Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 10.48

Investigation and report by Commission on own initiative or on application by affected person

             (1)  A person affected by the operation of a registered conference agreement may apply to the Commission for an investigation into the question whether grounds exist for the Minister to be satisfied in relation to the agreement of one or more specified matters referred to in paragraph 10.45(1)(a).

             (2)  If subsection (1) applies, the Commission may hold an investigation into the question, and, if it decides to do so, it shall inform the Minister of its decision and report to the Minister.

          (2A)  The Commission may, on its own initiative, hold an investigation into the question whether grounds exist for the Minister to be satisfied in relation to a registered conference agreement of either or both of the matters referred to in subparagraphs 10.45(1)(a)(viii) and (ix).

          (2B)  If subsection (2A) applies, the Commission must inform the Minister of its decision to hold an investigation and report to the Minister.

             (3)  In its investigation, the Commission shall give special consideration to such matters (if any) as the Minister requests it to give special consideration.

             (4)  A request under subsection (3) must be made in writing.

             (5)  Without limiting subsection (1), each of the following persons shall be taken to be a person affected by the operation of a registered conference agreement:

                     (a)  a party to the agreement;

                     (b)  a designated shipper body;

                     (c)  in the case of an outwards conference agreement--an Australian flag shipping operator;

                     (d)  a shipper who uses, or may reasonably be expected to need to use, outwards liner cargo shipping services or inwards liner cargo shipping services provided, or proposed to be provided, under the agreement;

                     (e)  an association representing shippers who use, or may reasonably be expected to need to use, such services.



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