Document ID: chunk:federal_register_of_legislation:C2025C00189:section:110:p43
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 110 (pt 43/64)
Character Range: 1539830–1542647

of particular kinds of goods;
 (iv) shippers in a particular part of Australia; and
 (c) any other relevant matters.
 (3) This subsection applies to the parties to a registered conference agreement if:
 (a) the agreement includes a provision that is covered by paragraph 10.08(1)(aa) or (b); and
 (b) the parties to the agreement have engaged in conduct, or propose to engage in conduct, to give effect to or apply the provision; and
 (c) that conduct or proposed conduct has not resulted in, or is unlikely to result in, a benefit to the public that outweighs the detriment to the public constituted by any lessening of competition that:
 (i) has resulted, or is likely to result, from the conduct; or
 (ii) would result, or be likely to result, if the proposed conduct were engaged in; and
 (d) there are exceptional circumstances that warrant the giving of a direction under subsection 10.44(1).
 (4) This subsection applies to the parties to a registered conference agreement if:
 (a) the parties to the agreement have prevented, or are proposing to prevent, the entry of a prospective party to the agreement; and
 (b) the prevention or proposed prevention is unreasonable; and
 (c) the prevention or proposed prevention is contrary to the interests of any or all of the following:
 (i) Australian shippers generally;
 (ii) Australian shippers in a particular trade;
 (iii) Australian shippers of particular kinds of goods;
 (iv) shippers in a particular part of Australia;
 (v) in the case of an outwards conference agreement—producers of goods of a kind exported, or proposed to be exported, from Australia.

10.46  Action to be taken where powers exercised by Minister without first obtaining Commission report
 (1) Where the Minister gives a direction under subsection 10.44(1) before receiving a report under section 10.47 or 10.48 in relation to matters referred to in paragraph 10.45(1)(a) of which the Minister was satisfied before giving the direction, the Minister shall immediately refer the matters to the Commission under section 10.47.
 (2) The Commission shall report to the Minister within a period of not more than 60 days in relation to those matters and any other matters that the Commission is then investigating under this Division in relation to the conference agreement concerned.
 (3) If, after taking the Commission's report into account, the Minister is satisfied of one or more of the matters referred to in paragraph 10.45(1)(a), the Minister may, within 21 days after receiving the Commission's report, direct the Registrar not to take action under subsection (4) in relation to the agreement, and may also give such further directions under subsection 10.44(1) in relation to the agreement as the Minister considers appropriate.
 (4) The Registrar shall delete the particulars of the