Competition and Consumer Act 2010

If a declaration mentioned in subsection (2) is in force, the Commission may, in writing, determine that one or more specified provisions of Division 1 or 2 of Part IV do not apply to a kind of conduct specified in the determination.

The declarations are the following:

a declaration under section 95AE;

a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020).

The Commission must not make a determination under subsection (1) unless the Commission is satisfied that, in all the circumstances, the conduct of that kind would assist, or would be likely to assist, in the response to or recovery from the exceptional circumstances or emergency to which the declaration relates.

In making a determination under subsection (1), the Commission:

must have regard to:

the likely benefit to the public resulting from the assistance, or likely assistance, in response to or recovery from the exceptional circumstances to which the declaration relates; and

the detriment to the public that would result, or be likely to result, from the conduct; and

may have regard to any other public benefit that would result or likely result from the conduct.

The Commission may specify in the determination any one or more of the following limitations:

a limitation to persons of a specified kind;

a limitation to circumstances of a specified kind;

a limitation to conduct that complies with specified conditions.

Without limiting paragraph (5)(c), a condition may include a requirement to obtain the approval of the Commission before engaging in certain conduct.

The determination is in force for the period:

starting on the day specified in the determination (which may be before the commencement of this section, but must not be before 1 April 2026); and

ending at the earliest of the following:

the start of the day specified in the determination;

if the determination is revoked—the end of the day the revocation takes effect;

the end of the last day on which a declaration mentioned in subsection (2) to which the determination relates is in force.

While the determination remains in force, but subject to section 95AD and any limitations specified under subsection (5) of this section, the provisions of Division 1 or 2 of Part IV specified in the determination do not apply in relation to conduct of the kind specified in the determination.

The determination must specify the exceptional circumstances or emergency to which it relates.

A determination made under subsection (1) is a legislative instrument and, despite anything in section 44 of the Legislation Act 2003, section 42 (disallowance) of that Act applies to the instrument.

For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.