Division 2application of the australian consumer law as a law of the commonwealth. In australian competition and consumer commission v pfizer australia pty ltd 2015 fca 1 the accc alleged that pfizers project leap involved a scheme to lock pharmacists into substituting its generic version of the high sales volume anticholesterol drug patentexpired atorvastatin lipitor which took advantage of a substantial degree of market power for a purpose. The competition and consumer act 2010 cca covers the relationships between suppliers, wholesalers, retailers and customers. Listen to pdf accessibility this publication is designed to help small businesses understand their key rights and responsibilities under the competition and consumer act 2010 and the australian consumer. The competition act, 2002 was enacted by the parliament of india and governs indian competition law. The fijian competition and consumer commission fccc has been established under section 7 of the fijian competition and consumer commission act 2010 fccc act 2010. The australian consumer law schedule 2 schedule 2the australian consumer law note. Section 6 the australian consumer law, included a reference to a person not being a corporation. The act is the legislative vehicle for competition law in australia, and seeks to promote competition, fair trading as well as providing protection for consumers. Section 5 of the competition and consumer act 2010 cth, which exempted certain conditions in intellectual property licences from some competition law prohibitions, was repealed on september 2019. Federal competition and consumer protection act kpmg. Competition and consumer law department of commerce. Schedule 2the australian consumer law consumer, building and.
Competition and consumer act 2010 cth in the australian competition tribunal. Competition and consumer act 2010 competition and consumer regulations 2010 application for final registration of a conference agreement regulation 40 this application must be accompanied by a copy of the agreement. Competition and consumer act 2010 schedule 2 table of contents the australian consumer law 1 application of this schedule 2 definitions 3 meaning of consumer 4 misleading representations with respect to future matters 5 when donations are treated as supplies or acquisitions 6 related bodies corporate 7 meaning of manufacturer. Application of part iv to local government bodies 2c. The competition and consumer act 2010 cca covers most areas of the market.
The competition and consumer protection 2010 national. Table of amendments part 1 preliminary ss 16a comc 1 s 1 short title and commencement comc 2 s 2 objectives of the act comc 3 s 3 application of the act comc 4 s 4 interpretation comc 4a s. A guide to competition and consumer law nt consumer affairs. It replaced the archaic the monopolies and restrictive trade practices act, 1969. Jul 23, 2019 part x ten of the competition and consumer act 2010 the act regulates international liner shipping of cargo travelling either to or from australia. Act 712 competition act 2010 an act to promote economic development by promoting and protecting the process of competition, thereby protecting the interests of consumers and to provide for matters connected therewith. An act to make provision about competition and the abuse of a dominant position in the market.
The full text of the australian consumer law acl is set out in schedule 2 of the competition and consumer act 2010 previously known as the trade practices act 1974 tpa. The sharing economy and the competition and consumer act 2010 businesses in the sharing economy, like all businesses, are subject to australias existing competition laws. About this compilation this compilation this is a compilation of the competition and consumer act 2010 that shows the text of the law as amended and in force on 23 february 2017 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. Competition and consumer act 2010 commonwealth legislation dealing with fair trading and consumer protection. Under this legislation, the competition commission of india was established to prevent the activities that have an adverse effect on competition in india. The consumer rights act received royal assent on 26 march 2015. The act also contains consumer protection rulesknown as the australian consumer law aclwhich businesses must. An act to continue the existence of the zambia competition commission and rename it as the competition and consumer protection commission. The australian consumer law is in schedule 2 of this act. Learn what the competition and consumer act 2010 replaces the trade. The sharing economy and the competition and consumer act.
This act may be cited as the competition and consumer protection act, 2010, and shall come into operation on such date as the minister may, by statutory instrument, appoint. Application of act to commonwealth and commonwealth authorities 2b. Competition and consumer act 2010 tobacco control laws. Competition and consumer act 2010 sect 45ad cartel provisions 1 for the purposes of this act, a provision of a contract, arrangement or understanding is a cartel provision if. These guidelines set out the acccs current understanding and. The tla act does not include a supplyacquisition agreement excepting supply. Part x ten of the competition and consumer act 2010 the act regulates international liner shipping of cargo travelling either to or from australia. Competition and consumer act 2010 federal register of legislation. Application of this act part 2 competition and consumer commission division 1 competition and consumer commission 6. Tue dec 20th 2016 the content of the law handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. The tla act provides for a sixmonth period after enactment before the repeal of s 5 operates.
The competition and consumer act 2010 the act formerly known as the trade practices act 1974contains rules against anticompetitive conduct to ensure that there is fair and effective competition within australia. This compilation is affected by a retrospective amendment, please see statute law revision act 2012 act no. The act also sets out consumers rights and responsibilities. Oct 30, 2019 competition and consumer act 2010 cth in the australian competition tribunal. Shoora parliament received the assent of the president ori the 6th october, 2010 and is hereby published for general information. General guidance about the acl and its provisions can be found below and in the australian consumer law. Competition and consumer act 2010 sect 50 prohibition of acquisitions that would result in a substantial lessening of competition 1 a corporation must not directly or indirectly. Competition and consumer act 2010 table of provisions long title part ipreliminary 1. An act to provide for free competition in all spheres. Competition and consumer law the competition and consumer act 2010 cca covers the relationships between suppliers, wholesalers, retailers and customers.
Competition and consumer act 2010 cth in the australian. This act provides rules relative to fair competition on zambia and provides for the protection of consumers. Competition and consumer act 2010 state library of nsw. The competition and consumer act business queensland. Application part ii anticompetitive practices chapter 1 anticompetitive agreement 4. Competition and consumer act 2010 sect 9a terms excluding consumer guarantees from supplies of recreational services 1 a term of a contract for the supply of recreational services to a consumer by a person is not void under section 64 of the australian consumer law only because the term excludes, restricts or modifies, or has the effect of excluding, restricting or modifying. Competition and consumer act 2010 consumer protection notice no. Table of contents schedules 1 and 2 note 1 table of acts act notes table of amendments notes 2 and 3 table a the text of any of those amendments not in force. Australian competition and consumer commission v pfizer. Federal competition and consumer protection act federal competition and consumer protection act the federal competition and consumer protection act was enacted by the national assembly in december 2018, and subsequently signed into law by president muhammadu buhari in january 2019. Re application for authorisation aa439 lodged by australian energy council, clean energy council, smart energy council and energy consumers australia in respect of the new energy tech consumer code.
Its purpose is to promote fair trading and competition, and provide protections to customers. Part vii of the cca gives the accc the power to exempt sharing platforms from various competition laws where the commission is satisfied that doing so. The australian consumer law contained in a schedule to the competition and consumer act 2010 creates a basic set of guarantees for consumers who acquire goods and services from australian suppliers, importers or manufacturers. Competition and consumer act 2010 sect 50 prohibition. Single copies of this act may be obtained from the. Competition and consumer act means the competition and consumer act 2010. About this compilation this compilation this is a compilation of the competition and consumer act 2010 that shows the text of the law as amended and in force on 1 january 2015 the compilation date. Our new office is located at ground floor, employers hub building, 42 gorrie street, suva.
Act 712 competition act 2010 arrangement of sections part i preliminary section 1. The new logo represents a significant transformation and the progress that commission has made over the years. An act of parliament to promote and safeguard competition in the national economy. Application of the criminal code part iithe australian competition and consumer commission 6a. Competition and consumer act 2010 schedule 2 the australian. An act relating to competition, fair trading and consumer protection, and for other purposes. Small business and the competition and consumer act. It doesnt matter whether youre a sole trader working from home or a business with two, 20 or 200 employees. Where the agreement is partly or wholly oral, the application must be accompanied by a written memorandum setting out all the. Competition and consumer act 2010 9 compilation no.
The competition and consumer act 2010 cca formerly the trade practices act 1974 is a national law that governs how all businesses in australia must deal. Prior to 1 january 2011, it was known as the trade practices act 1974 tpa. B 410 2010 w hereas the process of competition encourages efficiency, innovation. Small business and the competition and consumer act accc. Competition and consumer act 2010 sect 45ad cartel. Prior to 1 january 2011, it was known as the trade practices act 1974. This compilation is affected by a retrospective amendment, please see competition and consumer legislation amendment act 2011 act no. The full text of the competition and consumer act may be found at law. Complete the small business selfassessment checklist pdf. Competition and consumer act 2010 cca formerly the. Industry, innovation, science, research and tertiary education. The fijian competition and consumer commission fccc is an independent statutory body established under section 7 of the fijian competition and consumer commission act 2010 that promotes effective competition and informed markets, encourages fair trading, and protects consumers and businesses from restrictive practices, and controls prices of. Competition act 1090 kb act current to 20200402 and last amended on 20191218.
Its purpose is to enhance the welfare of australians by promoting fair trading and competition, and through the provision of consumer protections. The competition and consumer act 2010 cca is an act of the parliament of australia. Amend s 32b patents act dealing with compulsory licenses and the crossreference to the competition and consumer act 2010. Trade practices act 1974 is a national law that governs how all businesses in australia must deal with their competitors, suppliers and customers. Liner shipping is generally defined as shipping services operating on a regular trade route, with predetermined and publicly advertised schedules between advertised ports of call. The competition and consumer act 2010 which replaced the trade practices act 1974 on 1 january 2011 aims to give businesses a fair and competitive operating environment it covers anticompetitive conduct, price fixing, unconscionable conduct and other issues, such as advertising. Competition and consumer act 2010 sect 9a terms excluding.