Document ID: chunk:federal_register_of_legislation:C2025C00189:section:110:p29
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 110 (pt 29/64)
Character Range: 1502971–1505753

provided by subsection (1) does not apply in relation to subsections 47(6) and (7).

10.21  Exemptions cease to apply in relation to a shipper at the shipper's option
  The exemptions provided by this Subdivision in relation to the operation of a loyalty agreement cease to apply in relation to conduct engaged in by an ocean carrier in relation to a shipper if the shipper notifies, as prescribed, the Commission and each ocean carrier who is a party to the agreement that the shipper no longer wishes the exemptions to apply.

Subdivision D—Other exemptions

10.24  Exemptions from sections 45AF, 45AG, 45AJ, 45AK, 45 and 47 in relation to certain negotiations
 (1) Sections 45AF, 45AJ, 45 and 47 do not apply in relation to conduct engaged in by an ocean carrier, conference, shipper or designated shipper body so far as the conduct relates to the determination of terms and conditions of loyalty agreements.
 (2) Sections 45AF, 45AG, 45AJ, 45AK, 45 and 47 do not apply in relation to conduct engaged in by an ocean carrier, conference, shipper or designated shipper body so far as the conduct relates to the obligations of an ocean carrier under any of the following provisions:
 (a) section 10.29 (parties to conference agreement to negotiate minimum level of shipping services after provisional registration of agreement);
 (b) section 10.41 (parties to registered conference agreement to negotiate with certain designated shipper bodies etc.);
 (c) section 10.52 (non‑conference ocean carrier with substantial market power to negotiate with certain designated shipper bodies etc.).
 (3) The exemptions provided by this section do not apply in relation to subsections 47(6) and (7).

10.24A  Exemptions from sections 45AF, 45AG, 45AJ, 45AK, 45 and 47 in relation to stevedoring contracts
 (1) Sections 45AF, 45AJ and 45 do not apply in relation to the making of a stevedoring contract.
Note: For stevedoring contract, see subsection (5).
 (2) Sections 45AG, 45AK, 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 45AF, 45AJ, 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).
 (3A) The exemptions provided by this section do not extend to any dealings between stevedoring operators.
 (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