Competition and Consumer Act. Australia

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      6 Extended application of this Act to persons who are not corporations [see Note 2]

      (1) Without prejudice to its effect apart from this section, this Act also has effect as provided by this section.

      (2) This Act, other than Parts IIIA, VIIA and X, has, by force of this subsection, the effect it would have if:

      (a) any references in this Act other than in section 45DB, or section 33 or 155 of the Australian Consumer Law, to trade or commerce were, by express provision, confined to trade or commerce:

      (i) between Australia and places outside Australia; or

      (ii) among the States; or

      (iii) within a Territory, between a State and a Territory or between two Territories; or

      (iv) by way of the supply of goods or services to the Commonwealth or an authority or instrumentality of the Commonwealth; and

      (b) the following provisions:

      (i) sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK, 45, 45B, 45D to 45EB (other than section 45DB), 46 and 46A;

      (ii) Part VIII;

      (iii) sections 31 and 43, Division 3 of Part 3–1, and sections 50, 153, 163, 164 and 168, of the Australian Consumer Law;

      were, by express provision, confined in their operation to engaging in conduct to the extent to which the conduct takes place in the course of or in relation to:

      (iv) trade or commerce between Australia and places outside Australia; or

      (v) trade or commerce among the States; or

      (vi) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or

      (vii) the supply of goods or services to the Commonwealth or an authority or instrumentality of the Commonwealth; and

      (c) any reference in Division 1 of Part 3–2 of the Australian Consumer Law to a contract for the supply of goods or services and any reference in Part 3–5 or 5–4 of the Australian Consumer Law to the supply of goods or services, were, by express provision, confined to a contract made, or the supply of goods or services, as the case may be:

      (i) in the course of, or in relation to, trade or commerce between Australia and places outside Australia; or

      (ii) in the course of, or in relation to, trade or commerce among the States; or

      (iii) in the course of, or in relation to, trade or commerce within a Territory, between a State and a Territory or between two Territories; and

      (ca) any reference in Part 2–3 of the Australian Consumer Law to a contract were, by express provision, confined to a contract made:

      (i) in the course of, or in relation to, trade or commerce between Australia and places outside Australia; or

      (ii) in the course of, or in relation to, trade or commerce among the States; or

      (iii) in the course of, or in relation to, trade or commerce within a Territory, between a State and a Territory or between two Territories; and

      (d) in subsection 45(1) and subparagraph 87(3)(a)(i) the words “in so far as it confers rights or benefits or imposes duties or obligations on a corporation” were omitted; and

      (e) in subsection 45B(1) and subparagraph 87(3)(a)(ii) the words “in so far as it confers rights or benefits or imposes duties or obligations on a corporation or on a person associated with a corporation” were omitted; and

      (ea) subsections 45D(3), 45D(4) and 45DA(3) were repealed, the words “In the circumstances specified in subsections (3) and (4)” were omitted from subsection 45D(1) and the words “In the circumstances specified in subsection (3)” were omitted from subsection 45DA(1); and

      (eb) the second sentence in subsection 45E(1) were omitted; and

      (g) subsection 96(2) were omitted; and

      (h) subject to paragraphs (d), (e), (ea), (eb) and (g), a reference in this Act to a corporation, except a reference in section 4, 48, 49, 50, 50A, 77A, 81, 151AE or 151AJ or in section 229 of the Australian Consumer Law, included a reference to a person not being a corporation.

      (2A) So far as subsection (2) relates to Part IV, that subsection has effect in relation to a participating Territory as if the words “within a Territory,” were omitted from subparagraphs (2)(a)(iii) and (2)(b)(iii). For this purpose, participating Territory means a Territory that is a participating Territory within the meaning of Part XIA but is not named in a notice in operation under section 150K.

      (2C) In addition to the effect that this Act (other than Parts IIIA, VIIA and X) has as provided by another subsection of this section, this Act (other than Parts IIIA, VIIA and X) has, by force of this subsection, the effect it would have if:

      (a) the reference in paragraph 44ZZRD(2)(c) to goods or services supplied, or likely to be supplied, were, by express provision, confined to goods or services supplied, or likely to be supplied, to corporations or classes of corporations; and

      (b) the reference in paragraph 44ZZRD(2)(d) to goods or services acquired, or likely to be acquired, were, by express provision, confined to goods or services acquired, or likely to be acquired, from corporations or classes of corporations; and

      (c) the reference in paragraph 44ZZRD(2)(e) to goods or services re-supplied, or likely to be re-supplied, were, by express provision, confined to goods or services re-supplied, or likely to be re-supplied, to corporations or classes of corporations; and

      (d) the reference in paragraph 44ZZRD(2)(f) to goods or services likely to be re-supplied were, by express provision, confined to goods or services likely to be re-supplied to corporations or classes of corporations; and

      (e) the following paragraphs were added at the end of subsection 44ZZRD(2):

      “; or (g) goods or services re-supplied, or likely to be re-supplied, by corporations or classes of corporations to whom those goods or services were supplied by any or all of the parties to the contract, arrangement or understanding; or

      (h) СКАЧАТЬ