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COMPETITION AND CONSUMER ACT 2010 - SECT 10.18A

Exemptions from section 47 for freight rate agreements

             (1)  Section 47 does not apply to conduct engaged in by a party to a freight rate agreement, so far as the conduct gives effect to freight rate charges in the freight rate agreement, if:

                     (a)  the freight rates (including base freight rates, surcharges, rebates and allowances) specified in the freight rate agreement are for outwards liner cargo shipping services provided under a single registered outwards conference agreement after the end of 30 days after the last-mentioned agreement is finally registered; and

                     (b)  the parties to the freight rate agreement are the same as the parties to the registered outwards conference agreement.

             (2)  Section 47 does not apply to conduct engaged in by a party to a freight rate agreement, so far as the conduct gives effect to freight rate charges in the freight rate agreement, if:

                     (a)  the freight rates (including base freight rates, surcharges, rebates and allowances) specified in the freight rate agreement are for inwards liner cargo shipping services provided under a single registered inwards conference agreement after whichever is the later of the following times:

                              (i)  the end of 30 days after the last-mentioned agreement is finally registered;

                             (ii)  the commencement of Part 2 of Schedule 1 to the Trade Practices Amendment (International Liner Cargo Shipping) Act 2000 ; and

                     (b)  the parties to the freight rate agreement are the same as the parties to the registered inwards conference agreement.

             (3)  The exemptions provided by subsections (1) and (2) do not apply in relation to subsections 47(6) and (7).



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