Note: Provisions in Division 1 were renumbered as part of the Harper Reforms and some provisions were amended. All provisions in this Division have been updated to reflect these changes.
Subdivision A - Introduction
Subdivision B - Offences etc.
Subdivision C - Civil penalty provisions
Subdivision D - Exceptions
This division came into operation on 6 June 2012. It was repealed as a result of the Harper Reforms (effective 6 November 2017).
51ACB Contravention of industry codes
51ACC Purpose and effect of this Division
51ACD Issuing an infringement notice
51ACE Matters to be included in an infringement notice
51ACF Amount of penalty
51ACG Effect of compliance with an infringement notice
51ACH Effect of failure to comply with an infringement notice
51ACI Infringement notice compliance period for infringement notice
51ACJ Withdrawal of an infringement notice
51ADA Commission may issue a public warning notice
51ADB Orders to redress loss or damage suffered by non-parties etc.
51ADC Kinds of orders that may be made to redress loss or damage suffered by non-parties etc.
51ADD Commission may require corporation to provide information
51ADE Extending periods for complying with notices
51ADF Compliance with notices
51ADG False or misleading information etc.
51AE Regulations relating to industry codes
51AEA Concurrent operation of State and Territory laws
55 Object of this Part
55B Payment surcharges must not be excessive
55C Surcharge information notices
55D Extending periods for complying with notices
55E Participant must comply with notice
55F Purpose and effect of this Division
55G Issuing an infringement notice
55H Matters to be included in an infringement notice
55J Amount of penalty
55K Effect of compliance with an infringement notice
55L Effect of failure to comply with an infringement notice
55M Infringement notice compliance period for infringement notice
55N Withdrawal of an infringement notice
Note: this part previously related to consumer protection. It was repealed on 1 January 2011 with the introduction of the Australian Consumer Law (now contained in Schedule 2 of the Act. In 2014 a new Part V was inserted by the Clean Energy Legislation (Carbon Tax Repeal) Bill 2014 ➤dealing with Carbon tax price reduction obligations
60 Simplified outline of this Part
60AA Objects etc.
60B Regulated goods
60C Price exploitation in relation to the carbon tax repeal
60CA Failure to pass on cost savings - 250% penalty
60D Notice to entity that is considered to have engaged in price exploitation in relation to the carbon tax repeal
60E Commission may issue notice to aid prevention of price exploitation in relation to the carbon tax repeal
60F Acquisition of property
60FA Carbon tax removal substantiation notices
60FB Extending periods for complying with carbon tax removal substantiation notices
60FC Compliance with carbon tax removal substantiation notices
Division 2B - Carbon tax removal substantiation statements
60FD Carbon tax removal substantiation statements
60FE Statements for customers
60G Commission may monitor prices in relation to the carbon tax repeal etc.
60H Information gathering powers
60K False or misleading representations about the effect of the carbon tax repeal etc. on prices
60L Issuing an infringement notice
60M Effect of compliance with an infringement notice
60N Effect of failure to comply with an infringement notice
60P Infringement notice compliance period for infringement notice
60Q Withdrawal of an infringement notice
60R Effect of this Division
80A Price exploitation in relation to the carbon tax repeal - orders limiting prices or requiring refunds of money
[This part relates to consumer protection, not competition law]
[This part relates to consumer protection, not competition law]
87ZP Definitions [previously numbered s 87ZD]
Subdivision A - Exclusive dealing and resale price maintenance
Subdivision B - Collective bargaining
Subdivision C - Conferences
Subdivision D - Register of notifications
⚠️ Note: This whole division was repealed and substituted with new provisions as part of the Harper Reforms. It was previously the division associated with 'Merger clearances and authorisations'. The provisions have been updated to reflect this change
95B Exempt supplies
95C Application of Part
95D Crown to be bound
95E Object of this Part
95F Simplified overview of this Part
Subdivision A - Holding of inquiries
95K Period for completing inquiry
95L Notice of holding of inquiry
95M Notice of extension of period for completing inquiry
95N Price restrictions
Subdivision B - Reports on inquiries
95Q Notification of proposed prices after receipt of report
Subdivision C - Procedure at inquiries
95R Public inquiries etc.
95S Taking of evidence on oath or affirmation
95T Failure of witness to attend
95U Refusal to be sworn or to answer question
95V Protection of witnesses
95W Allowances to witnesses
Division 4 - Price notifications
95X Declarations by Minister or Commission
95Y Declarations in relation to State or Territory authorities
95Z Price restrictions
95ZA Later notices modifying a locality notice
95ZB Applicable period in relation to a locality notice
95ZC Register of price notifications
95ZD Delegation by Commission
Division 5 - Price monitoring
95ZE Directions to monitor prices, costs and profits of an industry
95ZF Directions to monitor prices, costs and profits of a business
95ZG Exceptions to price monitoring
Division 6 - Other provisions
95ZH Ministerial directions
95ZI Inquiries by an unincorporated body or a group of 2 or more individuals
95ZJ Withdrawal of notices
95ZK Power to obtain information or documents
95ZL Inspection of documents etc.
95ZM Retention of documents
95ZN Confidential information
95ZP Secrecy: members or staff members of the Commission etc.
95ZQ Secrecy: persons involved in inquiries by bodies other than the Commission
10.01 Objects of Part
10.01A Simplified outline
10.02A Inland terminals
10.03 Designated shipper bodies
10.04 Application of section 46 in relation to conference agreements
10.06 Application of Australian law to outwards conference agreements and withdrawal from agreements
10.07 Minimum levels of shipping services to be specified in conference agreements
10.08 Conference agreements may include only certain restrictive trade practice provisions
10.09 Where may consequences of conference agreements not complying with minimum standards be found?
10.10 Registers and conference agreement files open to public inspection
10.11 What registers are to be kept by the Registrar?
10.12 What conference agreement files are to be kept by the Registrar?
10.13 What register is to be kept by the Commission?
Subdivision A - Exemptions relating to conference agreements
10.14 Exemptions apply only to certain activities
10.15 When do exemptions commence to apply in relation to registered conference agreements?
10.16 Exemptions do not apply to variations of conference agreement unless varying agreement registered
10.17 Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK and 45
10.17A Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK and 45 for freight rate agreements
10.18 Exemption from section 47
10.18A Exemptions from section 47 for freight rate agreements
Subdivision B - Exemptions relating to loyalty agreements
10.19 Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK and 45
10.20 Exemption from section 47
10.21 Exemptions cease to apply in relation to a shipper at the shipper’s option
Subdivision D - Other exemptions 24 10.24 Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK, 45 and 47 in relation to certain negotiations
10.24A Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK, 45 and 47 in relation to stevedoring contracts
Subdivision A - Provisional registration
10.25 Application for provisional registration of conference agreement
10.26 How application is to be made and verified
10.27 Copy of agreement to be filed with application etc.
10.27A Copy of conference agreement to be given to designated peak shipper body
10.28 Decision on application for provisional registration
10.29 Parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement
Subdivision B - Final registration
10.30 Application for final registration of conference agreement
10.31 How application is to be made and verified
10.32 Copy of agreement to be filed with application etc.
10.33 Decision on application for final registration
Subdivision C - Confidentiality requests
10.34 Request for confidentiality
10.35 Abstract to accompany request for confidentiality
10.36 Examination of abstract
10.37 Decision on request for confidentiality
10.38 Application for registration to be returned where request for confidentiality refused etc.
Subdivision D - Miscellaneous
10.39 Application also to be made for registration of varying conference agreements
10.40 Notification of happening of affecting events prior to final registration etc.
10.41 Parties to registered conference agreement to negotiate with certain designated shipper bodies etc.
10.42 Application to be made for registration of varying conference agreements
10.43 Parties to registered conference agreement to notify happening of affecting events etc.
10.44 Powers exercisable by Minister in relation to registered conference agreements etc.
10.45 Circumstances in which Minister may exercise powers in relation to registered conference agreements
10.46 Action to be taken where powers exercised by Minister without first obtaining Commission report
10.47 Investigation and report by Commission on reference by Minister
10.48 Investigation and report by Commission on own initiative or on application by affected person
10.49 Undertakings by parties to registered conference agreement
10.49A Enforcement of undertakings
10.50 Investigations by Commission into market power of ocean carriers
10.51 Determination by Minister of market power of ocean carriers
10.52 Non-conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.
10.53 Non-conference ocean carrier with substantial market power not to hinder Australian flag shipping operators etc.
10.54 Powers exercisable by Minister in relation to obligations of non-conference ocean carriers with substantial market power
10.55 Circumstances in which Minister may exercise powers
10.56 Action to be taken where powers exercised by Minister without first obtaining Commission report
10.57 Investigation and report by Commission on reference by Minister
10.58 Investigation and report by Commission on application by affected person
10.59 Undertakings by ocean carrier
10.60 Enforcement of orders and undertakings
10.61 Powers exercisable by Minister in relation to pricing practices etc.
10.62 Circumstances in which Minister may exercise powers
10.63 Investigation and report by Commission
10.64 Undertakings not to engage in pricing practices
10.65 Enforcement of orders and undertakings
10.66 Determination of normal freight rates for shipping services
10.67 Determination of whether practice contrary to national interest
10.68 Ocean carrier who provides international liner cargo shipping services to have registered agent
10.69 Representation of ocean carrier by registered agent
10.70 Application by ocean carrier for registration of agent
10.71 Registration of agent
10.72 Change of agent etc.
10.72A Exemption orders for inwards conference agreements etc
10.72B Criteria for making exemption order
10.72C Duration of exemption order may be limited
10.72D Conditions of exemption order
10.73 Form of registers and conference agreement files
10.74 Deletion of entries wrongly existing in certain registers
10.75 Deletion of obsolete entries in certain registers
10.76 Correction of clerical errors and other mistakes in certain registers etc.
10.77 Registrar of Liner Shipping
10.78 Appointment of Registrar etc.
10.79 Acting Registrar
10.80 Registrar and staff to be public servants
10.81 Delegation by Minister
10.82 Delegation by Registrar
10.82A Review by Tribunal
10.82B Functions and powers of Tribunal
10.82C Provisions that do not apply in relation to a Tribunal review
10.82D Review by Tribunal
10.82E Functions and powers of Tribunal
10.82F Modifying register after Tribunal review
10.82G Provisions that do not apply in relation to a Tribunal review
10.83 Act not to affect rights under Freedom of Information Act
10.84 Review of decisions of Registrar
10.85 Statement to accompany notices of Registrar
10.87 Notification by Commission of references etc.
10.88 Exclusion of documents etc. from register of Commission investigations
10.89 Disclosure of confidential information
10.91 Application of Part XID and section 155 to investigations under Part
[Sections 130-139G: This part applies to consumer protection rather than competition law provisions]
[Sections 140-140K: Consumer rather than competition provisions]
151AC Extension to external Territories
151AD Continuity of partnerships
151AE Additional operation of Part
151AF Telecommunications market
151AG When a body corporate is related to a partnership
151AH Degree of power in a telecommunications market
151AI Interpretation of Part IV or VII not affected by this Part
Subdivision A - Competition notices
151AKA Part A competition notices
151AL Part B competition notices
151AM Competition notice to be given to carrier or carriage service provider
151AN Evidentiary effect of competition notice
151AO Duration of Part A competition notice
151AOA Variation of competition notice
151AOB Revocation of competition notice
151AQ Commission to act expeditiously
151AQA Stay of proceedings relating to competition notices
151AQB Advisory notices
151AR Register of competition notices
Subdivision B - Exemption orders
151AS Exemption orders
151AT Form of application
151AU Further information
151AV Withdrawal of application
151AW Commission must publicise receipt of applications
151AX Commission may refuse to consider application if it relates to the same conduct as an authorisation application
151AY Commission may refuse to consider application if it relates to the same conduct as a Part VII notification
151AZ Commission may convene conference to discuss application
151BA Commission must grant or reject application
151BB Commission to give opportunity for submissions
151BC Criteria for making exemption order
151BD Notification of decision
151BE Duration of exemption order may be limited
151BF Conditions of exemption order
151BG Revocation of exemption order
151BH Register of exemption orders
Subdivision C - Miscellaneous
151BJ Conduct includes proposed conduct
151BK Tariff filing directions
151BL Specification of goods and services
151BM Notification of reasons
151BN Duration of direction may be limited
151BO Revocation of direction
151BP Variation of direction
151BQ Public access to tariff information
151BR Register of tariff filing directions
151BT Meaning of terms and conditions
151BTA Tariff filing by Telstra
151BU Commission may make record-keeping rules
151BUAB Request for disclosure
151BUA Commission gives access to reports
151BUB Carrier or carriage service provider gives access to reports
151BUC Carrier or carriage service provider gives access to periodic reports
151BUD Exemption of reports from access requirements
151BUDA Commission gives access to Ministerially-directed reports
151BUDB Carrier or carriage service provider gives access to Ministerially-directed reports
151BUDCCarrier or carriage service provider gives access to Ministerially-directed periodic reports
151BUE Access via the internet
151BV Incorrect records
151BW Person involved in a contravention of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction
151BX Pecuniary penalties for breach of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction
151BY Civil action for recovery of pecuniary penalties
151BZ Criminal proceedings not to be brought for contraventions of the competition rule, tariff filing directions, record-keeping rules or disclosure directions
151CB Orders to disclose information or publish an advertisement - breach of the competition rule
151CC Actions for damages—breach of the competition rule
151CD Finding of fact in proceedings to be evidence
151CE Other orders—compensation for breach of the competition rule
151CF Conduct by directors, employees or agents
151CG Disclosure of documents by Commission
151CH Treatment of partnerships
151CI Review by Tribunal
151CJ Functions and powers of Tribunal
151CK Provisions that do not apply in relation to a Tribunal review
151CL Reviews of competitive safeguards within the telecommunications industry
151CM Monitoring of telecommunications charges paid by consumers
151CMA Public reports about competition in the telecommunications industry
151CMB Confidential reports about competition in the telecommunications industry
151CMCExamples of matters that may be specified in a determination under section 151CMA or 151CMB
151CP Operational separation for Telstra
151CQ Voluntary undertakings given by Telstra
151DA Authorised conduct - subsection 51(1)
151DB Listed points of interconnection
152AB Object of this Part
152AD This Part binds the Crown
152AE Extension to external Territories
152AG Access seeker
152AGA Designated superfast telecommunications network
152AH Reasonableness - terms and conditions
152AI When public inquiry commences
152AJ Interpretation of Part IIIA not affected by this Part
152AK Operation of Parts IV and VII not affected by this Part
152AL Declared services
152ALA Duration of declaration
152AM Inquiries about proposals to declare services
152AN Combined inquiries about proposals to declare services
152AO Variation or revocation of declaration
152AQ Register of declared services
152AQCCompensation for acquisition of property
152AR Standard access obligations
152ARB Layer 2 bitstream services-carriers and carriage service providers to carry on related activities on a non-discriminatory basis
152ARA Layer 2 bitstream services to be supplied on a non-discriminatory basis
152ASA Anticipatory class exemptions from standard access obligations
152ATA Anticipatory individual exemptions from standard access obligations
152AU Individual exemptions - request for further information
152AXA Statement of reasons for decision - specification of documents
152AY Compliance with standard access obligations
152AYAAncillary obligations - confidential information
152AZ Carrier licence condition
152BA Service provider rule
152BB Judicial enforcement of standard access obligations
152BBAA Judicial enforcement of conditions and limitations of exemption determinations and orders
152BBA Commission may give directions in relation to negotiations
152BBB Enforcement of directions
152BBC Commission’s role in negotiations
152BBD Reaching agreement on terms and conditions of access
Subdivision A - Commission may make access determinations
152BC Access determinations
152BCA Matters that the Commission must take into account
152BCB Restrictions on access determinations
152BCC Access agreements prevail over inconsistent access determinations
152BCCA Final migration plan prevails over inconsistent access determinations
152BCD Fixed principles provisions
152BCE Access determinations may be set out in the same document
152BCF Duration of access determination
152BCG Interim access determinations
152BCGA Stay of access determinations
Subdivision B - Public inquiries about proposals to make access determinations
152BCH Access determination to be made after public inquiry
152BCI When public inquiry must be held
152BCJ Combined inquiries about proposals to make access determinations
152BCK Time limit for making an access determination
Subdivision C - Variation or revocation of access determinations
152BCN Variation or revocation of access determinations
Subdivision D - Compliance with access determinations
152BCO Carrier licence condition
152BCP Service provider rule
Subdivision E - Private enforcement of access determinations
152BCQ Private enforcement of access determinations
152BCR Consent injunctions
152BCS Interim injunctions
152BCT Factors relevant to granting a restraining injunction
152BCU Factors relevant to granting a mandatory injunction
152BCV Discharge or variation of injunction or other order
Subdivision F - Register of Access Determinations
152BCW Register of Access Determinations
Subdivision A - Commission may make binding rules of conduct
152BD Binding rules of conduct
152BDAAMatters that the Commission must take into account
152BDA Restrictions on binding rules of conduct
152BDB Access agreements prevail over inconsistent binding rules of conduct
152BDC Duration of binding rules of conduct
152BDCA Final migration plan prevails over inconsistent binding rules of conduct
152BDD Commission must give copy of binding rules of conduct to carrier etc.
152BDE Access determinations that are inconsistent with binding rules of conduct
152BDEA Stay of binding rules of conduct
Subdivision B - Compliance with binding rules of conduct
152BDF Carrier licence condition
152BDG Service provider rule
Subdivision C - Private enforcement of binding rules of conduct
152BDH Private enforcement of binding rules of conduct
152BDI Consent injunctions
152BDJ Interim injunctions
152BDK Factors relevant to granting a restraining injunction
152BDL Factors relevant to granting a mandatory injunction
152BDM Discharge or variation of injunction or other order
Subdivision D - Register of Binding Rules of Conduct
152BDN Register of Binding Rules of Conduct
152BE Access agreements
152BEA Lodgment of access agreements with the Commission
152BEB Notification of termination of access agreement
152BEBA NBN corporation to give the Commission a statement about the differences between an access agreement and a standard form of access agreement
152BEBB NBN corporation to give the Commission a statement about the differences between an access agreement and a special access undertaking
152BEBC NBN corporation to give the Commission a statement about the differences between an access agreement and an access determination
152BEBD Register of NBN Access Agreement Statements
152BEBE Layer 2 bitstream services-carrier or carriage service provider to give the Commission a statement about the differences between an access agreement and a special access undertaking
152BEBF Layer 2 bitstream services-carrier or carriage service provider to give the Commission a statement about the differences between an access agreement and an access determination
152BEBG Register of Layer 2 Bitstream Access Agreement Statements
152BEC Carrier licence condition
152BED Service provider rule
Subdivision B - Special access undertakings
152CBA What is a special access undertaking?
152CBAA Fixed principles terms and conditions
152CBB Further information about undertaking
152CBC Commission to accept or reject access undertaking
152CBCA Serial undertakings
152CBD Criteria for accepting access undertaking
152CBDA Variation of special access undertaking
152CBE Extension of access undertaking
152CBF Duration of access undertaking
152CBG Variation of access undertakings
152CBH Further information about variation of access undertaking
152CBI Voluntary withdrawal of undertaking
152CBIA Special access undertakings prevail over inconsistent access determinations
152CBIB Special access undertakings prevail over inconsistent binding rules of conduct
152CBIC Access agreements prevail over special access undertakings
152CBJ Proposed service
Subdivision C - General provisions
152CC Register of access undertakings
152CD Enforcement of access undertakings
152CDA Deferral of consideration of an access undertaking etc.
152CH Ministerial pricing determinations
152CI Undertakings, access determinations and binding rules of conduct that are inconsistent with Ministerial pricing determinations
152CJ Register of Ministerial pricing determinations
152CJA Supply of services by NBN corporations
152CJB Mandatory NBN services
152CJC Carrier licence condition
152CJD Service provider rule
152CJE Judicial enforcement of obligations
152CJF Standard form of access agreement
152CJG When NBN corporation is not capable of supplying a carriage service
152CJH Explanatory material relating to anti‑discrimination provisions
152CK Relationship between this Part and Part IIIA
152EF Prohibition on hindering the fulfilment of a standard access obligation etc.
152EG Enforcement of prohibition on hindering the fulfilment of a standard access obligation etc.
152EH Consent injunctions
152EI Interim injunctions
152EJ Factors relevant to granting a restraining injunction
152EK Factors relevant to granting a mandatory injunction
152EL Discharge or variation of injunction or other order
152ELA Procedural Rules
152ELB Public consultation
152ELC Plan for the development of Procedural Rules
152ELD Compensation for acquisition of property
152EM Continuity of partnerships
152EN Treatment of partnerships
152EO Conduct by directors, servants or agents
152EP Regulations about fees for inspection etc. of registers
152EQ Operational separation for Telstra
152ER Voluntary undertakings given by Telstra