Document ID: chunk:federal_register_of_legislation:C2004A00716:clause:1_99
Version: federal_register_of_legislation:C2004A00716
Segment Type: clause
Provision Reference: sch 1 cl 99
Character Range: 37419–39946

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.