Commonwealth: Competition and Consumer Act 2010 (Cth)

Competition and Consumer Act 2010 No. 51, 1974 Compilation No. 157 Compilation date: 21 February 2025 Includes amendments: Act No. 14, 2025 and Act No. 15, 2025 This compilation is in 4 volumes Volume 1: sections 1–53ZZC Volume 2: sections 55–110 Volume 3: sections 10.01–187 Volume 4: Schedules Endnotes Each volume has its own contents About this compilation This compilation This is a compilation of the Competition and Consumer Act 2010 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Object of this Act 2A Application of Act to Commonwealth and Commonwealth authorities 2B Application of Act to States and Territories 2BA Application of Part IV to local government bodies 2C Activities that are not business 3 Repeal 4 Interpretation 4A Subsidiary, holding and related bodies corporate 4B Consumers 4C Acquisition, supply and re‑supply 4E Market 4F References to purpose or reason 4G Lessening of competition to include preventing or hindering competition 4H Application of Act in relation to leases and licences of land and buildings 4J Joint ventures 4K Loss or damage to include injury 4KA Definitions etc. that do not apply in Part XI or Schedule 2 4L Severability 4M Saving of law relating to restraint of trade and breaches of confidence 4N Extended application of Part IIIA 5 Extended application of this Act to conduct outside Australia 6 Extended application of this Act to persons who are not corporations 6AA Application of the Criminal Code Part II—The Australian Competition and Consumer Commission 6A Establishment of Commission 7 Constitution of Commission 8 Terms and conditions of appointment 8A Associate members 8AB AER members taken to be associate members 9 Remuneration 10 Deputy Chairpersons 11 Acting Chairperson 12 Leave of absence 13 Termination of appointment of members of the Commission 14 Termination of appointment of associate members of the Commission 15 Resignation 16 Arrangement of business 17 Disclosure of interests by Chairperson 17A Disclosure of certain interests by members of the Commission when taking part in determinations of matters 18 Meetings of Commission 19 Chairperson may direct Commission to sit in Divisions 25 Delegation by Commission 26 Delegation by Commission of certain functions and powers 27 Staff of Commission 27A Consultants 28 Functions of Commission in relation to dissemination of information, law reform and research 29 Commission to comply with directions of Minister and requirements of the Parliament Part IIA—The National Competition Council 29A Establishment of Council 29B Functions and powers of Council 29BA Commonwealth consent to conferral of functions etc. on Council 29BB How duty is imposed 29BC When a State/Territory energy law imposes a duty 29C Membership of Council 29D Terms and conditions of office 29E Acting Council President 29F Remuneration of Councillors 29G Leave of absence 29H Termination of appointment of Councillors 29I Resignation of Councillors 29J Arrangement of Council business 29L Council meetings 29LA Resolutions without meetings 29M Staff to help Council 29N Consultants 29O Annual report Part III—The Australian Competition Tribunal 30 Constitution of Tribunal 31 Qualifications of members of Tribunal 31A Appointment of Judge as presidential member of Tribunal not to affect tenure etc. 32 Terms and conditions of appointment 33 Remuneration and allowances of members of Tribunal 34 Acting appointments 35 Suspension and removal of members of Tribunal 36 Resignation 37 Constitution of Tribunal for particular matters 38 Validity of determinations 39 President may give directions 40 Disclosure of interests by members of Tribunal 41 Presidential member to preside 42 Decision of questions 43 Member of Tribunal ceasing to be available 43A Counsel assisting Tribunal 43B Consultants 44 Staff of Tribunal 44A Acting appointments Part IIIAA—The Australian Energy Regulator (AER) Division 1—Preliminary 44AB Definitions 44AC This Part binds the Crown 44AD Extra‑territorial operation Division 2—Establishment of the AER 44AE Establishment of the AER 44AF AER to hold money and property on behalf of the Commonwealth 44AG Constitution of the AER Division 3—Functions and powers of the AER 44AH Commonwealth functions 44AI Commonwealth consent to conferral of functions etc. on AER 44AIA No merits review of AER decisions 44AJ How duty is imposed 44AK When a State/Territory energy law etc. imposes a duty 44AL Powers of the AER Division 4—Administrative provisions relating to the AER Subdivision A—Appointment etc. of members 44AM Appointment of Commonwealth AER members 44AO Acting appointment of Commonwealth AER member 44AP Appointment of State/Territory AER members 44AQ Acting appointment of State/Territory AER member 44AR AER Chair 44ARA AER Deputy Chair 44ARB AER Deputy Chair to act as the AER Chair 44AS Acting AER Deputy Chair 44AT Remuneration of AER members 44AU Additional remuneration of AER Chair 44AV Leave of absence 44AW Other terms and conditions 44AX Outside employment 44AY Disclosure of interests 44AZ Resignation 44AAB Termination of appointment Subdivision B—Staff etc. to assist the AER 44AAC Staff etc. to assist the AER Subdivision C—Meetings of the AER etc. 44AAD Meetings 44AAE Resolutions without meetings 44AAEA Arbitration Subdivision CA—Divisions of the AER 44AAEB Divisions of the AER—functions and powers under a law of the Commonwealth 44AAEC Divisions of the AER—functions and powers under a State/Territory energy law or a local energy instrument Subdivision D—Miscellaneous 44AAF Confidentiality 44AAFA Power of AER to obtain information and documents 44AAFB Failure to comply with notice to give information etc. is an offence 44AAFC AER may inspect, copy and retain documents 44AAG Federal Court may make certain orders 44AAGA Federal Court may order disconnection if an event specified in the National Electricity Rules occurs 44AAH Delegation by the AER 44AAI Fees 44AAK Regulations may deal with transitional matters Part IIIAB—Application of the finance law 44AAL Application of the finance law Part IIIA—Access to services Division 1—Preliminary 44AA Objects of Part 44B Definitions 44C How this Part applies to partnerships and joint ventures 44CA Meaning of declaration criteria 44D Meaning of designated Minister 44DA The principles in the Competition Principles Agreement have status as guidelines 44E This Part binds the Crown Division 2—Declared services Subdivision A—Recommendation by the Council 44F Person may request recommendation 44FA Council may request information 44G Criteria for the Council recommending declaration of a service 44GA Time limit for Council recommendations 44GB Council may invite public submissions on the application 44GC Council must publish its recommendation Subdivision B—Declaration by the designated Minister 44H Designated Minister may declare a service 44HA Designated Minister must publish his or her decision 44I Duration and effect of declaration 44J Revocation of declaration 44K Review of declaration 44KA Tribunal may stay operation of declaration 44KB Tribunal may order costs be awarded 44L Review of decision not to revoke a declaration Division 2AA—Services that are ineligible to be declared Subdivision A—Scope of Division 44LA Constitutional limits on operation of this Division Subdivision B—Ineligibility recommendation by Council 44LB Ineligibility recommendation 44LC Council may request information 44LD Time limit for Council recommendations 44LE Council may invite public submissions on the application 44LF Council must publish its recommendation Subdivision C—Designated Minister's decision on ineligibility 44LG Designated Minister's decision on ineligibility 44LH Designated Minister must publish his or her decision Subdivision D—Revocation of ineligibility decision 44LI Revocation of ineligibility decision Subdivision E—Review of decisions 44LJ Review of ineligibility decisions 44LK Review of decision to revoke or not revoke an ineligibility decision Subdivision F—Other matters 44LL Ineligibility decisions subject to alteration, cancellation etc. Division 2A—Effective access regimes Subdivision A—Recommendation by Council 44M Recommendation for a Ministerial decision on effectiveness of access regime 44MA Council may request information Subdivision B—Decision by Commonwealth Minister 44N Ministerial decision on effectiveness of access regime Subdivision C—Extensions of Commonwealth Minister's decision 44NA Recommendation by Council 44NAA Council may request information 44NB Decision by the Commonwealth Minister Subdivision CA—Revocation of Commonwealth Minister's decision 44NBA Recommendation by Council 44NBB Council may request information 44NBC Decision by the Commonwealth Minister Subdivision D—Procedural provisions 44NC Time limit for Council recommendations 44NE Council may invite public submissions 44NF Publication—Council 44NG Publication—Commonwealth Minister Subdivision E—Review of decisions 44O Review of Ministerial decision on effectiveness of access regime Subdivision F—State or Territory ceasing to be a party to Competition Principles Agreement 44P State or Territory ceasing to be a party to Competition Principles Agreement Division 2B—Competitive tender processes for government owned facilities 44PA Approval of competitive tender process 44PAA Commission may request information 44PB Report on conduct of tender process 44PC Revocation of approval decision 44PD Time limit for Commission decisions 44PE Commission may invite public submissions 44PF Commission must publish its decisions 44PG Review of Commission's initial decision 44PH Review of decision to revoke an approval Division 2C—Register of decisions and declarations 44Q Register of decisions, declarations and ineligibility decisions Division 3—Access to declared services Subdivision A—Scope of Division 44R Constitutional limits on operation of this Division Subdivision B—Notification of access disputes 44S Notification of access disputes 44T Withdrawal of notifications Subdivision C—Arbitration of access disputes 44U Parties to the arbitration 44V Determination by Commission 44W Restrictions on access determinations 44X Matters that the Commission must take into account 44XA Time limit for Commission's final determination 44Y Commission may terminate arbitration in certain cases 44YA Commission must terminate arbitration if declaration varied or set aside by Tribunal Subdivision D—Procedure in arbitrations 44Z Constitution of Commission for conduct of arbitration 44ZA Member of the Commission presiding at an arbitration 44ZB Reconstitution of Commission 44ZC Determination of questions 44ZD Hearing to be in private 44ZE Right to representation 44ZF Procedure of Commission 44ZG Particular powers of Commission 44ZH Power to take evidence on oath or affirmation 44ZI Failing to attend as a witness 44ZJ Failing to answer questions etc. 44ZK Intimidation etc. 44ZL Party may request Commission to treat material as confidential 44ZM Sections 18 and 19 do not apply to the Commission in an arbitration 44ZN Parties to pay costs of an arbitration 44ZNA Joint arbitration hearings Subdivision DA—Arbitration reports 44ZNB Arbitration reports Subdivision E—Effect of determinations 44ZO Operation of final determinations 44ZOA Effect and duration of interim determinations Subdivision F—Review of final determinations 44ZP Review by Tribunal 44ZQ Provisions that do not apply in relation to a Tribunal review 44ZR Appeals to Federal Court from determinations of the Tribunal 44ZS Operation and implementation of a determination that is subject to appeal 44ZT Transmission of documents Subdivision G—Variation and revocation of determinations 44ZU Variation of final determinations 44ZUA Variation and revocation of interim determinations Division 4—Registered contracts for access to declared services 44ZV Constitutional limits on operation of this Division 44ZW Registration of contract 44ZX Review of decision not to register contract 44ZY Effect of registration of contract Division 5—Hindering access to declared services 44ZZ Prohibition on hindering access to declared services Division 6—Access undertakings and access codes for services Subdivision A—Giving of access undertakings and access codes 44ZZA Access undertakings by providers 44ZZAAA Proposed amendments to access undertakings 44ZZAAB Access undertakings containing fixed principles 44ZZAA Access codes prepared by industry bodies 44ZZAB Commission may rely on industry body consultations Subdivision B—Effect of access undertakings and access codes 44ZZBA When access undertakings and access codes come into operation Subdivision C—Extensions of access undertakings and access codes 44ZZBB Extensions of access undertakings and access codes Subdivision D—Procedural provisions 44ZZBC Time limit for Commission decisions 44ZZBCA Commission may request information 44ZZBD Commission may invite public submissions 44ZZBE Commission must publish its decisions Subdivision E—Review of decisions 44ZZBF Review of decisions Subdivision F—Register of access undertakings and access codes 44ZZC Register of access undertakings and access codes Division 6A—Pricing principles for access disputes and access undertakings or codes 44ZZCA Pricing principles for access disputes and access undertakings or codes Division 6B—Overlap among determinations, registered contracts, access undertakings and Tribunal review 44ZZCB Deferring access disputes or access undertakings 44ZZCBA Deferral of arbitration if review is underway 44ZZCC Overlap between determinations and access undertakings 44ZZCD Overlap between registered contracts and access undertakings Division 7—Enforcement and remedies 44ZZD Enforcement of determinations 44ZZE Enforcement of prohibition on hindering access 44ZZF Consent injunctions 44ZZG Interim injunctions 44ZZH Factors relevant to granting a restraining injunction 44ZZI Factors relevant to granting a mandatory injunction 44ZZJ Enforcement of access undertakings 44ZZK Discharge or variation of injunction or other order Division 8—Miscellaneous 44ZZL Register of determinations 44ZZM Commonwealth consent to conferral of functions etc. on the Commission or Tribunal by State or Territory laws 44ZZMAA No merits review by Tribunal of decisions under energy laws 44ZZMA How duty is imposed 44ZZMB When a law of a State or Territory imposes a duty 44ZZN Compensation for acquisition of property 44ZZNA Operation of Parts IV and VII not affected by this Part 44ZZO Conduct by directors, servants or agents 44ZZOAAA Information to be given to Tribunal 44ZZOAA Tribunal only to consider particular material 44ZZOA Time limit for Tribunal decisions 44ZZP Regulations about review by the Tribunal 44ZZQ Regulations about fees for inspection etc. of registers 44ZZR Procedure of the Tribunal when performing functions under a State/Territory energy law or a designated Commonwealth energy law Part IV—Restrictive trade practices Division 1—Cartel conduct Subdivision A—Introduction 45AA Simplified outline 45AB Definitions 45AC Extended meaning of party 45AD Cartel provisions 45AE Meaning of expressions in other provisions of this Act Subdivision B—Offences etc. 45AF Making a contract etc. containing a cartel provision 45AG Giving effect to a cartel provision 45AH Determining guilt 45AI Court may make related civil orders 45AIA Section 4AB of the Crimes Act does not apply Subdivision C—Civil penalty provisions 45AJ Making a contract etc. containing a cartel provision 45AK Giving effect to a cartel provision Subdivision D—Exceptions 45AL Conduct notified 45AM Cartel provision subject to grant of authorisation 45AN Contracts, arrangements or understandings between related bodies corporate 45AO Joint ventures—prosecution 45AP Joint ventures—civil penalty proceedings 45AQ Resale price maintenance 45AR Exclusive dealing 45AS Dual listed company arrangement 45AT Acquisition of shares or assets 45AU Collective acquisition of goods or services by the parties to a contract, arrangement or understanding Division 2—Other provisions 45 Contracts, arrangements or understandings that restrict dealings or affect competition 45D Secondary boycotts for the purpose of causing substantial loss or damage 45DA Secondary boycotts for the purpose of causing substantial lessening of competition 45DB Boycotts affecting trade or commerce 45DC Involvement and liability of employee organisations 45DD Situations in which boycotts permitted 45E Prohibition of contracts, arrangements or understandings affecting the supply or acquisition of goods or services 45EA Provisions contravening section 45E not to be given effect 45EB Sections 45D to 45EA do not affect operation of other provisions of Part 46 Misuse of market power 46A Misuse of market power—corporation with substantial degree of power in trans‑Tasman market 46B No immunity from jurisdiction in relation to certain New Zealand laws 47 Exclusive dealing 48 Resale price maintenance 49 Dual listed company arrangements that affect competition 50 Prohibition of acquisitions that would result in a substantial lessening of competition 50A Acquisitions that occur outside Australia 51 Exceptions 51AAA Concurrent operation of State and Territory laws Part IVB—Industry codes Division 1—Preliminary 51ACA Definitions 51ACAA Meaning of industry code Division 2—Contravention of industry codes 51ACB Contravention of industry codes Division 2A—Infringement notices 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 Division 3—Public warning notices 51ADA Commission may issue a public warning notice Division 4—Orders to redress loss or damage suffered by non‑parties etc. 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. Division 5—Investigation power 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. Division 6—Miscellaneous 51AE Regulations relating to industry codes 51AEAA Functions and powers of Commission under industry codes 51AEA Concurrent operation of State and Territory laws 51AF Acquisition of property Part IVBA—News media and digital platforms mandatory bargaining code Division 1—Basic concepts 52A Definitions 52B Making content available 52C Interacting with content 52D Distributing content Division 2—Designated digital platform corporation and designated digital platform services 52E Minister may make designation determination Division 3—Registered news businesses and registered news business corporations 52F Application for registration of news business and news business corporation 52G Registration of news business and news business corporation 52H Revocation of registration or endorsement—general 52I Revocation of registration or endorsement—false or misleading information or documents 52J Obligation on registered news business corporation to notify ACMA of loss of qualification for registration 52K Adding or removing news source from registered news business 52L Requirements for connection between corporation and news business 52M Revenue test 52N Content test 52O Australian audience test 52P Professional standards test Division 4—General requirements Subdivision A—Preliminary 52Q Obligations in respect of digital platform services individually Subdivision B—The minimum standards 52R Giving list and explanation of data provided to registered news businesses 52S Change to algorithm to bring about identified alteration to distribution of content with significant effect on referral traffic 52V Section 52S—dominant purpose 52W Section 52S—significant effect Subdivision C—Recognition of original covered news content 52X Recognition of original covered news content Subdivision D—Facilitating open communication 52Y Facilitating open communication—responsible digital platform corporation for designated digital platform service 52Z Facilitating open communication—registered news business corporation for registered news business Subdivision E—Trade secrets and personal information 52ZA Trade secrets 52ZB Personal information Division 5—Non‑differentiation 52ZC Digital service to be supplied without differentiating in relation to registered news businesses Division 6—Bargaining Subdivision A—Preliminary 52ZD Bargaining news business representative for a registered news business 52ZE Notification of bargaining Subdivision B—Bargaining obligations 52ZF Application of Subdivision 52ZG Bargaining parties, core bargaining issues and represented registered news businesses 52ZH Obligation to negotiate in good faith 52ZI Obligation to notify Commission if agreement reached Subdivision BA—Mediation 52ZIA Obligation to participate in mediation 52ZIB Rules about conduct of mediation 52ZIC Termination of mediation Subdivision C—Miscellaneous 52ZJ Bargaining over other issues Division 7—Arbitration about remuneration issue Subdivision A—Preliminary 52ZK Register of bargaining code arbitrators Subdivision B—Starting arbitration 52ZL Notification of arbitration 52ZM Formation of arbitral panel 52ZN Disclosure of conflicts of interest where ACMA appoints member of panel 52ZO Costs of arbitral panel 52ZP Chair to notify start of arbitration 52ZQ Bargaining parties' agreement about dealing with extra services in arbitration Subdivision C—Final offer arbitration 52ZR Application 52ZS Obligation to participate in arbitration in good faith 52ZT Information request by bargaining party—general 52ZU Information request by bargaining party—challenges by other bargaining party 52ZV Information request by bargaining party—miscellaneous rules 52ZW Agreed early termination of arbitration 52ZX Final offer arbitration 52ZXA Final offer to be accompanied by information about contracts 52ZY Final offer arbitration—termination of arbitration if no final offers 52ZZ Matters to consider in arbitration, etc. 52ZZA Other requirements for arbitration determination 52ZZB Submissions of bargaining parties 52ZZC Role of Commission 52ZZD Guidelines about conduct of arbitration Subdivision D—Effect of arbitral determination 52ZZE Bargaining parties must comply with the determination Division 8—Enforcement etc. 52ZZF Record generating and keeping 52ZZG Infringement notices—Division 4 of this Part 52ZZH Joint and several liability for pecuniary liabilities Division 9—Agreements between digital platform corporations and registered news business corporations 52ZZI Simplified outline of this Division 52ZZJ Standard offers—content 52ZZK Standard offers—consequences of agreement 52ZZL Contracting out of general requirements, bargaining and arbitration 52ZZM Offers relating to general requirements, bargaining and arbitration not prohibited Division 10—Powers and functions of the ACMA in relation to this Part 52ZZN Powers of the ACMA to obtain information etc. 52ZZO No Ministerial directions to the ACMA in relation to this Part Division 11—Miscellaneous 52ZZP Exceptions to Part IV 52ZZQ Concurrent operation of State and Territory laws 52ZZR Giving information and producing documents by electronic means 52ZZS Review of operation of this Part Part IVBB—Gas market Division 1—Preliminary Subdivision A—Object and simplified outline 53 Object of this Part 53A Simplified outline Subdivision B—Definitions 53B Definitions 53C Gas market conduct 53D Gas market participants Subdivision C—Geographical application 53E Extension to external Territories 53F Extraterritorial operation 53G Geographical application of offences 53H Geographical application—supplies and acquisitions Subdivision D—Application to government entities 53J Gas market provisions bind the Crown 53K Application to government entities Division 2—Gas market instruments Subdivision A—Gas market instruments 53L Regulations may prescribe gas market codes 53M Minister may make gas market emergency price orders 53N Scope of gas market instruments Subdivision B—Matters that gas market codes may deal with 53P General 53Q Dealing with other gas market participants 53R Negotiations, expressions of interest and offers 53S Agreements 53T Terms on which gas commodities are supplied or acquired, including price 53U Gas exchanges 53V Dispute and complaint resolution 53W Mediation and arbitration Subdivision C—Matters that gas market emergency price orders may deal with 53X Terms on which gas commodities are supplied or acquired, including price 53Y Gas exchanges Subdivision D—Incidental and other matters that gas market codes and gas market emergency price orders may deal with 53Z Transparency 53ZA Reporting, records and auditing 53ZB Conferral of powers and functions 53ZC Fees 53ZD Incidental or related matters 53ZE What gas market instruments may refer to Subdivision E—Miscellaneous matters 53ZF Provisions do not limit other provisions 53ZG Constitution—gas market instruments must not give preference to States etc. 53ZH Fees must not amount to taxation 53ZI Powers to make legislative instruments Division 3—Compliance with gas market instruments Subdivision A—Civil penalty provisions of gas market instruments 53ZJ Civil penalty provisions of gas market instruments Subdivision B—Infringement notices 53ZK Infringement notices Subdivision C—Public warning notices 53ZL Commission may give draft public warning notice 53ZM Commission may issue public warning notice 53ZN Proceedings for defamation not to lie Subdivision D—Orders to redress loss or damage suffered by non‑parties etc. 53ZO Orders to redress loss or damage suffered by non‑parties etc. 53ZP Kinds of orders that may be made to redress loss or damage suffered by non‑parties etc. Subdivision E—Avoidance schemes 53ZQ Schemes for avoidance purposes 53ZR Whether it is reasonable to draw conclusion as to purpose 53ZS This Subdivision does not limit Division 2 Division 4—Investigation powers 53ZT Commission may require person to provide information 53ZU Extending periods for complying with notices 53ZV Compliance with notices 53ZW False or misleading information etc. 53ZX This Division does not limit other provisions Division 5—Other matters 53ZY Certain provisions of this Act do not limit other provisions 53ZZ Concurrent operation of State and Territory laws 53ZZA Constitution—application of gas market provisions 53ZZB Constitution—acquisition of property 53ZZC Regulations referring to other instruments An Act relating to competition, fair trading and consumer protection, and for other purposes Part I—Preliminary 1 Short title This Act may be cited as the Competition and Consumer Act 2010. 2 Object of this Act The object of this Act is to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection. 2A Application of Act to Commonwealth and Commonwealth authorities (1) Subject to this section and sections 44AC, 44E and 95D, this Act binds the Crown in right of the Commonwealth in so far as the Crown in right of the Commonwealth carries on a business, either directly or by an authority of the Commonwealth. (2) Subject to the succeeding provisions of this section, this Act applies as if: (a) the Commonwealth, in so far as it carries on a business otherwise than by an authority of the Commonwealth; and (b) 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. (3) Nothing in this Act makes the Crown in right of the Commonwealth liable to a pecuniary penalty or to be prosecuted for an offence. (3A) The protection in subsection (3) does not apply to an authority of the Commonwealth. (4) Part IV does not apply in relation to the business carried on by the Commonwealth in developing, and disposing of interests in, land in the Australian Capital Territory. 2B Application of Act to States and Territories (1) The following provisions of this Act bind the Crown in right of each of the States, of the Northern Territory and of the Australian Capital Territory, so far as the Crown carries on a business, either directly or by an authority of the State or Territory: (a) Part IV; (aaa) Part IVBA; (aa) Part V; (b) Part XIB; (ba) Part XICA; (c) the other provisions of this Act so far as they relate to the above provisions. (2) Nothing in this Act renders the Crown in right of a State or Territory liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of a State or Territory. 2BA Application of Part IV to local government bodies (1) Part IV applies in relation to a local government body only to the extent that it carries on a business, either directly or by an incorporated company in which it has a controlling interest. (2) In this section: local government body means a body established by or under a law of a State or Territory for the purposes of local government, other than a body established solely or primarily for the purposes of providing a particular service, such as the supply of electricity or water. 2C Activities that are not business (1) For the purposes of sections 2A, 2B and 2BA, the following do not amount to carrying on a business: (a) imposing or collecting: (i) taxes; or (ii) levies; or (iii) fees for licences; (b) granting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions); (c) a transaction involving: (i) 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 (ii) only persons who are all acting for the same authority of the Commonwealth; or (iii) only persons who are all acting for the same authority of a State or Territory; or (iv) only the Crown in right of the Commonwealth and one or more non‑commercial authorities of the Commonwealth; or (v) only the Crown in right of a State or Territory and one or more non‑commercial authorities of that State or Territory; or (vi) only non‑commercial authorities of the Commonwealth; or (vii) only non‑commercial authorities of the same State or Territory; or (viii) 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; (d) the acquisition of primary products by a government body under legislation, unless the acquisition occurs because: (i) the body chooses to acquire the products; or (ii) the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products. (2) Subsection (1) does not limit the things that do not amount to carrying on a business for the purposes of sections 2A, 2B and 2BA. (3) In this section: acquisition of primary products by a government body under legislation includes vesting of ownership of primary products in a government body by legislation. government body means the Commonwealth, a State, a Territory, an authority of the Commonwealth or an authority of a State or Territory. licence means a licence that allows the licensee to supply goods or services. primary products means: (a) agricultural or horticultural produce; or (b) crops, whether on or attached to the land or not; or (c) animals (whether dead or alive); or (d) the bodily produce (including natural increase) of animals. (4) For the purposes of this section, an authority of the Commonwealth or an authority of a State or Territory is non‑commercial if: (a) it is constituted by only one person; and (b) it is neither a trading corporation nor a financial corporation. 3 Repeal The Restrictive Trade Practices Act 1971 and the Restrictive Trade Practices Act 1972 are repealed. 4 Interpretation (1) In this Act, unless the contrary intention appears: accountable authority has the same meaning as in the Public Governance, Performance and Accountability Act 2013. Accreditation Registrar means: (a) if a person holds an appointment under subsection 56CK(1)—that person; or (b) 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: (a) in relation to goods—acquire by way of purchase, exchange or taking on lease, on hire or on hire‑purchase; and (b) in relation to services—accept. 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: (a) supplies made from any of those bodies corporate to any other of those bodies corporate; or (b) supplies that are input taxed; or (c) supplies that are not for consideration (and are not taxable supplies under section 72‑5 of the A New Tax System (Goods and Services Tax) Act 1999); or (d) supplies that are not made in connection with an enterprise that the body corporate carries on; or (e) 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) a natural person who is in Australia or is ordinarily resident in Australia; or (b) 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) a body corporate established for a purpose of the State or the Territory by or under a law of the State or Territory; or (b) an incorporated company in which the State or the Territory, or a body corporate referred to in paragraph (a), has a controlling interest. Note: See also the definitions of Commonwealth authority and State or Territory authority in subsection 95A(1) (which apply in relation to Part VIIA). authority of the Commonwealth means: (a) 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 (b) an incorporated company in which the Commonwealth, or a body corporate referred to in paragraph (a), has a controlling interest. Note: See also the definitions of Commonwealth authority and State or Territory authority in subsection 95A(1) (which apply in relation to Part VIIA). 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: (a) the period of 12 months ending at the end of the month in which: (i) for an offence—the body corporate ceased committing the offence, or was charged with the offence (whichever is earlier); or (ii) for a contravention—the contravention ceased, or proceedings in relation to the contravention were instituted (whichever is earlier); or (iii) for an act or omission—the act or omission ceased, or proceedings in relation to the act or omission were instituted (whichever is earlier); (b) the period ending at the same time as the period determined under paragraph (a) and starting: (i) 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 (ii) for a contravention—at the beginning of the month in which the contravention occurred or began occurring (as the case requires); or (iii) 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. cartel provision has the meaning given by section 45AD. CDR Accreditor means: (a) if a person holds an appointment under subsection 56CG(1)—that person; or (b) 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. chargeable CDR data has the meaning given by subsection 56AM(1). chargeable circumstances: (a) in relation to the disclosure of chargeable CDR data—has the meaning given by subsection 56AM(2); or (b) 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) 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 (b) subsection 58FZM(3) in relation to compliance with a direction given under subsection 58FZM(2). civil penalty provision of an SPF principle means: (a) 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 (b) 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 (b) 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: (a) competition from goods that are, or are capable of being, imported into Australia; and (b) 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: (a) is a foreign corporation; (b) is a trading corporation formed within the limits of Australia or is a financial corporation so formed; (c) is incorporated in a Territory; or (d) 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: (a) if a person holds an appointment under section 56FG—that person; or (b) 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. directly or indirectly derived has the meaning given by subsection 56AI(2). document means any record of information, and includes: (a) anything on which there is writing; and (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and (d) 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). electronic communication means a communication of information by means of guided and/or unguided electromagnetic energy: (a) whether in the form of text; or (b) whether in the form of data; or (c) whether in the form of speech, music or other sounds; or (d) whether in the form of visual images (animated or otherwise); or (e) whether in any other form; or (f) whether in any combination of forms. external Territory: (a) 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. Note: The Australian Capital Territory, the Jervis Bay Territory, the Northern Territory, Norfolk Island and the Territories of Christmas Island and of Cocos (Keeling) Islands are covered by the definition of Territory in this subsection. fee‑free CDR data has the meaning given by subsection 56AM(4). 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: (a) is a participating jurisdiction as defined in section 150A; and (b) 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) a gas market code; or (b) a gas market emergency price order. gas market provision means any of the following provisions: (a) a provision of Part IVBB; (b) a provision of the regulations made for the purposes of a provision of Part IVBB (including a gas market code); (c) a provision of a gas market emergency price order; (d) 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: (a) ships, aircraft and other vehicles; (b) animals, including fish; (c) minerals, trees and crops, whether on, under or attached to land or not; and (d) gas and electricity. 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: (a) aiding, abetting, counselling or procuring a contravention of the provision; or (b) inducing, whether by threats or promises or otherwise, such a contravention; or (c) being in any way, directly or indirectly, knowingly concerned in, or party to, such a contravention; or (d) 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: (a) the instrument is made or has effect under a law of a State or Territory; and (b) 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: (a) is an authorisation for a person to engage in conduct to which section 50 or 50A would or might apply; but (b) is not an authorisation for a person to engage in conduct to which any provision 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. 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. party, 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: (a) pre‑natal injury; or (b) impairment of a person's physical or mental condition; or (c) disease; but does not include an impairment of a person's mental condition unless the impairment consists of a recognised psychiatric illness. 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. 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, in relation to an understanding, means any matter forming part of the understanding. 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, in relation to the giving of a covenant, 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. responding party: see section 57EB. RTO course: see section 57BC. Note: RTO is short for registered training organisation. 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. Note: RTO is short for registered training organisation. 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 (b) 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) a contract for or in relation to: (i) the performance of work (including work of a professional nature), whether with or without the supply of goods; (ii) the provision of, or the use or enjoyment of facilities for, amusement, entertainment, recreation or instruction; or (iii) the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction; (b) a contract of insurance; (c) 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 (d) 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 (b) 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 (b) 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 (b) 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: (a) policies and procedures required under paragraph 58BD(1)(a) for the sector; and (b) 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: (a) personal information; or (b) information relating to a person that may be used (whether alone or in conjunction with other information) to access: (i) a service or an account; or (ii) 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: (a) the SPF general regulator; or (b) 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. State/Territory AER member means an AER member referred to in section 44AP. State/Territory energy law means any of the following laws: (a) a uniform energy law that applies as a law of a State or Territory; (b) a law of a State or Territory that applies a law mentioned in paragraph (a) as a law of its own jurisdiction; (c) any other provisions of a law of a State or Territory that: (i) relate to energy; and (ii) are prescribed by the regulations for the purposes of this paragraph; being those provisions as in force from time to time. supply, when used as a verb, includes: (a) in relation to goods—supply (including re‑supply) by way of sale, exchange, lease, hire or hire‑purchase; and (b) 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. Telstra has the same meaning as in the Telstra Corporation Act 1991. Territory means the following: (a) the Australian Capital Territory; (b) the Jervis Bay Territory; (c) the Northern Territory; (d) Norfolk Island; (e) the Territory of Christmas Island; (f) 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: (a) the South Australian Electricity Legislation; or (b) the South Australian Gas Legislation; or (c) the Western Australian Gas Legislation; or (ca) the South Australian Energy Retail Legislation; or (d) provisions of a law of a State or Territory that: (i) relate to energy; and (ii) are prescribed by the regulations for the purposes of this subparagraph; being those provisions as in force from time to time. vehicle identification number, in relation to a scheme vehicle, 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 (b) 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. (2) In this Act: (a) 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; (b) 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; (c) a reference to refusing to do an act includes a reference to: (i) refraining (otherwise than inadvertently) from doing that act; or (ii) making it known that that act will not be done; and (d) 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. (3) Where a provision of this Act is expressed to render a provision of a contract unenforceable if the provision of the contract has or is likely to have a particular effect, that provision of this Act applies in relation to the provision of the contract at any time when the provision of the contract has or is likely to have that effect notwithstanding that: (a) 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 (b) the provision of the contract will not or may not have that effect at a later time. (4) In this Act: (a) 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 (b) 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,