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

Each regulated entity for a regulated sector must take reasonable steps to:

(a) disrupt an activity that is the subject of actionable scam intelligence; and

(b) prevent losses from such an activity.

The entity will also need to report to the SPF general regulator the outcomes of the entity’s investigation about whether such an activity is a scam. The report may also need to describe any disruptive actions the entity has taken in relation to the activity.

The entity is not liable for damages etc. in taking certain actions to disrupt such an activity.

The SPF code for the sector may include sector‑specific provisions for this principle.

Related sections

• s 58BT — Authorised third party data gateways, portals or websites for accessing reports
• s 58BU — Relationship with other duties and obligations
• s 58BV — SPF general regulator may share information relating to scamming actions with relevant entities
• s 58BX — Taking reasonable steps to disrupt activities that are the subjects of actionable scam intelligence—civil penalty provision
• s 58BY — Reporting about the outcomes of investigations of activities that are the subjects of actionable scam intelligence—civil penalty provision
• s 58BZ — Sector‑specific details can be set out in SPF codes

Research how courts apply s 58BW

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