Document ID: chunk:federal_register_of_legislation:C2025C00189:section:110:p16
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 110 (pt 16/64)
Character Range: 1468492–1471558

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:
             (a) sections 45AF, 45AG, 45AJ and 45AK (cartel conduct); and
             (b) section 45 (contracts etc. that restrict dealings or affect competition); and
             (c) 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.

10.02  Interpretation
 (1) In this Part, unless the contrary intention appears:
agreement means any contract, agreement, arrangement or understanding, whether made in or outside Australia.
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.
association includes a body corporate.
Australian exporter means a person who exports goods from Australia.
Australian flag shipping operator means a person who:
 (a) is an Australian citizen or a body corporate incorporated by or under the law of the Commonwealth or of a State or Territory;
 (b) provides, or proposes to provide, shipping services; and
 (c) normally uses, or proposes normally to use, in providing the services only:
 (i) a ship that is registered in Australia; or
 (ii) 2 or more ships, all or most of which are registered in Australia.
Australian importer means a person who imports goods into Australia.
authorised officer means an officer of the Department who is authorised, in writing, by the Minister for the purposes of this Part.
conference means an unincorporated association of 2 or more ocean carriers carrying on 2 or more businesses each of which includes, or is proposed to include, the provision of outwards liner cargo shipping services or inwards liner cargo shipping services.
conference agreement means:
 (a) an outwards conference agreement; or
 (b) an inwards conference agreement.
designated inwards peak shipper body means an association specified in a notice under subsection 10.03(2A).
designated inwards secondary shipper body means an association specified in a notice under subsection 10.03(2B).
designated inwards shipper body means:
 (a) a designated inwards peak shipper body; or