Document ID: chunk:federal_register_of_legislation:C2004A00716:clause:1_108
Version: federal_register_of_legislation:C2004A00716
Segment Type: clause
Provision Reference: sch 1 cl 108
Character Range: 42862–45164

108  At the end of section 10.45
Add:

 (2) For the purposes of subparagraph (1)(a)(v), 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.

 (3) This subsection applies to the parties to a registered conference agreement if:
 (a) the agreement includes a provision that has the purpose, or has or is likely to have the effect, of substantially lessening competition (within the meaning of section 45); 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.

 (5) Subparagraph (1)(a)(iv) and subsections (3) and (4) 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.