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COMPETITION AND CONSUMER ACT 2010 - SECT 10.52

Non-conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.

             (1)  A registered non-conference ocean carrier with substantial market power shall:

                     (a)  take part in negotiations with a relevant designated shipper body in relation to negotiable shipping arrangements whenever reasonably requested by the shipper body, and consider the matters raised, and representations made, by the shipper body;

                     (b)  if the shipper body requests the ocean carrier to make available for the purposes of the negotiations any information reasonably necessary for those purposes and itself makes available for those purposes any such information requested by the ocean carrier--make the information available to the shipper body; and

                     (c)  provide an authorised officer with such information as the officer requires relating to the negotiations, notify an authorised officer of meetings to be held in the course of the negotiations, permit an authorised officer to be present at the meetings, and consider suggestions made by an authorised officer.

             (2)  The ocean carrier shall give each relevant designated shipper body at least 30 days notice of any change in negotiable shipping arrangements unless the shipper body agrees to a lesser period of notice for the change.

             (3)  In this section:

"eligible Australian contract " means:

                     (a)  a contract entered into in Australia; or

                     (b)  a contract where questions arising under the contract are to be determined in accordance with Australian law.

"freight rates " includes base freight rates, surcharges, rebates and allowances.

"negotiable shipping arrangements " means:

                     (a)  the arrangements for, or the terms and conditions applicable to, outwards liner cargo shipping services provided, or proposed to be provided, by the ocean carrier on the relevant trade route (including, for example, freight rates, charges for inter-terminal transport services, frequency of sailings and ports of call); or

                     (b)  the arrangements for, or the terms and conditions applicable to, inwards liner cargo shipping services provided, or proposed to be provided, by the ocean carrier on the relevant trade route (including, for example, freight rates, charges for inter-terminal transport services, frequency of sailings and ports of call), where those arrangements or those terms and conditions, as the case may be, are embodied in an eligible Australian contract; or

                     (c)  the arrangements for, or the terms and conditions applicable to, the parts of the inwards liner cargo shipping services provided, or proposed to be provided, by the ocean carrier on the relevant trade route that consist of activities that take place on land in Australia (including, for example, terminal handling charges and charges for inter-terminal transport services).

"relevant designated shipper body " :

                     (a)  in relation to negotiations connected with outwards liner cargo shipping services--means:

                              (i)  a designated outwards peak shipper body; or

                             (ii)  a designated outwards secondary shipper body nominated by the Registrar (by written notice given to the ocean carrier) for the purposes of the relevant trade route; or

                     (b)  in relation to negotiations connected with inwards liner cargo shipping services--means:

                              (i)  a designated inwards peak shipper body; or

                             (ii)  a designated inwards secondary shipper body nominated by the Registrar (by written notice given to the ocean carrier) for the purposes of the relevant trade route.

"relevant trade route " means the trade route specified in relation to the ocean carrier in the register of non-conference ocean carriers with substantial market power.



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