Commonwealth Numbered Regulations

1989 No. 199 TRADE PRACTICES REGULATIONS (AMENDMENT) - REG 6

6. Regulations 29 to 34 (inclusive) of the Principal Regulations are repealed
and the following heading and regulations substituted:
                  "PART 3-INTERNATIONAL LINER CARGO SHIPPING
Interpretation

"29. (1) In this Part, unless the contrary intention appears:
'Registrar' means the Registrar of Liner Shipping;
'trade area', in relation to a conference agreement, means the geographical
area to which the agreement relates.

"(2) An expression used in this Part has the same meaning as in Part X of the
Act. Office of the Registrar

"30. The Minister must notify in the Gazette the address of the office of the
Registrar and any change in that address. Fees

"31. The fee specified in column 2 of an item in Schedule 2 is prescribed in
respect of the matter specified in column 1 of that item. Register of
conference agreements: prescribed particulars

"32. The following particulars are prescribed in relation to an entry in the
register of conference agreements, as well as any particulars required by the
Act to be entered in the register:

   (a)  the name of the agreement;

   (b)  the parties to the agreement;

   (c)  the trade area covered by the agreement;

   (d)  the identification number of the conference agreement file kept by the
        Registrar under section 10.12 of the Act;

   (e)  the date of the agreement;

   (f)  whether the agreement is for a fixed period and, if so, the period;

   (g)  details of any provisions for renewal or termination of the agreement;

   (h)  the date on which the agreement was provisionally registered;
  (i)   the date on which the agreement was finally registered;

  (j)   a summary of the agreement;


   (k)  the names of the designated shipper bodies with which the parties to
        the agreement are required to negotiate under section 10.29 and 10.41
        of the Act;
  (l)   where the parties to the agreement have notified the Registrar under
subsection 10.29 (2), that fact;

   (m)  whether agreement has been reached in the negotiations under section
        10.29 of the Act;

   (n)  whether the Registrar has directed that any part of the agreement is
        not to be open to public inspection and, if so, which part;

   (o)  whether another conference agreement that varies the agreement has
        been made or arrived at and, if so, the name of that other agreement;

   (p)  the date of any notifications given to the Registrar under subsection
        10.40 and 10.43 of the Act in connection with the operation of the
        agreement. Register of designated shipping bodies: prescribed
        particulars

"33. The following particulars are prescribed in relation to an entry in the
register of designated shipper bodies, as well as any particulars required by
the Act to be entered in the Register:

   (a)  the name of the designated shipper body;

   (b)  the date on which the shipper body was designated by the Minister
        under section 10.03 of the Act;

   (c)  in the case of a designated secondary shipper body:

        (i)    the date on which the Registrar nominated the shipper body;

        (ii)   the name of the conference agreement to which the nomination
               relates; (iii) the provision of the Act under which the
               nomination was made;

   (d)  the address of each member of the shipper body;

   (e)  the telephone, telex and facsimile numbers and postal address of the
        shipper body;

   (f)  the name of a contact person for the shipper body. Register of
        non-conference ocean carriers with substantial market power:
        prescribed particulars

"34. The following particulars are prescribed in relation to an entry in the
register of non-conference ocean carriers with substantial market power, as
well as any particulars required by the Act to be entered in the register:

   (a)  the name of the ocean carrier;

   (b)  the date on which the ocean carrier was registered under section 10.51
        of the Act as a non-conference ocean carrier with substantial market
        power;

   (c)  whether the market power of the ocean carrier was determined by the
        Tribunal under section 10.50 or by the Minister by agreement with the
        ocean carrier;

   (d)  if the market power of the ocean carrier was determined by the
        Tribunal, the date and title of the Tribunal's report;

   (e)  the name of each designated shipper body with which the ocean carrier
        is to negotiate under subsection 10.52 (1);

   (f)  the trade route on which the ocean carrier has been determined to have
        substantial market power. Register of obligations concerning unfair
        pricing practices: prescribed particulars

"35. The following particulars are prescribed in relation to an entry in the
register of obligations concerning unfair pricing practices, as well as any
particulars required by the act to be entered in the register:

   (a)  the name of the ocean carrier to whom the obligation relates;

   (b)  whether the obligation was incurred as the result of an order under
        subsection 10.61 (1) of the Act or an undertaking under subsection
        10.64 (1) of the Act;

   (c)  the trade route to which the obligation relates;

   (d)  the date on which the order or undertaking took effect;

   (e)  a summary of the order or undertaking;

   (f)  if the obligation was incurred as the result of an order under
        subsection 10.61 (1) of the Act, the title and date of the report of
        the Tribunal under section 10.63 of the Act. Register of ocean carrier
        agents: prescribed particulars

"36. The following particulars are prescribed in relation to an entry in the
register of ocean carrier agents, as well as any particulars required by the
Act to be entered in the register:

   (a)  the telephone, telex and facsimile numbers of the agent;

   (b)  the date of the agent's appointment. Loyalty agreements: notification
        relating to exemption: prescribed particulars

"37. (1) A notification under section 10.21 of the Act must include:

   (a)  the name and address of the shipper giving the notification;

   (b)  the name and address of each other party to the loyalty agreement;

   (c)  where a copy of the loyalty agreement is not included with the
        notification-a summary of the agreement;

   (d)  the date from which the agreement took effect;

   (e)  the date on which the agreement would, but for the notice, come to an
        end;

   (f)  the date, being a date not earlier than 30 days after the date of the
        notice, from which the shipper no longer wishes the exemptions
        referred to in section 10.20 of the Act to apply;

   (g)  in the case of a notification to an ocean carrier-a copy of the
        notification the Commission under section 10.21 of the Act;

   (h)  in the case of a notification to the Commission-a copy of the
        notification to the ocean carrier. Application for provisional
        registration of conference agreement

"38. (1) An application under section 10.25 of the Act for the provisional
registration of a conference agreement must:

   (a)  be in accordance with Form 1 in Schedule 3; and

   (b)  be accompanied by a copy of the agreement.

"(2) Where the agreement is partly or wholly oral, the application shall be
accompanied by a written memorandum setting out all the provisions of the
agreement that are oral.

"(3) The following particulars are specified for the purposes of Form 1:

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

   (b)  a summary of the agreement, not longer than 100 words;

   (c)  the date of the agreement;

   (d)  the period of the agreement;

   (e)  the trade area covered by the agreement;

   (f)  if the agreement includes a provision of the kind described in
        paragraph 10.08 (1) (a) or (b) of the Act that does not deal only with
        the matters specified in paragraph 10.08 (1) (c) of the Act-the
        reasons why the provision is necessary for the effective operation of
        the agreement and is of overall benefit to Australian exporters;

   (g)  whether there have been:

        (i)    any variations to the agreement that have not been registered
               or are not being registered; or

        (ii)   any happening of affecting events (as described in section
               10.40 of the Act) that have not been notified to the Registrar;
and, if so, details of the variations or happenings;

   (h)  a statement that the agreement provides for the application of
        Australian law, as specified in subsection 10.06 (1) or, where this
        not the case, a copy of the Minister's agreement referred to in that
        subsection. Notice of unwillingness to negotiate

"39. A notice under subsection 10.29 (2) must be in writing and include:

   (a)  the title of the conference agreement; and

   (b)  the date on which the shipper bodies notified, or propose to notify,
        the parties to the agreement that they do not wish to negotiate; and

   (c)  the reasons why the shipper bodies do not wish to negotiate.
        Application for final registration of a conference agreement

"40. (1) An application under section 10.30 of the Act for the final
registration of a conference agreement must:

   (a)  be in accordance with Form 2 in Schedule 3; and

   (b)  be accompanied by a copy of the agreement.

"(2) Where the agreement is partly or wholly oral, the application shall be
accompanied by a written memorandum setting out all the provisions of the
agreement that are oral.

"(3) The following particulars are specified for the purposes of Form 2:

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

   (b)  a summary of the agreement, not longer than 100 words;

   (c)  the date of the agreement;

   (d)  the period of the agreement;

   (e)  the trade area covered by the agreement;

   (f)  the names of the designated shipper bodies with which the parties to
        the agreement are required to negotiate under section 10.29 of the
        Act;

   (g)  whether agreement was reached as a result of the negotiations under
        section 10.29 of the Act and details of minimum service levels to be
        provided under the agreement;

   (h)  if the agreement includes a provision of the kind described in
        paragraph 10.08 (1) (a) or (b) of the Act that does not deal only with
        the matters specified in paragraph 10.08 (1) (c) of the Act-the
        reasons why the provision is necessary for the effective operation of
        the agreement and is of overall benefit to Australian exporters;

   (i)  whether there have been:

        (i)    any variations to the agreement that have not been registered
               or are not being registered; or

        (ii)   any happening of affecting events (as described in section
               10.40 of the Act) that have not been notified to the Registrar;
and, if so, details of the variations or happenings;

   (j)  a statement that the agreement provides for the application of
        Australian law, as specified in subsection 10.06 (1) of the Act or,
        where this not the case, a copy of the Minister's agreement referred
        to in that subsection. Form of abstract

"41. For the purposes of subsection 10.35 (2) of the Act, an abstract must be
in accordance with Form 3 in Schedule 3. Notice of the happening of an
affecting event

"42. (1) A notice under section 10.40 or 10.43 of the Act of the happening of
an affecting event must:

   (a)  be in accordance with Form 4 in Schedule 3; and

   (b)  in the case of a notice under section 10.40 of the Act-be given to the
        Registrar as soon as practicable after a party to the conference
        becomes aware of the event; and

   (c)  in the case of a notice under section 10.43 of the Act-be given to the
        Registrar within 30 days after a party to the conference agreement
        becomes aware of the event.

"(2) The following particulars are specified for the purposes of Form 4:

   (a)  the date of the happening of the event;

   (b)  whether subparagraph 10.40 (1) (b) (i) or (ii) applies to the event;

   (c)  details of the happening of the event;

   (d)  the effect of the event on the operation of the agreement.
        Undertakings

"43. (1) An offer to give an undertaking under section 10.49, 10.59 or 10.64
of the Act must be in accordance with Form 5 in Schedule 3.

"(2) The following particulars are specified for the purposes of Form 5:

   (a)  a brief description of the terms of the undertaking;

   (b)  the trade area or trade route to which the undertaking will relate;

   (c)  the date from which it is proposed the undertaking will operate;

   (d)  the names of the parties to whom the undertaking will apply;

   (e)  in the case of an offer under section 10.49:

        (i)    the name of the registered conference agreement;

        (ii)   the date of final registration of the agreement;

   (f)  in the case of an offer under section 10.49 or 10.59 of the Act:

        (i)    the date and title of the Commission's report under section
               10.46, 10.47, 10.48, 10.56, 10.57 or 10.58 of the Act that led
               to the offer to give the undertaking; or

        (ii)   the date of the reference to the Commission under section
               10.46, 10.47 or 10.56 of the Act or the application to the
               Commission under section 10.48 or 10.58 of the Act;

   (g)  in the case of an offer under section 10.64 of the Act:

        (i)    the date of the reference to the Tribunal, and the report,
               under section 10.63 of the Act; and

        (ii)   a statement that if the offer is accepted the ocean carrier
               will, if asked by the Registrar, give such information as is
               necessary to show that the ocean carrier is complying with the
               terms of the offer. Application by ocean carrier for
               registration of agent

"44. (1) An application under section 10.70 of the Act for the registration of
an agent must be in accordance with Form 6 in Schedule 3 and be accompanied by
a copy of the instrument appointing the agent.

"(2) The following particulars are specified for the purposes of Form 6:

   (a)  the name of the ocean carrier;

   (b)  the address of the head office of the ocean carrier;

   (c)  the date from which the appointment is to take effect;

   (d)  the name of the proposed agent;

   (e)  the residential address of the proposed agent;

   (f)  a business address of the proposed agent that may be used as an
        address for service of the ocean carrier. Notice of change of agent
        etc.

"45. (1) A notice under subsection 10.72 (1) must be in accordance with Form 7
in Schedule 3.

"(2) The following particulars are prescribed for the purposes of Form 7:

   (a)  the address of the head office of the ocean carrier;

   (b)  in the case of notice of the revocation of appointment of an agent:

        (i)    the date from which the revocation is to take effect;

        (ii)   the address of the agent;

   (c)  in the case of the appointment of a new agent:

        (i)    the date from which the appointment is to take effect;

        (ii)   the name of the new agent;

        (iii)  the residential address of the new agent;

        (iv)   a business address of the new agent that may be used as an
               address for service of the ocean carrier;

   (d)  in the case of a notice under paragraph 10.72 (1) (c) requesting a
        variation of particulars relating to the ocean carrier-details of the
        particulars to be varied. Manner of making applications and giving
        notices

"46. An application may be made, or a notice given, to the Registrar:

   (a)  by leaving the application or notice with a person in attendance of
        the Registrar's office; or

   (b)  by sending the application or notice by registered post to the
        Registrar. Verification of documents

"47. (1) An application required to be made, or a notice to be given, to the
Registrar, other than an application under section 10.70 of the Act, must be
verified by statutory declaration.

"(2) The statutory declaration must be made by:

   (a)  the person furnishing the particulars in the application or notice; or

   (b)  a person authorised in writing by that person.".