COMPETITION AND CONSUMER ACT 2010 - SECT 10.03 Designated shipper bodies

COMPETITION AND CONSUMER ACT 2010 - SECT 10.03

  (1)   If the Minister is of the opinion that an association represents the interests, in relation to outwards liner cargo shipping services, of Australian shippers generally, the Minister may, by legislative instrument, declare that the association is a designated outwards peak shipper body for the purposes of this Part.

  (2)   If the Minister is of the opinion:

  (a)   that an association represents the interests, in relation to outwards liner cargo shipping services, of all or any of the following kinds of persons:

  (i)   Australian shippers in a particular trade;

  (ii)   Australian shippers of particular kinds of goods;

  (iii)   shippers in a particular part of Australia;

  (iv)   producers of goods of a kind exported, or proposed to be exported, from Australia; and

  (b)   that it is desirable that the association be a designated outwards secondary shipper body for the purposes of this Part;

the Minister may, by legislative instrument, declare that the association is a designated outwards secondary shipper body for the purposes of this Part.

  (2A)   If the Minister is of the opinion that an association represents the interests, in relation to inwards liner cargo shipping services, of Australian shippers generally, the Minister may, by legislative instrument, declare that the association is a designated inwards peak shipper body for the purposes of this Part.

  (2B)   If the Minister is of the opinion:

  (a)   that an association represents the interests, in relation to inwards liner cargo shipping services, of all or any of the following kinds of persons:

  (i)   Australian shippers in a particular trade;

  (ii)   Australian shippers of particular kinds of goods;

  (iii)   shippers in a particular part of Australia; and

  (b)   that it is desirable that the association be a designated inwards secondary shipper body for the purposes of this Part;

the Minister may, by legislative instrument, declare that the association is a designated inwards secondary shipper body for the purposes of this Part.

  (3)   Where the Minister declares that an association is a designated outwards peak shipper body, a designated inwards peak shipper body, a designated outwards secondary shipper body or a designated inwards secondary shipper body for the purposes of this Part, the Registrar shall enter particulars of the association in the register of designated shipper bodies.

  (4)   The particulars entered in the register shall include whether the association is a designated outwards peak shipper body, a designated inwards peak shipper body, a designated outwards secondary shipper body or a designated inwards secondary shipper body.

  (5)   The Minister may, by legislative instrument, make guidelines to be applied by the Registrar in the exercise of the Registrar's powers to nominate designated secondary shipper bodies for the purposes of sections   10.29, 10.41 and 10.52.

  (6)   The Registrar shall enter particulars of any nomination of a designated secondary shipper body for the purposes of section   10.29, 10.41 or 10.52 in the register of designated shipper bodies.