Document ID: chunk:federal_register_of_legislation:C2004A00716:clause:1_78
Version: federal_register_of_legislation:C2004A00716
Segment Type: clause
Provision Reference: sch 1 cl 78
Character Range: 28671–30110

78  After section 10.24
Insert:

10.24A  Exemptions from sections 45 and 47 in relation to stevedoring contracts

 (1) Section 45 does not apply in relation to the making of a stevedoring contract.

Note: For stevedoring contract, see subsection (5).

 (2) Sections 45 and 47 do not apply in relation to conduct engaged in by a party to a stevedoring contract so far as the conduct gives effect to a provision of the contract.

 (3) Sections 45 and 47 do not apply in relation to conduct engaged in by an ocean carrier or a stevedoring operator so far as the conduct relates to the determination of terms and conditions of a stevedoring contract.

Note: For stevedoring operator, see subsection (5).

 (4) The exemptions provided by this section do not apply in relation to subsections 47(6) and (7).

 (5) In this section:

stevedoring contract means a contract between:
 (a) an ocean carrier; and
 (b) a stevedoring operator;
under which the stevedoring operator provides, or arranges for the provision of, stevedoring services to the ocean carrier in connection with cargo transported on international liner cargo shipping services provided by the ocean carrier.

stevedoring operator means a person who:
 (a) provides, or proposes to provide; or
 (b) arranges for the provision of, or proposes to arrange for the provision of;
stevedoring services in connection with cargo transported on international liner cargo shipping services.