Document ID: chunk:federal_register_of_legislation:C2025C00189:section:110:p45
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 110 (pt 45/64)
Character Range: 1544928–1547710

10.45(1)(a).
 (2) If subsection (1) applies, 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.
 (2A) The Commission may, on its own initiative, hold an investigation into the question whether grounds exist for the Minister to be satisfied in relation to a registered conference agreement of either or both of the matters referred to in subparagraphs 10.45(1)(a)(viii) and (ix).
 (2B) If subsection (2A) applies, the Commission must inform the Minister of its decision to hold an investigation 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 operation of a registered conference agreement:
 (a) a party to the agreement;
 (b) a designated shipper body;
 (c) in the case of an outwards conference agreement—an Australian flag shipping operator;
 (d) 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, under the agreement;
 (e) an association representing shippers who use, or may reasonably be expected to need to use, such services.

10.49  Undertakings by parties to registered conference agreement
 (1) The parties to a registered conference agreement 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 under section 10.47 in relation to the agreement;
 (b) direct the Commission, in writing, to cease holding any investigation being held by it under section 10.48 in relation to the agreement;
 (c) revoke any direction given under subsection 10.44(1) in relation to the agreement.
 (4) If the Minister accepts the offer, the parties 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 conference agreements.
 (5) If the Minister revokes a direction given 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