Document ID: chunk:federal_register_of_legislation:C2025C00189:section:110:p50
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 110 (pt 50/64)
Character Range: 1558133–1560943

writing, and the Registrar must serve a copy of the direction on the ocean carrier.

10.57  Investigation and report by Commission on reference by Minister
 (1) The Minister may refer to the Commission for investigation and report the question whether grounds exist for the Minister to be satisfied in relation to a registered non‑conference ocean carrier with substantial market power of one or more specified matters referred to in paragraph 10.55(a).
 (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.

10.58  Investigation and report by Commission on application by affected person
 (1) A person affected by the conduct of a registered non‑conference ocean carrier with substantial market power may apply to the Commission for an investigation into the question whether grounds exist for the Minister to be satisfied in relation to the ocean carrier of one or more specified matters referred to in paragraph 10.55(a).
 (2) The Commission may hold an investigation into the question, and, if it decides to do so, it shall inform the Minister of its decision and report to the Minister.
 (3) In its investigation, the Commission shall give special consideration to such matters (if any) as the Minister requests it to give special consideration.
 (4) A request under subsection (3) must be made in writing.
 (5) Without limiting subsection (1), each of the following persons shall be taken to be a person affected by the conduct of a registered non‑conference ocean carrier with substantial market power:
 (a) a designated shipper body;
 (b) in the case of an investigation relating to outwards liner cargo shipping services—an Australian flag shipping operator;
 (c) a shipper who uses, or may reasonably be expected to need to use, outwards liner cargo shipping services or inwards liner cargo shipping services provided, or proposed to be provided, on the trade route specified in relation to the ocean carrier in the register of non‑conference ocean carriers with substantial market power;
 (d) an association representing shippers who use, or may reasonably be expected to need to use, such services.

10.59  Undertakings by ocean carrier
 (1) A registered non‑conference ocean carrier with substantial market power may, at any time, offer to give an undertaking to do, or not to do, a specified act or thing.
 (2) The offer must be:
 (a) in 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