TRADE PRACTICES (INTERNATIONAL LINER CARGO SHIPPING) AMENDMENT ACT 1989
No. 34, 1989
TRADE PRACTICES (INTERNATIONAL LINER CARGO SHIPPING) AMENDMENT ACT 1989
No. 34, 1989 - TABLE OF PROVISIONS
TABLE OF PROVISIONSSection 1. Short title etc. 2. Commencement 3. Application of Act to Commonwealth and Commonwealth authorities 4. Repeal of Part X and substitution of new Part: PART X-INTERNATIONAL LINER CARGO SHIPPING Division 1-Preliminary 10.01. Objects of Part 10.02. Interpretation 10.03. Designated shipper bodies Division 2-Additional restrictive trade practice provisions applying to ocean carriers 10.04. Application of section 46 in relation to conference agreements 10.05. Discrimination between shippers prohibited Division 3-Minimum standards for conference agreements 10.06. Application of Australian law to conference agreements and withdrawal from agreements 10.07. Minimum levels of shipping services to be specified in conference agreements 10.08. Conference agreements may include only certain restrictive trade practice provisions 10.09. Where may consequences of conference agreements not complying with minimum standards be found? Division 4-Registers and files and public inspection of them 10.10. Registers and conference agreement files open to public inspection 10.11. What registers are to be kept by the Registrar? 10.12. What conference agreement files are to be kept by the Registrar? 10.13. What register is to be kept by the Commission? Division 5-Exemptions from certain restrictive trade practice prohibitions Subdivision A-Exemptions relating to conference agreements 10.14. Exemptions apply only to ''blue-water'' parts of service and activities outside Australia etc. 10.15. When do exemptions commence to apply in relation to registered conference agreements? 10.16. Exemptions do not apply to variations of conference agreement unless varying agreement registered 10.17. Exemptions from section 45 10.18. Exemption from section 47 Subdivision B-Exemptions relating to loyalty agreements 10.19. Exemptions from section 45 10.20. Exemption from sections 47 and 10.05 10.21. Exemptions cease to apply in relation to a shipper at the shipper's option Subdivision C-Exemption relating to inwards liner cargo shipping services 10.22. Exemption applies only to ''blue-water'' parts of service and activities outside Australia etc. 10.23. Exemption from sections 45 and 47 Subdivision D-Other exemptions 10.24. Exemptions from sections 45 and 47 in relation to certain negotiations Division 6-Registration of conference agreements Subdivision A-Provisional registration 10.25. Application for provisional registration of conference agreement 10.26. How application is to be made and verified 10.27. Copy of agreement to be filed with application etc. 10.28. Decision on application for provisional registration 10.29. Parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement Subdivision B-Final registration 10.30. Application for final registration of conference agreement 10.31. How application is to be made and verified 10.32. Copy of agreement to be filed with application etc. 10.33. Decision on application for final registration Subdivision C-Confidentiality requests 10.34. Request for confidentiality 10.35. Abstract to accompany request for confidentiality
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10.36. Examination of abstract 10.37. Decision on request for confidentiality 10.38. Application for registration to be returned where request for confidentiality refused etc. Subdivision D-Miscellaneous 10.39. Application also to be made for registration of varying conference agreements 10.40. Notification of happening of affecting events prior to final registration etc. Division 7-Obligations of ocean carriers in relation to registered conference agreements 10.41. Parties to registered conference agreement to negotiate with certain designated shipper bodies etc. 10.42. Application to be made for registration of varying conference agreements 10.43. Parties to registered conference agreement to notify happening of affecting events etc. Division 8-Powers of Minister in relation to registered conference agreements 10.44. Powers exercisable by Minister in relation to registered conference agreements etc. 10.45. Circumstances in which Minister may exercise powers in relation to registered conference agreements 10.46. Action to be taken where powers exercised by Minister without first obtaining Commission report 10.47. Investigation and report by Commission on reference by Minister 10.48. Investigation and report by Commission on application by affected person 10.49. Undertakings by parties to registered conference agreement Division 9-Obligations of non-conference ocean carriers with substantial market power 10.50. Inquiries by Tribunal into market power of ocean carriers 10.51. Determination by Minister of market power of ocean carriers 10.52. Non-conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc. 10.53. Non-conference ocean carrier with substantial market power not to hinder Australian flag shipping operators etc. Division 10-Powers of Minister in relation to non-conference ocean carriers with substantial market power 10.54. Powers exercisable by Minister in relation to obligations of non-conference ocean carriers with substantial market power 10.55. Circumstances in which Minister may exercise powers 10.56. Action to be taken where powers exercised by Minister without first 10.57. Investigation and report by Commission on reference by Minister 10.58. Investigation and report by Commission on application by affected person 10.59. Undertakings by ocean carrier 10.60. Enforcement of orders and undertakings Division 11-Unfair pricing practices 10.61. Powers exercisable by Minister in relation to pricing practices etc. 10.62. Circumstances in which Minister may exercise powers 10.63. Inquiry and report by Tribunal 10.64. Undertakings not to engage in pricing practices 10.65. Enforcement of orders and undertakings 10.66. Determination of normal freight rates for shipping services 10.67. Determination of whether practice contrary to national interest Division 12-Registration of ocean carrier agents 10.68. Ocean carrier who provides international liner