{"id":"a-1996-21","name":"Competition Policy Reform Act 1996","slug":"competition-policy-reform-act-1996","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"21 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23313,"registerId":"act-a-1996-21-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Competition Policy Reform Act 1996","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCompetition Policy Reform Act 1996\nA1996-21\nRepublication No 5\nEffective: 16 November 2025\nRepublication date: 16 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Competition Policy Reform Act 1996 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 16 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCompetition Policy Reform Act 1996\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n2A Notes 2\n3 Terms defined in Competition and Consumer Act 2\nPart 2 Competition Code\n4 Competition Code text 3\n5 Application of Competition Code 3\n6 Future modifications of Competition Code text 3\n7 Interpretation of Competition Code 4\n8 Application of Competition Code 5\n9 Special provisions 6\n\nContents\nPage\ncontents 2 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Citing the Competition Code\n10 Citation of Competition Code of this jurisdiction 7\n11 References to Competition Code 7\n12 References to Competition Codes of other jurisdictions 7\nPart 4 Application of Competition Codes to Crown\n13 Application law of this jurisdiction 8\n14 Application law of other jurisdictions 8\n15 Activities that are not business 8\n16 Crown not liable to pecuniary penalty or prosecution 10\n17 Pt 4 overrides the prerogative 10\nPart 5 National administration and enforcement of\nCompetition Codes\nDivision 5.1 Preliminary\n18 Object of pt 5 11\nDivision 5.2 Conferral of functions\n19 Conferral of functions and powers on certain bodies 11\n20 Conferral of other functions and powers for law in this jurisdiction 11\nDivision 5.3 Jurisdiction of courts\n21 Jurisdiction of Federal Court 12\n22 Jurisdiction of courts of this jurisdiction 12\n23 Exercise of jurisdiction under cross-vesting provisions 12\nDivision 5.4 Offences\n24 Object 12\n25 Application of Commonwealth laws to offences against Competition\nCode of this jurisdiction 13\n26 Application of Commonwealth laws to offences against Competition\nCodes of other jurisdictions 14\n27 Functions given to Commonwealth officers and authorities 14\n28 Restriction of functions of officers and authorities of this jurisdiction 15\nDivision 5.5 Administrative law\n29 Meaning of Commonwealth administrative laws—div 5.5 15\n30 Application of Commonwealth administrative laws to Competition\nCode of this jurisdiction 16\n\nContents\nPage\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n31 Application of Commonwealth administrative laws to Competition\nCodes of other jurisdictions 16\n32 Functions given to Commonwealth officers and authorities—\nadministrative law 17\n33 Restriction of functions of officers and authorities of this jurisdiction—\nadministrative law 18\n33A References to the Administrative Review Tribunal Act 2024 (Cwlth),\npt 7 18\nPart 6 Miscellaneous\n34 No doubling-up of liabilities 19\n35 Things done for multiple purposes 19\n36 Reference in Commonwealth law to a provision of another law 19\n37 Fees and other money 20\n38 Regulation-making power 20\n39 Regulations for exceptions under Competition and Consumer Act, s 51\nor code 20\nDictionary 21\nEndnotes\n1 About the endnotes 24\n2 Abbreviation key 24\n3 Legislation history 25\n4 Amendment history 27\n5 Earlier republications 30\n\n\n\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCompetition Policy Reform Act 1996\nAn Act to apply certain laws of the Commonwealth relating to competition policy\nas laws of the Australian Capital Territory, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Competition Policy Reform Act 1996.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this Act\nand includes references (signpost definitions) to other terms defined\nelsewhere in this Act or in other legislation.\nFor example, the signpost definition ‘officer, of the Commonwealth—\nsee the Competition and Consumer Act, section 150A.’ means that the\nterm ‘officer’ is defined in that section and the definition applies to this\nAct.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n3 Terms defined in Competition and Consumer Act\nTerms defined in the Competition and Consumer Act have the same\nmeanings in this Act.\n\nCompetition Code Part 2\nSection 4\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Competition Code\n4 Competition Code text\n(1) The Competition Code text consists of—\n(a) the schedule version of part 4; and\n(b) the remaining provisions of the Competition and Consumer Act\n(except sections 2A, 5, 6 and 172), so far as they would relate to\nthe schedule version if the schedule version were substituted for\nthat Act, part 4.\nNote A reference to a provision of an Act includes a reference to the statutory\ninstruments made or in force under the provision, including regulations\n(see Legislation Act, s 104).\n(2) For the purpose of forming part of the Competition Code text—\n(a) the provisions referred to in subsection (1) (b) are to be modified\nas necessary to fit in with the schedule version of part 4; and\n(b) in particular, references to corporations are to include references\nto persons who are not corporations.\n5 Application of Competition Code\n(1) The Competition Code text, as in force for the time being, applies as\na law of the Australian Capital Territory.\n(2) This section has effect subject to section 6.\n6 Future modifications of Competition Code text\n(1) A modification made by a Commonwealth law to the Competition\nCode text—\n(a) does not apply under section 5 before the end of 2 months after\nthe day of the making of the modification unless the Minister,\nby writing, declares that it applies from an earlier day; and\n\nPart 2 Competition Code\nSection 7\npage 4 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) does not apply under that section at all if the Minister, by\nwriting, declares that it is to be excluded from the operation of\nthe section.\n(2) A declaration under subsection (1) is a notifiable instrument.\n(3) A declaration under subsection (1) (a)—\n(a) cannot declare a day that is earlier than—\n(i) the day of notification of the declaration under the\nLegislation Act; or\n(ii) the day the modification of the text commences; and\n(b) if it does appoint a day not allowed under paragraph (b)—is\ntaken to declare the day of notification of the declaration or the\nday the modification of the text commences, whichever is the\nlater.\n(4) For this section, the day a modification to the Competition Code text\ncommences is the day the Commonwealth Act making the\nmodification receives the royal assent or the regulation making the\nmodification is notified in the Commonwealth of Australia Gazette.\n7 Interpretation of Competition Code\n(1) The Acts Interpretation Act 1901 (Cwlth) applies as a law of this\njurisdiction to—\n(a) the Competition Code of this jurisdiction; and\n(b) any instrument under that code.\n(2) For subsection (1), the Commonwealth Act mentioned in that\nsubsection applies as if—\n(a) the statutory provisions in the Competition Code of this\njurisdiction were a Commonwealth Act; and\n\nCompetition Code Part 2\nSection 8\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the regulations in the Competition Code of this jurisdiction or\ninstruments mentioned in that subsection were regulations or\ninstruments under a Commonwealth Act.\n(3) The Legislation Act does not apply to—\n(a) the Competition Code of the Territory; or\n(b) any instrument under that code.\n8 Application of Competition Code\n(1) The Competition Code of this jurisdiction applies to and in relation\nto—\n(a) persons carrying on business within this jurisdiction; or\n(b) bodies corporate incorporated or registered under the law of this\njurisdiction; or\n(c) persons ordinarily resident in this jurisdiction; or\n(d) persons otherwise connected with this jurisdiction.\n(2) Subject to subsection (1), the Competition Code of this jurisdiction\nextends to conduct, and other acts, matters and things, occurring or\nexisting outside or partly outside this jurisdiction (whether within or\noutside Australia).\n(3) Where a claim under section 82 of the Competition Code of this\njurisdiction is made in a proceeding, a person is not entitled to rely at\na hearing in respect of that proceeding on conduct to which a\nprovision of the code extends occurring outside Australia except with\nthe consent in writing of the Commonwealth Minister.\n(4) A person other than the Commonwealth Minister or the commission\nis not entitled to make an application to the court for an order under\nthe Competition Code of this jurisdiction, section 87 (1) or (1A) in a\nproceeding in respect of conduct to which a provision of the code\nextends occurring outside Australia except with the consent in writing\nof the Commonwealth Minister.\n\nPart 2 Competition Code\nSection 9\npage 6 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) The Commonwealth Minister is required to give a consent under\nsubsection (3) or (4) in respect of a proceeding unless, in the opinion\nof the Commonwealth Minister—\n(a) the law of the country in which the conduct concerned was\nengaged in required or specifically authorised the engaging in of\nthe conduct; and\n(b) it is not in the national interest that the consent be given.\n(6) In this section:\nCommonwealth Minister means a Minister of State for the\nCommonwealth administering the Competition and Consumer Act,\npart 4.\n9 Special provisions\nThe references in the Competition Code of this or another\nparticipating jurisdiction, sections 45 and 45B to the commencement\nof this section are taken to be references to the commencement of the\nprovision of the law of that jurisdiction that provides that the\nCompetition Code text as in force for the time being applies as a law\nof that jurisdiction.\n\nCiting the Competition Code Part 3\nSection 10\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Citing the Competition Code\n10 Citation of Competition Code of this jurisdiction\nThe Competition Code text applying as a law of this jurisdiction may\nbe cited as the Competition Code of the Australian Capital Territory.\n11 References to Competition Code\n(1) The object of this section is to help ensure that the Competition Code\nof this jurisdiction can operate, in appropriate circumstances, as if that\ncode, together with the Competition Code of each other participating\njurisdiction, constituted a single national Competition Code applying\nthroughout the participating jurisdictions.\n(2) A reference in any instrument to the Competition Code is a reference\nto the Competition Codes of any or all of the participating\njurisdictions.\n(3) Subsection (2) has effect except so far as the contrary intention\nappears in the instrument or the context of the reference otherwise\nrequires.\n12 References to Competition Codes of other jurisdictions\n(1) This section has effect for an Act, a law of this jurisdiction or an\ninstrument under an Act or such a law.\n(2) If a law of a participating jurisdiction other than this jurisdiction\nprovides that the Competition Code text as in force for the time being\napplies as a law of that jurisdiction, the Competition Code of that\njurisdiction is the Competition Code text, applying as a law of that\njurisdiction.\n\nPart 4 Application of Competition Codes to Crown\nSection 13\npage 8 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Application of Competition\nCodes to Crown\n13 Application law of this jurisdiction\nThe application law of this jurisdiction binds (so far as the legislative\npower of Parliament permits) the Crown in right of this jurisdiction\nand of each other jurisdiction, so far as the Crown carries on a\nbusiness, either directly or by an authority of the jurisdiction\nconcerned.\n14 Application law of other jurisdictions\nThe application law of each participating jurisdiction other than this\njurisdiction binds the Crown in right of this jurisdiction, so far as the\nCrown carries on a business, either directly or by an authority of this\njurisdiction.\n15 Activities that are not business\n(1) For sections 13 and 14, the following do not amount to carrying on a\nbusiness:\n(a) imposing or collecting—\n(i) taxes; or\n(ii) levies; or\n(iii) fees for licences;\n(b) granting, refusing to grant, revoking, suspending or varying\nlicences (whether or not they are subject to conditions);\n(c) a transaction involving—\n(i) only persons who are all acting for the Crown in the same\nright (and none of whom is an authority of a State); or\n\nApplication of Competition Codes to Crown Part 4\nSection 15\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) only persons who are all acting for the same authority of a\nState; or\n(iii) only the Crown in right of a State and 1 or more\nnon-commercial authorities of that State; or\n(iv) only non-commercial authorities of the same State;\n(d) the acquisition of primary products by a government body under\nlegislation, unless the acquisition occurs because—\n(i) the body chooses to acquire the products; or\n(ii) the body has not exercised a discretion that it has under the\nlegislation that would allow it not to acquire the products.\n(2) Subsection (1) does not limit the things that do not amount to carrying\non a business for sections 13 and 14.\n(3) In this section:\nacquisition of primary products by a government body under\nlegislation includes vesting of ownership of primary products in a\ngovernment body by legislation.\ngovernment body means a State or an authority of a State.\nlicence means a licence that allows the licensee to supply goods or\nservices.\nprimary products means—\n(a) agricultural or horticultural produce; or\n(b) crops, whether on or attached to the land or not; or\n(c) animals (whether dead or alive); or\n(d) the bodily produce (including natural increase) of animals.\n(4) For this section, an authority of a State is non-commercial if—\n(a) it is constituted by only 1 person; and\n\nPart 4 Application of Competition Codes to Crown\nSection 16\npage 10 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) it is neither a trading corporation nor a financial corporation.\n16 Crown not liable to pecuniary penalty or prosecution\n(1) Nothing in the application law of this jurisdiction makes the Crown\nin any capacity liable to a pecuniary penalty or to be prosecuted for\nan offence.\n(2) Without limiting subsection (1), nothing in the application law of a\nparticipating jurisdiction makes the Crown in right of this jurisdiction\nliable to a pecuniary penalty or to be prosecuted for an offence.\n(3) The protection in subsection (1) or (2) does not apply to an authority\nof any jurisdiction.\n17 Pt 4 overrides the prerogative\nIf, because of this part, a provision of the law of another participating\njurisdiction binds the Crown in right of this jurisdiction, the Crown in\nthat right is subject to that provision despite any prerogative right or\nprivilege.\n\nNational administration and enforcement of Competition Codes Part 5\nPreliminary Division 5.1\nSection 18\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 National administration and\nenforcement of Competition\nCodes\nDivision 5.1 Preliminary\n18 Object of pt 5\nThe object of this part is to help ensure that the Competition Codes\nof the participating jurisdictions are administered on a uniform basis,\nin the same way as if those Codes constituted a single law of the\nCommonwealth.\nDivision 5.2 Conferral of functions\n19 Conferral of functions and powers on certain bodies\nThe authorities and officers of the Commonwealth referred to in the\nCompetition Code of this jurisdiction, including (but not limited to)\nthe commission, the tribunal and the council, have the functions given\nto them under the Competition Code of this jurisdiction.\nNote 1 Function includes authority, duty and power (see Legislation Act,\ndictionary, pt 1).\nNote 2 A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n20 Conferral of other functions and powers for law in this\njurisdiction\nThe commission and the tribunal have power to do acts in this\njurisdiction in the exercise of any function expressed to be conferred\non them by the Competition Code of another participating\njurisdiction.\n\nPart 5 National administration and enforcement of Competition Codes\nDivision 5.3 Jurisdiction of courts\nSection 21\npage 12 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 5.3 Jurisdiction of courts\n21 Jurisdiction of Federal Court\nJurisdiction is conferred on the Federal Court with respect to all civil\nand criminal matters arising under the Competition Code of this\njurisdiction.\n22 Jurisdiction of courts of this jurisdiction\nSubject to section 23, the courts of this jurisdiction do not have\njurisdiction with respect to the matters referred to in section 21.\n23 Exercise of jurisdiction under cross-vesting provisions\nThis part does not affect the operation of any law of this jurisdiction\nrelating to cross-vesting of jurisdiction.\nDivision 5.4 Offences\n24 Object\n(1) The object of this division is to further the object of this part by\nproviding—\n(a) for an offence against the Competition Code of this jurisdiction\nto be treated as if it were an offence against a law of the\nCommonwealth; and\n(b) for an offence against the Competition Code of another\nparticipating jurisdiction to be treated in this jurisdiction as if it\nwere an offence against a law of the Commonwealth.\n(2) The purposes for which an offence is to be treated as mentioned in\nsubsection (1) include, for example (but without limitation)—\n(a) the investigation and prosecution of offences; and\n(b) the arrest, custody, bail, trial and conviction of offenders or\npersons charged with offences; and\n\nNational administration and enforcement of Competition Codes Part 5\nOffences Division 5.4\nSection 25\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) proceedings relating to a matter referred to in paragraph (a) or\n(b); and\n(d) appeals and review relating to criminal proceedings and to\nproceedings of the kind referred to in paragraph (c); and\n(e) the sentencing, punishment and release of persons convicted of\noffences; and\n(f) fines, penalties and forfeitures; and\n(g) liability to make reparation in connection with offences; and\n(h) proceeds of crime; and\n(i) spent convictions.\n25 Application of Commonwealth laws to offences against\nCompetition Code of this jurisdiction\n(1) The Commonwealth laws apply as laws of this jurisdiction in relation\nto an offence against the Competition Code of this jurisdiction as if\nthat code were a law of the Commonwealth and not a law of this\njurisdiction.\n(2) For a law of this jurisdiction, an offence against the Competition Code\nof this jurisdiction—\n(a) is taken to be an offence against the laws of the Commonwealth,\nin the same way as if that code were a law of the\nCommonwealth; and\n(b) is taken not to be an offence against the laws of this jurisdiction.\n(3) Subsection (2) has effect for a law of this jurisdiction except as\nprescribed by regulation under this Act.\n\nPart 5 National administration and enforcement of Competition Codes\nDivision 5.4 Offences\nSection 26\npage 14 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26 Application of Commonwealth laws to offences against\nCompetition Codes of other jurisdictions\n(1) The Commonwealth laws apply as laws of this jurisdiction in relation\nto an offence against the Competition Code of another participating\njurisdiction as if that code were a law of the Commonwealth and not\na law of that other jurisdiction.\n(2) For a law of this jurisdiction, an offence against the Competition Code\nof another participating jurisdiction—\n(a) is taken to be an offence against the laws of the Commonwealth,\nin the same way as if that code were a law of the\nCommonwealth; and\n(b) is taken not to be an offence against the laws of that jurisdiction.\n(3) Subsection (2) has effect for a law of this jurisdiction except as\nprescribed by regulation under this Act.\n(4) This section does not require, prohibit, empower, authorise or\notherwise provide for, the doing of an act outside this jurisdiction.\n27 Functions given to Commonwealth officers and\nauthorities\n(1) A Commonwealth law applying because of section 25 that gives a\nCommonwealth officer or authority a function in relation to an\noffence against the Competition and Consumer Act also gives the\nofficer or authority the same function in relation to an offence against\nthe corresponding provision of the Competition Code of this\njurisdiction.\nNote Function includes authority, duty and power (see Legislation Act,\ndictionary, pt 1).\n\nNational administration and enforcement of Competition Codes Part 5\nAdministrative law Division 5.5\nSection 28\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A Commonwealth law applying because of section 26 that gives a\nCommonwealth officer or authority a function in relation to an\noffence against the Competition and Consumer Act also gives the\nofficer or authority the same function in relation to an offence against\nthe corresponding provision of the Competition Code of another\nparticipating jurisdiction.\n(3) The function referred to in subsection (2) may only be exercised in\nthis jurisdiction.\n(4) In exercising a function given by subsection (1) or (2), the\nCommonwealth officer or authority must act as nearly as practicable\nas the officer or authority would act in exercising the same function\nin relation to an offence against the corresponding provision of the\nCompetition and Consumer Act.\n28 Restriction of functions of officers and authorities of this\njurisdiction\nWhere, under this division, a function is given to a Commonwealth\nofficer or authority, that function may not be exercised by an officer\nor authority of this jurisdiction.\nNote Function includes authority, duty and power (see Legislation Act,\ndictionary, pt 1).\nDivision 5.5 Administrative law\n29 Meaning of Commonwealth administrative laws—div 5.5\nIn this division:\nCommonwealth administrative laws means the following:\n(a) the Administrative Review Tribunal Act 2024 (Cwlth), other\nthan part 7 (Appeals and references of questions of law to\nFederal Court);\n(b) the Freedom of Information Act 1982 (Cwlth);\n\nPart 5 National administration and enforcement of Competition Codes\nDivision 5.5 Administrative law\nSection 30\npage 16 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the Ombudsman Act 1976 (Cwlth);\n(d) the Privacy Act 1988 (Cwlth).\nNote A reference to a Cwlth Act includes a reference to the statutory\ninstruments made or in force under that Act, including regulations (see\nLegislation Act, s 104).\n30 Application of Commonwealth administrative laws to\nCompetition Code of this jurisdiction\n(1) The Commonwealth administrative laws apply as laws of this\njurisdiction to any matter arising in relation to the Competition Code\nof this jurisdiction as if that code were a law of the Commonwealth\nand not a law of this jurisdiction.\n(2) For a law of this jurisdiction, a matter arising in relation to the\nCompetition Code of this jurisdiction—\n(a) is taken to be a matter arising in relation to laws of the\nCommonwealth in the same way as if that code were a law of\nthe Commonwealth; and\n(b) is taken not to be a matter arising in relation to laws of this\njurisdiction.\n(3) Subsection (2) has effect for a law of this jurisdiction except as\nprescribed by regulation under this Act.\n31 Application of Commonwealth administrative laws to\nCompetition Codes of other jurisdictions\n(1) The Commonwealth administrative laws apply as laws of this\njurisdiction to any matter arising in relation to the Competition Code\nof another participating jurisdiction as if that code were a law of the\nCommonwealth and not a law of that jurisdiction.\n\nNational administration and enforcement of Competition Codes Part 5\nAdministrative law Division 5.5\nSection 32\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) For a law of this jurisdiction, a matter arising in relation to the\nCompetition Code of another participating jurisdiction—\n(a) is taken to be a matter arising in relation to laws of the\nCommonwealth in the same way as if that code were a law of\nthe Commonwealth; and\n(b) is taken not to be a matter arising in relation to laws of that\njurisdiction.\n(3) Subsection (2) has effect for a law of this jurisdiction except as\nprescribed by regulation under this Act.\n(4) This section does not require, prohibit, empower, authorise or\notherwise provide for, the doing of an act outside this jurisdiction.\n32 Functions given to Commonwealth officers and\nauthorities—administrative law\n(1) A Commonwealth administrative law applying because of section 30\nthat gives a Commonwealth officer or authority a function also gives\nthe officer or authority the same function in relation to a matter arising\nin relation to the Competition Code of this jurisdiction.\nNote Function includes authority, duty and power (see Legislation Act,\ndictionary, pt 1).\n(2) A Commonwealth administrative law applying because of section 31\nthat gives a Commonwealth officer or authority a function also gives\nthe officer or authority the same function in relation to a matter arising\nin relation to the Competition Code of another participating\njurisdiction.\n(3) The function referred to in subsection (2) may only be exercised in\nthis jurisdiction.\n(4) In exercising a function given by subsection (1) or (2), the\nCommonwealth officer or authority must act as nearly as practicable\nas the officer or authority would act in exercising the same function\nunder the Commonwealth administrative law.\n\nPart 5 National administration and enforcement of Competition Codes\nDivision 5.5 Administrative law\nSection 33\npage 18 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n33 Restriction of functions of officers and authorities of this\njurisdiction—administrative law\nWhere, under this division, a function is given to a Commonwealth\nofficer or authority, that function may not be exercised by an officer\nor authority of this jurisdiction.\n33A References to the Administrative Review Tribunal\nAct 2024 (Cwlth), pt 7\nFor sections 30 and 31, a reference in a provision of the\nAdministrative Review Tribunal Act 2024 (Cwlth) (as that provision\napplies as a law of this jurisdiction) to that Act, part 7 (Appeals and\nreferences of questions of law to Federal Court), or any provision of\nthat part, is a reference to the part or provision of that part as it has\neffect as a law of the Commonwealth.\n\nMiscellaneous Part 6\nSection 34\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Miscellaneous\n34 No doubling-up of liabilities\n(1) If—\n(a) an act or omission is an offence against the Competition Code\nof this jurisdiction and is also an offence against the Competition\nand Consumer Act or an application law of another participating\njurisdiction; and\n(b) the offender has been punished for the offence under the\nCompetition and Consumer Act or the application law of the\nother jurisdiction;\nthe offender is not liable to be punished for the offence against the\nCompetition Code of this jurisdiction.\n(2) If a person has been ordered to pay a pecuniary penalty under the\nCompetition and Consumer Act or the application law of another\nparticipating jurisdiction, the person is not liable to a pecuniary\npenalty under the Competition Code of this jurisdiction in respect of\nthe same conduct.\n35 Things done for multiple purposes\nThe validity of an authorisation, notification or any other thing given\nor done for the Competition Code of this jurisdiction is not affected\nonly because it was given or done also for the Competition and\nConsumer Act or the Competition Code of 1 or more other\njurisdictions.\n36 Reference in Commonwealth law to a provision of\nanother law\nFor section 25, 26, 30 or 31, a reference in a Commonwealth law to a\nprovision of that or another Commonwealth law is taken to be a\nreference to that provision as applying because of that section.\n\nPart 6 Miscellaneous\nSection 37\npage 20 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n37 Fees and other money\n(1) All fees, taxes, penalties (including pecuniary penalties referred to in\nthe Competition Code, section 76), fines and other money that, under\nthe application law of this jurisdiction, are authorised or directed to\nbe payable by or imposed on any person must be paid to the\nCommonwealth.\n(2) Subsection (1) does not apply to amounts recovered for loss or\ndamage as referred to in the Competition Code, section 82 or 87 and\nother amounts prescribed by regulation under this Act.\n(3) This subsection imposes the fees (including fees that are taxes) that\nthe regulations in the Competition Code of this jurisdiction prescribe.\n38 Regulation-making power\nThe Executive may make regulations for this Act.\n39 Regulations for exceptions under Competition and\nConsumer Act, s 51 or code\nWithout limiting any other power to make regulations under any other\nAct, regulations may be made under this Act specifically authorising\na specified thing to be done in this jurisdiction and referring expressly\nto the Competition and Consumer Act or the Competition Code.\n\nDictionary\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• function\n• Minister\n• notifiable instrument.\napplication law means—\n(a) a law of a participating jurisdiction that applies the Competition\nCode, either with or without modifications, as a law of the\nparticipating jurisdiction; or\n(b) the Competition Code, applying as a law of the participating\njurisdiction, either with or without modifications.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\ncommission means the Australian Competition and Consumer\nCommission established by the Competition and Consumer Act,\nsection 6A, and includes a member of the commission or a division\nof the commission performing functions of the commission.\nCommonwealth administrative laws, for division 5.5\n(Administrative law)—see section 29.\nCompetition and Consumer Act means the Competition and\nConsumer Act 2010 (Cwlth).\nCompetition Code means (according to the context)—\n(a) the Competition Code text; or\n(b) the Competition Code text, applying as a law of a participating\njurisdiction, either with or without modifications.\nCompetition Code text means the text described in section 4.\n\nDictionary\npage 22 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nConduct Code Agreement means the Conduct Code Agreement made\non 11 April 1995 between the Commonwealth, the State of New\nSouth Wales, the State of Victoria, the State of Queensland, the State\nof Western Australia, the State of South Australia, the State of\nTasmania, the Australian Capital Territory and the Northern Territory\nof Australia, as in force for the time being.\ncouncil means the National Competition Council established by the\nCompetition and Consumer Act, section 29A.\ninstrument means any document whatever, including—\n(a) an Act or an instrument made under an Act; or\n(b) a law of this jurisdiction or an instrument made under such a\nlaw; or\n(c) an award or other industrial determination or order, or an\nindustrial agreement; or\n(d) any other order (whether executive, judicial or otherwise); or\n(e) a notice, certificate or licence; or\n(f) an agreement; or\n(g) an application made, information or complaint laid, affidavit\nsworn, or warrant issued, for any purpose; or\n(h) an indictment, presentment, summons or writ; or\n(i) any other pleading in, or process issued in connection with, a\nlegal or other proceeding.\njurisdiction means a State.\nlaw, in relation to a Territory, means a law of, or in force in, that\nTerritory.\n\nDictionary\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nmonth means a period commencing at the beginning of a day of 1 of\nthe 12 months of the year and ending immediately before the\nbeginning of the corresponding day of the next month or, if there is\nno such corresponding day, ending at the expiration of the next\nmonth.\nofficer, of the Commonwealth—see the Competition and Consumer\nAct, section 150A.\nparticipating jurisdiction means a jurisdiction that is a party to the\nConduct Code Agreement and applies the Competition Code as a law\nof the jurisdiction, either with or without modifications.\nschedule version of part 4 means the text that is set out in the\nCompetition and Consumer Act, schedule.\nState includes a Territory.\nTerritory means the Australian Capital Territory or the Northern\nTerritory of Australia.\nthis jurisdiction means the Australian Capital Territory.\ntribunal means the Australian Competition tribunal referred to in the\nCompetition and Consumer Act, and includes a member of the\ntribunal or a division of the tribunal performing functions of the\ntribunal.\n\nEndnotes\n1 About the endnotes\npage 24 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nCompetition Policy Reform Act 1996 A1996-21\nnotified 4 June 1996 (Gaz 1996 No S101)\nss 1-3 and 40-45 commenced 4 June 1996 (s 2 (1))\nremainder commenced 20 July 1996 s 2 (2))\nas amended by\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 71\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\namdt 1.787, amdt 1.789 commenced 14 September 2001 (amdt 1.787,\namdt 1.789)\npt 71 remainder commenced 12 September 2001 (s 2 and see Gaz\n2001 No S65)\nJurisdiction of Courts Legislation Amendment Act 2001 A2001-71\nsch 1 pt 1\nnotified LR 14 September 2001\ncommenced 14 September 2001 (s 2)\nLegislation Amendment Act 2002 A2002-11 pt 2.9\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.9 commenced 28 May 2002 (s 2 (1))\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.22\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.22 commenced 12 April 2007 (s 2 (1))\nFair Trading (Australian Consumer Law) Amendment Act 2010\nA2010-54 sch 3 pt 3.5\nnotified LR 16 December 2010\ns 1, s 2 commenced 16 December 2010 (LA s 75 (1))\nsch 3 pt 3.5 commenced 1 January 2011 (s 2 (1))\n\nEndnotes\n3 Legislation history\npage 26 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.19, sch 4\npt 4.37\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.19, sch 4 pt 4.37 commenced 16 November 2025 (s 2 (1),\n(9))\n\nEndnotes\nAmendment history 4\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2001-71 amdt 1.1\nDictionary\ns 2 sub A2001-71 amdt 1.1\nam A2010-54 amdt 3.12\nNotes\ns 2A ins A2007-3 amdt 3.109\nTerms defined in Competition and Consumer Act\ns 3 hdg am A2010-54 amdt 3.12\ns 3 defs reloc to dict A2001-71 amdt 1.3\nam A2001-71 amdt 1.4; A2010-54 amdt 3.12\ndef modifications om A2001-71 amdt 1.2\ndef officer om A2001-71 amdt 1.2\nCompetition Code text\ns 4 am A2001-44 amdt 1.785; A2010-54 amdt 3.12\nFuture modifications of Competition Code text\ns 6 sub A2001-44 amdt 1.786\nam A2025-29 amdt 4.37\nInterpretation of Competition Code\ns 7 am A2002-11 amdt 2.17\nApplication of Competition Code\ns 8 am A2010-54 amdt 3.12\nPreliminary\ndiv 5.1 hdg (prev pt 5 div 1 hdg) renum R1 LA\nConferral of functions\ndiv 5.2 hdg (prev pt 5 div 2 hdg) renum R1 LA\nJurisdiction of courts\ndiv 5.3 hdg (prev pt 5 div 3 hdg) renum R1 LA\nOffences\ndiv 5.4 hdg (prev pt 5 div 4 hdg) renum R1 LA\nFunctions given to Commonwealth officers and authorities\ns 27 am A2010-54 amdt 3.12\nAdministrative law\ndiv 5.5 hdg (prev pt 5 div 5 hdg) renum R1 LA\n\nEndnotes\n4 Amendment history\npage 28 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nMeaning of Commonwealth administrative laws—div 5.5\ns 29 hdg sub A2007-3 amdt 3.110\ns 29 def Commonwealth administrative laws sub A2001-44\namdt 1.787\nam A2001-71 amdt 1.5; A2025-29 amdt 3.56\nReferences to the Administrative Review Tribunal Act 2024 (Cwlth), pt 7\ns 33A hdg sub A2025-29 amdt 3.57\ns 33A ins A2001-71 amdt 1.6\nam A2025-29 amdt 3.58\nNo doubling-up of liabilities\ns 34 am A2010-54 amdt 3.12\nThings done for multiple purposes\ns 35 am A2010-54 amdt 3.12\nRegulation-making power\ns 38 sub A2001-44 amdt 1.788\nam A2025-29 amdt 4.37\nRegulations for exceptions under Competition and Consumer Act, s 51 or\ncode\ns 39 hdg am A2010-54 amdt 3.12\ns 39 am A2010-54 amdt 3.12\nTransitional rules\npt 7 hdg om A2007-3 amdt 3.111\nDefinitions for pt 7\ns 40 om A2007-3 amdt 3.111\ndef code om A2007-3 amdt 3.111\ndef cut-off date om A2007-3 amdt 3.111\ndef existing contract om A2007-3 amdt 3.111\ndef operative date om A2007-3 amdt 3.111\nExisting contracts\ns 41 om A2007-3 amdt 3.111\nSection 51 exceptions\ns 42 om A2001-71 amdt 1.7\nTemporary exemption form pecuniary penalties\ns 43 om A2001-71 amdt 1.7\nAdvance authorisations\ns 44 om A2001-71 amdt 1.7\nRegulations relating to savings and transitional matters\ns 45 om A2001-71 amdt 1.7\n\nEndnotes\nAmendment history 4\nR5\n16/11/25\nCompetition Policy Reform Act 1996\nEffective: 16/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\ndict ins A2001-71 amdt 1.8\ndef application law sub A2001-44 amdt 1.789\nreloc from s 3 A2001-71 amdt 1.3\ndef commission reloc from s 3 A2001-71 amdt 1.3\nam A2010-54 amdt 3.12\ndef Commonwealth administrative laws ins A2007-3\namdt 3.112\ndef Competition and Consumer Act ins A2010-54 amdt 3.13\ndef Competition Code reloc from s 3 A2001-71 amdt 1.3\ndef Competition Code text reloc from s 3 A2001-71 amdt 1.3\ndef Conduct Code Agreement reloc from s 3 A2001-71 amdt\n1.3\ndef council reloc from s 3 A2001-71 amdt 1.3\nam A2010-54 amdt 3.14\ndef instrument reloc from s 3 A2001-71 amdt 1.3\ndef jurisdiction reloc from s 3 A2001-71 amdt 1.3\ndef law reloc from s 3 A2001-71 amdt 1.3\ndef month reloc from s 3 A2001-71 amdt 1.3\ndef officer ins A2001-71 amdt 1.8\nam A2010-54 amdt 3.14\ndef participating jurisdiction reloc from s 3 A2001-71\namdt 1.3\ndef schedule version of part 4 reloc from s 3 A2001-71 amdt\n1.3\nam A2010-54 amdt 3.14\ndef State reloc from s 3 A2001-71 amdt 1.3\ndef Territory reloc from s 3 A2001-71 amdt 1.3\ndef this jurisdiction reloc from s 3 A2001-71 amdt 1.3\ndef Trade Practices Act reloc from s 3 A2001-71 amdt 1.3\nom A2010-54 amdt 3.15\ndef tribunal reloc from s 3 A2001-71 amdt 1.3\nam A2010-54 amdt 3.16\n\nEndnotes\n5 Earlier republications\npage 30 Competition Policy Reform Act 1996\nEffective: 16/11/25\nR5\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A2001-71 25 January 2002\n2 A2002-11 30 May 2002\n3 A2007-3 12 April 2007\n4 A2010-54 1 January 2011\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of applying national competition policy laws to the ACT. While it has been amended over time to update references (e.g., changing from Trade Practices Act to Competition and Consumer Act, and updating administrative review tribunal references), these are maintenance amendments rather than scope expansions. The core function—adopting Commonwealth competition law as ACT law—has remained consistent since 1996."},"complexity_factors":["Extensive cross-referencing to the Commonwealth Competition and Consumer Act (Cwlth), requiring readers to consult external legislation","Complex mechanism for adopting Commonwealth law through the 'Competition Code text' concept (section 4), which involves textual substitution and modification rules","Nested conditional logic in section 6 regarding future modifications—automatic adoption is delayed by 2 months unless the Minister declares otherwise, with specific limitations on backdating","Multiple jurisdictional overlays: the Act deals with ACT law, Commonwealth law, and laws of other 'participating jurisdictions', creating a web of intergovernmental application","Specific exclusions and exceptions for Crown liability (Part 4) with detailed definitions of what constitutes 'carrying on a business' versus sovereign functions","Administrative law provisions (Division 5.5) that import Commonwealth administrative review mechanisms (ART Act, FOI Act, Ombudsman Act, Privacy Act) and apply them as ACT law","Signpost definitions in the Dictionary that point to definitions in other Acts (e.g., 'officer' defined in Commonwealth Act section 150A)","Transitional and modification rules that require tracking of Commonwealth amendments and Ministerial declarations"],"plain_english_summary":"This Act is the ACT's way of adopting national competition laws that apply across Australia. It essentially copies the Commonwealth's competition rules (the Competition and Consumer Act) and makes them ACT law, with some tweaks.\n\n**What it does:**\n- **Adopts the 'Competition Code'**: The Act takes the text of the Commonwealth Competition and Consumer Act (specifically Part 4 about restrictive trade practices) and applies it as ACT law. This means businesses in the ACT must follow the same competition rules as those operating under federal law.\n- **Expands who the rules apply to**: Unlike the federal law which mainly targets corporations, this ACT law applies to all 'persons' carrying on business in the ACT—including individuals, partnerships, and other entities, not just companies.\n- **Sets up national enforcement**: It gives federal bodies like the Australian Competition and Consumer Commission (ACCC) and the Australian Competition Tribunal power to enforce these rules in the ACT. It also gives the Federal Court jurisdiction over competition matters, rather than just ACT courts.\n- **Protects the Crown (government)**: Government activities are generally exempt from competition laws, except when the government is running a business. Even then, the Crown can't be fined or prosecuted—though government authorities can be.\n- **Prevents double punishment**: If someone is already punished under federal competition laws for the same conduct, they can't be punished again under ACT law.\n\n**Who it affects:**\n- Any business operating in the ACT\n- ACT residents and companies registered in the ACT\n- Government bodies when they engage in commercial activities\n- The ACCC and other federal regulators who now have powers in the ACT\n\n**Why it matters:**\nThis Act ensures the ACT participates in Australia's national competition policy. It prevents businesses from escaping competition rules by operating as non-corporate entities in the ACT, and it creates a seamless national system where the same regulator (the ACCC) enforces the same rules across all states and territories."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been changed by later amendments and additions recorded in the endnotes and amendment history. Notable scope changes reflected in the current text include: the formal listing of Commonwealth administrative laws that apply to Competition Code matters (added definitions and provisions in ss 29–33A, with references to the Administrative Review Tribunal Act 2024 in s 33A), amendments governing how future Commonwealth modifications to the Competition Code text apply in the ACT (s 6, as amended A2001-44 and A2025-29), and other definitional and machinery updates (see amendment history and endnotes). These amendments alter who exercises administrative and enforcement functions (ss 19, 27, 32) and update review and appeals pathways by tying ACT competition matters to specified Commonwealth administrative laws (ss 29–33A)."},"complexity_factors":["Extensive cross-references to Commonwealth statutes and instruments (Competition and Consumer Act, Administrative Review Tribunal Act 2024, FOI Act, Ombudsman Act, Privacy Act) creating layered legal interactions (see ss 4, 7, 29–33A).","Conferral of Commonwealth functions and prohibition on ACT officers exercising the same functions (ss 19, 27–28, 32–33) producing operational complexity about who enforces and how.","Ministerial discretions with time limits and exclusion powers over the automatic application of Commonwealth modifications to the adopted Code (s 6).","Extraterritorial application and consent requirements for reliance on conduct outside Australia (s 8(2)–(5)), adding procedural gates and jurisdictional nuance.","Division of liabilities and immunities for the Crown versus authorities and private entities (ss 13–16), requiring careful factual analysis whether a government activity is a \"business\" (s 15).","Treatment of ACT Competition Code offences as Commonwealth offences for criminal process (ss 24–27) and the Federal Court’s exclusive jurisdiction (ss 21–22), shifting forum and procedure rules.","Regulation-making powers and specified exceptions that can alter scope or application (ss 37(2), 38–39), placing important details in subordinate instruments.","Historical and recent amendments noted in endnotes (A2001-71, A2007-3, A2010-54, A2025-29) mean that definitions and administrative arrangements have evolved, so practitioners must track amendment history (endnotes and amendment history)."],"plain_english_summary":"### What this law does, who it affects, and how it works\n\n- What it does, mechanically\n  - The Act adopts the Commonwealth competition law text (the Competition Code text) and makes it a law of the Australian Capital Territory (ACT) so that the substantive competition rules in the Competition and Consumer Act (Part 4 / schedule version of Part 4) operate in the ACT (see s 4 and s 5).\n  - The text adopted is modified as needed to fit into the ACT framework (s 4(2)). Future Commonwealth amendments to the adopted text do not automatically apply in the ACT for two months (unless the ACT Minister says otherwise) and the Minister can also exclude particular Commonwealth modifications from applying in the ACT (s 6).\n  - The Act gives Commonwealth competition bodies and officers (for example, the commission, tribunal and council identified in the adopted text) the same functions and powers in the ACT that they have under the Competition Code (ss 19–20, 27, 32). Where those Commonwealth functions are in place, ACT officers or authorities are prevented from exercising the same functions (ss 28, 33).\n  - Civil and criminal jurisdiction for matters under the ACT Competition Code is conferred on the Federal Court (s 21) and, subject to cross‑vesting rules, excluded from ACT courts (s 22). Offences under the ACT Competition Code are treated as if they were Commonwealth offences for investigation, prosecution and related criminal processes (ss 24–26).\n  - Certain Commonwealth administrative laws (Administrative Review Tribunal Act 2024 (pt 7 exceptions noted), Freedom of Information Act 1982, Ombudsman Act 1976, Privacy Act 1988) apply to matters arising under the ACT Competition Code as if that code were Commonwealth law (ss 29–33A, 30–31). The Commonwealth officers exercising those administrative functions must act as nearly as practicable as they would under the Commonwealth laws (ss 32(4), 27(4)).\n  - The Act binds the Crown in the ACT, and binds the Crown in other participating jurisdictions to the ACT application law, but only so far as the Crown carries on a business (ss 13–14). Several activities are defined as not amounting to carrying on a business (s 15). The Crown itself is not liable to pecuniary penalty or prosecution under the application law (s 16(1)–(2)), although authorities are not exempt (s 16(3)).\n  - Fees, taxes, pecuniary penalties and other money authorised under the application law of the ACT are payable to the Commonwealth unless regulations provide otherwise (s 37).\n  - The Executive may make regulations under the Act and regulations can specifically authorise exceptions that refer expressly to the Competition and Consumer Act or the Competition Code (ss 38–39). The Act also contains provisions to avoid double penalties or multiple liability where conduct is governed by both Commonwealth law and the ACT code (s 34).\n\n- Stated policy purpose and the Act’s mechanisms for achieving it\n  - The Act (through s 18) expressly seeks uniform national administration and enforcement of Competition Codes across participating jurisdictions \"as if\" they formed a single Commonwealth law. Mechanisms used to pursue that objective include: adopting the Commonwealth Competition Code as ACT law (s 4–5); giving Commonwealth bodies their usual functions in the ACT (ss 19, 27, 32); treating ACT offences as Commonwealth offences for criminal process (ss 24–26); applying Commonwealth administrative laws to ACT competition matters (ss 29–33A); and centralising fee collection to the Commonwealth (s 37).\n\n- Testing the stated purpose against trade-offs, costs and incentives (mechanisms, not judgements)\n  - Centralised enforcement and administrative law application (ss 19, 27, 30–32) reduces duplication by directing investigations, prosecutions and administrative reviews through Commonwealth bodies. That changes who decides enforcement priorities and how processes (FOI, privacy, Ombudsman reviews, tribunal review) operate for ACT competition matters (ss 27, 30–32). The mechanism therefore shifts operational control of enforcement and administrative oversight from ACT-only institutions to Commonwealth bodies.\n  - The ACT Minister can delay or exclude the automatic application of Commonwealth modifications to the adopted Code (s 6). That creates a political and administrative lever in the ACT to slow or block particular Commonwealth changes; it also creates timing uncertainty for businesses and regulators while the Minister decides whether to adopt a modification early, later, or not at all.\n  - Businesses carrying on activity in the ACT (or connected with the ACT) are subject to the Competition Code as ACT law (s 8) and, where applicable, to Commonwealth processes for offences and administrative review (ss 24–26, 30–32). Compliance costs for those businesses arise from having to satisfy competition rules and to interact with Commonwealth enforcement and review processes instead of (or in addition to) ACT-only processes. The Act contains a provision to prevent double punishment where conduct is governed by both the Commonwealth Act and the ACT code (s 34), which limits duplicative penalties.\n  - The Crown is brought within the code when it carries on a business (ss 13–14). Several governmental activities are excluded from being \"carrying on a business\" (s 15), and the Crown itself is protected from pecuniary penalties and prosecution (s 16(1)–(2)) while authorities are not (s 16(3)). Those provisions change incentives within the public sector by making commercial activities of government subject to the code while non‑commercial governmental acts remain outside its reach.\n  - The Act gives the Commonwealth the right to be asked for written consent before ACT courts or private parties can rely on conduct occurring outside Australia in certain proceedings (s 8(3)–(5)). That mechanism centralises a control point over the extraterritorial application of the code and may slow or constrain cross‑border claims unless the Commonwealth Minister consents.\n  - Fees, penalties and other monies authorised by the ACT application law are payable to the Commonwealth (s 37(1)), so monetary proceeds and much fee income flow to the Commonwealth rather than to ACT coffers unless regulations provide otherwise (s 37(2)). That shifts financial incentives associated with enforcement and collections toward the Commonwealth.\n\n- Who pays, who decides, and what behaviour changes\n  - Who pays: businesses and persons subject to the Competition Code in the ACT bear compliance costs, potential pecuniary penalties, and fees authorised under the application law (s 8; s 37). The Commonwealth receives many of the fees and penalties (s 37(1)). The Crown is not liable to pecuniary penalty or prosecution (s 16(1)–(2)), but authorities may be (s 16(3)).\n  - Who decides: the ACT Parliament adopts the Code into law (ss 4–5), the ACT Minister controls whether and when Commonwealth modifications apply in the ACT (s 6), and the Commonwealth Minister must consent before certain extraterritorial conduct is relied on in ACT proceedings (s 8(3)–(5)). Commonwealth bodies exercise enforcement and administrative functions in the ACT where provided by the Act (ss 19, 27, 32).\n  - What behaviour changes: private businesses must comply with the Competition Code as ACT law (s 8). Government entities that carry on commercial activities must do so subject to the Code (ss 13–14) but routine governmental acts defined as not a business remain outside its scope (s 15). The presence of Commonwealth enforcement processes and federal judicial jurisdiction (ss 21, 24–27, 30–32) changes the practical path to investigation, prosecution, and review for competition law matters.\n\n- Implementation and compliance risks, discretion and regulatory levers\n  - Ministerial discretion over adopting Commonwealth modifications (s 6) is a key implementation lever that can cause timing variance between Commonwealth and ACT rules.\n  - Commonwealth Ministerial consent is required for reliance on extraterritorial conduct in certain proceedings (s 8(3)–(5)); that is an additional gatekeeper function.\n  - The Act permits the Executive and regulations to create exceptions or to prescribe matters that would otherwise be covered (ss 38–39, s 37(2)). These regulatory powers concentrate implementation detail in subordinate instruments.\n  - The conferral of functions to Commonwealth officers and the prohibition on ACT officers exercising those same functions (ss 27–28, 32–33) centralises operational discretion at Commonwealth bodies and can change local administrative practice.\n\n- Concrete trade-offs visible in the text\n  - Concentration of enforcement and administrative oversight under Commonwealth institutions aims to produce uniform national administration (s 18), while the ACT retains the power to delay/exclude specific Commonwealth textual changes for up to two months or longer by regulation or Ministerial decision (s 6). That creates a tension between national uniformity and local control over timing and local exceptions.\n\nKey provisions to consult: ss 4–6, 8, 13–17, 18, 19–20, 21–23, 24–33A, 34–39."}},"importantCases":[],"_links":{"self":"/api/acts/competition-policy-reform-act-1996","history":"/api/acts/competition-policy-reform-act-1996/history","analysis":"/api/acts/competition-policy-reform-act-1996/analysis","conflicts":"/api/acts/competition-policy-reform-act-1996/conflicts","importantCases":"/api/acts/competition-policy-reform-act-1996/important-cases","documents":"/api/acts/competition-policy-reform-act-1996/documents"}}