Document ID: chunk:federal_register_of_legislation:C2025C00189:section:110:p41
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 110 (pt 41/64)
Character Range: 1534657–1537527

direction to cancel the registration of a registered conference agreement so far as it relates to particular conduct, the exemptions provided by Subdivision A of Division 5 cease to apply in relation to conduct of that kind in relation to the agreement.
 (7) A direction under subsection (1) must be given in writing, and the Registrar shall serve a copy of the direction on the parties to the conference agreement concerned.
 (8) If:
 (a) the Commission reports to the Minister under section 10.47 or 10.48 in relation to either or both of the matters referred to in subparagraphs 10.45(1)(a)(viii) and (ix); and
 (b) after taking the report into account, the Minister is satisfied of either or both of those matters and decides to give a direction under subsection (1);
the Minister must:
 (c) prepare a statement about the decision; and
 (d) cause:
 (i) a copy of the statement; and
 (ii) a copy of the Commission's report;
  to be laid before each House of the Parliament within 15 sittings days of that House after the decision was made.

10.45  Circumstances in which Minister may exercise powers in relation to registered conference agreements
 (1) The Minister shall not give a direction under subsection 10.44(1) in relation to a registered conference agreement unless:
 (a) the Minister is satisfied of one or more of the following matters:
 (i) in the case of an outwards conference agreement—that the agreement does not comply with section 10.06 (application of Australian law to outwards conference agreements and withdrawal from agreements);
 (ia) that section 10.07 (minimum levels of shipping services to be specified in conference agreements) applies to the agreement, and that the agreement does not comply with that section;
 (ib) that section 10.08 (conference agreements may include only certain restrictive trade practice provisions) applies to the agreement, and that the agreement does not comply with that section;
 (ii) that section 10.41 (parties to registered conference agreement to negotiate with certain designated shipper bodies etc.) applies to the parties to the agreement, and that the parties have contravened, or propose to contravene, that section;
 (iia) that parties to the agreement have contravened, or propose to contravene, subsection 10.43(1) (parties to registered conference agreement to notify happening of affecting events etc.);
 (iii) that section 10.42 (application to be made for registration of varying conference agreements) has not been complied with in relation to a conference agreement that varies or otherwise affects the agreement;
 (iv) that parties to the agreement have given effect to or applied, or propose to give effect to or apply, the agreement without due regard to the need for outwards liner cargo shipping services or inwards liner cargo shipping services provided under the agreement to be:
 (A)