Document ID: chunk:federal_register_of_legislation:C2025C00189:section:110:p22
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 110 (pt 22/64)
Character Range: 1484641–1487597

of the opinion:
 (a) that an association represents the interests, in relation to inwards liner cargo shipping services, of all or any of the following kinds of persons:
 (i) Australian shippers in a particular trade;
 (ii) Australian shippers of particular kinds of goods;
 (iii) shippers in a particular part of Australia; and
 (b) that it is desirable that the association be a designated inwards secondary shipper body for the purposes of this Part;
the Minister may, by legislative instrument, declare that the association is a designated inwards secondary shipper body for the purposes of this Part.
 (3) Where the Minister declares that an association is a designated outwards peak shipper body, a designated inwards peak shipper body, a designated outwards secondary shipper body or a designated inwards secondary shipper body for the purposes of this Part, the Registrar shall enter particulars of the association in the register of designated shipper bodies.
 (4) The particulars entered in the register shall include whether the association is a designated outwards peak shipper body, a designated inwards peak shipper body, a designated outwards secondary shipper body or a designated inwards secondary shipper body.
 (5) The Minister may, by legislative instrument, make guidelines to be applied by the Registrar in the exercise of the Registrar's powers to nominate designated secondary shipper bodies for the purposes of sections 10.29, 10.41 and 10.52.
 (6) The Registrar shall enter particulars of any nomination of a designated secondary shipper body for the purposes of section 10.29, 10.41 or 10.52 in the register of designated shipper bodies.

Division 2—Additional restrictive trade practice provisions applying to ocean carriers

10.04  Application of section 46 in relation to conference agreements
 (1) For the purposes of section 46, if the parties to a conference agreement together have a substantial degree of power in a market in which any party to the agreement provides international liner cargo shipping services under the agreement, each party to the conference agreement shall be taken to have a substantial degree of power in the market.
 (2) In subsection (1):
conference agreement means an agreement between members of a conference in relation to international liner cargo shipping services provided, or proposed to be provided, by them, and includes an agreement that varies such an agreement.

Division 3—Minimum standards for conference agreements

10.06  Application of Australian law to outwards conference agreements and withdrawal from agreements
 (1) An outwards conference agreement must expressly provide for a question arising under the agreement in relation to an outwards liner cargo shipping service provided, or proposed to be provided, under the agreement to be determined in Australia in accordance with Australian law unless the parties and the Minister agree, in writing, to the particular question