Document ID: chunk:federal_register_of_legislation:C2025C00189:section:110:p46
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 110 (pt 46/64)
Character Range: 1547462–1550339

under subsection 10.44(1), the Registrar shall immediately include in the register a notation to the effect that the direction has been revoked.
 (6) On the inclusion of the notation, Subdivision A of Division 5 applies in relation to the agreement to the extent to which it would have applied but for the entry of the particulars of the direction.

10.49A  Enforcement of undertakings
 (1) A party to a registered conference agreement must not contravene an undertaking given under section 10.49.
 (2) Part VI applies in relation to subsection (1) as if that subsection were a provision of Part IV.

Division 9—Obligations of non‑conference ocean carriers with substantial market power

10.50  Investigations by Commission into market power of ocean carriers
 (1) The Minister may refer to the Commission for investigation and report the question whether an ocean carrier has a substantial degree of market power in the provision of outwards liner cargo shipping services or inwards liner cargo shipping services on a trade route otherwise than because the ocean carrier is a party to a conference agreement.
 (2) The Commission shall hold an investigation into the question and report to the Minister.
 (3) In its investigation, the Commission shall give special consideration to any matters specified in the reference as matters to be given special consideration by the Commission.

10.51  Determination by Minister of market power of ocean carriers
 (1) Where:
 (a) the Commission reports to the Minister under section 10.50 that an ocean carrier has a substantial degree of market power in the provision of outwards liner cargo shipping services or inwards liner cargo shipping services on a trade route otherwise than because the ocean carrier is a party to a conference agreement; or
 (b) an ocean carrier agrees, in writing, to the Minister giving a direction under this subsection in relation to the ocean carrier in relation to a trade route;
the Minister may direct the Registrar to register the ocean carrier as a non‑conference ocean carrier with substantial market power in relation to the trade route.
 (2) Where the Minister gives a direction under subsection (1), the Registrar shall immediately enter particulars of the ocean carrier and the trade route in the register of non‑conference ocean carriers with substantial market power.
 (3) A direction under subsection (1) must be in writing, and the Registrar shall serve a copy of the direction on the ocean carrier concerned.

10.52  Non‑conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.
 (1) A registered non‑conference ocean carrier with substantial market power shall:
 (a) take part in negotiations with a relevant designated shipper body in relation to negotiable shipping arrangements whenever reasonably requested by the shipper body, and