Professional Documents
Culture Documents
C2019C00149VOL03
C2019C00149VOL03
Chapter 1—Introduction 67
1 Application of this Schedule............................................................ 67
2 Definitions ....................................................................................... 67
3 Meaning of consumer ...................................................................... 83
4 Misleading representations with respect to future matters ............... 86
5 When donations are treated as supplies or acquisitions ................... 87
6 Related bodies corporate ................................................................. 88
7 Meaning of manufacturer ................................................................ 88
8 Goods affixed to land or premises ................................................... 89
9 Meaning of safety defect in relation to goods .................................. 89
10 Asserting a right to payment ............................................................ 90
11 References to acquisition, supply and re-supply .............................. 91
12 Application of Schedule in relation to leases and licences of
land and buildings............................................................................ 92
13 Loss or damage to include injury..................................................... 92
14 Meaning of continuing credit contract ............................................ 92
15 Contraventions of this Schedule ...................................................... 94
16 Severability...................................................................................... 94
17 References to provisions in this Schedule ....................................... 94
Endnotes 359
Endnote 1—About the endnotes 359
Endnote 2—Abbreviation key 361
Endnote 3—Legislation history 362
Endnote 4—Amendment history 385
Section 45AA
(a) price-fixing; or
(d) bid-rigging;
45AB Definitions
In this Division:
Section 45AB
Section 45AC
obtaining includes:
(a) obtaining for another person; and
(b) inducing a third person to do something that results in
another person obtaining.
party has a meaning affected by section 45AC.
production includes manufacture, processing, treatment, assembly,
disassembly, renovation, restoration, growing, raising, mining,
extraction, harvesting, fishing, capturing and gathering.
Purpose/effect condition
(2) The purpose/effect condition is satisfied if the provision has the
purpose, or has or is likely to have the effect, of directly or
indirectly:
(a) fixing, controlling or maintaining; or
(b) providing for the fixing, controlling or maintaining of;
the price for, or a discount, allowance, rebate or credit in relation
to:
Section 45AD
Purpose condition
(3) The purpose condition is satisfied if the provision has the purpose
of directly or indirectly:
(a) preventing, restricting or limiting:
(i) the production, or likely production, of goods by any or
all of the parties to the contract, arrangement or
understanding; or
(ii) the capacity, or likely capacity, of any or all of the
parties to the contract, arrangement or understanding to
supply services; or
(iii) the supply, or likely supply, of goods or services to
persons or classes of persons by any or all of the parties
to the contract, arrangement or understanding; or
(iv) the acquisition, or likely acquisition, of goods or
services from persons or classes of persons by any or all
of the parties to the contract, arrangement or
understanding; or
Section 45AD
Section 45AD
Competition condition
(4) The competition condition is satisfied if at least 2 of the parties to
the contract, arrangement or understanding:
(a) are or are likely to be; or
(b) but for any contract, arrangement or understanding, would be
or would be likely to be;
in competition with each other in relation to:
(c) if paragraph (2)(c) or (3)(b) applies in relation to a supply, or
likely supply, of goods or services—the supply of those
goods or services in trade or commerce; or
(d) if paragraph (2)(d) or (3)(b) applies in relation to an
acquisition, or likely acquisition, of goods or services—the
acquisition of those goods or services in trade or commerce;
or
(e) if paragraph (2)(e) or (f) applies in relation to a re-supply, or
likely re-supply, of goods or services—the supply of those
goods or services in trade or commerce to that re-supplier; or
(f) if subparagraph (3)(a)(i) applies in relation to preventing,
restricting or limiting the production, or likely production, of
goods—the production of those goods in trade or commerce;
or
(g) if subparagraph (3)(a)(ii) applies in relation to preventing,
restricting or limiting the capacity, or likely capacity, to
supply services—the supply of those services in trade or
commerce; or
(h) if subparagraph (3)(a)(iii) applies in relation to preventing,
restricting or limiting the supply, or likely supply, of goods
Section 45AD
Section 45AD
Section 45AE
Purpose/effect of a provision
(10) For the purposes of this Division, a provision of a contract,
arrangement or understanding is not to be taken not to have the
purpose, or not to have or to be likely to have the effect, mentioned
in subsection (2) by reason only of:
(a) the form of the provision; or
(b) the form of the contract, arrangement or understanding; or
(c) any description given to the provision, or to the contract,
arrangement or understanding, by the parties.
Purpose of a provision
(11) For the purposes of this Division, a provision of a contract,
arrangement or understanding is not to be taken not to have the
purpose mentioned in a paragraph of subsection (3) by reason only
of:
(a) the form of the provision; or
(b) the form of the contract, arrangement or understanding; or
(c) any description given to the provision, or to the contract,
arrangement or understanding, by the parties.
Section 45AF
Offence
(1) A person commits an offence if:
(a) the person makes a contract or arrangement, or arrives at an
understanding; and
(b) the contract, arrangement or understanding contains a cartel
provision.
(2) The fault element for paragraph (1)(b) is knowledge or belief.
Penalty
(3) An offence against subsection (1) committed by a body corporate
is punishable on conviction by a fine not exceeding the greater of
the following:
(a) $10,000,000;
(b) if the court can determine the total value of the benefits that:
(i) have been obtained by one or more persons; and
(ii) are reasonably attributable to the commission of the
offence;
3 times that total value;
(c) if the court cannot determine the total value of those
benefits—10% of the body corporate’s annual turnover
during the 12-month period ending at the end of the month in
which the body corporate committed, or began committing,
the offence.
(4) An offence against subsection (1) committed by a person other
than a body corporate is punishable on conviction by a term of
imprisonment not exceeding 10 years or a fine not exceeding 2,000
penalty units, or both.
Section 45AG
Indictable offence
(5) An offence against subsection (1) is an indictable offence.
Offence
(1) A person commits an offence if:
(a) a contract, arrangement or understanding contains a cartel
provision; and
(b) the person gives effect to the cartel provision.
(2) The fault element for paragraph (1)(a) is knowledge or belief.
Penalty
(3) An offence against subsection (1) committed by a body corporate
is punishable on conviction by a fine not exceeding the greater of
the following:
(a) $10,000,000;
(b) if the court can determine the total value of the benefits that:
(i) have been obtained by one or more persons; and
(ii) are reasonably attributable to the commission of the
offence;
3 times that total value;
(c) if the court cannot determine the total value of those
benefits—10% of the body corporate’s annual turnover
during the 12-month period ending at the end of the month in
which the body corporate committed, or began committing,
the offence.
(4) An offence against subsection (1) committed by a person other
than a body corporate is punishable on conviction by a term of
imprisonment not exceeding 10 years or a fine not exceeding 2,000
penalty units, or both.
Section 45AH
Indictable offence
(6) An offence against subsection (1) is an indictable offence.
Section 45AJ
Subdivision D—Exceptions
Section 45AM
Section 45AO
(2) A defendant who wishes to rely on subsection (1) must prove that
matter on the balance of probabilities.
Section 45AP
(2) A defendant who wishes to rely on subsection (1) must prove that
matter on the balance of probabilities.
Section 45AQ
Section 45AS
Section 45AU
Section 45
Section 45
Section 45
Section 45
Section 45D
Section 45DC
Section 45DC
Section 45DD
Section 45DD
Section 45DD
Section 45E
Subsections (1), (2) and (3) do not protect people not covered by
them
(6) In applying subsection 45D(1) or 45DA(1) to a person who is not
covered by subsection (1), (2) or (3) in respect of certain conduct,
disregard the fact that other persons may be covered by one of
those subsections in respect of the same conduct.
Note: Section 415 of the Fair Work Act 2009 limits the right to bring actions
under the Competition Code in respect of industrial action that is
protected action for the purposes of that section.
Section 45E
Section 45E
Section 45E
has not also been supplied with such goods or services by the
first person;
then, for the purposes of the application of this section in relation
to anything done after the second person has been supplied with
goods or services as mentioned in paragraph (c), the first person is
not to be taken to be a person who has been accustomed to supply
such goods or services to the second person.
Section 45EA
Section 46
Section 47
47 Exclusive dealing
(1) Subject to this section, a person shall not, in trade or commerce,
engage in the practice of exclusive dealing.
Section 47
Section 47
Section 47
Section 47
Section 47
Section 47
Section 48
Section 49
Exception
(2) The making by a person of a dual listed company arrangement that
contains a provision that has the purpose, or would have or be
likely to have the effect, of substantially lessening competition
does not contravene this section if:
(a) the arrangement is subject to a condition that the provision
will not come into force unless and until the person is granted
an authorisation to give effect to the provision; and
(b) the person applies for the grant of such an authorisation
within 14 days after the arrangement is made.
However, this subsection does not permit the person to give effect
to such a provision.
Meaning of competition
(3) For the purposes of this section, competition, in relation to a
provision of a dual listed company arrangement or of a proposed
dual listed company arrangement, means competition in any
market in which:
(a) a person that is a party to the arrangement or would be a
party to the proposed arrangement; or
(b) any body corporate related to such a person;
supplies or acquires, or is likely to supply or acquire, goods or
services or would, apart from the provision, supply or acquire, or
be likely to supply or acquire, goods or services.
(4) For the purposes of the application of this section in relation to a
particular person, a provision of a dual listed company arrangement
or of a proposed dual listed company arrangement is taken to have,
or to be likely to have, the effect of substantially lessening
competition if that provision and any one or more of the following
provisions:
(a) the other provisions of that arrangement or proposed
arrangement;
Section 50
(3) Without limiting the matters that may be taken into account for the
purposes of subsection (1) in determining whether the acquisition
would have the effect, or be likely to have the effect, of
substantially lessening competition in a market, the following
matters must be taken into account:
(a) the actual and potential level of import competition in the
market;
(b) the height of barriers to entry to the market;
(c) the level of concentration in the market;
(d) the degree of countervailing power in the market;
(e) the likelihood that the acquisition would result in the acquirer
being able to significantly and sustainably increase prices or
profit margins;
(f) the extent to which substitutes are available in the market or
are likely to be available in the market;
(g) the dynamic characteristics of the market, including growth,
innovation and product differentiation;
Section 51
(h) the likelihood that the acquisition would result in the removal
from the market of a vigorous and effective competitor;
(i) the nature and extent of vertical integration in the market.
(4) Where:
(a) a person has entered into a contract to acquire shares in the
capital of a body corporate or assets of a person;
(b) the contract is subject to a condition that the provisions of the
contract relating to the acquisition will not come into force
unless and until the person has been granted an authorization
to acquire the shares or assets; and
(c) the person applied for the grant of such an authorization
before the expiration of 14 days after the contract was
entered into;
the acquisition of the shares or assets shall not be regarded for the
purposes of this Act as having taken place in pursuance of the
contract before:
(d) the application for the authorization is disposed of; or
(e) the contract ceases to be subject to the condition;
whichever first happens.
(5A) For the purposes of subsection (4), an application for an
authorisation is taken to be disposed of 14 days after the day the
Tribunal makes a determination on the application.
(6) In this section:
market means a market for goods or services in:
(a) Australia; or
(b) a State; or
(c) a Territory; or
(d) a region of Australia.
51 Exceptions
(1) In deciding whether a person has contravened this Part, the
following must be disregarded:
Section 51
Section 51
Section 51
Section 51
Section 51
Chapter 1—Introduction
1 Application of this Schedule
2 Definitions
3 Meaning of consumer
4 Misleading representations with respect to future matters
5 When donations are treated as supplies or acquisitions
6 Related bodies corporate
7 Meaning of manufacturer
8 Goods affixed to land or premises
9 Meaning of safety defect in relation to goods
10 Asserting a right to payment
11 References to acquisition, supply and re-supply
12 Application of Schedule in relation to leases and licences of land
and buildings
13 Loss or damage to include injury
14 Meaning of continuing credit contract
15 Contraventions of this Schedule
16 Severability
17 References to provisions in this Schedule
Chapter 4—Offences
Part 4-1—Offences relating to unfair practices
Division 1—False or misleading representations etc.
151 False or misleading representations about goods or services
152 False or misleading representations about sale etc. of land
153 Misleading conduct relating to employment
154 Offering rebates, gifts, prizes etc.
155 Misleading conduct as to the nature etc. of goods
156 Misleading conduct as to the nature etc. of services
157 Bait advertising
158 Wrongly accepting payment
159 Misleading representations about certain business activities
160 Application of provisions of this Division to information
providers
Division 2—Unsolicited supplies
161 Unsolicited cards etc.
162 Assertion of right to payment for unsolicited goods or services
163 Assertion of right to payment for unauthorised entries or
advertisements
Division 3—Pyramid schemes
164 Participation in pyramid schemes
Division 4—Pricing
165 Multiple pricing
166 Single price to be specified in certain circumstances
Division 5—Other unfair practices
167 Referral selling
168 Harassment and coercion
Part 4-6—Defences
207 Reasonable mistake of fact
208 Act or default of another person etc.
209 Publication of advertisements in the ordinary course of business
210 Supplying goods acquired for the purpose of re-supply
Part 4-7—Miscellaneous
212 Prosecutions to be commenced within 3 years
213 Preference must be given to compensation for victims
214 Penalties for contraventions of the same nature etc.
215 Penalties for previous contraventions of the same nature etc.
216 Granting of injunctions etc.
217 Criminal proceedings not to be brought for contraventions of
Chapter 2 or 3
Part 5-2—Remedies
Division 1—Pecuniary penalties
224 Pecuniary penalties
225 Pecuniary penalties and offences
226 Defence
227 Preference must be given to compensation for victims
228 Civil action for recovery of pecuniary penalties
229 Indemnification of officers
230 Certain indemnities not authorised and certain documents void
Division 2—Injunctions
232 Injunctions
233 Consent injunctions
234 Interim injunctions
235 Variation and discharge of injunctions
Division 3—Damages
236 Actions for damages
Division 4—Compensation orders etc. for injured persons and
orders for non-party consumers
Subdivision A—Compensation orders etc. for injured persons
237 Compensation orders etc. on application by an injured person or
the regulator
238 Compensation orders etc. arising out of other proceedings
Subdivision B—Orders for non-party consumers
239 Orders to redress etc. loss or damage suffered by non-party
consumers
240 Determining whether to make a redress order etc. for non-party
consumers
241 When a non-party consumer is bound by a redress order etc.
Subdivision C—Miscellaneous
242 Applications for orders
243 Kinds of orders that may be made
244 Power of a court to make orders
245 Interaction with other provisions
Division 5—Other remedies
246 Non-punitive orders
247 Adverse publicity orders
248 Order disqualifying a person from managing corporations
249 Privilege against exposure to penalty or forfeiture—
disqualification from managing corporations
250 Declarations relating to consumer contracts and small business
contracts
Division 6—Defences
251 Publication of advertisement in the ordinary course of business
252 Supplying consumer goods for the purpose of re-supply
253 Supplying product related services for the purpose of re-supply
Section 1
Chapter 1—Introduction
2 Definitions
(1) In this Schedule:
ABN has the meaning given by section 41 of the A New Tax
System (Australian Business Number) Act 1999.
acceptable quality: see sections 54(2) to (7).
ACN has the meaning given by section 9 of the Corporations Act
2001.
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.
Note: Section 5 deals with when receipt of a donation is an acquisition.
Section 2
Section 2
Section 2
Section 2
Section 2
Section 2
Section 2
Section 2
Section 2
National Credit Code has the meaning given by section 5(1) of the
National Consumer Credit Protection Act 2009.
negotiated by telephone: see section 78(3).
negotiation: see section 72.
new participant: see section 45(2).
non-linked credit contract: see section 287(5).
non-party consumer means:
(a) in relation to conduct referred to in section 239(1)(a)(i)—a
person who is not, or has not been, a party to an enforcement
proceeding in relation to the conduct; and
(b) in relation to a term of a contract referred to in
section 239(1)(a)(ii)—a person who is not, or has not been, a
party to an enforcement proceeding in relation to the term.
participant, in a pyramid scheme, means a person who participates
in the scheme.
participate, in a pyramid scheme: see section 44(3).
participation payment: see section 45(1)(a).
permanent ban: see sections 114(1) and (2).
post-supply fee: see section 99D(2).
premises means:
(a) an area of land or any other place (whether or not it is
enclosed or built on); or
(b) a building or other structure; or
(c) a vehicle, vessel or aircraft; or
(d) a part of any such premises.
price, of goods or services, means:
(a) the amount paid or payable (including any charge of any
description) for their acquisition; or
Section 2
Section 2
Section 2
Section 2
Section 2
Section 2
Section 3
3 Meaning of consumer
Section 3
Section 3
(c) if, at the time of the acquisition, goods or services of the kind
acquired could not have been purchased from any supplier
except by a mixed supply—the value of the goods or services
at that time.
Section 4
(b) the amount paid or payable by him or her for the goods or
services is increased because he or she so obtains credit;
obtaining the credit is taken for the purposes of subsection (3) to be
the acquisition of a service, and the amount paid or payable by him
or her for the service of being provided with the credit is taken to
include the amount of the increase.
Mixed supplies
(11) A purchase or other acquisition of goods or services is made by a
mixed supply if the goods or services are purchased or acquired
together with other property or services, or together with both other
property and other services.
Supplies to consumers
(12) In this Schedule, a reference to a supply of goods or services to a
consumer is a reference to a supply of goods or services to a person
who is taken to have acquired them as a consumer.
Section 5
Section 6
7 Meaning of manufacturer
(1) A manufacturer includes the following:
(a) a person who grows, extracts, produces, processes or
assembles goods;
(b) a person who holds himself or herself out to the public as the
manufacturer of goods;
(c) a person who causes or permits the name of the person, a
name by which the person carries on business or a brand or
mark of the person to be applied to goods supplied by the
person;
(d) a person (the first person) who causes or permits another
person, in connection with:
(i) the supply or possible supply of goods by that other
person; or
(ii) the promotion by that other person by any means of the
supply or use of goods;
Section 8
Section 10
Section 11
Section 12
Section 14
Section 15
16 Severability
(1) If the making of a contract after the commencement of this section
contravenes this Schedule because the contract includes a
particular provision, nothing in this Schedule affects the validity or
enforceability of the contract otherwise than in relation to that
provision, so far as that provision is severable.
(2) This section has effect subject to any order made under Division 4
of Part 5-2.
Section 18
Section 19
Section 19
Section 20
Section 22
Section 22
Section 22
Section 22A
Section 23
Section 24
24 Meaning of unfair
(1) A term of a consumer contract or small business contract is unfair
if:
(a) it would cause a significant imbalance in the parties’ rights
and obligations arising under the contract; and
(b) it is not reasonably necessary in order to protect the
legitimate interests of the party who would be advantaged by
the term; and
(c) it would cause detriment (whether financial or otherwise) to a
party if it were to be applied or relied on.
(2) In determining whether a term of a contract is unfair under
subsection (1), a court may take into account such matters as it
thinks relevant, but must take into account the following:
(a) the extent to which the term is transparent;
(b) the contract as a whole.
(3) A term is transparent if the term is:
(a) expressed in reasonably plain language; and
(b) legible; and
(c) presented clearly; and
(d) readily available to any party affected by the term.
(4) For the purposes of subsection (1)(b), a term of a contract is
presumed not to be reasonably necessary in order to protect the
legitimate interests of the party who would be advantaged by the
term, unless that party proves otherwise.
Section 25
(b) a term that permits, or has the effect of permitting, one party
(but not another party) to terminate the contract;
(c) a term that penalises, or has the effect of penalising, one
party (but not another party) for a breach or termination of
the contract;
(d) a term that permits, or has the effect of permitting, one party
(but not another party) to vary the terms of the contract;
(e) a term that permits, or has the effect of permitting, one party
(but not another party) to renew or not renew the contract;
(f) a term that permits, or has the effect of permitting, one party
to vary the upfront price payable under the contract without
the right of another party to terminate the contract;
(g) a term that permits, or has the effect of permitting, one party
unilaterally to vary the characteristics of the goods or
services to be supplied, or the interest in land to be sold or
granted, under the contract;
(h) a term that permits, or has the effect of permitting, one party
unilaterally to determine whether the contract has been
breached or to interpret its meaning;
(i) a term that limits, or has the effect of limiting, one party’s
vicarious liability for its agents;
(j) a term that permits, or has the effect of permitting, one party
to assign the contract to the detriment of another party
without that other party’s consent;
(k) a term that limits, or has the effect of limiting, one party’s
right to sue another party;
(l) a term that limits, or has the effect of limiting, the evidence
one party can adduce in proceedings relating to the contract;
(m) a term that imposes, or has the effect of imposing, the
evidential burden on one party in proceedings relating to the
contract;
(n) a term of a kind, or a term that has an effect of a kind,
prescribed by the regulations.
Section 26
Section 28
Section 29
Section 29
Section 30
(2) This section does not affect the application of any other provision
of Part 2-1 or this Part in relation to the supply or acquisition, or
the possible supply or acquisition, of interests in land.
Section 32
(2) If a person offers any rebate, gift, prize or other free item in
connection with:
(a) the supply or possible supply of goods or services; or
(b) the promotion by any means of the supply or use of goods or
services; or
(c) the sale or grant, or the possible sale or grant, of an interest in
land; or
(d) the promotion by any means of the sale or grant of an interest
in land;
the person must, within the time specified in the offer or (if no such
time is specified) within a reasonable time after making the offer,
provide the rebate, gift, prize or other free item in accordance with
the offer.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
Section 33
35 Bait advertising
(1) A person must not, in trade or commerce, advertise goods or
services for supply at a specified price if:
Section 36
(a) there are reasonable grounds for believing that the person
will not be able to offer for supply those goods or services at
that price for a period that is, and in quantities that are,
reasonable, having regard to:
(i) the nature of the market in which the person carries on
business; and
(ii) the nature of the advertisement; and
(b) the person is aware or ought reasonably to be aware of those
grounds.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
Section 36
Section 37
Section 38
Section 38
Section 39
(2) Subsection (1) does not apply unless the card or article is sent by or
on behalf of the person who issued it.
(3) A person must not take any action that enables another person who
has a credit card to use the card as a debit card, except in
accordance with the other person’s written request.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
(4) A person must not take any action that enables another person who
has a debit card to use the card as a credit card, except in
accordance with the other person’s written request.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
Section 40
Section 41
(b) does not contain a warning statement that complies with the
requirements set out in the regulations;
unless the person has reasonable cause to believe that there is a
right to the payment or charge.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
Section 42
Section 43
Section 43
Section 44
Section 46
Section 46
Section 47
Division 4—Pricing
47 Multiple pricing
(1) A person must not, in trade or commerce, supply goods if:
(a) the goods have more than one displayed price; and
(b) the supply takes place for a price that is not the lower, or
lowest, of the displayed prices.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
(2) A displayed price for goods is a price for the goods, or any
representation that may reasonably be inferred to be a
representation of a price for the goods:
(a) that is annexed or affixed to, or is written, printed, stamped
or located on, or otherwise applied to, the goods or any
covering, label, reel or thing used in connection with the
goods; or
(b) that is used in connection with the goods or anything on
which the goods are mounted for display or exposed for
supply; or
(c) that is determined on the basis of anything encoded on or in
relation to the goods; or
(d) that is published in relation to the goods in a catalogue
available to the public if:
(i) a time is specified in the catalogue as the time after
which the goods will not be sold at that price and that
time has not passed; or
(ii) in any other case—the catalogue may reasonably be
regarded as not out-of-date; or
(e) that is in any other way represented in a manner from which
it may reasonably be inferred that the price or representation
is applicable to the goods;
and includes such a price or representation that is partly obscured
by another such price or representation that is written, stamped or
located partly over that price or representation.
Section 48
(3) If:
(a) a price or representation is included in a catalogue; and
(b) the catalogue is expressed to apply only to goods supplied at
a specified location, or in a specified region;
the price or representation is taken, for the purposes of
subsection (2)(d), not to have been made in relation to supply of
the goods at a different location, or in a different region, as the case
may be.
(4) Despite subsection (2), a price or representation is not a displayed
price for goods if:
(a) the price or representation is wholly obscured by another
such price or representation that is written, stamped or
located wholly over that price or representation; or
(b) the price or representation:
(i) is expressed as a price per unit of mass, volume, length
or other unit of measure; and
(ii) is presented as an alternative means of expressing the
price for supply of the goods that is a displayed price for
the goods; or
(c) the price or representation is expressed as an amount in a
currency other than Australian currency; or
(d) the price or representation is expressed in a way that is
unlikely to be interpreted as an amount of Australian
currency.
(5) Despite subsection (2), a displayed price for goods that is a
displayed price because it has been published in a catalogue or
advertisement ceases to be a displayed price for the goods if:
(a) the displayed price is retracted; and
(b) the retraction is published in a manner that has at least a
similar circulation or audience as the catalogue or
advertisement.
Section 48
(2) A person is not required to include, in the single price for goods, a
charge that is payable in relation to sending the goods from the
supplier to the other person.
(3) However, if:
(a) the person does not include in the single price a charge that is
payable in relation to sending the goods from the supplier to
the other person; and
(b) the person knows, at the time of the representation, the
minimum amount of a charge in relation to sending the goods
from the supplier to the other person that must be paid by the
other person;
the person must not make the representation referred to in
subsection (1) unless the person also specifies that minimum
amount.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
Section 48
(5) For the purposes of subsection (1), the person is taken not to have
specified a single price for the goods or services in a prominent
way unless the single price is at least as prominent as the most
prominent of the parts of the consideration for the supply.
(6) Subsection (5) does not apply in relation to services to be supplied
under a contract if:
(a) the contract provides for the supply of the services for the
term of the contract; and
(b) the contract provides for periodic payments for the services
to be made during the term of the contract; and
(c) if the contract also provides for the supply of goods—the
goods are directly related to the supply of the services.
(7) The single price is the minimum quantifiable consideration for the
supply of the goods or services at the time of the representation,
including each of the following amounts (if any) that is
quantifiable at that time:
(a) a charge of any description payable to the person making the
representation by another person unless:
(i) the charge is payable at the option of the other person;
and
(ii) at or before the time of the representation, the other
person has either deselected the charge or not expressly
requested that the charge be applied;
(b) the amount which reflects any tax, duty, fee, levy or charge
imposed on the person making the representation in relation
to the supply;
Section 48
Section 49
49 Referral selling
A person must not, in trade or commerce, induce a consumer to
acquire goods or services by representing that the consumer will,
after the contract for the acquisition of the goods or services is
made, receive a rebate, commission or other benefit in return for:
(a) giving the person the names of prospective customers; or
(b) otherwise assisting the person to supply goods or services to
other consumers;
if receipt of the rebate, commission or other benefit is contingent
on an event occurring after that contract is made.
Note: A pecuniary penalty may be imposed for a contravention of this
section.
(2) Subsections (1)(c) and (d) do not affect the application of any other
provision of Part 2-1 or this Part in relation to the supply or
acquisition, or the possible supply or acquisition, of interests in
land.
Section 51
51 Guarantee as to title
(1) If a person (the supplier) supplies goods to a consumer, there is a
guarantee that the supplier will have a right to dispose of the
property in the goods when that property is to pass to the
consumer.
(2) Subsection (1) does not apply to a supply (a supply of limited title)
if an intention that the supplier of the goods should transfer only
such title as the supplier, or another person, may have:
(a) appears from the contract for the supply; or
(b) is to be inferred from the circumstances of that contract.
(3) This section does not apply if the supply is a supply by way of hire
or lease.
Section 53
Section 54
Note: Section 339 of the Personal Property Securities Act 2009 affects the
meaning of the references in this subsection to a floating charge and a
fixed charge.
(3) If:
(a) a person (the supplier) supplies goods to a consumer; and
(b) the supply is a supply of limited title;
there is a guarantee that all securities, charges or encumbrances
known to the supplier, and not known to the consumer, were
disclosed to the consumer before the consumer agreed to the
supply.
(4) This section does not apply if the supply is a supply by way of hire
or lease.
Section 54
Section 55
Section 57
Section 59
Section 60
Section 62
Section 64
Section 64A
Section 65
Subdivision D—Miscellaneous
66 Display notices
(1) The Commonwealth Minister may determine, in writing, that
persons (the suppliers) who make supplies, or supplies of a
specified kind, to which guarantees apply under this Division are
required to display, in accordance with the determination, a notice
that meets the requirements of the determination.
(2) A supplier who makes a supply to a consumer to which a guarantee
applies under this Division, and to which such a determination
relates, must ensure that a notice that meets those requirements is,
in accordance with the determination:
(a) if the consumer takes delivery of the goods or services at the
supplier’s premises—displayed at those premises; or
(b) otherwise—drawn to the consumer’s attention before the
consumer agrees to the supply of the goods.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
Section 67
67 Conflict of laws
If:
(a) the proper law of a contract for the supply of goods or
services to a consumer would be the law of any part of
Australia but for a term of the contract that provides
otherwise; or
(b) a contract for the supply of goods or services to a consumer
contains a term that purports to substitute, or has the effect of
substituting, the following provisions for all or any of the
provisions of this Division:
(i) the provisions of the law of a country other than
Australia;
(ii) the provisions of the law of a State or a Territory;
the provisions of this Division apply in relation to the supply under
the contract despite that term.
Section 69
Section 70
(1A) The consumer is not taken, for the purposes of subsection (1)(c), to
have invited the dealer to come to that place, or to make a
telephone call, merely because the consumer has:
(a) given his or her name or contact details other than for the
predominant purpose of entering into negotiations relating to
the supply of the goods or services referred to in
subsection (1)(c); or
(b) contacted the dealer in connection with an unsuccessful
attempt by the dealer to contact the consumer.
(2) An invitation merely to quote a price for a supply is not taken, for
the purposes of subsection (1)(c), to be an invitation to enter into
negotiations for a supply.
(3) An agreement is also an unsolicited consumer agreement if it is an
agreement of a kind that the regulations provide are unsolicited
consumer agreements.
(4) However, despite subsections (1) and (3), an agreement is not an
unsolicited consumer agreement if it is an agreement of a kind
that the regulations provide are not unsolicited consumer
agreements.
Section 71
71 Meaning of dealer
A dealer is a person who, in trade or commerce:
(a) enters into negotiations with a consumer with a view to
making an agreement for the supply of goods or services to
the consumer; or
(b) calls on, or telephones, a consumer for the purpose of
entering into such negotiations;
whether or not that person is, or is to be, the supplier of the goods
or services.
72 Meaning of negotiation
A negotiation, in relation to an agreement or a proposed
agreement, includes any discussion or dealing directed towards the
making of the agreement or proposed agreement (whether or not
the terms of the agreement or proposed agreement are open to any
discussion or dealing).
Section 74
(c) after 6 pm on any other day (or after 5 pm if the other day is
a Saturday).
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
(2) Subsection (1) does not apply if the dealer calls on the person in
accordance with consent that:
(a) was given by the person to the dealer or a person acting on
the dealer’s behalf; and
(b) was not given in the presence of the dealer or a person acting
on the dealer’s behalf.
Note: The Do Not Call Register Act 2006 may apply to a telephone call
made for the purpose of negotiating an unsolicited consumer
agreement.
Section 76
(a) the occupier of the premises, or any person acting with the
actual or apparent authority of the occupier; or
(b) the person (the prospective consumer) with whom the
negotiations are being conducted.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
(2) If the prospective consumer makes such a request, the dealer must
not contact the prospective consumer for the purpose of negotiating
an unsolicited consumer agreement (or for an incidental or related
purpose) for at least 30 days after the prospective consumer makes
the request.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
(3) If the dealer is not, or is not to be, the supplier of the goods or
services to which the negotiations relate:
(a) subsection (2) applies to that supplier, and any person acting
on behalf of that supplier, in the same way that it applies to
the dealer; but
(b) subsection (2) does not apply to the dealer contacting the
prospective customer in relation to a supply by another
supplier.
Section 77
Section 79
days after the agreement was made or such longer period agreed by
the parties, give to the consumer under the agreement:
(a) personally; or
(b) by post; or
(c) with the consumer’s consent—by electronic communication;
a document (the agreement document) evidencing the agreement.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
Section 80
Section 81
Section 82
Section 83
83 Effect of termination
(1) If an unsolicited consumer agreement is terminated in accordance
with section 82:
(a) the agreement is taken to have been rescinded by mutual
consent; and
(b) any related contract or instrument is void.
(2) A related contract or instrument, in relation to an unsolicited
consumer agreement, is:
(a) any contract of guarantee or indemnity that is related to the
agreement; or
(b) any instrument related to the agreement that creates a
mortgage or charge in favour of the supplier under the
contract or the dealer in relation to the contract (or a person
nominated by the supplier or dealer); or
(c) any contract or instrument (other than an instrument of a kind
referred to in paragraph (b)) that is collateral or related to the
agreement;
but does not include a tied continuing credit contract (within the
meaning of section 127(2) of Schedule 1 to the National Consumer
Section 84
Section 85
(b) the supplier does not collect the goods within 30 days after
the termination of the contract.
(3) If:
(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
(b) the consumer returns the goods to the supplier, or the
supplier collects the goods, under this section; and
(c) the consumer has failed to take reasonable care of the goods;
the consumer is liable to pay compensation to the supplier for the
damage to, or depreciation in the value of, the goods.
(4) The compensation is recoverable in a court of competent
jurisdiction.
(5) However, the consumer is not liable for any such damage or
depreciation attributable to normal use of the goods or to
circumstances beyond the consumer’s control.
(6) If:
(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
Section 86
Section 87
Section 89
Subdivision E—Miscellaneous
Section 90
90 Waiver of rights
(1) The consumer under an unsolicited consumer agreement is not
competent to waive any right conferred by this Division.
(2) The supplier under the unsolicited consumer agreement must not
induce, or attempt to induce, the consumer to waive any right
conferred by this Division.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
Section 93
Section 96
Section 98
99 Effect of termination
(1) If a lay-by agreement is terminated by a party to the agreement, the
supplier must refund to the consumer all the amounts paid by the
consumer under the agreement other than any termination charge
that is payable under the agreement.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
Section 99
Section 99A
(2) If:
(a) a gift card is, in trade or commerce, supplied to a consumer;
and
(b) the day that the gift card ceases to be redeemable is earlier
than 3 years after the day of that supply;
the day that the gift card ceases to be redeemable is taken to be 3
years after the day of that supply.
(3) Subsection (2) does not affect a person’s liability for an alleged
contravention of subsection (1) or section 191A.
Section 99C
Section 99F
(3) This section does not affect a person’s liability for an alleged
contravention of:
(a) section 99B(1); or
(b) section 99C; or
(c) section 99D(1); or
(d) section 99E; or
(e) section 191A; or
(f) section 191B; or
(g) section 191C; or
(h) section 191D.
Subdivision C—Miscellaneous
Section 99G
Section 100
Division 4—Miscellaneous
(2) If:
(a) a person (the supplier), in trade or commerce, supplies goods
or services to a consumer; and
(b) the total price (excluding GST) of the goods or services is
less than $75;
the consumer may request a proof of transaction from the supplier
as soon as practicable after the goods or services are so supplied.
(3) If a request is made under subsection (2), the supplier must give
the proof of transaction within 7 days after the request is made.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
Section 101
(5) The supplier must ensure that the proof of transaction given under
subsection (1) or (3) is transparent.
(4) The supplier must not charge the consumer for the itemised bill.
Section 102
(5) The supplier must ensure that the itemised bill is transparent.
Section 103
Section 104
Section 105
106 Supplying etc. consumer goods that do not comply with safety
standards
(1) A person must not, in trade or commerce, supply consumer goods
of a particular kind if:
(a) a safety standard for consumer goods of that kind is in force;
and
(b) those goods do not comply with the standard.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
Section 106
(2) A person must not, in trade or commerce, offer for supply (other
than for export) consumer goods the supply of which is prohibited
by subsection (1).
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
Section 107
107 Supplying etc. product related services that do not comply with
safety standards
(1) A person must not, in trade or commerce, supply product related
services of particular kind if:
(a) a safety standard for services of that kind is in force; and
(b) those services do not comply with the standard.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
(2) A person must not, in trade or commerce, offer for supply product
related services the supply of which is prohibited by subsection (1).
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
(3) If:
(a) a person supplies product related services in contravention of
this section; and
(b) another person suffers loss or damage:
(i) because of defect in, or a dangerous characteristic of,
consumer goods that results from the services being
supplied; or
(ii) because of a reasonably foreseeable use (including a
misuse) of consumer goods that results from the
services being supplied; or
Section 108
Section 109
Section 110
Section 112
Section 113
Section 115
Section 118
(2) A person must not, in trade or commerce, offer for supply (other
than for export) consumer goods the supply of which is prohibited
by subsection (1).
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
Section 119
(2) A person must not, in trade or commerce, offer for supply product
related services the supply of which is prohibited by subsection (1).
Section 120
(3) If:
(a) a person supplies product related services in contravention of
subsection (1); and
(b) another person suffers loss or damage:
(i) because of a defect in, or a dangerous characteristic of,
consumer goods that results from the services being
supplied; or
(ii) because of a reasonably foreseeable use (including a
misuse) of consumer goods that results from the
services being supplied;
the other person is taken, for the purposes of this Schedule, to have
suffered the loss or damage because of that supply.
Section 121
Section 122
Section 123
Section 124
(a) the supplier undertakes to refund the price of the goods; and
(b) a period of more than 12 months has elapsed since a person
(whether or not the person to whom the refund is to be made)
acquired the goods from the supplier;
the amount of a refund may be reduced by the supplier by an
amount calculated in a manner specified in the notice that is
attributable to the use which a person has had of the goods.
Section 125
Section 127
(2) If a recall notice for consumer goods is in force, a person must not,
in trade or commerce:
(a) if the notice identifies a defect in, or a dangerous
characteristic of, the consumer goods—supply consumer
goods of the kind to which the notice relates which contain
that defect or have that characteristic; or
(b) in any other case—supply consumer goods of the kind to
which the notice relates.
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
(3) If:
(a) a person contravenes subsection (1) or (2) in relation to
consumer goods; and
(b) another person suffers loss or damage:
Section 128
Section 128
Section 129
Section 130
Section 131
Section 131
Section 132
Section 132
Section 132A
Section 132A
Section 133
Division 6—Miscellaneous
Section 134
Section 136
(2) A person must not, in trade or commerce, offer for supply goods
the supply of which is prohibited by subsection (1).
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
Section 137
Section 137A
(2) A person must not, in trade or commerce, offer for supply services
the supply of which is prohibited by subsection (1).
Note: A pecuniary penalty may be imposed for a contravention of this
subsection.
(3) If:
(a) a person (the supplier) supplies services in contravention of
subsection (1) or (2); and
(b) another person suffers loss or damage because, contrary to
the information standard, he or she was not provided with
particular information in relation to the services; and
(c) the other person would not have suffered the loss or damage
if the supplier had complied with the information standard;
the other person is taken, for the purposes of this Schedule, to have
suffered the loss or damage because of that supply.
Section 137A
Section 138
Section 140
Section 142
Section 143
Section 147
Section 149
in subsection (1), have succeeded against the person (other than the
Commonwealth) against which the action is brought, then:
(a) the Commonwealth, and not the person (other than the
Commonwealth) against which the action is brought, is liable
to pay the plaintiff for the amount of the loss or damage
caused by the safety defect; and
(b) the court is to enter judgment against the Commonwealth for
that amount; and
(c) the court may make such orders for costs as the court
considers just.
Section 150
Division 3—Miscellaneous
Section 151
Chapter 4—Offences
Part 4-1—Offences relating to unfair practices
Division 1—False or misleading representations etc.
Section 151
Section 152
Penalty
(5) An offence against subsection (1) committed by a body corporate
is punishable on conviction by a fine of not more than the greater
of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(6) An offence against subsection (1) committed by a person other
than a body corporate is punishable on conviction by a fine of not
more than $500,000.
Section 153
Penalty
(2A) An offence against subsection (1) committed by a body corporate
is punishable on conviction by a fine of not more than the greater
of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(2B) An offence against subsection (1) committed by a person other
than a body corporate is punishable on conviction by a fine of not
more than $500,000.
Other
(3) This section does not affect the application of any other provision
of this Part in relation to the supply or acquisition, or the possible
supply or acquisition, of interests in land.
Section 154
Penalty
(3) An offence against subsection (1) committed by a body corporate
is punishable on conviction by a fine of not more than the greater
of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(4) An offence against subsection (1) committed by a person other
than a body corporate is punishable on conviction by a fine of not
more than $500,000.
Section 154
Section 155
(b) the other person agrees to receive the different rebate, gift,
prize or other free item.
(5) Strict liability applies to subsections (1)(b) and (2)(b).
Penalty
(5A) An offence against subsection (1) or (2) committed by a body
corporate is punishable on conviction by a fine of not more than
the greater of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(5B) An offence against subsection (1) or (2) committed by a person
other than a body corporate is punishable on conviction by a fine of
not more than $500,000.
Other
(6) This section does not affect the application of any other provision
of this Part in relation to the supply or acquisition, or the possible
supply or acquisition, of interests in land.
Section 156
Penalty
(3) An offence against subsection (1) committed by a body corporate
is punishable on conviction by a fine of not more than the greater
of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(4) An offence against subsection (1) committed by a person other
than a body corporate is punishable on conviction by a fine of not
more than $500,000.
Penalty
(3) An offence against subsection (1) committed by a body corporate
is punishable on conviction by a fine of not more than the greater
of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
Section 157
Section 157
Penalty
(3A) An offence against subsection (1) or (2) committed by a body
corporate is punishable on conviction by a fine of not more than
the greater of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(3B) An offence against subsection (1) or (2) committed by a person
other than a body corporate is punishable on conviction by a fine of
not more than $500,000.
Defence
(4) In a prosecution of a person (the defendant) under subsection (2),
for failing to offer goods or services to another person (the
customer), it is a defence if:
(a) the defendant proves that:
(i) he or she offered to supply, or to procure a third person
to supply, goods or services of the kind advertised to the
customer within a reasonable time, in a reasonable
quantity and at the advertised price; or
(ii) he or she offered to supply immediately, or to procure a
third person to supply within a reasonable time,
equivalent goods or services to the customer in a
reasonable quantity and at the price at which the
first-mentioned goods or services were advertised; and
(b) in either case, if the offer was accepted by the customer, the
defendant proves that he or she has so supplied, or procured a
third person to supply, the goods or services.
Section 158
Section 158
Penalty
(10A) An offence against subsection (1), (3), (5) or (7) committed by a
body corporate is punishable on conviction by a fine of not more
than the greater of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
Section 159
Other
(11) Subsections (1), (3), (5) and (7) apply whether or not the payment
or other consideration that the person accepted represents the
whole or a part of the payment or other consideration for the
supply of the goods or services.
Section 160
Penalty
(4) An offence against subsection (1) or (2) committed by a body
corporate is punishable on conviction by a fine of not more than
the greater of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(5) An offence against subsection (1) or (2) committed by a person
other than a body corporate is punishable on conviction by a fine of
not more than $500,000.
Section 160
Section 161
Section 162
(5) Subsection (3) or (4) does not apply if the person takes the action
in accordance with the other person’s written request.
(6) Subsections (1), (3) and (4) are offences of strict liability.
Penalty
(7) An offence against subsection (1), (3) or (4) committed by a body
corporate is punishable on conviction by a fine of not more than
the greater of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(8) An offence against subsection (1), (3) or (4) committed by a person
other than a body corporate is punishable on conviction by a fine of
not more than $500,000.
Section 163
(b) does not contain a warning statement that complies with the
requirements set out in the regulations made for the purposes
of section 40(3)(b).
(4) Subsection (1), (2) or (3) does not apply if the person proves that
he or she had reasonable cause to believe that there was a right to
the payment or charge.
(5) Subsections (1), (2) and (3) are offences of strict liability.
Penalty
(6) An offence against subsection (1), (2) or (3) committed by a body
corporate is punishable on conviction by a fine of not more than
the greater of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(7) An offence against subsection (1), (2) or (3) committed by a person
other than a body corporate is punishable on conviction by a fine of
not more than $500,000.
Section 163
Penalty
(5A) An offence against subsection (1) or (2) committed by a body
corporate is punishable on conviction by a fine of not more than
the greater of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
Section 163
Other
(6) A person is not taken for the purposes of this section to have
authorised the placing of the entry or advertisement, unless:
(a) a document authorising the placing of the entry or
advertisement has been signed by the person or by another
person authorised by him or her; and
(b) a copy of the document has been given to the person before
the right to payment of a charge for the placing of the entry
or advertisement is asserted; and
(c) the document specifies:
(i) the name and address of the person publishing the entry
or advertisement; and
(ii) particulars of the entry or advertisement; and
(iii) the amount of the charge for the placing of the entry or
advertisement, or the basis on which the charge is, or is
to be, calculated.
Section 164
Penalty
(4) An offence against subsection (1) or (2) committed by a body
corporate is punishable on conviction by a fine of not more than
the greater of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(5) An offence against subsection (1) or (2) committed by a person
other than a body corporate is punishable on conviction by a fine of
not more than $500,000.
Section 165
Division 4—Pricing
Section 166
Penalty
(8) An offence against subsection (1) committed by a body corporate
is punishable on conviction by a fine of not more than the greater
of the following:
(a) $10,000,000;
Section 166
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(9) An offence against subsection (1) committed by a person other
than a body corporate is punishable on conviction by a fine of not
more than $500,000.
Section 167
Penalty
(3) An offence against subsection (1) committed by a body corporate
is punishable on conviction by a fine of not more than the greater
of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
Section 168
Penalty
(2A) An offence against subsection (1) committed by a body corporate
is punishable on conviction by a fine of not more than the greater
of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(2B) An offence against subsection (1) committed by a person other
than a body corporate is punishable on conviction by a fine of not
more than $500,000.
Section 168
Other
(3) Subsections (1)(b)(iii) and (iv) do not affect the application of any
other provision of this Part in relation to the supply or acquisition,
or the possible supply or acquisition, of interests in land.
Section 169
Section 170
Section 172
Section 173
Section 174
(d) the form in which, and the way in which, the person is given
the information does not comply with any other requirements
prescribed by regulations made for the purposes of
section 76(d).
Penalty:
(a) if the person is a body corporate—$50,000; or
(b) if the person is not a body corporate—$10,000.
(2) If:
(a) a dealer contravenes subsection (1) in relation to an
unsolicited consumer agreement; and
(b) the dealer is not, or is not to be, the supplier of the goods or
services to which the agreement relates;
the supplier of the goods or services is also taken to have
contravened subsection (1) in relation to the agreement.
(3) Subsection (1) is an offence of strict liability.
Section 175
(b) the dealer does not, within 5 business days after the
agreement was made or such longer period agreed by the
parties, give to the consumer under the agreement:
(i) personally; or
(ii) by post; or
(iii) with the consumer’s consent—by electronic
communication;
an agreement document evidencing the agreement.
Penalty:
(a) if the person is a body corporate—$50,000; or
(b) if the person is not a body corporate—$10,000.
(3) Subsections (1) and (2) are offences of strict liability.
Section 176
Section 177
Section 178
Section 180
Section 182
Subdivision D—Miscellaneous
Section 183
Section 185
Section 188
Section 190
Penalty:
(a) if the person is a body corporate—$30,000; or
(b) if the person is not a body corporate—$6,000.
(4) Subsections (1) and (3) are offences of strict liability.
Section 191A
Section 191C
Section 191E
Section 192
Division 4—Miscellaneous
Section 194
194 Supplying etc. consumer goods that do not comply with safety
standards
(1) A person commits an offence if:
(a) the person, in trade or commerce, supplies consumer goods
of a particular kind; and
(b) a safety standard for consumer goods of that kind is in force;
and
(c) those goods do not comply with the standard.
(2) A person commits an offence if:
(a) the person, in trade or commerce, offers for supply (other
than for export) consumer goods of a particular kind; and
(b) a safety standard for consumer goods of that kind is in force;
and
(c) those goods do not comply with the standard.
(3) A person commits an offence if:
(a) the person, in or for the purposes of trade or commerce,
manufactures, possesses or has control of consumer goods of
a particular kind; and
(b) a safety standard for consumer goods of that kind is in force;
and
(c) those goods do not comply with the standard.
(4) Subsection (3) does not apply if the person does not manufacture,
possess or control the goods for the purpose of supplying the goods
(other than for export).
(5) A person commits an offence if:
Section 195
Penalty
(8) An offence against subsection (1), (2), (3) or (5) committed by a
body corporate is punishable on conviction by a fine of not more
than the greater of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(9) An offence against subsection (1), (2), (3) or (5) committed by a
person other than a body corporate is punishable on conviction by
a fine of not more than $500,000.
195 Supplying etc. product related services that do not comply with
safety standards
(1) A person commits an offence if:
(a) the person, in trade or commerce, supplies product related
services of a particular kind; and
Section 196
Penalty
(4) An offence against subsection (1) or (2) committed by a body
corporate is punishable on conviction by a fine of not more than
the greater of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(5) An offence against subsection (1) or (2) committed by a person
other than a body corporate is punishable on conviction by a fine of
not more than $500,000.
Section 196
Section 197
Section 198
Penalty
(8) An offence against subsection (1), (2), (3) or (5) committed by a
body corporate is punishable on conviction by a fine of not more
than the greater of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(9) An offence against subsection (1), (2), (3) or (5) committed by a
person other than a body corporate is punishable on conviction by
a fine of not more than $500,000.
Section 198
Penalty
(4) An offence against subsection (1) or (2) committed by a body
corporate is punishable on conviction by a fine of not more than
the greater of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(5) An offence against subsection (1) or (2) committed by a person
other than a body corporate is punishable on conviction by a fine of
not more than $500,000.
Section 199
Penalty
(4) An offence against subsection (1) or (2) committed by a body
corporate is punishable on conviction by a fine of not more than
the greater of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
Section 200
Section 201
(b) the person refuses or fails to give the copy as required by that
section.
Penalty:
(a) if the person is a body corporate—$16,650; or
(b) if the person is not a body corporate—$3,330.
(3) Subsections (1) and (2) are offences of strict liability.
Section 202
Section 203
Section 203
Penalty
(9) An offence against subsection (1), (2) or (3) committed by a body
corporate is punishable on conviction by a fine of not more than
the greater of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
(10) An offence against subsection (1), (2) or (3) committed by a person
other than a body corporate is punishable on conviction by a fine of
not more than $500,000.
Section 204
Penalty
(4) An offence against subsection (1) or (2) committed by a body
corporate is punishable on conviction by a fine of not more than
the greater of the following:
(a) $10,000,000;
(b) if the court can determine the value of the benefit that the
body corporate, and any body corporate related to the body
corporate, have obtained directly or indirectly and that is
reasonably attributable to the commission of the offence—3
times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10%
of the annual turnover of the body corporate during the
12-month period ending at the end of the month in which the
body corporate committed, or began committing, the offence.
Section 204
Section 205
Section 206
Section 207
Part 4-6—Defences
Section 209
Section 210
(a) the goods were acquired by the defendant for the purpose of
re-supply; and
(b) the goods were so acquired from a person who carried on in
Australia a business of supplying such goods otherwise than
as the agent of a person outside Australia; and
(c) in the case of a contravention of section 194—the defendant:
(i) did not know, and could not with reasonable diligence
have ascertained, that the goods did not comply with the
safety standard to which the contravention relates; or
(ii) relied in good faith on a representation by the person
from whom the defendant acquired the goods that there
was no safety standard for such goods; and
(d) in the case of a contravention of section 203—the defendant:
(i) did not know, and could not with reasonable diligence
have ascertained, that the defendant had not complied
with the information standard to which the
contravention relates; or
(ii) relied in good faith on a representation by the person
from whom the defendant acquired the goods that there
was no information standard for such goods.
Note: Section 194 is about supply of consumer goods that do not comply
with safety standards, and section 203 is about supply of goods that do
not comply with information standards.
Section 211
Section 212
Part 4-7—Miscellaneous
Section 214
Section 216
Section 217
Section 218
Section 219
Section 220
Section 221
Section 222
Section 223
Section 224
Part 5-2—Remedies
Division 1—Pecuniary penalties
Section 224
Section 224
Section 224
Section 224
Section 225
Section 226
226 Defence
If, in proceedings under section 224 against a person other than a
body corporate, it appears to a court that the person has, or may
have:
(a) engaged in conduct in contravention of a provision referred
to in subsection (1)(a) of that section; or
(b) engaged in conduct referred to in subsection (1)(b), (c), (d),
(e) or (f) of that section that relates to a contravention of such
a provision;
but that the person acted honestly and reasonably and, having
regard to all the circumstances of the case, ought fairly to be
excused, the court may relieve the person either wholly or partly
from liability to a pecuniary penalty under that section.
Section 228
Section 232
Division 2—Injunctions
232 Injunctions
(1) A court may grant an injunction, in such terms as the court
considers appropriate, if the court is satisfied that a person has
engaged, or is proposing to engage, in conduct that constitutes or
would constitute:
(a) a contravention of a provision of Chapter 2, 3 or 4; or
(b) attempting to contravene such a provision; or
(c) aiding, abetting, counselling or procuring a person to
contravene such a provision; or
(d) inducing, or attempting to induce, whether by threats,
promises or otherwise, a person to contravene such a
provision; or
(e) being in any way, directly or indirectly, knowingly concerned
in, or party to, the contravention by a person of such a
provision; or
(f) conspiring with others to contravene such a provision.
(2) The court may grant the injunction on application by the regulator
or any other person.
(3) Subsection (1) applies in relation to conduct constituted by
applying or relying on, or purporting to apply or rely on, a term of
a contract that has been declared under section 250 to be an unfair
term as if the conduct were a contravention of a provision of
Chapter 2.
(4) The power of the court to grant an injunction under subsection (1)
restraining a person from engaging in conduct may be exercised:
(a) whether or not it appears to the court that the person intends
to engage again, or to continue to engage, in conduct of a
kind referred to in that subsection; and
(b) whether or not the person has previously engaged in conduct
of that kind; and
Section 233
Section 234
Section 236
Division 3—Damages
Section 237
(2) The order must be an order that the court considers will:
(a) compensate the injured person, or any such injured persons,
in whole or in part for the loss or damage; or
(b) prevent or reduce the loss or damage suffered, or likely to be
suffered, by the injured person or any such injured persons.
(3) An application under subsection (1) may be made at any time
within 6 years after the day on which:
Section 238
(2) The order must be an order that the court considers will:
(a) compensate the injured person in whole or in part for the loss
or damage; or
(b) prevent or reduce the loss or damage.
Section 239
Section 240
Section 242
(2) Any other order made under section 239(1) that relates to that loss
or damage has no effect in relation to the non-party consumer.
(3) Despite any other provision of:
(a) this Schedule; or
(b) any other law of the Commonwealth, or a State or a
Territory;
no claim, action or demand may be made or taken against the
person by the non-party consumer in relation to that loss or
damage.
Subdivision C—Miscellaneous
Section 244
(b) an order:
(i) varying such a contract or arrangement in such manner
as is specified in the order; and
(ii) if the court thinks fit—declaring the contract or
arrangement to have had effect as so varied on and after
such date as is specified in the order (which may be a
date that is before the date on which the order is made);
(c) an order refusing to enforce any or all of the provisions of
such a contract or arrangement;
(d) an order directing the respondent to refund money or return
property to the injured person;
(e) except if the order is to be made under section 239(1)—an
order directing the respondent to pay the injured person the
amount of the loss or damage;
(f) an order directing the respondent, at his or her own expense,
to repair, or provide parts for, goods that had been supplied
by the respondent to the injured person;
(g) an order directing the respondent, at his or her own expense,
to supply specified services to the injured person;
(h) an order, in relation to an instrument creating or transferring
an interest in land, directing the respondent to execute an
instrument that:
(i) varies, or has the effect of varying, the first mentioned
instrument; or
(ii) terminates or otherwise affects, or has the effect of
terminating or otherwise affecting, the operation or
effect of the first mentioned instrument.
Section 245
Section 246
Section 247
Section 248
Section 249
(4) For the purposes of this Schedule (other than this section or
section 249), an order under this section is not a penalty.
Section 250
Section 251
Division 6—Defences
Section 253
(i) the defendant did not know, and could not with
reasonable diligence have ascertained, that the
consumer goods did not comply with that safety
standard, or that the defendant had not complied with
that information standard, as the case may be; or
(ii) the defendant relied in good faith on a representation by
the person from whom the defendant acquired the goods
that there was no safety standard or information
standard, as the case may be, for such consumer goods.
(3) A defendant is not entitled to rely on the defence provided by
subsection (2) unless:
(a) the court gives leave; or
(b) the defendant has, not later than 7 days before the day on
which the hearing of the proceeding commences, served on
the person who instituted the proceeding a written notice
identifying the person from whom the defendant acquired the
consumer goods.
Section 253
(c) either:
(i) the defendant did not know, and could not with
reasonable diligence have ascertained, that the product
related services did not comply with that safety
standard, or that the defendant had not complied with
that information standard, as the case may be; or
(ii) the defendant relied in good faith on a representation by
the person from whom the defendant acquired the goods
that there was no safety standard or information
standard, as the case may be, for such product related
services.
(3) A defendant is not entitled to rely on the defence provided by
subsection (2) unless:
(a) the court gives leave; or
(b) the defendant has, not later than 7 days before the day on
which the hearing of the proceeding commences, served on
the person who instituted the proceeding a written notice
identifying the person from whom the defendant acquired the
product related services.
Section 254
254 Overview
This Part provides that certain country of origin representations
made about goods do not contravene:
(a) section 18 (which deals with misleading or deceptive
conduct); or
(b) section 29(1)(a) or (k) or 151(1)(a) or (k) (which deal with
false or misleading representations).
Section 255
Section 258
Section 259
Section 260
Section 261
(d) the goods are unfit for a disclosed purpose that was made
known to:
(i) the supplier of the goods; or
(ii) a person by whom any prior negotiations or
arrangements in relation to the acquisition of the goods
were conducted or made;
and they cannot, easily and within a reasonable time, be
remedied to make them fit for such a purpose; or
(e) the goods are not of acceptable quality because they are
unsafe.
Section 263
(d) the goods have been attached to, or incorporated in, any real
or personal property and they cannot be detached or isolated
without damaging them.
(2) The rejection period for goods is the period from the time of the
supply of the goods to the consumer within which it would be
reasonable to expect the relevant failure to comply with a
guarantee referred to in section 259(1)(b) to become apparent
having regard to:
(a) the type of goods; and
(b) the use to which a consumer is likely to put them; and
(c) the length of time for which it is reasonable for them to be
used; and
(d) the amount of use to which it is reasonable for them to be put
before such a failure becomes apparent.
Section 264
Section 266
Section 267
Section 268
Section 270
Section 270
Section 271
Section 272
(4) Subsection (3) does not apply if the guarantee under section 56 is
not complied with only because of:
(a) an act, default or omission of any person other than the
manufacturer or an employee or agent of the manufacturer; or
(b) a cause independent of human control that occurred after the
goods left the control of the manufacturer.
(5) If:
(a) the guarantee under section 58 or 59(1) applies to a supply of
goods to a consumer; and
(b) the guarantee is not complied with;
an affected person in relation to the goods may, by action against
the manufacturer of the goods, recover damages from the
manufacturer.
(6) If an affected person in relation to goods has, in accordance with
an express warranty given or made by the manufacturer of the
goods, required the manufacturer to remedy a failure to comply
with a guarantee referred to in subsection (1), (3) or (5):
(a) by repairing the goods; or
(b) by replacing the goods with goods of an identical type;
then, despite that subsection, the affected person is not entitled to
commence an action under that subsection to recover damages of a
kind referred to in section 272(1)(a) unless the manufacturer has
refused or failed to remedy the failure, or has failed to remedy the
failure within a reasonable time.
(7) The affected person in relation to the goods may commence an
action under this section whether or not the goods are in their
original packaging.
Section 273
(a) any reduction in the value of the goods, resulting from the
failure to comply with the guarantee to which the action
relates, below whichever of the following prices is lower:
(i) the price paid or payable by the consumer for the goods;
(ii) the average retail price of the goods at the time of
supply; and
(b) any loss or damage suffered by the affected person because
of the failure to comply with the guarantee to which the
action relates if it was reasonably foreseeable that the
affected person would suffer such loss or damage as a result
of such a failure.
(2) Without limiting subsection (1)(b), the cost of inspecting and
returning the goods to the manufacturer is taken to be a reasonably
foreseeable loss suffered by the affected person as a result of the
failure to comply with the guarantee.
(3) Subsection (1)(b) does not apply to loss or damage suffered
through a reduction in the value of the goods.
Section 274
Division 3—Miscellaneous
Section 275
(4) The supplier may commence the action at any time within 3 years
after the earliest of the following days:
(a) the day, or the first day, as the case may be, on which the
supplier made a payment with respect to, or otherwise
discharged in whole or in part, the liability of the supplier to
the consumer;
(b) the day on which a proceeding was commenced by the
consumer against the supplier with respect to that liability or,
if more than one such proceeding was commenced, the day
on which the first such proceeding was commenced.
Section 276A
(2) A term of a contract is not taken, for the purposes of this section, to
exclude, restrict or modify the application of a provision of this
Part unless the term does so expressly or is inconsistent with the
provision.
(3) This section does not apply to a term of a contract that is a term
referred to in section 276A(4).
Section 277
Section 278
Section 279
Section 280
Section 281
Section 282
(c) the amount of costs (if any) awarded by that court against the
credit provider or supplier, or both.
Section 283
Section 284
Section 285
286 Joint liability proceedings and recovery under section 135 of the
National Credit Code
(1) If:
(a) a consumer is seeking, in joint liability proceedings, to
recover an amount under section 279 in relation to a contract
for the supply of goods or services; and
(b) the contract has been rescinded or discharged (whether under
this Schedule or any other law); and
(c) as a result of the contract being rescinded or discharged, the
consumer is entitled under section 135 of the National Credit
Code to terminate a linked credit contract; and
Section 286
(d) the consumer terminates the linked credit contract under that
section;
the following amounts may be recovered in the joint liability
proceedings (to the extent that they have not been recovered under
section 135 of the National Credit Code):
(e) any amount that the consumer is entitled under section 135 of
the National Credit Code to recover from the credit provider
under the linked credit contract;
(f) any amount that the credit provider is entitled under
section 135 of the National Credit Code to recover from:
(i) the consumer; or
(ii) if the supplier under the contract for the supply of goods
or services is a party to the joint liability proceedings—
the supplier.
(2) An amount that is recovered under subsection (1) ceases to be
recoverable under section 135 of the National Credit Code.
Section 287
Section 287
Section 288
Section 290A
290A Application
(1) The amendments made by Schedule 1 to the Treasury Legislation
Amendment (Small Business and Unfair Contract Terms) Act 2015
apply in relation to a contract entered into on or after the
commencement of that Schedule.
(2) The amendments do not apply to a contract entered into before the
commencement of that Schedule. However:
(a) if the contract is renewed on or after that commencement—
the amendments apply to the contract as renewed, on and
from the day (the renewal day) on which the renewal takes
effect, in relation to conduct that occurs on or after the
renewal day; or
(b) if a term of the contract is varied on or after that
commencement and paragraph (a) has not already applied in
relation to the contract—the amendments apply to the term as
varied, on and from the day (the variation day) on which the
variation takes effect, in relation to conduct that occurs on
and after the variation day.
(3) If paragraph (2)(b) of this section applies to a term of a contract,
subsection 23(2) and section 27 apply to the contract.
(4) Despite paragraphs (2)(a) and (b) and subsection (3) of this section,
the amendments do not apply to a contract, or a term of a contract,
to the extent that the operation of the amendments would result in
an acquisition of property (within the meaning of
paragraph 51(xxxi) of the Constitution) from a person otherwise
than on just terms (within the meaning of that paragraph of the
Constitution).
Section 291
Section 295
Section 296
Section 301
relation to orders relating to acts or omissions on or after the day
that Schedule commences.
Section 302
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
Trade Practices Act 1974 51, 1974 24 Aug s 1 and 2: 24 Aug 1974
1974 (s 2(1))
s 55: 27 Sept 1975 (s 2(2)
and gaz 1975, No. S178)
Remainder: 1 Oct 1974
(s 2(3) and gaz 1974,
No. 75B)
Postal and 56, 1975 12 June Sch 2 and 3: 1 July 1975 —
Telecommunications 1975 (s 2(1) and gaz 1975, No
Commissions S122)
(Transitional Provisions)
Act 1975
Trade Practices Act 1975 63, 1975 19 June 19 June 1975 (s 2) —
1975
Trade Practices 88, 1976 31 Aug s 3(a), 8 and 17: 1 Oct s 2 and 6(2)
Amendment Act 1976 1976 1974 (s 2)
Remainder: 31 Aug 1976
(s 2)
Federal Court of 157, 1976 9 Dec 1976 Sch: 1 Feb 1977 (s 2 and —
Australia (Consequential gaz 1977, No S3)
Provisions) Act 1976
Trade Practices 81, 1977 16 June s 3–80 and 82: 1 July s 8(2)–(6), 22(2),
Amendment Act 1977 1977 1977 (s 2) 40(2), 41(2),
42(2), 47(2),
52(2), 54(2)–(7),
58(2), 62(2),
63(2) and 82
Trade Practices 58, 1997 30 Apr 30 Apr 1997 (s 2) Sch 1 (item 15)
Amendment 1997
(Telecommunications)
Act 1997
Audit (Transitional and 152, 1997 24 Oct Sch 2 (item 1260): 1 Jan —
Miscellaneous) 1997 1998 (s 2(2))
Amendment Act 1997
Telecommunications 200, 1997 16 Dec Sch 2 (items 30–34): —
Legislation Amendment 1997 30 Apr 1997 (s 2(4))
Act 1997
Trade Practices 36, 1998 22 Apr Sch 2: 1 July 1998 —
Amendment (Fair 1998 (s 2(2)(b)(i) and gaz
Trading) Act 1998 1998, No S301)
Remainder: 22 Apr 1998
(s 2(1))
Financial Sector Reform 48, 1998 29 June Sch 1 (item 194) and —
(Consequential 1998 Sch 2 (items 24–29):
Amendments) Act 1998 1 July 1998 (s 2(2))
Gas Pipelines Access 101, 1998 30 July Sch 1 (items 11–26): Sch 1 (items 36,
(Commonwealth) Act 1998 30 July 1998 (s 2(1)) 47, 50)
1998 Sch 1 (items 27–56):
30 July 1998 (s 2(3))
Trade Practices 106, 1998 30 July Sch 1: 13 Aug 1998 —
Amendment (Country of 1998 (s 2(2) and gaz 1998, No
Origin Representations) S398)
Act 1998 Remainder: 30 July 1998
(s 2(1))
Telecommunications 52, 1999 5 July 1999 Sch 1 (items 6–77): 5 July Sch 1 (items 72–
Legislation Amendment 1999 (s 2(1)) 77), Sch 3
Act 1999 Sch 3 (items 69–76, 81): (item 81) and Sch
2 Aug 1999 (s 2(4)) 4 (item 28)
Sch 4 (items 17–20, 28):
1 July 1999 (s 2(6))
Telecommunications 119, 2005 23 Sept Sch 4–6, Sch 7 (items 1– Sch 4 (item 2)
Legislation Amendment 2005 3, 5–12, 14–19, 21–28),
(Competition and Sch 9 and 12: 24 Sept
Consumer Issues) Act 2005 (s 2(1) items 4, 5, 7,
2005 9, 11, 12, 14)
Sch 7 (items 4, 13, 20):
23 Mar 2006 (s 2(1)
items 6, 8, 10)
Sch 11 (items 8, 9): 1 Jan
2006 (s 2(1) item 13)
Trade Practices 11, 2006 23 Mar Sch 1: 20 Apr 2006 Sch 1 (item 8)
Amendment (Personal 2006 (s 2(1) item 2)
Injuries and Death) Act
2006
Offshore Petroleum 17, 2006 29 Mar Sch 2 (items 113–116): —
(Repeals and 2006 1 July 2008 (s 2(1)
Consequential item 2)
Amendments) Act 2006
Jurisdiction of the 23, 2006 6 Apr 2006 Sch 1: 4 May 2006 (s 2(1) Sch 1 (items 2, 5)
Federal Magistrates item 2)
Court Legislation
Amendment Act 2006
Energy Legislation 60, 2006 22 June Sch 1 (items 2–13) and —
Amendment Act 2006 2006 Sch 2 (item 14): 22 June
2006 (s 2(1) items 2, 6)
Sch 2 (items 12, 13, 15,
16): 23 May 2005 (s 2(1)
items 5, 7)
Trade Practices 92, 2006 18 Aug Sch 1: 1 Oct 2006 (s 2(1) Sch 1 (items 114–
Amendment (National 2006 item 2) 136)
Access Regime) Act
2006
Tax Laws Amendment 101, 2006 14 Sept Sch 5 (items 164, 165): —
(Repeal of Inoperative 2006 14 Sept 2006 (s 2(1)
Provisions) Act 2006 item 4)
Maritime Transport and 109, 2006 27 Sept Sch 2 (items 97–103): —
Offshore Facilities 2006 27 Sept 2006 (s 2(1)
Security Amendment item 5)
(Security Plans and
Other Measures) Act
2006
Trade Practices 131, 2006 6 Nov 2006 Sch 1–8 and Sch 9 Sch 1 (items 52,
Legislation Amendment (items 1–15, 20–24): 53), Sch 2
Act (No. 1) 2006 1 Jan 2007 (s 2(1) (items 13, 14),
items 2, 3) Sch 3 (items 28,
Sch 10: 7 Nov 2006 29), Sch4
(s 2(1) item 54) (item 2), Sch 5
Sch 11: 6 Nov 2006 (item 4), Sch 6
(s 2(1) item 5) (item 20), Sch 7
(items 18, 33, 35),
Sch 8 (items 28,
29) and Sch 9
(items 15, 21, 24)
Australian Energy 45, 2007 10 Apr Sch 1 (items 58–81): —
Market Amendment 2007 1 July 2008 (s 2(1)
(Gas Legislation) Act item 2)
2007
Broadcasting Legislation 68, 2007 28 May Sch 1 (items 178–182): —
Amendment (Digital 2007 29 May 2007 (s 2(1)
Radio) Act 2007 item 2)
Sch 2 (item 3): 19 July
2007 (s 2(1) item 3)
Corporations (NZ Closer 85, 2007 21 June Sch 3 (items 3–9): 19 July —
Economic Relations) and 2007 2007 (s 2(1) item 7)
Other Legislation
Amendment Act 2007
Water (Consequential 138, 2007 3 Sept 2007 Sch 1 (items 6–8): 3 Mar —
Amendments) Act 2007 2008 (s 2(1) item 2)
Trade Practices 159, 2007 24 Sept Sch 1, 2 and Sch 3 Sch 1 (item 4),
Legislation Amendment 2007 (items 5–9): 25 Sept 2007 Sch 2 (item 12)
Act (No. 1) 2007 (s 2) and Sch 3 (item 9)
Trade Practices 7, 2008 20 Mar 20 Mar 2008 (s 2) —
Amendment (Access 2008
Declarations) Act 2008
Australian Energy 60, 2008 30 June Sch 4: 1 July 2008 (s 2(1) —
Market Amendment 2008 item 4)
(Minor Amendments)
Act 2008
Trade Practices 116, 2008 21 Nov Sch 1, 2 and Sch 3 Sch 3 (items 13,
Legislation Amendment 2008 (items 7–15): 22 Nov 15)
Act 2008 2008 (s 2)
Offshore Petroleum 117, 2008 21 Nov Sch 3 (item 60): 22 Nov —
Amendment 2008 2008 (s 2(1) item 4)
(Greenhouse Gas
Storage) Act 2008
Trade Practices 126, 2008 25 Nov Sch 1: 25 May 2009 Sch 1 (item 5)
Amendment (Clarity in 2008 (s 2(1) item 2)
Pricing) Act 2008 Sch 2: 26 Nov 2008
(s 2(1) item 3)
Water Amendment Act 139, 2008 8 Dec 2008 Sch 2 (items 3–5): 15 Dec —
2008 2008 (s 2(1) item 3)
Australian Energy 17, 2009 26 Mar Sch 1 (items 12, 14): —
Market Amendment 2009 27 Mar 2009 (s 2(1)
(AEMO and Other items 4, 6)
Measures) Act 2009 Sch 1 (item 13): 1 July
2009 (s 2(1) item 5)
Trade Practices 102, 2010 13 July Sch 1–5: 14 July 2010 Sch 1 (item 72),
Amendment 2010 (s 2(1) items 2–5) Sch 3 (item 11),
(Infrastructure Access) Sch 4 (item 5) and
Act 2010 Sch 5 (items 20–
25)
Trade Practices 103, 2010 13 July Sch 1, 2, 4, 5 and 7: 1 Jan Sch 4 (item 5) and
Amendment (Australian 2010 2011 (s 2(1) items 2, 8) Sch 7
Consumer Law) Act
(No. 2) 2010
as amended by
Competition and 184, 2011 6 Dec 2011 Sch 3: 1 Jan 2011 (s 2(1) —
Consumer Legislation (item 4)
Amendment Act 2011
Statute Law Revision 136, 2012 22 Sept Sch 2 (items 39, 40): —
Act 2012 2012 12 Apr 2012 (s 2(1)
item 30)
Sch 2 (item 43): 1 Jan
2011 (s 2(1) item 33)
Telecommunications 140, 2010 15 Dec Sch 1 (items 32–40, 114– Sch 1 (items 40,
Legislation Amendment 2010 195, 195A, 196–198, 198, 202–210,
(Competition and 202–213): 1 Jan 2011 213)
Consumer Safeguards) (s 2(1) items 2, 5)
Act 2010 Sch 1 (items 57–59):
awaiting commencement
(s 2(1) item 3)
Sch 1 (items 66, 67):
6 Mar 2012 (s 2(1)
item 4)
Financial Framework 148, 2010 17 Dec Sch 6: 18 Dec 2010 Sch 6 (items 2, 3)
Legislation Amendment 2010 (s 2(1) item 6)
Act 2010
Competition and 185, 2011 6 Dec 2011 Sch 1: 6 June 2012 (s 2(1) —
Consumer Amendment item 2)
Act (No. 1) 2011
Telecommunications 44, 2012 16 Apr Sch 1 (item 4): 1 July —
Legislation Amendment 2012 2012 (s 2(1) item 2)
(Universal Service
Reform) Act 2012
Consumer Credit 130, 2012 17 Sept Sch 7: 17 Sept 2013 —
Legislation Amendment 2012 (s 2(1) item 5)
(Enhancements) Act
2012
Statute Law Revision 136, 2012 22 Sept Sch 1 (items 31–36): —
Act 2012 2012 22 Sept 2012 (s 2(1)
item 2)
Australian Charities and 169, 2012 3 Dec 2012 Sch 2 (items 160–168): Sch 2 (item 168)
Not-for-profits 3 Dec 2012 (s 2(1)
Commission item 7)
(Consequential and Sch 4 (item 14): never
Transitional) Act 2012 commenced (s 2(1)
item 14)
Federal Circuit Court of 13, 2013 14 Mar Sch 1 (items 87–92) and —
Australia (Consequential 2013 Sch 2 (item 1): 12 Apr
Amendments) Act 2013 2013 (s 2(1) items 2, 3)
Statute Law Revision 103, 2013 29 June Sch 1 (item 32) and Sch 3 Sch 3 (item 343)
Act 2013 2013 (items 69–74, 343):
29 June 2013 (s 2(1)
items 2, 16)
Competition and 104, 2013 29 June 30 June 2013 (s 2) —
Consumer Amendment 2013
Act 2013
Public Governance, 62, 2014 30 June Sch 5 (items 111, 112), Sch 14
Performance and 2014 Sch 6 (item 35) and Sch
Accountability 14: 1 July 2014 (s 2(1)
(Consequential and items 5, 6, 14)
Transitional Provisions)
Act 2014
as amended by
Public Governance 36, 2015 13 Apr Sch 2 (items 7–9) and Sch Sch 7
and Resources 2015 7: 14 Apr 2015 (s 2)
Legislation
Amendment Act
(No. 1) 2015
as amended by
Acts and 126, 2015 10 Sept Sch 1 (item 486): 5 Mar —
Instruments 2015 2016 (s 2(1) item 2)
(Framework
Reform)
(Consequential
Provisions) Act
2015
Acts and Instruments 126, 2015 10 Sept Sch 1 (item 495): 5 Mar —
(Framework Reform) 2015 2016 (s 2(1) item 2)
(Consequential
Provisions) Act 2015
Clean Energy 83, 2014 17 July Sch 2: 18 July 2014 —
Legislation (Carbon Tax 2014 (s 2(1) item 6)
Repeal) Act 2014
Competition and 107, 2014 24 Sept 1 Jan 2015 (s 2) —
Consumer Amendment 2014
(Industry Code
Penalties) Act 2014
Omnibus Repeal Day 109, 2014 16 Oct Sch 2 (items 2–4, 112, Sch 2 (item 4)
(Autumn 2014) Act 2014 2014 113, 187): 17 Oct 2014
(s 2(1) item 2)
Acts and Instruments 10, 2015 5 Mar 2015 Sch 3 (items 68–75, 348, Sch 3 (items 348,
(Framework Reform) 349): 5 Mar 2016 (s 2(1) 349)
Act 2015 item 2)
Telecommunications 38, 2015 13 Apr Sch 1 (items 7–10, 138– Sch 1 (items 138–
Legislation Amendment 2015 163): 1 July 2015 (s 2(1) 163)
(Deregulation) Act 2015 item 3)
Acts and Instruments 126, 2015 10 Sept Sch 1 (items 128–148): —
(Framework Reform) 2015 5 Mar 2016 (s 2(1)
(Consequential item 2)
Provisions) Act 2015
Treasury Legislation 147, 2015 12 Nov Sch 1 (items 19–47): —
Amendment (Small 2015 12 Nov 2016 (s 2(1)
Business and Unfair item 2)
Contract Terms) Act
2015
Statute Law Revision 4, 2016 11 Feb Sch 4 (items 1, 66–68) —
Act (No. 1) 2016 2016 and Sch 5 (item 4):
10 Mar 2016 (s 2(1)
item 6)
Competition and 9, 2016 25 Feb 25 Feb 2016 (s 2(1) —
Consumer Amendment 2016 item 1)
(Payment Surcharges)
Act 2016
Courts Administration 24, 2016 18 Mar Sch 5 (item 8): 1 July Sch 6
Legislation Amendment 2016 2016 (s 2(1) item 7)
Act 2016 Sch 6: 18 Mar 2016
(s 2(1) item 9)
Territories Legislation 33, 2016 23 Mar Sch 5 (items 25–28): —
Amendment Act 2016 2016 1 July 2016 (s 2(1)
item 7)
Statute Update Act 2016 61, 2016 23 Sept Sch 1 (items 152, 153) —
2016 and Sch 3 (items 13, 14):
21 Oct 2016 (s 2(1)
item 1)
Competition and 5, 2017 22 Feb 23 Feb 2017 (s 2(1) —
Consumer Amendment 2017 item 1)
(Country of Origin) Act
2017
Competition and 87, 2017 23 Aug 6 Nov 2017 (s 2(1) —
Consumer Amendment 2017 item 1)
(Misuse of Market
Power) Act 2017
Petroleum and Other 91, 2017 23 Aug Sch 1 (items 1, 3–7): Sch 1 (items 3–7)
Fuels Reporting 2017 24 Aug 2017 (s 2(1)
(Consequential item 1)
Amendments and
Transitional Provisions)
Act 2017
Public Governance and 92, 2017 23 Aug Sch 1 (items 2, 3), Sch 2 Sch 4
Resources Legislation 2017 (items 67–82) and Sch 4:
Amendment Act (No. 1) 23 Aug 2017 (s 2(1)
2017 item 1)
Competition and 114, 2017 27 Oct Sch 1–5, 7, 8, Sch 9 Sch 2
Consumer Amendment 2017 (items 1–163), Sch 10, (items 38(7),
(Competition Policy 11, Sch 12 (items 1–43) 39(7), 40), Sch 10
Review) Act 2017 and Sch 13: 6 Nov 2017 (item 2), Sch 11
(s 2(1) items 2–13, 15) (item 5), Sch 12
Sch 12 (items 44, 45): (items 19, 37) and
never commenced (s 2(1) Sch 14 (items 2,
item 14) 8, 13, 24, 26)
Sch 14: 28 Oct 2017 (s
2(1) item 16)
Competition and 116, 2017 30 Oct 31 Oct 2017 (s 2(1) Sch 1 (items 5, 6)
Consumer Amendment 2017 item 1)
(Abolition of Limited
Merits Review) Act
2017
Corporations 61, 2018 29 June Sch 2A (items 1, 2): —
Amendment (Asia 2018 18 Sept 2018 (s 2(1)
Region Funds Passport) item 2)
Act 2018
Treasury Laws 93, 2018 31 Aug Sch 1–3: 1 Sept 2018 Sch 3 (item 7)
Amendment (2018 2018 (s 2(1) items 2, 3)
Measures No. 3) Act
2018
Treasury Laws 132, 2018 25 Oct Sch 1, Sch 2 (items 3–6), Sch 1 (item 4),
Amendment (Australian 2018 Sch 3–6, Sch 7 (items 2, Sch 2 (item 6),
Consumer Law Review) 3), Sch 8, 9 and Sch 12 Sch 6 (item 4) and
Act 2018 (item 2): 26 Oct 2018 (s Sch 7 (item 3)
2(1) item 1)
Treasury Laws 133, 2018 25 Oct 26 Oct 2018 (s 2(1) —
Amendment (Gift Cards) 2018 item 1)
Act 2018
Treasury Laws 8, 2019 1 Mar 2019 Sch 8 (items 21, 22): Sch 8 (item 22)
Amendment (2018 1 Apr 2019 (s 2(1)
Measures No. 4) Act item 11)
2019
Treasury Laws 15, 2019 12 Mar Sch 4: 12 Sept 2019 Sch 5 (item 8)
Amendment (2018 2019 (s 2(1) item 5)
Measures No. 5) Act Sch 5 (items 7, 8): 13 Mar
2019 2019 (s 2(1) item 6)
Treasury Laws 49, 2019 5 Apr 2019 Sch 4: (items 6–12, 65): 6 Sch 4 (item 65)
Amendment (2019 Apr 2019 (s 2(1) item 11)
Measures No. 1) Act
2019
am. No. 101, 1998; Nos. 60 and 92, 2006; No. 45, 2007; No. 102,
2010
rs No 114, 2017
s. 44GA .......................................... ad. No. 92, 2006
rs. No. 102, 2010
s. 44GB .......................................... ad. No. 92, 2006
am. No. 102, 2010
s. 44GC .......................................... ad. No. 92, 2006
Subdivision B
s. 44H............................................. ad. No. 88, 1995
am. No. 101, 1998; Nos. 60 and 92, 2006; No. 45, 2007; No. 102,
2010; No 114, 2017
s. 44HA .......................................... ad. No. 92, 2006
s. 44I .............................................. ad. No. 88, 1995
am. No. 102, 2010
s. 44J .............................................. ad. No. 88, 1995
am. No. 92, 2006; No. 102, 2010; No 114, 2017
s. 44JA ........................................... ad. No. 92, 2006
rep. No. 102, 2010
s. 44K............................................. ad. No. 88, 1995
am. No. 92, 2006; No. 102, 2010
ss. 44KA, 44KB ............................. ad. No. 102, 2010
s. 44L ............................................. ad. No. 88, 1995
am. No. 92, 2006; No. 102, 2010
Heading to Subdiv. C of................. rep. No. 92, 2006
Div. 2 of Part IIIA
Division 2AA
Div. 2AA of Part IIIA .................... ad. No. 102, 2010
Subdivision A
s. 44LA .......................................... ad. No. 102, 2010
Subdivision B
s 44LB ........................................... ad No 102, 2010
am No 114, 2017
s 44LC ........................................... ad No 102, 2010
s 44LD ........................................... ad No 102, 2010
s 44LE ............................................ ad No 102, 2010
s 44LF ............................................ ad No 102, 2010
Subdivision C
s 44LG ........................................... ad No 102, 2010
am No 114, 2017
s 44LH ........................................... ad No 102, 2010
Subdivision D
s. 44LI ............................................ ad. No. 102, 2010
am No 114, 2017
Subdivision E
ss. 44LJ, 44LK ............................... ad. No. 102, 2010
Subdivision F
s. 44LL........................................... ad. No. 102, 2010
Division 2A
Heading to Div. 2A of .................... ad. No. 92, 2006
Part IIIA
Subdivision A
Heading to Subdiv. A of ................ ad. No. 92, 2006
Div. 2A of Part IIIA
s. 44M ............................................ ad. No. 88, 1995
am. No. 101, 1998; Nos. 60 and 92, 2006; No. 45, 2007; No. 102,
2010
s. 44MA ......................................... ad. No. 102, 2010
Subdivision B
Heading to Subdiv. B of................. ad. No. 92, 2006
Div. 2A of Part IIIA
s. 44N............................................. ad. No. 88, 1995
am. No. 101, 1998; Nos. 60 and 92, 2006; No. 45, 2007; No. 102,
2010
Subdivision C
Subdiv. C of Div. 2A of ................. ad. No. 92, 2006
Part IIIA
s. 44NA .......................................... ad. No. 92, 2006
am. No. 102, 2010
s. 44NAA ....................................... ad. No. 102, 2010
s. 44NB .......................................... ad. No. 92, 2006
am. No. 102, 2010
Subdivision CA
Subdivision CA.............................. ad No 114, 2017
s 44NBA ........................................ ad No 114, 2017
s 44NBB ........................................ ad No 114, 2017
s 44NBC ........................................ ad No 114, 2017
Subdivision D
Subdiv. D of Div. 2A of ................. ad. No. 92, 2006
Part IIIA
s. 44NC .......................................... ad. No. 92, 2006
rs. No. 102, 2010
am No 114, 2017
s. 44ND .......................................... ad. No. 92, 2006
rep. No. 102, 2010
s. 44NE .......................................... ad. No. 92, 2006
am. No. 102, 2010; No 114, 2017
s 44NF ........................................... ad No 92, 2006
am No 114, 2017
s 44NG ........................................... ad No 92, 2006
am No 114, 2017
Subdivision E
Heading to Subdiv. E of ................. ad. No. 92, 2006
Div. 2A of Part IIIA
Division 3
Subdivision A
s. 44R ............................................. ad. No. 88, 1995
Subdivision B
ss. 44S, 44T ................................... ad. No. 88, 1995
am. No. 92, 2006
Subdivision C
s. 44U............................................. ad. No. 88, 1995
s. 44V............................................. ad. No. 88, 1995
am. No. 92, 2006; No. 102, 2010; No 126, 2015; No 114, 2017
s. 44W............................................ ad. No. 88, 1995
am. No. 92, 2006; No. 102, 2010; No 114, 2017
s. 44X............................................. ad. No. 88, 1995
am. No. 92, 2006; No 114, 2017
s. 44XA .......................................... ad. No. 92, 2006
rs. No. 102, 2010
s. 44Y............................................. ad. No. 88, 1995
am. No. 92, 2006
s. 44YA .......................................... ad. No. 102, 2010
Subdivision D
s. 44Z ............................................. ad. No. 88, 1995
ss. 44ZA–44ZN.............................. ad. No. 88, 1995
s. 44ZNA ....................................... ad. No. 92, 2006
am No 126, 2015
Subdivision DA
Subdiv. DA of Div. 3 of ................. ad. No. 92, 2006
Part IIIA
s. 44ZNB........................................ ad. No. 92, 2006
am No 126, 2015
Subdivision E
s. 44ZO .......................................... ad. No. 88, 1995
am. No. 28, 1997; No. 69, 2000; No. 92, 2006; No. 102, 2010
ss. 44ZZAAA, 44ZZAAB .............. ad. No. 102, 2010
s. 44ZZAA ..................................... ad. No. 28, 1997
am. No. 108, 2004; No. 92, 2006; No. 102, 2010
s. 44ZZAB ..................................... ad. No. 108, 2004
am. No. 102, 2010
s. 44ZZB ........................................ ad. No. 88, 1995
rep. No. 92, 2006
Subdivision B
Subdiv. B of Div. 6 of .................... ad. No. 92, 2006
Part IIIA
s. 44ZZBA ..................................... ad. No. 92, 2006
am. No. 102, 2010
Subdivision C
Subdiv. C of Div. 6 of .................... ad. No. 92, 2006
Part IIIA
s. 44ZZBB ..................................... ad. No. 92, 2006
am. No. 102, 2010
Subdivision D
Subdiv. D of Div. 6 of.................... ad. No. 92, 2006
Part IIIA
s. 44ZZBC ..................................... ad. No. 92, 2006
rs. No. 102, 2010
s. 44ZZBCA................................... ad. No. 102, 2010
s. 44ZZBD ..................................... ad. No. 92, 2006
am. No. 102, 2010
s. 44ZZBE...................................... ad. No. 92, 2006
Subdivision E
Subdiv. E of Div. 6 of .................... ad. No. 92, 2006
Part IIIA
s. 44ZZBF ...................................... ad. No. 92, 2006
am. No. 102, 2010
Subdivision F
Heading to Subdiv. F of ................. ad. No. 92, 2006
Div. 6 of Part IIIA
s. 44ZZC ........................................ ad. No. 88, 1995
rs. No. 28, 1997
am. No. 92, 2006; No. 102, 2010
Division 6A
Div. 6A of Part IIIA ....................... ad. No. 92, 2006
s. 44ZZCA ..................................... ad. No. 92, 2006
Division 6B
Heading to Div. 6B of .................... rs. No. 102, 2010
Part IIIA
Div. 6B of Part IIIA ....................... ad. No. 92, 2006
s. 44ZZCB ..................................... ad. No. 92, 2006
am No 126, 2015
s. 44ZZCBA................................... ad. No. 102, 2010
ss. 44ZZCC, 44ZZCD .................... ad. No. 92, 2006
Division 7
ss. 44ZZD–44ZZI .......................... ad. No. 88, 1995
s. 44ZZJ ......................................... ad. No. 88, 1995
am. No. 69, 2000; No. 92, 2006
s. 44ZZK ........................................ ad. No. 88, 1995
Division 8
s. 44ZZL ........................................ ad. No. 88, 1995
s. 44ZZM ....................................... ad. No. 88, 1995
rs. No. 101, 1998; No. 134, 2003
am No 116, 2017
s 44ZZMAA .................................. ad No 116, 2017
s. 44ZZMA .................................... ad. No. 134, 2003
am. No. 119, 2011
s. 44ZZMB..................................... ad. No. 134, 2003
am. No. 206, 1978; No. 88, 1995; No. 131, 2006; No. 169, 2012; No
114, 2017
s 48 ................................................ am No 114, 2017
s. 49 ............................................... am. No. 81, 1977
rep. No. 88, 1995
ad. No. 131, 2006
am No 114, 2017
s. 50 ............................................... rs. No. 81, 1977
am. Nos. 8, 17 and 168, 1986; No. 49, 1991; No. 222, 1992; No. 63,
2001; No. 131, 2006; No. 184, 2011; No 114, 2017
s. 50A............................................. ad. No. 17, 1986
am. Nos. 22 and 222, 1992
s 51 ................................................ am No 63, 1975; No 88, 1976; No 81, 1977; No 73, 1980; No 17,
1986; No 28, 1989; No 70, 1990; No 98, 1993; No 88, 1995; No 60,
1996; No 63, 2002; No 46, 2011; No 114, 2017; No 15, 2019
s. 51AAA ....................................... ad. No. 88, 1995
Part IVA......................................... ad. No. 222, 1992
rep. No. 103, 2010
s. 51AAB ....................................... ad. No. 48, 1998
rep. No. 103, 2010
s. 51AA .......................................... ad. No. 222, 1992
am. No. 36, 1998
rep. No. 103, 2010
s. 51AB (formerly s. 52A) ............. No. 222, 1992
am. No. 116, 2008
rep. No. 103, 2010
s. 51AC .......................................... ad. No. 36, 1998
am. No. 63, 2001; No. 159, 2007; No. 116, 2008
rep. No. 103, 2010
s. 51ACAA .................................... ad. No. 63, 2001
rep. No. 103, 2010
Part IVB
Part IVB ......................................... ad. No. 36, 1998
Division 1
Heading to Div. 1 of ...................... ad. No. 103, 2010
Part IVB
s. 51ACA ....................................... ad. No. 36, 1998
am. No. 103, 2010; No 107, 2014
Division 2
Heading to Div. 2 of ...................... ad. No. 103, 2010
Part IVB
s. 51AD .......................................... ad. No. 36, 1998
renum No 107, 2014
s 51ACB (prev s 51AD)
Division 2A
Division 2A.................................... ad No 107, 2014
s 51ACC ........................................ ad No 107, 2014
s 51ACD ........................................ ad No 107, 2014
s 51ACE......................................... ad No 107, 2014
s 51ACF ......................................... ad No 107, 2014
s 51ACG ........................................ ad No 107, 2014
s 51ACH ........................................ ad No 107, 2014
s 51ACI.......................................... ad No 107, 2014
s 51ACJ ......................................... ad No 107, 2014
Division 3
Div. 3 of Part IVB .......................... ad. No. 103, 2010
s. 51ADA ....................................... ad. No. 103, 2010
Division 4
Div. 4 of Part IVB .......................... ad. No. 103, 2010
ss. 51ADB, 51ADC ....................... ad. No. 103, 2010
Division 5
Div. 5 of Part IVB .......................... ad. No. 103, 2010
s. 76 ............................................... am. No. 88, 1976; No. 81, 1977; No. 207, 1978; No. 73, 1980;
No. 222, 1992; No. 98, 1993; No. 60, 1996; No. 58, 1997; No. 61,
1999; No. 69, 2000; No. 131, 2006; No. 59, 2009; No. 111, 2009;
Nos. 44 and 103, 2010; No 83, 2014; No 107, 2014; No 9, 2016; No
114, 2017
s. 76A............................................. ad. No. 69, 2000
am. No. 131, 2006; No. 111, 2009; No 114, 2017
s. 76B ............................................. ad. No. 69, 2000
am. No. 131, 2006; Nos. 59 and 111, 2009; No 114, 2017
s. 76C ............................................. ad. No. 131, 2006
rep No 114, 2017
s. 76D............................................. ad. No. 131, 2006
rep. No. 59, 2009
ss. 76E, 76F ................................... ad. No. 44, 2010
rep. No. 103, 2010
s. 77 ............................................... am. No. 88, 1976; No. 88, 1995; Nos. 44 and 103, 2010
s. 77A............................................. ad. No. 131, 2006
am. Nos. 44 and 103, 2010; No 83, 2014
ss. 77B, 77C ................................... ad. No. 131, 2006
s. 78 ............................................... am. No. 61, 1999; No. 69, 2000; No. 31, 2001; Nos. 59 and 111,
2009; No. 103, 2010 (as am. by No. 184, 2011)
s. 79 ............................................... am. No. 81, 1977; No. 17, 1986; No. 222, 1992; Nos. 31 and 63,
2001; No. 59, 2009; Nos. 4 and 103, 2010; No 114, 2017
s. 79A............................................. ad. No. 17, 1986
am. No. 31, 2001; No. 131, 2006; No. 59, 2009; No. 103, 2010
s. 79B ............................................. ad. No. 63, 2001
am. No. 63, 2001 (as am. by No. 63, 2002); No. 59, 2009; Nos. 44
and 103, 2010
s. 80 ............................................... am. No. 88, 1976; No. 81, 1977; No. 39, 1983; No. 17, 1986;
No. 222, 1992; No. 88, 1995; No. 60, 1996; No. 36, 1998; No. 61,
1999; No. 69, 2000; No. 31, 2001; Nos. 59 and 111, 2009; Nos. 44
and 103, 2010; No 83, 2014; No 9, 2016
s. 80A............................................. ad. No. 81, 1977
am. No. 39, 1983; No. 17, 1986; No. 222, 1992; No. 88, 1995;
No. 36, 1998
rep. No. 63, 2001
ad No 83, 2014
s. 80AA .......................................... ad. No. 73, 1980
am. No. 39, 1983; No. 87, 1988 (as am. by No. 108, 1990)
rep. No. 98, 1993
ad. No. 60, 1996
rep. SLI 2006 No. 50
s. 80AB .......................................... ad. No. 60, 1996
am. SLI 2006 No. 50
s. 80AC .......................................... ad. No. 131, 2006
am No 114, 2017
s. 80B ............................................. ad. No. 61, 1999
rep. No. 111, 2009
s. 81 ............................................... am. No. 88, 1976
rs. No. 81, 1977
am. No. 17, 1986; No. 222, 1992; No. 88, 1995; No. 131, 2006
s. 81A............................................. ad. No. 131, 2006
am No 114, 2017
s 82 ................................................ rs No 81, 1977
am No 17, 1986; No 222, 1992; No 36, 1998; No 63, 2001; No 103,
2004; No 113, 2004; No 118, 2004; No. 11, 2006; No. 103, 2010 (as
am by No 184, 2011); No 83, 2014; No 9, 2016; No 15, 2019
s. 83 ............................................... rs. No. 81, 1977
am. No. 222, 1992; No. 36, 1998; Nos. 31 and 63, 2001; No. 59,
2009; No. 44, 2010; No. 103, 2010 (as am. by No. 184, 2011); No
83, 2014; No 9, 2016
ed C105
rs No 114, 2017
s. 84 ............................................... rs. No. 17, 1986
am. No. 70, 1990; No. 222, 1992; No. 36, 1998; No. 61, 1999; Nos.
31 and 146, 2001; Nos. 59 and 111, 2009; Nos. 44 and 103, 2010;
No. 185, 2011; No 83, 2014; No 9, 2016; No 114, 2017
s. 85 ............................................... am. No. 81, 1977; No. 17, 1986; No. 88, 1995; No. 31, 2001;
No. 128, 2002; No. 44, 2010
rs. No. 103, 2010
am No 83, 2014
s. 86 ............................................... rs. No. 23, 1987
am. No. 222, 1992; Nos. 36 and 106, 1998; No. 194, 1999; No. 57,
2000; No. 23, 2006; No. 116, 2008; No. 59, 2009; No. 44, 2010;
No. 103, 2010 (as am. by No. 184, 2011); No. 13, 2013; No 9, 2016
s. 86AA .......................................... ad. No. 194, 1999
am. No. 161, 2000; No. 23, 2006; No. 103, 2010; No. 13, 2013
s. 86A............................................. ad. No. 23, 1987
am. No. 222, 1992; Nos. 36 and 106, 1998; Nos. 44 and 103, 2010;
No 9, 2016
s. 86B ............................................. ad. No. 8, 1988
am. No. 222, 1992; No. 106, 1998; No. 44, 2010
rep. No. 103, 2010
s. 86C ............................................. ad. No. 63, 2001
am. No. 63, 2001; No. 131, 2006; Nos. 59 and 111, 2009; No. 103,
2010; No 83, 2014; No 9, 2016; No 114, 2017
s. 86D............................................. ad. No. 63, 2001
am. No. 63, 2001; No. 59, 2009; Nos. 44 and 103, 2010
s. 86DA .......................................... ad. No. 44, 2010
rep. No. 103, 2010
s. 86E ............................................. ad. No. 131, 2006
am. No. 59, 2009; Nos. 44 and 103, 2010
s. 86F ............................................. ad. No. 59, 2009
s. 87 ............................................... am. No. 81, 1977; No. 39, 1983; Nos. 17 and 168, 1986; No. 222,
1992; No. 49, 1994; No. 88, 1995; No. 36, 1998; Nos. 31 and 63,
2001; No 113, 2004; No. 118, 2004; No. 11, 2006; No. 59, 2009;
No. 44, 2010; No. 103, 2010 (as am. by No. 184, 2011; No. 136,
2012); No 83, 2014; No 9, 2016; No 114, 2017
s. 87AAA ....................................... ad. No. 44, 2010
am. No. 44, 2010
rep. No. 103, 2010
s. 87AAB ....................................... ad. No. 44, 2010
rep. No. 103, 2010
s. 87A............................................. ad. No. 17, 1986
am. No. 222, 1992; Nos. 31 and 146, 2001; No. 44, 2010
rep. No. 103, 2010
s. 87AA .......................................... ad. No. 60, 1996
am. SLI 2006 No. 50; No. 54, 2009
s. 87AB .......................................... ad. No. 118, 2004
rep. No. 103, 2010
s. 87AC .......................................... ad. No. 44, 2010
rep. No. 103, 2010
s. 87B ............................................. ad. No. 222, 1992
am. No. 131, 2006; No 114, 2017
s. 87C ............................................. ad. No. 141, 1994
am. No. 5, 2011
s. 87CA .......................................... ad. No. 63, 2001
s. 87CAA ....................................... ad. No. 113, 2004
rep. No. 103, 2010
Part VIA
Part VIA......................................... ad. No. 103, 2004
s. 87CB .......................................... ad. No. 103, 2004
am. No. 103, 2010
ss. 87CC–87CI ............................... ad. No. 103, 2004
Part VIB
Part VIB ......................................... ad. No. 113, 2004
Division 1
s. 87D............................................. ad. No. 113, 2004
am. No. 59, 2009; No. 103, 2010
s. 87E ............................................. ad. No. 113, 2004
am. No. 103, 2010
Division 2
ss. 87F–87H ................................... ad. No. 113, 2004
ss. 87J, 87K.................................... ad. No. 113, 2004
Division 3
s 87L .............................................. ad No 113, 2004
s 87M ............................................. ad No 113, 2004
s 87N.............................................. ad No 113, 2004
am No 4, 2016
ss. 87P–87T ................................... ad. No. 113, 2004
Division 4
ss. 87U, 87V .................................. ad. No. 113, 2004
Division 5
ss. 87W, 87X ................................. ad. No. 113, 2004
Division 6
s. 87Y............................................. ad. No. 113, 2004
am. No. 103, 2013; No 126, 2015
s. 87Z ............................................. ad. No. 113, 2004
ss. 87ZA, 87ZB .............................. ad. No. 113, 2004
Division 7
s. 87ZC .......................................... ad. No. 113, 2004
Part VIC ......................................... ad. No. 44, 2010
rep. No. 103, 2010
ss. 87ZD–87ZK.............................. ad. No. 44, 2010
rep. No. 103, 2010
Subdivision B
s 95P .............................................. ad No 134, 2003
s 95Q.............................................. ad No 134, 2003
am No 4, 2016
Subdivision C
s 95R .............................................. ad No 134, 2003
s 95S .............................................. ad No 134, 2003
s 95T .............................................. ad No 134, 2003
am No 4, 2016
s 95U.............................................. ad No 134, 2003
s 95V.............................................. ad No 134, 2003
s 95W............................................. ad No 134, 2003
Division 4
s 95X.............................................. ad No 134, 2003
s 95Y.............................................. ad No 134, 2003
s 95Z .............................................. ad No 134, 2003
am No 4, 2016
ss. 95ZA–95ZD.............................. ad. No. 134, 2003
Division 5
ss. 95ZE–95ZG .............................. ad. No. 134, 2003
Division 6
s 95ZH ........................................... ad No 134, 2003
s 95ZI............................................. ad No 134, 2003
s 95ZJ ............................................ ad No 134, 2003
s 95ZK ........................................... ad No 134, 2003
am No 4, 2016
s 95ZL............................................ ad No 134, 2003
s 95ZM........................................... ad No 134, 2003
s 95ZN ........................................... ad No 134, 2003
s 95ZO ........................................... ad No 134, 2003
s 95ZP ............................................ ad No 134, 2003
am No 4, 2016
s 95ZPA ......................................... ad No 91, 2017
s 95ZQ ........................................... ad No 134, 2003
am No 4, 2016
Part VIII
s. 96 ............................................... am. No. 88, 1995; No 114, 2017
s. 96A............................................. ad. No. 88, 1995
s. 97 ............................................... am. No. 88, 1995
s. 100 ............................................. am. No. 88, 1976; No. 88, 1995
Part IX
Division 1
Division 1 heading ......................... rs No 131, 2006; No 114, 2017
s. 101 ............................................. am. No. 88, 1976; No. 81, 1977; No. 17, 1986; No. 88, 1995;
No. 101, 1998; No. 131, 2006; No. 59, 2009; No. 185, 2011; No 114,
2017
s. 101A........................................... ad. No. 81, 1977
am. No. 88, 1995; No. 131, 2006; No 114, 2017
s 101B ............................................ ad No 114, 2017
s. 102 ............................................. rs. No. 81, 1977
am. No. 222, 1992; No. 88, 1995; No. 101, 1998; No. 131, 2006; No
114, 2017
Division 2
s. 102A........................................... ad. No. 131, 2006
rep No 114, 2017
s. 103 ............................................. am. No. 131, 2006
s. 104 ............................................. am. No. 88, 1995
s. 109 ............................................. am. No. 81, 1977; No. 88, 1995; No. 131, 2006; No 114, 2017
s. 110 ............................................. am. No. 88, 1976
Division 3 ...................................... ad. No. 131, 2006
rep No 114, 2017
s. 111 ............................................. am. No. 88, 1976
Division 6
Subdivision A
ss. 10.25, 10.26 .............................. ad. No. 34, 1989
s. 10.27........................................... ad. No. 34, 1989
am. No. 173, 1991; No. 123, 2000
s. 10.27A........................................ ad. No. 123, 2000
ss. 10.28, 10.29 .............................. ad. No. 34, 1989
am. No. 123, 2000
Subdivision B
ss. 10.30, 10.31 .............................. ad. No. 34, 1989
s. 10.32........................................... ad. No. 34, 1989
am. No. 173, 1991
s. 10.33........................................... ad. No. 34, 1989
am. No. 123, 2000
Subdivision C
ss. 10.34–10.36 .............................. ad. No. 34, 1989
s. 10.37........................................... ad. No. 34, 1989
am. No. 123, 2000
s. 10.38........................................... ad. No. 34, 1989
Subdivision D
s. 10.39........................................... ad. No. 34, 1989
am. No. 173, 1991
s. 10.40........................................... ad. No. 34, 1989
am. No. 123, 2000
Division 7
s. 10.41........................................... ad. No. 34, 1989
am. No. 123, 2000
s. 10.42........................................... ad. No. 34, 1989
am. No. 173, 1991
s. 10.43........................................... ad. No. 34, 1989
am. No. 123, 2000
Division 8
s. 10.44........................................... ad. No. 34, 1989
am. No. 123, 2000
s. 10.45........................................... ad. No. 34, 1989
am. No. 123, 2000; No. 59, 2009
ss. 10.46, 10.47 .............................. ad. No. 34, 1989
am. No. 123, 2000
s. 10.48........................................... ad. No. 34, 1989
am. No. 123, 2000
s. 10.49........................................... ad. No. 34, 1989
s. 10.49A........................................ ad. No. 123, 2000
Division 9
s. 10.50–10.53 ................................ ad. No. 34, 1989
am. No. 123, 2000
Division 10
s. 10.54........................................... ad. No. 34, 1989
ss. 10.55, 10.56 .............................. ad. No. 34, 1989
am. No. 123, 2000
s. 10.57........................................... ad. No. 34, 1989
s. 10.58........................................... ad. No. 34, 1989
am. No. 123, 2000
ss. 10.59, 10.60 .............................. ad. No. 34, 1989
Division 11
s. 10.61........................................... ad. No. 34, 1989
s. 10.62........................................... ad. No. 34, 1989
am. No. 123, 2000
ss. 10.63, 10.64 .............................. ad. No. 34, 1989
am. No. 123, 2000
s. 10.65........................................... ad. No. 34, 1989
ss. 10.66, 10.67 .............................. ad. No. 34, 1989
am. No. 123, 2000
Division 12
s 10.68 ........................................... ad No 34, 1989
am No 4, 2016; No 61, 2016
s 10.69 ........................................... ad No 34, 1989
s 10.70 ........................................... ad No 34, 1989
s 10.71 ........................................... ad No 34, 1989
s 10.72 ........................................... ad No 34, 1989
Division 12A
Div. 12A of Part X ......................... ad. No. 123, 2000
s. 10.72A........................................ ad. No. 123, 2000
am. No. 123, 2000; No. 109, 2006; No 126, 2015
ss. 10.72B–10.72D ......................... ad. No. 123, 2000
Division 13
ss. 10.73–10.76 .............................. ad. No. 34, 1989
Division 14
ss. 10.77–10.79 .............................. ad. No. 34, 1989
s. 10.80........................................... ad. No. 34, 1989
am. No. 146, 1999
s. 10.81........................................... ad. No. 34, 1989
am. No. 123, 2000
s. 10.82........................................... ad. No. 34, 1989
Division 14A
Div. 14A of Part X ......................... ad. No. 123, 2000
ss. 10.82A–10.82C ......................... ad. No. 123, 2000
Division 14B
Div. 14B of Part X ......................... ad. No. 123, 2000
ss. 10.82D–10.82G......................... ad. No. 123, 2000
Division 15
s 10.83 ........................................... ad No 34, 1989
s 10.84 ........................................... ad No 34, 1989
s 10.85 ........................................... ad No 34, 1989
Division 15
Div. 15 of Part XIB ........................ ad. No. 140, 2010
s. 151CQ ........................................ ad. No. 140, 2010
Division 16
Div. 16 of Part XIB ........................ ad. No. 23, 2011
s. 151DA ........................................ ad. No. 23, 2011
s. 151DB ........................................ ad. No. 23, 2011
(2A) exp (s 151DB(2B))
s. 151DC ........................................ ad. No. 23, 2011
rep No 109, 2014
s. 151DD ........................................ ad. No. 23, 2011
rep No 109, 2014
s. 152 ............................................. rep. No. 173, 1991
Part XIC
Part XIC ......................................... ad. No. 58, 1997
Division 1
s. 152AA ........................................ ad. No. 58, 1997
am. No. 140, 2002; No. 140, 2010; No. 23, 2011
s. 152AB ........................................ ad. No. 58, 1997
am. No. 119, 2005
s. 152AC ........................................ ad. No. 58, 1997
am. No. 52, 1999; No. 140, 2002; Nos. 45 and 119, 2005; No. 140,
2010; No. 23, 2011; No 109, 2014
s. 152AD ........................................ ad. No. 58, 1997
s. 152AE ........................................ ad. No. 58, 1997
am No 33, 2016
s. 152AF ........................................ ad. No. 58, 1997
am. No. 140, 2010
s. 152AG ........................................ ad. No. 58, 1997
am. No. 23, 2011
s. 152AGA ..................................... ad. No. 23, 2011
Subdivision B
ss. 154K, 154L ............................... ad. No. 131, 2006
am. No. 59, 2009
Subdivision C
ss. 154M, 154N .............................. ad. No. 131, 2006
Subdivision D
ss. 154P, 154Q ............................... ad. No. 131, 2006
s. 154R ........................................... ad. No. 131, 2006
am. No. 59, 2009
s. 154RA ........................................ ad. No. 59, 2009
Subdivision E
s. 154S ........................................... ad. No. 131, 2006
s. 154T ........................................... ad. No. 131, 2006
am. No. 59, 2009
ss. 154U, 154V .............................. ad. No. 131, 2006
am. No. 59, 2009
s. 154W .......................................... ad. No. 131, 2006
Subdivision F
s. 154X........................................... ad. No. 131, 2006
am. No. 59, 2009
ss. 154Y, 154Z ............................... ad. No. 131, 2006
Subdivision G
s. 154ZA ........................................ ad. No. 131, 2006
Division 5
ss. 154ZB, 154ZC .......................... ad. No. 131, 2006
Part XII
s 155 .............................................. am No. 81, 1977; No. 17, 1986; No. 70, 1990; No. 88, 1995; No. 58,
1997; No. 52, 1999; No. 146, 2001; No. 128, 2002; No. 134, 2003;
No. 131, 2006; Nos. 68, 138 and 159, 2007; Nos. 116 and 139, 2008;
No. 59, 2009; No. 23, 2011; No 114, 2017; No 132, 2018; No 49,
2019
s. 155AAA ..................................... ad. No. 85, 2007
am. No. 68, 2007; No. 139, 2008; Nos. 103 and 140, 2010; Nos. 102
and 132, 2011; No. 44, 2012; No 83, 2014; No 38, 2015
s. 155AA ........................................ ad. No. 88, 1995
am. No. 61, 1999; No. 131, 2006; No. 85, 2007; No. 111, 2009
s. 155AB ........................................ ad. No. 58, 1997
am. No. 52, 1999; No. 140, 2002; No. 131, 2006
rep. No. 85, 2007
s. 155A........................................... ad. No. 70, 1990
am. No. 88, 1995; No. 159, 2007
s. 155B ........................................... ad. No. 70, 1990
am. No. 88, 1995; No. 146, 2001
s. 156 ............................................. am. No. 70, 1990; No. 88, 1995
s. 157 ............................................. am. No. 81, 1977; No. 17, 1986; No. 101, 1998; No. 63, 2001;
No. 131, 2006; No. 59, 2009; Nos. 44 and 103, 2010; No 114, 2017
s. 157AA ........................................ ad. No. 131, 2006
rep No 114, 2017
s. 157A........................................... ad. No. 108, 2004
ss. 157B–157D............................... ad. No. 59, 2009
s. 158 ............................................. am. No. 81, 1977; No. 88, 1995
s. 159 ............................................. am. No. 81, 1977; No. 88, 1995; No. 59, 2009
s. 160 ............................................. am. No. 81, 1977; No. 17, 1986; No. 88, 1995; No. 146, 2001
s 161 .............................................. am. No. 81, 1977; No. 17, 1986; No. 88, 1995; No. 146, 2001
s. 162 ............................................. rs. No. 81, 1977
am. No. 17, 1986; No. 88, 1995; No. 58, 1997; No. 146, 2001;
No. 108, 2004; No. 103, 2010
s. 162A........................................... ad. No. 17, 1986
am. No. 146, 2001; No. 108, 2004
s. 163 ............................................. am. No. 88, 1976; No. 17, 1986; No. 20, 1988; No. 70, 1990;
No. 106, 1998; No. 57, 2000; No. 131, 2006; No. 59, 2009; No. 5,
2011; No 114, 2017
s. 163A........................................... ad. No. 88, 1976
am. No. 81, 1977; No. 39, 1983; No. 88, 1995; No. 58, 1997; No. 61,
1999; No. 57, 2000; No. 63, 2001; No. 108, 2004; Nos. 59 and 111,
2009; No. 103, 2010; No. 136, 2012; No 83, 2014
s. 164 ............................................. rep. No. 81, 1977
s. 165 ............................................. am. No. 17, 1986; No. 59, 2009; No 114, 2017
s. 166 ............................................. am. No. 88, 1976; No. 81, 1977; No 114, 2017
s. 167 ............................................. am. No. 70, 1990; No. 88, 1995; No. 108, 2004
s. 168 ............................................. rep. No. 81, 1977
s. 169 ............................................. rs. No. 88, 1976
rep. No. 81, 1977
s. 170 ............................................. am. No. 88, 1976; No. 81, 1977; No. 61, 1981; No. 17, 1986;
No. 106, 1992; No. 88, 1995; No. 36, 1998; No. 146, 1999; No. 131,
2006; No. 103, 2010; No 114, 2017
s 171 .............................................. am No 88, 1976; No 88, 1995; No 63, 2001; No 92, 2006; No 131,
2006; No 103, 2010; No 92, 2017
s. 171A........................................... ad. No. 136, 1991
s. 171B ........................................... ad. No. 58, 1997
am. No. 140, 2010
s. 172 ............................................. am. No. 81, 1977; No. 136, 1991; No. 141, 1994; No. 88, 1995;
No. 108, 2004; No. 131, 2006; No. 45, 2007; No. 103, 2010; No 114,
2017
s. 173 ............................................. ad. No. 106, 1998
Part XIII
Part XIII ......................................... ad. No. 59, 2009
Division 1
s 174 .............................................. ad No 59, 2009
am No 114, 2017
s 175 .............................................. ad No 59, 2009
s 176 .............................................. ad No 59, 2009
s 177 .............................................. ad No 59, 2009
s 178 .............................................. ad No 59, 2009
Division 2
Part 3-1
Division 1
ss. 29–38 ........................................ ad. No. 103, 2010
Division 2
s 39 ................................................ ad No 103, 2010
s 40 ................................................ ad No 103, 2010
am No 132, 2018
s 41 ................................................ ad No 103, 2010
s 42 ................................................ ad No 103, 2010
am No 132, 2018
s 43 ................................................ ad No 103, 2010
Division 3
ss. 44–46 ........................................ ad. No. 103, 2010
Division 4
s. 47 ............................................... ad. No. 103, 2010
s. 48 ............................................... ad. No. 103, 2010
am. No. 104, 2013; No 132, 2018
Division 5
ss. 49, 50 ........................................ ad. No. 103, 2010
Part 3-2
Division 1
Subdivision A
ss. 51–59 ........................................ ad. No. 103, 2010
Subdivision B
s 60 ................................................ ad No 103, 2010
s 61 ................................................ ad No 103, 2010
s 62 ................................................ ad No 103, 2010
s 63 ................................................ ad No 103, 2010
am No 132, 2018
Subdivision C
s. 64 ............................................... ad. No. 103, 2010