Section 58BB — Competition and Consumer Act 2010 (Cth)

(1) Matters relevant to whether a regulated entity has taken reasonable steps for the purposes of a provision of this Division include:

(a) the size of the regulated entity; and

(b) the kind of regulated services concerned; and

(c) the consumer base of those services; and

(d) the kinds of scam risks those services face; and

(e) whether the regulated entity has complied with any relevant SPF code obligations relating to that provision.

(2) In determining whether a regulated entity has taken reasonable steps for the purposes of a provision of this Division, the primary consideration must be the matter in paragraph (1)(e) (if applicable).

Related sections

• s 58AJ — Extension to external Territories and outside of Australia
• s 58AK — Acts done by or in relation to agents etc. of regulated entities
• s 58BA — Simplified outline of this Division
• s 58BC — Simplified outline of this Subdivision
• s 58BD — Documenting and implementing governance policies and procedures—civil penalty provision
• s 58BE — Annual certification about SPF governance policies, procedures, metrics and targets—civil penalty provision

Research how courts apply s 58BB

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