Document ID: chunk:federal_register_of_legislation:C2025C00189:section:110:p52
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 110 (pt 52/64)
Character Range: 1563283–1566077

hinder, the provision of outwards liner cargo shipping services or inwards liner cargo shipping services on the trade route that are:
 (A) efficient and economical; and
 (B) provided at the capacity and frequency reasonably required to meet the needs of shippers who use, and shippers who may reasonably be expected to need to use, the services; and
 (iv) that the practice is contrary to the national interest (as determined in accordance with section 10.67);
 (b) the Minister has carried on or attempted to carry on, either personally or through authorised officers, consultations with the ocean carrier directed at obtaining an undertaking or action by the ocean carrier that would have made an order under subsection 10.61(1) unnecessary; and
 (c) the Commission has reported to the Minister under section 10.63 in relation to the ocean carrier in relation to outwards liner cargo shipping services or inwards liner cargo shipping services provided on the trade route and the Minister has taken the report into account.

10.63  Investigation and report by Commission
 (1) The Minister may, on the complaint of an affected person or otherwise, refer to the Commission for investigation and report the question whether grounds exist for the Minister to be satisfied, in relation to an ocean carrier in relation to outwards liner cargo shipping services or inwards liner cargo shipping services provided on a trade route, of the matters referred to in paragraph 10.62(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.

10.64  Undertakings not to engage in pricing practices
 (1) An ocean carrier may, at any time, offer to give an undertaking:
 (a) not to engage in a pricing practice; and
 (b) to give the Registrar such information as the Registrar from time to time requires (verified as the Registrar requires) for the purpose of ascertaining whether the ocean carrier is engaging in, or has engaged in, the pricing practice.
 (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 either or both of the following:
 (a) revoke any reference made to the Commission under subsection 10.63(1) in relation to the ocean carrier;
 (b) revoke any order made under subsection 10.61(1) in 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