The Federal Court of Australia has the jurisdiction to determine private and public complaints made in regard to contraventions of the Act.

The immunity from the Act does not generally derive to third parties who deal with the government: see Australian Competition and Consumer Commission v Baxter Healthcare.

The National Competition Council and the ACCC are both involved in registering agreement and assessing what is fair (to owners, to public, to users).

The ACCC can litigate in the Federal Court of Australia, and seek pecuniary penalties of up to $10 million from corporations and $500,000 from individuals.

three codes made under this part: A unique feature of the Competition and Consumer Act, which does not exist in similar legislation overseas, is that the ACCC may grant exemptions.

The ACCC may grant immunity based on assessment of the public benefits and anti-competitive detriments of the conduct, through the 'notification' or 'authorisation' process.

In 2006 the Act was amended to include a new Division 3 to Part VIIA providing a process for formal clearance and authorisation of mergers.

For this reason, sections XIB and XIC of the Act exist to ensure that competitors (downstream users) have access to Telstra's networks.

If the conduct continues after the issue of the Competition Notice, the ACCC can seek an injunction and financial penalty through the Federal Court.

The inclusion of unconscionable conduct in the Australian Consumer Law is a codification and extension of the equitable principle of 'unconscionability' which was later clarified as a cause-of-action.

Under the Trade Practices Act implied conditions and warranties are mandatory: they cannot be excluded by a contractual intent to the contrary.

As a caveat, where the consumer guarantees are not that of title, undisturbed possession or undisclosed securities, they only apply if the goods or services in question are supplied in trade or commerce.

If goods or services fail to reach a basic level of quality (considering the price of the goods/services) – that is they are defective, break, or do not do what they should do – then the ACL has been breached.

The Review of the Competition Provisions of the Trade Practices Act (Dawson Report) was released in January 2003 and received 212 submissions.

The scope of the report was quite broad, with recommendations regarding mergers and acquisitions, exclusionary provisions, third line forcing, joint ventures, penalties and remedies, and the functions and powers of the ACCC.