Trade Practices Act 1974 Act No. 51 of 1974 as amended This compilation was prepared on 14 July 2008 taking into account amendments up to Act No. 60 of 2008 Volume 2 includes: Table of Contents Sections 10.01 - 173 Schedule The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Contents Part X-International liner cargo shipping 1 Division 1-Preliminary 1 10.01 Objects of Part 1 10.01A Simplified outline 2 10.02 Interpretation 3 10.02A Inland terminals 10 10.03 Designated shipper bodies 11 Division 2-Additional restrictive trade practice provisions applying to ocean carriers 13 10.04 Application of section 46 in relation to conference agreements 13 Division 3-Minimum standards for conference agreements 14 10.06 Application of Australian law to outwards conference agreements and withdrawal from agreements 14 10.07 Minimum levels of shipping services to be specified in conference agreements 14 10.08 Conference agreements may include only certain restrictive trade practice provisions 14 10.09 Where may consequences of conference agreements not complying with minimum standards be found? 15 Division 4-Registers and files and public inspection of them 16 10.10 Registers and conference agreement files open to public inspection 16 10.11 What registers are to be kept by the Registrar? 16 10.12 What conference agreement files are to be kept by the Registrar? 16 10.13 What register is to be kept by the Commission? 17 Division 5-Exemptions from certain restrictive trade practice prohibitions 18 Subdivision A-Exemptions relating to conference agreements 18 10.14 Exemptions apply only to certain activities 18 10.15 When do exemptions commence to apply in relation to registered conference agreements? 18 10.16 Exemptions do not apply to variations of conference agreement unless varying agreement registered 19 10.17 Exemptions from section 45 19 10.17A Exemptions from section 45 for freight rate agreements 19 10.18 Exemption from section 47 21 10.18A Exemptions from section 47 for freight rate agreements 21 Subdivision B-Exemptions relating to loyalty agreements 22 10.19 Exemptions from section 45 22 10.20 Exemption from section 47 22 10.21 Exemptions cease to apply in relation to a shipper at the shipper's option 22 Subdivision D-Other exemptions 23 10.24 Exemptions from sections 45 and 47 in relation to certain negotiations 23 10.24A Exemptions from sections 45 and 47 in relation to stevedoring contracts 23 Division 6-Registration of conference agreements 25 Subdivision A-Provisional registration 25 10.25 Application for provisional registration of conference agreement 25 10.26 How application is to be made and verified 25 10.27 Copy of agreement to be filed with application etc. 25 10.27A Copy of conference agreement to be given to designated peak shipper body 26 10.28 Decision on application for provisional registration 27 10.29 Parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement 28 Subdivision B-Final registration 30 10.30 Application for final registration of conference agreement 30 10.31 How application is to be made and verified 30 10.32 Copy of agreement to be filed with application etc. 31 10.33 Decision on application for final registration 31 Subdivision C-Confidentiality requests 33 10.34 Request for confidentiality 33 10.35 Abstract to accompany request for confidentiality 33 10.36 Examination of abstract 33 10.37 Decision on request for confidentiality 34 10.38 Application for registration to be returned where request for confidentiality refused etc. 35 Subdivision D-Miscellaneous 35 10.39 Application also to be made for registration of varying conference agreements 35 10.40 Notification of happening of affecting events prior to final registration etc. 36 Division 7-Obligations of ocean carriers in relation to registered conference agreements 38 10.41 Parties to registered conference agreement to negotiate with certain designated shipper bodies etc. 38 10.42 Application to be made for registration of varying conference agreements 40 10.43 Parties to registered conference agreement to notify happening of affecting events etc. 40 Division 8-Powers of Minister in relation to registered conference agreements 42 10.44 Powers exercisable by Minister in relation to registered conference agreements etc. 42 10.45 Circumstances in which Minister may exercise powers in relation to registered conference agreements 43 10.46 Action to be taken where powers exercised by Minister without first obtaining Commission report 46 10.47 Investigation and report by Commission on reference by Minister 47 10.48 Investigation and report by Commission on own initiative or on application by affected person 48 10.49 Undertakings by parties to registered conference agreement 49 10.49A Enforcement of undertakings 50 Division 9-Obligations of non-conference ocean carriers with substantial market power 51 10.50 Investigations by Commission into market power of ocean carriers 51 10.51 Determination by Minister of market power of ocean carriers 51 10.52 Non-conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc. 52 10.53 Non-conference ocean carrier with substantial market power not to hinder Australian flag shipping operators etc. 54 Division 10-Powers of Minister in relation to non-conference ocean carriers with substantial market power 55 10.54 Powers exercisable by Minister in relation to obligations of non-conference ocean carriers with substantial market power 55 10.55 Circumstances in which Minister may exercise powers 55 10.56 Action to be taken where powers exercised by Minister without first obtaining Commission report 56 10.57 Investigation and report by Commission on reference by Minister 57 10.58 Investigation and report by Commission on application by affected person 57 10.59 Undertakings by ocean carrier 58 10.60 Enforcement of orders and undertakings 58 Division 11-Unfair pricing practices 60 10.61 Powers exercisable by Minister in relation to pricing practices etc. 60 10.62 Circumstances in which Minister may exercise powers 60 10.63 Investigation and report by Commission 61 10.64 Undertakings not to engage in pricing practices 61 10.65 Enforcement of orders and undertakings 62 10.66 Determination of normal freight rates for shipping services 62 10.67 Determination of whether practice contrary to national interest 63 Division 12-Registration of ocean carrier agents 64 10.68 Ocean carrier who provides international liner cargo shipping services to have registered agent 64 10.69 Representation of ocean carrier by registered agent 64 10.70 Application by ocean carrier for registration of agent 65 10.71 Registration of agent 65 10.72 Change of agent etc. 65 Division 12A-Exemption orders for inwards conference agreements etc. 67 10.72A Exemption orders for inwards conference agreements etc. 67 10.72B Criteria for making exemption order 67 10.72C Duration of exemption order may be limited 68 10.72D Conditions of exemption order 68 Division 13-General provisions relating to registers and conference agreement files 69 10.73 Form of registers and conference agreement files 69 10.74 Deletion of entries wrongly existing in certain registers 69 10.75 Deletion of obsolete entries in certain registers 69 10.76 Correction of clerical errors and other mistakes in certain registers etc. 69 Division 14-Administration 70 10.77 Registrar of Liner Shipping 70 10.78 Appointment of Registrar etc. 70 10.79 Acting Registrar 70 10.80 Registrar and staff to be public servants 70 10.81 Delegation by Minister 70 10.82 Delegation by Registrar 70 Division 14A-Review of decisions of Commission 71 10.82A Review by Tribunal 71 10.82B Functions and powers of Tribunal 71 10.82C Provisions that do not apply in relation to a Tribunal review 72 Division 14B-Review of decisions of Minister 73 10.82D Review by Tribunal 73 10.82E Functions and powers of Tribunal 74 10.82F Modifying register after Tribunal review 74 10.82G Provisions that do not apply in relation to a Tribunal review 75 Division 15-Miscellaneous 76 10.83 Act not to affect rights under Freedom of Information Act 76 10.84 Review of decisions of Registrar 76 10.85 Statement to accompany notices of Registrar 76 10.86 Evidence 77 10.87 Notification by Commission of references etc. 77 10.88 Exclusion of documents etc. from register of Commission investigations 77 10.89 Disclosure of confidential information 79 10.90 Fees 80 10.91 Application of Part XID and section 155 to investigations under Part 81 Part XIA-The Competition Code 82 150A Definitions 82 150B Objects of this Part 83 150C The Competition Code 83 150D Federal Court may exercise jurisdiction under application laws of Territories 84 150E Exercise of jurisdiction under cross-vesting provisions 84 150F Commonwealth consent to conferral of functions etc. on Commonwealth entities 84 150FA How duty is imposed 85 150FB When an application law imposes a duty 86 150G Application laws may operate concurrently with this Act 86 150H No doubling-up of liabilities 86 150I References in instruments to the Competition Code 86 150J Authorisations etc. under this Act may relate also to Competition Code 87 150K Gazettal of jurisdictions that excessively modify the Code 87 Part XIAA-The New Tax System Price Exploitation Code 88 150L Definitions 88 150M Object of this Part 89 150N The New Tax System Price Exploitation Code 89 150O Federal Court may exercise jurisdiction under application laws of Territories 89 150P Exercise of jurisdiction under cross-vesting provisions 90 150Q Application laws may confer functions on Commonwealth authorities and officers 90 150R Application laws may operate concurrently with this Act 90 150S No doubling-up of liabilities 90 150T References in instruments to the New Tax System Price Exploitation Code 90 Part XIB-The Telecommunications Industry: Anti-competitive conduct and record-keeping rules 92 Division 1-Introduction 92 151AA Simplified outline 92 151AB Definitions 93 151AC Extension to external Territories 95 151AD Continuity of partnerships 95 151AE Additional operation of Part 95 151AF Telecommunications market 96 151AG When a body corporate is related to a partnership 96 151AH Degree of power in a telecommunications market 96 151AI Interpretation of Part IV or VII not affected by this Part 98 Division 2-Anti-competitive conduct 99 151AJ Anti-competitive conduct 99 151AK The competition rule 101 Division 3-Competition notices and exemption orders 102 Subdivision A-Competition notices 102 151AKA Part A competition notices 102 151AL Part B competition notices 104 151AM Competition notice to be given to carrier or carriage service provider 104 151AN Evidentiary effect of competition notice 105 151AO Duration of Part A competition notice 105 151AOA Variation of competition notice 105 151AOB Revocation of competition notice 106 151AP Guidelines 106 151AQ Commission to act expeditiously 106 151AQA Stay of proceedings relating to competition notices 106 151AQB Advisory notices 107 151AR Register of competition notices 108 Subdivision B-Exemption orders 109 151AS Exemption orders 109 151AT Form of application 109 151AU Further information 110 151AV Withdrawal of application 110 151AW Commission must publicise receipt of applications 110 151AX Commission may refuse to consider application if it relates to the same conduct as an authorisation application 110 151AY Commission may refuse to consider application if it relates to the same conduct as a Part VII notification 111 151AZ Commission may convene conference to discuss application 111 151BA Commission must grant or reject application 112 151BB Commission to give opportunity for submissions 112 151BC Criteria for making exemption order 112 151BD Notification of decision 114 151BE Duration of exemption order may be limited 114 151BF Conditions of exemption order 114 151BG Revocation of exemption order 114 151BH Register of exemption orders 115 Subdivision C-Miscellaneous 116 151BJ Conduct includes proposed conduct 116 Division 4-Tariff filing 117 151BK Tariff filing directions 117 151BL Specification of goods and services 119 151BM Notification of reasons 119 151BN Duration of direction may be limited 119 151BO Revocation of direction 119 151BP Variation of direction 120 151BQ Public access to tariff information 120 151BR Register of tariff filing directions 121 151BT Meaning of terms and conditions 122 Division 5-Tariff filing by Telstra 123 151BTA Tariff filing by Telstra 123 Division 6-Record-keeping rules and disclosure directions 125 151BU Commission may make record-keeping rules 125 151BUAAMinister may give directions to Commission 126 151BUAAAMinister to give direction to Commission about Telstra's wholesale operations and retail operations 127 151BUABRequest for disclosure 128 151BUA Commission gives access to reports 129 151BUB Carrier or carriage service provider gives access to reports 131 151BUC Carrier or carriage service provider gives access to periodic reports 134 151BUD Exemption of reports from access requirements 137 151BUDACommission gives access to Ministerially-directed reports 138 151BUDBCarrier or carriage service provider gives access to Ministerially-directed reports 140 151BUDCCarrier or carriage service provider gives access to Ministerially-directed periodic reports 142 151BUE Access via the Internet 144 151BUF Self-incrimination 145 151BV Incorrect records 145 Division 7-Enforcement of the competition rule, tariff filing directions, record-keeping rules and disclosure directions 146 151BW Person involved in a contravention of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction 146 151BX Pecuniary penalties for breach of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction 146 151BY Civil action for recovery of pecuniary penalties 148 151BZ Criminal proceedings not to be brought for contraventions of the competition rule, tariff filing directions, record- keeping rules or disclosure directions 149 151CA Injunctions 149 151CB Orders to disclose information or publish an advertisement- breach of the competition rule 151 151CC Actions for damages-breach of the competition rule 152 151CD Finding of fact in proceedings to be evidence 152 151CE Other orders-compensation for breach of the competition rule 152 151CF Conduct by directors, employees or agents 154 Division 8-Disclosure of documents by Commission 155 151CG Disclosure of documents by Commission 155 Division 9-Treatment of partnerships 157 151CH Treatment of partnerships 157 Division 10-Review of decisions 158 151CI Review by Tribunal 158 151CJ Functions and powers of Tribunal 159 151CK Provisions that do not apply in relation to a Tribunal review 160 Division 11-Reviews of competitive safeguards within the telecommunications industry 161 151CL Reviews of competitive safeguards within the telecommunications industry 161 Division 12-Monitoring of telecommunications charges paid by consumers 162 151CM Monitoring of telecommunications charges paid by consumers 162 Division 12A-Reports about competition in the telecommunications industry 164 151CMAPublic reports about competition in the telecommunications industry 164 151CMB Confidential reports about competition in the telecommunications industry 165 151CMC Examples of matters that may be specified in a determination under section 151CMA or 151CMB 165 Division 13-Review of operation of this Part 167 151CN Review of operation of this Part 167 Division 14-Operational separation for Telstra 168 151CP Operational separation for Telstra 168 Part XIC-Telecommunications access regime 169 Division 1-Introduction 169 152AA Simplified outline 169 152AB Object of this Part 170 152AC Definitions 172 152AD This Part binds the Crown 174 152AE Extension to external Territories 175 152AF Access 175 152AG Access seeker 175 152AH Reasonableness-terms and conditions 175 152AJ Interpretation of Part IIIA not affected by this Part 176 152AK Operation of Parts IV and VII not affected by this Part 176 Division 2-Declared services 177 152AL Declared services 177 152ALA Duration of declaration 179 152AM Inquiries about proposals to declare services 181 152AN Combined inquiries about proposals to declare services 182 152AO Variation or revocation of declaration 182 152AQ Register of declared services 183 152AQA Pricing principles 183 152AQB Model terms and conditions relating to access to core services 185 152AQC Compensation for acquisition of property 187 Division 3-Standard access obligations 188 152AR Standard access obligations 188 152AS Ordinary class exemptions from standard access obligations 192 152ASA Anticipatory class exemptions from standard access obligations 193 152AT Ordinary individual exemptions from standard access obligations 194 152ATA Anticipatory individual exemptions from standard access obligations 197 152AU Individual exemptions-request for further information 200 152AV Review by Tribunal of exemption order decision 201 152AW Functions and powers of Tribunal 201 152AX Provisions that do not apply in relation to a Tribunal review 204 152AXA Statement of reasons for reviewable decision- specification of documents 205 152AY Compliance with standard access obligations 205 152AYA Ancillary obligations-confidential information 206 152AZ Carrier licence condition 206 152BA Service provider rule 207 152BB Judicial enforcement of standard access obligations 207 152BBAAJudicial enforcement of conditions and limitations of exemption determinations and orders 208 152BBA Commission may give directions in relation to negotiations 208 152BBB Enforcement of directions 210 152BBC Commission's role in negotiations 211 152BBD Reaching agreement on terms and conditions of access 212 Division 4-Telecommunications access code 213 152BJ Telecommunications access code 213 152BK Content of telecommunications access code 213 152BL Commission must invite public submissions on telecommunications access code 214 152BM Commission must consult the ACMA about code 214 152BN Copy of code to be given to the ACMA 214 152BR Register of telecommunications access codes 214 Division 5-Access undertakings 216 Subdivision A-Ordinary access undertakings 216 152BS What is an ordinary access undertaking? 216 152BT Further information about undertaking 217 152BU Commission to accept or reject access undertaking 218 152BV Acceptance of access undertaking-model terms and conditions in access code not adopted 219 152BW Acceptance of access undertaking-model terms and conditions in access code adopted 220 152BX Duration of access undertaking 220 152BY Variation of access undertakings 221 152BZ Further information about variation of access undertaking 223 152CA Voluntary withdrawal of undertaking 223 152CB Replacement of access undertaking 224 Subdivision B-Special access undertakings 224 152CBA What is a special access undertaking? 224 152CBB Further information about undertaking 226 152CBC Commission to accept or reject access undertaking 227 152CBD Criteria for accepting access undertaking 228 152CBE Extension of access undertaking 229 152CBF Duration of access undertaking 230 152CBG Variation of access undertakings 230 152CBH Further information about variation of access undertaking 232 152CBI Voluntary withdrawal of undertaking 233 152CBJ Proposed service 233 Subdivision C-General provisions 233 152CC Register of access undertakings 233 152CD Enforcement of access undertakings 234 152CDA Deferral of consideration of an access undertaking etc. 234 152CE Review by Tribunal 235 152CF Functions and powers of Tribunal 235 152CG Provisions that do not apply in relation to a Tribunal review 238 152CGA Statement of reasons for reviewable decision- specification of documents 238 152CGB Access undertakings prevail over inconsistent arbitral determinations 238 Division 6-Ministerial pricing determinations 239 152CH Ministerial pricing determinations 239 152CI Undertakings and codes that are inconsistent with Ministerial pricing determinations 240 152CJ Register of Ministerial pricing determinations 240 Division 7-Relationship between this Part and Part IIIA 241 152CK Relationship between this Part and Part IIIA 241 Division 8-Resolution of disputes about access 242 Subdivision A-Introduction 242 152CL Definitions 242 152CLA Resolution of access disputes 242 Subdivision B-Notification of access disputes 244 152CM Notification of access disputes 244 152CN Withdrawal of notifications 245 Subdivision C-Arbitration of access disputes 246 152CO Parties to the arbitration 246 152CP Determination by Commission 246 152CPA Interim determination by Commission 247 152CQ Restrictions on access determinations 250 152CR Matters that the Commission must take into account 252 152CRA Publication of determinations 253 152CS Commission may terminate arbitration in certain cases 254 152CT Commission may give directions in relation to negotiations 254 152CU Enforcement of directions 256 Subdivision D-Procedure in arbitrations 257 152CV Constitution of Commission for conduct of arbitration 257 152CW Member of the Commission presiding at an arbitration 257 152CWAExercise of procedural powers by Commission members 258 152CX Reconstitution of Commission 259 152CY Determination of questions 259 152CZ Hearing to be in private 260 152DA Right to representation 260 152DB Procedure of Commission 260 152DBA Using information from one arbitration in another arbitration 261 152DC Particular powers of Commission 262 152DD Power to take evidence on oath or affirmation 263 152DE Failing to attend as a witness 263 152DF Failing to answer questions etc. 264 152DG Giving false or misleading evidence 264 152DH Provision of false or misleading document 264 152DI Intimidation etc. 265 152DJ Disturbing an arbitration hearing etc. 265 152DK Party may request Commission to treat material as confidential 266 152DL Sections 18 and 19 do not apply to the Commission in an arbitration 267 152DM Parties to pay costs of an arbitration 267 152DMAJoint arbitration hearings 267 Subdivision E-Effect of determinations 268 152DN Operation of determinations 268 152DNA Backdating of final determinations 268 152DNB Stay of determinations 270 152DNC Continuity of final determination not affected by expiry of declaration relating to declared service 270 Subdivision G-Variation of determinations 271 152DT Variation of determinations 271 Subdivision H-Enforcement of determinations 271 152DU Enforcement of determinations 271 152DV Consent injunctions 272 152DW Interim injunctions 272 152DX Factors relevant to granting a restraining injunction 272 152DY Factors relevant to granting a mandatory injunction 273 152DZ Discharge or variation of injunction or other order 273 Subdivision I-Miscellaneous 273 152EA Register of determinations 273 152EAA Commission's powers under Division 6 of Part XIB not limited 274 152EB Compensation for acquisition of property 274 Division 9-Registered agreements for access to declared services 275 152EC Agreements to which this Division applies 275 152ED Registration of agreement 275 152EE Effect of registration of agreement 276 Division 10-Hindering the fulfilment of a standard access obligation etc. 277 152EF Prohibition on hindering the fulfilment of a standard access obligation etc. 277 152EG Enforcement of prohibition on hindering the fulfilment of a standard access obligation etc. 277 152EH Consent injunctions 278 152EI Interim injunctions 278 152EJ Factors relevant to granting a restraining injunction 278 152EK Factors relevant to granting a mandatory injunction 279 152EL Discharge or variation of injunction or other order 279 Division 10A-Procedural Rules 280 152ELA Procedural Rules 280 152ELB Public consultation 281 152ELC Plan for the development of Procedural Rules 281 Division 11-Miscellaneous 283 152EM Continuity of partnerships 283 152EN Treatment of partnerships 283 152EO Conduct by directors, servants or agents 283 152EP Regulations about fees for inspection etc. of registers 284 152EQ Operational separation for Telstra 284 Part XID-Search and seizure 285 Division 1-Preliminary 285 154 Simplified outline 285 154A Definitions 285 Division 2-Appointment of inspectors and identity cards 287 154B Appointment of inspectors 287 154C Identity cards 287 Division 3-Entry to premises with consent 289 154D Entry with consent 289 154E Powers in relation to premises 289 154F Operation of electronic equipment at premises 290 Division 4-Entry to premises under a search warrant 291 Subdivision A-Powers available under a search warrant 291 154G The things that are authorised by a search warrant 291 154H Operation of electronic equipment at premises 292 154J Securing electronic equipment for use by experts 293 Subdivision B-Availability of assistance and use of force in executing a search warrant 294 154K Authorisation of officers assisting 294 154L Availability of assistance and use of force in executing a search warrant 294 Subdivision C-Obligations of executing officer and officers assisting 294 154M Announcement before entry 294 154N Details of warrant to be given to occupier 295 Subdivision D-Occupier's rights and responsibilities 295 154P Occupier entitled to observe search being conducted 295 154Q Occupier to provide reasonable facilities and assistance 295 154R Answering of questions or producing evidential material 295 Subdivision E-General provisions relating to seizure 296 154S Copies of seized things to be provided 296 154T Receipts for things seized under warrant 296 154U Return of seized things 297 154V Magistrate may permit a thing to be retained 297 154W Disposal of things if there is no owner or owner cannot be located 298 Subdivision F-Search warrants 298 154X Issue of search warrants 298 154Y Search warrants by telephone, fax etc. 299 154Z Offences relating to warrants 301 Subdivision G-Powers of magistrates 302 154ZA Powers conferred on magistrates 302 Division 5-General provisions relating to electronic equipment 303 154ZB Operation of electronic equipment at premises 303 154ZC Compensation for damage to electronic equipment 303 Part XII-Miscellaneous 305 155 Power to obtain information, documents and evidence 305 155AAA Protection of certain information 308 155AA Protection of Part VB information 313 155A Power to obtain information and documents in New Zealand relating to trans-Tasman markets 314 155B Australian Competition and Consumer Commission may receive information and documents on behalf of New Zealand Commerce Commission 315 156 Inspection of documents by Commission 316 157 Disclosure of documents by Commission 317 157AA Disclosure of documents by Tribunal in relation to merger authorisations 318 157A Disclosure of information by Commission 319 158 Protection of members of Tribunal, counsel and witnesses 320 159 Incriminating answers 320 160 Failure of witness to attend 320 161 Refusal to be sworn or to answer questions 321 162 Contempt 321 162A Intimidation etc. 322 163 Prosecutions 323 163A Declarations and orders 323 165 Inspection of, furnishing of copies of, and evidence of, documents 325 166 Certificates as to furnishing of particulars to Commission 326 167 Judicial notice 326 170 Legal and financial assistance 327 171 Annual report by Commission 328 171A Charges by the Commission 329 171B Division 3 of Part IIIA and Division 8 of Part XIC do not confer judicial power on the Commission 330 172 Regulations 330 173 Authorisation for the purposes of subsection 51(1) 331 Schedule-The Schedule versions of Parts IV and VB 333 Part 1-Schedule version of Part IV 333 45 Contracts, arrangements or understandings that restrict dealings or affect competition 333 45A Contracts, arrangements or understandings in relation to prices 336 45B Covenants affecting competition 338 45C Covenants in relation to prices 341 45D Secondary boycotts for the purpose of causing substantial loss or damage 344 45DA Secondary boycotts for the purpose of causing substantial lessening of competition 344 45DC Involvement and liability of employee organisations 345 45DD Situations in which boycotts permitted 347 45E Prohibition of contracts, arrangements or understandings affecting the supply or acquisition of goods or services 349 45EA Provisions contravening section 45E not to be given effect 352 45EB Sections 45D to 45EA do not affect operation of other provisions of Part 353 46 Misuse of market power 353 47 Exclusive dealing 356 48 Resale price maintenance 362 49 Dual listed company arrangements that affect competition 363 50 Prohibition of acquisitions that would result in a substantial lessening of competition 364 51 Exceptions 366 Part 2-Schedule version of Part VB 370 75AT Definitions 370 75AU Price exploitation in relation to New Tax System changes 371 75AV Price exploitation-guidelines about when prices contravene section 75AU 372 75AW Commission may issue notice to person it considers has contravened section 75AU 372 75AX Commission may issue notice to aid prevention of price exploitation 373 75AY Commission may monitor prices 374 75AYA Prohibition on misrepresenting the effect of the New Tax System changes 375 75AZ Reporting 375 Part X-International liner cargo shipping Division 1-Preliminary 10.01 Objects of Part (1) The principal objects of this Part are: (a) to ensure that Australian exporters have continued access to outwards liner cargo shipping services of adequate frequency and reliability at freight rates that are internationally competitive; and (b) to promote conditions in the international liner cargo shipping industry that encourage stable access to export markets for exporters in all States and Territories; and (c) to ensure that efficient Australian flag shipping is not unreasonably hindered from normal commercial participation in any outwards liner cargo shipping trade; and (d) as far as practicable, to extend to Australian importers in each State and Territory the protection given by this Part to Australian exporters. (2) It is the intention of the Parliament that the principal objects of this Part should be achieved: (a) by permitting continued conference operations while enhancing the competitive environment for international liner cargo shipping services through the provision of adequate and appropriate safeguards against abuse of conference power, particularly by: (i) enacting additional restrictive trade practice provisions applying to ocean carriers; (ii) requiring conference agreements to meet certain minimum standards; (iii) making conference agreements generally publicly available; (iv) permitting only partial and conditional exemption from restrictive trade practice prohibitions; and (v) requiring conferences to take part in negotiations with representative shipper bodies; (b) through increased reliance on private commercial and legal processes and a reduced level of government regulation of routine commercial matters; and (c) by the exercise of jurisdiction, consistent with international law: (i) over ocean carriers who have a substantial connection with Australia because they provide international liner cargo shipping services; and (ii) to enable remedies for contravention of the provisions of this Part to be enforced within Australia. 10.01A Simplified outline The following is a simplified outline of this Part: . This Part sets up a system for regulating international liner cargo shipping services. . The main components of that system are as follows: (a) registration of conference agreements; (b) regulation of non-conference ocean carriers with substantial market power; (c) regulation of unfair pricing practices; (d) registration of agents of ocean carriers. . The parties to a conference agreement relating to international liner cargo shipping services may apply for the registration of the agreement. . If the conference agreement is registered, the parties will be given partial and conditional exemptions from section 45 (contracts etc. that restrict dealings or affect competition) and section 47 (exclusive dealing). . The parties to a registered conference agreement are required to negotiate with, and provide information to, representative shipper bodies. . The Commission may investigate whether grounds exist for the Minister to deregister a conference agreement. . The main ground for deregistration is a breach by the parties to the agreement of requirements imposed on them by this Part. 10.02 Interpretation (1) In this Part, unless the contrary intention appears: agreement means any contract, agreement, arrangement or understanding, whether made in or outside Australia. ancillary service, in relation to a scheduled cargo shipping service, means: (a) an inter-terminal transport service; or (b) a stevedoring service; or (c) a service provided outside Australia; that: (d) relates to the cargo transported, or to be transported, on the scheduled cargo shipping service; and (e) is provided by, or on behalf of, the provider of the scheduled cargo shipping service. association includes a body corporate. Australian exporter means a person who exports goods from Australia. Australian flag shipping operator means a person who: (a) is an Australian citizen or a body corporate incorporated by or under the law of the Commonwealth or of a State or Territory; (b) provides, or proposes to provide, shipping services; and (c) normally uses, or proposes normally to use, in providing the services only: (i) a ship that is registered in Australia; or (ii) 2 or more ships, all or most of which are registered in Australia. Australian importer means a person who imports goods into Australia. authorised officer means an officer of the Department who is authorised, in writing, by the Minister for the purposes of this Part. conference means an unincorporated association of 2 or more ocean carriers carrying on 2 or more businesses each of which includes, or is proposed to include, the provision of outwards liner cargo shipping services or inwards liner cargo shipping services. conference agreement means: (a) an outwards conference agreement; or (b) an inwards conference agreement. designated inwards peak shipper body means an association specified in a notice under subsection 10.03(2A). designated inwards secondary shipper body means an association specified in a notice under subsection 10.03(2B). designated inwards shipper body means: (a) a designated inwards peak shipper body; or (b) a designated inwards secondary shipper body. designated outwards peak shipper body means an association specified in a notice under subsection 10.03(1). designated outwards secondary shipper body means an association specified in a notice under subsection 10.03(2). designated outwards shipper body means: (a) a designated outwards peak shipper body; or (b) a designated outwards secondary shipper body. designated port area means the area within the limits of a port appointed under section 15 of the Customs Act 1901, being the limits fixed under that section. designated secondary shipper body means: (a) a designated outwards secondary shipper body; or (b) a designated inwards secondary shipper body. designated shipper body means: (a) a designated outwards shipper body; or (b) a designated inwards shipper body. exemption order means an order under section 10.72A. freight rate agreement means a conference agreement that consists of or includes freight rate charges. freight rate charges: (a) in relation to an outwards conference agreement-means those parts of the conference agreement that specify freight rates (including base freight rates, surcharges, rebates and allowances) for outwards liner cargo shipping services; and (b) in relation to an inwards conference agreement-means those parts of the conference agreement that specify freight rates (including base freight rates, surcharges, rebates and allowances) for inwards liner cargo shipping services. handling cargo includes a service that is related to handling of cargo. inland terminal has the meaning given by section 10.02A. international liner cargo shipping service means: (a) an outwards liner cargo shipping service; or (b) an inwards liner cargo shipping service. inter-terminal transport service means a service for the transport of various types of general cargo: (a) from an inland terminal to a port terminal; or (b) from a port terminal to an inland terminal; or (c) from a port terminal to another port terminal; and includes the handling of the cargo within any of those terminals. inwards conference agreement means an agreement between members of a conference in relation to inwards liner cargo shipping services provided, or proposed to be provided, by them, and includes an inwards varying conference agreement. inwards liner cargo shipping service means an inwards scheduled cargo shipping service and, if the inwards scheduled cargo shipping service is part of a terminal-to-terminal service, includes an ancillary service that relates to the inwards scheduled cargo shipping service. inwards loyalty agreement means an agreement: (a) between an ocean carrier or conference and a shipper or designated inwards shipper body; and (b) that makes provision, in relation to inwards liner cargo shipping services, having the purpose or effect of giving certain benefits to the shipper, or a shipper represented by the designated inwards shipper body, if the shipper ships with the ocean carrier, or members of the conference: (i) all or particular cargo, or a particular portion of all or particular cargo, shipped by the shipper; or (ii) a particular quantity of cargo or of particular cargo. inwards scheduled cargo shipping service means a scheduled cargo shipping service where the transport of the cargo by sea commences from a place outside Australia and ends at a place in Australia. inwards varying conference agreement means an agreement: (a) that varies an inwards conference agreement; or (b) that otherwise affects an inwards conference agreement (including an agreement referred to in subsection (4)). loyalty agreement means: (a) an outwards loyalty agreement; or (b) an inwards loyalty agreement. ocean carrier means a person who provides, or proposes to provide, international liner cargo shipping services. outwards conference agreement means an agreement between members of a conference in relation to outwards liner cargo shipping services provided, or proposed to be provided, by them, and includes an outwards varying conference agreement. outwards liner cargo shipping service means an outwards scheduled cargo shipping service and, if the outwards scheduled cargo shipping service is part of a terminal-to-terminal service, includes an ancillary service that relates to the outwards scheduled cargo shipping service. outwards loyalty agreement means an agreement: (a) between an ocean carrier or conference and a shipper or designated outwards shipper body; and (b) that makes provision, in relation to outwards liner cargo shipping services, having the purpose or effect of giving certain benefits to the shipper, or a shipper represented by the designated outwards shipper body, if the shipper ships with the ocean carrier, or members of the conference: (i) all or particular cargo, or a particular portion of all or particular cargo, shipped by the shipper; or (ii) a particular quantity of cargo or of particular cargo. outwards scheduled cargo shipping service means a scheduled cargo shipping service where the transport of the cargo by sea commences from a place in Australia and ends at a place outside Australia. outwards varying conference agreement means an agreement: (a) that varies an outwards conference agreement; or (b) that otherwise affects an outwards conference agreement (including an agreement referred to in subsection (3)). port terminal means: (a) the area within the limits of a wharf appointed under section 15 of the Customs Act 1901, being the limits fixed under that section; or (b) a terminal facility within the limits of a designated port area. pricing practice means the fixing, controlling or maintaining by an ocean carrier of prices charged for, or the giving or allowing by an ocean carrier of discounts, allowances, rebates or credits in relation to, outwards liner cargo shipping services or inwards liner cargo shipping services provided by the ocean carrier. provisionally registered conference agreement means a conference agreement that is provisionally registered under this Part. registered agent, in relation to an ocean carrier, means the person specified in the register of ocean carrier agents as the agent of the ocean carrier. registered conference agreement means a conference agreement that is finally registered under this Part. registered non-conference ocean carrier with substantial market power means an ocean carrier specified in the register of non- conference ocean carriers with substantial market power. Registrar means the Registrar of Liner Shipping. scheduled cargo shipping service means a scheduled service for the transport of various types of general cargo by sea on particular routes, generally by container and generally at predetermined freight rates. stevedoring service means: (a) the loading or unloading of cargo into or from a ship; or (b) the handling of cargo within a port terminal. terminal-to-terminal service means: (a) an outwards scheduled cargo shipping service, together with any ancillary service that relates to the outwards scheduled cargo shipping service; or (b) an inwards scheduled cargo shipping service, together with any ancillary service that relates to the inwards scheduled cargo shipping service. vary, in relation to a conference agreement, includes vary by way of: (a) omitting or altering any of the provisions of, or parties to, the agreement; (b) adding new provisions or parties to the agreement; or (c) substituting new provisions or parties for any of the provisions of, or parties to, the agreement. varying conference agreement means: (a) an outwards varying conference agreement; or (b) an inwards varying conference agreement. (2) A reference in this Part to the minimum level of outwards liner cargo shipping services provided, or proposed to be provided, under an outwards conference agreement includes a reference to the frequency of sailings, cargo carrying capacity, and ports of call, of outwards liner cargo shipping services provided, or proposed to be provided, under the agreement. (2A) A reference in this Part to the minimum level of inwards liner cargo shipping services provided, or proposed to be provided, under an inwards conference agreement includes a reference to the frequency of sailings, cargo carrying capacity, and ports of call, of inwards liner cargo shipping services provided, or proposed to be provided, under the agreement. (3) A reference in this Part to an agreement that affects an outwards conference agreement includes a reference to an agreement between parties to the conference agreement or between parties to the conference agreement and other ocean carriers: (a) that affects the conduct of parties to the conference agreement in relation to outwards liner cargo shipping services provided, or proposed to be provided, under the conference agreement; (b) that affects the minimum level of outwards liner cargo shipping services provided, or proposed to be provided, under the conference agreement; or (c) that otherwise affects: (i) the operation, or proposed operation, of the conference agreement; or (ii) outwards liner cargo shipping services provided, or proposed to be provided, under the conference agreement. (4) A reference in this Part to an agreement that affects an inwards conference agreement includes a reference to an agreement between parties to the conference agreement or between parties to the conference agreement and other ocean carriers: (a) that affects the conduct of parties to the conference agreement in relation to inwards liner cargo shipping services provided, or proposed to be provided, under the conference agreement; or (b) that affects the minimum level of inwards liner cargo shipping services provided, or proposed to be provided, under the conference agreement; or (c) that otherwise affects: (i) the operation, or proposed operation, of the conference agreement; or (ii) inwards liner cargo shipping services provided, or proposed to be provided, under the conference agreement. (5) For the purposes of this Part (except where the contrary intention appears), if: (a) an ancillary service relates to a scheduled cargo shipping service; and (b) the ancillary service is provided on behalf of the provider of the scheduled cargo shipping service by a third person; the ancillary service is taken to be provided by the provider of the scheduled cargo shipping service instead of by the third person. 10.02A Inland terminals (1) The Minister may, by legislative instrument, declare that a specified facility is an inland terminal for the purposes of this Part. (2) The facility must be in Australia, but outside a designated port area. (3) In making a declaration under subsection (1), the Minister must have regard to the following matters: (a) whether the facility is under the control of a person who is, or of persons each of whom is: (i) an ocean carrier; or (ii) a person who provides services at the facility at the request of an ocean carrier; (b) whether the facility is used for either or both of the following purposes: (i) assembling export cargoes for transport to a port terminal located at the port where the cargoes are to be loaded onto ships for export; (ii) delivering imported cargoes to importers or their representatives; (c) any other matters that the Minister thinks are relevant. (4) In making a declaration under subsection (1), the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State. (5) A declaration under subsection (1) has effect accordingly. 10.03 Designated shipper bodies (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. Division 2-Additional restrictive trade practice provisions applying to ocean carriers 10.04 Application of section 46 in relation to conference agreements (1) For the purposes of section 46, if the parties to a conference agreement together have a substantial degree of power in a market in which any party to the agreement provides international liner cargo shipping services under the agreement, each party to the conference agreement shall be taken to have a substantial degree of power in the market. (2) In subsection (1): conference agreement means an agreement between members of a conference in relation to international liner cargo shipping services provided, or proposed to be provided, by them, and includes an agreement that varies such an agreement. Division 3-Minimum standards for conference agreements 10.06 Application of Australian law to outwards conference agreements and withdrawal from agreements (1) An outwards conference agreement must expressly provide for a question arising under the agreement in relation to an outwards liner cargo shipping service provided, or proposed to be provided, under the agreement to be determined in Australia in accordance with Australian law unless the parties and the Minister agree, in writing, to the particular question being otherwise determined. (2) An outwards conference agreement must expressly permit any party to the agreement to withdraw from the agreement on reasonable notice without penalty. 10.07 Minimum levels of shipping services to be specified in conference agreements (1) An outwards conference agreement must contain provisions specifying the minimum level of outwards liner cargo shipping services to be provided under the agreement. (2) An inwards conference agreement must contain provisions specifying the minimum level of inwards liner cargo shipping services to be provided under the agreement. Note: See also paragraph 10.33(1)(b) and section 10.72A. 10.08 Conference agreements may include only certain restrictive trade practice provisions (1) If a conference agreement includes a provision: (a) that is an exclusionary provision; or (b) that has the purpose, or has or is likely to have the effect, of substantially lessening competition (within the meaning of section 45); the provision, so far as it is an exclusionary provision or has or is likely to have that effect, must either: (c) deal only with the following matters: (i) the fixing or other regulation of freight rates; (ii) the pooling or apportionment of earnings, losses or traffic; (iii) the restriction or other regulation of the quantity or kind of cargo to be carried by parties to the agreement; (iv) the restriction or other regulation of the entry of new parties to the agreement; or (d) be necessary for the effective operation of the agreement and of overall benefit to: (i) in the case of an outwards conference agreement-Australian exporters; or (ii) in the case of an inwards conference agreement-Australian importers. (2) If a conference agreement includes a provision that permits or requires the practice of exclusive dealing (within the meaning of section 47), the provision, so far as it permits or requires that practice, must be necessary for the effective operation of the agreement and of overall benefit to: (a) in the case of an outwards conference agreement-Australian exporters; or (b) in the case of an inwards conference agreement-Australian importers. Note: See also paragraph 10.33(1)(ba) and section 10.72A. (3) This section does not apply in relation to a provision of a conference agreement so far as the provision requires or permits a party to the agreement to enter into a loyalty agreement. 10.09 Where may consequences of conference agreements not complying with minimum standards be found? The consequences of a conference agreement not complying with this Division are to be found in the following provisions: (a) section 10.28 (decision on application for provisional registration); (b) section 10.33 (decision on application for final registration); (c) section 10.45 (circumstances in which Minister may exercise powers in relation to registered conference agreements). Division 4-Registers and files and public inspection of them 10.10 Registers and conference agreement files open to public inspection (1) The registers and conference agreement files kept by the Registrar and the Commission under this Part are open to public inspection. (2) A person is entitled, on application to the Registrar or the Commission, as the case requires, and payment of the prescribed fee, to obtain a copy of the whole or any part of: (a) an entry in a register kept under this Part; or (b) a conference agreement file kept under this Part. 10.11 What registers are to be kept by the Registrar? (1) The Registrar shall keep: (a) a register of conference agreements; and (b) a register of designated shipper bodies; and (c) a register of non-conference ocean carriers with substantial market power; and (d) a register of obligations concerning unfair pricing practices; and (e) a register of ocean carrier agents; and (f) a register of exemption orders. (2) An entry in a register must contain such particulars as are prescribed in relation to the register. 10.12 What conference agreement files are to be kept by the Registrar? (1) The Registrar shall keep a file, to be known as the conference agreement file, for each conference agreement (other than a varying conference agreement). (2) The conference agreement file for a conference agreement must include: (a) documents filed with the Registrar under Division 6 in relation to the agreement or any relevant varying conference agreement (other than any part of a document that is not open to public inspection); (b) abstracts accepted by the Registrar under section 10.36 in relation to such documents (being abstracts of those parts of the documents that are not open to public inspection); and (c) notifications given to the Registrar under subsection 10.40(1) or 10.43(1) in relation to the agreement or any relevant varying conference agreement. 10.13 What register is to be kept by the Commission? (1) The Commission shall keep a register of Commission investigations. (2) Subject to section 10.88, the register of Commission investigations shall contain: (a) references given to the Commission by the Minister under subsections 10.47(1), 10.50(1), 10.57(1) and 10.63(1); (b) particulars of decisions made by the Commission under subsections 10.48(2), 10.48(2A) and 10.58(2) to hold investigations; (c) requests made to the Commission by the Minister under subsections 10.48(3) and 10.58(3); (d) documents given to the Commission in relation to investigations by it under this Part; (e) particulars of oral submissions made to the Commission in relation to such investigations; and (f) reports given to the Minister by the Commission in relation to such investigations. Division 5-Exemptions from certain restrictive trade practice prohibitions Subdivision A-Exemptions relating to conference agreements 10.14 Exemptions apply only to certain activities (1) Subject to this section, the exemptions provided by this Subdivision apply only in relation to the following parts of an outwards liner cargo shipping service or an inwards liner cargo shipping service: (a) the parts of the service that consist of the transport of the cargo by sea; (b) stevedoring services; (c) activities that take place outside Australia. (2) The exemptions provided by this Subdivision extend to the fixing of charges for an inter-terminal transport service where the service is part of an outwards liner cargo shipping service or an inwards liner cargo shipping service. (3) The exemptions provided by this Subdivision extend to the determination of common terms and conditions for bills of lading for use in relation to an outwards liner cargo shipping service or an inwards liner cargo shipping service. (4) To avoid doubt, the exemptions provided by this Subdivision do not extend to any dealings between the parties to a conference agreement and a person who provides ancillary services on behalf of the provider of a scheduled cargo shipping service. 10.15 When do exemptions commence to apply in relation to registered conference agreements? (1) The exemptions provided by this Subdivision (other than sections 10.17A and 10.18A) apply in relation to the operation of a registered outwards conference agreement only after the end of 30 days after the conference agreement is finally registered. (2) The exemptions provided by this Subdivision (other than sections 10.17A and 10.18A) apply in relation to the operation of a registered inwards conference agreement only after whichever is the later of the following times: (a) the end of 30 days after the conference agreement is finally registered; (b) the commencement of Part 2 of Schedule 1 to the Trade Practices Amendment (International Liner Cargo Shipping) Act 2000. 10.16 Exemptions do not apply to variations of conference agreement unless varying agreement registered Where a registered conference agreement is varied or otherwise affected by a varying conference agreement (other than an agreement that consists solely of freight rate charges), the exemptions provided by this Subdivision (other than sections 10.17A and 10.18A) apply only in relation to the operation of the registered conference agreement itself, and not that agreement as varied or otherwise affected, unless the varying conference agreement has been finally registered. 10.17 Exemptions from section 45 (1) Section 45 does not apply in relation to the making of a contract or arrangement, or the arriving at an understanding, if: (a) the contract, arrangement or understanding is a conference agreement; and (b) the parties apply for its provisional registration under this Part within 30 days after the making of the contract or arrangement or arriving at the understanding. (2) Section 45 does not apply in relation to conduct engaged in by a party to a registered conference agreement so far as the conduct gives effect to a provision of the agreement in relation to an outwards liner cargo shipping service or an inwards liner cargo shipping service. 10.17A Exemptions from section 45 for freight rate agreements (1) Section 45 does not apply to the making of freight rate charges in a 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 45 does not apply to the making of freight rate charges in a 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) Section 45 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. (4) Section 45 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. 10.18 Exemption from section 47 (1) Section 47 does not apply in relation to conduct engaged in by a party to a registered conference agreement so far as the conduct gives effect to a provision of the agreement in relation to an outwards liner cargo shipping service or an inwards liner cargo shipping service. (2) The exemption provided by subsection (1) does not apply in relation to subsections 47(6) and (7). 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). Subdivision B-Exemptions relating to loyalty agreements 10.19 Exemptions from section 45 (1) Section 45 does not apply in relation to the making of a contract or arrangement, or the arriving at an understanding, if the contract, arrangement or understanding is a loyalty agreement. (2) Section 45 does not apply in relation to conduct engaged in by a party to a loyalty agreement so far as the conduct gives effect to a provision of the agreement in relation to an outwards liner cargo shipping service or an inwards liner cargo shipping service. 10.20 Exemption from section 47 (1) Section 47 does not apply in relation to conduct engaged in by a party to a loyalty agreement in relation to another party to the agreement so far as the conduct gives effect to a provision of the agreement in relation to an outwards liner cargo shipping service or an inwards liner cargo shipping service. (2) The exemption provided by subsection (1) does not apply in relation to subsections 47(6) and (7). 10.21 Exemptions cease to apply in relation to a shipper at the shipper's option The exemptions provided by this Subdivision in relation to the operation of a loyalty agreement cease to apply in relation to conduct engaged in by an ocean carrier in relation to a shipper if the shipper notifies, as prescribed, the Commission and each ocean carrier who is a party to the agreement that the shipper no longer wishes the exemptions to apply. Subdivision D-Other exemptions 10.24 Exemptions from sections 45 and 47 in relation to certain negotiations (1) Sections 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 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). 10.24A Exemptions from sections 45 and 47 in relation to stevedoring contracts (1) Section 45 does not apply in relation to the making of a stevedoring contract. Note: For stevedoring contract, see subsection (5). (2) Sections 45 and 47 do not apply in relation to conduct engaged in by a party to a stevedoring contract so far as the conduct gives effect to a provision of the contract. (3) Sections 45 and 47 do not apply in relation to conduct engaged in by an ocean carrier or a stevedoring operator so far as the conduct relates to the determination of terms and conditions of a stevedoring contract. Note: For stevedoring operator, see subsection (5). (3A) The exemptions provided by this section do not extend to any dealings between stevedoring operators. (4) The exemptions provided by this section do not apply in relation to subsections 47(6) and (7). (5) In this section: stevedoring contract means a contract between: (a) an ocean carrier; and (b) a stevedoring operator; under which the stevedoring operator provides, or arranges for the provision of, stevedoring services to the ocean carrier in connection with cargo transported on international liner cargo shipping services provided by the ocean carrier. stevedoring operator means a person who: (a) provides, or proposes to provide; or (b) arranges for the provision of, or proposes to arrange for the provision of; stevedoring services in connection with cargo transported on international liner cargo shipping services. Division 6-Registration of conference agreements Subdivision A-Provisional registration 10.25 Application for provisional registration of conference agreement (1) The parties to a conference agreement may apply for its provisional registration under this Part. (2) The application must comply with the following provisions: (a) subsections 10.26(1) and (2) (how application is to be made and verified); (b) section 10.27 (copy of agreement to be filed with application etc.). 10.26 How application is to be made and verified (1) An application for the provisional registration of a conference agreement must be: (a) in the appropriate prescribed form; (b) made to the Registrar in accordance with the regulations; and (c) accompanied by the appropriate prescribed fee. (2) The application must comply with any regulations requiring its verification (in whole or part) by or on behalf of the applicants. (3) The application may be made by a party to the agreement on behalf of the party and other parties to the agreement. 10.27 Copy of agreement to be filed with application etc. (1) Subject to subsections (1A) and (1B), an application for the provisional registration of a conference agreement must be accompanied by: (a) a complete copy of the agreement so far as it is in writing (including all provisions of the agreement so far as they are in writing); and (b) a written memorandum that fully sets out the agreement so far as it is not in writing (including all provisions of the agreement so far as they are not in writing); other than any parts of the agreement that relate to the minimum level of: (c) in the case of an outwards conference agreement-outwards liner cargo shipping services to be provided under the agreement or an outwards conference agreement that is varied or otherwise affected by the agreement; or (d) in the case of an inwards conference agreement-inwards liner cargo shipping services to be provided under the agreement or an inwards conference agreement that is varied or otherwise affected by the agreement. (1A) The copy of the agreement referred to in paragraph (1)(a) need not include the freight rate charges in the agreement. (1B) The written memorandum referred to in paragraph (1)(b) need not include the freight rate charges in the agreement. (2) A document that accompanies an application for the provisional registration of a conference agreement must comply with any regulations requiring its verification (in whole or part) by or on behalf of the applicants. 10.27A Copy of conference agreement to be given to designated peak shipper body (1) If: (a) the parties to an outwards conference agreement apply for its provisional registration; and (b) at the time of the application, there is a designated outwards peak shipper body; the parties must give the designated outwards peak shipper body a copy of: (c) the complete copy of the agreement referred to in paragraph 10.27(1)(a); and (d) the written memorandum referred to in paragraph 10.27(1)(b); as soon as practicable after the application is made. (2) If: (a) the parties to an inwards conference agreement apply for its provisional registration; and (b) at the time of the application, there is a designated inwards peak shipper body; the parties must give the designated inwards peak shipper body a copy of: (c) the complete copy of the agreement referred to in paragraph 10.27(1)(a); and (d) the written memorandum referred to in paragraph 10.27(1)(b); as soon as practicable after the application is made. 10.28 Decision on application for provisional registration (1) If the Registrar is satisfied: (a) that an application has properly been made for the provisional registration of a conference agreement; and (aa) in the case of an outwards conference agreement-that subsection 10.27A(1) has been complied with, or does not apply to the agreement; and (ab) in the case of an inwards conference agreement-that subsection 10.27A(2) has been complied with, or does not apply to the agreement; and (b) in the case of an outwards conference agreement-that the agreement complies with section 10.06 (application of Australian law to outwards conference agreements and withdrawal from agreements) or, if the agreement varies or otherwise affects another conference agreement, that the other conference agreement as varied or affected complies with that section; and (ba) in the case of an inwards conference agreement that was in force at the commencement of this paragraph-that there are no circumstances that, under the regulations, are taken to be special circumstances for the purposes of this paragraph; and (c) that provisional registration of the agreement is not prevented by one or more of the following provisions: (i) section 10.38 (application for registration to be returned where request for confidentiality refused etc.); (ii) section 10.39 (application also to be made for registration of varying agreements); (iii) subsection 10.40(1) (notification of happening of affecting events prior to final registration etc.); the Registrar shall, within 14 days after the making of the application, provisionally register the agreement by entering in the register of conference agreements: (d) particulars of the agreement; and (e) a notation to the effect that the agreement has been provisionally registered. (2) If the Registrar is not so satisfied, the Registrar shall, within that 14 day period, refuse to provisionally register the agreement. (3) When the Registrar provisionally registers the agreement or refuses to provisionally register the agreement, the Registrar shall immediately notify the applicants. (4) If the Registrar provisionally registers the agreement, the Registrar must give the Commission a copy of: (a) the complete copy of the agreement referred to in paragraph 10.27(1)(a); and (b) the written memorandum referred to in paragraph 10.27(1)(b). 10.29 Parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement (1) The parties to a provisionally registered outwards conference agreement shall: (a) take part in negotiations with the designated outwards peak shipper bodies or, if there is not at that time a designated outwards peak shipper body, the designated outwards secondary shipper bodies nominated by the Registrar for the purposes of the agreement for the purposes of this section, in relation to the minimum level of outwards liner cargo shipping services to be provided under the agreement (including any provisions of the agreement that affect the level of those services) and consider the matters raised, and representations made, by the shipper bodies; (b) if a shipper body requests the parties 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 parties- 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. (1A) The parties to a provisionally registered inwards conference agreement must: (a) take part in negotiations with: (i) the designated inwards peak shipper bodies; or (ii) if there is not at that time a designated inwards peak shipper body-the designated inwards secondary shipper bodies nominated by the Registrar for the purposes of the agreement for the purposes of this section; in relation to the minimum level of inwards liner cargo shipping services to be provided under the agreement (including any provisions of the agreement that affect the level of those services) and consider the matters raised, and representations made, by the shipper bodies; and (b) if a shipper body requests the parties 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 parties- 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. (1B) Subsections (1) and (1A) do not apply in relation to a conference agreement unless, within 14 days after the provisional registration of the agreement, the shipper bodies notify, as prescribed, the Registrar and the parties to the agreement that they wish to have negotiations in relation to the agreement. (2) Subsections (1) and (1A) do not apply in relation to a conference agreement if the shipper bodies notify, as prescribed, the Registrar and the parties to the agreement that they do not wish to have negotiations in relation to the agreement. (3) The nomination of a designated secondary shipper body for the purposes of a provisionally registered conference agreement must be made by written notice given to the parties to the agreement. Subdivision B-Final registration 10.30 Application for final registration of conference agreement (1) The parties to a provisionally registered conference agreement may apply for its final registration under this Part. (2) The application must comply with the following provisions: (a) subsections 10.31(1) and (2) (how application is to be made and verified); (b) section 10.32 (copy of agreement to be filed with application etc.). 10.31 How application is to be made and verified (1) An application for the final registration of a conference agreement must be: (a) in the appropriate prescribed form; (b) made to the Registrar in accordance with the regulations; and (c) accompanied by the appropriate prescribed fee. (2) The application must comply with any regulations requiring its verification (in whole or part) by or on behalf of the applicants. (3) The application may be made by a party to the agreement on behalf of the party and other parties to the agreement. 10.32 Copy of agreement to be filed with application etc. (1) Subject to subsections (1A) and (1B), an application for the final registration of a conference agreement must be accompanied by: (a) a complete copy of the agreement so far as it is in writing (including all provisions of the agreement so far as they are in writing); and (b) a written memorandum that fully sets out the agreement so far as it is not in writing (including all provisions of the agreement so far as they are not in writing). (1A) The copy of the agreement referred to in paragraph (1)(a) need not include the freight rate charges in the agreement. (1B) The written memorandum referred to in paragraph (1)(b) need not include the freight rate charges in the agreement. (2) A document that accompanies an application for the final registration of a conference agreement must comply with any regulations requiring its verification (in whole or part) by or on behalf of the applicants. 10.33 Decision on application for final registration (1) If the Registrar is satisfied: (a) that an application has properly been made for the final registration of a conference agreement; and (b) any of the following subparagraphs applies: (i) that the agreement complies with section 10.07 (minimum levels of shipping services to be specified in conference agreements) or, if the agreement varies or otherwise affects another conference agreement, that the other conference agreement as varied or affected complies with section 10.07; (ii) that section 10.07 does not apply in relation to the agreement because of an exemption order; (iii) that the agreement is an inwards conference agreement that was in force at the commencement of this subparagraph; and (ba) any of the following subparagraphs applies: (i) that the agreement complies with section 10.08 (conference agreements may include only certain restrictive trade practice provisions) or, if the agreement varies or otherwise affects another conference agreement, that the other conference agreement as varied or affected complies with section 10.08; (ii) that section 10.08 does not apply in relation to the agreement because of an exemption order; (iii) that the agreement is an inwards conference agreement that was in force at the commencement of this subparagraph; and (c) in the case of an outwards conference agreement-that subsection 10.29(1) (parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement) has been complied with, or does not apply, in relation to the agreement; and (ca) in the case of an inwards conference agreement-that subsection 10.29(1A) (parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement) has been complied with, or does not apply, in relation to the agreement; and (d) that final registration of the agreement is not prevented by one or more of the following provisions: (i) section 10.38 (application for registration to be returned where request for confidentiality refused etc.); (ii) section 10.39 (application also to be made for registration of varying conference agreements); (iii) subsection 10.40(1) (notification of happening of affecting events prior to final registration etc.); the Registrar shall, within 14 days after the making of the application, finally register the agreement by entering in the register of conference agreements a notation to the effect that the agreement has been finally registered. (2) If the Registrar is not so satisfied, the Registrar shall, within that 14 day period, refuse to finally register the agreement. (3) When the Registrar finally registers the agreement or refuses to finally register the agreement, the Registrar shall immediately notify the applicants. (4) If the Registrar finally registers the agreement, the Registrar must give the Commission a copy of: (a) the complete copy of the agreement referred to in paragraph 10.32(1)(a); and (b) the written memorandum referred to in paragraph 10.32(1)(b). Subdivision C-Confidentiality requests 10.34 Request for confidentiality (1) An application for the provisional or final registration of a conference agreement may include a request that a specified part of the application, or of a document accompanying the application, not be open to public inspection under this Part. (2) If such a request is included in the application, the application must include a statement of reasons in support of the request. 10.35 Abstract to accompany request for confidentiality (1) Where a request is made under section 10.34 that a part of the application in which the request is included, or of a document accompanying the application, not be open to public inspection under this Part, the application must be accompanied by an abstract of the part of the application or other document in relation to which the request is made. (2) The abstract must: (a) be in the appropriate prescribed form; and (b) comply with any regulations requiring its verification (in whole or part) by or on behalf of the applicants. 10.36 Examination of abstract (1) Where: (a) a request is properly made under section 10.34 that a part of a document not be open to public inspection under this Part; and (b) the request is accompanied by an abstract of the part of the document; the Registrar shall first determine whether to accept the abstract. (2) If the Registrar is satisfied: (a) that the abstract adequately describes the scope of the part of the document; and (b) that the abstract complies with subsection 10.35(2); the Registrar shall accept the abstract. (3) If the Registrar is not so satisfied, the Registrar shall: (a) refuse to accept the abstract; and (b) refuse the request and immediately notify the applicants of the decision. 10.37 Decision on request for confidentiality (1) If: (a) the Registrar is satisfied that a request has properly been made under section 10.34 that a part of a document not be open to public inspection under this Part; (b) the Registrar has, under section 10.36, accepted an abstract for the part of the document; and (c) the Registrar is also satisfied, on the basis of the statement of reasons in support of the request that is included in the application for provisional or final registration of the conference agreement concerned: (i) in the case of an outwards conference agreement-that granting the request would not disadvantage Australian exporters; and (ia) in the case of an inwards conference agreement-that granting the request would not disadvantage Australian importers; and (ii) that the request is justified because disclosure of the part of the document would disclose: (A) trade secrets; (B) information (other than trade secrets) having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or (C) any other information concerning a person in relation to the person's business or professional affairs, or concerning the business, commercial or financial affairs of an organisation or undertaking, the disclosure of which would, or could reasonably be expected to, unreasonably affect the person adversely in relation to the person's lawful business or professional affairs or the organisation or undertaking in relation to its lawful business, commercial or financial affairs; the Registrar shall, within 14 days after the making of the request, direct that the part of the document not be open to public inspection under this Part. (2) If the Registrar is not so satisfied, the Registrar shall, within that 14 day period, refuse the request and immediately notify the applicants of the decision. 10.38 Application for registration to be returned where request for confidentiality refused etc. Where: (a) an application for the provisional or final registration of a conference agreement includes a request under section 10.34 that a part of a document not be open to public inspection under this Part; and (b) the request is refused by the Registrar; the Registrar shall also refuse the application, and shall return the application, and any documents that accompanied the application, to the applicants. Subdivision D-Miscellaneous 10.39 Application also to be made for registration of varying conference agreements (1) Subject to subsection (2), if: (a) application has been made for the provisional or final registration of a conference agreement (in this section called the original agreement), but the original agreement has not been finally registered; and (b) another conference agreement that varies or otherwise affects the original agreement is or has been made or arrived at; the Registrar shall not provisionally or finally register the original agreement unless application has been made for the provisional registration of the other conference agreement. (2) Subsection (1) does not apply if the conference agreement referred to in paragraph (1)(b) consists solely of freight rate charges. 10.40 Notification of happening of affecting events prior to final registration etc. (1) If: (a) application has been made for the provisional or final registration of a conference agreement, but the agreement has not been finally registered; and (b) either of the following subparagraphs applies: (i) the proposed operation of the conference agreement is affected, or outwards liner cargo shipping services or inwards liner cargo shipping services proposed to be provided under the agreement are affected, by the happening of an event or otherwise than by a varying conference agreement; (ii) parties to the conference agreement have made or arrived at an agreement with other ocean carriers that affects outwards liner cargo shipping services or inwards liner cargo shipping services provided, or that would, but for the agreement, have been provided, by the other ocean carriers; the Registrar shall not provisionally or finally register the original agreement unless the parties to the agreement have notified the Registrar of the matter. (2) The notice must be: (a) in the appropriate prescribed form; and (b) given to the Registrar in accordance with the regulations. (3) The notice must comply with any regulations requiring its verification (in whole or part). (4) Where the parties to a conference agreement give a notice under subsection (1), the Registrar may make such variations (if any) to the particulars entered in the register of conference agreements in relation to the agreement as the Registrar considers necessary or desirable to take account of the notice. Division 7-Obligations of ocean carriers in relation to registered conference agreements 10.41 Parties to registered conference agreement to negotiate with certain designated shipper bodies etc. (1) The parties to a registered conference agreement shall: (a) take part in negotiations with a relevant designated shipper body in relation to negotiable shipping arrangements (including any provisions of the agreement that affect those 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 parties 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 parties- 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 parties to the agreement 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: (a) in relation to an outwards conference agreement-means the arrangements for, or the terms and conditions applicable to, outwards liner cargo shipping services provided, or proposed to be provided, under the conference agreement (including, for example, freight rates, charges for inter-terminal transport services, frequency of sailings and ports of call); or (b) in relation to an inwards conference agreement-means: (i) the arrangements for, or the terms and conditions applicable to, inwards liner cargo shipping services provided, or proposed to be provided, under the conference agreement (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 (ii) 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, under the conference agreement 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 an outwards conference agreement-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 parties to the agreement) for the purposes of the agreement for the purposes of this section; or (b) in relation to an inwards conference agreement-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 parties to the agreement) for the purposes of the agreement for the purposes of this section. 10.42 Application to be made for registration of varying conference agreements (1) Subject to subsection (3), where a conference agreement that varies or otherwise affects a registered conference agreement is made or arrived at, application shall be made for its provisional registration. (2) The application must be made within 30 days after the making of or arriving at the agreement. (3) Subsection (1) does not apply to a conference agreement that consists solely of freight rate charges. 10.43 Parties to registered conference agreement to notify happening of affecting events etc. (1) Where: (a) the operation, or proposed operation, of a registered conference agreement is affected, or outwards liner cargo shipping services or inwards liner cargo shipping services provided, or proposed to be provided, under the agreement are affected, by the happening of an event or otherwise than by a varying conference agreement; or (b) parties to a registered conference agreement make or arrive at an agreement with other ocean carriers that affects outwards liner cargo shipping services or inwards liner cargo shipping services provided, or that would, but for the agreement, have been provided, by the other ocean carriers; the parties to the registered conference agreement shall notify the Registrar of the matter. (2) The notice must be: (a) in the appropriate prescribed form; and (b) given to the Registrar in accordance with the regulations within 30 days after the operation, or proposed operation, of the agreement is affected, the services are affected or the agreement is made or arrived at, as the case may be. (3) The notice must comply with any regulations requiring its verification (in whole or part). (4) Where the parties to a registered conference agreement give a notice under subsection (1), the Registrar may make such variations (if any) to the particulars entered in the register of conference agreements in relation to the agreement as the Registrar considers necessary or desirable to take account of the notice. Division 8-Powers of Minister in relation to registered conference agreements 10.44 Powers exercisable by Minister in relation to registered conference agreements etc. (1) Subject to sections 10.45 and 10.46, the Minister may direct the Registrar: (a) to cancel the registration of a registered conference agreement; or (b) to cancel the registration of a registered conference agreement so far as it relates to: (i) a particular provision of the agreement; (ii) a particular party to the agreement; or (iii) particular conduct. (2) Where the Minister gives a direction under subsection (1), the Registrar shall immediately enter particulars of the direction in the register of conference agreements. (3) On the entry in the register of conference agreements of particulars of a direction to cancel the registration of a registered conference agreement, the exemptions provided by Subdivision A of Division 5 cease to apply in relation to the agreement. (4) On the entry in the register of conference agreements of particulars of a direction to cancel the registration of a registered conference agreement so far as it relates to a particular provision of the agreement, the exemptions provided by Subdivision A of Division 5 cease to apply in relation to the provision. (5) On the entry in the register of conference agreements of particulars of a direction to cancel the registration of a registered conference agreement so far as it relates to a particular party to the agreement, the exemptions provided by Subdivision A of Division 5 cease to apply in relation to the party. (6) On the entry in the register of conference agreements of particulars of a direction to cancel the registration of a registered conference agreement so far as it relates to particular conduct, the exemptions provided by Subdivision A of Division 5 cease to apply in relation to conduct of that kind in relation to the agreement. (7) A direction under subsection (1) must be given in writing, and the Registrar shall serve a copy of the direction on the parties to the conference agreement concerned. (8) If: (a) the Commission reports to the Minister under section 10.47 or 10.48 in relation to either or both of the matters referred to in subparagraphs 10.45(1)(a)(viii) and (ix); and (b) after taking the report into account, the Minister is satisfied of either or both of those matters and decides to give a direction under subsection (1); the Minister must: (c) prepare a statement about the decision; and (d) cause: (i) a copy of the statement; and (ii) a copy of the Commission's report; to be laid before each House of the Parliament within 15 sittings days of that House after the decision was made. 10.45 Circumstances in which Minister may exercise powers in relation to registered conference agreements (1) The Minister shall not give a direction under subsection 10.44(1) in relation to a registered conference agreement unless: (a) the Minister is satisfied of one or more of the following matters: (i) in the case of an outwards conference agreement-that the agreement does not comply with section 10.06 (application of Australian law to outwards conference agreements and withdrawal from agreements); (ia) that section 10.07 (minimum levels of shipping services to be specified in conference agreements) applies to the agreement, and that the agreement does not comply with that section; (ib) that section 10.08 (conference agreements may include only certain restrictive trade practice provisions) applies to the agreement, and that the agreement does not comply with that section; (ii) that section 10.41 (parties to registered conference agreement to negotiate with certain designated shipper bodies etc.) applies to the parties to the agreement, and that the parties have contravened, or propose to contravene, that section; (iia) that parties to the agreement have contravened, or propose to contravene, subsection 10.43(1) (parties to registered conference agreement to notify happening of affecting events etc.); (iii) that section 10.42 (application to be made for registration of varying conference agreements) has not been complied with in relation to a conference agreement that varies or otherwise affects the agreement; (iv) that parties to the agreement have given effect to or applied, or propose to give effect to or apply, the agreement without due regard to the need for outwards liner cargo shipping services or inwards liner cargo shipping services provided under the agreement to be: (A) efficient and economical; and (B) provided at the capacity and frequency reasonably required to meet the needs of shippers who use, and shippers who may reasonably be expected to need to use, the services; (v) in the case of an outwards conference agreement-that parties to the agreement have given effect to or applied, or propose to give effect to or apply, the agreement in a manner that prevents or hinders an Australian flag shipping operator from engaging efficiently in the provision of outwards liner cargo shipping services to an extent that is reasonable; (vi) that provisional or final registration of the agreement was granted on the basis of a statement or information that was false or misleading in a material particular; (vii) that parties to the agreement have breached an undertaking given by the parties to the agreement under section 10.49; (viii) that subsection (3) applies to parties to the agreement; (ix) that subsection (4) applies to parties to the agreement; and (aa) if the Minister is satisfied of either or both of the matters referred to in subparagraphs (1)(a)(viii) and (ix)-at least 21 days before giving the direction, the Minister served on each party to the agreement a written notice of his or her intention to give the direction; and (b) the Minister has carried on or attempted to carry on, either personally or through authorised officers, consultations with the parties to the agreement directed at obtaining an undertaking or action by the parties that would have made a direction under subsection 10.44(1) unnecessary; and (c) either of the following subparagraphs applies: (i) the Commission has reported to the Minister under section 10.47 or 10.48 in relation to matters referred to in paragraph (a) of which the Minister is satisfied and the Minister has taken the report into account; (ii) the Minister is satisfied that the special circumstances of the case make it desirable to give the direction before he or she receives such a report from the Commission. (2) For the purposes of subparagraph (1)(a)(v), in determining what is reasonable, have regard to: (a) the national interest; and (b) the interests of the following: (i) Australian shippers generally; (ii) Australian shippers in a particular trade; (iii) Australian shippers of particular kinds of goods; (iv) shippers in a particular part of Australia; and (c) any other relevant matters. (3) This subsection applies to the parties to a registered conference agreement if: (a) the agreement includes a provision that has the purpose, or has or is likely to have the effect, of substantially lessening competition (within the meaning of section 45); and (b) the parties to the agreement have engaged in conduct, or propose to engage in conduct, to give effect to or apply the provision; and (c) that conduct or proposed conduct has not resulted in, or is unlikely to result in, a benefit to the public that outweighs the detriment to the public constituted by any lessening of competition that: (i) has resulted, or is likely to result, from the conduct; or (ii) would result, or be likely to result, if the proposed conduct were engaged in; and (d) there are exceptional circumstances that warrant the giving of a direction under subsection 10.44(1). (4) This subsection applies to the parties to a registered conference agreement if: (a) the parties to the agreement have prevented, or are proposing to prevent, the entry of a prospective party to the agreement; and (b) the prevention or proposed prevention is unreasonable; and (c) the prevention or proposed prevention is contrary to the interests of any or all of the following: (i) Australian shippers generally; (ii) Australian shippers in a particular trade; (iii) Australian shippers of particular kinds of goods; (iv) shippers in a particular part of Australia; (v) in the case of an outwards conference agreement-producers of goods of a kind exported, or proposed to be exported, from Australia. 10.46 Action to be taken where powers exercised by Minister without first obtaining Commission report (1) Where the Minister gives a direction under subsection 10.44(1) before receiving a report under section 10.47 or 10.48 in relation to matters referred to in paragraph 10.45(1)(a) of which the Minister was satisfied before giving the direction, the Minister shall immediately refer the matters to the Commission under section 10.47. (2) The Commission shall report to the Minister within a period of not more than 60 days in relation to those matters and any other matters that the Commission is then investigating under this Division in relation to the conference agreement concerned. (3) If, after taking the Commission's report into account, the Minister is satisfied of one or more of the matters referred to in paragraph 10.45(1)(a), the Minister may, within 21 days after receiving the Commission's report, direct the Registrar not to take action under subsection (4) in relation to the agreement, and may also give such further directions under subsection 10.44(1) in relation to the agreement as the Minister considers appropriate. (4) The Registrar shall delete the particulars of the direction under subsection 10.44(1) from the register of conference agreements at the end of 21 days after the Minister receives the Commission's report unless the Minister has given a direction under subsection (3) in relation to the agreement. (5) On the deletion of the particulars of the direction, Subdivision A of Division 5 applies in relation to the agreement to the extent to which it would have applied but for the entry of the particulars. (6) Subsection (1) shall not be taken by implication to limit the matters that may be referred to the Commission under section 10.47. (7) A direction under subsection (3) must be given in writing, and the Registrar must serve a copy of the direction on the parties to the conference agreement concerned. (8) If, after taking the Commission's report into account: (a) the Minister is satisfied of either or both of the matters referred to in subparagraphs 10.45(1)(a)(viii) and (ix); and (b) the Minister decides to give a direction under subsection (3); the Minister must: (c) prepare a statement about the decision; and (d) cause: (i) a copy of the statement; and (ii) a copy of the Commission's report; to be laid before each House of the Parliament within 15 sittings days of that House after the decision was made. 10.47 Investigation and report by Commission on reference by Minister (1) The Minister may refer to the Commission for investigation and report the question whether grounds exist for the Minister to be satisfied in relation to a registered conference agreement of one or more specified matters referred to in paragra