Trade Practices Act 1966

Legislation au C1966A00039 Not in force Act

Legislation content

Trade Practices

No. 39 of 1966

An Act to amend the Trade Practices Act 1965 for the purpose of Controlling the Operations of Shipping Conferences in relation to the Carriage of Goods by Sea from Australia to other Countries, and for related purposes.

[Assented to 27 September, 1966]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Trade Practices Act 1966.

(2.) The Trade Practices Act 1965 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Trade Practices Act 1965–1966.

Commencement.

2.—(1.) This Act shall come into operation on the day on which it receives the Royal Assent.


(2.) The last preceding sub-section does not affect the operation of section 2 of the Principal Act as amended by this Act.

3. Section 2 of the Principal Act is repealed and the following section inserted in its stead:—

Commencement.

“2.—(1.) This section shall be deemed to have come into operation on the day on which the Trade Practices Act 1966 received the Royal Assent.

“(2.) Sections 1, 5, 8 and 106, and Parts II. and III., of this Act shall be deemed to have come into operation on the eighteenth day of December, One thousand nine hundred and sixty-five.

“(3.) The remaining provisions of this Act, other than Part Xa., shall come into operation on a date to be fixed by Proclamation as the date of commencement of those provisions.

“(4.) Part Xa. shall come into operation on a date to be fixed by Proclamation as the date of commencement of that Part.

“(5.) References in this Act to the date of commencement of this Act shall be read as references to the date fixed in pursuance of sub-section (3.) of this section.”.

Parts.

4. Section 3 of the Principal Act is amended by inserting after the words—

“Part X.—Civil Remedies (Sections 88–90).”

the words—

“Part Xa.—Overseas Cargo Shipping.

Division 1.—Preliminary (Sections 90a–90d).

Division 2.—Filing of Conference Agreements (Sections 90e–90l).

Division 3.—Powers in relation to Conference Agreements (Sections 90m–90s).

Division 4.—Powers in relation to Individual Shipowners (Sections 90t–90w).

Division 5.—General (Sections 90x–90zf).

Division 6.—Civil Remedies in relation to Overseas Cargo Shipping (Sections 90zg–90zi).”.

Provisions relating to Australian Industries Preservation Act.

5. Section 4 of the Principal Act is amended—

(a) by omitting from sub-section (1.), the word “The” and inserting in its stead the words “Until the commencement of Part Xa., the”; and


(b) by inserting after sub-section (2.) the following sub-section:—

“(2a.) Upon the commencement of Part Xa

Overview

The Trade Practices Act 1966 was enacted to amend the Trade Practices Act 1965, specifically targeting the control of shipping conferences involved in the carriage of goods by sea from Australia to other countries. Enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act aims to address gaps in the regulation of overseas cargo shipping practices and agreements. The primary objective is to ensure that such shipping operations do not hinder competition or impede the efficient and adequate provision of overseas cargo shipping services. The Act introduces Part Xa, titled "Overseas Cargo Shipping," which includes provisions for the filing of conference agreements, the disapproval of agreements, and the declaration of shipowners, alongside measures for civil remedies related to overseas cargo shipping.

Scope and Application

The Trade Practices Act 1966 applies to the carriage of goods by sea from Australia to other countries, specifically targeting the operations of shipping conferences which are agreements between shipowners that restrict competition and regulate various aspects of overseas cargo shipping. This Act applies to entities such as corporations and shipowners engaged in overseas cargo shipping, and it covers agreements made by these entities that restrict competition or regulate aspects like freight rates, allocation of ports, and volume of goods carried. The geographical scope of the Act is national, as it applies to overseas cargo shipping originating from Australia, regardless of the destination or the nationality of the shipowners involved. Exclusions include practices in respect of overseas cargo shipping engaged in by shipowners under a conference agreement, which are specifically addressed by Part Xa of the Act. The application of the Act may be extended or restricted through subordinate instruments, such as orders made by the Governor-General disapproving certain agreements or declaring specific shipowners subject to certain prohibitions.

Key Provisions

  • The Trade Practices Act 1966 (Act) amends the Trade Practices Act 1965 (Principal Act) to regulate shipping conferences and their agreements concerning the carriage of goods by sea from Australia to other countries. Section 90c of the Act identifies agreements that are subject to its provisions, specifically those that restrict, prevent, or hinder competition in overseas cargo shipping, such as agreements fixing or regulating freight rates, giving special rates or advantages to shippers, or allocating ports and regulating sailings between ports. Section 90d mandates that shipowners must be represented by an agent resident in Australia and must provide a local address for service, with failure to comply resulting in specific consequences outlined in the Act.
  • Obligations imposed by the Act include the requirement for shipowners to be represented by a local agent and to provide an Australian address for service (Section 90d). Additionally, agreements to which the Act applies must be filed with the Clerk of Shipping Agreements within 30 days of becoming subject to the Act, and particulars of any variations or determinations must also be filed within 30 days (Sections 90f and 90g). Failure to comply with these filing requirements is an offence, punishable by a fine of up to $2,000 (Section 90h).
  • The Act also imposes significant penalties and consequences for breaches. For example, parties to a disapproved conference agreement are prohibited from enforcing the agreement concerning overseas cargo shipping and from entering into other agreements that relate to the same carriage of goods (Section 90p). Declaring a shipowner in relation to specified overseas cargo shipping and then breaching the associated prohibitions can result in a penalty of up to $50,000 (Sections 90u and 90v). Furthermore, aiding, abetting, or being knowingly concerned in the commission of an offence against the Act is deemed to be committing the offence itself, with appropriate penalties applied (Section 90zd).

Legal classification tags

Area of Law
Competition Law
Commercial Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Reporting & Disclosure Obligations
Regulatory Standards
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Trade Practices Act 1966 and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.