Competition and Consumer Act 2010

The Governor‑General may make regulations prescribing matters:

required or permitted by Schedule 2 to be prescribed; or

necessary or convenient to be prescribed for carrying out or giving effect to that Schedule.

Before the Governor‑General makes a regulation for the purposes of paragraph 25(n) of Schedule 2 prescribing a kind of term of a contract, or a kind of effect that such a term has, the Commonwealth Minister must take into consideration:

the detriment that a term of that kind would cause to consumers; and

the detriment that a term of that kind would cause to persons who carry on a business and employ fewer than 100 persons; and

the impact on business generally of prescribing that kind of term or effect; and

the public interest.

Before the Governor‑General makes a regulation prescribing a law for the purposes of subsection 28(4) of Schedule 2:

the Commonwealth Minister must be satisfied that the law provides enforceable protections for persons who carry on a business and employ fewer than 100 persons that are equivalent to the protections provided by Part 2‑3, together with Parts 5‑1 and 5‑2, of Schedule 2; and

the Commonwealth Minister must take into consideration:

any detriment to businesses of that kind resulting from prescribing the law; and

the impact on business generally resulting from prescribing the law; and

the public interest.

Before the Governor‑General makes a regulation under subsection (1) for the purposes of paragraph 65(1)(a) of Schedule 2 in relation to supplies of a particular kind, the Commonwealth Minister must be satisfied that:

the laws of the Commonwealth; and/or

the laws of the States and Territories;

The regulations may, either unconditionally or subject to such conditions as are specified in the regulations, exempt from the application of Schedule 2 or of specified provisions of Schedule 2:

conduct engaged in by a specified organisation or body that performs functions in relation to the marketing of primary products; or

any of the following:

a specified contract or proposed contract made;

contracts included in a specified class of contracts made;

specified conduct entered into;

prescribed conduct engaged in in the course of a business carried on by the Commonwealth or by a prescribed authority of the Commonwealth.

Strict compliance with a form of application or notice prescribed for the purposes of Schedule 2 is not, and is taken never to have been, required and substantial compliance is, and is taken always to have been, sufficient.