Competition and Consumer (Price Monitoring—Domestic Air Passenger Transport) Direction 2023

The instrument rests on a small set of enumerated concepts and cross-references to the Act and to industry classification systems.

• Object: The stated object is to monitor prices, costs and profits relating to the supply of domestic air passenger transport services and related goods and services (s 5). This sets the substantive focus for the Commission’s monitoring work.

• Commission’s monitoring duty: The Commission is directed to monitor prices, costs and profits relating to the supply of goods and services by persons in the air passenger transport service industry, and to report to the Treasurer at least quarterly for three years beginning with the quarter ending 31 March 2024 (s 6(1)(a)-(b)).

• Scope and exclusions: The monitoring duty applies to “persons in the air passenger transport service industry” as defined, but does not apply to an “exempt supply” or to supplies by a State or Territory authority (s 6(2); s 4). The instrument fixes meanings for several terms by reference to Part VIIA of the Act and for ANZSIC (s 4).

• Industry definition: “Air passenger transport service industry” is defined as the parts of ANZSIC class 4900 that relate to supply of air passenger transport services, as classified in ANZSIC (s 4). The instrument fixes the ANZSIC version to the 2006 publication as revised and in force on the day the instrument commences (s 4).

• Temporal framing: “Quarter” is defined as the three month periods ending 31 March, 30 June, 30 September or 31 December (s 4). The monitoring period is expressly three years starting from the quarter ending 31 March 2024 (s 6(1)(b)). The instrument also contains a standalone repeal date: the instrument is repealed on 1 January 2027 (s 8).

• Part VIIA interaction: The Commission is directed to “give special consideration” to the object and to monitoring domestic air passenger transport services and related goods and services when exercising its Part VIIA powers and functions in relation to the direction in s 6 (s 7). The instrument therefore operates through the Commission’s Part VIIA statutory architecture.

• Cross-referencing definitions: Several core words are declared to “have the same meaning as in Part VIIA of the Act” including exempt supply, goods, person, price, services, State or Territory authority, and supply (s 4). The instrument also includes a Legislation Act 2003 note that expressions have the same meaning in the Competition and Consumer Act 2010 as in force from time to time (s 4 note).

These concepts govern delimitation of the monitoring task. The instrument does not itself create criminal or civil offences, nor does it itself set out mandatory disclosure forms, thresholds, or penalties. The operational reach of the monitoring project will be shaped by the Commission’s use of its Part VIIA powers and functions, which the instrument instructs the Commission to prioritise for the specified object (s 7).

Directly affected parties

• The Australian Competition and Consumer Commission (the Commission), which is the directed actor. The Treasurer gives a direction to the Commission under the Act and the Commission is required to monitor and report under s 6(1)(a)-(b). The instrument thus imposes an administrative task on the Commission for the stated period (s 5-7).

• Persons in the “air passenger transport service industry” as defined in the instrument (s 4). That is the subset of ANZSIC class 4900 that relates to supply of air passenger transport services. The definition captures suppliers of the defined domestic air passenger transport services and goods and services related to that supply, to the extent those suppliers fall inside the ANZSIC parts specified.

Indirectly affected parties

• Suppliers of goods and services that are related to domestic air passenger transport services. The instrument requires the Commission to monitor prices, costs and profits relating to those goods and services in addition to the passenger transport services themselves (s 5; s 7(b)(ii)).

• The Treasurer, who is the recipient of the Commission’s quarterly reports (s 6(1)(b)). The reports are directed to be given to the Treasurer at least once every quarter during the stated period.

• State and Territory authorities are explicitly carved out of the monitoring direction: the monitoring obligation does not apply to supplies by a State or Territory authority (s 6(2)(b)). Similarly, supplies that are “exempt supply” as defined in Part VIIA of the Act are excluded (s 6(2)(a)).

Who is not directly assigned duties or liabilities in this instrument

• The instrument does not impose new statutory obligations or penalties on airlines, travel agents, airport operators, suppliers of ancillary services, or other commercial participants in the industry in the text itself. It directs the Commission to monitor and report; it does not by itself create offences, civil penalties, or mandatory disclosure forms for industry. Any compliance duties that industry members will face depend on the Commission’s exercise of its Part VIIA powers and functions, which are not set out in the instrument (s 7).

• Consumers and passengers are not given rights or remedies by this instrument. The document does not provide a private right of action or express consumer-facing entitlements.

Resource and compliance burden allocation

• The Commission bears the direct administrative cost of designing and running the monitoring program and of producing the quarterly reports to the Treasurer (s 6(1)(b)). Those costs will be borne from the Commission’s budget unless the Act or other appropriation arrangements provide otherwise. The instrument is silent on funding.

• Industry participants may bear compliance-related costs if the Commission obtains information from them or requires documentation under its Part VIIA powers while implementing the monitoring program. The instrument does not itself authorise particular compulsory information-gathering steps; it simply directs the Commission to monitor and to give special consideration to the instrument’s object when exercising its Part VIIA powers (s 6; s 7).

Geographic scope

• The instrument is focused on domestic air passenger transport services, defined as services provided for air passenger transport between places within Australia (s 4). International services fall outside that definition.

Timing and affected reporting windows

• The monitoring period is stated to start with the quarter ending 31 March 2024 and to run for three years (s 6(1)(b)). The instrument also contains a repeal provision scheduled for 1 January 2027 (s 8). That timing affects which quarters fall within the monitoring window and creates a material calendar consideration for the Commission and for any entities that may need to provide data for the reporting periods.

Duties placed by the instrument

• Commission’s monitoring duty: The core duty placed by this instrument is on the Commission to monitor “prices, costs and profits relating to the supply of goods and services by persons in the air passenger transport service industry” (s 6(1)(a)). This is a directive obligation under subsection 95ZE(1) of the Act invoked by the instrument (s 6(1) heading).

• Reporting duty: The Commission must give the Treasurer a report on the monitoring “at least once every quarter” for a period of three years starting from the quarter ending 31 March 2024 (s 6(1)(b)). The reporting cadence is mandatory in frequency but not prescriptive about content, format, or public release.

• Special consideration duty: Under subsection 95ZH(1) of the Act, the Commission is directed to “give special consideration” to the object of the instrument and to monitoring domestic air passenger transport services and related goods and services when exercising its powers and functions under Part VIIA of the Act in relation to the direction in s 6 (s 7). This requires the Commission to prioritise or focus attention on the instrument’s object within its Part VIIA exercises.

Rights and limits found in the instrument

• Exclusions and carve-outs: The monitoring duty expressly does not apply to “an exempt supply” or to “the supply of a good or service by a State or Territory authority” (s 6(2)). Thus the Commission’s monitoring work under this direction is limited by those statutory categories.

• No new offences or penalties: The instrument does not create statutory offences, civil penalties, or consumer remedies. The direction operates within the Commission’s existing Part VIIA power-set; any enforcement outcomes for industry participants would depend on the exercise of Part VIIA powers and any other statutory provisions of the Act, which are not reproduced in this instrument (s 7).

• Definitions-driven scope: Several operative words,exempt supply, goods, person, price, services, State or Territory authority, supply,are defined by reference to Part VIIA of the Act (s 4). The precise legal boundaries of obligations and exemptions therefore depend on those Part VIIA definitions.

Operational discretion and absence of prescriptive methodology

• The instrument requires monitoring and reporting but does not prescribe methodology, metrics, data sources, or the Commission’s analytical approach. The Commission’s choices about what data to collect and how to present prices, costs and profits will be exercised under its Part VIIA powers and functions, with special consideration instructed by s 7.

• The instrument also does not specify whether the quarterly reports are to be made public, whether they are for the Treasurer’s internal use only, or whether they must include confidential commercial information. Those outcomes depend on Part VIIA and standard administrative practice, not on the text of this instrument.

Temporal duty tension

• The instrument sets a three year reporting period starting from the quarter ending 31 March 2024 (s 6(1)(b)) and separately contains a repeal provision that takes effect on 1 January 2027 (s 8). This raises an internal timing tension between the stated duration for reporting duties and the instrument’s own repeal date. The immediate effect is that the Commission is directed to monitor and report while the instrument is in force; how the repeal date interacts with the three year reporting statement will be determined by operation of statute and by subsequent administrative steps, none of which are specified in this instrument.

No new private rights of action

• The instrument does not confer new private rights on third parties to compel monitoring, to access the Commission’s reports, or to enforce the direction. It is a statutory direction from the Treasurer to the Commission rather than normatively directed at private parties.

The instrument does not create new penalties, fines, criminal offences, or civil liability provisions. It is a direction from the Treasurer to the Commission to undertake monitoring and reporting tasks; enforcement in relation to industry participants would be a function of the Commission’s powers under the Act, not of this instrument itself (s 6; s 7).

What the instrument says about enforcement

• No explicit sanctions: Nowhere in the text does the instrument prescribe penalties, infringement notices, injunctions, or other sanctions against persons in the air passenger transport service industry. The instrument merely directs monitoring and requires reporting to the Treasurer (s 6(1)(a)-(b)).

• Reliance on Part VIIA powers: The instrument tells the Commission to give special consideration to the instrument’s object in exercising its Part VIIA powers and functions (s 7). Part VIIA of the Act contains the statutory architecture for various functions and powers relevant to price monitoring and related regulatory activity. The instrument itself does not restate or alter those powers.

Practical enforcement implications and limits

• Information-gathering and compelled production: The instrument does not itself set out information-gathering powers or compulsory notice provisions. If the Commission chooses to gather data from industry participants it will do so under Part VIIA powers and functions, which the instrument references but does not reproduce. Accordingly, any compulsory information-gathering steps, notices, or penalties for non-compliance would need to be based on the statutory provisions in the Act rather than on this instrument.

• Administrative enforcement: The Commission’s compliance activities under Part VIIA might include regulatory engagement, information requests, or administrative processes. Those enforcement modalities are not specified in the direction.

• No private enforcement channel created: The instrument does not create a statutory cause of action for private parties to enforce the monitoring obligation or to compel publication of the Commission’s reports.

Reporting and publicity risks

• The instrument requires at least quarterly reporting to the Treasurer. It does not state whether reports must be publicly released. Commission practice on publication of reports and on handling of commercially sensitive information will determine public enforcement pressure and reputational effects on industry participants. The instrument itself is silent on publication and confidentiality.

Limits on retrospective enforcement

• The instrument does not stipulate retrospective liability or retrospective disclosure obligations. Any data sought by the Commission in monitoring will concern the monitoring period specified by s 6(1)(b), subject to how the Commission interprets its Part VIIA powers.

Summary

• Enforcement and penalties for industry participants do not arise directly from this instrument. The direction creates an administrative monitoring and reporting obligation for the Commission and instructs the Commission to prioritise certain matters when using its Part VIIA powers. Any compulsion, sanctions or penalties would flow from the statutory powers in the Act and how the Commission exercises them, not from this text alone (s 6; s 7).

Primary statutory anchor

• The instrument is made under the Competition and Consumer Act 2010 (s 3). It explicitly relies on the Commission’s Part VIIA powers and functions and invokes specific subsections of the Act as the legal basis for directions to the Commission (s 6 references subsection 95ZE(1); s 7 references subsection 95ZH(1)). The instrument therefore operates within the statutory framework of the Act and must be interpreted in light of Part VIIA.

Cross-references to Part VIIA definitions

• The instrument adopts several defined terms by reference to Part VIIA of the Act. The words “exempt supply”, “goods”, “person”, “price”, “services”, “State or Territory authority”, and “supply” are declared to have the same meaning as in Part VIIA (s 4). This means changes to definitions in Part VIIA or differing judicial interpretation of those terms under the Act will directly affect the scope and application of the instrument.

Interaction with ANZSIC classification

• The industry scope is framed by ANZSIC class 4900 and the instrument fixes the applicable ANZSIC version to the Australian and New Zealand Standard Industrial Classification 2006 as revised and in force on the day the instrument commences (s 4). That reference sets an objective statistical classification line for defining the industry, but the instrument narrows it to those parts of ANZSIC class 4900 that “relate to the supply of air passenger transport services”. The Commission and parties will need to consult that ANZSIC text when ascertaining whether specific enterprises fall within the defined industry.

Legislation Act 2003 note

• The instrument includes a note that expressions have the same meaning in the Competition and Consumer Act 2010 “as in force from time to time” under paragraph 13(1)(b) of the Legislation Act 2003 (s 4 note). This indicates that, for terms where the instrument does not themselves fix a definition, their meaning is to be derived from the Act as it stands from time to time.

Exclusions shaping legal interaction

• “Exempt supply” and supplies by State or Territory authorities are excluded from the monitoring direction (s 6(2)). Because those exclusions are defined in Part VIIA and the broader statute, the instrument interacts with existing statutory categories that may themselves be subject to policy or legislative change.

No alteration of other statutory rights or duties

• The instrument does not change the substantive rights, duties, or liabilities in other parts of the Act or in other statutes. It is a direction to the Commission to use its Part VIIA powers in a particular way; it does not amend the Act, nor does it purport to override other statutory obligations. Implementation therefore operates alongside, and within, the framework of the Competition and Consumer Act 2010.

Administrative law overlap and confidentiality

• The instrument instructs the Commission to report to the Treasurer but is silent on public release, confidential handling, or intelligence-sharing with other agencies. The Commission’s handling of commercially sensitive information will be governed by the Act, any applicable administrative law principles, and its own policies. Those interactions will determine whether monitoring outcomes trigger other legal processes, such as consumer enforcement actions or competition investigations, which are not created by the instrument but may be enabled by the Commission’s information collection.

Temporal interaction (timing inconsistency)

• The instrument sets a three year monitoring period starting with the quarter ending 31 March 2024 (s 6(1)(b)), and separately schedules the instrument’s repeal for 1 January 2027 (s 8). That timing creates an internal interaction that affects how the monitoring duty coexists with the instrument’s own lifecycle. Any legal consequences of this timing mismatch will be resolved by reference to the Act and established statutory interpretation rules, as well as by subsequent administrative or legislative steps not specified in this instrument.

The instrument as supplied contains the following material concerning its making, commencement and repeal. There are no other amendments listed in the text provided.

• Date and maker: The instrument is dated 6 November 2023 and signed by Jim Chalmers, Treasurer (front matter).

• Name: It is titled the Competition and Consumer (Price Monitoring,Domestic Air Passenger Transport) Direction 2023 (s 1).

• Commencement schedule: The instrument contains a commencement table in s 2(1), which provides that Parts 1 and 2, and anything not elsewhere covered by the table, commence the day after registration. Part 3 commences on 1 January 2027 (s 2(1); commencement table). The note in s 2 clarifies that the table only relates to the provisions as originally made and will not be amended in later published versions.

• Repeal provision: Section 8 states the instrument is repealed on 1 January 2027. That repeal is given an operative commencement date by the commencement schedule (s 2; s 8).

• Definitions fixed at commencement: The instrument fixes the ANZSIC reference to the 2006 publication as revised and in force on the day the instrument commences (s 4). The instrument also includes a note that, in 2023, ANZSIC 2006 was accessible through the ABS website, but that note is informational.

Absent amendment history

• The text supplied does not include any amendments, legislative history, prior versions, or subsequent modifications. There are no annotated changes or saved historical versions in the instrument text provided.

Calendar implications

• The instrument’s own repeal date (1 January 2027) is earlier than the three year monitoring period’s stated end point if that three year period is taken to begin with the quarter ending 31 March 2024 (s 6(1)(b); s 8). That scheduling detail is part of the instrument as made.

How future amendments would operate

• As a direction made under the Act, the instrument could in principle be revoked, superseded or amended by subsequent instruments made by the Treasurer under the Act. The instrument itself contains no mechanism for amendment other than standard legislative processes; it is silent on transitional arrangements if the Commission has already begun monitoring under the direction.

The instrument contains no litigation history, judicial references, or judicial consideration recorded in the text provided.

• No cases named: The instrument does not cite any judicial decisions, nor does it report any litigation concerning its validity, operation, or interpretation.

• No administrative tribunal history: There is no reference to administrative decisions, merits review, or tribunal proceedings in the instrument.

• Implication for practitioners: Any judicial or tribunal interpretation of this instrument’s provisions, or of the Commission’s exercise of Part VIIA powers in the context of this direction, would need to be sourced from subsequent case law and is not present in the instrument as made.

• Future litigation potential: The instrument’s practical legal issues that could generate disputes include: the meaning and application of the ANZSIC-based industry definition; whether particular supplies fall within the “exempt supply” exclusion; the impact of the instrument’s repeal date on the stated three year monitoring period; and the Commission’s use of Part VIIA powers in response to the direction. None of those matters have been the subject of litigation in the text supplied.

Because the instrument contains no litigation history, practitioners must rely on the Act, administrative law principles, and subsequent decisions (if any) for precedential guidance on disputes arising out of the monitoring program.

The instrument is short but contains several drafting and operational features that may produce practical surprises or implementation risk for the Commission and for industry participants. These “gotchas” are strictly grounded in the text.

Timing mismatch between monitoring period and repeal

• The instrument directs monitoring “for a period of 3 years, starting from the quarter ending on 31 March 2024” (s 6(1)(b)), but also provides that the instrument is repealed on 1 January 2027 (s 8; s 2 commencement table). A literal reading produces a temporal inconsistency: the stated three year monitoring window extends beyond the instrument’s repeal date. This creates legal and practical uncertainty about whether the Commission’s direction to monitor for the remainder of the three year period survives repeal, and whether the Commission should plan to monitor quarters after 1 January 2027. The instrument contains no transitional savings clause addressing this point.

ANZSIC reference point and scope narrowing

• “Air passenger transport service industry” is defined by reference to “those parts of the air and space transport class 4900 that relate to the supply of air passenger transport services, as classified in ANZSIC” (s 4). The instrument fixes the ANZSIC version to the 2006 publication “as revised and in force on the day this instrument commences” (s 4). Consequently, the industry boundary depends on the ANZSIC text as it exists on commencement day. If companies or activities do not align neatly with those ANZSIC parts, disputes may arise about whether a particular supplier is in scope. Practitioners should not assume that the broad label “airlines” automatically maps onto the defined ANZSIC segments without checking the classification text referenced.

Interaction of two definitional devices

• The instrument contains a Legislation Act 2003 note that expressions have the same meaning in the Competition and Consumer Act 2010 “as in force from time to time” (s 4 note) while simultaneously importing a fixed ANZSIC version. That combination means some terms will follow the Act’s evolving meanings but the industry classification is fixed to the ANZSIC version at commencement. Care is required when mapping statutory definitions to industry classification.

Exclusions may exclude significant activity

• The monitoring direction excludes “exempt supply” and supplies by a State or Territory authority (s 6(2)). Because “exempt supply” has the same meaning as in Part VIIA of the Act (s 4), certain fares or arrangements may fall outside the monitoring remit. Parties should not assume the monitoring captures all domestic air travel; particular supplies may be legally carved out.

No required methodology or publication standard

• The instrument mandates monitoring and quarterly reporting but is silent on methodology, metrics, thresholds, or whether reports will be public (s 6). That means the Commission retains discretion about what it measures and how it presents results. Industry and observers should not expect standardised comparative metrics unless the Commission chooses to adopt them.

Potential for information requests under other statutory powers

• The instrument instructs the Commission to give special consideration to the instrument’s object in exercising Part VIIA powers (s 7). It therefore signals that the Commission may use its statutory powers to obtain information from market participants. The instrument itself does not set information-gathering rules, so affected parties must prepare to respond to lawful information requests under Part VIIA. The detail of those duties depends on statutory provisions in the Act, not on this instrument.

No express public release or privacy handling

• The instrument requires reports to the Treasurer but does not specify whether reports are to be published, or how commercially sensitive information will be treated. The Commission’s handling of that trade-off will determine reputational and compliance consequences for industry participants.

Definition of “related goods and services” is not elaborated

• The instrument requires monitoring of “goods and services that are related to the supply of domestic air passenger transport services” (s 7(b)(ii)) but does not define “related”. Parties offering ancillary services, ground handling, booking technology, or airport retail may be subject to monitoring depending on the Commission’s interpretation of “related”. The lack of a clear delimiting definition creates scope uncertainty.

Quarterly cadence and data granularity

• The instrument defines “quarter” as the calendar quarters ending 31 March, 30 June, 30 September and 31 December (s 4). The monitoring period starts from the quarter ending 31 March 2024. Industry participants must be prepared to provide or reconstruct data aligned to those quarter end dates. Absent transitional instructions, data collection systems and accounting practices may need adjustments to ensure comparability.

No funding or resourcing detail

• The instrument imposes a monitoring and reporting task on the Commission but is silent on budget or resourcing. That means that practical delivery of the quarterly reports depends on Commission capacity and any broader governmental funding arrangements, which are not articulated in this instrument.

This instrument directs the Commission, not private parties, but if an entity operates in the air passenger transport service industry or supplies related goods and services, prudent steps reduce legal and operational risk if the Commission seeks information under Part VIIA. The following compliance checklist is grounded in the instrument’s text.

1. Confirm whether you are in scope under the instrument

• Consult the ANZSIC 2006 classification as revised and in force on the instrument’s commencement day to determine whether your business activities sit in the parts of class 4900 that “relate to the supply of air passenger transport services” (s 4). Do not assume industry labels. Document the basis for your classification choice.

• Check whether your supplies are domestic air passenger transport services as defined in the instrument (s 4), meaning services provided for air passenger transport between places within Australia. International flights fall outside this definition.

2. Check for statutory exclusions

• Determine whether any of your supplies qualify as an “exempt supply” under Part VIIA of the Act. The monitoring direction does not apply to exempt supplies (s 6(2)(a)). Obtain legal advice on whether particular fare structures, regulated arrangements, or statutory exceptions meet the exempt supply definition in Part VIIA (s 4).

• If you are a State or Territory authority or supply goods or services as such, note those supplies are excluded from the monitoring obligation (s 6(2)(b)).

3. Prepare data aligned to quarters and to the monitoring period

• The instrument defines “quarter” by reference to the calendar quarter end dates (s 4). Prepare accounting and reporting datasets aligned to those quarter boundaries, beginning with the quarter ending 31 March 2024. Build datasets capturing prices, costs and profits that can be disaggregated by quarter and by relevant product and service lines as the Commission may request (s 6(1)(a)).

• Where composite products or bundled fares exist, document cost allocation and margin calculations transparently so queries about “related goods and services” can be addressed (s 7(b)(ii)).

4. Anticipate and respond to Commission information requests

• Although the instrument does not itself prescribe information-gathering mechanisms, it instructs the Commission to give special consideration to the object when exercising Part VIIA powers (s 7). Be ready to respond to lawful information notices or voluntary requests by keeping contemporaneous records supporting pricing decisions, cost structures, profit metrics, and contract terms.

• Maintain an audit trail for pricing decisions, capacity planning, discounting programmes, loyalty arrangements, and any government-provided subsidies or transfer payments that impact prices, costs or profits.

5. Protect commercially sensitive data while cooperating

• Identify categories of commercially sensitive or confidential information and work with legal counsel to prepare protective submissions and to negotiate handling procedures with the Commission. The instrument does not state whether reports will be public or how the Commission will treat confidential material, so proactive confidentiality protocols are prudent.

• Where possible, propose redacted or aggregated reporting templates that meet the Commission’s analytical needs while preserving trade secrets and commercially sensitive detail.

6. Reconcile regulatory reporting systems and internal accounting

• Ensure internal accounting, forecasting, and commercial reporting systems can produce the metrics the Commission may reasonably require: fares and ancillary charges; unit costs by route or service type; revenue per available seat-kilometre or equivalent internal KPIs; profit metrics per service line; and other commonly used indicators of price and profitability. The instrument’s monitoring focus on “prices, costs and profits” suggests those categories will be of interest (s 5; s 6(1)(a)).

7. Monitor and document government policy interactions

• If your pricing is influenced by government instruments, subsidies, infrastructure charges, airport fees, or State-level arrangements, maintain records documenting the relationship. The instrument excludes State and Territory authority supplies but does not exclude private suppliers who transact with State or Territory authorities. Document any contracted or regulatory arrangements that materially affect prices or costs.

8. Plan for quarter-by-quarter disclosure

• The instrument requires reports “at least once every quarter” for the stated period (s 6(1)(b)). Assume the Commission will seek updated information on a quarterly basis and build internal reporting templates to minimise ad hoc burden.

9. Watch the repeal and planning horizon

• Note the instrument contains a repeal on 1 January 2027 (s 8). While the instrument also states a three year monitoring period starting with the quarter ending 31 March 2024 (s 6(1)(b)), the repeal date precedes the calendar end of that three year period. Plan for monitoring and potential Commission engagement up to and including the instrument’s repeal date, and track any subsequent instruments or directions that may extend, replace, or modify the monitoring arrangement.

10. Seek early engagement and document interactions

• Consider early engagement with the Commission to clarify methodology, data requests, and confidentiality protocols. Record and preserve all exchanges to establish the scope of any requests and the legal basis asserted by the Commission under Part VIIA when seeking information, as the instrument instructs the Commission to use Part VIIA powers in relation to the direction in s 6 (s 7).

11. Update compliance manuals and train staff

• Update internal compliance manuals to cover data preservation and response pathways for Commission enquiries. Train finance, pricing, commercial, and legal teams on the quarter definitions, data requirements, and the instrument’s limited carve-outs so that responses are timely and consistent.

12. Legal advice and escalation

• If the Commission issues compulsory notices that a party considers outside its legal power, obtain prompt legal advice. The instrument does not alter legal remedies available under the Act or at general law, but it does indicate the Commission will prioritise this monitoring program when exercising Part VIIA powers (s 7).

By following these steps, entities operating within the defined industry and providing related goods and services will be better positioned to meet data requests and to protect commercially sensitive information while complying with the Commission’s monitoring program as directed by the Treasurer under this instrument (s 6; s 7).