Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 53ZK

Object

             (1)  The object of this section is for Division 5 of Part XI to apply to a provision to which this section applies in a corresponding way to the way that Division applies to a provision of Part 2-2 of the Australian Consumer Law.

Note:          That Division is about infringement notices issued for alleged contraventions of provisions of the Australian Consumer Law.

             (2)  This section applies to the following provisions:

                     (a)  subsection 53ZQ(1);

                     (b)  subsection 53ZQ(2);

                     (c)  subsection 53ZQ(3);

                     (d)  section 53ZV;

                     (e)  subsection 53ZW(1);

                      (f)  a civil penalty provision of a gas market instrument, other than a provision that is a requirement for a gas market participant to deal with another gas market participant in good faith as mentioned in paragraph 53Q(b).

Extended application of Division 5 of Part XI etc.

             (3)  Division 5 of Part XI, and any other provision of this Act that relates to that Division, also apply in relation to a provision to which this section applies as if:

                     (a)  the substitutions in the following table were made; and

                     (b)  the following substitutions were made:

                              (i)  for a reference in item 1 of the table in section 134C to 60 penalty units, substitute a reference to 600 penalty units;

                             (ii)  for a reference in that item to 12 penalty units, substitute a reference to 60 penalty units.

             (4)  To avoid doubt, Division 2 of Part XI does not limit the application of section 53ZZA (about constitutional basis) to the extended application of Division 5 of Part XI as described in this section.

Judicial power

             (5)  Division 5 of Part XI, and any other provision of this Act that relates to that Division, have no effect to the extent to which they would otherwise:

                     (a)  apply in relation to a provision to which this section applies; and

                     (b)  purport to confer judicial power on the Commission.