{"id":"qld:act-1996-016","name":"Competition Policy Reform (Queensland) Act 1996","slug":"competition-policy-reform-queensland-act-1996","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"16 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104696,"registerId":"qld-act-1996-016-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Competition Policy Reform (Queensland) Act 1996 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis part, section 39 and parts 7 and 8 commence on the date of assent.\nThe remaining provisions of this Act commence on 21 July 1996, but, if the commencement of those provisions is postponed under subsection (3) , they commence on the day to which their commencement has been postponed (or the later or latest of those days).\nThe commencement of the provisions referred to in subsection (2) may be postponed from time to time by regulation made by the Governor in Council, but any such postponement can not be effected after the provisions have commenced.\n(sec.2-ssec.1) This part, section 39 and parts 7 and 8 commence on the date of assent.\n(sec.2-ssec.2) The remaining provisions of this Act commence on 21 July 1996, but, if the commencement of those provisions is postponed under subsection (3) , they commence on the day to which their commencement has been postponed (or the later or latest of those days).\n(sec.2-ssec.3) The commencement of the provisions referred to in subsection (2) may be postponed from time to time by regulation made by the Governor in Council, but any such postponement can not be effected after the provisions have commenced.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Act—\napplication law means—\na law of a participating jurisdiction that applies the Competition Code, either with or without modifications, as a law of the participating jurisdiction; or\nany regulations or other legislative instrument made under a law described in paragraph (a) ; or\nthe Competition Code, applying as a law of the participating jurisdiction, either with or without modifications.\nCode , for part 7 , see section 40 .\nCommission means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act , and includes a member of the commission or a division of the commission performing functions of the commission.\ns 3 def Commission amd 2010 No. 54 s 67 sch\nCommonwealth administrative laws , for part 5 , division 5 , see section 29 .\nCompetition and Consumer Act means the Competition and Consumer Act 2010 (Cwlth) .\ns 3 def Competition and Consumer Act ins 2010 No. 54 s 67 sch\nCompetition Code means (according to the context)—\nthe Competition Code text; or\nthe Competition Code text, applying as a law of a participating jurisdiction, either with or without modifications.\nCompetition Code text means the text described in section 4 .\nConduct Code Agreement means the Conduct Code Agreement made on 11 April 1995 between the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force for the time being.\nCouncil means the National Competition Council established by section 29A of the Competition and Consumer Act .\ns 3 def Council amd 2010 No. 54 s 67 sch\ncut-off date , for part 7 , see section 40 .\nexisting contract , for part 7 , see section 40 .\ninstrument means any document whatever, including—\nan Act or an instrument made under an Act; or\na law of this jurisdiction or an instrument made under such a law; or\nan award or other industrial determination or order, or an industrial agreement; or\nany other order (whether executive, judicial or otherwise); or\na notice, certificate or licence; or\nan agreement; or\nan application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose; or\nan indictment, presentment, summons or writ; or\nany other pleading in, or process issued in connection with, a legal or other proceeding.\njurisdiction means a State.\nlaw , in relation to a Territory, means a law of, or in force in, that Territory.\nmodifications includes additions, omissions and substitutions.\nmonth means a period commencing at the beginning of a day of one of the 12 months of the year and ending immediately before the beginning of the corresponding day of the next month or, if there is no such corresponding day, ending at the expiration of the next month.\nnotification , for a regulation, see the Statutory Instruments Act 1992 , section 47 .\nofficer , in relation to the Commonwealth, has the meaning given in part XIA of the Competition and Consumer Act .\ns 3 def officer amd 2010 No. 54 s 67 sch\noperative date , for part 7 , see section 40 .\nparticipating jurisdiction means a jurisdiction that is a party to the Conduct Code Agreement and applies the Competition Code as a law of the jurisdiction, either with or without modifications.\nSchedule version of Part IV means the text that is set out in part 1 of Schedule 1 of the Competition and Consumer Act .\ns 3 def Schedule version of Part IV amd 1999 No. 72 s 37 sch ; 2010 No. 54 s 67 sch\nState includes a Territory.\nTerritory means the Australian Capital Territory or the Northern Territory of Australia.\nthis jurisdiction means Queensland.\nTrade Practices Act ...\ns 3 def Trade Practices Act om 2010 No. 54 s 67 sch\nTribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act , and includes a member of the tribunal or a division of the tribunal performing functions of the tribunal.\ns 3 def Tribunal amd 2010 No. 54 s 67 sch\nIf an expression is defined in the Trade Practices Act and is also used in this Act, the expression as used in this Act has, unless the contrary intention appears, the same meaning as in that Act.\nIn this Act, a reference to a Commonwealth Act includes a reference to—\nthat Commonwealth Act as amended and in force for the time being; and\nan Act enacted in substitution for that Act.\n(sec.3-ssec.1) In this Act— application law means— a law of a participating jurisdiction that applies the Competition Code, either with or without modifications, as a law of the participating jurisdiction; or any regulations or other legislative instrument made under a law described in paragraph (a) ; or the Competition Code, applying as a law of the participating jurisdiction, either with or without modifications. Code , for part 7 , see section 40 . Commission means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act , and includes a member of the commission or a division of the commission performing functions of the commission. s 3 def Commission amd 2010 No. 54 s 67 sch Commonwealth administrative laws , for part 5 , division 5 , see section 29 . Competition and Consumer Act means the Competition and Consumer Act 2010 (Cwlth) . s 3 def Competition and Consumer Act ins 2010 No. 54 s 67 sch Competition Code means (according to the context)— the Competition Code text; or the Competition Code text, applying as a law of a participating jurisdiction, either with or without modifications. Competition Code text means the text described in section 4 . Conduct Code Agreement means the Conduct Code Agreement made on 11 April 1995 between the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force for the time being. Council means the National Competition Council established by section 29A of the Competition and Consumer Act . s 3 def Council amd 2010 No. 54 s 67 sch cut-off date , for part 7 , see section 40 . existing contract , for part 7 , see section 40 . instrument means any document whatever, including— an Act or an instrument made under an Act; or a law of this jurisdiction or an instrument made under such a law; or an award or other industrial determination or order, or an industrial agreement; or any other order (whether executive, judicial or otherwise); or a notice, certificate or licence; or an agreement; or an application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose; or an indictment, presentment, summons or writ; or any other pleading in, or process issued in connection with, a legal or other proceeding. jurisdiction means a State. law , in relation to a Territory, means a law of, or in force in, that Territory. modifications includes additions, omissions and substitutions. month means a period commencing at the beginning of a day of one of the 12 months of the year and ending immediately before the beginning of the corresponding day of the next month or, if there is no such corresponding day, ending at the expiration of the next month. notification , for a regulation, see the Statutory Instruments Act 1992 , section 47 . officer , in relation to the Commonwealth, has the meaning given in part XIA of the Competition and Consumer Act . s 3 def officer amd 2010 No. 54 s 67 sch operative date , for part 7 , see section 40 . participating jurisdiction means a jurisdiction that is a party to the Conduct Code Agreement and applies the Competition Code as a law of the jurisdiction, either with or without modifications. Schedule version of Part IV means the text that is set out in part 1 of Schedule 1 of the Competition and Consumer Act . s 3 def Schedule version of Part IV amd 1999 No. 72 s 37 sch ; 2010 No. 54 s 67 sch State includes a Territory. Territory means the Australian Capital Territory or the Northern Territory of Australia. this jurisdiction means Queensland. Trade Practices Act ... s 3 def Trade Practices Act om 2010 No. 54 s 67 sch Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act , and includes a member of the tribunal or a division of the tribunal performing functions of the tribunal. s 3 def Tribunal amd 2010 No. 54 s 67 sch\n(sec.3-ssec.2) If an expression is defined in the Trade Practices Act and is also used in this Act, the expression as used in this Act has, unless the contrary intention appears, the same meaning as in that Act.\n(sec.3-ssec.3) In this Act, a reference to a Commonwealth Act includes a reference to— that Commonwealth Act as amended and in force for the time being; and an Act enacted in substitution for that Act.\n- (a) a law of a participating jurisdiction that applies the Competition Code, either with or without modifications, as a law of the participating jurisdiction; or\n- (b) any regulations or other legislative instrument made under a law described in paragraph (a) ; or\n- (c) the Competition Code, applying as a law of the participating jurisdiction, either with or without modifications.\n- (a) the Competition Code text; or\n- (b) the Competition Code text, applying as a law of a participating jurisdiction, either with or without modifications.\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 law; or\n- (c) an award or other industrial determination or order, or an industrial 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 sworn, 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 legal or other proceeding.\n- (a) that Commonwealth Act as amended and in force for the time being; and\n- (b) an Act enacted in substitution for that Act.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Competition Code","content":"# Competition Code","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Competition Code text","content":"### sec.4 Competition Code text\n\nThe Competition Code text consists of—\nthe Schedule version of Part IV; and\nthe remaining provisions of the Competition and Consumer Act (except sections 2A , 5 , 6 and 172), so far as they would relate to the schedule version if the schedule version were substituted for part IV of that Act; and\nthe regulations under the Competition and Consumer Act , so far as they relate to any provisions covered by paragraph (a) or (b) .\nFor the purpose of forming part of the Competition Code text—\nthe provisions referred to in subsection (1) (b) and (c) are to be modified as necessary to fit in with the Schedule version of Part IV; and\nin particular, references to corporations are to include references to persons who are not corporations.\ns 4 amd 2010 No. 54 s 67 sch\n(sec.4-ssec.1) The Competition Code text consists of— the Schedule version of Part IV; and the remaining provisions of the Competition and Consumer Act (except sections 2A , 5 , 6 and 172), so far as they would relate to the schedule version if the schedule version were substituted for part IV of that Act; and the regulations under the Competition and Consumer Act , so far as they relate to any provisions covered by paragraph (a) or (b) .\n(sec.4-ssec.2) For the purpose of forming part of the Competition Code text— the provisions referred to in subsection (1) (b) and (c) are to be modified as necessary to fit in with the Schedule version of Part IV; and in particular, references to corporations are to include references to persons who are not corporations.\n- (a) the Schedule version of Part IV; and\n- (b) the remaining provisions of the Competition and Consumer Act (except sections 2A , 5 , 6 and 172), so far as they would relate to the schedule version if the schedule version were substituted for part IV of that Act; and\n- (c) the regulations under the Competition and Consumer Act , so far as they relate to any provisions covered by paragraph (a) or (b) .\n- (a) the provisions referred to in subsection (1) (b) and (c) are to be modified as necessary to fit in with the Schedule version of Part IV; and\n- (b) in particular, references to corporations are to include references to persons who are not corporations.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Application of Competition Code","content":"### sec.5 Application of Competition Code\n\nThe Competition Code text, as in force for the time being, applies as a law of Queensland.\nThis section has effect subject to section 6 .\n(sec.5-ssec.1) The Competition Code text, as in force for the time being, applies as a law of Queensland.\n(sec.5-ssec.2) This section has effect subject to section 6 .","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Future modifications of Competition Code text","content":"### sec.6 Future modifications of Competition Code text\n\nA modification made by a Commonwealth law to the Competition Code text after the commencement of this section—\ndoes not apply under section 5 until at least the end of the period of 2 months after the date of the modification, unless a regulation under this Act appoints an earlier date; and\ndoes not apply under that section at all, if the modification is declared by a regulation under this Act to be excluded from the operation of that section.\nA regulation under subsection (1) (a) —\ncan not appoint any day that is earlier than the date of notification of the regulation or that is earlier than the date on which the modification of the text takes effect; and\nis taken in such a case to appoint the date of notification of the regulation or the date on which the modification of the text takes effect, whichever is the later.\nA regulation under subsection (1) (b) has effect only if notified before the end of 2 months after the date of the modification.\nSubsection (1) (b) ceases to apply to the modification if a further regulation so provides.\nFor the purposes of this section, the date of the modification is the date on which the Commonwealth Act effecting the modification receives the Royal Assent or the regulation effecting the modification is notified in the Commonwealth of Australia Gazette.\n(sec.6-ssec.1) A modification made by a Commonwealth law to the Competition Code text after the commencement of this section— does not apply under section 5 until at least the end of the period of 2 months after the date of the modification, unless a regulation under this Act appoints an earlier date; and does not apply under that section at all, if the modification is declared by a regulation under this Act to be excluded from the operation of that section.\n(sec.6-ssec.2) A regulation under subsection (1) (a) — can not appoint any day that is earlier than the date of notification of the regulation or that is earlier than the date on which the modification of the text takes effect; and is taken in such a case to appoint the date of notification of the regulation or the date on which the modification of the text takes effect, whichever is the later.\n(sec.6-ssec.3) A regulation under subsection (1) (b) has effect only if notified before the end of 2 months after the date of the modification.\n(sec.6-ssec.4) Subsection (1) (b) ceases to apply to the modification if a further regulation so provides.\n(sec.6-ssec.5) For the purposes of this section, the date of the modification is the date on which the Commonwealth Act effecting the modification receives the Royal Assent or the regulation effecting the modification is notified in the Commonwealth of Australia Gazette.\n- (a) does not apply under section 5 until at least the end of the period of 2 months after the date of the modification, unless a regulation under this Act appoints an earlier date; and\n- (b) does not apply under that section at all, if the modification is declared by a regulation under this Act to be excluded from the operation of that section.\n- (a) can not appoint any day that is earlier than the date of notification of the regulation or that is earlier than the date on which the modification of the text takes effect; and\n- (b) is taken in such a case to appoint the date of notification of the regulation or the date on which the modification of the text takes effect, whichever is the later.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Interpretation of Competition Code","content":"### sec.7 Interpretation of Competition Code\n\nThe Acts Interpretation Act 1901 (Cwlth) applies as a law of this jurisdiction to—\nthe Competition Code of this jurisdiction; and\nany instrument under that code.\nFor the purposes of subsection (1) , the Commonwealth Act mentioned in that subsection applies as if—\nthe statutory provisions in the Competition Code of this jurisdiction were a Commonwealth Act; and\nthe regulations in the Competition Code of this jurisdiction or instruments mentioned in that subsection were regulations or instruments under a Commonwealth Act.\nThe Acts Interpretation Act 1954 does not apply to—\nthe Competition Code of Queensland; or\nany instrument under that code.\n(sec.7-ssec.1) The Acts Interpretation Act 1901 (Cwlth) applies as a law of this jurisdiction to— the Competition Code of this jurisdiction; and any instrument under that code.\n(sec.7-ssec.2) For the purposes of subsection (1) , the Commonwealth Act mentioned in that subsection applies as if— the statutory provisions in the Competition Code of this jurisdiction were a Commonwealth Act; and the regulations in the Competition Code of this jurisdiction or instruments mentioned in that subsection were regulations or instruments under a Commonwealth Act.\n(sec.7-ssec.3) The Acts Interpretation Act 1954 does not apply to— the Competition Code of Queensland; or any instrument under that code.\n- (a) the Competition Code of this jurisdiction; and\n- (b) any instrument under that code.\n- (a) the statutory provisions in the Competition Code of this jurisdiction were a Commonwealth Act; and\n- (b) the regulations in the Competition Code of this jurisdiction or instruments mentioned in that subsection were regulations or instruments under a Commonwealth Act.\n- (a) the Competition Code of Queensland; or\n- (b) any instrument under that code.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application of Competition Code","content":"### sec.8 Application of Competition Code\n\nThe Competition Code of this jurisdiction applies to and in relation to—\npersons carrying on business within this jurisdiction; or\nbodies corporate incorporated or registered under the law of this jurisdiction; or\npersons ordinarily resident in this jurisdiction; or\npersons otherwise connected with this jurisdiction.\nSubject to subsection (1) , the Competition Code of this jurisdiction extends to conduct, and other acts, matters and things, occurring or existing outside or partly outside this jurisdiction (whether within or outside Australia).\nWhere a claim under section 82 of the Competition Code of this jurisdiction is made in a proceeding, a person is not entitled to rely at a hearing in respect of that proceeding on conduct to which a provision of the code extends occurring outside Australia except with the consent in writing of the Commonwealth Minister.\nA person other than the Commonwealth Minister or the Commission is not entitled to make an application to the Court for an order under section 87 (1) or (1A) of the Competition Code of this jurisdiction in a proceeding in respect of conduct to which a provision of the code extends occurring outside Australia except with the consent in writing of the Commonwealth Minister.\nThe Commonwealth Minister is required to give a consent under subsection (3) or (4) in respect of a proceeding unless, in the opinion of the Commonwealth Minister—\nthe law of the country in which the conduct concerned was engaged in required or specifically authorised the engaging in of the conduct; and\nit is not in the national interest that the consent be given.\nIn this section—\nCommonwealth Minister means a Minister of State for the Commonwealth administering part IV of the Competition and Consumer Act .\ns 8 amd 2010 No. 54 s 67 sch\n(sec.8-ssec.1) The Competition Code of this jurisdiction applies to and in relation to— persons carrying on business within this jurisdiction; or bodies corporate incorporated or registered under the law of this jurisdiction; or persons ordinarily resident in this jurisdiction; or persons otherwise connected with this jurisdiction.\n(sec.8-ssec.2) Subject to subsection (1) , the Competition Code of this jurisdiction extends to conduct, and other acts, matters and things, occurring or existing outside or partly outside this jurisdiction (whether within or outside Australia).\n(sec.8-ssec.3) Where a claim under section 82 of the Competition Code of this jurisdiction is made in a proceeding, a person is not entitled to rely at a hearing in respect of that proceeding on conduct to which a provision of the code extends occurring outside Australia except with the consent in writing of the Commonwealth Minister.\n(sec.8-ssec.4) A person other than the Commonwealth Minister or the Commission is not entitled to make an application to the Court for an order under section 87 (1) or (1A) of the Competition Code of this jurisdiction in a proceeding in respect of conduct to which a provision of the code extends occurring outside Australia except with the consent in writing of the Commonwealth Minister.\n(sec.8-ssec.5) The Commonwealth Minister is required to give a consent under subsection (3) or (4) in respect of a proceeding unless, in the opinion of the Commonwealth Minister— the law of the country in which the conduct concerned was engaged in required or specifically authorised the engaging in of the conduct; and it is not in the national interest that the consent be given.\n(sec.8-ssec.6) In this section— Commonwealth Minister means a Minister of State for the Commonwealth administering part IV of the Competition and Consumer Act .\n- (a) persons carrying on business within this jurisdiction; or\n- (b) bodies corporate incorporated or registered under the law of this jurisdiction; or\n- (c) persons ordinarily resident in this jurisdiction; or\n- (d) persons otherwise connected with this jurisdiction.\n- (a) the law of the country in which the conduct concerned was engaged in required or specifically authorised the engaging in of the conduct; and\n- (b) it is not in the national interest that the consent be given.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Special provisions","content":"### sec.9 Special provisions\n\nThe references in sections 45 and 45B of the Competition Code of this or another participating jurisdiction to the commencement of this section are taken to be references to the commencement of the provision of the law of that jurisdiction that provides that the Competition Code text as in force for the time being applies as a law of that jurisdiction.","sortOrder":10},{"sectionNumber":"pt.3","sectionType":"part","heading":"Citing the Competition Codes","content":"# Citing the Competition Codes","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Citation of Competition Code of this jurisdiction","content":"### sec.10 Citation of Competition Code of this jurisdiction\n\nThe Competition Code text applying as a law of this jurisdiction may be cited as the Competition Code of Queensland.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"References to Competition Code","content":"### sec.11 References to Competition Code\n\nThe object of this section is to help ensure that the Competition Code of this jurisdiction can operate, in appropriate circumstances, as if that code, together with the Competition Code of each other participating jurisdiction, constituted a single national Competition Code applying throughout the participating jurisdictions.\nA reference in any instrument to the Competition Code is a reference to the Competition Codes of any or all of the participating jurisdictions.\nSubsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.\n(sec.11-ssec.1) The object of this section is to help ensure that the Competition Code of this jurisdiction can operate, in appropriate circumstances, as if that code, together with the Competition Code of each other participating jurisdiction, constituted a single national Competition Code applying throughout the participating jurisdictions.\n(sec.11-ssec.2) A reference in any instrument to the Competition Code is a reference to the Competition Codes of any or all of the participating jurisdictions.\n(sec.11-ssec.3) Subsection (2) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"References to Competition Codes of other jurisdictions","content":"### sec.12 References to Competition Codes of other jurisdictions\n\nThis section has effect for the purposes of an Act, a law of this jurisdiction or an instrument under an Act or such a law.\nIf a law of a participating jurisdiction other than this jurisdiction provides that the Competition Code text as in force for the time being applies as a law of that jurisdiction, the Competition Code of that jurisdiction is the Competition Code text, applying as a law of that jurisdiction.\n(sec.12-ssec.1) This section has effect for the purposes of an Act, a law of this jurisdiction or an instrument under an Act or such a law.\n(sec.12-ssec.2) If a law of a participating jurisdiction other than this jurisdiction provides that the Competition Code text as in force for the time being applies as a law of that jurisdiction, the Competition Code of that jurisdiction is the Competition Code text, applying as a law of that jurisdiction.","sortOrder":14},{"sectionNumber":"pt.4","sectionType":"part","heading":"Application of Competition Codes to jurisdictions","content":"# Application of Competition Codes to jurisdictions","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Application law of this jurisdiction","content":"### sec.13 Application law of this jurisdiction\n\nThe application law of this jurisdiction binds (so far as the legislative power of Parliament permits) the State of Queensland and each other State, so far as the relevant State carries on a business, either directly or by an authority of that State.\ns 13 sub 1999 No. 72 s 37 sch","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Application law of other jurisdictions","content":"### sec.14 Application law of other jurisdictions\n\nThe application law of each participating jurisdiction other than this jurisdiction binds the State of Queensland, so far as the State carries on a business, either directly or by an authority of the State.\ns 14 sub 1999 No. 72 s 37 sch","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Activities that are not business","content":"### sec.15 Activities that are not business\n\nFor the purposes of sections 13 and 14 , the following do not amount to carrying on a business—\nimposing or collecting—\ntaxes; or\nlevies; or\nfees for licences;\ngranting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions);\na transaction involving—\nonly persons who are all acting for the same jurisdiction (and none of whom is an authority of a State); or\nonly persons who are all acting for the same authority of a State; or\nonly a State and 1 or more non-commercial authorities of that State; or\nonly non-commercial authorities of the same State;\nthe acquisition of primary products by a government body under legislation, unless the acquisition occurs because—\nthe body chooses to acquire the products; or\nthe body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.\nSubsection (1) does not limit the things that do not amount to carrying on a business for the purposes of sections 13 and 14 .\nIn this section—\nacquisition of primary products by a government body under legislation includes vesting of ownership of primary products in a government 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 services.\nprimary products means—\nagricultural or horticultural produce; or\ncrops, whether on or attached to the land or not; or\nanimals (whether dead or alive); or\nthe bodily produce (including natural increase) of animals.\nFor the purposes of this section, an authority of a State is non-commercial if—\nit is constituted by only 1 person; and\nit is neither a trading corporation nor a financial corporation.\n(sec.15-ssec.1) For the purposes of sections 13 and 14 , the following do not amount to carrying on a business— imposing or collecting— taxes; or levies; or fees for licences; granting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions); a transaction involving— only persons who are all acting for the same jurisdiction (and none of whom is an authority of a State); or only persons who are all acting for the same authority of a State; or only a State and 1 or more non-commercial authorities of that State; or only non-commercial authorities of the same State; the acquisition of primary products by a government body under legislation, unless the acquisition occurs because— the body chooses to acquire the products; or the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.\n(sec.15-ssec.2) Subsection (1) does not limit the things that do not amount to carrying on a business for the purposes of sections 13 and 14 .\n(sec.15-ssec.3) In this section— acquisition of primary products by a government body under legislation includes vesting of ownership of primary products in a government body by legislation. government body means a State or an authority of a State. licence means a licence that allows the licensee to supply goods or services. primary products means— agricultural or horticultural produce; or crops, whether on or attached to the land or not; or animals (whether dead or alive); or the bodily produce (including natural increase) of animals.\n(sec.15-ssec.4) For the purposes of this section, an authority of a State is non-commercial if— it is constituted by only 1 person; and it is neither a trading corporation nor a financial corporation.\n- (a) imposing or collecting— (i) taxes; or (ii) levies; or (iii) fees for licences;\n- (i) taxes; or\n- (ii) levies; or\n- (iii) fees for licences;\n- (b) granting, refusing to grant, revoking, suspending or varying licences (whether or not they are subject to conditions);\n- (c) a transaction involving— (i) only persons who are all acting for the same jurisdiction (and none of whom is an authority of a State); or (ii) only persons who are all acting for the same authority of a State; or (iii) only a State and 1 or more non-commercial authorities of that State; or (iv) only non-commercial authorities of the same State;\n- (i) only persons who are all acting for the same jurisdiction (and none of whom is an authority of a State); or\n- (ii) only persons who are all acting for the same authority of a State; or\n- (iii) only a State and 1 or more non-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 legislation, unless the acquisition occurs because— (i) the body chooses to acquire the products; or (ii) the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.\n- (i) the body chooses to acquire the products; or\n- (ii) the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.\n- (i) taxes; or\n- (ii) levies; or\n- (iii) fees for licences;\n- (i) only persons who are all acting for the same jurisdiction (and none of whom is an authority of a State); or\n- (ii) only persons who are all acting for the same authority of a State; or\n- (iii) only a State and 1 or more non-commercial authorities of that State; or\n- (iv) only non-commercial authorities of the same State;\n- (i) the body chooses to acquire the products; or\n- (ii) the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.\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- (a) it is constituted by only 1 person; and\n- (b) it is neither a trading corporation nor a financial corporation.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"States not liable to pecuniary penalty or prosecution","content":"### sec.16 States not liable to pecuniary penalty or prosecution\n\nNothing in the application law of this jurisdiction makes a State liable to a pecuniary penalty or to be prosecuted for an offence.\nWithout limiting subsection (1) , nothing in the application law of a participating jurisdiction makes the State of Queensland liable to a pecuniary penalty or to be prosecuted for an offence.\nThe protection in subsection (1) or (2) does not apply to an authority of a State.\ns 16 amd 1999 No. 72 s 37 sch\n(sec.16-ssec.1) Nothing in the application law of this jurisdiction makes a State liable to a pecuniary penalty or to be prosecuted for an offence.\n(sec.16-ssec.2) Without limiting subsection (1) , nothing in the application law of a participating jurisdiction makes the State of Queensland liable to a pecuniary penalty or to be prosecuted for an offence.\n(sec.16-ssec.3) The protection in subsection (1) or (2) does not apply to an authority of a State.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"This part overrides the prerogative","content":"### sec.17 This part overrides the prerogative\n\nIf, because of this part, a provision of the law of another participating jurisdiction binds the State of Queensland, the State is subject to that provision despite any prerogative right or privilege.\ns 17 amd 1999 No. 72 s 37 sch","sortOrder":20},{"sectionNumber":"pt.5","sectionType":"part","heading":"National administration and enforcement of Competition Codes","content":"# National administration and enforcement of Competition Codes","sortOrder":21},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Object","content":"### sec.18 Object\n\nThe object of this part is to help ensure that the Competition Codes of the participating jurisdictions are administered on a uniform basis, in the same way as if those codes constituted a single law of the Commonwealth.","sortOrder":23},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Conferral of functions","content":"## Conferral of functions","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Conferral of functions and powers on certain bodies","content":"### sec.19 Conferral of functions and powers on certain bodies\n\nThe authorities and officers of the Commonwealth referred to in the Competition Code of this jurisdiction, including (but not limited to) the Commission, the Tribunal and the Council, have the functions and powers conferred or expressed to be conferred on them respectively under the Competition Code of this jurisdiction.\nIn addition to the powers mentioned in subsection (1) , the authorities and officers referred to in that subsection have power to do all things necessary or convenient to be done in connection with the performance of the functions and exercise of the powers referred to in that subsection.\n(sec.19-ssec.1) The authorities and officers of the Commonwealth referred to in the Competition Code of this jurisdiction, including (but not limited to) the Commission, the Tribunal and the Council, have the functions and powers conferred or expressed to be conferred on them respectively under the Competition Code of this jurisdiction.\n(sec.19-ssec.2) In addition to the powers mentioned in subsection (1) , the authorities and officers referred to in that subsection have power to do all things necessary or convenient to be done in connection with the performance of the functions and exercise of the powers referred to in that subsection.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Conferral of other functions and powers for purposes of law in this jurisdiction","content":"### sec.20 Conferral of other functions and powers for purposes of law in this jurisdiction\n\nThe Commission and the Tribunal have power to do acts in this jurisdiction in the performance or exercise of any function or power expressed to be conferred on them respectively by the Competition Code of another participating jurisdiction.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Jurisdiction of Federal Court","content":"### sec.21 Jurisdiction of Federal Court\n\ns 21 om 2001 No. 27 s 9","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Jurisdiction of courts of this jurisdiction","content":"### sec.22 Jurisdiction of courts of this jurisdiction\n\ns 22 om 1999 No. 34 s 17","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Exercise of jurisdiction under cross-vesting provisions","content":"### sec.23 Exercise of jurisdiction under cross-vesting provisions\n\ns 23 om 2001 No. 27 s 9","sortOrder":29},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Jurisdiction of courts","content":"## Jurisdiction of courts","sortOrder":30},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Object","content":"### sec.24 Object\n\nThe object of this division is to further the object of this part by providing—\nfor an offence against the Competition Code of this jurisdiction to be treated as if it were an offence against a law of the Commonwealth; and\nfor an offence against the Competition Code of another participating jurisdiction to be treated in this jurisdiction as if it were an offence against a law of the Commonwealth.\nThe purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but without limitation)—\nthe investigation and prosecution of offences; and\nthe arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and\nproceedings relating to a matter referred to in paragraph (a) or (b) ; and\nappeals and review relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c) ; and\nthe sentencing, punishment and release of persons convicted of offences; and\nfines, penalties and forfeitures; and\nliability to make reparation in connection with offences; and\nproceeds of crime; and\nspent convictions.\n(sec.24-ssec.1) The object of this division is to further the object of this part by providing— for an offence against the Competition Code of this jurisdiction to be treated as if it were an offence against a law of the Commonwealth; and for an offence against the Competition Code of another participating jurisdiction to be treated in this jurisdiction as if it were an offence against a law of the Commonwealth.\n(sec.24-ssec.2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but without limitation)— the investigation and prosecution of offences; and the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and proceedings relating to a matter referred to in paragraph (a) or (b) ; and appeals and review relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c) ; and the sentencing, punishment and release of persons convicted of offences; and fines, penalties and forfeitures; and liability to make reparation in connection with offences; and proceeds of crime; and spent convictions.\n- (a) for an offence against the Competition Code of this jurisdiction to be treated as if it were an offence against a law of the Commonwealth; and\n- (b) for an offence against the Competition Code of another participating jurisdiction to be treated in this jurisdiction as if it were an offence against a law of the Commonwealth.\n- (a) the investigation and prosecution of offences; and\n- (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and\n- (c) proceedings relating to a matter referred to in paragraph (a) or (b) ; and\n- (d) appeals and review relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c) ; and\n- (e) the sentencing, punishment and release of persons convicted of offences; 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.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Application of Commonwealth laws to offences against Competition Code of this jurisdiction","content":"### sec.25 Application of Commonwealth laws to offences against Competition Code of this jurisdiction\n\nThe Commonwealth laws apply as laws of this jurisdiction in relation to an offence against the Competition Code of this jurisdiction as if that code were a law of the Commonwealth and not a law of this jurisdiction.\nFor the purposes of a law of this jurisdiction, an offence against the Competition Code of this jurisdiction—\nis taken to be an offence against the laws of the Commonwealth, in the same way as if that code were a law of the Commonwealth; and\nis taken not to be an offence against the laws of this jurisdiction.\nSubsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by a regulation under this Act.\n(sec.25-ssec.1) The Commonwealth laws apply as laws of this jurisdiction in relation to an offence against the Competition Code of this jurisdiction as if that code were a law of the Commonwealth and not a law of this jurisdiction.\n(sec.25-ssec.2) For the purposes of a law of this jurisdiction, an offence against the Competition Code of this jurisdiction— is taken to be an offence against the laws of the Commonwealth, in the same way as if that code were a law of the Commonwealth; and is taken not to be an offence against the laws of this jurisdiction.\n(sec.25-ssec.3) Subsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by a regulation under this Act.\n- (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if that code were a law of the Commonwealth; and\n- (b) is taken not to be an offence against the laws of this jurisdiction.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Application of Commonwealth laws to offences against Competition Codes of other jurisdictions","content":"### sec.26 Application of Commonwealth laws to offences against Competition Codes of other jurisdictions\n\nThe Commonwealth laws apply as laws of this jurisdiction in relation to an offence against the Competition Code of another participating jurisdiction as if that code were a law of the Commonwealth and not a law of that other jurisdiction.\nFor the purposes of a law of this jurisdiction, an offence against the Competition Code of another participating jurisdiction—\nis taken to be an offence against the laws of the Commonwealth, in the same way as if that code were a law of the Commonwealth; and\nis taken not to be an offence against the laws of that jurisdiction.\nSubsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by a regulation under this Act.\nThis section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside this jurisdiction.\n(sec.26-ssec.1) The Commonwealth laws apply as laws of this jurisdiction in relation to an offence against the Competition Code of another participating jurisdiction as if that code were a law of the Commonwealth and not a law of that other jurisdiction.\n(sec.26-ssec.2) For the purposes of a law of this jurisdiction, an offence against the Competition Code of another participating jurisdiction— is taken to be an offence against the laws of the Commonwealth, in the same way as if that code were a law of the Commonwealth; and is taken not to be an offence against the laws of that jurisdiction.\n(sec.26-ssec.3) Subsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by a regulation under this Act.\n(sec.26-ssec.4) This section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside this jurisdiction.\n- (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if that code were a law of the Commonwealth; and\n- (b) is taken not to be an offence against the laws of that jurisdiction.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities","content":"### sec.27 Functions and powers conferred on Commonwealth officers and authorities\n\nA Commonwealth law applying because of section 25 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Competition and Consumer Act also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the Competition Code of this jurisdiction.\nA Commonwealth law applying because of section 26 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Competition and Consumer Act also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the Competition Code of another participating jurisdiction.\nThe function or power referred to in subsection (2) may only be performed or exercised in this jurisdiction.\nIn performing a function or exercising a power conferred by subsection (1) or (2) , the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Competition and Consumer Act .\ns 27 amd 2010 No. 54 s 67 sch\n(sec.27-ssec.1) A Commonwealth law applying because of section 25 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Competition and Consumer Act also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the Competition Code of this jurisdiction.\n(sec.27-ssec.2) A Commonwealth law applying because of section 26 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Competition and Consumer Act also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the Competition Code of another participating jurisdiction.\n(sec.27-ssec.3) The function or power referred to in subsection (2) may only be performed or exercised in this jurisdiction.\n(sec.27-ssec.4) In performing a function or exercising a power conferred by subsection (1) or (2) , the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Competition and Consumer Act .","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Restriction of functions and powers of officers and authorities of this jurisdiction","content":"### sec.28 Restriction of functions and powers of officers and authorities of this jurisdiction\n\nWhere, by reason of this division, a function or power is conferred on a Commonwealth officer or authority, that function or power may not be performed or exercised by an officer or authority of this jurisdiction.","sortOrder":36},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Administrative law","content":"## Administrative law","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Definition","content":"### sec.29 Definition\n\nIn this division—\nCommonwealth administrative laws means—\nthe following Acts—\nthe Administrative Review Tribunal Act 2024 (Cwlth) , excluding part 7 ;\nthe Freedom of Information Act 1982 (Cwlth) ;\nthe Ombudsman Act 1976 (Cwlth) ;\nthe Privacy Act 1988 (Cwlth) ; and\nthe regulations in force under those Acts.\ns 29 def Commonwealth administrative laws amd 2001 No. 27 s 10 ; 2024 No. 47 s 78 sch 2\n- (a) the following Acts— (i) the Administrative Review Tribunal Act 2024 (Cwlth) , excluding part 7 ; (ii) the Freedom of Information Act 1982 (Cwlth) ; (iii) the Ombudsman Act 1976 (Cwlth) ; (iv) the Privacy Act 1988 (Cwlth) ; and\n- (i) the Administrative Review Tribunal Act 2024 (Cwlth) , excluding part 7 ;\n- (ii) the Freedom of Information Act 1982 (Cwlth) ;\n- (iii) the Ombudsman Act 1976 (Cwlth) ;\n- (iv) the Privacy Act 1988 (Cwlth) ; and\n- (b) the regulations in force under those Acts.\n- (i) the Administrative Review Tribunal Act 2024 (Cwlth) , excluding part 7 ;\n- (ii) the Freedom of Information Act 1982 (Cwlth) ;\n- (iii) the Ombudsman Act 1976 (Cwlth) ;\n- (iv) the Privacy Act 1988 (Cwlth) ; and","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Application of Commonwealth administrative laws to Competition Code of this jurisdiction","content":"### sec.30 Application of Commonwealth administrative laws to Competition Code of this jurisdiction\n\nThe Commonwealth administrative laws apply as laws of this jurisdiction to any matter arising in relation to the Competition Code of this jurisdiction as if that code were a law of the Commonwealth and not a law of this jurisdiction.\nFor the purposes of a law of this jurisdiction, a matter arising in relation to the Competition Code of this jurisdiction—\nis taken to be a matter arising in relation to laws of the Commonwealth in the same way as if that code were a law of the Commonwealth; and\nis taken not to be a matter arising in relation to laws of this jurisdiction.\nSubsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by a regulation under this Act.\n(sec.30-ssec.1) The Commonwealth administrative laws apply as laws of this jurisdiction to any matter arising in relation to the Competition Code of this jurisdiction as if that code were a law of the Commonwealth and not a law of this jurisdiction.\n(sec.30-ssec.2) For the purposes of a law of this jurisdiction, a matter arising in relation to the Competition Code of this jurisdiction— is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if that code were a law of the Commonwealth; and is taken not to be a matter arising in relation to laws of this jurisdiction.\n(sec.30-ssec.3) Subsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by a regulation under this Act.\n- (a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if that code were a law of the Commonwealth; and\n- (b) is taken not to be a matter arising in relation to laws of this jurisdiction.","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Application of Commonwealth administrative laws to Competition Codes of other jurisdictions","content":"### sec.31 Application of Commonwealth administrative laws to Competition Codes of other jurisdictions\n\nThe Commonwealth administrative laws apply as laws of this jurisdiction to any matter arising in relation to the Competition Code of another participating jurisdiction as if that code were a law of the Commonwealth and not a law of that jurisdiction.\nFor the purposes of a law of this jurisdiction, a matter arising in relation to the Competition Code of another participating jurisdiction—\nis taken to be a matter arising in relation to laws of the Commonwealth in the same way as if that code were a law of the Commonwealth; and\nis taken not to be a matter arising in relation to laws of that jurisdiction.\nSubsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by a regulation under this Act.\nThis section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside this jurisdiction.\n(sec.31-ssec.1) The Commonwealth administrative laws apply as laws of this jurisdiction to any matter arising in relation to the Competition Code of another participating jurisdiction as if that code were a law of the Commonwealth and not a law of that jurisdiction.\n(sec.31-ssec.2) For the purposes of a law of this jurisdiction, a matter arising in relation to the Competition Code of another participating jurisdiction— is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if that code were a law of the Commonwealth; and is taken not to be a matter arising in relation to laws of that jurisdiction.\n(sec.31-ssec.3) Subsection (2) has effect for the purposes of a law of this jurisdiction except as prescribed by a regulation under this Act.\n(sec.31-ssec.4) This section does not require, prohibit, empower, authorise or otherwise provide for, the doing of an act outside this jurisdiction.\n- (a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if that code were a law of the Commonwealth; and\n- (b) is taken not to be a matter arising in relation to laws of that jurisdiction.","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities","content":"### sec.32 Functions and powers conferred on Commonwealth officers and authorities\n\nA Commonwealth administrative law applying because of section 30 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the Competition Code of this jurisdiction.\nA Commonwealth administrative law applying because of section 31 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the Competition Code of another participating jurisdiction.\nThe function or power referred to in subsection (2) may only be performed or exercised in this jurisdiction.\nIn performing a function or exercising a power conferred by subsection (1) or (2) , the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.\n(sec.32-ssec.1) A Commonwealth administrative law applying because of section 30 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the Competition Code of this jurisdiction.\n(sec.32-ssec.2) A Commonwealth administrative law applying because of section 31 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the Competition Code of another participating jurisdiction.\n(sec.32-ssec.3) The function or power referred to in subsection (2) may only be performed or exercised in this jurisdiction.\n(sec.32-ssec.4) In performing a function or exercising a power conferred by subsection (1) or (2) , the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Restriction of functions and powers of officers and authorities of this jurisdiction","content":"### sec.33 Restriction of functions and powers of officers and authorities of this jurisdiction\n\nWhere, by reason of this division, a function or power is conferred on a Commonwealth officer or authority, that function or power may not be performed or exercised by an officer or authority of this jurisdiction.","sortOrder":42},{"sectionNumber":"sec.33A","sectionType":"section","heading":"Construction of references to part 7 of Commonwealth Administrative Review Tribunal Act","content":"### sec.33A Construction of references to part 7 of Commonwealth Administrative Review Tribunal Act\n\nFor sections 30 and 31 , a reference in a provision of the Administrative Review Tribunal Act 2024 (Cwlth) , as that provision applies as a law of this jurisdiction, to the whole or part of part 7 of that Act is taken to be a reference to the whole or part of that part as it has effect as a law of the Commonwealth.\ns 33A ins 2001 No. 27 s 11\namd 2024 No. 47 s 78 sch 2","sortOrder":43},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"No doubling-up of liabilities","content":"### sec.34 No doubling-up of liabilities\n\nIf—\nan act or omission is an offence against the Competition Code of this jurisdiction and is also an offence against the Competition and Consumer Act or an application law of another participating jurisdiction; and\nthe offender has been punished for the offence under the Competition and Consumer Act or the application law of the other jurisdiction;\nthe offender is not liable to be punished for the offence against the Competition Code of this jurisdiction.\nIf a person has been ordered to pay a pecuniary penalty under the Competition and Consumer Act or the application law of another participating jurisdiction, the person is not liable to a pecuniary penalty under the Competition Code of this jurisdiction in respect of the same conduct.\ns 34 amd 2010 No. 54 s 67 sch\n(sec.34-ssec.1) If— an act or omission is an offence against the Competition Code of this jurisdiction and is also an offence against the Competition and Consumer Act or an application law of another participating jurisdiction; and the offender has been punished for the offence under the Competition and Consumer Act or the application law of the other jurisdiction; the offender is not liable to be punished for the offence against the Competition Code of this jurisdiction.\n(sec.34-ssec.2) If a person has been ordered to pay a pecuniary penalty under the Competition and Consumer Act or the application law of another participating jurisdiction, the person is not liable to a pecuniary penalty under the Competition Code of this jurisdiction in respect of the same conduct.\n- (a) an act or omission is an offence against the Competition Code of this jurisdiction and is also an offence against the Competition and Consumer Act or an application law of another participating jurisdiction; and\n- (b) the offender has been punished for the offence under the Competition and Consumer Act or the application law of the other jurisdiction;","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Things done for multiple purposes","content":"### sec.35 Things done for multiple purposes\n\nThe validity of an authorisation, notification or any other thing given or done for the purposes of the Competition Code of this jurisdiction is not affected only because it was given or done also for the purposes of the Competition and Consumer Act or the Competition Code of 1 or more other jurisdictions.\ns 35 amd 2010 No. 54 s 67 sch","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Reference in Commonwealth law to a provision of another law","content":"### sec.36 Reference in Commonwealth law to a provision of another law\n\nFor the purposes of section 25 , 26 , 30 or 31 , a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of that section.","sortOrder":47},{"sectionNumber":"sec.37","sectionType":"section","heading":"Fees and other money","content":"### sec.37 Fees and other money\n\nAll fees, taxes, penalties (including pecuniary penalties referred to in section 76 of the Competition Code), fines and other money that, under the application law of this jurisdiction, are authorised or directed to be payable by or imposed on any person must be paid to the Commonwealth.\nSubsection (1) does not apply to amounts recovered for loss or damage as referred to in section 82 or 87 of the Competition Code and other amounts prescribed by a regulation under this Act.\nThis subsection imposes the fees (including fees that are taxes) that the regulations in the Competition Code of this jurisdiction prescribe.\n(sec.37-ssec.1) All fees, taxes, penalties (including pecuniary penalties referred to in section 76 of the Competition Code), fines and other money that, under the application law of this jurisdiction, are authorised or directed to be payable by or imposed on any person must be paid to the Commonwealth.\n(sec.37-ssec.2) Subsection (1) does not apply to amounts recovered for loss or damage as referred to in section 82 or 87 of the Competition Code and other amounts prescribed by a regulation under this Act.\n(sec.37-ssec.3) This subsection imposes the fees (including fees that are taxes) that the regulations in the Competition Code of this jurisdiction prescribe.","sortOrder":48},{"sectionNumber":"sec.38","sectionType":"section","heading":"Regulations","content":"### sec.38 Regulations\n\nThe Governor in Council may make regulations under this Act.","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Regulations for exceptions under section 51 of Competition and Consumer Act or Code","content":"### sec.39 Regulations for exceptions under section 51 of Competition and Consumer Act or Code\n\nWithout limiting any other power to make regulations under any other Act, the Governor in Council may make regulations under this Act specifically authorising a specified thing to be done in this jurisdiction and referring expressly to the Competition and Consumer Act or the Competition Code.\ns 39 amd 2010 No. 54 s 67 sch","sortOrder":50},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional rules","content":"# Transitional rules","sortOrder":51},{"sectionNumber":"sec.40","sectionType":"section","heading":"Definitions","content":"### sec.40 Definitions\n\nIn this part—\nCode means the Competition Code of this jurisdiction.\ncut-off date means 19 August 1994.\nexisting contract means a contract that was made before the operative date.\noperative date means the date of commencement of parts 2 to 6 of this Act.","sortOrder":52},{"sectionNumber":"sec.41","sectionType":"section","heading":"Existing contracts","content":"### sec.41 Existing contracts\n\nFor the purposes of deciding whether a person has contravened part IV of the Code at any time after the operative date—\nexisting contracts made before the cut-off date, and things done to give effect to those contracts, are to be disregarded; and\nif an existing contract made before the cut-off date is varied on or after the cut-off date—things done to give effect to the varied contract are not to be disregarded under paragraph (a) unless they would have been disregarded under the contract as in force immediately before the cut-off date; and\nregard can be had to existing contracts made on or after the cut-off date and to things done to give effect to those contracts.\nPart IV of the Code does not make unenforceable a provision of an existing contract made before the cut-off date, unless it was unenforceable immediately before the operative date.\nPart IV of the Code can make unenforceable a provision of an existing contract made on or after the cut-off date.\n(sec.41-ssec.1) For the purposes of deciding whether a person has contravened part IV of the Code at any time after the operative date— existing contracts made before the cut-off date, and things done to give effect to those contracts, are to be disregarded; and if an existing contract made before the cut-off date is varied on or after the cut-off date—things done to give effect to the varied contract are not to be disregarded under paragraph (a) unless they would have been disregarded under the contract as in force immediately before the cut-off date; and regard can be had to existing contracts made on or after the cut-off date and to things done to give effect to those contracts.\n(sec.41-ssec.2) Part IV of the Code does not make unenforceable a provision of an existing contract made before the cut-off date, unless it was unenforceable immediately before the operative date.\n(sec.41-ssec.3) Part IV of the Code can make unenforceable a provision of an existing contract made on or after the cut-off date.\n- (a) existing contracts made before the cut-off date, and things done to give effect to those contracts, are to be disregarded; and\n- (b) if an existing contract made before the cut-off date is varied on or after the cut-off date—things done to give effect to the varied contract are not to be disregarded under paragraph (a) unless they would have been disregarded under the contract as in force immediately before the cut-off date; and\n- (c) regard can be had to existing contracts made on or after the cut-off date and to things done to give effect to those contracts.","sortOrder":53},{"sectionNumber":"sec.42","sectionType":"section","heading":"Section 51 exceptions","content":"### sec.42 Section 51 exceptions\n\nThis section applies (in addition to section 51(1) of the Code) to conduct taking place before the end of 3 years after 20 July 1995.\nIn deciding whether a person has contravened part IV of the Code, a particular thing is to be disregarded if (and to the same extent) it is to be disregarded for the purposes of the Trade Practices Act because of the Competition Policy Reform Act 1995 (Cwlth) , section 33 .\n(sec.42-ssec.1) This section applies (in addition to section 51(1) of the Code) to conduct taking place before the end of 3 years after 20 July 1995.\n(sec.42-ssec.2) In deciding whether a person has contravened part IV of the Code, a particular thing is to be disregarded if (and to the same extent) it is to be disregarded for the purposes of the Trade Practices Act because of the Competition Policy Reform Act 1995 (Cwlth) , section 33 .","sortOrder":54},{"sectionNumber":"sec.43","sectionType":"section","heading":"Temporary exemption from pecuniary penalties","content":"### sec.43 Temporary exemption from pecuniary penalties\n\nA person is not liable to a pecuniary penalty under the Code for conduct that happens within 2 years after 20 July 1995.\nIf the commencement of provisions of this Act is postponed under section 2, the period of 2 years mentioned in this section is extended by the same number of days.\n(sec.43-ssec.1) A person is not liable to a pecuniary penalty under the Code for conduct that happens within 2 years after 20 July 1995.\n(sec.43-ssec.2) If the commencement of provisions of this Act is postponed under section 2, the period of 2 years mentioned in this section is extended by the same number of days.","sortOrder":55},{"sectionNumber":"sec.44","sectionType":"section","heading":"Advance authorisations","content":"### sec.44 Advance authorisations\n\nFrom the commencement of this section—\nan authorisation may be applied for and granted under the Code; and\na notice may be given under section 93 of the Code;\nas if the whole of this Act commenced at the same time as this section.\n- (a) an authorisation may be applied for and granted under the Code; and\n- (b) a notice may be given under section 93 of the Code;","sortOrder":56},{"sectionNumber":"sec.45","sectionType":"section","heading":"Regulations relating to savings and transitional matters","content":"### sec.45 Regulations relating to savings and transitional matters\n\nA regulation under this Act may contain provisions of a savings or transitional nature consequent on the enactment of this Act.","sortOrder":57},{"sectionNumber":"pt.8","sectionType":"part","heading":"Attachment","content":"# Attachment","sortOrder":58},{"sectionNumber":"sec.46","sectionType":"section","heading":"Attachment—Schedule version of Part IV","content":"### sec.46 Attachment—Schedule version of Part IV\n\nAttached to this Act is a copy of the Schedule version of Part IV.\nThe attachment does not form part of this Act.\nTo remove doubt, it is declared that the copy of the Schedule version of Part IV in the attachment may be revised so that it is an accurate copy of the schedule version as amended from time to time.\nThe attachment has been omitted from this reprint. For an up-to-date version of the Commonwealth legislation, see the Federal Register of Legislation (ComLaw) website.\n(sec.46-ssec.1) Attached to this Act is a copy of the Schedule version of Part IV.\n(sec.46-ssec.2) The attachment does not form part of this Act.\n(sec.46-ssec.3) To remove doubt, it is declared that the copy of the Schedule version of Part IV in the attachment may be revised so that it is an accurate copy of the schedule version as amended from time to time.","sortOrder":59}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act appears to have remained consistent with its original intent throughout its amendments. It was always designed to extend federal competition rules to Queensland businesses not otherwise covered by Commonwealth law, and to integrate Queensland into a uniform national competition regime. Amendments have primarily updated references to renamed Commonwealth legislation (e.g. Trade Practices Act becoming the Competition and Consumer Act 2010) and modernised administrative law references, without materially altering the scope or purpose of the Act."},"complexity_factors":["Multi-layered legal architecture: a state law that incorporates and applies federal law by reference, requiring readers to cross-reference the Commonwealth Competition and Consumer Act 2010","Involves cooperative federalism — understanding the law requires knowledge of the Conduct Code Agreement between the Commonwealth and all states/territories","Extensive cross-jurisdictional provisions: rules about how Queensland's code interacts with the codes of other participating jurisdictions","Fictional legal treatment of state law as Commonwealth law for enforcement, administrative, and offence purposes (legal deeming provisions)","Multiple embedded definitions that reference other Acts and external agreements","Transitional provisions involving specific historic dates (cut-off date of 19 August 1994, operative date, 2-year penalty grace period) creating a complex temporal framework","Exclusion of state government activities from 'carrying on a business' involves nuanced carve-outs (e.g. non-commercial authorities, primary product acquisitions)","Interaction with multiple Commonwealth administrative laws (FOI, Privacy, Ombudsman, Administrative Review Tribunal) as applied at state level","Has been amended multiple times (e.g. 1999, 2001, 2010, 2024), adding layers of historical complexity","Sections have been omitted/repealed (e.g. ss 21, 22, 23) creating gaps that require external research to fully understand"],"plain_english_summary":"## What This Law Does\n\nThis Queensland Act is part of a nationwide project from the 1990s to create a single, consistent set of competition rules across Australia — covering not just businesses regulated by the Commonwealth (federal government), but also state-based businesses and government enterprises that were previously exempt.\n\n## The Big Picture\n\nBefore this era of reform, federal competition law (then called the *Trade Practices Act*) mainly applied to corporations. Sole traders, partnerships, and state government businesses often fell outside its reach. This Act plugs that gap for Queensland by adopting the **Competition Code** — a mirror version of the federal competition rules — as a Queensland law.\n\n## Who Is Affected?\n\n- **Businesses of all sizes in Queensland**: including sole traders and partnerships (not just companies), who are now subject to competition rules such as prohibitions on price-fixing, market sharing, and misuse of market power.\n- **Queensland Government and its agencies**: when they act commercially (i.e., run businesses), they must also play by the same rules — though purely governmental activities like collecting taxes or granting licences are exempt.\n- **Consumers**: benefit from broader competition protections.\n- **Other states**: Queensland's law is designed to work in sync with identical laws in other states, creating one effective national competition regime.\n\n## Key Features\n\n- **The Competition Code**: Queensland adopts a copy of Part IV (the competition rules) of the federal *Competition and Consumer Act 2010* as its own state law. This means the ACCC (Australian Competition and Consumer Commission) and other federal bodies administer and enforce these rules even when dealing with non-corporate Queensland businesses.\n- **Government businesses are covered**: If the Queensland Government or a government body runs a commercial business, it must comply. However, it cannot be fined or prosecuted — only its agencies (authorities) can be.\n- **One set of national rules**: References to 'the Competition Code' anywhere in Australian law are treated as referring to all participating states' codes together, as if it were one national law.\n- **No double punishment**: If someone is already penalised under federal law or another state's code for the same conduct, they can't be punished again under Queensland's code.\n- **Transitional protections**: Contracts made before 19 August 1994 were initially shielded, and there was a two-year grace period (from July 1995) before financial penalties applied — giving businesses time to adjust.\n- **Federal bodies handle administration**: The ACCC, the Australian Competition Tribunal, and other federal oversight bodies (like the Ombudsman and Privacy Commissioner) handle matters under this Code as if it were Commonwealth law.\n\n## Why It Matters\n\nThis law was a cornerstone of Australia's 1990s national competition policy — a major economic reform aimed at making markets more competitive and efficient. For everyday Queenslanders, it meant stronger protections against anti-competitive behaviour by businesses and government enterprises that previously operated without these constraints."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.3 (definition of 'jurisdiction' and 'State')","severity":"medium","reasoning":"The definition of 'jurisdiction' means 'a State.' The definition of 'State' includes a Territory. The definition of 'Territory' means the ACT or Northern Territory. So a Territory is a State, a State is a jurisdiction, and a Territory is a jurisdiction. Yet 'participating jurisdiction' is defined as a 'jurisdiction' that applies the Competition Code — but the Conduct Code Agreement lists the ACT and NT separately from States. The definitional chain collapses the distinction between States and Territories in a way that creates ambiguity about whether Territories are 'participating jurisdictions' under this Act.","confidence":0.72,"description":"Circular and contradictory definitional chain: 'jurisdiction' means a State, 'State' includes a Territory, and 'Territory' means the ACT or Northern Territory. This creates a situation where a 'jurisdiction' means a State, which includes a Territory, but 'participating jurisdiction' is then defined as a 'jurisdiction' that is a party to the Conduct Code Agreement — meaning Territories are simultaneously States, jurisdictions, and not-States."},{"type":"self_contradicting","section":"sec.3 (subsec.2) — reference to Trade Practices Act for definitions","severity":"high","reasoning":"Section 3(2) expressly refers to 'the Trade Practices Act' as the source of expression meanings. The definition of 'Trade Practices Act' in section 3(1) was omitted by the 2010 amendment. This means the provision that imports definitions from the Trade Practices Act now has no defined referent for that Act within the legislation itself, creating an unresolvable ambiguity. While the Competition and Consumer Act 2010 replaced it, no deeming provision in this Act maps one to the other for the purposes of s3(2).","confidence":0.85,"description":"Section 3(2) provides that expressions defined in the Trade Practices Act have the same meaning in this Act, but the definition of 'Trade Practices Act' was omitted from the Act (marked as 'om 2010 No. 54'). The definitional anchor for subsection (2) has been deleted, rendering subsection (2) a provision that applies expressions from an Act it no longer identifies."},{"type":"impossible_compliance","section":"sec.6 (subsec.1)(a) and (subsec.2)","severity":"low","reasoning":"The drafting intent is to allow Queensland to opt-in to Commonwealth modifications earlier than the default 2-month period. However, s6(2)(a) prevents the regulation from appointing any day earlier than its own notification date. In practice, if the modification occurs and Queensland wishes to adopt it immediately, they must still wait for the regulation to be notified before the adoption can take effect — meaning the 'earlier date' power can at best match, never precede, the regulatory notification date. The provision exists to speed up adoption but structurally prevents any meaningful acceleration.","confidence":0.78,"description":"Self-defeating early commencement mechanism: a regulation can appoint an earlier date for a Commonwealth modification to take effect, but the regulation cannot appoint a date earlier than the date of notification of the regulation itself. This means the regulation can never actually accelerate commencement to before it is made — making the 'earlier date' power practically illusory in many real-world scenarios where speed is needed."},{"type":"other","section":"sec.6 (subsec.1)(b) and (subsec.3)","severity":"low","reasoning":"The exclusion mechanism under s6(1)(b) requires the exclusion regulation to be notified within the same 2-month window during which the modification is suspended from operation anyway. Queensland must commit to exclusion before the modification has ever applied. This is not impossible but creates a perverse incentive to exclude first and ask questions later, undermining the cooperative federalism objective.","confidence":0.65,"description":"A regulation excluding a Commonwealth modification must be notified within 2 months of the modification, but the modification itself doesn't apply for at least 2 months under s6(1)(a). This means Queensland must decide to exclude a modification before it has even taken effect as Queensland law, potentially before its practical consequences are fully apparent."},{"type":"self_contradicting","section":"sec.25 (subsec.1) and (subsec.2)","severity":"medium","reasoning":"Section 5 applies the Competition Code text 'as a law of Queensland.' Section 25(2) then deems offences against this Queensland law to be offences against Commonwealth law and 'taken not to be an offence against the laws of this jurisdiction.' The same conduct is simultaneously governed by a Queensland-enacted law that is deemed not to be a Queensland law. While this is a deliberate cooperative federalism technique, the logical contradiction between s5 and s25(2) is genuine and could produce interpretive difficulties.","confidence":0.7,"description":"Double legal fiction: the section simultaneously deems the Competition Code of Queensland to be a Commonwealth law (for applying Commonwealth enforcement laws) AND deems offences against it to not be offences against Queensland law. The Code is enacted as Queensland law under s5 but is then legally pretended, for enforcement purposes, to not be Queensland law at all. This creates an Act that applies a law as its own law but then denies it is its own law."},{"type":"circular_definition","section":"sec.37 (subsec.3)","severity":"low","reasoning":"The subsection is drafted as a fee-imposing provision (likely to satisfy constitutional requirements that fees be imposed by the Act itself rather than delegated legislation), but its operative effect is entirely dependent on the content of the regulations. The provision creates a circular structure: the subsection imposes fees that the regulations prescribe, but the regulations prescribe the fees — the subsection adds no independent content.","confidence":0.68,"description":"Subsection (3) is a self-referential imposing provision that imposes fees by reference to itself imposing them: 'This subsection imposes the fees... that the regulations in the Competition Code of this jurisdiction prescribe.' The subsection purports to impose fees but contains no fee amounts or categories — it merely points to regulations that prescribe fees, making the provision an empty vessel that adds nothing beyond what the regulations already do."},{"type":"impossible_compliance","section":"sec.41 (subsec.1)(b)","severity":"medium","reasoning":"The provision requires a counterfactual assessment of whether conduct giving effect to a varied contract would have been disregarded under the pre-variation contract. If the conduct only exists because of the variation (e.g., a new obligation introduced by the variation), there is no logical way to determine whether it 'would have been disregarded' under the original contract since the original contract never contemplated it. Courts would be asked to apply a non-existent contractual framework to conduct it never governed.","confidence":0.75,"description":"The savings provision for varied pre-cut-off contracts creates an impossible counterfactual test: things done to give effect to a varied contract 'are not to be disregarded unless they would have been disregarded under the contract as in force immediately before the cut-off date.' This requires a court to assess the legal status of conduct under a contract that was subsequently varied — measuring compliance with a version of a contract that no longer exists and may never have required the conduct in question."},{"type":"other","section":"sec.46 (subsec.1)-(subsec.3)","severity":"low","reasoning":"While the device of attaching a reference copy without making it part of the Act is a recognised drafting technique, the combination of: (a) making the attachment central to understanding the Act's operation, (b) declaring it is not part of the Act, and (c) allowing it to be revised to remain accurate, creates an odd situation where the 'real' text lives in Commonwealth law and the attachment is merely an advisory copy that could diverge from the operative text. The Act's key definitions thus point to a document the Act itself disclaims.","confidence":0.55,"description":"The Act attaches a document (the Schedule version of Part IV) that is declared not to form part of the Act, yet the Act's central operative provision (sec.4) defines the Competition Code text by reference to the 'Schedule version of Part IV.' The attachment exists solely to assist understanding of the operative provisions but is simultaneously disavowed as non-operative, creating an attachment that is necessary for practical comprehension but legally irrelevant."}],"contradictions":[{"severity":"medium","section_a":"sec.5 (subsec.1)","section_b":"sec.25 (subsec.2)(b)","confidence":0.8,"description":"Section 5(1) applies the Competition Code text 'as a law of Queensland.' Section 25(2)(b) deems offences against the Competition Code of this jurisdiction to be 'taken not to be an offence against the laws of this jurisdiction.' A law enacted as Queensland law simultaneously is and is not a Queensland law for the purposes of the same Act."},{"severity":"medium","section_a":"sec.13","section_b":"sec.16 (subsec.1)","confidence":0.75,"description":"Section 13 binds the State of Queensland (and other States) to the application law so far as they carry on a business. Section 16(1) says nothing in the application law makes a State liable to a pecuniary penalty or prosecution. Together these create a situation where Queensland is bound by law but immune from its principal enforcement mechanisms — bound in name but not in practical consequence for the most serious contraventions."},{"severity":"low","section_a":"sec.2 (subsec.3)","section_b":"sec.43 (subsec.2)","confidence":0.62,"description":"Section 2(3) allows postponement of commencement by regulation 'but any such postponement can not be effected after the provisions have commenced.' Section 43(2) provides that if commencement is postponed under section 2, the 2-year pecuniary penalty exemption is extended. Once provisions commence on 21 July 1996 (or the postponed date), s2(3) prohibits further postponement — but s43(2) contemplates an ongoing or repeated postponement mechanism that extends a 2-year period, implying multiple possible postponements whose aggregate effect on the extension period is undefined."},{"severity":"low","section_a":"sec.6 (subsec.1)(a)","section_b":"sec.6 (subsec.2)(a)","confidence":0.7,"description":"Section 6(1)(a) allows a regulation to appoint an 'earlier date' for a Commonwealth modification to apply. Section 6(2)(a) then provides the regulation 'can not appoint any day that is earlier than the date of notification of the regulation.' These provisions are internally contradictory: (1)(a) grants a power that (2)(a) then materially restricts to the point where the 'earlier' date can never precede the regulation's own notification — making it earlier only relative to the 2-month default, not earlier in any absolute sense relative to the regulatory process."},{"severity":"low","section_a":"sec.28","section_b":"sec.19","confidence":0.58,"description":"Section 19 confers functions and powers on Commonwealth authorities and officers under the Competition Code of this jurisdiction. Section 28 then provides that where a function or power is conferred on a Commonwealth officer by Division 4 (offences), it may not be performed by an officer or authority of this jurisdiction. However, s19 confers broadly, while s28 restricts only Division 4 conferrals — creating potential overlap where it is unclear whether Queensland officers retain residual enforcement functions under s19 that s28 was intended to remove for Division 4 matters."},{"severity":"medium","section_a":"sec.41 (subsec.2)","section_b":"sec.41 (subsec.1)(a)","confidence":0.67,"description":"Section 41(1)(a) requires that pre-cut-off-date contracts and things done to give effect to them 'are to be disregarded' for contravention purposes. Section 41(2) provides that Part IV does not make unenforceable a provision of a pre-cut-off-date contract unless it was already unenforceable before the operative date. These operate in opposite directions: (1)(a) gives immunity from contravention findings for conduct under such contracts, while (2) preserves the enforceability of the contracts themselves — but enforceability of a contract provision and liability for contravention are not fully separable concepts under competition law, potentially creating contracts that are enforceable but whose performance cannot be assessed for contravention purposes."}]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation has not grown significantly beyond its original purpose of applying the Competition Code text as Queensland law to give effect to the 1995 Conduct Code Agreement. Amendments noted in the text (e.g. 1999, 2010, 2024) primarily update terminology, references to the renamed Commonwealth Act and administrative review mechanisms without altering the core scope of uniform national competition regulation."},"complexity_factors":["Extensive interpretation section (s 3) containing over 20 defined terms with frequent cross-references and amendment notes","Heavy dependence on and modification of the Competition and Consumer Act 2010 (Cth) and its Schedule version of Part IV (ss 4-9)","Multi-jurisdictional application rules including extraterritorial reach subject to Commonwealth Minister consent (s 8)","Layered treatment of offences and administrative laws that deem state Code breaches to be Commonwealth breaches (Part 5, Divisions 4 and 5)","Detailed transitional provisions tied to specific historical dates (cut-off date 19 August 1994, operative date in Part 7)","Nested exceptions for government activities that are not 'business' (s 15) and double-jeopardy style protections (s 34)"],"plain_english_summary":"**This Act applies uniform national competition rules in Queensland.**\n\nIt takes the core parts of Australia's competition law (the *Competition Code*, based on the anti-cartel, anti-monopoly and consumer protection rules in the federal *Competition and Consumer Act 2010*) and makes them Queensland law. The Code covers things like contracts that restrict competition, misuse of market power, and exclusive dealing. \n\nThe Act affects businesses operating in Queensland, companies registered here, residents, and anyone connected to the state. It lets federal bodies such as the Australian Competition and Consumer Commission (ACCC), the Australian Competition Tribunal and the National Competition Council enforce the rules on a national basis. Governments are largely exempt when performing public functions like collecting taxes or issuing licences, but their commercial activities can be caught.\n\nIt matters because it creates one consistent set of competition rules across Australia instead of different rules in each state. This supports open markets while providing transitional rules for old contracts, delay mechanisms for federal law changes, and safeguards so that no one is punished twice for the same conduct."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act alters the scope of competition regulation in Queensland by making the Competition Code text (drawn from the Commonwealth Schedule version of Part IV and related Commonwealth provisions) the State’s competition law and by shifting administration, enforcement and related administrative-law procedures to Commonwealth bodies and regimes (see secs 4–5, 19, 24–33, 30–32). It also extends the Code extraterritorially subject to ministerial consent (sec 8), and centralises fees and penalties to be paid to the Commonwealth (sec 37). These changes move the operational scope from a state-administered regime to a nationally-administered framework and create transitional carve-outs and timing rules for existing contracts and penalties (secs 40–44)."},"complexity_factors":["Interplay between Commonwealth Competition Code text and Queensland law (secs 4–5) requiring cross-jurisdictional textual adaptations (sec 4(2)).","Conferral of functions and exclusive exercise by Commonwealth bodies and officers, displacing State officers (secs 19–20, 27–28, 32–33).","Application of multiple Commonwealth administrative laws to Code matters with cross-references (secs 29–33, 33A, 30–32).","Extraterritorial reach of the Code and ministerial consent rules for overseas conduct (sec 8(2)–(5)).","Revenue transfer and payment rules directing fees, penalties and taxes to the Commonwealth (sec 37) with exceptions tied to Code provisions (secs 82, 87 references within sec 37(2)).","Regulatory discretion over commencement timing and exclusion of future Commonwealth modifications (secs 2, 6).","Transitional rules for existing contracts and temporary penalty exemptions using cut-off and operative dates (secs 40–44).","Multiple cross-references to Commonwealth Acts and instruments (e.g. Competition and Consumer Act, Administrative Review Tribunal Act) increasing interpretive work (secs 3, 4, 29)."],"plain_english_summary":"What this law does, in plain English\n\n- Mechanically, the Act imports the Commonwealth Competition Code into Queensland law so that the text described as the Competition Code (the Schedule version of Part IV of the Commonwealth law together with related Commonwealth provisions and regulations) operates within Queensland as the Competition Code of Queensland (secs 4–5).\n\n- The Act gives the Commonwealth competition bodies (for example, the Australian Competition and Consumer Commission, the Australian Competition Tribunal and the National Competition Council) the functions and powers that the Competition Code gives them in relation to matters in Queensland (secs 19–20). It also provides that Commonwealth administrative laws listed in the Act (e.g. Freedom of Information, Ombudsman, Privacy and the Administrative Review Tribunal Acts as specified) apply to matters arising under the Competition Code in Queensland (secs 29–33, 33A, 30–32).\n\n- Offences under the Competition Code of Queensland are to be treated, for investigation and prosecution and related criminal-process purposes, as if they were offences against Commonwealth law, and Commonwealth criminal and administrative powers therefore apply (secs 24–27). Where a Commonwealth law applies in that way, Commonwealth officers must act as nearly as practicable as they would under the Commonwealth Competition and Consumer Act (sec 27(4)).\n\n- The Code applies to persons and businesses connected with Queensland (persons carrying on business in the State, corporations incorporated or registered in the State, residents or those otherwise connected), and extends to conduct outside the State (sec 8(1)–(2)). Reliance on conduct occurring outside Australia in court proceedings requires written consent of the Commonwealth Minister, who must give consent unless certain conditions are met (sec 8(3)–(5)).\n\n- The Act binds States when they carry on a business directly or through a State authority (secs 13–14), but it excludes particular activities from being treated as \"carrying on a business\" (for example, imposing taxes/levies/fees for licences, licensing decisions, certain intra-government transactions, and specified primary-product acquisitions) (sec 15). The Act also preserves that States themselves are not liable to pecuniary penalties or prosecution under the application law, although State authorities are not similarly protected (sec 16).\n\n- Money collected under the application law (fees, taxes, penalties and fines that the application law authorises) is payable to the Commonwealth rather than to Queensland (sec 37), subject to limited exceptions (sec 37(2)).\n\n- The Act contains transitional rules affecting existing contracts and timing: a cut-off date for disregarding some pre-existing contracts (cut-off date 19 August 1994), a temporary immunity from pecuniary penalties for conduct within two years after 20 July 1995, and rules allowing advance authorisations and transitional regulations (secs 40–45, in particular secs 41–44).\n\nOfficial rationale and how it maps to costs, incentives and implementation mechanics\n\n- The Act explicitly aims to secure uniform national administration of the Competition Codes across participating jurisdictions (sec 18). The mechanical consequences are: (a) Queensland’s competition rules become the Competition Code text (secs 4–5); (b) Commonwealth bodies exercise investigation, enforcement and administrative-review functions in Queensland under Commonwealth-style regimes (secs 19–20, 24–33); and (c) Commonwealth administrative laws (FOI, Ombudsman, Privacy, Administrative Review Tribunal provisions) apply to Code matters in Queensland (secs 29–33, 33A, 30–32).\n\n- Who pays: regulated persons and businesses subject to the Code can be required to pay fees, fines and pecuniary penalties, and those amounts are payable to the Commonwealth (sec 37). States themselves are insulated from pecuniary penalties and prosecution (sec 16), but State authorities that are commercial may be liable (sec 16(3); see also sec 15 on what counts as ‘carrying on a business’).\n\n- Who decides: administration, enforcement and much of the operational decision‑making is centralised to Commonwealth bodies and officers that are given the relevant powers (secs 19, 25–27, 30–32). The Commonwealth Minister has specific consent discretions about relying on conduct occurring outside Australia in some court contexts (sec 8(3)–(5)). The Governor in Council of Queensland retains power to make regulations under the Act, including postponing commencement dates and excluding specified Commonwealth modifications from applying (secs 2, 6, 38–39).\n\n- Behaviour changes and incentives: businesses in Queensland must comply with the Competition Code text as the State’s law (sec 5) and may face investigation and penalties under Commonwealth procedures (secs 24–27). The Code can render contractual terms unenforceable for contracts made on or after the cut-off/operative dates (sec 41). The centralisation of enforcement and revenue (fees/penalties to Commonwealth) may shift incentives for enforcement and for who bears administrative costs (secs 19, 25–27, 37).\n\n- Compliance burden and discretionary power: compliance is affected by cross-jurisdictional rules and by the application of Commonwealth administrative law (which can change review, FOI and privacy processes) (secs 29–33, 30–32). The Commonwealth Minister’s written-consent requirement for overseas conduct to be relied on at hearing introduces a discretionary gate (sec 8(3)–(5)). Regulations can delay or exclude Commonwealth modifications from applying in Queensland (sec 6), creating further administrative discretion at the state-regulation level (sec 2).\n\n- Trade-offs, opportunity costs and implementation risks tied to the instrument: the Act centralises enforcement and administrative regimes (secs 19–27, 30–33), which reduces duplication between State and Commonwealth processes but shifts revenue and administrative control to the Commonwealth (sec 37). That centralisation also removes the ability of Queensland officers to exercise the functions conferred on Commonwealth officers in respect of Code matters (secs 28, 33). Transitional provisions create limited immunity periods and carve-outs for older contracts (secs 41–43), which change legal risk profiles over time and create timing incentives for contracting and for seeking authorisations (sec 44). The Act permits regulations to deal with transitional matters and to specify exceptions under section 51 of the Commonwealth Act (secs 39, 45), which means further implementation detail can be set by regulation.\n\nConcrete mechanisms to watch (references to the Act)\n\n- Importation and status of the Code in Queensland (secs 4–5).\n- Timing and exclusion of future Commonwealth modifications (sec 6).\n- Extraterritorial application and requirement for Commonwealth Minister consent for reliance on conduct outside Australia (sec 8(2)–(5)).\n- Conferral of functions and exclusive exercise by Commonwealth officers (secs 19–20, 27–28, 32–33).\n- Application of Commonwealth administrative laws and their practical consequences (secs 29–33, 33A, 30–32).\n- Revenue flow from fees, penalties and fines to the Commonwealth (sec 37).\n- Transitional and saving rules for existing contracts, temporary penalty exemption, and advance authorisations (secs 40–44).\n\nOverall: the Act replaces a State‑administered competition regime with the Competition Code text as Queensland’s competition law and centralises investigation, enforcement, judicial treatment of offences and administrative review under Commonwealth structures (see especially secs 4–5, 19, 24–33, 37)."}},"importantCases":[],"_links":{"self":"/api/acts/competition-policy-reform-queensland-act-1996","history":"/api/acts/competition-policy-reform-queensland-act-1996/history","analysis":"/api/acts/competition-policy-reform-queensland-act-1996/analysis","conflicts":"/api/acts/competition-policy-reform-queensland-act-1996/conflicts","importantCases":"/api/acts/competition-policy-reform-queensland-act-1996/important-cases","documents":"/api/acts/competition-policy-reform-queensland-act-1996/documents"}}