Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Schedule 14—Other amendments

Schedule 14 Other amendments

Part 1 Removal of requirements for Ministerial consents

Competition and Consumer Act 2010

1  Subsections 5(3), (4) and (5)

Repeal the subsections.

2  Application of amendments

(1)       The repeal of subsection 5(3) of the Competition and Consumer Act 2010 made by this Part applies in relation to hearings commencing on or after the commencement of this item.

(2)       The repeal of subsection 5(4) of the Competition and Consumer Act 2010 made by this Part applies in relation to applications made on or after the commencement of this item.

Part 2 Jurisdiction of State and Territory Courts

Competition and Consumer Act 2010

3  Subsection 138B(2)

Repeal the subsection.

4  Subsection 138C(1)

Omit “subsections (2) and (3)”, substitute “subsection (2)”.

5  Subsection 138C(3)

Repeal the subsection.

6  Paragraph 138D(1)(b)

Repeal the paragraph, substitute:

                     (b)  a matter for determination in the proceeding arises under this Part or the Australian Consumer Law, other than under Chapter 4 of the Australian Consumer Law.

7  Paragraph 138E(1)(b)

Repeal the paragraph, substitute:

                     (b)  a matter for determination in the proceeding arises under this Part or the Australian Consumer Law;

8  Application of amendments

The amendments made by this Part apply in relation to matters arising on or after the commencement of this item.

Part 3 Register of notifications

Competition and Consumer Act 2010

9  Paragraph 95(1)(gb)

Omit “93AD(3)(b); and”, substitute “93AD(3)(b).”.

10  Paragraphs 95(1)(h) and (j)

Repeal the paragraphs.

Part 4 Confidentiality of notices

Competition and Consumer Act 2010

11  At the end of section 132A of Schedule 2

Add:

             (3)  This section also does not apply if the disclosure is made by a member of the staff of the regulator, or an associate regulator, in the performance of his or her duties as such a member of staff, and is made because it is reasonably necessary to protect public safety, to:

                     (a)  any other agency within the meaning of the Freedom of Information Act 1982 ; or

                     (b)  the Director of Public Prosecutions; or

                     (c)  a State/Territory government body (within the meaning of section 155AAA of the Competition and Consumer Act); or

                     (d)  a foreign government body (within the meaning of the Competition and Consumer Act).

Part 5 Cartel offences

Competition and Consumer Act 2010

12  Subsection 79(5)

Omit “and 11.4(1)”, substitute “11.4(1) and 11.5(1)”.

13  Application of amendments

The amendment made by this Part applies in relation to contraventions that occur on or after the commencement of this item.

Part 6 Unsolicited consumer agreements

Competition and Consumer Act 2010

14  Paragraphs 82(3)(a), (b), (c) and (d) of Schedule 2

Repeal the paragraphs, substitute:

                     (a)  if the agreement was not negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the tenth business day after the day on which the agreement was made;

                     (b)  if the agreement was negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the tenth business day after the day on which the consumer was given the agreement document relating to the agreement;

                     (c)  if one or more of sections 73 (permitted hours for negotiating an unsolicited consumer agreement), 74 (disclosing purpose and identity) and 75 (ceasing to negotiate on request) were contravened in relation to the agreement:

                              (i)  if the agreement was not negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the period of 3 months starting on the day after the day on which the agreement was made; or

                             (ii)  if the agreement was negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the period of 3 months starting on the day after the day on which the consumer was given the agreement document relating to the agreement;

                     (d)  if one or more of section 76 (informing consumer of termination period), a provision of Subdivision C (requirements for unsolicited consumer agreements) and section 86 (prohibition on supplies etc.) were contravened in relation to the agreement:

                              (i)  if the agreement was not negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the period of 6 months starting on the day after the day on which the agreement was made; or

                             (ii)  if the agreement was negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the period of 6 months starting on the day after the day on which the consumer was given the agreement document relating to the agreement;

15  Paragraph 85(3)(a) of Schedule 2

Repeal the paragraph, substitute:

                     (a)  the agreement is terminated in accordance with section 82 after the end of:

                              (i)  if the agreement was not negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the tenth business day after the day on which the agreement was made; or

                             (ii)  if the agreement was negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the tenth business day after the day on which the consumer was given the agreement document relating to the agreement; and

16  Paragraph 85(6)(a) of Schedule 2

Repeal the paragraph, substitute:

                     (a)  an unsolicited consumer agreement is terminated in accordance with section 82 after the end of:

                              (i)  if the agreement was not negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the tenth business day after the day on which the agreement was made; or

                             (ii)  if the agreement was negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the tenth business day after the day on which the consumer was given the agreement document relating to the agreement; and

17  Section 86 of Schedule 2 (heading)

Repeal the heading, substitute:

86   Prohibition on supplies etc.

18  Subsection 86(1) of Schedule 2

Omit “the period of 10 business days starting”.

19  Paragraphs 86(1)(d) and (e) of Schedule 2

Repeal the paragraphs, substitute:

                     (d)  if the agreement was not negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the tenth business day after the day on which the agreement was made; or

                     (e)  if the agreement was negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the tenth business day after the day on which the consumer was given the agreement document relating to the agreement.

20  Section 179 of Schedule 2 (heading)

Repeal the heading, substitute:

179   Prohibition on supplies etc.

21  Paragraph 179(1)(b) of Schedule 2

Omit “the period of 10 business days starting”.

22  Subparagraphs 179(1)(b)(i) and (ii) of Schedule 2

Repeal the subparagraphs, substitute:

                              (i)  if the agreement was not negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the tenth business day after the day on which the agreement was made; or

                             (ii)  if the agreement was negotiated by telephone—the period starting on the day on which the agreement was made and ending at the end of the tenth business day after the day on which the consumer was given the agreement document relating to the agreement.

Part 7 Misleading conduct as to the nature etc. of goods

Competition and Consumer Act 2010

23  At the end of subsection 131(2)

Add:

            ; and (d)  section 33 of Schedule 2 also applies as a law of the Commonwealth to, and in relation to, the conduct of any person.

24  Application of amendments

The amendment made by this Part applies in relation to conduct occurring on or after the commencement of this item.

Part 8 Power to obtain information, documents and evidence

Competition and Consumer Act 2010

25  After subsection 155(8)

Insert:

          (8A)  If a person refuses or fails to comply with a notice under this section, a court may, on application by the Commission, make an order directing the person to comply with the notice.

26  Application of amendments

The amendment made by this Part applies in relation to a refusal or failure to comply with a notice given on or after the commencement of this item.

Part 9 Application and transitional provisions

Competition and Consumer Act 2010

27  At the end of Chapter 6 of Schedule 2

Add:

Part 2 Application and transitional provisions relating to the Competition and Consumer Amendment (Competition Policy Review) Act 2017

   

291   Application of amendments relating to confidentiality of notices

                   The amendment made by Part 4 of Schedule 14 to the Competition and Consumer Amendment (Competition Policy Review) Act 2017 applies in relation to disclosures made on or after the commencement of that Part that relate to notices given on or after the commencement of that Part.

292   Application of amendments relating to prohibition on supplies

                   The amendments made by Part 6 of Schedule 14 to the Competition and Consumer Amendment (Competition Policy Review) Act 2017 apply in relation to unsolicited consumer agreements made on or after the commencement of that Part.

(66/17)