Document ID: chunk:federal_register_of_legislation:C2025C00189:section:110:p48
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 110 (pt 48/64)
Character Range: 1552775–1555830

designated shipper body:
 (a) in relation to negotiations connected with outwards liner cargo shipping services—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 ocean carrier) for the purposes of the relevant trade route; or
 (b) in relation to negotiations connected with inwards liner cargo shipping services—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 ocean carrier) for the purposes of the relevant trade route.
relevant trade route means the trade route specified in relation to the ocean carrier in the register of non‑conference ocean carriers with substantial market power.

10.53  Non‑conference ocean carrier with substantial market power not to hinder Australian flag shipping operators etc.
 (1) A registered non‑conference ocean carrier with substantial market power shall not prevent or hinder an Australian flag shipping operator from engaging efficiently in the provision of outwards liner cargo shipping services to an extent that is reasonable.
 (2) For the purposes of subsection (1), in determining what is reasonable, have regard to:
 (a) the national interest; and
 (b) the interests 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; and
 (c) any other relevant matters.

Division 10—Powers of Minister in relation to non‑conference ocean carriers with substantial market power

10.54  Powers exercisable by Minister in relation to obligations of non‑conference ocean carriers with substantial market power
 (1) Subject to sections 10.55 and 10.56, the Minister may, by writing served on a registered non‑conference ocean carrier with substantial market power, order the ocean carrier to comply with any of the ocean carrier's obligations under Division 9.
 (2) Where the Minister makes an order under subsection (1), the Registrar shall immediately enter particulars of the order in the register of non‑conference ocean carriers with substantial market power.

10.55  Circumstances in which Minister may exercise powers
  The Minister shall not make an order under subsection 10.54(1) unless:
 (a) the Minister is satisfied of either or both of the following matters:
 (i) that section 10.52 (non‑conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.) applies to the ocean carrier concerned, and that the ocean carrier has contravened, or proposes to contravene, that section;
 (ii) that the ocean carrier concerned has contravened, or proposes to contravene, section 10.53 (non‑conference ocean carrier with substantial market power not to hinder Australian flag shipping operators etc.);
 (b) the Minister has carried on or attempted to carry on, either personally or through