Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 10.24

Exemptions from sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK, 45 and 47 in relation to certain negotiations

             (1)  Sections 44ZZRF, 44ZZRJ, 45 and 47 do not apply in relation to conduct engaged in by an ocean carrier, conference, shipper or designated shipper body so far as the conduct relates to the determination of terms and conditions of loyalty agreements.

             (2)  Sections 44ZZRF, 44ZZRG, 44ZZRJ, 44ZZRK, 45 and 47 do not apply in relation to conduct engaged in by an ocean carrier, conference, shipper or designated shipper body so far as the conduct relates to the obligations of an ocean carrier under any of the following provisions:

                     (a)  section 10.29 (parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement);

                     (b)  section 10.41 (parties to registered conference agreement to negotiate with certain designated shipper bodies etc.);

                     (c)  section 10.52 (non-conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.).

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



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