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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Trade
Practices Amendment (International Liner Cargo Shipping) Bill
2000
No. ,
2000
(Transport and Regional
Services)
A Bill for an Act to amend the
Trade Practices Act 1974, and for other purposes
ISBN: 0642 439087
Contents
Part 1—Amendments commencing on the 28th day after Royal
Assent 3
Part 2—Amendments commencing not earlier than 4 months after the
commencement of
Part 1 43
Part 3—Transitional and application
provisions 45
Division 1—Transitional and application provisions relating to
Part 1 45
Division 2—Transitional provisions relating to
Part 2 48
A Bill for an Act to amend the Trade Practices Act
1974, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Trade Practices Amendment
(International Liner Cargo Shipping) Act 2000.
(1) Subject to this section, this Act commences on the 28th day
after the day on which it receives the Royal Assent.
(2) Part 2, and Division 2 of Part 3, of Schedule 1
commence:
(a) at the end of the period of 4 months beginning at the commencement of
Part 1 of Schedule 1; or
(b) if:
(i) a longer period is specified in the regulations; and
(ii) that longer period ends at or before the end of the period of 6
months beginning at the commencement of Part 1 of
Schedule 1;
at the end of that longer period.
(3) The Governor-General may make regulations for the purposes of
paragraph (2)(b).
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Part 1—Amendments
commencing on the 28th day after Royal Assent
1 Paragraph 29(1A)(a)
After “VII”, insert “, X”.
2 Subsection 40(3)
Repeal the subsection.
3 At the end of paragraph
10.01(1)(a)
Add “and”.
4 At the end of subsection
10.01(1)
Add:
; 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.
5 Paragraph 10.01(2)(a)
Omit “outwards”, substitute
“international”.
6 After section 10.01
Insert:
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.
7 Subsection 10.02(1)
Insert:
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.
8 Subsection 10.02(1)
Insert:
Australian importer means a person who imports goods into
Australia.
9 Subsection 10.02(1) (definition of
conference)
Omit “liner cargo shipping services”, substitute
“outwards liner cargo shipping services or inwards liner cargo shipping
services”.
10 Subsection 10.02(1) (definition of
conference agreement)
Repeal the definition, substitute:
conference agreement means:
(a) an outwards conference agreement; or
(b) an inwards conference agreement.
11 Subsection 10.02(1)
Insert:
designated inwards peak shipper body means an association
specified in a notice under subsection 10.03(2A).
12 Subsection 10.02(1)
Insert:
designated inwards secondary shipper body means an
association specified in a notice under subsection 10.03(2B).
13 Subsection 10.02(1)
Insert:
designated inwards shipper body means:
(a) a designated inwards peak shipper body; or
(b) a designated inwards secondary shipper body.
14 Subsection 10.02(1)
Insert:
designated outwards peak shipper body means an association
specified in a notice under subsection 10.03(1).
15 Subsection 10.02(1)
Insert:
designated outwards secondary shipper body means an
association specified in a notice under subsection 10.03(2).
16 Subsection 10.02(1)
Insert:
designated outwards shipper body means:
(a) a designated outwards peak shipper body; or
(b) a designated outwards secondary shipper body.
17 Subsection 10.02(1) (definition of
designated peak shipper body)
Repeal the definition.
18 Subsection 10.02(1)
Insert:
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.
19 Subsection 10.02(1) (definition of
designated secondary shipper body)
Repeal the definition, substitute:
designated secondary shipper body means:
(a) a designated outwards secondary shipper body; or
(b) a designated inwards secondary shipper body.
20 Subsection 10.02(1) (definition of
designated shipper body)
Repeal the definition, substitute:
designated shipper body means:
(a) a designated outwards shipper body; or
(b) a designated inwards shipper body.
21 Subsection 10.02(1)
Insert:
exemption order means an order under
section 10.72A.
22 Subsection 10.02(1) (definition of freight
rate charges)
Repeal the definition, substitute:
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.
23 Subsection 10.02(1)
Insert:
handling cargo includes a service that is related to handling
of cargo.
24 Subsection 10.02(1)
Insert:
inland terminal has the meaning given by
section 10.02A.
25 Subsection 10.02(1) (definition of
international liner cargo shipping service)
Repeal the definition, substitute:
international liner cargo shipping service means:
(a) an outwards liner cargo shipping service; or
(b) an inwards liner cargo shipping service.
26 Subsection 10.02(1)
Insert:
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.
27 Subsection 10.02(1)
Insert:
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.
28 Subsection 10.02(1) (definition of inwards
liner cargo shipping service)
Repeal the definition, substitute:
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.
29 Subsection 10.02(1)
Insert:
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.
30 Subsection 10.02(1)
Insert:
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.
31 Subsection 10.02(1)
Insert:
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)).
32 Subsection 10.02(1) (definition of liner
cargo shipping service)
Repeal the definition.
33 Subsection 10.02(1) (definition of loyalty
agreement)
Repeal the definition, substitute:
loyalty agreement means:
(a) an outwards loyalty agreement; or
(b) an inwards loyalty agreement.
34 Subsection 10.02(1)
Insert:
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.
35 Subsection 10.02(1) (definition of
outwards liner cargo shipping service)
Repeal the definition, substitute:
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.
36 Subsection 10.02(1)
Insert:
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.
37 Subsection 10.02(1)
Insert:
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.
38 Subsection 10.02(1)
Insert:
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)).
39 Subsection 10.02(1)
Insert:
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.
40 Subsection 10.02(1) (definition of pricing
practice)
Omit “liner cargo shipping services”, substitute
“outwards liner cargo shipping services”.
41 Subsection 10.02(1)
Insert:
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.
42 Subsection 10.02(1)
Insert:
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.
43 Subsection 10.02(1)
Insert:
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.
44 Subsection 10.02(1) (definition of varying
conference agreement)
Repeal the definition, substitute:
varying conference agreement means:
(a) an outwards varying conference agreement; or
(b) an inwards varying conference agreement.
45 Subsection 10.02(2)
Omit “a conference”, substitute “an outwards
conference”.
46 After subsection
10.02(2)
Insert:
(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.
47 Subsection 10.02(3)
Omit “a conference”, substitute “an outwards
conference”.
48 At the end of
section 10.02
Add:
(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.
49 After section 10.02
Insert:
(1) The Minister may, by writing, 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.
(6) A declaration under subsection (1) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
50 Subsection 10.03(1)
After “designated”, insert “outwards”.
51 Subsection 10.03(2)
After “designated” (wherever occurring), insert
“outwards”.
52 After subsection
10.03(2)
Insert:
(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 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 declare that the association is a designated inwards
secondary shipper body for the purposes of this Part.
53 Subsection 10.03(3)
Omit “designated peak shipper body, or a designated secondary shipper
body,”, substitute “designated outwards peak shipper body, a
designated inwards peak shipper body, a designated outwards secondary shipper
body or a designated inwards secondary shipper body”.
54 Subsection 10.03(4)
Omit all the words after “is a”, substitute “designated
outwards peak shipper body, a designated inwards peak shipper body, a designated
outwards secondary shipper body or a designated inwards secondary shipper
body”.
55 Subsection 10.03(7)
Omit “or (2)”, substitute “, (2), (2A) or
(2B)”.
56 Section 10.05
Repeal the section.
57 Section 10.06
Omit “A conference” (wherever occurring), substitute “An
outwards conference”.
Note: The heading to section 10.06 is altered by
inserting “outwards” after
“to”.
58 Section 10.07
Omit “A conference”, substitute “An outwards
conference”.
59 At the end of
section 10.07
Add:
(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.
(3) Subsection (2) does not apply to inwards liner cargo shipping
services provided wholly or partly before the commencement of Part 2 of
Schedule 1 to the Trade Practices Amendment (International Liner Cargo
Shipping) Act 2000.
60 Paragraph 10.08(1)(d)
Repeal the paragraph, substitute:
(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.
61 Subsection 10.08(2)
Omit all the words after “benefit”, substitute:
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.
62 At the end of
section 10.08
Add:
(4) This section does not apply in relation to a provision of an inwards
conference agreement so far as the provision relates to inwards liner cargo
shipping services provided wholly or partly before the commencement of
Part 2 of Schedule 1 to the Trade Practices Amendment
(International Liner Cargo Shipping) Act 2000.
63 At the end of paragraphs 10.11(1)(a), (b) and
(c)
Add “and”.
64 At the end of subsection
10.11(1)
Add:
; and (f) a register of exemption orders.
65 Paragraph 10.13(2)(a)
Omit “and 10.57(1)”, substitute “, 10.50(1), 10.57(1) and
10.63(1)”.
66 Paragraph 10.13(2)(b)
After “10.48(2)”, insert “, 10.48(2A)”.
67 Section 10.14
Repeal the section, substitute:
(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.
68 Section 10.15
After “registered”, insert “outwards”.
69 At the end of
section 10.15
Add:
(2) The exemptions provided by this Subdivision 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.
70 After section 10.15
Insert:
The exemptions provided by this Subdivision do not apply in relation to
inwards liner cargo shipping services provided wholly or partly before the
commencement of Part 2 of Schedule 1 to the Trade Practices
Amendment (International Liner Cargo Shipping) Act 2000.
71 At the end of subsection
10.17(2)
Add “or an inwards liner cargo shipping service”.
72 At the end of subsection
10.18(1)
Add “or an inwards liner cargo shipping service”.
73 At the end of subsection
10.19(2)
Add “or an inwards liner cargo shipping service”.
74 Subsection 10.20(1)
Omit “Sections 47 and 10.05 do”, substitute
“Section 47 does”.
Note: The heading to section 10.20 is altered by
omitting “sections 47 and 10.05” and substituting
“section 47”.
75 At the end of subsection
10.20(1)
Add “or an inwards liner cargo shipping service”.
76 After section 10.21
Insert:
The exemptions provided by this Subdivision do not apply in relation to
inwards liner cargo shipping services provided wholly or partly before the
commencement of Part 2 of Schedule 1 to the Trade Practices
Amendment (International Liner Cargo Shipping) Act 2000.
77 At the end of
section 10.24
Add:
(4) The exemptions provided by this section do not apply in relation to
inwards liner cargo shipping services provided wholly or partly before the
commencement of Part 2 of Schedule 1 to the Trade Practices
Amendment (International Liner Cargo Shipping) Act 2000.
78 After section 10.24
Insert:
(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).
(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.
79 Subsection 10.27(1)
Omit all the words after “minimum level”, substitute:
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.
80 After section 10.27
Insert:
(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.
81 At the end of paragraph
10.28(1)(a)
Add “and”.
82 After paragraph
10.28(1)(a)
Insert:
(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
83 Paragraph 10.28(1)(b)
Before “that the agreement”, insert “in the case of an
outwards conference agreement—”.
84 Paragraph 10.28(1)(b)
Before “conference agreements”, insert
“outwards”.
85 After paragraph
10.28(1)(b)
Insert:
(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
86 At the end of
section 10.28
Add:
(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).
87 Subsection 10.29(1)
Before “conference agreement” (first occurring), insert
“outwards”.
88 Subsection 10.29(1)
After “designated” (wherever occurring), insert
“outwards”.
89 After subsection
10.29(1)
Insert:
(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.
90 Before subsection
10.29(2)
Insert:
(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.
91 Subsection 10.29(2)
Omit “Subsection (1) does not”, substitute
“Subsections (1) and (1A) do not”.
92 At the end of paragraph
10.33(1)(a)
Add “and”.
93 Paragraph 10.33(1)(b)
Repeal the paragraph, substitute:
(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
94 Paragraph 10.33(1)(c)
Repeal the paragraph, substitute:
(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
95 At the end of
section 10.33
Add:
(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).
96 Subparagraph
10.37(1)(c)(i)
Before “that granting”, insert “in the case of an
outwards conference agreement—”.
97 After subparagraph
10.37(1)(c)(i)
Insert:
(ia) in the case of an inwards conference agreement—that granting
the request would not disadvantage Australian importers; and
98 Subparagraphs 10.40(1)(b)(i) and
(ii)
After “outwards liner cargo shipping services”, insert
“or inwards liner cargo shipping services”.
99 Subsection 10.41(3)
Repeal the subsection, substitute:
(2A) Subsections (1) and (2) do not apply in relation to inwards
liner cargo shipping services provided wholly or partly before the commencement
of Part 2 of Schedule 1 to the Trade Practices Amendment
(International Liner Cargo Shipping) Act 2000.
(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.
100 Paragraphs 10.43(1)(a) and
(b)
After “outwards liner cargo shipping services”, insert
“or inwards liner cargo shipping services”.
101 At the end of
section 10.43
Add:
(5) Subsection (1) does not apply in relation to inwards liner cargo
shipping services provided wholly or partly before the commencement of
Part 2 of Schedule 1 to the Trade Practices Amendment
(International Liner Cargo Shipping) Act 2000.
102 At the end of
section 10.44
Add:
(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.
103 Subparagraphs 10.45(a)(i) and
(ii)
Repeal the subparagraphs, substitute:
(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.);
104 Subparagraph
10.45(a)(iv)
After “services” (first occurring), insert “or inwards
liner cargo shipping services”.
105 Subparagraph
10.45(a)(v)
Before “that parties”, insert “in the case of an outwards
conference agreement—”.
106 After subparagraph
10.45(a)(vii)
Insert:
(viii) that subsection (3) applies to parties to the
agreement;
(ix) that subsection (4) applies to parties to the agreement;
and
107 After paragraph
10.45(a)
Insert:
(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
108 At the end of
section 10.45
Add:
(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.
(5) Subparagraph (1)(a)(iv) and subsections (3) and (4) do not
apply in relation to inwards liner cargo shipping services provided wholly or
partly before the commencement of Part 2 of Schedule 1 to the Trade
Practices Amendment (International Liner Cargo Shipping) Act 2000.
109 Subsection 10.46(1)
Omit “10.45(a)”, substitute
“10.45(1)(a)”.
110 Subsection 10.46(3)
Omit “10.45(a)”, substitute
“10.45(1)(a)”.
111 At the end of subsection
10.46(7)
Add “, and the Registrar must serve a copy of the direction on the
parties to the conference agreement concerned”.
112 At the end of
section 10.46
Add:
(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.
113 Subsection 10.47(1)
Omit “10.45(a)”, substitute
“10.45(1)(a)”.
114 Subsection 10.48(1)
Omit “10.45(a)”, substitute
“10.45(1)(a)”.
115 Subsection 10.48(2)
Omit “The Commission”, substitute “If subsection (1)
applies, the Commission”.
Note: The heading to section 10.48 is altered by
inserting “on own initiative or” after
“Commission”.
116 After subsection
10.48(2)
Insert:
(2A) The Commission may, on its own initiative, hold an investigation into
the question whether grounds exist for the Minister to be satisfied in relation
to a registered conference agreement of either or both of the matters referred
to in subparagraphs 10.45(1)(a)(viii) and (ix).
(2B) If subsection (2A) applies, the Commission must inform the
Minister of its decision to hold an investigation and report to the
Minister.
117 Paragraph 10.48(5)(c)
Before “an”, insert “in the case of an outwards
conference agreement—”.
118 Paragraph 10.48(5)(d)
After “outwards liner cargo shipping services”, insert
“or inwards liner cargo shipping services”.
119 After
section 10.49
Insert:
(1) A party to a registered conference agreement must not contravene an
undertaking given under section 10.49.
(2) Part VI applies in relation to subsection (1) as if that
subsection were a provision of Part IV.
120 Subsection 10.50(1)
Omit “Tribunal”, substitute “Commission”.
Note: The heading to section 10.50 is altered by
omitting “Inquiries by Tribunal” and substituting
“Investigations by Commission”.
121 Subsection 10.50(1)
Omit “inquiry”, substitute
“investigation”.
122 Subsection 10.50(1)
After “outwards liner cargo shipping services”, insert
“or inwards liner cargo shipping services”.
123 Subsections 10.50(2) and
(3)
Omit “Tribunal” (wherever occurring), substitute
“Commission”.
124 Subsections 10.50(2) and
(3)
Omit “inquiry” (wherever occurring), substitute
“investigation”.
125 Paragraph 10.51(1)(a)
Omit “Tribunal”, substitute “Commission”.
126 Paragraph 10.51(1)(a)
After “services”, insert “or inwards liner cargo shipping
services”.
127 After subsection
10.52(2)
Insert:
(2A) Subsections (1) and (2) do not apply in relation to inwards
liner cargo shipping services provided wholly or partly before the commencement
of Part 2 of Schedule 1 to the Trade Practices Amendment
(International Liner Cargo Shipping) Act 2000.
128 Subsection 10.52(3)
Insert:
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.
129 Subsection 10.52(3)
Insert:
freight rates includes base freight rates, surcharges,
rebates and allowances.
130 Subsection 10.52(3) (definition of
negotiable shipping arrangements)
Repeal the definition, substitute:
negotiable shipping arrangements means:
(a) the arrangements for, or the terms and conditions applicable to,
outwards liner cargo shipping services provided, or proposed to be provided, by
the ocean carrier on the relevant trade route (including, for example, freight
rates, charges for inter-terminal transport services, frequency of sailings and
ports of call); or
(b) the arrangements for, or the terms and conditions applicable to,
inwards liner cargo shipping services provided, or proposed to be provided, by
the ocean carrier on the relevant trade route (including, for example, freight
rates, charges for inter-terminal transport services, frequency of sailings and
ports of call), where those arrangements or those terms and conditions, as the
case may be, are embodied in an eligible Australian contract; or
(c) the arrangements for, or the terms and conditions applicable to, the
parts of the inwards liner cargo shipping services provided, or proposed to be
provided, by the ocean carrier on the relevant trade route that consist of
activities that take place on land in Australia (including, for example,
terminal handling charges and charges for inter-terminal transport
services).
131 Subsection 10.52(3) (definition of
relevant designated shipper body)
Repeal the definition, substitute:
relevant designated shipper body:
(a) in relation to negotiations connected with outwards liner cargo
shipping services—means:
(i) a designated outwards peak shipper body; or
(ii) a designated outwards secondary shipper body nominated by the
Registrar (by written notice given to the ocean carrier) for the purposes of the
relevant trade route; or
(b) in relation to negotiations connected with inwards liner cargo
shipping services—means:
(i) a designated inwards peak shipper body; or
(ii) a designated inwards secondary shipper body nominated by the
Registrar (by written notice given to the ocean carrier) for the purposes of the
relevant trade route.
132 At the end of
section 10.53
Add:
(2) For the purposes of subsection (1), 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.
133 Paragraph 10.55(a)
Repeal the paragraph, substitute:
(a) the Minister is satisfied of either or both of the following
matters:
(i) that section 10.52 (non-conference ocean carrier with substantial
market power to negotiate with certain designated shipper bodies etc.) applies
to the ocean carrier concerned, and that the ocean carrier has contravened, or
proposes to contravene, that section;
(ii) that the ocean carrier concerned has contravened, or proposes to
contravene, section 10.53 (non-conference ocean carrier with substantial
market power not to hinder Australian flag shipping operators etc.);
134 At the end of subsection
10.56(6)
Add “, and the Registrar must serve a copy of the direction on the
ocean carrier”.
135 Paragraph 10.58(5)(b)
Before “an”, insert “in the case of an investigation
relating to outwards liner cargo shipping services—”.
136 Paragraph 10.58(5)(c)
After “outwards liner cargo shipping services”, insert
“or inwards liner cargo shipping services”.
137 Paragraph 10.62(c)
Omit “Tribunal”, substitute “Commission”.
138 Section 10.63
Omit “Tribunal” (wherever occurring), substitute
“Commission”.
Note: The heading to section 10.63 is replaced by the
heading “Investigation and report by
Commission”.
139 Section 10.63
Omit “inquiry” (wherever occurring), substitute
“investigation”.
140 Paragraph 10.64(3)(a)
Omit “Tribunal”, substitute “Commission”.
141 After Division 12 of
Part X
Insert:
(1) The Minister may make a written order exempting:
(a) a specified inwards conference agreement; or
(b) specified inwards liner cargo shipping services; or
(c) specified conduct in relation to the provision, or proposed provision,
of inwards liner cargo shipping services;
from the scope of any or all of the eligible regulatory
provisions.
Note: For specification by class, see subsection 46(2) of
the Acts Interpretation Act 1901.
(2) The Registrar must enter particulars of any order under
subsection (1) in the register of exemption orders.
(3) An order under subsection (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(4) For the purposes of this section, each of the following provisions is
an eligible regulatory provision:
(a) subsection 10.07(2);
(b) section 10.08;
(c) paragraph 10.28(1)(ba);
(d) subsection 10.29(1A);
(e) section 10.40;
(f) section 10.41;
(g) section 10.43;
(h) subparagraph 10.45(1)(a)(iv);
(i) subsection 10.45(3);
(j) subsection 10.45(4);
(k) section 10.52.
(1) The Minister must not make an exemption order unless the Minister is
of the opinion that it is in the national interest to make the order.
(2) For the purposes of subsection (1), in determining what is in the
national interest, the Minister must have regard to each of the
following:
(a) Australia’s international relations;
(b) Australia’s international obligations;
(c) any relevant principle of international law or practice;
(d) the interests of Australian exporters;
(e) the interests of Australian importers;
(f) any other relevant matters.
(1) An exemption order may be expressed to be in force for a period
specified in the order.
(2) Subsection (1) does not prevent the revocation of an exemption
order in accordance with subsection 33(3) of the Acts Interpretation Act
1901.
An exemption order may be expressed to be subject to such conditions as
are specified in the order.
142 Section 10.81
Omit “section 10.03”, substitute
“sections 10.02A and 10.03”.
143 Section 10.81
Omit “section 10.63”, substitute
“sections 10.63 and 10.72A”.
144 After
section 10.82
Insert:
(1) For the purposes of this section, each of the following decisions of
the Commission is a reviewable decision:
(a) a decision to refuse to hold an investigation under subsection
10.48(2) or 10.58(2);
(b) a decision under section 10.88 to:
(i) exclude a document, or the particulars of a submission, from the
register of Commission investigations; or
(ii) refuse to exclude a document, or the particulars of a submission,
from the register of Commission investigations.
(2) If the Commission makes a reviewable decision:
(a) a person whose interests are affected by the decision; or
(b) a designated shipper body;
may apply in writing to the Tribunal for a review of the
decision.
(3) An application under this section for a review of a decision must be
made within 21 days after the Commission made the decision.
(4) If the Tribunal receives an application under this section for a
review of a decision, the Tribunal must review the decision.
(1) On a review of a decision of the Commission of a kind mentioned in
section 10.82A, the Tribunal may make a decision affirming, setting aside
or varying the decision of the Commission and, for the purposes of the review,
may perform all the functions and exercise all the powers of the
Commission.
(2) A decision by the Tribunal affirming, setting aside or varying a
decision of the Commission is taken for the purposes of this Act (other than
this Division) to be a decision of the Commission.
(3) For the purposes of a review by the Tribunal, the member of the
Tribunal presiding at the review may require the Commission to give such
information, make such reports and provide such other assistance to the Tribunal
as the member specifies.
(4) For the purposes of a review, the Tribunal may have regard to any
information given, documents produced or evidence given to the Commission in
connection with the making of the decision to which the review
relates.
Note: Division 2 of Part IX applies to proceedings
before the Tribunal.
Division 1 of Part IX does not apply in relation to a review by
the Tribunal of a decision of the Commission of a kind mentioned in
section 10.82A.
(1) For the purposes of this section, each of the following decisions of
the Minister is a reviewable decision:
(a) a decision to:
(i) give; or
(ii) refuse to give;
a direction under subsection 10.44(1), subsection 10.46(3), paragraph
10.49(3)(b), subsection 10.51(1), subsection 10.56(3) or paragraph
10.59(3)(b);
(b) a decision under section 10.49, 10.59 or 10.64 to:
(i) accept an offer; or
(ii) refuse to accept an offer;
(c) a decision under paragraph 10.49(3)(a), 10.59(3)(a) or 10.64(3)(a)
to:
(i) revoke a reference; or
(ii) refuse to revoke a reference;
(d) a decision under paragraph 10.49(3)(c) to:
(i) revoke a direction; or
(ii) refuse to revoke a direction;
(e) a decision to:
(i) make; or
(ii) refuse to make;
an order under subsection 10.54(1) or 10.61(1);
(f) a decision under paragraph 10.59(3)(c) or 10.64(3)(b) to:
(i) revoke an order; or
(ii) refuse to revoke an order.
(2) If the Minister makes a reviewable decision:
(a) a person whose interests are affected by the decision; or
(b) a designated shipper body;
may apply in writing to the Tribunal for a review of the
decision.
(3) An application under this section for a review of a decision must be
made within 21 days after the Minister made the decision.
(4) If the Tribunal receives an application under this section for a
review of a decision, the Tribunal must review the decision.
(1) On a review of a decision of the Minister of a kind mentioned in
section 10.82D, the Tribunal may make a decision affirming, setting aside
or varying the decision of the Minister and, for the purposes of the review, may
perform all the functions and exercise all the powers of the Minister.
(2) A decision by the Tribunal affirming, setting aside or varying a
decision of the Minister is taken for the purposes of this Act (other than this
Division) to be a decision of the Minister.
(3) For the purposes of a review by the Tribunal, the member of the
Tribunal presiding at the review may request the Minister to give such
information, make such reports and provide such other assistance to the Tribunal
as the member specifies. The Minister must comply with such a request.
(4) For the purposes of a review, the Tribunal may have regard to any
information given, documents produced or evidence given to the Minister in
connection with the making of the decision to which the review
relates.
Note: Division 2 of Part IX applies to proceedings
before the Tribunal.
(1) If:
(a) the Tribunal decides to set aside or vary a decision of the Minister;
and
(b) a register kept by the Registrar is not consistent with the decision
of the Tribunal;
the Minister must direct the Registrar to take such action, by way of
modifying the register, as is necessary to ensure that the register is
consistent with the Tribunal’s decision.
(2) The Registrar must comply with a direction under
subsection (1).
(3) If, in accordance with subsection (2), the Registrar:
(a) deletes particulars of a direction under subsection 10.44(1) from the
register of conference agreements; or
(b) includes in the register of conference agreements a notation to the
effect that a direction under subsection 10.44(1) has been set aside;
Subdivision A of Division 5 applies in relation to the conference
agreement concerned to the extent to which that Subdivision would have applied
but for the entry of the particulars of the direction.
Division 1 of Part IX does not apply in relation to a review by
the Tribunal of a decision of the Minister of a kind mentioned in
section 10.82D.
145 Paragraph 10.87(a)
Omit “and 10.57(1)”, substitute “, 10.50(1), 10.57(1) and
10.63(1)”.
146 Paragraph 10.87(b)
After “10.48(2)”, insert “, 10.48(2A)”.
147 Subsection 10.88(7) (definition of
investigation)
Omit “10.57 or 10.58”, substitute “10.50, 10.57, 10.58 or
10.63”.
148 Paragraph 10.90(2)(a)
Omit “$600”, substitute “$1,200”.
Omit “$350”, substitute “$700”.
150 Paragraphs 10.90(2)(c) and
(ca)
Omit “$80”, substitute “$160”.
151 Paragraph 10.90(2)(d)
Omit “$100”, substitute “$200”.
152 Section 10.92
Repeal the section.
153 Section 10.93
Repeal the section.
Part 2—Amendments
commencing not earlier than 4 months after the commencement of
Part 1
154 Subsection 10.02(1) (definition of
pricing practice)
After “outwards liner cargo shipping services”, insert
“or inwards liner cargo shipping services”.
155 Subsection 10.07(3)
Repeal the subsection.
156 Subsection 10.08(4)
Repeal the subsection.
157 Section 10.15A
Repeal the section.
158 Section 10.21A
Repeal the section.
159 Subdivision C of Division 5 of
Part X
Repeal the Subdivision.
160 Subsection 10.24(4)
Repeal the subsection.
161 Subsection 10.41(2A)
Repeal the subsection.
162 Subsection 10.43(5)
Repeal the subsection.
163 Subsection 10.45(5)
Repeal the subsection.
164 Subsection 10.52(2A)
Repeal the subsection.
165 Section 10.62
After “outwards liner cargo shipping services” (wherever
occurring), insert “or inwards liner cargo shipping
services”.
166 Subsection 10.63(1)
After “outwards liner cargo shipping services”, insert
“or inwards liner cargo shipping services”.
167 Subsection 10.66(1)
After “outwards liner cargo shipping services”, insert
“or inwards liner cargo shipping services”.
168 Section 10.67
After “pricing practice”, insert “in relation to outwards
liner cargo shipping services”.
169 At the end of
section 10.67
Add:
(2) Subsection (3) applies when determining whether a pricing
practice in relation to inwards liner cargo shipping services is contrary to the
national interest.
(3) Regard must be had, in particular, to the effect that the practice has
had, or is likely to have, in relation to continuous stable access by Australian
importers in all States and Territories to inwards liner cargo shipping services
that:
(a) are of adequate frequency and reliability; and
(b) are at freight rates that are internationally competitive.
170 At the end of subsection
10.72A(4)
Add:
; (l) subparagraph 10.62(a)(i).
Part 3—Transitional
and application provisions
Division 1—Transitional
and application provisions relating to Part 1
171 Transitional—declarations under
subsection 10.03(1) of the Trade Practices Act 1974
(1) This item applies to a declaration if:
(a) the declaration was made under subsection 10.03(1) of the Trade
Practices Act 1974; and
(b) the declaration was in force immediately before the commencement of
this item.
(2) The declaration has effect, after the commencement of this item, as
if:
(a) the declaration had been made under subsection 10.03(1) of the
Trade Practices Act 1974 as amended by this Schedule; and
(b) a reference in the declaration to a designated peak shipper body were
a reference to a designated outwards peak shipper body.
(3) The Registrar must take such action, by way of modifying the register
of designated shipper bodies, as is necessary to ensure that the register is
consistent with subitem (2).
172 Transitional—declarations under
subsection 10.03(2) of the Trade Practices Act 1974
(1) This item applies to a declaration if:
(a) the declaration was made under subsection 10.03(2) of the Trade
Practices Act 1974; and
(b) the declaration was in force immediately before the commencement of
this item.
(2) The declaration has effect, after the commencement of this item, as
if:
(a) the declaration had been made under subsection 10.03(2) of the
Trade Practices Act 1974 as amended by this Schedule; and
(b) a reference in the declaration to a designated secondary shipper body
were a reference to a designated outwards secondary shipper body.
(3) The Registrar must take such action, by way of modifying the register
of designated shipper bodies, as is necessary to ensure that the register is
consistent with subitem (2).
173 Transitional—notices under
section 10.29 of the Trade Practices Act 1974
(1) This item applies to a notice if:
(a) the notice was given under subsection 10.29(3) of the Trade
Practices Act 1974; and
(b) the notice was in force immediately before the commencement of this
item.
(2) The notice has effect, after the commencement of this item, as
if:
(a) the notice had been given under subsection 10.29(3) of the Trade
Practices Act 1974 as amended by this Schedule; and
(b) a reference in the notice to a designated secondary shipper body were
a reference to a designated outwards secondary shipper body.
(3) The Registrar must take such action, by way of modifying the register
of designated shipper bodies, as is necessary to ensure that the register is
consistent with subitem (2).
174 Transitional—notices under
section 10.41 of the Trade Practices Act 1974
(1) This item applies to a notice if:
(a) the notice was given under paragraph (b) of the definition of
relevant designated shipper body in subsection 10.41(3) of the
Trade Practices Act 1974; and
(b) the notice was in force immediately before the commencement of this
item.
(2) The notice has effect, after the commencement of this item, as
if:
(a) the notice had been given under subparagraph (a)(ii) of the
definition of relevant designated shipper body in subsection
10.41(3) of the Trade Practices Act 1974 as amended by this Schedule;
and
(b) a reference in the notice to a designated secondary shipper body were
a reference to a designated outwards secondary shipper body.
(3) The Registrar must take such action, by way of modifying the register
of designated shipper bodies, as is necessary to ensure that the register is
consistent with subitem (2).
175 Transitional—pre-commencement
directions under section 10.44 of the Trade Practices Act
1974
(1) This item applies to a direction under section 10.44 of the
Trade Practices Act 1974 that was given before the commencement of this
item.
(2) Despite the amendments of section 10.45 and subsections 10.46(1)
and (3), 10.47(1) and 10.48(1) of the Trade Practices Act 1974 made by
this Schedule, those provisions continue to apply after the commencement of this
item, in relation to that direction, as if those amendments had not been
made.
176 Transitional—notices under
section 10.52 of the Trade Practices Act 1974
(1) This item applies to a notice if:
(a) the notice was given under paragraph (b) of the definition of
relevant designated shipper body in subsection 10.52(3) of the
Trade Practices Act 1974; and
(b) the notice was in force immediately before the commencement of this
item.
(2) The notice has effect, after the commencement of this item, as
if:
(a) the notice had been given under subparagraph (a)(ii) of the
definition of relevant designated shipper body in subsection
10.52(3) of the Trade Practices Act 1974 as amended by this Schedule;
and
(b) a reference in the notice to a designated secondary shipper body were
a reference to a designated outwards secondary shipper body.
(3) The Registrar must take such action, by way of modifying the register
of designated shipper bodies, as is necessary to ensure that the register is
consistent with subitem (2).
177 Transitional—pre-commencement
inquiries
(1) This item applies if, before the commencement of this item, a question
was referred to the Tribunal under section 10.50 or 10.63 of the Trade
Practices Act 1974 for inquiry and report.
(2) Despite the amendments and repeals made by items 2, 65, 120, 121,
123, 124, 125, 137, 138, 139, 140, 145, 147, 152 and 153 of this Schedule,
subsection 40(3) and Part X of the Trade Practices Act 1974 continue
to apply after the commencement of this item, in relation to that inquiry and
report, as if those amendments and repeals had not been made.
178 Application—review of decisions of
Commission
Division 14A of Part X of the Trade Practices Act 1974
applies to decisions of the Commission made after the commencement of this
item.
179 Application—review of decisions of the
Minister
Division 14B of Part X of the Trade Practices Act 1974
applies to decisions of the Minister made after the commencement of this
item.
Division 2—Transitional
provisions relating to Part 2
180 Transitional—pre-commencement inwards
liner cargo shipping services
Despite the repeals made by items 155 to 164 (inclusive) of this
Schedule, the provisions of the Trade Practices Act 1974 repealed by
those items continue to apply after the commencement of this item, in relation
to an inwards liner cargo shipping service provided wholly or partly before the
commencement of this item, as if those repeals had not been made.