Document ID: chunk:federal_register_of_legislation:C2025C00189:section:110:p42
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 110 (pt 42/64)
Character Range: 1537291–1540079

given effect to or applied, or propose to give effect to or apply, the agreement without due regard to the need for outwards liner cargo shipping services or inwards liner cargo shipping services provided under the agreement to be:
 (A) efficient and economical; and
 (B) provided at the capacity and frequency reasonably required to meet the needs of shippers who use, and shippers who may reasonably be expected to need to use, the services;
 (v) in the case of an outwards conference agreement—that parties to the agreement have given effect to or applied, or propose to give effect to or apply, the agreement in a manner that prevents or hinders an Australian flag shipping operator from engaging efficiently in the provision of outwards liner cargo shipping services to an extent that is reasonable;
 (vi) that provisional or final registration of the agreement was granted on the basis of a statement or information that was false or misleading in a material particular;
 (vii) that parties to the agreement have breached an undertaking given by the parties to the agreement under section 10.49;
 (viii) that subsection (3) applies to parties to the agreement;
 (ix) that subsection (4) applies to parties to the agreement; and
 (aa) if the Minister is satisfied of either or both of the matters referred to in subparagraphs (1)(a)(viii) and (ix)—at least 21 days before giving the direction, the Minister served on each party to the agreement a written notice of his or her intention to give the direction; and
 (b) the Minister has carried on or attempted to carry on, either personally or through authorised officers, consultations with the parties to the agreement directed at obtaining an undertaking or action by the parties that would have made a direction under subsection 10.44(1) unnecessary; and
 (c) either of the following subparagraphs applies:
 (i) the Commission has reported to the Minister under section 10.47 or 10.48 in relation to matters referred to in paragraph (a) of which the Minister is satisfied and the Minister has taken the report into account;
 (ii) the Minister is satisfied that the special circumstances of the case make it desirable to give the direction before he or she receives such a report from the Commission.
 (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 is