Exceptions under Commonwealth, state & territory legislation

Some Commonwealth, state and territory Acts permit conduct that would normally contravene the Competition and Consumer Act. Section 51(1) of the Act provides that such conduct may be permitted if it is specifically authorised under those other Acts.

Below is a list of the legislation that allows such conduct or provides for regulations to be made authorising particular conduct. The list includes legislation which the ACCC has been notified of or has otherwise become aware of.

Commonwealth

  • Australian Postal Corporation Act 1989
  • Banking Act 1959
  • Competition and Consumer Act 2010 (s. 173 and 151DA)
  • Customs Act 1901
  • Financial Sector (Business Transfer and Group Restructure) Act 1999
  • Insurance Act 1973
  • Life Insurance Act 1995
  • Liquid Fuel Emergency Act 1984
  • Payment Systems (Regulation) Act 1998
  • Social Security (Administration) Act 1999
  • Stronger Futures in the Northern Territory Act 2012
  • Telecommunications Act 1997

Australian Capital Territory

  • Cemeteries and Crematoria Act 2003
  • Competition Policy Reform Act 1996
  • Financial Management Act 1996
  • Government Procurement Act 2001
  • Health Act 1993
  • Insurance Authority Act 2005
  • Racing Act 1999
  • Road Transport (Public Passenger Services) Act 2001
  • Territory Records Act 2002
  • Waste Management and Resource Recovery Act 2016

New South Wales

  • Australian Jockey and Sydney Turf Clubs Merger Act 2010
  • Betting and Racing Act 1998
  • Casino Control Regulation 2009
  • Coal Industry Act 2001
  • Competition Policy Reform (New South Wales) Act 1995
  • Electricity Generator Assets (Authorised Transactions) Act 2012
  • Gaming Machines Act 2001
  • Health Services Act 1997
  • Hunter Water Act 1991
  • Industrial Relations Act 1996
  • Industrial Relations (Ethical Clothing Trades) Act 2001
  • James Hardie Former Subsidiaries (Winding up and Administration) Act 2005
  • Land and Property Information NSW (Authorised Transaction) Act 2016
  • Liquor Act 2007
  • Major Events Act 2009
  • Passenger Transport Act 2014
  • Point to Point Transport (Taxis and Hire Vehicles) Act 2016
  • Rice Marketing Act 1983
  • Sporting Venues Authorities Act 2008
  • Thoroughbred Racing Act 1996
  • Totalizator Act 1997
  • Waste Avoidance and Resource Recovery Act 2001

Northern Territory

  • Competition Policy Reform (Northern Territory) Act 1996
  • Consumer Affairs and Fair Trading Act 1990
  • Consumer Affairs and Fair Trading (Tow Truck Operators Code of Practice) Regulations 1996
  • Electricity Reform Act 2000
  • Environmental Protection (Beverage Containers and Plastic Bags) Act 2011
  • Liquor Act 1978
  • Water Supply and Sewerage Services Act 2000

Queensland

  • Competition Policy Reform (Queensland) Act 1996
  • Gladstone Power Station Agreement Act 1993
  • Racing Act 2002
  • Sugar Industry Act 1999
  • Transport Operations (Passenger Transport) Act 1994
  • Waste Reduction and Recycling Act 2011

South Australia

  • Authorised Betting Operations Act 2000
  • Authorised Betting Operations Regulations 2016
  • Competition Policy Reform (South Australia) Act 1996
  • Cooper Basin (Ratification) Act 1975
  • Roxby Downs (Indenture Ratification) Act 1982

Tasmania

  • Competition Policy Reform (Tasmania) Act 1996
  • Electricity Reform Act 2012
  • Electricity Supply Industry Act 1995
  • Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995
  • Gaming Control Act 1993
  • Rail Company Act 2009
  • TOTE Tasmania (Sale) Act 2009
  • Water and Sewerage Corporation Act 2012

Victoria

  • Access to Medicinal Cannabis Act 2016
  • Gambling Regulation Act 2003
  • Gas Industry (Residual Provisions) Act 1994
  • Health Services Act 1988
  • Legal Profession Uniform Law Application Act 2014
  • Liquor Control Reform Act 1998
  • Outworkers (Improved Protection) Act 2003
  • Owner Drivers and Forestry Contractors Act 2005
  • State Owned Enterprises Act 1992

Western Australia

  • Betting Control Act 1954
  • Competition Policy Reform (Western Australia) Act 1996
  • Electricity Corporations Act 2005
  • Electricity Industry (Wholesale Electricity Market) Regulations 2004
  • Electricity Industry Act 2004
  • Energy Coordination Act 1994
  • Liquor Control Act 1988
  • North West Gas Development (Woodside) Agreement Act 1979
  • Owners-Drivers (Contracts and Disputes) Act 2007