No 370, 2006

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Form GAA..................................... ad No 90, 2012

am No 37, 2015

rep F2017L01431

Form GA ....................................... ad No 370, 2006

am No 178, 2009; No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Part 4

Part 4 heading................................ ad No 370, 2006

Form H .......................................... ad No 1, 1979

am No 330, 1995; No 280, 2010 (as am by No 337, 2010)

Form I............................................ ad No 1, 1979

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

108

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 4—Amendment history

Provision affected How affected

Form J............................................

Form JA.........................................

Form JAA......................................

Form JB.........................................

Form JBA ......................................

Form JC.........................................

Form JD.........................................

Form JE .........................................

Form K ..........................................

Form L...........................................

Form LA........................................

Form M..........................................

Part 5 heading................................

Part 5 .............................................

Form N ..........................................

Form O ..........................................

am No 330, 1995; No 20, 1996; No 280, 2010 (as am by No 337, 2010); No 37, 2015;

F2017L01431

ad No 1, 1979

am No 248, 1995; No 330, 1995; No 20, 1996; No 370, 2006; No 280, 2010 (as am by

No 337, 2010); No 37, 2015

rs F2017L01431

ad No 20, 1996

am No 280, 2010 (as am by No 337, 2010); No 37, 2015; F2017L01431

ad No 322, 1997

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

ad No 20, 1996

am No 280, 2010 (as am by No 337, 2010); No 37, 2015; F2017L01431

ad F2017L01431

ad No 20, 1996

am No 280, 2010 (as am by No 337, 2010); No 37, 2015; F2017L01431

ad No 322, 1997

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

ad No 322, 1997

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

ad No 1, 1979

am No 330, 1995; No 20, 1996; No 280, 2010 (as am by No 337, 2010);

F2017L01431

ad No 20, 1996

am No 280, 2010 (as am by No 337, 2010); No 37, 2015; F2017L01431

ad No 322, 1997

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

ad No 322, 1997

am No 280, 2010 (as am by No 337, 2010)

rep No 37, 2015

ad No 370, 2006

rep F2017L01431

ad No 370, 2006

am No 45, 2007; No 280, 2010 (as am by No 337, 2010); No 37, 2015

ed C59

rep F2017L01431

ad No 370, 2006

am No 45, 2007; No 211, 2010; No 280, 2010 (as am by No 337, 2010); No 37, 2015

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

109

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 4—Amendment history

Provision affected How affected

rep F2017L01431

Form P........................................... ad No 370, 2006

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Form Q .......................................... ad No 370, 2006

am No 280, 2010 (as am by No 337, 2010 ); No 37, 2015

rep F2017L01431

Form R .......................................... ad No 370, 2006

am No 45, 2007; No 211, 2010; No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Form S........................................... ad No 370, 2006

am No 45, 2007; No 211, 2010; No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Form T........................................... ad No 370, 2006

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Form U .......................................... ad No 370, 2006

am No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Form V .......................................... ad No 370, 2006

am No 45, 2007; No 211, 2010; No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Form W ......................................... ad No 370, 2006

am No 45, 2007; No 280, 2010 (as am by No 337, 2010); No 37, 2015

rep F2017L01431

Schedule 1A

Schedule 1A heading..................... rs No 365, 1998; No 226, 2001

Schedule 1A .................................. ad No 21, 1993

am No 248, 1995; No 365, 1998

rs No 226, 2001

Schedule 1B

Schedule 1B heading ..................... rs No 365, 1998; No 226, 2001; No 45, 2007; F2017L01431

Schedule 1B................................... ad No 21, 1993

am No 248, 1995; No 365, 1998

rs No 226, 2001

am No 370, 2006; No 45, 2007; No 178, 2009; No 90, 2012

rs F2017L01431

Schedule 2

Schedule 2 heading........................ am No 248, 1995

Schedule 2 ..................................... ad No 199, 1989

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

110

Authorised Version F2019C00238 registered 29/03/2019

Endnotes

Endnote 4—Amendment history

Provision affected How affected

rs No 71, 1992

am No 57, 2001

Schedule 3

Schedule 3 heading........................ am No 248, 1995

Schedule 3 ..................................... ad No 199, 1989

Form 1 ........................................... ad No 199 , 1989

am No 280, 2010 (as am by No 337, 2010)

Form 2 ........................................... ad No 199, 1989

am No 280, 2010 (as am by No 337, 2010)

Form 3 ........................................... ad No 199, 1989

am 2010 No 280 (as am by No 337, 2010)

Form 4 ........................................... ad No 199, 1989

am No 280, 2010 (as am by No 337, 2010)

Form 5 ........................................... ad No 199, 1989

am No 280, 2010 (as am by No 337, 2010)

Form 6 ........................................... ad No 199, 1989

am No 280, 2010 (as am by No 337, 2010)

Form 7 ........................................... ad No 199, 1989

am No 280, 2010 (as am by No 337, 2010)

Competition and Consumer Regulations 2010

Compilation No. 68 Compilation date: 26/3/19 Registered: 29/3/19

111

Competition and Consumer Regulations 2010 (consolidated as of March 26, 2019), Australia

Available Materials