Document ID: chunk:federal_register_of_legislation:C2025C00189:section:110:p53
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 110 (pt 53/64)
Character Range: 1565833–1568709

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 obligations concerning unfair pricing practices.
 (5) If the Minister revokes an order made under subsection 10.61(1), the Registrar shall immediately include in the register a notation to the effect that the order has been revoked.

10.65  Enforcement of orders and undertakings
 (1) An ocean carrier shall not contravene an order made under subsection 10.61(1) or an undertaking given under section 10.64.
 (2) Part VI applies in relation to subsection (1) as if that subsection were a provision of Part IV.

10.66  Determination of normal freight rates for shipping services
 (1) The normal freight rates for outwards liner cargo shipping services or inwards liner cargo shipping services provided on a trade route are, subject to subsection (2), the freight rates actually charged in the ordinary course of shipping business for the same or similar services on the same or a comparable trade route by ocean carriers who do not enjoy non‑commercial advantages given by a government (including a government of a foreign country).
 (2) If such actual freight rates do not exist or it is not possible to ascertain satisfactorily what they are, the normal freight rates for the services may be determined by:
 (a) comparing the costs of the ocean carrier concerned and comparable ocean carriers who do not enjoy non‑commercial advantages given by a government (including a government of a foreign country); and
 (b) allowing reasonable margins of profit.
 (3) The comparison shall:
 (a) take into account all costs incurred in the ordinary course of shipping business, whether the costs are fixed or variable; and
 (b) allow for reasonable overhead expenses.

10.67  Determination of whether practice contrary to national interest
 (1) In determining whether a pricing practice in relation to outwards liner cargo shipping services is contrary to the national interest, regard shall be had, in particular, to:
 (a) the effect that the practice has had, or is likely to have, in relation to:
 (i) continued access by Australian exporters to outwards liner cargo shipping services of adequate frequency and reliability at freight rates that are internationally competitive; and
 (ii) stable access to export markets for exporters in all States and Territories;
 (b) the extent to which any advantages provided by the practice or similar practices are enjoyed by competitors of Australian exporters; and
 (c) the effect that denial of any advantages provided by the practice would have on the competitiveness of Australian industries.
 (2) Subsection (3) applies when determining whether a pricing practice in relation to inwards liner