Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 151BUDA

  (1)   This section applies to a particular Ministerially - directed report given to the Commission by a carrier, or a carriage service provider, in accordance with the record - keeping rules.

Public access

  (2)   The Commission:

  (a)   may make:

  (i)   copies of the report or copies of extracts from the report; and

  (ii)   such other relevant material (if any) as the Commission determines;

    available to the public; and

  (b)   may also give a written direction to the carrier or provider requiring it to take such action as is specified in the direction to inform the public, or such persons as are specified in the direction, that the report is, or the extracts are, so available.

Note:   For specification by class, see subsection   33(3AB) of the Acts Interpretation Act 1901 .

Limited access

  (3)   The Commission may make:

  (a)   copies of the report or copies of extracts from the report; and

  (b)   such other relevant material (if any) as the Commission determines;

available:

  (c)   to particular persons; and

  (d)   on such terms and conditions (if any) as the Commission determines.

  (4)   If subsection   (3) applies, the Commission must take reasonable steps to inform the persons who access copies of the report or extracts of the terms and conditions (if any) on which the copies are available.

  (5)   If, in accordance with subsection   (3), a person accesses a copy of the report or extracts, the person must comply with the terms and conditions (if any) on which the copy is available.

Offences

  (6)   A person commits an offence if:

  (a)   the person is subject to a direction under paragraph   (2)(b); and

  (b)   the person omits to do an act; and

  (c)   the omission breaches the direction.

Penalty:   20 penalty units.

  (7)   A person commits an offence if:

  (a)   the person is subject to a requirement under subsection   (5); and

  (b)   the person does an act or omits to do an act; and

  (c)   the act or omission breaches the requirement.

Penalty:   100 penalty units.

Exercise of power by Commission

  (8)   The Commission may only exercise a power under this section as required by a direction in force under section   151BUAA.

Application of section   151BUA

  (9)   This section does not limit section   151BUA.