Trade Practices Regulations (Amendment) (Cth)
I, THE GOVERNOR-GENERAL of the
Commonwealth of Australia, acting with the advice of the Federal Executive
Council, hereby make the following Regulations under the
Dated 31 July 1989.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
Ralph Willis
Minister of State for Transport
and Communications
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(a) by omitting from subregulation (1) the definitions of “Clerk” and “Minister”;
(S.R. 209/89)—Cat. No. 14/10.7.1989
(b) by omitting subregulation (3).
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“4a. In this Part, unless the contrary intention appears:
“Registrar” means the Registrar of the Tribunal and, except in subregulation 15 (3), includes a Deputy Registrar.”.
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“29. (1) In this Part, unless the contrary intention appears:
‘Registrar’ means the Registrar of Liner Shipping;
‘trade area’, in relation to a conference agreement, means the geographical area to which the agreement relates.
“(2) An expression used in this Part has the same meaning as in Part X of the Act.
“30. The Minister must notify in the
“31. The fee specified in column 2 of an item in Schedule 2 is prescribed in respect of the matter specified in column 1 of that item.
“32. The following particulars are prescribed in relation to an entry in the register of conference agreements, as well as any particulars required by the Act to be entered in the register:
(a) the name of the agreement;
(b) the parties to the agreement;
(c) the trade area covered by the agreement;
(d) the identification number of the conference agreement file kept by the Registrar under section 10.12 of the Act;
(e) the date of the agreement;
(f) whether the agreement is for a fixed period and, if so, the period;
(g) details of any provisions for renewal or termination of the agreement;
(h) the date on which the agreement was provisionally registered;
(i) the date on which the agreement was finally registered;
(j) a summary of the agreement;
(k) the names of the designated shipper bodies with which the parties to the agreement are required to negotiate under section 10.29 and 10.41 of the Act;
(l) where the parties to the agreement have notified the Registrar under subsection 10.29 (2), that fact;
(m) whether agreement has been reached in the negotiations under section 10.29 of the Act;
(n) whether the Registrar has directed that any part of the agreement is not to be open to public inspection and, if so, which part;
(o) whether another conference agreement that varies the agreement has been made or arrived at and, if so, the name of that other agreement;
(p) the date of any notifications given to the Registrar under subsection 10.40 and 10.43 of the Act in connection with the operation of the agreement.
“33. The following particulars are prescribed in relation to an entry in the register of designated shipper bodies, as well as any particulars required by the Act to be entered in the Register:
(a) the name of the designated shipper body;
(b) the date on which the shipper body was designated by the Minister under section 10.03 of the Act;
(c) in the case of a designated secondary shipper body:
(i) the date on which the Registrar nominated the shipper body;
(ii) the name of the conference agreement to which the nomination relates;
(iii) the provision of the Act under which the nomination was made;
(d) the address of each member of the shipper body;
(e) the telephone, telex and facsimile numbers and postal address of the shipper body;
(f) the name of a contact person for the shipper body.
“34. The following particulars are prescribed in relation to an entry in the register of non-conference ocean carriers with substantial market power, as well as any particulars required by the Act to be entered in the register:
(a) the name of the ocean carrier;
(b) the date on which the ocean carrier was registered under section 10.51 of the Act as a non-conference ocean carrier with substantial market power;
(c) whether the market power of the ocean carrier was determined by the Tribunal under section 10.50 or by the Minister by agreement with the ocean carrier;
(d) if the market power of the ocean carrier was determined by the Tribunal, the date and title of the Tribunal’s report;
(e) the name of each designated shipper body with which the ocean carrier is to negotiate under subsection 10.52 (1);
(f) the trade route on which the ocean carrier has been determined to have substantial market power.
“35. The following particulars are prescribed in relation to an entry in the register of obligations concerning unfair pricing practices, as well as any particulars required by the act to be entered in the register:
(a) the name of the ocean carrier to whom the obligation relates;
(b) whether the obligation was incurred as the result of an order under subsection 10.61 (1) of the Act or an undertaking under subsection 10.64(1) of the Act;
(c) the trade route to which the obligation relates;
(d) the date on which the order or undertaking took effect;
(e) a summary of the order or undertaking;
(f) if the obligation was incurred as the result of an order under subsection 10.61 (1) of the Act, the title and date of the report of the Tribunal under section 10.63 of the Act.
“36. The following particulars are prescribed in relation to an entry in the register of ocean carrier agents, as well as any particulars required by the Act to be entered in the register:
(a) the telephone, telex and facsimile numbers of the agent;
(b) the date of the agent’s appointment.
“37. (1) A notification under section 10.21 of the Act must include:
(a) the name and address of the shipper giving the notification;
(b) the name and address of each other party to the loyalty agreement;
(c) where a copy of the loyalty agreement is not included with the notification—a summary of the agreement;
(d) the date from which the agreement took effect:
(e) the date on which the agreement would, but for the notice, come to an end;
(f) the date, being a date not earlier than 30 days after the date of the notice, from which the shipper no longer wishes the exemptions referred to in section 10.20 of the Act to apply;
(g) in the case of a notification to an ocean carrier—a copy of the notification the Commission under section 10.21 of the Act;
(h) in the case of a notification to the Commission—a copy of the notification to the ocean carrier.
“38. (1) An application under section 10.25 of the Act for the provisional registration of a conference agreement must:
(a) be in accordance with Form 1 in Schedule 3; and
(b) be accompanied by a copy of the agreement.
“(2) Where the agreement is partly or wholly oral, the application shall be accompanied by a written memorandum setting out all the provisions of the agreement that are oral.
“(3) The following particulars are specified for the purposes of Form 1:
(a) the names of the parties to the agreement;
(b) a summary of the agreement, not longer than 100 words;
(c) the date of the agreement;
(d) the period of the agreement;
(e) the trade area covered by the agreement;
(f) if the agreement includes a provision of the kind described in paragraph 10.08 (1) (a) or (b) of the Act that does not deal only with the matters specified in paragraph 10.08 (1) (c) of the Act— the reasons why the provision is necessary for the effective operation of the agreement and is of overall benefit to Australian exporters;
(g) whether there have been:
(i) any variations to the agreement that have not been registered or are not being registered; or
(ii) any happening of affecting events (as described in section 10.40 of the Act) that have not been notified to the Registrar;
and, if so, details of the variations or happenings;
(h) a statement that the agreement provides for the application of Australian law, as specified in subsection 10.06 (1) or, where this not the case, a copy of the Minister’s agreement referred to in that subsection.
“39. A notice under subsection 10.29 (2) must be in writing and include:
(a) the title of the conference agreement; and
(b) the date on which the shipper bodies notified, or propose to notify, the parties to the agreement that they do not wish to negotiate; and
(c) the reasons why the shipper bodies do not wish to negotiate.
“40. (1) An application under section 10.30 of the Act for the final registration of a conference agreement must:
(a) be in accordance with Form 2 in Schedule 3; and
(b) be accompanied by a copy of the agreement.
“(2) Where the agreement is partly or wholly oral, the application shall be accompanied by a written memorandum setting out all the provisions of the agreement that are oral.
“(3) The following particulars are specified for the purposes of Form 2:
(a) the names of the parties to the agreement;
(b) a summary of the agreement, not longer than 100 words;
(c) the date of the agreement;
(d) the period of the agreement;
(e) the trade area covered by the agreement;
(f) the names of the designated shipper bodies with which the parties to the agreement are required to negotiate under section 10.29 of the Act;
(g) whether agreement was reached as a result of the negotiations under section 10.29 of the Act and details of minimum service levels to be provided under the agreement;
(h) if the agreement includes a provision of the kind described in paragraph 10.08 (1) (a) or (b) of the Act that does not deal only with the matters specified in paragraph 10.08 (1) (c) of the Act— the reasons why the provision is necessary for the effective operation of the agreement and is of overall benefit to Australian exporters;
(i) whether there have been:
(i) any variations to the agreement that have not been registered or are not being registered; or
(ii) any happening of affecting events (as described in section 10.40 of the Act) that have not been notified to the Registrar;
and, if so, details of the variations or happenings;
(j) a statement that the agreement provides for the application of Australian law, as specified in subsection 10.06 (1) of the Act or, where this not the case, a copy of the Minister’s agreement referred to in that subsection.
“41. For the purposes of subsection 10.35 (2) of the Act, an abstract must be in accordance with Form 3 in Schedule 3.
“42. (1) A notice under section 10.40 or 10.43 of the Act of the happening of an affecting event must:
(a) be in accordance with Form 4 in Schedule 3; and
(b) in the case of a notice under section 10.40 of the Act—be given to the Registrar as soon as practicable after a party to the conference becomes aware of the event; and
(c) in the case of a notice under section 10.43 of the Act—be given to the Registrar within 30 days after a party to the conference agreement becomes aware of the event.
“(2) The following particulars are specified for the purposes of Form 4:
(a) the date of the happening of the event;
(b) whether subparagraph 10.40 (1) (b) (i) or (ii) applies to the event;
(c) details of the happening of the event;
(d) the effect of the event on the operation of the agreement.
“43. (1) An offer to give an undertaking under section 10.49, 10.59 or 10.64 of the Act must be in accordance with Form 5 in Schedule 3.
“(2) The following particulars are specified for the purposes of Form 5:
(a) a brief description of the terms of the undertaking;
(b) the trade area or trade route to which the undertaking will relate;
(c) the date from which it is proposed the undertaking will operate;
(d) the names of the parties to whom the undertaking will apply;
(e) in the case of an offer under section 10.49:
(i) the name of the registered conference agreement;
(ii) the date of final registration of the agreement;
(f) in the case of an offer under section 10.49 or 10.59 of the Act:
(i) the date and title of the Commission’s report under section 10.46, 10.47, 10.48, 10.56, 10.57 or 10.58 of the Act that led to the offer to give the undertaking; or
(ii) the date of the reference to the Commission under section 10.46, 10.47 or 10.56 of the Act or the application to the Commission under section 10.48 or 10.58 of the Act;
(g) in the case of an offer under section 10.64 of the Act:
(i) the date of the reference to the Tribunal, and the report, under section 10.63 of the Act; and
(ii) a statement that if the offer is accepted the ocean carrier will, if asked by the Registrar, give such information as is
necessary to show that the ocean carrier is complying with the terms of the offer.
“44. (1) An application under section 10.70 of the Act for the registration of an agent must be in accordance with Form 6 in Schedule 3 and be accompanied by a copy of the instrument appointing the agent.
“(2) The following particulars are specified for the purposes of Form 6:
(a) the name of the ocean carrier;
(b) the address of the head office of the ocean carrier;
(c) the date from which the appointment is to take effect;
(d) the name of the proposed agent;
(e) the residential address of the proposed agent;
(f) a business address of the proposed agent that may be used as an address for service of the ocean carrier.
“45. (1) A notice under subsection 10.72 (1) must be in accordance with Form 7 in Schedule 3.
“(2) The following particulars are prescribed for the purposes of Form 7:
(a) the address of the head office of the ocean carrier;
(b) in the case of notice of the revocation of appointment of an agent:
(i) the date from which the revocation is to take effect;
(ii) the address of the agent;
(c) in the case of the appointment of a new agent:
(i) the date from which the appointment is to take effect;
(ii) the name of the new agent;
(iii) the residential address of the new agent;
(iv) a business address of the new agent that may be used as an address for service of the ocean carrier;
(d) in the case of a notice under paragraph 10.72 (1) (c) requesting a variation of particulars relating to the ocean carrier—details of the particulars to be varied.
“46. An application may be made, or a notice given, to the Registrar:
(a) by leaving the application or notice with a person in attendance of the Registrar’s office; or
(b) by sending the application or notice by registered post to the Registrar.
“47. (1) An application required to be made, or a notice to be given, to the Registrar, other than an application under section 10.70 of the Act, must be verified by statutory declaration.
“(2) The statutory declaration must be made by:
(a) the person furnishing the particulars in the application or notice; or
(b) a person authorised in writing by that person.”.
SCHEDULE 2 Regulation 31
Column 1 | Column 2 | |
Matter | Fee | |
$ | ||
1 | Application for a copy of a part of an entry in a register or a part of a conference agreement file | 20 |
2 | Application for a copy of the whole of an entry in a register or the whole of a conference agreement file | 40 |
3 | Application for provisional registration of a conference agreement................... | 300 |
4 | Application for final registration of a conference agreement............................. | 175 |
5 | Application for registration of ocean carrier’s agent......................................... | 20 |
SCHEDULE 3 Regulation 38
Form 1
TRADE PRACTICES ACT 1974
APPLICATION FOR PROVISIONAL REGISTRATION OF A CONFERENCE AGREEMENT
Name of applicant(s):
Address of applicant(s):
[Here insert particulars specified in regulation 38]
Signature of applicant(s):
Date:
–––––––––––––
Form 2 Regulation 40
TRADE PRACTICES ACT 1974
APPLICATION FOR FINAL REGISTRATION OF A CONFERENCE AGREEMENT
Name of applicant(s):
Address of applicant(s):
[Here insert particulars specified in regulation 40]
Signature of applicant(s):
Date:
Form 3 Regulation 41
TRADE PRACTICES ACT 1974
ABSTRACT OF CONFIDENTIAL PARTS OF AGREEMENT
Name of party making request:
Title of conference:
[Here describe material covered by confidential parts of agreement]
Signature of applicant:
Date:
Form 4 Regulation 42
TRADE PRACTICES ACT 1974
NOTICE OF THE HAPPENING OF AN AFFECTING EVENT
Name of party giving notice:
Title of conference agreement:
[Here insert particulars specified in regulation 42]
Signature of party giving notice:
Date:
Form 5 Regulation 43
TRADE PRACTICES ACT 1974
OFFER TO GIVE UNDERTAKING
Provision of the Act under which offer made:
Names of * parties to agreement:
* ocean carrier:
[Here insert particulars specified in regulation 43]
Signatures of parties:
Date:
Form 6 Regulation 44
TRADE PRACTICES ACT 1974
SECTION 10.70
APPLICATION BY OCEAN CARRIER FOR REGISTRATION OF AGENT
Names of applicant:
[Here insert particulars specified in regulation 44]
Signatures of applicant:
Date:
Form 7 Regulation 45
TRADE PRACTICES ACT 1974
SECTION 10.72
NOTICE TO CHANGE OF AGENT, CHANGE OF ADDRESS OR CHANGE OF PARTICULARS
Name of ocean carrier:
[Here insert particulars specified in regulation 45]
Signature of ocean carrier:
Date:
1.
Notified in the
2. Statutory Rules. 1974 No. 170 as amended by 1974 Nos. 175 and 247; 1975 No. 13; 1978 No. 212; 1979 Nos. 1 and 87; 1980 No. 39; 1982 No. 68
Printed by Authority by the Commonwealth Government Printer
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