27-672: The Australian Energy Regulator (AER) is the regulatory authority for the wholesale electricity and gas markets in Australia. The AER is a part of the Australian Competition & Consumer Commission , and enforces the rules established by the Australian Energy Market Commission . The AER was established in July 2005. The next year all 13 bodies previously responsible for energy regulation had transferred responsibility to
54-640: A full court comprising three judges can be convened upon determination by the Chief Justice. The Court also has appellate jurisdiction, which is mostly exercised by a Full Court comprising three judges (although sometimes by a panel of five judges and sometimes by a single judge), the only avenue of appeal from which lies to the High Court of Australia . In the Australian court hierarchy , the Federal Court occupies
81-509: A position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family Court of Australia for all jurisdictions except family law . It was established in 1976 by the Federal Court of Australia Act. The Chief Justice of the Federal Court is Debra Mortimer . The Federal Court has no constitutional jurisdiction- its jurisdiction
108-460: A producer refusing to supply a potential retailer or customer with a product – is not itself illegal unless the action would have an anti-competitive effect on the market as a whole. The ACCC brings court action against companies that breach the Competition and Consumer Act 2010, which can result in the application of fines and other penalties. The maximum fine for a corporation is calculated as
135-411: A website listing all Australian product recalls . The following organisations are commissioned to assist with the surveillance and monitoring of product safety in relevant areas: The ACCC, in conjunction with state and territory offices of fair trading, is responsible for developing and enforcing mandatory consumer product safety standards except where the product falls into the jurisdiction of one of
162-625: Is provided by statute. The Court's original jurisdiction include matters arising from Commonwealth legislation such as, for example, matters relating to taxation, trade practices, native title, intellectual property, industrial relations, corporations, immigration and bankruptcy. The Federal Court of Australia also has appellate jurisdiction from Division 2 of the Federal Circuit and Family Court of Australia on all general federal law matters ( family law matters are appealed to Division 1 of that Court). The Court also exercises general appellate jurisdiction in criminal and civil matters on appeal from
189-512: Is the chair of the AER, and Jim Cox is the deputy chair. The remaining members are Eric Groom, Catriona Lowe and Justin Oliver. The chief executive officer of the AER is Elizabeth Develin. This Australian government-related article is a stub . You can help Misplaced Pages by expanding it . Australian Competition %26 Consumer Commission The Australian Competition and Consumer Commission ( ACCC )
216-817: Is the chief competition regulator of the Government of Australia , located within the Department of the Treasury . It was established in 1995 with the amalgamation of the Australian Trade Practices Commission and the Prices Surveillance Authority to administer the Trade Practices Act 1974 , which was renamed the Competition and Consumer Act 2010 on 1 January 2011. The ACCC's mandate
243-672: Is to protect consumer rights and business rights and obligations, to perform industry regulation and price monitoring, and to prevent illegal anti-competitive behaviour. The ACCC's deeper origins are found in the Restrictive Trade Practices Act of Sir Garfield Barwick , Attorney-General in the Liberal Government of Sir Robert Menzies in 1965. Opponents derided Barwick's Trade Practices Act 1965 as "ineffectual". (The Act) did not declare any practices illegal ipso facto , but only did so after detailed investigation by
270-525: The Australian Consumer Law and regulation of telecommunications and energy industries. The ACCC, under the Act, also regulates certain industries by providing access to national infrastructure. The ACCC also has an educative role and seeks to educate both consumers and businesses as to their rights and responsibilities under the Act. The Australian Energy Regulator is a constituent but separate part of
297-890: The Supreme Court of Norfolk Island ; and exercises appellate jurisdiction in appeals from state supreme courts in some federal matters. Other federal courts and tribunals where the Court exercises appellate jurisdiction include the Australian Sports Anti-Doping Authority and the Australian Human Rights and Equal Opportunity Commission . The Court has concurrent jurisdiction with the Australian Capital Territory Supreme Court and Northern Territory Supreme Court over civil matters arising under those Territories' laws. It also has
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#1732859121679324-474: The ACCC and is responsible for economic energy regulation. It shares staff and premises with the ACCC, but has a separate board, although at least one board member must also be a Commissioner at the ACCC. In most cases the spirit of the Act, and thus the actions of the ACCC, favours neither consumer nor supplier, but strives to achieve a competitive market without artificial restrictions. For example, refusal to deal –
351-661: The ACCC published findings of its inquiry into the competitiveness of retail prices for groceries in Australia. The report found that the Australian supermarket sector is " workably competitive ", but price competition is limited by barriers to entry and a lack of incentive for the two major players, Coles and Woolworths, to compete on price. The report also noted that Coles and Woolworths engage in deliberate strategies designed to ensure they maintain exclusive access to prime sites such as shopping centres to prevent centre managers leasing space to competing supermarkets. In September 2009,
378-487: The ACCC reached agreement with Coles and Woolworths to phase out restrictive lease agreements. The ACCC has enforced the law against producers of quack devices with medical claims like Power Balance . It won a case on 24 March 2016 against Valve for failing to provide refunds for faulty products, and making representations that domestic consumer guarantees did not apply to purchases using the Steam client. The ACCC maintains
405-438: The AER. Decisions made by the regulator are subject to appeal. The AER's current functions are focused on regulating the natural monopoly transmission and distribution sectors of the national electricity market, monitoring the wholesale electricity market and enforcing electricity market rules. The AER's regulatory functions and powers are conferred upon it by the national electricity law and the national electricity rules. Under
432-646: The Act. In regard to its role of safeguarding consumer rights, there has been occasional criticism of the ACCC for being "all-talk-no-action". This criticism is most likely due to the inherent difficulty in obtaining sufficient evidence to prove breaches of the restrictive trade practices provisions of the Competition and Consumer Act. The ACCC has exercised its authority in a number of retail areas, including fining retailer Target for false advertising and Woolworths (including some Safeway -branded supermarkets in Victoria ) for anti-competitive liquor deals. In 2008,
459-527: The Attorney-General in the Whitlam Labor Government , solicited the advice of the economist and business commentator, Professor Ted Wheelwright . In April 1973, Wheelwright produced a report for Murphy which became the blueprint of new legislation. He recommended, among other things, that the Act be clearly focused on protecting the consumer. Murphy is acknowledged as having completely changed
486-482: The Competition and Consumer Act. Such undertakings may include a wide range of remedies to the conduct. A range of other remedies can be ordered by the court. For example, companies are frequently forced to publish retractions of false advertising claims in national newspapers and at their places of business. Companies found in breach of the CCA are usually bound to implement a compliance program to ensure future compliance with
513-585: The Trade Practices Commissioner. There were so many restrictive practices reported to the Commissioner, and the investigations were so prolonged, that one cynic remarked that at the (then) current rate of progress, it would take a hundred years to examine them all! Though recognised as a failure, Barwick's legislation established in Australian law "the principle of legislative coverage of trade practices". The area badly needed reform. Lionel Murphy ,
540-436: The larger of: $ 50,000,000; or three times the value of the illegal benefit; or (if the value of the benefit cannot be ascertained) 30% of turnover for the preceding 12 months. Individuals may be fined up to $ 2,500,000 under the Competition and Consumer Act for offences such as price fixing or participation in a cartel . The ACCC also has power to accept, on its own behalf, court enforceable undertakings under section 87B of
567-505: The national electricity law and national electricity rules, the AER's key responsibilities at the present time include: The AER board currently has five members who are statutory appointments. Part IIIAA of the Competition and Consumer Act provides that two of the members of the AER must be chosen by the Commonwealth, with three of the members chosen by the States and Territories. Clare Savage
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#1732859121679594-475: The newly created Commonwealth Industrial Court and the arbitral functions were given to Commonwealth Conciliation and Arbitration Commission . The court was renamed the Australian Industrial Court in 1973. In 1977 the jurisdiction of the Australian Industrial Court was transferred to the Federal Court of Australia. In 1993 the industrial relations jurisdiction of the Federal Court of Australia
621-528: The power to interpret the Constitution . The jurisdiction of the Federal Court of Australia includes the jurisdiction previously exercised by three former federal courts, the Federal Court of Bankruptcy , Commonwealth Industrial Court and Industrial Relations Court of Australia . The Federal Court of Bankruptcy had jurisdiction in bankruptcy matters and was created in 1930. The jurisdiction in bankruptcy
648-411: The previous approach regarding trade practices in Australia. For the first time in Australian federal law, his Trade Practices Bill, which was passed on 6 August 1974, introduced offences related to monopolisation, exclusive dealing, price discrimination, resale price maintenance, restraints of trade by agreement, anti-competitive mergers, misleading advertising, coercive sales conduct, pyramid selling, and
675-504: The sale of unsolicited goods. Though the Act included substantial penalties, Murphy's initiative received very little opposition in the Parliament or the business community. The ACCC administers the Competition and Consumer Act, and has standing to take action in the Federal Court of Australia to enforce its provision. The Competition and Consumer Act contains a broad range of provisions, such as provisions on anti-competitive conduct,
702-459: The specialist regulators mentioned above General: Federal Court of Australia The Federal Court of Australia is an Australian superior court which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (more serious) criminal matters . Cases are heard at first instance mostly by single judges. In cases of importance,
729-511: Was transferred to the Federal Court of Australia on its establishment in 1977. The Commonwealth Industrial Court was established in 1956 as a result of the Boilermaker's case , where the High Court held that a Chapter III Court could not exercise a non-judicial power, the arbitral function, because of the constitutional separation of powers in Australia . The judicial functions were given to
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