Document ID: chunk:federal_register_of_legislation:C2004A04248:body:0:p20
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that:

    (a) was or is made under this Act, whether before, at or after the commencement of this section; and

    (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901; and

    (c) was or is laid before either House, or each House, of the Parliament after 14 November 1991 and before 31 December 1991.

"(2) Subject to subsection (3) of this section, the provisions of subsections 48(4), (5) and (5A) and 48B(1) and (2) of the Acts Interpretation Act 1901, as applying in relation to the instrument because of section 46A of that Act, so apply as if each reference in those provisions to 15 sitting days were a reference to 5 sitting days.

"(3) If, after the instrument was or is laid before a House of the Parliament, that House passes a resolution approving the instrument, the provisions of subsections 48(4), (5) and (5A) and 48B(1) and (2) of the Acts Interpretation Act 1901, as applying in relation to the instrument because of section 46A of that Act, cease to apply in relation to the instrument in relation to that House.

"(4) Except as provided in subsections (2) and (3) of this section, the application of sections 48, 48A, 48B and 49 of the Acts Interpretation Act 1901 in relation to the instrument because of section 46A of that Act is not affected.".

PART 9—AMENDMENTS OF THE TRADE PRACTICES ACT 1974

Principal Act

48. In this Part, "Principal Act" means the Trade Practices Act 19747.

Interpretation

49. Section 10.02 of the Principal Act is amended by inserting in subsection (1) the following definition:

" 'freight rate charges', in relation to a 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;".

50. After section 10.17 of the Principal Act the following section is inserted:

Exemptions from section 45 for conference agreements to the extent that they specify freight rates

"10.17A.(1) Section 45 does not apply to the making of the freight rate charges in a conference agreement.

"(2) Section 45 does not apply to conduct engaged in by a party to a conference agreement so far as the conduct gives effect to the freight rate charges in the agreement.".

51. After section 10.18 of the Principal Act the following section is inserted:

Exemptions from section 47 for conference agreements to the extent that they specify freight rates

"10.18A.(1) Section 47 does not apply to conduct engaged in by a party to a conference agreement so far as the conduct gives effect to the freight rate charges in the agreement.

"(2) The exemption provided by subsection