the Commonwealth, in so far as it carries on a business otherwise than by an authority of the Commonwealth; and

each authority of the Commonwealth (whether or not acting as an agent of the Crown in right of the Commonwealth) in so far as it carries on a business;

were a corporation.

Part IV;

Part IVBA;

Part V;

Part XIB;

Part XICA;

the other provisions of this Act so far as they relate to the above provisions;

the acquisitions provisions.

imposing or collecting:

taxes; or

levies; or

fees for licences;

granting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions);

a transaction involving:

only persons who are all acting for the Crown in the same right (and none of whom is an authority of the Commonwealth or an authority of a State or Territory); or

only persons who are all acting for the same authority of the Commonwealth; or

only persons who are all acting for the same authority of a State or Territory; or

only the Crown in right of the Commonwealth and one or more non-commercial authorities of the Commonwealth; or

only the Crown in right of a State or Territory and one or more non-commercial authorities of that State or Territory; or

only non-commercial authorities of the Commonwealth; or

only non-commercial authorities of the same State or Territory; or

only persons who are all acting for the same local government body (within the meaning of section 2BA) or for the same incorporated company in which such a body has a controlling interest;

the acquisition of primary products by a government body under legislation, unless the acquisition occurs because:

the body chooses to acquire the products; or

the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.

agricultural or horticultural produce; or

crops, whether on or attached to the land or not; or

animals (whether dead or alive); or

the bodily produce (including natural increase) of animals.

it is constituted by only one person; and

it is neither a trading corporation nor a financial corporation.

if a person holds an appointment under subsection 56CK(1)—that person; or

otherwise—the Commission.

accredited action initiator has the meaning given by section 56AMC.

accredited data recipient has the meaning given by section 56AK.

accredited person means a person who holds an accreditation under subsection 56CA(1).

ACMA means the Australian Communications and Media Authority.

acquire includes:

in relation to goods—acquire by way of purchase, exchange or taking on lease, on hire or on hire-purchase; and

in relation to services—accept.

acquisition determination, in respect of a notification of an acquisition, means:

a determination made under subsection 51ABZE(1) in respect of the notification; or

a determination made under subsection 51ABZW(1) in respect of a public benefit application relating to the notification.

acquisitions provision means any of the following provisions: a provision of Division 1A of Part IV; a provision of Part IVA; a provision of Division 1B of Part IX; another provision of this Act, to the extent that it relates to a provision covered by paragraph (a), (b) or (c).

a provision of Division 1A of Part IV;

a provision of Part IVA;

a provision of Division 1B of Part IX;

another provision of this Act, to the extent that it relates to a provision covered by paragraph (a), (b) or (c).

acquisitions register means the register kept by the Commission under subsection 51ABZZH(1).

actionable scam intelligence has the meaning given by section 58AI.

action service provider has the meaning given by subsection 56AMB(1).

adjusted turnover, of a body corporate during a period, means the sum of the values of all the supplies that the body corporate, and any body corporate related to the body corporate, have made, or are likely to make, during the period, other than:

supplies made from any of those bodies corporate to any other of those bodies corporate; or

supplies that are input taxed; or

(c) supplies that are not for consideration (and are not taxable supplies under A New Tax System (Goods and Services Tax) Act 1999); orsection 72-5 of the

supplies that are not made in connection with an enterprise that the body corporate carries on; or

supplies that are not connected with the indirect tax zone.

Expressions used in this definition that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act.

AEMC or Australian Energy Market Commission means the body established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.

AER or Australian Energy Regulator means the body established by section 44AE.

AER Chair means the Chair of the AER.

AER member means a member of the AER.

arrive at, in relation to an understanding, includes reach or enter into.

ASIC means the Australian Securities and Investments Commission.

associate, of an SPF consumer, means an associate (within the meaning of section 318 of the Income Tax Assessment Act 1936) of the SPF consumer who is:

a natural person who is in Australia or is ordinarily resident in Australia; or

a person who carries on a business having a principal place of business in Australia;

Australian Consumer Law means Schedule 2 as applied under Subdivision A of Division 2 of Part XI.

Australian law has the same meaning as in the Privacy Act 1988.

Australian repairer: see section 57BB.

authorisation means an authorisation under Division 1 of Part VII granted by the Commission or by the Tribunal on a review of a determination of the Commission.

authority, in relation to a State or Territory, and each external Territory, means:

a body corporate established for a purpose of the State or the Territory by or under a law of the State or Territory; or

an incorporated company in which the State or the Territory, or a body corporate referred to in paragraph (a), has a controlling interest.

authority of the Commonwealth means:

a body corporate established for a purpose of the Commonwealth by or under a law of the Commonwealth or a law of a Territory; or

an incorporated company in which the Commonwealth, or a body corporate referred to in paragraph (a), has a controlling interest.

banker includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959.

binding data standard has the meaning given by subsection 56FA(3).

breach turnover period, of a body corporate, for an offence, a contravention, or an act or omission, means the longer of the following periods:

the period of 12 months ending at the end of the month in which:

for an offence—the body corporate ceased committing the offence, or was charged with the offence (whichever is earlier); or

for a contravention—the contravention ceased, or proceedings in relation to the contravention were instituted (whichever is earlier); or

for an act or omission—the act or omission ceased, or proceedings in relation to the act or omission were instituted (whichever is earlier);

the period ending at the same time as the period determined under paragraph (a) and starting:

for an offence—at the beginning of the month in which the body corporate committed, or began committing, the offence (as the case requires); or

for a contravention—at the beginning of the month in which the contravention occurred or began occurring (as the case requires); or

for an act or omission—at the beginning of the month in which the act or omission occurred or began occurring (as the case requires).

business includes a business not carried on for profit.

business day: in Part IVA, business day has the meaning given by section 51ABK.

cartel provision has the meaning given by section 45AD.

CDR Accreditor means:

if a person holds an appointment under subsection 56CG(1)—that person; or

otherwise—the Commission.

CDR action has the meaning given by subsection 56AMA(1).

CDR action participant has the meaning given by section 56AMD.

CDR consumer has the meaning given by subsection 56AI(3) or (3A).

CDR data has the meaning given by subsection 56AI(1).

CDR declaration has the meaning given by subsection 56AMA(2).

CDR participant has the meaning given by subsection 56AL(1).

CDR provisions has the meaning given by section 56AN.

Chairperson means the Chairperson of the Commission.

Chapter 6 entity has the meaning given by subsection 51ABJ(1).

chargeable CDR data has the meaning given by subsection 56AM(1).

chargeable circumstances:

in relation to the disclosure of chargeable CDR data—has the meaning given by subsection 56AM(2); or

in relation to the use of chargeable CDR data—has the meaning given by subsection 56AM(3).

civil penalty provision of a gas market instrument means a provision of a gas market instrument that is a civil penalty provision (within the meaning of the Regulatory Powers Act).

civil penalty provision of an SPF code means:

a provision of an SPF code (see Division 3 of Part IVF) that is a civil penalty provision (within the meaning of the Regulatory Powers Act); or

subsection 58FZM(3) in relation to compliance with a direction given under subsection 58FZM(2).

civil penalty provision of an SPF principle means:

a provision of Division 2 of Part IVF (about the Scams Prevention Framework) that is a civil penalty provision (within the meaning of the Regulatory Powers Act); or

subsection 58FZM(3) in relation to compliance with a direction given under subsection 58FZM(1).

civil penalty provision of the consumer data rules means a provision of the consumer data rules that is a civil penalty provision (within the meaning of the Regulatory Powers Act).

collective boycott conduct means conduct that has a purpose referred to in subsection 45AD(3) in relation to a contract, arrangement or understanding.

collects: a person collects information only if the person collects the information for inclusion in:

(a) a record (within the meaning of the Privacy Act 1988); or

a generally available publication (within the meaning of that Act).

Commission means the Australian Competition and Consumer Commission established by section 6A, and includes a member of the Commission or a Division of the Commission performing functions of the Commission.

Commonwealth AER member means an AER member referred to in section 44AM.

competition includes:

competition from goods that are, or are capable of being, imported into Australia; and

competition from services that are rendered, or are capable of being rendered, in Australia by persons not resident or not carrying on business in Australia.

Competition Principles Agreement means the Competition Principles Agreement made on 11 April 1995 between the Commonwealth, New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, being that agreement as in force from time to time.

Conduct Code Agreement means the Conduct Code Agreement made on 11 April 1995 between the Commonwealth, New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory, being that agreement as in force from time to time.

consumer data rules means rules in force under section 56BA.

contract includes a covenant.

corporation means a body corporate that: is a foreign corporation; is a trading corporation formed within the limits of Australia or is a financial corporation so formed; is incorporated in a Territory; or is the holding company of a body corporate of a kind referred to in paragraph (a), (b) or (c).

is a foreign corporation;

is a trading corporation formed within the limits of Australia or is a financial corporation so formed;

is incorporated in a Territory; or

is the holding company of a body corporate of a kind referred to in paragraph (a), (b) or (c).

Council means the National Competition Council established by section 29A.

Councillor means a member of the Council, including the Council President.

Council President means the Council President referred to in subsection 29C(1).

court/tribunal order has the same meaning as in the Privacy Act 1988.

covenant means a covenant (including a promise not under seal) annexed to or running with an estate or interest in land (whether at law or in equity and whether or not for the benefit of other land), and proposed covenant has a corresponding meaning.

data holder has the meaning given by subsection 56AJ(1).

data provider: see section 57BE.

data standard means a data standard made under section 56FA.

Data Standards Body means the body holding an appointment under subsection 56FJ(1).

Data Standards Chair means:

if a person holds an appointment under section 56FG—that person; or

otherwise—the Minister.

debenture includes debenture stock, bonds, notes and any other document evidencing or acknowledging indebtedness of a body corporate, whether constituting a charge on property of the body corporate or not.

de-identified: information is de-identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.

Deputy Chairperson means a Deputy Chairperson of the Commission.

Deputy President means a Deputy President of the Tribunal, and includes a person appointed to act as a Deputy President of the Tribunal.

Deputy Registrar means a Deputy Registrar of the Tribunal.

designated Commonwealth energy law means:

(a) the National Electricity (Commonwealth) Law and Regulations (as defined by the Australian Energy Market Act 2004); or

(b) the National Gas (Commonwealth) Law and Regulations (as defined by the Australian Energy Market Act 2004); or

(c) the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations (as defined by the Australian Energy Market Act 2004); or

(d) the National Energy Retail Law and Regulations (Commonwealth) (as defined by the Australian Energy Market Act 2004).

designated complaint: see section 154ZF.

designated gateway has the meaning given by subsection 56AL(2).

designated sector has the meaning given by subsection 56AC(1).

designated Telstra successor company: see section 581G of the Telecommunications Act 1997.

determination period:

for a notification of an acquisition—has the meaning given by subsection 51ABZI(3); and

for a public benefit application—has the meaning given by subsection 51ABZZ(2).

directly or indirectly derived has the meaning given by subsection 56AI(2).

document means any record of information, and includes: anything on which there is writing; and anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and a map, plan, drawing or photograph.

anything on which there is writing; and

anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and

anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and

a map, plan, drawing or photograph.

dual listed company arrangement has the same meaning as in section 125-60 of the Income Tax Assessment Act 1997.

earliest holding day has the meaning given by paragraph 56AC(2)(c).

effective application date, of a public benefit application, has the meaning given by subsection 51ABZP(6), paragraph 51ABZR(1)(a), subsection 51ABZS(5) and paragraph 51ABZT(2)(a).

effective notification date, of a notification of an acquisition, has the meaning given by subsection 51ABW(4), paragraph 51ABZ(1)(a), subsection 51ABZA(5) and subparagraph 51ABZB(2)(a)(i).

electronic communication means a communication of information by means of guided and/or unguided electromagnetic energy: whether in the form of text; or whether in the form of data; or whether in the form of speech, music or other sounds; or whether in the form of visual images (animated or otherwise); or whether in any other form; or whether in any combination of forms. external Territory: means a Territory referred to in section 122 of the Constitution, where an Act makes provision for the government of the Territory as a Territory; but (b) does not include a Territory covered by the definition of Territory in this subsection.

whether in the form of text; or

whether in the form of data; or

whether in the form of speech, music or other sounds; or

whether in the form of visual images (animated or otherwise); or

whether in any other form; or

whether in any combination of forms.

external Territory:

means a Territory referred to in section 122 of the Constitution, where an Act makes provision for the government of the Territory as a Territory; but

(b) does not include a Territory covered by the definition of Territory in this subsection.

fee-free CDR data has the meaning given by subsection 56AM(4).

finally considered, in relation to a notification of an acquisition, has the meaning given by subsection 51ABF(1).

financial corporation means a financial corporation within the meaning of paragraph 51(xx) of the Constitution and includes a body corporate that carries on as its sole or principal business the business of banking (other than State banking not extending beyond the limits of the State concerned) or insurance (other than State insurance not extending beyond the limits of the State concerned).

fit and proper person, in relation to accessing and using safety and security information: see section 57DB.

foreign corporation means a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and includes a body corporate that is incorporated in an external Territory.

fully-participating jurisdiction means a State or Territory that: is a participating jurisdiction as defined in section 150A; and is not named in a notice in operation under section 150K.

is a participating jurisdiction as defined in section 150A; and

is not named in a notice in operation under section 150K.

gas market code means regulations made for the purposes of section 53L.

gas market emergency price order means an order in force under section 53M.

gas market instrument means:

a gas market code; or

a gas market emergency price order.

gas market provision means any of the following provisions: a provision of Part IVBB; a provision of the regulations made for the purposes of a provision of Part IVBB (including a gas market code); a provision of a gas market emergency price order; another provision of this Act to the extent that it relates to a provision covered by paragraph (a), (b) or (c). give effect to, in relation to a provision of a contract, arrangement or understanding, includes do an act or thing in pursuance of or in accordance with or enforce or purport to enforce. goods includes: ships, aircraft and other vehicles; animals, including fish; minerals, trees and crops, whether on, under or attached to land or not; and gas and electricity. goodwill protection provision: a provision of a contract is a goodwill protection provision of the contract if: the contract is for the sale of a business or of shares in the capital of a body corporate carrying on a business; and the provision is solely for the protection of the purchaser in respect of the goodwill of the business. holds: a person holds information if the person has possession or control of a record (within the meaning of the Privacy Act 1988) that contains the information. infringement notice compliance period for an SPF infringement notice: see section 58FT. initiating party: see section 57EB. inspector, of an SPF regulator, has the meaning given by section 58FB.

a provision of Part IVBB;

a provision of the regulations made for the purposes of a provision of Part IVBB (including a gas market code);

a provision of a gas market emergency price order;

another provision of this Act to the extent that it relates to a provision covered by paragraph (a), (b) or (c).

give effect to, in relation to a provision of a contract, arrangement or understanding, includes do an act or thing in pursuance of or in accordance with or enforce or purport to enforce.

goods includes:

ships, aircraft and other vehicles;

animals, including fish;

minerals, trees and crops, whether on, under or attached to land or not; and

gas and electricity.

goodwill protection provision: a provision of a contract is a goodwill protection provision of the contract if:

the contract is for the sale of a business or of shares in the capital of a body corporate carrying on a business; and

the provision is solely for the protection of the purchaser in respect of the goodwill of the business.

holds: a person holds information if the person has possession or control of a record (within the meaning of the Privacy Act 1988) that contains the information.

infringement notice compliance period for an SPF infringement notice: see section 58FT.

initiating party: see section 57EB.

inspector, of an SPF regulator, has the meaning given by section 58FB.

involved, in a contravention of a civil penalty provision of an SPF principle or of a civil penalty provision of an SPF code, means:

aiding, abetting, counselling or procuring a contravention of the provision; or

inducing, whether by threats or promises or otherwise, such a contravention; or

being in any way, directly or indirectly, knowingly concerned in, or party to, such a contravention; or

conspiring with others to effect such a contravention.

judicial power means the judicial power of the Commonwealth referred to in section 71 of the Constitution.

local energy instrument means a regulation, rule, order, declaration or other instrument if: the instrument is made or has effect under a law of a State or Territory; and the law of the State or Territory applies a uniform energy law as a law of its own jurisdiction.

the instrument is made or has effect under a law of a State or Territory; and

the law of the State or Territory applies a uniform energy law as a law of its own jurisdiction.

member of the Commission includes the Chairperson and a person appointed to act as a member of the Commission but does not include an associate member of the Commission.

member of the Tribunal includes the President and a person appointed to act as a member of the Tribunal.

merger authorisation means an authorisation that: is an authorisation for a person to engage in conduct to which section 50 or 50A would or might apply; but is not an authorisation for a person to engage in conduct to which any provision of Division 1 or 2 of Part IV other than section 50 or 50A would or might apply.

is an authorisation for a person to engage in conduct to which section 50 or 50A would or might apply; but

is not an authorisation for a person to engage in conduct to which any provision of Division 1 or 2 of Part IV other than section 50 or 50A would or might apply.

New Zealand Commerce Commission means the Commission established by section 8 of the Commerce Act 1986 of New Zealand.

New Zealand Crown corporation means a body corporate that is an instrument of the Crown in respect of the Government of New Zealand.

no longer subject to review, in relation to an acquisition determination, has the meaning given by subsection 51ABF(2).

notice of competition concerns has the meaning given by subsection 51ABZK(1).

notification, of an acquisition, means a notification of the acquisition that is made to the Commission in accordance with subsection 51ABX(1).

notification waiver application has the meaning given by subsection 51ABU(5).

notified acquisition has the meaning given by subsection 51ABW(2).

notifying party, of a notification of an acquisition, has the meaning given by subsection 51ABW(3).

organisation of employees means an organisation that exists or is carried on for the purpose, or for purposes that include the purpose, of furthering the interests of its members in relation to their employment.

overseas merger authorisation means a merger authorisation that is not an authorisation for a person to engage in conduct to which section 50 would or might apply.

participant, in proceedings for review under Division 1B of Part IX, does not include the Commission.

party:

to an acquisition—has the meaning given by subsections 51ABI(1) and (2); and

to a contract that is a covenant—includes a person bound by, or entitled to the benefit of, the covenant.

personal information has the same meaning as in the Privacy Act 1988.

personal injury includes:

pre-natal injury; or

impairment of a person’s physical or mental condition; or

disease;

but does not include an impairment of a person’s mental condition unless the impairment consists of a recognised psychiatric illness.

phase 1 determination period, for a notification of an acquisition, has the meaning given by subsection 51ABZI(4).

phase 2 determination period, for a notification of an acquisition, has the meaning given by subsection 51ABZI(5).

practice of exclusive dealing means the practice of exclusive dealing referred to in subsection 47(2), (3), (4), (5), (6), (7), (8) or (9).

practice of resale price maintenance means the practice of resale price maintenance referred to in Part VIII.

prescribed safety and security criteria: see section 57DB.

President means the President of the Tribunal and includes a person appointed to act as President of the Tribunal.

presidential member or presidential member of the Tribunal means the President or a Deputy President.

price includes a charge of any description.

principal party, to an acquisition, has the meaning given by paragraph 51ABI(1)(a) and subsection 51ABI(2).

privacy safeguard penalty provision has the meaning given by subsection 56EU(1).

privacy safeguards means the provisions in Subdivisions B to F of Division 5 of Part IVD (about the consumer data right).

provision means any matter forming part of the understanding.

public benefit application has the meaning given by subsection 51ABZP(5).

public benefit assessment has the meaning given by subsection 51ABZZA(1).

purportedly puts into effect, in relation to an acquisition, has the meaning given by subsection 45AV(2).

reasonable steps, for the purposes of Division 2 of Part IVF (about overarching principles of the Scams Prevention Framework), has a meaning affected by section 58BB.

registered charity means an entity that is registered under the Australian Charities and Not-for-profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25-5(5) of that Act.

registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011.

Registrar means the Registrar of the Tribunal.

regulated entity has the meaning given by section 58AD.

regulated sector has the meaning given by subsection 58AC(1).

regulated service has the meaning given by section 58AD.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

require means require or demand the giving of a covenant, whether by way of making a contract containing the covenant or otherwise, and whether or not a covenant is given in pursuance of the requirement or demand.

required to be notified, in relation to an acquisition, has the meaning given by sections 51ABO and 51ABS and subsections 51ABT(1) and 51ABV(6).

responding party: see section 57EB.

RTO course: see section 57BC.

safety and security information: see section 57BF.

safety information: see section 57BF.

scam has the meaning given by section 58AG.

scheme adviser means the motor vehicle service and repair information scheme adviser appointed under section 57FA.

scheme information: see section 57BD.

scheme offer: see section 57CA.

scheme price, for scheme information: see section 57CA.

scheme RTO: see section 57BC.

scheme rules means rules made by the Minister under section 57GE.

scheme vehicle: see section 57BA.

security information: see section 57BF.

send includes deliver, and sent and sender have corresponding meanings.

senior officer, of a regulated entity, means:

(a) an officer (within the meaning of the Corporations Act 2001) of the entity; or

a senior manager (within the meaning of that Act) of the entity.

sensitive information has the same meaning as in the Privacy Act 1988.

services includes any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities that are, or are to be, provided, granted or conferred in trade or commerce, and without limiting the generality of the foregoing, includes the rights, benefits, privileges or facilities that are, or are to be, provided, granted or conferred under: a contract for or in relation to: the performance of work (including work of a professional nature), whether with or without the supply of goods; the provision of, or the use or enjoyment of facilities for, amusement, entertainment, recreation or instruction; or the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction; a contract of insurance; a contract between a banker and a customer of the banker entered into in the course of the carrying on by the banker of the business of banking; or any contract for or in relation to the lending of moneys; but does not include rights or benefits being the supply of goods or the performance of work under a contract of service.

a contract for or in relation to:

the performance of work (including work of a professional nature), whether with or without the supply of goods;

the provision of, or the use or enjoyment of facilities for, amusement, entertainment, recreation or instruction; or

the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction;

a contract of insurance;

a contract between a banker and a customer of the banker entered into in the course of the carrying on by the banker of the business of banking; or

any contract for or in relation to the lending of moneys;

but does not include rights or benefits being the supply of goods or the performance of work under a contract of service.

share includes stock.

South Australian Electricity Legislation means:

(a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time; and

any regulations, as in force from time to time, made under Part 4 of that Act.

The reference in paragraph (a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.

South Australian Energy Retail Legislation means:

(a) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time; and

any regulations, as amended from time to time, made under Part 11 of the National Energy Retail Law.

The reference in paragraph (a) to the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, includes a reference to any Rules or other instruments, as amended from time to time, made or having effect under that Law.

South Australian Gas Legislation means:

(a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time; and

any regulations, as in force from time to time, made under Part 3 of that Act.

The reference in paragraph (a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.

SPF civil penalty order means a civil penalty order under Part 4 of Regulatory Powers Act (as that Part applies because of section 58FJ of this Act).

SPF code has the meaning given by section 58CB.

SPF consumer has the meaning given by section 58AH.

SPF EDR scheme, for a regulated sector, means an external dispute resolution scheme authorised under subsection 58DB(1) for the sector.

SPF general regulator has the meaning given by section 58EB.

SPF governance policies, procedures, metrics and targets, for a regulated entity for a regulated sector, means the entity’s:

policies and procedures required under paragraph 58BD(1)(a) for the sector; and

performance metrics and targets required under paragraph 58BD(1)(c) for those policies and procedures.

SPF infringement notice means an infringement notice issued under subsection 58FO(1) or (2).

SPF personal information means:

personal information; or

information relating to a person that may be used (whether alone or in conjunction with other information) to access:

a service or an account; or

funds, credit or other financial benefits.

SPF principles means the provisions in Subdivisions B to G of Division 2 of Part IVF (about the Scams Prevention Framework).

SPF provisions has the meaning given by section 58AJ.

SPF regulator means:

the SPF general regulator; or

the SPF sector regulator for a regulated sector.

SPF rules means rules made under section 58GE.

SPF sector regulator has the meaning given by section 58ED.

stale, in relation to a notification of an acquisition, has the meaning given by section 51ABG.

State/Territory AER member means an AER member referred to in section 44AP.

State/Territory energy law means any of the following laws: a uniform energy law that applies as a law of a State or Territory; a law of a State or Territory that applies a law mentioned in paragraph (a) as a law of its own jurisdiction; any other provisions of a law of a State or Territory that: relate to energy; and are prescribed by the regulations for the purposes of this paragraph; being those provisions as in force from time to time. stayed, in relation to an acquisition, has the meaning given by section 51ABE and subsections 51ABZZM(2) and (3). subject to a condition: for when putting a notified acquisition into effect is subject to a condition, see section 51ABH.

a uniform energy law that applies as a law of a State or Territory;

a law of a State or Territory that applies a law mentioned in paragraph (a) as a law of its own jurisdiction;

any other provisions of a law of a State or Territory that:

relate to energy; and

are prescribed by the regulations for the purposes of this paragraph;

being those provisions as in force from time to time.

stayed, in relation to an acquisition, has the meaning given by section 51ABE and subsections 51ABZZM(2) and (3).

subject to a condition: for when putting a notified acquisition into effect is subject to a condition, see section 51ABH.

subject to phase 2 review has the meaning given by paragraph 51ABZJ(2)(a).

supply, when used as a verb, includes:

in relation to goods—supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase; and

in relation to services—provide, grant or confer;

and, when used as a noun, has a corresponding meaning, and supplied and supplier have corresponding meanings.

takeover acquisition, in relation to a takeover bid, means:

an acquisition that results from the acceptance of an offer under the bid; or

(b) an acquisition, by or on behalf of the bidder (within the meaning of the Corporations Act 2001), of securities in the bid class (within the meaning of that Act), that:

results from an on-market transaction (within the meaning of that Act); and

occurs during the bid period.

takeover bid has the same meaning as in the Corporations Act 2001.

target, of an acquisition, has the meaning given by subsection 51ABI(3).

Telstra has the same meaning as in the Telstra Corporation Act 1991.

Territory means the following: the Australian Capital Territory; the Jervis Bay Territory; the Northern Territory; Norfolk Island; the Territory of Christmas Island; the Territory of Cocos (Keeling) Islands.

the Australian Capital Territory;

the Jervis Bay Territory;

the Northern Territory;

Norfolk Island;

the Territory of Christmas Island;

the Territory of Cocos (Keeling) Islands.

the Court or the Federal Court means the Federal Court of Australia.

this Act includes Schedule 2 to the extent that it is applied under Subdivision A of Division 2 of Part XI.

trade or commerce means trade or commerce within Australia or between Australia and places outside Australia.

trading corporation means a trading corporation within the meaning of paragraph 51(xx) of the Constitution.

Tribunal means the Australian Competition Tribunal, and includes a member of that Tribunal or a Division of that Tribunal performing functions of that Tribunal.

uniform energy law means:

the South Australian Electricity Legislation; or

the South Australian Gas Legislation; or

the Western Australian Gas Legislation; or

the South Australian Energy Retail Legislation; or

provisions of a law of a State or Territory that:

relate to energy; and

are prescribed by the regulations for the purposes of this subparagraph;

being those provisions as in force from time to time.

vehicle identification number means the number allocated to the vehicle in accordance with the national road vehicle standards as in force from time to time under the Road Vehicle Standards Act 2018.

virtual enquiry technology means any technology that allows a person to appear at all or part of a hearing, examination or other enquiry without being physically present at the hearing, examination or other enquiry.

voluntary action service provider has the meaning given by subsection 56AMB(2).

Western Australian Gas Legislation means:

(a) the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time; and

any regulations, as in force from time to time, made under Part 3 of that Act.

The reference in paragraph (a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.

a reference to engaging in conduct shall be read as a reference to doing or refusing to do any act, including the making of, or the giving effect to a provision of, a contract or arrangement, the arriving at, or the giving effect to a provision of, an understanding or the engaging in of a concerted practice;

a reference to conduct, when that expression is used as a noun otherwise than as mentioned in paragraph (a), shall be read as a reference to the doing of or the refusing to do any act, including the making of, or the giving effect to a provision of, a contract or arrangement, the arriving at, or the giving effect to a provision of, an understanding or the engaging in of a concerted practice;

a reference to refusing to do an act includes a reference to:

refraining (otherwise than inadvertently) from doing that act; or

making it known that that act will not be done; and

a reference to a person offering to do an act, or to do an act on a particular condition, includes a reference to the person making it known that the person will accept applications, offers or proposals for the person to do that act or to do that act on that condition, as the case may be.

at an earlier time the provision of the contract did not have that effect or was not regarded as likely to have that effect; or

the provision of the contract will not or may not have that effect at a later time.

a reference to the acquisition of shares in the capital of a body corporate shall be construed as a reference to an acquisition, whether alone or jointly with another person, of any legal or equitable interest in such shares; and

a reference to the acquisition of assets of a person shall be construed as a reference to an acquisition, whether alone or jointly with another person, of any legal or equitable interest in such assets but does not include a reference to an acquisition by way of charge only or an acquisition in the ordinary course of business.

that other body corporate:

controls the composition of the board of directors of the first-mentioned body corporate;

is in a position to cast, or control the casting of, more than one-half of the maximum number of votes that might be cast at a general meeting of the first-mentioned body corporate; or

holds more than one-half of the allotted share capital of the first-mentioned body corporate (excluding any part of that allotted share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital); or

the first-mentioned body corporate is a subsidiary of any body corporate that is that other body corporate’s subsidiary (including any body corporate that is that other body corporate’s subsidiary by another application or other applications of this paragraph).

a person cannot be appointed as a director without the exercise in his or her favour by that other body corporate of such a power; or

a person’s appointment as a director follows necessarily from his or her being a director or other officer of that other body corporate.

any shares held or power exercisable by that other body corporate in a fiduciary capacity shall be treated as not held or exercisable by it;

subject to paragraphs (c) and (d), any shares held or power exercisable:

by any person as a nominee for that other body corporate (except where that other body corporate is concerned only in a fiduciary capacity); or

by, or by a nominee for, a subsidiary of that other body corporate, not being a subsidiary that is concerned only in a fiduciary capacity;

shall be treated as held or exercisable by that other body corporate;

any shares held or power exercisable by any person by virtue of the provisions of any debentures of the first-mentioned body corporate, or of a trust deed for securing any allotment of such debentures, shall be disregarded; and

any shares held or power exercisable by, or by a nominee for, that other body corporate or its subsidiary (not being held or exercisable as mentioned in paragraph (c)) shall be treated as not held or exercisable by that other body corporate if the ordinary business of that other body corporate or its subsidiary, as the case may be, includes the lending of money and the shares are held or the power is exercisable by way of security only for the purposes of a transaction entered into in the ordinary course of that business.

is the holding company of another body corporate;

is a subsidiary of another body corporate; or

is a subsidiary of the holding company of another body corporate;

that first-mentioned body corporate and that other body corporate shall, for the purposes of this Act, be deemed to be related to each other.

a body corporate that is a party to a dual listed company arrangement is taken to be related to the other body corporate that is a party to the arrangement; and

a body corporate that is related to one of the parties to the arrangement is taken to be related to the other party to the arrangement; and

a body corporate that is related to one of the parties to the arrangement is taken to be related to each body corporate that is related to the other party to the arrangement.

any proceeding under this Act; or

any other proceeding in respect of a matter arising under this Act;

that a person was a consumer in relation to particular goods or services, it is presumed, unless the contrary is established, that the person was a consumer in relation to those goods or services.

a provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding shall be deemed to have had, or to have, a particular purpose if:

the provision was included in the contract, arrangement or understanding or is to be included in the proposed contract, arrangement or understanding for that purpose or for purposes that included or include that purpose; and

that purpose was or is a substantial purpose; and

a person shall be deemed to have engaged or to engage in conduct for a particular purpose or a particular reason if:

the person engaged or engages in the conduct for purposes that included or include that purpose or for reasons that included or include that reason, as the case may be; and

that purpose or reason was or is a substantial purpose or reason.

the law relating to restraint of trade in so far as that law is capable of operating concurrently with this Act; or

the law relating to breaches of confidence;

but nothing in the law referred to in paragraph (a) or (b) affects the interpretation of this Act.

an external Territory; or

(b) the offshore area, within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, of a State, a Territory or an external Territory.

the coastal sea of Australia; or

the coastal sea of an external Territory;

that is on the landward side of each of the offshore areas referred to in that subsection.

Part IV;

Part IVBA;

Part IVE;

Part XI;

Part XICA;

the Australian Consumer Law (other than Part 5-3);

the remaining provisions of this Act (to the extent to which they relate to any of the provisions covered by paragraph (a), (aa), (ab), (b), (ba) or (c));

the acquisitions provisions;

extends to the engaging in conduct outside Australia by:

bodies corporate incorporated or carrying on business within Australia; or

Australian citizens; or

persons ordinarily resident within Australia.

New Zealand and New Zealand Crown corporations; or

bodies corporate carrying on business within New Zealand; or

persons ordinarily resident within New Zealand.

any references in this Act other than in section 45DB, or section 33 or 155 of the Australian Consumer Law, to trade or commerce were, by express provision, confined to trade or commerce:

between Australia and places outside Australia; or

among the States; or

within a Territory, between a State and a Territory or between two Territories; or

by way of the supply of goods or services to the Commonwealth or an authority or instrumentality of the Commonwealth; and

the following provisions:

sections 45AF, 45AG, 45AJ, 45AK, 45, 45D to 45EB (other than section 45DB), 46 and 46A;

Part V (other than Division 5);

Part VIII;

sections 31 and 43, Division 3 of Part 3-1, and sections 50, 153, 163, 164 and 168, of the Australian Consumer Law;

were, by express provision, confined in their operation to engaging in conduct to the extent to which the conduct takes place in the course of or in relation to:

trade or commerce between Australia and places outside Australia; or

trade or commerce among the States; or

trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or

the supply of goods or services to the Commonwealth or an authority or instrumentality of the Commonwealth; and

any reference in Division 1 of Part 3-2 of the Australian Consumer Law to a contract for the supply of goods or services and any reference in Part 3-5 or 5-4 of the Australian Consumer Law to the supply of goods or services, were, by express provision, confined to a contract made, or the supply of goods or services, as the case may be:

in the course of, or in relation to, trade or commerce between Australia and places outside Australia; or

in the course of, or in relation to, trade or commerce among the States; or

in the course of, or in relation to, trade or commerce within a Territory, between a State and a Territory or between two Territories; and

any reference in Part 2-3 of the Australian Consumer Law to a contract were, by express provision, confined to a contract made:

in the course of, or in relation to, trade or commerce between Australia and places outside Australia; or

in the course of, or in relation to, trade or commerce among the States; or

in the course of, or in relation to, trade or commerce within a Territory, between a State and a Territory or between two Territories; and

in paragraph 87(3)(a) the words “in so far as it confers rights or benefits or imposes duties or obligations on a corporation” were omitted; and

subsections 45D(3), 45D(4) and 45DA(3) were repealed, the words “In the circumstances specified in subsections (3) and (4)” were omitted from subsection 45D(1) and the words “In the circumstances specified in subsection (3)” were omitted from subsection 45DA(1); and

the second sentence in subsection 45E(1) were omitted; and

subsection 96(2) were omitted; and

subject to paragraphs (d), (e), (ea), (eb) and (g), a reference in this Act to a corporation, except a reference in section 4, 48, 49, 50, 50A, 77A, 81, 151AE or 151AJ, in an acquisitions provision or in section 229 of the Australian Consumer Law, included a reference to a person not being a corporation.

the reference in paragraph 45AD(2)(c) to goods or services supplied, or likely to be supplied, were, by express provision, confined to goods or services supplied, or likely to be supplied, to corporations or classes of corporations; and

the reference in paragraph 45AD(2)(d) to goods or services acquired, or likely to be acquired, were, by express provision, confined to goods or services acquired, or likely to be acquired, from corporations or classes of corporations; and

the reference in paragraph 45AD(2)(e) to goods or services re-supplied, or likely to be re-supplied, were, by express provision, confined to goods or services re-supplied, or likely to be re-supplied, to corporations or classes of corporations; and

the reference in paragraph 45AD(2)(f) to goods or services likely to be re-supplied were, by express provision, confined to goods or services likely to be re-supplied to corporations or classes of corporations; and

the following paragraphs were added at the end of subsection 45AD(2):

“; or (g) goods or services re-supplied, or likely to be re-supplied, by corporations or classes of corporations to whom those goods or services were supplied by any or all of the parties to the contract, arrangement or understanding; or

goods or services likely to be re-supplied by corporations or classes of corporations to whom those goods or services are likely to be supplied by any or all of the parties to the contract, arrangement or understanding.”; and

the reference in subparagraph 45AD(3)(a)(i) to the production, or likely production, of goods were, by express provision, confined to the production, or likely production, of goods for supply to corporations or classes of corporations; and

the reference in subparagraph 45AD(3)(a)(ii) to the supply of services were, by express provision, confined to the supply of services to corporations or classes of corporations; and

each reference in subparagraphs 45AD(3)(a)(iii) and (iv) and (b)(i) and (ii) to persons or classes of persons were, by express provision, confined to corporations or classes of corporations; and

the reference in subparagraph 45AD(3)(b)(iii) to the geographical areas in which goods or services are supplied, or likely to be supplied, were, by express provision, confined to the geographical areas in which goods or services are supplied, or likely to be supplied, to corporations or classes of corporations; and

the reference in subparagraph 45AD(3)(b)(iv) to the geographical areas in which goods or services are acquired, or likely to be acquired, were, by express provision, confined to the geographical areas in which goods or services are acquired, or likely to be acquired, from corporations or classes of corporations; and

the reference in paragraph 45AD(3)(c) to the supply or acquisition of goods or services were, by express provision, confined to supply of goods or services to, or the acquisition of goods or services from, corporations or classes of corporations; and

the reference in paragraph 45AD(4)(e) to paragraph (2)(e) or (f) included a reference to paragraph (2)(g) or (h); and

section 45AD also provided that it is immaterial whether the identities of the corporations referred to in subsection (2) or (3) of that section can be ascertained; and

each reference in the following provisions of this Act:

Division 1 of Part IV (other than section 45AD);

any other provision (other than section 4, 45AD, 151AE or 151AJ or this subsection or subsection (5A)) to the extent to which it relates to Division 1 of Part IV;

to a corporation included a reference to a person not being a corporation.

For the purposes of this subsection, likely and production have the same meaning as in Division 1 of Part IV.

sections 45AF, 45AG, 45AJ and 45AK were, by express provision, confined in their operation to engaging in conduct to the extent to which the conduct involves the use of, or relates to, a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and

each reference in the following provisions of this Act:

Division 1 of Part IV;

any other provision (other than section 4, 151AE or 151AJ or this subsection or subsection (5A)) to the extent to which it relates to Division 1 of Part IV;

to a corporation included a reference to a person not being a corporation.

sections 45AF, 45AG, 45AJ and 45AK were, by express provision, confined in their operation to engaging in conduct to the extent to which the conduct takes place in, or relates to:

a Territory; or

(ii) a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); and

each reference in the following provisions of this Act:

Division 1 of Part IV;

any other provision (other than section 4, 151AE or 151AJ or this subsection or subsection (5A)) to the extent to which it relates to Division 1 of Part IV;

to a corporation included a reference to a person not being a corporation.

Acquisitions

(2EA) In addition to the effect that this Act (other than Parts IIIA, VIIA and X) has as provided by another subsection of this section, this Act (other than Parts IIIA, VIIA and X) has, by force of this subsection, the effect it would have if:

any references in the acquisitions provisions to an acquisition were, by express provision, confined to an acquisition put into effect:

in the course of, or in relation to, trade or commerce between Australia and places outside Australia; or

in the course of, or in relation to, trade or commerce among the States; or

in the course of, or in relation to, trade or commerce within a Territory, between a State and a Territory or between 2 Territories; and

each reference in the acquisitions provisions (other than in paragraph 51ABC(2)(b)) to a corporation included a reference to a person not being a corporation.

(2EB) Subsection (2EA) has effect in relation to a participating Territory as if the words “within a Territory,” were omitted from subparagraph (2EA)(a)(iii). For this purpose, participating Territory means a Territory that is a participating Territory within the meaning of Part XIA but is not named in a notice in operation under section 150K.

(2EC) In addition to the effect that this Act (other than Parts IIIA, VIIA and X) has as provided by another subsection of this section, this Act (other than Parts IIIA, VIIA and X) has, by force of this subsection, the effect it would have if:

any references in the acquisitions provisions to an acquisition were, by express provision, confined to an acquisition to the extent to which putting the acquisition into effect involves the use of, or relates to, a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and

each reference in the acquisitions provisions to a corporation (other than in paragraph 51ABC(2)(b)) included a reference to a person not being a corporation.

(2ED) In addition to the effect that this Act (other than Parts IIIA, VIIA and X) has as provided by another subsection of this section, this Act (other than Parts IIIA, VIIA and X) has, by force of this subsection, the effect it would have if:

(a) any references in the acquisitions provisions to an acquisition were, by express provision, confined to an acquisition to the extent to which the acquisition is put into effect in, or relates to, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); and

each reference in the acquisitions provisions (other than in paragraph 51ABC(2)(b)) to a corporation included a reference to a person not being a corporation.

Payment surcharges

each reference in Part IVC to a payment surcharge were a reference to a payment surcharge charged for processing a payment made by means of a postal, telegraphic, telephonic, or other like service (including electronic communication); and

each reference to a corporation included a reference to a person not being a corporation.

Certain provisions of Australian Consumer Law

those provisions (other than sections 33 and 155 of the Australian Consumer Law) were, by express provision, confined in their operation to engaging in conduct to the extent to which the conduct involves the use of postal, telegraphic or telephonic services or takes place in a radio or television broadcast; and

a reference in the provisions of Part XI to a corporation included a reference to a person not being a corporation.

those provisions were, by express provision, confined in their operation to contracts for or relating to:

the use of postal, telegraphic or telephonic services; or

radio or television broadcasts; and

a reference in the provisions of Part XI to a corporation included a reference to a person not being a corporation.

those provisions were, by express provision, confined in their operation to engaging in conduct in a Territory; and

a reference in those provisions to a thing done by a corporation in trade or commerce included a reference to a thing done in the course of the promotional activities of a professional person.

to be a non-corporate Commonwealth entity, and not to be a corporate Commonwealth entity; and

to be a part of the Commonwealth; and

not to be a body corporate.

is a body corporate, with perpetual succession;

shall have an official seal;

may acquire, hold and dispose of real and personal property; and

may sue or be sued in its corporate name.

be satisfied that the person qualifies for the appointment because of the person’s knowledge of, or experience in, industry, commerce, economics, law, public administration or consumer protection; and

consider whether the person has knowledge of, or experience in, small business matters; and

if there is at least one fully-participating jurisdiction—be satisfied that a majority of such jurisdictions support the appointment.

whether he or she should give a direction under subsection (4) of this section; or

in the case of a matter, or a class of matters, in relation to which the Chairperson proposes to give a direction under subsection 19(1), whether he or she should direct that the Division concerned is to include an associate member of the Commission or associate members of the Commission.

if there are 2 Deputy Chairpersons available to act as Chairperson, the Minister may appoint 1 of them to act as Chairperson during the absence of the Chairperson; or

if there is only 1 Deputy Chairperson available to act as Chairperson, that Deputy Chairperson is to act as Chairperson during the absence of the Chairperson; or

if there are no Deputy Chairpersons or none of the Deputy Chairpersons are available to act as Chairperson, the Minister may appoint a member of the Commission to act as Chairperson during the absence of the Chairperson, but any such appointment ceases to have effect if a person is appointed as a Deputy Chairperson or a Deputy Chairperson becomes available to act as Chairperson.

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

fails to comply with his or her obligations under:

(i) for any member (including the Chairperson)—Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; orsection 29 of the

for the Chairperson—section 17 of this Act; or

without the consent of the Minister engages in any paid employment outside the duties of his or her office; or

is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months;

the Governor-General shall terminate the appointment of that member of the Commission.

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

(b) fails to comply with his or her obligations under Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section;section 29 of the

the Minister shall terminate the appointment of that associate member of the Commission.

a member of the Commission is taking part, or is to take part, in the determination of a matter; and

the member has a pecuniary interest that could conflict with the proper performance of his or her functions in relation to the determination of the matter;

then:

the Chairperson must cause the interest of the member to be disclosed to each person concerned in the matter (if the matter has not already been disclosed to that person in accordance with the rules); and

unless each person concerned in the matter consents to the member taking part, or continuing to take part, in the determination of the matter—the member must not take part, or continue to take part, in the determination of the matter.

if there are 2 Deputy Chairpersons available to preside at the meeting—the Chairperson may nominate 1 of them to preside at the meeting; or

if there is only 1 Deputy Chairperson available to preside at the meeting—that Deputy Chairperson is to preside at the meeting.

three members (including the Chairperson or a Deputy Chairperson) form a quorum;

all questions shall be decided by a majority of votes of the members present and voting; and

the member presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

telephone;

closed circuit television;

another method of communication determined by the Commission.

specify a particular matter in relation to which the Division is to exercise the powers of the Commission; or

specify a class of matters in relation to which the Division is to exercise the powers of the Commission from time to time.

if the direction specifies a particular matter under paragraph (2)(a)—at any time before the Division makes a determination in relation to the matter; or

otherwise—at any time.

any of its functions and powers under or in relation to Parts VI and XI and the Australian Consumer Law; and

any of its powers under Part XII that relate to those Parts or the Australian Consumer Law;

to a staff member of ASIC.

Part VI; or

Division 5 of Part XI; or

section 155;

to the extent that the functions or powers relate to Part IVD or the consumer data rules.

to the Information Commissioner; or

(b) to a member of the staff of the Office of the Australian Information Commissioner referred to in Australian Information Commissioner Act 2010;section 23 of the

if:

the Information Commissioner agrees to the delegation in writing; and

in the case of a delegation to a staff member referred to in paragraph (b)—the Information Commissioner is satisfied that the staff member:

is an SES employee or acting SES employee; or

is holding or performing the duties of a sufficiently senior office or position for the function or power.

the Chairperson of the Commission and the APS employees assisting the Chairperson together constitute a Statutory Agency; and

the Chairperson is the Head of that Statutory Agency.

to make available to persons engaged in trade or commerce and other interested persons general information for their guidance with respect to the carrying out of the functions, or the exercise of the powers, of the Commission under this Act;

to examine critically, and report to the Minister on, the laws in force in Australia relating to the protection of consumers in respect of matters referred to the Commission by the Minister, being matters with respect to which the Parliament has power to make laws;

to conduct research in relation to matters affecting the interests of consumers, being matters with respect to which the Parliament has power to make laws;

to conduct research and undertake studies on matters that are referred to the Commission by the Council and that relate to the Commission’s other functions;

to make available to the public general information in relation to matters affecting the interests of consumers, being matters with respect to which the Parliament has power to make laws;

to make known for the guidance of consumers the rights and obligations of persons under provisions of laws in force in Australia that are designed to protect the interests of consumers.

(a) the Commission shall cause to be published in the Gazette and in any other manner the Commission considers appropriate a notice:

stating that the reference has been made and specifying the matter to which the reference relates; and

inviting interested persons to furnish to the Commission their views on that matter and specifying the time and manner within which those views are to be furnished;

the Commission shall not furnish its report to the Minister until a reasonable opportunity has been given to interested persons to furnish to the Commission their views on the matter to which the reference relates; and

the Commission shall include in its report to the Minister any recommendations that it considers desirable with respect to the reform of the law relating to the matter to which the reference relates, whether those recommendations relate to the amendment of existing laws or the making of new laws.

Part IIIA, IV, IVA, IVBA, IVBB, IVE, VII, VIIA, X, XIB, XIC or XICA; or

Division 3 of Part XI in relation to individual cases.

the Council is a listed entity; and

the Council President is the accountable authority of the Council; and

the following persons are officials of the Council:

the Council President;

the other Councillors;

the staff referred to in subsection 29M(1);

consultants engaged under section 29N; and

the purposes of the Council include the functions of the Council referred to in section 29B.

carrying out research into matters referred to the Council by the Minister; and

providing advice on matters referred to the Council by the Minister.

perform any function conferred on it by a law of the Commonwealth, or of a State or Territory; and

exercise any power:

conferred by that law to facilitate the performance of that function; or

necessary or convenient to permit the performance of that function.

perform a function conferred on it by a law of a State or Territory; or

exercise a power that is so conferred;

unless the conferral of the function or power is in accordance with the Competition Principles Agreement.

the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Council; or

the authorisation would otherwise exceed the legislative power of the Commonwealth.

imposing the duty is within the legislative powers of the State or Territory concerned; and

imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Council.

Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not

is within the legislative powers of the Commonwealth; and

is consistent with the constitutional doctrines restricting the duties that may be imposed on the Council.

the person qualifies for the appointment because of the person’s knowledge of, or experience in, industry, commerce, economics, law, consumer protection or public administration; and

a majority of the States and Territories that are parties to the Competition Principles Agreement support the appointment.

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

(b) fails to comply with his or her obligations under Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section;section 29 of the

in the case of a full-time Councillor—engages in any paid employment outside the duties of the Councillor’s office without the consent of the Minister;

in the case of a full-time Councillor—is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months.

a majority of the parties to the Competition Principles Agreement; or

if the parties to the Agreement are evenly divided on the question of agreeing to a program—the Commonwealth.

the Council President and the APS employees assisting the Council President together constitute a Statutory Agency; and

the Council President is the Head of that Statutory Agency.

the President is, or is expected to be, absent from duty; or

there is, or is expected to be, a vacancy in the office of President;

the Minister may appoint a Deputy President or an acting Deputy President to act as President during the absence, or while there is a vacancy in the office of President, as the case may be.

the member shall disclose the interest to the President; and

the member shall not take part, or continue to take part, in the proceedings if:

the President gives a direction under paragraph (2)(a) in relation to the proceedings; or

all of the persons concerned in the proceedings do not consent to the member taking part in the proceedings.

if the President considers that the member should not take part, or should not continue to take part, in the proceedings—the President shall give a direction to the member accordingly; or

in any other case—the President shall cause the interest of the member to be disclosed to the persons concerned in the proceedings.