TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 117 Particulars to be furnished of certain agreements, variations and determinations.

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 117

117. (1) Where a conference agreement has become subject to filing,
particulars of the agreement, in accordance with this section and verified as
required by this section, shall be furnished to the Clerk within the period of
30 days after the date on which the agreement became subject to filing.

(2) In the case of a conference agreement that becomes subject to filing on a
date after the date of making of the agreement, the particulars required to be
furnished are particulars of the agreement as varied, whether in respect of
the parties or in respect of the terms, by any variations made on or before
the date on which the agreement becomes subject to filing.

(3) The duty to furnish particulars under this section in respect of a
conference agreement that has become subject to filing is not affected by any
subsequent variation or determination of the agreement and if, at any time
after a conference agreement becomes subject to filing, the agreement is
varied, whether in respect of the parties or in respect of the terms, or is
determined otherwise than by effluxion of time, then, except as otherwise
prescribed, particulars of the variation or determination, verified as
required by this section, shall be furnished to the Clerk within the period of
30 days after the day on which the variation or determination occurs.

(4) The requirements of this section may be complied with-

   (a)  in respect of an agreement-by any party to the agreement; or

   (b)  in respect of a variation or determination of an agreement-by any
        person who was a party to the agreement immediately before, or is a
        party immediately after, the variation or determination.

(5) Subject to the regulations, the particulars to be furnished of an
agreement are-

   (a)  the names of the parties to the agreement and the date of the
        agreement; and

   (b)  the whole of the terms of the agreement, whether or not relating to
        overseas cargo shipping.

(6) The particulars to be furnished of an agreement, or of a variation or
determination of an agreement, shall be furnished-

   (a)  in so far as the particulars are contained in an instrument in writing
        by which the agreement, variation or determination was, in whole or in
        part, made or effected-by lodging with the Clerk a true copy of that
        instrument; and

   (b)  in so far as the particulars are not contained in such an instrument,
        whether or not there is such an instrument-by lodging with the Clerk a
        memorandum of those particulars, verified as a true copy or a full and
        correct memorandum, as the case requires, by statutory declaration of
        the person by whom the particulars are furnished or of a competent
        person authorized by that person.

(7) The regulations may provide for excluding any particulars from the
particulars required to be furnished under this Division.

(8) A person referred to in sub-section (4) may, before the expiration of the
time within which, but for this sub-section, the particulars are required to
be furnished, apply in writing to the Minister for an extension of that time
and, where such an application is made, the time within which the particulars
are required to be furnished shall be taken not to expire-

   (a)  whether or not the application is granted-before the expiration of 14
        days after the date on which the Minister informs the applicant in
        writing of his decision on the application; or

   (b)  if the application is granted-before the expiration of the period of
        the extension granted by the Minister.