Document ID: chunk:federal_register_of_legislation:C2025C00189:section:110:p51
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 110 (pt 51/64)
Character Range: 1560706–1563536

the appropriate prescribed form; and
 (b) made to the Minister in accordance with the regulations.
 (3) If the Minister accepts the offer, the Minister may do one or more of the following:
 (a) revoke any reference made to the Commission under section 10.57 in relation to the ocean carrier;
 (b) direct the Commission, in writing, to cease holding any investigation being held by it under section 10.58 in relation to the ocean carrier;
 (c) revoke any order made under subsection 10.54(1) in relation to the ocean carrier.
 (4) If the Minister accepts the offer, the ocean carrier shall be taken to have given the undertaking, and the Registrar shall immediately register the undertaking by entering particulars of it in the register of non‑conference ocean carriers with substantial market power.
 (5) If the Minister revokes an order made under subsection 10.54(1), the Registrar shall immediately include in the register a notation to the effect that the order has been revoked.

10.60  Enforcement of orders and undertakings
 (1) An ocean carrier shall not contravene an order made under subsection 10.54(1) or an undertaking given under section 10.59.
 (2) Part VI applies in relation to subsection (1) as if that subsection were a provision of Part IV.

Division 11—Unfair pricing practices

10.61  Powers exercisable by Minister in relation to pricing practices etc.
 (1) Subject to section 10.62, the Minister may, by writing served on an ocean carrier, order the ocean carrier not to engage in a pricing practice.
 (2) Where the Minister makes an order under subsection (1), the Registrar shall immediately enter particulars of the order in the register of obligations concerning unfair pricing practices.

10.62  Circumstances in which Minister may exercise powers
  The Minister shall not make an order under subsection 10.61(1) unless:
 (a) the Minister is satisfied:
 (i) that the ocean carrier concerned has engaged in the pricing practice concerned in relation to outwards liner cargo shipping services or inwards liner cargo shipping services provided on a particular trade route;
 (ii) that the practice has resulted in the freight rates charged by the ocean carrier for all or some outwards liner cargo shipping services or inwards liner cargo shipping services provided on the trade route being less than normal freight rates for services of that kind (as determined in accordance with section 10.66);
 (iii) that the practice is of such a magnitude or such a recurring or systematic character that it has prevented or hindered, or threatens to prevent or hinder, the provision of outwards liner cargo shipping services or inwards liner cargo shipping services on the trade route that are:
 (A) efficient and economical; and
 (B) provided at the capacity and frequency reasonably required to meet the needs of