Commonwealth Numbered Regulations - Explanatory Statements

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TRADE PRACTICES REGULATIONS (AMENDMENT) 1992 NO. 71

STATUTORY RULES 1992 No. 71

Issued by Authority of the Minister for Shipping and Aviation

Trade Practices Act 1974

Trade Practices Regulations (Amendment)

Subsection 172(1) of the Trade Practices Act 1974 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

Part X of the Act provides the regulatory framework for Australia's international liner cargo shipping services. Regulations 20-47 of the Trade Practices Regulations (the Regulations) prescribe the particulars necessary for the proper administration of Part X. The maximum level of fees permitted to be charged for the processing of applications made under Part X was increased, with effect from 25 November 1991, by the Transport and Communications Legislation Amendment Act 1991.

The amendments to the Regulations clarify the operation of certain provisions of Part X and increase fees (within the limits set by the Transport and Communications Legislation Amendment Act 1991) in order to recover fully the costs incurred in processing applications.

Details of the amendments to the Regulations are set out in the Attachment.

The amending Regulations came into operation on 1 April 1992.

ATTACHMENT

Details of Amendments to the Trade Practices Regulations

Regulation 1 provides that the amending Regulations commence on 1 April 1992.

Regulation 2 identifies the Trade Practices Regulations as the Regulations being amended.

Regulation 3 amended subregulation 38(1) to require that an application for provisional registration of a conference agreement be accompanied by the prescribed fee.

Regulation 4 amended subregulation 40(1) to require that an application for final registration of a conference agreement be accompanied by the prescribed fee.

Regulation 5 amended subregulation 42(2) to require the party notifying the Registrar of Liner Shipping of the happening of an event that effects the operation of a conference agreement or the operation of shipping services under a conference agreement to specify the effect of the event on the provision of outwards liner cargo shipping services.

Regulation 6 amended subregulation 44(1) to require that an application for the registration of an ocean carrier agent be accompanied by the prescribed fee.

Regulation 7 substituted subregulation 45(1) to include the additional requirement that a notice for a change of ocean carrier agent must be accompanied by a copy of the instrument appointing the agent and the prescribed fee.

Regulation 8 amended subregulation 47(1) and added a new subregulation 47(3). The amendment to subregulation 47(1) is consequential upon the amendment to subregulation 45(1) to remove the requirement that an application for a change of an ocean carrier agent be accompanied by a statutory declaration.

New subregulation 47(3) requires a person lodging an application for a varying conference agreement in a consolidated form to make a declaration that all parties to the agreement have agreed to the terms of the varying conference agreement in its consolidated form.

Regulation 9 substituted Schedule 2 to prescribe the following fees for applications made under Part X of the Act:

Matter 1. Application for a copy of a part of an entry in a register or a part of a conference agreement file 2. Application for a copy of the whole of an entry in a register or the whole of a conference agreement file 3. Application for provisional registration of a conference agreement 4. Application for the final registration of a conference agreement 5. Application for registration of an ocean carrier's agent, or a change of agent, or a change of agent's details.

Fee $30 $60 $360 $210 $50